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Home My WebLink About1999-07-13 OrdinancePrepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 99-3890 AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ZONING, ARTICLE E, COMMERCIAL AND BUSINESS ZONES, SECTION 2, NEIGHBORHOOD COMMERCIAL ZONE, AND ARTICLE L, PROVISIONAL USES, SPECIAL EXCEPTIONS, AND TEMPORARY USES, TO ALLOW PHARMACIES TO HAVE A DRIVE-THROUGH FACILITY IN THE NEIGHBORHOOD COMMERCIAL ZONE, AND TO ADOPT LOCATION, DESIGN AND SIZE CRITERIA FOR DRIVE-THROUGH FACILITIES ASSOCIATED WITH PHARMACIES AND FINANCIAL INSTITUTIONS IN THE NEIGHBORHOOD COMMERCIAL ZONE. WHEREAS, the Neighborhood Commercial (CN-1) zone is intended to provide a neighborhood-oriented grouping of a grocery store and small retail and office businesses which are relatively nuisance-free to surrounding residences; and WHEREAS, allowing a drive-through facility associated with a pharmacy is found not to increase the total amount of traffic attracted to the pharmacy and the neighborhood commercial area; and WHEREAS, in order to maintain the pedestrian and neighborhood orientation of CN-1 zones, a maximum of one lane for a pharmacy drive-through facility and three lanes for a financial institution drive-through facility should be permitted; and WHEREAS, it will serve the public, and should not take away from the pedestrian and neighborhood orientation of the CN-1 zone, if pharmacy drive-through facilities are permitted by special exception on a case by case basis; and WHEREAS, special exception criteria governing the location, design, and size of drive- through facilities should apply to drive-through facilities proposed for financial institutions and pharmacies in the CN-1 zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Chapter 6, entitled "Zoning," Article E, entitled "Commercial and Ordinance No. 99-3890 Page 2 Business Zones," Section 2, entitled "Neighborhood Commercial Zone" be amended as follows: 14-6.E-2.D(2) be rescinded, and replaced with the following: 2. Up to three (3) drive-through lanes associated with a financial institution, and/or one (1) drive-through lane associated with a pharmacy, subject to the requirements of Article L of this Chapter. Chapter 6, entitled "Zoning," Article L, entitled "Provisional Uses, Special Exceptions, and Temporary Uses," be amended to add the following: 14-6L.-1W. Drive-through facilities associated with financial institutions and pharmacies in the Neighborhood Commercial (CN-1) zone. 1. To the extent feasible, the drive- through lanes and stacking spaces should be designed to maximize their separation from pedestrian and vehicular circulation on the site, to minimize the paved area devoted to vehicular use and its potential for visually and functionally restricting the pedestrian orientation of the zone, and to assure compatibility with neighboring residential properties. To promote safe pedestrian access and vehicular circulation on the site, the Board of Adjustment may require certain conditions, including, but not limited to the area devoted to the drive-through facility being minimized to limit areas of paving, and the drive- through facility, including the stacking spaces, being located in conjunction with a loading zone or a side or rear access drive for the store. The Board may also require that the facility be designed or screened to minimize headlights shining onto residential properties, to limit the noise associated with the facility, such as prohibiting the use of loud speaker systems, or other reasonable conditions to assure the compatibility of the facility with neighboring residential properties. SECTION II. REPEALER. All ordinances and paris 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 1.tf_h day of ,luly ,1999. Ordinance No. 99-3890 Page 3 ney's ppdadmin~ord%drivthru.doc Ordinance No. 99-3890 Page 4 It was moved by Norton and seconded by Ordinanceas read be adopted, and upon rollcalltherewere: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton x O'Donnell X Thornberry X Vanderhoef Thornberry that the First Consideration Vote for passage: Second Consideration 6/29/99 Votefor passage: AYES: NoTton, O'Donnel], Thornberry, Vanderhoef, Champion, Kubby, Lehman. NAYS: None. ABSENT: None. . Date published 7/21/99 Moved by Vanderhoef, 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 first consideration be waived and the ordinance be given second consideration at this time. AYES: Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion. NAYS: None. ABSENT: None. Ordinance No. 99-3890 Page 2 Business Zones," Section 2, entitled "Neighborhood Commercial Zone" be amended as follows: 14-6.E-2.D(2) be rescinded, and replaced with the following: ,.' 