HomeMy WebLinkAbout2001-11-13 Ordinance FILED
City of Iowa City
410E. Washington 2801 !!0V -7 1O: 08
Iowa City IA 52240
November 7, 2001 Ct'l Y
Buss Rezoning Pal!Z01-00013 10W/X, CF['¥ IOWA
Honorable Mayor and Councilors:
Residents forget that Councilors are people, like themselves, with full time jobs who spend countless hours of thek free time
on city issues instead of relaxing with family and friends. We don't always understand what Councilors do, or the rules and
laws that govern their work, but we all count on each of you to make fair decisions based on city laws, staff advice and your
own good sense. Good decisions result ~'om good data. Unfortunately it is impossible for staff to know everything about
every parcel and some of the very rules that guide them lack definition.
For instance, the concept of units per acre is the basis of zoning ordinances, but not all Iowa City units are equal because
the unit size is undefined. The Buss rezoning is a great example. The single unit on this properly is 3808 s.f, while most
single family units in the nearby area on Miller Avenue and range from 600 -800 s.f. Ira unit were defined as 600 .s..[
living space, the Buss unit equals over 6 normal units. Is one huge single family home on a site better than 6 smaller ones?
Without a definition of a unit, 8 homes of 3808 s.f. built on an acre of this site are considered 8 units~ However, ifa unit is
defined as 600 s.f, those 8 large homes would equal to 50 units per acre and if each acre were developed at this density, the
result would equal a density of 150 units. Defining a unit as 1200 s.f, would permit 25 units per acre or more than the
current RM-20 zoning. Failing to define a unit's size results in super sized homes for the wealthy and promotes sprawl.
Certainly not the objective of zoning commissioners or city officials.
It is very exciting to have a property owner petition to have his property down zoned, but unexpected girls should be viewed
with caution. Consider housing affordability. In Iowa City $15 an hour is a good wage. A worker earning $15 per hour
makes $600 a week or $31,200 annually. Two average workers only average $61,400 a year, This means the market for the
Buss home is limited. A 30 year mortgage at 6% with 20% down not including insurance or taxes would require a $1,403
monthly payment if sold at the $292,000 assessed value. If sold at the owner's $425,000 asking price, the payments would be
$2,044. Therefore, the city and neighbors must realize that regardless of the historical status or single family RS-8 zoning
this home is likely to become a rooming house with the attendant traffic and nuisance problems. So the RS-8 zoning in
this case will never act as a buffer between the neighboring single family residence and RM-20. The outward appearance of
this home may never change, but its character will change dramatically from a quiet single family residence to a party house
which negatively impacts the surrounding area.
Late this summer Chuck Meardon, our attorney received an analysis of the adjoining property by a nationally known KS
landscape design planner. This prompted Chuck to engage experts in engineering, and road building to address fears and
concems of neighbors by drawing a concept plan based on that analysis of the site facts such as zoning, access, topography,
and city ordinances. This conceptual plan is being discussed with the neighbors and officials and may in some form become
part of the SW district plan and the basis for filing a petition requesting rezoning appropriate for the entire site~
If it is right to down zone the Buss parcel, that can be done as part of the SW District Planning process after officials
and all stakeholders have had an opportunity to study this parcel, and are informed about the many unique
circumstances that apply to the~e properties. Please vote to defer the Buss rezoning until the SW District plan is
complete, to return the issue to the commission to consider a split re'zoning of the Buss parcel or just vote no on this
issue.
Mary Hitchcock ,
262-785-1861
We the undersigned Benton Miller Neighborhood residents respectfully request the City of Iowa City Council to vote no on
the rezoning of 3.07 acres at 747 West Benton Street..
Name Address Date
ORDINANCE NO.
J~ AN ORDINANCE AMENDING TITLE 6 OF THE CITY CODE BY REPEALING CHAPTER 7,
ENTITLED "SMOKING IN PUBLIC PLACES" AND ENACTING A NEW HAPTER 7,
ENTITLED "SMOKING IN FOOD ESTABLISHMENTS"
WHE~*~moking areas" may be designated, pursuant to Subsection 1421 Code of Iowa, by
persons having ct.~,tody or control of public places except in places where is prohibited by
ordinance; and ,,
WHEREAS, there'~xists a significant body of scientific research demon I that smoking and the
effects of second hand\'~moke pose significant health hazards to are in the presence of
smokers; and\
yns o, ,owa city.na:ion e, smoking areas be
pro t i
NOW, THEREFORE, BE }xT ORDAINED BY THE CITY COL 31L OF THE CITY OF IOWA CITY,
CTION I. AMENDMENT. [e 6 of the City "Public Health and Safety" is amended
by repealing Chapter 7 of Title 6, ntitled "Smoking in Pu Places", and adding a new Chapter 7,
enti .... lishm~s", as follows:
The purpose of this Chapter is to the publi, comfort and environment by prohibiting
smoking in food establishments which defined by Iowa Code Section 142B 1 (3), and
to prevent the designation in such food any smoking area in accordance with Section
142B.2(2) of the Code of Iowa.
