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Home My WebLink About2006-01-10 Ordinance ~ ~ Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ05-00020) ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 10.41 ACRES FROM LOW DENSITY SINGLE- FAMILY RESIDENTIAL ZONE (RS-5) TO SENSITIVE AREAS OVERLAY/LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (OSAlRS-5) FOR PROPERTY LOCATED EAST OF HIGHWAY 218 AND SOUTH OF MELROSE AVENUE WHEREAS, Dav-Ed Limited has applied for a rezoning of approximately 10.41 acres of property from RS-5 to OSAlRS-5; and WHEREAS, said property is located on the south side of Melrose Avenue and east of Highway 218; and WHEREAS, the South District Plan identifies the area as appropriate for low to medium density single- family residential development; and WHEREAS, the applicant requested a waiver from the subdivision regulation of maximum street length of a cul-de-sac street, to minimize the disturbance of the sensitive areas on the property and therefore requires the rezoning to sensitive area overlay zone; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has heard public input, and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from Low Density Single-Family Residential Zone (RS-5) to Sensitive Areas Overlay/Low Density Single-Family Residential Zone (OSAlRS-5) and the associated Sensitive Areas Development Plan is hereby approved: Commencing at the Northeast Corner of the Fractional Northwest Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S890D07'30"W (A recorded bearing), along the North Line of said Fractional Northwest Quarter, 1031.10 feet, to the Northwest Corner of Galway Hills Subdivision, Part Two, in accordance with the Recorded Plat thereof; Thence SOooD30'00"E, along the West Line of said Galway Hills Subdivision, Part Two, a distance of 44.00 feet; Thence S5JOD15'00'W, along said West Line, 201.06 feet to Point of Beginning; Thence S320D47'55"E, along said West Line, 206.73 feet; Thence S210D37'22"E, along said West Line, 542.61 feet; Thence S130'D40'39"E, along said West Line, 85.91 feet; Thence S370D34'14"W, along said West Line, 70.34 feet; Thence S420D41'26"W, along said West Line, 50.00 feet; Thence Southeasterly, 112.56 feet, along said West Line on a 179.64 foot radius curve, concave Northeasteriy, whose 110.73 foot chord bears S650D15'35"E; Thence S060D47'23'W, along said West Line, 155.65 feet, to the Southwest Corner thereof, and a Point on the North Line of Galway Hills Subdivision, Part Three, in accordance with the Recorded Plat thereof; Thence S420D41 '26'W, along said North Line, 54.27 feet, to the Northwest Corner thereof, and a Point on the Easterly Right-of-Way Line of Primary Road No. 518 (218); Thence N4JOD13'15'W, along said Easterly Right-of-Way Line, 463.34 feet; Thence N410D31'43"W, along said Easterly Right-of-Way Line, 162.11 feet; Thence N430D21'50"W, along said Easterly Right-of-Way Line, 189.34 feet; Thence N300D16'13"W, along said Easterly Right-of-Way Line, 365.14 feet; Thence N250D31'06"W, along said Easterly Right-of- Way Line, 180.67 feet, to its intersection with the Southerly Right-of-Way Line, of Melrose Avenue; Thence N880D08'02"E, along said Southerly right-of-way Line, 387.90 feet; Thence N840D47'00"E, along said Southerly Right-of-Way Line, 121.65 feet, Thence N570D15'00"E, along said Southerly Right-of-Way Line, 35.44 feet, to the Point of Beginning. Said Tract of Land contains 10.41 acres, more or less, and is subject to easements and restrictions of record. 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 the final passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance and the associated Sensitive Areas Development Plan, the City Clerk is hereby authorized and directed to Ordinance No. Page 2 certify a copy of this ordinance and the Sensitive Areas Development Plan and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 ,20 . MAYOR ATTEST: CITY CLERK (Z--/7/P<;"" ppdadm/ord/REZ05-00020.doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration ] /10/06 Vote for passage: AYES: Champion, Correia, Elliott, a'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published STAFF REPORT To: Planning & Zoning Commission Prepared by: Sunil Terdalkar Item: REZ05-00020 & SUB05-00030 - Galway Hills Subdivision Part Four Date: November 17, 2005 GENERAL INFORMATION: Applicant: Dav-Ed Limited 18 Donegal Place Iowa City, IA 52245 (319) 337-4818 Contact Person: MMS Consultants, Inc. 1917 South Gilbert Street Iowa City IA 52241 Phone: (319) 351-8282 Requested Action: I Sensitive Areas Overlay (OSAlRS-5) and Subdivision Preliminary Plat I Development of a 24-lot r$sidential subdivision Purpose: Location: South of Melrose Avenue on Galway Drive , Size: Approximately 10.41 acres Existing Land Use and Zoning: RS-5 Surrounding Land Use and Zoning: North: Residential and undeveloped - OPDH-1 and ID-RS South: Highway 218, Parki - P East: Residential - RS-5 West: Highway 218 and undeveloped -ID-RS , , Low Density Single-Family Residential , Comprehensive Plan: Neighborhood Open Space District West High District October 5, 2005 File Date: 45-Day Limitation Period: November 21, 2005 SPECIAL INFORMATION: Public Utilities: Sanitary sewer and water lines are available Public Services: The City will provide Polic~ and fire protection. The City will also provide refuse and recycling collection services. Transi~ routs Westwinds, and Wests ide Loop serve this area with the