2. Up to three (3) drive-through lanes associated with a financial institution, and/or one ,.- (1) drive-through lane associated with a ,.. pharmacy, subject to the requirements of Article L /.' of this Chapter. ," Chapter 6, entitled "Zoning," Article L, entitled -;,.. "Provisional Uses, Special Exceptions, and ,., Temporary Uses," be amended to add the' / following: · .... / with financial institutions and p . the Neighborhood Commercial (CN-1) zone. ,/ 1. To the extent feasible,/tRe drive- through lanes and stacking spacey should be designed to maximize their s aration from pedestrian and vehicular circulati on the site, to , neighboring residential properti~s. TO promote safe pedestrian access and vehicul~,.'circulation on the site, the Board of Adjustroe:mr may require certain conditions, inclu~j~g, I~i~! not limited to the area devoted to the drive:through facility being minimized to I~it areas of"i~aving, and the drive- through fac, jtfty, including tl'ie stacking spaces, being Iocat~ed in conjunction with a loading zone or a side o.r' rear access drive for the store. The Board may also require that 'We facility be designed or screened to minimi'~e headlights shining onto residential properties, ~,o limit the noise associated with the facility, \Such as prohibiting the use of loud speaker sy ems, or residential properties. r~ SECTION II. REPEALER. All o d'nances',, and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. '\,\, SECTION III. SEVFRABILITY. 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 13th day of ,]ul.y ,1999. Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. ~OE ORDINANCE AMENDING THE LI ENSE RENEWAL PROVISIONS OF THE PL MBING RENEWAL DEADLINES· " WHEREAS, all plumbing and electrical licenses expire on December 31st of each year nd are required to be renewed with sixty (60) ys of this expiration date; ~nd HEREAS, a plumber or electrician who fails to new his or her license within this sixty (60) ay period must retake an examination in order t re-gain his or her lic~ense; and WHER AS, it would be in the public interest to prow e a hardship exception to this NOW, TNEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: "'.,,, SECTION I. Tille 14, Chapter 5, Article B, entitled "Plumbing Code", Section 6, entitled "Licensing Req~i, rements for Plumbers," Subsection G, entitled "License Renewals," is hereby amended by adding the following sentence to the end of paragraph 1: Notwithstanding the above, the Building Official or designBe may waive the reexamination requirement for licenses ,'~vhich are not renewed within the sixty , (60) day period if the' licensee provides evidence that the failu'~ to renew was due to medical rea§ons or other \ circumstances beyond the control of the licensee. " SECTION II. Title 14. Chapte 5, Article C, al r m adding the following sentence to the end of p&ragraph A: Notwithstanding the above, the Building Official or designee may waive the reexamination requirement for licenses which are not renewed within the sixty (60) day period if the licensee provides evidence that the failure to renew was due to medical reasons or other Ordinance No. Page 2 circumstances beyond the control of the licensee. ECTION III. REPEALER. All ordina, ni~es and p ts of ordinances in conflict witIT/the provi- sio of this Ordinance are hereby repealed. SEC ON IV. SEVERABILITY. If any section, provisi or part of the Ordinance shall be adjudge to be invalid or unconstitutional, such adjudicatio shall not affect ~the validity of the Ordinance a a whole or any section, provision or part the of not adjudged invalid or unconstitutiona SECTION V. E ECTIVE DATE. This Ordi- fedt after its final passage, / . MAYOR / ATTEST: clYY CLERK :it~yr°~fice City of Iowa City MEMORANDUM To: From: The Honorable Mayor Ernest Lehman and Members of the City Council Tim Hennes, Sr. Building Inspect~' Date: July 13, 1999 Re: Change