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HomeMy WebLinkAbout2009-05-05 Ordinance- 5- 5a Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ09-00001) AN ORDINANCE REZONING APPROXIMATELY 23.25 ACRES OF PROPERTY LOCATED ALONG THE 400 - 500 BLOCKS OF N. VAN BUREN STREET, THE 300 - 500 BLOCKS OF N. GILBERT STREET, THE 300 - 700 BLOCKS OF N. LINN STREET, THE 200 - 300 BLOCKS OF RONALDS STREET, THE 200 - 300 BLOCKS OF CHURCH STREET, THE 200 - 500 BLOCKS OF FAIRCHILD STREET, AND 200 - 400 BLOCKS OF DAVENPORT STREET FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS-12) ZONE TO HISTORIC DISTRICT OVERLAY/ NEIGHBORHOOD STABILIZATION RESIDENTIAL (OHD/RNS-12) ZONE AND FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) ZONE TO HISTORIC DISTRICT OVERLAY/MEDIUM DENSITY SINGLE FAMILY (OHD/RS-8) ZONE. (REZ09-00001) WHEREAS, the historic resources of the Northside Neighborhood have been surveyed and evaluated, and the proposed Northside Historic District has been deemed eligible for local historic district designation; and WHEREAS, a portion of the proposed Northside Historic District has been listed on the National Register of Historic Places; and WHEREAS, the Iowa City Historic Preservation Plan, contained in the Iowa City Comprehensive Plan, recommends the designation of conservation and historic districts within the Northside Neighborhood; and WHEREAS, the Iowa City Comprehensive Plan recommends preservation of the integrity of historic neighborhoods, the stabilization of neighborhoods, and supports efforts of the Historic Preservation Commission; and WHEREAS, the Central District Plan encourages the designation of local Historic District status for the Gilbert-Linn Street National Register District, which is located within the proposed Northside Historic District; and WHEREAS, the Iowa City Municipal Code authorizes the Historic Preservation Commission to recommend and the City Council to designate historic districts, where deemed appropriate, as a means of preserving the neighborhood character of traditional Iowa City neighborhoods, or for preserving areas that exemplify unique or distinctive development patterns; and WHEREAS, the Historic Preservation Commission believes that the designation of the Northside Historic District will help stabilize one of Iowa City's oldest neighborhoods by providing for design review of exterior changes, building demolition, and new construction, which will assure compatibility with the existing character of the district, and will preserve the neighborhood for future residents of Iowa City; and WHEREAS, at its March 12, 2009 public hearing, the Historic Preservation Commission recommended approval of said rezoning to designate the Northside Historic District; and WHEREAS, the Planning and Zoning Commission believes that designating the Northside Historic District is in accordance with the Comprehensive Plan, the Zoning Code, and any potential Urban Renewal projects and will provide a stabilizing effect on the neighborhood; and WHEREAS, at its April 2, 2009 meeting, the Planning and Zoning Commission recommended approval of said rezoning to designate the Northside Historic District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The Northside Historic District, legally described below and illustrated on Exhibit A attached hereto and incorporated herein by this reference, is hereby designated as a Historic District Overlay (OHD) Zone and subject to the guidelines of the Iowa City Historic Preservation Handbook including Section 8.4, Northside Neighborhood District Guidelines. The following real estate is hereby rezoned: From RNS-12 to OHD/RNS-12 An area containing all of Blocks 55 and 56 of Original Town, Iowa City, Iowa. Also including, in said Original Town: All of lot 5, Block 35; All of lot 2 plus the west 20' of lot 1, Block 36; All of lot 4 plus the west 15' of the south 40' of Lot 3, Block 48; All of lots 1, 2, 3, 4, and 5, Block 49; All of lots 4, 5, 6, 7, and 8, Block 50; All of lots 5, 6, and 7, Block 54; All of lots 1, 2, 3, and 4, Block 57; All of lots 1 and 2 plus the east half of lot 3, Block 69; All of lots 1, 7 and 8 plus the east 50' of lot 2 and east half of lot 6, Block 70; All of lots 1, 6, 7, and 8 plus the east 17.25' of north 75' and the east 40' of the south 75' of lot 2, Block 71; and All of lot 8, Block 72. From RS-8 to OHD/RS-8 An area containing all of All of lot 5, Block 53; All of lot 4, plus the west 30' of lot 3, Block 54; All of lot 1, Block 72; and All of lot 8, Block 73 of Original Town, Iowa City, Iowa 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 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 , 2009. MAYOR ATTEST: CITY CLERK Approved by ,~ ~~~~~- City Attorney's Office ~ ~~ p ~ 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: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 5/5/2009 Vote for passage: AYES: .Bailey, Champion, Correia, Hayek, Wilburn, Wright. NAYS: O'Donnell. ABSENT: None. Second Consideration _ Vote for passage: Date published Page 1 of 1 ~CL Marian Karr From: lolly eggers [lollyegg@msn.corn] Sent: Monday, May 04, 2009 3:39 PM To: Council Subject: Near Northside Historic District I am writing to urge you to adopt legislation to establish the Near Northside Historic District. Neighborhoods make a city distinctive and there are so many homes, many very small and some large that are distinctive in their architecture or date back to the earliest days of our community. The District designation helps protects these buildings as well as helps owners of the older buildings to preserve and protect their uniqueness. Also the area contains Horace Mann, a neighborhood school that helps strengthen and define the neighborhood. We have made historic districts in other parts of Iowa City, why not the near northside? Thank you for your consideration of my concerns, Lolly Eggers 5/4/2009 5- 5- 5b Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING, ESTABLISHING DEFINITIONS AND A USE CLASSIFICATION PROCEDURE FOR DRINKING ESTABLISHMENTS AND ALCOHOL SALES-ORIENTED- RETAIL USES AND ESTABLISHING MINIMUM SPACING REQUIREMENTS FOR DRINKING ESTABLISHMENTS THROUGHOUT THE CITY AND FOR ALCOHOL-SALES ORIENTED RETAIL USES IN THE CENTRAL BUSINESS SERVICE (CB- 2), CENTRAL BUSINESS SUPPORT (CB-5), AND CENTRAL BUSINESS (CB-10) ZONES. WHEREAS, studies show that the increase in the concentration of alcohol-related uses is correlated to the overconsumption of alcohol and prevalence of underage drinking; and WHEREAS, studies also show that an increase in the concentration of alcohol-related uses contributes to an increase in violence and crime; and WHEREAS, due to the negative externalities associated with a concentration of drinking establishments such as bars and pubs, it is in the public interest to prevent further concentration of these types of uses throughout the community; and WHEREAS, the Central Business District is intended to be the high density, pedestrian- oriented shopping, office, service and entertainment area in Iowa City and provide opportunities for a wide range of retail service, office and residential uses; and WHEREAS, in addition to the increased density of drinking establishments in the Central Business District, the increased density of alcohol-related retail uses, such as liquor stores, has reduced the diversity of businesses in this downtown district; and WHEREAS, due to the negative externalities associated with a concentration of alcohol- related retail establishments in the central business zones that sell alcoholic beverages for off- site consumption, it is in the public interest to prevent further concentration of these types of uses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amending Table 2A-1, Principal Uses Allowed in Single Family Residential Zones, by adding the following note to Religious/Private Group Assembly Uses: Any establishment that is licensed by the State to sell alcohol or alcoholic beverages is subject to the Use Classification process as set forth in 14-4A-2G. B. Amending Table 26-1, Principal Uses Allowed in Multi-Family Residential Zones, by adding Alcohol Sales-Oriented as a subgroup to the Retail Use category and adding the following note to Religious/Private Group Assembly Uses: Any establishment that is licensed by the State to sell alcohol or alcoholic beverages is subject to the Use Classification process as set forth in 14-4A-2G. C. Amending Table 2C-1, Principal Uses Allowed in Commercial Zones, by: ^ Splitting the Eating and Drinking Establishments use category into two subgroups, Eating Establishments and Drinking Establishments; and ^ Indicating that Eating Establishments are a permitted use in the CH-1, CC-2, CB-2, CB-5, and CB-10 Zones, and provisional/special exception uses in the CN-1 Zone, and Special Exceptions in the CO-1 and MU Zones; and Ordinance No. Page 2 ^ Indicating that Drinking Establishments are provisional uses in the CH-1, CC-2, CB-2, CB-5, and CB-10 Zones and provisional/special exception uses in the CN-1 Zone; and ^ Adding a new subgroup, Alcohol Sales-Oriented Retail, to the Retail use category and indicating that Alcohol Sales-Oriented Retail uses are provisional uses in the CN-1, CH-1, CI-1, CB-2, CB-5, CB-10, and MU Zones and a permitted use in the CC-2 Zone; and ^ Adding the following note to Commercial Recreational Uses, Eating and Drinking Establishments, Quick Vehicle Servicing Uses, Retail Uses, and Religious/Private Group Assembly Uses: Any establishment that is licensed by the State to sell alcohol or alcoholic beverages is subject to the Use Classification process as set forth in 14- 4A-2G. D. Amending Table 2D-1, Principal Uses Allowed in Industrial and Research Zones, by adding Alcohol Sales-Oriented as a Subgroup to the Retail Use Category and by adding the following note to Commercial Recreational Uses: Any establishment that is licensed by the State to sell alcohol or alcoholic beverages is subject to the Use Classification process as set forth in 14-4A-2G. E. Amending Section 14-4A-2, Classifying Uses, by adding a new subsection G as follows: G. Use classification for establishments that sell alcohol 1. Applicability: Any use for which an application has been filed for a liquor control license or wine or beer permit is subject to the following use classification process. 2. Definitions: The following definitions shall apply to terms used in this subsection. a. Alcohol Sales -the sale of alcohol and alcoholic beverages, including but not limited to alcohol, beer or wine in closed containers intended for off-site consumption; and alcoholic beverages, including cocktails, shots, wine, beer, and any part of an alcoholic beverage intended for on-site consumption, as defined in Chapter 123 of the State Code. b. Licensee -Any person or entity that holds a liquor control license, wine or beer permit issued by the State of Iowa. c. License -Any liquor control license, wine or beer permit issued by the State of Iowa that allows sales of alcohol or alcoholic beverages. 3. Classification Process a. Prior to issuance of a License for a new use or renewal of a License for a use that was established prior to (the effective date of this ordinance), but which has not yet been classified according to these provisions, the Licensee must submit to the Department of Housing and Inspection Services a verified statement that details the nature of the principal use for which the License will be issued, the type of license(s) applied for, and the hours that the establishment will be open for business. The City may request any other information deemed necessary to verify and classify the use, including but not limited to business records upon which the statement is based, state and federal tax records, applications for dram shop insurance and audits performed to determine dram shop insurance premiums, and receipts from vendors for goods purchased. b. Based on the information provided by the applicant, the type of License being applied for, and the classification system set forth in this Article, the City will advise the applicant regarding the classification of the proposed use for zoning purposes, and, if applicable, whether the alcohol sales will be Ordinance No. Page 3 considered a principal or accessory use of the property. c. If through this use classification process, a use that was legally established prior to (the effective date of this ordinance) is determined to be nonconforming with regard to the separation requirements for Drinking Establishments or Alcohol Sales-Oriented Retail Uses, the property file will be tagged by the Building Official or designee as a nonconforming Drinking Establishment or nonconforming Alcohol Sales-Oriented Retail Use, as applicable. Such a nonconforming use may continue provided it is in compliance with the applicable provisions of 14-4E, Nonconforming Situations. 4. Accessory Alcohol Sales Certification Any use that is classified as an Alcohol Sales-Oriented Retail Use is considered a principal use and subject to the regulations pertaining thereto, unless it is determined that alcohol sales are an accessory use to another principal use of the property through the following certification process. Any Licensee applying for an Accessory Alcohol Sales Certificate must submit verified statements and business records as set forth in the following subparagraphs. a. For existing uses, if according to a verified statement issued by a certified public accountant, alcohol sales expressed as a percentage of gross yearly income is less than 25 percent (25%), an Accessory Alcohol Sales Certificate will be issued for one year, after which time it must be renewed annually at the time the License is renewed. Said statement shall be based on records made in the regular course of the Licensee's business. The Licensee shall allow, upon request, the Building Official, City Clerk or designee to examine the business records upon which the statement is based, including state and federal tax records, applications for dram shop insurance and audits performed to determine dram shop insurance premiums, and receipts from vendors for goods purchased. b. For new uses, if the Licensee estimates, based on their submitted business plan, that alcohol sales expressed as a percentage of gross yearly income will be less than 25 percent (25%), an Accessory Alcohol Sales Certificate will be issued for one year. The certificate must be renewed annually thereafter at the time the License is renewed based on actual sales according to a verified statement from a certified public accountant as described in subparagraph 4a., above. c. If, at the time of renewal of the certificate, alcohol sales constitute 25 percent (25%) or more of gross yearly income and the use is not in compliance with zoning requirements for Alcohol Sales-Oriented Uses, a notice of violation will be issued. If the use is in violation of the zoning requirements for Alcohol Sales-Oriented Uses, the Licensee must reduce alcohol sales to below 25% of gross yearly income or otherwise bring the use into compliance with the applicable regulations. F. By amending subsection 14-4A-4E, Eating and Drinking Establishments by deleting paragraphs 1 and 2 and substituting in lieu thereof the paragraphs 1 and 2 below, and adding the exception stated below to paragraph 4 as follows: 1. Characteristics Establishments where the principal activity is the preparation, dispensing and consumption of food and/or beverages. Depending on the type of establishment, food Ordinance No. Page 4 and/or beverages may be consumed on or off of the premises. These uses may vary with regard to traffic generation, congestion, and the potential for off-site impacts. Therefore, the size, location, and accessory uses permitted may be regulated differently based on the underlying zoning. 2. Examples: Examples include uses from the two subgroups listed below: a. Eating Establishments: Restaurants; cafes; cafeterias; coffee shops; delicatessens, tearooms; dining rooms; supper clubs; fast food restaurants; ice cream parlors. b. Drinking Establishments: Any use that meets all of the defining characteristics listed in sub-subparagraphs (1), (2), and (3), below, is considered a Drinking Establishment for purposes of this Title, unless listed as an exception in paragraph 4, below. (1) The principal activity of the establishment is the preparation, dispensing and consumption of food and/or beverages; and (2) The establishment is licensed by the State for the sale of alcoholic beverages for on-site consumption, as defined by Iowa Code Chapter 123; and (3) The establishment is open for business on a regular basis any time between the hours of 12:00 AM and 2:00 AM. 4. Exceptions b. Restaurants and/or bars that are associated with aHospitality-Oriented Retail Use and that have been issued a Class B liquor control license are considered accessory to the subject Hospitality-Oriented Retail Use and are not considered Eating or Drinking Establishments orAlcohol-Oriented Retail Uses. G. Amending 14-4A-4H, Retail Uses, by adding the following example to paragraph 2; by deleting paragraph 3 in its entirety and substituting in lieu thereof the paragraph 3 below; deleting paragraph 4e in its entirety and substituting in lieu thereof the paragraph 4e below, and adding paragraphs 4f and 4g and renumbering the subsequent paragraphs accordingly as follows: 2. Examples: Examples include uses from the subgroups listed below: f. Alcohol Sales-Oriented: liquor stores; wine shops; grocery stores; convenience stores; and other retail establishments for which a Class E liquor control license or wine or beer permit has been issued that allows sale of alcohol or alcoholic beverages in closed containers for off-premise consumption. 3. Accessory Uses Offices; storage of goods; assembly, repackaging, or processing of goods for on-site sale; off-street parking, services incidental to the sale of goods; wholesale sales. Drive-through facilities are accessory uses that are subject to additional regulations outlined in Article 14-4C, Accessory Uses and Buildings. Crematoriums, for either human or pet remains, may be an accessory use to a funeral home or mortuary. 4. Exceptions e. Restaurants and/or bars that are associated with aHospitality-Oriented Retail Use and that have been issued a Class B liquor control license are considered accessory to the subject Hospitality-Oriented Retail Use and are not considered Drinking Establishments orAlcohol-Oriented Retail Uses. f. Drinking Establishments are not considered Alcohol Sales-Oriented Uses, even if they have a liquor control license or wine or beer permit that allows sale of alcohol, Ordinance No. Page 5 wine, or beer in closed containers for off-premise consumption. g. A use is not considered an Alcohol Sales-Oriented Use if an Accessory Alcohol Sales Certificate has been granted according to the process set forth in 14-4A-2G, Use classification for establishments that sell alcohol. H. Deleting subparagraph 14-4A-4F(4)(b), and substituting in lieu thereof the following: b. A convenience store located on the same lot as a Quick Vehicle Servicing use is regulated as a separate principal use, Sales-Oriented Retail or Alcohol Sales-Oriented Retail, whichever is applicable. I. Amending paragraph 14-46-46(9) to add the following subsections: d. Drinking Establishments are not allowed in the MU and CO-1 Zones. e. In the CN-1 Zone, a Drinking Establishment, as defined in this Title, must be separated by a minimum distance of 500 feet from any other Drinking Establishment. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building space) of any other Drinking Establishment. For example, in the case of a Drinking Establishment that is located on a lot with multiple leased spaces, such as a shopping mall, the distance is measured from the nearest point of the leased building space occupied by a Drinking Establishment to the nearest property line or leased building space of any other Drinking Establishment. J. Amending paragraph 14-46-46 by adding a new paragraph 10 as follows, and renumbering the remaining paragraphs accordingly: 10. Drinking Establishments in the CH-1, CC-2, CB-2, CB-5, CB-10 Zones A Drinking Establishment, as defined in this Title, must be separated by a minimum distance of 500 feet from any other Drinking Establishment. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building space) of any other Drinking Establishment. For example, in the case of a Drinking Establishment that is located on a lot with multiple leased building spaces, such as a shopping mall, the distance is measured from the nearest point of the leased building space occupied by a Drinking Establishment to the nearest property line or leased building space of any other Drinking Establishment. K. Deleting the titles for paragraphs 14-4B-46(13) and 14-4B-4B(14), and substituting in lieu thereof: 13. Sales-Oriented, Personal Service-Oriented, and Alcohol Sales-Oriented Retail Uses in the CN-1 Zone 14. Sales-Oriented, Personal Service-Oriented, and Alcohol Sales-Oriented Retail Uses in the MU Zone L. Deleting paragraph 14-46-46(15) and substituting in lieu thereof: 15. Sales-Oriented, and Alcohol Sales-Oriented Retail in the CH-1 Zone Sales-Oriented and Alcohol Sales-Oriented Retail Uses are limited to convenience stores associated with Quick Vehicle Servicing Uses. M. Deleting paragraph 14-4B-4B(17) and substituting in lieu thereof: 17. Hospitality-Oriented Retail in the RM-44, PRM, MU, CO-1, and CN-1 Zones a. Hospitality-Oriented Retail is limited to guesthouses as defined in Article 14-9A of this Title, General Definitions. b. Any accessory dining and/or bar service is limited to guests only and may not be Ordinance No. Page 6 open to the general public. N. Amending 14-4B-4B by adding two new paragraphs, as follows, and renumbering the remaining paragraph accordingly: 21. Alcohol Sales-Oriented Retail in the CI-1 Zone Alcohol Sales-Oriented Retail is limited to convenience stores associated with Quick Vehicle Servicing Uses. 22. Alcohol Sales-Oriented Retail Uses in the CB-2, CB-5, and CB-10 Zones An Alcohol Sales-Oriented Retail Use must be separated by a minimum distance of 1000 feet from any other Alcohol Sales-Oriented Retail Use. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building space) of any other Alcohol Sales-Oriented Retail Use. For example, in the case of an Alcohol Sales-Oriented Retail Use that is located on a lot with multiple leased spaces, such as a shopping mall, the distance is measured from the nearest point of the leased building space occupied by an Alcohol Sales- Oriented Retail Use to the nearest property line or leased building space of any other Alcohol Sales-Oriented Retail Use. O. In Section 14-4E-5, adding a new subsection G, as follows: G. Nonconforming Drinking Establishments and Alcohol Sales-Oriented Retail Uses In addition to the other provisions in this Section, the following provisions apply to nonconforming Drinking Establishments and nonconforming Alcohol Sales-Oriented Retail Uses. 1. Any Drinking Establishment, as defined in this Title, that was legally established prior to (effective date of this ordinance) and that is nonconforming with regard to the separation requirement between said uses, as specified in this Title, may continue unless one or both of the following situations occur. If one or both of these conditions occur, then nonconforming rights cease and the use must convert to a conforming use: a. The liquor license lapses, is revoked or is discontinued for a period of one year; or b. There are changes to the use such that the use no longer meets the definition of Drinking Establishment. 2. Any Alcohol Sales-Oriented Retail Use, as defined in this Title, that was legally established prior to the (effective date of this ordinance) that is nonconforming with regard to the separation requirement between said uses, as specified in this Title, may continue unless one or both of the following situations occur. If one or both of these conditions occur, then nonconforming rights cease and the use must convert to a conforming use. a. The liquor license lapses, is revoked or is discontinued for a period of one year; or b. There are changes to the use such that the use no longer meets the definition of Alcohol Sales-Oriented Retail Use. 3. For purposes of this subsection, sidewalk cafes shall not be considered an expansion of a nonconforming use. P. In Article 14-9A, General Definitions, adding the following definitions: Ordinance No. Page 7 Alcohol Sales-Oriented Retail Use: See "Retail Uses" as defined in Article 14-4A, Land Use Classification. Drinking Establishment: See "Eating and Drinking Establishments" as defined in Article 14-4A, Land Use Classification. Q. In Article 14-gA, General Definitions, delete the definitions for "Eating and Drinking Establishment" and "Restaurant," and substitute, respectively, in lieu thereof: Eating Establishment: See "Eating and Drinking Establishments" as defined in Article 14-4A, Land Use Classification. Restaurant: An Eating Establishment as defined in Article 14-4A, Land Use Classification. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office L~ ~ 7~~~j 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: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 5/5/2009 Vote for passage.: AYES: Champion, Correia, Wilburn, Wright, Bailey. NAYS: O'Donnel Hayek. ABSENT: None. Second Consideration Vote for passage: Date published `!v. Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING, ESTABLISHING DEFINITIONS AND A USE CLASSIFICATION PROCEDURE FOR DRINKING ESTABLISHMENTS AND ALCOHOL SALES-ORIENTED RETAIL USES AND ESTABLISHING MINIMUM SPACING REQUIREMENTS FOR DRINKING ESTABLISHMENTS THROUGHOUT THE CITY AND FOR ALCOHOL-SALES ORIENTED RETAIL USES IN THE CENTRAL BUSINESS SERVICE (CB- 2), CENTRAL BUSINESS SUPPORT (CB-5), AND CENTRAL BUSINESS (CB-10) ZONES. WHEREAS, tudies show that the increase in the concentration of al ohol-related uses is correlated to the erconsumption of alcohol and prevalence of underage inking; and WHEREAS, stu s also show that an increase in the concentration falcohol-related uses contributes to an incre a in violence and crime; and WHEREAS, due tot negative externalities associated with a oncentration of drinking establishments such as rs and pubs, it is in the public i Brest to prevent further concentration of these types o ses throughout the community; a WHEREAS, the Central Bus' ess District is intended to b the high density, pedestrian- oriented shopping, office, service a d entertainment area in to a City and provide opportunities for a wide range of retail service, offic and residential uses; nd WHEREAS, in addition to the incre sed density of dri king establishments in the Central Business District, the increased density o Icohol-related etail uses, such as liquor stores, has reduced the diversity of businesses in this d wntown dis Ict; and WHEREAS, due to the negative externs '~ related retail establishments in the central busir site consumption, it is in the public interest to uses. NOW, THEREFORE, BE IT ORDAINED BY CITY, IOWA: ~ SECTION I. The Code of Ordinances of tl'SE follows: s ass ciated with a concentration of alcohol- ~ss nes that sell alcoholic beverages for off- r~,v nt further concentration of these types of ~FiE TY COUNCIL OF THE CITY OF IOWA City of to a City, Iowa is hereby amended as A. Amending Table 2A-1, Principal es Allowed in Sin Family Residential Zones, by adding the following note to Reli ous/Private Group Ass bly Uses: Any establishment that is licensed by the State to ell alcohol or alcoholic be rages is subject to the Use Classification process as set f h in 14-4A-2G. B. Amending Table 2B-1, Pri cipal Uses Allowed in Multi-Fami Residential Zones, by adding Alcohol Sales-Orie ted as a subgroup to the Retail Use c tegory and adding the following note to Relig' us/Private Group Assembly Uses: Any stablishment that is licensed by the Stat to sell alcohol or alcoholic beverages is bject to the Use Classification proce as set forth in 14-4A-2G. \ C. Amending Table -1, Principal Uses Allowed in Commercial Zones, by: ~~. ^ Splitting t Eating and Drinking Establishments use category into tvVp subgroups, Eating E tablishments and Drinking Establishments; and ~~~ ^ Indicating that Eating Establishments are a permitted use in the CH-1, ~-2, CB-2, CB-5, and CB-10 Zones, and provisional/special exception uses in the CN-1 Zone, and Special Exceptions in the CO-1 and MU Zones; and Ordinance No. Page 2 ^ Indicating that Drinking Establishments are provisional uses in the CH-1, CC-2, CB-2, CB-5, and CB-10 Zones and provisional/special exception uses in the CN-1 Zone; and ^ Adding a new subgroup, Alcohol Sales-Oriented Retail, to the Retail use category and indicating that Alcohol Sales-Oriented Retail uses are provisional uses in the CN-1, CH-1, CI-1, CB-2, CB-5, CB-10, and MU Zones and a permitted use in the CC-2 Zone; and ^ Adding the following note to Commercial Recreational Uses, Eating and Drinking Establishments, Quick Vehicle Servicing Uses, Retail Uses, and Religious/Private Group Assembly Uses: Any establishment that is licensed by the State to sell alcohol or alcoholic beverages is subject to the Use Classification process as set forth in 14- 4A-2G. D. Amending Table 2D-1, Principal Uses Allowed in Industrial d Research Zones, by adding Alcohol Sales-Oriented as a Subgroup to the Retail Us Category and by adding the following note to Commercial Recreational Uses: Any estab shment that is licensed by the State to sell alcohol or alcoholic beverages is subject to th Use Classification process as set forth in 14-4A-2G. E. Amending Section 14-4A-2, Classifying Uses, by adding a ew subsection G as follows: G. Use classification for establishments that sell alto of 1. Applicability: Any use for which an application s been filed for a liquor control license or wine or beer permit is subject to the foil ing use classification process. 2. Definitions: The following definitions shall ap y to terms used in this subsection. a. Alcohol Sales -the sale of al hol and Icoholic beverages, including but not limited to alcohol, beer or wi in osed containers intended for off-site consumption; and alcoholic beve g s, including cocktails, shots, wine, beer, and any part of an alcoholic bever a intended for on-site consumption, as defined in Chapter 123 of the Sta de. b. Licensee -Any person or entit that Ids a liquor control license, wine or beer permit issued by the Stat of Iowa. c. License -Any liquor control 'tense, wine r beer permit issued by the State of Iowa that allows sales of Icohol or alcoh 'c beverages. 3. Classification Process a. Prior to issuance of a Li nse for a new use or newal of a License for a use that was established p or to (the effective date f this ordinance), but which has not yet been cla ified according to these pr visions, the Licensee must submit to the Dep ment of Housing and Insp tion Services a verified statement that det ils the nature of the principal u e for which the License will be issued, t e type of license(s) applied for, nd the hours that the establishment I be open for business. The City ay request any other information de med necessary to verify and classify he use, including but not limited to usiness records upon which the stateme t is based, state and federal tax records, applications for dram shop i urance and audits performe to determine dram shop insurance premium ,and receipts from vendors or goods purchased. b. Base on the information provided by the applicant, the type of License being applied for, and the classification system set forth in this Article, the City will advise the applicant regarding the classification of the proposed use for zoning purposes, and, if applicable, whether the alcohol sales will be Ordinance No. Page 3 considered a principal or accessory use of the property. c. If through this use classification process, a use that was legally established prior to (the effective date of this ordinance) is determined to be nonconforming with regard to the separation requirements for Drinking Establishments or Alcohol Sales-Oriented Retail Uses, the property file will be tagged by the Building Official or designee as a nonconforming Drinking Establishment or nonconforming Alcohol Sales-Oriented Retail Use, as applicable. Such a nonconforming use may continue provided it is in g~mpliance with the applicable provisions of 14-4E, Nonconforming Situations. 4. Accessory Alcohol Sales Certification Any use that is classified as an Alcohol Sales-Oriented Retail Use is considered a principal use and subject to the regulations pertai ing thereto, unless it is determined that alcohol sales are an accessory use to another principal use of the property through the following certification process. ny Licensee applying for an Accessory Alcohol Sales Certificate must submit ver ied statements and business records as set forth in•;the following subparagraphs a. For existing uses,` ' according to a verified statement issued by a certified public accountant, a ohol sales expresse as a percentage of gross yearly income is less than 25 ercent (25%), an ccessory Alcohol Sales Certificate will be issued for one y r, after which me it must be renewed annually at the time the License is re ewed. Said tatement shall be based on records made in the regular course f the Li ensee's business. The Licensee shall allow, upon request, the Buil 'ng Of cial, City Clerk or designee to examine the business records upon whi t e statement is based, including state and federal tax records, applicatio for dram shop insurance and audits performed to determine drams insurance premiums, and receipts from vendors for goods purchased. b. For new uses, if the License estim tes, based on their submitted business plan, that alcohol sales expr ssed a a percentage of gross yearly income will be less than 25 perce (25%), a Accessory Alcohol Sales Certificate will be issued for one y ar. The c ificate must be renewed annually thereafter at the time a License is renewed based on actual sales according to a verifie statement from a certified public accountant as described in subparagr ph 4a., above. c. If, at the time of rene al of the certificate, a cohol sales constitute 25 percent (25%) or more of g ss yearly income and a use is not in compliance with zoning requireme s for Alcohol Sales-Orie ted Uses, a notice of violation will be issued. If a use is in violation of the oning requirements for Alcohol Sales-Oriented ses, the Licensee must redu a alcohol sales to below 25% of gross year) income or otherwise bring the use into compliance with the applicable re lations. F. By amending subsecti 14-4A-4E, Eating and Drinking Est blishments by deleting paragraphs 1 and 2 d substituting in lieu thereof the parag aphs 1 and 2 below, and adding the exceptio stated below to paragraph 4 as follows: 1. Characteristi Establishm is where the principal activity is the preparation, dispensing and consump ' n of food and/or beverages. Depending on the type of establishment, food Ordinance No. Page 4 and/or beverages may be consumed on or off of the premises. These uses may vary with regard to traffic generation, congestion, and the potential for off-site impacts. Therefore, the size, location, and accessory uses permitted may be regulated differently based on the underlying zoning. 2. Examples: Examples include uses from the two subgroups listed below: a. Eatinp Establishments: Restaurants; cafes; cafeterias; coffee shops; delicatessens, tearooms; dining rooms; supper clubs; fast food restaurants; ice cream parlors. b. Dri 'n Establishments: Any use that meets all of the defining characteristics list d sub-subparagraphs (1 ), (2), and (3), below, is considered a Drinking Establishment for purposes of this Title, unless listed as an exception in paragrapli,4, below. (1) The ~,rincipal activity of the establishment is the preparation, dispensing and consumption of food and/or beverage ;and (2) The establishment is licensed by th State for the sale of alcoholic beverages~,for on-site consumption, as efined by Iowa Code Chapter 123; and (3) The establis ent is open for b iness on a regular basis any time between the ho rs of 12:00 AM an 2:00 AM. 4. Exceptions b. Restaurants and/or bars t tare asso ated with aHospitality-Oriented Retail Use and that have been issue a Cla s B liquor control license are considered accessory to the subject Ho italit -Oriented Retail Use and are not considered Eating or Drinking Establishme is rAlcohol-Oriented Retail Uses. G. Amending 14-4A-4H, Retail Uses, by dding the following example to paragraph 2; by deleting paragraph 3 in its entirety substituting in lieu thereof the paragraph 3 below; deleting paragraph 4e in its tire and substituting in lieu thereof the paragraph 4e below, and adding paragrap s 4f nd 4g and renumbering the subsequent paragraphs accordingly as follows 2. Examples: Examples include ses from th subgroups listed below: f. Alcohol Sales-Oriented: quor stores; wi a shops; grocery stores; convenience stores; and other retail stablishments for ich a Class E liquor control license or wine or beer permit as been issued tha allows sale of alcohol or alcoholic beverages in closed ontainers for off-premis consumption. 3. Accessory Uses Offices; storage of oods; assembly, repackaging, r processing of goods for on-site sale; off-street p rking, services incidental to the le of goods; wholesale sales. Drive-through f cilities are accessory uses that are s bject to additional regulations outlined in A cle 14-4C, Accessory Uses and Buildi s. Crematoriums, for either human or p remains, may be an accessory use to a fu ral home or mortuary. 4. Exceptio e. Rest urants and/or bars that are associated with a Hos 'tality-Oriented Retail Use an that have been issued a Class B liquor control license are considered cessory to the subject Hospitality-Oriented Retail Use nd are not considered Drinking Establishments or Alcohol-Oriented Retail Uses. f. Drinking Establishments are not considered Alcohol Sales- Tented Uses, even if they have a liquor control license or wine or beer permit that a ows sale of alcohol, Ordinance No. Page 5 wine, or beer in closed containers for off-premise consumption. g. A use is not considered an Alcohol Sales-Oriented Use if an Accessory Alcohol Sales Certificate has been granted according to the process set forth in 14-4A-2G, Use classification for establishments that sell alcohol. H. Deleting subparagraph 14-4A-4F(4)(b), and substituting in lieu thereof the following: b. A convenience store located on the same lot as a Quick Vehicle Servicing use is regulated as a separate principal use, Sales-Oriented Retail or Alcohol Sales-Oriented RetaNi whichever is applicable. I. Amending paragraph 14-4B-46(9) to add the following subsections: d. Drinking Establishments are not allowed in the MU and CO-1 Zones. e. In the CN-1 Zone, a Drinking Establishment, as defined in this Title, must be separated by a minimum distance of 500 feet from any other Drinking Establishment. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building sp ce) of any other Drinking Establishment. For example, in the case of a Drinking Est blishment that is located on a lot with multiple leased spates, such as a shopping mall, the distance is measured from the nearest point of the Lased building space o cupied by a Drinking Establishment to the nearest property line o eased building spa e of any other Drinking Establishment. J. Amending paragraph 14- B-4B by adding new paragraph 10 as follows, and renumbering the remaining aragraphs cordingly: 10. Drinking Establishment in the C -1, CC-2, CB-2, CB-5, CB-10 Zones A Drinking Establishment, defi ed in this Title, must be separated by a minimum distance of 500 feet from y other Drinking Establishment. Distance shall be measured along a straight line om the nearest property line (or nearest point of the leased building space) of the r posed use to the nearest property line (or nearest point of the leased buildi s ce) of any other Drinking Establishment. For example, in the case of a D inking stablishment that is located on a lot with multiple leased building spaces, s h as a s Aping mall, the distance is measured from the nearest point of the leas d building s ace occupied by a Drinking Establishment to the nearest property ine or lease building space of any other Drinking Establishment. K. Deleting the titles for par graphs 14-4B-4B( 3) and 14-4B-46(14), and substituting in lieu thereof: 13. Sales-Oriented, P rsonal Service-Orient ,and Alcohol Sales-Oriented Retail Uses in the CN-1 Zo 14. Sales-Oriented, ersonal Service-Oriented, and Alcohol Sales-Oriented Retail Uses in the MU Zo e L. Deleting paragrap 14-4B-46(15) and substituting in ieu thereof: 15. Sales-Orient ,and Alcohol Sales-Oriented Re ail in the CH-1 Zone Sales-Orient d and Alcohol Sales-Oriented Retail ses are limited to convenience stores asso fated with Quick Vehicle Servicing Uses M. Deleting para aph 14-4B-46(17) and substituting in lieu ereof: 17. Hospita ty-Oriented Retail in the RM-44, PRM, MU, O-1, and CN-1 Zones a. Hos itality-Oriented Retail is limited to guesthouses s defined in Article 14-9A of this Title, General Definitions. b. Any accessory dining and/or bar service is limited to guests only and may not be Ordinance No. Page 6 N O open to the general public. Amending 14-4B-4B by adding two new paragraphs, as follows, and renumbering the remaining paragraph accordingly: 21. Alcohol Sales-Oriented Retail in the CI-1 Zone Alcohol Sales-Oriented Retail is limited to convenience stores associated with Quick Vehicle Servicing Uses. 22. Alcohol Sales-Oriented Retail Uses in the CB-2, CB-5, and CB-10 Zones An Alcohol Sales-Oriented Retail Use must be separated by a minimum distance of 1000~eet from any other Alcohol Sales-Oriented Retail Use. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of th~,leased building space) of any they Alcohol Sales-Oriented Retail Use. For exampled in the case of an Alcohol Sa s-Oriented Retail Use that is located on a lot with multi~(e leased spaces, such as shopping mall, the distance is measured from the nearest oint of the leased bui ing space occupied by an Alcohol Sales- Oriented Retail U e to the nearest pr perty line or leased building space of any other Alcohol Sales- riented Retail Us . In Section 14-4E-5, addin anew subsec on G, as follows: G. Nonconforming Drinkin Establish ents and Alcohol Sales-Oriented Retail Uses or is discontinued for a period of one year; or b. There are chan s to the use such that the use no longer meets the definition of Drinking Estab ' hment. 