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HomeMy WebLinkAbout1997-09-23 OrdinanceCHARLES A. BARKER dOHN D. CRUISE MICHAEL W. KENNEDY STEVEN C. ANDERSON KIRSTEN H. FREY KANDIE K. BRISCOE Barker, Cruise, KENNEDY ~ ANDERSON, L.L.P. LAWYERS 9:~0 S. DUBUQUE STREET- P.O. BOX 2000 IOWA CITY, IOWA 5~244 September 10, 1997 FAX TRANSMISSION and ORDINARY MAIL 356-5009 AREA CODE 319 TELEPHONE 351-BI81 FAX 319-3B1-0605 City Council City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Re: Grading and Sensitive Areas Development Plan for 1122-1136 North Dubuque Street Dear City Council Members: I wanted to take this opportunity to put my request in writ- ing that the City Council expedite consideration of the above- referenced application and collapse the second and third consid- eration of the application. As we discussed at last night's meeting, we believe it is in everyone's best interest to complete this project yet this fall. Accomplishing the project in this construction season would avoid any potential problems associated with allowing the slope to endure yet another winter season and spring thaw in its unstable condition. Therefore, we respectfully request that the Council expedite consideration of this matter in the interests of not only the applicant but also the interests of the public. KHF/dc cc: Bruce R. Glasgow John D. Cruise James P. Glasgow kf8\161b7254 ~-~ ~ry truly yours, Kirsten H. rey ..9: 97 Major Naomi Novick Civic Center 410 E. Washington St. Iowa City, IA 52244 405 S. Summit Street Iowa City IA 52240 September 16, 1997 S£p 1 ? 1997 ~ Dear Mayor Novick, ~!}r~' [~AI~t]t~'~'$1~}'~'!£~' I attended the City Council meeting last week because I support the plan for a new traffic light at Burlington and Governor Streets. But another topic disturbed me. I was quite surprised by the discussion of the "hill stabilization" plan for the land behind the Cliffs Apartments. I listened to the presentations, the Council's questions, and the answers, and grew very concerned. The professionals involved in the plan appeared unprepared, despite the fact that this process has apparently been going on for a long time. There were many "I-don't-knows" and "l-hope-sos" from the people who did the soil borings, designed the plans, and provided the legal council. This uncertainty is unacceptable for such a major project, particularly when the developer Mr. Glasgow has been unsuccessful in his previous attempts to stabilize the hill. For example, when Dee Norton asked the soils fellow what was the weakest point in the plan, he responded that he didn't know, he referred to "limited data from the [soil] borings," and said he "hoped the assumptions were correct." Then the design fellow said he "based the plan on [the soil fellow' s] calculations." This is appalling. When Naomi Novick asked about the rock, concerned that it not be white, they said they didn't know the color, they thought it would be some kind of limestone. How could they not know? I have since heard that white limestone is an inexpensive option - can the Council provide them with a compelling reason not to use it? When a councilor asked if they had done similar hill stabilization jobs, they replied "every-job-is-different", and so on. An important question, but no clear answer. They did not provide any idea of the visual impact of this plan, which will affect everyone who drives on Dubuque Street, area residents as well as visitors. The eroded area is quite large, and visible from the street. With white rock, it will be startling. They plan to put in several 1.5 inch trees at the base of the hill, and some evergreens at the top. It is difficult to imagine that such small trees would have much effect on the appearance for many years. I am concerned that the project may proceed because everyone wants the problem fixed as soon as possible, but I saw no indication that this was the best solution. Will this plan create an eyesore on one of our most traveled streets? More importantly, will this plan stabilize the hill? The planners made no secret of the fact they are providing no guarantees. I ask the City Council to continue to use caution with this project. Please don't rush this plan just because winter is coming. The public is largely unaware of this project, and needs time to respond. If the developer has to pay a fine, that seems very appropriate, considering the damage he has done. There is a reason to impose fines. If a developer can do such damage without paying a fine, he will feel free to continue. And this may also encourage other developers to do likewise on other projects that affect the city. Please get the specifics of the plan. What will the rock color be? How many trees, large and small, will be removed (not just the ones on the graded part). And how many remaining trees will