HomeMy WebLinkAbout2003-01-07 Ordinance Prepared by: Shelley McCaffer[y, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ02-00019)
AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM LOW DENSITY SINGLE FAMILY
RESIDENTIAL, RS-5, TO SENSITVE AREAS OVERLAY, RS-S/OSA FOR HEARTHSIDE REFUGE, A 4-LOT,
5.6-ACRE SUBDIVISION LOCATED AT 1520 N. DUBUQUE ROAD.
WHEREAS, the owner of said property has requested that the property be rezoned from Low Density Single
Family Residential, RS-5, to Sensitive Areas Overlay, RS-5/OSA; and
WHEREAS, said property contains steep, critical and protected slopes and woodlands, and is subject to the
Sensitive Areas Ordinance; and
WHEREAS, the Sensitive Areas Ordinance requires a Sensitive Areas Overlay zone and Sensitive Areas
Development Plan to be approved prior to development activity occurring on properties with critical and protected
slopes, and woodlands; and '
WHEREAS, development activity will not occur within the critical and protected slopes, and woodlands, or
within 50-feet of the critical and protected slopes, and woodlands; and
WHEREAS, the Sensitive Areas Development Plan is in technical compliance with the Sensitive Areas
Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from Low Density Single
Family Residential, RS-5 to Sensitive Areas Overlay, RS-5/OSA and the associated Sensitive Areas Development
plan is hereby approved.
Commencing at the southeast corner of Lot 11, Surrey Hills Addition, to Iowa City, Iowa in accordance
with the plat recorded in Book 7, Page 67 of the records of the Johnson County Recorder's Office;
Thence N01 °22'00"W, along west line of said Lot 11, a distance of 39.31 feet; thence S89 °55'00"W,
290.49 feet; thence N09 °00'00"W, 101.96 feet; thence 84 °58'00"W,212.61 feet, to a point on the easterly
right-of-way line foe Dubuque Road; thence N16 °44'00"E, along said easterly right-of-way line, 506.80
feet; thence 873 °16'00'E, 130.00 feet; thence N16 °44;00"E, 141.00 feet; thence S73 °16'00"E, 49.60
feet; thence N89 °29'00"E, 111.40 feet, to a point on the west line of said Surrey Hills Addition; thence
S01 °22'00"E, along said west line 688.80 feet, to the point of beginning. Said tract of land contains 5.60
acres, and is subject to easements and restrictions of record.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning
map of the City of Iowa City, iowa, to conform to this amendment upon the final passage, approval and
publication of this ordinance as provided by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City
Clerk is hereby authorized and directed to certify a copy of this ordinance and the Sensitive Areas Development
plan for this property and to record the same at the office of the County Recorder of Johnson County, Iowa, all as
provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of ,2001.
MAYOR
ATTEST:
CITY CLERK
Approved by
'C~ty ~'tto~ey's ~)ffice
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon mil call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 1/7/03
Voteforpassage:AYES: 0'Donne]'l, Pfab, Vander-hoef, W'i]bur'n, Champ'ion, Kannet',
Lehman. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (VAC02-00006)
ORDINANCE NO.
AN ORDINANCE VACATING LAFAYETTE STREET LOCATED WEST OF CAPITOL STREET.
WHEREAS, Eagle View Properties has applied for the vacation of approximately 5,900 square feet of
Lafayette Street right-of-way, located west of Capitol Street; and
WHEREAS, Lafayette Street right-of-way west of Capitol Street is unimproved, and is not used for
vehicular or pedestrian circulation, nor is it used for emergency vehicle or utility vehicle access; and
WHEREAS, the City of Iowa City has no plans to improve the Lafayette Street right-of-way for vehicular
or pedestrian access or circulation; and
WHEREAS, as a condition of the conveyance of the Lafayette Street right-of-way west of Capitol Street,
Eagle View Properties has agreed to incorporate their properties to the north and to the west of Lafayette
Street right-of-way into one lot, to avoid the creation of a land-locked parcel as a consequence of this
vacation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. VACATION. The City of Iowa City hereby vacates the right-of-way legally described as
follows:
Commencing at the Southeast Corner of Lot 5, Block 15, County Seat Addition to Johnson
County, Iowa; thence S0°16'20"West 34.68 feet to the northerly right-of-way line of the
Cedar Rapids and iowa City Railway; thence southeasterly along said right-of-way line to
a point of intersection with the westerly right of-way line of Capitol Street; thence northerly
along the westerly right of-way line of Capitol Street to the Southeast Corner of Lot 4,
Block 15, County Seat Addition to Johnson County, Iowa; thence westerly along the
southerly line of said Lot 4 to the Southwest Corner of said Lot 4; thence continuing
westerly 20.00 feet more or less to the point of beginning.