2. Any Alcohol Sal -Oriented Retail Use, as fined in this Title, that was legally established prior t the (effective date of this or 'Hance) that is nonconforming with regard to the se aration requirement between sa'd uses, as specified in this Title, may continue less one or both of the following 'tuations occur. If one or both of these conditio s occur, then nonconforming rights ease and the use must convert to a confor g use. in this Section, the following provisions apply to cents and nonconforming Alcohol Sales-Oriented t, a defined in this Title, that was legally established dins ce) and that is nonconforming with regard to the .en sac uses, as specified in this Title, may continue following situations occur. If one or both of these forming r hts cease and the use must convert to a a. The liquor license apses, is revo In addition to the other prop nonconforming Drinking Este Retail Uses. 1. Any Drinking Establishme prior to (effective date of this separation requirement betty unless one or both of the conditions occur, then non conforming use: a. The iquor license lapses, is revoked or is dis ontinued for a period of one year; r P b. T ere are changes to the use such that the use o longer meets the definition of Icohol Sales-Oriented Retail Use. 3. or purposes of this subsection, sidewalk cafes hall not be considered an pansion of a nonconforming use. In Article 14-gA, General Definitions, adding the following definitions: Ordinance No. Page 7 Alcohol Sales-Oriented Retail Use: See "Retail Uses" as defined in Article 14-4A, Land Use Classification. Drinking Establishment: See "Eating and Drinking Establishments" as defined in Article 14-4A, Land Use Classification. Q. In 'cle 14-9A, General Definitions, delete the definitions for "Eating and Drinking Establi ent" and "Restaurant," and substitute, pectively, in lieu thereof: Eating Es lishment: See "Eating and Drin g Establishments" as defined in Article 14-4A, Land Classification. Restaurant: An 'Eating Establishment a defined in Article 14-4A, Land Use Classification. SECTION II. REPEALER. All.,ordinances and p its of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If~ ny secti n, provision or part of the Ordinance shall be adjudged to be invalid or unconstitution su adjudication shall not affect the validity of the Ordinance as a whole or any section, vision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. Thi Ordina e shall be in effect after its final passage, approval and publication. Passed and approved this day f , 20 MAYO R by ATTEST: CITY CLERK City Attorney's Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING, ESTABLISHING DEFINITIONS AND A USE CLASSIFICATION PROCEDURE FOR DRINKING ESTABLISHMENTS AND ALCOHOL SALES-ORIENTED RETAIL USES AND ESTABLISHING MINIMUM SPACING REQUIREMENTS FOR DRINKING ESTABLISHMENTS THROUGHOUT THE CITY AND FOR ALCOHOL-SALES ORIENTED RETAIL USES IN THE CENTRAL BUSINESS SERVICE (CB- 2), CENTRAL BUSINESS SUPPORT (CB-5), AND CENTRAL BUSINESS (CB-10) ZONES. WHEREAS, studies s ow that the increase in the concentration of alcohol-related uses is correlated to the overconsu ption of alcohol and prevalenc of underage drinking; and WHEREAS, studies also ow that an increase in the oncentration of alcohol-related uses contributes to an increase in vio nce and crime; and WHEREAS, due to the nega a externalities assoc' ted with a concentration of drinking establishments such as bars an pubs, it is in t e public interest to prevent further concentration of these types of uses th ughout the co munity; and WHEREAS, the Central Business DI trict is inte ed to be the high density, pedestrian- oriented shopping, office, service and ente inment rea in Iowa City and provide opportunities for a wide range of retail service, office and re 'denti I uses; and WHEREAS, in addition to the increased de ' y of drinking establishments in the Central Business District, the increased density of alcohol lated retail uses, such as liquor stores, has reduced the diversity of businesses in this downt wn 'strict; and WHEREAS, due to the negative externali 'es asso fated with a concentration of alcohol- related retail establishments in the central bu Hess zone that sell alcoholic beverages for off- site consumption, it is in the public interest o prevent furt r concentration of these types of uses. ~. NOW, THEREFORE, BE IT ORDAINE BY THE CITY CO CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinance of the City of Iowa City, I a is hereby amended as follows: ~. A. Amending Table 2A-1, Princi I Uses Allowed in Single Family`~esidential Zones, by adding the following note to eligious/Private Group Assembly Use .: Any establishment that is licensed by the Stat to sell alcohol or alcoholic beverages is~~ubject to the Use Classification process ass t forth in 14-4A-2G. B. Amending Table 2B-1 j rincipal Uses Allowed in Multi-Family Reside' ial Zones, by adding Alcohol Sales-Oriented as a subgroup to the Retail Use category a adding the following note to Religious/Private Group Assembly Uses: Any establishment that is licensed by the State to sell alcohol or alcoholic beverages is subject to the Use Classification process as set forth in 14-4A-2G. C. Amending Table 2C-1, Principal Uses Allowed in Commercial Zones, by: ^ Splitting the Eating and Drinking Establishments use category into two subgroups, Eating Establishments and Drinking Establishments; and ^ Indicating that Eating Establishments are a permitted use in the CH-1, CC-2, CB-2, CB-5, and CB-10 Zones, and provisional/special exception uses in the CN-1 Zone, and Special Exceptions in the CO-1 and MU Zones; and ~~ Ordinance No. Page 2 ^ Indicating that Drinking Establishments are provisional uses in the CH-1, CC-2, CB-2, CB-5, and CB-10 Zones and provisional/special exception uses in the CN-1 Zone; and ^ Adding a new subgroup, Alcohol Sales-Oriented Retail, to the Retail use category and indicating that Alcohol Sales-Oriented Retail uses are provisional uses in the CN-1, CH-1, CI-1, CB-2, CB-5, CB-10, and MU Zones and a permitted use in the CC-2 Zone; and ^ Adding the following note to Commercial Recreational Uses, Eating and Drinking Establishments, Quick Vehicle Servicing Uses, Retail Uses, and Religious/Private Group Assembly Uses: Any establishment that is licensed by the State to sell alcohol or alcoholic beverages is subject to the Use Classification process as set forth in 14- 4A-2G. D. Amending Table 2D-1, Principal Uses Allowed in Industrial and Research Zones, by adding Alcohol Sales-Oriented as a Subgroup to the Retail Use Category and by adding the following not to Commercial Recreational Uses: Any establishment that is licensed by the State to sell alc of or alcoholic beverages is subject to the Use Classification process as set forth in 14-4A-2 E. Amending Section 14-4A- Classifying Uses, by adding a new subsection G as follows: G. Use classification fore ablishments that sell alcohol 1. Applicability: Any use which an applicatio has been filed for a liquor control license or wine or beer permi 's subject to the fol wing use classification process. 2. Definitions: The following de ' itions shall ap ly to terms used in this subsection. a. Alcohol Sales -the sale of cohol and Icoholic beverages, including but not limited to alcohol, beer or 'ne in cl sed containers intended for off-site consumption; and alcoholic be rage ,including cocktails, shots, wine, beer, and any part of an alcoholic bev a e intended for on-site consumption, as defined in Chapter 123 of the State ode. b. Licensee -Any person or entity t t olds a liquor control license, wine or beer permit issued by the State of owa. c. License -Any liquor control lice se, wine beer permit issued by the State of Iowa that allows sales of alc of or alcoho ' beverages. 3. Classification Process a. Prior to issuance of a Licens for a new use or re wal of a License for a use that was established prior (the effective date of is ordinance), but which has not yet been classifie according to these provisi ns, the Licensee must submit to the Departure t of Housing and Inspectio Services a verified statement that details t nature of the principal use fo which the License will be issued, the typ of license(s) applied for, and t hours that the establishment will be pen for business. The City may re est any other information deemed ecessary to verify and classify the use, 'ncluding but not limited to busine records upon which the statement is base ,state and federal tax record applications for dram shop insurance and audits performed to deter ine dram shop insurance premiums, and receipts from vendors for goods urchased. b. Based on the information provided by the applicant, the type of License being applied for, and the classification system set forth in this Article, the City will advise the applicant regarding the classification of the proposed use for zoning purposes, and, if applicable, whether the alcohol sales will be Ordinance No. Page 3 considered a principal or accessory use of the property. c. If through this use classification process, a use that was legally established prior to (the effective date of this ordinance) is determined to be nonconforming with regard to the separation requirements for Drinking Establishments or Alcohol Sales-Oriented Retail Uses, the property file will be tagged by the Building Official or designee as a nonconforming Drinking Establishment or nonconforming Alcohol Sales-Oriented Retail Use, as applicable. Such a nonconforming use may continue provided it is in compliance with the applicable provisions of 14-4E, Nonconforming Situations. 4. Accessory Alcohol Sales Certification Any use that is classified as an Alcohol Sales-Oriented Retail Use is considered a principal use and subject to the regulations pertaining thereto, unless it is determined that alcohol sales are an accessory use to another principal use of the property through the following certification process. Any Licensee applying for an Accessory Alcohol Sales Certificate must submit verified statements and business 'records as set forth in the following subparagraphs. or existing uses, if according to a verified statement issued by a certified pub' accountant, alcohol sales expressed as a percentage of gross yearly income i ss than 25 percent (25%), an Accessory Alcohol Sales Certificate will be issue or one year, after which time it must be renewed annually at the time the Lic a is renewed. Said stateme t shall be based on records made in the regular nurse of the Licensee's usiness. The Licensee shall allow, upon request, th uilding Official, C' Clerk or designee to examine the business records upon hich the stat ent is based, including state and federal tax records, applica ' ns for dram shop insurance and audits performed to determine dram sh i urance premiums, and receipts from vendors for goods purchased. b. For new uses, if the Licensee est' ate based on their submitted business plan, that alcohol sales express d as a rcentage of gross yearly income will be less than 25 percent ( %), an Acc sory Alcohol Sales Certificate will be issued for one year. The certificat must be renewed annually thereafter at the time the License is renew based on actual sales according to a verified s tement from a certifi public accountant as described in subparagrap 4a., above. c. If, at the time of renewal f the certificate, alcohol sales onstitute 25 percent (25%) or more of gross early income and the use is no in compliance with zoning requirements f r Alcohol Sales-Oriented Uses, a notice of violation will be issued. If the a is in violation of the zoning requirements for Alcohol Sales-Oriented Uses the Licensee must reduce alcohol sales to below 25% of gross yearly inc a or otherwise bring the use into compliance with the applicable regulati s. F. By amending subsection 14- A-4E, Eating and Drinking Establishments by deleting paragraphs 1 and 2 and substituting in lieu thereof the paragraphs 1 and 2 below, and adding the exception stated below to paragraph 4 as follows: 1. Characteristics Establishments where the principal activity is the preparation, dispensing and consumption of food and/or beverages. Depending on the type of establishment, food Ordinance No. Page 4 and/or beverages may be consumed on or off of the premises. These uses may vary with regard to traffic generation, congestion, and the potential for off-site impacts. Therefore, the size, location, and accessory uses permitted may be regulated differently based on the underlying zoning. 2. Examples: Examples include uses from the two subgroups listed below: a. Eating Establishments: Restaurants; cafes; cafeterias; coffee shops; delicatessens, tearooms; dining rooms; supper clubs; fast food restaurants; ice cream parlors. b. Drinking Establishments: Any use that meets all of the defining characteristics listed in sub-subparagraphs (1 ), (2), and (3), below, is considered a Drinking Establishment for purposes of this Title, unless listed as an exception in paragraph 4, below. (1) The principal activity of the establishment is the preparation, dispensing and consumption of food and/or beverages; and (2) The establishment is licensed by the State for the sale of alcoholic beverages for on-site consumption, as defined by Iowa Code Chapter 123; (3) The stablishment is open for business on a regular basis any time betwee he hours of 12:00 AM and 2:00 ~M. 4. Exceptions b. Restaurants and/orb that are associated wi aHospitality-Oriented Retail Use and that have been is ed a Class B liq or control license are considered accessory to the subject spitality-Oriente Retail Use and are not considered Eating or Drinking Establishm is or Alcohol Oriented Retail Uses. G. Amending 14-4A-4H, Retail Uses, by dding deleting paragraph 3 in its entirety an su below; deleting paragraph 4e in its entirety 4e below, and adding paragraphs 4f an paragraphs accordingly as follows: 2. Examples: Examples include uses from following example to paragraph 2; by ~' uting in lieu thereof the paragraph 3 substituting in lieu thereof the paragraph 4g and renumbering the subsequent sub~oups listed below: f. Alcohol Sales-Oriented: liquor stor ;wine sn s; stores; and other retail establishme is for which a I wine or beer permit has been i sued that allows beverages in closed containers f roff-premise consu grocery stores; convenience ass E liquor control license or .sale of alcohol or alcoholic on. 3. Accessory Uses Offices; storage of goods; asse bly, repackaging, or process' g of goods for on-site sale; off-street parking, servi s incidental to the sale of go s; wholesale sales. Drive-through facilities are a cessory uses that are subject to a itional regulations outlined in Article 14-4C, ccessory Uses and Buildings. Cremat riums, for either human or pet remains, m be an accessory use to a funeral home or ortuary. 4. Exceptions e. Restaurants and/or ars that are associated with aHospitality-Oriente etail Use and that have b n issued a Class B liquor control license are c nsidered accessory to the ubject Hospitality-Oriented Retail Use and are not co sidered Drinking Establis ments or Alcohol-Oriented Retail Uses. f. Drinking Establi hments are not considered Alcohol Sales-Oriented Uses, even if they have a liquor control license or wine or beer permit that allows sale of alcohol, Ordinance No. Page 5 wine, or beer in closed containers for off-premise consumption. g. A use is not considered an Alcohol Sales-Oriented Use if an Accessory Alcohol Sales Certificate has been granted according to the process set forth in 14-4A-2G, Use classification for establishments that sell alcohol. H. Deleting subparagraph 14-4A-4F(4)(b), and substituting in lieu thereof the following: b. A convenience store located on the same lot as a Quick Vehicle Servicing use is regulated as a separate principal use, Sales-Oriented Retail or Alcohol Sales-Oriented Retail, whichever is applicable. I. Amending paragraph 14-4B-46(9) to add the following subsections: d. Drinking Establishments are not allowed in the MU and CO-1 Zones. e. In the CN-1 Zone, a Drinking Establishment, as defined in this Title, must be separated by a minimum distance of 500 feet from any other Drinking Establishment. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building space) of any other Drinking Establishment. For example, in the case of a Drinking Establishment that is located on a lot with multiple leased spaces, such as a shopping mall, the distance is measured from the ~~ est point of the leased building space occupied by a Drinking Establishment to the neares operty line or leased building space of any other Drinking Establishment. J. Amending pa raph 14-4B-4B by adding a new paragraph 10 as follows, and renumbering the aining paragraphs accordingly: 10. Drinking Establis ents in the CH-1, CC-2, CB-2, CB-5, CB-10 Zones A Drinking Establishm t, as defined in this itle, must be separated by a minimum distance of 500 feet fro any other Drin ing Establishment. Distance shall be measured along a straight li from the nea est property line (or nearest point of the leased building space) of the p posed us to the nearest property line (or nearest point of the leased building sp e) of any other Drinking Establishment. For example, in the case of a Drinking E bli hment that is located on a lot with multiple leased building spaces, such as a shop ng mall, the distance is measured from the nearest point of the leased building sp c occupied by a Drinking Establishment to the nearest property line or leas d b ~ ding space of any other Drinking Establishment. K. Deleting the titles for paragraphs 14-4 -46(13) an 14-4B-46(14), and substituting in lieu thereof: 13. Sales-Oriented, Personal Servi e-Oriented, and A ohol Sales-Oriented Retail Uses in the CN-1 Zone 14. Sales-Oriented, Personal Se ice-Oriented, and Alcoh `Sales-Oriented Retail Uses in the MU Zone ~, L. Deleting paragraph 14-4B-46(15 and substituting in lieu thereof: ~~`,, 15. Sales-Oriented, and Alcoh ISales-Oriented Retail in the CH-1 Zone Sales-Oriented and Alcoh Sales-Oriented Retail Uses are limited to convenience stores associated with Qu~ k Vehicle Servicing Uses. M. Deleting paragraph 14-4B-4 (17) and substituting in lieu thereof: 17. Hospitality-Oriented R tail in the RM-44, PRM, MU, CO-1, and CN-1 Zones a. Hospitality-Oriented etail is limited to guesthouses as defined in Article 14-9A of this Title, General Defi itions. b. Any accessory dining and/or bar service is limited to guests only and may not be Ordinance No. Page 6 open to the general public. N. Amending 14-4B-4B by adding two new paragraphs, as follows, and renumbering the remaining paragraph accordingly: 18. Alcohol Sales-Oriented Retail in the CI-1 Zone Alcohol Sales-Oriented Retail is limited to convenience stores associated with Quick Vehicle Servicing Uses. 19. Alcohol Sales-Oriented Retail Uses in the CB-2, CB-5, and CB-10 Zones An Alcohol Sales-Oriented Retail Use must be separated by a minimum distance of 1000 feet from any other Alcohol Sales-Oriented Retail Use. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building space) of any other Alcohol Sales-Oriented Retail Use. For example, in the case of an Alcohol Sales-Oriented Retail Use that is located on a lot with multiple leased spaces, such as a shopping mall, the distance is measured from the nearest point of the leased building space occupied by an Alcohol Sales- Oriented Retail Use to the nearest property line or leased building space of any other Alcohol Sales-Oriented Retail Use. O. In S tion 14-4E-5, adding a new subsection G, as follows: G. Nonco rming Drinking Establishments and Alcohol Sales-Oriented Retail Uses In addition to th ther provisions in this Section, the following provisions apply to nonconforming Drin ' Establishments and nonconforming Alcohol Sales-Oriented Retail Uses. 1. Any Drinking Establishm t, as defined i this Title, that was legally established prior to (effective date of this o finance) an that is nonconforming with regard to the separation requirement between aid use , as specified in this Title, may continue unless one or both of the folio g si ations occur. If one or both of these conditions occur, then nonconforming i is cease and the use must convert to a conforming use: a. The liquor license lapses, is re ke or is discontinued for a period of one year; or b. There are changes to the use uch that the se no longer meets the definition of Drinking Establishment. 2. Any Alcohol Sales-Oriented Re it Use, as defined ' this Title, that was legally established prior to the (effective ate of this ordinance) at is nonconforming with regard to the separation requir ent between said uses, specified in this Title, may continue unless one orb h of the following situations o ur. If one or both of these conditions occur, then onconforming rights cease and th use must convert to a conforming use. a. The liquor license I ses, is revoked or is discontinued fora eriod of one year; or b. There are change to the use such that the use no longer meets th efinition of Alcohol Sales-Or' nted Retail Use. 3. For purposes of is subsection, sidewalk cafes shall not be considere an expansion of a nonc nforming use. P. In Article 14-9A, Gener I Definitions, adding the following definitions: Ordinance No. Page 7 Alcohol Sales-Oriented Retail Use: See "Retail Uses" as defined in Article 14-4A, Land Use Classification. Drinking Establishment: See "Eating and Drinking Establishments" as defined in Article 14-4A, Land Use Classification. Q. In Article 14-9A, General Definitions, delete the definitions for "Eating and Drinking Establishment" and "Restaurant," and substitute, respectively, in lieu thereof: Eating Establishment: See "Eating and Drinking Establishments" as defined in Article 14-4A, Land Use Classification. Restaurant: An Eating Establishment as defined in Article 14-4A, Land Use Classification. 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 unconstituti~ SECTION IV. ECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of , 2D MAYOR ~ P~proved by ATTEST: CITY CLERK City Attorney's Office Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING, ESTABLISHING DEFINITIONS AND A USE CLASSIFICATION PROCEDURE FOR DRINKING ESTABLISHMENTS AND ALCOHOL SALES-ORIE TED RETAIL USES AND ESTABLISHING MINIMUM SPACING REQUIREMEN FOR SAID USES. WHEREAS, th Central Business District is intended to be the Igh density, pedestrian- oriented shopping, o 'ce, service and entertainment area in Iowa City nd provide opportunities for a wide range of reta' service, office and residential uses; and WHEREAS, the nu er of alcohol-related uses such as b rs and liquor stores has increased to the extent tha the concentration of these types of u s has reduced the diversity of types of businesses in the owntown; and WHEREAS, there is evide a that the increase in the conc tration of alcohol-related uses has contributed to the overcons ption of alcohol and prevale ce of underage drinking; and WHEREAS, there is evidence hat an increase in the co entration of alcohol-related uses contributes to an increase in violenc and crime; and WHEREAS, due to the negative xternalities associa d with a concentration of drinking establishments, it is in the public intere t to prevent furthe concentration of these types of uses within the community; and WHEREAS, due to the negative xternalities associated with a concentration of establishments in the central business ones th t sell alcoholic beverages for off-site consumption, it is in the public interest to prey nt fu er concentration of these types of uses; NOW, THEREFORE, BE IT ORDAINED B T E CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of th of Iowa City, Iowa is hereby amended as follows: A. Deleting Table 2A-1, Principal U substitutin the followin table i Table 2A-1 -Principal Uses Allowe s s Allowed h lieu thereof: in Single F~ RR-1 Single Family Residential Zones, and USE CATEGORIES ~ SUBGROUPS ~m~y Residential Zones RS-5 RS-8 RS-12 RNS-12 hceswenual uses Household Living Uses Detached Single amity Dwellin s P P P`~\ P P Detached Zer of Line Dwellin s PR PR PR PR Attached Si gle Family Dwellin s PR PR PR Two-Fa II Uses Du lexes PR PR pR PR Grou ouseholds PR PR PR P PR Multi- anvil Uses See Note Living Uses Grou Ass' ted Grou Livin p In a endent Grou Livin See Note raternal Group Living See Note USE CATEGORIES SUBGROUPS RR-1 RS-5 RS-8 RS-12 .RNS-12 Commercial Uses Animal-related Commerci General PR Uses Intensive PR m5iliuil Olld~ r~nu ~.w~ vacs S S S S S Da care Uses R S S S S General P Educational Facilities S ecialized Parks and Open Space pR PR PR PR PR i i~o~ Ordinance No. Page 2 Religious/Private Group pR S S S S Assembly Uses3 USE CATEGORIES SUBGROUPS RR-1 RS-5 RS-8 RS-12 RNS-12 Vulel aJaca ricultural Uses A Plant-related P g Animal-related Communication PR PR PR PR PR Transmission Facility Uses P =Permitted PR =Provisional S =Special Exception (See 14-4B for requirements for provisional uses and special exceptions) Notes: 'Multi-Family and Group Living U sin the RNS-12 zone must comply with the special provisions cont ned in Section 14-2A-7. z Special provisions may apply to ex ting Two Family Uses and Attached Single Family Dwellings Gated on interior lots in the RS-8 Zone. See 14-2A-7D. 3Any establishment that is licensed by t State to sell alcohol or alcoholic beverages is subject o the Use Classification process as set forth in 14-4 -2G, B. Deleting Table 26-1, Prix' substituting the following Table 2B-1 -Principal Uses All USE CATEGORIES SUBGROUPS t' I U I Uses Allowed in Multi-F in lieu thereof: ~d in Multi-Famil e' RM-12 R 20 ily Residential Zones, and ~idential Zones RNS-20 RM-44 PRM Residen is ses Household Living Uses Detached Sin le Famil Dwellin P P P Detached Zero Lot Line Dwellin s PR PR PR Attached Sin le Famil Dwellin s PR PR PR Du lexes PR PR Grou Households PR PR PR PR Multi-famil Dwellin s P P P P P Group Living Uses Assisted Grou Livin S PR PR PR PR Inde endent Grou Livin PR PR PR Fraternal Group Living PR PR PR PR i ~ VVIIII IICI t,lal vacs Retail Uses Sales-oriented Personal Service-ori ted S Re air-oriented Hos italit -Orie d Retail PR PR Outdoor Stor a and Display- oriented Alcohol S es-Oriented II WLRULIVIIaI ~nV v~vw ~ .