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HomeMy WebLinkAbout2012-07-31 OrdinanceZZZ Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ -12- 00010) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 2.7 ACRES OF LAND LOCATED NORTH OF BENTON STREET BETWEEN GEORGE AND STREB STREETS FROM MEDIUM - DENSITY SINGLE - FAMILY (RS- 8) ZONE TO OVERLAY PLANNED DEVELOPMENT MEDIUM - DENSITY MULTI - FAMILY (OPD- RM -20) ZONE. (REZ12- 00010) WHEREAS, the applicant, Christian Retirement Services, has requested a rezoning of property located north of Benton Street between George and Streb Streets from Medium - Density Single - Family Residential (RS -8) to Overlay Planned Development Medium - Density Multi - Family Residential (OPD- RM -20) and approval of a preliminary OPD plan; and WHEREAS, an amendment to the Comprehensive Plan changed the land -use designation map for the subject properties from single - family /duplex residential to Medium - Density Multi - Family Residential; and WHEREAS, the Comprehensive Plan supports provision of group living options for senior citizens, and the Southwest District Plan encourages development of high - quality multi - family housing that is compatible with surrounding developments to meet the housing needs of a variety of households, including elderly residents; and WHEREAS, the OPD zoning gives the City the opportunity to review the design with the intent of assuring that the resulting development is compatible with the neighborhood and the overall goals of the Comprehensive Plan; and WHEREAS, the proposed development includes design features —such as a variety of building materials with balconies to create an articulated fagade, inclusion of a courtyard within the main building to provide an open space corridor, development of two duplexes on the east side of Streb Street that function as a transition and step -down between the main building and the RS -8 zone to the west—to the make the development compatible with the surrounding neighborhood; and WHEREAS, the applicant is seeking waivers, as allowed by the OPD zoning, to allow the maximum overall height of the building to be increased from 35 feet to 52 feet; and WHEREAS, the height increase is justified, due to design features of the development, the need for housing for senior residents, and the provision of two levels of interior parking; and WHEREAS, the applicant is seeking waivers to allow a variation in tree coverage standards for the courtyard area, since the courtyard functions more as open space than as a rooftop; and WHEREAS, the applicant is seeking waivers to increase the width of two garage doors within the development from a maximum of 18 feet to 20 feet, which is reasonable given that they would be located in the interior of the development; and WHEREAS, the applicant has agreed to dedicate additional right -of -way to bring the north side of Benton Street up to current arterial street right -of -way standards as shown on the OPD plan; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended approval of the rezoning and the preliminary OPD plan. 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 its current zoning designation of Medium - Density Single - Family Residential (RS -8) to Overlay Planned Developed Medium - Density Multi- Family Residential (OPD- RM -20): LEGAL DESCRIPTION LOT 11 AND LOT 12 OF GRANDVIEW MANOR (PLAT RECORDED IN PLAT BOOK 4, PAGE 430 AT THE JOHNSON COUNTY RECORDER'S OFFICE), IOWA CITY, JOHNSON COUNTY, IOWA; AND LOT 1, LOT 2, LOT 3, LOT 4, AND LOT 5 OF A SUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., (PLAT RECORDED IN PLAT BOOK 4, PAGE 315 AT THE JOHNSON COUNTY RECORDER'S OFFICE), IOWA CITY, JOHNSON COUNTY, IOWA; AND LOT 24, LOT 25, LOT 26, LOT 27, LOT 28, LOT 29 AND LOT 30 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT RECORDED IN PLAT BOOK 4, PAGE 401 AT THE JOHNSON COUNTY RECORDER'S OFFICE); AND LOT 1, LOT 2 AND LOT 3 OF A SUBDIVISION OF LOT 31 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT Ordinance No. Page 2 RECORDED IN PLAT BOOK 23 PAGE 42 AT THE JOHNSON COUNTY RECORDER'S OFFICE); AND LOT 24, LOT 25, LOT 26, LOT 27 AND LOT 28 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT RECORDED IN PLAT BOOK 4, PAGE 401 AT THE JOHNSON COUTNY RECORDER'S OFFICE). SECTION II. VARIATIONS. To allow the development of 73 new dwelling units for the elderly the OPD- 20 Plan for the subject properties varies from the RS -20 dimensional requirements. These variations include allowing a height increase from a maximum of 35 feet to 52 feet, allowing the applicant to subtract the roof area of the courtyard from the total roof area for the purposes of calculating the one tree for every 550 square feet of building coverage required for a residential development, and to allow the width of two garage doors in the interior of the development to be increased from the maximum of 18 feet to 20 feet. 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 by law. 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 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. MAYOR 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: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 7 �1 2012 Vote for passage: AYES: Mims, Payne, throgmorton, Champion, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 4 c Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ -12- 00010) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 2.7 ACRES OF LAND LOCATED NORTH OF BENTON STREET BETWEEN GEORGE AND STREB STREETS FROM MEDIUM - DENSITY SINGLE - FAMILY (RS- 8) ZONE TO OVERLAY PLANNED DEVELOPMENT MEDIUM - DENSITY MULTI - FAMILY (OPD- RM -20) ZONE. (REZ12- 00010) WHEREAS, the appli ant, Christian Retirement Services, has reqiueste a rezoning of property located north of Benton Street be een George and Streb Streets from Medium- ensity Single - Family Residential (RS -8) to Overlay Planne Development Medium - Density Multi -Famil Residential (OPD- RM -20) and approval of a preliminary OPD an; and WHEREAS, an amendment the Comprehensive Plan changed th land -use designation map for the subject properties from single -fami duplex residential to Medium -Densi Multi - Family Residential; and WHEREAS, the Comprehensive Ian supports provision of group iving options for senior citizens, and the Southwest District Plan encourage development of high - quality ulti- family housing that is compatible with surrounding developments to mee he housing needs of a riety of households, including elderly residents; and WHEREAS, the OPD zoning gives the City the opportunity to review the design with the intent of assuring that the resulting development is co atible with the eighborhood and the overall goals of the Comprehensive Plan; and WHEREAS, the proposed development includ design fe ures —such as a variety of building materials with balconies to create an articulated fagade, inclusi n of a c urtyard within the main building to provide an open space corridor, development of two duplexes n the east side of Streb Street that function as a transition and step -down between the main building