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HomeMy WebLinkAbout2003-05-05 Ordinance Prepared by: Shelley McCafferty, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ02-00022) ORDINANCE NO. AN ORDINANCE TO AMEND AN EXISTING PRELIMINARY PLANNED DEVELOPMENT HOUSING PLAN (OPDH-8) TO ALLOW A 64-UNIT RESIDENTIAL DEVELOPMENT FOR LOT 255 OF WINDSOR RIDGE PART 'FVVELVE LOCATED AT THE INTERSECTION OF COURT STREET AND ARLINGTON DRIVE. WHEREAS, the applicant, Arlington L.C., is owner and legal title holder of approximately 7.93 acres of property located at the southwest comer of the intersection of Court Street and Arlington Drive; and WHEREAS, the subject properly was rezoned from Low Density Single Family Residential (RS-5) to Medium Density Single Family Residential (RS-8) in 1995 subject to a conditional zoning agreement requiring a future OPDH rezoning and approval of a development plan for the property; and WHEREAS, an OPDH-8 plan was approved in 1999 for the construction of four 18-plex buildings with underground parking; and WHEREAS, the Planning and Zoning Commission has determined that the proposed amended Preliminary OPDH Plan is in compliance with the Comprehensive Plan and technical compliance with all applicable provisions of the City Code; and WHEREAS, the Planning and Zoning Commission approved a variation to allow multiple principle multi-family buildings on a single lot; and WHEREAS, the Planning and Zoning Commission approved a variation to reduce the distance between two principle buildings on a single lot from a distance equal to the height of the highest building to 17 feet provides for more .efficient land use; and WHEREAS, the Planning and Zoning Commission approved a variation to allow three apartment buildings on a lot in a Medium Density Single Family Residential (RS-8) zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL.: The amended Preliminary OPDH-8 Plan for Lot 255 of Windsor Ridge Part 12 is hereby approved. SECTION II. VARIATIONS. Section 14-6J-2-D-7 of the City Code provides that combinations of land uses are permitted and variations in building setback and lot area requirements may be approved for planned developments, and Section14-6J-2-B of the City Code provides for flexibility in architectural design, placement and clustering of buildings, use of open space, traffic circulation and parking, and related site and design considerations. The following waivers are approved as part of the Preliminary OPDH Plan: a. Waiver of the general previsions to allow multiple principal buildings on a single lot in an RS zone. b. Waiver of the underlying RS-8 zoning to allow three 12-unit apartment buildings. c. Reduction of the required distance between two principle buildings from a distance equal to the height of the highest building to 17 feet. SECTION III. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION IV. CERTIFICATION AND RECORDING The City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the amended Preliminary OPDH Plan for this property, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinancas 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. Passed and approved this __ day of ,20___ Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK City Al(/o}n~y's Offic~ ppdadm/ord?341 fiversideOSA-RNC20.doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon tell call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 4/22/03 Voteforpassage: AYES: Kanne~', Lehman, O'Donne'll, Vanden'hoer, t~ilbut-n, Champion. NAYS: Pfab. ABSENT: None. Second Consideration 5/5/03 Vote for passage: AYES : Pfab, Wndet-hoef, ~li]but'n, Champion, Kanne~', Lehman, 0'Donne11. NAYS: None. ABSENT: None. Date published Prepared by Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES", CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS", OF THE CITY CODE TO PROHIBIT PERSONS WHO ARE UNDER NINETEEN (19) YEARS OF AGE FROM ENTERING OR REMAINING IN ESTABLISHMENTS WITH LIQUOR CONTROL LICENSES OR WINE OR BEER PERMITS BETWEEN THE HOURS OF 10:00 P.M. AND CLOSING. WHEREAS, underage drinking in Iowa City has a significant and negative impact on the health, safety and welfare of its citizens; and WHEREAS, as evidenced by the number of charges for Possession of Alcohol Under the Legal Age, a significant number of persons under the legal drinking age are accessing alcohol in establishments whose primary purpose, particularly after the hour of 10:00 p.m., is the sale of alcoholic beverages; and WHEREAS, the Iowa City City Council desires to prevent persons under the age of nineteen (19) from entering or remaining in such establishments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section I. AMENDMENT. Title 4, entitled "Alcoholic Beverages", Chapter 5, entitled "Prohibitions and Restrictions" of the City Code is hereby amended to add a new section 8 as follows: Section 4-5-8: PERSONS UNDER LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS. A. No person, individual, association, corporation, partnership or club holding a liquor control license, wine or beer permit, which authorizes on the premises consumption, nor his or her agents