~~~+ S S S S Community Service Gen al Communit Service S Uses C munit Service -Shelter S S S S S Da care Uses PR PR PR PR PR Educational Facilities General PR PR PR PR PR S ecialized PR Parks and Open Sp e PR PR R PR PR Uses Religious/Priva PR PR P PR PR Group Asse ly Uses'- V lI1C1 VaCa PR PR PR PR PR Communication Transmission Facility Uses P =Permitted PR =Provisional S =Special Exception (See 14-4B for requirements for provisional uses and special exceptions) 'Any establishment that is licensed by the State to sell alcohol or alcoholic beverages is subject to the Use Classification process as set forth in14-4A-2G. Ordinance No. Page 3 C. Deleting Table 2C-1, Principal Uses Allowed in Commercial Zones, and substituting the followin table in lieu thereof: Table 2C 1 Principal Uses Allowed in Commercial Zones USE CATEGORIES SUBGROUPS CO.1 CN-1 CH-1 CI.1 CC-~ CB-2 CB-5 CB-10 MU Itesiaenuai uses P Household Living Uses Detached Single Family Dwellin s PR Detached Zero Lot Line Dwellin s Attached Single Family PR wellin s PR D lexes Gr Households PR PR PR PR PR PR PR Multi- mil Dwellin s PR PR S PR PR PR/S P Group Living Uses Assist Grou Livin PR S PR Inde en nt Grou Livin Fraternal up Living commercial uses PR - Adult Business Uses Animal-related General S PR PR PR PR PR Commercial Uses Intensive PR Commercial Outdoor P P S Recreational UsesZ Indoor PR/S P P P P P P P Commercial Parking PR PR PR Uses Eating & Drinking Eatin Establishments S PR/S P P P P P S EstablishmentsZ Drinking Establishments PR/S PR PR PR PR PR Quick Vehicle Servicing S PR PR PR PR PR/S Uses2 Office Uses General Office R P P P P P P P Medical/Dental Office P P P P P P P P Retail Uses Sales-oriented PR PR PR P P P P PR Personal Service-oriented P PR P P P P PR Re air-oriented P P P P P Hos italit -Oriented Retai PR PR P P P P PR Outdoor Storage and Di play- P PR oriented Alcohol Sales-Orien d PR PR PR P PR PR PR PR Surface Passenger P P P P Service Uses Vehicle Repair Uses PR P S PR mausu~ai uses Industrial Service Uses P Manufacturing and Techni al/Li ht Manufacturin PR R PR PR PR Production Uses Gen al Manufacturing See PR P PR PR PR Note av Manufacturin S Salva e O erations Self-Service Storage P Uses Warehouse and Freig t P Movement Uses Waste-Related Us s Wholesale Sales ses P PR PR PR PR Insu[uuuna~ w u •.ww va ca PR/S PR/S PR/S PR/ PR/ PR/ /S PR/S Basic Utility U es S S S Community rvice General Communit Service P S S P P P P S Uses Communit Service -Shelter S S S PR PR S S Daycare Uses PR PR PR PR PR PR PR PR PR Ordinance No. Page 4 Detention Facilities S P P P PR Educational Facilities General PR P P P P PR S ecialized P PR Hos itals PR PR PR PR PR PR PR PR Parks and Open Space Uses PR P P P P PR Religious/Private Group Assembly Uses2 OtherUSes PR PR PR/S PR PR/S PR/S PR/S PR/S PR Communication ~ Transmission Facility /S ' Uses P =Permitted PR =Provision 'Special provisions apply to dairy r January of 1983. See 14-2C-106. ZAny establishment that is licensed set forth in 14-4A-2G. S =Special Exception (See 14-4B for requirements for provisional ducts processing and packaging facilities established in the Highw~ ~v the State to sell alcohol or alcoholic beverages is subject to th~ and special exceptions) nmercial Zone prior to Classification process as D. Deleting Table 2D-1, 'ncipal Uses Allowed in Industrial nd Research Zones, and substitutin the followin table in lieu thereof: Table 2D-1 - Princi al Uses All ed in Industrial and esearch Zones USE CATEGORIES SUBGROUPS I-1 RDP ORP Commercial Uses Commercial Outdoor Y Recreational Uses'- Office Uses ~ Indoor General Office ~. S P S P Medical/Dental Office P P Retail Uses Sales-oriented Personal Service-oriented Re air-oriented Hos italit -Oriented Retail S S Outdoor Storage and Display- oriented Alcohol Sales-Oriented i muuauiai vacs P Industrial Service Uses P Manufacturing and Technical/Li ht Ma facturin P P P P Production Uses General Manufa rin PR P Heav Manufa urin S P Salva e O erations 'S Self-Service Storage P Uses P P, PR PR Warehouse and Freight , Movement Uses ~ Waste-Related Uses PR PR '~ Wholesale Sales Uses P P PR PR u~auwuv~~a~ ..~.u .,~.~... .~.,~ PR PR PR/S PR/S Basic Utilit Uses Colleges and Public Universities Private S S Community Service General Communit Service S Uses Communit Service -Shelter PR PR Da care Uses PR PR Parks and Open Space Uses Other Uses Aviation-related Uses Air orts HPlirooter Landino Facilities S S S S Ordinance No. Page 5 Extraction Uses PR Communication PR PR S S Transmission Facility Uses P =Permitted PR =Provisional S =Special Exception (See 14-4B for requirements for provisional uses and special exceptions) 'Any establishment that is licensed by the State to sell alcohol or alcoholic beverages is subject to the Use Classification process as eat forth in 1d-4A-2G. E. In Section 14-4A-2, adding a new subsection G as follows: G. Use classification for establishments that sell alcohol 1. Applic bility Any use r which an application has been filed for a liquor co rol license or wine or beer permi 's subject to the following use classification proce s. 2. Definitions The following finitions shall apply to terms used in this s section. a. Alcohol S es -the sale of alcohol and alcoholic b erages, including but not limited to a ohol, beer or wine in closed contain s intended for off-site consumption; nd alcoholic beverages, includin cocktails, shots, wine, beer, and any part o n alcoholic beverage intende for on-site consumption, as defined in Chapt 123 of the State Code. b. Licensee -Any per n or entity that holds a quor control license, wine or beer permit issued by the tate of Iowa. c. License -Any liquor control license, wine r beer permit issued by the State of Iowa that allows sales of'alcohol or alco olic beverages. 3. Classification Process a. Prior to issuance of a License.,for a n w use or renewal of a License for a use that was established prior to (fhe e ective date of this ordinance), but which has not yet been classified accot ng to these provisions, the Licensee must submit to the Department of Ho tog and Inspection Services a verified statement that details the natur of ~~he principal use for which the License will be issued, the type of license )applied for, and the hours that the establishment will be open f r business:~~ The City may request any other information deemed neces ary to verify ~id classify the use, including but not limited to business recor upon which the tatement is based, state and federal tax records, app 'cations for dram sh p insurance and audits performed to determin dram shop insurance remiums, and receipts from vendors for goods pu hased. b. Based on the inform tion provided by the applic t, the type of License being applied for, and th classification system set forth 'n this Article, the City will advise the applic t regarding the classification of e proposed use for zoning purpose ,and, if applicable, whether the alco of sales will be considered a p ncipal or accessory use of the prope c. If through this se classification process, a use that wa legally established prior to (the ffective date of this ordinance) is determin to be nonconfor ing with regard to the separation requirement for Drinking Establish ents or Alcohol Sales-Oriented Retail Uses, the operfy file will be tagged the Building Official or designee as a nonconformi Drinking Establi hment or nonconforming Alcohol Sales-Oriented Retail Use, as applic ble. Such a nonconforming use may continue provided it is in com liance with the applicable provisions of 14-4E, Nonconforming Situations. Ordinance No. Page 6 4. Accessory Alcohol Sales Certification Any use that is classified as an Alcohol Sales-Oriented Retail Use is considered a principal use and subject to the regulations pertaining thereto, unless it is determined that alcohol sales are an accessory use to another principal use of the property through the following certification process. Any Licensee applying for an Accessory Alcohol Sales Certificate must submit verified statements and business records as set forth in the following subparagraphs. a. For existing uses, if according to a verified statement issued by a certified public accountant, alcohol sales expressed as a percentage of gross yearly income is less than 25 percent (25%), an Accessory Alcohol Sales Certificate w I be issued for one year, after which time it must be renewed annually at the ti the License is renewed. Said statement shall be based on records m e in t regular course of the Licensee's business. The licensee shall allo , upon equest, the Building Official, City Clerk or designee to examine e busine s records upon which the statement is based, including state nd federal x records, applications for dram shop insurance and aud' performe to determine dram shop insurance premiums, and re ipts from vendors fo goods purchased. b. For new use , if the Licensee estimates, based on their sub fitted business plan, that alc of sales expressed as a percentage of gro yearly income will be less than 2 ercent (25%), an Accessory Alcohol S es Certificate will be issued for one y r. The certificate must be renewed nnually thereafter at the time the Licen a is renewed based on actual sa s according to a verified statement from a c ified public accountant as d cribed in subparagraph 4a., above. c. If at the time of renew of the certificate, al of sales constitute 25 percent (25%) or more of gross early income an the use is not in compliance with zoning requirements for cohol Sales- riented Uses, a notice of violation will be issued. If the use is in 'olation the zoning requirements for Alcohol Sales-Oriented Uses, the Li ens must reduce alcohol sales to below 25% of gross yearly income or oth ise bring the use into compliance with the applicable regulations. F. Deleting subsection 14-4A-4E ating an Drinking Establishments, and substituting in lieu thereof: E. Eating and Drinking Establish nts 1. Characteristics Establishments where a principal activity is t e preparation, dispensing and consumption of foo and/or beverages. Depen ing on the type of establishment, food and/or beverages ay be consumed on or off o the premises. These uses may vary with regard to tr fic generation, congestion, and the potential for off-site impacts. Therefore, th size, location, and accessory uses ermitted may be regulated differently b sed on the underlying zoning. 2. Examples Examples include uses from the two subgroups list d below: a. Eatinp Establishments: Restaurants; cafes; c feterias; coffee shops; delicatessens, tearooms; dining rooms; supp r clubs; fast food restaurants; ice cream parlors. b. Drinking Establishments: Any use that meets all of the defining characteristics listed in sub-subparagraphs (1 ), (2), and (3), below, is considered a Drinking Establishment for purposes of this Title, unless listed as an exception in Ordinance No. Page 7 paragraph 4, below. (1) The principal activity of the establishment is the preparation, dispensing and consumption of food and/or beverages; and (2) The establishment is licensed by the State for the sale of alcoholic beverages for on-site consumption, as defined by Iowa Code Chapter 123; and (3) The establishment is open for business on a regular basis any time between the hours of 12:00 AM and 2:00 AM. 3. Accessory Uses Off-street parking. Drive-through facilities and sidewalk cafe seating are accessory uses that are subject to additional regulations as set forth in Article 14-4C, Accessory Used and Buildings. 4. Exce tions a. Establishments featuring nude dancing are considered an Adult Business use. b. estaurants and/or bars that are associated with aHospitality-Oriented Retail e and that have been issued a Class B liquor control licens~j~are considered ac essory to the subject Hospitality-Oriented Retail Use an pare not con 'dered Eating or Drinking Establishments or Alcohol- rented Retail Uses.~~ G. Deleting subs~,ction 14-4A-4H, Retail Uses, and substituti in lieu thereof: H. Retail Uses 1. Characteristics '~~ Establishments invo`l`ved in the sale, lease, or rent o new or used products to the general public for personal or household consu ion and establishments involved in the sale of personal se~ices, hospitality servi s, or product repair services to the general public. 2. Examples ~'~. Examples include uses frorr~r~the six s groups listed below: a. Sales-oriented: Stores~,sellin ,leasing, or renting consumer, home, and business goods, includi~ ,but not limited to, antiques, appliances, art, art supplies, bicycles, car tag, clothing, dry goods, electronic equipment, fabric, flowers, furniture, den supplies, gifts, groceries, hardware, household products, jewel ,pets, pet od, pharmaceuticals, plants, printed material, stationery, vi os. Also includes retail establishments that have a cottage industry c ponent, such as b~eries, confectioneries, upholsterer, artist/a an's studios, and simil r. b. Pees al Service-Oriented: Estab 'shments engaged in providing retail s ices and services related to th~ care of a person or a person's apparel, uch as retail banking establishme s, Laundromats, catering services, dry cleaners, tailors, shoe repair, photographic studios, photocopy services, quick printing services, blueprint services, eauty salons, tanning salons, therapeutic massage establishments, axidermists, mortuaries, funeral homes, and crematoriums. c. Repair-Oriented: Repair of consumer g ods, such as electronics, bicycles, office equipment; appliances. d. Hospitality-Oriented: Hotels; motels; convention centers; guesthouses; commercial meeting halls/event facilities. e. Outdoor Storage and Display-Oriented: Uses that typically include large areas of outdoor storage or display, such as lumber yards; sales or leasing of consumer vehicles, including passenger vehicles, light and medium trucks, and recreational vehicles; sales of landscaping materials and nursery Ordinance No. Page 8 products to the general public; farm supply and implement sales; equipment or vehicle rental businesses. Alcohol Sales-Oriented: liquor stores; wine shops; grocery stores, convenience stores, and other retail establishments for which a Class E liquor control license or wine or beer permit has been issued that allows sale of alcohol or alcoholic beverages in closed containers for off-premise consumption. 3. Accessory Uses Offices; storage of goods; assembly, repackaging, or processing of goods for on-site sale; off-street parking, services incidental to the sale of goods; wholesale sales. Drive-through facilities are accessory uses that are su ject to additional regulations outlined in Article 14-4C, Accessory Uses and Buildin .Crematoriums, for either human or pet remains, may be an accessory use to a uneral home or mortuary. 4. E ceptions a. Lumber yards and other building material su pliers that sell primarily to contractors and do not have a retail orients on are classified as Wholesale ales. b. pair of consumer motor vehicles, motor ycles, and light and medium trucks is c ssified as Vehicle Repair. Repair a d service of industrial vehicles and equi ent, and heavy trucks is classifi d as Industrial Service. c. Sales, ntal, or leasing of heavy truck and equipment is classified as Wholesa Sales. d. Firms that imarily sell tree nursery roducts and landscaping materials to other retail o lets rather than to th general public are considered Wholesale Sales. e. Restaurants and r bars that Use and that have een issue accessory to the subs ct Hos considered Drinking Es bli f. Drinking Establishments a n even if they have a liquor t of alcohol, wine, or beer i clo g. A use is not considered an AI ar associated with aHospitality-Oriented Retail a Class B liquor control license are considered itality-Oriented Retail Use and are not ments or Alcohol-Oriented Retail Uses. of considered Alcohol Sales-Oriented Uses, rol license or wine or beer permit that allows sale ed containers for off-premise consumption. c of Sales-Oriented Use if an Accessory Alcohol Sales Certific e has bee granted according to the process set forth in 14-4A-2G, Use cl sification for stablishments that sell alcohol. h. Bed and Breakfast ns and Bed an reakfast Homestays are considered accessory uses to owner-occupied De ched Single Family Dwellings and are regulated accord' g to the provisions sp cified for such uses in Article 14-4C, Accessory Use and Buildings. i. A pet cremator um, if a principal use on a pr perty, is considered an Animal- Related Com ercial Use. Pet crematoriums ay also be an accessory use to a veterinary inic. H. Deleting subparagraph 14-4A-4F-4b, and substituting irl~ieu thereof: b. A convenience store located on the same lot as a ick Vehicle Servicing use is regul ed as a separate principal use, Sales-Orien d Retail or Alcohol Sales- riented Retail, whichever is applicable. Deleting par graph 14-4B-4B-9 and substituting in lieu thereof: 9. Eating a Drinking Establishments in the CN-1, MU, and CO-1 Zones a. Theo cupancy load for any one establishment will not exceed 100, except as allowed in subparagraph c., below. Ordinance No. Page 9 b. Drive-through windows and drive-through lanes are prohibited. c. In the CN-1 Zone, the maximum occupancy load may be increased to 125 by special exception, provided that the following criteria are met: (1) The increased floor area will be supportable primarily by residents of the surrounding area; (2) The proposed exception will result in a more attractive neighborhood commercial development due to the presence of outdoor eating areas that enhance the pedestrian orientation of the development, additional parking lot landscaping, additional vegetative buffers, or other site improvements. (3) The proposed exception will be consistent with t e stated intent of the N-1 Zone. d. Drinking tablishments are not allowed in the MU an CO-1 Zones. e. In the CN-1 one, a Drinking Establishment, as defin din this Title, must be separated by minimum distance of 500 feet from y other Drinking Establishment. istance shall be measured along straight line from the nearest propertyY~ne (or nearest point of the leas d building space) of the proposed use to the nearest property line (or ne rest point of the leased building space) of ar1,y other Drinking Establish ent. For example, in the case of a Drinking Establishment that is located o a lot with multiple leased spaces, such as a shopping mall, the dista a is measured from the nearest point of the leased buildirg space occupie by a Drinking Establishment to the nearest property line or leaded building ace of any other Drinking Establishment. \', J. In subsection 14-4B-4B, adding a neviA.~a~graph 10 as follows, and renumber remaining paragraphs accordingly: 10. Drinking Establishments in the H-'Iti,CC-2, CB-2, CB-5, CB-10 Zones A Drinking Establishment, as de ' ed in t is Title, must be separated by a minimum distance of 500 feet f many of r Drinking Establishment. Distance shall be measured along a str fight line from he nearest property line (or nearest point of the leased building ace) of the prop sed use to the nearest property line (or nearest point of the eased building spa ) of any other Drinking Establishment. For exam e, in the case of a Dri ing Establishment that is located on a lot with mul ple leased building spac ,such as a shopping mall, the distance is measur d from the nearest point oft a leased building space occupied by a Drinkin Establishment to the nearest roperty line or leased building space of an other Drinking Establishment. K. Deleting the titles for p ragraphs 14-4B-4B-13 and 14-4B-4 -14, and substituting in lieu thereof: 14. Sales-Oriente Personal Service-Oriented, and Alcoho Sales-Oriented Retail Uses i the CN-1 Zone 15. Sales-Orie ed, Personal Service-Oriented, and Alcohol S es-Oriented Retail Use in the MU Zone L. Deleting par graph 14-4B-4B-15 and substituting in lieu thereof: 16. Sales- riented, and Alcohol Sales-Oriented Retail in the CH-1 Zone Sales-Oriented and Alcohol Sales-Oriented Retail Uses are limited to convenience stores associated with Quick Vehicle Servicing Uses. Ordinance No. Page 10 M. Deleting paragraph 14-4B-4B-17 and substituting in lieu thereof: 18. Hospitality-Oriented Retail in the RM-44, PRM, MU, CO-1, and CN-1 Zones a. Hospitality-Oriented Retail is limited to guesthouses as defined in Article 14-9A of this Title, General Definitions. b. Any accessory dining and/or bar service is limited to guests only and may not be open to the general public. N. In subsection 14-4B-46, adding two new paragraphs, as follows, and renumber the remaining paragraph accordingly: 21. Alcohol Sales-Oriented Retail in the CI-1 Zone Alcohol Sales-Oriented Retail is limited to convenience store associated with Quick X/ehicle Servicing Uses. 22. Alcoh ISales-Oriented Retail Uses in the CB-2, CB-5, nd CB-10 Zones An Alco ISales-Oriented Retail Use must be separated y a minimum distance of 1000 fe t from any other Alcohol Sales-Oriented Ret it Use. Distance shall be measured a ng a straight line from the nearest prope y line (or nearest point of the leased bu ing space) of the proposed use to th nearest property line (or nearest point o e leased building space) of any her Alcohol Sales-Oriented Retail Use. Fore mple, in the case of an Alcoh Sales-Oriented Retail Use that is located on a t with multiple leased spa s, such as a shopping mall, the distance is measured om the nearest point the leased building space occupied by an Alcohol ales-Oriented Re it Use to the nearest property line or leased building space of any other Alcoh Sales-Oriented Retail Use. O. In Section 14-4E-5, adding a newsubsec ~ n G, as follows: G. Nonconforming Drinking Establishment and Alcohol Sales-Oriented Retail Uses In addition to the other provisions in this'- ection, the following provisions apply to nonconforming Drinking Establishmen a~,d nonconforming Alcohol Sales-Oriented Retail Uses. 1. Any Drinking Establishment, as efined in this Title, that was legally established prior to (effective date of this ordin ce) and that is, nonconforming with regard to the separation requirement bet en said uses, as`s{~ecified in this Title, may continue unless one or both of the f lowing situations occ~br. If one or