have their roots disturbed by the grading and rock covering? How large will the equipment be ("not extremely large," as the lawyer said, is not specific enough). What are the data that show that gravity, and a wall at the bottom, will hold this together? How long have the engineer's other hill stabilization plans been in force and how well they are working? What are the qualifications of the company that will actually do the work? What specifically will happen if the supervising engineer observes a problem; what is the mechanism to correct the problem? The replacement trees are described as 1.5 inch; is this the circumference or the diameter? How does the spread, cover thickness, and lifetime of honey locusts compare to other trees? The developers should provide realistic sketches showing the visual impact from Dubuque Street and from the neighborhood uphill. They should also explain how it will look during the seven months that honey locusts are leafless in Iowa City. And most importantly, please get a meaningful guarantee. They say their reputations are riding on this. That has no value to the citizens of Iowa City. They must guarantee that the hill will remain stable for at least twenty years. They must guarantee that the trees will survive, or be replaced by larger trees. If they cannot stabilize the hill, it must be returned to its original grade. The Cliffs may be crushed and used as fill. Best regards, Sue M. Travis 354-1521 (home) 335-7574 (work) cc: Naomi Novick, Larry Baker, Karen Kubby, Ernie Lehman, Dee Norton, Dean Thornberry, Dee Vanderhoef, Steve Arkins Prepared by: Bob Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 97-3805 AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE N, ENTITLED "OFF-STREET PARKING AND LOADING," TO INCREASE THE PARKING REQUIREMENTS FOR RESIDENTIAL USES IN THE CB-5, CENTRAL BUSINESS SUPPORT ZONE. WHEREAS, the Citv Council has determined that demand for parking spaces for residential uses in the CB-5, Central Business Support Zone, is similar to parking demands in other residential zones; and WHEREAS, the Planning and Zoning Commission has considered amendments to the parking requirements for the residential uses in the CB-5 zone and has recommended that they be the same as in other residential zones. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I. AMENDMENT. Chapter 6, entitled "Zoning," Article N, entitled "Off-Street Parking and Loading," Section 1, entitled "Off- Street Parking Requirements" of the City Code be hereby amended as follows: Repealing in its entirety Section 14~6N-1. J.l.e., required number of off-street parking spaces for multi-family dwellings, and adopting in lieu thereof a new subsection 14-6N-1 .J.1 .e. Principal Use e. Multi-family dwellings Zone 1. Where permitted except PRM. Number of Spaces According to the following table: # of Unit Tvpe Parkinq Spaces efficiency 1 1 bedroom 1 2 bedroom 2 3 bedroom 2 4 bedroom 3 5 bedroom 4 *Expressed as number of dwelling percentage of automobile parking. Bicycle Parkin.q * 0.5/D.U. 0.5/D.U. 0.5/D.U. 1.0/D.U. 1.0/D.U. 1.5/D.U. units or Ordinance No. 97-3805 Page 2 Zone 2. PRM Number of Spaces According to the following table: # of Bicycle Unit Type Parkin¢l Spaces Parkin.q* efficiency 1 1.0/D.U. 1 bedroom I 1.0/D.U. 2 bedrooms or more 2 1.0/D.U. *Expressed as number of dwelling units or percentage of automobile parking. 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 Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 23rd day of September ,19 97 MAYOR /--~ ~/ ATTEST: ///'/~/_~ ,~,¢.,~ ..~ CITY CLERK ppdadminNrd/cb-Szone.doc Ordinance No, 97-3805 Page .3, It was moved by Baker 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 Norton that the First Consideration Vote for passage: AYES: Vanderhoef, Baker, Kubby. 8/26/97 Lehman, Norton, Novick, Thornberry, NAYS: None. ABSENT: None. Second Consideration 9/9/97 Vote for passage: AYES: Novick, Thornberry, Vanderhoef, Kubby, Lehman, Norton. NAYS: None. ABSENT: None. Date published 10 / 1/97 Baker, Prepared by: Karin Franklin, Director of PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5232 ORDINANCE NO. 97-3806 AN ORDINANCE AMENDING TITLE 14, "UNI- FIED DEVELOPMENT CODE" OF THE CITY CODE BY AMENDING CHAPTER 9, ARTICLE A, ENTITLED "PARKING FACILITY IMPACT FEE" TO REVISE THE FORMULA FOR PAYMENT IN THE CB-5 ZONE. WHEREAS, the City has adopted the Near Southside Neighborhood Redevelopment Plan to guide development in the Near Southside Neighborhood; and WHEREAS, a parking facility impact fee ordi- nance will assist in the implementation of the plan, and guide the use and development of land so as to assure that new residential devel- opment in the Near Southside Neighborhood bears a proportionate share of the cost of capital expenditures necessary to provide off- street parking