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HomeMy WebLinkAbout1999-07-13 Public hearingNOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p,m. on the 13t" day of July, 1999, in the Civic Center Council Chambers, 410 E, Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the ,,uncil will consider: 1 An ordinance amending Title 14, Chapter Zoning, by adding a definition of ~,dult Business" and changing separation requirements between adult businesses and other uses, 2. An ordinance amending Title 14, Chapter 6, Zoning, to allow off-street parking on a separate lot in a different zone under certain conditions, 3. An ordinance conditionally changing the zoning designation of approximately ,33 acres from Medium Density Single-Family Residential (RSo8) to Community Commercial (CC-2) for property located on the west side of Gilbert Court north of Benton Street. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARlAN K, KARR, CITY CLERK ppdadm/nph7 1399.doc Prepared by: Scott Kugler, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ZONING, BY ADDING A DEFINITION OF "ADULT BUSINESS" AND CHANGING SEPARATION REQUIREMENTS BETWEEN ADULT BUSINESSES AND OTHER USES. WHEREAS, The City of Iowa City desires to update its zoning regulations in light of recent judicial decisions which pertain to the enforcement of local land use regulations on adult businesses; and WHEREAS, the City's Zoning Chapter currently contains no definition of an adult business; and WHEREAS, the City has reviewed the empirical evidence of the deleterious secondary effects caused by adult uses, ordinances from other communities, and other information pertaining to the regulation of adult businesses; and WHEREAS, the City has determined that its current regulations are not adequate to sufficiently protect and promote the public health, safety, and general welfare and encourage the most appropriate use of land; and WHEREAS, the City has determined that, in addition to adopting a definition of an adult business for clarity, separation requirements between adult businesses and residential zones, schools, parks, child day care centers, and other areas where numbers of minors regularly travel or congregate would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, Chapter 6, Zoning, is hereby amended as follows: a. Section 14-6B-2, Definitions, is hereby amended by adding the following definition: ADULT BUSINESS: Any amusement or entertainment establishment, bookstore, massage establishment, motion picture theater, video rental or sales establishment, or other similar use, in which 25 percent (25%) or more of its floor area is customarily not open to any minor by reason of age under Ordinance No. Page 2 Chapter 728, Obscenity, Code of Iowa, as amended. b. Section 14-6E-4D, Intensive Commercial Zone (C1-1) Special Exceptions, is hereby amended by repealing subsection 1 and replacing it with a new subsection 1 as follows: 1. Adult businesses, provided they are not located within 500 feet of any properties containing schools, parks, or child day care centers, residential zones, or any other place where numbers of minors regularly travel or congregate, or within 500 feet of any other adult business. 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 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 ,1999. MAYOR A'FI'EST: CITY CLERK l ppdadrnin~rd~adult. doc Prepared by: Scott Kugler, Associate Planner, 410 E, Washington Street, Iowa City, IA 52240; 319-356-5243 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, C APTER 6, ZONING, BY ADDING A DE INITION OF "ADULT BUSINESS" AND CHA' GING SEPARATION REQUIREMENTS BET EEN ADULT BUSINESSES AND OTHER USES. W REAS, The City .of Io.wa City desires to of local use regulations on adult businesses; and WHEF the City's Zoning Chapter currently no definition of an adult business: W the City has reviewed the empirical of the deleterious secondary effects caused adult uses, ordinances other comm~ and other informal pertaining to the ulation of adult and WHEREAS, has that its current regulations not adequate protect and promote public safety, and general welfare the most appropriate use of land; WHEREAS, the determined that, in addition to adopting of an adult business for ration requirements between adult busi residential zones, schools, parks, qffild day centers, and other areas where n of regularly travel or NOW BE ~ ORDAINED BY THE CI~'~' COUNCIL .OF THE TY OF IOWA CITYylOWA: S_E~..~_!ON I. AMENDMENT. Title I Chapter 6, Zening, is hereby amended as follows: ADULT BUSINESS: Any amusem,ent or entertainment establishment, bookstore, massage establishment, motion picture theater, video rental or sales establishment, or other similar use, in which 25 percent (25%) or more of its floor area is customarily not open to the public generally but only to Ordinance No. Page 2 one or more classes of the public excluding any minor by reason of age under Chapter 728, Obscenity, Code of Iowa, as amended. Section 14-6E-4D, Intensive Commercial Zone (C1-1) Special Exceptions, is hereby amended by repealing subsection 1 and replacing it with a new subsection 1 as businesses, provided they are not within 500 feet of any properties schools, parks, or child day care centers. zones, or any other place where of minors regularly travel or congregate, within 500 feet of any other adult SECTION II. 