HomeMy WebLinkAbout1997-09-09 OrdinancePrepared by: John Yapp, Asst. Transportation Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO. 97-3803
AN ORDINANCE AMENDING TITLE 14,
CHAPTER 6, ENTITLED "ZONING," ARTICLE E,
ENTITLED "COMMERCIAL AND BUSINESS
ZONES," SECTION 2, ENTITLED
"NEIGHBORHOOD COMMERCIAL ZONE
(CN-1)," TO PERMIT ANY RETAIL OR
PERSONAL SERVICE USE IN THE CN-1 ZONE,
WITH A SIZE LIMITATION,
WHEREAS, the economic viability of prop-
erty zoned Neighborhood Commercial, CN-1,
will be improved by permitting a wide variety
of retail and personal service uses; and
WHEREAS, a size limit of 2,000 square feet
on retail and personal service uses not cur-
rently permitted will help ensure they can be
supported by the surrounding neighborhood,
and will not attract excessive amounts of traf-
fic from outside the neighborhood; and
WHEREAS, uses currently permitted in the
CN-1 zone, including barber shops and beauty
parlors, laundromats, laundry and dry cleaning
pickup and delivery services, shoe repair serv-
ices, copy centers, drug stores, florist shops,
variety stores, financial institutions, photofin-
ishing services, retail bakeries, U.S. postal sta-
tions, and video tape rental stores, and for
which the CN-1 zone is targeted, continue to
have no size limit; and
WHEREAS, a retail or personal service use
not specifically permitted may exceed 2,000
square feet in size if the property owner ob-
tains a special exception by demonstrating that
the larger size of floor area will be compatible
with the intent of the CN-1 zone; and
WHEREAS, the neighborhoods of Iowa City
will benefit from strengthening the design pro-
visions in the CN-1 zone, which help ensure
development in the CN-1 zone is compatible
with surrounding residential development.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Chapter 6, entitled
"Zoning," Article E, entitled "Commercial and
Business Zones," Section 2, entitled
"Neighborhood Commercial Zone (CN-1)," of
the City Code be hereby amended by:
Ordinance No.
Page 2
97-3803
1. Repealing "Permitted Uses," Section 14-eE-
2B in its entirety, and adding a new Section
14-eE-2B to read as follows:
14-6E-2B: Permitted Uses
1. Barber shops and beauty parlors, laun-
dromats, laundry and dry cleaning pickup and
delivery services, shoe repair services. 2. Copy centers,
3. Drug stores, florist shops, and variety
stores.
4. Financial institutions, branch offices.
5. Photofinishing services.
6. Retail bakeries.
7. U.S. postal stations
8. Video tape rental stores
9. Any other retail or personal service use
limited to two thousand (2,000) square feet of
floor area, except as listed under provisional
uses and special exceptions in this section.
2. Amending Subsection 14-eE-2D, "Special
Exceptions," to add the following subpara-
graph:
14-6E-2D: Special Exceptions
9. A retail or personal service use greater
than two thousand (2,000) square feet of floor
area, provided the property owner or represen-
tative demonstrates to the satisfaction of the
Board of Adjustment that the larger size of
floor area will be supportable by the residents
of the surrounding neighborhoods, and will not
compromise the intent of the Neighborhood
Commercial zone.
3. Repealing Subparagraph 14-eE-2H2b
"Design Provisions," in its entirety and adding
a new subparagraph 14-6E-2H2b to read as
follows:
(b) Modular masonry materials, such as brick
and concrete pavers, or gridded cast-in-place
materials, such as exposed aggregate con-
crete, are required as paving materials and ac-
cents in order to define pedestrian walkways
and to improve the appearance of paved areas.
4. Repealing Subparagraph 14-6E-2H2c
"Design Provisions," in its entirety, and adding
a new subparagraph 14-6E-2H2c to read as
follows:
(c) Pedestrian access to adjacent residential
areas shall be required through the provision of
sidewalks in addition to those located on adja-
cent public streets where appropriate.
5. Repealing Subparagraph 14-6E-2H2j
"Design Provisions," in its entirety, and adding
a new subparaagraph 14-6E-2H2j to read as
follows:
Ordinance No.