nearest 2 stop located approximately half a mile to the east. ' BACKGROUND INFORMATION: The applicant, Dav-Ed Limited, is requesting approval of rezoning to the Se~sitive Areas Overlay Zone/Low Density Single-family Residential (OSNRS-5) and a preliminary dlat of Galway Hills Subdivision Part Four, a 24-lot residential development on approximately 1 d.41 acres of land. The property is located south of Melrose Avenue and east of Highway 218. Rec~ntIY, the Council approved a rezoning from Interim Development (ID-RS) zone to Low Densit Single-Family Residential (RS-5) for a portion of this property along with a 26-lot residenti I subdivision with one outlot. The applicant is now requesting approval of a revised plat design tor 24 residential lots and two outlots. The applicant is requesting approval for the revised plat dUe to the difficulty in building on some of the previously approved lots containing slopes. ANALYSIS: Zoning Analysis: The property is currently zoned as RS-5, which will allow for a Single-familY!' esidential development with a maximum density of five dwelling units per acre and mi imum lot area of 8,000 square feet. This zoning is consistent with the future land use scenar 0 of the South District Plan and is compatible with similar developments in area. In the Southwest Distract Plan, as part of the Willow Creek sub-area, this property is identified as appropriate for ~8 dwellings per acre with a landscape buffer adjacent to Highway 218. The Southwest Distract Ian further specifies the importance the of well-designed, diverse neighborhoods served with str ets, sidewalks, trails, neighborhood commercial centers, institutional uses and open spaces with ppropriate designs to suit the surrounding single-family housing. ' The applicant is requesting a waiver of the maximum cul-de-sac length reglillated by the subdivision regulations. Therefore, a sensitive areas overlay, rezoning the I~nd to OSNRS-5, is required prior to the subdivision approval. The maximum allowed cul-de-sac street length peer the Subdivision Code is 900 feet from center line of the street from which it co~mences to the center of the turnaround. The proposed street in this subdivision will be approxima~ely 990 feet in length. i The Sensitive Areas Ordinance allows for waivers of certain zoning and su~' division regulations if the waiver leads to the preservation sensitive areas. According to the appli ant, a waiver for the cul-de-sac length requirement will allow for minimization of areas with sensi ive topographical features to be disturbed by the proposed development. The property contai s sensitive areas including protected, critical and steep slopes and woodland. The applicant ,as provided a sensitive areas development plan that shows areas with protected slopes ard associated buffers, critical and steep slopes. The revised lot configuration and longer cul-de-sab street results in disturbance of 30% of the critical slopes and 64% of the steep slopes. The~e percentages are lower than previous plat design. The applicant has limited the construction ~ctivity by delineating the constriction limits. I The plat also shows the woodlands, wooded areas and other isolated trees I Outlot A and B contain most of the sensitive area and their associated buffers and are prowosed to be set aside as private open space. A portion of the woodland, on the west will be disturped as the proposed lots 8 through 15 will contain the woodlands. The code requires retaining thle existing vegetation to the maximum extent possible to maintain the stability of the un-graded are~s. In the RS-5 zone a minimum of 50% of the woodlands are to be retained. The applicant is reqLjired to designate all the woodlands that are to be protected. The plat shows that approximately p7% of the woodland will be retained. ppdadmin\stfrep\rez05-00020+Sub05-00030 galwayparttour-prelim 3 Subdivision Analysis: The applicant is also requesting approval for preliminary plat of Galway lHills Part-IV, a 24-lot single-family residential subdivision. Approval for this subdivision is contin~ent on approval of the above mentioned overlay rezoning. All of the lots exceed the minimum 80~0 square feet lot area standard and meet the minimum 60 feet lot width requirement. With the eX$eption of the length of the cul-de-sac street, the design of the subdivision is generally consistent with the subdivision regulations. The only access proposed for this property is Galway Drive, a qul-de-sac street, which will be extended from existing development on the east. With the proposed ~evelopment of the 24- lot single-family subdivision, approximately 168 trips per day would be gemerated. In staffs view this will not result in inappropriate local residential street volumes. The plat shows sidewalks of standard width on both sides of Galway Drive. I Proposed lots 10, 11, 13 and 14 contain some portion of the protected slopds and associated buffers, while lots 9-15 and 17-22 contain some portion of the critical slopesl The plat includes a construction limit line so that future property owners are aware that the prot~ted slopes and buffers and portions of the steep and critical slopes shall not be disturbed. T e legal papers for the final plat will also need to address the future preservation of these slopes. B cause most of the sensitive features will be included in the private open space or be protected y limiting the construction activity area (delineated