'EALER. All ordinances and parts of oro~nances conflict with the provisions of this C ~ereby repealed. SECTION III. If any s~ provision or part of Ordinance be adjudged to be invalid such adjudication shall not of the Ordinance as a whole or provision or part thereof not or unconsti- tutional. SECTION IV. DATE. This Ordi- nance shall be in its final passage, approval and as by law. Passed approved day of ,1999. CITY CL K ppdadrnin~ord~adult.doc City of Iowa City MEMORANDUM Date: To: From: Re: June 11, 1999 (for June 17 meeting) Planning and Zoning Commission Scott Kugler Regulation of Adult Businesses Staff is proposing amendments to the City's regulations regarding adult businesses in response to a recent situation which highlighted a peculiarity in enforcing the current regulations. In studying these provisions and reviewing literature on the topic, it has become apparent that our current regulations lack the clarity and specificity needed to adequately enforce them. Adult businesses are currently permitted only within the Intensive Commercial (C1-1) zone by special exception. The location of such uses is limited in that no adult business can be located within 500 feet of a restaurant or another adult business. This regulation also has the effect of limiting the location of restaurants in areas where adult businesses have already been established. The intent of the separation requirement is to avoid areas where these uses can become concentrated and create a blighted or "skid row" condition. The separation requirements between adult businesses and restaurants most likely stems from the inclusion of bars, cocktail lounges and taverns under the restaurant definition, and a perceived need to separate these uses. Staff recently received an inquiry regarding the location of a restaurant within a Community Commercial (CC-2) zone. The property happened to be located within 500 feet of an existing adult business. Although the intent of the regulation was not necessarily to control the location of bars and restaurants, that is its effect in this situation. Because a permit cannot be issued if it will create a non-conforming situation on another lot, a permit was not approved in that case. In dealing with the above application, staff became concerned about the vagueness of the current regulations pertaining to adult uses in terms of the types of uses that are covered by the subject provision, and whether the separation requirements contained in the Zoning Chapter are appropriate. Staff has reviewed the empirical evidence of the deleterious secondary effects caused by adult uses, as well as ordinances from other communities and other information pertaining to the regulation of adult uses to see how Iowa City's regulations compare with those of other communities. Regulation by Other Communities: Regulation of adult uses by communities in the United States generally falls into one of two categories. A few communities, most notably Boston, restrict adult businesses to a single specified area of the city, essentially creating an adult entertainment district (in Boston's case, the "Combat Zone"). By doing so, other neighborhoods throughout the city are assured that adult businesses will not be located there. In an effort to avoid the creation of a blighted area, the City of Boston has also invested funds in the renewal of this district by making streetscape and other pedestrian improvements in the area. More recently, however, Boston has begun an aggressive campaign to "clean up" this district, in a sense beginning to undo what it specifically created in the past. Most communities do not follow the Boston model, but rather attempt to disperse adult uses to avoid creating such a district. Typically, provisions prohibiting the location of a new adult business within 500 or 1,000 feet from another adult business are incorporated into the zoning regulations. In addition, many communities also include separation requirements between an adult business and uses such as schools, parks, residential neighborhoods, day care centers, or other areas where children congregate. These provisions often fall back on state laws that provide protection for minors from the goods and services offered by adult businesses. In some cases, other communities regulate the location of these with respect to their proximity to establishments that serve alcohol. However, based on the ordinances that staff has reviewed, it appears that the majority are aimed at separating these uses from areas where minors congregate. Some communities require a license to operate an adult business in order to attempt to control some of the negative externalities often associated with these uses. Licensing provisions may include a prohibition on the operation of an adult business by anyone who has been convicted on prostitution charges, or any felony in general, or may call for the revocation of a license if employees are found guilty of specified criminal activities at the business. While licensing can help a community better police the activities associated with many adult uses, it does not eliminate the need to have this use addressed in the community's zoning ordinance. Existing Iowa City Regulations: One of the concerns raised about Iowa City's adult business regulations is its lack clarity and specificity. In fact, there is no definition for this use within the Zoning Chapter. In lieu of a definition, section 14-6E-4D, Special Exceptions within the C1-1 zone, subsection 1, reads as follows: 1. Adult businesses, such as massage parlors and other similar establishments, which feature nude dancers or models, provided they shall not be located within five hundred feet (500') of a restaurant or another adult business. What is lacking in this provision is a clear definition of what an adult business is. For instance, one could argue that an adult bookstore is not covered by this provision because it does not feature live dancers or models or offer massages. This provision also lacks specificity with regard to the one use that is explicitly listed, the massage parlor. There are many different types of massage establishments in existence, the majority of which could not be considered "adult businesses." The term "massage parlor" does little to assist staff in interpreting this provision of the ordinance. If adult bookstores are determined to be adult businesses, another potential problem in enforcing the current regulation could arise in situations where a business designates only a portion of its sales area to the provision of adult goods (for instance, a video rental store or a newspaper/magazine store with a designated adult section). At what point do these uses "cross the line" and become businesses regulated by the above provision? Many communities use a certain percentage of the floor area of the use (usually 15 or 25 percent) as a threshold to determine whether or not the adult use is ancillary to the operation of another use, or whether it is in fact an adult business. Others