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HomeMy WebLinkAbout1995-04-25 OrdinanceCity of Iowa City IVIEMORAN! UM Date: April 21, 1995 TO: From: Re: City Council ~j~~.~ Karin Franklin, Director, PCD CN-1 Zone -- Parking location At the work session on April 10, there was some discussion of the location of parking in the Neighborhood Commercial Zone (CN-1). This was in connection with the proposal to reduce the parking requirement in this zone. Currently, there are two sections of the Zoning Ordinance which deal with the location of parking-- the parking requirements and the CN-1 zone. In the general parking requirements, parking is permitted in the rear yard of a property; in the side yard except for the space contiguous to a building; and in the front yard of commercial zones except when the parking area would be 50 feet from a residential zone boundary. The "Design Provisions" of the CN-1 zone emphasize pedestrian accessibility and state that "Parking lot layout shall take pedestrian cimulation into consideration:..." There are no absolute prohibitions or directives on where parking should be located. At this point, the staff's feeling is that the flexibility regarding location is acceptable and desirable. Particularly in the CN-1 zone, where we are trying to fit the commercial uses into a residential setting, there are times when the location of parking is desirable in the front or the back yard, If the Council would like us to evaluate this issue furlher, we would be happy to do so. However, at this time I would advocate proceeding with the amendment before the Council. Consideration of other aspects of the CN-1 zone continue to be on the Urban Planning Division's work program. bc5-1KF,mmo ORDINANCE NO, 95-3673 ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," OF THE CITY CODE BY REVISING ARTICLE L, ENTITLED "PROVi- SIONAL USES AND SPECIAL EXCEPTIONS," SECTION 1M, ENTITLED "NEIGHBORHOOD CENTERS," TO REPEAL THE ACCESS RE- QUIREMENT FOR NEIGHBORHOOD CENTERS. WHEREAS, neighborhood centers located in medium density residential zones are required to be located with access to arterial or collector streets, and are not permitted to access local streets; and WHEREAS, the definition for "neighborhood centers," as set forth in Zoning Chapter Section 14-6B-2, stipulates that neighborhood centers are to provide services "intended primarily, though not exclusively, for those persons living within a mile radius of the center;" and WHEREAS, the emphasis of neighborhood centers to serve walk-in clients, who reside in the surrounding residential neighborhood, lessens the expected vehicular traffic generated by such a facility; and WHEREAS, neighborhood centers are not permitted in lower density residential zones, where concern about undue traffic on local streets is greatest; and WHEREAS, in high density single-family resi- dential zones and lower density multi-family residential zones, neighborhood c3nters are only permitted by special exception, and there- by receive additional scrutiny by the Board of Adjustment concerning traffic generation and the impact of such a use accessing a local street; and WHEREAS, restricting neighborhood center access to arterial and collector streets is thus unwarranted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Ordinance No. 95-3673 Page 2 SECTION I. AMENDMENT. Title 14, Chapter 6, Article L, Section 1M, entitled "Neighborhood Centers," of the City Code is hereby amended by repealing subsection 14-6L-1M1, the addi- tional regulation restricting access for neighbor- hood centers to arterial and collector streets. The remaining subsections 14-6L- 1M2, 14-6L- 1M3 and 14-6L-1M4 are hereby respectively redesignated as follows: 14-6L-1M1, 14-6L- 1M2 and 14-6L-1M3. 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 the law. Passed and approved this 25th. day of April, 1995. /' NIAYOR _ . .