HomeMy WebLinkAbout2011-09-06 Ordinance5a
Prepared by: Nick Benson, Planning Intern, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 (REZ11- 00005)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATLEY 10 ACRES OF PROPERTY LOCATED AT 350
DUBLIN DRIVE FROM PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE
FAMILY (OPD -8) ZONE TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY MULTI - FAMILY
(OPD /RM -12) ZONE. (REZ11- 00005)
WHEREAS, Melrose Retirement Community LLC is the legal title holder of property located at
350 Dublin Drive, Iowa City, Iowa; and
WHEREAS, Melrose Retirement Community LLC has requested a rezoning of this property from
Planned Development Overlay Medium Density Single Family (OPD -8) zone to Planned Development
Overlay Low Density Multi - Family (OPD /RM -12) zone; and
WHEREAS, the Comprehensive Plan indicates that the property is appropriate for multi - family
development; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and the
Planned Development Overlay Plan and determined that it complies with the Comprehensive Plan and is
compatible with the surrounding neighborhood; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of OPD -8 to OPD /RM -12:
LOT 117, GALWAY HILLS SUBDIVISION — PART FIVE, IOWA CITY, IOWA, IN ACCORDANCE
WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 40, AT PAGE 282, IN THE RECORDS
OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 10 ACRES, AND SUBJECT
TO THE EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION ll. ZONING MAP. The building official 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 the ordinance as approved by law.
SECTION III. 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 record
the same in the Office of the County Recorder, Johnson County, Iowa, at Melrose Retirement Community's
expense, upon the final passage, approval and publication of this ordinance, as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. 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 VI. 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 2011.
MAYOR
ATTEST:
CITY CLERK
Appr9ved by
,,
`^ �Lcz�LGriz�a� tae
^ ity Attorney's Office
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 9/6/2011
Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey.
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Prepared by: Nick Benson, Planning Intern, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 (REZ11- 00005)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 10 ACRES OF PROPERTY LOCATED AT 350
DUBLIN DRIVE FROM PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE
FAMILY (OPD -8) ZONE TO PLANNED DEVELOPMENT OVERLAY L W DENSITY MULTI - FAMILY
(OPD /RM -12) ZONE. (REZ11- 00005)
EREAS, Melrose Retirement Community LLC is the lega title holder of property located at
350 Dublin ive, Iowa City, Iowa; and
WHEREA Melrose Retirement Community LLC has reque ed a rezoning of this property from
Planned Develo ment Overlay Medium Density Single Family PD -8) zone to Planned Development
Overlay Low Dens Multi - Family (OPD /RM -12) zone; and
WHEREAS, th Comprehensive Plan indicates that a property is appropriate for multi - family
development; and
WHEREAS, the Pla ing and Zoning Commission s the reviewed the proposed rezoning and the
Planned Development Ov lay Plan and determined t t it complies with the Comprehensive Plan and is
compatible with the surroun g neighborhood; and
NOW, THEREFORE, E IT ORDAINED B THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Pr erty descri d below is hereby reclassified from its current zoning
designation of OPD -8 to OPD /RM -1 .
LOT 117, GALWAY HILLS SUBDI ON — PART FIVE, IOWA CITY, IOWA, IN ACCORDANCE
WITH THE PLAT THEREOF RECD ED IN PLAT BOOK 40, AT PAGE 282, IN THE RECORDS
OF THE JOHNSON COUNTY R OR ER'S OFFICE, CONTAINING 10 ACRES, AND SUBJECT
TO THE EASEMENTS AND RE RICTI S OF RECORD.
SECTION II. ZONING M/aapprovec he building offi *al is hereby authorized and directed to change the zoning
map of the City of Iowa Cita, to conform t this amendment upon the final passage, approval and
publication of the ordinance by law.
SECTION III. FICATION AND ECORDING. Upon passage and approval of the
Ordinance, the City Clerkh hereby authorized and dir cted to certify a copy of this ordinance, and record
the same in the Office of he County Recorder, Johnson ounty, Iowa, at Melrose Retirement Community's
expense, upon the fins assage, approval and publication f this ordinance, as provided by law.
SECTION IV. R EALER. All ordinances and parts of \in n conflict with the provisions of this
Ordinance are here repealed.
