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Home My WebLink About2015-08-18 OrdinancePrepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ15-00008) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING 0.41 ACRES OF LAND LOCATED AT 705 AND 709 S. CLINTON STREET FROM INTENSIVE COMMECIAL (CI -1) ZONE TO RIVERFRONT CROSSINGS — CENTRAL CROSSINGS (RFC -CX) ZONE (REZ15-00008). WHEREAS, the applicant, 709 Clinton, LLC., has requested a rezoning of property located at 705 and 709 S. Clinton Street from Intensive Commercial (CI -1) Zone to Riverfront Crossings — Central Crossings (RFC -CX); and 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 property is located in the Central Crossings Subdistrict of the Riverfront Crossings District; and WHEREAS, the Riverfront Crossings — Central Crossings (RFC -CX) Zone was developed to help implement the vision of the Riverfront Crossings Master Plan by encouraging redevelopment that will create a more pedestrian -friendly character along S. Clinton Street, which will be designed as a "grand promenade" leading from Downtown to the new riverfront park, by enhancing the streetscape and overall aesthetics, tempering auto -dominated frontages by locating buildings closer to the street with parking behind or to the side of buildings, and creating a place where people can live close jobs, commercial services, entertainment, cultural, and recreational amenities available in Downtown Iowa City, the UI campus, and the new riverfront park along the Iowa River; and WHEREAS, the requested rezoning will result in a significant increase in the residential population in the area, which will increase pedestrian, bicycle, and vehicular traffic along Clinton Street and in the rear alley that provides vehicular access to the property; therefore, improvements to the alley and along the street frontage will be necessary to ensure public safety and to provide a more attractive environment for residential living; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan, provided that the applicant improve the rear alley to City standards from its intersection with Lafayette Street to the north property boundary of the land being rezoned prior to issuance of a certificate of occupancy of any new building(s) constructed on the property; and WHEREAS, Iowa Code §414.5 (2015) 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 and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto, to satisfy public needs caused by the requested development 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 Intensive Commercial (CI -1) to Riverfront Crossings — Central Crossings (RFC -CX): The south half of Lot 1 and Lot 2, Block 16, in that part of Iowa City, Iowa, known and designated as the County Seat of Johnson County, according to the plat thereof recorded in Book 1, Page 253, Deed Records of Johnson County, Iowa. SECTION 11. 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 111. 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 Ordinance No. Page 2 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 2015. MAYOR ATTEST: CITY CLERK Approved by: /—Y(.dd City Attorneys Office /3A Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ15-00008) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), 709 Clinton, LLC (hereinafter "Applicant"), United Brotherhood of Carpenters and Joiners, and Under There, LLC (collectively referred to hereinafter as "Owners"). WHEREAS, Owners are the legal title holders of 705 S. Clinton Street and 709 S. Clinton Street, Iowa City, Iowa, together comprising approximately 0.41 acres of property; and WHEREAS, the Applicant has requested the rezoning of said properties from Intensive Commercial (CI -1) to Riverfront Crossings — Central Crossings (RFC -CX); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions to ensure a safe and comfortable environment for residential living, including improving the rear alley to City standards in order to accommodate the substantial increase in traffic resulting from the increase in residential density caused by this rezoning, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2015) 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, certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for a safe, attractive, and comfortable environment for residential living. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. United Brotherhood of Carpenters and Joiners is the legal title holder of the property legally described as the south half of Lot 1, in Block 16, in that part of Iowa City, Iowa, known and designated as the County Seat of Johnson County, according to the plat thereof recorded in Book 1, Page 253, Deed Records of Johnson County, Iowa. 2. Under There, L.L.C. is the legal title holder of the property legally described as Lot 2, in Block 16, County Seat of Johnson County, Iowa, according to the plat thereof recorded in Book 1, Page 253, Deed Records of Johnson County, Iowa. 3. The Applicant and Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan, including the Central Crossings Subdistrict of the Downtown and Riverfront Crossings Master Plan, and the Owner intends to comply therewith. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 4. In consideration of the City's rezoning the subject property, Owners and Applicant agree that redevelopment of the subject property will conform to all requirements of the zoning chapter, as well as the following condition to be satisfied upon redevelopment of the property: 1 of 4 • Prior to issuance of any occupancy permit for any new building constructed on the subject properties or a portion thereof, Owners, or their successor(s) in interest, shall improve the alley on Block 16, County Seat Addition, to City standards from Lafayette Street north to the northern property line of that property locally known as 705 S. Clinton Street, Iowa City, Iowa, and legally described in paragraph 1 above. 5. The condition contained herein is a reasonable condition to impose on the land under Iowa Code §414.5 (2015), and that said condition satisfies public needs that are caused by the requested zoning change. 6. In the event the subject property is transferred, sold, redeveloped, or subdivided, all development will conform with the terms of this Conditional Zoning Agreement. 7. 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. 8. This agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 9. 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. 10. 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 , 2015. CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Appr ved by: City Attorney's Office By: 709 Clinton, L.L.C. By: United Brotherhood of Carpenters and Joiners By: Under There, L.L.C. 2 of 4 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 2015 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 (Stamp or Seal) My commission expires: 709 CLINTON L.L.C. ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on June , 2015 by as (type of authority, such as officer or trustee) of 709 Clinton L.L.C. Notary Public in and for the State of Iowa (Stamp or Seal) My commission expires: UNITED BROTHERHOOD OF CARPENTERS AND JOINERS ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on June , 2015 by as (type of authority, such as officer or trustee) of United Brotherhood of Carpenters and Joiners. Notary Public in and for the State of Iowa (Stamp or Seal) My commission expires: 3 of 4 UNDER THERE, L.L.C. ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on June , 2015 by as (type of authority, such as officer or trustee) of Under There, L.L.C. Notary Public in and for the State of Iowa (Stamp or Seal) My commission expires: 4 of 4 Prepared by: Katie Gandhi, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (VAC15-00002) ORDINANCE NO. ORDINANCE VACATING AN UNPAVED STREET RIGHT-OF-WAY KNOWN AS AUDITOR'S PARCEL #2008020 AND TWO UTILITY EASEMENTS WITHIN HIGHLANDER DEVELOPMENT (VAC15-00002). WHEREAS, the applicant, Southgate Companies, has requested that the City vacate and convey to the applicant the undeveloped right-of-way known as Auditor's Parcel 2008020 and two undeveloped utility easements; and WHEREAS, because this right-of-way has never been opened to the public and the utility lines have not been installed within the easement areas, no circulation or provision of utilities will be affected; and WHEREAS, these property rights encumber property in the Highlander Development and are no longer in the public interest; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of and has recommended approval of the application. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I VACATION. The City of Iowa City hereby vacates the following rights: A. The public right-of-way over Auditor's Parcel 2008020, in accordance with the plat thereof recorded in 53, AT Page 258, Johnson County, Iowa Recorder's Office; B. those utility easements established pursuant to the Underground Utility Easements recorded at Book 4361, Page 685-686, in the Records of the Johnson County, Iowa Recorder's Office, which a copy of the easement plat is attached hereto for reference. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. MAYOR ATTEST: CITY CLERK App ved by Cfit City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 08/18/2015 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published OREN EEIN 11", cn W 0 Q Q W W J "s a r�`s ,� �P.E �Sv 3x8 ��P'ob_gg o$a dv��8i`�$o �$R$o�d8�"�th• E =��gaz�b'• � S�g�WY $ =i«�° s� NL ��a°• e3f a J- IW46 q ig o� ofyy, 0 6��s� eE�Qv$ ]$ oz � °1 X08°o F E'a 6To7lAnKAH111 i h -J.) i ao� $e s i H$ aW§ oam z X913 S Ely", b ° Q Q ia� rry revs v uooe/oa/s �V LHSSfS9GL�SiTS9GL�000C� U .q" C cgs W Z LU 3 G 9--v >� 0 v J 4 Z F U U q . I qa w LLJ W 2 O Z po Q Z C i — J of W 3p E '^� J Q Z Q V 3 � i 3 Al i$ QQw LJJ = ex. LU i O 8 $ v ,_ "s a r�`s ,� �P.E �Sv 3x8 ��P'ob_gg o$a dv��8i`�$o �$R$o�d8�"�th• E =��gaz�b'• � S�g�WY $ =i«�° s� NL ��a°• e3f a J- IW46 q ig o� ofyy, 0 6��s� eE�Qv$ ]$ oz � °1 X08°o F E'a 6To7lAnKAH111 i h -J.) i ao� $e s i H$ aW§ oam z X913 S Ely", b ° Q Q 11 �40 STAFF REPORT To: Planning and Zoning Commission Prepared by: Katie Gandhi, Planning Intern Item: VAC15-00002 Date: July 2, 2015 GENERAL INFORMATION: Applicant: Southgate Companies 755 Mormon Trek Blvd Iowa City, IA 52244 Contact Person: F. Joe Hughes 319-325-8113 JHughes@SouthGateCo.com Requested Action: Vacation for Auditor's Parcel 2008020 Purpose: To vacate an existing future street right-of-way known as Auditor's Parcel 2008020 and two utility easements. Location: Adjacent to Lot 10 of Highlander Development Third Addition and north of Northgate Drive Size: A .46 acre existing future street right of way, a 10' wide utility easement, and a 15' wide utility easement. Existing Land Use and Zoning: Commercial Office (CO -1) Surrounding Land Use and Zoning: North: Undeveloped/agricultural (CO -1) South: Office (CO1) East: Agricultural (ID -RP) West: Undeveloped/agricultural (CO -1) Comprehensive Plan: Office Research Development Centers in the IC2030 Comprehensive Plan land use map File Date: May 21, 2015 BACKGROUND INFORMATION: The applicant, SouthGate Companies, is applying for a vacation of the existing street right-of-way known as Auditor's Parcel 2008020, located adjacent to Lot 10 of Highlander Development Third Addition north of Northgate Drive. The street has not yet been built. The vacation will also include the release of a 10' wide utility easement located at the Northeast corner of Lot 9 of Highlander Development Third Addition, and a 15' wide utility easement located at the northeast corner of Lot 10, Highland Development Third Addition. Once vacated, the aforementioned street right-of-way and easements will be replaced with a similar right -of way, called Clear Ridge Road to be located E approximately 450 feet to the north, and similar utility easements between Lots 28 and 29 of Highlander Fourth Addition Part 1. ANALYSIS: The following factors are to be considered in evaluating a vacation request: a) Impact on pedestrian and vehicular access and circulation; b) Impact on emergency and utility vehicle access and circulation; c) Impact on access of adjacent private properties; d) Desirability of right-of-way for access or circulation needs; e) Location of utilities and other easements or restrictions on the property; D Any other relevant factors pertaining to the specific requested vacation. a) Vehicular and pedestrian circulation and access to private property: The applicant plans to replace the vacated right-of-way and easements with a similar right-of-way and easements. This new right-of-way will maintain the desired access to the east parcels for future development, which will help maintain vehicular and pedestrian circulation and access. b) Emergency and utility and service access: The applicant plans to replace the vacated utility easements with a similar utility easement. Thus, this will not impact the availability of utilities service. c) Impact on access of adjacent private properties The proposed right-of-way should provide for future access to the property to the east if and when it develops. d) Desirability of right of way for access or circulation needs The applicant plans to replace the vacated right-of-way with a similar right-of-way. e) Location of utilities and other easements or restrictions on the property The applicant plans to replace the vacated easements with similar easements. This will not impact the location of other utilities and easements on the property. f) Any other relevant factors pertaining to the specific requested vacation There do not appear to be other factor that warrant the retention of this right-of-way. STAFF RECOMMENDATION: Staff recommends approval of VAC15-00002, a vacation of a street right of way located adjacent to Lot 10 of Highlander Development Third Addition and north of Northgate Drive, a utility easement located at the northeast corner of Lot 9, and a utility easement located at the northeast corner of Lot 10. ATTACHMENTS: 1. Location map Approved by: ! John Yapp, Development Services Coordinator, Department of Neighborhood and Development Services a� r O �O♦�- L r N to `Z O � •X � J � N O dO O U Q O �C O O > M O O A Q Q N — C.7 O C7 00 > C:) �C:) m O cA — 'y O O.O U=t17 OL L ma, _T— i O m mm w Tara { t a E 0 CL r O �O♦�- r N mm w Tara { t a E 0 CL x do 3m a 7d�t O am ares LJL to I.f'9 fi A� W W O O 1� zp��' O II O T ►t �ME�MO =9 ares LJL to I.f'9 fi A� W V �ME�MO if `%ss9"4A Nt2 �A kfl 4SRA8 � �3 O a's z:'san iW . d aae •s tlat§a6� g fipgRgq�� Na F a geF 08 =s ' §CG030i4G z grF ma z i% �I Planning and Zoning Commission July 2 2015 — Formal Meeting Page 6 of 8 Martin asked if the levee were breached during a flood event are the homes in this development covered by flood insurance. Miklo said he would find out the answer to that question. A vote was taken and the motion to defer carried 6-0. VACATION ITEM (VAC15-00002): Discussion of an application submitted by Southgate Companies for a vacation of an existing un- paved street right-of-way known as Auditor's Parcel #2008020 and two utility easements adjacent to Lot 10 of Highlander Development Third Addition and north of Northgate Drive. Miklo gave the staff report stating the property is located north of Northgate Drive and this property was recently rezoned Commercial Office (CO -1) for an office park development. The street has not yet been built. The vacation will also include the release of a 10' wide utility easement located at the Northeast comer of Lot 9 of Highlander Development Third Addition, and a 15' wide utility easement located at the northeast corner of Lot 10, Highland Development Third Addition. The vacated street right-of-way and easements will be replaced with a similar right -of way, called Clear Ridge Road to be located approximately 450 feet to the north, and similar utility easements between Lots 28 and 29 of Highlander Fourth Addition Part 1. Miklo stated that the standards for vacation of a right-of-way are detailed in the Staff report and Staff believes this application meets all those standards and recommends approval. Hensch asked where the proposed intersection to Oakdale Boulevard would be once that is extended. Miklo said that it is conceptual at this point, but showed on the map where they believed it would be. Freerks opened the public hearing. Joe Hughes (1045 Mesquite Drive, Coralville) representing Southgate Companies said they want to move the road so it won't create a dead end and can flow traffic through and connect to properties to the west and east. He noted that Oakdale Boulevard is planned to go through the very northern edge of this property. Freerks closed the public hearing. Theobald moved to approve VAC15-00002 an application submitted by Southgate Companies for a vacation of an existing un -paved street right-of-way known as Auditor's Parcel #2008020 and two utility easements adjacent to Lot 10 of Highlander Development Third Addition and north of Northgate Drive. Martin seconded the motion. Freerks asked about the language in the analysis of the Staff report. It states the applicant plans to build the replacement street to the north, but should it be a condition of approval of the vacation. Miklo said that a preliminary plat that shows the replacement street has been approved the final plat will soon be before Council, so staff if confident that the replacement street will be built in the future. A vote was taken and the motion carried 6-0. L Prepared by: Katie Gandhi, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (VAC15-00002) ORDINANCE NO. ORDINANCE VACATING AN UNPAVED STREET RIGHT-OF-WAY KNOV4N AS AUDITOR'S PARCEL #2008020 AND TWO UTILITY EASEMENTS WITHIN HIGHLANDER EVELOPMENT, FOURTH ADDITION, PART 1 (VAC15-00002). WHEREA the applicant, Southgate Companies, has requested/at equested t at the City vacate and convey to the applicant the un veloped right-of-way known as Auditor's Parcel 20 8020 and two undeveloped utility easements; and WHEREAS, beca a this right-of-way has never been opene to the public and the utility lines have not been installed within the a sement areas, no circulation or provisi n of utilities will be affected; and WHEREAS, these prop rty rights encumber property/at is being replatted with Highlander Development, Fourth Addition, Part and are no longer in the publterest; and WHEREAS, the Planning andl,,pning Commission has recommended approval of the applicdqon. NOW, THEREFORE, BE IT ORDAINED BY NE CITY SECTION I VACATION. The City of Iowa A. The public right-of-way over Auditor's Parcel in 53, AT Page 258, Johnson County, Iowa Rei reviewed the proposed vacation of and L OF THE CITY OF IOWA CITY, IOWA: the following rights: D, in accordance with the plat thereof recorded Office; B. that portion of the utility easement areas wn as ` isting 15' utility easement to be released" and "existing 10' utility easement to be release on the Hi lander Development, Fourth Addition, Part 1 final plat. SECTION II. REPEALER. All ordinanc and parts of ordina s in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any