or employees shall allow a person who has not yet attained the age of nineteen (19) years of age to enter or remain in the licensed or permitted establishment between the hours of 10:00 p.m. and closing. B. However, the provisions of subsection (A) shall not apply when: (1) The person under nineteen (19) years of age is an employee of the license or permit holder, or performing a contracted service for the license or permit holder on the premises, and is on the premises during his or her scheduled work hours. (2) The person under nineteen (19) years of age is accompanied by a parent, guardian, spouse or domestic partner registered as such under Section 2-6-3 of the City Code who is nineteen (lg) years of age or older. (3) The licensee or permittee applies for and qualifies for an exception certificate from the chief of police, or his or her designee, as follows: (a) A licensee or permittee whose primary business purpose is not the sale of alcoholic beverages, wine or beer may qualify for an exception by filing with the City Clerk a verified statement from a certified public accountant or an accountant which establishes that on average over a calendar year more than fifty (50) percent of the licensee's or permittee's gross sales on the premises are from the sale of goods or services other than alcoholic beverages, wine or beer, which sales shall not include income from fees charged to gain entry to or remain on the premises, such as cover charges, drink mixes or any part of an alcoholic beverage as defined in Chapter 123 of the State Code. The statement shall state the actual percentage of such sales and be based on records made in the regular course of the licensee's or permittee's business. (b) In addition to the aforementioned statement, proof of qualification for the exception may include the business records on 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, which records shall be made available to the Chief of Police or designee for review upon request. (c) The Chief of Police or designee shall issue an exception certificate if the licensee has satisfied the above requirements. (d) An exception certificate shall be effective for the duration of the alcoholic liquor control license, wine or beer permit. (e) A new licensee or permittee as opposed to one applying for a renewal of an existing license or permit, whose primary business purpose in not tl'ie sale of alcoholic beverages, wine or beer may obtain a temporary 6 months exception certificate if the licensee's or permittee's business plan anticipates sales as required by subsection 3(a) of this section and the licensee or permittee submits an affidavit which details the nature of the new establishment and the anticipated percentage of sales of food and non- alcoholic beverages. At the end of the 6 month period the licensee or permittee may obtain an exception certificate for the remainder of the duration of the license or permit in accordance with subsections (a) through (c) hereof if sales during the 6 month period support an exception. (f) To be effective in excepting the licensee or permittee from the prohibition in subsection A hereof, the exception certificate issued by the Chief of Police or designee must be posted at every entrance to the licensed or permitted establishment in view of patrons of the licensed or permitted establishments. (4) The person under nineteen (19) years of age is on the premises during a time that the licensee or permittee has, in accordance with a written notice and plan given in advance to and approved by the Chief of Police or designee, suspended dispensing alcoholic beverages on the licensed premises. Said plan must provide a method by which alcoholic beverages will be out-of-sight and reach of patrons. If the plan is approved, the Chief of Police or designee shall issue a certificate approving the event, which certificate shall be posted at every entrance to the licensed establishment in view of patrons of the licensed or permitted establishment. It shall be the strict duty of a licensee or permittee permitting such persons under nineteen (19) years of age onto the licensed premises pursuant to such a plan, and the agents and employees of the licensee or permittee, to prevent persons under the legal age from consuming or possessing alcoholic beverages on said premises. C. Between 10:00 p.m. and closing, no person under'nineteen (19) years of age shall enter into or remain on the premises of a licensed or permitted establishment which authorizes on the premises consumption unless: (1) the person is accompanied by a parent, guardian, spouse or domestic partner registered as such under Section 2-6-3 of the City Code who is nineteen (19) years of age or older; (2) the person is an employee of the licensee or permittee or performing a contracted service for the license or permit holder on the premises, and is on the premises during his or her scheduled work hours; or (3) a valid exception certificate is posted pursuant to subsection 4-5-8(B)(3) of this Section or a valid certificate approving a non-alcoholic event is posted pursuant to subsection 4-5-8(B)(4) of this