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HomeMy WebLinkAbout2009-05-19 Ordinance~~ -,.. 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 (OHDIRS-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 ~K~~{~v City Attorney's Office ~ ~~ o ~ Ordinance No. Page It was moved by and seconded by 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, NAYS: O'Donnell. ABSENT: None. Second Consideration 5 / 19 / 2009 Vote for passage: AYES: Bailey, Champion, NAYS: O'Donnell. ABSENT: None. that the Ordinance Correia, Hayek, Wilburn, Wright. Correia, Hayek, Wilburn, Wright. Date published Marian Karr From: Knight, Megan L [megan-knight@uiowa.edu] , 4a Sent: Wednesday, May 13, 2009 1:42 PM ~••~• To: Council Subject: The Northside Historic Preservation District proposal Dear Council Members: I'm writing to express my thanks to the majority of you who supported the Northside proposal for the first of the 3 required readings and votes. So many of us in Iowa City support this much-needed initiative too, and your votes are an expression of our wishes; please know that we are rooting for the proposal and hope you will vote in support of it following the next two readings on May 19th and June 2nd. Such proposals in other parts of Iowa City have stabilized the neighborhoods by encouraging a healthy, diverse mix of owner-occupied and affordable rental properties; all of Iowa City's designated Historic Preservation Neighborhoods have benefited and prospered, contributing to Iowa City's vitality, diversity, and the positive characteristics that encourage responsible ownership and equity. Thank you again for your support! Megan Knight, Iowa City resident 1 WITHDRAWAL OF PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCII. 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 was proposed, previously submitted a protest to the rezoning of the following property: The petition was 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. We hereby wish to withdraw our protest filed in the office of the City Clerk and understand that the land included in our previously submitted petition will not be considered in the calculation to determine whether Council must pass the rezoning by a favorable vote of at least three-fourths of all members of the council. By: Of Property Address ~' - .~~ ~ °~ t --t ~`~ cs` STATE OF IOWA ) ~~` N ~ m ss: apt 11 ~ ~ o JOHNSON COUNTY) = ~ w~, On this ~N day of ,~ ~"y , 20 d ,before me, the undersigned, a Notary Public in and f r s ' Co t and State, personally appeared ~• ( and to me known to be the identical perso s named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. , Not y Publi in r the State of Iowa Orig: Subd Folder (attach to protest) Cc: CA PCD Council Media File ,•... Page 1 of 1 Marian Karr From: Niki Neems [niki@rsvp-asap.com] Sent: Friday, May 08, 2009 10:21 AM To: Council Subject: Northside Historic District I wanted to say thank you for your support of a vibrant and diverse Northside Community. nn niki Weems, owner r.s.v.p. 140 north Jinn street iowa city, iowa 52245 319.337.4400p 319.337.4440f www.rsvp-asap.com 5/8/2009 Page 1 of 2 Marian Karr From: Brechtel, Bruce A [Bruce.Brechtel@Pearson.com] Sent: Tuesday, May 05, 2009 5:27 PM To: Council Subject: Please, NO to Northside historic rezoning. Please vote no to rezoning of the Northside neighborhood. I only have the one address, 528 North Gilbert Street. I have a signed contract to have it re-sided b/c these old homes don't hold the paint well, even when done right (scrape, oil primer, top coat). The residing would make it look very nice. If the vote is yes, this house will be condemned to have ugly exterior for a long time, because I can only afford to touch up the peeling spots with paint, and not spend the several thousand to have repainted every 5 years (it's economical and the bank will loan me the money to spend $15k and do the siding forever). There are dormers on the 3~d story that are dangerous to get at for painting, I have a contract to have them done forever with siding. The windows don't work well and the tenants can't see out of them well. They're also very energy inefficient. If we're allowed to upgrade our property as we wish, I have a contract to have the windows replaced with energy efficient, easily (tilt in) cleaned windows that work well and look sharp. These only cost $200 Installed. If the vote happens, it will be OVER $1000 per window per historic requirements, to be replaced and they won't be as energy efficient, and they'll continue to need repairs in the future. I can't pay that, and it wouldn't make sense from a green standpoint. The house will remain as is, taking a huge amount of my time to repair these old windows. I don't have a lot of money, I live in my 1300 sq foot house with my wife and 6 children (3 in college), and with the property taxes taking $1000/month (3 of the 5 apartments are maintained simply to pay this), to vote this in would kill this income property for us and hurt us considerably