ction, provision or part oft Ordinance shall be adjudged to be invalid or unconstitutional, such adjudica i n shall not affect the validity the Ordinance as a whole or any section, provision or part thereof not adj ged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. his Ordinance shall be in effect afte 'ts final passage, approval and publication, as provided by law. c C." MAYOR , ATTEST: CITY CLER r Approved by City Attorneys Office ORDINANCE VACATING AN UN -PAVED STREET RIGHT-OF-WAY KNOWN AS AUDITOR'S PARCEL #2008020 AND TWO UTILITY EASEMENTS ADJACENT TO LOT 10 OF HIGHLANDER DEVELOPMENT THIRD ADDITION LOCATED EAST OF NORTHGATE PRIVE (VAC15-00002). WHERE , the applicant, Southgate Companies, has requeste that the City vacate and convey to the applicant the u eveloped right-of-way known as Auditor's Parcel 08020 and two undeveloped utility easements; and WHEREAS, one vacated, the aforementioned street righ of -way and easements will be replaced with a similar right -of way, Iled Clear Ridge Road, to be locatecy approximately 450 feet to the north, and similar utility easements be en Lots 28 and 29 of Highlander F rth Addition Part 1; and WHEREAS, the anticip ed right-of-way will maintair'the desired access to the east parcels for future development, which will hel\anolning ain vehicular and pedestrian circulation and access; and WHEREAS, the Planning Commissio has the reviewed the proposed vacation of and has recommended approval of theion. NOW, THEREFORE, BE IT ORDAINED BY -THE CITY, SECTION I VACATION. The City of described as follows: EASEMENT LEGAL DESCRIPTION OF THE CITY OF IOWA CITY, IOWA: hereby vacates that portion of public right-of-way A PART OF THE NORTHWEST ONE -QUA TER OFE SOUTHEAST ONE-QUARTEROF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 EST, OF TH FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA MORE PAR CULARLY DES IBED AS FOLLOW: 10' UTILITY EASEMENT COMMENCING AT THE NORTHEA CORNER OF LOT 9\IGHAONDE ER DEVELOPMENT THIRD ADDITION TO IOWA CITY, JOH SON COUNTY, IOWA,DANCE WITH THE PLAT, THEREOF RECORDED IN BOO 44, AT PAGE 215, JOHTY RECORDER'S OFFICE, THENCE S89°26'00"W, ALONG E NORTH LINE OF SAIDISTANCE OF 5.00 FEET, TO THE CENTERLINE OF A 10.00 OOT WIDE UTILITY EASETHE PONT OF BEGINNING; THENCE N00°17'00" W ALON SAID CENTERLINE, 65.00 FE POINT OF TERMINATION, THE SIDELINES OF WHICH RE LENGTHENED OR FORESALONG SAID NORTH LINE, CONTAINING 0.01 ACR (650 SQUARE FEET), ANTO EASEMENTS AND RESTRICTIONS OF RECO D. 15' UTILITY EASEMENT COMMENCING AT TH NORTHEAST CORNER OF LOT 10, HIGHLANDER EVELOPMENT THIRD ADDITION TO IOW CITY, JOHNSON COUNTY, IOWA, IN ACCORDAN WITH THE PLAT THEREOF RECORD D IN BOOK 44, AT PAGE 215, JOHNSON COUNTY RE ORDER'S OFFICE; THENCE N00012'0 E, ALONG THE EAST LINE OF THE NORTHWEST ONE- ARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, 57.50 FEET, TO THE CENTERLINE OF A 15.00 FOOT WIDE UTILITY EASEMENT AND THE POINT OF BEGINNING; THENCE S89026'00"W ALONG SAID CENTERLINE, 348.85 FEET, TO THE POINT OF TERMINATION, WHOSE SIDELINES ARE LENGTHENED OR FORESHORTENED ALONG SAID EAST LINE OF THE NORTHWEST ONE- c C-" rte- ."MOO" "L7 Prepared by: Katie Gandhi, Planning Intem, 410 E. Washington Street, Iowa City, IA 52240; 31 236*AC1` 02) N ORDINANCE NO. i o ORDINANCE VACATING AN UN -PAVED STREET RIGHT-OF-WAY KNOWN AS AUDITOR'S PARCEL #2008020 AND TWO UTILITY EASEMENTS ADJACENT TO LOT 10 OF HIGHLANDER DEVELOPMENT THIRD ADDITION LOCATED EAST OF NORTHGATE PRIVE (VAC15-00002). WHERE , the applicant, Southgate Companies, has requeste that the City vacate and convey to the applicant the u eveloped right-of-way known as Auditor's Parcel 08020 and two undeveloped utility easements; and WHEREAS, one vacated, the aforementioned street righ of -way and easements will be replaced with a similar right -of way, Iled Clear Ridge Road, to be locatecy approximately 450 feet to the north, and similar utility easements be en Lots 28 and 29 of Highlander F rth Addition Part 1; and WHEREAS, the anticip ed right-of-way will maintair'the desired access to the east parcels for future development, which will hel\anolning ain vehicular and pedestrian circulation and access; and WHEREAS, the Planning Commissio has the reviewed the proposed vacation of and has recommended approval of theion. NOW, THEREFORE, BE IT ORDAINED BY -THE CITY, SECTION I VACATION. The City of described as follows: EASEMENT LEGAL DESCRIPTION OF THE CITY OF IOWA CITY, IOWA: hereby vacates that portion of public right-of-way A PART OF THE NORTHWEST ONE -QUA TER OFE SOUTHEAST ONE-QUARTEROF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 EST, OF TH FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA MORE PAR CULARLY DES IBED AS FOLLOW: 10' UTILITY EASEMENT COMMENCING AT THE NORTHEA CORNER OF LOT 9\IGHAONDE ER DEVELOPMENT THIRD ADDITION TO IOWA CITY, JOH SON COUNTY, IOWA,DANCE WITH THE PLAT, THEREOF RECORDED IN BOO 44, AT PAGE 215, JOHTY RECORDER'S OFFICE, THENCE S89°26'00"W, ALONG E NORTH LINE OF SAIDISTANCE OF 5.00 FEET, TO THE CENTERLINE OF A 10.00 OOT WIDE UTILITY EASETHE PONT OF BEGINNING; THENCE N00°17'00" W ALON SAID CENTERLINE, 65.00 FE POINT OF TERMINATION, THE SIDELINES OF WHICH RE LENGTHENED OR FORESALONG SAID NORTH LINE, CONTAINING 0.01 ACR (650 SQUARE FEET), ANTO EASEMENTS AND RESTRICTIONS OF RECO D. 15' UTILITY EASEMENT COMMENCING AT TH NORTHEAST CORNER OF LOT 10, HIGHLANDER EVELOPMENT THIRD ADDITION TO IOW CITY, JOHNSON COUNTY, IOWA, IN ACCORDAN WITH THE PLAT THEREOF RECORD D IN BOOK 44, AT PAGE 215, JOHNSON COUNTY RE ORDER'S OFFICE; THENCE N00012'0 E, ALONG THE EAST LINE OF THE NORTHWEST ONE- ARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, 57.50 FEET, TO THE CENTERLINE OF A 15.00 FOOT WIDE UTILITY EASEMENT AND THE POINT OF BEGINNING; THENCE S89026'00"W ALONG SAID CENTERLINE, 348.85 FEET, TO THE POINT OF TERMINATION, WHOSE SIDELINES ARE LENGTHENED OR FORESHORTENED ALONG SAID EAST LINE OF THE NORTHWEST ONE- Ordinance No. Page 2 QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, CONTAINING 0.12 ACRE, (5,233 SQUARE FEET), AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. R.O.W. LEGAL DESCRIPTION ALL OF AUDITOR'S PARCEL 2008020 AS RECORDED IN THE PLAT OF SURVEY R.O.W. ACQUISITION AUDITOR'S PARCEL 2008020 IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 5 AT PAGE 258, JOHNSON COUNTY RECORDER'S OFFICE, LOCATED WITHIN A PART OF THE ORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, "'NGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, M RE PARTICULARLY DESCRIBED AS FOLLOWS: RIGHT OF WAY VACATION AUDITORS PARCEL 2008020 BEGINNING AT THE NORTHEAS CORNER OF LOT 10, HIGHLAND DEVELOPMENT THIRD ADDITION, IOWA CITY, IOWA, IN AC ORDANCE ITH THE PLAT THEREOF RECORDED IN BOOK 44, PAGE 215, OF THE RECORDS OF HE JOH ON COUNTY COUNTIES RECORDER'S OFFICE; THENCE S89°26'00"W, ALONG THEN TH NE OF SAID HIGHLAND DEVELOPMENT THIRD ADDITION, 398.08 FEET, TO THE NO H AST CORNER OF LOT 9, OF SAID HIGHLAND DEVELOPMENT THIRD ADDITION; THEN N00°17'00"W, 50.00 FEET; THENCE N89°26'00"E, 398.50 FEET, TO A POINT ON THE EA LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, T W HIP 80 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOH SON OUNTY, IOWA; THENCE S00°12'00"W, ALONG SAID EAST LINE, 50.00 FEET, TO SAID OINT OF EGINNING, CONTAINING 0.46 ACRE, (19,915 SQUARE FEET), AND SUBJECT TO EAS ENTS AN ESTRICTIONS OF RECORD. SECTION II. REPEALER. All ordin ces and parts of or 'nances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If a y section, provision or pa of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjud' tion shall not affect the va ity of the Ordinance as a whole or any section, provision or part thereof not djudged invalid or unconstitutio I. SECTION IV. EFFECTIVE DA E. This Ordinance shall be in elle t after its final passage, approval and publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office - C= Cm L N O Z_ 08-118-115 4c Prepared by: Katie Gandhi, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (VAC15-00004) ORDINANCE NO. ORDINANCE VACATING A PORTION OF HARRISON STREET LOCATED WEST OF LINN STREET AND EAST OF DUBUQUE STREET (VAC15-00004). WHEREAS,_ the applicant,_ City of Iowa City, has requested the vacation of that portion of the 80ft- wide Harrison Street right-of-way located west of the Linn Street and south of Lot 4, Block 1, according to the County Seat Addition to Iowa City, Iowa; and WHEREAS, the right-of-way has never been developed, does not currently allow vehicular traffic, and has been determined not necessary for future vehicular circulation; and WHEREAS, this vacation will not impact vehicular access and circulation; it will not impact emergency and utility vehicle access and circulation; it will not impact access of adjacent private properties; and WHEREAS, there are no private utilities on the property; and WHEREAS, there is a subsurface public storm sewer in the right-of-way for which an easement will be retained unless and until the storm sewer is relocated as a part of redevelopment; and WHEREAS, the City finds it reasonable to maintain a 10' public access easement for pedestrian circulation within the neighborhood; and WHEREAS upon vacation, the City anticipates conveying it to CA Ventures, who will incorporate it into the redevelopment of Lots 1-4, Block 1, County Seat Addition to Iowa City, Iowa, for a mixed-use development, including a pedestrian walkway; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of and has recommended approval of the application subject to the retention of pedestrian easement, a minimum of 10' in width, for the southern edge of the right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I VACATION. The City of Iowa City hereby vacates that portion of the 80 -foot Harrison Street public right-of-way lying south of Lot 4, Block 1, of the County Seat Addition to Iowa City, Iowa, approximately 150 feet in length and containing 12,000 square feet more or less, subject a) to a public access easement over the southernmost 10 feet, which shall not prevent use of the easement area for below -grade foundations and support, landscaping, and building maintenance and cleaning and the temporary closures thereof, and subject to b) a 15' storm sewer easement allowing access and maintenance of the existing public storm sewer. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK Appr ed by k City Attorney's Office/(2 /��- 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 —08/18/2015 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published To: Planning and Zoning Commission Item: VAC15-00004 GENERAL INFORMATION: Applicant: Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: BACKGROUND INFORMATION: STAFF REPORT Prepared by: Katie Gandhi, Planning Intern Date: July 16, 2015 City of Iowa City 410 E Washington Street Iowa City, IA 52240 John Yapp 319-356-5252 John-yapp@iowa-city.org Vacation of a right-of-way To vacate the 150' by 80' right-of-way in order to convey the right-of-way to CA Ventures. West of the Linn Street right-of-way and south of lot 4 in block 1, according to the original town plat. 12,000 square feet or .275 acres. Right-of-way - None North: Residential - Planned High Density Multi - Family (PRM) South: Residential - Planned High Density Multi - Family (PRM) East: Right -of -Way - None West: Right -of -Way — None Mixed Use in the IC2030 Comprehensive Plan land use map July 1", 2015 The applicant, City of Iowa City is applying for a vacation eastern 150 -feet of the 80ft-wide Harris Street right-of-way located west of the Linn Street right-of-way and south of lot 4 in block 1, according to the original town plat. The city is requesting to vacate this right-of-way with the purpose of conveying the right-of-way to CA Ventures, who will construct a city council -approved mixed-use development on and north of the right-of-way. 2 ANALYSIS - The following factors are to be considered in evaluating a vacation request: a) Impact on pedestrian and vehicular access and circulation; b) Impact on emergency and utility vehicle access and circulation; c) Impact on access of adjacent private properties; d) Desirability of right-of-way for access or circulation needs; e) Location of utilities and other easements or restrictions on the property; D Any other relevant factors pertaining to the specific requested vacation. a) Vehicular and pedestrian circulation and access to private property: The right-of-way has never been developed and thus does not currently allow vehicular traffic. As a result, it has been determined that the right-of-way is not required for future vehicular circulation. The recipient of the right-of-way, CA Ventures, plans to maintain a pedestrian passageway in this space. b) Emergency and utility and service access: Emergency, utility, and service access to this right-of-way will not be impacted by the vacation. c) Impact on access of adjacent private properties The vacation will allow CA Ventures to construct a mixed-use facility in and to the north of the right-of- way. The development proposed for the right-of-way will include a pedestrian walkway on the south edge of the right-of-way, which will help maintain adjacent private properties' access to the street network. d) Desirability of right of way for access or circulation needs The concept plan submitted by CA Ventures includes a pedestrian walkway on the south edge of the right-of-way. This will help facilitate pedestrian circulation in the neighborhood. A need for vehicular circulation is not evident in this right-of-way. e) Location of utilities and other easements or restrictions on the property The City of Iowa City recommends that the future owner of the vacated right-of-way, CA Ventures, retain a pedestrian easement no less than 10' in width in the right-of-way. The Iowa City public works department will need to confirm the presence of water and sewer public utilities in the right-of-way. If utilities exist, the developer may be required to obtain a utility easement. f) Any other relevant factors pertaining to the specific requested vacation There do not appear to be other factors that warrant the retention of this right-of-way. STAFF RECOMMENDATION: Staff recommends approval of VAC15-00004, a vacation of the eastern 150 -feet of the 80ft-wide Harris Street right-of-way located west of the Linn Street right-of-way and 3 south of lot 4 in block 1, according to the original town plat. Staff also recommends approval of pedestrian easement, a minimum of 10' in width, for the southern edge of the right-of-way. ATTACHMENTS: 1. Location map Approved by: John Yapp, DevelopmeV Services Coordinator, Department of Neighborhood and Development Services ••1 v � [ m a m m a a as d � v C [p tD � O � 6 Planning and Zoning Commission July 16 2015 — Formal Meeting Page 7 of 14 Eastham opened the public discussion. Duane Musser (MMS Consultants) represented the applicant. He stated they would like to request a deferral this evening on this application. The applicant would like to find out more details regarding the condition of the sidewalk. He is working with City Staff to get answers and feels they will all be better prepared in two weeks' time. Eastham asked if the connection of the sidewalk is the only concern. Musser agreed that was the only concern the applicant had. The applicant is developing Churchill Part One, this will be Churchill Part Two, so it is the same group of owners doing both developments. The applicants felt they met the condition of pedestrian access by obtaining the easement from the church property and constructing the sidewalk access through that property. Additionally Musser said the potential annexation of another property between city limits and this parcel would help with costs associated with the sidewalk construction. The applicant also has a concern about constructing a 8 foot wide sidewalk now that could be tore out in 5 or 10 years when Herbert Hoover Highway is redone or could a temporary path system be created to allow pedestrian access for the time being. Eastham commented that his concern was access for children to get to Lemme School and if there was an advantage of one particular route over the other. Musser noted that traffic on Herbert Hoover Highway was at great speeds than Lower West Branch Road. Hensch asked what the school designated for this development would be. Musser was not sure, Eastham thought it would be Lemme. Miklo said he would confirm that at the next meeting. Eastham closed the public hearing. Martin moved to defer ANN15-00001 and REZ15-00014, annexation of approximately 18.66 acres and a rezoning from County Multi -Family Residential (RMF) to 1.91 acres of Low Density Multi -Family Residential (RM -12) and 16.75 acres of Low Density Single Family Residential (RS -5) for the property located south of Herbert Hoover Highway. Hensch seconded the motion. A vote was taken and the motion passed (6-0, Freerk absent) VACATION ITEM (VAC15-00004): Discussion of an application submitted by City of Iowa City for a vacation of approximately. 