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Home My WebLink About2003-12-02 Ordinance Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. 03-4102 AN ORDINANCE AMENDING CITY CODE TITLE i4, CHAPTER 6, ENTITLED "ZONING," ARTICLE B, ENTITLED "ZONING DEFINITIONS," SECTION 2, ENTITLED "DEFINITIONS." WHEREAS, the definitions of restaurants in the Zoning Ordinance are intended to provide a means to distinguish between types of restaurants for the purpose of regulating location, parking, and drive-through facilities; and WHEREAS, the current definitions of restaurants in the Zoning Ordinance have proven problematic due to the rigidity of defining types of restaurants by the ratio of seating area to total floor area; and WHEREAS, changing the definitions of "restaurant" and "carry-out/delivery restaurant" to provide a distinction based on whether food and beverage is primarily consumed on the premises or is carried or delivered off-site, will be a more useful distinction than the relative amount of seating area to floor area; and WHEREAS, changing the definition of"drive-through/carry-out restaurant" will ensure that only those restaurants that have drive-through or drive-in facilities are categorized as "auto- and truck-oriented uses." 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, is hereby amended to replace the existing definitions of "Restaurant," "Restaurant, Carry-out/Delivery," and "Restaurant, Drive-Through/Carry-Out," with the following definition RESTAURANT: An establishment where the principal business is the preparation and dispensing of edible foodstuffs and/or beverages primarily for consumption on or off the premises. Restaurants where the foodstuff and/or beverages are dispensed primarily for off-site consumption are considered "carry- out/delivery restaurants." "Drive-through restaurants" are restaurants that have drive-through or drive-in facilities. Drive-through restaurants are considered "auto- and truck-oriented uses" and as such are only allowed in zones where auto- and truck-oriented uses are allowed. City Code Title 14, Chapter 6, Zoning, Article N, Off-Street Parking and Loading, section 1, Off-Street Parking Requirements, Subsection J, Required Number of Off-Street Parking Spaces, paragraph 2.t. is hereby amended to delete the words "carry-out" from the title as follows; t. Restaurants, drive-threugh!c=~r.%, cut SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity cf 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. , 2003. CITY CL-'ERK A'I-]'ORNEY'S OFFICE Ordinance No. 03-4102 Page 2 Itwas moved by Champion and seconded by Vanderhoef thatthe Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X . Champion X Kanner X Lehman X O'Donnell X , Pfab X Vanderhoef X Wilbum First Consideration ! 1/24/03 Voteforpassage:AYES: Vanderhoet:, Wilburn, Champion, Kanner, Lehman, O'Donne]l. NAYS: None. ABSENT: Pfab. Second Consideration 11/?~./n~ Voteforpassage:AYES: Lehman, O~Donne]l, Vanderhoef, I~i]burn, Champion, Kanner. NAYS: None. ABSENT: Pfab. Date published ]2/10/03 Prepared by: Shelley McCafferty, Associate PLanner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 ORDINANCE NO. 03-4103 AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 13,500 SQUARE FEET FROM CENTRAL BUSINESS DISTRICT (CB-2), TO PLANNED HIGH DENSITY RESIDENTIAL (PRM), LOCATED AT 512 S. DUBUQUE STREET SOUTH OF COURT STREET. WHEREAS, the applicant, University View Partners, has requested that said property be rezoned from CB-2, Central Business District Service, to PRM, Planned High Density Residential; and WHEREAS, the proposed zoning change conforms with the Near Southside Neighborhood Redevelopment Plan; and WHEREAS, the proposed rezoning is located adjacent to an existing Planned High Density Residential zone; and WHEREAS, the Planning and Zoning Commission recommended approval of the proposed rezoning. 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 redassir~:l from its present dassirmation of CB-2, Central Business District Service, to PRM, Planned High Density Residential. Lot 7 and the South 10 feet of Lot 8, in Block 9, in that part of Iowa City, Iowa, laid off as the County Seat of Johnson County, Iowa, according to the plat thereof recorded in Book 1, Page 253, Deed Records of Johnson County, Iowa. SECTION II 7ONIN~ MAP. The Building Inspector is hereby author[zed 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 ANt) RECOR[31N~ 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. · AIl ordinances and parts of ordinances in centiict with the provisions of this Ordinance are hereby repealed. SECTIC)N V REVFRAI~ILITY 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. FFFECTIVI= 13ATF. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. ~and approved this Znd day o[~'~ December' ,20 03 ATTEST:.~~,~~ CITY CLERK City At~o~ey'~ office Ppdadmin'~'d~3nechg512sdubuque.doc Ordinance No. 03-4103 Page 2 It was moved by Champi on and seconded by Vanderhoef that the Ordinance as read be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X . Wilbum Fimt Consideration 11/10/03 . Vote for passage: AYES : O'Donnell, Pfab, Vanderhoef, Wilburn, Champion,Lehman. NAYS: Kanner. ABSENT: None. Second Consideration l 1 Voteforpassage:AYES: O'Donnell, Vanderhoef, Wilburn, Champion, Lehman. NAYS: Kanner. ABSENT: Pfab. Date published 1 ?/10/03