SECTION V. VERABILITY. If any section, provision Ordinance shall be adjudged to be
invalid or uncon tutional, such adjudication shall not affect of the Ordinance as a whole or any
section, provisi or part thereof not adjudged invalid or unc
SECTIO I. EFFECTIVE DATE. This Ordinance shct after its final passage, approval
and publica n, as provid ed by law. Passe and approved this day of
MAY
o
TEST:
CITY CLERK
`�
'—•
Approved by
City Attorney's Office
�'�
Prepared by: Nick Benson, Planning Intern, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 (REZ11- 00005)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATLEY 10 ACRES OF PROPERTY LOCATED AT 350
DUBLIN DRIVE FROM PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE
FAMILY (OPD -8) ZONE TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY, MULTI - FAMILY
(OPD /RM -12) ZONE. (REZ11- 00005)
WHEREAS, Melrose Retirement Community LLC is the legal title holder of roperty located at
350 Dublin Drive, Iowa City, Iowa; and
WHEREAS, Melrose Roirement Community LLC has requested a rezoning of this property from
Planned Development Overla Medium Density Single Family (OPD -8) zone t� Planned Development
Overlay Low Density Multi -Fa mi (OPD /RM -12) zone; and
WHEREAS, the Comprehe ive Plan indicates that the property is �propriate for multi - family
development; and '
WHEREAS, the Planning and ning Commission has the reviewed t proposed rezoning and the
Planned Development Overlay Plan a determined that it complies with � e Comprehensive Plan and is
compatible with the surrounding neighbo ood; and /
NOW, THEREFORE, BE IT ORD INED BY THE CITY COUNCifL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Property desc bed below is hereby /reclassified from its current zoning
designation of OPD -8 to OPD /RM -12: f'
LOT 117, GALWAY HILLS SUBDIVISION — RT FIVE, 1 A CITY, IOWA, IN ACCORDANCE
WITH THE PLAT THEREOF RECORDED IN P T BOO 40, AT PAGE 282, IN THE RECORDS
OF THE JOHNSON COUNTY RECORDER'S OF ICE, ONTAINING 10 ACRES, AND SUBJECT
TO THE EASEMENTS AND RESTRICTIONS OF C RD.
SECTION 11. ZONING MAP. The building official is r y authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to t i am dment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CERTIFICATION AN RECORD G. Upon passage and approval of the
Ordinance, the City Clerk is hereby authorized nd directed to rtify a copy of this ordinance, and record
the same in the Office of the County Record ,Johnson County, I wa, at Melrose Retirement Community's
expense, upon the final passage, approval a d publication of this or inance, as provided by law.
SECTION IV. REPEALER. All ordina es and parts of ordinanc s in conflict with the provisions of this
Ordinance are hereby repealed. �\
SECTION V. SEVERABILITY. If a section, provision or part of th�.Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudfcation shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof no adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect'�fter its final passage, approval
and publication, as provided by I w.
Passed and approved this day of
2011.
MAYOR
u
ATTEST:
CITY CLERK
Approved by
M
r
City Attorney's Office
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STAFF REPORT
To: Planning & Zoning Commission Prepared by: Nick Benson, Planning Intern
Item: REZ11 -00005 Melrose Retirement Date: July 21, 2011
Community
GENERAL INFORMATION:
Applicant: Melrose Retirement Community, LLC
c/o Newbury Development Company
3408 Woodland Ave, Ste 504
West Des Moines, IA 50266
Contact Person: Frank Levy
Phone: (515)490 -9001
Requested Action: Rezoning from OPD8 to OPD /RM -12
Purpose: Allow for the addition of 9 assisted living units to the
site
Location: 350 Dublin Drive
Size: 10.0 Acres
Existing Land Use and Zoning: Planned Development Overlay Medium Density
Single Family Residential (OPD8)
Retirement Community — 22 assisted living units and
58 independent living units.
Surrounding Land Use and Zoning: North: University of Iowa, Undeveloped, P2
South: Religious Institution, RS -5
East: West High School, P1
West: Single Family Residential, RS -5
Comprehensive Plan: Southwest District Plan: Low Density Multi - Family
Residential
Neighborhood Open Space District: SW -6 West High
File Date: June 30, 2011
45 Day Limitation Period: August 14, 2011
SPECIAL INFORMATION:
Public Utilities: This area is currently served by public utilities
Public Services: The City will provide Police and Fire protection.
Refuse and recycling collection services are
provided privately. The Melrose Express transit
route serves the property with a stop at Melrose
Avenue & Dublin Drive.
2
BACKGROUND INFORMATION:
The applicant, Newbury Development Company, has requested the rezoning of 10 acres from
Planned Development Overlay Medium Density Single Family Residential (OPD8) to Planned
Development Overlay Low Density Multi - Family Residential (OPD /RM -12) to allow for an addition
of 9 assisted living units to the 80 -unit Melrose Retirement Community (22 assisted living units
and 58 independent living units). The subject property is located on the south side of Melrose
Avenue, west of West High School and east of Dublin Drive.
The subject property was rezoned in October of 1998 from Low Density Single Family (RS -5) to
Planned Development Overlay Medium Density Single Family Residential (OPD8) to allow for the
development of the Melrose Retirement Community. The current assisted living unit wing is fully
occupied with a waiting list of interested residents; thus the applicant wishes to add additional
units on the southeast portion of the wing to increase capacity.
The applicant has indicated that they have used the "Good Neighbor Policy" and have had
discussions with neighborhood representatives. The applicant has not received negative
feedback from neighbors, and has received one e-mail and one phone call of support.