SECTION I1. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION II1. SEVERABILITY. If any section, prevision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of ,20__
MAYOR
ATTEST:
CITY CLERK
Cit y'A'['to~'n~y'~ O~ce
ppda dm/ord/lafayette.d oc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 1/7/03
Voteforpassacle:AYES: Pfab, Vanderhoef, W'ilburn, Champion, Kanne~', Lehman,
O'Oonne]'l. NAYS:VNone. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Roberl Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (VAC02-0007)
ORDINANCE NO.
AN ORDINANCE TO VACATE THE EAST TO WEST ALLEY IN BLOCK 27 OF THE ORIGINAL TOWN
PLAT, LOCATED BETWEEN MARKET AND BLOOMINGTON STREET WEST OF DODGE STREET.
WHEREAS, the applicant, Mercy Hospital, has requested the vacation of the alley on Block 27 of the Original
Town; and
WHEREAS, this alley is not needed for public purposes; and
WHEREAS, the Planning and Zoning Commission has reviewed and recommended approval of this requested
right-of-way vacation, subject to 1) no direct vehicular access to Market Street, 2) the current alley intersection with
Dodge Street will be closed and there will be no additional direct vehicular access from Block 27 onto Dodge Street;
the exit-only from the existing parking facility onto Dodge Street will be allowed to remain, 3) any overhead utilities
relocated from the alley will be located at least 100 feet from Bloomington and Market Streets or placed underground.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
~. The City of Iowa City hereby vacates the right-of-way legally described as follows:
Beginning at the SE comer of Lot 1 of said Block 27; thence S00°03'12"E, 20.00 feet to the NE corner of Lot
8, said Block 27; thence N89°57'18"W, 319.82 feet (recorded 320 feet) to the NW corner of Lot 5, said Block 27;
thence N00°06'52"W, 20.00 feet to the SW corner of Lot 4, said Block 27; thence S89°57'18"E, 319.84 feet (recorded
320 feet) to the Point of Beginning. Said alley vacation contains 6,397 sq. ft. or 0.15 acres.
~. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
RI=C. TIC)N IIII SEVEP, AI:~II ITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATF. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this __ day of ,20___
MAYOR
A']-I'EST:
CITY CLERK
City ¢,~o ¢n/eC-~/dff',c~'
Ordinance No.
Page.
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 1/7 / 0 3
Vote for passage: AYES: Vanderhoef, ~H]but-n, Champion, Lehman, O'Donne]l, Pfab.
NAYS: Kanner. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ARTICLE K, THE SENSITIVE AREAS
ORDINANCE, REGARDING REQUIREMENTS FOR SENSITIVE AREAS OVERLAY
REZONINGS AND SENSITIVE AREAS SITE PLANS
WHEREAS, the Sensitive Areas Ordinance provides for the regulation of wetlands, critical slopes,
protected slopes, and woodlands (when a property also contains a stream corridor); and
WHEREAS, the Sensitive Areas Ordinance requires a Sensitive Areas Overlay Rezoning whenever
a property containing one of these elements is proposed for development; and
WHEREAS, in some circumstances it is possible to protect these sensitive areas without requiring a
rezoning process; and
WHEREAS, the Planning and Zoning Commission has considered amendments to the Sensitive
Areas Ordinance to allow for administrative staff approval of sensitive areas site plans in lieu of sensitive
areas rezoning development plans under certain circumstances; and
WHEREAS, the Planning and Zoning Commission has recommended approval of these
amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. 14-6K-1 Sensitive Areas Ordinance is hereby amended as follows.