financially. The repairs and maintenance will rise dramatically. Insurance will rise dramatically due to much greater replacement building costs. Other owners will shy away from wanting to buy something like this, unimproved (without the siding and windows) b/c of how much it would cost them to upgrade it per historic specs. I understand that over 20% of the property owners have given a notarized doc requesting exemption. Seems like quite a large number of the affected populace that are against this. It's only been 4+ years since this was last voted down. I feel harassed. Lastly, I'm for historic neighborhoods, which this already enjoys a decent level of protection from destruction. I was not against that, and supported it. If I had had any idea that that would have led to this, I would have been against it then. I feel misled. Lastly, when this was brought up at the planning and zoning meeting, the city person didn't bring up that these houses are already protected from destruction. I would like to see it remain at the current level of protection, and not ratchet it up to so much of a greater level. Thank you! Bruce & Lisa Brechtel, Heather, Melanie, Holly, Nathan, Daniel and Virginia. 155 Juniper Court North Liberty, IA. For 528 North Gilbert Street. Marian Karr From: Matthew J. Hayek [mhayek@hhbmlaw.com] Sent: Wednesday, May 06, 2009 8:56 AM To: Marian Karr Subject: FW: Thank you! Matthew J. Hayek Hayek, Brown, Moreland & Smith, L.L.P. 120 East Washington Street, Iowa City, Iowa 52240-3924 319.337.9606 telephone 319.338.7376 facsimile Email: mhayek@hhbmlaw.com Website: www.hhbmlaw.com -----Original Message----- From: Rod Sullivan [mailto:rodsullivanCmchsi.com] Sent: Tuesday, May 05, 2009 10:04 PM To: Regenia Bailey; Matthew J. Hayek; Mike Wright; amy-Correia@uiowa.edu Subject: Thank you! Thank you for your vote on the Historic Preservation District. This was an extremely positive move for Iowa City! ---Rod Sullivan 1 Page 1 of 1 Marian Karr From: Marshall Poe [marshallpoe@gmail.com] Sent: Sunday, May 10, 2009 1:05 PM To: Council Subject: Thank you Dear City Council Members, I just wanted to thank you for passing the Historic District Overlay proposal for near Northside. I realize it was a hard decision. I wrestled with it myself. My thinking was similar to that expressed by Mr. Hayek: I want property holders in the neighborhood to be able to take advantage of new technologies, but I also think the neightborhood needs to be stabilized right now--it's a precious asset for the entire city. I think we can do the one and the other. I would encourage the Historic Preservation Committee to work with landholders who want to incorporate new technologies and do not damage the significant "curb appeal" of the houses in Northside. In certain cases, I imagine, we may have adjust our aesthetic standards. Who knows, in 100 years people may look at solar panels and think they are terrifically attractive. Warmest Regards, Marshall Poe Marshall Poe 416 N. Linn 5/11/2009 13 May 2009 Dear Council Members, 1 compiled the attached notification timeline in order to document the NNA's efforts to disseminate information about the local historic district. The timeline includes both the required official City notices and public forums AND the supplemental NNA meetings, flyers, and information forum. I thought this might be useful. for you to have as a record of the long and extensive notification process. Yours sincerely, Judith Pascoe Coordinator, Northside Neighborhood Association NEIGHBORHOOD ASSOCIATION Near Northside Local Historic District notification timeline early November, Northside Neighborhood Association newsletter, with historic preservation process on agenda for November 13th meeting, mailed to every address in the Northside. November 13, NNA meeting, discussion of historic district. January 22, NNA meeting, more discussion of district (this meeting occurred at the usual NNA meeting time- third thursday of the month-and was advertised through the NNA e-mail list). Feb. 27, notice of Historic Preservation Commission public forum mailed out by City to all property owners within the district and within 200'feet of the district (using addresses obtained from County assessor records). Feb. 28th, flyer distributed by NNA to all properties in the district, mailed to all out-of-district owners. This flyer, which advocated the district, was distributed and mailed by NNA. March 12, Historic Preservation Commission public hearing. March 14th, flyer distributed by NNA to all properties in the district, mailed to all property owners who live outside of district--this was a notice of the historic preservation district information forum held by NNA, and was distributed and mailed out at NNA expense. March 20th, notification of Planning and Zoning Commission public hearing sent by City to all property owners within the district and within 200' of the district. March 23rd, rezoning notification signs posted all around the near Northside. Signs marked the boundaries of the district on all sides and at all intersections that lead into the district. March 25th, historic preservation information forum/dessert reception held at Horace Mann gym by Northside Neighborhood Association. March 31, legal notice of P&Z public meeting published in Press Citizen. April 2nd, Planning and Zoning Commission public hearing. April 27, legal notice of City Council meeting published in Press Citizen. late April, Northside Neighborhood Association newsletter mailed to all addresses in the Northside. Newsletter contained reminder of upcoming City Council public hearing. May 5th, City Council public hearing. 