HomeMy WebLinkAbout2020-07-07 OrdinanceItem Number: 9.a.
J uly 7, 2020
O rd inan ce conditional l y rezonin g ap p roximatel y 0.53 acres of l and l ocated at
1335 Hig h way 1 West from Intensive Commercial (C I-1) to (C I-1). (R E Z 20-
01). (Pass & Adop t)
AT TAC HM E NT S :
Description
Public Hearing Notice
Staff Report with Attachments
P&Z minutes: May 7
Ordinance & C Z A
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held at which the Council will consider:
An ordinance conditionally rezoning
approximately 0.53 acres of land located
at 1335 Highway 1 West from Intensive
Commercial (CI-1) to (CI-1). The
request is to modify the conditions
associated with the property’s zoning
designation in order to reduce the
required landscaped front setback area
along Highway 1 from 30 feet to 10 feet,
with landscaping consisting of
ornamental trees and a mix of
evergreen and deciduous shrubs and no
parking or paving other than sidewalks.
(REZ20-01)
Copies of the proposed ordinance and conditional
zoning agreement are on file for public
examination in the office of the City Clerk, City
Hall, Iowa City, Iowa, which is currently closed to
the public because of the coronavirus. Copies are
available by telephoning the City Clerk at
319/356-5043 or emailing kellie-fruehling@iowa-
city.org.
The public hearing will be held at 7:00 p.m. on
June 9, 2020, in Emma J. Harvat Hall of the Iowa
City City Hall, 410 E. Washington Street, Iowa
City. If City Hall remains closed to the public, the
meeting will be an electronic meeting using the
Zoom Meetings Platform. For information on how
to participate in the electronic meeting, see
www.icgov.org/councildocs or telephone the City
Clerk at 319/356-5043. Persons wishing to make
their views known for Council consideration are
encouraged to participate.
Kellie Fruehling, City Clerk
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Ray Heitner
Item: REZ20-01 Date: May 7, 2020
GENERAL INFORMATION:
Applicant: Focus Development
2491 Oakdale Blvd, Suite 201
Coralville, IA 52241
319-512-2322
benl@focusdevco.com
Contact Person: Ben Logsdon
2491 Oakdale Blvd, Suite 201
Coralville, IA 52241
319-52-2322
benl@focusdevco.com
Owner: GRD Clinics
1805 State St
Bettendorf, IA 52722
319-512-2322
benl@focusdevco.com
Requested Action: Rezoning from Intensive Commercial (CI-1) to CI-
1. The request is to modify the conditions
associated with the property’s zoning designation
in order to reduce the required landscaped front
setback area along Highway 1 from 30 feet to 10
feet, with landscaping consisting of ornamental
trees and a mix of evergreen and deciduous
shrubs and no parking or paving other than
sidewalks.
Purpose: To obtain a reduced setback area for property
located at 1335 Hwy. 1 West.
Location: 1335 Highway 1 West
2
Location Map:
Size: Approximately 0.53 acres
Existing Land Use and Zoning: Commercial, Intensive Commercial (CI-1)
Surrounding Land Use and Zoning: North: CI-1 – Intensive Commercial
(Commercial)
RS-5 – Low Density Single-Family
Residential (Residential)
South: C1-2 – Intensive Commercial
(Commercial)
East: CI-1 – Intensive Commercial
(Commercial)
West: CI-1 – Intensive Commercial
(Commercial)
RM-12 – Low Density Multi-Family
Residential (Residential)
Comprehensive Plan: Intensive Commercial
District Plan: South Central District
Neighborhood Open Space District: N/A
Public Meeting Notification: Property owners located within 300’ of the project
site received notification of the Planning and
Zoning Commission public meeting. Rezoning
signs were also posted on the site.