both of these conditions occur, then no conforming rights cease`~nd the use must convert to a conforming use: '`: a. The liquor license I ses, is revoked or is discontin d for a period of one year; or b. There are change to the use such that the use no to ger meets the definition of Drinking Establis ment. 2. Any Alcohol Sales- riented Retail Use, as defined in this Ti , established prior t the (effective date of this ordinance) that i regard to the se continue unless conditions oc i conforming e, a. The liqu b. There Alcohol ration requirement between said uses, as spy ne or both of the following situations occur. If then nonconforming rights cease and the use that was legally ionconforming with ified in this Title, may ~ or both of these m t convert to a r license lapses, is revoked or is discontinued for a period~of one year; or re changes to the use such that the use no longer meets the definition of Sales-Oriented Retail Use. 3. For pufposes of this subsection, sidewalk cafes shall not be considered an expansion of a nonconforming use. Ordinance No. Page 11 P. In Article 14-9A, General Definitions, adding the following definitions: Alcohol Sales-Oriented Retail Use: See "Retail Uses" as defined in Article 14-4A, Land Use Classification. Drinking Establishment: See "Eating and Drinking Establishments" as defined in Article 14-4A, Land Use Classification. Q. In Article 14-gA, General Definitions, delete the definitions for " sting and Drinking Establishment" and "Restaurant," and substitute, respectively in lieu thereof: Eating stablishment: See "Eating and Drinking Establis ents" as defined in Article 14 A, Land Use Classification. Restaurant. n Eating Establishment as defined in icle 14-4A, Land Use Classification. SECTION II. REPEALE .All ordinances and parts of ord~ ances in conflict with the provisions of this Ordinance are hereby pealed. SECTION III. SEVERABIL Y. If any section, prov~ ion or part of the Ordinance shall be adjudged to be invalid or unco titutional, such adj ication shall not affect the validity of the Ordinance as a whole or any ection, provisio or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DA approval and publication. Passed and approved this MAYO R ATTEST: CITY CLERK nce shall be in effect after its final passage, 20 =:. This O day of~ Approved by City Attorney's Office City of Iowa City MEMORANDUM Date: February 27, 2009 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Proposed amendments to the zoning code regulating businesses that sell alcohol The City Council has had ongoing discussions regarding underage and over-consumption of alcohol in the community. One factor identified as a problem by the Council is the concentration of bars in downtown Iowa City and more recently the proliferation of liquor stores in the downtown area. The Council requested that City staff investigate zoning regulations that would prohibit or limit the possibility of additional bars and liquor stores locating downtown and also prevent concentration of bars in other commercial areas as well. It is not uncommon for communities to regulate the location of bars in relationship to other establishments that serve alcohol. Such regulations often take the form of separation requirements between bars and/or liquor stores ranging between 300 to 1,000 feet. One of the more difficult tasks in drafting such an ordinance is distinguishing bars, for which the principal activity is the sale of alcohol for on-site consumption, from other establishments for which the sale of alcohol or alcoholic beverages is merely an accessory activity to the principal use of the property, such as a restaurant, theater, bowling alley, hotel, convention center, etc. Similarly, before one can establish a separation requirement for uses such as liquor stores, where the principal activity is the sale of alcohol in closed containers for off-site consumption, one must distinguish such a business from other businesses that have a liquor license to sell alcohol, wine or beer for off-site consumption, but for which such sales do not constitute the main part of sales. The most obvious example of this would be a large grocery store for which the sale of liquor, wine, and beer is only a small percentage of the establishment's sales. The attached, proposed amendments to the zoning code would create a system of regulating the concentration of bars and liquor stores, while at the same time avoiding undue restrictions on businesses for which alcohol sales are not the principal activity. In summary, the attached regulations would: ^ Establish a classification process for businesses that sell alcohol. Prior to issuance of a liquor license the person or entity applying for the liquor license must submit information to the City that details the nature of the business, the type of liquor license applied for and the proposed hours of operation. Staff will review this information with the applicant and determine how the proposed business would be classified according to the use categories in the zoning code. ^ Establish a definition of "Drinking Establishment" as distinguished from a restaurant, hotel, theater, bowling alley, etc. ~~ ^ Establish a definition of "Alcohol Sales-Oriented Use and create a process to exempt businesses from any separation requirement if income derived from the sale of alcohol is less than 25% of gross yearly income. ^ Establish a separation requirement of 500 feet between Drinking Establishments in all zones that allow Drinking Establishments. Drinking Establishments would be February 27, 2009 Page 2 allowed in all zones that currently allow restaurants (CN-1, CH-1, CC-2, CB-2, CB- 5, CB-10), except for the Office Commercial Zone (CO-1) and the Mixed Use Zone (MU). Staff recommends against allowing Drinking Establishments in the CO-1 Zone, because this zoning designation is often located next to low density residential areas and is intended primarily for office uses. Staff is not aware of any restaurants or bars that currently exist in the CO-1 Zone. The Mixed Use Zone is a new zoning designation that allows all types of residential (single family, townhomes, apartments) and compatible commercial uses to be located in the same area. While both the CO-1 and MU Zones would continue to allow restaurants that are open as late as midnight to sell alcoholic beverages, establishments that meet the definition of a Drinking Establishment (see attached) would not be allowed. Establish a separation requirement of 1000 feet between Alcohol Sales-Oriented Retail Uses in the Central Business Zones (CB-2, CB-5, CB-10). Staff recommends limiting this separation requirement to the Central Business Zones, because it seems unlikely that there will be a problem with concentration of liquor stores in areas other than in the downtown. Staff believes that the cost to both the City and the businesses of administering an exemption process for all the grocery stores in town that sell alcoholic beverages would outweigh the benefits of establishing separation requirements in outlying commercial areas, where a concentration of liquor stores is unlikely. Establish rules for existing businesses that would be grandfathered in as nonconforming uses if these regulations are adopted. Similar to the regulation of other nonconforming uses, if the use were to be discontinued for a year or more, then it may not be re-established, but must be converted to a conforming use. The attached draft amendments are red-lined; new language is underlined and language to be deleted is shown with strike-through notation. ~~~~ Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development In 14-4A-2, Classifying Uses, insert a new subsection G as follows: G. Use classification for establishments that sell alcohol 1. ADDIICab111tY Anx use for which an application has been filed for a liauor control license or wine or beer permit is subject to the followma use classification process.. 2. Definitions The following definitions shall apply to terms used in this subsection. a. Alcohol Sales the sale of alcohol and alcoholic beveraaes includina but not limited to alcohol beer or wine in closed containers intended for off- site consumption• and alcoholic beverages includina cocktails, shows wine, beer, and any part of an alcoholic beverage intended for on-site consumption as defined in Chapter 123 of the State Code. b. Licensee Anv person or entity that holds a liauor control license, wine or beer permit issued by the State of Iowa. c. License Anv liauor control license wine or beer permit issued by the State of Iowa that allows sales of alcohol or alcoholic beveraaes. 3. Classification Process a. Prior to issuance of a License for a new use or renewal of a License for a use that was established prior to (the effective date of this ordinance), but which has not vet been classified according to these provisions, the Licensee must submit to the Department of Housing and Inspection Services a verified statement that details the nature of the principal use for which the License will be issued the type of license(s) applied for, and the hours that the establishment will be open for business. The City ma rLreauest any other information deemed necessary to verify and classify the use, including but not limited to business records upon which the statement is based state and federal tax records applications for dram shop insurance and audits performed to determine dram shop insurance premiums and receipts from vendors for goods purchased. b. Based on the information provided by the applicant the type of License being applied for and the classification system set forth in this Article, the City will advise the applicant regarding the classification of the proposed use for zoning purposes and if applicable whether the alcohol sales will be considered a principal or accessory use of the ro e c. If through this use classification process a use that was legally established prior to (the effective date of this ordinance) is determined to be nonconforming with regard to the separation requirements for Drinking Establishments or Alcohol Sales-Oriented Retail Uses, the property file will be tagged by the Building Official or designee as a nonconforming Drinking Establishment or nonconforming Alcohol Sales- Oriented Retail Use as applicable Such a nonconforming use may continue provided it is in compliance with the applicable provisions of 14- 4E Nonconforming Situations. 4. Accessory Alcohol Sales Certification Any use that is classified as an Alcohol Sales-Oriented Retail Use is considered a principal use and subiect to the regulations pertaining thereto unless it is determined that alcohol sales are an accessory use to another principal use of the properly through the following certification process. Any Licensee appplyina for an Accessory Alcohol Sales Certificate must submit verified statements and business records as set forth in the following subparagraphs. a. For existing uses if according to a verified statement issued by a certified public accountant alcohol sales expressed as a percentage of gross vearly income is less than 25 percent (25%) an Accessory Alcohol Sales Certificate will be issued for one near after which time it must be renewed annually at the time the License is renewed. Said statement shall be based on records made in the regular course of the Licensee's business The licensee shall allow upon request the Building Official, City Clerk or designee to examine the business records upon which the statement is based, including state and federal tax records, applications for dram shop insurance and audits performed to determine dram shop insurance premiums and receipts from vendors for goods purchased. b. For new uses if the Licensee estimates, based on their submitted business plan that alcohol sales expressed as a percentage of gross rLearly income will be less than 25 percent (25%) an Accessory Alcohol Sales Certificate will be issued for one year. The certificate must be renewed annually thereafter at the time the License is renewed based on actual sales according to a verified statement from a certified public accountant as described in subparagraph 4a., above. c. If at the time of renewal of the certificate, alcohol sales constitute 25 percent (25%) or more of gross vearly income and the use is not in compliance with zoning requirements for Alcohol Sales-Oriented Uses, a notice of violation will be issued. If the use is in violation of the zoning requirements for Alcohol Sales-Oriented Uses, the Licensee must reduce alcohol sales to below 25% of gross yearly income or otherwise bring the use into compliance with the applicable regulations. Amend 14-4A-4E, as follows: E. Eating and Drinking Establishments 1. Characteristics Establishments where the principal activity is the preparation, dispensing and consumption of ~ food and/or beverages. e€ beverages. Depending on the type of establishment, food and/or beverages may be consumed on or off of the premises. These uses may vary with regard to traffic generation, congestion, and the potential for off-site impacts. Therefore, the size, location, and accessory uses permitted may be regulated differently based on the underlying zoning. 2. Examples Examples include uses from the two subgroups listed below: a. Eating Estab/ishments Restaurants; cafes; cafeterias; coffee shops; delicatessens, tearooms; dining rooms; supper clubs; fast food restaurants; ice cream parlors b. Drinkin4 Estab/ishments Any use that meets all of the defining characteristics listed in sub-subparagraphs (1) (2) and (3), below, is considered a DrinkingEstablishment for purposes of this Title, unless listed as an exception in paragraph 4, below. (1) The principal activity of the establishment is the preparation, dispensing and consumption of food and/or beverages; and (2) The establishment is licensed by the State for the sale of alcoholic beverages for on-site consumption as defined by Iowa Code Chapter 123; and (3) The establishment is open for business on a regular basis any time between the hours of 12:00 AM and 2:00 AM. 3. Accessory Uses OfF-street parking. Drive-through facilities and sidewalk cafe seating are accessory uses that are subject to additional regulations as set forth in Article 14-4C, Accessory Uses and Buildings. 4. Exceptions a. Establishments featuring nude dancing are considered an Adult Business use. b. Restaurants and/or bars that are associated with a Hospitality-Oriented Retail Use and that have been issued a Class B liquor control license are considered accessor r~to the subject Hospitality-Oriented Retail Use and are not considered Eating or Drinking Establishments or Alcohol-Oriented Retail Uses. Amend 14-4A-4H, as follows: H. Retail Uses i. Characteristics Establishments involved in the sale, lease, or rent of new or used products to the general public for personal or household consumption and establishments involved in the sale of personal services, hospitality services, or product repair services to the general public. 2. Examples Examples include uses from the €we six subgroups listed below: a. Sa/es-oriented`. Stores selling, leasing, or renting consumer, home, and business goods, including, but not limited to, antiques, appliances, art, art supplies, bicycles, carpeting, clothing, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts, groceries, hardware, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationery, videos. Also includes retail establishments that have a cottage industry component, such as bakeries, confectioneries, upholsterer, artist/artisan's studios, and similar. b. Persona/Service-Oriented: Establishments engaged in providing retail services and services related to the care of a person or a person's apparel, such as retail banking establishments, Laundromats, catering services, dry cleaners, tailors, shoe repair, photographic studios, photocopy services, quick printing services, blueprint services, beauty salons, tanning salons, therapeutic massage establishments, taxidermists, mortuaries, funeral homes, and crematoriums. c. Repair-Oriented: Repair of consumer goods, such as electronics, bicycles, ofFce equipment; appliances. d. Hospita/ity-Oriented`. Hotels; motels; convention centers; guesthouses; commercial meeting halls/event facilities. e. Outdoor Storage and Disp/ay-Oriented: Uses that typically include large areas of outdoor storage or display, such as lumber yards; sales or leasing of consumer vehicles, including passenger vehicles, light and medium trucks, and recreational vehicles; sales of landscaping materials and nursery products to the general public; farm supply and implement sales; equipment or vehicle rental businesses. f. A/coho/Sa/es-Oriented` liquor stores• wine shops; arocerv stores, convenience stores and other retail establishments for which a Class E I~uor control license or wine or beer permit has been issued that allows sale of alcohol or alcoholic beverages in closed containers for off-premise consumption. 3. Accessory Uses Offices; storage of goods; assembly, repackaging, or processing of goods for on-site sale; off-street parking, services incidental to the sale of goods; wholesale sales. Drive-through facilities are accessory uses that are subiect to additional regulations outlined in Article 14-4C Accessory Uses and Buildings. Crematoriums, for either human or pet remains, may be an accessory use to a funeral home or mortuary. 4. Exceptions a. Lumber yards and other building material suppliers that sell primarily to contractors and do not have a retail orientation are classified as Wholesale Sales. b. Repair of consumer motor vehicles, motorcycles, and light and medium trucks is classified as Vehicle Repair. Repair and service of industrial vehicles and equipment, and heavy trucks is classified as Industrial Service. c. Sales, rental, or leasing of heavy trucks and equipment is classified as Wholesale Sales. d. Firms that primarily sell tree nursery products and landscaping materials to other retail outlets rather than to the general public are considered Wholesale Sales. e. Restaurants and/or bars that are ~e`~.,~~a'v "vm~irr associated with a Hospitality-Oriented Retail Use and that have been issued a Class B liauor control license are considered accessory to the subiect Hospitality- Oriented Retail Use and are not considered Drinking Establishments or Alcohol-Oriented Retail Uses. f. Drinking Establishments are not considered Alcohol Sales-Oriented Uses, even if they have a liquor control license or wine or beer permit that allows sale of alcohol wine or beer in closed containers for off-premise consumption. g. A use is not considered an Alcohol Sales-Oriented Use if an Accessory Alcohol Sales Certificate has been granted according to the process set forth in 14-4A-2G Use classification for establishments that sell alcohol. h. Bed and Breakfast Inns and Bed and Breakfast Homestays are considered accessory uses to owner-occupied Detached Single Family Dwellings and are regulated according to the provisions specified for such uses in Article 14-4C, Accessory Uses and Buildings. i. A pet crematorium, if a principal use on a property, is considered an Animal-Related Commercial Use. Pet crematoriums may also be an accessory use to a veterinary clinic. Amend 14-4A-4F, as follows: F. Quick Vehicle Servicing Uses 1. Characteristics Quick Vehicle Servicing uses provide direct services for motor vehicles where the driver generally waits in the car or on-site before and while the service is performed. The facility may include adrive-through area where the service is performed. Full-serve and mini-serve gas stations are always classified as a principal use, rather than an accessory use, even when they are in conjunction with other uses. 2. Examples Full-serve and mini-serve gas stations; unattended card key service stations; car washes. 3. Accessory Uses Off-street parking and stacking lanes. 