~ , ,~) CITY CI'ERK Ordinance No. 95-3673 Page 3 It was moved by K,,hh¥ and seconded by as read be adopted, and upon roll call there were: lehman AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton that the Ordinance First Consideration Anril !1, 1995 Vote for passage: AYES: Knbby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz. NAYS: None. ABSENT: None. Second Consideration ..................... Vote for passage: Date published 5/3/95 Moved by Kubby, seconded by Novick, that the rule requiring ordinances tobe con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally paased be suspended, the second consideration and vote be waived and the ordinance be voted upon for fiBal passage at this time. AYES: Plgott, Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick. NAYS: None. ABSENT: April 25, 1995 Per Council Member Novick, add the following to 10-3-3(C) (4): Sidewalk cafes shall not operate whe~ the restaurant kitchen is closed. ORDINANCE NO. 95-3674 ORDINANCE AIViENDING TITLE 1, CHAPTER 9, SECTION 3, "ELECTION PRECINCTS" OFTHE CITY CODE OF IOWA CITY, IOWA, TO AMEND THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY, IOWA TO INCLUDE PROPERTIES ANNEXED AND TO EXCLUDE PROPERTIES SEVERED SINCE 1993. WHEREAS, the City of Iowa City has an- nexed territory since August 3, 1993; and WHEREAS, the City of Iowa City has severed territory since August 3, 1993; and WHEREAS, the boundaries of voting pre- cincts within the City of Iowa City have not been adjusted since August 3, 1993; and WHEREAS, the annexation and severance of territory by Iowa City now necessitates the amendment of voting precinct boundaries to accurately reflect the same and provide proper polling places for the city's inhabitants. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. Title 1, Chapter 9, Section 3, "Election Precincts" of the City Code of Iowa City, Iowa, be and the same is hereby amended by: A. Adding the following at the end of Section 1-9-3B7: Precinct Seven (7) shall exclude the fol- lowing-described property: Point of beginning at the center of the Northeast Quarter of Section 1, Town- ship 79 North, Range 7 West of the 5th P.M., thence south along the east line of the west half of the Northeast Quar- ter of Section 1, Township 79 North, Range 7 West of the 5th P.M., thence west along the south line of the west hair of the Northeast Quarter of Section 1, Township 79 North, Range 7 West of the 5th P.M. to a point where the southwest corner of the west half of the Northeast quarter, Township 79 North, Range 7 West of the 5th P.M. and the Southeast corner of the North- west Quarter, Township 79 North, Range 7 West of the 5th P.M. do meet, thence north along the west line of the west half of the Northeast Quarter to a point where the northwest corner of the Southwest Quarter of the Northeast Quarter, thence north 404.25 feet, thence west 308.22 feet, thence north 1677.39 feet to a point on the south right-of-way line of Heartland Rail Ordinance No. 95-3674 Page 2 Corp., thence southeasterly along said south line of said right-of-way to a point on the east line of the Northwest Quarter of the Northeast Quarter, Township 79 North, Range 7 West of the 5th P.M., thence south to the point of beginning. B. Adding the following at the end of Section 1-9-3B8: Precinct eight (8) shall also include the following-described property: Commencing at the Northeast Corner of Section 24, Township 79 North, Range 7 West of the 5th Principal Meridian; Thence S89o48'43"W, on the North line of said Section 24, a distance of 952.34 feet to the Centerline of a County Road, also being the Point of Beginning; Thence S66°54'25"W, 51.72 feet on said Centerline; Thence S66°36'52"W, 52.57 feet on said Centerline; Thence S60°03'O1"W, 88.13 feet on said Centerline; S59°32'48"W, 172.96 feet on said Centerline; Thence S59o20'00"W, 926.42 feet on said Centerline; Thence S59°20'47"W, 653.90 feet on said Centerline to the West line of the Northeast Quarter of said Section 24; Thence NOO°42'23"W, 973.23 feet on the West line of the Northeast Quarter of said Section 24 to the North Quarter Corner of said Section 24; Thence N89°48'43"E, 1692.69 feet on the North line of said Section 24 to the Point of Beginning. Said tract of land containing 18.60 acres. C. Adding the following at the end of