d e RS -8 zone to the west —to the make the development compatible with the surrounding neighborho - and WHEREAS, the applicant is seeking waivers, as allo ed by the OPD zoning, to allow the maximum overall height of the building to be increased from 35 feet t feet; and WHEREAS, the height increase is justified, due to Si features of the development, the need for housing for senior residents, and the provision of two lev Is of i erior parking; and WHEREAS, the applicant is seeking waivers to ow a v iation in tree coverage standards for the courtyard area, since the courtyard functions more as o en space an as rooftop; and WHEREAS, the applicant is seeking waivers to increase th width of two garage doors within the development from a maximum of 18 feet to 20 feet, hich is reason ble given that they would be located in the interior of the development; and WHEREAS, the applicant has agreed to dedic to additional right- f - way to bring the nogtside Benton Street up to current arterial street right -of -way Stan ards as shown on th OPD plan; and WHEREAS, the Planning and Zoning Com ission has the review the proposed rezp ing and has recommended approval of the rezoning and the reliminary OPD plan. NOW, THEREFORE, BE IT ORDAINED Y THE CITY COUNCIL F THE R-D- 0IF IOWA�#TY, IOWA: w; SECTION I APPROVAL. Property d cribed below is hereby reclass led fro _its current;' ping designation of Medium - Density Single -F ily Residential (RS -8) to Overlay anned,1b6vef6Ped Mee um- Density Multi - Family Residential (OPD -R -20): o > LEGAL DESCRIPTION LOT 11 AND LOT 12 OF GRANDVIEW MANOR (PLAT RECORDED IN PLAT BOOK 4, PAGE 430 AT THE JOHNSON COUNTY RECORDER'S OFFICE), IOWA CITY, JOHNSON COUNTY, IOWA; AND LOT 1, LOT 2, LOT 3, LOT 4, AND LOT 5 OF A SUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., (PLAT RECORDED IN PLAT BOOK 4, PAGE 315 AT THE JOHNSON COUNTY RECORDER'S OFFICE), IOWA CITY, JOHNSON COUNTY, IOWA; AND LOT 24, LOT 25, LOT 26, LOT 27, LOT 28, LOT 29 AND LOT 30 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT RECORDED IN PLAT BOOK 4, PAGE 401 AT THE JOHNSON COUNTY RECORDER'S OFFICE); AND LOT 1, LOT 2 AND LOT 3 OF A SUBDIVISION OF LOT 31 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT Ordinance No. Page 2 RECORDED IN PLAT BOOK 23 PAGE 42 AT THE JOHNSON COUNTY RECORDER'S OFFICE); AND LOT 24, LOT 25, LOT 26, LOT 27 AND LOT 28 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT RECORDED IN PLAT BOOK 4, PAGE 401 AT THE JOHNSON COUTNY RECORDER'S OFFICE). SECTION II. VARI IONS. To allow the development of 73 new dwelling unit for the elderly the OPD- 20 Plan for the subject pro rties varies from the RS -20 dimensional requirementX. These variations include allowing a height increase fr\aresidential imum of 35 feet to 52 feet, allowing the plicant to subtract the roof area of the courtyard from thf area for the purposes of calculating the ne tree for every 550 square feet of building coverage req residential development, and to allow a width of two garage do ors in the interior of the developme eased from the maximum of 18 fee to 20 feet. SECTION III. ZONING e ilding Inspector is hereby aut rized and directed to change the zoning map of the City of Ioowa, conform to this amendm t upon the final passage, approval and publication of this ordina. SECTION IV. CERTIFICATION AND REC DING. Upon pa; City Clerk is hereby authorized and directed to cert a copy of this office of the County Recorder of Johnson County, low at the own SECTION V. REPEALER. All ordinances and pa of ord Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision invalid or unconstitutional, such adjudication shall not affec section, provision or part thereof not adjudged invalid or un SECTION VII. EFFECTIVE DATE. This Ordinance al publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office ge and approval of the Ordinance, the finance and to record the same, at the expense, all as provided by law. ;s in conflict with the provisions of this part of the Ordinance shall be adjudged to be k validity of the Ordinance as a whole or any be in bfect after its final passage, approval and 4e Prepared by: Andrew Bassman, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (VAC12- 00004) ORDINANCE NO. AN ORDINANCE VACATING THE PUBLIC RIGHT -OF -WAY OF SPRING STREET. (VAC12- 00004) WHEREAS, the applicant, Christian Retirement Services ( Oaknoll), has requested that the City vacate the public right -of -way of Spring Street; and WHEREAS, the City will retain necessary easements across the right -of -way; and WHEREAS, the right -of -way to be vacated will be incorporated into a planned development expansion of Oaknoll Retirement Residence, and become a private drive providing vehicular access to two duplexes to be constructed as well as a parking facility within the main building to be constructed as part of the planned development; and WHEREAS, at present Spring Street has the characteristics of an alley —no sidewalks, curbs or gutter; and WHEREAS, the right -of -way will no longer be necessary for vehicle or pedestrian access once the applicant removes the existing structures; and WHEREAS, a public access easement will be established to allow access to the rear of 708 Spring Street and Oakcrest Street; and WHEREAS, all infrastructure and utility improvements necessary for this project will be installed by Christian Retirement Services; WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation and has recommended vacating the public right -of -way of Spring Street, subject to conditions mentioned above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. Subject to the retention of any necessary easements, the City of Iowa City hereby vacates the public right -of -way of Spring Street legally described as follows: LEGAL DESCRIPTION SPRING STREET LYING ADJACENT TO LOT 24, LOT 25, LOT 26, LOT 27 AND LOT 28 OF STREB'S SECOND ADDITION TO IOWA CITY (PLAT RECORDED IN PLAT BOOK 4, PAGE 401 AT THE JOHNSON COUNTY RECORDER'S OFFICE). 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. MAYOR ATTEST: CITY CLERK Prepared by: Andrew Bassman, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (VAC12- 00004) ORDINANCE NO. AN ORDINANCE VACATING THE UBLIC RIGHT -OF -WAY F SPRING STREET. (VAC12- 00004) WHEREAS, the applicant, Christian tiremi the public right -of -way of Spring Street, and WHEREAS, the City will retain necessary as WHEREAS, the right -of -way to be vacated i Oaknoll Retirement Residence, and become constructed duplexes and a parking facility wit development; and WHEREAS, at present Spring Street has the q1Z Services (Oglknoll), has requested that the City vacate as, across 1he right -of -way; and II be incorporat d into a planned development expansion of private drive providing vehicular access to two to be h the to be constructed main building of the planned and ` WHEREAS, the right -of -way will no longer be nec applicant removes the existing structures; and WHEREAS, a public access easement will be Spring Street and Oakcrest Street; and WHEREAS, all infrastructure and utility improvemi Christian Retirement Services; WHEREAS, the