on the plat as construction limit line), i~ staffs opinion, the plat conforms with the intent and requirements of the Sensitive Areas Ordinance. Outlot A and the woodlands provide a buffer between many of the lots and ~ighway 218!Melrose Avenue. The applicant has provided a landscape buffer easement with a mi>l:ture of trees for lots 1-9, which are directly adjacent to Highway 218, and lot 16, along Melrose Afienue. Neighborhood parkland or fees in lieu of: i The Neighborhood Open Space Plan identifies the proposed subdivision a~ part of the West High (Developing District C) Neighborhood Open Space District. At the time of d velopment of previous phases of Galway Hills Subdivision, a dedication of park land in the sout ern part of the overall subdivision was agreed upon. No further open space dedication is requir~d for this part of the development. Storm water management: This development will share the existing storm water basin on the north-east of this property in the Galway Hills Subdivision Part II. I nfrastructure fees: . Sanitary sewers tap on fees-$2,017.44 per acre and water main extension fees-$395.00 per acre apply to this subdivision. ! STAFF RECOMMENDATION: Staff recommends that this application be deferred until the deficiencies and discrepancies noted below are resolved. Upon resolution of these items staff recommends that REZ05-00020, a rezot' ing of approximately 10.41 acres from Low Density Single-family Residential (RS-5) to Sensitive reas Overlay! Low Density Single-family Residential OSNRS-5 and SUB05-00030, a prelimina plat for Galway Hills Subdivision Part IV, a 24-lot residential subdivision on approximately 10.41 ~cres of land located south of Melrose Avenue and east of Highway 218, be approved. ppdadmin\slfrep\rez05-00020+subQ5-00030 galwaypartfour-prelim 4 DEFICIENCIES AND DISCREPANCIES: 1. Title change (Preliminary Plat and Sensitive Areas Development Plan) 2. Provide appropriate associated buffers for the protected slopes 3. Technical corrections identified by the City Engineer ATTACHMENTS: 1. Location Map 2. Preliminary Plat Approved by: ~~. Robert Miklo, Senior Planner, Department of Planning and Community Development ppdadmin\stfrep\rez05-00020+subOS-oOOJO galwaypartfour-prelim I ---- I ............... . } . CITY OF IOWA CITY ~ ~ U z 0 l.4ElROSE AVE I West High School P ID-RS '---.~ --- I P .-"'-.......--- SITE LOCATION: Galway Hills, Part IV SUB05-00030/REZ05-00020 "AMENDED" PRELIMINARY PLAT & SENSITIVE AREPiS GALWAY HILLS SUBDIVISION IOWA CITY, IOWA DEVELOPMENT PLAN PART FOCR PI.ATPRRPAIlIWRY' WloISCONSULTAll'J'SINC 1917 SOUTH GILBERT 31'. IOlfAC1TY.lOWAf>2240 Olfl.lF.R/;;lJBDIVlDER' OAV-EDLJW1TED 1800N!;GALPLACE IOWACI'fY,JOWA52245 nWNF.R'~ A'M'ORNEY' PHJUJPiA.LEFF 222S0t/THUNNSTREL"T IOWA Crt'" IOWA 52240 W-+-E ~ ~II~~ ,~I~ "'"!. . -......... ,~ ~'-".. 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C,tClor. ~" . ~~T~z::...~=~':1 ul'<J" ,.st.,.,", ., '"0'" "'"'.... ~." "" ~~,. '''>T. lHCI-u[ll....IT."y.."'""..',..O/""..""~.._,.... ""'I..........""'. l<(COI<"""""""'"....,""onu. o ~::~;;e~~~~' IJ MMS CONSULTANTS, INC. ,:::'.... lowo City, 'owa (319)35' 8282 f "'-,,_.."""...."'_.. <>",","""[,,",",,<,,",0 ..""""'............................-.0<, -,~ ~'\:~aG\"~4;.n.\?5qO"'PD'IIG '~/27/2QD5 'O,OS,'5 A~ ~" Prepared by: Susan Dulek, Assl. City Attorney, 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," TO LIMIT FENCES TO THREE (3) FEET IN HEIGHT, TO REQUIRE A PEDESTRIAN WALKWAY IF A CAFE EXTENDS INTO ZONE 2 OF THE PLAZA, TO CLARIFY THE DEFINITION OF AMENITY, AND TO REQUIRE ANCHORED FENCING EXCEPT IN THE WINTER MONTHS, AND CHAPTER 5, ENTITLED "CITY PLAZA," SECTION 7, ENTITLED "USE OF CITY PLAZA," PARAGRAPH A TO CLARIFY THAT SIDEWALK CAFES ARE A PERMITTED COMMERCIAL USE IN CITY PLAZA, WHEREAS, sidewalk cafes are a use of public sidewalks and City Plaza that require a temporary easement; and WHEREAS, sidewalk cafes currently may be located in both Zones 1 and 2 in City Plaza; and WHEREAS, Zone 1 is the ten (10) foot strip directly abutting the private property lines, Zone 2 is the area not in Zones 1 or 3, and Zone 3 is the emergency/service lane that runs through the middle of City Plaza; and WHEREAS, the City Code presently requires eight (8) feet of unobstructed space adjacent to the front of sidewalk cafes in City Plaza to ensure a sufficient way for pedestrian travel; WHEREAS, the adjacency requirement creates complications for businesses in City Plaza wishing to have sidewalk cafes due to the presence of benches and other obstructions, but is unnecessary if sidewalk cafes are limited to Zone 1 unless a pedestrian walkway is provided. Zone 3 at its most narrow section still provides over twelve (12) feet of unobstructed way for pedestrian travel; WHEREAS, for reasons of public safety and to enhance design uniformity and aesthetics, the height of the fencing should be limited to three (3) feet; and WHEREAS, to facilitate snow removal, anchored fencing should not be allowed during the winter months; and WHEREAS, temporary fencing should not be allowed after the first year except in the winter months; and WHEREAS, although sidewalk cafes presently cannot use "public amenities," that term needs further defining; and WHEREAS, to aid in the processing of renewals of sidewalk cafe easement agreements, said agreements should all terminate on the same date; and WHEREAS, it is in the City's interest adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 