28 February 2009 The near Northside, a National Historic District, is undergoing the second stage in the historic districting process, an application for Historic District Overlay Zone (OHD) status. This local historic designation currently benefits many of Iowa City's most thriving historic neighborhoods, including the Brown Street region of the Northside. What are the benefits of local historic designation? The local historic district designation promotes neighborhood stability by insuring the preservation of historically and culturally significant areas. It also promotes public recognition of the architecturally and historically significant features of our neighborhood and ensures that these culturally significant structures will be preserved for future generations to enjoy. Historic district status also provides access to grants, loans and tax credits to support investment in historic buildings. For example, the State Historical Society provided up to $ 15,000 per property to help restore historic buildings damaged by the 2006 tornado. How does historic designation affect property values and owner rights? Both national and local studies have shown that property values in historic districts appreciate over time at a greater rate than those of similar properties that are not in a district. Historic preservation protects the value of all properties by limiting significant changes to the neighborhood that can make the neighborhood less desirable and thus diminish property values. Owners of properties within historic districts can build garages, enlarge kitchens, and add bathrooms. Historic preservation is not about living in the past, and there is no requirement that additions and new structures imitate the historical. Property owners within historic districts can draw on the knowledge and creative assistance of the Historic Preservation Commission. Where can 1 find out more details? The NNA will be holding a series of informational dessert parties to which you will be invited. Contact Judith Pascoe (pascoe.judith@gmail.com) for more information about the application. For information about Historic Preservation in Iowa City, go to: www icgov.org/HistoricPreservation or contact Christina Kuecker, Associate Planner, at 356-5243 or Christina-kuecker@iowa-city.org NEIGHBORHOOD ASSOCIATION 14 March 2009 YOU ARE INVITED TO A DESSERT RECEPTION AND HISTORIC DISTRICT INFORMATION FORUM WEDNESDAY, MARCH 25 HORACE MANN GYM 7 TO 8:30 P.M. GET THE FACTS ABOUT MAINTAINING PROPERTY IN A LOCAL HISTORIC DISTRICT. MAKE AN INFORMED DECISION ABOUT WHETHER THE PROPOSED LOCAL DESIGNATION WILL HELP YOU TO PROTECT YOUR PROPERTY INVESTMENT. SHARE YOUR CONCERNS AND QUESTIONS WHILE ENJOYING CAKE AND COFFEE. IF YOU HAVE QUESTIONS ABOUT THIS EVENT, PLEABE CONTACT JUDITH PASCOE, NNA COORDINATOR (3545768 OR PABCOE.JUDITH~GMAIL.COIV~. IF YOU HAVE QUE8TION8 ABOUT HISTORIC DISTRICT GUIDELINES, CONTACT CHRISTINA KUECKER, ASSOCIATE PLANNER (356- 5243 OR CHRISTINA-KUECKER@IOWA~CITY.ORG) NEIGHBORHOOD ASSOCIATION NORTHSIDE NEIGHBORHOOD ASSOCIATION NEWSLETTER NNA EVENTS 1 November NNA Meeting Thursday, November 13, 2008 7:00-8:00 P. M. Horace Mann Gymnasium All residents and friends of the Northside Neighborhood are welcome. NNA MEETING MINUTES 1 Meeting September 25, 2008 The 9/25 meeting, held outside in North Market Square Park, focused mainly on Zion Lutheran Church. Situated on the corner of Johnson and Bloomington Streets, Zion is planning to expand its present structure. Pastor Mark Pries and Rick Dobyns, co-chair of the church's building campaign, presented information about Zion's building options. The Church wishes to stay on the south side of the alley and they are considering expanding along Bloomington Street, to the east of their current property. The north side of the property is zoned residential and the Church owns two houses on the northwestern section. A long discussion ensued on some of the possible uses for those houses. A community space? Child day care? Adult day care? Zion hopes to serve the neighborhood. (After the meeting, the NNA board sent a letter to Zion Lutheran, thanking the Zion representatives for their overtures and reiterating the Neighborhood's desire to maintain the integrity of the existing residential structures at the November, 2008 NNA NEws 1 Next NNA Meeting Business November 13, 7 r.M. at Horace Mann School. ^ Update on North Market Square planning process. ^ Consideration of initiating historic preservation district process for near Northside. ^ Sign ordinance update. ^ Future PIN grant and/or house tour planning. ^ Open discussion. 