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Home My WebLink About2011-01-10 Ordinance~ ~~ Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ10-00015) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 49.3-ACRES OF LAND LOCATED AT FIRST AVENUE AND MUSCATINE AVENUE AND AMENDING SECTION 14-3C OF THE ZONING CODE TO ESTABLISH THE TOWNCREST DESIGN REVIEW OVERLAY DISTRICT. (REZ10-00015) WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of property located near the intersection of Muscatine Avenue and First Avenue to establish a Design Review Overlay District; and WHEREAS, the existing zoning in this location is comprised of Community Commercial (CC-2), Commercial Office (CO-1 ), Medium Density Multi-Family (RM-20), and Low Density Single Family (RS-5); and WHEREAS, the purpose of the Design Review Overlay District is to support a unifying theme for an area in order to spur economic development by providing careful review of new construction and alterations of existing structures; and WHEREAS, the City hired RDG Planning and Design to develop a design plan for the area based on public input gathered at public meetings with City Staff, area property owners, and area residents; WHEREAS, RDG Planning and Design developed the Towncrest Urban Renewal Area Design Plan Manual to establish a cohesive vision for the Towncrest Area; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed Design Plan Manual and the Design Review Overlay District and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby designated as the Towncrest Design Review Overlay District: LEGAL DESCRIPTION Lots 1-4, Block 5; Block 6; Lots 1-4, Block 7; the N 100' of Lot 1 & the E 22' of the N 100' of Lot 2, Block 14; and the S 75' of Lot 8 & the E 10' of the S 75' of Lot 7, Block 15, and to the centerline of all adjacent rights-of-way, East Iowa City Subdivision, Iowa City, Iowa, according to the plat thereof; and Lots 5-19, Block 1; Lots 8-10, Block 2; and Lots 7-9, Block 3, and to the center line of all adjacent rights- of-way, Towncrest Addition, Iowa City, Iowa as shown on the plat thereof recorded at Book 4, Page 323 of the Johnson County Recorder; and Commencing at the northwest corner of Lot 12, Block 1, Towncrest Addition, then north 200', then east 107.5', then south 200', then west 107.5', and to the centerline of the adjacent rights-of-way; and Blocks 1 & 2, and Lots 1 & 2, Block 3, and to the centerline of all adjacent rights-or-way, Towncrest Addition Part Two Revised, Iowa City, Iowa, as shown on the plat thereof recorded at Book 6, Page 6 of the Johnson County Recorder; and Commencing at the NE corner of Lot 1, Block 1, Towncrest Addition Part Two Revised, thence E 160', thence S 148', thence W 160', thence N 148', and to the centerline of the adjacent Muscatine Avenue right-of-way; and The real estate north of and adjacent to Muscatine Avenue between First Avenue and Waters First Addition, excluding the Memory Gardens Cemetery. This area contains approximately 49.3 acres. Ordinance No. Page 2 SECTION II. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amending Subsection 14-3C-2A, by adding a paragraph 9, as follows: 9. Towncrest Design Review District Any exterior alterations to, additions to, or new construction of buildings and structures, or alterations or additions to site development, such as parking areas, landscaping, screening, signage, lighting, and access on property within the boundaries of the Towncrest Design Review District, as illustrated on the map below, are subject to Design Review. However, on property zoned Single Family Residential, new construction, alterations, or additions to Single Family Uses, including alterations or additions to site development associated with said uses, are exempt from Design Review. a. Towncrest Design Review District Map B. Amending Section 14-3C-3, by deleting the introductory paragraph and substituting in lieu thereof: 14-3C-3 Design Review Prior to issuance of a sign permit for an exterior sign that is subject to the design review process or of a building permit to alter the exterior of an existing structure subject to the design review process or to construct a new building that is subject to the design review process, said application. shall be submitted for design review. Upon application for any building permit, sign permit or site plan approval for any property within a design review ~~" ~ Towncrest urban renewal project and Design Review Overlay (ODR) zone area ~' "~ Ordinance No. Page 3 district, said application shall be submitted for design review. The applicable level of design review is listed below. C. Amending Subparagraph 14-3C-3A-1 a, byadding asub-subparagraph (9) as follows: (9) Towncrest Design Review District D. Amending Subsection 14-3C-3B, by adding a paragraph 8, as follows: 8. Towncrest Design Review District Design Review according to the applicable design provisions within the Towncrest Urban Renewal Area Design