Planning and Zoning Commission recommended vacating the public right -of -way of Spring NOW, THEREFORE, BE IT ORDAINED BY THE IOWA: SECTION I. VACATION. Subject to the retentio/e(I hereby vacates the public right -of -way of Spring Street of an alley —no sidewalks, curbs or gutter; for vehicle or pedestrian access once the to allow access to the rear of 708 for this project will be installed by Vas the viewed the proposed vacation and has reet, subj ct to conditions mentioned above. CITY COUNCIL OF THE CITY OF IOWA CITY, any necessaly easements, the City of Iowa City IN described A follows: SPRING STREET LYING ADJACENT TO LOT 2 , LOT 25, LOT 26, LOT 2Y, AND LOT 28 OF STREB'S SECOND ADDITION TO IOWA CITY (PLAT ECORDED IN PLAT BOO )< 4, PAGE 401 AT THE JOHNSON COUNTY RECORDER'S OFFICE). \ SECTION 11. REPEALER. All ordinances nd parts of ordinances in conflict W1 Ordinance are hereby repealed. \ SECTION III. SEVERABILITY. If any sect' n, provision or part of the Ordinance invalid or unconstitutional, such adjudication hall not affect the validity of the Ordinz section, provision or part thereof not adjudge invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. Thi Ordinance shall be in effect after its final publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office the provision of this be adjudged to be as a whole or any approval and Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 7/31/2012 Vote forpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 4f Prepared by: Andrew Bassman, Planning Intern, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING CERTAIN PARAGRAPHS WITHIN TITLE 14, ZONING CODE, ARTICLES 2A AND 213, TO EXEMPT BLOCKS WITH THREE OR FEWER HOME LOTS FROM FRONT SETBACK AVERAGING. WHEREAS, one of the main purposes of establishing minimum front setback standards is to maintain a general consistency in the placement of homes along a street frontage; and WHEREAS, consistent placement of homes in relation to the street and to other homes on adjacent lots is one element that helps to define the character of a neighborhood; and WHEREAS, minimum setback standards have varied over time and some neighborhoods were intentionally built with deeper or shallower front yards, and the zoning code contains setback averaging provisions that allow or require variation from the current minimum setback standards in cases where a majority of homes along a frontage have been built with deeper or shallower setbacks; and WHEREAS, while setback averaging provisions are intended to allow new or infill development to respond to the general character that has already been established along a street frontage and have worked well in ensuring that homes are placed in a manner that reflects the neighborhood character, the averaging formula does not work for very short frontages that contain only a few lots; and WHEREAS, on such short block frontages, the construction of one or two homes is not sufficient to establish a general character for a neighborhood and yet with the current setback averaging provision the placement of just a couple homes could effectively establish a new and more restrictive setback requirement for the remaining property on the frontage with no real benefit; and WHEREAS, exempting frontages containing three or fewer lots from the setback averaging provisions would prevent these types of unintended consequences; and WHEREAS, from time to time, zoning ordinance provisions are reviewed to make sure they are still relevant and effective; and WHEREAS, the Planning and Zoning Commission has reviewed these minor corrections 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 sub - subparagraph 14- 2A- 4131-3e(1) and in substituting in lieu thereof: Where at least 50 percent of the lots along a frontage have been developed and all of these developed lots are occupied by principal buildings that are located at least 5 feet further from the street than the required front setback, the required front setback along the frontage is increased to the equivalent of the setback of the building closest to the street. However, this averaging provision does not apply to frontages that contain three or fewer lots. B. Deleting sub - subparagraph 14- 213- 413-3e(1) and substituting in lieu thereof: Ordinance No. Page 2 Where at least 50 percent of the lots along a frontage have been developed and all of these developed lots are occupied by principal buildings that are located at least 5 feet further from the street than the required front setback, the required front setback along the frontage is increased to the equivalent of the setback of the building closest to the street. However, this averaging provision does not apply to frontages that contain three or fewer lots. C. Deleting paragraph 14- 213-61 -1 and substituting in lieu thereof: The front setback for new buildings must not deviate more than 5 feet from the average setback of existing principal buildings along the same frontage. Alternatively, for frontages than contain more than six lots, the average may be calculated based on the principal building setbacks on the four closest lots along the same frontage to the lot containing the new building. However, a new building shall not be located closer to the street than the existing principal building that is closest to the street along the same frontage. This setback standard supersedes the setback standards of the base zone. Frontages that contain three or fewer lots are exempt from the provisions of this paragraph. SECTION 11. 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 , 2012. MAYOR ATTEST: CITY CLERK Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 7/31/2012 Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published '-'t -P Prepared by: Andrew Bassman, Planning Intern, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING CERTAIN PARAGRAPHS WITHIN TITLE 14, ZONING CODE, ARTICLES 2A AND 213, TO EXEMPT BLOCKS WITH THREE OR FEWER HOME LOTS FROM FRONT SETBACK AVERAGING. WHEREAS, one f the main purposes of establishing mi imum front setback standards is to maintain a general co istency in the placement of homes long a street frontage; and WHEREAS, consiste t placement of homes in relatio to the street and to other homes on adjacent lots is one eleme that helps to define the char cter of a neighborhood; and WHEREAS, minimum se ack standards have var' d over time and some neighborhoods were intentionally built with d per or shallower fro t yards, and the zoning code contains setback averaging provisions tha allow or require v riation from the current minimum setback standards in cases where a majori of homes alo g a frontage have been built with deeper or shallower setbacks; and WHEREAS, while setback aver ing pry development to respond to the genera har street frontage and have worked well in e L reflects the neighborhood character, the ve frontages that contain only a few lots; and WHEREAS, on such short block fro tage- sufficient to establish a general charac r for a rvisions are intended to allow new or infill :ter that has already been established along