4. Exceptions a. Repair and service of consumer motor vehicles, motorcycles, and light and medium trucks is classified as Vehicle Repair and is considered a principal use rather than an accessory use, even when in conjunction with a gas station or other use. A development with both a gas station and automotive repair shop would be classified as containing two principal uses: Quick Vehicle Servicing and Vehicle Repair. b. A convenience store located on the same lot as a Quick Vehicle Servicing use is regulated as a separate principal use, Sales-Oriented Retail or Alcohol Sales-Oriented Retail whichever is applicable. c. Repair and service of industrial vehicles and equipment, and heavy trucks is classified as Industrial Service. d. Fleet vehicle refueling facilities that are located on the site where the fleet vehicles are kept are classified as an accessory use. Amend Table 2A-1 as follows: Table 2A-1 -Principal Uses Atlowed in Single Family Residential Zones USE CATEGORIES SUBGROUPS RR-1 RS-5 RS-8 RS-12 RNS-12 Residential Uses Household Living Uses Detached Single Family Dwellin s P P P P P Detached Zero Lot Line Dwellin s PR PR PR PR Attached Single Family Dwellin s PR PR PR Two-Famil Uses Du lexes PR PR PR PR Grou Households PR PR PR PR PR Multi-Famil Uses See Note Group Living Uses Assisted Grou Livin Inde endent Grou Livin See Note Fraternal Group Living See Note USE CATEGORIES SUBGROUPS RR-1 RS-5 RS-8 RS-12 RNS-12 Commercial Uses Animal-related Commercial General PR Uses Intensive PR nnal Ond Civir Uses Da care Uses S S S S S General PR S S S S Educational Facilities S ecialized Parks and Open Space PR PR PR PR PR Uses Religious/Private Group pR S S S S Assembl Uses3 USE CATEGORIES SUBGROUPS RR-1 RS-5 RS-8 RS-12 RNS-12 Other Uses Agricultural Uses Plant-related P Animal-related Communication Transmission Facilit Uses PR PR PR PR PR P =Permitted PR =Provisional S =Special Exception (See 14-46 for requirements for provisional uses and special exceptions) Notes: 'Multi-Family and Group Living Uses in the RNS-12 zone must comply with the special provisions contained in Section 14-2A-7. z Special provisions may apply to existing Two Family Uses and Attached Single Family Dwellings located on interior lots in the RS-8 Zone. See 14-2A-7D. 3Any establishment that is licensed by the State to sell alcohol or alcoholic beverages is subject to the Use Classification process as set forth in 14-4A-2G. Amend Table 2B-1 as follows: Table 2B-1 - Princi al Uses Allowed in Multi-Famil Residential Zones USE CATEGORIES SUBGROUPS RM-12 RM-20 RNS-20 RM-44 PRM oe~~ae.,•~~i i i~o~ Household Living Uses Detached Sin le Famil Dwellin s P P P Detached Zero Lot Line Dwellin s PR PR PR Attached Sin le Famil Dwellin s PR PR PR Du lexes PR PR PR Grou Households PR PR PR PR PR Multi-famil Dwellin s P P P P P Group Living Uses Assisted Grou Livin S PR PR PR PR Inde endent Grou Livin PR PR PR Fraternal Group Livin PR PR PR PR Commercial Uses Retail Uses Sales-oriented Personal Service-oriented S Re air-oriented Hos italit -Oriented Retail PR PR Outdoor Storage and Display- oriented Alcohol Sales-Oriented Incfifufinnal And Civic Uses CommUnlty S2NICe General Communi Service S S S S S Uses Communi Service -Shelter S S S S S Da care Uses PR PR PR PR PR Educational Facilities General PR PR PR PR PR S ecialized PR Parks and Open Space Uses PR PR PR PR PR Religious/Private Group Assembl Uses'- PR PR PR PR PR Other Uses Communication Transmission Facility Uses P =Permitted PR =Provisional S =Special Exception (See 14-4B for requirements for provisional uses and special exceptions) 'Any establishment that is licensed by the State to sell alcohol or alcoholic beverages is subject to the Use Classification orocess as set forth in14-4A-2G. Amend Table 2C-1 as follows: Table 2C-11CCPrincipal U Ses Allowed ink Com~mercialcZones~ cc-s cs-z cs s cs ~o. Mu :J..a'..1 11 RC.IINCllll al V.7oJ Household Living Uses Detached Single Family P Dwellin s Detached Zero Lot Line PR Dwellin s Attached Single Family PR Dwellin s Du lexes PR Grou Households PR PR PR PR PR PR PR Multi-famil Dwellin s PR PR S PR PR PR/S P Group Living Uses Assisted Group Living PR S PR Inde endent Grou Livin Fraternal Grou Livin 'IUes <r Vllll ll~il Via s Adult Business Uses PR Animal-related General S PR PR PR PR PR Commercial Uses Intensive PR Commercial Outdoor P P S Recreational Uses2 Indoor PR/S PR P P P P P P Commercial Parking Uses Eating & Drinking Establishments2 Eating Establishments Drinkinq Establishments S PR/S PWS P FR P PR PR P PR PR P PR PR P PR S Quick Vehicle Servicing UsesZ S PR PR PR PR PR/S Office Uses General Office P PR P P P P P P P Medical/Dental Office P PR P P P P P P Retail Uses Sales-oriented PR PR PR P P P P PR Personal Service-oriented P PR P P P P PR Re air-oriented P P P P P Hos italit -Oriented Retail PR PR P P P P P PR Outdoor Storage and Display- oriented P PR Alcohol Sales-Oriented PR PR ' PR P PR PR PR PR Surface Passenger Service Uses P P P P P Vehicle Repair Uses PR PR S PR L..l..c~r:~l 1 Icnc Industrial Service Uses P Manufacturing and Technical/Li ht Manufacturin PR PR PR PR PR Production Uses General Manufacturing See Note' PR PR PR PR PR Hea Manufacturin S Salva e O erations Self-Service Storage Uses P Warehouse and Freight Movement Uses P Waste-Related Uses Wholesale Sales Uses P PR PR PR PR nstitutional And Civic Uses Basic Utility Uses PR/S PR/S PR/S PR/ S PR/ S PR/ S PR/S PR/S Community Service General Community Service P S S P P P P S Uses Communi Service -Shelter S S S PR PR S S Da care Uses PR PR PR PR PR PR PR PR PR Detention Facilities S Educational Facilities General PR P P P PR S ecialized P PR P P P P PR Hospitals PR Parks and Open Space PR PR PR PR PR PR PR Uses Religious/Private Group PR P P P P PR Assembly UsesZ utner uses PR PR PR/S PR PR/S PR/S PR/S PR/S PR Communication /S Transmission Facility Uses P =Permitted PR =Provisional S =Special Exception (See 14-46 for requirements for provisional uses and special exceptions) 'Special provisions apply to dairy products processing and packaging facilities established in the Highway Commercial Zone prior to January of 1983. See 14-2C-10B. ZAnv establishment that is licensed by the State to sell alcohol or alcoholic beverages is subject to the Use Classification arocess as set forth in 14-4A-2G. Amend Table 2D-1, as follows: Table 2D-1 -Principal Uses Allowed in Industrial and Research Zones ~ommerclal vacs Commercial Outdoor S S Recreational Uses'- Indoor Office Uses General Office P P P P Medical/Dental Office Retail Uses Sales-oriented Personal Service-oriented Re air-oriented Hos italit -Oriented Retail S S Outdoor Storage and Display- oriented Alcohol Sales-Oriented 'IU Inuuatrl8 aca Industrial Service Uses P P P - P Manufacturing and Technical/Li ht Manufacturin P P Production Uses General Manufacturin PR P Hea Manufacturin S P Salva e O erations S Self-Service Storage P P Uses Warehouse and Freight P P PR PR Movement Uses Waste-Related Uses PR PR PR PR Wholesale Sales Uses P P Ilc IIIaLIl4LIVIIQI AIIV v~~~~. v ~~..~ PR PR PR/S PR/S Basic Utilit Uses es and Colle Public g S S Universities Private Community Service General Communit Service S Uses Communit Service -Shelter PR PR Da care Uses PR PR Parks and Open Space Uses Other Uses -- Aviation-related Uses Airports Helico ter Landin Facilities S S S S Extraction Uses PR S S Communication PR PR Transmission Facility Uses P =Permitted PR =Provisional S =Special Exception (See 1446 for requirements for provisional uses and special exceptions) 'Anv establishment that is licensed by the State to sell alcohol or alcoholic beverages is subject to the Use Classification process as set forth in 144A-2G. Amend 14-4B-4B-9 as follows and add new paragraph 10 to this subsection: 9. Eating and Drinking Establishments in the CN-1, MU, and CO-1 Zones a. The occupancy load for any one establishment will not exceed 100, except as allowed in subparagraph c., below. b. Drive-through windows and drive-through lanes are prohibited. c. In the CN-1 Zone, the maximum occupancy load may be increased to 125 by special exception, provided that the following criteria are met: (i) The increased floor area will be supportable primarily by residents of the surrounding area; (2) The proposed exception will result in a more attractive neighborhood commercial development due to the presence of outdoor eating areas that enhance the pedestrian orientation of the development, additional parking lot landscaping, additional vegetative buffers, or other site improvements. (3) The proposed exception will be consistent with the stated intent of the CN-1 Zone. d. Drinking Establishments are not allowed in the MU and CO-1 Zones. e. In the CN-1 Zone a Drinking Establishment as defined in this Title, must be separated by a minimum distance of 500 feet from any other Drinkina Establishment Distance shall be measured along a straiaht line from the nearest property line (or nearest point of the leased buildina space) of the proposed use to the nearest property line (or nearest point of the leased buildinq_space) of any other Drinkina Establishment. For example, in the case of a Drinkinq_Establishment that is located on a lot with multiple leased spaces such as a shopping mall, the distance is measured from the nearest point of the leased buildina space occupied by a Drinking_Establishment to the nearest property line or leased buildina space of any other Drinking Establishment. 10. Drinking Establishments in the CH-1, CC-2, CB-2, CB-5, CB-10 Zones A Drinkina Establishment as defined in this Title, must be separated by a minimum distance of 500 feet from any other Drinkina Establishment. Distance shall be measured alona a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased buildina space) of any other Drinkina Establishment For example in the case of a Drinkina Establishment that is located on a lot with multiple leased spaces, such as a shopping mall the distance is measured from the nearest point of the leased building space occupied bra Drinkina Establishment to the nearest property line or leased building space of any other Drinking Establishment. Amend paragraphs 14-4B-4B-13, 14, 15, and 17 as follows and add paragraphs 18 and 19 to this subsection. 13. Sales-Oriented Retail, Personal Service-Oriented Retail, and Alcohol Sales-Oriented Retail Uses in the CN-1 Zone a. Each such use is limited to 2,400 square feet of gross floor area, except as provided below: (i) Drugstores and hardware stores may contain up to 15,000 square feet of gross floor area. (2) Grocery stores, including sales of specialty food items, such as bakery and delicatessen goods, may contain up to 30,000 square feet of gross floor area. Grocery stores that include other departments for goods and services allowed in the CN-1 Zone may contain up to 40,000 square feet of gross floor area, provided that any floor area that exceeds 30,000 square feet is departmentalized for nonfood products and services. (3) Except for the uses listed in subparagraphs a. and b., above, the limit on floor area for any one use may be increased from 2,400 square feet up to 5,000 square feet by special exception, provided that the following criteria are met: (a) The increased floor area will be supportable primarily by residents of the surrounding area; (b) The proposed exception will be consistent with the stated intent of the CN-1 Zone. b. Crematoriums, if proposed as a principal use, are not permitted in this Zone. Crematoriums are allowed if they are accessory to a funeral home and meet all other provisions of this paragraph. 14. Sales-Oriented, Alcohol Sales-Oriented, and Personal Service- Oriented Retail in the MU Zone a. Any such use is limited to 2,400 square feet of gross floor area. b. The limit on floor area for any one use may be increased from 2,400 square feet up to 5,000 square feet by special exception, provided that the following criteria are met: (a) The increased floor area will be supportable primarily by residents of the surrounding area; (b) The proposed exception will be consistent with the stated intent of the MU Zone. c. Crematoriums, if proposed as a principal use, are not permitted in this Zone. Crematoriums are allowed if they are accessory to a funeral home and meet all other provisions of this paragraph. 15. Sales-Oriented, and Alcohol Sales-Oriented Retail in the CH-1 Zone Sales-Oriented and Alcohol Sales-Oriented Retail Uses are limited to convenience stores associated with Quick Vehicle Servicing Uses. 16. Sales-Oriented Retail in the CI-i Zone Sales-Oriented Retail is limited to the following specific uses: a. Convenience stores associated with Quick Vehicle Servicing Uses; b. Retail establishments that primarily sell building supplies, auto supplies, hardware, paint, flooring materials, furniture, or appliances. c. Sales-Oriented Retail associated with aRepair-Oriented Retail, Industrial Service, Light/Technical Manufacturing, or General Manufacturing Use, provided that the floor area devoted to the retail display of merchandise does not exceed 50% of the total ground floor area or 5,000 square feet, whichever is less. d. Consignment stores as defined in Article 14-9A, General Definitions. 17. Hospitality-Oriented Retail in the RM-44, PRM, MU, CO-1, and CN-1 Zones a. Hospitality-Oriented Retail is limited to guesthouses as defined in Article 14-9A of this Title, General Definitions. b. Any accessory dining and/or bar service is limited to guests only and may not be open to the general public. Add new paragraphs 21 and 22 to subsection 14-4B-4B as follows: 21 Alcohol Sales-Oriented Retail in the CI-1 Zone Alcohol Sales-Oriented Retail is limited to convenience stores associated with Quick Vehicle Servicing Uses. 22. Alcohol Sales-Oriented Retail Uses in the CB-2, CB-5, and CB-10 Zones An Alcohol Sales-Oriented Retail Use must be separated by a minimum distance of 1000 feet from any other Alcohol Sales-Oriented Retail Use. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building space) of any other Alcohol Sales-Oriented Retail Use. For example~in the case of an Alcohol Sales-Oriented Retail Use that is located on a lot with multiple leased maces, such as a shopping mall, the distance is measured from the nearest point of the leased building space occupied by an Alcohol Sales-Oriented Retail Use to the nearest property line or leased building space of any other Alcohol Sales- Oriented Retail Use. Amend 14-4E-5 by inserting a new subsection G, as follows: G. Nonconforming Drinking Establishments and Alcohol Sales-Oriented Retail Uses In addition to the other provisions in this Section the following provisions apply to nonconforming Drinking Establishments and nonconforming Alcohol Sales-Oriented Retail Uses. 1. Any Drinking_Establishment as defined in this Title, that was legally established prior to (effective date of this ordinance) and that is nonconforming with regard to the separation requirement between said uses, as specified in this Title may continue unless one or both of the following situations occur If one or both of these conditions occur then nonconforming rights cease and the use must convert to a conforming use: a. The liguor license lapses is revoked or is discontinued for a period of one year; or b. There are changes to the use such that the use no longer meets the definition of Drinking Establishment. 2. Any Alcohol Sales-Oriented Retail Use as defined in this Title, that was leaally established prior to the (effective date of this ordinance) that is nonconforming_with regard to the separation requirement between said uses, as specified in this Title may continue unless one or both of the following situations occur If one or both of these conditions occur, then nonconforming rights cease and the use must convert to a conforming use. a. The liguor license lapses is revoked or is discontinued for a period of one year; or b. There are changes to the use such that the use no longer meets the definition of Alcohol Sales-Oriented Retail Use. 3. For purposes of this subsection sidewalk cafes shall not be considered an expansion of a nonconforming use. Amend 14-9A, General Definitions by adding and amending the following definitions: ALCOHOL SALES-ORIENTED USE• See "Retail Uses" as defined in Article 14-4A, Land Use Classification. DRINKING ESTABLISHMENT• See "Eating and Drinkina Establishments" as defined in Article 14-4A, Land Use Classification. EATING ESTABLISHMENT: See "Eating and Drinking Establishments" as defined in Article 14-4A, Land Use Classification. RESTAURANT: An Eating a~-g Establishment "~-~ ~"~ ^'`^°`°'1 ~~ ~~ as defined in Article 14-4A, Land Use Classification. City of Iowa City MEMORANDUM Date: March 27, 2009 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Regulating businesses that sell alcohol -follow-up At your meeting on March 5, the Commission requested information about the number of liquor licenses issued downtown and whether that number has increased over the last ten years. The following table lists the number of licenses issued each year in the CB-10 Zone for on-premise consumption. As you can see there has been an increase of more than 50% in the last ten years in the number of licenses issued. Year 1999 2000 2001 2002 2003 2004 2005 2006 2007 -2008 # liquor licenses 30 33 41 43 43 44 43 52 46 46 There was also a question about whether a restaurant that remains open after midnight on an occasional basis for private parties, such as a wedding reception would then by definition be considered a "drinking establishment." Our response was that if the event was private and not open to the general public, then it would not cause the restaurant to be classified as a drinking establishment. To make this clear in the ordinance, we suggest adding the following underlined words to the definition of "drinking establishment": Drinking Estab/ishments Any use that meets all of the defining characteristics listed in sub-subparagraphs (1), (2), and (3), below, is considered a Drinking Establishment for purposes of this Title, unless listed as an exception in paragraph 4, below. (1) The principal activity of the establishment is the preparation, dispensing and consumption of food and/or beverages; and (2) The establishment is licensed by the State for the sale of alcoholic beverages for on-site consumption, as defined by Iowa Code Chapter 123; and (3) The establishment is open for business on a regular basis any time between the hours of 12:00 AM and 2:00 AM. It should be noted that this would not preclude the City from using the use classification system in 14-4A to prevent someone from attempting to circumvent these regulations by claiming that they are having a "private" party every night after midnight when in fact there is no special event with a guest list. In other words if the actual activity on the site matches the definition of a Drinking Establishment it will be classified as a Drinking Establishment regardless of what the activity is called. Establishments with On-Premise Alcohol Sales Downtown ,, _._ ~~ i U L-_ ~ _ '._.~ -- l _ __ - -- :: ~ ~ ~ _~ .~, ,"~ f ~~ .a.. , , ,~- ~ , -- - l ~wY~il ,a l~o~c 'n rt i~1 ~ ~ ~ ~ ~~ I ~~ a~sM a ~~ _~. 3 _ ~_ ~-_--~1_._ - ~ ~ ,~.,..,.,,._~, --.- -_-.,a. ~~ ~ ~ ~ t :._r~l + ~ ~ _._F~' COLL I: vi I 1 ,~ N . ,.. = ~ ` - ~ If i~ 7 _ . ~ _ _ J ~ - ----. l ~; - -- tff _u_,~ ~-, ', l -I'~~-~1-__.~'~ ------~_ ~~ - ~~-- ,.~~~ I~~ 1I KEY Drinking Establishments - On-premise alcohol sales, Cbse before midnight 250-Foot ratlius around TabllsMnents wtth on-premise acohol sales, except those tlosing before mkfnight ibY"'~~ C&10 zonlnq taundary ~C nC 0 100 200 300 400 500 N Scale in Feet I a~ [~j0 ~~ .: _ ~~ r ~. ~ l ~` U ~; _ _ _ _ . ~~~I ~._ - -- ~_ ~:. ~: i ~. '_i `'; _. ~_~ ~ ~~ ~ - - Establishments with On-Premise Alcohol Sales Downtown i ~ ~ r4 ~~ '~ Ih I III rnJ°l~I~ I ~fl'1~ 0 ~oa'~'a:~i ~~-- -0 _ __ _. ___ _ _ D . _, __ a C~~~ s ~: .~ ~ ~I i ~, ~~~ , - , ,~_ .r ~ ; ___~ ~~ i ~ ~. HARRISON ~_ - ~- -J ff --~~ .~. KEY Drinking Es[aNishments I - ' Ori-premise alcdwl sales; __J Close before midnight 500-loot ratllus around establishments wtth on-premise alcohol sales, except Nose tlosing before mklnlght _.' C&10 Zoning boundary ~~~%rF. .~ ~ ~ I 0 100 200 300 400 500 N Scale in Feet I Existing Alcohol Sales-Oriented Uses in the CB Zones ~ ~ L'~O D ~ I o. ~~~ BLGG1AaQTGl18T - ~ -, r , - ~ c~' o ~ _ ~ ~-,, ....:.E .- L -- ( - s~ 'I '- ~ l ~ M.,n~E. sr r -- ~ ~~ ,~, -- '- -' ~ ~ ., r,,.. ~ ^~ 9 P g T ~ r' ~ ., i .. ', ~ ~, ~ ~~ ,~ dl r ...... t, ~l _ _ ___ C r~ ~ _ ___ ^ 9 _ ,. ~ ._.... I • - 4 ,. ;~I ~ lG _ ~ ~ ~~- .. s-~~ ' -° ~, --- ... ~ o ~~~ ~ I ,~ _ - ~ .. ~ TON 9T ~ ,, ,i o jr ~ ~ ~ ~_,. - - l _.__' _ R ~I`_ 3 E COLLEGE 9T ~~ C - i C ;4 n ,. ~ o ,, __ 9URl1NGTON ST .. •• ~..~ ._ .w~r I ~ -~ ~ 0~~ 1 , _ ,. _ ~ ~,,~ _; - p , q o ~-- -- ' ~~ -. _. ~ 0 I~ ~ ~ ~C ~ : ~ ~~ i S I '-~ 3 ~~ ~~ waa~son r 1 0~ l L ~ i -U ~ s o I ICI ~ ~ ~ C?~ a L ~' a i ~ D ~ o ~ f KEY O (E zones Akonol Sales-Orientetl Uses N u 100Pfoot radius around establlshm~CS zao sm I sa.., r..r V ~~ Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; (319)356-3243 (REZOS-00011) ORDINANCE NO. 09-4336 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 0.98 ACRES OF PROPERTY LOCATED NORTH OF ROHRET ROAD FROM INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL, 40.13 ACRES FROM RURAL RESIDENTIAL (RR-1) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) AND 57.49 ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY SINGLE-FAMILY RESIDENTIAL (OPD-5). (REZ08- 00011) WHEREAS, S & J Development LLC (Owner) has requested a rezoning of property located north of Rohret Road and east of Slothower Road from Interim Development Single-Family Residential (ID-RS) to Low Density Single-Family Residential (RS-5); from Rural Residential (RR-1) to Low Density Single-Family Residential (RS-5); and from Low Density Single-Family Residential (RS-5) to Planned Development Overlay Low Density Single-Family Residential (OPD-5); and WHEREAS, the Comprehensive Plan indicates that the area is appropriate for single family housing; and WHEREAS, Owner has requested a reduction in wetland buffers and wetland mitigation, which requires a Level II Sensitive Areas Review and Planned Development Overlay Rezoning. The Planning and Zoning Commission has reviewed the requirements for wetland buffer reduction and mitigation and has found that the proposal meets the requirements as outlined in Section 14-51-6 of the Iowa City Zoning Code; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for improvement of Rohret Road to City standards, approval of the wetland mitigation plan, and a plan for the long-term maintenance of the wetland by the home owners' association; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request over and above existing regulations in order to satisfy public needs caused by the requested change; and WHEREAS, Owner has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The properties described below are hereby reclassified: 1. From its current zoning designation of ID-RS to OPD-5 Commencing at the North Quarter Corner of Section 24, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S89°47'19"E, along the North Line of the Northeast Quarter of said Section 24, a distance of 634.00 feet, to the POINT OF BEGINNING; Thence continuing S89°47'19"E, along said North Line, 342.27 feet; Thence Southwesterly, 318.98 feet, along an arc of a 1720.00 foot radius curve, concave Northwesterly, whose 318.53 foot chord bears S62°48'47"W; Thence N21 °52'26"W, 158.18 feet, to said POINT OF BEGINNING, and also, Commencing at the North Quarter Corner of Section 24, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S89°47'19"E, along the North Line of the Northeast Quarter of said Section 24, a Ordinance No. 09-4336 Page 2 distance of 1400.09 feet, to the POINT OF BEGINNING; Thence continuing S89°47'19"E, along said North ° ~~ Line, 291.81 feet, to its intersection with the Centerline of Rohret Road; Thence S67 18'23 W, along said Centerline, 51.72 feet; Thence S67°00'50"W, along said Centerline, 52.57 feet; Thence S60°26'59"W, along said Centerline, 88.13 feet; Thence S59°56'46"W, along said Centerline, 61.62 feet; Thence N29°33'01"W, 133.21 feet, to said POINT OF BEGINNING, Said Parcels contain 0.98 acre, more or less, and are subject to easements and restrictions 2 . From its current zoning of RR-1 to OPD-5: Commencing at the South Quarter Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence N01°15'46"E, along the West Line of the Southeast Quarter of said Section 13, a distance of 139.57 feet, to the POINT OF BEGINNING; Thence continuing N01°15'46"E, along said West Line, 1420.85 feet; Thence S88°38'52"E, 101.15 feet; Thence S39°50'42"E, 158.00 feet; Thence N50°09'18"E, 230.00 feet; Thence N33°54'18"E, 173.50 feet; Thence S67°05'42"E, 336.00 feet; Thence S22°54'18"W, 55.00 feet; Thence S07°54'18"W, 297.07 feet; Thence S29°37'33"W, 60.57 feet; Thence S53°35'48"E, 662.14 feet, to a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Recorded Plat thereof; Thence S68°04'47"W, along said West Line, 60.00 feet; Thence S46°03'38"E, along said West Line, 330.10 feet; Thence S53°55'32"E, along said West Line, 235.85 feet; Thence S21 °17'53"E, along said West Line, 412.93 feet, to the Southwest Corner thereof, and a Point on the Centerline of Rohret Road; Thence S68°42'07"W, along said Centerline, 18.85 feet; Thence S67°18'23"W, along said Centerline, 79.70 feet, to its intersection with the South Line of said Southeast Quarter; Thence N89°47'19"W, along said South Line, 291.81 feet; Thence N29°33'01"W, 173.66 feet; Thence N44°07'58"W, 92.84 feet; Thence Southwesterly, 349.22 feet, along an arc of a 1720.00 foot radius curve, concave Northwesterly, whose 348.62 foot chord bears S51 °41'01 "W, to a point on said South Line; Thence N89°47'19"W, along said South Line, 342.27 feet; Thence N21°52'26"W, 150.82 feet; Thence N12°36'51"W, 60.83 feet; Thence N22°17'21"W, 135.16 feet; Thence S64°30'09"W, 57.17 feet; Thence S70°59'48"W, 117.60 feet; Thence S78°00'56"W, 223.03 feet; Thence S40°13'58"W, 108.48 feet; Thence S50°14'53"E, 124.04 feet; Thence S37°18'02"W, 15.40 feet; Thence N55°09'02"W, 176.92 feet, to said POINT OF BEGINNING, containing 40.13 acres, more or less, and subject to easements and restrictions of record. 