Page 3
97-3803
(j) Blank, windowless walls shall be avoided
on the fronts of buildings. Where the con-
struction of a blank wall is necessary, the wall
shall be articulated by at least one of the fol-
lowing methods: changes in plane, building
material, or color.
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section,
provision or part of the Ordinance shall be ad~
judged 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 uncon-
stitutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 9th day of
September ,1997.
CITY CLERK
~__ Cit~ ~ttorney~~
jccogtp\cn-lzone.ord\doc
Ordinance No. 97-3803
Page 4
It was moved by Thornberry and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Baker
X Kubby
X Lehman
X Norton
X Novick
X Thornberry
X Vanderhoef
Vanderhoef that the
First Consideration 8/26/97
¥Vote for passage: AYES: Kubby, Lehman, Norton, Novick,Thornberry,
anderhoef, Baker. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
9/17/97
Moved by Thornberry, seconded by Vanderhoef, that the rule requiring
ordinances to be considered and voted on for passage at two Council
meetings prior to the meetin at which it is to be finally passed be
suspended, the second consideration and vote be waived and the ordin-
ance be voted upon for final passage at this time. AYES: Kubby, Lehman,
Norton, Novick, Thornberry, Vanderhoef, Baker. NAYS: None. ABSENT: None.
325 E, Washington
P, O, Box 1907
Iowa City, IA 52244-1907
PH: (319) 337-4195
FAX; (319) 337-9823
September 2, 1997
Mayor and City Council
City of Iowa City
Civic Center
Iowa City, IA 52240
Re: Proposed amendments to the CN-1 zone
Dear Mayor and Council Members:
Southgate Development respectfully requests the City Council expedite the
approval of the proposed amendments to the CN-1 zone. Our current project, Walden
Square, is in the final stages of the leasing process. The amendments will enhance the
project, and the earlier approval will allow us to finalize our plans sooner.
Sincerely,
Vice President
HRW/ssd
Prepared by: Dennis Mitchell, Asst. City Attorney, z~10 E. Washington St., Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 9, ENTI-
TLED "MOTOR VEHICLES AND TRAFFIC";
CHAPTER 5, ENTITLED "PARKING METER
ZONES AND PARKING LOTS", SECTION 6,
ENTITLED "PENALTIES; PARKING TICKETS"
TO CREATE A SENIOR CENTER PARKING
TICKET REVIEW PANEL TO REVIEW PARKING
TICKETS ISSUED BY SENIOR CENTER PER-
SONNEL.
WHEREAS, Senior Center personnel are
authorized to issue parking tickets for parking
violations in the Senior Center's North Lot and
the permit parking areas on Linn Street adja-
cent to the Senior Center; and
WHEREAS, the Senior Center has received
numerous complaints from Senior Center partic-
ipants about the parking ticket administrative
review process; and
WHEREAS, Senior Center participants would
view the parking ticket administrative review
process as more fair and credible if a panel
which included at least one of their peers
reviewed parking tickets issued by Senior
Center personnel.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. Title 9, entitled "Motor Vehicles
and Traffic," Chapter 5, entitled "Parking Meter
Zones and Parking Lots", Section 6, entitled
"Penalties; Parking Tickets" is hereby amended
by repealing Paragraph B and inserting a new
Paragraph B to read as follows:
A driver or owner charged with a park-
ing violation may request an administrative
review within twenty (20) calendar days of the
date the parking ticket was issued. The re-
quest shall be made on the form provided by
the City and shall be reviewed by a three (3)
member panel made up of the Parking Superin-
tendent, a member of the Police Department
and one other City staff member. However,
Ordinance No.
Page 2
parking tickets issued by Senior Center person-
nel shall be reviewed by a three (3) member
panel which is comprised of one member of the
Senior Center Council of Elders, one member of
the Senior Center Commission, and one Senior
Center participant. The panels shall consider
the defenses or mitigating circumstances set
forth on the review request form and shall base
their findings and determination thereon. The
panels may dismiss any notice of fine (ticket)
for good cause, and upon dismissal, the City
shall refund the fine money paid by the appeal-
ing party, less any unpaid parking fines then
owing by the driver or owner charged.
