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HomeMy WebLinkAbout2017-02-21 OrdinanceI Prepared by: Karen Howard, Associate Pianner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 4, CHAPTER 3, OUTDOOR SERVICE AREAS AND TITLE 14, ARTICLE 4D, TEMPORARY USES, TO ALLOW LIMITED USE OF AMPLIFIED BACKGROUND MUSIC FOR EATING AND DRINKING ESTABLISHMENTS IN THE RIVERFRONT CROSSINGS SOUTH GILBERT AND WEST RIVERFRONT SUBDISTRICTS. WHEREAS, Iowa City, similar to other cities across the country, regulates amplified sound in outdoor areas to prevent public nuisances associated with spillover noise into surrounding properties and neighborhoods; and WHEREAS, amplified sound is generally not allowed in outdoor service areas due to the potential for the noise to create a nuisance for nearby properties and the surrounding neighborhood, particularly in the downtown area, where there is a concentration of outdoor service areas, and in areas that are close to residential neighborhoods; and WHEREAS, in certain parts of the Riverfront Crossings District, namely the South Gilbert and West Riverfront Subdistricts, where outdoor service areas are not currently as prevalent and where single family zones are not in the vicinity, limited use of low volume, amplified background music in outdoor service areas may be acceptable as a part of a mixed-use neighborhood on a case by case basis provided there are appropriate controls on the volume, location, hours, and design of the outdoor service area to prevent spillover nuisance noise; WHEREAS, noise control in outdoor service areas and use of amplified sound is of particular concern due to the potential for sound to travel across property boundaries and into surrounding neighborhoods, 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; and WHEREAS, allowing amplified background music through a seasonal temporary use permit allows the flexibility for the City to work with the applicant to establish a set of standards and controls appropriate to the specific location and will allow the City to more quickly remedy any nuisances that arise; 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. Delete paragraph 4-3-1C-5, Noise Restrictions (for Outdoor Service Areas), and substitute in lieu thereof: 5. Noise Restrictions: Compliance with the City noise ordinance shall be required. A noise mitigation plan outlining the techniques to be used to minimize the carry of noise across property boundaries shall be included with the OSA application. The OSA shall be designed to minimize the carry of noise outside the OSA through the use of specialized screen wall materials, sound deadening techniques, placement and orientation of speakers, control of volume, or similar. The plan shall include anticipated decibel levels and note how the volume will be controlled. After an OSA is established, the City reserves the right to require additional noise minimization techniques. Amplified sound shall be prohibited in outdoor service areas, except as allowed by Title 14 -4C -D of this Code. B. Amend Section 14-4D-2, Temporary Uses Allowed, by adding the following paragraph: Ordinance No. Page 2 Seasonal permit for limited use of amplified background music in outdoor service areas associated with eating or drinking establishments located in the Riverfront Crossings - South Gilbert (RFC -SG) or Riverfront Crossings - West Riverfront (RFC -WR) Zones, according to the approval criteria set forth in Section 14-4D-4 and any associated conditions deemed appropriate by the city to advance the purpose of the approval criteria. C. Amend Section 14-4D-4, Approval Criteria (for Temporary Uses), by adding a new subsection J., as follows: J. Where amplified sound is allowed in an outdoor service area as a temporary use pursuant to 14-413-2, a temporary use permit may be granted upon satisfaction of the following additional approval criteria and shall be operated accordingly: 1. Amplified sound is only allowed if the OSA is located more than 300 feet from any residential zone. 2. Amplified sound shall be limited to background music intended to enhance the outdoor dining experience associated with an eating or drinking establishment and therefore should be kept at a low volume that will not inhibit normal conversation within the OSA and will minimize carry to areas outside the OSA. 3. Amplified background music is only allowed if the OSA is located more than 100 feet from any other OSA, unless it can be demonstrated that the amplified sound from the OSA is not audible within the other OSA. 4. 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. 5. Amplified sound may be restricted or prohibited during public events, festivals or concerts. 6. The applicant must submit a sound mitigation plan in accordance with Section 4-3- 1 C(5). 7. Live entertainment, movies, DJs, or presentations using amplification are not allowed under this permit. A separate temporary use permit is required for these types of special events. 