275 acres (150' by 80') of unimproved Harrison Street located west of the Linn Street right-of-way, south of Lot 4 in Block 1. Miklo showed a photograph of the area, which is west of Linn Street. The street right-of-way has been there since the original plat but has never been built because of the steepness of the grade. Due to the steepness it is highly unlikely it would ever be built as a street and it is not needed for utilities or other public services. Staff is recommending the area be vacated and it would then be joined with the adjoining property that CA Ventures is acquiring from the City for development that was recently reviewed by the City Council. Hensch asked if the property was directly south of the old St. Patrick's Parish Hall. Miklo confirmed Planning and Zoning Commission July 16 2015 — Formal Meeting Page 8 of 14 it was. Eastham asked how this parcel was addressed in the Riverfront Crossings Plan. Miklo said the Plan shows this property as being part of the development of the block to the north. Miklo showed the CA Ventures proposal which showed a parking structure with two towers on it and a walkway that would be retained to allow pedestrian access between the two sections of Harrison Street. Eastham opened the public hearing. Seeing no one, Eastham closed the public discussion. Hensch moved to approve VAC 15-00004, a vacation of the eastern 150 -feet of the 80ft-wide Harrison Street right-of-way located west of the Linn Street right-of-way and south of lot 4 in block 1, according to the original town plat, subject to the creation of a pedestrian easement, a minimum of 10' in width, for the southern edge of the right-of-way. Parsons seconded the motion. A vote was taken and the motion passed 6-0 (Freerks absent). CODE AMENDMENT ITEM: Discussion of amendments to Title 14, Zoning to add a definition for "rooftop service areas" and establish standards for such uses. Fruin began the Staff Report reminding the Commission of the discussion at the May 21 meeting and the concern about noise and how that would be handled. All the other requirements that were mentioned at the May 21 meeting still stand, the ADA requirements, the screening requirements, etc. Given the concerns regarding noise that the Commission raised the Staff has gone back and codified the noise regulations. The first proposal was to just handle noise through the temporary use permit system. In that system everything would be reviewed on case-by-case basis. In the new proposal that is still the case, except they have also greatly restricted who is even eligible to get a temporary use permit. There is a table in the Staff memo that shows each zoning classification and the limitations in each on amplified noise and limits on occupancy and hours of operation. Fruin said amplified noise would only be allowed in the CB -10 district, which is the heart of the downtown and for hotels in the Riverfront Crossings South Downtown District. There are restrictions for no live entertainment using amplified noise, live entertainment would be allowed, but could not be amplified. It also states that under no circumstance would amplified noise be allowed after midnight or before 10 a.m. Martin asked for clarification on whether amplified sound is allowed for hospitality oriented retail use in the downtown CB -10 zone. Fruin said yes it would be allowed. Dyer asked what would be amplified if live music is not allowed. Fruin said amplified meant plugged in, so in the areas where no amplified is allowed, not even speakers can have microphones. Eastham asked for where the provisions are that allow hotels to have amplified sound in their Prepared by: Katie Gandhi, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 31 ORDINANCE NO. ORDINANCE VACATING A PORTION OF HARRISON STREET LO�TED VAND EAST OF DUBUQUE STREET (VAC1 -00004). T ' cr+ C r 30 (VAC154) L16 STREET WHEREAS, the applicant, City of Iowa City, has requested t e vacation of that portion of the 80ft- wide Harrison Street right-of-way located west of the Linn Streeta south of Lot 4, Block 1, according to the County Seat Addition to. Iowa City, Iowa; and WHEREAS, the righ f -way has never been developey , does not currently allow vehicular traffic, and has been determined not ecessary for future vehicular cipbulation: and WHEREAS, this vacatibp will not impact vehicu r access and circulation; it will not impact emergency and utility vehicle a\stormse irculation; will not impact access of adjacent private properties; and WHEREAS, there are no s on /thproperty; and WHEREAS, there is a sulicswer in the right-of-way for which an easement will be retained unless and until thr is elocated as a part of redevelopment; and WHEREAS, the City finds it reasonabl o maintain a 10' public access easement for pedestrian circulation within the neighborhood; and WHEREAS upon vacation, the City anticipate conveying it to CA Ventures, who will incorporate it into the redevelopment of Lots 1-4, Blo 1, County at Addition to Iowa City, Iowa, for a mixed-use development, including a pedestrian wa way; and WHEREAS, the Planning an Zoning Commission h the reviewed the proposed vacation of and has recommended approval of the plication subject to the re ntion of pedestrian easement, a minimum of 10' in width, for the southern ed of the right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OP\THE CITY OF IOWA CITY, IOWA: SECTION I VACATION. he City of Iowa City hereby vacates that p rtion of the 80 -foot Harrison Street public right-of-way lying s uth of Lot 4, Block 1, of the County S t Addition to Iowa City, Iowa, approximately 150 feet i ength and containing 12,000 square feet mor or less, subject a) to a public access easement over lyle southernmost 10 feet, which shall not prevent se of the easement area for below -grade foundati sand support, landscaping, and building mainten ce and cleaning and the temporary closures/hereof, and subject to b) a 15' storm sewer ease6*nt allowing access and maintenance of the xisting public storm sewer. All ordinances and parts of ordinances in conflict with`the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Prepared by: Katie Gandhi, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (VAC15-00004) ORDINANCE NO. ORDINANCE VACATING A PORTION OF HARRISON STREET LOCATED WEST OFA LINN STREET AND EAST OF DUBUQUE STREET (VAC15-00004). I WHEREAS, the applicant, City of Iowa City, has requested the vacation of that Ribirtion of the 80ft- wide Harrison Street right -of- ay located west of the Linn Street and south of Lot 4, BI k 1, according to the County Seat Addition to lova City, Iowa; and WHEREAS, the right-oy has never been developed, does not currently ow vehicular traffic, and has been determined not netssary for future vehicular circulation; and WHEREAS, this vacationill not impact vehicular access and circul ion; it will not impact emergency and utility vehicle acce and circulation; it will not impact acc ss of adjacent private properties; and WHEREAS, there are no priv\eas s on the property; There is subsurface public storm sewer in the right-of-way for which ant will be retained unless a d until the storrn,.,%ewer is relocated as a part of redevelopment; 22 C_ WHEREAS, the City finds it reasonable, wever, to maintain a 0' public ac asFment M pedestrian circulation within the neighborhood; and - w- WHEREAS upon vacation, the City anticipates c veying it to Ventures, whcXnce0orat into the redevelopment of Lots 1-4, Block 1, County Se Addition t Iowa City, Iowa, m�i'ced- development, including a pedestrian walkway; and WHEREAS, the Planning and Zoning Commission has he eviewed the proposed vacatidR of and has recommended approval of the application subject to the rete on of pedestrian easement, a minimum of 10' in width, for the southern edge of the right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC OF E CITY OF IOWA CITY, IOWA: SECTION I VACATION. The City of Iowa City herebyva tes that po ion of the 80 -foot Harrison Street public right-of-way lying south of Lot 4, Block 1, oft County Sea Addition to Iowa City, Iowa, approximately 150 feet in length and containing 12,00 square feet mo or less, subject to a public access easement over the southernmost 10 feet, whic shall not prevent us of the easement area may be for below -grade foundations and support, landscapi g, and building maint ance and cleaning, which may require temporary closures thereof, and subje to a storm sewer ease ent allowing access and maintenance of the existing public storm sewer unl s and until the storm sewer 's relocated as a part of redevelopment, and subject to any other easement and restrictions of record. SECTION II. REPEALER. All ordinances a d parts of ordinances in conflict with a provisions of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If any se ion, provision or part of the Ordinance shall b adjudged to be invalid or unconstitutional, such adjudicatio shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjud d invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. is Ordinance shall be in effect after its final passage, approval and publication, as provided by law. 08-18-15 as Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14: ZONING TO ADD A DEFINITION FOR "ROOFTOP SERVICE AREAS" AND ESTABLISH STANDARDS FOR SUCH USES. WHEREAS, Iowa City, similar to other cities across the country, have experienced an increased demand for outdoor seating areas associated with restaurants, bars, hotels, and similar commercial uses; and WHEREAS, rooftop service areas (RSAs) offer a similar outdoor atmosphere and add to the vibrancy of commercial areas and are particularly attractive in urban settings where ground level outdoor space on private property is limited; and WHEREAS, due to the concentration of drinking establishments in the downtown area, many are considered nonconforming with regard to the required 500 foot spacing requirement, so without an amendment to the zoning ordinance, any expansion to include a rooftop service area would not be allowed due to the prohibition against expansion of nonconforming uses; WHEREAS, while rooftop service areas may be a desirable use in certain areas, for larger rooftop service areas or for those associated with late night operations, such as bars, careful consideration of location, proximity to residential uses, hours of operation, design, noise, and accessibility need to be taken into account and therefore consideration of each on a case by case basis through the special exception process is warranted; and WHEREAS, for smaller rooftop service areas with limited hours of operation or for certain uses, such as hotels, that are likely to take potential externalities into account due to presence of overnight guests, a less stringent administrative design review process is appropriate; and WHEREAS, noise control and use of amplified sound is of particular concern due to the potential for sound to travel further from elevated locations, so special attention is needed when considering design of these spaces to prevent nuisance noise and amplified sound should only be allowed with oversight by the City through a temporary use permit or through special provisions reviewed administratively by the City; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning amendments and recommend approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amend Article 14-9A, General Definitions, adding the following definition, as follows: Rooftop Service Area (RSA): An accessory use to an Eating or Drinking Establishment, Commercial Recreational Use, Hospitality -Oriented Retail Use or similar principal use that is designed as an outdoor seating or gathering space located on a rooftop or upper floor terrace of a building, and that is open to the public for events, entertainment, meetings, and/or as a food and beverage service area. Rooftop patios or upper floor terraces intended for private use by the residents or occupants of a building are not considered RSAs. If the RSA is accessory to an establishment that is licensed by the State to sell alcoholic beverages, it is considered a type of "Outdoor Service Area" as defined in Section 4-1-1, and is subject to the applicable regulations in Title 4, Alcoholic Beverages. Ordinance No. Page 2 B. Amend Section 14-4C-2, adding a new subsection V to allow rooftop service areas as accessory uses in specific zoning districts and establish specific approval criteria for RSAs, as follows: V. Rooftop Service Areas (RSAs) Rooftop Service Areas (RSAs), as defined in Article 14-9A, are allowed in accordance with the regulations indicated in this subsection and Table 4C-2. Where a RSA is allowed as a provisional use, the application for such approval shall be administered through the Design Review process. Where a RSA is allowed only by special exception, an application for such approval must be reviewed and approved by the Board of Adjustment. Any RSA accessory to a use that is licensed by the State to sell alcoholic beverages is considered a type of "outdoor service area," as defined in Title 4-1-1, and is subject to the applicable regulations in Title 4, Alcoholic Beverages. Additional approval criteria apply to RSAs proposed for nonconforming Drinking Establishments, as set forth in paragraph 2, below. Table 4C-2: Rooftop Service Areas (RSAs) Zone General Rules Requirements iD Zones, 1.1,1-2 None permitted Not applicable Residential Zones None Permitted Not applicable CO -1, CN -1, MU, RFC -G Allowed as Provisional Uses Compliance with approval criteria listed below. For RSAs serving alcohol, compliance with applicable regulations for outdoor service areas in Title 4, Alcoholic Beverages. Maximum Occupancy: 30, or the max. occupancy for the principal use, whichever is less. Hours of Operation limited to: 10:00 AM to 10:00 PM or when the kitchen is closed, whichever is more restrictive. CI.1, CC -2, CH -1, C13-2, C&5 Allowed as Provisional Uses within the hours Compliance with approval criteria listed below. RDP, ORP of operation and occupancy limits stated in For RSAs serving alcohol, compliance with this Table. applicable regulations for outdoor service areas A RSA operating outside of the hours of in Title 4, Alcoholic Beverages. operation or occupancy limits set forth in this Maximum Occupancy: 30, or the max. table may be allowed by special exception. occupancy for the principal use, whichever is However, if located within 100 feet of a less. residential zone, no special exception is Hours of Operation limited to: 10:00 AM to 10:00 allowed. PM or when the kitchen is closed, whichever is earlier. For RSAs that require a special exception, compliance with the general special exception approval criteria set forth in 14-4B-3. Ordinance No. Page 3 RFC Zones, except RFC -G C&10 If accessory to: Hospitality -Oriented Retail Use: Allowed as a provisional use in accordance with the hours of operation set forth in this table. A RSA operating outside these hours may be allowed as a special exception. Commercial Recreational Use or Eating Establishment: Allowed as a Provisional Use in accordance with the occupancy limit and hours of operation set forth in this table A RSA operating outside of these hours of operation or occupancy limits is allowed only by special exception. Drinking Establishment or other principal use not listed above: Allowed only by special exception. If accessory to: Hospitality -Oriented Retail Use: Allowed as a provisional use. Commercial Recreational Use or Eating Establishment: Allowed as a Provisional Use, provided the RSA has an occupancy limit of 50 people or less. A special exception is required for RSAs proposed to exceed this occupancy limit. Drinking Establishments or other principal uses not listed above: Allowed only by special exception. Compliance with approval criteria listed below. For RSAs that require a special exception, compliance with the general special exception approval criteria set forth in 14-413-3. For RSAs serving alcohol, compliance with applicable regulations for outdoor service areas in Title 4, Alcoholic Beverages. Maximum Occupancy: 30, or the max. occupancy for the principal use, whichever is less. Hours of Operation limited to: 10:00 AM to 10:00 PM - Sunday —Thursday 10:00 AM to 12:00 Midnight — Friday, Saturday, or when the kitchen is closed, whichever is earlier. If located within 100 feet of a residential zone, the maximum occupancy shall be 30 and the hours of operation shall be limited to 10:00 AM to 10:00 PM daily or when the kitchen is closed, whichever is earlier. These limits may not be exceeded by special exception. Compliance with approval criteria listed below. For RSAs that require a special exception, compliance with the general special exception approval criteria set forth in 14-413-3. For RSAs serving alcohol, compliance with applicable regulations for outdoor service areas in Title 4, Alcoholic Beverages. If located within 100 feet of a residential zone, maximum occupancy is 30 and hours of operation limited to 10:00 AM to 10:00 PM daily or when the kitchen is closed, whichever is more restrictive. These limits may not be exceeded by special exception Approval Criteria for Rooftop Service Areas a. Accessibility The RSA shall meet all building and fire code requirements, be ADA compliant, include elevator service, and have accessible restrooms provided. b. Design The RSA shall be designed in an attractive manner that will not detract from adjacent uses, and will prevent nuisance and safety issues. The applicant shall submit a design plan with the application for a RSA that, at a minimum, specifies and illustrates the proposed size, dimensions, setbacks from adjacent buildings and roof edges, occupancy load, layout, landscaping elements, access routes, elevator, and accessible bathrooms. RSAs shall meet the following minimum standards. If a special exception is required, the Board of Adjustment may impose additional or more restrictive conditions to mitigate any anticipated externalities, including but not limited to restrictions on hours of operation, lighting, size, occupancy load, and setback and screening requirements. Ordinance No. Page 4 1) The RSA shall be located directly adjacent to or above the use to which it is accessory and there shall not be other uses located on floors in between the RSA and the use to which it is accessory. 2) The RSA must be setback from adjacent upper floor uses and the edge of the roof and screened and completely enclosed within a decorative fence or wall built of high quality, durable materials. Landscaping elements, such as planters and green roofs, may be used to soften views or provide a buffer. The setback and screening must be established in a manner that will not unduly block light, air, or outdoor views from upper floor windows on abutting buildings. 3) The RSA must be set back a minimum of 10 feet from the street -facing edge of the roof. A smaller buffer between the RSA and the roof parapet or guardrail may be allowed, provided the buffer is determined to adequately address public safety. The buffer and screen wall shall be of a sufficient depth and/or height and constructed of attractive, durable materials that may also include landscaping elements to prevent persons from leaning or dropping things over the parapet or guardrail that encloses the terrace or rooftop. A design of the proposed buffer and screen wall shall be submitted with the application. 4) The lighting must comply with Article 14-5G, Outdoor Lighting Standards. Except for any lighting required by the building code, lights must be turned off when the RSA is not in operation. A lighting plan shall be submitted that illustrates compliance with these standards. 5) No signs shall be allowed in or on the exterior wall or fence of the RSA that are within public view, as defined in 14-9A. c. Management 1) For RSAs that are also outdoor service areas, as defined in Title 4, there must be a RSA management plan in place and at least one employee must be designated to monitor the safety and compliance of the RSA during hours of operation. The proposed management plan shall be submitted with the application. If nuisance or safety issues arise, the City may require immediate changes to the management plan and/or the number of monitors to remedy the situation and reserves the right to suspend or revoke the RSA permit. 