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions 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 unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of
,19
MAYOR
ATTEST:
CITY CLERK
App_rove~l by _A~
City Attorney's Office
City of iowa City
EUORANDUM
Date:
September 9, 1997
To:
From:
The Honorable Mayor Naomi J. Novick
Dennis Mitchell, Assistant City Attorney
Re:
Senior Center Parking Ticket Review
Subsequent to our conversation yesterday, I spoke with Linda Kopping. We decided it
would be best if the Senior Center Parking Ticket Review Committee simply issued
recommendations to Linda Kopping rather than to make final determinations of appealed tickets.
Linda will take the Committee's recommendation into consideration when casting her vote as part
of the current administrative review panel. This will allow Senior Center advisors and participants
to have some input into the process while ensuring that the process remains objective. Because the
administrative review panel and process remains the same, no amendment to the ordinance is
necessary.
I have withdram the amendment from the agenda for tonight's meeting. If you have any
questions, please feel fi:ee to give me a call at 356-5031.
Cc:
Linda Kopping, Senior Center Coordinator
Eleanor Dilkes, City Attorney
Joe Fowler, Parking & Transit Director
Bill Dollman, Parking Manager
Marian Karr, City Clerk
Prepared by: Marian K. Karr, City Clerk, 410
E. Washington St., Iowa City, IA 52240; (319)
356-5040.
ORDINANCE NO. 97-3804
ORDINANCE AMENDING CITY CODE TITLE 1,
ENTITLED WADMINISTRATION," CHAPTER 5,
ENTITLED "MAYOR AND CITY COUNCIL," TO
CHANGE THE COMPENSATION AND REVIEW
PROCESS FOR CITY COUNCIL MEMBERS AND
THE MAYOR.
BE IT ENACTED BY THE CITY COUN-
CIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. PURPOSE. The purpose of this or-
dinance is to raise the rate of compensation
paid to the Mayor and City Council Members
and establish a policy for further review of City
Council compensation for the City of Iowa
City, Iowa:
Section II. Amendinn Section 1-5-3. Repealing
Section 1-5-3 in its entirety and adding a new
section to read as follows:
A. City Council Members. Members of
the City Council shall be compensated at the
rate of five thousand five hundred twelve dol-
lars eighty cents ($5,512.80) annually.
B. Mayor. Compensation for the Mayor
will be the same rate as a City Council Member
plus one thousand dollars ($1,000.00) annu-
ally.
C. Review of Compensation. Staff
will adjust City Council compensation based on
the cumulative annual percent change in the
Consumer Price Index (CPI) for Urban Wage
Earners and Clerical Workers (CPI-W), US City
Average, All Items, using the third quarter
ending September 30 of the prior year and
September 30 of the current year. The calcu-
lated amount will be included in the annual
budget for review by the City Council in each
regular election year in accordance with State
Code.
Section III. Repealer. All ordinances and parts
of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section IV. Severability. If any section, provi-
sion or part of the Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudi-
cation shall not affect the validity of the Ordi-
nance as a whole or any section, provision or
Ordinance No. 97-3804
Page 2
Ordinance No.
page 2
part thereof not adjudged invalid or unconsti-
tutional.
Section V. Effective Date. This ordinance shall
be effective after its final passage, approval
and publication as required by law. A change
in compensation shall be effective ,January 1,
1998.
Passed and approved this 9th day of
September ,1997.
City Clerk
Ap p r,e~ze_~d by
City Attorney's office
Ordinance No. 97-3804
Page 3
It was moved by Kubby and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:' ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Raker that the
First Consideration 7/29/97
Vote forpassage: AYES: Vanderhoef,
Novick. NAYS: Thornberry. ABSENT:
Baker,
None.
Kubby, Lehman, Norton,
Second Consideration 8/26/97
Votefor passage: AYES: Baker,
Vanderhoef. NAYS: Thornberry.
Date published 9/17/97
Kubby, Lehman, Norton,
ABSENT: None.
Novick,