1, entitled "Definitions," is hereby amended by deleting the definition of "sidewalk cafe" and by substituting in its place the following new definition of "sidewalk cafe: An outdoor area located temporarily on a public sidewalk contiguous with any side of a building wherein a restaurant is located and where food and beverages are taken for consumption by persons sitting or standing at tables in that area. Sidewalk cafes may be located on a platform on top of a public sidewalk if the director of public works or designee determines there is excessive slope in the sidewalk and approves the design, and if suitable access is provided for person with disabilities. Fencing shall not be more than three (3) feet in height, measured from the plane on which the chair sits to the top of the railing excluding finials. Permitted sidewalk cafes must abide by the requirements and limitations as determined by city council. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph A, entitled "Permitted Uses," is hereby amended by deleting Subparagraph 2 in its entirety and by substituting in its place the following new Subparagraph 2: Sidewalk cafes in the city plaza will be permitted only in Zone 1 and Zone 2 if in conjunction with Zone 1, as thoses zones are defined in Chapter 5 of this Title. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph B, entitled "Usable Sidewalk Cafe Area," is hereby amended by deleting it in its entirety and by substituting in its place the following new Paragraph B: 1. Except in city plaza, a sidewalk cafe area may not extend onto the sidewalk in a manner that will not allow a minimum of eight (8) feet of unobstructed sidewalk for pedestrian use on the three sides of the cafe that don't abut the building. However, adjacent sidewalk cafes may abut each other. In city plaza, there must be a minimum of eight (8) feet of unobstructed sidewalk between the three sides of the sidewalk cafe that don't abut the building and any public elevated planter. If a sidewalk cafe extends into Zone 2 there must be a straight unobstructed pedestrian walkway, which is at least 5 feet wide, through the cafe in Zone 1. Said walkway shall be included within the sidewalk cafe area and as such, shall be under the control of the establishment and subject to the annual fee. The walkway must be delineated in such a manner that the entire cafe remains contiguous to the building. In the event that an adjacent establishment seeks to locate an abutting sidewalk cafe entirely in Zone 1 such that said walkway would end at the abutting cafe, within 30 days of written notice from the City said walkway must be relocated to Zone 2. 2. A sidewalk cafe area shall not be located in street corner areas defined by building lines extended to the street and no closer than ten feet (10') from an alley. 3. a. Except during the term of the initial easement agreement and from December 1 to February 28 thereafter, and with the exception of the entrances to the walkway required when a cafe extends into Zone 2, the area for a sidewalk cafe shall be delineated by anchored fencing. During the initial easement agreement and from December 1 to February 28, said area may be delineated by ropes or some other suitable method which shall be detectible by pedestrians who are visually impaired, and in such instance, tables, chairs and other items are to be removed at the end of the day's operation, and the sidewalk cafe area shall be restored to its normal condition as a pedestrianway. No items shall be stored on the public right-of-way unless there is anchored fencing. b. Anchored fencing in a public sidewalk is subject to the approval of the director of public works, or designee. If stored outdoors, tables, chairs, and other items shall be secured within the anchored fencing at the end of each day's operation so that they are unusable and shall not block or obstruct emergency exits. The owner shall be responsible for any damages to the sidewalk caused by the placement of any anchored fencing. A deposit shall be required prior to the placement of any anchored fencing on a public sidewalk and shall be returned when the sidewalk is restored to its prior condition. The amount of the deposit shall be set by resolution of the city council. 4. A sidewalk cafe may not utilize or encompass any public amenities, including but not limited to benches, seats, tables, trash receptacles, public art, bike racks, water spigots, kiosks, posting pillars, and pergolas. A sidewalk cafe in the plaza may encompass trees, tree rings and light poles but may not interfere with the care, maintenance or operation of a tree, tree ring or light pole. Access shall be available to the City for care and maintenance of trees, tree rings and light poles at all times. Amenities, including trees, tree rings and light poles shall be considered obstructions for purposes of the requirements in Section 10-3-3-8(1) for unobstructed walkways. Titie 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph C, entitled "Days and Hours of Operation," is hereby amended by deleting Subparagraph 1 in its entirety and by substituting in its place the following new Subparagraph 1: A public right of way easement agreement shall be issued from February 1 through January 31. The initial agreement may be less than the one year, but shall expire on January 31. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph E, entitled "Sidewalk Cafe Easement Agreement," is hereby amended by: 1) deleting the last sentence of Subparagraphs 1 in its entirety and by substituting in its place the following new sentence: An annual fee for easement agreements shall be established by council resolution; and 2) deleting subparagraph 5 and substituting the following in lieu thereof: 5. The use of public right of way permitted in the approved easement agreement shall in no way interfere with access to public or city utilities located and/or operated within the city's public right of way. In addition, each applicant shall be required to provide a certificate of insurance satisfactory to the city, and shall agree to hold the city harmless against any and all liability arising from or relating to the operation of the sidewalk cafe or the location of the cafe on the public right-of-way including, but not limited to, all claims arising from occurrences or accidents within the sidewalk cafe area, including the walkway through a cafe. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 7, entitled "Use for City Plaza," Paragraph A is hereby amended by deleting it in its entirety and by substituting in its place the fOllowing new Paragraph A: Commercial Use: No commercial use of city plaza is allowed except as authorized in this Title. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABI L1TY. 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 atter its final passage, approval and publication, as provided by law. Passed and approved this _ day of ,200 . MAYOR ATTEST: CITY CLERK V;:~ City Attorney's Office I-/O_VI.. sue/ord/$-W Cafe OrdDS Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration -------------------- Vote for passage: Second Consideration 1/10/06 Vote for passage: AYES: Bailey, Champion, Correia, Elliott, 0' Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Date published Moved by Vanderhoef, seconded by Bailey, that the the rule requ1r1ng ordinances to be considered and voted on for passage at two Conncil meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the ordinance be given second consideration at this time. AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. City of Iowa City MEMORANDUM -#1 DATE: TO: FROM: RE: January 10, 2006 City Council ^ . .J Eleanor M. Dilkes, City Attorney~ Sidewalk Cafes In light of your work session discussion last night I have made the following changes to the revised sidewalk cafe ordinance under consideration: 1. If a sidewalk cafe extends into zone 2 it must have a walkway for pedestrians through the cafe in Zone 1. The walkway must be straight, at least 5 feet in width (ADA requirement) and included within the sidewalk cafe area. In the event that an adjacent establishment seeks to locate an abutting sidewalk cafe entirely within zone 1, upon 30 days notice the walkway must be relocated to Zone 2. Of course, the establishment could also choose to pull its cafe back into Zone 1. The anchored fencing that must delineate the cafe is not required at the entrances to the walkway. The walkway must be delineated in such a manner that the entire cafe remains contiguous to the building. It is difficult to be any more specific with this language and each situation will have to be examined separately. For example, Mr. Mondanaro has suggested a number of possibilities, including fencing extending out from the building and then continuing after the walkway or a trellis over the walkway. A walkway that is adjacent to the building and not delineated as a walkway through the cafe would not meet the contiguous requirement. 2. Trees and tree rings may be encompassed within a cafe on the plaza. In addition, I understand there also is a light pole encompassed by the Givanni's cafe. Given the Council's desire to allow Givanni's to extend into Zone 2, the pending ordinance has been amended to allow plaza cafes to encompass light poles as well. The ordinance now provides, however, that the cafe may not interfere with the maintenance or operation of the tree, tree ring or light pole. In addition, while Council indicated that it would want the establishment to care for the tree, staff recommends that access simply be provided at all times so that the City may maintain the trees, tree rings and light pole and the revised ordinance so states. You will need to make a change if you prefer to place the obligation to care for the tree on the establishment. Trees, tree rings and light poles will still be considered obstructions for purposes of determining whether an unobstructed walkway is provided as required in other parts of the ordinance. 3. The hold harmless provision has been revised to make it clear that the walkway is included within the area for which the establishment is responsible. As we have discussed, it is difficult to anticipate every scenario. Council may amend the ordinance if problems develop. January 10, 2006 Page 2 Cc: Steve Atkins, City Manager Dale Helling, Assistant City Manager Marian Karr, City Clerk Rick Fosse, Public Works Director Sue Dulek, Assistant City Attorney Staff Sidewalk cafe committee Eleanor/mem/councilemail.doc 4);7 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," TO LIMIT FENCES TO THREE (3) FEET IN HEIGHT, TO ALLOW SIDEWALK CAFES ONLY IN ZONE 11N CITY PLAZA, TO CLARIFY THE DEFINITION OF AMENITY, AND TO REQUIRE ANCHORED FENCING EXCEPT IN THE WINTER MONTHS, TER 5, ENTITLED "CITY PLAZA," SECTION 7, ENTITLED "USE OF CITY PLAZA," PARAG PH A