Repeal Section 14-6K-1 C, and replace with the following:
1. Sensitive Features
a. Sensitive features governed by the Sensitive Areas Ordinance include:
1) Jurisdictional wettands as regulated by the U.S. Arrny Corps of Engineers.
2) Floodways designated on either the current Federal Emergency Management
Agency flood boundary and floodway maps for Iowa City and Johnson County or the
Iowa City (1 inch = 100 foot scale) flood boundary and floodway maps.
3) Drainageways shown in blue on the current U.S. Geological Survey Quadrangle
Maps.
4) Slopes 18 percent or greater.
5) Woodland areas two acres in size or greater.
6) Fully hydric soils as designated in the USDA Soil Conservation Service Soil Survey
of Johnson County, Iowa.
7) Prairie remnants as shown on the Iowa City Sensitive Areas Inventory Map - Phase I,
as amended.
8) Archaeological sites as determined by the State Historic Preservation Officer or the
State Archeologist.
b. Prior to woodland clearing, grading or development activity on tracts of land or
portions of tracts of land where sensitive features specified above exist, either a
Sensitive Areas Site Plan or a Sensitive Areas Overlay rezoning application, whichever
is appropriate, shall first be submitted to and approved by the City. This application
process may occur as part of site plan review, planned development overlay zoning
and/or subdivision review. If the property is exempt, the applicant shall first apply for
and obtain approval of the exemption from the City before development activity
occurs.
2. Sensitive Areas Site Plan
a. A property containing one or more of the following sensitive features but which does not
require a Sensitive Areas Development Plan, shall require a Sensitive Areas Site Plan
prior to development activity:
1) Wetlands
2) Fully hydric soils
3) Prairie remnants one acre in area or larger
4) Stream corridors
Ordinance No.
Page 2
5) Archaeological sites
6) Steep slopes (18-24%)
7) Critical Slopes (25-39%)
8) Protected Slopes (40%+)
9) Woodlands two (2) acres in size or greater.
b. Recording requirement. An approved Sensitive Areas Site Plan that contains a
protected sensitive area and/or buffer, or has a designated conservation ease-
ment, shall be recorded in the Johnson County Recorder's Office prior to issu-
ance of any certificate of occupancy for the property. The recording is intended
to provide notice to subsequent property owners that environmental limitations
apply to the subject property.
c. The procedures for review and approval of a Sensitive Areas Site Plan shall be
in accordance with the Site Plan Review regulations, as specified in Sections 14-
5H-3, and 14-5H-6 through 14-5H-8 of Chapter 5, "Building and Housing".
3. Sensitive Areas Overlay (OSA) Zone
a. A Sensitive Areas Overlay (OSA) rezoning is required prior to development activity
which includes any of the following:
1) The disturbance of a wetlands or an associated buffer,
2) The removal of portions of a woodland in excess of the woodland retention
requirements contained in Section 14-6K-l-J-3.
3) The disturbance of more then 35% of Critical slopes (25-39%) contained on a
property, or
4} Disturbance of a protected slope (40%+) buffer as defined in the Definitions
Section herein and as delineated on the maps referenced in subsection 14-6K-C3
of this ordinance and/or verified as existing on the site.
b. A Sensitive Areas Overlay rezoning requires a Sensitive Areas Development Plan that
delineates protected sensitive areas and associated buffers in the manner of a planned
development, which Plan shall be submitted and approved as part of the rezoning.
c. Review and approval of a Sensitive Areas Planned Development shall be by ordinance in
accordance with the Planned Development Housing Overlay Zone (OPDH) procedures,
as specified in subsection 14-6J-2D of this Chapter.
