HomeMy WebLinkAbout2014-03-25 Ordinance5b
Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ12- 00001)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING 8.7 ACRES OF PROPERTY FROM
NEIGHBORHOOD COMMERCIAL (CN -1) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE
LOCATED WEST OF MORMON TREK BOULEVARD, NORTH OF WESTWINDS DRIVE. (REZ12-
00001)
WHEREAS, the applicant, Southgate Development Services, L.L.C., has requested a rezoning of
property located west of Mormon Trek Boulevard and north of Westwinds Drive from Neighborhood
Commercial (CN -1) to Community Commercial (CC -2); and
WHEREAS, the Comprehensive Plan- Southwest District Plan indicates that the subject property is
appropriate for community commercial use; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval with conditions limiting outdoor storage, freestanding signs, and drinking
establishments in order to ensure that the commercial area remains compatible with the surrounding
established residential neighborhood; and
WHEREAS, Iowa Code §414.5 (2013) 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 owners and applicant have agreed that the conditions of the Conditional Zoning
Agreement attached hereto to ensure appropriate development in this area of the city.
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 described below is hereby reclassified from its current zoning designation of Neighborhood
Commercial (CN -1) to Community Commercial (CC -2):
Lots 3, 4 & 5, Walden Square Part Two as recorded in Plat Book 33, Page 226.
SECTION II. 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. 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 record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 12014.
MAYOR
ATTEST:
CITY CLERK
Ordinance No.
Page 2
Appfoved by /
City Attorney's Office
Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ12- 00001)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING 8.7 ACRES OF PROPERTY FROM
NEIGHBORHOOD COMMERCIAL (CN -1) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE
LOCATED WEST OF MORMON TREK BOULEVARD, NORTH OF WESTWINDS DRIVE. (REZ12-
00001)
WHEREAS, the applicant, Southgate Development Services,
property located west of Mormon Trek Boulevard and north of
Commercial (CN -1) to C r\rlmunity Commercial (CC -2); and
WHEREAS, the Co prehensive Plan- Southwest District Plan
appropriate for community o►i�mercial use; and
WHEREAS, Iowa Code ' 4.5 (2013) provides that the City
conditions on granting an ap fcant's rezoning request, over and
satisfy public needs caused by the,�r . uested change; and
WHEREAS, the Planning and\,2cning, Commission has revi
recommended approval with conditions limiting outdoor stor gE
establishments in order to ensure than, h.e commercial area em
established residential neighborhood; ands
L.L.C., has requested a rezoning of
Westwinds Drive from Neighborhood
indicates that the subject property is
of/ Iowa City may impose reasonable
Il�ove existing regulations, in order to
Ned the proposed rezoning and has
s, freestanding signs, and drinking
ains compatible with the surrounding
WHEREAS, the owner and applicant have agreed at the conditions of the Conditional Zoning
Agreement attached hereto to ensure appropriate;develop ent in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described w is hereby reclassified from its current zoning
designation of Neighborhood Commercial (CN -1) to Community Commercial (CC -2):
LEGAL DESCRIPTION
Lots 3, 4 & 5, Walden Square Vart Two as recorded)n, Plat Book 33, Page 226.
SECTION II. ZONING MAP. The Building Inspector is hereby au orized and directed to change the
zoning map of the City of Iowa City, �11a, to conform to this amendment pon the final passage, approval
and publication of this ordinance by la
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, at the
office of the County Recorder of J, hnson County, Iowa, at the owner's expense, all a rovided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with a provisions of this
Ordinance are hereby repeale , .
SECTION V. SEVERAS LITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutiona 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.
MAYOR
ATTEST:
CITY CLERK
4 App oved by
Ci Attorney's Office /, ,,//y
Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ12- 00001)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), Walden Square Investments LC, (hereinafter "Owner "), and Southgate
Development Services, L.L.C. (hereinafter "Applicant ").
WHEREAS, Owner is the legal title holder of approximately 8.70 acres of property
located west of Mormon Trek Boulevard and north of Westwinds Drive; and
WHEREAS, the Owner has requested the rezoning of said property from Neighborhood
Commercial (CN -1) to Community Commercial (CC -2); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding outdoor storage, freestanding signs, and drinking establishments, the
requested zoning is consistent with the Comprehensive Plan and compatible with the
surrounding established residential neighborhood; and
WHEREAS, the conditions controlling building design, outdoor storage, freestanding
signs, and drinking establishments, are intended to minimize externalities that may conflict with
adjacent residential uses and to ensure the shopping center continues to serve the
neighborhood and function as an asset to the surrounding residential uses: and
WHEREAS, Iowa Code §414.5 (2013) 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 need for compatibility with the surrounding residential neighborhood; 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. Walden Square Investments LC is the legal title holder of the property legally described
as "Lots 3, 4 & 5, Walden Square Part Two as recorded in Plat Book 33, Page 226."
2. The Owner and Applicant acknowledge 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 (2013) 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. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
ppdadmlagt/rezl2 -00001 conditional zoning agreement.doc
zoning chapter, as well as the following conditions:
• Future development or redevelopment must adhere to the CN -1 standards for
Outdoor Storage and Display and Building Design (Iowa City Code of Ordinances
Sections 14 -2C -7K through O, as amended);
• Any outdoor display shall be limited to 1,000 square foot;
• Development of the property shall be limited to the one existing freestanding sign;
• The occupancy load for any new drinking establishment will not exceed one hundred
(100) unless a special exception is approved allowing an increase to a maximum of
one hundred, twenty -five (125).
4. The Owner, Applicant, and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that
said conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner, Applicant 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.
6. 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
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.
7. The Owner and Applicant acknowledge 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.
8. 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 12014.
CITY OF IOWA CITY Walden Square Investments LC
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
ppdadmlagt/rez12 -00001 conditional zoning agreement.doc 2
0
Southgate Development Services, L.L.C.
0
Approved by:
My- Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on 20_ by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on
,as
20_ by
of , Inc.
Notary Public in and for said County and State
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on 20_ by
as of . L.L.C.
Notary Public in and for said County and State
ppdadm /agUrezl2 -00001 conditional zoning agreement.doc 3
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Sarah Walz
Item: CPA12- 00006 /REZ12- 00001/ Date: January 16, 2014
Comp Plan Amendment and Rezoning
CN -1 to CC -2 Walden Square
GENERAL INFORMATION:
Applicant: Southgate Development Services
755 Mormon Trek Boulevard
Iowa City, Iowa, 52246
Contact Person:
Phone:
Glenn Siders
755 Mormon Trek Boulevard
Iowa City, Iowa, 52246
319- 337 -4195
asiders(a )s dq_ev.net
Requested Action: Comprehensive Plan Amendment to change the
Future Land Use Map
Rezoning from CN -1 to CC -2
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
45 Day Limitation Period:
8.7 acres
Shopping Center - CN -1
North: Residential - RM -12
South: Residential and commercial - OPD /RS -12
and CN -1
East: Single family residential - RS -5
West: Residential - RM -12, OPD /RS -12, P-
Southwest District Plan — Neighborhood Commercial
December 13, 2012
Waived while applicant and staff investigated
various options.
BACKGROUND INFORMATION:
The applicant is requesting a Comprehensive Plan Amendment and rezoning for the 8.7 -acre
shopping center (Lots 3, 4, 5 of Walden Square Part Two on Mormon Trek Boulevard) to allow the
Neighborhood Commercial (CN -1) zone to be reclassified as Community Commercial (CC -2)
zone.
The applicant believes that present market demand calls for expansion of commercial uses
beyond what is allowed in the CN -1 zone. For example, Southgate would like to expand its real
estate development and management office within Walden Square into an adjacent vacant
2
storefront. The CN -1 zone limits ground floor office space to 2,400 square feet and places other
size limitations retail and eating and drinking establishments. The applicant notes that the build -
out of the commercial area and the success of its existing uses make big -box style retail or
automobile centered uses unlikely.
The Southwest District Plan Map, shows this area as appropriate for neighborhood commercial,
so an amendment to the Comprehensive Plan will be necessary for this rezoning to be approved.
The applicant has indicated that they have chosen not to use the "Good Neighbor Policy" and
have not had discussions with neighborhood representatives, however letters from
representatives two other businesses located in the shopping center (Fareway Food Stores and
the University of Iowa Community Credit Union) indicate that they have no objection to the
proposed rezoning.
ANALYSIS:
The Comprehensive Plan calls for commercial development to occur in defined nodes, including
small -scale commercial centers, typically located at the intersection of two arterial streets. The
plan calls for appropriate transitions between commercial areas and residential zones. The
neighborhood commercial section of the plan notes that certain aspects of commercial
development, such as auto - oriented uses, parking lots, bright lights, and signage need to be
located, screened or buffered so they do not detract from nearby residential uses.
The Southwest District Plan describes the focus of Walden Square commercial development as a
mix of retail services that provide for the everyday shopping needs of the surrounding residential
neighborhoods. This continues to be true with the established full - service grocery store,
pharmacy, and bank. Improved pedestrian crossings on Mormon Trek Boulevard and established
trees and landscaping have made the area more appealing and safe for pedestrians. The Willow
Creek Trail runs adjacent to Walden Square, allowing neighborhood residents to bike and walk to
these shops, however most commercial customers do travel by car.
