Loading...
HomeMy WebLinkAbout2014-10-21 Ordinance6a Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ14- 00013) ORDINANCE NO. 14 -4598 AN ORDINANCE REZONING APPROXIMATELY 25.8 ACRES OF PROPERTY TO RIVERFRONT CROSSINGS - SOUTH DOWNTOWN (RFC -SD) ZONE AND RIVERFRONT CROSSINGS - CENTRAL CROSSINGS (RFC -CX) ZONE LOCATED SOUTH OF BURLINGTON STREET IN THE RIVERFRONT CROSSINGS DISTRICT (REZ14- 00013) WHEREAS, the Downtown and Riverfront Crossings Master Plan was adopted in January 2013 as an integral part of the City's Comprehensive Plan and the subject properties are located in the South Downtown and Central Crossings Subdistricts of the Riverfront Crossings District; and WHEREAS, the City has initiated this rezoning of a large portion of the South Downtown Subdistrict and block of the Central Crossings Subdistrict in order to facilitate implementation of the Riverfront Crossings Master Plan; and WHEREAS, the Riverfront Crossings - South Downtown (RFC -SD) and Central Crossings (RFC -CX) Zones were developed to help implement the vision of the Riverfront Crossings Master Plan by encouraging redevelopment that will create a pedestrian - friendly, urban neighborhood through form -based zoning standards that specify placement of buildings and parking, enhanced streetscaping, improved building designs and open space; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby zoned as follows: A. Lots 1 -4 Block 8, County Seat Addition to RFC -CX. B. Lots 7 & 8, Block 93, Original Town; the south 70' of Lot 4 Block 101, Original Town; Blocks 102 & 103, Original Town; Lots 1 -14, S. Johnson Subdivision; Lots 2 -6 Block 2, Berryhill Pierce Addition; Lots 1 -8 Block 5, Lyon's First Addition; Blocks 1 & 19, County Seat Addition; Lot 4, and that portion of Lots 2 & 3 south and east of Ralston Creek, all in Block 20, County Seat Addition; and Lot 8 Block 8, County Seat Addition to RFC -SD. 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. 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 City'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 21st day of October , 2014. 11 . • ' _ ATTEST: CIT " LERK Ordinance No. 14 -4598 Page 2 Appr ved by City Attorneys Office Ordinance No. 14 -4598 Page 3 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 09/16/2014 Vote forpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns. NAYS: None. ABSENT:,None. Second Consideration 10/07/2014 Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None Date published 10/30/2014 Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ14- 00011) ORDINANCE NO. 14 -4599 ORDINANCE REZONING APPROXIMATELY .54 ACRES FROM INTENSIVE COMMERCIAL (CI -1) ZONE TO RIVERFRONT CROSSINGS — CENTRAL CROSSINGS (RFC -CX) ZONE AT 201 E. BENTON STREET AND 912 -914 S. DUBUQUE STREET AND DESIGNATION OF 914 S. DUBUQUE STREET AS A HISTORIC LANDMARK (REZ14- 00011) WHEREAS, the applicant, XJ -23 LLC , has requested a rezoning of property located at 201 E. Benton Street and 912 -914 S. Dubuque Street from Intensive Commercial (CI -1) to Riverfront Crossings — Central Crossings (RFC -CX); and WHEREAS, the applicant has also requested that the property at 914 S. Dubuque Street (known as the Tate Arms), be designated as an Iowa City Historic Landmark; and WHEREAS, the properties are located in the Central Crossings District of the Downtown and Riverfront Crossings Master Plan, which indicates that the they are appropriate for mixed use development; and WHEREAS, the Downtown and Riverfront Crossings Master Plan and the Historic Preservation Plan support the preservation of the property located at 914 S. Dubuque Street; and WHEREAS, the RFX -CX zone provides for the consideration of the transfer of development rights to help preserve the Tate Arms building; and WHEREAS, the Historic Preservation Commission has reviewed the proposed Historic Landmark designation for the property located at 914 S. Dubuque St. and has recommended approval; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and Historic Landmark designation and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I ZONING APPROVAL. Property described below is hereby reclassified from its current zoning designation of Intensive Commercial (CI -1) to Riverfront Crossings — Central Crossings (RFC -CX): Whites Subdivision of Outlot 4 County Seat Addition Lots 34, 35 and 36. SECTION II HISTORIC LANDMARK APPROVAL. Property described below is hereby designated as an Iowa City Historic Landmark: Whites Subdivision of Outlot 4 of County Seat Addition Lot 34. SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 21st day of October, 2014. MAYOR ATTEST: X' . CI -CLERK App ved by City Attorney's Office / � c/ Ordinance No. 14 -4599 Page 2 It was moved by Dickens and seconded by Throgmorton 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 09/16/2014 ,Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS:,None. ABSENT: None. Second Consideration 10/07/2014 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: None. Date published 10/30/2014 CITY OF IOWA CITY MEMORANDUM DATE: 10/16/2014 TO: CITY COUNCIL FROM: SUSAN DULEK, Asst. City Attorne RE: NOISE ORDINANCE /SECTION 6 -4 OF THE CITY CODE Introduction The proposed ordinance simplifies Section 6 -4 of the City Code (often referred to as the "noise ordinance ") by deleting provisions that have not been used or enforced in many years. The ordinance also adds one new provision to regulate noise from vehicles. Discussion of Sound Permits Presently Section 6 -4 authorizes the City to issue four types of sound permits based on decibel levels. For example, a Type "A" permit can be issued for sound registering not more than 60 db and a type "A" permit can only be used in certain places and at certain times. No one can recall City staff issuing such a