to Agenda Item Number 9 The Board of Appeals recommended approval at its meeting last night of the ordinance amending the license renewal provisions of the Plumbing and Electrical Codes, subject to one change. The Board of Appeals believes it would be better to require those seeking a waiver of the reexamination requirement for licenses which are not renewed within sixty (60) days of their expiration to request the waiver directly from the Board of Appeals. The ordinance has been amended to reflect this change. Cc: Dennis Mitchell, Asst. City Attorney Prepared by: Eleanor M. Dilkes, City Attorney; 410 E. Washington St.; Iowa City, IA 52240; (319) 356-5030 ORDINANCE NO. 99-3891 ORDINANCE AMENDING CITY CODE TITLE 8, CHAPTER 8, ENTITLED "POLICE CITIZENS' REVIEW BOARD," SECTION 7, ENTITLED "DUTIES OF THE BOARD; COMPLAINT REVIEW AND GENERAL DUTIES", REGARDING IDENTIFICATION OF COMPLAINANT(S) AND/OR POLICE OFFICER(S) IN THE BOARD'S PUBLIC REPORT OF A SUSTAINED COMPLAINT TO THE CITY COUNCIL. WHEREAS, the ordinance establishing the Police Citizens' Review Board allows the Board to include the names of the complainant(s) and police officer(s) in the Board's public report of a sustained complaint to the City Council; and WHEREAS, it is in the public interest to provide a balancing test the Police Citizen's Review Board must use to determine whether it will identify the complainant(s) and/or police officer(s) in its public report of a sustained complaint to the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 8, Chapter 8, entitled "Police Citizens' Review Board," of the City Code be hereby amended as follows: 1. Title 8, Chapter 8, Section 7, Subparagraph B, Subsection 3 is hereby amended by deleting said subsection and substituting in lieu thereof a new Title 8, Chapter 8, Section 7, Subparagraph B, Subsection 3, as follows: At the conclusion of the Board's review, the Board shall issue a public report to the City Council concerning the complaint investigation. Such public report shall include detailed findings of fact concerning the complaint, together with a clearly articulated conclusion which explains why and the extent to which the complaint is "sustained" or "not sustained". If the complaint is "not sustained", the public report shall not include Ordinance No. 99-3891 Page 2 the names of the complainant(s) or the police officer(s). If the complaint is "sustained" the Board may include the names of the complainant(s) and/or the police officer(s) if it determines that the public interest in such disclosure outweighs the public harm and privacy interests of the complainant(s) and/or police officer(s). Said determination shall be made in writing and shall state, in detail, the - Board's reasons for such determination. The Board shall notify the person(s) whose name(s) it intends to disclose, the City Attorney and the Police Chief (or City Manager if the Police Chief is the subject of the complaint), of its intent to make such disclosure by confidential written communication sent by regular mail or hand delivery at least 10 working days prior to such disclosure. In addition, the Board's public reports shall not include any discipline or personnel matters, although the Board may comment generally as to whether the Board believes discipline is appropriate without commenting on the extent or form of the discipline. A copy of this public report to the City Council shall be given to the complainant(s), the police officer(s), the Police Chief and the City Manager. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby re- pealed. SECTION IlL 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 Ordinance shall be in effect after its final pas- sage, approval and publication, as provided by law. Ordinance No. 99-3891 Page 3 Passed and approved this 13thday of July ,19 99 lAYOR ATTEST: C~ City Attorney's Office Marym/misc/pcrb2-or Ordinance No. 99-3891 Page 4 It was moved by Norton and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef Vanderhoef that the Fimt Consideration 6/15/99 Voter or passage: AYES: Norton, Thornberry, Vande~hoef, Champion,. Kubby, Lehman, NAYS: O'Donne]l. ABSENT: None. Second Consideration 6/29/99 Voter or passage: AYES: Lehman, Norton, Thornberry, Vanderhoef, Champion, Kubby. NAYS: O'Donnell. ABSENT: None. Date published 7/21/99