The Southwest District Plan cites Mormon Trek Boulevard as one of the arterial streets forming
the backbone of the transportation network in the district, providing a vital north -south connection
between Highway Six in Coralville and Highway One in Iowa City. It is one of the only direct north -
south connections that crosses the west University campus. According to the district plan,
Mormon Trek serves two important functions: providing travel routes for vehicles, bicyclists, and
pedestrians through and to different parts of the community; and providing access to adjacent
neighborhoods via collector and local streets. The Johnson County MPO is in the process of
preparing a plan to address traffic concerns along Mormon Trek Boulevard, and specifically near
the intersection with Benton Street. Because the shopping center is already fully developed and
no expansion of the zone is being proposed, it is unlikely that significant increases in traffic would
result from the proposed change in zoning.
The Southwest District Land Use Map depicts Walden Square as appropriate for neighborhood
commercial development. If this rezoning is to be approved the plan map should be amended to
show general commercial development.
Current Development
Since its original development and CN -1 zoning designation, several successful businesses have
established in the shopping center: Fareway Foods, Hartig Drug, and the University of Iowa
Community Credit Union in addition to a laundromat, coffee shop, and a number of restaurants.
Other than the Walmart store on Highway 6 and the future Aldi to be located on Highway 1 near
Ruppert Road, Walden Square has provided the only full - service grocery and pharmacy on the
3
west side of Iowa City. While these uses serve the immediately adjacent neighborhoods, the
shopping center draws heavily from the entire west side of Iowa City in addition to University
Heights and portions of Coralville. Given the limited overall size of the shopping center, Staff
believes amending the Comprehensive Plan and changing the zoning is unlikely to undermine the
established retail uses or substantially increase the intensity or the overall use of the center, but
will allow more flexibility for expanding existing uses and renting space as vacancies occur. The
change to general commercial seems appropriate given the shopping center's central location for
westside neighborhoods and its ready access via Mormon Trek Boulevard and Benton Street.
Current Zoning
The intent of the CN -1 zone is to promote a unified grouping of small -scale retail sales and
personal - service uses in a neighborhood shopping area that primarily serves nearby residential
neighborhoods. The standards for the zone promote pedestrian- oriented development with site
design, building articulation, scale, and proportion typical of traditional main street design at an
intensity level compatible with the surrounding residential neighborhoods. Allowed uses are
restricted in size to reserve opportunities for smaller, neighborhood - serving businesses, and to
limit adverse impacts on nearby residential areas. CN -1 zones are generally located with direct
access to an arterial street. CN -1 zones may not exceed 10 acres in size.
Proposed Zoning
The intent of the CC -2 zone is to provide for business districts that serve a significant segment of
the community. In addition to a variety of retail goods and services, these centers may feature
large traffic generators requiring access from major thorough fares. While these centers are
usually characterized by indoor operations, outdoor activities are allowed so long as they are
screened or buffered to ensure compatibility with surrounding uses.
Comparison of CNA and CC -2 zone
Although both the CN -1 and CC -2 zone allow a wide variety of office, retail, restaurant, and
personal service uses, the CN -1 zone places limits on the size of these uses to help assure that
businesses are appropriate in scale for a neighborhood shopping area.
• Offices are limited to 2,400 square feet on the ground level (per business). If two floors are
used, additional office space is permitted up to 5,000 square feet. The purpose of this
provision is to help assure that offices that locate in the zone are of a type and scale that
serve nearby neighborhoods and to reserve ground floor space for uses such as retail,
restaurants, and personal services (e.g. barbers and hair stylists).
• Drugstores and hardware stores are limited to 15,000 square feet of gross floor area;
grocery stores are limited to 30,000 square feet of gross floor area.
• Grocery stores that include other departments for goods such as pharmacies, my contain up
to 40,000 square feet, provided that any floor area that exceeds 30,000 square feet is
departmentalized for nonfood products and services.
• Other retail sales uses are limited to 2,400 square feet, though they may be enlarged to
5,000 square feet by special exception so long as the increased floor area will be
supportable primarily by residents of the surrounding area.
• Indoor recreational uses are limited to 5,000 square feet.
• Eating and Drinking establishments are limited to an occupancy load of 100, but may be
expanded to 125 by special exception if the additional space can be supported by residnets
of the surrounding area.
The CN -1 zone prohibits drive - through restaurants. Drive - through restaurants are allowed in the
CC -2 zone only by special exception. Both zones allow apartments above ground floor
commercial uses: CC -2 zones allow multi - family dwellings by special exception; CN -1 allows
4
multi - family dwellings as provisional uses.
The CN -1 zone does not allow outdoor storage and display- oriented retail, production, general
and light/technical manufacturing, or wholesale sales uses; the CC -2 zone allows these only as
provisional uses. An example of an outdoor storage and display retail use that, in Staff's opinion,
would not be compatible with the current development in the area would be a vehicle sales lot.
Given the existing build -out of the shopping center, a vehicle lot seems unlikely in the foreseeable
future. The CC -2 zone does allow quick vehicle servicing (gas stations) as a provisional use and
vehicle repair uses by special exception.
The commercial site development standards that apply to the CC -2 zone are not as restrictive as
those that apply to the CN -1 zone in which buildings be constructed close to the street (5 feet from
the street ROW line), with parking located behind. Walden Square was developed prior to the
adoption of current CN -1 site development standards so those standards only apply to new
development and only where it is feasible to bring new structures into compliance. The CN -1 zone
also has more stringent building design standards: a minimum of 50 percent of the building fagade
between 2 and 10 feet in height must comprised of windows and doors with views into the interior
space or be display windows set into the wall, and building walls are limited to 270 feet in length.
The CC -2 zone does not place a limit on wall length. Large retail uses (those over 50,000 square
feet) in the CC -2 zone a required to have street - facing walls broken into distinct modules with
recesses and change in materials or textures or other architectural detail. The CN -1 zone does
not allow freestanding signs, which are permitted in the CC -2 zone.
SUMMARY
The proposed amendment to the Comprehensive Plan and CC -2 rezoning reflects the locational
convenience of Walden Square and the intersection of Mormon Trek Boulevard and Benton
Streets. Over time the shopping center has come to be viewed as a convenient location for
essential daily /weekly shopping for much of the west side of Iowa City —not unlike the CC -2 area
at the intersection at First Avenue and Muscatine on the east side of Iowa City. Moreover, the
demand for certain types of bricks and mortar retail uses has changed over the years such that it
may be more and more difficult to fill small retail spaces. Meanwhile, a number of uses that have
remained more viable such as restaurants, grocers, drugstores, and offices often demand
additional space. However, staff believes there are certain building and site developmental
requirements of the CN -1 zone that should be maintained in order to ensure the shopping center
continues to be aesthetically and functionally compatible with the surrounding residential
neighborhood. These requirements include restrictions on freestanding signs and outdoor storage
and display and requirements that address building bulk and articulation, street level windows,
and building entrances.
STAFF RECOMMENDATION:
Staff recommends that CPA12- 00006 /REZ12 -00001 an application submitted by Southgate
Development Services for a Comprehensive Plan Amendment to change the land use map
designation of Walden Square from Neighborhood to General Commercial and a rezoning from
Neighborhood Commercial (CN -1) zone to Community Commercial (CC -2) zone for
approximately 8.70 -acres of property located west of Mormon Trek Boulevard, north of
Westwinds Drive, be approved subject to the following conditions:
• Future development or redevelopment must adhere to the CN -1 standards for Outdoor
Storage and Display and Building Design (14 -2C -7K through O);
• No additional freestanding signs;
• A 1,000 square foot limit on outdoor storage and display.
5
ATTACHMENTS:
1. Location Map
2. Statement from Applicant
3. CN -1 site development standards (14 -2C -7K through O)
4. Correspondence
Approved b
pp :
Y
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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Applicants Statement
The surrounding area of Walden Square has changed since its original CN -1 zoning designation.
The areas directly to the north, west and south have developed as a higher density residential
area. The ease is comprised of single family dwellings.
Today Walden Square serves much larger area than just the adjacent neighborhood which is
the intent for CN -1 zoning. Walden Square serves the entire west side of Iowa City. The
complex is 100% constructed and the threat of big-box development occurring.is unfounded.
Very large percentages of the people that visit the complex commute by automobile and
experience little pedestrian traffic. Current market demands call for larger expansions of
existing businesses than the CN -1 zoning-allows. This is particularly true with offices.
The conversion from CN -1 to CC -2 zoning will not create any nonconforming uses. The complex
has both commercial and residential uses. Both of these will comply with the CC -2 criteria. The
use of this property will not change, merely the zoning.classification.
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PAGE 2C -22 14 -2C
Commercial Zones
H. Pedestrian, Bicycle, and Vehicular Circulation
1. Pedestrian access must be provided to adjacent residential areas and to abutting
rights -of -way. The sidewalks provided on -site must connect to adjacent public
sidewalks and trails.
2. Each commercial tenant space must be accessible from other tenant spaces by
sidewalks or other approved pedestrian routes. Pedestrian routes must be
continuous, clear of obstructions, and easily identifiable as a protected pedestrian
route.
3. Pedestrian routes must be separated from parking and vehicular use areas by curbs,
landscaping or other physical barriers. When pedestrian paths cross drives, aisles,
and vehicle travel lanes they must be clearly identified with materials such as
textured or brick paving, and must be integrated into the wider network of pedestrian
walkways. Pavement textures are encouraged elsewhere in the parking lot as
surface materials or as accents.