Section 1-9-3B9: Precinct Nine (9) shall also include the fol- lowing-described property: A parcel of land located in the E 1/2 of Section 20, T79N, R6W of the 5th P,M., Johnson County, Iowa. Said parcel is described as follows: Com- mencing at the Center of said Section 20; Thence N89°47'41"E, 1135,60 feet to a point on the southeasterly Right-of-Way line of State Highway No. 1 and the point of beginning; thence along said southeasterly right-of-way S34°49'11"W, 244.80 feet; thence N40°44'41 "W, 414.92 feet to a point on the northwesterly Right-of-Way line of State Highway No. 1; thence the following courses and distances along Ordinance No. 95-3674 Page 3 said northwesterly right-of-way: N76°14'11"E, 198.37 feet; N40°17'45"E, 624.68 feet; N44°O3'52"E, 272.40 feet; N42°16'52"E, 88.60 feet; N45°40'22"1:, 83.50 feet; thence S39°09'33"E, 287.13 feet to a point on the southeasterly Right-of-Way line of State Highway No. 1; thence the following courses and distances along said southeasterly right-of-way: S44°02'41"W, 389.10 feet; S47°55'56"W, 292.00 feet; S31°04'41"W, 140.40 feet; S40°03'41"W, 180.90 feet to the point of beginning. Said parcel con- tains 8.1 acres more or less. Precinct Nine (9) shall also include the fol- lowing described property: Commencing at the center of Section 20, Township 79, Range 6 West of the 5th P.M., thence N 0025' E 524.1 feet to the Point of Beginning, thence N 41°07'30" W 282.4 feet, thence N 35057' W 726.8 feet, thence S 89050'30" E 212.9 feet, thence S 26o33'30" E 277.0 feet, thence S 41039' E 177.0 feet, thence S 55052'30" E 193.6 feet, thence S 0025' W 311.8 feet to the Point of Beginning. Said tract containing 3.07 acres. Adding the following at the end of Section 1-9-3B12: Precinct Twelve (12) shall also include the following-described property: The west one-half of the Southeast Quarter of Section 24 lying south of Higi~way 6 and the East 25 feet of the Southwest Quarter of Section 24 lying south of Highway 6 and the Northeast Quarter of Section 25 except the East 660.05 feet thereof, lying south of Highway 6 and the Northwest Quarter of Sectice 25 and the North Half of the Southwest Quarter of Section 25 and the Southwest Quarter of the South- west Quarter of Section 25 and the East Half of the Southeast Quarter and the south 16.50 feet of the Southeast Quarter of the Northeast Quarter of Section 26 except the 1.1§6 Acre property described in Book 992, Page 820 of the Johnson County Recorder's records. All in Township 79 North, Range 6 West of the Fifth Principal Ordinance No. 95-3674 Page 4 Meridian. The above described tract contains 422.542 acres, more or less. Precinct Twelve (12) shall also include the following-described property: The Northeast Quarter of Section 35, Township 79 North, Range 6 West, of the 5th Principal Meridian, Johnson County, Iowa, which is more particular- ly described as follows: Beginning at a Standard Concrete Monument found at the Southeast Corner of the Northeast Quarter of Section 35, Township 79 North, Range 6 West of the 5th Princi- pal Meridian; Thence S88o00'28"W, a recorded bearing along the South Line of said Northeast Quarter, 2615.31 feet, to an iron pin found at the South- west Corner of said Northeast Quarter of Section 35; Thence NO1 °58'07"W, 2651.36 feet, to an iron pin set; Thence N87°51'35'E, 2631.59 feet, to a Standard Concrete Monument found at the Northeast Corner of said Northeast Quarter of Section 35; Thence SO1 °37'05"E, 2658.22 feet, to the Point of Beginning. Said tract of land contains 159.89 acres, more or less, and is subject to easements and restrictions of record. Precinct Twelve (12] shall also include the following-described property: The northerly portion of the existing county road known as Nursery Lane, acquired in Fee Simple in the name of Tile City of Iowa City, for the purpose of construction of sewer improvements over and across said land and more particularly described as follows: Be- ginning at an iron pin found in the cen- terline of Nursery Lane, at the Southeast Corner of the Northwest Quarter of Section 35, Township 79 North, Range 