2) In the CB -10 Zone, where the building containing the RSA abuts or is directly across a public alley from a property containing upper floor residential uses or hotel rooms that have windows facing the RSA, the hours of operation of the RSA are limited to 10:00 AM to10:00 PM Sunday through Thursday and 10:00 AM to 12:00 midnight Friday and Saturday. d. Food Service If alcohol is being served, food service must be provided. Prior to approval of a RSA, the applicant must submit evidence indicating how this requirement will be met. e. Noise The design of the RSA must minimize the carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, or similar may be required. Evidence of such a noise mitigation plan must be included with a RSA application. In addition, after a RSA is established, the City reserves the right to require additional measures to remedy any violation of the City's noise or nuisance ordinance, as determined by the City. Ordinance No. Page 5 Amplified Sound Due to the potential nuisance to neighboring properties and the general public in the surrounding neighborhood, amplified sound is only allowed for RSAs associated with hospitality -oriented retail uses in the RFC -SD subdistrict and for RSAs in the CB -10 Zone, subject to the limitations set forth below. RSAs accessory to Hospitality - Oriented Retail Uses are not required to obtain a temporary use permit, but must comply with the City's noise and nuisance ordinance, and the standards stated below. Amplified sound is only allowed for a RSA in the CB -10 zone upon receipt of a seasonal temporary use permit, unless it is accessory to a hospitality -oriented use. Permits for amplified sound are subject to the standards and restrictions set forth below and the general approval criteria for temporary uses as set forth in Article 14- 4D. A temporary use permit may be denied or rescinded at the discretion of the City if noise becomes a nuisance or terms of the temporary use permit or the special exception conditions are violated. 1) If a RSA is located within 300 feet of a residential zone, amplified sound is prohibited; 2) The City may restrict the hours when amplified sound may be used. However, in no case shall amplified sound be permitted between the hours of 12:00 midnight and 10:00 AM; 3) No live entertainment using amplification shall be allowed; 4) Amplified sound may be restricted or prohibited during public events, festivals or concerts; 5) The applicant must demonstrate to the satisfaction of the City that the design of the RSA will minimize carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, control of volume, or similar may be required. 2. Additional Special Exception Approval Criteria for Nonconforming Drinking Establishments A RSA accessory to a nonconforming Drinking Establishment may be allowed by special exception provided it meets the general approval criteria for special exceptions set forth in 14-413-3, the approval criteria stated above for all RSAs and the additional approval criteria listed below: a. The RSA shall be located directly above and contiguous to the licensed drinking establishment. Contiguous means there may not be other uses located on floors in between the drinking establishment and the accessory RSA. b. There shall be no horizontal expansion of the licensed drinking establishment; c. There shall be no increase in interior floor area or interior occupant load of the existing drinking establishment, except if necessary for required bathrooms, elevator, stairs, kitchen equipment, or other essential elements necessary to meet accessibility, building code requirements or to meet the requirements or conditions of the special exception. C. Amend 14-4D-2, Temporary Uses Allowed, by adding a new subparagraph as follows: • Seasonal permit for any proposed amplified sound for rooftop service areas (RSAs) located in the Central Business District (CB -10), subject to the standards and restrictions set forth in Section 14 -4C -2V, Rooftop Service Areas, and any other conditions deemed appropriate by the City to ensure the general comfort, welfare and safety of the public. Ordinance No. Page 6 D. Delete 14 -4E -5A-1, and substitute in lieu thereof: 1. A nonconforming use shall not be enlarged, except as set forth in this Section 5. E. Amend subsection 14 -4E -5G, Nonconforming Drinking Establishments and Alcohol Sales - Oriented Retail Uses, by adding a new paragraph 4, as follows: 4. Non -conforming Drinking Establishments may expand to include a rooftop service area upon approval of a special exception pursuant to the criteria set forth in 144C, Accessory Uses. F. Amend Design Review Article, Section 14 -3C -2A, adding a paragraph 11, as follows: 11. Rooftop Service Areas as set forth in 14-4C, Accessory Uses. G. Amend Design Review Article, Section 14 -3C -3A -1a, to require a Level 1 Design Review for rooftop service areas by adding a paragraph 12 as follows: (12) Rooftop Service Areas as set forth in 14-4C, Accessory Uses. H. Amend Design Review Article, Section 14 -3C -3B, setting forth design review approval criteria for rooftop service areas by adding a paragraph 10, as follows: 10. Rooftop Service Areas allowed as provisional uses according to approval criteria set forth in 14-4C, Accessory Uses. SECTION ll. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of , 2015. MAYOR ATTEST: CITY C ER IKApproved by: CG(a- City Attorney's Office .4 Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 08/18/2015 Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published e f.� CITY OF IOWA CITY � MEMORANDUM Date: July 10, 2015 To: Planning and Zoning Commission From: Geoff Fruin, Assistant City Manager Re: Rooftop Service Areas At your May 21, 2015 meeting you requested that staff consider codifying stricter limitations on amplified noise for rooftop service areas (RSAs). Previously, staff had suggested that amplified noise be handled outside of the Board of Adjustment's special exception process through a temporary use permit. Such a permit is renewed annually and can be granted with conditions that are appropriate for the unique circumstances of each application. It is important to note that a temporary use permit is not a right and if circumstances dictate, the City can choose not to issue such a permit. In response to the concerns articulated by commission members, staff has made the following revisions to the ordinance: We have added a table that more clearly indicates the zones where rooftop service areas are allowed and under what conditions. Note that in a number of zones hours of operation will be limited and occupancy will be limited to 30 or fewer persons. An applicant may request a special exception to exceed these limitations in some zones, but this option is not available in the zones that are more likely to be located in proximity to residential areas (CO -1, CN -1, MU, RFC -G). Regardless of the zone, if located within 100 feet of a residential zone, the occupancy is limited to 30 and the RSA must close by 10:00 PM or when the kitchen is closed, whichever is earlier and there is no option to exceed these limitations by special exception. It is only in the CB -10 Zone where a RSA may be open during bar hours (midnight to close), so we added a provision in the CB -10 Zone to address situations where the property abuts or is directly across a public alley from a residential or hotel use that has windows facing the RSA. In such a case the RSA must close by 10:00 p.m. Sunday through Thursday and by 12:00 midnight Friday and Saturday. In addition, all RSAs accessory to drinking establishments in the CB -10 Zone must be approved through a special exception, so the Board of Adjustment may impose further restrictions if warranted based on the particular location and the adjacency of other uses. We added a provision requiring applicants to indicate how the RSA will be designed to minimize carry of noise across property boundaries. Amplified sound is prohibited within RSAs, except for RSAs accessory to hotels (hospitality -oriented retail) in the RFC -South Downtown and for RSAs in the CB -10 Zone. In the CB -10 Zone, a seasonal temporary use permit is required for use of amplified sound. Hotels are not required to apply for a yearly temporary use permit (see further explanation below), but any use of amplified sound within an RSA must comply with the standards listed below and are subject to the City's noise and nuisance ordinance. o If a RSA is located within 300 feet of a residential zone, amplified sound is prohibited; o The City may restrict the hours when amplified sound may be used. However, in no case shall amplified sound be permitted between the hours of 12:00 midnight and 10:00 AM; o No live entertainment using amplification shall be allowed; July 10, 2015 Page 2 o Amplified sound may be restricted or prohibited during public events, festivals or concerts; o The applicant must demonstrate to the satisfaction of the City that the design of the RSA will minimize carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, control of volume, or similar may be required. Specific language is also included that reiterates the City's right to enforce its noise and nuisance ordinance and to rescind the temporary use permit if nuisances arise. While these revisions provide stricter rules to manage potential noise concerns, staff still believes the amplified noise issue is best dealt with outside of the special exception process through a temporary use permit. This will allow for additional conditions if warranted, and afford greater flexibility and timely response to remedy unanticipated noise concerns. While considering these additional conditions, it was brought to our attention that the Hotel Vetro has a rooftop terrace where special events are often held, such as weddings, conferences, receptions, and similar. As would be expected, amplified sound is sometimes used during these special events and the City has never heard of or received any complaints regarding the use of this space. Since we are trying to encourage more hotels downtown and in Riverfront Crossings and special events are often an important part of a hotel's business model, we recommend allowing rooftop service areas and use of amplified sound without a temporary use permit. It is staff's opinion that hotels will tend to be self -policing with regard to nuisance issues related to any rooftop or other outdoor amenity areas, so as not to disturb other guests in the hotel, so there is little reason to impose additional approval processes regarding the use of these outdoor spaces. It should be noted that as with all uses in the city, hotels are subject to the City's general nuisance and noise ordinances, so the City is not without recourse to take corrective action if an issue arises. Additionally, if alcohol is being served in the outdoor spaces, hotels are subject to the City and State regulations regarding alcoholic beverages. It is staff's opinion that the changes outlined above provide a good starting point for regulating RSAs and for managing noise associated with RSAs. It is anticipated that changes to the ordinance may be needed after the community has some experience with these uses. Amend Article 14-9A, General Definitions, by adding the following definition: Rooftop Service Area (RSA): An accessory use to an Eating or Drinking Establishment, Commercial Recreational Use, Hospitality -Oriented Retail Use or similar principal use that is designed as an outdoor seating or gathering space located on a rooftop or upper floor terrace of a building, and that is regularly open to the public for events, entertainment, meetings, and/or as a food and beverage service area. Rooftop patios or upper floor terraces intended for private use by the residents or occupants of a building are not considered RSAs. If the RSA is accessory to an establishment that is licensed by the State to sell alcoholic beverages, it is considered a type of "Outdoor Service Area" as defined in Section 4-1-1, and is subject to the applicable regulations in Title 4, Alcoholic Beverages. Amend Section 14-4C-2, to add a new subsection V., as follows (and renumber the remaining subsections accordingly): V. Rooftop Service Areas (RSAs) Rooftop Service Areas (RSAs), as defined in Article 14-9A, are regulated as indicated in this subsection. Applications for RSAs allowed as provisional uses shall be administered through the Design Review process. Applications for RSAs that require a special exception must be reviewed and approved by the Board of Adjustment. Any RSA that is accessory to a use that is licensed by the State to sell alcoholic beverages is considered a type of "outdoor service area," as defined in Title 4-1-1 and is also subject to the applicable regulations in Title 4, Alcoholic Beverages. Additional approval criteria apply to RSAs proposed for nonconforming Drinking Establishments, as set forth in paragraph 2, below. Table 4C-2 Rooftop Service Areas (RSA) Zone General Rules for RSAs Approval criteria ID Zones, 11-11, 1-2 None permitted Not applicable Residential Zones None Permitted Not applicable C0.1, CN -1, MU, RFC -G Allowed as Provisional Uses: See applicable approval criteria listed Maximum Occupancy: 30, but may not below. exceed occupancy limit of the principal use. Amplified sound is not allowed. Hours of Operation limited to: 10:00 AM to For RSAs serving alcohol, see applicable 10:00 PM or when the kitchen is closed, regulations for outdoor service areas in whichever is earlier. Title 4, Alcoholic Beverages. RSAs that exceed these thresholds are not allowed in these zones. CI.1, CC -2, CH -1, CS -2 CB -5 Allowed as If proposed RSA See provisional and special exception RDP ORP Provisional Uses: exceeds occupancy approval criteria listed below. For RSAs Max. Occupancy: 30, or hours of operation that require a special exception, the but may not exceed limitations listed for a general special exception approval the occupancy limit provisional use, then criteria set forth in 14-4B-3 also apply. of the principal use. a special exception is Amplified sound is not allowed. Hours of Operation required. For RSAs serving alcohol, see applicable limited to: 10:00 AM If located within 100 regulations for outdoor service areas in to 10:00 PM or when feet of a residential Title 4, Alcoholic Beverages. the kitchen is closed, zone, this special whichever is earlier. exception option is not allowed. RFC Zones, except RFC -G If accessory to: See provisional and special exception • Hospitality -Oriented Retail allowed as a approval criteria listed below. For RSAs provisional use. Special exception that require a special exception, the required for hours of operation that general special exception approval exceed limits stated below. criteria set forth in 14-413-3 also apply. • Commercial Recreational Use or Eating Amplified Sound: Allowed for Hospitality- Establishment—Allowed as a Provisional Oriented Retail Uses in the RFC -SD Use if occupancy is 30 or less. Special subdistrict, subject to noise and nuisance exception required to exceed this ordinance and the standards set forth occupancy or hours of operation limits below. Amplified sound is not allowed in stated below. RSAs for other uses or in other zones. • Drinking Establishment or other principal For RSAs serving alcohol, see applicable regulations for outdoor service areas in use not listed above— special exception Title 4, Alcoholic Beverages. required Hours of Operation limited to: 10:00 AM to 10:00 PM - Sunday —Thursday - 10:00 AM to 12:00 Midnight — Friday, Saturday If located within 100 feet of a residential zone, maximum occupancy is 30 and hours of operation limited to 10:00 AM to 10:00 PM daily or when the kitchen is closed, whichever is earlier, with no special exception option allowed to exceed these limits. CB -10 If accessory to: See applicable provisional and special • Hospitality -Oriented Retail allowed as a exception approval criteria listed below. provisional use. For RSAs that require a special • Commercial Recreational Use or Eating exception, the general special exception approval criteria set forth in 14.413-3, also Establishment — Allowed as a Provisional apply, Use, provided the RSA has an occupancy of 50 or less. Special exception required Amplified sound: See applicable for proposed RSAs that exceed this provisions below. occupancy limit. For RSAs serving alcohol, see applicable • Drinking Establishments or other principal regulations for outdoor service areas in uses not listed above, a special exception Title 4, Alcoholic Beverages. is required. If located within 100 feet of a residential zone, maximum occupancy is 30 and hours of operation limited to 10:00 AM to 10:00 PM daily or when the kitchen is closed, whichever is earlier, with no special exception option allowed to exceed these limits. 1. Approval Criteria for Rooftop Service Areas a. Accessibility The RSA shall meet all building and fire code requirements, be ADA accessible, include elevator service, and have accessible restrooms provided. b. Design The RSA shall be designed in an attractive manner that will not detract from adjacent uses, and will prevent nuisance and safety issues. The applicant shall submit a design plan with the application for an RSA that at a minimum specifies and illustrates the proposed size, dimensions, setbacks from adjacent buildings and roof edges, occupancy load, layout, landscaping elements, access routes, elevator, and accessible bathrooms. RSAs shall meet the following minimum standards. If a special exception is required, the Board of Adjustment may impose additional or more restrictive conditions to mitigate any anticipated externalities, including but not limited to restrictions on hours of operation, lighting, size, occupancy load, and setback and screening requirements. 1) The RSA shall be located directly adjacent to or above the use to which it is accessory and there shall not be other uses located on floors in between the RSA and the use to which it is accessory. 2) The RSA must be setback from adjacent upper floor uses and the edge of the roof and screened and completely enclosed within a decorative fence or wall built of high quality, durable materials. Landscaping elements, such as planters and green roofs, may be used to soften views or provide a buffer. The setback and screening must be established in a manner that will not unduly block light, air, or outdoor views from upper floor windows on abutting buildings. 3) The RSA must be set back a minimum of 10 feet from the street-facing edge of the roof. A smaller buffer between the RSA and the roof parapet or guardrail may be allowed, provided the buffer is determined to adequately address public safety. The buffer and screen wall shall be of a sufficient depth and/or height and constructed of attractive, durable materials that may also include landscaping elements to prevent persons from leaning or dropping things over the parapet or guardrail that encloses the terrace or rooftop. A design of the proposed buffer and screen wall shall be submitted with the application. 4) The lighting must comply with Article 14-5G, Outdoor Lighting Standards. Except for any lighting required by the building code, lights must be turned off when the outdoor service area is not in operation. A lighting plan shall be submitted that illustrates compliance with these standards. 5) No signs shall be allowed in or on the exterior wall or fence of the RSA that are within public view. c. Management 1) For RSAs that are also outdoor service areas, as defined in Title 4, there must be a RSA management plan in place and at least one employee must be designated to monitor the safety and compliance of the RSA during hours of operation. The proposed management plan shall be submitted with the application. If nuisance or safety issues arise, the City may require changes to the management plan and/or the number of monitors to remedy the situation. 