4. Parking lot layout and design must promote safe and convenient pedestrian and
vehicular circulation. Protected pedestrian walkways, leading to sidewalks that abut
store entrances, must be provided within parking lots.
5. Bicycle parking facilities must be located in convenient areas of the development and
must be located so as not to impede pedestrian or vehicular traffic.
I. Landscaping and Screening
1. All areas of the site that are not used for buildings, parking, vehicular and pedestrian
access, sidewalk cafes and plazas, must be landscaped with trees and plant
materials, A landscaping plan must be submitted for site plan review.
2. Parking areas, loading areas, and drives must be screened from public rights -of -way
to at least the S2 standard (See Article 14 -5F, Screening and Buffering Standards).
3. Parking areas, loading areas, and drives must be screened from view of abutting
properties to, at least the S2 standard. Additional screening is required for properties
that abut properties zoned Residential. Parking areas, loading areas, and drives must
be screened from view of any abutting property zoned Residential to at least the S3
standard. The City may exempt from this landscaping requirement any specific
locations along a side or rear lot line where a parking area, aisle or drive is shared
with an abutting lot.
4. Screening may be waived by the Building Official where the view is or will be blocked
by a significant change in grade or by natural or human -made features, such that
screening is effectively provided and the intent of the standard is met, as determined
by the Building Official.
J. Mechanical Structures
All mechanical structures must be set back and screened from public view according to the
applicable provisions set forth in Article 14 -4C, Accessory Uses and Buildings.
K. Outdoor Storage and Display
1. Outdoor storage of materials is not permitted in the CN -1 Zone.
2. Outdoor display of materials is not permitted, except in the following situations:
Title 14: Iowa City Zoning Code Revised 1 -5 -12
PAGE 2C -23 14 -2C
Commercial Zones
a. Outdoor display of merchandise for immediate sale is permitted in areas ;
immediately adjacent to a principal building. However, the display area may not
be located along any building wall that is within 20 feet of a public street and
may not be located in a manner that obstructs building entrances and exits,
sidewalks, bicycle parking areas, pedestrian routes, or vehicular use areas.
b. An approved Temporary Use. A temporary use permit is required (See Chapter
4, Article D of this Title).
3. The storage of combustible or flammable materials or liquids is strictly regulated
according to the provisions of Chapter 5, Article H, Performance Standards and
according to the International Fire Code, as amended.
L. Street -level Windows
A minimum of 50 percent of the building fagade between 2 and 10 feet in height from the
adjacent exterior grade must be comprised of windows and doors. Such windows must
allow views into the interior space or be storefront display windows that are set into the
wall. Display cases attached to the outside building wall do not qualify. The bottom of
such windows must be no more than 4 feet above the level of the adjacent sidewalk (See
Figure 2C.2).
Figure 2C.2 - Storefront Window Example
Unacceptable
M. Building Bulk and Articulation
Acceptable
1. The maximum length of any building wall is 270 feet. This standard applies whether
the building contains a single business or multiple businesses or storefronts.
2. For buildings greater than 50 feet in width, the horizontal plane of any street- facing
facade of the building must be broken into modules that give the appearance of
smaller, individual storefronts. These modules must meet the following standards.
a. Each module must be no greater than 50 feet in width.
b. Each module must be distinguished from the adjacent module by at least three
of the following means:
(1) Variation in the wall plane by recessing a building module from the
adjacent building module;
(2) Variation in material colors, types or textures;
(3) Variation in the building and /or parapet height;
Title 14: Iowa City Zoning Code Revised 1 -5 -12
PAGE 2C -24 14_20
Commercial Zones
(4) Variation in the architectural details such as decorative banding, reveals,
stone, or file accents;
(5) Break or variation in window pattern;
(6) Variation in the use of upper floor balconies and recesses.
3. For buildings that are 50 feet or less in width, at least every 12 feet in length of the
street - facing wall must be articulated by a window, doorway, perceptible change in
the wall plane, setback, artwork, or a change in building material.
N. Building Entrances
1. Primary building entries must be distinguished by at least two of the following means:
a. Canopies or awnings;
b. Recesses;
c. Raised cornice or similar architectural features;
d. Architectural details, such as tile work and moldings that are integrated in the
building structure and design.
2. To encourage commercial activity at the street level, entrances to storefronts and the
ground -level floor height should be no more than one foot above the level of the
abutting sidewalk or pedestrian plaza. On sloping building sites and for existing
buildings, the City may adjust this requirement. However, on sloping sites at least a
portion of the ground level floor height of any new building must be located no more
than one foot above the level of the abutting sidewalk or pedestrian plaza; and the
floor height of the ground -level floor of the building must be no more than 3 feet
above the level of the abutting public sidewalk or pedestrian plaza at any point along
a street - facing building fa5ade.
O. Balconies, exterior stairways, corridors and lifts
For purposes of this subsection the term, "exterior stairways," refers to stairways that lead
to floors of a building that are above the first or ground -level floor of a building. "Exterior
corridors" refers to unenclosed corridors located above the first or ground -level floor of a
building. Balconies and exterior stairways, exterior corridors and exterior lifts must comply
with the following standards:
1. Exterior stairways, exterior corridors, and exterior lifts are prohibited. The City may
allow exterior fire egress structures on existing buildings that cannot otherwise
reasonably meet code requirements, provided the fire egress structure is not located
on a wall of a building that faces a street.
2. Balconies may not be located on any side of a building that is adjacent to a property
that is zoned Single Family Residential.
3. The outer edge of a balcony shall not be closer than 4 feet from a side lot line.
4. The design of any balcony must utilize columns, piers, supports, walls, and railings
that are designed and constructed of materials that are similar or complementary to
the design and materials used for the rest of the building. Unpainted and unstained
lumber is not permitted.
Title 14: Iowa City Zoning Code Revised 1 -5 -12
C..
OF IOWA COMMUNITY CREDIT UNION
POST OFFICE BOX 2240, IOWA CITY, IOWA 52244 -2240
January 9, 2012
Glenn Siders
Southgate Development Services
755 Mormon Trek Boulevard
Iowa City Iowa 52246
Mr. Siders,
The University of Iowa Community Credit Union appreciates the effort, communication and information you
have provided during your due diligence for the rezoning of Waldon Square.
At this time, we have no objection to the change in zone you are requesting to CC -2. We will continue to follow
the progress and information provided by the City of Iowa City and Southgate Development.
Please let me know if I maybe of assistance in some way.
Respectfully,
University of Iowa Community Credit Union
6-e-'W-
Dick Noble
Sr VP
IOWA AVENUE MORMON TREK TOWNCREST IMU CORALVILLE NORTH LIBERTY GRINNELL HIAWATHA VINTON
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IOWA AVENUE MORMON TREK TOWNCREST IMU CORALVILLE NORTH LIBERTY GRINNELL HIAWATHA VINTON
January 17, 2012
Mr. Glenn Siders
Southgate Development Services ( "Southgate ")
755 Mormon Trek Boulevard
Iowa City, Iowa 52246
SENT VIA EMAIL TO: gsiders6Dsgdev.net
Dear Glenn:
It is Fareway's understanding that Southgate's offices are located in the strip center building
directly north of our west Iowa City Fareway store. Presently, it appears all of the commercial
space north of Westwinds Dr. and west of Mormon Trek Boulevard is presently zoned CN -l.
Fareway further understands that you are considering expanding into that space, but under
current CN -1 zoning, Southgate cannot do so, as that space together with your current office
space, exceeds the size limitations of the CN -1 zone. Accordingly, per your request and our
conversation, at this time, Fareway Stores, Inc. does not have any objection to your request to
rezone this area to CC -2 in order to expand your office use.
Should you have any questions, do not hesitate to contact me.
Sincerely,
Garre iklapp
Secretary /General Counsel
Fareway Stores, Inc.
Corporate Offices
EC0MO VCICAL
2300 E. 8th Street
Boone, Iowa 50036 -0070
STORES
515- 432 -2623
Fax: 515- 433 -4416
J
January 17, 2012
Mr. Glenn Siders
Southgate Development Services ( "Southgate ")
755 Mormon Trek Boulevard
Iowa City, Iowa 52246
SENT VIA EMAIL TO: gsiders6Dsgdev.net
Dear Glenn:
It is Fareway's understanding that Southgate's offices are located in the strip center building
directly north of our west Iowa City Fareway store. Presently, it appears all of the commercial
space north of Westwinds Dr. and west of Mormon Trek Boulevard is presently zoned CN -l.
Fareway further understands that you are considering expanding into that space, but under
current CN -1 zoning, Southgate cannot do so, as that space together with your current office
space, exceeds the size limitations of the CN -1 zone. Accordingly, per your request and our
conversation, at this time, Fareway Stores, Inc. does not have any objection to your request to
rezone this area to CC -2 in order to expand your office use.
Should you have any questions, do not hesitate to contact me.
Sincerely,
Garre iklapp
Secretary /General Counsel
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All
CITY OF IOWA CITY
MEMORANDUM
Date: January 31, 2014
To: Planning and Zoning Commission
From: Robert Miklo, Senior Planner
Re: CPA12- 00006 /REZ12 -00001 Walden Square
The Commission deferred consideration of these two items from the January 16 meeting. There
was a concern about the potential for new drinking establishments within Walden Square if the
property is rezoned to Community Commercial (CC -2). Drinking establishments are allowed in
both the Neighborhood Commercial (CN -1) and CC -2 zone. Drinking establishments are
unrestricted in size in the CC -2 zone, but limited to an occupancy of 100 with the possibility of a
special exception to increase that to 125 in the CN -1 zone. To address this concern, the
applicant would agree to a condition restricting the size of any new drinking establishment to the
same as allowed in the CN -1 zone.