3. From RS-5 to OPD-5, subject to the Conditional Zoning Agreement attached hereto and incorporated herein: Commencing at the South Quarter Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence N01°15'46"E, along the West Line of the Southeast Quarter of said Section 13, a distance of 139.57 feet, to the POINT OF BEGINNING; Thence continuing N01°15'46"E, along said West Line, 2141.50 feet, to the Southwest Corner of Auditor's Parcel 2002031, in accordance with the recorded plat thereof; S89°44'32"E, along said South line, 361.42 feet, to the Southeast Corner thereof; Thence N01°16'10"E, along the East line of said Auditor's Parcel, 361.50, to the Northeast corner thereof; Thence S89°44'30"E, 354.25 feet, to the Northwest Corner of Country Club Estates Second Addition, Iowa City, Iowa, in accordance with the recorded plat thereof; Thence S14°51'48"E, along the West Line of said Country Club Estates Second Addition, 221.57 feet; Thence S14°38'33"E, along said West Line, 97.48 feet; Thence S00°07'09"E, along said line, 75.66 feet; Thence S18°21'00"W, along said line, 91.60 feet; Thence S20°38'15"W, along said line, 126.29 feet; Thence S11°37'37"W, along said line, 478.88 feet, to a point on the West Line of Country Club Estates First Addition; Thence N78°22'23"W, along said West line 217.77 feet; Thence S33°57'16"W, along said line, 170.83 feet; Thence S00°54'29"W, along said line, 80.00 feet; Thence S16°43'33"E, along said line, 83.79 feet; Thence S78°22'23"E, along said line, 287.00 feet; Thence N11°37'37"E, along said line, 170.36 feet; Thence S78°22'23"E, along said South Line, 120.00 feet; Thence S11 °37'37"W, along said line, 60.33 feet; Thence S78°22'23"E, along said line, 60.00 feet; Thence Northeasterly 39.27 feet, along said South Line and an arc of a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N56°37'37"E; Thence S78°22'23"E, along said line, 45.55 feet; Thence Southeasterly 31.07 feet, along said line and an arc of a 325.00 foot radius curve, concave Northeasterly, whose 31.06 foot chord bears S81°06'43"E; Thence S03°20'14"W, along said line, 126.16 feet; Thence S88°32'31"E, along said line, 226.92 feet, to the Northwest Corner of Auditor's Parcel 2006047, to Iowa City, Iowa, in accordance with the recorded plat thereof; Thence S01 °27'29"E, along the West Line of said Auditor's Parcel, 10.15 feet; Thence N81°43'30"E, along the South Line of said Auditor's Parcel, 169.98 feet, to a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Ordinance No. 09-4336 Page 3 Recorded Plat thereof; Thence S19°45'01"E, along said line, 386.21 feet; Thence S68°04'47"W, along said West Line, 60.00 feet; Thence S46°03'38"E, along said West Line, 330.10 feet; Thence S53°55'32"E, along said West Line, 235.85 feet; Thence S21°17'53"E, along said West Line, 412.93 feet, to the Southwest Corner thereof, and a Point on the Centerline of Rohret Road; Thence S68°42'07"W, along said Centerline, 18.85 feet; Thence S67°18'23"W, along said Centerline, 131.42 feet; Thence N67°00'50"W, along said Centerline, 52.72 feet; Thence S60°26'59"W, along said Centerline, 88.13 feet; Thence S59°56'46"W, along said Centerline, 61.62 feet; Thence N29°33'01"W, 306.87 feet; Thence N44°07'58"W, 92.84 feet; Thence Southwesterly, 668.20 feet, along an arc of a 1720.00 foot radius curve, concave Northwesterly, whose 664.01 foot chord bears S56°59'48"W; Thence N21 °52'26"W, 309.00 feet; Thence N12°36'51"W, 60.83 feet; Thence N22°17'21"W, 135.16 feet; Thence S64°30'09"W, 57.17 feet; Thence S70°59'48"W, 117.60 feet; Thence S78°00'56"W, 223.03 feet; Thence S40°13'58"W, 108.48 feet; Thence S50°14'53"E, 124.04 feet; Thence S37°18'02"W, 15.40 feet; Thence N55°09'02"W, 176.92 feet, to said POINT OF BEGINNING, containing 57.49 acres, more or less, and subject to easements and restrictions of record. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and 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. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. and approved this day of May , 20 09 . ATTEST: ~I~urt-u~ PS • ~~y ~ I ~6LERK J~ ~ City Attorney's Office e~ ~~~, ~~ Ordinance No. 09-4336 Page 4 It was moved by Wilburn and seconded by 0' Donnell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright First Consideration 4/6/2009 Vote for passage: AYES: Wilburn, Bailey, Correia. ABSENT: None. Second Consideration 4/20/2009 Vote for passage: AYES: Bailey, Champion, Correia. ABSRN'T'~ None. Date published 5 / 13 / 2009 Champion, Hayek, O'Donnell. NAYS: Wright, Hayek, O'Donnell, Wilburn. NAYS: Wright, Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; (319)356-3243 (REZ08-00011) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and S & J Development LLC (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 57.49 acres of property located north of Rohret Road and East of Slothower Road; and WHEREAS, Owner has requested the rezoning of said property from Low Density Single-Family Residential (RS-5) to Planned Development Overlay Low Density Single-Family Residential (OPD-5); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the improvement of Rohret Road to City standards, approval of the wetland mitigation plan, and a plan for the long-term maintenance of the wetlands by the home owners' association, the zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan, to address increased traffic demands by improving of Rohret Road to City standards, to provide for orderly development of the subdivision, to plan for wetland mitigation and to provide for long-term wetland maintenance; and WHEREAS, Owner agrees to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. S & J Development LLC is the legal title holder of the property legally described as follows: Commencing at the South Quarter Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence N01°15'46"E, along the West Line of the Southeast Quarter of said Section 13, a distance of 139.57 feet, to the POINT OF BEGINNING; Thence continuing N01 °15'46"E, along said West Line, 2141.50 feet, to the Southwest Corner of Auditor's Parcel 2002031, in accordance with the recorded plat thereof; S89°44'32"E, along said South line, 361.42 feet, to the Southeast Corner thereof; Thence N01°16'10"E, along the East line of said Auditor's Parcel, 361.50, to the Northeast corner thereof; Thence S89°44'30"E, 354.25 feet, to the Northwest Corner of Country Club Estates Second Addition, Iowa City, Iowa, in accordance with the recorded plat thereof; Thence S14°51'48"E, along the West Line of said Country Club Estates Second Addition, 221.57 feet; Thence S14°38'33"E, along said West Line, 97.48 feet; Thence S00°07'09"E, along said line, 75.66 feet; Thence S18°21'00"W, along said line, 91.60 feet; Thence S20°38'15"W, along said line, 126.29 feet; Thence S11 °37'37"W, along said line, 478.88 feet, to a point on the West Line of Country Club Estates First Addition; Thence N78°22'23"W, along said West line 217.77 feet; Thence S33°57'16"W, along said line, 170.83 feet; Thence S00°54'29"W, along said line, 80.00 feet; Thence S16°43'33"E, along said line, 83.79 feet; Thence S78°22'23"E, along said line, 287.00 feet; Thence N11°37'37"E, along said line, 170.36 feet; Thence S78°22'23"E, along said South Line, 120.00 feet; Thence S11 °37'37"W, along said line, 60.33 feet; Thence S78°22'23"E, along said line, 60.00 feet; Thence Northeasterly 39.27 feet, along said South Line and an arc of a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N56°37'37"E; Thence S78°22'23"E, along said line, 45.55 feet; Thence Southeasterly 31.07 feet, along said line and an arc of a 325.00 foot radius curve, concave Northeasterly, whose 31.06 foot chord bears S81 °06'43"E; Thence S03°20'14"W, along said line, 126.16 feet; Thence S88°32'31"E, along said line, 226.92 feet, to the Northwest Corner of Auditor's Parcel 2006047, to Iowa City, Iowa, in accordance with the recorded plat thereof; Thence S01 °27'29"E, along the West Line of said Auditor's Parcel, 10.15 feet; Thence N81 °43'30"E, along the South Line of said Auditor's Parcel, 169.98 feet, to a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Recorded Plat thereof; Thence S19°45'01"E, along said line, 386.21 feet; Thence S68°04'47"W, along said West Line, 60.00 feet; Thence S46°03'38"E, along said West Line, 330.10 feet; Thence S53°55'32"E, along said West Line, 235.85 feet; Thence S21°17'53"E, along said West Line, 412.93 feet, to the Southwest Corner thereof, and a Point on the Centerline of Rohret Road; Thence S68°42'07"W, along said Centerline, 18.85 feet; Thence S67°18'23"W, along said Centerline, 131.42 feet; Thence N67°00'50"W, along said Centerline, 52.72 feet; Thence S60°26'59"W, along said Centerline, 88.13 feet; Thence S59°56'46"W, along said Centerline, 61.62 feet; Thence N29°33'01 "W, 306.87 feet; Thence N44°07'58"W, 92.84 feet; Thence Southwesterly, 668.20 feet, along an arc of a 1720.00 foot radius curve, concave Northwesterly, whose 664.01 foot chord bears S56°59'48"W; Thence N21 °52'26"W, 309.00 feet; Thence N12°36'51"W, 60.83 feet; Thence N22°17'21"W, 135.16 feet; Thence S64°30'09"W, 57.17 feet; Thence S70°59'48"W, 117.60 feet; Thence S78°00'56"W, 223.03 feet; Thence S40°13'58"W, 108.48 feet; Thence S50°14'53"E, 124.04 feet; Thence S37°18'02"W, 15.40 feet; Thence N55°09'02"W, 176.92 feet, to said POINT OF BEGINNING, containing 57.49 acres, more or less, and subject to easements and restrictions of record. 2. Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an owner's rezoning request over and above the .existing regulations in order to satisfy public needs caused by the requested change. 3. In consideration for the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all requirements of the Iowa City Zoning Code, as well as the following conditions (all lot and addition numbers are in reference to the preliminary plat received March 18, 2009): a. Owner shall, during the first phase of development, improve the portion of Rohret Road adjacent to lots 1 and 38 to City standards at Owner's expense and extend Lake Shore Drive from its current terminus to Rohret Road. b. The Wetland Mitigation Plan shall be approved by the U.S. Army Corps of Engineers. c. Along term maintenance plan for the wetland private open space by the Home Owners' Association shall be included in the Subdivider's Agreement entered into by the City and the Owner at the time the City approves the final plat for any portion of this development. 2 4. Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2007), and that said conditions satisfy public needs caused by the requested zoning change. 5. Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform to the terms of this Agreement. 6. The parties acknowledge that this Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve Owner from complying with all other applicable local, state, .and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at Owner's expense. Dated this 5~~"day of M~ ~,. , 20~. OWNER S & J Development, LLC CITY OF IOWA CITY By enia D. Bailey, Mayor By ian K. Karr, City Clerk Approved by: City Attorney's Office LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged ~~~ ~~~ Stie~~ s~~~ (name) LLC. 4pp~.~(,p SANDRA STEIL ° ~ Commissiort Number 747999 • ow ~ before me on this -~ day of ~ _, 2009, by as ~:~- (title) of S8~J Development, C Notary Public in and for the State of Iowa 3 CITY OF IOWA CITY ACKNOWLEDGEMENT: State of Iowa, County of Johnson, ss: On this r ~ day of Mau. 2009, before me, the undersigned, a notary public for the state of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. s SONDRAE FORT ~~nw2- ~s~C--b $~ ~ Commission Number 159791 Nota Public in and for the State of Iowa My Commission Expires ry ow 3 4 City of Iowa City MEMORANDUM Date: May 5, 2009 To: City Council From: Christina Kuecker, Associate Planner RE: REZ08-00011 -Country Club Estates Parts 3-7, Protest Petitions us-u5-uy 5c At the March 10 City Council meeting, protest petitions were submitted to the City Council. Staff has mapped and calculated the percentage of property owners within 200' in protest. The percentage is 17.1 %. If 20% of property owners within 200' protest a rezoning, it requires a super majority of the City Council to pass. A map illustrating this is attached. The percentage is calculated by creating a 200' buffer around the area to be rezoned and calculating the area of the buffer. Then the properties that have submitted a protest petition are mapped out. The total areas of the portions of these properties that fall within the 200' buffer are used to calculate the percentage. Property Uwners Protesting Proposed Zoning change for Country Club Estates 1 ~ _ r __ _ A e~ __ _. ~~ T ? ~ N D ~ v k . lR ~ ' ~ ~ SANS A 4 Y ~ 1 ` ~ y 4 Q \ f f ~ r i f ~ r ~' '; j w i 1 ~ -~ ...~ V ~ ~~ +, a l t ~ A _.~ .. - r Y ~ ''' ~ qRE I , a PHOENIX DR ~ i ~ ~ ! ~ P t ' , I 1a1s 1u1 A ~ ~ hO~ti L....~__ _ ,~„ >s i~ _ _~ ._ 3 DUN`-~~ :f s P i• . Jr ,"~r /~~'~ f w z 1a / '~ , a; ~ SON ~" N { ~ rf ~: i ' <1ia s ~, ~ , .~ k < ~/ o 1. l~~` 101'1 ~~. / ~ 4115 ' 3 ._.., / ~. ,. .......... .. ...... ~/ / 1173 ]557 ~.. } , --• ~ ;~ ;.. I KESSL ' _ ~.~- -% ~ ~~ ^ j Proposed re-zoning area ~----' [-~ Area within 200' of rezoning area (47.56 acres) ^' I I Percent of property within 200' area (8.14 acres=17.10%) I V Apri121, 2009 Mayor Regina Bailey & City Council Iowa City, Iowa 52242 Re: Pending S&J Development Rezoning Request Dear Mayor Bailey and Members of the Council: In my letter to the city council dated April 9, I presented a prima facie case that S&J's rezoning proposal violates 14-SI-6 E 3 of the city zoning code. The first issue is clear and depends simply on whether "it can be demonstrated by a wetland specialist that the wetland ...does not, in a year of average precipitation, contain standing water at any time during the calendar year." The record contains no such evidence. At the April 20`x' meeting neither the wetland expert nor the city planner addressed this detail. Several council members abandoned their oversight responsibility by simply expressing trust that any proposal supported by the city planner would not violate the zoning code. Finally, the Council appears not to have solicited a formal opinion on this matter from the city attorney. My position is that there is a pending violation of the zoning code. This is not an elective issue that might or might not be dealt with as the Council chooses. The Council is swon~ to uphold the code. Any potential violation of the code deserves a serious and thorough consideration, which has not yet occurred. Proceeding with a yes vote at the next council meeting without further inquiry would be a willful disregard of a potential violation of the zoning code by those most obligated to uphold it. Seriously, Robert J. Hegeman M S MMS CoNSUL~r~.~tT~, INC. IOWA CITY IOWA OFFICE: 319-351-8282 Apri129, 2009 Mr. Bob Miklo City of Iowa City Planning Dept. ~ 410 E. Washington St r Iowa City, Iowa 52240 4 CEDAR RAPIDS IOWA OFFICE: 319-841-5188 Re: Response to Mr. Robert Hegeman's comment letters for Country Club Estates m Dear Mr. Miklo, members of the city council, and other interested parties, 9 In response to comments received from a Mr. Robert Hegeman about the proposed wetland n buffers for the Countrv Club Estates development project, I offer the following. In addition to this letter are two documents: the first is routine wetland data I collected on a sampling point ~ from the wetland area in question during the original delineation in 2005; the second is an annotated section of the project drawing, which identifies the calculated slope across the wetland in question. a The wetland data shows that reed canarygrass, which is not a threatened or endangered species or d diverse and infrequent occurrence, is the only dominant vegetation in the wetland. The wetland r area across the entire property is 2.83 acres (undez• 5 acres). The wetland area in ques#ion is z outside the identified stream coz•I•idor. This infozmation should meet the requirements of buffer ~ reduction in ordinance code 14-SI-b E. 3. a. 1-4. The site is not forested and is not known to provide habitat to migratozy birds. The wetland is a z narrow grassed watel•way that runs approximately 575' in length and has approximately 20' of o fall from the southeast end to the northwest end. This represents a slope of 3.47%. The soil data shows 1•edoximorphic featuz•es in the sail, characterized as few, fine, faint strong brown mottles a in the A2 soil horizon. This provides evidence that at times that oxygen is present as deep as ~ 20". This would tell us that we don't see a consistent presence of ground water discharge in the m bottom of the wetland. We believe that due to the slope of the wetland and the soil chal•actez•istics, any observed water is likely the product of surface runoff after storm events and dissipates shortly after. The consistent slope would also suggest that any surface watel• present would not be "standing water", but water flowing downhill in a drainage way. This data would suggest to us that all conditions of ordinance code 14-SI-6 E. 3. b. 1-4 are met and that the 25' o wetland buffer is justified. z 3 ~ Neither the city ordinance nor the US Army Corps of Engineers has a definition of standing r water. Wetland delineators use wetland hydrology indicators in the field to measure whether a site has wetland hydrology, as found in the Hydrology section of the wetland determination form. The site, at the time of sampling in November of 2005 lacked saturation in the top 16" a "primary" indicator, but did have two "secondary indicators" or indirect indicators of hydrology ~' ( to pass for wetland hydrology. One secondary indicator was the presence of oxidized toot channels, which represents the plants ability to expel oxygen out of its roots in a saturated environment. While this is a good indicator of saturation, it does not prove inundation (or standing water). In my experiences and opinion, if an area has periodic "standing" water, the flooded area usually has multiple vegetation zones (often including a lack of vegetation) or densities as a result of the different hydrologic zones. The wetland in question is a consistent stand of grass and lacks such hydrologic and/or vegetative differentiation. I hope this addresses the concerns about the buffer reduction of this wetland. Sincerely, /~~~ Mike Barker MMS Wetland Specialist 1917 SOUTH GIL}3ERl~ STREET ~ K)\VA CITY ~ IOWA 52240 11'IiBSI"I F: ~V1VlV.M~iSCONS~J~,'Ir~VISKEf l;~•IAIL: MMSc~IMSC'ONSULTANI'S.NET I iG DATA. ;•'ORiV~ ROUTI.N~ 'FV.~TLAND D~T~RNIINATZON (1987 C4E Wetlands Delineation Manual) r~~ r7 s S ,~ Investigator: M~L`~~•-I ~~J~<-~ M,µ5 c...,s Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? {Ifneeded explain on reverse. Ym!'tl'.~T l .i~Y/Y1~T i~ominant PlantSpectes fConutso inNamcs) Stratum Ind Percent ofDorninant Species tbat are OBL, FAC1V or FAC (excluding PAC-). t ~ ~ = 100 Remarks: -~ C-/ts.r ~rc5t•i+e.ril!~~^ S'~ra~TtS 1~'i rear-.~ Cona..~~/gSS rK w~`T-~a...pt ~ S~r~.*~~h ~r~rr~~rnfS ~ 5o`AeNro~lS in ti~~4.~./t . ~~rot~ ~ ~ ~ ~ t4 U p~~p a~ a., t...r. o,. L, s •~ S r ~l~ Date: _ , r ~z.3 /os s State: ~a ~ No Community ID• A Yes ~ Transact ID: 3 Yes ~ P1otID• y- ~4m~rant, PJantSPcctcs ~ omm t N Stratum Indicator 1. ~~-•itanR~~ss /~a e~is urv ,~ne?~~~ f~ ~.iu.~~ 9. 2• X0. 3. I1. 4. 12. 5. - 13. d• 14. 7. 15. g• Id. X Recorded Data (Describe in Remarks); Stream, Lake, or Tida r3auge X Aerial Pirotographs _ Qther No Recorded JJata Available Pield Observations: Depth ofSurfaco Water : inches Depth to Pn:e Water to Yit; ~_ Inches Dopih to Saturated Soil: 7~~ inches Remarks: -_- . . 1YeUand Hydrology Indicators: Primary Indicators: Inundated Saturated is Upper 12 Inches Water lviarks ~_ Driit lines Sediment Deposits Drainage Pattern in tiVetlands Secondary indicators . ~-'t?xidized Root Channels in Upper 12lnches ____ Water-Stained Leaves __,_Locel Sol! 5urveyData /AAC-Neutral Tact __,_ Other (Explain in Remarks) ,, SOlI,S 6~'~ Map Unit Name (Series and Phase): rSU ~~ C~in~on s, /~ ~o~~ / Drainage Class: _ htnll~~R~t~y well ~ra:ru,~ , Taxonomy (Subgroup); _ Tynt~ ~ gyp/.. ~i, /~ FietdObse~vations --_-~~ Confmn Mapped Type? Yes Prnfil> rlo~...t..~:.._.. Depth 111GM1C3 riw --~- ~ r ~zo /~ Hydrlc soil %ndicators: __~ _ Histosot Concretions - Histic Epipedon ____, High Organic Content In Sun`aca Layer in Sandy Soils Sullidic Odor ., Organio Streaking in Sandy Soils Aquie Moisture Regime _____. Listed on Loeal Hydrio Soils List _Reducing Conditions ~ Listed on National H dric Soils List ._~/Oleycd or I.oty Chrome Colors _ Other (b7cplain in Remarks) Remarks: C/lntPy~ jol~ 7~,fDt19lr4 ~~a>t7 ~'1~i v-f ~ltcjc (ow 8 I G{. r-o .vi riS ~ In.f yZl~i-t~ f~tS S`1a ~~A~J ~ WETLAND DLTI:ItMAYATIQN (Circle) Hydrophytic Vegetation Present? Wolland Hydrology present? e No (Circle) Hydric Soils Present? e No Yes ~ No 7s this Sampling Point ti'Jithin a Wetland? ~~~~ rio Remarks: Gt~S. to IK~ . /~ Lf ~ / 1 . ~ P~ 5 '(`'° t5 ,.` K..c. ykinn W,r.'Itkc_-r{ r•{-r, p.~ f`~ C.v~s'~ lta.-d1a/ ~~ f~ ~,~~e~~y, r ~ I a of MottleCoJors lYiottleAbunde_nce/Con ~+ Texture. Concretion . 4r.,,en~.. ~_+_~ , ~o yR ~ x ,i.~,r.~ .._ Sr(7~ ~/~, /PU,at ~°Y2 2 r /' ~_ ~ 7: SyR S- ~' -~Gw~y'7'^t/,rs3in~ St ~~~ C~Ay tnryt ++lll / --_.a --- ---• - ` ~' _ 'u :. l 1 1 ~ ~ V ~ ~ ~ ~ ~ . ~ • i ih: ir3 ~ ~ L Q0.% `~~ ~' •t..,; l '~ \, ~ ,'1 I,;~ '~~~` ..~/~° _ I c'J~~ /\,~ I I 1 ' (' •1• • ~ ~. , .~ ~. \9~10~ %'.~'a'IZ S(rYi I ~1' (?.~' / 1 \ _-~,\f~ +1 ~ ~ ~ ,t sip ) -' ` \~ ~V OCy n.~v y;Qv ' ~c/ \ V11~7~Q/~ ~~'~,~ ~ ti Q 1 ~k~' ~ '' 1~. _ s6' 'c ~~~ ! )~ .~ \ ' •, \ ~~ ~ ` dry/ ', _ ~ v m ,l ~ .. ,~ •_ t 1 ~ \~~ \ ` ~ ` 1 ~~ -~.-~` ' W-'r \ X3'1 ,'~ 1 ~,~ .