in the Near Southside Neighbor- hood of Iowa City; and WHEREAS, the City wishes to encourage greater intensity of land use in the CB-5 zone of the Near Southside; and WHEREAS, the proportionality of in-lieu pay- ment of fee and parking provided on-site is directly related to the intensity of land use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, entitled "Unified Development Code" of the City Code is hereby amended by repealing Chapter 9, Article A, entitled, "Parking Facility Impact Fee," and adding thereto a new Chapter 9, Article A to read as follows: ARTICLE A. PARKING FACILITY IMPACT FEE 14-9A-1: LEGISLATIVE FINDINGS: The City Council finds, determines and declares the following as legislative facts: A. Residential development and redevelop- ment in the Near Southside Neighbor- hood ("Neighborhood"), will create an increased demand and need for off-street Ordinance No. 97-3806 Pa§e 2 B4 E0 parking; that such development and redevelopment will have an impact on the City parking facility system; and that without the provision of adequate off- street motor vehicular parking spaces, such development and redevelopment would create undue traffic congestion and generally be contrary to the health, safety and welfare of the citizens of Iowa City. Due to the Neighborhood's proximity to the downtown area, it is undesirable to devote significant portions of develop- ment sites to parking in the Near South- side Neighborhood, since it is in the public interest to develop land now avail- able in the Neighborhood for more inten- sive residential uses. New residential development in that portion of the Near Southside Neighbor- hood referred to as the "Near Southside Parking Facility District" will create an increased demand for additional off-street parking, which demand should be met by and/or paid for by the development itself according to the proportionality of the development's impact upon existing off- street parking facilities, and the development's creation of increased demand for additional off-street parking facilities. The City needs to expand its parking facility system to accommodate new residential development in order to en- sure adequate off-street parking, and the City Council recognizes such expansion is necessary to promote and protect the public health, safety and welfare. The increased need and demand for off- street parking created by new residential development in the Near Southside Park- ing Facility District is reasonably and rationally related to the development's payment of a proportionate share of a new City parking facility or facilities, and a "payment in lieu of off-street parking" is a reasonable and rational method to further the City's goals of promoting and facilitating intensive economic develop- ment near the downtown area, and at Ordinance No. 97-3806 Page 3 the same time minimizing the use of large land masses for private parking lots. F. The imposition of parking impact fees is a reasonably and rationally calculable method of ensuring that new develop- ment bears a proportionate share of the cost of parking facilities necessary to accommodate the resulting increased demands for off-street parking created by the new development, and the Council wishes to avail itself of this method. G. The fee established in Section 14-9A-6 hereof is directly derived from, based on and does not exceed the cost of provid- ing additional off-street City parking facilities as a capital improvement cost necessitated and generated by the new residential development for which the fee is to be charged. H. City involvement in the expansion of the parking facility system as a capital im- provement is appropriate due to the scale and cost of such facilities, and is neces- sary due to the proximity of the Neigh- borhood to the downtown area and the expected high use levels of such a park- ing facility system. I. The fee established by this Article does not constitute a tax. 1z~-9A-2: TITLE AND AUTHORITY: A. Title: This Article shall be known and may be cited as the. NEAR SOUTHSIDE NEIGHBORHOOD PARKING FACILITY DISTRICT IMPACT FEE ORDINANCE, B. Authority: The City Council has the authority to adopt this Article under its home rule powers, pursuant to the Con- stitution of the State of Iowa, as amend- ed, the Code of Iowa, as amended, and the United States Constitution. 