section. D. Unless a valid exception certificate under the provisions of 4-5-8(B)(3) of this Section has been obtained and posted, or a certificate approving a non-alcoholic event under the provisions of Section 4-5-8(B)(4) of this Code has been obtained and posted for the duration of the event, the holder of a liquor control license, wine or beer permit, which authorizes on premises consumption, shall obtain from the City Clerk and post a notice at every entrance to the licensed or permitted establishment in view of patrons of the licensed or permitted establishment, stating: Notice to Persons Under Nineteen (19) Years of Age. You are subject to a fine of $250.00 for being on these premises between the hours of 10:00 p.m. and closing unless: 1. you are accompanied by a parent, guardian, spouse or domestic partner registered as such under Section 2-6-3 of the City Code who is nineteen (19) years of age or older; or 2. you are an employee of this establishment or performing a contracted service with respect to this establishment and are on the premises during your scheduled work hours. Said notices will be prepared by the City Clerk and available at no charge. E. (1) A person under nineteen (19) years of age who violates the provisions of subsection (C) of this section is guilty of a simple misdemeanor punishable by a penalty of Two Hundred Fifty and 00/100 Dollars ($250.00) (2) Violation of the provisions of subsections (A) or (D) of this section shall be a municipal infraction. Section I1. 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 adjudicated invalid or unconstitutional. Section IV. EFFECTIVE DATE. This Ordinance shall take effect on August 1, 2003. Passed and approved this day of ,20 MAYOR ATTEST: CITY CLERK .¢[~/oved by: ,, ~ City Attorney's Office Eleanor~ord\under21ordinance.doc Ordinance No. Page .. It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 4/22/03 Voteforpassage:AYES: Vahderhoef; Wi]burn, Champion, Kanner, Lehman, 0'Donne'l], NAYS: Pfab. ABSENT: None. Second Consideration 5/5/03 Vote for passage: AYES: Vanderhoef, Wi]burn, Champion, Kanner, Lehman, 0'Donne]], Pfab. ~IAYS: None. ABSENT: None. Date published Page 1 of 1 Marian Karr From: Mjuv@aol.com Sent: Wednesday, April 23, 2003 8:11 AM To: council@iowa-city.org Subject: 21 Only in bars The outcry from bar owners about the proposed new law should terl you how much money they make selling alcohol to under age kids. They wouldn't yell so loud if they were selling them Pepsi! Now they want to take steps to really identify the under age people. That says they haven't been doing doodle squat up to this point! My daughter worked at a local bar as a waitress. She was given no instruction about checking ID's_.. And it was one recently cited for selling to underage kids. They really just want to make money. Underage drinking is not a problem for bar owners, in fact, it's profitable! Mike Juvenal 2327 Cameron Way Iowa City 4/23/03 Marian Karr From: James Dreier [mudrums@yahoo.com] Sent: Tuesday, April 22, 2003 10:32 PM To: council@iowa-city.org Subject: No to the 21 law Please read the following letter to the editor that I am sending in. It's for your eyes mainly. Thank you. James Dreier 424 N. Van Buren Iowa City, IA 52245 (319) 354-7115 Letter to the editor West High School wins the Iowa Jazz Championships (again). City High places 6th and is the selected to play at the annual Iowa Bandmasters Association Conference. 3 to 5 students from the coumlunity perform with the "All-State Jazz Band" each year. Many go on to prestigious jazz schools and rich musical lives. Why does Iowa City succeed in producing such highly skilled jazz musicians? It is a truly remarkable accomplishment, and one that rarely gets the attention it deserves. Of course the first nod is to the hard-working students and the parents who support them. Our cor~nunity also has outstanding jazz educators at all levels and features many live performance opportunities for young people {Pod-Mall music, Iowa City Jazz Festival, Iowa Arts Festival, UI concerts, etc.). But there is another critical asset in the Iowa City jazz conm~unity. It is a "club;" a "bar;" the Sanctuary Restaurant to be exact. The Sanctuary is a rare gem; a live music club/restaurant that is comfortable, music friendly and fun to be in. Darryl (Woody) Woodson has run the place with blood, sweat and tears (not always his own) for many years, and his col~nitment to quality live music has benefited the I.C. community which, in turn, tries to regulate him out of business. In spite of it all, Woody has consistently invested in jazz. Many young musicians and jazz lovers (including my high school and college age children) go there to hear jazz from around the world and around the block. In fact, the scene at the Sanctuary (including the Thursday night jam sessions) draws jazz lovers from across Iowa and the country. It is a vital and czeative scene in an alcoholic establishment that does not promote under-age or binge drinking. As a jazz educator and musician, I believe that the opportunity for young people to hear jazz {and other styles) in a live-music club