File Date: April 20, 2020
45 Day Limitation Period: June 4, 2020
3
BACKGROUND INFORMATION:
In February of 1993 the City annexed and rezoned the subject property (Ord. 93-3563),
referred to as the Dane tract, from County Commercial (C-2) and County Rural (A-1) to
Intensive Commercial (CI-1). The rezoning was subject to a conditional zoning agreement
(CZA) which specified infrastructure improvements and design requirements for
development of the site.1
An application has been submitted by Focus Development for a rezoning from Intensive
Commercial (CI-1) to CI-1 for approximately 0.53 acres of land located at 1335 Highway 1
West. The request is to modify the conditions associated with the property’s zoning
designation in order to reduce the required landscaped front setback area along Highway 1
from 30 feet to 10 feet, with landscaping consisting of ornamental trees and a mix of
evergreen and deciduous shrubs and no parking or paving other than sidewalks.
With this rezoning request, the CI-1 zoning will be maintained, but a new ordinance and
conditional zoning agreement will be drafted. The conditions of the new ordinance area listed
below.
a. The development shall have only one access onto Highway 1 which shall be located
at Sunset Street. No additional vehicle access points onto Highway shall be permitted.
b. No outdoor storage of merchandise or material shall occur within 100 feet of the
Highway 1 right-of-way. Storage areas located beyond 100 feet of the Highway 1 right-
of-way shall be screened with a solid wall at least 6 feet in height. A planted landscape
bed, a minimum of 15 feet in width shall be located adjacent to the wall. Owners shall
submit a concept plan illustrating a tree planting plan for landscape beds, to be
approved by the Director of Development Services.
c. There shall be a 10-foot setback from Highway 1, which shall be landscaped with
ornamental trees and a mixture of evergreen and deciduous shrubs. No parking or
paving other than sidewalks shall be allowed within this 10-foot setback.
d. Prior to the issuance of a building permit, approval of a landscaping plan by the City
Forester, consisting of ornamental trees and a mixture of evergreen and deciduous
shrubs to be located within the reduced setback area.
e. Provision of an access easement along the west side of the landscaped area of a size
and in a location to be determined in coordination with the City Engineer, which shall
be dedicated to the City, in a form of agreement acceptable to the City Attorney.
ANALYSIS:
Current Zoning: The property is currently zoned Intensive Commercial (CI-1). The purpose of
1 In February of 1996, the CZA was amended to eliminate a requirement to provide access
to the property to the south (Ord. 96-3721). This condition was originally written in the
CZA to ensure access would be provided to the current airport property, should the
airport relocate from its existing location and subsequently redevelop. Because it was
decided to keep the airport at its existing location, this condition was removed.
4
the CI-1 zone is to provide areas for those sales and service functions and businesses whose
operations are typically characterized by outdoor display and storage of merchandise, by
repair and sales of large equipment or motor vehicles, by outdoor commercial amusement
and recreational activities or by activities or operations conducted in buildings or structures
not completely enclosed.
The subject property, along with what is currently known as 1375, 1411, and 1445 U.S.
Highway 1 West, were annexed into the City and rezoned to the current CI-1 zoning
designation in 1993, with the intent of accommodating development of a Menards home
improvement store on the property assemblage (referred to in the CZA as the Dane tract).
When the CI-1 zoning was put into place, staff had concerns about the property’s aesthetics,
particularly as this new shopping center would act as a southwestern gateway into the City.
Concerns regarding aesthetics and traffic circulation were addressed in the CZA through the
provision of adequate landscaping, screening and buffer yards, the coordination of individual
building design throughout the Dane tract assemblage, and the provision of an adequate
traffic circulation route for the Dane tract and adjacent parcels. While past staff reports do
not provide a specific reason as to why a 30-foot setback from Highway 1 is required, staff
believes this condition was put into place to provide a generous amount of landscape
screening and yard buffering from the parking and outdoor storage areas of the Menards
property and Highway 1.
Proposed Zoning: Condition 4(o) from the existing CZA currently states the following, “There
shall be a 30-foot setback from Highway 1, which shall be landscaped with a mixture of
evergreen and deciduous trees. No parking or paving other than sidewalks shall be allowed
within this 30-foot setback.”
The subject rezoning request wishes to reduce the required setback from Highway 1 West
from 30 feet to 10 feet, with landscaping placed in the newly reduced setback area. The
applicant has asserted that reducing the setback requirement will maintain consistency with
the setback of the recently developed parcel at 1275 Highway 1 West, in addition to other
commercial areas located to the south and east of the subject property along Highway 1
West.