TO CLARIFY THAT SIDEWALK CAF{S ARE A PERMITTED COMMERCIAL USE IN CITY P A. I WHEREAS, sidewalk cafes ar a use of public sidewalks and City Plaz that require a temporary easement; and WHEREAS, sidewalk cafes curren y may be located in both Zones 1 (j 2 in City Plaza; and WHEREAS, Zone 1 is the ten (10) oot strip directly abutting the pri te property lines, Zone 2 is the area not in Zones 1 or 3, and Zone 3 is he emergency/service lane at runs through the middle of City Plaza; and WHEREAS, the City Code presently equires eight (8) fee f unobstructed space adjacent to the front of sidewalk cafes in City Plaza to ensu e a sufficient way f pedestrian travel; WHEREAS, the adjacency requirement reates complic Ions for businesses in City Plaza wishing to have sidewalk cafes due to the presence f benches d other obstructions, but is unnecessary if sidewalk cafes are limited to Zone 1 because one 3 a s most narrow section still provides over twelve (12) feet of unobstructed way for pedestrian tra el; WHEREAS, for reasons of public safety an to nhance design uniformity and aesthetics, the height of the fencing should be limited to three (3) feet; d WHEREAS, to facilitate snow removal, a ored fencing should not be allowed during the winter months; and WHEREAS, temporary fencing should t be iowed after the first year except in the winter months; and WHEREAS, although sidewalk cafe presently c nnot use "public amenities," that term needs further defining; and WHEREAS, to aid in the pro ssing of renew s of sidewalk cafe easement agreements, said agreements should all terminate 0 the same date; and WHEREAS, it is in the City's' terest adopt these a NOW, THEREFORE, BE IT. RDAINED BY THE CI COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDME S. Title 10, entitled "Use 0 Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidew Iks," Section 1, entitled "De itions," is hereby amended by deleting the definition of "sidewalk cafe' and by substituting in its place t following new definition of "sidewalk cafe: An outdoor area 10 ted temporarily on a public side Ik contiguous with any side of a building wherein a restaurant i located and where food and bevera es are taken for consumption by persons silting or standing at t bles in that area. Sidewalk cafes may located on a platform on top of a public sidewaik if the direc r of public works or designee determines here is excessive siope in the sidewalk and approves the sign, and if suitable access is provided for p rson with disabilities. Fencing shall not be more than thr (3) feet in height, measured from the plane 0 which the chair sits to the top of the railing excluding inia/s. Permitted sidewalk cafes must abide b the requirements and limitations as determined by ty council. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph A, entitled "Permitted Uses," is hereby a nded by deleting Subparagraph 2 in its entirety and by substituting in its place the following new Sub ragraph 2: Be inning February 1, 2006, sidewalk cafes in the city plaza shall be permitted only in Zone 1, as defin in Chapter 5 of this Title. . Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph B, entitled "Usable Sidewalk Cafe Area," is hereby amended by deleting it in its entirety and by substituting in its place the following new Paragraph B: 1. Except in city plaza, a sidewalk cafe area may not extend onto the sidewalk in a manner that will not allow a minimum of eight (8) feet of unobstructed sidewalk adjacent to the street for pedestrian use. In city plaza, there must be a minimum of eight (8) feet of unobstructed sidewalk between the three sides of the sidewalk cafe that extend into Zone 1 and any public elevated pianter. However, if two sidewalk cafes abut each other in city plaza, no minimum unobstructed sidewalk is required between the abutting cafes. 2. A sidewalk cafe area shall not be located in street mer areas defined by building lines extended to the street and no closer than ten feet (10') from an y. 3. a. Except during the term of the initial ease ent agreement and from De ember 1 to February 28 thereafter, the area for a sidewalk cafe shall delineated by anchored f cing. During the initial easement agreement and from December 1 to ebruary 28, said area may, e delineated by ropes or some other suitable method which shall be det ctible by pedestrians who re visually impaired, and in such instance, tables, chairs and other items are 0 be removed at the end f the day's operation, and the sidewalk cafe area shall be restored to its norma condition as a pedestri nway. No items shall be stored on the public right-of-way unless there is anchore fencing. b. Anchored fencing in a public sidewalk is s ject to the appr. val of the director of public works, or designee. If stored outdoors, tables, chairs, nd other ite shall be secured within the anchored fencing at the end of each day's operation so t at they are nusuable and shall not block or obstruct emergency exits. The owner shall be respons ble for a damages to the sidewalk caused by the placement of any anchored fencing. A depo it sha be required prior to the placement of any anchored fencing on a public sidewalk and shall e r umed when the sidewalk is restored to its prior condition. The amount of the deposit shall be set resolution of the city council. 