Plan Manual and according to the applicable standards listed in Subsection C, below. For purposes of Design Review, Towncrest Drive shall be considered a street, with buildings, parking areas, pedestrian amenities, landscape screening, and other streetscape elements designed and located to appropriately address Towncrest Drive as a street frontage as illustrated in the Towncrest Urban Renewal Area Design Plan Manual. E. Amending Paragraph 14-3C-3C-6, by adding a subparagraph c., as follows: c. Along sidewalks and pedestrianways, canopies and awnings should project a sufficient distance from the building wall to be functional, i.e. to provide shade and weather protection for pedestrians and to prevent reflective glare on storefront windows that may block views into the storefront or display window. SECTION III. 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 bylaw. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided bylaw. 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 bylaw. MAYOR ATTEST: CITY CLERK Approved by ,/' /~ l:~ : ~ (>4?~i'I LV?`i; ~~ FAY/~ ~~~ ~/ r, , i. - C1i~y Attorney's Office 1/ . ~ % ~~ ~ i~~ Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 1 / 10 / 2011 Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Bailey. NAYS: None. ABSENT: Wright. Second Consideration _ Vote for passage: Date published ~~ . r.~ _® Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5211 (REZ10-00015) ~ z :J w " ~ .. ORDINANCE NO. ~' . ~' - ORDINANCE REZONING APPROXIMATELY 49.3-ACRES OF LAND LOCATED AT FIRST A~NUE~ AND MUSCATINE AVENUE AND AMENDING SECTION 14-3C OF THE ZONING CODE TO ESTa$LISHo THE TOWNCREST DESIGN REVIEW OVERLAY DISTRICT. (REZ10-00015) ~ l WHEREAS, the applicant, the City of Iowa City, has requ intersection of Muscatine Avenue and First Avenue to establish WHEREAS, the existing zoning in this location is coy Commercial Office (CO-1 ), Medium Density Multi-Family (~ and % WHEREAS, the put ose of the Design Review O~ in order to spur economi development by providing existing structures; and WHEREAS, the City hired G Planning and D~ public input gathered at public mee ' s with City Staff WHEREAS, RDG Planning and esign devel Manual to establish a cohesive vision for e Town e: WHEREAS, the Planning and Zoning m' sio and the Design Review Overlay District and ha ecorr NOW, THEREFORE, BE IT ORDAINED BY HE C SECTION I APPROVAL. Property de ribed t District: ~ted a rezoning of property located near the Design Review Overlay District; and iprised of Community Commercial (CC-2), -20), and Low Density Single Family (RS-5); District is to support a unifying theme for an area ~I review of new construction and alterations of ~ign to develop a design plan for the area based on area property owners, and area residents; :d the Towncrest Urban Renewal Area Design Plan Area; and i has the reviewed the proposed Design Plan Manual tended approval. COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~ is hereby designated as a Design Review Overlay Lots 1-4, Block 5; Block 6; Lots 4, Block 7; the N 100' of Lot ~ & the E 22' of the N 100' of Lot 2, Block 14; and the S 75' of Lot 8 & th E 10' of the S 75' of Lot 7, Bloc`k\~4,5, and to the centerline of all adjacent rights-of-way, East Iowa City bdivision, Iowa City, Iowa, according''t~ the plat thereof; and Lots 5-19, Block 1; Lots 8- 0, Block 2; and Lots 7-9, Block 3, and to thecenter line of all adjacent rights- of-way, Towncrest Additi ,Iowa City, Iowa as shown on the plat thereof recorded at Book 4, Page 323 of the Johnson County Re rder; and `~ Commencing at the r,>'orthwest corner of Lot 12, Block 1, Towncrest Addition, `then north 200', then east 107.5', then south 2 ,then west 107.5', and to the centerline of the adjacent rig~ht~s-of-way; and Blocks 1 & 2, an Lots 1 & 2, Block 3, and to the centerline of all adjacent rights-or-way, Towncrest Addition Part Tw Revised, Iowa City, Iowa, as shown on the plat thereof recorded at Book 6, Page 6 of the Johnson Co, my Recorder; and Commencing at the NE corner of Lot 1, Block 1, Towncrest Addition Part Two Revised, thence E 160', thence S 148', thence W 160', thence N 148', and to the centerline of the adjacent Muscatine Avenue right-of-way; and The real estate north of and adjacent to Muscatine Avenue between First Avenue and Waters First Addition, excluding the Memory Gardens Cemetery. This area contains approximately 49.3 acres. Ordinance No. Page 2 SECTION II. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amending Subsection 14-3C-2A, by adding a paragraph 9, as follows: 9. Towncrest Design Review District Any exterior alterations to, additions to, or new construction of buildings and structures or alterations or additions to site development, such as parking areas, landscaping, screening, signage, lighting, and access on property within the boundaries of the Towncrest Design Review District, as illustrated on the map below, are subject to Design Review. However, on property zoned Single Family Residential, new construction, alterations, or additions to Single Family Uses, including alterations or additions to site development associated with said uses, are exempt from Design Review. ra m Z O t „.. W _ _, ... G "C _ ~ ~ .. area B. Amending Section 14-3C-3, by deleting the introductory paragraph.. and substituting in lieu thereof: 14-3C-3 Design Review Prior to issuance of a sign permit for an exterior sign that is subject to the design review process or of a building permit to alter the exterior of an existing structure subject to the design review process or to construct a new building that is subject to the design review process, said application shall be submitted for design review. Upon application for any building permit, sign permit or site plan approval for any property within a design review a. Towncrest Design Review District Map Ordinance No. Page 3 district, said application shall be submitted for design review. The applicable level of design review is listed below. C. Amending Subparagraph 14-3C-3A-1 a, by adding asub-subparagraph (9) as follows: (9) Towncrest Design Review District D. Amending Subsection 14-3C-36, by adding a paragraph 8, as follows: 8. Towncrest Design Review District Design Review according to the applicable design provisions within the Towncrest Design Plan Manual adopted pursuant to the Towncrest Urban Renewal Area and according to the applicable standards listed in Subsection C, below. For purposes of Design Review, Towncrest Drive shall be considered a street, with buildings, parking areas, pedestrian amenities, landscape screening, and other streetscape elements designed and located to appropriate address Towncrest Drive as a street flrontage as illustrated in the Towncrest Design Plan anual. E. Amending Paragr h 14-3C-3C-6, by adding a subpar graph c., as follows: c. Along sidewalks nd pedestrianways, canopies a d awnings should project a sufficient distance from the uilding wall to be functional, ~ e. to provide shade and weather protection for pede rians and to prevent refle ive glare on storefront windows that may block views into the orefront or display win w. SECTION III. ZONING MAP. The uilding Inspecto is hereby authorized and directed to change the zoning map of the City of Iowa City, low to conform this amendment upon the final passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AND R COR G. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed t ce ~ a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson Coun owa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances d parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any se tion, ovision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudicatio shall nod affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjud ed invalid o unconstitutional. SECTION VII. EFFECTIVE DATE. is Ordinance`~hall be in effect after its final passage, approval and publication, as provided by law. '~, MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office '~ ra 0 z O t t.~ C ch: ~ "~ _ -- _ w _~. - o- 11 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 3, ENTITLED "OUTDOOR SERVICE AREAS; SEASONAL, FIVE DAY OR FOURTEEN DAY LICENSES AND PERMITS," TO ALLOW OUTDOOR SERVICE AREAS WITHIN 100 FEET OF A RESIDENTIAL ZONE IN C62, CBS, AND CB10 ZONES. WHEREAS, the City Code allows sidewalk cafes to be located in CB2, C65, and C610 zones ("downtown zones") regardless of their proximity to residential zones; WHEREAS, the City Code prohibits outdoor services areas in the downtown zones unless they are 100 feet from a residential zone; WHEREAS, the locations of outdoor service areas in the downtown zones should be treated similarly to sidewalk cafes; and WHEREAS, it is in the best interest of the City to adopt an amendment to eliminate the 100 foot separation requirement for outdoor service areas in the downtown zones. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 4, entitled "Alcoholic Beverages," Chapter 3, entitled "Outdoor Service Areas; Seasonal, Five Day or Fourteen Day Licenses and Permits," Section 1, entitled "Outdoor Service Areas," Subsection C1d is hereby amended by deleting the first sentence in its entirety and substituting in lieu thereof the following new sentence: An outdoor service area shall be permitted in any C (commercial) zone, as provided by title 14 of this code, provided an outdoor service area shall not be permitted if any part thereof lies within one hundred feet (100') of an R (residential) zone except in C62, CB5, and CB10 zones. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2010. MAYOR ATTEST: CITY CLERK Approv .d by ~~~ ~ ~- ll City Attorney's Office Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright that the Ordinance First Consideration 1/10/2011 Vote for passage: AYES: Mims, Wilburn, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: Wright. Second Consideration Vote for passage: Date published