2) In the CB-10 Zone, where the building containing the RSA abuts or is directly across a public alley from a property containing upper floor residential uses or hotel rooms that have windows facing the RSA, the hours of operation of the RSA are limited to 10:00 AM to10:00 PM Sunday through Thursday and 10:00 AM to 12:00 midnight Friday and Saturday. d. Food Service While the primary function of the business might not be food service, if alcohol is being served, food service must be provided when the RSA is in operation. Evidence shall be provided indicating how the applicant will meet this requirement. e. Noise The applicant must demonstrate that the design of the RSA will minimize carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, or similar may be required. In addition, after a RSA is established, the City reserves the right to require additional measures to remedy any violation of the City's noise or nuisance ordinance, as determined by the City. Amplified Sound Due to the potential nuisance to neighboring properties and the general public in the surrounding neighborhood, amplified sound is not allowed, except for RSAs associated with hospitality -oriented retail uses in the RFC -SD subdistrict and for RSAs in the CB -10 Zone according to the provisions of this paragraph. For uses other than hospitality -oriented retail uses, applicants must obtain a seasonal temporary use permit for use of amplified sound in an RSA. Permits for amplified sound are subject to the standards and restrictions set forth below and the general approval criteria for temporary uses as set forth in Article 144D. A temporary use permit may be denied or rescinded at the discretion of the City if noise becomes a nuisance or terms of the temporary use permit or the special exception conditions are violated. Hospitality - Oriented Retail Uses are not required to obtain a temporary use permit, but are subject to the City's noise and nuisance ordinance and to the standards stated below. 1) If a RSA is located within 300 feet of a residential zone, amplified sound is prohibited; 2) The City may restrict the hours when amplified sound may be used. However, in no case shall amplified sound be permitted between the hours of 12:00 midnight and 10:00 AM; 3) No live entertainment using amplification shall be allowed; 4) Amplified sound may be restricted or prohibited during public events, festivals or concerts; 5) The applicant must demonstrate to the satisfaction of the City that the design of the RSA will minimize carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, control of volume, or similar may be required. 2. Additional Special Exception Approval Criteria for Nonconforming Drinking Establishments A RSA that is accessory to a nonconforming Drinking Establishment may be allowed by special exception provided it meets the general approval criteria for special exceptions set forth in 14-413-3, the approval criteria stated above for all RSAs and the additional approval criteria listed below: a. The RSA shall be located directly above and contiguous to the licensed drinking establishment. Contiguous means there may not be other uses located on floors in between the drinking establishment and the accessory RSA. b. There shall be no horizontal expansion of the licensed drinking establishment; c. There shall be no increase in interior floor area or interior occupant load of the existing drinking establishment, except if necessary for required bathrooms, elevator, stairs, kitchen equipment, or other essential elements necessary to meet accessibility, building code requirements or to meet the requirements or conditions of the special exception. Amend 14-4D-2, Temporary Uses Allowed, by adding a new subparagraph as follows: • Seasonal permit for any proposed amplified sound for rooftop service areas (RSAs) located in the Central Business District (CB -10), subject to the standards and restrictions set forth in Section 14 -4C -2V, Rooftop Service Areas, and any other conditions deemed appropriate by the City to ensure the general comfort, welfare and safety of the public. Amend subsection 14 -4E -5G, Nonconforming Drinking Establishments and Alcohol Sales - Oriented Retail Uses, by adding a new paragraph 4, as follows: 4. Non -conforming Drinking Establishments may expand to include a rooftop service area provided it meets the standards and is approved by the Board of Adjustment according to the approval criteria set forth in 14-4C, Accessory Uses, and the general special exception approval criteria set forth in 14-4B-3, Special Exceptions. Amend 14 -3C -2A, adding a paragraph 11, as follows: 11. Rooftop Service Areas as set forth in 144C, Accessory Uses. Amend 14 -3C -3A -1a, adding a paragraph (12), as follows: (12) Rooftop Service Areas as set forth in 14-4C, Accessory Uses. Amend 14-3C-38, adding a paragraph 10, as follows: 10. Rooftop Service Areas allowed as provisional uses according to approval criteria set forth in 144C, Accessory Uses. Planning and Zoning Commission May 21, 2015 — Formal Meeting Page 17 of 26 Eastham noted he would prefer there be a better mechanism for cost sharing for the alley improvements. He also feels the applicant would not want the Commission not to approve the application based on not being able to do the cost sharing. Hektoen stated that the Code allows the Commission to impose conditions to address public needs that are being generated by the rezoning and as Miklo stated there will be additional traffic on that alleyway so that is why Staff is recommending the condition. Freerks agreed that with the up -zoning the alley needs to be improved. She did have a couple other concerns. She sees this area with small businesses in affordable buildings and hopes what is developed here does not out -price the businesses and just becomes more housing, likely student housing. She also is concerned about open space and to make sure it is nice open space that can be utilized and appreciated. Martin agreed and is concerned that they haven't seen any design plans nor have a concrete idea of what will happen at this site. She is not opposed to this rezoning and to have the land developed, but is cautious and would like to know it will be developed with good intentions. Hench noted he was excited about this because it is a difficult site to develop given its sloping nature and its position next to the substation. So the willingness for someone to want to go in and develop this is exciting. He does understand the concerns about being solely responsible for the cost of the alley upgrade, but doesn't know there are alternatives for that. A vote was taken and the motion carried 7-0 CODE AMENDMENT ITEM: Discussion of amendments to Title 14, Zoning to add a definition for "rooftop service areas" and establish standards for such uses. Fruin shared with the Commission that outdoor dining has become more popular and every season there are more and more applications for cafes and that is a trend also seen in other communities. One option they have not addressed in Iowa City is rooftop service areas, but it is seen more frequently in urban areas and recently in Iowa City when they created a code amendment allowed FilmScene to have a rooftop area which they are using. People are also probably familiar with the 30 Hop restaurant in Coralville that has a rooftop patio area, and what a success it has been. Iowa City currently has a situation where some businesses can expand to rooftops service areas but we don't have a set of standards other than the building codes to evaluate those requests. Other businesses simply cannot expand to rooftops. The City is getting more inquiries from people interested, primarily with new developments but also existing properties. It would be much more expensive for an existing property to retro -fit for this type of expansion. As the City gets more of these requests, Staff needs to have a process in place to evaluate, particularly with safety, accessibility, nuisance mitigation. That is not in place right now even for those businesses that could offer rooftop services. The City has chosen to make this a special exception process, to allow for ability to look at each individual situation. It is very hard to write regulations for situations where every case can be different, so the special exception is the best route. Each rooftop will be different; the setbacks from other buildings different, the nuisance controls for neighbors will be different so it is very hard to write one rule to encompass all those scenarios. Planning and Zoning Commission May 21, 2015 — Formal Meeting Page 18 of 26 Freerks asked for examples of how other communities make this type of rooftop services areas work, especially with concerns about amplified sound. The idea of these rooftop service areas is to enhance the community, not be offensive to the community. Fruin agreed and said that amplified noise is the number one issue that cities deal with regarding rooftop service areas. There are sometimes also issues with lighting, but amplified noise is the toughest issue. Some cities outright restrict amplified sound, some have placed time of day restrictions, and he is sure there are other methods other cities have employed. Again this is why Staff felt the special exception was the way to go with each unique situation and the Board of Adjustment would create a set of standards that made sense for that unique property. For instance, FilmScene has a small rooftop patio and they like to show movies up there but don't have any neighboring properties that object. That is a case where amplified noise may not be an issue or have any impact. If there were to be a restaurant or bar build a large rooftop patio and there is residential area 10 feet away, then a condition of no amplified sound at all should be made, or at least cut it off at a reasonable time. Fruin said Staff is also recommending that any type of amplified sound use be controlled through a temporary permit to allow for flexibility to address problems. Hench asked what the time frame of temporary permits was, so how long could the amplified sound be an issue. Freerks replied they are issued for one year. Fruin confirmed they are seasonal, weather permitting with an annual application process through Neighborhood Development Services. Boothroy came forwarded and added that the permits are issued and can be used at any time within the one year time frame and then needs to be reissued. It works because there is criteria they must meet and that is reviewed on an annual basis so businesses make an effort to comply to the performance standards so they can get a permit issued for the next year. They use the temporary permits throughout the community, all the garden centers and venders on Melrose Avenue during football games. There have not been problems with temporary permits, vendors know it's temporary and that they will not be reissued a permit in upcoming years if they do not comply. Freerks commented that for the rooftop- services areas alcohol is involved and feels that is so much different than garden centers. Boothroy said the permit would just be for the amplified sound, not for alcohol. Theobald also noted that the Melrose Avenue permits are for football Saturdays only, these rooftop areas would be every single night. Boothroy said he was just trying to give examples from an enforcement perspective the permits are effective. Freerks feels the easiest way to enforce the issue is to just not allow amplified sound. Boothroy agreed that could be an option but if any amplified sounds are going to be allowed the temporary permit is the best solution for compliance. Eastham asked how a resident would be able to object to amplified noise issue. Boothroy said residents can contact his office if there are complaints. Freerks reiterated that she does not feel the amplified sound is necessary on the rooftop service areas, she lives close to downtown and can hear noise now and feels it will just contribute to that issue if allowed. She noted that it would always be changed in the future and allow for incremental allowance of amplified sound. Planning and Zoning Commission May 21, 2015 — Formal Meeting Page 19 of 26 Martin asked for clarification, that with this special exception every case would be reviewed individually and it if were appropriate for no amplified sound, like close to a residence, the City could say no. Boothroy replied that was correct and it was not just a Staff review, but each case would go before the Board of Adjustment. Martin then asked if there were complaints on a location that did have amplified sound; this would allow easier access to revoke the permit. Boothroy said that was accurate and if they were unable to revoke they could at least not renew in the following year. Eastham said if there were five use permits for amplified sound in a three block area of downtown and neighbors object to the amount of amplified sound but cannot identify which of the five businesses they are hearing, how would the City address that. Fruin explained that they do deal with that issue already in the summer months when restaurants and bars open their doors and windows and loud amplified sound spilling out and admitted it can be a struggle to deal with and pinpoint the most offensive offender, but the City tries to work with the business owners to rectify the situations. Dyer noted that Plaza Center One has offices that overlook FilmScene and she has heard that their rooftop patio can be distracting. Fruin noted that they have seen in other cities that there are different types of amplified noise; it is one thing to have a couple of TV's up on a bar versus an extensive speaker system or live entertainment. Particularly with live entertainment, there are cities that have said no live entertainment allowed. With this exemption if the Board of Adjustment agrees that amplified sound is to be allowed and allow a temporary use permit to be obtained they can put conditions on the approval to state what type of amplified sound is to be allowed. Dyer said the Staff report says the criteria for the rooftop services areas states an elevator and accessible restrooms are required. Since it is the Board of Adjustment that deals with these requests is there any possibility of them allowing an exemption form the elevator. Fruin stated that the elevator and accessibility criteria cannot be given an exemption; it is one of the core principles for allowing this type of area. Because of these criteria it will likely make existing buildings very difficult to add the rooftop services area due to the cost to bring the existing building up to the criteria standards. Existing buildings would have to be structurally sound to support a rooftop area, they would have to be contiguous spaces, so mostly one story buildings and a few that were grandfathered in to allow for serving alcohol on upper floors. Freerks asked if Fruin could talk about what areas these rooftop service areas would be allowed, the zones they would be allowed. Fruin said this would be for any place in Iowa City, not just the downtown area. She also asked how this might change the alcohol ordinance. Fruin stated that the piece of this proposal that is not before the Planning and Zoning Commission but would go before the City Council is an at least 20 year old rule that says the City does not allow the sale of alcohol on upper level or basement level floors of businesses. There are some current businesses that have been grandfathered in as exceptions to this rule. That ordinance was born out of public safety concerns and Fruin said they have discussed this rooftop services areas proposal with both Police and Fire and both chiefs have indicated they are comfortable removing that particular ordinance and allowing alcohol sales on upper levels. Freerks said that means this would allow for expansion, where it previously did not. Fruin agreed that this would affect the 500 foot rule and expansions of non -conforming drinking establishments. The allowing of the expansion would be for the sole purpose of a rooftop service area. Planning and Zoning Commission May 21, 2015 — Formal Meeting Page 20 of 26 Martin asked if currently a business had a roof that was structurally sound could they expand up there now, with no standards. Fruin said currently they would not be allowed to serve alcohol and there would be building code standards they would have to meet. Boothroy said that if the business is a restaurant they can expand to the roof or top floor by obtaining a permit if they meet all building code requirements. There would need to be a guardrail along the edge of the roof, it would need to be structurally sound, and lighting requirements, etc. All those are already in the code, but the new criteria this amendment would add would be the requirement of the elevator and other items that will show more careful consideration. Hektoen stated that non -conforming drinking establishments means they do not currently conform to the 500 foot buffer and they would not be allowed to have a rooftop area under current ordinances because that would be expansion of a non -conforming use. This amendment would modify and allow the rooftop service areas, even for non -conforming drinking establishment. Fruin also noted that food service would have to be included, City Staff felt it was important that these areas not just be drinking only. Freerks asked if food service would have to be until 2 a.m. Fruin said it's stated "as it's in operation" but doesn't know that the Board of Adjustment will allow rooftop access use until 2 a.m. Hench asked about businesses that do not serve food. Fruin said if a drinking establishment wanted to add a rooftop access area, they would be required to serve food, however they would not be required to meet the restaurant standards that are in the code. Freerks asked who decides what enough food service to fulfill this requirement is. Fruin said this would all go through the Board of Adjustment who would receive Staff input. Eastham asked who would enforce the food service requirement. Fruin said City Staff would, if there were concerns or complaints they would follow up. Hektoen said it would be enforced just as any special exemption is. Eastham asked for clarification as to why Staff included an amplified sound provision in this proposal. Fruin stated Staff felt there could be circumstances where amplified sound could be appropriate. It is very hard to contemplate what the circumstances may be for each individual situation. Freerks opened the public discussion. Hearing none, Freerks closed the public discussion. Theobald stated that she spent the majority of Tuesday researching this issue, and found that every code change throughout all her research was no amplified music, no live music, no television, no PA system and therefore has concerns supporting this proposal as is. She is not necessarily against rooftops, but against allowing