4. A sidewalk cafe may not utilize or encomp benches, seats, tables, trash receptacles, public rt, pergolas, trees, tree rings, and light poles. any public amenities, including but not limited to ike racks, water spigots, kiosks, posting pillars, Title 10, entitled "Use of Public Ways and Prop rty," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for S' ewalk Caf ," Paragraph C, entitled "Days and Hours of Operation," is hereby amended by deletin Subparagrap 1 in its entirety and by substituting in its place the following new Subparagraph 1: A public right of way easement a eement shall be iss ed from February 1 through January 31. The initial agreement may be less th the one year, but sh I expire on January 31. Title 10, entitled "Use of P blic Ways and Property,' Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled" se for Sidewalk Cafes," Par graph E, entitled "Sidewalk Cafe Easement Agreement," is hereby amend d by deleting the last senten of Subparagraphs 1 in its entirety and by substituting in its place the fo owing new sentence: ent agreements shall be establish d by council resolution. Title 10, entitled" e of Public Ways and Property," Ch pter 5, entitled "City Plaza," Section 7, entitled "Use for City laza," Paragraph A is hereby amend d by deleting it in its entirety and by substituting in its plac the following new Paragraph A: Commercial U : No commercial use of city plaza is allowed e cept as authorized in this Title. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are reby repealed. SECTION I. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infr tion or a simple misdemeanor. SECTIO IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid 0 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. Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bail ampion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 11/15/05 Vote for passage: AYES: 0' Donne 1, Lehman. NAYS: None. ABSENT: Non. Second Consideration Vote for passage: Date published / / / i , / i ! I i , L ef, Wilburn, Bailey, Champion, Elliott, SECTION IV. 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 MAYOR ,2005. - .~ ATTEST: CITY CLERK Approved by ~~ It,3CJ-o'\ City Attorney's Office sue/ord/S-W Cafe OrdOS / , i/' , , ; \ .f I ~ I -.... = -~... !~~w;t:~ -..:::..... _DII.' ....~ C I T Y 0 F lOW A C I T Y~ MEMORANDUM DATE: January 5, 2006 TO: Mayor and City Council Marian K. Karr, City Clerk # Sidewalk Cafes FROM: RE: City Staff has recommended changes to the current sidewalk cafe ordinance and resolution as noted in a November 9,2005 memo from the City Manager (attached). At your meetings of December 12 and 13 Council requested a map ofthe Plaza area and background information on fees. That information is attached per your request. I am also attaching information gathered by Barbara Brown last month for Cedar Falls regarding annual permit fees/square footage and pedestrian clearance requirements; and a list of current Iowa City sidewalk cafes for the 2005 licensing year. S:sidewalk cafes (3) 2005.doc I ~ j :t~II~~'t ~~_IID" --- - CITY OF IOWA CITY~ MEMORANDUM Date: November 9, 2005 From: Mayor and City Council Steve Atkins, City Manager Sidewalk Cafes To: Re: There has been considerable discussion of the Sidewalk Cafe Ordinance during the past few months. These discussions have been a result of comments received from the business community as well as city staff. On October 10th, I met with the Public Works Director, City Attorney, and City Clerk to consider the various perspectives. On November 7 we held further discussions with the staff making up the current sidewalk review committee. Our recommendations are detailed below and being presented to you on the November 15 Council agenda to enable ample notice for the next licensing year. 1. Chanqes Specific to the Plaza: . Sidewalk cafes will be limited to Zone 1 (the contiguous 10' from the building face) While the current ordinance aliows cafes in Zone 2 (the area between Zone 1 and the fire lane), with the exception of Givanni's cafe, the many city amenities in Zone 2 have limited cafes to Zone 1. . The existing requirement for an 8' adjacent walkway wili be eliminated. However, there must be at least 8' between the sidewalk cafe and any elevated planter. 2. Chanqes to all cafes: . Anchored fencing must be removed between December 1st and February 28 to facilitate snow removal. Cafes have always been able to utilize anchored fencing only between March and November. We have requested the fences be removed but there is currently no such requirement in the ordinance. Temporary fencing will stili be permitted during those periods. Anchored fencing will be limited to a maximum height of 3 feet. Quinton's is the only existing cafe with a fence that exceeds 3 feet. . The ordinance wili be clarified to define city amenities as anv above grade feature such as benches, trash receptacles, public art, bike racks, water spigots, kiosks, posting piliars, trees, tree rings, lights, and pergolas. It is noted that fewer conflicts will exist if sidewalk cafes on City Plaza are restricted to Zone 1 as outlined in # 1 above. An ordinance has been prepared to address the items identified above. 3. Resolution chanqes: Fees remain the same but a provision will be added to allow prorated fees by quarters during the first year of operation. 