1 Alley Walk Prize Winners Ace gift certificates went to the following alley walk prize winners, who were selected by our impartial volunteer judge, Marcia Bollinger, the City's Neighborhood Services coordinator. Prettiest alley garden: 320 N. Johnson Most congenial backyard: 804 Fairchild Most interesting garage: 719 Ronalds Tidiest workshop: 418 N. Van Buren Most coveted old car: 616 Bloomington church's location.) Neighbors were encouraged to rally behind the sign ordinance being proposed by the City. The Northside is contributing $150 to the Wetherby Splash Pad. The money comes from donations collected at the Alley Walk. The NNA sends occasional updates and announcements about neighborhood events via e-mail. If you'd like to receive them, please send an a-mail to northsideCmchsi.com. Your neighborhood newsletter is produced by your neighborhood association. The Office of Neighborhood Services of the City of Iowa City prints and mails the newsletters, but is not responsible for the quality or the content, although newsletters must meet the approved Neighborhood Newsletter Guidelines. All Neighborhood Newsletters Available On Line. You can subscribe to receive any neighborhood association newsletter on-line at the City of Iowa City's website at http://www.icgov.org/subscribe.asp. Feel free to subscribe to your neighborhood association's newsletter or to any other newsletters. A confirming e-mail will be sent to you asking that you notify Marcia Bollinger, Iowa City's Neighborhood Services Coordinator, so that she can remove your address from the hard-copy mailing list The goal is to save public funds by reducing printing and mailing costs, and to also save the time spent labeling the newsletters. You will also be able to receive updates about neighborhood events and news through this system. Please feel free to contact Marcia at 356-5237 or at Marcia-Klingaman-BollingerG~iowa-city.org if you have questions or need additional information. Browsers in North Market Square Park Sunflowers beneath a telephone pole NORTHSIDE NEIGHBORHOOD ASSOCIATION NEWSLETTER NNA EVENTS 1 City Council Meeting Tuesday, May 5, 2009 7:00 P.M. Harvat Hall, City Hall 1 May NNA Meeting Thursday, May 7, 2009 7:00-S:OO PM. Horace Mann Gymnasium 1 Dodge Street Tire NNA Benefit Day Friday, May 8, 2009 Corner of Church & Dodge All residents and friends of the Northside Neighborhood are welcome. NNA N Ews 1 Near Northside Local Historic District The near Northside, a National Historic District, is undergoing the second stage in the historic districting process, an application for Historic District Overlay Zone (OHD) status. The possibility of seeking local historic district status for the near Northside was initiated last fall at a neighborhood association meeting to which everyone in the neighborhood was invited. That discussion was announced in the Northside Neighborhood Association newsletter which went out to every residence. The discussion continued at the January Northside Neighborhood Association meeting where participants voted to apply for the local historic district designation. Supplementing the City's official notification process, the NNA sent out a mailing to neighborhood homeowners, distributing flyers to every house in the proposed district and mailing flyers to the many owners who live outside the district. This same double contact process was used to issue invitations to a historic preservation information forum and dessert reception that took place on March 26th in Horace Mann gym. The proposed near Northside historic district received the unanimous approval of the Historic Preservation Commission on March 12th, and the unanimous approval of the Planning and Zoning Commission on April 2nd. At both public forums, the majority of citizens expressed enthusiastic support for the local district. May, 2009 1 Structures of the Historic Northside This two story hip-roof house from the first decade of the 20th century represents a transition between irregular Queen Anne shakes and the Four Square design that became so popular. Here the roof is pyramidal with a slight flare at the eaves. This is more subdued than a true Queen Anne, but not as simple as the Four Square. The house falls within the period of greatest growth for the University, from 1900-1940. This two-story hip-roof house, designed by O.H. Carpenter in 1904, is a wonderful blending of styles and details. The basic shape (pyramidal roof with projecting gables) has a strong Queen Anne feeling but the addition of the heavy front porch brings it into the 20th century. The design includes both rectangular and polygonal bays breaking the flat planes of the house. Neo-classical elements are seen in the cameo window and the Ionic