a firing that homes are placed in a manner that raging formula does not work for very short averaging provision the placement of ust a co more restrictive setback requiremen for the re benefit; and the construction of one or two homes is not eighborhood and yet with the current setback I e homes would effectively establish a new is ing property on the frontage with no real WHEREAS, exempting frontag s containing three r fewer lots from the setback averaging provisions would prevent these ty es of unintended con \rviewed and WHEREAS, from time to tim ,zoning ordinance pr reviewed to make sure they are still relevant and effective; d WHEREAS, the Planning nd Zoning Commission these minor corrections to the zoning code and recom nd approval. NOW, THEREFORE, B IT ORDAINED BY THE CCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The C de of Ordinances of the City oIowa is hereby amended as follows: / A. Deleting sub - subparagraph 14- 2A- 4B -3e(1) and in substituting in lieu thereof: Where at least 50 percent of the lots along a frontage have keen developed and all of these developed lots are occupied by principal buildings th t are located at least 5 feet further from the street than the required front setback, the required front setback along the frontage is increased to the equivalent of the setback of the buildipg closest to the street. However, this averaging provision does not apply-, p fro ges that contain three or fewer lots. B. Deleting sub - subparagraph 14- 26- 46 -3e(1) and substituting in lieu thereof r F l�1,? Ordinance No. Page 2 Where at least 50 percent of the lots along a frontage have been developed and all of these developed lots are occupied by principal buildings that are located at least 5 feet further from the street than the required front setback, the required front setback along the frontage is increased to the equivalent of the setback of the building closest to the street. However, this averaging provision does not apply to frontages that contain three or fewer lots. C. Deleting paragrati 14- 26 -61 -1 and substituting in lieu thereof: The front setback fbf,,new buildings must t deviate more than 5 feet from the average setback of existin rincipal buildings ong the same frontage. Alternatively, for frontages than contain more n six lots, the average may be calculated based on the principal building setbacks on t four clos st lots along the same frontage to the lot containing the new building. Howe r, a w building shall not be located closer to the street than the existing principal bu in that is closest to the street along the same frontage. This setback standard supe edes the setback standards of the base zone. Frontages that contain three or fe r is are exempt from the provisions of this paragraph. SECTION 11. REPEALER. All ordin of this Ordinance are hereby repealed SECTION III. SEVERABILITY. adjudged to be invalid or uncon itutl Ordinance as a whole or an sec unconstitutional. SECTION IV. EFFECTI DATE approval and publication. and parts ol\ordinances in conflict with the provisions any section, provisio or part of the Ordinance shall be anal, such adjudication hall not affect the validity of the :ion, provision or part t reof not adjudged invalid or This Ordinance shall be in 0(ect after its final passage, Passed and approved his day of , 2012: MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office City of Iowa City MEMORANDUM Date: June 15, 2012 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Adjustment to the front setback averaging provisions in the Zoning Code One of the main purposes of establishing minimum front setback standards is to maintain a general consistency in the placement of homes along a street frontage. Consistent placement of homes in relation to the street and to other homes on adjacent lots is one element that helps to define the character of a neighborhood. Since minimum setback standards have varied over time and some neighborhoods were intentionally built with deeper or shallower front yards, the zoning code contains setback averaging provisions that allow or require variation from the current minimum setback standards in cases where a majority of homes along a frontage have been built with deeper or shallower setbacks. These averaging provisions are intended to allow new development or infill development to respond to the general character that has already been established along a street frontage. Averaging provisions are calculated by measuring setbacks of the homes along an entire frontage. A frontage includes all the lots from one intersecting street to the next street, in other words, along the same block face. While these setback averaging provisions have worked quite well in ensuring that homes are placed in a manner that reflects the neighborhood character, the averaging formula breaks down for very short frontages that contain only a few lots. There was a recent instance where a frontage contained only two lots and since a house was built on one of the lots with a front setback that was at least five feet further from the street than the required front setback, it forced the buyer of the other lot on the block to place their home further from the street than the required setback as well. As a consequence these buyers could not build the house as originally designed. To avoid these types of unintended consequences, staff recommends exempting frontages containing three or fewer lots from the setback averaging provisions. The proposed changes to the zoning code are set forth on the following page. The underlined text is the suggested new language and strike - through notation indicates tent that will be deleted. All other language in the subject code section will remain unchanged. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development Amend 14- 2A- 4B -3e(1) as follows: (1) Where at least 50 percent of the lots along a frontage have been developed and all of these developed lots are occupied by principal buildings that are located at least 5 feet further from the street than the required front setback, the required front setback along the frontage is increased to the equivalent of the setback of the building closest to the street. However, this averaging provision does not apply to frontages that contain three or fewer lots. Amend 14- 2B- 4B -3e(1) as follows: (1) Where at least 50 percent of the lots along a frontage have been developed and all of these developed lots are occupied by principal buildings that are located at least 5 feet further from the street than the required front setback, the required front setback along the frontage is increased to the equivalent of the setback of the building closest to the street. However, this averaging provision does not apply to frontages that contain three or fewer lots. Amend 14- 2B -61 -1, as follows: I. Additional Standards in the Central Planning District 1. Front Setbacks The front setback for new buildings must not deviate more than 5 feet from the average setback of existing principal buildings along the same frontage. Alternatively, for frontages than contain more than six lots, the average may be calculated based on the principal building setbacks on the four closest lots along the same frontage to the lot containing the new building. However, OR no instanre shall a new building shall not be located closer to the street than the existing principal building that is closest to the street along the same frontage. This setback standard supersedes the setback standards of the base zone. Frontages that contain three or fewer lots are exempt from the provisions of this paragraph. 