Repeal 14-6K-1E, Subsection 3 and replace with the following:
3, Essential public utilities such as storm and sanitary sewers, water mains, gas, telephone
and power lines, and storm water detention facilities are permitted if they are designed and
constructed to minimize their impact upon the protected sensitive areas and associated
buffers. A maximum of 10% of a wetland or a protected slope and associated buffers may
be disturbed to allow the installation of essential utilities if approved as part of a Sensitive
Areas Site Plan. The disturbance of more than 10% of a wetland or a protected slope and
associated buffers shall require the approval of a Sensitive Areas Overlay Rezoning by the
City Council. The design and construction of utilities should also include measures to
protect against erosion, pollution and habitat disturbance, and result in minimal amounts of
excavation and filling. Upon completion of the installation of the public facility or line, the
sensitive protected areas and associated buffers shall be restored by those persons
responsible for the disturbance.
Repeal 14-6K-1 F, Subsection 1 and replace with the following:
1. Sensitive Areas Site Plan: Submittal information for a Sensitive Areas Site Plan shall
include:
a. Submittal information required for a site plan review as specified in subsections 14-5H-
4A and 14-5H-4B, the submittal requirements listed for Article 14-5H, entitled "Site Plan
Review."
b. Delineation of sensitive areas located on the property, including: 1) Wetlands
2) Fully hydric soils
3) Prairie remnants one acre in area or larger
4) Stream corridors
5) Archaeological sites
9) Steep slopes (18-24%)
10) Critical Slopes (25-39%)
Ordinance No,
Page 3
11) Protected Slopes (40%+)
12) Woodlands
c. Delineation of buffer areas and/or sensitive area conservation easements.
d. Note in an accompanying letter whether archaeological site(s) exist on the property, but
do not designate the exact location on the plan.
e. Other data and information as may reasonably be required by the City, including
requiring the delineation of a construction area on the plan as well as the location of
fencing to protect sensitive features during construction.
Repeal 14-6K-G, Subsection 3, Subsection a. and b., and replace with the following:
3. Wetland Regulations:
a. Wetland Delineation:
1) Prior to any development activity occurring on a site containing a potential wetland
as defined above or as shown on the Sensitive Areas Inventory Map - Phase I, the
property owner shall provide a delineation of the wetland area(s) accepted by the
U.S. Army Corps of Engineers prior to the submittal to the City of a Sensitive Areas
Overlay rezoning application and a Sensitive Areas Development Plan, or a Sensitive
Areas Site Plan, for City review.
2) If the property owner certifies that no development activity will occur within one
hundred fifty feet (150') of the apparent edge of a suspected or potential wetland
area(s) on the site, the requirement for delineation by a wetland specialist or the
Corps may be waived by the City. In the case of a waiver, the property owner shall
grant an easement running in favor of the City, an approved conservation group or
other organization for the purpose of retaining the wetland and the surrounding one
hundred fifty foot (150') protection area as undeveloped natural open space.
b. Wetland Buffer Requirements: A one hundred foot (100'), undisturbed, natural buffer
shall be maintained between any development activity and a "wetland(s)" as defined in
the Sensitive Areas Ordinance, unless said development activity is exempted under
subsection 14-6K-ID, entitled "Exemptions." The required yards established for the
base zoning district shall be measured from the buffer edge, and shall be in addition to
the required yard/setback and shall apply to parking lots as well. [For example, the RS-5
zone requires a 20-foot rear yard setback, which would be measured from the outside
edge of the required 100 foot buffer. As a result, no building or parking lot could be
located within 120 feet of the wetland.] The City may reduce the required natural buffer
based on the following criteria provided that a Sensitive Areas Overlay Rezoning is
approved by the City Council:
Repeal 14~6K-1 I, Subsections 2 and 3, and replace with the following:
2. Regulations:
a. Steep Slopes - Any property containing steep slopes {18-24%) shall be required to
submit a Sensitive Areas Site Plan, unless said property qualifies for an exemption
under subsection 14-6K-ID, entitled "Exemptions." The Sensitive Areas Site Plan must
conform with the design standards for regulated slopes specified in subsection 14-6K-
114.
b. Critical Slopes - Any property containing critical slopes (25-39%) shall be required to
submit a Sensitive Areas Slta Plan and a Grading Plan, unless said property qualifies for
an exemption under subsection 14-6K-ID, entitled "Exemptions." The Sensitive Areas
Site Plan must conform with the design standards for regulated slopes specified in
subsection 14-6K-114, and the Grading Plan must conform with the requirements of the
Grading OrdinanCe. If the Sensitive Areas Site Plan indicates that more than 35% of the
critical slopes on a property are to be disturbed a Sensitive Areas Overlay Rezoning
application will be required.