amplified sound. The other issue she found in her research was smoke, when people are outside they feel they can smoke. Hektoen said that smoking would not be allowed on the rooftop service areas at all. Theobald understand that but says in other communities, it was an issue, even if smoking was banned. Theobald said in New York City the ordinance says rooftop areas need to close at 10 p.m. Sunday — Thursday and close at 11 p.m. on Friday and Saturday. Additionally no doors can be open from the downstairs due to music. Her research showed multiple cases of neighborhoods Planning and Zoning Commission May 21, 2015 — Formal Meeting Page 21 of 26 having issues with these areas. In Chicago, their ordinance states no live or recorded music and to be closed by 11 p.m. Each city was pulling back and adding more rules as time went by. The New York Times claimed "the mixed-use neighborhood complaints were up 44% in one year". Also in New York State, the State controls all rooftop areas; they are not governed by local governments. Hench asked if there was any research to see if special use permit were used to try to control the issues. Theobald said no special permits were used, this was all written in City and State codes. Freerks said she would be interested in knowing how other college towns are dealing with this issue. She would like to give this issue more time, or if it must go forward without the amplified sound provisions and also the 2 a.m. issue. She of course wants to see the downtown enhanced but does not want to see it broken. Fruin said clearly the City's intention is to enhance it and also he does not take the amplified noise issue lightly but feels there should be flexibility in the issue, however if the Commission does not agree it is certainly their right to take that out. Fruin doesn't feel additional research will lead to any new information; they know this is a difficult issue that many communities have struggled with. The Commission can restrict amplified sound, or set limits. Eastham stated that perhaps this proposal for amplified sound is not specific enough, five amplified noise areas in one small location is different than one isolated location. Dyer noted that televisions were mentioned as an example, if they are televisions in a sports bar on a roof the patrons are not going to be quiet so while their voices are not amplified, they would be loud due to the amplified televisions. Freerks agreed stating that just voices will carry and there is no need for amplified sound, she would be in favor of removing the amplified sound provision of the proposal. Hench feels that if a business put the financial investment into these rooftop areas they will be extra careful to comply so they can have their temporary permit reissued. Freerks thinks it would be better to not allow the amplified sound at first, and if this all works out, add in the amplified sound provision in the future. Parsons agreed it is much easier to give something later than take it away. Eastham said he would like to defer this application and have it redrafted without the amplified sound provision. Hench stated he does not have a problem with the amplified sound believing the temporary permit system will regulate the issue. Theobald believes the broader picture is to consider all the residents and their best interests rather than just the interest of a few businesses. Eastham moved that the Commission recommending approval of amending the code to Title 14, Zoning to add a definition for "rooftop service areas" and establish standards for such uses as indicated on the Staff Report except eliminating references to amplified sound as a use permitted in those rooftop service areas. Theobald seconded the motion. Planning and Zoning Commission May 21, 2015 — Formal Meeting Page 22 of 26 Hench asked if this motion would then prevent any generated sound like a TV, speaking on a PA system, etc. Fruin confirmed it would mean no TV's, speakers, live bands. TV's could be on mute, and bands that are not "plugged in' like a guitar or steel drum band would be allowed. Movies would not be permitted if sound was included with the movie. Freerks feels that if there were situations like movies, which is different than all of the bars having amplified sound one after the other, is a completely different situation. Parsons asked if outdoor area time restrictions, the Ped Mall used to have such regulations. Fruin stated that there is an ordinance that states no amplified sound is allowed in the outdoor cafe areas if it is a street facing front. Freerks noted that with this amendment they will be allowing the rooftop areas to stay open until 2 a.m. perhaps that should be another restriction. Hench asked if this amendment passes, with the amplified noise restriction; will that mean FilmScene will no longer be able to show movies on their rooftop patio area. Fruin confirmed that was the case. Theobald said that perhaps one-time events should be allowed, there being a permit process for a one-time event but not nightly. Fruin said the reason Staff liked the special exemption process was because it allows the Board of Adjustment to have this very conversation and say for each situation whether the amplified sound was appropriate or not. Eastham withdrew his motion, Theobald withdrew the second. Eastham moved that the Commission defer the consideration of the code amendment to Title 14, Zoning to add a definition for "rooftop service areas" and establish standards for such uses until the next meeting. Hench seconded. A vote was taken and the motion carried 7-0. Eastham left the meeting room. VACATION ITEM (VAC16-00001): Discussion of an application by the City of Iowa City for a vacation of the western 160 feet of alley right of way in the block bounded by College Street, Gilbert Street, Washington Street and Van Buren Street (Block 43, City of Iowa City). Miklo stated that Staff is recommending approval of this vacation and would be happy to answer any questions. Freerks opened the public hearing. Hearing none, Freerks closed the public hearing. Planning and Zoning Commission July 16 2015 - Formal Meeting Page 8 of 14 it w Eastham as how this parcel was addressed in the Riverfront Crossings Plan. Miklo said the Plan shows this`'p rty as being part of the development of the block to the north. Miklo showed the CA Ventures proposal which showed a parking structure with two towers on it and a walkway that would be ret" ' ed to allow pedestrian access between the two sections of Harrison Street. " Eastham opened the public hearing.` Seeing no one, Eastham closed the public discussion. Hensch moved to approve VAC16-00003, a vacation6'a eastern 150-feet of the 80ft-wide Harris Street right-of-way located west of the Linn Stree ht-of-way and south of lot 4 in block 1, according to the original town plat, subject to the creation of a pedestrian easement, a minimum of 10' in width, for the southern edge of thO-right-of-way. Parsons seconded the motion. A vote was taken and the motion passed 6-0 (Freerks absent). CODE AMENDMENT ITEM: Discussion of amendments to Title 14, Zoning to add a definition for "rooftop service areas" and establish standards for such uses. Fruin began the Staff Report reminding the Commission of the discussion at the May 21 meeting and the concern about noise and how that would be handled. All the other requirements that were mentioned at the May 21 meeting still stand, the ADA requirements, the screening requirements, etc. Given the concerns regarding noise that the Commission raised the Staff has gone back and codified the noise regulations. The first proposal was to just handle noise through the temporary use permit system. In that system everything would be reviewed on case-by-case basis. In the new proposal that is still the case, except they have also greatly restricted who is even eligible to get a temporary use permit. There is a table in the Staff memo that shows each zoning classification and the limitations in each on amplified noise and limits on occupancy and hours of operation. Fruin said amplified noise would only be allowed in the CB -10 district, which is the heart of the downtown and for hotels in the Riverfront Crossings South Downtown District. There are restrictions for no live entertainment using amplified noise, live entertainment would be allowed, but could not be amplified. It also states that under no circumstance would amplified noise be allowed after midnight or before 10 a.m. Martin asked for clarification on whether amplified sound is allowed for hospitality oriented retail use in the downtown CB -10 zone. Fruin said yes it would be allowed. Dyer asked what would be amplified if live music is not allowed. Fruin said amplified meant plugged in, so in the areas where no amplified is allowed, not even speakers can have microphones. Eastham asked for where the provisions are that allow hotels to have amplified sound in their Planning and Zoning Commission July 16 2015 — Formal Meeting Page 9 of 14 outdoor service areas. Howard said currently there is a prohibition on amplified sound in outdoor service areas. Fruin said this amendment is for rooftop service areas, noting that there have been more and more requests. For example Hotel Vetro has had wedding receptions and gatherings on their rooftop area using amplified noise for over a decade now. The City has not received any noise complaints with that, but would like to have this code amendment in place to officially permit it. Additionally FilmScene has been showing outdoor movies without any complaints. This code amendment will legitimize these situations. Hensch asked if the no live entertainment exemption was current City policy. He feels that in situations like weddings at Hotel Vetro that would not cause any disruption. Fruin said it was not an intentional prohibition it was just written that way. Howard said one of the issues is the regulations for outdoor areas is included in the part of the City Code regarding alcohol so it is not in the zoning ordinance where typically a lot of things are reviewed. Eastham wanted to make sure this would not seem to be an amendment to favor one particular business, Hotel Vetro. Howard noted there would be three more hotels coming into the area soon that could also have such outdoor areas. Fruin stated that hotels are typically self -policing when it comes to noise, as they also have a residential component so there was less concern about noise. Additionally he noted that the City's noise ordinances are enforced. Howard said hotels would have to comply with all the noise ordinances but would not need to reapply for the temporary use permit each year as other businesses would. Eastham opened the public hearing. Brian Flynn (Joe's Place) and Aaron Doubet (DB Acoustics, Marion Iowa) came forward. Flynn wanted to know if the Commission had questions for them and the concern about amplified noise. He said Doubet does all his sound engineering for all his restaurants and bars. Flynn noted he owns 30 Hop in Coralville which has a rooftop service area. There has a hotel right across the street from 30 Hop but they were able to engineer the sound to be amplified directionally away from the hotel. Hensch asked if noise baffling was an expensive issue for businesses. Doubet said it all depends on the space and what you are trying to control. In an instance where there is an outdoor patio space one of the controls is the overall volume a system should play at. That is because what happens is the louder the system, the louder the people will talk. He noted that in the downtown Iowa City bar area it is generally loud anyway. Sound baffling, which is using materials to absorb or deflect sound, to reduce the energy and reverberation of it, there are many options and some can be quite expensive. It just depends on the situation. Doubet noted that if a lot of low frequency is not pumped through a system (which goes everywhere and is not directional) and high frequency is used it will run out of energy and not travel as far. Doubet said the spoken word is in a range of 2000 hertz's and anything below 250 hertz is considered low frequency. So he said what they will do, instead of trying to sound proof the space, they will control the frequency of the sound that is played through electronics. It can also be controlled through the direction of the speakers. So that will eliminate any type of rattling of windows or reverberation caused by low frequencies. Additionally Doubet said outside of just absorption panels there are many things that absorb sound. Humans absorb sound so taking the capacity of a space into account helps them design their sound systems. He noted that in the downtown Iowa City space they will have fence covered in vines built opposite of the speakers used to deflect sound. Dyer questioned that some property owners could just bring out the speakers to their stereo Planning and Zoning Commission July 16 2015 — Formal Meeting Page 10 of 14 systems and not employee electronic technology to control it. Fruin said the City would require a sound management plan that Staff reviews prior to giving the temporary use permit. Nate Kading (business owner Tailgate, Shorts, Pullman) stated on behalf of his business partners and himself they are in support of this amendment and commend City Staff on the work that went into this. He feels this is a great opportunity for the Commission to set a precedent for these types of RSAs moving forward and the details that have gone into plans for rooftop service areas is extensive and well thought out. It is all responsible and taking into consideration neighboring businesses and residents. Kading said he had an opportunity over the past couple months to travel around the United States into Denver, Charlotte, Columbia, Portland, Seattle and saw that these type of spaces. This is something consumers want and Iowa City is lagging behind from a competitive standpoint. Kading highly recommends the Commission approve this amendment. Joe Tiefenthaler (executive director, FilmScence) noted he was impressed with the time and thought City Staff put into this amendment. He said they have received positive feedback from the use of their rooftop service area and it's been a wonderful addition to the downtown community. He agrees other businesses should have this same opportunity. He added Washington DC and Minneapolis as two other cities that utilize these rooftop areas well. He also said that when discussing noise, when on their rooftop you do not hear much of the sound from the Ped Mall — so noise is not an issue. Hensch asked if Tiefenthaler has had any difficulty managing sound. Tiefenthaler said they have not, they have received no complaints, and they do have a sound guy and projectionist who works to keep the sound in check. Their rooftop space is very intimate so they don't want it to be very loud. Hensch asked how late into the evening they use the space. Tiefenthaler said they screened four movies in the space last summer and they start as dusk so it is approximately from 9 p.m. to midnight. Dyer asked if FilmScene had an elevator. Tiefenthaler said their elevator only goes to the second floor and it is stair access to the rooftop. He explained that they were grandfathered in with the development of the space. Eastham closed the public hearing. Hensch moved to approve the recommendations set forth in the Staff memorandum dated July 10, 2015. Martin seconded the motion. Theobald noted that the revisions Staff made to the amendment made her feel better about this. Staff and the community have really addressed all the concerns. Hensch agreed and said he felt this was a good amendment. Parsons agreed, noting nothing would be 100% effective and there may be adjustments along the way but at this point is ready to move forward with this amendment. Eastham said he enthusiastically supports parts of this rooftop access, particularly the requirement Planning and Zoning Commission July 16 2015 — Formal Meeting Page 11 of 14 of accessible access which has not been done well in the past or in other communities. A vote was taken and the motion carried 6-0. COUNTY REZONING ITEM (CZ15-000021 Discussion of an application submitted by Michael Furman for a rezoning from County Agriculture (A) to County Residential (R3) for approximately 40 acres of property located at 3051 Buchmayer Bend NE in the Iowa City/Johnson County Fringe Area. Miklo showed a map of the area. The 40 acre parcel currently has one residence on the parcel and is zoned agricultural in the County. Most of the area is agricultural with some residential lots to the east. Since this area is within two miles of the city limits is it covered by the Fringe Area Agreement where the County and the City jointly review rezoning's and subdivisions. In the County Land Use Plan the area west of Highway 1 is identified as a growth area for residential development. So this item does comply with the County's Land Use Plan. The Plan also has some policies regarding environmental concerns and the need for adequate infrastructure. Miklo stated the development standards in the Fringe Area Agreement encourage cluster development, which preserves large tracts of open space including environmentally sensitive areas and farmland, results in compact development that requires lessinfrastructure, and is more efficient for provision of services. Staff has reviewed the subdivision concept with County Planning Staff and is concerned that the concept plan does not comply with this policy of the Fringe Area Agreement. The current proposed plan would create a situation in which future subdivision of property for infill development might not be possible. Rather than a cul-de-sac staff recommends that Jenn Lane be connected to the existing Jenn Lane Court and that a road easement be reserved to provide access to the property to the south to allow interconnected development. These recommendations are to avoid long cul- de-sacs that are not easy for navigation of emergency vehicles. Parsons asked if the County had the same "complete streets" policy that the City has. Miklo was unsure of "complete streets" but that they do have a policy of connecting streets and avoiding cul- de-sacs for the same reasons the City is. Miklo said they defer to the County on whether this complies with their land use plan, the City believes it does, but if they do approve the rezoning the City would recommend the four conditions 1. Buchmayer Bend being improved to meet County road performance standards. 2. The subdivision being designed to preserve open space and create an appropriate street pattern with Jenn Lane and Jenn Lane Court being connected to provide a loop street. 3. An easement being reserved to provide for future road access to the property to the south. 