~ ra+ P~ r ~ ~ ! f?0 ~~bTry; ~~ ! \ ~~ '~j,~ -"~~ ~a..a-~-,; "'''~,- '~' /~`,,s,~ R~ ~~\~ ~ ~ ~nl~ t2~,P, 0 r~~.tll~ c` ,~,~lj \ •c~•• j1^~a.l / • ; \ ~ "+> ,\. ~ •v ICJ d ~ ~ , 1 »;- i ~ ~ ~ ., ~~ - c. I I 1 `a 1 - I ~ ~ -~ ! ci May 4, 2009 l,,,1 RE: Country Club Estates - SUB08-00010/REZ08-00011 ~ ~ 3~_ TO: HONORABLE MAYOR AND CITY COUNCIL ~f ; , IOWA CITY, IOWA '"' ; , At the public hearing on March 10, 2009, I presented a petition signed by more thin°20°l0~~ of the surrounding property owner's against the above rezoning proposal, which should ~ have forced asupra-majority vote. On the last day of the public hearing, the rezoning proposal was changed. The city then recalculated the area and concluded that our protest petition now only included 17.1% of the surrounding landowners. We protest this recalculation by the city. We were given notice of one rezoning proposal only to have it changed at the last minute, depriving the surrounding landowners of their rights conferred by Iowa Code 414.5. For purposes of the pending proposal before the Council, the city must use the original proposal as the basis for calculating what constitutes 20% of the surrounding landowners. Any other conclusion would make a sham out of the notice requirements of Iowa Code 414.4 (below) and 362.3. Our position is supported by Iowa Code 414.5, which requires separate notice and hearing requirements for all changes and amendments that come up in the rezoning process: "The provisions of section 414.4 relative to public hearings and official notice apply equally to all changes or amendments. " The current process has been a continuation of the original rezoning petition. There has been neither a separate notice nor a separate public hearing regarding the amended proposal. For the current matter before the council, the city must accept our original protest petition and retroactively enforce our rights to asupra-majority vote. If the city chooses to discontinue the current process and comply with 414.4 and 414.5 by giving new notice and scheduling a new public hearing on the amended rezoning proposal, then we hereby submit the enclosed petition that will also require asupra- majority vote in that eventuality. Since~ly, Larr JewGv2~V Y "The council of the city shall provide for the manner in which the regulations and restrictions and the boundaries of the districts shall be determined, established, and enforced, and from time to time amended, supplemented, or changed. However, the regulation, restriction, or boundary shall not become effective until after a public hearing at which parties in interest and citizens shall have an opportunity to be heard. The notice of the time and place of the hearingshall be published as provided in section 362.3, exc~t that at least seven days notice must be liven and in no case shall the public hearing be held earlier than the next regularlyscheduled city council meetm~ following the published notice. " Iowa Code 414.4 y ::y r -+~ d :~~~., f' ~~ ~, ~ L, PROTEST OF REZONING crTr of ro wA crrr TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: Jl/t.~,~, 4 ~ Tyc+oty /~~i (~w~ in ~, + AkJ~ tr c /-~.~.c.v~ you c 1y~ Owner(s) of STATE OF IOWA ) ss: JOHNSON COUNTY) a ~~ U ,/~ 1 ~ Ti, t 1JJy /- j. tiu w Property Address ~ 1 M`~.. - l~~i ~~ _ ~, :.s ~.~ %;~ `7 On this ~~ day of _, 20~, before me, the undersigned, otar Public i and for saint and State ersonall a eared N Y ~ P y Pp and --"' to me known to be tl identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Orig: Subd Folder Cc: CA PCD Council Media File ~.f.l ~~ / ~ \ / ~ _- --- --~ ~T _ __ PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (sUBOg-ooo 1 o i REZOg-ooo 11) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: ~~ - ~ ~,, Owner(s) of - STATE OF IOWA ) ss: JOHNSON COUNTY) S~ ~ ~ L~ o ~ ,.., Property Address ^~.~~ ~i-Vryry~~! i" 5 1 ~' -: :~~ -a .-:~ °~t ~ '~ , ~~ 3; c-a .a ''~:~ On this _~~ day of , 20~, before me, the undersigned, a No ar I~blic~ a d r sai County and State, personally appeared and `-~ to me know to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. o,~"~~ JAYNE CRRNDELL SANDLER CommissionNumber714644 a Public in and for the State of Iowa My Canmission E~ires Orig: Subd Folder w January 22,2011 Cc: CA PCD Council Media File ~; i __- i~ i "1-ter- ---^-- -. PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: er(s) of STATE OF IOWA ) ss: JOHNSON COUNTY) ~i Te~~~loe~ Property Address ...... ' :~ - ~.. . _, a `~ ~~~ :~ ;-~ .. On this ~ ` day of ~` ~ , 20 C~` ,before me, the undersigned, c~ a No/t}ary Public in and for said ounty and State, personally appeared J~~~%n:~. (-2e~~n ~~'=^~ and -------- to e mown to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. j ~~~ ' ~- ?~ - Notary ublic in anc~ or the State of Iowa Orig: Subd Folder Cc: CA TYLER VRIEZE PCD NOTARIAL SEAt_ -STATE OF IOWA Council COMMISSION NUMBER 743 70 MY COMMISSION EXPIRES I~ v2 ` "`` Media File ;_~ -- ~' ~-rsb__. _ __ . PROTEST OF REZONING c~Tr of ~o wA c~Tr TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: Owner(s) f Property Address ~ a: ~: i STATE OF IOWA ) ~~ ~ -~ ss: ~ ` art, JOHNSON COUNTY) C? ~;~ On this ~ day of ~ , 20~, before me, the and signed a N tary Public ' d or s 1d County and State, personally appeared and --" to me kno n to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ~~~r~ JAYN~ CREii~DELL~~ ~ANp Commisson Number 714644 ~9y Commission Expires ®~ ~ Jenuary22,2011 ar Public in and for the State of Iowa Orig: Subd Folder Cc: CA PCD Council Media File m,,:.Gs: ~4;...~ j i~~ t i -~ PROTEST OF REZONING CITY OFIOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. i nn ,'1}1 Owner(s) of ~ STATE OF IOWA ) $$: JOHNSON COUNTY) Property Address r~,~ ~ -n ly ^"" „ ~ ~',^^,^~~r ~.s.,, ~~~~. ©~`.,% 4'~ P~ r'y ~~ tt 5~~w' On this ~~ day of , 20~, before me, the undersigned, a N Pu is i fors d County and State, personally appeared and tom known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Orig: Subd Folder Cc: CA PCD Council Media File ~~i ~~ C ^~ K~ 6 '' /~ _ I~ PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CI'T'Y COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not ,become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By. ~ G,:/ ' ~~~~ Owner(s) of /~ G~~ 6 ~c Property A dress µ i STATE OF IOWA ) - -~ JOHNSON COUNTY) ~; ~ ~~~ <:. On this ~__ day of , 20~, before me, the und~'rsigne a otar Pu 'c i and for aid County and State, pe sona ly appe ed and ~„ t Ze known to be e identical persons named in and who executed he within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ~~'~'~ JAYNE Ct~ANDELL SANDLER Cammisslon Plumber 714644 , ~ m~yn~',zFo'1`~il~ o ry Public in and for the State of Iowa Orig: Subd Folder Cc: CA PCD Council Media File y~$ -~. 1'^ PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA i°~ -~. ---- CITY OFIOWA CITY We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. gy; ~~Q~Yl.ca~ , Owner(s) of Property Address STATE OF IOWA ) JOHNSON COUNTY) ~ . a' /w 6/V On this _~~.~'~ day of , 20 ~~ ,before me, the und~~'signe a N ry Public in d~ County and State, e sonally" ~a~ppeyar~ed ~ and ~ SI I ~.L 1 to me known to be the identical persons named in nd who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. °~~ JAY=;'~ YLr`?t`+~GELL SANDt.ER o Public in and for the State of Iowa Gcmmissan Number 71464q Orig: Subd Fol ~Ry Canmissia~ F.~Ires Cc: CA January22,2011 PCD Council Media File .. .;:.,~ +,. s'~ ,,, ~ -~----- PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoiung change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: Owner(s) of ~'lTy k~E'sll~-~ A~~ .5~~3~( ~ Property Address ,, f..",i ~..::a ~~fi .. ,. .. .».,.,. <.w~aura :~:~ ; ,~~ STATE OF IOWA ) ~ w ~=' ~' a t ,ter. JOHNSON COUNTY) v~ ~~ ~ ,~~, On this __~~.---day of ~[~ , 20~, before me, the unde~igned a Notary Public in and fors 'd County and State, personally appeared ~, ~ and - to me known to be th identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. dAY~~s CRi{ivDEi_L SANDLER c ~ CommissionNumber714644 ~'y commissiai Expires Public in and for the State of Iowa 3anuary 22, 2019 Orig: Subd Folde Cc: CA PCD Council Media File ::: , -y„ss...-_--- PROTEST OF REZONING CITY OFlOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zonng change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: Owner(s) of STATE OF IOWA ) } SS: JOHNSON COUNTY} Property Address ~f . ..., . ~-:~ . ~++ 1,~-~d ~ G..~ `~;~ Ce] ~=,y ~. ~ }-:, ~~ On this _~_ day of ~ ~ , 20~, before me, the undersigned, a~11 ~~c and for sa d County and State, personally appeared and to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. o~ ~ JF,Y~it: CRANuELL SANDLER CommissronPlsxn~er714644 Public in and for the State of Iowa ~ Commission Expires Orig: Subd Folder ~ January 22, 2011 Cc: CA PCD Council Media File ;~ - fll - I -- - - -h ~..__ _ _ -, PROTEST OF REZONING C17'Y OF IOWA CITY T0: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in acco ce with 414.5 of the Code of Iowa. By: ~~ Owner(s) of 33S`7 ~~~~"~ScJ .~ Property Address ,,~ T't .;;, '' ' ~' - r._'6~ 4L'e..i9 STATE OF IOWA ) .~5-+• .~i.~ JOHNSON COUNTY) ._ "' "~` ``"=J~'~ ~'°; ~~ On this ~_ day of , 20 U`l ,before me, the un~ersigr, a Notary Pu is i nd f r s d County and State, personally appeared and to me own to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ®~ JAYNE GRANDE Commission Au rqy Commissi Ow .lanuary 72 Orig: Subd Folder --~~` ~' Cc: CA PCD Council Media File LL SANDLER tuber 714844 on2~ires o ry Public in and for t e State of Iowa C_ /~ ~. ,~ PROTEST OF REZONING c~T~r of io wA c~rr TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: Ow r(s) of 3357 ,Qo~~ /L~ SU/ Property Address .~ M~ :~; ., ~c ~ ~' STATE OF IOWA ) ~~ ~ `' ~~~~ ~ ss: ~ . '~ _ ,vim JOHNSON COUNTY) C> bra ~= '" .. <, ro On this ~~ day of , 20 ~ ,before me, the ur~lersigrf~l, a Not~ayry Pu is in and for sai County and State, erso all~~a,,ppeared ~~~ ~~~~ and ~~~ to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. o,~~ JAYIVG~L~i~i~ii~ELLSANDLER ~ Commisson Number 714644 "Ry Commission Fires to Public in and for the State o vi !anuary 22, 2011 Orig: Subd Folder ""~""`° " Cc: CA PCD Council Media File ~- ~- ,: -ti. ~s..r PROTEST OF REZONING c~7roF~owA c~Tr TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: Owner(s) o STATE OF IOWA ) `~ ) ss: JOIINSON COUNTY) 3 a 5"~ ~~.-D,,,.~ fem. Property Address _„~ `~~ .~., ., ,..rte ~~- ~ ~~~ r~ri ~ ~. ~'` ;:y sU On this ~ day of , 20~, before me, the undersigned, a No r Public in and for Said Count and State, ersonall a eared Y Y P Y pP and to me own to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. °sa'"u~ JAYlV~ ~Rf~fe~'cll. SAMDLER Cemm{scan Number 714644 ?ycos;on~;res N r Public in and for the State of Iowa Orig: Subd Folder °W danuaryYl'2°tt Cc: CA PCD Council Media File .~ i -z ~s,,.,___ PROTEST OF REZONING c~rY of ro wA c;<rr TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / RI/Z0.8-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: ~~:~ Property Address " ~` I . ~, .~ ~~, ~` ~- :-; c? ,~,, ~~ Ow ~er(s) of STATE OF IOWA ) ss: JOHNSON COUNTY) On this ~~ day of ~ , 20~, before me, the undersigned, a Notary Public in and for said'County and State, personally appeared h ~" p c~l~S and to ne known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa Orig: Subd Folder ' R R- Cc: CA PCD = ~ COMMISSION NUM$ER 14BZ37 Council MY COMMISSION EXPIRES Media File p,N FEBRUARY ~~, 2009 PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret RoadlPhoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: Owner(s) of Property Address -- =,~ . ,.... . ~.. ==K i STATE OF IOWA ) -~: ~~-~ ~l31 ". SS: `~"' JOHNSON COUNTY) rv On this ~ day of ~ , 20~, before me, the undersignetl~ a Notar Public in and for ai County and State, personally appeared 1~ +~i S'!~,Y?'~° ~ and to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ~qyf~~ y~N94'~:1~~ J79~ULCR N Public in and for the State of Iowa o Commission Number 714644 Orig: Subd Folde 2±v Canmission Fires Cc: CA Jan~.rar722,2011 PCD Council Media File ~l ,~~ ~.„ e PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA CITY OFIOWA CITY We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: ~(~ ~ C~.~-~ (moo O er(s) of Property Address ,,...~ ~~ .;, ~": STATE OF IOWA ) '"-' "` ~ SS. ~`.. fi- JOHNSON COUNTY) ~ rE; f ~ d: On this ~ day of 1 , 20~, before me, the undsignec~,'' a tary~Pu 1' in for sai County and State, personally appeared ~ ~'" and -~' to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ~+k ~ JAY E~~ ;~-c~iv~~:~.1 SANDIER Commission Number 794644 ~~ ~ ~~ "~ o Public in and for the State of Iowa Orig: Subd Folde Cc: CA PCD Council Media File w~.,~, 11-y~g ~} Y ~~~ i PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. li;s G~~ ~~o~~~. Property Address .~; .:~ STATE OF IOWA ) ~`~, ~ ;, .,.T ss: - :~ ~. JOHNSON COUNTY) ~ ~~ `"` r'ti a On this ~~ day of ~_ , 20~, before me, the undersignet a Nota//r~~y Publi m and for sai County and State, personally appeared ~~K~„~D~ ~ and -' to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. JAYS?. ~~d~~:LL CANDLER ~'' o '~ Cer~mfssion~lumber714644 o Public in and for the State of Iowa e~,~ %ommission Expires Orig: Subd Fold • .~~ ~.~s"`~4~ ~' ~~~ Cc: CA PCD Council Media File "~ i ~~ ~~ i~ I PROTEST OF REZONING CITY OFIOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Country Club Estates, Part Three -Eight, Rohret Road/Phoenix Drive (SUB08-00010 / REZ08-00011) This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: v,o/%en`~~ ~i 155 l-a-~-short, ~. Owner(s) of P or perty Address _ ._..,~ ~ 'T ~.. ,.~ ~: STATE OF IOWA ) ~ "''~ ss: a,, .~., JOHNSON COUNTY) '~ - ~..~ ,~, uie~si ~... On this day of , 20~, before me, the ~~ grt~xl, a o Publi in and fors 'd County and State erso}~ 1 ap eared ~ ~~, b ~ and ~~ ~~~1~ to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. .~ ~s~ ~~~ ~,,. '~;ii~i.L SaIdDLEi2 U: UNI53S00 WURIbQf ~~~ ~ ~.,-~~~~, ~~ o Public in and for the State of Iowa Orig: Subd Folder Cc: CA PCD Council Media File #sc Robert Hegeman slides re Country Club Estates not archived with City Clerk ~.~, I Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 09-4337 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," TO ELIMINATE THE CAP ON TEMPORARY SIDEWALK PERMITS AND TO EXPAND THE PERMIT FOR FRIDAYS DURING THE SUMMER BY ESTABLISHING A NEW SIDEWALK RETAILING PERMIT. WHEREAS, regulating the public right-of-way ensures the safe movement of pedestrians; WHEREAS, section 10-3-4 provides that the City may issue two temporary permits to businesses each year for the commercial use of City sidewalks and one permit specifically for Fridays during the Friday Night Concert Series; WHEREAS, the Downtown Association of Iowa City has requested that the City Code be amended to expand the "Friday" permit by establishing a new annual sidewalk permit that allows outdoor retailing on Thursdays through Sundays from March 1 though October 31; and WHEREAS, it is in the City's interest to permit businesses to use the City's sidewalks on Thursdays through Sundays from March 1 though October 31 and to eliminate the cap on other temporary sidewalk permits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 4, entitled "Temporary Use of Sidewalk Permits," is hereby amended by deleting the first unnumbered paragraph of Section 4 in its entirety and by substituting in its place the following new unnumbered paragraph: The City Manager or designee is authorized to issue Temporary Use of Sidewalk Permits to businesses or business organizations for any commercial purpose in commercially zoned districts excluding permits for sidewalk cafes, sidewalk retailing, ambulatory vendors, and mobile vending carts. Temporary Use of Sidewalk Permits shall be limited to the temporary use of sidewalks and public right-of-way abutting said businesses and shall be limited to no more than four (4) days for any one permit. 2. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 4, entitled "Temporary Use of Sidewalk Permits," is hereby amended by renumbering Section 6, entitled "Penalty," to Section 7, and by adding the following new Section 6, entitled "Sidewalk Retailing Permit": The city manager or designee is authorized to issue an annual sidewalk retailing permit to businesses or business organizations for any commercial purpose in commercially zoned districts, excluding permits for sidewalk cafes, temporary use of sidewalks, ambulatory vendors, and mobile vending carts, upon completion of an application form prepared by the city manager or designee. The sidewalk retailing permit shall be limited to the use of sidewalks and public right of way abutting said businesses and shall be subject to the following conditions: A. Use is limited to 9:00 a.m. to 9:00 p.m. on Thursdays through Sundays from March 1 to October 31 from; B. Insurance coverage as required by the City's risk manager; C. Execution of an agreement to indemnify the City; D. Rules as established by the City Manager or designee, a copy of which shall be on file with the City Clerk and available on the City website; E. No fee shall be charged; and F. No sale, transfer, or assignment of a sidewalk retailing permit is allowed. The city manager or designee shall grant the permit if the applicant has fully completed the application which includes signing the indemnification agreement and providing a certificate of insurance showing compliance with this section. If the permit is denied, the city manager or designee shall state the reasons therefore within three (3) working days of the application being filed. The process for appeals and revocation of the permit shall be the same as for a temporary use of sidewalk permit. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. Ordinance No. 09-433q Page 2 SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passe nd approved his h d y of May , 2009. --; MAO ~ ATTEST: / ~ CI LERK Approved by City Attorney's Office Ordinance No. 09-433x/ _ Page ~_ It was moved by Wright and seconded by (:hampi nn that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x _~_ x X x X First Consideration 4/20/2009 Vote for passage: AYES Wilburn. NAYS: None. Second Consideration ------- Vote for passage: Date published 5 / 13 / 2009 Moved by Wright, seconded by Champion, that the rule requirining ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Bailey Champion Correia Hayek O'Donnell Wilburn Wright Wright, Bailey, Champion, Correia, Hayek, O'Donnell, ABSENT: None. 17 Marian Karr From: Darla Boudjenah [dtaiowacity@gmail.com] Sent: Tuesday, April 21, 2009 2:47 PM To: Council Cc: dtaiowacity@gmail.com Subject: Outdoor Retail Ordinance Attachments: image001.jpg ^~ ~~ Apri121, 2009 Dear Mayor and City Council members, Thank you for the show of support for the downtown merchants in voting for the outdoor retail for the area. The Downtown Association of Iowa City feels this will add fun and energy to our quite unique downtown district. I would also encourage council to re-address parking on Dubuque Street. In this time of economic insecurity, the merchants are very upset to have their customer parking taken away. Limiting the commercial use to the mornings would help this situation. Thank you for all you do. Leah Cohen President DTA 4/21 /2009 ~. ~~ Prepared by: Kevin O'Malley, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053 ORDINANCE NO. (19-4'i'i 8 _ ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 3-4-5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2007), the City of Iowa City provides certain solid waste collection and disposal services; and WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste collection and disposal services; and WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees by approximately 3.5% for billing on or after July 1, 2009, to adequately finance operational costs; and NOW, THEREFORE, BE IT ORDAINED BY THE. CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by: Changing the charge for residential solid waste collection from $14.50 to $15.00 per dwelling unit, and 2 rooming units, per month; and from $10.90 minimum to $11.40 minimum for solid waste. 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 effective July 1, 2009. Passed and approved this 5th day of Mav , 20 09 ATT T:~ ITY CLERK Ap roved by City Attorney's Office 3~~v ~' finadmlordlfeeincrease-sw09. doc Ordinance No. 09-4338 Page ~_ It was moved by Champion and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion _g_ Correia x Hayek _~ O'Donnell Wilburn x Wright Wilburn that the Ordinance First Consideration 4/6/2009 VOteforpaSSage: AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright NAYS: NOne. ABSENT: None. Second Consideration 4/20/2009 Vote for passage: AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn. NAYS: None. ABSENT: None. Date published 5 / 13 / 2009 M f ' r.t Prepared by: Kris Ackerson, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 09-4331 - AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC", CHAPTER 7, ENTITLED "VEHICLE SIZE, WEIGHT AND LOAD," TO RESTRICT LARGE TRUCK TRAFFIC ON NORTH SUMMIT STREET AND DEWEY STREET. WHEREAS, North Summit Street and Dewey Street were not designed to accommodate long trucks with trailers; and WHEREAS, truck traffic with a gross weight in excess of 16 tons have damaged public property due to the narrow right-of-way including fire hydrants, curbs, and sidewalks on North Summit Street and Dewey Street. -- NOW; T-HERE~flRE,-BE IT- ORDAINED $Y THE CIT,(- C-0UNEIL--OF THE-CITE OF-IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this amendment is to restrict large truck traffic on North Summit Street and Dewey Street. SECTION II. AMENDMENT. Section 9-7-4(B) is hereby amended by deleting Paragraph 2 and substituting in lieu thereof: 9-7-4(B)(2) No truck or other commercial vehicle with a gross weight in excess of 16 tons, except those specifically exempted herein, shall be operated on Kirkwood Avenue and Lower Muscatine Road from the intersection of Kirkwood Avenue with Gilbert Court to the intersection of Lower Muscatine Road with Sycamore Street; First Avenue from the intersection with Scott Boulevard to the intersection with D Street; Court Street from the intersection with Summit Street to the intersection with Muscatine Avenue; or on North Summit Street or Dewey Street from the intersection of North Summit Street with North Dodge Street to the intersection of Dewey Street with Brown Street. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided bylaw. Posed and approved this 5th day of May , 2009. A E T: ~ __~'~~/ CITY LERK Approved by City Attorney's Office ~~ a~ ~~~ ppdadmlord/NSummit-DeweyEmbargo.doc Ordinance No. 09-4339 Page 2 It was moved by Wright and seconded by 0' Donnell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Correia ~_ Hayek x O'Donnell X Wilburn ~_ Wright First Consideration 4/6/2009 Vote for passage: AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, Correia,Hayek. NAYS: None. ABSENT: None. Second Consideration 4 / 20 / 2009 VOtefOrpaSSage: AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnel] NAYS: None. ABSENT: None. Date published 5 / 13 / 2009