Staff recommends that CPA12- 00006 /REZ12 -00001 an application submitted by Southgate
Development Services for a Comprehensive Plan Amendment to change the land use map
designation of Walden Square from Neighborhood to General Commercial and a rezoning from
Neighborhood Commercial (CN -1) zone to Community Commercial (CC -2) zone for
approximately 8.70 -acres of property located west of Mormon Trek Boulevard, north of
Westwinds Drive, be approved subject to the following conditions:
• Future development or redevelopment must adhere to the CN -1 standards for
Outdoor Storage and Display and Building Design (14 -2C -7K through O);
• No additional freestanding signs;
• A 1,000 square foot limit on outdoor storage and display;
• The occupancy load for any new drinking establishment will not exceed one hundred
(100) unless a special exception is approved allowing an increase to a maximum of
one hundred twenty five (125).
Planning and Zoning Commission
February 6, 2014 - Formal
Page 2 of 10
County Affordable Homes Coalition, in regard to the letter submitted by Sally Scott in the packet
proposing an amendment to the Comprehensive Plan. Miklo counseled that the organization
could pay a fee and initiate an amendment or the Commission could initiate the amendment and
put it on an agenda to discuss.
Comprehensive Plan Item
CPA12 -00006 and REZ12 -00001
A public hearing for a Comprehensive Plan Amendment to amend the Southwest District
Plan to change the land use designation of property located west of Mormon Trek
Boulevard, north of Westwinds Drive (Walden Square) from Neighborhood Commercial to
General Commercial; and a rezoning of 8.7 acres of property from Neighborhood
Commercial (CN -1) to Community Commercial (CC -2) zone located at Walden Square.
Miklo said at the last meeting the full staff report was presented and there were subsequent
questions that staff would like to address tonight. How would Community Commercial (CC -2)
possibly affect the surrounding neighborhood versus the Neighborhood Commercial (CN -1). He
said staff believes that the established design and layout of the shopping center is compatible
with the residential neighborhood and that distance, topography, and the presence of a
stormwater basin provide separation and buffering from the commercial site. He noted that in
addition staff recommending conditions that were explained in detail in the staff report, the
applicant has agreed to a condition that any new drinking establishment in the shopping center
would comply with the current CNA requirements.
Miklo said in reply to the Commission's question of how many existing CNA zones are in the
city that in addition to Walden Square, there is the Northside shopping area (Ace Hardware) at
Dodge and Church Street, the Hy -Vee at Dubuque Road and Dodge Street, Rochester and First
Avenue, Court Street and Scott Boulevard, a vacant CNA zone at the east end of Court Street,
and another near the Saddlebrook development in far southeast Iowa City. Walden Square is
the largest of all the CNA zones and serves most of the west side of Iowa City. He said the
conditions will allow the property owner to entertain additional businesses and expansion of
some of the businesses without having a negative effect on the surrounding area.
In response to a question by Swygard, Miklo affirmed that there were residential apartments
located on the second floor of one of the buildings in the shopping center.
Miklo responded to Eastham's question about increased traffic that he doesn't think that any
new or larger business that would go in as a result of the CC -2 zone is going to increase traffic
measurably on Mormon Trek Boulevard, which is one of the only north -south arterials in west
Iowa City..
Theobald asked Miklo how he sees the CNA zone serving the city overall. Miklo said the intent
of a CNA zone is to serve a neighborhood and allow the idea of having commercial uses in
close proximity to residential. He said originally they were intended to be fairly small, and at one
time there was a size limit. He said none of the CNA zones existing now are compliant with the
vision for a CNA zone, and as a result new standards were adopted in 2005 that require more
of a Main Street character. He said future development of CNA zone will look quite different
than Walden Square and be much smaller.
Eastham's asked about any plans to revise the Sub - District Plan for this area and the Southwest
District Plan in the next five years. Miklo said they will revisit it on an "as needed" basis, but it
has served the City well and there are no plans revision at this time. Freerks noted that the
Planning and Zoning Commission
February 6, 2014 - Formal
Page 3 of 10
zoning code has changed since the Southwest District Plan was adopted.
Eastham asked Miklo to give the Commission a synopsis of what had transpired since the
application was originally submitted in 2012, Miklo said staff had discussions with the applicant
about modifying the size limitations for various uses in the CN -1 zone, but decided that CC -2
rezoning was more appropriate in this location on Mormon Trek and given the established
development pattern of the shopping center and surrounding neighborhood.
Freerks opened public hearing.
Glenn Siders of Southgate Development Company said he was there to answer any questions
from the Commission. Siders said the physical therapy operation is limited to 2,400 square feet
and would like 3,000 square feet, which they could have in CC -2 but not in CN -1; the Java
House is interested in expanding to an undetermined size to create additional seating capacity.
Theobald asked for some information about several of the other businesses in the shopping
center. Greenwood Hektoen cautioned the Commission to think more broadly and consider
what uses are allowed by the proposed rezoning and whether they would be acceptable
regardless of what the current conditions are, and if the Commission would be comfortable with
businesses expanding to the maximum allowable under the new proposed rezoning.
Freerks closed public hearing.
Eastham moved to recommend approval of CPA12- 00006, a Comprehensive Plan
Amendment to amend the Southwest District Plan to change the land use designation of
property located west of Mormon Trek Boulevard, north of Westwinds Drive known as
Walden Square from Neighborhood Commercial to General Commercial.
Swygard seconded.
Eastham said he's not sure he is going to support this because he has doubts that changing the
Comprehensive Plan supports the goals of Neighborhood Commercial. He said the Southwest
District Plan clearly calls for this area to be Neighborhood Commercial, and he hasn't heard a
compelling reason why the uses should be expanded to General Commercial. He said he's
concerned about increasing the ability of current uses to expand their square footage could
eventually result in fewer neighborhood -type uses and more commercial- type uses, which
would get away from the overall purpose of this area as a neighborhood destination.
Freerks said some of Eastham's points are valid but she doesn't think it's a good thing if some
of the current uses remove themselves because they don't have the capacity to expand slightly.
She said she doesn't see a significant traffic generator in terms of anything expanding. She said
she sees that Neighborhood Commercial has changed since this shopping center was built. She
said she feels that it functions as both CC -2 and CN -1 and with the restrictions in place she
feels comfortable making that change in order to respond the needs the businesses have to
expand slightly to maintain a healthy commercial area, one which people in the area can walk
to.
Theobald said she has struggled greatly with this, as she sees it serving several different
populations in that area. She said she is concerned is that some of the businesses may change
and some of the ones that really support people in the neighborhood who don't have vehicles or
have access to other services.
Planning and Zoning Commission
February 6, 2014 - Formal
Page 4 of 10
Swygard said she can see some of the smaller businesses being forced out if larger spaces and
increased rents occur.
Thomas said this seems to fall somewhere between CC -2 and CN -1. He said he believed that
there was language in the Code stating that special exceptions would be given to certain square
footage maximums if it served neighborhood purposes. Miklo said it is the office uses that have
been problematic for this shopping center because to go beyond 2,400 square feet, the
additional square footage has to be on the second floor, and this is a one -story complex except
where there are residents on the second floor.
Martin said she supports this because it's a finite space —no expansion of the zone is possible- -
and there are parking restrictions that limit future development. She said she sees not
supporting this as a hindrance to the businesses that are there, with the possibility that they will
leave if they can't expand. She said she sees the discussion revolving around the square
footage for only a few businesses and she doesn't see how giving them the CC -2 would be a
detriment.
Freerks said staff has worked with the applicant on this for over a year and she believes that
they have exhausted every option in trying to come up with the best way to deal with this. She
said she thinks it will be a benefit and not a detriment.
Swygard said this is about square footage, but in doing that you are changing uses allowed.
Miklo said most of the uses allowed in the CC -2 are allowed in the CN -1 zone, and are just
restricted in size. He said the surrounding neighborhood was notified with letters sent and signs
placed per usual procedures, and no one has come forth tonight from the pubic with concerns.
Miklo, amending Eastham's conclusions about why the smaller square footage in CN zones was
established, said the reason was to keep it at a small level because of concerns about bringing
traffic in from outside a neighborhood.
Dyer said she supports this change. She said there is already traffic going by, and it's too
congested to attract big box stores. She said she thinks it's a positive that businesses want to
stay there and develop and is concerned that if they left they might not be replaced or be
replaced with businesses that aren't as useful to the neighborhood. Given that the shopping
center is already developed, there really isn't room for any additional development.
A vote was taken and the motion carried 4 -3 with Eastham, Theobald and Thomas
opposed.
Swygard moved to recommend approval of REZ12- 00001, a rezoning of 8.7 acres of
property from Neighborhood Commercial (CN -1) to Community Commercial (CC -2) zone
located at Walden Square with the conditions listed in staff report dated January 31,
2014.
Dyer seconded.
A vote was taken and the motion carried 4 -3 with Eastham, Theobald and Thomas
opposed.
REZ13 -00026
Discussion of an application submitted by The University of Iowa for a rezoning of
approximately 1.45 -acres of property from Central Business Support (CB -5) zone to
Institutional Public (P -2) zone located at 301 and 326 S. Clinton Street.