columns on the porch. This is a very good example of early 20th century residential design. Opponents of the district have circulated a document that misrepresents the guidelines of the Historic Preservation Commission by asserting, for example, that the HPC exerts control over paint colors. The HPC review process only covers projects that require a building permit, but the guidelines provide advice on the best possible repair and continued on page 2 212 E. Fairchild 1906-12 416 Linn Street 1904 Near Northside Local Historic District continued alteration practices for historic houses. The Iowa City Historic Preservation Commission has approved 98% of projects that have required historic review. For accurate information about Historic Preservation guidelines in Iowa City, go to: www.icgov.org/HistoriePreservation or contact Christina Kuecker, Associate Planner, at 356-5243 Christina-kueckerC~ Iowa-city.org The City Council will consider the proposed district at their meeting on Tuesday, May 5th, 7:00, in Emma Harvat Hall at City Hall. 1 NNA fundraiser day at Dodge Street Tire & Auto Brian Sekafetz, the proprietor of Dodge Street Tire, is offering a percentage of his profits to the NNA on Friday, May 8th. If you think you are going to need tires in the near future, or any of the other services that Brian can provide (new battery, other repairs), visit Dodge Street Tire on May 8th. Telephone: 377-3031 Thanks again Dodge Street Tire! • - • o _ ~ Meeting with Zion Lutheran Church On Thursday, March 26th, several members of the Northside Neighborhood Association were treated to delicious pork and kraut dinners compliments of our neighbors at Zion Lutheran Church. The NNA visitors dined at tables cleverly adorned with cabbage centerpieces, listened to polka music, and watched church members rush to fill drink orders. And the pie! Well, let's just say the dessert table looked like a Wayne Thibaud painting. Afterward, the sated NNA members drifted downstairs, where they discussed Zion's plans for expansion with the Church's architects. The architects were urged to preserve the three charming houses which stand north of Zion on Johnson Street, and they smiled bravely in the face of multiple conflicting requests. 1 Partnership for Alcohol Safety Summit On Friday, March 27th, Northside Neighborhood Association members rubbed shoulders with Iowa City's movers and shakers-politicians, University members, local business owners, and college students-at a summit aimed at addressing the problem of binge drinking. After brief opening remarks (by Provost Wallace Loh, City Manager Michael Lombardo, and President Sally Mason), and after a bracing survey of the problem by Sarah Hansen, who showed that students at the University of Iowa engage in binge drinking at rates far surpassing national averages, participants met in small groups to come up with ways to address the problem. The suggestions offered by NNA members: make bars report the cover charges they collect, have the University take more responsibility for bad student behavior in neighborhoods. In the next activity, participants voted to determine which suggestions to pursue. Some ideas that advanced into the final round: have bars hold non-drinking nights, have more (non- drinking oriented) entertainment venues for students, address problems related to game-day tailgating parties. Agenda for May 7th meeting: ^ Free garden seed give-away (thanks to our neighborhood Ace Hardware store). ^ Meeting with members of the Parks and Recreation Commission, including Mike Moran, the acting Parks and Recreation Director. He will present a review of the Master Plan (currently under consideration by the City Council), discuss Capital Improvement Projects planned for the Northside (including N. Market Square and potential delays), and solicit input regarding general parks and recreation services. ^ Election of new NNA coordinator and supporting officers. 1 Summer Parties in Northside and Goosetown Parks The parties typically include live music, crafts, carnival games, and free ice cream! June 9th, Reno Park Alan and Aleta Murphy performing June 25, S. Hickory Hill Park Acoustic Mayhem performing July 16, Happy Hollow Park The Drollinger Family Band performing August 6, North Market Square Clover Ridge Trio performing 2 1 Chickens in the Northside? Would you like to see Blue Silkie Bantams parading around your backyard? Do you imagine yourself scrambling eggs gathered from your very own Cornish Rock? Don't get ahead of yourself Martha. Learn more about the local movement to allow as many as 5 chickens (no roosters) in Iowa City's backyards. http://www.thepetitionsite.com/ 1/allow-Iowa-city- residents-to-raise-urban-chickens ~ Welcome to the Neighborhood A new preschool, the Fairchild Street School, operated by Rachelle Pultrone, will be opening at 416 Fairchild St. The school's afternoon-only program will expand on Little Shadow Montessori's morning preschool program (at that same address) by offering