look at the percentage of the total sales generated by the adult oriented merchandise being offered by the business. Proposed Amendments to Iowa City Zoning Chapter: It is clear that Iowa City's adult use regulations need some updating, which at a minimum would involve adopting a definition to more clearly indicate the types of uses that are to be regulated as adult businesses. In addition, the City may want to consider re- evaluating its separation requirements in terms of the types of uses that should be separated. Staff recommends the following amendments to the Zoning Chapter to address these issues. Staff recommends adding a definition of "Adult Business" to the definitions section of the Zoning Chapter which relies upon the Obscenity statute contained in the State Code. Any establishment which must restrict minors from entering the building, or an area within the building that occupies 25 percent or more of the floor area of the use, would be covered by the following definition: Adult Business: Any amusement or entertainment establishment, bookstore, massage parlor, motion picture theater, video rental or sales establishment or other similar use, in which 25 percent or more of its floor area is customarily not open to the public generally but only to one or more classes of the public excluding any minor by reason of age under Chapter 728, Obscenity, Code of Iowa. Amendments are also proposed to the C1-1 zone special exception clause for adult businesses. The current wording of this section is listed above on page 2 of this memorandum. The following provision would eliminate the separation requirement between adult businesses and restaurants, and replace it with a separation requirement from schools, parks, child care centers, residential zones, or other places where children typically congregate. There are situations where existing C1-1 zones directly abut residential zones. This amendment should help to ensure that adult businesses do not locate in close proximity to the residential zones. It is important to note that the C1-1 zone does permit the establishment of upper-floor residential dwellings above commercial businesses permitted in the zone. This amendment would not result in a separation requirement between those residences and adult businesses. However, the proximity of existing residential dwellings could be considered by the Board of Adjustment when determining whether or not to permit the establishment of an adult business through the special exception process. 14-6E-4D Special Exception Uses (C1-1 Zone): 1. Adult businesses, provided they are not located within 500 feet of any schools, parks, child day care centers, residential zones, or any other place where numbers of minors regularly travel or congregate, or within 500 feet of any other adult business. All of the existing adult businesses that staff is aware of are currently non- conforming uses, and would remain so after the adoption of this amendment. None of them are currently located within the C1-1 zone, which is the only zone in which these uses are currently permitted. This amendment would reduce the land area within Iowa City available for the location of a new adult business· To ensure that the proposed amendments would not overly restrict the location of adult businesses to the point that they would be essentially excluded from the community, staff has prepared the attached map illustrating the potential adult business locations under the proposed regulations, using the existing zoning as a base. Staff feels that there would be sufficient areas remaining within existing C1-1 zones for the location of adult businesses. STAFF RECOMMENDATION: Staff recommends that the Zoning Chapter be amended by adding a definition for Adult Businesses within Article 14-6B, Zoning Definitions, and by amending section 14-6E-4D, special exceptions in the C1-1 zone, by requiring a 500-foot separation between adult businesses and schools, parks, child care centers, residential zones, or any other place where minors regularly travel or congregate, as specified above. ATTACHMENT: Map indicating potential adult business locations under the proposed ordinance amendments· Approved by: ob~ert'Miklo, Senior Planner Department of Planning and Community Development NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 13~ day of July, 1999, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. An ordinance amending Title 14, Chapter 6, Zoning, by adding a definition of "Adult Business" and changing separation requirements between adult businesses and ,er uses. An ordinance amending Title 14, Chapter Zoning, to allow off-street parking on a separate lot in a different zone under certain conditions. 3. An ordinance conditionally changing the zoning designation of approximately .33 acres from Medium Density Single-Family Residential (RS-8) to Community Commercial (CC-2) for property located on the west side of Gilbert Court north of Benton Street. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARlAN K. KARR, CITY CLERK ppdadrrdnph71399.doc Prepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCENO. AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE N, ENTITLED "OFF-STREET PARKING AND LOADING," TO ALLOW OFF- STREET PARKING ON A SEPARATE LOT IN A DIFFERENT ZONE UNDER CERTAIN CONDITIONS, WHEREAS, in some instances elderly housing operations and commercial and industrial businesses have a demonstrated need for additional off-street parking; and WHEREAS, in some cases there is no space on the lot where the principal use is located, and additional parking must be previded on a separate lot; and WHEREAS, it is reasonable to allow non- required off-street parking on a separate lot in a different zone from the principal use by special exception under certain conditions, such as when such parking will not negatively impact adjacent properties or the appearence of the streetscape; and WHEREAS, in assessing the merits of a special exception application for non-required off- street parking in a separate zone, it is appropriate that the Board of Adjustment shall consider the desirability of the location, potential detrimental effects on adjacent properties, pedestrian and vehicular traffic safety, and the appearance of the need for additional off-street parking. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Chapter 6, entitled "Zoning," Article N, entitled "Off-Street Parking and Loading," be amended as follows: 14-6N-1C be amended as follows: C. Off-Street Parking Located on a Separate Lot: The Board of Adjustment may grant a special exception for off-street parking and stacking spaces, aisles, and drives, to be located on a separate lot from the use served when: 1) two or more uses share the same off-street parking and stacking spaces, aisles, and drives; 2) an increase in the number of spaces is required by convereion or an enlargement of the use; 3) for housing for the elderly in a multi-family zone, or in commercial or industrial zones, non-required off- Ordinance No. Page 2 street parking cannot be provided on the property where the principal use is located and such parking will bo oonstructod on 3 soparato lot prior to octablishmont of a principal uso on that lot; or 4) uses are located in the CB-2 zone, and provided the following conditions are met: [remainder omitted] 14-6N-1 C(2)(c) be added as follows: c. In the same zone as the principal use, except non-required off-street parking may be provided on a separate lot within the parameters of the following pairings: 1. Multi-family and Multi-family (RM-12, RM- 20, RM-44 and PRM zones), 2. Commercial and Commercial or Industrial (CC-2, CH-1, C1-1, I-1 and I-2 zones), 3. Industrial and Industrial or Commercial (CC-2, CH-1, C1-1, I-1 and I-2 zones); and provided the principal use is established prior to the special exception application. 14-6N-1 C(7) be amended as follows: 7. In assessing an application for a special exception, the Board shall consider the desirability of the location of off-street parking and stacking spaces, aisles, and drives on a lot separate from the use served in terms of pedestrian and vehicular traffic safety; any detrimental effects on adjacent property; the appearance of the streetscape as a consequence of the off-street parking; and in the case of non- required parking, the need for additional off-street parking. 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 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 day of ,1999. MAYOR ATTEST: CITY CLERK City~y'~ jccogtp~orcl~o~strpk.cloc City of Iowa City MEMORANDUM Date: To: From: Re: June 9, 1999 Planning and Zoning Commission . ,<~CL~ · in D' ecto ~ Kann Frankl , ~r r, P Off-Street Parking on a Separate Lot in a Different Zone On November 19, 1998, the Planning and Zoning Commission recommended denial of a request by Christian Retirement Services (Oaknoll) to rezone a parcel on Benton Court from RS-8 to RM-44. The request by Oaknoll was for the purpose of allowing the continuation of non- required off-street parking on the lot on Benton Court. This parking had been constructed to allow for the temporary relocation of parking during the construction of Oaknoll's addition. Upon completion of the addition, Oaknoll wished to make the parking permanent. Since the parking was located in a different zone (RS-8) from the principal use of Oaknoll (RM-44), the parking could not be permitted by any other means than a rezoning of the property. In December, the City Council was presented with the zoning question, tabled the item indefinitely, and directed the staff to look at ordinance amendments which would allow for the continued parking at the Benton Court location. In fall 1998, the Romanowskis, who have a peridontists' office on Mall Drive in a Community Commercial (CC-2) zone, requested approval of non-required parking on an adjacent lot located in an industrial (I-1) zone. Because the Zoning Ordinance has been consistently enforced to disallow parking being located in a different zone from the principal use for which the parking is provided, the Romanowskis' request could not be granted. The Romanowskis are considering an appeal of the interpretation of the Zoning Ordinance pending the outcome of an ordinance amendment consideration that would permit parking on a lot with different zoning from the principal use. Presented below is a proposed amendment which should address in part the Council's direction and the issue raised by the Romanowskis on Mall Drive. Amend Section 14-6N-1C to read: Off-Street Parking Located on a Separate Lot: The Board of Adjustment may grant a special exception for off-street parking and stacking spaces, aisles, and drives to be located on a separate lot from the use served when: 1) two or more uses share the same off-street parking and stacking spaces, aisles, and drives; 2) an increase in the number of spaces is required by conversion or an enlargement of the use; 3) for housing for the elderly in a multi-family zone, or in commercial or industrial zones, non-required off-street parking cannot be provided on the property where the principal use is located and such parking will bc constructcd on a scparatc lot prior to cctablishmcnt of a principal usc on that lot; or 4) uses are located in the CB-2 zone, and provided the following conditions are met: Section 14-6N-1C.2 (the location of off-street parking)is amended to add the following language: Off-Street Parking on a Separate Lotin a Different Zone June 8,1999 Page 2 In the same zone as the principal use, except non-required off-street parking may be provided on a separate lot within the parameters of the following pairings: 1 ) multi-family and multi-family (RM-12, RM-20, RM-44 & PRM zones), 2) commercial and commercial or industrial (CC-2, CH-1, Cl~l, I-1 & I-2 zones), 3) industrial and industrial or commercial (CC-2, CH-1, C1-1, I-1 & I-2 zones); and provided the principal use is established prior to the special exception application. These proposed amendments would allow Oaknoll and the Romanowskis to pursue a special exception before the Board to achieve the parking arrangement each of them desires. Oaknoll would still need to rezone the lot on which their parking is located to some multi-family zone. Presumably RM-12 would be sought as the least dense multi-family zone that could provide a transition between the