PLANNING AND ZONING COMMISSION
JANUARY 16,— 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
APPROVED
MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Phoebe Martin, Paula Swygard, Jodie
Theobald, John Thomas
MEMBERS ABSENT: Carolyn Dyer
STAFF PRESENT: Bob Miklo, Karen Howard, Eric Goers
OTHERS PRESENT: Sally Scott, Glenn Siders, John McKinstry, Maryann Dennis, Al
Zimmerman, Mark Boding
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 6 -0 to recommend approval of SUB13- 00024, a request for
preliminary plat approval of Lindemann Subdivision Part 413, 6 & 7, an 83 -lot, 25.04 -acre
residential subdivision located on Kenneth Drive north of Camden Road with approval
subject to an acceptable plan for the location design of a mailbox cluster, and prior to the
City acceptance of the open space there will be landscaping established.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
Comprehensive Plan Item
* CPA12 -00006
A public hearing for a Comprehensive Plan Amendment to amend the Southwest District
Plan to change the land use designation of property located west of Mormon Trek
Boulevard, north of Westwinds Drive (Walden Square) from Neighborhood Commercial to
General Commercial.
Freerks explained that this item goes together with Item E the rezoning item below REZ12- 00001.
Rezoning item
ar REZ12 -00001
Discussion of an application submitted by Southgate Development Services for a rezoning
of 8.7 acres of property from Neighborhood Commercial (CN -1) to Community Commercial
(CC -2) zone located at west of Mormon Trek Boulevard, north of Westwinds Drive.
Planning and Zoning Commission
January 16, 2014 - Formal
Page 2 of 11
Miklo showed the Commission images and a zoning map of the area; he then explained the
differences between the CN -1 and CC -2 zones in terms of uses allowed and additional site
development requirements that go along with each of the zones. CN -1 puts limitations on the size
of some uses allowed in the zone, including restaurants, offices, etc.
Miklo explained the history of the development and how over time, because of its locational
advantages and growth on the west side of Iowa City, the shopping center has come to serve a
much wider area than was originally anticipated when the property was zoned CN -1. He stated that
while staff was recommending approval of the comprehensive plan amendment and the rezoning,
their recommendation included three conditions dealing with signage, building design, and outdoor
display in order to help ensure that the shopping center remained compatible with the surrounding
neighborhood.
In response to questions from the Commission, Miklo responded that lighting is the same in both
zones. He also stated that while the immediate neighborhood has not changed since the District
Plan was adopted, the entire west side has grown considerably and commercial areas, other than
those on Highway 1 and Highway 6 have not developed. Miklo explained that the grocery store is,
other than Walmart, the only grocery store west of the river in Iowa City. The same it is true of the
drugstore and bank, which are the only uses of their kind other than what is found on Highway 1.
Miklo explained that in the CNA a gas station would require a special exception. In the CC -2 they
are allowed by right. He noted that the 1,000 square foot limit on outdoor display would effectively
preclude a car dealership of sales lot while still allowing retailers to provide seasonal outdoor
displays. He explained that a conditional zoning agreement may put limits on uses allowed in the
zone (such as size restrictions) but cannot prohibit those uses that would otherwise be allowed.
Glenn Siders for Southgate Development indicated that they had no objection to the conditions
staff was recommending. Some of the size limitations on the existing uses in the commercial zone,
such as a physical therapy clinic, were limiting the opportunity for those uses to grow. All the
existing uses comply with the CN -1 standards. He stated that if Hartig Drugstore were to leave and
they were unable to attract a new drugstore, they would probably have to divide the building into 3
new spaces in order to comply with the space limitations and that would be difficult with that
particular building.
Freerks closed the public hearing.
Thomas moved to approve CPA12- 00006, an application submitted by Southgate
Development Services to amend the Southwest District Plan to change the land use map
designation of Walden Square, from Neighborhood Commercial to General Commercial.
Second by Eastham.
Theobald stated that she lives in the neighborhood and that many people in the neighborhood use
the commercial center, especially those living in the nearby apartments who walk to the shopping
center. Also many walk across Mormon Trek to shop. The uses do serve the neighborhood. The
Southwest District Plan had recommendations for improvements to serve pedestrians and it
expressly recommended that it remain a neighborhood commercial area. Therefore, she would
vote against the change.
Freerks stated that she did not see that this would cause a change to what was there but might
allow an opportunity for existing uses to expand. She stated that this would not create a situation in
which traffic would change. While it is good that there is considerable neighborhood foot traffic that
there is also a lot of traffic /customers coming from outside the area. She thinks it is one of those
Planning and Zoning Commission
January 16, 2014 - Formal
Page 3 of 11
tricky areas that needs to be designed to serve both pedestrians and those coming by car. Freerks
asked how new users or property owners would be aware of the special conditions.
Goers indicated that new property owners would become aware through a title opinion.
Martin stated that she believes Mr. Siders addressed the issue of market demand for the changes.
Eastham stated that he would like to see the parking area re- designed and more paved trails to the
north and south and somewhat to the west, however those trails are on someone else's property
and so cannot be a condition or rezoning. Otherwise he cannot see what the change would
portend for the future, especially with the conditions which seem to eliminate things that would not
complement the neighborhood. He is concerned about the proliferation of convenience stores.
Thomas stated that he too was torn. He supports having more neighborhood commercial but
believes it requires the right context. This seems to be a hybrid. He wondered how the parking
area could be reconfigured to allow more commercial uses.
Freerks stated that the goal of the applicant seemed to be to maintain stability and not have
vacancies, such that as certain brick and mortar uses go away, such as video stores, other uses
need to occupy those spaces and that's where growing the existing uses makes sense. Her
concern was not to allow something that truly would not be in the interest of the neighborhood, like
a car dealership.
Theobald stated that the existing small businesses are supported by the neighborhood and that the
"good neighbor policy" had not been used. She is concerned about crime and the addition of
alcohol outlets. Miklo stated that the regulations for alcohol uses are the same.
Miklo stated that the existing development was probably more characteristic of the CC -2 zone in
terms of the placement of buildings and parking. This was built before the current CN -1 site
development standards were in place. The difference in this situation is that the size of uses is
limited in the CN -1 so that they are not reliant on a larger market. The idea with those limitations is
that the zone not be drawing traffic into a neighborhood from the entire community. However, in
this case, because Mormon Trek Boulevard is such a major traffic carrier, the shopping center
already functions as a shopping center for the west side. The only way to go beyond the size
limitations is through a change in the zone.
Howard noted that there is a lot of overlap between all of the commercial zones. The staff report
points out the differences that are distinct that may not be compatible with the neighboring
residential uses or with pedestrian traffic. She pointed out that many other Community Commercial
areas in the city also are surrounded by neighborhoods and people walk to those shopping areas
and they also draw from a larger area. She cited the Towncrest area as one that is similar in that
respect.
Theobald expressed concern about alcohol outlets and businesses open after 9 o'clock at night.
Miklo indicated that the Planning and Zoning commission could put limitations on hours of
operation. He recommended that if the Commission was considering additional conditions, they
should defer to provide time to determine what conditions to apply.
Howard advised the board to keep in mind that the area is built out and is not expanding. A market
is there and the uses and buildings have been established. Theobald noted that the convenience
store in the area has become principally a liquor store, which was not always the case.
Swygard expressed the concern that if commercial uses were allowed to expand that this might
Planning and Zoning Commission
January 16, 2014 - Formal
Page 4 of 11
bring more traffic in from a broader area into a confined space. Miklo pointed out the zoning
boundary —the area is limited size. Also the topography, storm water basin, and the residential
units above the storefronts provide some buffer between the shopping center and the adjacent
residential area. The parking area is also well used such that there is not a lot of opportunity to new
retail space beyond the buildings that are there currently.
Eastham noted that the present uses there are what make this a focal point for the neighborhood
and questioned whether those uses might not change if there is higher demand for larger spaces.
Swygard asked whether a transition to larger uses would impact the parking. Howard responded
that they can only have as much square footage as they can park, and that the parking
requirements are the same in both zones.
Thomas said his concern was that this could lead to there being fewer small establishments in the
zone. He asked whether there are conditions that could help to preserve a mix.
Howard stated that the CN -1 zone limited eating and drinking establishments to an occupant load
of 100 though it could go up to 125 with a special exception. She said that is a fairly large size. She
noted that a restaurant is not open after midnight; if it is open after midnight and serves alcohol it is
considered a drinking establishment.
Goers noted that the alcohol sales rule —the 1,000 foot separation rule —does not apply in the CN-
1 or CC -2 zone.
The applicant indicated that they would not entertain limitations on size or hours of operation. He
indicated he would agree to a 2 -week deferral.
Thomas withdrew his motion to approve.
Eastham moved for deferral of the Comprehensive Plan item to the following meeting.
Theobald seconded the motion. A vote was taken and the motion carried 6 -0.
Eastham moved to defer item REZ12 -00001 for the rezoning of the property to the following
meeting. Second by Martin. A vote was taken and the motion carried 6 -0.
Development Item
SUB13 -00024
Discussion of an application submitted by Southgate Development for a preliminary plat of
Lindemann Subdivision Part 413, 6, & 7, an 83 -lot, 25.04 -acre residential subdivision located
on Kenneth and Charles Drive, north of Gustav Street.