1z~-9A-3: INTENT AND PURPOSE: A. This Article is intended to assist in the implementation of the Iowa City Compre- hensive Plan, as amended, and the Near Southside Neighborhood Redevelopment Plan, as amended. B. The purpose of this Article is to regulate the use and development of land so as to ensure that new residential development in the Near Southside Neighborhood bears a proportionate share of the capital Ordinance No. 97-3806 Page 4 improvement costs necessary to meet the additional parking needs and de- mands caused by development in this Neighborhood, and to do so by paying a portion of the costs needed to meet the need for off-street parking in a City park- ing facility within the Near Southside Parking Facility District of Iowa City. 14-9A-4: APPLICATION OF PROVISIONS: This Article shall apply to all real property within the Near Southside Parking Facility District. Where the provisions hereof are in conflict with those of the Iowa City Zoning Ordinance, or in conflict with the Near South- side Neighborhood Redevelopment Plan, as amended, the provisions hereof shall prevail. 14-9A-5: DEFINITIONS: As used in this Arti- cle, the following definitions shall apply: CAPITAL IMPROVEMENT COST: In- cludes costs of design, engineering, necessary consultants, construction, financing of a capital improvement including debt service, land acquisition, site improvements, and buildings and equipment necessary for a City off-street parking facility, but excludes maintenance and operation of such facility. CITY PARKING FACILITY: A ramp, sur- face lot or combination thereof designed to accommodate the off-street parking of motor vehicles as a capital improvement. NEAR SOUTHSIDE PARKING FACILITY DISTRICT: That area of Iowa City bounded by Burlington Street on the north, Gilbert Street on the east, the Iowa Interstate Railway Main Line on the south and Madison Street on the west, except for Blocks 10 and 21 of County Seat Addition; Lots 5 and 6 of Block 13, County Seat Addition; Lots 3, 4, 5, the east 50 feet of Lot 6, and the south 40 feet of Lot 2, Block 11, County Seat Addition; and Lots 10-15, Lyon's First Addition. RESIDENTIAL FEE PAYOR: A person applying for the issuance of an occupancy permit for residential development in the Near Southside Parking Facility District. 14-9A-6: IMPLEMENTATION OF FEE: A. Any person who, after the effective date hereof, seeks to develop land within the Near Southside Parking Facility District by applying for an occupancy permit for a residential use is deemed to have creat- Ordinance No. 97-3806 Page 5 ed a need and demand for additional off- street parking in the Near Southside Parking Facility District, and is thereby required to pay a proportionate share of the capital improvement costs necessary to meet the additional off-street parking needs and demands created by such development by contributing a propor- tional share of the costs of a City parking facility, which share shall be a "parking facility impact fee" to be paid in the manner and amount set forth in this Article. B. No new occupancy permit for a residen- tial use requiring the payment of an im- pact fee pursuant to this Article shall be issued unless and until the parking facili- ty impact fee hereby required has been paid in accordance with Section 14-9A- 8, Payment of Fee. 14-9A-7: COMPUTATION OF FEE AMOUNT: A. Cost Estimates: The parking facility im- pact fee imposed by this Article is based on current best estimates of the capital improvement costs of the construction of a parking facility or facilities in the Near Southside Parking Facility District. Based on 1992 architects' estimates of con- struction costs of ten thousand dollars (810,000.00) per parking space con- structed and land costs of approximately sixteen dollars (816.00) per square foot, the City Council finds that such capital improvement costs total in the amount of at least twelve thousand dollars (- 812,000.00) per parking space in 1992 dollars. Apportionment: The City Council further finds that given current Department of Planning and Community Development estimates of new residential development in the Near Southside Parking Facility District, and given the City's ability to manipulate City parking system rates, monthly permit policies and on-street parking ordinances, the use of an off- street parking facility in the Near ,South- side Parking Facility District will be ap- portioned as follows: thirty-three and one-third percent (331/s%) to users attrib- utable to new residential development in Ordinance No. 97-3806 Page 6 the Near Southside Parking Facility Dis- trict; and sixty-six and two-thirds percent (66%%) to users from other areas. Cost per Space: Based on the foregoing, the amount of the parking facility impact fee required by this Article, in 1992 dollars, shall be four thousand dollars (~4,000.00) per parking space for resi- dential uses. The parking facility impact fee shall be adjusted annually according to provisions of subsection F of this section. In-Lieu Payment: In order that available land in the Near Southside Parking Facili- ty District is intensively used, and that a portion of residential parking is combined in a City off-street parking facility or facilities, rather than scattered through- out the Near Southside Parking Facility