c. Protected Slopes - Any area designated as a natural protected slope (40%+) shall not be
graded and must remain in its existing state, except that natural vegetation may be
supplemented by other plant material. Any such property shall be required to submit a
Sensitive Areas Site Plan and a Grading Plan, unless said property qualifies for an
exemption under subsection 14-6K-ID, entitled "Exemptions." Development activities
may be allowed within areas containing altered protected slopes provided that a
Sensitive Areas Overlay Rezoning is approved by the City Council and if a geologist or
professional engineer can demonstrate to the satisfaction of the City that a development
Ordinance No.
Page 4
activity will not undermine the stability of the slope and the City determines that the
development activities are consistent with the intent of the Sensitive Areas Ordinance.
3. Buffer requirements: A buffer will be required around all protected slopes. Two feet of buffer
will be provided for each foot of vertical rise of the protected slope, up to a maximum buffer of
50 feet. The buffer area is to be measured from the top, toe and sides of the protected slope. No
development activity, including removal of trees and other vegetation, shall be allowed within
the buffer. If a geologist or professional engineer can demonstrate to the satisfaction of the City
that a development activity can be designed to eliminate hazards, the buffer requirements may
be reduced provided that a Sensitive Areas Overlay Rezoning is approved by the City Council.
Repeal 14-6K-1J, Subsections 2 and 3 and replace with the following:
2. Woodland/Grove Regulations:
a. Any property containing a woodland, but not otherwise required to have a Sensitive Areas
OveHay rezoning/Sensitive Areas Development Plan, will be required to submit a Sensitive
Areas Site Plan prior to woodland clearing or commencing any development activity, unless
said property qualifies for an exemption under subsection 14-6K-ID, entitled "Exemptions."
b. Site plans, grading plans and subdivision plats for any property containing a grove of trees
shall illustrate the grove on the plan or plat prior to commencement of any development
activity, and will take measures to protect and retain as much of the grove as practicable,
unless said property qualifies for an exemption under subsection 14-6K-ID, entitled
"Exemptions."
c. If due to site constraints or infrastructure requirements a Sensitive Areas Site Plan for a
property cannot adhere to the minimum woodland retention requirements contained in
section 14-6K-l-J-3. The City may approve the planting of replacement trees subject to the
requirements of section 14-6K-l-J-3 provided that a Sensitive Areas Overlay Rezoning is
approved by the City Council
3. Woodland Retention and Replacement Requirements
a. Sensitive Areas Development Plans and Sensitive Areas Site Plans required to be
submitted under this Section shall delineate all existing woodlands and shall designate all
woodlands that are to be protected. The plans shall substantiate that woodlands are being
retained as follows unless a Sensitive Areas overlay Razoning allowing planting of
replacement trees is approved by the City Council:
Zone Retention Requirement
ID, RR-1 70%
RS-5, RS-8, RS-12, 50%
RM-12, RM-20, RM-44, RNC-12, RNC-20 20%
RDP, ORP 20%
C and I 10%
b. The required woodland area to be retained shall be delineated to include a buffer area by
measuring fifty (50) feet outward from the trunks of trees intended to be preserved.
c. If the City determines that the required woodland area cannot be retained due to site
constraints or infrastructure requirements, replacement trees will be planted. One tree shall
be planted for every 200 square feet of woodland removed from the otherwise required
retention area.
d. Where it is not feasible to replace trees on-site, replacement trees may be planted to
supplement reforestation of an off-site woodland approved by the City. An off-site woodland
shall be either publicly owned property or property subject to a conservation easement.
e. Replacement trees must be approved by the City, and to the extent possible, should be of
the same or equivalent species as the trees being removed.
f. Replacement trees shall meet the specifications set forth in Section 14-6R-5, entitled
"General Tree Planting Requirements," and shall be secured by a performance guarantee for
a period of 12 months.
g. Woodland and tree protection methods for proposed development activity shall be shown
on any plan or plat required to be submitted prior to commencement of development
activity. Protection methods should comply with generally accepted tree protection
guidelines and be approved by the City.
h. When other environmentally sensitive features regulated by the Sensitive Areas Ordinance
are present in combination with a woodland, the regulations related to all the sensitive areas
contained on the property will be considered, with the most stringent regulations applying.