permit in over ten years. The proposed ordinance eliminates these provisions and simply prohibits certain noises. One problem with noise regulations based on decibel levels is that staff must have decibel meters. In order to use a decibel meter to enforce noise levels, the City would need to purchase them, calibrate them, and train staff to use them. I could locate only one decibel meter owned by the City, and it is the meter used by the Fire Department to measure the level of fire alarms during inspections. Another shortcoming is that meters are not effective in measuring bass sound. The proposed ordinance will not change the other code provisions that authorize persons to obtain a permit to use amplified sound as part of an event held on City streets, sidewalks and parks. For example, the Parks and Recreation Director may issue a permit that allows amplified sound in at an event held in a park. The City Manager may issue permits for events using amplified sound in City Plaza (aka, the ped mall) and for parades. In addition, Community and Development Services may issue a permit for an event involving amplified sound on private property as part of a temporary use permit under the zoning code. None of these permits are based on decibel levels. Sound permits are also not needed to address amplified music in neighborhoods. Section 8 -5 -5 ( "disorderly house "), which was enacted after the current sound permit provisions, is a very effective tool to deal with noise complaints in neighborhoods. Discussion of Loud Car Radios Over the years, staff has received complaints about loud car radios. Currently there is no provision in the City Code to address this problem other than a permit provision regarding the use of sound equipment on a public street, which is ineffective and will be eliminated in the proposed ordinance. In order to address this problem, the proposed ordinance includes the following provision: No person shall play or operate, or permit the playing or operating of, a sound production device within a motorized vehicle that is plainly audible by any person: 1) either across a real property line or at a distance of fifty (50) feet or more from the vehicle; and, 2) for more than thirty (30) continuous seconds. In discussing this problem, staff felt the provision should address noise over a sustained period of time rather than noise that is transitory or fleeting. Without a time component, many high school students, for example, driving home after school would be in violation of the ordinance. The requirement of 30 seconds also means that it will not apply to the person in the car next to you unless, for example, you are at a stop light for more than 30 seconds. Staff also concluded that no one should be captive to loud music for a sustained time period while in their home or anywhere else, which is why staff suggests that it apply when the sound travels either across a property line or 50 feet. If a person has a loud radio and is parked in front of a house or apartment building, the resident likely is within 50 feet of the car. On the other hand, if the person with the loud radio is in a parking lot at City Park, the real property line is likely more than 50 feet away from the park visitor having a picnic or sitting on a bench. It is the position of the City Attorney's Office that measuring noise by means of a "plainly audible" standard rather than a decibel meter reading is not problematic. Over the years, courts have reviewed challenges to ordinances and statutes regulating noise. One common argument is that the provision is unconstitutional because the language is too vague such that a person cannot understand what is prohibited. The proposed provision is similar to local ordinances that the Minnesota Court of Appeals and a federal appeals court have found not to be vague. State v. McElroy, 828 N.W.2d 741 (Minn. App. 2013) ( "electronic device used for the amplification of music .... which is located within a motor vehicle ... , which is audible by any person from a distance of fifty (50) feet or more from the vehicle "); DA Mortg., Inc. v. City of Miami Beach, 486 F.3d 1254 (11th Cir. 2007) ( "plainly audible at a distance of 100 feet from a ... vehicle "). See also, State v. Medel, 139 Idaho 498, 80 P.3d 1099, 1103 (Idaho Ct. App. 2003)); Davis v. State, 272 Ga. 818, 537 S. E. 2d 327, 328 -29 (Ga. 2000); Holland v. City of Tacoma, 90 Wn. App. 533, 954 P.2d 290, 295 (Wash. 1998), review denied, 136 Wn.2d 1015, 966 P.2d 1278 (Wash. 1998)); and Com. v. Scott, 2005 PA Super 224, 878 A.2d 874, 878 -79 (Pa. Super. Ct. 2005). Conclusion Staff believes that this ordinance both cleans up the current ordinance by deleting unused and unnecessary sound permit provisions and adds a limited, but needed, provision to address loud car radios. Changes to Section 6 -4 in addition to those discussed above are not substantive. Copy to: Thomas J. Markus, City Manager Geoff Fruin, Assistant City Manager Eleanor M. Dilkes, City Attorney Marian K. Karr, City Clerk E Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 6 OF THE CITY CODE, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 4, ENTITLED "NOISE CONTROL," TO SIMPLIFY AND CLARIFY THE NOISE CONTROL PROVISIONS, TO DELETE PERMITS BASED ON DECIBEL LEVELS, AND TO REGULATE LOUD CAR RADIOS. WHEREAS, although Section 6 -4 of the City Code presently authorizes the City to approve four types of sound permits based on decibel levels, the City has not issued such permits for many years; WHEREAS, to enforce such an ordinance, City staff would need a decibel meter; WHEREAS, a decibel meter is not effective in measuring bass sound; WHEREAS, the disorderly house provision in Section 8 -5 -5 has been very effective in regulating noise, including amplified