District, the City Council finds that the residential parking facility impact fee shall be paid for a minimum of seventy- five percent (75%) of the parking spaces oth~rwi~s r~quirsd by th~ City ?oning Ordin~nd~ for regidential uge9 in the CB-5 zone; if fewer than 25% of the required spaces are provided on site, the fee shall be increased accordingly and if more than 25% of the required spaces are provided on site, the fee shall be 75%, In lieu of providing fifty percent (50%) of the parking spaces otherwise required by the City Zoning Ordinance for residential uses in all other zones of the Near Southside Parking Facility District, a fee shall be paid. The Council further finds that this parking facility impact fee is rea- sonably and rationally related to the in- creased off-street parking need or impact created by said new residential develop- ment. Formula: The total residential parking facility impact fee required by this Article shall be calculated by multiplying the number of parking spaces otherwise required by the Zoning Ordinance for residential uses by seventy-five percent (75%) in the CB-5 zone and fifty percent (50%) in all other zones of the district, and multiplying that product by the per Ordinance No. 97-3806 Page 7 space parking facility impact fee amount, as expressed in the formula: (RPS x .75) RIF = TRF or (RPS x .5) RIF = TRF Where: RPS is the number of parking spaces otherwise required by the Zoning Ordinance for residential use; RIF is the per space residential parking facility impact fee for resi- dential uses; and TRF is the total residential park- ing facility impact fee required by this Article. F. Adjustment: To ensure accurate esti- mates of current parking facility capital improvement costs, the amount of the parking facility impact fee required by this Article shall be adjusted annually based on the national historical cost indexes contained in the most recent edition of Means Square Foot Costs manual, as amended. G. Documentation: The calculation of park- ing facility impact fees and the receipt thereof by the City shall be documented in a form recordable in the office of the County Recorder. 14-9A-8: PAYMENT OF FEE: A. The City Manager or designee shall calcu- late and assess the entire parking impact fee upon issuance of an occupancy per- mit. The fee payor may pay the entire fee at the issuance of the occupancy permit, or may elect to pay the fee in three (3) equal annual installments, the first of which shall be due and collected at the issuance of the occupancy permit. If the fee payor elects to pay the fee in three (3) annual installments, the fee payor shall execute an agreement with the City before the City issues a occu- pancy permit, which agreement sets forth the timing and amounts of the remaining installments to be paid and also sets forth that, upon confirmation by the Iowa City Finance Department 'that the fee payor has defaulted on an install- ment payment, the City Clerk shall certify the outstanding fee balance to Johnson County as a lien upon the premises for Ordinance No. 97-3806 Page 8 which the occupancy permit was issued. Said lien will not preclude the City from pursuing recovery of the fee by other legal or equitable remedies. B. All fees collected shall be promptly trans- ferred for deposit in the Near Southside Parking Facility District Impact Fee Re- stricted Fund, established in Section 14- 9A-10 hereof, and held there and used solely and exclusively for the purposes specified in this Article. 14-9A-9: REFUND OF FEES: A. Any funds not expended for a City park- ing facility or which remain unencum- bered by the end of the calendar quarter immediately following five (5) years from the date of the final impact fee payment shall, on application of the fee payor or the fee payor's successor in interest, be returned to such fee payor with interest at the rates earned by the Restricted Fund during such time as the fees were held in the Fund, provided the fee payor submits an application for the refund to the City Manager or designee within one hundred eighty (180) calendar days of the expiration of the five (5) year period. As used in this subsection, funds shall be deemed "encumbered" if the City Council has approved a contract for acquisition and/or construction of a parking facility or facilities in the Near Southside Parking Facility District. 14-9A-10: PARKING FACILITY IMPACT FEE RESTRICTED FUND: A. Fund Established: There is hereby estab- lished the Near Southside Parking Facility District Impact Fee Restricted Fund. B. Use of Funds: 1. Monies held in the Restricted Fund, including any accrued interest, shall be used solely and exclusively for the purpose of the City capital im- provement costs for providing off- street parking facilities to be located in the Near Southside Parking Facili- ty District, and shall not be used for maintenance or operation or for any other purpose. 