Ordinance No.
Page 5
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance am hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this __ day of ,20.__
MAYOR
ATTEST:
CITY CLERK
Approv.~d b.y ~
Cit~,~ttorn~y's O~ca
ppdadrn/ord/14~K-1 amend.doc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as mad be adopted, and upon mil call them were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 12 / 10 / 02
Voteforpassage: AYES: Vanderhoef, W~]bur'n, Champ'ion, Lehman, O'Donne]].
NAYS: Pfab, Kanne~'. ABSENT: None.
Second Consideration 1/7/03
Vote for passage: AYES : t~'i'lbut-n, Champion, Lehman, O'Donne'l], Pfab, Vanderhoef.
NAYS: Kanne~'. ABSENT: None.
Date published
Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ02-00018)
ORDINANCE NO. 03-4056
AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM MEDIUM DENSITY MULTIFAMILY
(RM-20) TO SENSITIVE AREAS OVERLAY AND PLANNED HOUSING DEVELOPMENT OVERLAY
(RM-201OSA/OPDH) FOR A 10.15-ACRE PROPERTY LOCATED NORTHWEST OF HIGHWAY 1 AND
RUPPERT ROAD.
WHEREAS, the owners of the above referenced property, Charles W. Ruppert etal., have requested that the
property be rezoned from Medium Density Multifamily Residential, RM-20, to Sensitive Areas Overlay and Planned
Development Housing Overlay, RM-20/OSNOPDH; and
WHEREAS, said property contains steep and critical slopes, and is subject to the Sensitive Areas Ordinance; and
WHEREAS, the Sensitive Areas Ordinance requires a Sensitive Areas Oveday zone and Sensitive Areas
Development Plan be approved prior to development activity occurring on properties with critical slopes; and
WHEREAS, the said property is subject to a conditional zoning agreement that requires 75% of the parking be
located below the buildings, limits the vehicular access to the site, requires the private drive to be constructed to
collector street standards, trail easements and pedestrian connections, which constrain the development activity on
the property; and
WHEREAS, given the constraints imposed by the Conditional Zoning Agreement, the proposed development of a
198-unit multifamily building with underground parking and clubhouse has been designed to minimize disturbance to
the steep and critical slopes as is required under the Sensitive Areas Ordinance; and
WHEREAS, the Sensitive Areas Development Plan includes a variation from the 35-foot maximum building
height standard to allow for a building height of to 58.5 feet; and
WHEREAS, the waiver of the 35-foot maximum building height standard to allow for a building height of 58.5 feet
encourages more compact development and allows the transfer of dwelling unit density from environmentally
sensitive areas of the property to nonenvironmentally sensitive areas of the property and results in sufficient light and
air circulation; and
WHEREAS, the Sensitive Areas Development Plan is in technical compliance with the Sensitive Areas
Ordinance; and
WHEREAS, the Conditional Zoning Agreement requires submittal of an Oveday Planned Development Housing
(OPDH) plan for said property; and
WHEREAS, the OPDH plan is in compliance with the Iowa City Zoning Ordinance; and
WHEREAS, the proposed development is in compliance with the Southwest District Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from its current designation of
Medium Density Multifamily Residential, RM-20, to Sensitive Areas Oveday and Planned Development Housing
Overlay, RM-20/OSA/OPDH, and the associated Sensitive Areas Development Plan and OPDH plan is hereby
approved:
PROPOSED LOT 1 OF RUPPERT HILLS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 24 OF WEEBER'S THIRD ADDITION TO IOWA CITY, IOWA, AS
RECORDED IN PLAT BOOK 9, PAGE 14, PLAT RECORDS OF JOHNSON COUNTY, IOWA; THENCE S89°44'56"E,
ALONG THE SOUTHERLY LINE OF SAID ADDITION, 553.65 FEET TO THE SOUTHEAST CORNER OF SAID
ADDITION; THENCE S89°59'59"E, ALONG THE SOUTHERLY LINE OF BENTON MANOR, 421.42 FEET TO THE
SOUTHEAST CORNER OF SAID BENTON MANOR; THENCE S89°52'33"E, 337.07 FEET TO A POINT ON THE EAST
LINE OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, JOHNSON COUNTY, iOWA; THENCE S00°30'48'W, 167.02 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY LINE OF IOWA HIGHWAY NO. 1; THENCE S82°54'22"W, ALONG SAID NORTHERLY