is critical to their education and musical lives. If the "21 Only' law goes into effect, the Sanctuary will be unavailable to ! a majority of the young people who want to go there. Other live-music venues will suffer as well. This will have a ripple affect, and will diminish the cultural integrity that Iowa City loves to brag about. As the City Council lines up the many un-intended consequences of this well-intentioned, if inept, attempt at behavior modification, please include this one. You will be preventing young people from entering a jazz-sanctuary that promotes an appreciation of the art and the discipline to achieve it. Your message will be clear: If you are under 21, this Sanctuary is not for you. James Dreier Musician Assitant professor (jazz/percussion) University of Iowa Do you Yahoo!? The New Yahoo! Search - Faster. Easier. Bingo http://search.yahoo.com Page 1 of 1 Marian Karr From: Mjuv@aol.com Sent: Monday, April 28, 2003 12:20 PM To: council@iowa-city.org Subject: Under 21 Drinking Age I thought you're going to do the right thing, but, at the last minute, you backed away. Sad, sad, sad! I realize that the biggest business constituency in this city is bar owners. It must be hard to ignore that, but when faced with the potential lives lost from underage drinkers driving or becoming addicted following being in downtown bars, the choice seems a no- brainer. You, of course, realize that bar owners will lose substantial profits if 21 only came to pass; profits from selling liquor to minors. The bar owners and students have had decades to deal with the problem. Why do you think they will address it now? They won't! They're stalling. Quit pussyfooting around. Either do the right thing and keep kids out of bars, or quit pretending that you really want to do something about a problem! Mike Juvenal 2327 Cameron Way Iowa City 4/28/03 March 6, 2003 ~ ~ City Council of the City of Iowa City ; i~ "¢~:t ,~:~'j"' 2 ~ ;~ 410 E. Washington iowa City, Iowa 52240 C~'' ' ~ RE: Proposed ordinance to prohibit underage adults from entering alcoho ia ~ t :.' -' establishments. Dear Iowa City Council Members, I am writing to you to express my objection to the passing of an ordinance, which would prohibit underage adults from entering an alcohoMicensed establishment. I acknowledge that underage ddnking and over consumption of alcohol are issues that should be addressed in Iowa City, but I believe that the proposed etd nance would have negative effects on my community for the following reasons: 1. Bars and restaurants provide a safer environment than private parties. 2. It is not illegal to dance, play billiards and arcade games, attend drag shows, attend concerts and bands, listen to poetry readings, watch comedy shows or socialize. 3. The ordinance will force several entertainment venues out of business. 4. Many restaurants that are subsidized by the entertainment venues will be forced out of business. 5. Late night dining will be restricted. 6. Many full time jobs and hundreds of high paying student jobs will be lost. 7.. Students will be less likely to attend The University of Iowa. Students will be less likely to have visitors come to Iowa City. 8. Bars and restaurants contribute a substantial amount of money to Iowa City charities and philanthropies. I agree that underage drinking and over consumption of alcohol is an issue in Iowa City. I do not agree new regulation or laws are the way to solve it. I suggest enforcing current laws, education, social norming and forming a task force of community members to work together with the city are better alternatives to solve the issue. Pdnt Name: ~.T_A/5~-~?.~-~,LL/~L~ Age (Optional): '[?L Address: ~0(J ~J.~-¢{9(~ V~,~ ~ (-i'¢,~ ~ Additional Comments: ¥~u 5¢0'~b ~A, ¢~'~- 0~ [/)(~. _pr~Jr/~qS~-~b~ Marian Karr From: Reichardt, Mary [mary-reichardt@uiowa.edu] Sent: Wednesday, April 30, 2003 8:12 AM To: 'cou ncil@iowa-city.org' Subject: 19 only rule Dear Council Members: I am deeply disappointed in your inability to do what is best for this city as a whole. I am a law-abiding citizen who pays all kinds of taxes and have for years. I thought you had found the courage and the backbone to do what was right overall and not just for one small group of destructive individuals who drink too much and want no one interfering with that irresponsible and destructive behavior, who pay little in taxes and move on after four or five years, never looking back to see the damage they have done. I can not conitnue to vote for people who can not support the people who are law-abiding, tax paying citizens and who deserve to have a downtown area they can live, work and play in. Mary Reichardt Marian Karr From: Matthew McGrath [mcgrath_matthew@hotmail.com] Sent: Friday, May 02, 2003 12:09 PM To: cou ncil@iowa-city.org Subject: 19 Ordinance: Take Your Time Council Council Members of Iowa City, I just wanted to say that the 19 ordinance is a step in the right direction, more so than the 21 ordinance at least. But, I do have to say, why rush the passing of the 19 ordinance? If you rush, you are bound to make mistakes in the wording, and mistakes are one