Miklo said this item had been deferred from December and they have now received a revised plat
that extends Kenneth Drive and Daniel Drive to the north as called for in the Comprehensive Plan
and the Conditional Zoning Agreement. He said that staff believes in this case that eighty -three
mailboxes in the same cluster would be considered a large cluster and therefore should have some
consideration to how it's located in the subdivision and how it's designed. He said the applicant has
worked with the Post Office to identify an outlot for the cluster to be permanently located, and there
may be some need for the clusters to be temporarily located, as it's possible that not all the streets
will be built at once and there may not be access to the clusters.
Miklo said staff will ask the applicant to make a proposal for landscaping around the cluster. He
Sc
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14: ZONING CODE CHANGING THE DEFINITION OF
"ENLARGEMENT /EXPANSION" SO THAT, FOR A NONCONFORMING DRINKING
ESTABLISHMENT, AN ALTERATION OR ADDITION TO A COMMERCIAL KITCHEN THAT
DOES NOT RESULT IN AN INCREASE IN THE ALLOWABLE OCCUPANCY LOAD WILL
NOT BE CONSIDERED AN ENLARGEMENT /EXPANSION OF THE USE.
WHEREAS, the City has established a separation requirement between drinking
establishments in certain areas of the city for the purpose of decreasing the overconcentration
of drinking establishments and preventing new concentrations from occurring; and
WHEREAS, existing drinking establishments that are not in compliance with the required
separation distance from other drinking establishments are considered nonconforming uses;
and
WHEREAS, nonconforming uses are not allowed to be expanded or enlarged; and
WHEREAS, an enlargement of a commercial kitchen in a nonconforming drinking
establishment where there is no increase in the allowable occupancy of the drinking
establishment moves the nonconforming use closer to a conforming use by increasing the
capacity to serve food and may decrease the number of nonconforming uses over time;
WHEREAS, it is in the public interest to allow such expansions.
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, 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 of the use. For nonconforming
drinking establishments, neither sidewalk cafes nor any alteration or addition to a
commercial kitchen that does not result in an increase in the allowable occupancy
load shall be considered an enlargement /expansion of the use.
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,
Ordinance No.
Page 2
approval and publication.
Passed and approved this day of , 2014.
MAYOR Approved by
ATTEST:
CITY CLERK dity 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:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 03/25/2014
Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton,
Botchway, Dickens. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
S`�_
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
rya
ORDINANCE NO.
on
*C?
AN ORDINANCE AMENDING TITLE 14: ZONING CODE CHANGING THEA7 INNION
"ENLARGEMENT /EXPANSION" SO THAT, FOR A NONCONFORM7� DkINK G
ESTABLISHMENT, AN ALTERATION OR ADDITION TO A COMMERCIAL HEb] TF
DOES NOT RESULT IN AN INCREASE IN THE ALLOWABLE OCCUPAN On W
NOT BE CONSIDERED AN ENLARGEMENT /EXPANSION OF THE USE.
WHEREAS, the City has established a separation requirement b ween ,Zrinking
establishments in c. ain areas of the city for the purpose of decreasing th overconcentration
of drinking establish is and preventing new concentrations from occurri g; and
WHEREAS, existing rinking establishments that are not in compli nce with the required
separation distance from her drinking establishments are consider d nonconforming uses;
and
WHEREAS, nonconformin ses are not allowed to be expand or enlarged; and
WHEREAS, an enlargeme of a commercial kitchen i a nonconforming drinking
establishment where there is n increase in the allowab occupancy of the drinking
establishment moves the nonconfo ing use closer to a c forming use by increasing the
capacity to serve food and may decre a the number of non onforming uses over time;
WHEREAS, it is in the public interest allow such exp sions.
NOW THEREFORE BE IT ORDAINE BY THE Cl COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of t
follows:
A. Deleting the definition of "Enlargem
lieu thereof:
City,6f Iowa City, Iowa is hereby amended as
ion" in Article 14 -9A, and substituting in
ENLARGEME/bd PANSION: A increase I the volume of a building, an increase
in the area of lr building oc pied by a us an increase in the number of
bedrooms withwelling un' or an increase in a number of dwelling units. For
non - residentiaings an i crease in the occupan load of a building is
considered an gemen expansion. For Alcohol S s- Oriented Retail Uses, any
change in the f liq r license that would increase a types of alcohol or
alcoholic beve th can be sold is considered an enl ement /expansion of the
use. For Groun Uses, any alteration that allows an in ease in the number of
residents is coed an enlargement /expansion of the use. or nonconforming
drinking establnts, neither sidewalk cafes nor any alteratio or addition to a
commercial kitthat does not result in an increase in the allow ble occupancy
load shall be c ered an enlargement/expansion of the use.
SECTION II. REP LER. All ordinances and parts of ordinances in conflict with the provisions
of this Ordinance areihereby repealed.
SECTION III. VERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be i alid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as 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,
Ordinance No.
Page 2
approval and publication.
Passed and approved this day of 12014.
r����
ATTEST:
CITY CLEF
5d
Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ13- 00026)
ORDINANCE NO. 14 -4575
ORDINANCE REZONING APPROXIMATELY 1.45 ACRES LOCATED AT THE SOUTHWEST
CORNER OF CLINTON STREET AND BURLINGTON STREET FROM CENTRAL BUSINESS SUPPORT
(CB -5) TO INSTITUTIONAL PUBLIC (P -2). (REZ13- 00026)
WHEREAS, the City of Iowa City, on behalf of the applicant, The University of Iowa, has requested a
rezoning of property located at the southwest corner of Clinton Street and Burlington Street from Central
Business Support (CB -5) to Institutional Public (P -2); and
WHEREAS, the University of Iowa School of Music will be constructed on the property; and
WHEREAS, the Comprehensive Plan indicates that the property is appropriate for the location of the
music school; and
WHEREAS, the University of Iowa -owned parcel will be in compliance with Section 14 -2F of the Zoning
Ordinance;
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of Central Business Support (CB -5) to Institutional Public (P -2):
LEGAL DESCRIPTION
Beginning at the NE Corner of Block 101; thence West 195 feet; thence South 130 feet; thence East 25
feet; thence North 10 feet; thence East 170 feet; thence North 120 feet to the Point of Beginning; all in
the City of Iowa City, Johnson County, Iowa. All of Lot 3; Lot 2 except the north 40 feet thereof; and Lot 4
except the south 70 feet thereof; all in Block 101 of the City of Iowa City, Johnson County, Iowa.
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. 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 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 25th day of March , 2014.
kyj FAY
ATTEST:
Cl LERK
Approved by
City Attorney's Office /��`�
Ordinance No. 14 -4575
Page 2
It was moved by Mims and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Botchway
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
x
Throgmorton
First Consideration 03/04/2014
Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton, Botchway. NAYS: None. ABSENT: None.
Second Consideration ---------------
Vote for passage:
Date published 04/03/2014
Moved by Mims, seconded by Throgmorton, that the ruling 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, Throgmorton, Botchway, Dickens,
Dobyns. NAYS: None. ABSENT: None.
5e
Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ13- 00027)
ORDINANCE NO. 14 -4576
ORDINANCE REZONING .54 ACRES OF PROPERTY FROM NEIGHBORHOOD
STABILIZATION RESIDENTIAL (RNS -20) ZONE TO INSTITUTIONAL PUBLIC (P -2) ZONE
LOCATED AT 109 RIVER STREET (REZ13- 00027)
WHEREAS, the City of Iowa City, on behalf of the applicant, The University of Iowa, has requested a
rezoning of property located at 109 River Street from Neighborhood Stabilization Residential (RNS -20) to
Institutional Public (P -2); and
WHEREAS, the University of Iowa Visual Arts Building will be constructed on the property; and
WHEREAS, the University of Iowa -owned parcel will be in compliance with Section 14 -21F of the Zoning
Ordinance;
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of Neighborhood Stabilization Residential (RNS -20) to Institutional Public (P -2):
LEGAL DESCRIPTION
Lots 19 and 20 and the easterly Y of the vacated alley abutting Lots 19 and 20, all in Block Nine (9) in
Manville Heights Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 2, Page 4, Plat
Records of Johnson County, Iowa.
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. 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 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 25th day of March 2014.
A
MAYOR
ATTEST:
CI CLERK
Appr,�ved by
^/j %
LiCity Attorney's Office
Ordinance No. 14 -4576
Page 2
It was moved by Mims and seconded by Dickens that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 03/04/2014
Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton,
Botchway; Dickens. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 04/03/2014
Moved by Mims, seconded by Payne, 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: Payne, Throgmorton, Botchway, Dickens, Dobyns,
Hayek, Mims. NAYS: None. ABSENT: None.
Prepared by: Robert Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ14- 00001)
ORDINANCE NO. 14 -4577
ORDINANCE REZONING APPROXIMATELY 49.5 -ACRES OF PROPERTY FROM OFFICE
RESEARCH PARK (ORP) ZONE TO RESEARCH DEVELOPMENT PARK (RDP) ZONE LOCATED AT
2510 N. DODGE STREET. (REZ14- 00001)
WHEREAS, the applicant, NCS Pearson, has requested a rezoning of property located at 2510 N.
Dodge Street from Office Research Park (ORP) to Research Development Park (RDP); and
WHEREAS, the Comprehensive Plan indicates that property is appropriate for either ORP or RDP
zoning; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of ORP to RDP:
W % of the SW % of Section 36 -80 -6, except that part thereof condemned by Iowa State Highway
Commission and further excepting therefrom those parcels conveyed to the City of Iowa City,
Iowa pursuant to Deeds recorded in Book 1075, Pages 406 and 408 of the Johnson County, Iowa,
Recorder's Office.