RIGHT-OF-WAY LINE, 333.25 FEET TO A POINT WHICH IS 150.00 FEET RADIALLY DISTANT NORTHWESTERLY
000497
Ordinance No. 03-4056
Page 2
OF CENTERLINE STATION 152+75; THENCE S71°35'52"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE,
704.00 FEET TO A POINT WHICH iS 190.00 FEET RADIALLY DISTANT NORTHWESTERLY OF CENTERLINE
STATION 146+10; THENCE S57°55'37"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 369.85 FEET; THENCE
NO0°06'07"E, 468.18 FEET; THENCE N00°13'05"E, 161.77 FEET TO SAID POINT OF BEGINNING, CONTAINING
10.15 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. VARIATIONS. Section 14-6K-1-N-3-g of the City Code provides that maximum building height may
be waived to encourage more compact development and allow the transfer of dwelling unit density from
environmentally sensitive areas of the property to nonenvironmentally sensitive areas of the property if the
development results in sufficient light and air circulation for the buildings. The 35-foot maximum building height
standard is waived to allow for a building height of 58.5 feet.
SECTION II1. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of
the City of Iowa City, Iowa to conform to this amendment upon the final passage, approval and publication of this
ordinance as provided by law.
SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a
copy of this ordinance and the Sensitive Areas Development Plan and OPDH plan for this property, and record the
same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. mi ordinances and pads of ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
~ and approved thi~,7th.~ of January ,2003
CITY ~LERK
SEAL
Cit~' At'denny's Office address
00049S
Ordinance No. 03-4056
Page. 3
It was moved by O'Donnell and seconded by Pfab that the Ordinance
as read be adopted, and upon mil call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 12/10/02
Vote for passage: AYES: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion,
Kanner. NAYS: None. ABSENT: None.
~cond Consideration 1/6/03
Voteforpassage: AYES: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef,
Wilburn. NAYS: None. ABSENT: Non~.
Date published 1)'15103
000499
City of Iowa City
MEMORANDUM
Date: January 2, 2003
To: City Council
From: Eleanor M. Dilkes, City Attorney
Re: Ordinance Amending Limitations on Alcohol Sales Provisions of City Code (4-5-7)
The proposed ordinance on your agenda for January 7, 2003 makes two changes to the
limitations on sales provisions of the City Code enacted in August 2001, as follows:
1. The out-of-sight sales provision (4-5-7(A((4)), which is intended to address underage
drinking, is amended to replace the term "servings" with "containers". Staff
recommends this change due to the ambiguities in the term "serving" and the
ordinance is presented in accordance with Council's earlier direction. The second
sentence of Section 4-5-7(A)(4) regarding alcohol customarily sold in quantity such as
pitchers has been eliminated. This provision was initially included to allow pitchers and
bottles of wine to be served even though they contain more than two "servings". With
the change from "serving" to "container" this sentence is no longer necessary. A
pitcher will now be treated like any other "container" of alcohol.
2. The exception for "private events" is deleted. The ordinance prohibits selling or
serving an unlimited number of servings for free or a fixed price (all you can drink
specials), and is intended to address over-consumption. The "private events"
exception was originally intended to allow guests of a private party, such as a wedding
reception, to receive an unlimited amount of alcohol for free. However, it has been
used by establishments to offer fixed price "packages" which include unlimited alcohol
to the general public. I attach a copy of The Summit's ads for its New Year's Eve party
as an example. This was not what was intended by the exception for "private events",
and therefore, I suggest that the exception be eliminated. A private party where the
host pays for the alcohol so that the guests can drink free will still be allowable.