4g Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ09- 00003) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 4.29 ACRES OF LAND LOCATED ON WALDEN ROAD, WEST OF MORMON TREK BOULEVARD FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS -8) ZONE TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS- 12) ZONE. (REZ09- 00003) WHEREAS, the applicant, Southgate Development Company, has requested a rezoning of Lot 79 of Walden Wood Subdivision, Part 7, located on Walden Road west of Mormon Trek Boulevard from Medium Density Single Family Residential (RS -8) Zone to High Density Single Family Residential (RS -12) Zone; and WHEREAS, the Comprehensive Plan's guidelines for new neighborhoods encourages the development of compact neighborhoods in close proximity to services and amenities; WHEREAS, the Southwest District Plan identifies this property as appropriate for single family or duplex residential development, but also states that the property will require careful design due to its topographic conditions and the unusual shape and size of the property; WHEREAS, the applicant has proposed townhouse -style, attached single family dwellings and has proposed clustering the dwellings along Mormon Trek Boulevard and Walden Road in order to provide dwellings that have a residential presence along the street frontages on this property that is unusually shaped with limited street frontage; and WHEREAS, the proposed lot layout allows vehicle access to all the dwelling units via a rear drive from Walden Road, making it unnecessary for additional access from Mormon Trek Boulevard, an arterial street; and WHEREAS, storm water run -off from this sloping site has caused drainage problems for adjacent properties to the south and the proposed concept plan for clustering the dwelling units along the street frontages will provide more room on the site for appropriate storm water detention facilities that will improve drainage; and WHEREAS, there is limited on- street parking on adjacent streets that may not be adequate to meet the needs for visitor parking for the increased density allowed by this rezoning unless additional visitor parking is provided on site; WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that any future subdivision plat substantially complies with the proposed lot layout with townhouse style, attached single family dwellings that present an attractive residential appearance along the street frontages, a rear drive with access limited to Walden Road, adequate on -site visitor parking to prevent congestion along neighboring streets; and storm water management that meets City standards; and WHEREAS, Iowa Code Section 414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the rezoning request; and WHEREAS, the applicantlowner acknowledges that certain conditions and restrictions are reasonable to ensure that development of this property complies with the Comprehensive Plan and addresses concerns regarding residential clustering, storm water management, vehicular access, and adequate off - street parking. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property legally described as Lot 79, Walden Wood Part 7, is hereby reclassified from its current zoning designation of Medium Density Single Family Residential (RS -8) Zone to High Density Single Family Residential (RS -12) Zone. 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 III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. 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 by law. Ordinance No. Page 2 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 2012. MAYOR ATTEST: CITY CLERK `i N Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 7/10/2012 Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns. NAYS: None. ABSENT: None. Second Consideration 7/31/2012 Vote for passage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: None. Date published Prepared by: Andrew Bassman, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ09- 00003) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City'l, and Walden Wood Lot 79 LLC (hereinafter "Owned. WHEREAS, Owner is the legal title holder of approximately 4.29 acres of property located on Walden Road, west of Mormon Trek Boulevard; and WHEREAS, the Owner has requested rezoning of said property from Medium - Density Single - Family Residential (RS -8) zone to High - Density Single - Family Residential (RS -12) zone; and WHEREAS, the applicant has proposed townhouse- style, attached single family dwellings and has proposed clustering the dwellings along Mormon Trek Boulevard and Walden Road in order to provide dwellings that have a residential presence along the street frontages on this property that is unusually shaped with limited street frontage; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that any future subdivision plat substantially complies with the proposed lot layout with townhouse style, attached single - family dwellings that present an attractive residential appearance along the street frontages, a rear drive with access limited to Walden Road, adequate on -site visitor parking to prevent congestion along neighboring streets; and storm water management that meets approval of the City Engineer; and WHEREAS, Iowa Code §414.5, as amended, provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the Southwest District Plan; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Southgate Development Company is the legal title holder of the property legally described as LOT 79, WALDEN WOOD PART 7 IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; SAID PARCEL CONTAINING 4.29 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest District Plan. Further, the parties acknowledge that Iowa Code §414.5, as amended, provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. Inconsideration of the City's rezoning the subject property, Owner agree(s) that development of the subject property will conform to all other requirements of the zoning chapter, as well as the foilowing conditions: a. At the time of development, the storm water management system will be designed and constructed in accordance with the design approved by the City Engineer, , including the required detention and outlet criteria. b. At the time of development, the storm water management system will be designed in a manner that will not exacerbate storm water drainage issues on adjacent properties. c. Development will be in general compliance with the submitted concept plan regarding site layout, lot configuration, and building orientation. d. Vehicular access to all of the units shall be from a rear lane that connects to Walden Road. e. No direct vehicular access shall be allowed from Mormon Trek Boulevard. f. At the time of development, a minimum of sic visitor parking spaces will be provided along the rear lane near the units that front on Mormon Trek Boulevard and each dwelling unit shall include a 2-car garage located behind the unit with access provided from the rear lane. 7. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5, as amended, and that said conditions satisfy public needs that are caused by the requested zoning change. 8. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 9. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force K and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 10. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 11. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded In the Johnson County Recorder's Office at the Applicant's expense. Dated this _ day of July, 2012. CITY OF IOWA CITY Matthew Hayek, Mayor Attest: Marian K. Karr, City Clerk A71ved 7 City Atto ey's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) WALDEN WOOD LOT 79 LLC By:Southgate Development Services, L.L.C. B . J seph T. Braverman, President On this day of , 2012, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation 3 executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Matthew J. Hayek and Marian K. Kan- acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the 4 day of July, 2012 by Joseph T. Braverman, President of Southgate Development Se ices, L.L.C., Manager of Walden Wood Lot 79 LLC. �..�� Notary Public in and for said County and State :v 4 4h Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5239 ORDINANCE NO. 12 -4486 — AN ORDINANCE VACATING AND CONVEYING AIR RIGHTS WITHIN THE PUBLIC RIGHT -OF -WAY LOCATED ADJACENT TO THE PROPERTY AT 114 SOUTH DUBUQUE STREET, IOWA CITY, IOWA. WHEREAS, the applicant, Mark Moen, is proposing to redevelop the property at 114 South Dubuque Street by demolishing the one -story bank building and replacing it with a 14 -story mixed - use building; and WHEREAS, the applicant has requested that the City vacate and convey to the applicant air rights starting at approximately 16 feet, eight inches above grade for a 4' x 44' section of the Dubuque Street public right -of -way in City Plaza that extends along the west property line of the subject property and a 4' x 56' foot section of public right -of -way in Blackhawk Park that extends along the north property line of the subject property to allow the top 13 floors of the proposed 14- story building to cantilever four feet over the public right -of -way; and WHEREAS, ensuring quality retail storefront space is one of the goals of the Central Business District; and WHEREAS, an economic development goal for the City is to provide new employment opportunities in the Downtown area and lack of available Class A office space has been identified as an impediment to achieving this goal; and WHEREAS, it is an economic development goal for the City to provide opportunities for high quality residential apartments and condominiums in the downtown area to attract permanent residents that will support a variety of businesses in the central business district and allow residents to live close to employment, shopping and other services in an urban environment; WHEREAS, the vacation will allow enough additional living space in the residential units to allow for balconies to be recessed with the building wall, which will create a more aesthetically pleasing building design and more usable outdoor space for tenants without sacrificing quality interior living space needed to attract permanent residents to Downtown; and WHEREAS, the vacation of air rights will provide for a superior overall design of the building; and WHEREAS, the vacation of air rights will provide the opportunity for a more pedestrian - friendly main floor retail space on a very constrained building site; and WHEREAS, the vacation of air rights will maximize the amount of Class A office space on levels 2, 3 and 4; and WHEREAS, the vacation of air rights will allow for recessed balconies on the residential levels and make the residential floor plans far more functional and marketable for long -term residents; and WHEREAS, given the short length of the building wall along the main pedestrian route within City Plaza (only 40 feet), the relatively minor depth of the cantilever (only four feet), and the approximate height (approximately 17 feet) at which the cantilever is proposed will be sufficient to prevent a dark, tunnel -like environment at the pedestrian level, which might otherwise result if allowed for a building with a larger footprint; and WHEREAS, given the small size of the building footprint combined with the fact that the subject property does not directly abut other buildings along Dubuque Street, the impacts on light, air and views along City Plaza and Blackhawk Park will be minor, and will not unduly block views of adjacent businesses or any important vistas within the community; and WHEREAS, on May 17, 2012, the Planning and Zoning Commission recommended City Council approve vacating air rights within the public right -of -way along the north and west lot lines of the property at 114 South Dubuque Street as described below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION AND CONVEYANCE. The City of Iowa City hereby vacates and conveys to Central Park L.L.C. air rights to that portion of public right -of -way starting at approximately 16 feet, eight inches above grade for a 4' x 44' section of the public right -of -way Ordinance No. 12- 448'6, Page 2 that extends along the west property line of the property at 114 South Dubuque and a 4' x 56' section of public right -of -way in Blackhawk Park that extends along the north property line of the property at 114 South Dubuque, as illustrated below and as legally described below: a m 0 t ALLEY PP.CPEPTY UNE All those air rights and all of the air space above a plane elevation of 16 feet 8 inches (16' 8 ") above existing grade over and above the following described real property located in Johnson County, Iowa, to wit: Commencing at the southwest corner of Lot 4 in Block 65, in Iowa City, Iowa, according to the recorded plat thereof, which point is the Point of Beginning; thence north 40 feet along the west line of said Lot 4; thence east 59 feet, 9 % inches along the north line of said Lot 4; thence north 4 feet; thence west 63 feet, 9 % inches on a line parallel with the north line of said Lot 4; thence south 44 feet on a line parallel with the west line of said Lot 4; thence east 4 feet to the Point of Beginning 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. Ordinance No. 12 -4486 Page 3 SECTION V. RECORDING AND EFFECT. This Ordinance shall be recorded and shall have the effect of conveying the above - described land to Central Park L.L.C. pursuant to Iowa Code Section 354.23. SECTION VI. CONSIDERATION. This vacation and conveyance is being made in consideration for $31,795. Passed and approved this 31st day