Staff recognizes that the purpose and surrounding character of the subject property and Dane
tract assemblage has changed since the CZA was originally drafted in 1993. First, the
Menards store which previously occupied 1375 Highway 1 West has since been relocated.
However, as long as the CI-1 zoning is in place at this location, uses of similar intensity and
character may take residence at the former Menards site. Second, the Dane tract assemblage
no longer acts as a gateway to the city. Various forms of commercial development have since
located in areas more adjacent to the Highway 1/Route 218 interchange, with the
southwestern City limits now pushed west of Route 218. Finally, the property located directly
east of the subject property, at 1275 Highway 1 West, built a parking lot with a setback
distance similar to the requested 10-foot setback the applicant is proposing for the property
at 1335 Highway 1 West.
Rezoning Review Criteria:
Staff uses the following two criteria in the review of rezonings:
1. Consistency with the comprehensive plan;
2. Compatibility with the existing neighborhood character.
5
Consistency with the Comprehensive Plan: The current CI-1 zoning designation complies
with the future land use direction of Intensive Commercial set forth in the Comprehensive
Plan. The South Central District Plan also recognizes this area as suitable for Intensive of
Highway Commercial use. The District Plan calls out the need to upgrade landscaping and
pedestrian access along commercial corridors on Highway 1, as properties develop and
redevelop along the corridor.
The proposed CZA amendment would result in new paving being laid down in the newly
reduced setback area on 1335 Highway 1 West. The new paving would result in the loss of
four mature honey locust trees. To mitigate this loss, staff is proposing that a condition of
the CZA be the provision of a landscaping plan, containing a mixture of ornamental trees
and shrubs in the reduced setback area that will be approved by the City Forester.
Staff is also recommending a condition of the rezoning be the provision of an access
easement along the west side of the property that would allow for a potential future
crosswalk across Highway 1 and connect the subject property with the existing trail network
along the north side of Highway 1 West.
Compatibility with the Existing Neighborhood Character: The surrounding neighborhood
is generally comprised of Intensive Commercial (CI-1) zoning and land use. Low density
single-family residential housing can be found on the north side of Highway 1 West. Despite
the CZA’s original intention to have the existing 30-foot setback area landscaped with a
mixture of evergreen and deciduous trees, the setback area has seen very little landscaping
installed over the years. The subject property does contain four honey locust trees that
have since reached maturity. The property at 1441 Highway 1 West does not contain a ny
trees or shrubs in the setback area, while the property at 1445 Highway 1 West contains a
small tree and shrub mixture along the northern edge of its parking lot.
The property to the east, located at 1275 Highway 1 West, is not a part of the Dane tract
assemblage. This property was developed in 2017, and its parking lot is setback about 10
feet from the Highway 1 right-of-way. The setback area on this lot is landscaped with a
mixture of shrubs and ornamental tall grass. It is possible that landscaping enhancements
to the reduced setback area on 1335 Highway 1 West will match the existing landscaping
at 1275 Highway 1 West. While the new landscaping in this area would provide some
variety in trees and shrubs closer to Highway 1, it would also result in the loss of four
existing trees and alter the setback line for the adjoining Dane tract properties to the west.
To help preserve the existing Highway 1 West corridor aesthetic, the new ordinance will
carry over an existing condition on the subject property that does not allow outdoor storage
of merchandise or material within 100 feet of the Highway 1 right-of-way.
Traffic Implications and Access: The proposed additional paving will provide a means of
internal access along the north side of the building. To reduce points of conflict with
Highway 1 West, the new ordinance will carry over an existing condition on the subject
property that will not allow new curb cuts onto Highway 1 West. The subject property does
have access to the greater development’s interior access road, which leads to a drive that
provides access to the Hwy 1 West and Sunset Street intersection. Staff does not believe
that the rezoning will result in any major traffic implications.