ANALYSIS:
Zoning and Comprehensive Plan:
The existing OPD8 zoning allows for up to 8 units per acre for a total of 80 units. This is the
current density of the property. The applicant would like to add 9 additional assisted living units to
the southeast portion of the site. In order to add any additional units, the property must be
rezoned to allow for greater density. The maximum density for the proposed Planned
Development Overlay Low Density Multi - Family Residential (OPD /RM -12) zoning is 15 units per
acre, allowing the 9 additional units to be built.
The subject property is located in the Southwest Planning District. The Southwest District Plan
indicates this site is appropriate for Low Density Multi- Family uses, such as the proposed rezoning
to OPD /RM -12. The Comprehensive Plan also identifies the need to provide housing options for
Iowa City's senior residents. The proposed rezoning, which will allow 9 additional assisted living
units to be built, will help meet this need. Thus, staff believes the rezoning application is
consistent with the Southwest District Plan and the Comprehensive Plan.
Development Design, Traffic and Access:
The site currently contains an X shaped building with two wings of independent living units to the
northeast and northwest and two wings of assisted living units to the southeast and southwest. A
commons area connects the assisted living units with the independent living units. The assisted
living dining facility is located on the south side of the commons. The proposed addition adds a
wing of assisted living units to the southeastern leg of the building. The new wing will be one story
tall. In addition, a 14 x 28 foot expansion of the Assisted Living dining facility is proposed on the
east side of the current dining facilities. The elevation drawings show the new wing and expanded
dining facilities will be similar in massing and material as the existing building.
A one way drive circles around the retirement facility; this drive will be relocated on the south side
of the property and extended to go around the proposed addition. Parking for the assisted living
units is provided along the two wings. With the addition of 9 units and 11 beds, the zoning code
requires 4 new spaces for residents and 2 new spaces for staff. The site plan identifies 13 new
parking spaces, satisfying the zoning code.
3
The site has one access point off of Dublin Drive on the west side of the property. Dublin Drive
connects to Melrose Drive to the north. Dublin Drive is a collector street, and a 2008 traffic count
suggests that it has sufficient capacity for the additional traffic that may result from the proposed
assisted living units addition.
Neighborhood Compatibility: The current Melrose Retirement Community facility fits well with
the surrounding neighborhood, and the proposed assisted living unit addition is consistent with the
scale and architecture of the existing building. Staff believes the proposed rezoning will be
compatible with the surrounding neighborhood.
Neighborhood parkland or in lieu fees: Neighborhood parkland fees were paid at the time the
land was subdivided and rezoned to OPD8. Due to the increase in density, the applicant must
provide an additional 0.30 acres of open space or pay a fee equivalent to the fair market value of
0.30 of an acre of open space. The Department of Parks and Recreation will determine whether
on -site parkland or in lieu fees will be used. However, because there is no appropriate usable
park space on this property, it is likely that in lieu fees will be used.
Storm water management and Easement: The southeastern section of the property is located
within a stormwater management area. The proposed addition to the southeast assisted living
wing extends into this storm water detention facility. The City Engineer reviewed the applicant's
storm water management plan, and technical corrections need to be made to the drainage plan
calculations. However, overall the general storm water management plan is sufficient for the
property's drainage needs. Due to the reconfiguration of the storm water facility, the applicant
must release the existing storm water easement and establish a new easement in accordance
with the reconstructed basin.
STAFF RECOMMENDATION: Staff recommends deferral until applicant has corrected the
technical deficiencies in the storm water management plan. Upon resolution of this issue, staff
recommends approval of REZ11 -0005, a rezoning of approximately 10.0 acres located at 350
Dublin Drive from OPD8 to OPD /RM -12, subject to substantial compliance with the site plan and
elevations submitted.
DEFICIENCIES AND DISCREPANCIES:
The city engineer identified technical corrections needed to storm water management plan.
ATTACHMENTS:
1. Location Map
2. Plan or plat
3. Elevation drawings
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING CODE, ARTICLE 9A, GENERAL
DEFINITIONS, TO CLARIFY THE DEFINITION OF ENLARGEMENT /EXPANSION AS IT
RELATES TO ALCOHOL SALES - ORIENTED USES.
WHEREAS, the zoning code establishes a minimum spacing requirement between alcohol
sales- oriented retail uses in the central business zones;
WHEREAS, alcohol sales- oriented retail uses located in the central business zones are
considered nonconforming uses if they are not in compliance with the minimum spacing
requirement; and
WHEREAS, nonconforming uses may not be expanded or enlarged; and
WHEREAS, the current definition of enlargement/expansion in the zoning code makes it
difficult to measure the expansion of a nonconforming alcohol sales- oriented use as it relates to
a request for a change in type of liquor license; and
WHEREAS, the Planning and Zoning Commission has recommended that the definition of
Enlargement/Expansion be clarified to address this shortcoming in the code language.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. Deleting the definition of " enlargement/expansion" in Article 14 -9A, General Definitions,
and substituting in lieu thereof:
ENLARGEMENT /EXPANSION: An increase in the volume of a building, an increase in the
area of land or building occupied by a use, an increase in the number of bedrooms
within a dwelling unit or an increase in the number of dwelling units. For non-
residential buildings an increase in the occupancy load of a building is considered an
enlargement/expansion. For Alcohol Sales- Oriented Retail Uses, any change in the
type of liquor license that would increase the types of alcohol or alcoholic beverages
that can be sold is considered an enlargement/expansion of the use. For Group
Living Uses, any alteration that allows an increase in the number of residents is
considered an enlargement/expansion.