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 2017. MAYOR ATTEST: Approved by v �4c� ✓� *moi DEPUTY CITY CLERK City Attorney's Office A811f 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: ABSTAIN: Botcbway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 0212112017 Voteforpassage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Sb Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO, AN ORDINANCE AMENDING CITY CODE SECTION 14 -2G -7F-9, SIGN REGULATIONS IN THE RIVERFRONT CROSSINGS FORM -BASED CODE, TO CHANGE THE SIGN ALLOWANCE FOR FASCIA SIGNS FOR COTTAGE INDUSTRIES AND ASSOCIATED USES IN THE SOUTH GILBERT SUBDISTRICT OF RIVERFRONT CROSSINGS. WHEREAS, recently adopted changes to the sign code for Central Business Zones and Riverfront Crossings Zones adjusted the signage allowance for fascia sign_ s for commercial uses to reflect the pedestrian -oriented storefront character of the buildings in downtown Iowa City and in commercial and mixed-use buildings in the Riverfront Crossings District; and WHEREAS, storefront requirements in these zones are intended to create a pedestrian - oriented environment, therefore a substantial percentage of the street -facing building facade must be comprised of windows and storefront entries, with fascia signage located on a sign band above the storefront windows and below upper floor residential windows at a scale that reflects the direct adjacency between the building and the public sidewalk; and WHEREAS, in rare cases of a cottage industry reusing an existing commercial building in Riverfront Crossings that was not constructed as a storefront building, is noncompliant with the storefront frontage standards and maximum setback standards in the form -based code, such as the building that Big Grove Brewery is re -purposing for their brewing operation on South Gilbert Street, the fascia signage allowance is inadequate to create the same kind of visual interest on a street -facing facade as would a compliant storefront building; WHEREAS, a cottage industry is a small manufacturing use that has a significant retail component, so there is reason to create more visual interest on building fagades without storefront features to attract customers as well as add visual interest along streets in Riverfront Crossings, which is intended to be a pedestrian -oriented, mixed-use neighborhood; and WHEREAS, in commercial zones outside the downtown area where buildings are often setback from the street without prominent storefront features, fascia signage may cover up to 15% of each wall of a building; and WHEREAS, given the history of the South Gilbert Subdistrict of Riverfront Crossings vg;a location for quasi -industrial uses, a similar sign allowance for cottage industries and associated uses that are located in buildings that are noncompliant with Riverfront Crossings storefront standards is warranted to create visual interest for pedestrians, bicyclists, and motorists; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning amendments and recommends 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. Delete paragraph 14 -2G -7F -9a, regarding sign allowances in certain subdistricts of Riverfront Crossings, and substitute in lieu thereof: a. In the South Downtown, Central Crossings, Park, and South Gilbert Subdistricts, signage on mixed-use and non-residential buildings shall be allowed according to the standards that apply in the CB -10 Zone, as set forth in Article 14-513, except that in the South Gilbert Subdistrict the maximum sign area for fascia signs for Cottage Industries and associated uses located in existing buildings that are legally non- compliant with storefront frontage standards is 15% of the sign wall. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions Ordinance No. Page 2 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 2017. MAYOR ATTEST: CITY CLERK '"�/� � Approved by: J,,t _g ✓: I C ah :� v�ik% City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: First Consideration _ Vote for passage: Throgmorton, Second Consideration _ Vote for passage: Date published Botchway Cole Dickens Mims Taylor Thomas Throgmorton oz/21/zov AYES: Dickens, Mims, Taylor, Thomas, Botchway, Cole. NAYS: None. ABSENT: None. that the Sc, Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE SECTION 14 -2G -3A TO ADDRESS BUILDING AND PARKING PLACEMENT STANDARDS FOR PROPERTY AT THE CORNER OF SOUTH GILBERT STREET AND HIGHWAY 6. WHEREAS, the building and parking placement standards in the Riverfront Crossings South Gilbert Zone require buildings to be located close to public sidewalks along street frontages and parking to be located behind buildings to foster a pedestrian -oriented, mixed-use neighborhood; and WHEREAS, U.S. Highway 6 forms the southern boundary of the Riverfront Crossings South Gilbert Subdistrict; and WHEREAS, U.S. Highway 6, due to higher traffic speeds and highway design will never be an urban street with on -street parking to activate commercial storefronts, so a different standard for building and parking placement may be warranted to create attractive and successful commercial storefronts along this highway corridor; WHEREAS, on properties with Highway 6 frontage in the Riverfront Crossings South Gilbert District, allowing buildings to be aligned along a minimum 10' pedestrian way with one aisle of parking located between this pedestrian way and Highway 6, will substitute for on -street parking and allow a more attractive storefront fagade to be visible along this frontage; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning amendments and recommends approval. 