Utilities: A sanitary sewer easement spans the existing 30-foot wide setback area. The
6
sanitary sewer main runs beneath the middle of the easement area. Public Works staff has
indicated that they are comfortable with additional paving in this area but are reluctant to
allow large trees within the proposed 10-foot wide setback area. Because of the nearby
sanitary sewer main as well as the existence of overhead power lines that run near the
proposed setback area, any replacement landscaping in the reduced setback area would
consist of a mixture of smaller, ornamental trees and shrubs.
NEXT STEPS:
Upon recommendation of approval of the rezoning from the Planning & Zoning Commission,
a public hearing will be scheduled for consideration of the application by City Council.
STAFF RECOMMENDATION:
Staff recommends that an application submitted by Focus Development for a rezoning from
Intensive Commercial (CI-1) to CI-1 for approximately 0.53 acres of land located at 1335
Highway 1 West be approved, subject to the following conditions:
1. The development shall have only one access onto Highway 1 which shall be located
at Sunset Street. No additional vehicle access points onto Highway shall be permitted.
2. No outdoor storage of merchandise or material shall occur within 100 feet of the
Highway 1 right-of-way. Storage areas located beyond 100 feet of the Highway 1 right-
of-way shall be screened with a solid wall at least 6 feet in height. A planted landscape
bed, a minimum of 15 feet in width shall be located adjacent to the wall. Owners shall
submit a concept plan illustrating a tree planting plan for landscape beds, to be
approved by the Director of Development Services.
3. There shall be a 10-foot setback from Highway 1, which shall be landscaped with
ornamental trees and a mixture of evergreen and deciduous shrubs. No parking or
paving other than sidewalks shall be allowed within this 10-foot setback.
4. Prior to the issuance of a building permit, approval of a landscaping plan by the City
Forester, consisting of ornamental trees and a mixture of evergreen and deciduous
shrubs to be located within the reduced setback area.
5. Provision of an access easement along the west side of the landscaped area of a size
and in a location to be determined in coordination with the City Engineer, which shall
be dedicated to the City, in a form of agreement acceptable to the City Attorney.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Concept Plan
4. Concept Landscape Plan
5. Ordinance No. 96-3721
7
Approved by: _________________________________________________________
Danielle Sitzman, AICP, Development Services Coordinator,
Department of Neighborhood and Development Services
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An application submitted by Focus Development for a rezoning of 0.53 acres located at 1335 Highway 1 W for the revision of conditions from previous CZA's.
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An application submitted by Focus Development for a rezoning of 0.53 acres located at 1335 Highway 1 W for the revision of conditions from previous CZA's.
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(319) 351-8282
LAND PLANNERS
LAND SURVEYORS
CIVIL ENGINEERS
LANDSCAPE ARCHITECTS
IOWA CITY, IOWA 52240
MMS CONSULTANTS, INC.
ENVIRONMENTAL SPECIALISTS
www.mmsconsultants.net
1917 S. GILBERT ST.
04-20-20 PER CITY COMMENTS -JDM
1335 HIGHWAY 1 W
D AND L SUBDIVISION
LOT 1
IOWA CITY
JOHNSON COUNTY
STATE OF IOWA
02-13-2020
JDM
MAK
JDM
IOWA CITY
7331-055
1270,1273,1275
0.53 AC.
CONDITIONAL
ZONING AGREEMENT
EXHIBIT
1
1"=20'
GRAPHIC SCALE IN FEET
0
1"=20'
2 5 10 15 20
NOT TO SCALE
LOCATION MAP
1335 HIGHWAY 1 W
HWY 1218CONDITIONAL ZONING AGREEMENT EXHIBIT
1335 HIGHWAY 1 WEST
IOWA CITY, IOWA
HIGHWAY 1 (NORTHBOUND LANES)O:\7331\7331-055\7331-055X.dwg, 4/20/2020 2:11:30 PM, jdm
(7) PA
(7) PA
(4) CS
(3) CS
(3) CS
MP
SR
MP
SR
MP
(319) 351-8282
LAND PLANNERS
LAND SURVEYORS
CIVIL ENGINEERS
LANDSCAPE ARCHITECTS
IOWA CITY, IOWA 52240
MMS CONSULTANTS, INC.