Section 6-7-2: PUBLIC PLACES WHERE ~KING IS PROHIBITED:
Smoking, as defined by Subsection 142B.1 of Iowa, is prohibited in any establishment that is a
"public place", as defined by Subsection 142B. of Iowa, where food is prepared or served for
consumption on the premises of the establishn
Section 6-7-3: DESIGNATION ING AREAS PROHIBITED:
The person having custody and contrc any es~ ishment that is a "public place" as defined by
Subsection 14281(3) Code of Iowa where/food erved for consumption on the premises of
the establishment shall not designate any part or that establishment as a smoking area
pursuant to Section 142B.2(2) of the Cod~ of Iowa.
Section 6-7-4: RESPONSIBILITIES OF
The person having custody or control of a public place wh is prohibited hereunder shall
make reasonable efforts to prevent Smoking in the appropriate signs indicating
that smoking is not allowed in the establishment.
Section 6-7-6: EXCEPTION:
The provisions of Section 6-7;2, 6-7-3 and 6-7-4 shall not apply to ;hments with sales of
alcoholic beverages which exceed 35% of gross receipts, as showr records made in the regular
course of that establishment's business. To be excepted, an establishmen st file with the City Clerk an
affidavit of the person in cu~tbdy and control of the establishment ilishment has monthly
sales of alcoholic beverages, as defined by Section 123.3(4) of the Code of I for consumption on the
premises of that establishment that, on average over a calendar year, amou~ more than 35% of the
average monthly gross revenue of the establishment, as shown by records mad regular course of
that establishment's business. The affidavit shall state the actual percentage of s h records
shall be made available to the City Clerk for inspection and review upon request. I h records are not
made available for inspection and review, or if such inspection and review do not s~ ~ the exception,
smoking in and desigr}etion of part or portions of that food establishment as a shall not be
permitted. The form Qf affidavit for filing such an exception shall be available at the officeCity Clerk.
Section 6-7-6: PENALTY:
A. Smoking in viol 'tion of section 6-7-2 shall be a municipal infraction punishable b~
B. ,o,i be considereda municipa, infrac,ienas
o n e ',.
SECTION II. RF~PEALER All ordinances and parts of ordinances in conflict with the provisions Of this
Ordinance are hereby repealed.
'~ECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be inv~,i,d or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any sect~'~,, provision or part thereof not adjudicated invalid or unconstitutional.
SECTI'i:)N IV. EFFECTIVE DATE. This Ordinance shall take effect after i ~1 passage, approval
p Of ,20
MAYOR '
ATTEST: '\~,
CITY CLERK '\
City Attorney's Office ..... /" \,
.:-.,
Smoking Ord. 11-5-01 doc.
11/~7/01 WED 14:59 FAX 515 243 2149 AHLERS LAW FIRM
Washington Street to the inte: ~cction of said centerline
fight-of-way line of Clinton ~ treet extended; thence northerly
'\- westerly right-of-way line of Clinton Street to the intersection c
\' of-way line and the northerly ~ight-of-way
'~l~nce easterly along the no~erly right-of-way line to the
· ~ersection of said dght-of-~y line and the eo~ u r line of
Gi err Street; thence southeri?j along the easterly line of
Gilb Street to the intersection of said right-ot southerly
right- -way line ofPmntiss ~reet extended; th ~ along the
· - - ' ~: tiss SWeet to said
northerly along the easterly right-of-way Street to the
intersection oflhe said right-c+f-way line ~ ' known as
Ralston Creek;' Ralston Creek to the intersection
ofR. alston Creek~d the wast~erly ~ of Maiden Lane;
line of Maiden Lane to the
intersection t the southerly right-of-way line of
Court SWeet; thence said line to the point of beginning.
(c) Area shall mean that portion of the
City of Iowa City, Iowa ~ct Area
and the 2001 Additional'
Section 2: The taxes ~ in the Amended Urban
Ren~ral Project Area, 1 hereof, by and for the benefit of the
State of Iowa Iowa City Community School
District, and al distdctsifi:om ~ffective date of this Ordinance
shall be divided this!!
:.~
Section 3: the Original!Project Area, at portion of the taxes wMch would
be produced by th ~t which the hx is levied eac ear by or for each of the taxing
districts taxing p. in the Original Project Area up n the total sum of the assessed
value of the t b erty in the Original Project Are shown by the assessment roll
as ofthe first ale year precedin~ the calendar ycar in hich the City eerti~es to the
~ ~n ofi~' ' '
~ . roll as oti muary 1, 1968i being the assessment re last equalized prior to
or I district into which ~!1 other property taxes are paid. The taxes so
determined shall be referred herein ~.' the "base period taxes" for such area.
I!
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