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
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication.
Passed and approved this day of , 2011.
MAYOR
Approved by
Ordinance No.
Page 2
ATTEST:
CITY CLERK
Attorney's Cliy Office
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 9/6/2011
Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright,Bailey, Champion.
NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE MENDING TITLE 14, ZONING CODE, ARTI LE 9A, GENERAL
DEFINITIONS, TO LARIFY THE DEFINITION OF ENLARGE ENT /EXPANSION AS IT
RELATES TO ALC HOL SALES - ORIENTED USES.
WHEREAS, the z ning code establishes a minimum sp cing requirement between alcohol
sales- oriented retail us in the central business zones;
WHEREAS, alcohol les- oriented retail uses locat d in the central business zones are
considered nonconforming uses if they are not in mpliance with the minimum spacing
requirement; and
WHEREAS, nonconformin uses may not be ex nded or enlarged; and
WHEREAS, the current defi 'tion of enlarge ent /expansion in the zoning code makes it
difficult to measure the expansion f a nonconfor ing alcohol sales- oriented use as it relates to
a request for a change in type of liqu r license; nd
WHEREAS, the Planning and Zo ' g Co mission has recommended that the definition of
Enlargement/Expansion be clarified to a dre this shortcoming in the code language.
NOW, THEREFORE, BE IT ORDAIN BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinance of e City of Iowa City, Iowa is hereby amended as
follows:
A. Deleting the definition of "
and substituting in lieu then
" in Article 14 -9A, General Definitions,
ENLARGEMENT /EXPANSI : An increase in a volume of a building, an increase in the
area of land or buildin occupied by a use, a increase in the number of bedrooms
within a dwelling unit r an increase in the nu ber of dwelling units. For non-
/ehe ntial building an increase in the occupa y load of a building is considered an
ement/exp sion. For Alcohol Sales -Orien d Retail Uses, any change in the
f liquor Ii rise that would increase the type of alcohol or alcoholic beverages
an be s d is considered an enlargement/expa sion of the use. For Group
Uses any alteration that allows an increase in a number of residents is
ere an enlargement /expansion.
SECTI R EALER. All ordinances and parts of ordinance in conflict with the provisions
of this Ord re hereby repealed.
SECTI. SEVERABILITY. If any section, provision or part f the Ordinance shall be
adjudged invalid or unconstitutional, such adjudication shall no affect the validity of the
Ordinance a whole or any section, provision or part thereof t adjudgedgnvalid or
unconstitu C -= „�
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect a F_'in± ass, b
approval and publication.
Passed and approved this day of 12011
MAYOR
Approved by
,era
City of Iowa City
MEMORANDUM
Date: July 21, 2011
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
RE: Zoning Code Amendment to clarify the definition of "enlargement/expansion" as it
relates to alcohol sales- oriented retail uses
The State of Iowa recently changed the law to allow gas station /convenience stores in
Iowa to apply for Class E liquor licenses so they can expand their alcohol sales to
include hard liquor in addition to beer and wine. This change was largely in response to
concerns expressed by small towns where gas station /convenience stores are
sometimes the only sales outlet in town. The City of Iowa City currently has a
considerable concentration of alcohol sales outlets in the downtown area near the
University of Iowa campus. In response to public safety concerns related to this
concentration, the City adopted new zoning rules that regulate the location and spacing
of alcohol sales- oriented uses in the central business zones with the intent of reducing
the concentration of such sales outlets over time. When alcohol sales outlets in the
downtown area do not meet the 1000 feet spacing requirement, they are considered
nonconforming uses.
According to the zoning code nonconforming uses may not be expanded or enlarged.
Given that it would currently be difficult to measure and control the extent of the
expansion provided by a change from a beer and wine permit to a Class E liquor license
using the current definition of enlargement/expansion provided in the zoning code, staff
recommends amending the definition of "enlargement/expansion" to clarify that a change
in liquor license type that would allow an alcohol sales- oriented use to increase the types
of alcohol that can be sold would be considered an enlargement/expansion of the use.
Recommendation
Staff recommends that the definition of enlargement/expansion in the zoning code be
amended as follows. The underlined text is the suggested new language.
ENLARGEMENT /EXPANSION: An increase in the volume of a building, an increase in the area of
land or building occupied by a use, an increase in the number of bedrooms within a dwelling
unit or an increase in the number of dwelling units. For non - residential buildings an increase in
the occupancy load of a building is considered an enlargement /expansion. For Alcohol Sales -
Oriented Retail Uses any change in the type of liquor license that would increase the types of
alcohol or alcoholic beverages that can be sold is considered an enlargement /expansion. For
Group living Uses, any alteration that allows an increase in the number of residents is
considered an enlargement /expansion.