ENVIRONMENTAL SPECIALISTS
www.mmsconsultants.net
1917 S. GILBERT ST.
1335 HIGHWAY 1 W
D AND L SUBDIVISION
LOT 1
IOWA CITY
JOHNSON COUNTY
STATE OF IOWA
04-17-2020
JDM
BAH
JDM
IOWA CITY
7331-055
1270,1273,1275
0.53 AC.
LANDSCAPE
PLAN
1
1"=20'
GRAPHIC SCALE IN FEET
0
1"=20'
2 5 10 15 20
NOT TO SCALE
LOCATION MAP
1335 HIGHWAY 1 W
HWY 1218LANDSCAPE PLAN
1335 HIGHWAY 1 WEST
IOWA CITY, IOWA
HIGHWAY 1 (NORTHBOUND LANES)O:\7331\7331-055\7331-055L.dwg, 4/20/2020 2:09:41 PM, jdm
MINUTES FINAL
PLANNING AND ZONING COMMISSION
MAY 7, 2020 – 7:00 PM
Zoom Meeting Platform
MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Phoebe Martin, Max
Parsons, Mark Signs, Billie Townsend
MEMBERS ABSENT:
STAFF PRESENT: Ray Heitner, Sara Hekteon, Anne Russett
OTHERS PRESENT: Jon Marner
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 5-1-1 (Martin dissenting, Townsend abstaining) the Commission recommends
approval of REZ 20-01, an application submitted by Focus Development for a rezoning from
Intensive Commercial (CI-1) to CI-1 for approximately 0.53 acres of land located at 1335
Highway 1 West. The request is to modify the conditions associated with the property’s zoning
designation in order to reduce the required landscaped front setback area along Highway 1 from
30 feet to 10 feet, with landscaping consisting of ornamental trees and a mix of evergreen and
deciduous shrubs and no parking or paving other than sidewalks; subject to the following
conditions:
1. The development shall have only one access onto Highway 1 which shall be located
at Sunset Street. No additional vehicle access points onto Highway shall be permitted.
2. No outdoor storage of merchandise or material shall occur within 100 feet of the
Highway 1 right-of-way. Storage areas located beyond 100 feet of the Highway 1 rightof-
way shall be screened with a solid wall at least 6 feet in height. A planted landscape
bed, a minimum of 15 feet in width shall be located adjacent to the wall. Owners shall
submit a concept plan illustrating a tree planting plan for landscape beds, to be
approved by the Director of Development Services.
3. There shall be a 10-foot setback from Highway 1, which shall be landscaped with
ornamental trees and a mixture of evergreen and deciduous shrubs. No parking or
paving other than sidewalks shall be allowed within this 10-foot setback.
4. Prior to the issuance of a building permit, approval of a landscaping plan by the City
Forester, consisting of ornamental trees and a mixture of evergreen and deciduous
shrubs to be located within the reduced setback area.
5. Provision of an access easement along the west side of the landscaped area of a size
and in a location to be determined in coordination with the City Engineer, which shall
be dedicated to the City, in a form of agreement acceptable to the City Attorney.
Electronic Meeting
(Pursuant to Iowa Code section 21.8)
An electronic meeting is being held because a meeting in person is impossible or impractical
due to concerns for the health and safety of Commission members, staff and the public
presented by COVID-19.
Planning and Zoning Commission
May 7, 2020
Page 2 of 8
CALL TO ORDER:
Hensch called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
CASE NO. REZ20-01:
Applicant: Focus Development
Location: 1335 Highway 1 West
An application submitted by Focus Development for a rezoning from Intensive Commercial (CI-1)
to CI-1 for approximately 0.53 acres of land located at 1335 Highway 1 West. The request is to
modify the conditions associated with the property’s zoning designation in order to reduce the
required landscaped front setback area along Highway 1 from 30 feet to 10 feet, with
landscaping consisting of ornamental trees and a mix of evergreen and deciduous shrubs and no
parking or paving other than sidewalks.