RM-44 zone in which Oaknoll is located to the RS-8 zone on George Street. The staff can support the amendment as it relates to the placing of non-required parking on commercial or industrial lots provided the need for non-required parking is shown and the other criteria of Section 14-6N-1.C.7 are met. (The provision deleted from the current language of 14-6N-1C is covered by the criteria of Subsection 7. The deletion allows greater flexibility in the use of the separate lot provision while the full use of the separate lot is considered under the criteria of Subsection 7.) The staff does not support the amendment as it relates to multi-family development but is following the Councirs direction in developing this amendment. Allowing non-required parking on a separate lot in residential cases is less attractive. Our concern relates to the "gap tooth" appearance of a residential area that may result if one or more properties are used exclusively for parking, leaving paved breaks in the pattern of residential buildings along a street face. These concerns may be addressed through the Board of Adjustment consideration of the special exception and the particular parking arrangement approved or denied accordingly. Permitting off-site non-required parking for a higher density use located in one zone to be placed on lots in single-family or conservation zones is not recommended and is not permitted under these proposed amendments. Additional language in Subsection 7, addressing some of the issues noted above is also suggested, as follows: In assessing an application for a special exception, the Board shall consider the desirability of the location of off-street parking and stacking spaces, aisles, and drives on a lot separate from the use served in terms of pedestrian and vehicular traffic safety; any detrimental effects on adjacent property; the appearance of the streetscape as a consequence of the off-street parking; and in the case of non- required parking, the need for additional off-street parking. In summary, the ordinance amendments proposed will resolve, to the extent we believe is prudent, the issues of the Oaknoll parking lot and the Romanowskis' situation. ppddir/men~/offslreet.doc NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 13~ day of July, 1999, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. An ordinance amending Title 14, Chapter 6, Zoning, by adding a definition of ~dult Business" and changing separation requirements between adult businesses and other uses. 2. An ordinance amending Title 14, Chapter 6, Zoning, to allow off-street parking on a separate lot in a different zone under certain n:jiti°ns' An ordinance conditionally changing the ng designation of approximately .33 acres from Medium Density Single-Family Residential (RS-8) to Community Commercial (CC-2) for property located on the west side of Gilbert Court north of Benton Street. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARlAN K. KARR, CITY CLERK ppdadnVnph71399.doc Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCENO. ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION OF APPROXIMATELY .33 ACRES FROM MEDIUM DENSITY SINGLE-FAMILY (RS-8) TO COMMUNITY COMMERCIAL (CC-2) TO ALLOW EXPANSION OF KENNEDY PLAZA FOR PROPERTY LOCATED ON THE WEST SIDE OF GILBERT COURT NORTH OF BENTON STREET. WHEREAS, the applicant, Hodge Construction, has requested that the City rezone approximately .33 acres of property located on the west side of Gilbert Court north of Benton Street from RS-8 to CC-2; and WHEREAS, the Comprehensive Plan depicts this as an area of transition from commercial to residential; and WHEREAS, the applicant has submitted a concept site plan indicating how development of this property will result in a buffer between commercial and residential development; and WHEREAS, the applicant has agreed to develop this property in accordance with the terms and conditions of a conditional zoning agreement to ensure an appropriate transition; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning subject to an appropriate conditional zoning agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of the conditional zoning agreement, attached hereto and incorporated by reference herein, property described below is hereby reclassified from its present classification of RS-8 to CC-2: THE EAST 100 FEET OF LOTS 6 AND 7 IN BLOCK 4, LYON'S FIRST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 12, PAGE 188, DEED RECORDS OF JOHNSON COUNTY, IOWA, ALSO INCLUDING; THE EAST 100 FEET OF THE Ordinance No. Page 2 ALLEY BETWEEN THE STREETS ORIGINALLY DESIGNATED AS MAIDEN LAND AND GILBERT STREET AT LAFAYETTE STREET IN BLOCK 4, LYON°S FIRST ADDITION, IOWA CITY, IOWA ACCORDING TO THE PLAT THEREOF ORIGINALLY RECORDED IN BOOK 12, PAGE 182, DEED RECORDS OF JOHNSON COUNTY, IOWA AND RERECORDED IN BOOK 2, PAGE 31 RECORDS OF JOHNSON COUNTY, IOWA. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval, and publication of this Ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the owners of the property and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance and Conditional Zoning Agreement and to record the same in the Johnson County Recorders Office at the applicant's expense upon passage and approval of this Ordinance. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 ,1999. MAYOR ATTEST: CITY CLERK Prepared by: Robert Miklo, Senior. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City") and Kennedy Plaza Inc. (hereinafter "Owner'). WHEREAS, Owner has requested that the City rezone approximately .33 acres of property located on the west side of Gilbert Court north of Benton Street from RS-8, Medium Density Single-Family Residential, to CC-2, Community Commercial; and WHEREAS, the property is in an area designated on the comprehensive plan as a transition from commercial to residential; and WHEREAS, Iowa Code ,~414.5 (1999) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to ensure appropriate use of this property in relation to surrounding properties; and WHEREAS, Owner has agreed to use this property in accordance with the terms and conditions of a conditional zoning agreement to ensure the development of this property provides an appropriate transition. NOW, THEREFORE, in consideration of mutual promises contained herein, the parties agree as follows: Kennedy Plaza Inc. is the owner and legal title holder of property located on the west side of Gilbert Court north of Benton Street, which property is more particularly described as follows: THE EAST 100 FEET OF LOTS 6 AND 7 IN BLOCK 4, LYON'S FIRST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 12, PAGE 188, DEED RECORDS OF JOHNSON COUNTY, IOWA, ALSO INCLUDING; THE EAST 100 FEET OF THE ALLEY BETWEEN THE STREETS ORIGINALLY DESIGNATED AS MAIDEN LAND AND GILBERT STREET AT LAFAYETTE STREET IN BLOCK 4, LYON'S FIRST ADDITION, IOWA CITY, IOWA ACCORDING TO THE PLAT THEREOF ORIGINALLY RECORDED IN BOOK 12, PAGE 182, DEED RECORDS OF JOHNSON COUNTY, IOWA AND RERECORDED IN BOOK 2, PAGE 31 RECORDS OF JOHNSON COUNTY, IOWA. Owner acknowledges that the City wishes to ensure the appropriate development of the subject property as a buffer between commercial and residential development that is compatible with adjacent properties. Therefore, Owner agrees to certain conditions above and beyond City regulations in order to ensure that use of the subject property provides an adequate transition area and does not negatively affect adjacent properties. Resolution No. Page 2 In consideration of the City's rezoning the subject property from RS-8 to CC-2, Owner agrees that use of the subject property shall conform to the requirements of the CC-2 zone as well as the following additional conditions. Development of the property shall generally conform to the site plan reviewed by the Planning and Zoning Commission, a copy attached hereto and incorporated herein. There shall be no vehicular access from this properly to Gilbert Court. There shall be a landscape buffer planted between this property and adjacent residential properties. The City shall review and approve an outdoor lighting plan prior to issuance of a building permit for this property. The Owner acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code ,~414.5 (1999), and that said conditions satisfy public needs which are directly caused by the requested zoning change. The Owner acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this conditional zoning agreement. The parties acknowledge that this conditional zoning agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. Owner acknowledge that nothing in this conditional zoning agreement shall be construed to relieve the Owner or Applicant from complying with all applicable local, state, and federal regulations. The parties agree that this conditional zoning agreement shall be incorporated by reference into the ordinance rezoning the subject property; and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this ~' day of Jb[ ~ KENNEDY PLAZA INC. ~,~ By M~~/~ ,1999. CITY OF IOWA CITY By Ernest W. Lehman, Mayor Attest: Marian K. Karr, City Clerk Resolution No. Page 3 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ day of h~ee Sta~t~ , A.D. 19~ , before me, the undersigned, a Notary Public in and for t f Iowa, personally appeare, d~ike Hod e, to me personally known, who, being by me duly swom, did say that he is the of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed there o is the seal of said) said corporation by authority of its t t v do voluntarily ey''~'1 .t~,rl . L Notary Public in and ~ (~ounty and Stat~/' STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of ,1999, before me, , a Notary Public in and for the State of Iowa, personally appeared Emest W. Lehman and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed by the City Council, on the day of , 1999, and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the volu~t~/.'i"* ~_~.,!?~',~d nf fh~. r.r~rporation, by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: EXIST. TRANS.~,,~ S89'36'14'F ~ ""'" 26 25 PROP. TRANS. NOTES: - 1) PROPOSED PARKING LOT TO BE 6" P.C.C. W~TH 6' CURB AND CA./TTER. 2) DETAJL CRADING PLAN TO BE INCLUDED 18.1' 9 10 11 12 CONSI~UClqQN DRAWINGS. 3) PROPOSED UGHT TYPES 18 Q b AND LOCATIONS TO BE F ~ mee,osF. o ~ :~) APPROVI~D BY THE ' - 1.440 $~ ~ 0 CITY OF IOWA CITY. N~8"22~51"[~.-,I.-- 20.0' --em.- c:===~ 6T ,. O 3 ~u c=== .~ ~ ~ 5,o, STAFF REPORT To: Planning & Zoning Commission Item: REZ99-O010 813 Gilbert Ct. GENERAL INFORMATION: Applicant: Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45 Day Limitation Period: Prepared by: Robert Miklo Date: June 17, 1999 Hodge Construction Co. 711 S. Gilbert St. Iowa City, IA 52240 Mike Hodge 354-2233 Rezoning from RS-8 to CC-2 Parking lot and commercial/residential building. West side of Gilbert Court north of Benton Street. 0.33 of an acre Vacant North: Commercial/residential, CC-2 South: Residential, RS-8 East: Residential, RS-8 West: Commercial, C1-1 Intensive Commercial May12,1999 June 27, 1999 BACKGROUND INFORMATION: The applicant has requested that this property be rezoned from RS-8, Medium Density Single- Family Residential to CC-2, Community Commercial in order to allow the development of the property for a parking lot to serve uses located in the existing CC-2 zone to the north (Kennedy Plaza). Kennedy Plaza contains a mixed-use building with commercial uses on the ground floor and apartments on the upper floors. The applicant has indicated that they have 2 experienced a shortage of parking for commercial uses on the west side of the building. They would like to provide additional parking for their residential tenants on the subject property in order to allow the existing parking spaces on the west side of Kennedy Plaza to be used for the customers of the commercial businesses. They would also build a small commercial building with two dwelling units on the upper floors. Dwellings are allowed on the upper floors of commercial buildings by special exception in the CC-2 zone. The Zoning Ordinance does not allow parking for commercial uses in residential zones. Therefore, in order for the applicant to implement the plan the subject property would need to be rezoned. A single-~amily dwelling was removed from the property in May of this year and it is currently vacant. ANALYSIS: Comprehensive Plan: Even though the