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. Amend Section 14 -2G -3A -3b, Building Placement (in the South Gilbert Subdistrict), by amending paragraph (1) as noted below, and adding a new sub -paragraph (e), as follows: (1) Principal buildings shall be placed to the front and corner of lots and aligned along setbacks in compliance with the following requirements as shown in Figure 2G-4, except as indicated below: (sub -paragraphs (a) — (d) remain the same) (e) In the South Gilbert Subdistrict, for a lot with frontage on both Gilbert Street and Highway 6, the building facade that faces Highway 6 may be aligned along a minimum 10' wide pedestrian way with abutting perpendicular parking spaces aligned along an east -west drive aisle located between the building and Highway 6. Therefore, the maximum setback along the Highway 6 frontage may be adjusted accordingly. (subsequent sub -paragraphs, currently (e) — (h), are re -lettered accordingly) B. Delete sub -paragraph 14-2G-3A-4b.(1)(a), and substitute in lieu thereof: (a) Surface Parking, Loading, and Service Areas: 30' min. from primary street building facade and located behind fully -enclosed, occupied building space, except as allowed in paragraph 2(b), below. Ordinance No. Page 2 C. Amend paragraph 14 -2G -3A -4b.(2), Parking, Loading and Service Areas, by adding a new subparagraph (b), as follows: (b) In the South Gilbert Subdistrict, for a corner lot with frontage on both Gilbert Street and Highway 6, one double -loaded aisle of surface parking is permitted within the private frontage area along the Highway 6 frontage. Surface parking must be setback a minimum of 10' from the Highway 6 right-of-way and screened to the S2 standard. Said surface parking must be setback 10' min. from the Gilbert Street right-of-way and 3' min. from the primary street building facade on Gilbert Street and screened to the S2 standard. (subsequent sub -paragraphs, currently (b) — (c), are re -lettered accordingly) 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 2017. 70 _x'10 - ATTEST: CITY CLERK ¢/ Approved by,vtm City Attorney's Office 2 ////'7 Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 02/21/2017 Vote for passage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published that the Prepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (VAC15-00OD7) ORDINANCE NO. 17-4693 ORDINANCE VACATING ALLEY RIGHT-OF-WAY BETWEEN 332 ELLIS AND 320 ELLIS AVENUE (VAC16-00002) WHEREAS, the applicant, Ellis Avenue, LLC, has requested that the City vacate and convey to the applicant the portion of the alley right-of-way running east -west between 332 Ellis Avenue and 320 Ellis Avenue; and WHERAS, the vacation is being requested to allow the applicant to acquire the right-of-way for the abutting property at 332 Ellis Avenue; and WHEREAS, this alley right-of-way is utilized for access and circulation by nearby residents; and WHEREAS, a suitable public access easement will be established in lieu of the right-of-way; and WHEREAS, the driveway will be improved according to plans approved by the City Engineer; and W HERAS, public water and sanitary sewer utilities exist on this portion of the right-of-way; and WHEREAS, a utility easement will be required over the vacated alley; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of the alley right-of-way between Ellis Avenue and Ridgeland Avenue and has recommended approval of the application subject to a public access easement, paving of the driveway, and necessary utility easements. 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 public right-of-way described as follows subject to a public access easement and a public utility easement: THAT 20 FOOT ALLEY ADJACENT TO LOTS 25, 26, 27 AND 28, BLOCK 4 OF MANVILLE HEIGHTS ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 4, IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER. SECTION It. 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. Passed and approved this 21st day of February 2017, M OR: Approved by: ATTEST: CITY ttzaRK City Attorney's Office , Ordinance No. 17-4693 Page 2 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: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Tbrogmorton First Consideration 01/17/2017 Vote forpassage: AYES: Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens, Mims. NAYS: None. ABSENT: None. Second Consideration 02/07/2017 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. Date published 03/02/2017 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 3133565030 ORDINANCE NO. ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 8, ENTITLED "BICYCLES," SECTION 6, ENTITLED "PARKING VIOLATIONS," SUBSECTION B, ENTITLED "OWNER PRIMA FACIE RESPONSIBLE FOR PARKING VIOLATIONS" TO ALLOW THE CITY TO DONATE ABANDONED BICYCLES TO LOW INCOME YOUTH. WHEREAS, currently the City must sell impounded bicycles at a public auction or donate to nonprofit organizations that serve low income and disadvantaged youth and families; and WHEREAS, it is in the best interest of the City to have an additional option to allow City staff to donate said impounded bicycles directly to low income youth and homeless individuals. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 6, entitled "Parking Violations," Subsection B, entitled "Owner Prima Facie Responsible for Parking Violations," Paragraph 2 is hereby repealed in its entirety and a new Paragraph 2 is added which reads as follows: In the event the City is unable to ascertain the owner, or the owner does not claim the bicycle within three (3) calendar months from the date of impoundment, the City shall, except as noted below, cause such bicycle to be sold at a public auction. Notice of such disposition shall be published pursuant to state law governing abandoned vehicles. In lieu of selling said bicycle at public auction, the City may donate it to: a) a non-profit organization or entity which serves low income/disadvantaged youth or families in Johnson County, Iowa, for use by members of the population served; b) a low income/disadvantaged youth; or c) a homeless individual who has no other means of transportation. SECTION It. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ATTEST: CITY CLERK 2017. Approved by City Attorney's Office it, Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 02/21/2017 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published that the r CITY OF IOWA CITY 11 AC MEMORANDUM CIN of town Qry UNESCO CITY OF LITERATURE Dale: January 8, 2017 To: Geoff Fruin, City Manager From: Bill Campbell, Acting Chief of Police u Re: Abandoned Bicycles / Ordinance Amendment Introduction: The Iowa City Police Department (ICPD) is regularly called upon to impound bicycles. Some of the bicycles are abandoned on private property while others are left for an extended period of time in bicycle racks on public property. The ICPD removes the bicycles and transports them to a storage area. Approximately two hundred (200) bicycles, or more, are impounded by the ICPD on an annual basis. Several times a year the ICPD publishes a notice in the Press Citizen to notify citizens of the bicycles impounded and their upcoming disposal. Ninety (90) days after publication, City code allows for the bicycles to be disposed of by public auction or by donation to a non-profit organization or entity. With the proposed amendment, City staff will have the ability, as needed, to retain some or all of the impounded bicycles in the City's possession. These bicycles will be used to support community outreach activities with low income/disadvantaged youth and people experiencing homelessness. The remaining bicycles will continue to be donated to the Iowa City Bike Library (ICBL). The ICBL staff is aware of this ordinance amendment and fully supports it as it furthers their goal of "getting more people on bikes " History/Background: Currently, the ICPD disposes of impounded bicycles by donating them to the ICBL. This has worked well for both organizations. It provides the ICPD with an efficient method of disposal and it provides the ICBL with additional and recurring inventory. ICBL staff have graciously donated numerous, refurbished bicycles back to the ICPD for outreach. The Downtown Liaison Officer has distributed these bicycles to individuals experiencing homelessness. The bicycles are used for transportation to and from appointments, the Free Lunch Program, Salvation Army, other services, and general transportation. Financial Impact: This change is expected to be cost -neutral to the City. The bicycles retained for community outreach will be bicycles selected because they are in usable condition or because they can be refurbished by the recipient or other organization at no cost to the City. Recommendation: The proposed amendment will provide City staff with a resource of bicycles to use for community outreach to citizens who are otherwise limited in transportation. These may be low income/disadvantaged youth or someone experiencing homelessness with no other method of transportation. These projects will help to fulfill the City's Strategic Plan by enhancing community engagement with some of our most vulnerable citizens.