2. Monies shall be expended in the order in which they are collected. Ordinance No. 97-3806 Page 9 3. In the event that bonds or similar debt instruments are issued for the construction of capital facilities for which parking facility impact fees are to be expended, monies held in the Restricted Fund may be used to pay debt service on such bonds or similar debt instruments, as capital improvement costs. 4. Monies in the Restricted Fund may be used to provide refunds as pro- vided in Section 14-9A-9 hereof. 5. Monies in the Restricted Fund shall be used for the purposes enumerat- ed herein, exclusive of all others and shall remain inviolate within the Re- stricted Fund. C. Annual Report Required: At least once each fiscal year the City Manager or designee shall present to the City Council an accounting of the Restricted Fund. 14-9A-11: PARKING FACILITIES: A. On-Site Parking Spaces: 1. Notwithstanding provisions of the Zoning Ordinance which may be to the contrary, payment of the resi- dential parking facility impact fee shall require the residential fee payor to provide between 15% and 25% of the parking spaces otherwise required in the CB-5 zone; an addi- tional 10% of required parking spac- es may be provided on site; howev- er, the fee shall not be reduced. No fewer than fifty percent (50%) of the parking spaces otherwise re- quired for residential uses on the site in all other zones within the Near Southside Parking Facility District shall be provided on site. 2. Those parking spaces provided on- site after payment of the parking facility impact fee shall: a. Be sized in accordance with the prevailing proportionality re~ quirements of the Zoning Ordi- nance regarding standard and compact car sized spaces; and b. Include all required disabled accessible spaces. Ordinance No. 97-3806 Page 10 B. Construction of Parking Facility: The off- site parking facilities financed in part by the Near Southside Neighborhood parking facility impact fee shall be: 1. Constructed in the Near Southside Parking Facility District. 2, Constructed at a time and in accord with a design at the sole discretion of the City Council. 3. Designed and operated to accommo- date new parking demands up to fifty percent (50%) of capacity and existing demand up to fifty percent (50%) of capacity. 14-9A~12: RIGHTS OF FEE PAYORS: A. This Article is intended to provide resi- dential fee payors a reasonably and ratio- nally calculable method to meet the needs for off-street parking created by their development for residents of new residential development in the Near Southside Parking Facility District, B. The payment of the parking facility im- pact fee does not guarantee a residential fee payor a parking space or a monthly permit in a City off-street parking facility, either existing or those financed in part by this Article; however, the City Manag- er or designee shall, to the extent reason- ably possible, give preference to occu- pants of residential development for which a parking facility impact fee was paid. 14-9A-13: EXEMPTIONS FROM PROVISIONS: The following shall be exempted from the requirements of this Article: A. Residential development which consti- tutes "elderly housing" as defined in the Zoning Ordinance. B. Historic properties, identified in the Near Southside Neighborhood Redevelopment Plan and that have been preserved or restored in accordance with the 1990 revised edition of the Secretary of Interi- ors Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, to the extent that the fee payor shall be exempt from providing the on-site parking spaces otherwise re- quired, but the impact fee provided here- in must be paid. Ordinance No. 97-3806 Page 1 1 14-9A-14: VIOLATIONS AND PENALTIES: Any violation of this Article shall be considered a simple misdemeanor or Municipal infraction provided for in Title 1, Chapter 4 of the City Code. SECTION 11. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION Ill. 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 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 23rd day of September, 1997. MAYORI ~/ ( ATTEST: ~~~ /~. ~J CITY CLERK City Attorney's Office ppdadmin\chap9.ord Ordinance No. 97-3806 Page _]2.._ It was moved by Thornberry and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Lehman that the First Consideration Vote for passage: Baker, Kubby, Lehman. 