Comprehensive Plan shows this area as appropriate for commercial development, it is currently zoned RS-8. As stated in the zoning code the RS-8 zoning is primarily intended to provide for the development of small lot single-family dwellings. Because this zone represents a relatively high density for single-family development, dwellings should be in close proximity to all city services and facilities, especially parks, schools and recreational facilities. Special attention should be given to landscaping and site development. Special provisions of this Zone permit dwellings with no side yard to accommodate attached single-family dwellings and to permit conversions of existing structures to duplexes. The proposed CC-2 zone is intended to provide for major business districts to serve a significant segment of the total community population. In addition to a variety of retail goods and services, these centers may feature a number of large traffic generators requiring access from major thoroughfares. While these centers are usually characterized by indoor operations certain permitted uses may have limited outdoor activities. The Comprehensive Plan depicts the area generally located between Gilbert Street and Gilbert Court, including this property, as appropriate for Intensive Commercial, C1-1, uses. The C1-1 zone is intended to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise, by repair of motor vehicles, by outdoor commercial amusement and recreational activities or by activities or operations conducted in buildings or structures not completely enclosed. Special attention must be directed toward buffering the negative aspects of these uses from any residential use. The Kennedy Plaza property itself was once zoned C1-1. When it was rezoned in 1993, it was thought that its location on a highly visible corridor such as Gilbert Street made it more appropriate for CC-2 zoning. Other properties in the vicinity of Gilbert Court and Maiden Lane are zoned C1-1 and RS-8. It may be that the RS-8 zoning was put in place to acknowledge the current dwelling units located on Benton Street and portions of Gilbert Court. In the long term it is possible that the other properties in this vicinity may be rezoned and redeveloped for commercial uses. In the interim if there is commercial development in this area it should be designed to minimize negative effects on nearby residential uses. The proposed rezoning varies from the Comprehensive Plan in that it would allow general commercial uses (CC-2 zone) to extend into an area designated by the plan for intensive commercial uses (C1-1 zone). The maps presented in the Comprehensive Plan outline in a general fashion the location of different land uses and should be interpreted with flexibility at 3 the boundaries of designated uses as long as appropriate transitions between areas occur. Given that the proposed zone change occurs at the boundary of two commercial areas, as designated in the Comprehensive Plan, and is a relatively small area, in staff's opinion the zone change may be appropriate if concerns regarding a transition to residential uses are adequately addressed. Compatibility with surrounding land uses: This property slopes from east to west and from south to north. This change in topography helps provide a transition from the properties located on the east side of Gilbert Court and those on Benton Street. This may make it easier to allow commercial uses on this property without affecting the existing residential uses in the vicinity. Landscaping could be used to provide additional buffering between the residential and commercial uses. Traffic: Gilbert Court provided access to the dwelling that used to be located on this property. The street itself is in substandard condition. Staff would not recommend allowing a great increase in traffic on Gilbert Court unless the applicant or the City improves it. Other than maintenance of the chip seal surface, the City has no plans to improve the street at this time. If this property were to be used for a commercial parking lot staff would recommend that vehicular access for the proposed parking lot not be from Gilbert Court. Another point of access could be created from Kennedy Plaza to this property. This would require the relocation of an existing transformer located adjacent to the Kennedy Plaza building. The applicant has agreed to this condition. It should be noted that uses allowed in the CC-2 zone are likely to generate more traffic than uses allowed in the RS-8 zone. Gilbert Street currently is constrained in its ability to efficiently carry traffic. Given the relatively small size of the parcel proposed for rezoning, this concern may not be sufficient to warrant denial of the proposed rezoning. Sensitive areas: There are no sensitive areas indicated on the property. Stormwater management: Stormwater runoff from this property will flow to the northwest into the detention basin within the Kennedy Plaza development. To assure that stormwater does not flow onto the properties located to the west; staff has asked the applicant to provide a curb along the west property line so that stormwater is directed to the north. Summary: The Comprehensive Plan indicates that commercial zoning may be appropriate in this area. However, given the location of this property on the edge of a residential neighborhood, care should be taken to assure that commercial uses on this site do not infringe the adjacent residential zones. To assure that the commercial use of this property does not affect neighboring properties staff recommends that the requested rezoning be approved subject to a site plan illustrating the location of driveways, paving, landscaping, drainage and outdoor lighting. The site plan should demonstrate that there will be an adequate buffer located between this property and the adjacent residential property and that traffic from commercial uses on this site will not access Gilbert Court. The applicant has indicated that the site plan will be submitted prior to the Commission's vote on the rezoning. STAFF RECOMMENDATION: Staff recommends approval of the rezoning of 0.33 of an acre located at 813 Gilbert Court from RS-8 to