6 West, of the 5th Princi- pal Meridian; Thence N88o00'28"E, a recorded bearing along the North Line of the Southeast Quarter of said Sec- tion 35, 100.09 feet, to a point 100.00 feet normally distant east of the West Line of said Southeast Quarter; Thence SO0°56'39"E, 16.50 feet; Thence S88°OO'28"W, along a line parallel with and 16.50 foot normally distant southerly of the North Line of the Southwest Quarter of said Section 35, 1753.26 feet, to its intersection with the centerline of Sand Road; Thence Ordinance No. 95-3674 Page 5 northwesterly, 55.49 feet, along said centerline, on a 1189.77 foot radius curve, concave southwesterly, whose 55.48 foot chord bears N28o50'35"W, to its intersection with the westerly projection of the North Right-of-Way line of said Nursery Lane; Thence N88°00'28"E, along said Northerly Right-of-Way Line, 1678.55 feet, to its intersection with the East Line of the Northwest Quarter of said Section 35; Thence SO1 °58'07"E, along said East Line, 33.00 feet, to the Point of Begin- ning. Said tract of land contains 1.93 acres, more or less, and is subject to easements and restrictions of record. Precinct Twelve (12) shall also include the following-described property: Commencing at a found concrete mon- ument at the Northeast Corner of the Southeast Quarter of Section 35, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence S88°00'28"W (An Assumed Bearing), along the North Line of said Southeast Quarter, 1,214.75 feet, to the Point of Beginning; Thence S02o04'36"E, 527.86 feet; Thence N53o35'12"E, 36.33 feet; Thence S02o04'36"E, 50.00 feet; Thence S53o35'12"W, 36.33 feet; Thence S02o04'36,.E, 41.18 feet; Thence S09°39'32"E, 2057.00 feet, to a point on the South Line of the Southeast Quarter of said Section 35; Thence S87o57'26"W, along said South Line, 66.59 feet; Thence NO9O39'32"W., 2052.54 feet; Thence NO2oO4'36"W, 0.47 feet; Thence S38o53'53"W, 45.75 feet; Thence SO2o04'36"W, 50.00 feet; Thence N38o53'53"E, 45.75 feet; Thence NO2°04'36"W, 573.O51 feet, to a point on the North Line of said Southeast Quarter; Thence N88°00'28"E, along said North Line, 66.00 feet, to the Point of Beginning. Said tract of land contains 4.12 acres, more or less, and is subject to ease- ments and restrictions of Record. Adding the following at the end of Section 1-9-3816: Precinct Sixteen (16) shall also include the foilowing-described property: Beginning at the Northeast Corner of Lot 64, of Scott Boulevard East, Part Two, in accordance with the Plat there- Ordinance No. 95-3674 Page 6 of, Recorded in Plat Book 33, at Page 225, of the Records of the Johnson County Recorder's Office; Thence S89°14'45"W, (A RECORDED BEAR- ING), along the North Line of said Sub- division, 22.39 feet, to its intersection with the existing Corporate Limit Line of the City of Iowa City; Thence N00°53'13"W, 110.00 feet along said Corporate Line; Thence N89°14'45"E, 399,21 feet, to a Point on the Line of the Existing Fence; Thence S00°21 '31 "E, along said Line of Exist- ing Fence, 111.00 feet, to its intersec- tion with the North Line of said Scott Boulevard East, Part Two; Thence S89° 14'45"W, {A RECORDED BEARING), along said North Line 375.81 feet, to the Point of Beginning. Said Tract of Land contains 1,02 Acres, more or less, and is subject to ease- ments and restrictions of record. 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 full force and effect from and after its final passage, approval and publication, as provided by Saw. Passed and approved this 251:h day ^r~rJ. 1, AYOR _ . , ~ i,/_~ CITY CLERK Ordinance No. 95-3674 Page 7 It was moved by t~l~ot t and seconded by as read be adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: , X X X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton that the Ordinance First Consideration 3/28/95 Vote for passage: AYES: Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick, Pigott. NAYS: None. ABSENT: None. Second Consideration /,/11/95 Vote for passage: ^YgS: Throgmorton, Baker, Ilorowitz, Kubbv, Lehman, Novick,Pigott. NAYS: None. ABSENT: None. ' Date published 5/3/95; 5/10/95; 5/17/95