of July , 2012. !!i � n MAYOR: Matt Hayek ATTEST: ,,,/ CITY CLERK App(e�dI3r. ity Atto ey's ce Ordinance No. 12 -448 6 Page 4 It was moved by Champion and seconded by Dickens Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton that the First Consideration 6/19/2012 Vote for passage: AYES: Dickens, Dobyns, Mims, Payne, Champion. NAYS: Hayek, Throgmorton. ABSENT: None. Second Consideration 7110/2012 Voteforpassage: AYES: Mims, Payne, Champion, Dickens, Dobyns. NAYS: Throgmorton, Hayek. ABSENT: None. Date published 81912012 Mfg Prepared by: Darian Nagle -Gamm, Traffic Engineering Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5247 ORDINANCE NO. 12 -4487 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS ", SUBSECTION C, ENTITLED "SCHOOL SPEED ZONES" TO CREATE A SCHOOL SPEED ZONE FOR BORLAUG ELEMENTARY AND REPEAL THE SCHOOL SPEED ZONE FOR ROOSEVELT ELEMENTARY WHEREAS, it is in the best interest of the City to define maximum allowable speeds for vehicles on public streets and highways; WHEREAS, the Iowa City Community School District has closed Roosevelt Elementary as of June 2012 and will open Borlaug Elementary in August of 2012; and WHEREAS, City Code Section 9- 3 -6(C) currently defines 20 MPH school speed zones for streets near for elementary schools; and 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 C, entitled "School Speed Zones" is hereby amended by deleting the following language: Name of Street Where Limit Applies Benton Street From Benton Drive to Hudson Avenue and adding the following language: Name of Street Where Limit Applies Kennedy Parkway From Camp Cardinal Boulevard to Camp Cardinal Place 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 31st day of July , 2012. ` AtA_ ( 4 ATTEST:�� MAYOR CITY CLERK Approved: City Attorney Page 1 of 1 Ordinance No. 12 -4487 Page 2 It was moved by Mims and seconded by Dobyns that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims _ x Payne x Throgmorton First Consideration 7/10/2012 Vote forpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns. NAYS: None. ABSENT: None. Second Consideration - -- Vote for passage: Date published 8/9/2012 Moved by Mims, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Hayek,Mims, Payne, Throgmorton, Champion, Dickens, Dobyns. NAYS: None. ABSENT: None. �2rm`=` _rr CITY OF IOWA CITY 7 MEMORANDUM Date: July 26, 2012 To: Tom Markus, City Manager From: Michael Moran, Director of Parks and Recreation Susan Craig, Library Director Linda Kopping, Senior Center Coordinator Michael Tharp, Operations Specialist Airport Chris O'Brien, Director of Transportation Services Re: Ordinance to allow alcohol possession and consumption in city buildings pursuant to administrative rule. Introduction: Amending this ordinance of restriction of alcohol on city property will allow the city to permit alcohol at various facilities and /or permit alcohol with restrictions on city property. History/Background: Several departments host fundraising events at city facilities and would like the opportunity to do so without being in violation of the current ordinance. The Parks and Recreation Department will be including new opportunities that would like to permit the use of alcohol at rental facilities on city property. The Transportation Services Department currently has lease property at the Court Street Transportation Center and has been approached by a tenant to allow for the sale and consumption of alcohol as a way to enhance the services that they provide. Discussion of Solutions: Due to the number of departments that are interested in pursuing this change within their facilities and on city property, legal staff felt that the amendment of this ordinance would be the best approach instead of asking for multiple exemptions as has been done in the past. Each individual department, with the assistance of the legal department, would be responsible for the creation of their own administrative rules based on their situations and what they wish to provide for or allow on city properties and /or facilities. Financial Impact: Positive financial impact for services received from rental events that provide alcohol and will be charged rental fees and other associated costs based on requests. Recommendation: Approve the ordinance amendment. t Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 3, CONSUMPTION OR POSSESSION IN PUBLIC PLACES AND CITY BUILDINGS, SUBSECTION B TO ALLOW FOR POSSESSION AND CONSUMPTION IN CERTAIN PARK BUILDINGS, PURSUANT TO ADMINISTRATIVE RULE; AND SUBSECTION C TO ALLOW FOR ALCOHOL POSSESSION AND CONSUMPTION IN CITY BUILDINGS PURSUANT TO ADMINISTRATIVE RULE. WHEREAS, several City departments are supported by charitable foundations, such as the Iowa City Public Library Friends Foundation, and the Friends of the Center; and WHEREAS, those foundations wish to hold fundraising events in the buildings they support, and wish to allow for the service of alcoholic beverages in these controlled environments; and WHEREAS, current Iowa City Code prevents the possession and consumption of alcoholic beverages in any City buildings; and WHEREAS, the City will soon be opening two structures, the Ned Ashton House and the Lodge at the Terry Trueblood Recreation Area, which would be appropriate for regulated consumption of alcoholic beverages by members of the public renting these structures; and WHEREAS, City staff does not presently support the expansion of alcoholic beverage use outside these structures in City parks; and WHEREAS, City staff wish to regulate the use of alcohol through administrative rules and a permitting process; and WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 3, CONSUMPTION OR POSSESSION IN PUBLIC PLACES AND CITY BUILDINGS, SUBSECTION B, is hereby amended by deleting it in its entirety and replacing it with the following language: B. A person shall not consume or possess an alcoholic beverage in a city park, except if said person has purchased said alcoholic beverage from an "authorized entity ", and is on an "authorized site ", as those terms are defined in this section', or is doing so pursuant to a permit issued by City staff. Any permit issued will abide by and incorporate administrative rules approved by the City Manager. This subsection shall not apply to the farmers' market or property within a city park that is leased to another entity for ninety -nine (99) years or more. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 3, CONSUMPTION OR POSSESSION IN PUBLIC PLACES AND CITY BUILDINGS, SUBSECTION C, is hereby amended by deleting it in its entirety and replacing it with the following language: C. A person shall not use or consume any alcoholic beverages in any city building, except a city building covered by a valid license or permit. Any permit issued will abide by and incorporate administrative rules approved by the City Manager. SECTION 11. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. 1 See also subsection 10 -9 -2F of this code. 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 2012. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 7/31/2012 that the Vote for passage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published � CITY OF IOWA CITY s k MEMORANDUM DATE: JULY 25, 2012 TO: THOMAS M. MARKUS, CITY MANAGER FROM: RICK FOSSE, DIRECTOR OF PUBLIC WORKS RE: SIDEWALK CAFES IN THE STREET At the July 10 work Session Jim Mondanaro presented the Council with a proposal to locate outdoor cafe seating in parking spaces in front of Micky's at 11 South Dubuque Street. Since then, staff has discussed the proposal amongst themselves and with some downtown business owners. Based on those discussions, staff recommends that the Council consider allowing the use of parking spaces for cafes with the following parameters: 1. A business cannot have a cafe in the street if there is sufficient room on the sidewalk for a cafe with an area of at least 120 square feet, which would allow for 8 chairs. For a point of reference, Quinton's is 120 square feet and Java House is 140 square feet. There are cafes smaller than this, such as Shorts and Thai Spice. 2. The cafe must have the consent of the adjacent building owner and first -floor tenant on both sides. 3. In no instance may the cafe extend across more than 50% of the adjacent building. 4. Cafes cannot utilize more than 30% of the total parking spaces in a block. This will limit the parking spaces utilized to no more than 3 per block. 5. Cafes cannot be located in loading zones. 6. There will be a minimum 4 foot buffer on either end of the cafe for safety reasons. These buffers areas can be used for moped parking. 7. Due to snow removal concerns, cafes cannot be set up before April 1 and must be taken down by the last home football game weekend. 8. The fees for cafes in the street will be a combination of 3 fees. The cafe will be located partially on the sidewalk, and the fee pursuant to Council resolution is $5 /square foot. The portion of the cafe located on the street will be on a platform, which presently is $10 /square foot. Additionally, the cafe operator will pay for each parking space, which Council has set by ordinance at $12 /day, regardless of how much of the space is included within the cafe. On a related matter, BoJames has requested to expand its cafe to the area within the City planter located to the south and west of BoJames. Section 10 -3 -3134 presently allows a cafe to be located in a City planter in City Plaza, and staff recommends that cafes be allowed in planters outside of City Plaza as well. The Saloon is the only cafe presently located within a City planter. On the agenda for July 31 is an ordinance that proposes to regulate sidewalk cafes primarily through Council policy rather than ordinance and thus will delete much of the current Code provisions. Staff will recommend expedited consideration, and the August 21 agenda will include a resolution adopting the sidewalk cafe policy, which will include much of the current code provisions and the policy for cafes in the street. Copy to: Eleanor M. Dilkes Geoff Fruin Marian K. Karr Kim Sandberg Jeff Davidson Sue Dulek Chris O'Brien Mike Moran Sheri Thomas C.l Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10, ENTITLED USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO REGULATE SIDEWALK CAFES PRIMARILY BY POLICY AND ADMINISTRATIVE RULES. WHEREAS, sidewalk cafes are a use of the public right of way in the CB2, CB5, and CB10 zones that require a temporary easement agreement; and WHEREAS, the City should streamline the process to obtain an easement agreement and regulate sidewalk cafes by means of Council adopted policy and administrative rules; and WHEREAS, it is in the City's interest adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," is eliminated in its entirety and the following new Section 3 is substituted in lieu thereof: A. Sidewalk cafes are permitted in the public right of way only in the CB -2, CB -5 and CB -10 zones (the downtown and the commercial areas directly north and south of the downtown). B. No person shall operate a sidewalk caf6 without executing an easement agreement. C. Each sidewalk caf& applicant shall file an application for an easement agreement with the Public Works Department, on forms provided by the City. D. The City Manager, or designee, shall either grant or deny the application within thirty (30) days of the application being filed. If the application is granted, the City Manager, or designee, is authorized to enter into a public right of way easement agreement. If the application is denied, the applicant may appeal to the City Council by filing a written appeal with the City Council, and the appeals process shall be the same as provided for mobile vendors in this chapter. The City retains the right to limit the number of sidewalk cafes. E. After execution of an easement agreement, the City Manager, or designee, shall retain the right to terminate the easement agreement but only after written notice of violation has been given and the time to cure the violation has expired. Grounds for termination of the easement agreement shall include, but not be limited to, repeated violations of the state and liquor control laws, violations of the easement agreement, and creating a safety hazard, health hazard and /or public nuisance under state or local law. Additionally, the City Manager, or designee, retains the right to terminate the easement agreement and direct removal of sidewalk cafe operations if there is a substantial and reasonable need for use of the public right of way for a valid public purpose. The cafe owner has the right to appeal a decision to terminate the agreement to the City Council. The appeals process shall be the same as provided for mobile vendors in this chapter. F. The easement agreement, at a minimum, shall require the caf6 operator 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 caf6. G. Sidewalk cafes shall operate only between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight. H. Food and beverages must be available for service to patrons in a sidewalk cafe during all hours of operation. Sidewalk cafes shall not operate when the restaurant kitchen is closed. I. A sidewalk cafe serving alcoholic beverages shall have an employee monitoring the area at all times during the hours alcohol is consumed and dispense any alcoholic beverage must do so under state and local law. Amplified sound equipment shall not be permitted K. The operation of any sidewalk cafe shall be in conformity with all applicable federal, state, and local laws and regulations. All fees for the operation of a sidewalk cafe shall be set by resolution. M. The City Manager is authorized to establish administrative rules not inconsistent with any ordinance or policy adopted by the City Council. A copy of the policy and rules shall be on file with the City Clerk and available of the City website. 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. 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 2012. MAYOR 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: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 7/31/2012 Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published