HomeMy WebLinkAbout2003-04-07 OrdinancePrepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCENO.
AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE B,
ENTITLED "ZONING DEFINITIONS~" AND ARTICLE M, ENTITLED "ACCESSORY USES AND
BUILDINGS," SECTION '1, ENTITLED "PERMITTED ACCESSORY USES AND BUILDINGS."
WHEREAS, the provision of childcare is a use that is commonly accessory to residential uses; and
WHEREAS, there is a demonstrated need for the provision of childcare within the community; and
WHEREAS, the State of Iowa has made certain changes to the regulation of childcare homes which
allow an increase in the number of children allowed in any one childcare home provided that certain site
and facility requirements are met; and
WHEREAS, changes to the City Code are necessary to be consistent with the State regulations and
will open up the opportunity for additional quality childcare in Iowa City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF iOWA CITY,
IOWA:
SECTION I. APPROVAL: City Code Title 14, Chapter 6, Zoning, Article B, Zoning Definitions, be
amended to replace the existing definition of Child Care Home, with the following definition:
CHILDCARE HOME: A home-based childcare facility, which provides less than twenty-four (24) hours
per day care or supervision in a residence for a maximum of sixteen (16) children at any one time.
City Code Title 14, Chapter 6, Zoning, Article M, Accessory Uses and Buildings, Section 1, Permitted
Accessory Uses and Buildings, Subsection A, paragraph 12 is amended to replace the existing text with
the text that follows:
12. Childcare homes that provide care for up to 8 children, provided the operation and maintenance of
the childcare home meets all applicable State requirements. A childcare home is permitted one
nonresident caregiver in addition to the primary resident caregiver.
A new paragraph is added to 14-6M-IA, as follows:
13. Childcare homes that provide care for 9 to 16 children, provided the following conditions are met:
a. The home must provide a fenced outdoor play area of not less than 50 square feet per child
based on the maximum number of children that will be using the outdoor play area at any
given time;
b. The home must contain 35 square feet of interior floor space per child, excluding kitchen,
bathrooms, and halls;
c. The home must have a working fire extinguisher, smoke detectors, and two direct exits;
d. The operation and maintenance of the home must meet all applicable State requirements.
e. The home is permitted one nonresident caregiver in addition to the primary resident caregiver.
City Code Title 14, Chapter 6, Zoning, Article M, Accessory Uses and Buildings, Section 1, Permitted
Accessory Uses and Buildings, Subsection B, paragraph 15 is amended to replace the existing text with
the text that fellows:
15. Childcare homes that provide care for up to 8 children, provided the operation and maintenance of
the home meets all applicable State requirements. A childcare home is permitted one nonresident
caregiver in addition to the primary resident caregiver.
A new paragraph is added to 14-6M-1 B, as follows:
16. Childcare homes that provide care for 9 to 16 children, provided the following conditions are met:
a. The home must provide a fenced outdoor play area of not less than 50 square feet per child
based on the maximum number of children that will be using the outdoor play area at any
given time;
b. The home must contain 35 square feet of interior floor space per child, excluding kitchen,
bathrooms, and halls;
c. The home must have a working fire extinguisher, smoke detectors, and .two direct exits;
d. The operation and maintenance of the home must meet all applicable State requirements.
e. The home is permitted one nonresident caregiver in addition to the primary resident caregiver.
Ordinance No.
Page 2
SECTIQN 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 unconstitutionak
SECTION VII. 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 ,2003.
MAYOR
ATTEST:
CITY CLERK
Ordinance No.
Page
It was moved by and seconded by
as read be adopted, and upon tell call there were:
that the Ordinance
AYES:NAYS:ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 4/~/03
Voteforpassage:AYES: Champion, Kanner, Lehman, 0'l)onne'l'l, Pfab, V,~nderhoef,
~lilbu~-n. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, iA 52240; 319-356-5240 (REZ02-00020)
ORDINANCE NO.
AN ORDINANCE REZONING 2.8 ACRES FROM FACTORY BUILT HOUSING RESIDENTIAL
(RFBH) TO PLANNED DEVELOPMENT HOUSING OVERLAY 12 (OPDH-12) AND AN OPDH
PLAN FOR SADDLEBROOK ADDITION PART II LOCATED ON THE E. AST SIDE OF HEINZ
ROAD, EAST OF PADDOCK BOULEVARD.