4. Contiquous requirement: Staff recommends no change to the requirement that cafes be contiguous with the establishment. The City Attorney has reviewed this issue, and spoken with the Assistant Attorney General who represents the Alcoholic Beverages Division. It is the City Attorney's opinion that the State Code and administrative rules require the cafe to be contiguous to the licensed establishment. While a walkway between the establishment and the cafe could theoretically be leased by the City to the establishment such an arrangement conflicts with the November 9, 2005 Page 2 State Code requirement that the licensee have exclusive control over the licensed premises and creates significant liability and public safety issues. Cc: Ass!. City Manager City Attorney City Clerk Public Works Director U:cmsc(3).doc ~JU~' z o < " s g- ... N o o \J> '# '" i!l o " 5" " Clinton Street .-ofF"!, ,,~. \Jl:..J ~"-\!bJ: . N". :.~ i;'d~ I\'~"~a=o. ~ Moen ,..~,;..ri.:.(~~'.~. \ '"~ Gro'-P:~_."~_'!~I -' . -.-/' GN~.' ( ., It:SS'.' ...'..: \. . ft::::!' < TnirdBase !~' . i, s,"""" IS$Q': ,.,"~. ( ~.~ . . 0.",,_. ~om -t>-~ II ~IWI ,",,00 :::.," :l~]~ --'-'---~:;-: "" Union ( , ~\~ ": // "; .-. -~{h~ :~../. .. 1 " ~ co "l !!: n joooI.. 4 ~ .....- ~ N ~ ~ o'~ ~ t > ~ [~ · 2 r[ t! ~ ~! i 51 ~'" ".. .~ ~./' ~ "~~ ~~ b:J "~'Em;/-:v~~ .~.t@jt:..~~~~~~ y"'" t:rn. ,.. ., B~;n r.... '" /" l"l!.lJl.Ib:-!I. ~-- ~ _ ,_ \,/ '"' [EJ (E]. ,,".'- \, =~l ~ ~ ~1 ~ i r~ ~ " [I' . 1 UDD 1 1 ll' , ;' <" I 'i' }~=.~~. .:....~.~==. ::~(. ...~t): ,~~[J ~ 'N '~ ,~ ~~ (j) :~ e.. .~ : ;"N ~ ~ fl,0L , " i . 'Tl ~ ~. ~ ca ~ o " <T 0- . <T . " c g: o' C 0- ~ -< ;<i' f i Linn Street n D~G {} o ~~i ~~ 0 0 . 0 ~DD ~ " ., " ., " ... t ~ a r a 0 to N N N ~ '\l ~ o' 9 0 g 0 "" a- n ~ p ~ If . S' r . . ~ ~ " ~ N ,.. '" -3 '" 1i' - g. S ~ C> g " . " 0 If . a p r n ..., . 3. ~ 0 ~ t ~ 0 g g. "- Iowa Sidewalk Cafes: City Annual Permit/Square Ft. Right of Way + Iowa City No Permit Charge 8 Feet $5 Per Square Foot Waterloo Permit $25 5 Feet No Per Square Foot Charge Dubuque Permit $200 4 Feet No Per Square Foot Charge Sioux City Permit $100 5 Feet No Per Square Foot Charge *Cedar Falls Permit $50 5 Feet $1.00 Per Square Foot Charge Cedar Rapids They are working on a sidewalk cafe ordinance Des Moines Roger Brown Assistant City Attorney, sent me their information it's not quite a sidewalk cafe permit. Davenport No answer to my inquiry Barbara Brown 7/11/05 *Updated 12/22/05 + Denotes required pedestrian clearance S:sidewalk cafes (1) 2005.doc ----,.._.,._-------~.-------_.._._._--_.._-,_._~--~'----~.---------------_.-.__._.._,.._.__.._--'--_._..__._---."'., - -.- ,~---_. '--'-'---'---"- SIDEWALK CAFES 2005 05-1 JAVA HOUSE $ 700.00 2111/2EWASHINGTONST. 05-2 PANCHERO'S $ 462.50 32 S. CLINTON ST. 05-3 BO-JAMES $ 420.00 118 E. WASHINGTON ST. 05-4 ATLAS WORLD GRILL $3,000.00 127 lOW A AVE. 05-5 VITO'S $ 990.00 118 E. COLLEGE ST. 05-6 I. C. BROWN BOTTLE $1,327.00 115 E. WASHINGTON ST. 05-7 TAKANAMI $2,038.00 219 IOWA AVE. 05-8 ONE TWENTY SIX $ 987.00 126 E. WASHINGTON ST. 05-9 STARBUCKS COFFEE CO. $ 745.00 228 S. CLINTON ST. 05-10 QUINTON'S BAR & DELl $ 600.00 215 E. WASHINGTON ST. 05-11 VENUTO'S WORLD BISTRO $ 420.00 115 E. COLLEGE STREET 05-12 PIT A PIT $ 720.00 113 IOWAAVENUE 05-13 mv ANN!' S $3,095.00 109 E. COLLEGE STREET 05-14 BALDY'S WRAPS $ 220.00 18 S. CLINTON STREET S:sidewalk cafes (2) 200S.doc Page 1 of 1 P"'i Steve Atkins From: Sent: To: Matt Johnson Thursday, November 17, 2005 3:47 PM Steve Atkins Cc: Sam Hargadine Subject: Sidewalk cafe memo '05.doc Attachments: image001.png ..-j/t':".a'':'t: r"~.,~~;",,,.'. r:~,:-'.-''','"' " ';','.,\,I,.~y~ .::~:;-' ,~'JJ"', e/l'- ,-\ '.. ," ,'-n) . i_ ~,. , ,::' \. -\,',. t. ~:.'''' f~-',t.~ ".~'~~'~ ~r:;-,. .1"1~"_~ ~ J.,:, ~J',:I) ~.-,'iY """....~-~_. .../>.-_~J.' ~J"PC) "c fciP , LI .. . ,,,.1 t~. - !":I: n" I t..,....h, ~',(: __~_~~,J{' MEMORANDUM "~.)r!; TO: Steve Atkins, City Manager FROM: RE: DATE: Cap!. M.C. Johnson, Field Operations Commander Proposed sidewalk cafe drawing November 17, 2005 Having reviewed the drawing of the proposed sidewalk cafe, I have identified at least three areas of concern. . If the configuration depicted in the drawing were allowed and, if an adjacent business requested a sidewalk cafe and elected to construct it in the traditional manner (immediately fronting the building), we will have effectively created a "dead zone" in front of the business which has requested a cafe as depicted in the drawing. . Transportation of prepared foods and hot beverages across a pedestrian path carries significant potential for personal injury, should a server and pedestrian collide. . The service of alcoholic beverages is occurring across an unregulated, unlicensed, public area of the pedestrian plaza 11/17/2005 .._-_.~---~-~~._--~---~--_.._-~ - -_....._--_._._---~-----_._,.-."-~.._----_._"_._---~----.---..---....-....---.... 9 -------- 't C) I 't b I 't II) lU () 0 4: I fh 't () I 9 01 ;i! I'f\ ::;, 't Ql UJ () -&) I 't -~ .-- ~'/; I HI""'" ",,// I () r / / <0 I "END FOST -------- FROM Jim Mondanaro ~ ~ ---- ~ ~ ----- GOLLE6E ST. IO'_3U r LOC^lE' }d PER CITl" PI..AZA..tlt15 PROVIDED Nc 6'(KAY'REl..AH -- -- . IC1'-411 5 EO(J6L SPACES III 31-10" 31-1011 3!- '-1011 3'-1011 III l'LAAT!R TREE . 6RATE AREA 464.00 SF ~ ..r MAX. PEOPlE () r <0 10'1 E. GOLLE6E ST. <( f- \f) ('oJ If) ~ eN ~6 o !: uJ,_ \J..j --1 ,- I ..:s U~ ~ ;>-0 U- ~ 1;;::4: NEUMANN ~NS9B ARCHIT~CTS- o ;D. ~ ~ -------- Addendum liTe No: Supplemental Drawing No. - A 'l .;"f, s 10N AI C0' pc' A" Cl'." GIVANNI'S SIDEWALK CAFE Sheet No: III f. COII'G, ,[ ON:'" con 'A 5nJO Project No.: 05.071 A-2 Date: 11.14.05' ~~~~-~-~-----'---'-~--~--~