CC-2 subject to a site plan which illustrates that there will be an adequate 4 buffer between this property and the adjacent residential property, an outdoor lighting plan, drainage will be directed to the Kennedy Plaza basin, and traffic from commercial uses on this site will not access Gilbert Court. ATTACHEMENTS: 1. Location Map 2. Applicant's letter Karin Franklin, ' , Department of munity Development ppdadmin\stfrep~ennedy.doc IS 39G )G I II1-tll~-~ ~~'ff_ ~OSNHOP -- III III H - ~~~),~L~ _ IIIII ~ ~ -- II' ~F18 NVA t ~ N3;EIF18 KV ~' III I-t~ o/~ ~_~ 0 N I.U rr tm truakm 711 S. Gilbert IOWA CITY, IOWA 52240 05-12-99 City of Iowa City Planning & Community Development 410 E. Washington Street Iowa City, Iowa 52240 Re: 813 Gilbert Court The application for rezoning of 813 Gilbert Court in Iowa City is due to the need for additional parking spaces for the Kennedy Plaza commercial units. Michael E. Hodge/ama Resolution No. Page 2 3. In consideration of the City's rezoning the subject property from RS-8 to CC-2, Owner agrees that use of the subject property shall conform to the requirements of the CC-2~zone well as the following additional conditions. a. evelopment of the property shall generally conform to the s~te plan revie~ed by the ing and Zoning Commission a copy attached hereto an~ incorpora, re rein b. lall be no vehicular access from this property to Gilbert Court.· There shall be a landsc The City building The Owner impose on the land needs which are directly buffer planted between this property and adjacent residential properties. dl review and approve an outdoor lighting plan pdor to issuance of a this property. that the conditions contained herein are reasonable conditions to 'owa Code ~414.5 (1999), and that said conditions satisfy public by the requested zoning change. The Owner acknowledge redeveloped, or subdivided, all zoning agreement. in the event the subject property is transferred, sold, >ment will conform with the terms of this conditional The parties acknowledge that covenant running with the land effect as a covenant running with the City. The parties further and bind all successors, zoning· agreement shall be deemed to be a title to the land, and shall remain in full force and to the land unless or until released of record by e that ,ffiis agreement shall inure to the benefit of assigns of the parties. Owner acknowledge that nothing in this relieve the Owner or Applicant from compl regulations. zoning agreement shall be construed to ~g with all applicable local, state, and federal The parties agree that this conditional zoning into the ordinance rezoning the subject property; the ordinance, this agreement shall be recorded in the Owners expense. ;hall be incorporated by reference that upon adoption and publication of ~e Johnson County Recorder's Office at Dated this day of. KENNEDY PLAZA INC. By Mike Hodge / /' /' / / / /' / / / CITY OF CITY By Ernest W. Attest: Madan K. Karr, City NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE RIVERSIDE FESTIVAL STAGE IN CITY PARK PROJECT IN THE CITY OF IOWA CITY, IOWA. TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public headng on plans, specifications, form of contract and estimated cost for the construction of the Riverside Festival Stage in City Park Project in said City at 7:00 p.m. on the ~ 13 dayof July, 1999, said meeting to be held in the Council Chambers in the Civic Center in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posed by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARlAN K. KARR, CITY CLERK city of iowa PARKS AND RECREATION DEPARTMENT 220 S. Gilbert Street TO: FROM: DATE: RE: City Council Parks and Recreation Director July 8, 1999 Resetting of Two Public Hearings On your July 13 agenda there are two public heating items to approve plans and specifications; Riverside Festival Stage in City Park and Oakland Cemetery Phase One Expansion. Plans and specifications have not been filed with the Clerk's Office for either project and will requite republication and filing. Therefore, staff recommends the public hearings be reset for your meeting of July 27. with regard to the Riverside Festival Stage, we are recommending this action due to the fact that cost estimates are running high and we need more time to come up with some alternate plans. We will be at your July 12 work session to discuss this with you. Due to the fact that you have only one meeting in August, a two week delay in the plans, specifications and public hearing process will not affect the construction timeline; we still plan to award a bid at your August 24 meeting. We are recommending delay of the Oakland Cemetery public heating because our consulting firm feels it is better to give a three-week time frame for bidding as opposed to a five-week lime frame, and they can use the extra time up-front to be certain the plans and specifications are completely in order prior to requesting bids. We agreed to this because the bid date and construction timeline will not be affected. Award of the bid is still scheduled for your meeting of August 24. NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE OAKLAND CEMETERY PHASE I EXPANSION PROJECT IN THE CITY OF IOWA CITY, IOWA. TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the Oakland Cemetery Phase I E,x~pansion Project in said City at 7:00 p.m. on the 13 day of July, 1999, said meeting to be held in the Council Chambers in the Civic Center in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posed by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments conceming said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARlAN K. KARR, CITY CLERK NOTICE OF PUBUC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE 1999 SANITARY SEWER REHABILITATION PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Coundl of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the 1999 SANITARY SEWER REHABILITATION Project in said City at 7:00D.m. on the 13=' day of July 1999. said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans. spedfications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said impmvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARlAN K. KARR, CITY CLERK PH-1