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. 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 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 25th day of March 2014.
MAYOR
ATTEST:
CITY—CLERK
Ap roved by
City Attorney's Office,11r /11-f
Ordinance No. 14 -4577
Page 2
It was moved by Mims and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
First Consideration 03/04/2014
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway,
Dickens, Dobyns. NAYS: None. ABSENT:, None.
Second Consideration _
Vote for passage:
Date published 04/03/2014
Moved by Mims, seconded by Dobyns, 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: Botchway, Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton. NAYS: None. ABSENT: None.
ATTORNEYS & COUNSELORS
March 11, 2014
VIA E -MAIL AND U.S. MAIL
Ms. Marian Karr
City Clerk
410 E Washington Street
Iowa City, Iowa 52240
5f 1100 SIXTH STREET
SUITE 102
CORALVILLE, IOWA 52241
PHONE 319 - 351 -2028
FILED FAX 319 - 351 -1102
2014 MAR 12 AM 10= 2 �
CITY CLERK
IOWA CITY, IOTA
RE: NCS Pearson — Rezoning (REZ14- 00001)
Dear Marian:
PUGHHAGAN.COM
MPUGH @PUGHHAGAN.COM
This office represents NCS Pearson, Inc. with respect to its Application for Rezoning
currently being considered by the Iowa City Council.
At its March 4th meeting, the Iowa City Council unanimously voted in favor of a
proposed ordinance rezoning approximately 49.5 acres of property from Office Research
Park (ORP) zone to Research Development Park (RDP) zone located at 2510 N. Dodge
St. The rezoning was previously considered and unanimously approved by the Iowa City
Planning & Zoning Commission at its February 6th meeting. Except for brief comments
from Pearson representatives, there was no public comment at either meeting.
The purpose of this letter is to request that the City Council condense the second and
third readings of the proposed ordinance and issue a final decision enacting the rezoning
ordinance at its next formal meeting on March 25th. The unanimous approval of both the
Planning & Zoning Commission and the Iowa City Council, as well as the lack of public
comment at either forum clearly demonstrates that this is a noncontroversial rezoning for
which a condensed reading is appropriate.
Please forward this request to members of the City Council and please do not hesitate to
contact me if you have any questions. Thank you for your time and consideration.
MJP
cc: NCS Pearson, Inc.
(00010781)
Sincerely,
PUGtJ HA/GnA -N PLC
(�
Michael J. Pugh
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 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION B, TO CLARIFY THE REQUIREMENTS FOR ISSUANCE OF ALL
EXCEPTION CERTIFICATES; AND TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 1, DEFINITIONS,
SECTION 1, DEFINITIONS OF WORDS AND TERMS TO CLARIFY THE DEFINITION OF A
"PERFORMER" UNDER THE ORDINANCE.
WHEREAS, under the current ordinance, entertainment venues and those holding exception
certificates which sell, give, or deliver alcohol to any patron under the legal drinking age more than once
within any five year period are subject to revocation of their entertainment venue status; and
WHEREAS, under the current ordinance, entertainment venues and those holding exception
certificates whose continued operation as such would be detrimental to the safety, health, and welfare of
the residents of the City are subject to revocation of their status; and
WHEREAS, while either of these two delineated circumstances may lead to the revocation of
entertainment venue or exception certificate status, neither is explicitly listed so as to prohibit the
issuance of new certificates; and
WHEREAS, it is, and always has been, Council's intent that these requirements apply not only to
current entertainment venues and exception certificate holders, but new ones as well; and
WHEREAS, Council wishes to limit the denial or revocation of these certificates related to delivery of
alcohol to minors to the most recent five years at the time, of application, instead of any five year period in
the history of the establishment; and
WHEREAS, Council made clear in its definition of "Performer" that disk jockeys (DJs) would not be
considered "Performers ", confusion has arisen over what constitutes a DJ; and
WHEREAS, Council wishes to clarify, by defining a DJ as anyone advertised or marketed as a DJ, or
playing pre- recorded music outside performances of theater; and
WHEREAS, Council wishes for these amendments to apply to all pending and future applications and
all present and proposed entertainment venues and exception certificate holders; 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.
TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION B, PARAGRAPH (3)(a) is hereby amended by adding the
following language at the end of the subparagraph:
Furthermore, no certificate will be issued to the establishment if any of the following is true:
(1) Where a preponderance of the evidence shows that the licensee, permittee, or any employees or
agents thereof, sold, gave, or delivered alcohol to any patron under the legal drinking age more
than once within the last five (5) years; or
(2) Where continued operation under the exception certificate would be detrimental to the safety,
health, and welfare of the residents of the city.
TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION B, PARAGRAPH (7)(a) is hereby amended by deleting the "." at
the end of subparagraph (13), and substituting "; and "; as well as adding the following subparagraphs:
(14) The venue's licensee, permittee, or any employees or agents thereof, has not sold, given, or
delivered alcohol to any patron under the legal drinking age more than once within the last five (5)
years; and
(15) Granting the venue entertainment venue status would not be detrimental to the safety,
health, and welfare of the residents of the city.
These requirements apply to all pending and future applications for entertainment venue
exception certificates.
TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION B, PARAGRAPH (7)(d) is hereby amended by deleting
subparagraph (d)(1) in its entirety, and substituting the following:
(1) Where a preponderance of the evidence shows that the licensee, permittee, or any employees
or agents thereof, sold, gave, or delivered alcohol to any patron under the legal drinking age more
than once within the last five (5) years; or
TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 1, DEFINITIONS, SECTION 1, DEFINITIONS
OF WORDS AND TERMS is hereby amended by deleting the last unnumbered paragraph under the
definition of "PERFORMER ", and substituting the following language:
For purposes of this title, disk jockeys (DJs) are not considered performers. Anyone marketed or
advertised as a DJ shall be considered a DJ. Also, anyone playing pre- recorded music outside
performances of theater shall be considered a DJ.
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 2014.
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:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 03/25/2014
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway,
Dickens, Dobyns. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
ROBERT N. DOWNER
JAMES D. McCARRAGHER
THOMAS D. HOBART
DOUGLAS D.RUPPERT
TIMOTHYJ. KRUMM
WILLIAM J. SUEPPEL
CHARLES A. MEARDON
DENNIS J. MITCHELL
PETER J. GARDNER
CATHERINE S. GERLACH
SEAN W. WANDRO
MEARDON, SUEPPEL & DOWNER P.L.C.
LAWYERS
122 SOUTH LINN STREET
IOWA CITY, IOWA 52240 -1802
TELEPHONE: (3 1 9) 338 -9222
FAx: (3 1 9) 338 -7250
WWW.MEARDONLAW.COM
March 21, 2014
Eric R. Goers
City of Iowa City Attorney's Office
410 East Washington Street
Iowa City, IA 52240
Re: Summit Entertainment Exemption Application
Dear Eric:
WILLIAM L. MEARDON
(1 9 1 9- 1 997)
RETIRED:
WILLIAM F. SUEPPEL
MARGARETT. LAINSON
JEAN BARTLEY
Fr_
11 COPY
I am writing this letter to you as a follow -up to our conversations about the Summit's
application for an entertainment exemption. The application was filed with Iowa City on
March 11, 2014. During late in the week of March 10, you informed me that the
application would be denied based on the Summit allegedly having sold alcohol to a
minor twice within a five -year period as outlined in Iowa City Code
Chapter/ Sections 4 -5 -8. This led to a lengthy discussion and e -mails to you highlighting
the fact that the language relied upon to deny the Summit's application was actually found
in the ' revocation section of the above - mentioned ordinance, and that it was my
understanding that the Summit complied with all of the requirements for the grant of the
exemption under City Code. As I told you, in our opinion, the Summit's application
complied with all applicable application standards in the ordinance and that denial of the
exemption was not appropriate.
On Monday of this week, I followed up on our conversations. You told me by e -mail that
the City was considering the Summit's arguments. When we discussed the matter today,
you told me that, while you disagree with the Summit's arguments, the City is in the
process of changing the above - mentioned ordinance to allow the City to deny an
entertainment exemption based on essentially the same language concerning two sales in
a five -year period found in the revocation section. You told me that the City was not
going to respond to the Summit's application until its new ordinance was enacted. I asked
you whether there were any other grounds to deny the Summit's application other than
Eric R. Goers
March 21, 2014
Page 2
the "five- year" rule found in the revocation section, and you informed me that the Summit
apparently failed to file some sort of "map" with its application, but a representative of the
City may have said it was not necessary.
At the risk of repeating myself, I believe the Summit's application complies with all of the
City's current requirements for granting the applicable exemption and that the City does
not have the legal right to deny the application based on the "five- year" rule found in the
revocation section of the City's ordinance. I ask, and have been asking, for a written
response to the Summit's application based on the ordinance in effect at the time it was
filed. The City has refused to do so and, according to you, will not issue any response to
the Summit's application until the City's amendment to its ordinance is in effect. Based on
our conversations and the lack of a written response to the Summit's pending application,
I believe the City is acting in bad faith in denying the application and is merely delaying
ruling on same until its ordinance is amended. In that regard, I refer you to U.S. Cellular
Corp. v. Board of Adjustment of City of Des Moines, 589 N.W.2d 712 (Iowa 1999). 1
believe it is bad faith to refuse to act on a valid application based on the City's desire to
correct its ordinance. I again ask you to respond, in writing, as to the basis for the denial
of the exemption based on currently- applicable ordinances.