sound, in residential areas; WHEREAS, other sections of the City Code allow staff to issue sound permits; WHEREAS, the City Code presently does not include an effective way to regulate loud music coming from a car radio, which has been a source of resident complaints over the years; WHEREAS, this ordinance is enacted to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the citizens of the City through the reduction, control, and prevention of loud and raucous noise, or any noise which unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity; and WHEREAS, it is in the City's best interest to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 6, entitled "Public Health and Safety," Chapter 4, entitled "Noise Control," is deleted in its entirety and the following new Chapter 4, entitled "Noise Control" is substituted in lieu thereof: 6 -4 -1: DEFINITIONS: As used in this chapter, the following definitions shall apply: Amplified Sound: To increase sound in intensity and duration by electrical, electronic, mechanical or other nonhuman means, including an electronic device. Noise Disturbance: Any loud and raucous noise, or any noise which unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity; Person: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity. Plainly Audible: Any sound for which the information content of the sound is transferred to the listener such as, but not limited to, understanding of spoken speech, comprehension of whether a voice is raised or lowered or comprehension of musical rhythms. Public Place: Any street, avenue, boulevard, highway, sidewalk or alley or similar place owned or controlled by the city, including any structure or park. Real Property Line: An imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions. Sound Production Device: Radio, tape player, disc player, loudspeaker, digital audio player, portable media player or other electric, electronic or mechanical device that produces or reproduces sound. 6 -4 -3: SPECIFIC ACTIVITIES PROHIBITED: A. No person shall play or operate, or permit the playing or operating of, a sound production device within a motorized vehicle that is plainly audible by any person: 1) either across a real property line or at a distance of fifty (50) feet or more from the vehicle; and, 2) for more than thirty (30) continuous seconds. B. No person shall cause or create, or permit the causing or creating of, a noise disturbance that is plainly audible by any person: 1) either across a real property line or at a distance of fifty (50) feet; and, 2) for more than thirty (30) continuous seconds. C. No person shall use amplified sound in City Plaza except with a permit authorized in Title10. D. No person shall use amplified sound in violation of Section 8 -5 -5 of this Code. E. No person shall so load, unload, open, close or handle boxes, crates, containers, building materials, garbage cans or similar objects outdoors between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. the following morning as to create a noise disturbance across the property line of residentially zoned property. E. No person shall unload or handle garbage dumpsters or similar objects outdoors between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. the following morning as to create a noise disturbance across the property line of residentially zoned property. F. No person shall operate construction equipment before seven o'clock (7:00) A.M. and after ten o'clock (10:00) P.M. unless a permit therefor has been obtained from the city engineer. 6 -4 -4: EXCEPTIONS TO PROVISIONS: The provisions herein shall not apply to: A. The emission of sound for the purpose of alerting persons to the time of day, the existence of an emergency or the approved testing thereof. B. The emission of sound in the performance of emergency work, including snow removal and maintenance of trees. C. Emergency vehicles, such as fire trucks and ambulances. D. Essential services, such as electrical substations and safety devices. E. Construction and maintenance activities between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. "Maintenance activities" shall be nonroutine operations, temporary in nature and conducted infrequently. F. Cement sawing of freshly poured concrete street, alley, sidewalk or road surface. G. Any person emitting sound pursuant to a permit under Title 10 of this Code. H. Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including by not limited to, school athletic and school entertainment events. I. Events conducted by affiliated groups, as that term is defined in Title 10, Chapter 1 of this Code or if, sponsored or funded, in whole or in part, by a governmental entity. J. Equipment used for political advertisements. K. Equipment used for public health and safety purposes. L. Church or clock carillons, bells or chimes or other reasonable sounding of devices from houses of worship. M. Parades, processions or other public events for which a parade or other permit has been issued, provided the conditions of the permit are complied with. N. Car or truck horns or similar devices when used to denote danger or a warning or possible danger. 6 -4 -5 VIOLATION: Violation of this chapter shall be considered a municipal infraction punishable by a penalty as provided for in section 1-4-2D1 of this code or a simple misdemeanor punishable by a fine of $65.00. SECTION ll. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2014. MAYOR ATTEST: CITY CLERK ADDroveci City Attorney Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration Vote for passage: Hayek, Mims. Second Consideration _ Vote for passage: Date published Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 10/21/2014 that the AYES: Payne, Throgmorton, Botchway, Dickens, NAYS: None. ABSENT: Dobyns.