an additional art program. The goal is to nurture, support, and encourage children to experience the joy of learning through creative use of materials and activities based on principles of respect for self, respect for others, and respect for the environment. For more information, call (319) 338-1928• The Northside welcomes to the community restaurateurs Tom Connolly and Jon Wilson who opened the Bluebird Diner at 330 E Market St. earlier this year. Site of a former paint store, the remodeled Diner serves breakfast, lunch, and dinner Tuesday through Sunday, lam-9pm. in retro style. While you can expect good diner food, don't be surprised by the catfish po'boy or the pulled-pork sandwich. Most items on the menu are made from scratch, in-house, with ingredients bought from local vendors. Business has been brisk so far, especially during the weekend breakfast cycle. Tom Connolly, who is from Cedar Rapids and has lived in Iowa City for the past twelve years, describes his corner on N. Gilbert and Market Streets as a great spot for people who want to avoid the difficulty of downtown parking or the commotion of the bar scene. Gone is the familiar Mautz logo; here to stay, the glittering blue naugahyde zodiac chairs. NNA MEETING MINUTES I~ Meeting January 22, 2009 Special guests for the monthly meeting were Doug Boothroy and Norm Cate of Iowa City's Housing and Inspection Services. Boothroy and Cate cited great success with the recent passage of two laws, the Porch Ordinance and the Sign Ordinance. The former mandates that no inside furniture (couches, recliner chairs) be allowed on front porches as it is often unsightly, a fire hazard, and a refuge for rodents. The latter refers to permanent "For Rent" signs affixed to rental units in neighborhoods alerting passersby to websites advertising rental units (cf. rentalhouses.com) which are sometimes in other parts of town or which are not presently available for rent. Discussion also centered on another burning issue: where to place garbage cans? While cans cannot be placed in front of the house in view of the street, Boothroy and Cate acknowledged the gray area of "reasonable distance" and said that having cans on the side of the house, in full view of the street, is legal. Any reinterpretation of the law, they suggested, should be made in the form of a code change. On the issue of nuisance properties, Boothroy and Cate announced the passage of a stiffening of the Nuisance Ordinance by the Iowa City Council, increasing the municipal infraction to a fine of $1000 for the second offense and requiring that renters be forced to move immediately. Since the passage of the Nuisance Ordinance in September 2003, there have been one thousand criminal complaints, mostly alcohol related/disorderly house. There followed a brief discussion of whether police officers should be more proactive in issuing citations rather than warnings on disorderly house calls. One neighbor noted that the Nuisance Ordinance can only be effective if there is a citation record for repeat offenders. Finally, there was a continuation of the last NNA meeting's discussion of whether to apply for local historic district status for an area of the near Northside. Possible boundaries were discussed and the NNA coordinator was given permission to use NNA funds for the application fee. 1 Meeting March 24, 2009 The meeting was devoted exclusively to the Near Northside Historic District. A guest panel included Jim Ponto, a Northsider and member of the Historic Preservation Commission; Mark McCullum, a local realtor and preservationist; and Mike Haverkamp, a board member of Friends of Historic Preservation. All were in attendance to ask questions relating to the impact of the proposed historic district and to matters ranging from replacing wooden windows with vinyl-clad ones (not a good idea, said Haverkamp) to flaming porches. Business also included mention of the upcoming election of a new steering committee at the May 7th meeting and the Dodge Street Tire NNA fundraiser on Friday, May 8th. 3 ~_ J May 13, 2009 Dear Council Membets, I write to address concerns that were raised at the last Council meeting about the compatibility of historic preservation with energy efficiency and affordability. Those concerns are important and deserve to be raised. Fortunately, studies exist that show how historic preservation can be both green and affordable. The National Trust for Historic Preservation has created a number of publications that explain how older buildings can be made energy efficient and eco-friendly (see the page from http: / /www.preservationnation.org/issues/ sustainability/green-home-tips.html). One example is their advice on the advantages-in terms of cost and effectiveness-of repairing wooden windows rather than replacing them with expensive vinyl or aluminum ones that won't last as long as the original; the accompanying "tip sheet" on how to repair and maintain wooden windows inexpensively provides a wealth of useful