I look forward to hearing from you.
Very tru yours,
Charles A. Meardon
CAM/tw
� r
CITY OF IOWA CITY
MEMORANDUM
Date: March 24, 2014
To: City Council
From: Eric Goers, Asst. City Attorney
Re: Entertainment Venue Amendment
Several matters related to the application of our Under 21 ordinance have arisen, related to
exception certificates for non -bars and entertainment venues, such that our office feels, out of
an abundance of caution, that clarification may be warranted. The issues are the requirements
for the granting of a non -bar or entertainment venue exception certificate, and clarification over
what constitutes a disk jockey (DJ).
Under our present ordinance, exception certificates under either provision can have that status
revoked upon several delineated circumstances, including the sale or delivery of alcohol to a
minor more than once within any five year period, and where continued operation under the
entertainment venue exception certificate would be detrimental to the safety, health, and welfare
of the residents of the City. However, those same two reasons are not explicitly listed as bases
to deny an application for either certificate. Our office would like to clarify the ordinance to
reflect the City's intent that the bases for revoking a certificate also act as bases to deny such
applications in the first place. We believe that intent is already implied through the revocation
standards, but out of an abundance of caution, we wish to make it explicit. We would like this
amendment to apply to all pending and future applications, including The Summit's, which is
pending. The Summit has two sales to minors charges within the last year.
As to the five year period, we wish to narrow this window to the last five years at the time of
application, as opposed to any five year period in the history of the establishment. We feel this
provides an opportunity and incentive for establishments to modify their business practices to
ensure they do not sell to minors, instead of forever disqualifying them.
Finally, we wish to clarify the definition of a DJ. Council was clear, as is the ordinance, that a
DJ is not to be considered a "Performer" under the ordinance, so that DJ performances would
not count as "Shows ", and thus minors would need to be out of the venue by 10:00 p.m.
However, it has not always been clear when a DJ is just a DJ, or a "producer ", who plays
electronic drum machines or other devices that might arguably be considered musical
instruments, making them a "Performer." Because there is no good way for our patrol officers to
tell the difference at the scene, we propose to draw a brighter line by saying that if they're
playing pre- recorded music, or advertised as DJs, they should be considered DJs for purposes
of our ordinance. Excluded from this are those engaged in performances of theater, which,
under our definition, requires a seated audience and no patron dancing.
As a final thought, the City Attorney has noted that the more complicated and difficult it is for the
City to administer the entertainment venue exception, the harder the case becomes for justifying
its continuation.
Should you have questions, please do not hesitate to contact me.
March 24, 2014
Page 2
Cc: Tom Markus, City Manager
Geoff Fruin, Assistant City Manager
Eleanor Dilkes, City Attorney
Marian Karr, City Clerk
Sam Hargadine, Chief of Police
Sgt. Vicki Lalla, ICPD
r
03 -25 -14
�_ -4 CITY OF IOWA CITY 7
MEMORANDUM
Date: March 18, 2014
To: City Council
From: Eric Goers, Asst. ity Attorney
Re: Entertainment Vend Amendment
Several matters related to the app cation of the entertainment venue exception to the Under 21
ordinance have recently arisen, su that our office feels, out of an ab,Wndance of caution, that
clarification may be warranted. The issues are the requirements for'fhe granting of an
entertainment venue exception certificate, and clarification over, hat constitutes a disk jockey
(DJ). ,\s ,.
y
Under our present ordinance, an enterta1• ment venue carr ave that status revoked upon
several delineated circumstances, including the sale or /elivery of alcohol to a minor more than
once within any five year period, and wherk
exception certificate would be detrimental t
the City. However, those same two reasons
application for an entertainment venue certif
continued" operation under the entertainment venue
the safety, health, and welfare of the residents of
iot explicitly listed as bases to deny an
Our office would like to clarify the ordinance
to reflect the City's intent that the bases for r vl king an exception also act as bases to deny
such an application in the first place. We V eliev that intent is already implied through the
revocation standards, but out of an abundance o caution, we wish to make it explicit. We would
like this amendment to apply to all pending and fu re applications, including The Summit's,
which is pending. The Summit has two sales to mi ors charges within the last year.
As to the five year period, we wish,to narrow this win ov
application, as opposed to any five year period in the is
provides an opportunity and incentive for establishmen
ensure they do not sell to minrs, instead of forever disq
Finally, we wish to clarify the definition of a DJ. Council
DJ is not to be considered 'a "Performer" under the ordin
to the last five years at the time of
ory of the establishment. We feel this
to modify their business practices to
jalifying them.
s clear, as is the ordinance, that a
fie, so that DJ performances would
not count as "Shows ", and thus minors would need to be out f the venue by 10:00 p.m.
However, it has not always been clear when a DJ is just a DJ, or a "producer ", who plays
electronic drum macWhes or other devices that might arguably a considered musical
instruments, makin them a "Performer." Because there is no g od way for our patrol officers to
tell the difference the scene, we propose to draw a brighter lin by saying that if they're
playing pre - recorded music, or advertised as DJs, they should be onsidered DJs for purposes
of our ordinance. Excluded from this are those engaged in perform nces of theater, which,
under our definition, requires a seated audience and no patron danC g.
As a final thought, the City Attorney has noted that the more complicated and difficult it is for the
City to administer the entertainment venue exception, the harder the ca�e becomes for justifying
its continuation. .
Should you have questions, please do not hesitate to contact me.
March 18, 2014
Page 2
Cc: Tom Markus, City Manager
Geoff Fruin, Assistant City Manager
Fleanor Dilkes_ Citv Attornev
ME
Sa
Sg
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 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION B, TO CLARIFY THE REQUIREMENTS FOR ISSUANCE OF AN
ENTERTAINMENT VENUE; AND TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 1, DEFINITIONS,
SECTION 1, DEFINITIONS OF WORDS AND TERMS TO CLARIFY THE DEFINITION OF A
"PERFORMER" UNDER THE ORDINANCE.
WHEREAS, under a current ordinance, those entertainment venues whic sell, give, or deliver
alcohol to any patron un er the legal drinking age more than once within any five ear period are subject
to revocation of their ent ainment venue status; and
WHEREAS, under th current ordinance, those entertainment venues wh se continued operation as
such would be detrimental o the safety, health, and welfare of the reside s of the City are subject to
revocation of their entert ain nt venue status; and
WHEREAS, while either f these two delineated circumstances ay lead to the revocation of
entertainment venue status, ither is explicitly listed so as to rohibit the issuance of a new
entertainment venue exception c ificate; and
WHEREAS, it is, and always s been, Council's intent that t only current entertainment venues,
but new entertainment venues as we ,should meet these require ents; and
WHEREAS, Council wishes to lim \itse al or revocatio of entertainment venue status related to
delivery of alcohol to minors to the m five years a the time of application, instead of any five
year period in the history of the venue
WHEREAS, Council made clear ition of " rformer" that disk jockeys (DJs) would not be
considered "Performers ", confusion her wh constitutes a DJ; and
WHEREAS, Council wishes to clainin a DJ as anyone advertised or marketed as a DJ, or
playing pre- recorded music outside p o theater; and
WHEREAS, Council wishes for these amend ft
all present and proposed entertainment venues an
WHEREAS, it is in the best interest of th City to
is to apply to all pending and future applications and
this amendment.
NOW, THEREFORE, BE IT ORDA17D BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS. R,
TITLE 4, ALCOHOLIC BEVER GES, CHAPTER 5, PROH1 ITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER HE LEGAL AGE IN LICENSER OR PERMITTED
ESTABLISHMENTS, SUBSECT N B, PARAGRAPH (7)(a) is hereby amended by deleting the "." at
the end of subparagraph (13), nd substituting "; and "; as well as adging the following subparagraphs:
(14) The venue's licens e, permittee, or any employees or agents thereof, has not sold, given, or
delivered alcoh7enue patron under the legal drinking age more than once within the last five (5)
years; and
(15) Granting th entertainment venue status would not be detrimer�al to the safety,
health, and welfare of the residents of the city.
These requirements apply to all pending and future applications for entertainment venue
exception certificates.
TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION B, PARAGRAPH (7)(d) is hereby amended by deleting
subparagraph (d)(1) in its entirety, and substituting the following:
(1) Where a preponderance of the evidence shows that the licensee, permittee, or any employees
or agents thereof, sold, gave, or delivered alcohol to any patron under the legal drinking age more
than once within the last five (5) years; or
TITLE 4, ALCOHOLIC PEVERAGES, CHAPTER 1, DEFINITIONS, SEC ION 1, DEFINITIONS
OF WORDS AND TERMS i hereby amended by deleting the last unnumbey6d paragraph under the
definition of "PERFORMER ", nd substituting the following language:
For purposes of this title, di \k jockeys (DJs) are not considered pert rmers. Anyone marketed or
advertised as a DJ shall be onsidered a DJ. Also, anyone playi g pre- recorded music outside
performances of theater shall 6@ considered a DJ.
SECTION II. REPEALER. All or nces and parts of ordina s in conflict with the provision of
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any ction, provision or p of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudicatio shall not affect th validity of the Ordinance as a whole or any
section, provision or part thereof not adjudge invalid or unco titutional.
SECTION IV. EFFECTIVE DATE. This
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
Ap oved by 3
City Attorney's Office
shall,be effective upon publication.
2014.