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
5c
��J
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14: ZONING CODE, PARAGRAPH 14- 4B- 4B -17,
SALES - ORIENTED RETAIL IN THE CI -1 ZONE, TO ALLOW PET SUPPLY STORES.
WHEREAS, the zoning code sets forth the types of retail uses that are allowed in the
Intensive Commercial (CI -1) Zone;
WHEREAS, the types of retail uses allowed in the CI -1 Zone are typically uses that are land -
intensive or are complementary to other quasi - industrial and intensive commercial uses allowed
in this zone; and
WHEREAS, both general and intensive animal - related commercial uses are allowed uses in
the Intensive Commercial Zone; and
WHEREAS, locating pet supply stores near other animal - related commercial uses may
create attractive economic opportunities based on the location efficiencies that might be realized
when similar uses locate in the same area;
WHEREAS, it is the policy of the City to preserve and expand economic opportunities for
commercial uses in the community
WHEREAS, the Planning and Zoning Commission have reviewed the proposed change to
the zoning code and recommend approval;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. Deleting paragraph 14- 413- 413-17, and substituting in lieu thereof:
17. Sales- Oriented Retail in the CIA Zone
Sales- Oriented Retail is limited to the following specific uses:
a. Convenience stores associated with Quick Vehicle Servicing Uses;
b. Retail establishments that primarily sell building supplies, auto supplies, pet
supplies, hardware, paint, flooring materials, furniture, or appliances.
C. Sales- Oriented Retail associated with a Repair- Oriented Retail, Industrial
Service, Light /Technical Manufacturing, or General Manufacturing Use, provided
that the floor area devoted to the retail display of merchandise does not exceed
50% of the total ground floor area or 5,000 square feet, whichever is less.
d. Consignment stores as defined in Article 14 -9A, General Definitions.
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
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication.
Ordinance No.
Page 2
Passed and approved this day of , 2011.
TAT-Mm
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
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 9/6/2011
Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens.
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
11Z__
Q.
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN O INANCE AMENDING TITLE 14: ZONING CODE, PARAGRAPH 14- 4B-4B -17,
SALES- IENTED RETAIL IN THE CIA ZONE, TO ALLOW PET SUPPLY STORES.
WHERE S, the zoning code sets forth the types of retail uses that are allowed in the
Intensive Com ercial (CI -1) Zone;
WHEREAS, t e types of retail uses allowed i/location on are typically uses that are land -
intensive or are co plementary to other quasi - in i ensive commercial uses allowed
in this zone; and
WHEREAS, both g eral and intensive animommercial uses are allowed uses in
the Intensive Commercia one; and
WHEREAS, locating p t supply stores neimal - related commercial uses may
create attractive economic op ortunities based oon efficiencies that might be realized
when similar uses locate in the ame area;
WHEREAS, it is the policy o he City to pr expand economic opportunities for
commercial uses in the community
WHEREAS, the Planning and Zon C
the zoning code and recommend approv
NOW, THEREFORE, BE IT ORDAI B)
CITY, IOWA:
SECTION I. The Code of Ordi nces of th
follows:
A. Deleting paragraph 14- - 46 -17, and su
mission have reviewed the proposed change to
THE CITY COUNCIL OF THE CITVOF IOWA
City of Iowa City, Iowa is h*6y 4ende s
S2 ; 7
sti ting in lieu thereof: a
17. Sales- Oriented etaiI in the CIA Zone
Sales- Oriented etail is limited to the followin' specific uses:
a. Jonsignment ce stores associated with Quick Vehicle Servicing Uses;
ry
b. ablishments that primarily sell building supplies, auto supplies, pet
hardware, paint, flooring materials, furniture, or appliances.
C. iented Retail associated with a Repair - Oriented Retail, Industrial
Light/Technical Manufacturing, or General Manufacturing Use, provided
floor area devoted to the retail display of merchandise does not exceed
he total ground floor area or 5,000 square feet, whichever is less.
d. ent stores as defined in Article 14 -9A, General Definitio ns.
SECTION II REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Orlin ce are hereby repealed.
SE ION 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.
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE MENDING PARAGRAPH 14- 413- 46 -17, SALES - ORIENTED RETAIL IN
THE CIA ZONE, N ALLOW PET SUPPLY STORES.
WHEREAS, the oning code sets forth the types of retail uses that are allowed in the
Intensive Commercial CI -1) Zone;
WHEREAS, the type of retail uses allowed in the CI -1 Zone are typydally uses that are land -
intensive or are complem tary to other quasi - industrial and intensive ommercial uses allowed
in this zone; and
WHEREAS, both general d intensive animal - related commerci I use
are allowed uses in
the Intensive Commercial Zone; nd
WHEREAS, locating pet sup y stores near other animal -r ated commercial uses may
create attractive economic opportun 'es based on the location a 'ciencies that might be realized
when similar uses locate in the same ea;
WHEREAS, it is the policy of the �y to preserve and a pand economic opportunities for
commercial uses in the community
WHEREAS, the Planning and Zoning mmission h
the zoning code and recommend approval;
NOW, THEREFORE, BE IT ORDAINED B THE Cl
CITY, IOWA:
SECTION I. The Code of Ordinances of the 'ty f
follows:
A. Deleting paragraph 14- 4B- 46 -17, and substi ti g
17. Sales- Oriented Retail in the CIA
Sales- Oriented Retail is limited to
a. Convenience stores associ
b. Retail establishments that
supplies, hardware, paint,
followin
ith Quic
reviewed the proposed change to
Y COUNCIL OF THE CITY OF IOWA
g \Ve ifc uses: ��?
k cle S ervicing Oses; � J
Idly sell building
ng materials, fu
supplies, auto supplies, pet
'ture, or appliances.