8/26/9~ AYES: Norton, Novick, Thornberry, Vanderhoef, NAYS: None. ABSENT: None. Second Consideration '9/9/97 Vote for passage: AYES: Norton, Novick, Thornberry, Vanderhoef, Baker, Kubby, Lehman. NAYS: None. ABSENT: None. Date published 10/1/97 Prepared by: Doug Ripley, Traffic Engineering, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252 ORDINANCE NO. 97-3807 AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3 ENTITLED "RULES OF THE ROAD," BY ADDING A NEW SECTION 12 THEREIN TO MANDATE LANE USE CONTROL AND PAVEMENT MARKINGS ON MELROSE AVENUE FROM UNIVERSITY HEIGHTS TO BYINGTON ROAD. WHEREAS, Melrose Avenue was reconstructed to a three-lane bridge/three-lane road design from University Heights to S. Grand Avenue and a two- lane road design from S. Grand Avenue to Byington Road including wide shoulders to accommodate bicycles and buses; and WHEREAS, in Resolution No. 95-321 it was resolved to incorporate these lane designations and appropriate pavement markings into a City ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 9, entitled "Motor Vehicles and Traffic, Chapter 3, entitled "Rules of the Road," is hereby amended by adding a new Section 12 to read as follows: "Melrose Avenue from University Heights to S. Grand Avenue shall consist of two (2) 11' travel lanes, one (1) 11' center left turn lane, and one (1) 7' shoulder on each side of the traveled way, including pavement markings identifying such lane usage, and Melrose Avenue from S. Grand Avenue to Byington Road shall consist of two (2) 11' travel lanes and one (1) 5' shoulder on each side of the traveled way, including pavement markings identifying such lane usage." 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. Ordinance No. 97-3807 Page 2 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 23~d day of September' ,19 97 . (.MAYOR City Attorney's Office jccogtp/ord/melros e.doc Ordinance No. 97-3807 Page 3 It was moved by Lehman and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Thornberry that the First Consideration 9/9/97 Vote f or passage: AYES:Norton, Novick, Thornberry, Vanderhoef, Baker, Kubby, Lehman. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 10/1/97 Moved by Lehman, seconded by Thornberry, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Vanderhoef, Baker, Lehman, Norton, Novick, Thornberry. NAYS: Kubby. ABSENT: None. Prepared by: Julie Tallman, Development Regulations Specialist, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5132 ORDINANCE NO. 97-3808 ORDINANCE AMENDING TITLE 14, ENTITLED "UNIFORM DEVELOPMENT CODE," CHAPTER 6, ENTITLED "ZONING," ARTICLE S, ENTITLED "PERFORMANCE STANDARDS," SECTION '1'1, ENTITLED "SCREENING," BY ADDING CHILD CARE CENTERS TO THE LIST OF AREAS WHICH MUST BE SCREENED FROM COMMERCIAL AND INDUSTRIAL USES. WHEREAS, child care centers are permitted in zones which allow commercial and industrial uses; and WHEREAS, the outdoor storage of merchandise, vehicular traffic, and industrial activity may detract from the environment of a child care center; and WHEREAS, there is currently no requirement that a child care center be screened from adjacent commercial or industrial activity. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. Title 14, entitled "Uniform Development Code," Chapter 6, entitled "ZONING," Article S, entitled "Performance Standards," Section 11, entitled "Screening," is hereby amended by repealing the first paragraph of Section 11 and adding a new first paragraph to read as follows: SCREENING: Where a lot occupied by a commercial or industrial use abuts or is across a street, highway, alley or railroad right-of-way from an R or ORP zone, a child care center, a school or recreational area, including a park, playground or the Iowa River, screening shall be preserved, planted or constructed and maintained by the owner of the commercial or industrial use in accordance with the provisions set forth below. In the instance where a lot occupied by a manufactured housing use, located in an RFBH zone, abuts or is across the street from an RR-1 or RS-5 zone, screening, in accordance with the provisions set forth below, shall also be provided by the owner of the manufactured housing use. Notwithstanding the above regarding child care centers, it is the responsibility of the child care center, rather than Ordinance No. 97-3808 Page 2 the commercial or industrial user, to provide screening pursuant to Section 14-6L-1D.3 when said child care center is built subsequent to the commercial or industrial use. 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 23rd day of September ,19 97 MAYOR | ~ ( CITY CL'-ERK Approved by . ~ City Attorney's Office hisadmin\ord\screenin.doc Ordinance No. 97-3808 Page. 3 It was moved by Thornberry and seconded by , Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby . Lehman Norton Novick Thornberry Vanderhoef Vanderh~ef that the First Consideration 9/9/97 Vote f or passage:AYES: Vanderhoef, Baker, Kubby, Lehman, Norton, Novick, Thornberry. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 10/1/97 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 meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. NAYS: Kubby. ABSENT: None.