do-it-yourself information for cutting costs by rehabbing existing windows. The National Trust has also shown how, unlike any other areas, historic neighborhoods are providing homes for families from every financial strata, but particularly for those in need of affordable housing (see the pages from http•//www placeeconomics.com/dub/PlaceEconomicsPL~B2003b.pdf). The Trust notes that: • 31 percent of homeowners whose household income is less than $20,000 per year live in older and historic homes • 34 percent of renters whose household income is less than $20,000 per year live in older and historic homes • 29 percent of elderly homeowners live in older and historic homes • 53 percent of all owner-occupied older and historic homes have monthly housing costs less than $500 • 48 percent of tenant-~cupied older and historic homes rent for less $500 per month Given these statistics, the National Trust specifically advises communities to create more local historic districts to protect valuable cultural resources and preserve a rapidly vanishing inventory of affordable housing. For any community about to enact local historic districts, the National Trust's studies offer reassurance that such districts will not only preserve historic architecture and a communit~s past, but will also be a step towards increasing affordable housing and encouraging energy efficiency. ~ _:. Thank you for the hard work you do for the City. ..; >,~ Re e tfully yours, .,_ ` °"' ,. ,_ "°°' ~j ~~. C e po sle~f ' , rr~ ~- ~«- 413 N. Gilbert St. U ~;~ ~~ ;,~ .. ~ ~~ Green Home Tips ~~ ~ A /C`~i _ /~ ~~~ ~ ~~ n~ I ~ 5/13/09 6:04 PM Illustration by MCKIBILLO (from Preservation Magazine January/February 2008 issue). Stay Warm, Save Money The U.S. Department of Energy has complied a list of winter strategies to help you save energy during colder months. Some of the tips are free and can be used on a daily basis to increase your savings, while others are simple and inexpensive actions you can take to ensure maximum savings through the winter. Green Guide for Traditionally-Constructed Houses English Heritage has launched a new website, Climate Chanqe and Your Home, for homeowners who live in traditionally constructed houses. The website aims to help owners understand the potential impacts of climate change on their properties and how simple building maintenance can help to lessen the effects of increasingly extreme weather. The site also provides detailed advice on how to improve the energy efficiency of traditionally constructed houses while preserving their special character. A section is included on micro-generation which details how technologies such as micro-wind generation and solar thermal energy can successfully be incorporated into older buildings. Making Your Historic Building Energy Efficient Year-Round Worried about what increasing your building's energy efficiently will mean for your ongoing efforts to preserve its irreplaceable character and integrity? From plumbing to insulation, the following guides courtesy of our preservation partners in Boulder, CO, offer detailed tips for historic homeowners interested in softening the blow from rising energy costs. • Making Your Historic Building Energy Efficient (Sponsored by the City of Boulder's Historic Preservation Program and the Office of Environmental Affairs) • Makina Your Historic Building Energy Efficient: Principles & Aooroaches (Commissioned by the City of Boulder) • Making Your Historic Building_ Energy Efficient: Technical Details (Commissioned by the City of Boulder) Tip Sheet for Historic Wood Windows There is an epidemic spreading across the country. In the name of energy efficiency and environmental responsibility, replacement window manufacturers are convincing people to replace their historic wood windows. The result is the rapid erosion of a building's character, the waste of a historic resource, and a potential net loss in energy conservation. Typically replacement windows are vinyl, aluminum, or a composite with wood, and none will last as long as the original window. Repairing, rather than replacing, wood windows is most likely to be the "greener option" and a more sustainable building practice. Download our Historic Wood Windows Tip Sheet to learn more. --- ~:: i ,~ ~.~ :~~~ 4...,, -~ ._..__._ ___..._ __ _s___.__ __.._.___ _ d'' Nickname ' ~ C"~'i ='^~ r~ ~~,~ U ' - i'. ~(~ ;~ l,J http://www.preservationnation.org/issuesJsustainability/green-home-tips.html "~ Page 2 of 4 ~Ro~ ~ ~/~is{~ic Pres~//a,~ cN•C. f~ d~ ~~-Sl : `~Zc.e /U~ys.~~(.