4. The subdivision include stormwater management. Parsons asked what County road performance standards are. Miklo was not completely familiar with the County road standards, but it would not be curb based and concrete, but would be chipped sealed and not gravel. Eastham asked how the requirements of the conditions fit into the City's interests when it's a f%4 4' J,,, cs ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14: ZONING TO ADD A DEFINITION FOR "ROOFTOP SERVICE AREAS" AND ESTABLISH STANDARDS FORS CH USES. WHEREAS, Iowa City, similar to other cities across tpe country, have experienced an increased demand for outdoor seating areas associated ith restaurants, bars, hotels, and similar commercial uses; and WHEREAS, rooftop' ervice areas offer a similar ou door atmosphere and add to the vibrancy of commercial a eas and are particularly attractive in urban settings where ground level outdoor space on priv to property is limited; and }}' WHEREAS, due to the oncentration of drinking a tablishments in the downtown area, many are considered noncon rming with regard to the r quired 500 foot spacing requirement, so without an amendment to th zoning ordinance, any xpansion to include a rooftop service area would not be allowed due to a prohibition against xpansion of nonconforming uses; WHEREAS, while rooftop servi areas may be a esirable use in certain areas, for larger rooftop service areas or for those a ociated with la night operations, such as bars, careful consideration of location, proximity to sidential us s, hours of operation, design, noise, and accessibility need to be taken into acco t and th efore consideration of each on a case by case basis through the special exception p cess i warranted; and WHEREAS, for smaller rooftop service ea with limited hours of operation or for certain uses, such as hotels, that are likely to take po tial externalities into account due to presence of overnight guests, a less stringent administra design review process is appropriate; and WHEREAS, noise control and use of a lifie sound is of particular concern due to the potential for sound to travel further from ele ted loc 'ons, so special attention is needed when considering design of these spaces to pre nt nuisanc noise and amplified sound should only be allowed with oversight by the City rough a tem rary use permit or through special provisions reviewed administratively by t e City; and WHEREAS, the Planning and Zo ing Commission ha reviewed the proposed zoning amendments and recommend approv . NOW, THEREFORE, BE IT OR INED BY THE CITY COU IL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. The Code of Ordi ances of the City of Iowa City, to a is hereby amended as follows: e A. Amend Article 14-9A, Ge eral Definitions, adding the following definition, as follows: Rooftop Service Ara (RSA): An accessory use to an Eating or Drinking Establishment, Co mercial Recreational Use, Hospitality -Oriented Retail Use or similar principal u that is designed as an outdoor seating or gathering space located on a roof p or upper floor terrace of a building, and that is regularly open to the public for events, entertainment, meetings, and/or as a food and beverage service area. Rooftop patios or upper floor terraces intended for private use by the residents or occupants of a building are not considered RSAs. If the RSA is accessory to an establishment that is licensed by the State to sell alcoholic cn C " I r — Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa city, 9&40co ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14: ZONING TO ADD A DEFINITION FOR "ROOFTOP SERVICE AREAS" AND ESTABLISH STANDARDS FORS CH USES. WHEREAS, Iowa City, similar to other cities across tpe country, have experienced an increased demand for outdoor seating areas associated ith restaurants, bars, hotels, and similar commercial uses; and WHEREAS, rooftop' ervice areas offer a similar ou door atmosphere and add to the vibrancy of commercial a eas and are particularly attractive in urban settings where ground level outdoor space on priv to property is limited; and }}' WHEREAS, due to the oncentration of drinking a tablishments in the downtown area, many are considered noncon rming with regard to the r quired 500 foot spacing requirement, so without an amendment to th zoning ordinance, any xpansion to include a rooftop service area would not be allowed due to a prohibition against xpansion of nonconforming uses; WHEREAS, while rooftop servi areas may be a esirable use in certain areas, for larger rooftop service areas or for those a ociated with la night operations, such as bars, careful consideration of location, proximity to sidential us s, hours of operation, design, noise, and accessibility need to be taken into acco t and th efore consideration of each on a case by case basis through the special exception p cess i warranted; and WHEREAS, for smaller rooftop service ea with limited hours of operation or for certain uses, such as hotels, that are likely to take po tial externalities into account due to presence of overnight guests, a less stringent administra design review process is appropriate; and WHEREAS, noise control and use of a lifie sound is of particular concern due to the potential for sound to travel further from ele ted loc 'ons, so special attention is needed when considering design of these spaces to pre nt nuisanc noise and amplified sound should only be allowed with oversight by the City rough a tem rary use permit or through special provisions reviewed administratively by t e City; and WHEREAS, the Planning and Zo ing Commission ha reviewed the proposed zoning amendments and recommend approv . NOW, THEREFORE, BE IT OR INED BY THE CITY COU IL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. The Code of Ordi ances of the City of Iowa City, to a is hereby amended as follows: e A. Amend Article 14-9A, Ge eral Definitions, adding the following definition, as follows: Rooftop Service Ara (RSA): An accessory use to an Eating or Drinking Establishment, Co mercial Recreational Use, Hospitality -Oriented Retail Use or similar principal u that is designed as an outdoor seating or gathering space located on a roof p or upper floor terrace of a building, and that is regularly open to the public for events, entertainment, meetings, and/or as a food and beverage service area. Rooftop patios or upper floor terraces intended for private use by the residents or occupants of a building are not considered RSAs. If the RSA is accessory to an establishment that is licensed by the State to sell alcoholic Ordinance No. Page 2 beverages, it is considered a type of "Outdoor Service Area" as defined in Section 4- 1-1, and is subject to the applicable regulations in Title 4, Alcoholic Beverages. B. Amend Section 14-413-2, adding a new su V. Rooftop Service Areas (RSAs) Rooftop Service Areas (RSAs), as defined in) subsection. Applications for RSAs allowed as the Design Review process. Applications for F reviewed and approved by the Board of Adjus is license by the State to sell alcoholic bever; area," as d fined in Title 4-1-1 and is also sub Alcoholic Be rages. Additional approval crite Drinking Establi ments, as set forth in paragi V., as follows: c e 14-9A, are regulated as indicated in this visional uses shall be administered through ►s that require a special exception must be mt. Any RSA that is accessory to a use that �s is considered a type of "outdoor service t to the applicable regulations in Title 4, apply to RSAs proposed for nonconforming h 2, below. Table 4C-2: Roo Service Areas (RSA) Zone General Rules for RS Approval criteria ID Zones, 11.1,1-2 one permitted d Not applicable Residential Zones No Permitted Not applicable CO -1, CN -1, MU, RFC -G Allowed Provisi nal Uses: See applicable approval criteria listed Maximum up nCy:30, but may not below. exceed occup y limit of the principal use. Amplified sound is not allowed. Hours of Oper io imited to: 10:00 AM to For RSAs serving alcohol, see applicable 10:00 PM or en th itchen is closed, regulations for outdoor service areas in whichever is arlier. Title 4, Alcoholic Beverages. RSAs that teed theseXs are not allowed in hese zones. Cl -1, CC -2, CH -1, C&2, C&5 If propose RSA See provisional and special exception RDP, ORP al Uses: exceeds occancy approval criteria listed below. For RSAs cupancy: 30, or hours ofoper8tjon that require a special exception, the not exceed limitations listedfo? ijgeneral special exception approval criteria /Alloweds pancy limit provisional use, then ' set forth in 14-46-3 also apply. incipal use. a special exception is plified sound is not allowed. Operation required. For SAs serving alcohol, see applicable : 10:00 AM If located within 100 regula ' ns for outdoor service areas in PM or when feet of a residential Title 4, A holic Beverages. the kitchen is closed, zone, this special whichever is earlier. exception option is not allowed. r`a 4 cY eo CA) N Ordinance No. Page 3 RFC Zones, except RFC -G C&10 1. Approval Criteria a. Accessib The RSA shall include eleva b. Desip If accessory to: • Hospital ity-Odented Retail allowed as a provisional use. Special exception required for hours of operation that exceed limits stated below. • Commercial Recreational Use or Eating Establishment - Allowed as a Provisional Use if occupancy is 30 or less Special exception required to exceed this occupancy or hours of operation limits stated below. • Drinking Establishment or other principal use not listed above- special exception required Hours of Operation limited to: 10:00 AM to 10:00 PM - Sunday-Thurs4y 10:00 AM to 12:00 Midnight - Friday, Saturday If located within 100 feet of a resident l zone, maximum occupancy is 30 and hour of operation limited to 10:00 AM to 1 V00 PM \allow when the kitchen is clos whichever r, with no special exceon option to exceed these limit . • spitality-Or' nted Retail allowed as a provis nal us . • Comm ci Recreational Use or Eating Establis ent - Allowed as a Provisional Us , pr ided the RSA has an occupancy o 0 or le` .Special exception r uired for p osed RSAs that exce this occupanc imit. • inking Establishmen or other princi I uses not listed above, pecial exce tion is required. If locat within 100 feet of a residential z e, maxi um occupancy is 30 and hours of op tion limited to 10:00 AM to 10:00 PM d 'y or when the kitchen is closed, whichever I earlier, with no special exception option Ilowed to exceed these limits. Rooftop Service Areas See provisional and special exception approval criteria listed below. For RSAs that require a special exception, the general special exception approval criteria set rth in 14-413-3 also apply. Am lified Sound: Allowed for Hospitality - Ori nted Retail Uses in the RFC -SD s istrict, subject to noise and nuisance o inance and the standards set forth Oelow. Amplified sound is not allowed in RSAs for other uses or in other zones. For RSAs serving alcohol, see applicable regulations for outdoor service areas in Title 4, Alcoholic Beverages. See applicable provisional and special exception approval criteria listed below. For RSAs that require a special exception, the general special exception approval criteria set forth in 14.4B-3, also apply. Amplified sound: See applicable provisions below. For RSAs serving alcohol, see an*cable regulations for 0utdoo 6ervice as in Title 4, Alcoholic Bev p,",, .N ca I CO Leet all building and fire code requirements, be ADA accessible, service, and have accessible restrooms provided. The RSA s all be designed in an attractive manner that will not detract from adjacent uses, an ill prevent nuisance and safety issues. The applicant shall submit a design Oan with the application for an RSA that at a minimum specifies and illustrates the proposed size, dimensions, setbacks from adjacent buildings and roof edges, occupancy load, layout, landscaping elements, access routes, elevator, and Ordinance No. Page 4 accessible bathrooms. RSAs shall meet the following minimum standards. If a special exception is required, the Board of Adjustment may impose additional or more restrictive conditions to mitigate any anticipated externalities, including but not limited to restrictions on hours of operation, lighting, size, occupancy load, and setback and screening requirements. 1) The RSA shall be located directly adjacent to ora ove the use to which it is accessory and there shall not be other uses locate on floors in between the RSA and the use to which it is accessory. 2) The RSA must be setback from adjacent uppefloor uses and the edge of the roof and screened and completely enclosed�Within a decorative fence or wall built of high quality, durable materials. Landscaping elements, such as planters and green roofs, may be used to softer views or provide a buffer. The setback and screening must be established in a manner that will not unduly block light, air, or outdoor views from upper floor windows on abutting buildings. 3) The RSA must be set back a minimum' of 10 feet from the street -facing ed of the roof. A smaller buffer betweepi the RSA and the roof parapet or guar it may be allowed, provided the ffer is determined to adequately address blic safety. The buffer and s reen wall shall be of a sufficient depth and/or heia and constructed of attra ive, durable materials that may also include lands c in elements to pry things over the p apet or guardrail design of the prop ed buffer and s application. 4) The lighting must c Except for any lighting req when the outdoor service submitted that illustrates c 5) No signs shall be allo that are within public view C. Management persons from leaning or dropping encloses the terrace or rooftop. A n wall shall be submitted with the ply w' Article 14-5G, Outdoor Lighting Standards. ire y the building code, lights must be turned off ar is not in operation. A lighting plan shall be op ' nce with these standards. w d in r on the exterior wall or fence of the RSA 1) For RSA/an re so outdoor se ce areas, as defined in Title 4, there must be a RSment plan in pt and at least one employee must be designated tor the safety and comp\theRS f the RSA during hours of operation. Thed management plae submitted with the application. Ifce or safety issues ariity may require changes to the managemn and/or the number ors to remedy the situation. 2) In the CBe, where the building' g the RSA abuts or is directly acroslic alley from a propen g upper floor residential uses or hotel hat have windows facS the hours of operation ofthe RSAard to 10:00 AM to10:0day rough Thpvsday and 10:00 AM to 2:00 midnight Friday and Saturday. C 4"n d. Foo/Servi r— While thenction of the business might not be food servi"ilfalLhol i�-being seervice must be provided when the RSA is in A tion. EvidUnce shall be icating how the applicant will meet this requirt.e. Noisa0The appldemonstrate that the design of the RSA will n4 ' imizU" arty of noise across property boundaries. Use of specialized screen wall materift, sound Ordinance No. Page 5 deadening techniques, or similar may be required. In addition, after a RSA is established, the City reserves the right to require additional measures to remedy any violation of the City's noise or nuisance ordinance, as determined by the City. f. Amplified Sound Due to the potential nuisance to neighboring properties and th general public in the surrounding neighborhood, amplified sound is not allowed, ex ept for RSAs associated with hospitality -oriented retail uses in the RFC -S subdistrict and for RSAs in the CB -10 Zone according to the provisions of this aragraph. For uses other than hospitality -oriented retail uses, applicants mus obtain a seasonal tempor ry use permit for use of amplified sound in an R A. Permits for amplified sound ar subject to the standards and restrictions set orth below and the general approval c 'teria for temporary uses as set forth in Ar `cle 14-4D. A temporary use permit may denied or rescinded at the discretionfof the City if noise becomes a nuisance or to s of the temporary use permit or the special exception conditions are violated. Hospita ' -Oriented Retail Uses are not1equired to obtain a temporary use permit, but are subs ct to the City's noise and nuisance ordinance and to the standards stated belo ' 1) If a RSA is I ated within 300 feet f a residential zone, amplified sound is prohibited; 2) The City may re ict the hours en amplified sound may be used. However, in no case sh II amplified ound be permitted between the hours of 12:00 midnight and 10:0 M; 3) No live entertainment ing mplification shall be allowed; 4) Amplified sound may be ricted or prohibited during public events, festivals or concerts; 5) The applicant must dem ns to to the satisfaction of the City that the design of the RSA will mini ize ca of noise across property boundaries. Use of specialized screen all mate Is, sound deadening techniques, control of volume, or similar may a required. , 2. Additional Special Exception Appr val Criteria for M nconforming Drinking Establishments A RSA that is accessory to a nonc nforming Drinking Estab 'shment may be allowed by special exception provided it mee the general approval critea for special exceptions set forth in 14-413-3, the approval cr' eria stated above for all RSAs and the additional approval criteria listed below: a. The RSA shall be locate directly above and contiguous to thdi icensed drinking establishment. Conti means there may not be other uses Iccated on floors in between the drinking a ablishment and the accessory RSA. b. There shall be no hor' ontal expansion of the licensed drinking esta ishment; c. There shall be no in ease in interior floor area or interior occupant to of the existing drinking establishm t, except if necessary for required bathrooms, elev or, stgrs, kitchen equipment or other essential elements necessary to meet access ' ity;;building code requiremen or to meet the requirements or conditions of the sp *tion CA) M coCA) N> • . Ordinance No. • Page 6 C. E F G 1J Amend 14-4D-2, Temporary Uses Allowed, by adding a new subparagraph as follows: • Seasonal permit for any proposed amplified sound for rooftop service areas (RSAs) located in the Central Business Distric (CB -10), subject to the standards and restrictions set forth in Section 1 4C -2V, Rooftop Service Areas, and any other conditions deemed appropriate by the City to ensure the general comfort, welfare and safety cif the public. Delete 1,4 -4E -5A-1, and substitute in lieu thereof: 1. A noncoXforming use shall not be enlarged, except as set forth in this Section. Amend subse on 14 -4E -5G, Nonconforming Drinking Establishments and Alcohol Sales -Oriented Ntail Uses, by adding a new paragraph�,,f4, as follows: 4. Non -conforming Dr`hl,'king Establishments may exp d to include a rooftop service area provided it meets,the standards and is appro ed by the Board of Adjustment according to the approv criteria set forth in 14 -IC, Accessory Uses, and the general special exception approva riteria set forth in 1 413-3, Special Exceptions. Amend Design Review Article, Sebtion 1 11. Rooftop Service Areas as set fortNn 1 Amend Design Review Article, Section 1 follows: (12) Rooftop Service Areas as set Amend Design Review Article, in 1 adding a paragraph 11, as follows: , Accessory Uses. 1a, adding a paragraph (12) as Accessory Uses. 14 -3C -3B, 4ding a paragraph 10, as follows: 