C. Sales- Oriented Retail ass iated with aRepair -Ori ted Retail, Industrial
Service, Light/Technical anufacturing, or General Manufacturing Use, provided
that the floor area dev ted to the retail display of me�handise does not exceed
50% of the total gro nd floor area or 5,000 square fees whichever is less.
d. Consignment stor as defined in Article 14 -9A, General Definitions.
SECTION II. REPEALER. All dinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby re aled.
SECTION III. SEVE ILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid o 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.
ti
a
Iowa City, Iowa is f*oy �endgd as
in lieu thereof:``
Idly sell building
ng materials, fu
supplies, auto supplies, pet
'ture, or appliances.
C. Sales- Oriented Retail ass iated with aRepair -Ori ted Retail, Industrial
Service, Light/Technical anufacturing, or General Manufacturing Use, provided
that the floor area dev ted to the retail display of me�handise does not exceed
50% of the total gro nd floor area or 5,000 square fees whichever is less.
d. Consignment stor as defined in Article 14 -9A, General Definitions.
SECTION II. REPEALER. All dinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby re aled.
SECTION III. SEVE ILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid o 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.
City of Iowa City
MEMORANDUM
Date: July 21, 2011
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
RE: Zoning Code Amendment to allow pet supply stores in the CI -1 Zone
The Intensive Commercial Zone currently allows animal - related commercial uses of all
types, except for pet supply stores. The City has received an inquiry about the possibility
of using an existing vacant building in an area zoned CI -1 as a pet supply store. One of
the reasons that the business owner finds this location desirable is because of the
location nearby of a vet clinic and the possibility of other like businesses, such as a pet
grooming business locating in this area. While in general retail uses are limited in the CI-
1 Zone, the retail uses that are currently allowed largely have some association with
related intensive commercial uses intended for the zone. For example, the zone allows
building supply, auto supply and hardware stores, all of which might find it advantageous
to locate near contractors yards, auto body shops, repair shops, and other industrial
service businesses.
To provide for additional such market opportunities and location efficiencies in the City's
CI -1 Zone, staff recommends adding "pet supply" to the allowed sales- oriented retail
uses allowed in the CI -1 Zone.
Recommendation
Staff recommends that the zoning code be amended as follows. The underlined text is the
suggested new language.
17. Sales- Oriented Retail in the CI -1 Zone
Sales- Oriented Retail is limited to the following specific uses:
a. Convenience stores associated with Quick Vehicle Servicing Uses;
b. Retail establishments that primarily sell building supplies, auto supplies, pet
supplies, hardware, paint, flooring materials, furniture, or appliances.
C. Sales- Oriented Retail associated with a Repair - Oriented Retail, Industrial Service,
Light /Technical Manufacturing, or General Manufacturing Use, provided that the
floor area devoted to the retail display of merchandise does not exceed 50% of the
total ground floor area or 5,000 square feet, whichever is less.
d. Consignment stores as defined in Article 14 -9A, General Definitions.
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO. 11 -444,1
AN ORDINANCE AMENDING THE IOWA CITY ZONING CODE, ARTICLES 14 -4A, USE
CATEGORIES, AND 14 -9A, GENERAL DEFINITIONS, TO ADD A DEFINITION OF
PARENTAL GROUP HOME.
WHEREAS, a group household, as defined in the zoning code, is a household living use
wherein a collective number of individuals live together in one dwelling unit as a single
housekeeping unit, where the relationship between the individuals has a distinct domestic
character, similar to a family;
WHEREAS, the zoning code lists three distinct types of group households, each of which is
limited in size, not to exceed 8 persons, similar to a large family; and
WHEREAS, City STEPS, Iowa City's five -year consolidated plan for housing, jobs and
services for low- income residents, approved by Council on December 14, 2009, addresses the
need to assist "unaccompanied minors" financially and through programs to transition to self -
sufficiency; and
WHEREAS, there is an identified need for stable housing for teenage and young adult
parents and their babies; and
WHEREAS, up to three unrelated persons can live together in one household in any zone
within the city, but if these persons have children, it is considered an over - occupied situation;
WHEREAS, the Planning and Zoning Commission recommends approval of the following
code amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. Deleting the definition of "Group Household" in Article 14 -9A, General Definitions, and
substituting in lieu thereof:
Group Household: A family care home, elder family home, parental group home, or
elder group home, as defined in this Title, wherein a collective number of individuals
live together in one dwelling unit as a single housekeeping unit, where the
relationship between the individuals is of a regular and permanent nature and has a
distinct domestic character, similar to a family.