- a ~n~tccl~~-- ~ 1~~~ 20o Z ~ Older and Historic Neighborhoods -Beyond the Architecture Preservationists aze often accused of wanting to save buildings just because they are old, of valuing aesthetics over practicality, of standing in the way of progress for the sake of a bit of history. So let's look at older and historic neighborhoods for a moment without the lens of the educational, cultural, social, and architectural values of preservation. There is a growing recognition that the affordable housing crisis can't be addressed with just housing - it must be addressed on the neighborhood level. So instead of looking at architectural styles, let's look instead at the needs of families, particularly families of modest means, and look at the nature of the neighborhood rather than the building. Families need proximity - to work, to schools, to shopping, and to public transportation. So compare older and historic neighborhoods to new housing. Over 40 percent of residents in older and historic neighborhoods are within five miles of work. Less than one resident in four in new housing is that close to their place of employmentx~"" Proximity to Work Older and Historic Neighborhoods vs New Construction r~% 40% 30% 20% 10% 0% ^ Re 1950 ^ New Construction ;.~i ~.. ~.. ~ . e'`. a ::;P --~: -~. •~ la.! .L.:. .~.~: f ~~ .~i~ !! Over two-thirds of older and historic neighborhoods have an elementary school within one mile. Less than 40 percent of new construction does. 8 9ementary School within 1 Nile Older and History Neighborhoods vs New Construction 60% I 50% i ~o~ 30% 20°k 10°,6 0% .._._. ~. _~...__ rp Pre 1950 p New Construci~ Over 60 percent of houses in older and historic neighborhoods have shopping within one mile. Barely 40 percent of new houses do. 0°~ Shopping within 1 Mile Older and History Neighborhoods vs New Construction _____..__._ _._. 60% 0° ---~---i --- 5 ~ 40°k 30% 20% 10°~ o°~ ____~ ° ___ ^ R- 1 sso p Naw Construction -- TM~ ~,..~.:-~ .. ~ S..' ~~ c~7 : ~"' ? :z~ ;; ,,a µ :~• ~.~ Public transportation is available to residents in nearly 60 percent of older and historic neighborhoods. Three quarters of new housing has no public transportation available nearby. Recently lenders have recognized a household can, in fact, afford "more house" than would be the case under standardized formulas when public transportation is within walking distance. 9 Public Transport ion Available Older and Historic Neighborfioods vs. New Construction 70% 60% 50% ----`--d 40% 30°~ s 20% 10% 0% ~ Pre 1950 O New Construct»e~ And finally returning to the critical issue of affordability compare the percent of housing under $150,000 in older and historic neighborhoods (over 70%) with the new units in that affordability range (bazely half). /lffordable Housing Older and Historic _. C":a ,- ,; .:, $ vs. Hew Construction _. "„ ^~ ~,,.~ ~....~_ o% _ ~: __.__.._. s . ~ 70% ---p ~_~° g ~~ ©fJ 40% ' 30°k ~=. 10% ~ 0% Under x150,000 ~ D Pre 1950 O New ConstruUion Taking Care of the Neighborhood Public policy has not served older and historic neighborhoods well. The first step in reversing this pattern is to make the decision that "We have to destroy this neighborhood in order to save it" is no longer acceptable public policy. But stopping rampant demolition is not sufficient. We have to find ways to reinvest so that existing neighborhoods are stabilized. The National Association of Home Builders has identified the proximity of vandalized and abandoned housing as the variable having the greatest adverse impact on the value of single-family residences""'. But where is that vandalized and abandoned housing found? Disproportionately in older and historic neighborhoods. Nearly 10 percent of our older housing stock is within half a block of vandalized and abandoned housing. What does that mean for property values? It means we are literally stealing an average $8,000 of housing equity from each of those homeowners through our neglect. Twenty six billion dollars is missing from the value of housing because we have been Page 1 of 1 o~ J Marian Karr From: tidal, Eric [eric-gidal@uiowa.edu] Sent: Tuesday, May 19, 2009 12:33 PM To: Council Subject: Northside Historic District Dear City Council, I wanted to commend and thank all of you who are supporting the creation of a Historic District in the Near Northside. Your support of this community effort helps to encourage responsible investment in the city's central district and maintain an economically and aesthetically viable neighborhood adjoining our downtown. As residents, we look to city council to provide leadership for the whole city, and your support of such efforts is very much appreciated. Sincerely, Eric tidal 328 Brown St. Iowa City 5/19/2009 ~~ 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 2B-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. Amending paragraph 14-48-46 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 14-46-46(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 14-4B-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-46(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 14-9A, 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 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 ~~ a ~~~-~~~~~~~~~ City Attorney's Office ~~ ~ 7~~~ 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 5 / 19 / 2009 Vote for passage: AYES: Bailey, Champion,_Correia, Wilburn, Wright. NAYS: Hayek, O'Donnell. ABSENT: None. Date published