thing the Iowa City Concils already tarnished reputation does not need. I did 4 years active duty service with the Marine Corps and was lucky enough to have the chance to travel all over the United States and the world. Out of all the towns and cities I~ve visited and lived in, Iowa City has to be one of the most messed up I've ever seen. The city council has its priorities backwards. Lay off the students, they aren't going anywhere, you knew that when you moved here. Lay off the students and wake up and smell the coffee. Iowa City doesn't have a crime problem, as much as you want to believe we do, for the drama effect or whatever reason. What we do have in this city that the council needs to wake up and see are parking problems, insane housing costs, homeless people, traffic problems, older citizens against younger citizens and vice versa, businesses leaving town, etc. Those are the problems you need to pay attention to, because if you don't this city will go down the drain and end up like Waterloo or a town like it. Lay off these so called "pride" missions against the bars and students, hell, that's the only business there is downtown. Don't let this town go to waste, it's in your hands city council, show us what you can do. Add photos to your messages with MSN 8. Get 2 months FREE*. http://join.msn.com/?page=features/featuredemail Marian Karr From: James P. and Maureen Patterson [jpatters@inav.net] Sent: Monday, May 05, 2003 2:03 PM To: council@iowa-city.org Subject: Please Say NO to 19-only Dear City Council, In the past, I have expressed my enthusiasm for the 21-only ordinance. {See the message I sent below.) Today, I write to express my profound disappointment for the 19-only ordinance. If you approve this ordinance again, the statement will be clear: You support underage drinking. Let's face it, that will be the result of your decision. Underage drinkers will continue to binge drink at the bars. At taxpayer expense, the police will be forced to do extra duty enforcing it, and the vandalism that occurs will be costs all of us will have to pay. Even worse, you will promote a culture that says, "Stressed out? Have a drink. Need to relax? Drink. Want to have fun? Drink. Need to loosen up? Alcohol will solve your problems." The example set by other cities with 21-only ordinances is that younger people do find better things to do than to drink. This lesson lasts a lifetime. In all your "compromise" discussion, you forget that the citizens of Iowa City who voted for you have a stake in your decision, too, not just bar owners and students. There are a lot more of us than there are them. I do not feel like you are representing us at all. We may not protest: We're too busy working, paying taxes in Iowa City, and raising our families here. But we care about this community. And we vote. We matter. This 19-only ordinance will do nothing to solve the problems of underage and binge drinking. In fact, it will make it worse. I strongly encourage you to vote down this ordinance and to head back on the right track, that of 21-only. Thank you, Maureen Patterson 1804 Grantwood Drive, Iowa City From: "James P. and Maureen Patterson" <jpatters@soli.inav.net> To: council@iowa-city.org Subject: I strongly support 21-only Date: Wed, Mar 12, 2003, 10:45 AM Dear Council Members, I understand that 4,000 university students have submitted form letters opposing the 21-only ordinance. The sound of that would make one assume the tide is turning against the ordinance. I hope that's not the case, because Iowa City needs a 21-only ordinance. So do the students, though they may not think so right now. I probably would be on their side if I was underage: before I knew enough about the dangers of alcohol, before I'd watched people struggle with alcoholism, and before I watched a person close to me die from the effects of it. There really is more to do in this town than to get drunk. If you pass this ! ordinance, I'm convinced that students will find healthier ways to have fun. This is a vitally important lesson for them to learn, one that will make their lives better for the rest of their lives. In the meantime, I as a resident will have a safer place to live. There will be less destruction to the town, and the police can spend more time policing the neighborhoods than giving 18-year-olds tickets for drinking. Regarding those 4,000 form letters, were those submitted by people who vote in Iowa City? I suspect many, if not most, do not, and if this is true, then why should they have a say in how this city is run? Even if those students do vote here on occasion, should they really be dictating laws that will stay on the books forever? They're interested in the short-term effects on themselves. I've lived here almost 12 years, and I'm interested in the long-term effects on everyone in this community. The students may have the numbers, plus the backing of Anheuser and other corporate sponsors. Neither of those groups serve the best interest of this community. Please continue on your hard work to pass a 21-only ordinance. Thank you for your time, Maureen Patterson I804 Grantwood Drive, Iowa City