B. Amending Article 14 -9A, General Definitions, by adding the following definition:
Parental Group Home: A type of group household containing not more than three
teenagers or adults and up to four children under five years of age, each of whom is
related by blood to at least one of said teenagers or adults, placed in a residential
dwelling unit by a government or social service agency and occupying said dwelling
unit as a single housekeeping unit for purposes of social and /or economic support.
C. Deleting subparagraph 14- 4A -3A -2a and substituting in lieu thereof:
a. Group Households
Group Households include only the following specific uses: elder family homes,
elder group homes, parental group homes, and family care homes, as defined in
Article 14 -9A, General Definitions.
D. Deleting subparagraph 14- 4134A -6a and substituting in lieu thereof:
a. The proposed use must meet the definition of elder group home, elder family
home, parental group home, or family care home.
Ordinance No. 1 1 -4441
Page 2
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
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication.
Passed and approved this 6th day of SFnrPmbp -r , 2011.
�_
MAYOR
ATTEST:—
CITY
Approved by
City Attorney's Office /� /��
Ordinance No. 11 -4443
Page 3
It was moved by Wright and seconded by Champion that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Dickens
x Hayek
x Mims
x Wilburn
x Wright
First Consideration
Vote for passage: 'AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion.
NAYS: None. ABSENT: None.
Second Consideration 9�9� 19ni I
Vote for passage: AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek.
NAYS: None. ABSENT: None.
Date published 9/15/2011
Prepared by: KristopherAckerson, Asst. Transportation Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-
356 -5247
ORDINANCE NO
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3,
ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS ",
SUBSECTION B, ENTITLED "EXCEPTIONS ".
WHEREAS, City Code Section 9- 3 -6(B) currently defines speed limits for to a Highway 1; and
WHEREAS, the City Engineer recommen I s the speed limit from Prairie D Chien Road to a point 175
feet north of Conklin Lane be designated 35 iles per hour; and
WHEREAS, it is in the best interest of the ity to define maximum allow ble speeds for all vehicles
on public streets and highways;
NOW THEREFORE, BE IT ORDAINED B THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 9, entitled "Motor Vehicles and Traffic,
entitled "Speed Restrictions," Sub - Section B, entitle
following language:
Name of Street
Iowa Highway 1
Maximum
Speed Limit
(MPH)
45
Chapter 3, enti ed "Rules of the Road," Section 6,
,.'Exception s" s hereby amended by deleting the
Where Limit
From the int(
feet south of
and replacing it with the following language:
i of North Dubuque Road to a p#nt 600
limits '—
cam_ -
-� ry r
Maximum
-ac:
-v
Speed Limit
rn
Name of Street MPH
Wh e Limit Applies
Iowa Highway 1 45
Fr m a point 175 fee north of the intersectivi'of Conklin
ne to a point 600 fe t south of the city limits rra
Iowa Highway 1 35
/Prorn the intersection airie du Chien Road to a point 175
feet north of the interse ion of Conklin Lane
SECTION II. REPEALER. All ordi ances and parts of ordinance in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the rdinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of e Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication.
Passed and approved this day of 2011.
Approved by 1 4 z �tZel2r r ,
MAYOR City Attorney's Office
ATTEST:
CITY CLERK
FJ
�• �.
Prepared by: KristopherAckerson, Asst. Transportation Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-
356 -5247
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3,
ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS ",
SUBSECTION B, ENTITLED "EXCEPTIONS ".
WHEREAS, City Code Section 9- 3 -6(B) currently defines speed limits for Iowa Highway 1; and
WHEREAS, the City Engineer recommends the speed limit from Prairie Du Chien Road to a point 175
feet north of Conklin Lane be designated 35 miles per hour; and
WHEREAS, it is in the best interest of the City to define maximum allowable speeds for all vehicles
on public streets and highways;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6,
entitled "Speed Restrictions," Sub - Section B, entitled "Exceptions" is hereby amended by deleting the
following language:
Maximum
Speed Limit
Name of Street (MPH) Where Limit Applies
Iowa Highway 1 45 From the intersection of North Dubuque Road to a point 600
feet south of the citv limits
and replacing it with the following language:
Maximum
Speed Limit
Name of Street (MPH) Where Limit Applies
Iowa Highway 1 45 From a point 175 feet north of the intersection of Conklin
Lane to a point 600 feet south of the city limits
Iowa Highway 1 35 From the intersection Prairie du Chien Road to a point 175
feet north of the intersection of Conklin Lane
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 effective upon publication.
Passed and approved this day of 2011.
Approved by ,�GJ� X e,r� �_
MAYOR City Attorney's Office 7 ��
ATTEST:
CITY CLERK
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 9/6/2011
Vote for passage: AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright.