10. Rooftop Service Areas allowed as provisional uses,,according to approval criteria set forth in 14-4C, Accessory Uses,.,/ `. SECTION 11. REPEALER. All ordi, ances and parts of ordinancei�Rin conflict with the provisions of this Ordinance are hereby repeal . ; 4. SECTION III. SEVERABILITY If any section, provision or part o��t,h adjudged to be invalid or uncon itutional, such adjudication shall not afl Ordinance as a whole or an section, provision or part thereof not unconstitutional. Ordinance shall be t the validity of the idiudged invalid or SECTION IV. EFFECTIV , DATE. This Ordinance shall be in effect after itt, approval and publication. Passed and approved this day of , 2015. MAYOR Approved by firW passage, C C= N Ca3 a CD W N Ordinance No. Page 7 ATTEST: CIT) w C%3 Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, TO ACKNOWLEDGE AND CROSS-REFERENCE AMENDMENTS PROPOSED TO THE ZONING CODE ALLOWING ROOFTOP SERVICE AREAS AND AMENDMENTS TO TITLE 10, PUBLIC WAYS AND PROPERTY, TO ALLOW SIDEWALK CAFES IN THE RIVERFRONT CROSSINGS DISTRICT. WHEREAS, Iowa City, similar to other cities across the country, has experienced an increased demand for outdoor seating areas associated with restaurants, bars, hotels, and similar commercial uses; and WHEREAS, rooftop service areas offer a similar outdoor atmosphere and add to the vibrancy of commercial areas and are particularly attractive in urban settings where ground level outdoor space on private property is limited; and WHEREAS, similar to outdoor seating areas located at the ground level, owners of establishments that have rooftop service areas may wish to serve alcoholic beverages in the rooftop seating areas; and WHEREAS, outdoor areas where alcoholic beverages areas are served for on-site consumption are defined as "outdoor service areas" and rules for these areas are set forth in Title 4, Alcoholic Beverages; and WHEREAS, in order to allow service of alcohol in rooftop service areas, it is necessary to amend Title 4 to acknowledge and clarify the standards for this new type of outdoor seating area and cross reference the zoning standards that apply; and WHEREAS, a provision that requires establishments that serve alcohol to be located entirely on the ground floor of buildings with windows allowing views into the interior space is obsolete as changes to police procedure have since addressed concerns about establishments that are located either above or below the ground level floor. In addition, the provision has been rendered virtually meaningless by repeated amendments over the years allowing numerous exemptions to this rule, so it is in the interests of the City to delete this requirement in its entirety rather than to create one more exemption from this rule for rooftop service areas; and WHEREAS, the redevelopment in the Riverfront Crossings District is likely to increase demand for sidewalk cafes in areas where mixed-use and commercial buildings are being encouraged; and WHEREAS, sidewalk cafes are a desirable use to encourage active, pedestrian -friendly streets; and WHEREAS, Title 10 sets forth the zones and locations where sidewalk cafes are allowed on public property, so in order to allow sidewalk cafes in the Riverfront Crossings District, Title 10 must be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Delete paragraph 4-2-213. B. Amend the Regulations of Outdoor Service Areas paragraph 4-3-1C-1, by adding anew sub -paragraph d. as follows, and re -numbering subsequent subparagraphs accordingly: Ordinance No. Page 2 of 3 d. An outdoor service area may be located on a rooftop if it is in compliance with the standards of this Title and the applicable standards and approval processes for Rooftop Service Areas, as set forth in Article 14-4C, Accessory Uses. Note that a special exception may be required. C. Delete the current location restriction for outdoor service areas set forth in 4-3-1 C-1 e(1), and substitute in lieu thereof: (1) For outdoor service areas located in the RFC -G Zone, hours of operation are limited to 7:00 AM to 10:00 PM daily, or when the kitchen is closed, whichever is more restrictive. For all other RFC Zones, hours of operation for outdoor service areas are limited to 7:00 AM to 10:00 PM on Sundays through Thursdays; and 7:00 AM to 12:00 Midnight on Fridays and Saturdays, or when the kitchen is closed, whichever is more restrictive. However, if an outdoor service area is located within 100 feet of a residential zone, hours of operation are limited to 7:00 AM to 10:00 PM daily, or when the kitchen is closed, whichever is more restrictive. D. Delete the noise restrictions for outdoor service areas in paragraph 4-3-1 C-5, and substitute in lieu thereof: 5. Noise Restrictions: Compliance with the City noise ordinance shall be required. Amplified sound shall be prohibited in outdoor service areas, except for limited use in rooftop service areas as set forth in 14-4C, Accessory Uses, and 14-4D, Temporary Uses. E. Delete paragraph 10-3-3A, allowing for sidewalk cafes in certain public rights-of-way, and substitute in lieu thereof: A. Sidewalk cafes are permitted in the public right-of-way only in the Central Business Zones (CB -2, CB -5, and CB -10 zones) and in the Riverfront Crossings District. F. Delete the current hours of operation limitations for sidewalk cafes paragraph 10-3-3G., and substitute in lieu thereof: G. In the Central Business Zones, sidewalk cafes shall operate only between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight. In the Riverfront Crossings District, sidewalk cafes shall operate only between the hours of 7:00 A.M. and 10:00 P.M. in the RFC -G Zone. In all other RFC Zones sidewalk cafes shall operate only between the hours of 7:00 AM and 10:00 PM Sunday through Thursday and between the hours of 7:00 AM and 12:00 midnight Friday and Saturday. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of , 2015. Ordinance No. Page 3 of 3 MAYOR ATTEST: CITY CLERK Approved b 7k. City Attorney's Office g f 131' 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 First Consideration 08/18/2015 Voteforpassage: AYES: Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published that the Ll CITY OF IOWA CITY MEMORANDUM Date: August 13, 2015 To: Tom Markus, City Manager From: Karen Howard, Associate Planner Re: Amendments to Title 4, Alcoholic Beverages and Title 10, Public Ways and Property Introduction: Iowa City, similar to other cities across the country, has experienced an increased demand for outdoor seating areas associated with restaurants, bars, hotels, and other commercial uses. Changes to Title 4, Alcoholic Beverages, are necessary to allow rooftop service areas, as proposed in the Zoning Code, to serve alcoholic beverages. In addition, changes to Title 10, Public Ways and Property, are needed to allow sidewalk cafes in the Riverfront Crossings District. Background: Outdoor areas located on private property where alcoholic beverages are served for on-site consumption are defined as "outdoor service areas" in Title 4. In order to allow service of alcohol in rooftop service areas, it is necessary to amend Title 4 to acknowledge and clarify the standards for this new type of outdoor service area and cross reference the zoning standards that apply. In addition, since rooftop service areas by definition are located above the ground floors of buildings, it is necessary to amend the paragraph within Title 4 that requires establishments that serve alcohol to be located entirely on the ground floor of buildings with windows allowing views into the interior space. When examining this paragraph we realized that there were so many exceptions to this rule written into the code over the years that it was no longer serving any apparent purpose. After consulting with police and fire officials, it was determined that the paragraph was no longer needed as changes to police procedures and fire codes have since addressed concerns about establishments that are located either above or below the ground level floor. Sidewalk cafes are outdoor seating areas located in the public right-of-way on sidewalks and the City Plaza. They are currently only allowed in the Central Business Zones, as those are the zones with wider pedestrian -oriented commercial street frontages. Similar wide sidewalk conditions may be available in the Riverfront Crossings District as the area redevelops and sidewalk cafes would be a welcome activity along area streets. Recommendation: Staff recommends amendments to Title 4 to clarify, acknowledge, and cross reference standards for rooftop service areas where alcoholic beverages are being served, if changes to the Zoning Code allowing such uses are adopted. In addition, staff recommends amending Title 10, Public Ways and Property, to allow sidewalk cafes in the Riverfront Crossings District. Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa ORDINANCE NO. AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVER AND CROSS-REFERENCE AMENDMENTS PROPOSED ALLOWING ROOFTOP SERVICE AREAS AND AMENDMENTS AND PROPERTY, TO ALLOW SIDEWALK CAFES IN THE DISTRICT. WHEREAS, Iowa City, similar to other cities across the increased demand for outdoor, seating areas associated wit similar commercial uses; and \ THE ZO NG CODE TITLE 10, PUBLIC WAYS 1ERFRONT CROSSINGS ountry, have experienced an restaurants, bars, hotels, and WHEREAS, rooftop service areas offer a similar outd or atmosphere and add to the vibrancy of commercial areas a are particularly attractiv in urban settings where ground level outdoor space on private prop rty is limited; and WHEREAS, similar to outdoor seating areas loca d at the ground level, owners of establishments that have rooftop se .ce areas may wi to serve alcoholic beverages in the rooftop seating areas; and WHEREAS, outdoor areas where Icoholic be erages areas are served for on-site consumption are defined as "outdoor sery a areas" nd rules for these areas are set forth in Title 4, Alcoholic Beverages; and WHEREAS, in order to allow service of a oh in rooftop service areas, it is necessary to amend Title 4 to acknowledge and clarify the t ndards for this new type of outdoor seating area and cross reference the zoning standards t t apply; and WHEREAS, a provision that requires es bll hments that serve alcohol to be located entirely on the ground floor of buildings with indo allowing views into the interior space is obsolete as changes to police procedure ha v since a dressed concerns about establishments that are located either above or below the g ound level or. In addition, the provision has been rendered virtually meaningless by repeat d amendmen over the years allowing numerous exemptions to this rule, so it is in the i terests of the 'ty to delete this requirement in its entirety rather than to create one more a emption from this le for rooftop service areas; and WHEREAS, the redevelopment in the Riverfront Cross gs District is likely to increase demand for sidewalk cafes in areas where mixed-use and ommercial buildings are being encouraged; and WHEREAS, sidewalk cafes ar a desirable use to encoura a active, pedestrian -friendly streets; and WHEREAS, Title 10 sets forth he zones and locations where si walk cafes are allowed on public property, so in order to all w sidewalk cafes in the Riverfront rossings District, Title 10 must be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL O THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is ereby amended as follows: ` A. Delete paragraph 4-2/-B. B. Amend paragraph 4--1, by adding a new sub -paragraph d. as follows, and re- numbering subsequent subparagraphs accordingly: d. An outdoor service area may be located on a rooftop if it is in compliance with the Ordinance No. Page 2 of 3 standards of this Title and the applicable standards and approval processes for Rooftop Service Areas, as set forth in Article 14-4C, Accessory Uses. Note that a special exception may be required. C. Delete the current sub -paragraph 4-3-1 C-1 e(1), and substitute in li (1) For outdoor service areas located in the RFC -G Zone, hours of 7:00 AM to 10:00 PM daily. For all other RFC Zones, hours of c service areas are limited to 7:00 AM to 10:00 PM on Sundays 7:00 AM to 12:00 Midnight on Fridays and Saturdays. Howev area is located with 100 feet of a residential zone, hours of 1 7:00 AM to 10:00 daily. D. Delete paragraph 4-3-1C-5, 5. Noise Restrictions: Amplifie areas, except for limited use Uses, and 14-41), Temporary required. substitute in lieu thereof: sound equipment shall be rooftop service areas as ses. Compliance with tl)r E. Delete paragraph 10-3-3A, and su A. Sidewalk cafes are permitted in the Zones (CB -2, CB -5, and CB -10 zon in lieu thereof: Aeration are limited to peration for outdoor rough Thursdays; and if an outdoor service )eration are limited to `ohibited in outdoor service et forth in 14-4C, Accessory City noise ordinance shall be blic right (fl way only in the Central Business i and in toe Riverfront Crossings District. F. Delete paragraph 10-3-3G., and substitute N liegthereof: G. In the Central Business Zones, sidewalk seven o'clock (7:00) A.M. and twelve o'cl Crossings District, sidewalk cafes shall o 10:00 P.M. in the RFC -G Zone. In all of between the hours of 7:00 AM and 10.0 the hours of 7:00 AM and 12:00 midni , es shall operate only between the hours of k 12:00) midnight. In the Riverfront era only between the hours of 7:00 A.M. and !r RF Zones sidewalk cafes shall operate only PM Su day through Thursday and between Friday a d Saturday. SECTION II. REPEALER. All ordinances nd parts of ordi ance of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or adjudged to be invalid or unconstitution , such adjudication sh Ordinance as a whole or any sectio provision or part thea unconstitutional. SECTION IV. EFFECTIVE DATE. his Ordinance shall be in approval and publication. Passed and approved this ay of , in conflict with the provisions ~- t of the not affe of not 2015. na1te shall be ,`v�'idity .Whe 8 Prepared by: Liz Craig, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 15-4635 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 1, ENTITLED "DEFINITIONS, ADMINISTRATION AND ENFORCEMENT OF TRAFFIC PROVISIONS," AND CHAPTER 8, ENTITLED "BICYCLES," TO EXPAND THE DEFINITION OF "BICYCLE"; PERMIT THE RIDING OF TWO BICYCLES ABREAST EACH OTHER; REMOVE THE REQUIREMENT THAT BICYCLISTS RIDE TO THE FAR RIGHT SIDE OF THE ROAD; AND AUTHORIZE THE IMPOUNDMENT OF INOPERABLE BICYCLES. WHEREAS, the City has an interest in public safety and traffic efficiency; WHEREAS, City Code section 9-1-1 defines a "bicycle" as "A device propelled by human power having two (2) wheels and at least one saddle or seat for use of a rider," WHEREAS, a range of recumbent and upright bicycles that do not fit in the current definition of "bicycle" are commonly used on City roadways and trails; WHEREAS, City Code section 9-8-1C requires that bicyclists ride single -file and "as far to the right hand side of the roadway as practicable"; WHEREAS, surrounding communities such as Tiffin, Coralville, and North Liberty, all explicitly permit bicyclists to ride two abreast on roadways; WHEREAS, most bicycle advocacy groups promote cycling two abreast because it makes cyclists more visible and requires motorists to provide sufficient space when passing cyclists by moving into the adjacent lane; WHEREAS, there are many common situations in which it is safer and more practical for bicyclists to ride away from the far right side of the road, especially in areas where road conditions are unfavorable (e.g., due to sand, ice, storm drains, pavement conditions, or along roadways with on -street car parking) or when preparing to make a left -turn; WHEREAS, to be consistent with the City's adjacent communities and to allow bicyclists to ride in manner that increases their safety and visibility on the road, it is in the City's best interest to allow cyclists to ride up to two abreast and eliminate the requirement that bicyclists ride as far right as possible; WHEREAS, it is in the City's best interest to update the Code's definition of "bicycle" to reflect the use of those devices commonly used on Iowa City roadways and trails; WHEREAS, broken and inoperable bicycles attached to bike racks take up scarce space and currently cannot be impounded until they have been left unattended for seven (7) days; WHEREAS, it is in the City's best interest to allow City staff to impound an inoperable bicycle without having to wait seven (7) days; and WHEREAS, it is in the best interest of the City to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 1, entitled "Definitions, Administration, and Enforcement of Traffic Provisions," is amended by deleting the definition of "bicycle" and substituting the following new definition of "bicycle" in lieu thereof and by adding a new definition of "inoperable bicycle": BICYCLE: Every device propelled solely by hand or foot pedals, having at least one saddle or seat for use of a rider, and having two or three wheels. INOPERABLE BICYCLE: A bicycle is inoperable if it is left on public property and has a missing, broken, or disassembled component necessary for operation, whether parked legally or illegally. A bicycle that is missing only a seat is not inoperable. 2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 1 entitled "Operation of Bicycles," Subsection C, entitled "Riding on Roadways" is amended by deleting it in its entirety and substituting the following new Subsection C in lieu thereof: C. Riding on Roadways: Persons riding bicycles on the roadway shall not ride more than two abreast and, on laned roadways, shall ride within a single lane. No bicyclist shall ride so as to impede the normal and reasonable movement of traffic. 3. Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 6, entitled "Parking Violations," Subsection A, entitled "Impoundment of Bicycles" is amended by deleting it in its entirety and substituting the following new Subsection A in lieu thereof: On finding a bicycle is: a) abandoned; b) inoperable; or c) unattended at a place where the bicycle constitutes an obstruction to vehicle or pedestrian traffic or constitutes an imminent threat to the health, safety or welfare of the public or is in violation of an existing parking ordinance, the police department or any officer, agent or employee of the city so designated may remove or cause the removal of such bicycle to a place designated by the chief of police for the storage of impounded bicycles. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 18thday of August , 2015. MAYOR ATTEST: i G CITY CLER Appro;4,�. City Attorney's Office Ordinance No. 15-4635 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 Botchway x Dickens x Dobyns x Hayek x Mims x Payne X Throgmorton First Consideration Vote for passage: AYES: Botchway, DIckens. Second Consideration _ Vote for passage: 07/27/2015 Dobyns, Hayek, Mims, Payne, Throgmorton, NAYS: None. ABSENT: None. Date published 08/ 27/2015 Moved by Mims, seconded by Botchway, 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.