Attachment
cc: Steve Atkins, City Manager
Dale Helling, Assistant City Manager
Marian Karr, City Clerk
R. J. Winkelhake, Chief of Police
Matt Johnson, Police Captain
Tom Widmer, Police Captain
Troy Kelsay, Police Sergeant
Andy Matthews, Assistant City Attorney
eleanor/mern/alcohol limitations doc
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5,
"PROHIBITIONS AND RESTRICTIONS," TO AMEND THE PROHIBITION ON SERVING TVVO (2)
SERVINGS OF ANY ALCOHOLIC LIQUOR, WINE, OR BEER AT ANY ONE TIME TO ANY ONE
PERSON TO SERVING TVVO (2) "CONTAINERS" OF ANY ALCOHOLIC LIQUOR, WINE, OR BEER AT
ANY ONE TIME TO ANY ONE PERSON AND TO DELETE THE EXCEPTION FOR "PRIVATE
EVENTS".
WHEREAS, Section 4-5-7(A)(4) of the City Code contains a prohibition on dispensing or serving for on-
premises consumption, more than two (2) servings of any alcoholic liquor, wine, or beer at any one time to
any one person; and
· WHEREAS, the purpose of such provision is to help reduce the incidence of underage consumption of
alcohol; and
WHEREAS, prosecutions pursuant to said provisions have revealed an ambiguity in the term "servings";
and
WHEREAS, it is appropriate to amend said provision to replace the term "servings" with the term
"containers"; and
WHEREAS, said amendment is consistent with the purpose of said ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Section 4-5-7 of the City Code is repealed and the following is substituted in
lieu thereof:
A. Unlawful: It shall be unlawful for a holder of a liquor control license, or wine permit or beer permit,
or its employees or agents, to do any of the following:
1. Sell, offer to sell, dispense or serve for on-premises consumption, two (2) or more servings of any
alcoholic liquor, wine, or beer to any one person for the price of one such drink.
2. Sell, offer to sell, dispense or serve for on-premises consumption an unlimited number of servings
of alcoholic liquor, wine, or beer for a fixed price or an unlimited number of servings for free.
3. Increase the volume of alcoholic liquor contained in a drink, for on-premises consumption, without
proportionally increasing the price charged for such drink.
4. Dispense or serve for on-premises consumption, more than two (2) sc,";!n~scontainers of any
alcoholic liquor, wine, or beer at any one time to any one person. W!th.~t.~v.{' +/...v ~1¢"~h^~;'" .....
.................. · qu~_nt: , .-,,.-k oo ,~;*..k .... ~ k~.~., and ke~l~'~ of w!ne, thc ....
~..,.~ ........... + .h..,, ,..., dispense "" serYe .... ~. ol¢~hnl;~, li~,,,~r ...... or b .......................
For purposes of this subsection a "container" is a receptacle, such as a glass or a cup, that holds
a substance or substances.
5. Encourage or permit any game or contest or tournament of any kind which involves drinking any
alcoholic liquor, wine, or beer or the awarding of alcoholic liquor, wine, or beer as a prize.
6. Dispense, pour or otherwise serve any alcoholic liquor, wine, or beer directly into a person's mouth.
B. Exceptions: Nothing in subsection A shall be construed to prohibit a holder of a liquor control
license, or wine, or beer permit, or its employees or agents, from:
1. Including servings or drinks of alcoholic liquor, wine, or beer as part of a hotel or motel package
which includes overnight accommodations.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect affer its final passage, approval and
publication, as provided by law.
Passed and approved this __ day of ,20
Ordinance No.
Page 2
MAYOR
ATTEST:
CITY CLERK
Approved by ~
City Attorney's Office
Ordinance No.
Page __
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 1/7/03
Voteforpassage: AYES: Lehman, 0'Donne]I, Pfab, Vanderhoef, l~ilbu~'n, Champion,
Kanne~'. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published