WHEREAS, the property owner, The Paddock LLC, has requested a rezoning to allow the
development of 26 townhouse-style dwellings; and
WHEREAS, the Planning and Zoning Commission has found that the proposed High Density Single-
Family (RS-12) zoning with a Planned Development Overlay (OPDH-12), provides a transition between
the existing Residential Factory-Built Housing (RFBH) and Medium Density Multi-family (RM-20) zone in
the area; and
WHEREAS, the Planning and Zoning Commission found the proposed RS-12 zoning and OPDH
plan to be in conformance with the Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed
preliminary OPDH plan, including variations from the underlying RS-12 zoning to allow 26 attached
multifamily units on a single lot; and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and
Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAl The property described below is hereby reclassified from its current
classification of RFBH to OPDH-12 and the associated preliminary planned development plan is hereby
approved:
Lot 5, Part 2, Saddlebrook Addition, Iowa City, IA as recorded in plat Book 42, pages 246 and 247,
Johnson County Recorders Office.
SECTION II VARIATIONS The RS-12 requirement that townhouses be located on individual lots is
hereby waived to allow the clustering of up to 26 townhouse-style dwelling units on one common lot.
~. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV SEVERABII ITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATF. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of ,20.__
MAYOR
ATTEST:
CITY CLERK
Ordinance No.
Page _.
It was moved by and seconded by
as read be adopted, and upon mil call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 3/11/03
Voteforpassage:AYES: Wilbur'n, Champion, Kanne~', Lehman, O'Donne]], Pfab,
Vandet'hoef. NAYS: None. ABSENT: None.
Second Consideration 4/7/03
Voteforpassage: AYES: Kanner, Lehman, O'Donne]], Pfab, Vanderhoef, ~/*i]bu~n,
Champion. NAYS: None. ABSENT: None.
Date published
AM Management
805 S. Gilbert St. Iowa City Ia. 52240
Ph: 319-354-1961 Fax: 319-351-0070
March 18, 2003
RE: Lot 5 Saddlebrook Addition Part 2, Preliminary PDH12 Plan
Mr. Mayor and City Council Members
Thank you for your support and kind words at the City Council meeting on March 11~, 2003.
We are very proud of The Saddlebrook Development and feel we have helped families find
quality, affordable housing in SE Iowa City.
We respectfully request that Council consider combining the second and third reading for this
project at the Council meeting scheduled for Tuesday, April 8t~, 2003.
Thank you for your support.
Respectfully, ,~
Steve Gordon
General Manager
AM Management
Prepared by: Lisa M. Mollenhauer, Admin Asst to City Manager, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5010
ORDINANCE NO.
ORDINANCE AMENDING TITLE 10, ENTITLED "USE OF PUBLIC WAYS,"
CHAPTER 3, "COMMERCIAL USE OF SIDEWALKS," BY AMENDING SECTION t,
ENTITLED "DEFINITIONS," TO INCLUDE MOBILE VENDING CART AND MOBILE
VENDOR; AMENDING TITLE 10, CHAPTER 3, SECTION 4, ENTITLED "NUMBER OF
PERMITS; USE LIMITATIONS, EXCLUDING SIDEWALK CAFES," TO EXCLUDE
MOBILE VENDING CARTS; AMENDING TITLE 10, CHAPTER 3, SECTION 5 BY
RENUMBERING IT AS SECTION 6; AMENDING TITLE t0, CHAPTER 3 TO ADD A
NEW SECTION 5, ENTITLED "USE BY MOBILE VENDORS" TO ALLOW MOBILE
VENDING CARTS ON IOWA AVENUE; AND AMENDING TITLE t0, CHAPTER 5,
SECTION 9-A-3-(d) TO CHANGE THE PERMITTED DIMENSIONS OF VENDING
CARTS.
WHEREAS, Section 10-5-9(A) of the City Code allows mobile vending on City Plaza;
and
WHEREAS, Iowa Avenue was renovated in such a manner to provide additional
locations for mobile vending; and
WHEREAS, mobile vending enhances a pedestrian-friendly ambience in downtown
Iowa City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 10, Chapter 3, Section 1 of the City Code, entitled
"Definitions" is hereby amended by adding definitions of "mobile vending cart" and
"mobile vendor", as follows:
MOBILE VENDING CART: A nonmotorized structure on wheels that is easily moved
and is used for vending.
MOBILE VENDOR: Operator of mobile vending cad.
SECTION II. AMENDMENT. Title 10, Chapter 3, Section 4, entitled 'Number of
Permits; Use Limitations, Excluding Sidewalk Cafes" is amended to also exclude mobile
vending cads as follows:
NUMBER OF PERMITS; USE LIMITATIONS, EXCLUDING SIDEWALK CAFES
AND MOBILE VENDING CARTS: The City Manager is authorized to issue no more than
two (2) permits in any one calendar year to businesses or business organizations for the
temporary use of sidewalks for any commercial purpose in commercially zoned districts
excluding sidewalk cafes and mobile vending carts. Such permits shall be limited to the
temporary use of sidewalks abutting said businesses or business organizations and shall
be limited to ne more than three (3) days for any one permit.