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
^� ®4 CITY OF IOWA CITY _
. EMO U M
M
D
Date:
August 31, 2011
To:
Tom Markus
From:
Jann Ream
Re:
Temporary Outdoor Service Areas
Introduction:
In June of this year, the owners of George's Buffet (312 E. Market St.) approached Housing and
Inspection Services about having a one day Temporary Outdoor Service Area at their
bar /restaurant to coincide with the Northside Market Place October Fest event which is taking
place on October 1, 2011. When looking at the ordinance which allows Temporary Outdoor
Service Areas, it was determined that the request had to be denied because there are two
apartments above this business and Temporary Outdoor Service Areas are not allowed within
100ft of a residential use. Having to deny this permit defied all logic since the City is allowing a
much larger Temporary Outdoor Service Area on public property adjacent to this same property
on the same day.
History /Background:
Sidewalk Cafes are those outdoor areas that are allowed to serve alcohol on public property
and are only permitted in the Central Business District zones — CB -2, CB -5 and CB -10. Outdoor
Service Areas are distinguished from Sidewalk Cafes in that they are entirely on private property
and are allowed in all commercial zones and, at times, residential zones. The regulations
concerning Outdoor Service Areas distinguish between those types of outdoor service areas
that are permanent and temporary. Prior to January, 2011, both permanent and temporary
outdoor service areas had a location requirement that prohibited their location within 100ft of
either a residential zone or residential use. In January of 2011, the ordinance was amended for
permanent Outdoor Service Areas to remove the location requirement in the Central Business
District zones. Since Sidewalk Cafes (public property) had no restriction on their proximity to
residential zones or uses in CB zones, it seemed overly restrictive and illogical to have that
restriction on Outdoor Service Areas (private property) in these same zones. It was an oversight
not to remove the location restriction on temporary Outdoor Service Areas when the permanent
Outdoor Service Area ordinance was amended. It makes no sense to tell a business in a
Central Business District zone that they could have a permanent Outdoor Service Area (no
location requirement in CB zones) but they cannot get a permit for a one day event because
they are within 100ft of a residential use.
Discussion of Solutions:
The Temporary Outdoor Service ordinance could be amended so that the regulations mirror
both the Sidewalk Cafe ordinance and the permanent Outdoor Service Area ordinance. This
alleviates the discrepancies which seem illogical to staff and business owners when
administering the ordinance.
Recommendation:
Amend the ordinance regulating Temporary Outdoor Service as attached.
G
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251
ORDINANCE NO.
CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 3,
OUTDOOR SERVICE AREAS; SEASONAL, FIVE DAY OR FOURTEEN DAY LICENSES AND
PERMITS, SECTION A, LOCATION, TO ESTABLISH NEW LOCATION STANDARDS FOR
TEMPORARY OUTDOOR SERVICE AREAS WHEN REQUESTED IN NON - RESIDENTIAL
ZONES.
WHEREAS, the City Code allows outdoor service areas to be located in any Commercial
Zone, regardless of the proximity to a residential use, but provided that the outdoor service area
is more than 100 feet from a residential zone boundary; and
WHEREAS, in CB2, CBS, and CB10 zones ( "downtown zones ") outdoor service areas are
allowed regardless of their proximity to residential zones or residential uses; and
WHEREAS, temporary outdoor service areas, by definition, can be operated on not more
than two occasions in the licensing year for the subject licensed establishment and for not more
than three (3) days per occasion, whether consecutive or separated; and
WHEREAS, the City Code currently prohibits temporary outdoor service areas in any
location that is within 100 feet of a residential use, regardless of the zone; and
WHEREAS, the aforementioned location restriction effectively prohibits temporary outdoor
service areas for special events and festivals in most commercial areas, because many
commercial areas contain mixed -use buildings with upper floor residential apartments, while in
the same area more permanent outdoor service areas are allowed; and
WHEREAS, due to the limited duration and characteristics of temporary outdoor service
areas, the locations of temporary outdoor service areas should be treated similarly to rather
than more strictly than outdoor service areas that are approved on a more permanent, year -
round basis; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. Deleting paragraph 4- 3 -4A -4, and substituting in lieu thereof:
4. The sale of liquor or beer under a seasonal five -day or fourteen day license or permit
may occur in any principal structure which does not house a residential use,
regardless of the zone in which it is located and regardless of its proximity to other
residential uses. A temporary outdoor service area may be permitted in any one of
the following qualifying situations:
a. In any zone other than a Commercial Zone, provided the temporary outdoor
service area is not located within one hundred feet (100') of a residential use; or
b. In any Commercial Zone other than the CB -2, CB -5, or CB -10 Zones, regardless
of the temporary outdoor service area's proximity to a residential use, but
provided the temporary outdoor service area is not within one hundred feet of a
residential zone; or
c. In the CB -2, CB -5, or CB -10 Zones, regardless of the temporary outdoor service
area's proximity to a residential zone or a residential use.
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 unconsti-
tutional.
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 , 2011.
MAYOR
ATTEST:
CITY CLERK
Approved by p
�OA At non,c .Nt�7% ��✓
`City Attorney's Office 4-(3
I� jf
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 9/6/2011
Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey.
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published