SECTION II1. AMENDMENT. Title 10, Chapter 3, Section 5 is amended by
renumbering it as Section 6, and creating a new Section 5 entitled "Use By Mobile
Vendors" to permit mobile vending carts on Iowa Avenue, as follows: USE BY MOBILE VENDORS:
A. Specific locations have been designated within the boundaries of City Plaza and
the 100, 200, and 300 blocks of Iowa Avenue for the operation of mobile vending
cads. Each mobile vending permit shall carry with it the authorization to operate
at one (1) or two (2) designated locations.
B. All lease applications for mobile vendor operations must be received at least four
(4) weeks before the proposed start of the lease.
C. The City Manager or designee may issue a permit to operate a mobile vending
cart in the public right of way after careful consideration and assurance that the
following conditions have been or will be met:
1. An authorized designated mobile vending location is available which will not
interfere with the operation of an existing mobile vendor, the general use of
the public right of way and free movement within the emergency/service lane.
2. The applicant's proposed mode of operation will not impede the free flow of
pedestrian traffic along the public right of way or in or out of adjacent
properties.
3. The applicant agrees to operate the applicant's business only at designated
mobile vending locations or in transit between them. The applicant's permit
may be revoked, after written notice, if these specified locations are not used.
4. The dimensions of the applicant's vending cart shall not exceed a size of four
feed wide by nine feet long by eight feet high (4' x 9' x 8').
5. The applicant shall store the vending cart off the City Plaza or public right of
way and shall describe the provisions for storage in the permit application.
6. The applicant has obtained all necessary permits required by the County
Department of Health.
7. The applicant must adhere to the Administrative Rules Governing Vending
set by the City Manager or designee.
D. The sale or assignment of a mobile vending permit is expressly prohibited.
E. The City reserves the right to revoke a permit, for reasonable cause shown, in
order to protect health, safety, welfare, and aesthetic ambience.
SECTION IV. AMENDMENT. Title 10, Chapter 5, Section 9-A-3(d) is amended by
repealing it in its entirety and incorporating in lieu thereof a new subsection 10-5-9-A-
3(d) as follows:
d. The dimensions of the applicant's vending cart shall not exceed a size of four
feet wide by nine feet long by eight feet high (4' x 9' x 8').
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 of 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 effect after its final
passage, approval and publication, as provided by the law.
Pass and approved this day of ,2003:
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Ofl~e -
Ordinance No.
Page.
It was moved by and seconded by
as mad be adopted, and upon roll call them were:
that the Ordinance
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 4/7/03
Vote for passage: AYES: Lehman, O'Donnell, Pfab, Vanderheof, Wilburn, Champion,
Kanner. NAYS: None. ABSENT: Nbne.
Second Consideration
Vote for passage:
Date published
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356~5030
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE t, "ADMINISTRATION," CHAPTER 9,
"CITY ELECTIONS," SECTION 2(A), "DEFINITIONS," OF THE CITY CODE TO
AMEND THE DEFINITION OF "CANDIDATE'S COMMITTEE" TO BE
CONSISTENT WITH THE RECENTLY AMENDED DEFINITION OF
"CANDIDATE'S COMMITTEE" IN THE CAMPAIGN FINANCE CHAPTER OF
THE STATE CODE THAT INCREASES THE LEVEL OF CONTRIBUTIONS
WHICH REQUIRE THE ESTABLISHMENT OF A COMMITTEE AND THE
ATTENDANT REPORTING REQUIREMENTS FROM $500 TO $750.
WHEREAS, effective April 2002, the campaign finance provisions of the State Code
(Chapter 56) were amended to increase the contributions which require the establishment of a
Candidate's Committee from $500 to $750; and
WHEREAS, the definition of "Candidate's Committee" in the City Code mirrors the previous
definition in state code and is included in the City ordinance merely because Iowa City prohibits
a candidate or a "candidate's committee" from accepting contributions in excess of $100; and
WHEREAS, Iowa City does not have its own enforcement mechanism for the $100
limitation, relying on self-enforcement and the State campaign's finance reporting requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Title 1, Chapter 9, Section 2, subparagraph A, entitled
"Definitions" is hereby amended by deleting the definition of "Candidate's Committee" and
substituting the following definition in lieu thereof:
CANDIDATE'S COMMITTEE: The Committee designated by the Candidate to receive
contributions as defined in Chapter 56 of the State Code of Iowa.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION II1. 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 unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of ,20
MAYOR
ATTEST:
CITY CLERK
City Attorney's Office
Eleanor~otd~Candidat es doc
Ordinance No.
Page.
It was moved by and seconded by
as read be adopted, and upon mil call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 3/11/03
Voteforpassage:AYES: Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn,
Champion. NAYS: None. ABSENT: NOne.
Second Consideration 4/7/03
Voteforpassage:AYES:0'Donne11, P,fiib, Vanderhoef, Wilburn, Champion, Kanner, Lehman
NAYS: None. ABSENT: None.
Date published