Heitner began the report with an aerial view of the subject property and the surrounding zoning,
CI-1 zoning more or less surrounds the subject property. There is some residential zoning across
the street on Highway 1 but generally this is a fairly intensive commercial area. Heitner showed
another image of the subject property and its distance from Highway 1, it shows approximately
30 feet of separation or setback distance. Heitner noted the subject property along with three
other properties, known as Dane tract, were annexed into the City in 1993 and rezoned to CI-1
(Intensive Commercial). At that time there was a pretty detailed conditional zoning agreement
that accompanied that rezoning with the attempt to soften some of the impacts that might
normally be associated with intensive commercial being that this larger development was going
to, at that time, act as an entryway or gateway to the City. The Planning Commission and
Council back in 1993 wanted to be very mindful of trying to produce a nice welcoming aesthetic
into the City even with the land use being appropriate for intensive commercial and complying
with the Comprehensive Plan.
Heitner stated the current request is to modify conditions associated with the current zoning
designation in order to reduce the required landscape and the front setback area on Highway 1
from 30 feet to 10 feet with landscaping consisting of ornamental trees and a mix of evergreen
and deciduous shrubs and no parking or paving other than sidewalks. Heitner noted it is
important to know that with this rezoning request the CI-1 zoning will be maintained, but the
request would involve adoption of a new ordinance and conditional zoning agreement (CZA) for
this parcel.
Heitner showed the concept plan submitted by the applicants for the subject property. The plan
showed where they're proposing landscaping and the additional paving that they would like to
put in the area that's currently within 30-foot setback. The applicant is hoping to reduce the
setback down to 10 feet.
Planning and Zoning Commission
May 7, 2020
Page 3 of 8
Heitner reiterated the current zoning is CI-1 and that zoning designation is typically suited for
outdoor sales of larger equipment and motor vehicles, commercial amusement or recreational
activities. Again this property is part of a larger assemblage that was rezoned into the City in
1993 as part of the old Menards development. The CZA that was drafted at the time wanted to
be very mindful of the gateway aesthetics into the City and how circulation needs would be
addressed within this development. The request tonight is to maintain the CI-1 zoning but reduce
the setback from 30 feet to 10 feet. The reduced setback area would be landscaped. The
applicant believes that the rear setback area will be consistent with other properties on the
Highway 1 West corridor. Heitner showed an image of the subject property looking west and
noted the current 30-foot setback going pretty much up to the building edge and the four honey
locust trees in the setback area currently would have to be removed if there was additional
paving put in this area.
Heitner also wanted to note as mentioned in the staff report there have been some changes to
this general area since 1993. The anchor tenant for the larger development, Menards, relocated
west of Highway 218 a few years ago and since 1993 there's been considerably more
development southwest of the Dane track (car dealerships, offices, some residential). A third
point he wanted to bring up here is the property to the east (1275 Highway 1 West, which is not
part of the Dane track) does have an existing 10-foot setback.
Heitner next reviewed the criteria staff uses in its review of rezonings. First is consistency with
the Comprehensive Plan and second is compatibility with the existing neighborhood character. In
terms of consistency with Comprehensive Plan, both the Comp Plan and the South Central
District Plan indicate this subject property is appropriate for intensive commercial. There are a
couple conditions related to goals of the Comprehensive Plan that staff is recommending with
this rezoning. First is a provision of a landscaping plan containing mature ornamental trees and
shrubs in the reduced setback area that will be approved by the City Forester. Heitner noted that
condition attempts to get to the City’s land use goals pertaining to emphasizing green
components along arterials and major entries to the City. Second condition is the provision of an
access easement along the west side of the property that would allow for potential future
crosswalk across Highway 1 connecting the subject property with the existing trail network on the
north side of Highway 1 West. Heitner reiterated this is a condition that gets to the transportation
goals in the Comp Plan encouraging pedestrian oriented development and closing gaps within
the sidewalk network.
Heitner showed the landscape plan that the applicant submitted, noting it was just a draft
landscaping plan, staff does anticipate that another landscaping plan may be submitted for this
development. There are five ornamental trees shown on this landscaping plan and about two
dozen shrubs within the reduced setback area. Staff asked for ornamental trees because there
are some overhead power lines in this area and the City Forester wanted to be mindful of larger
trees not having conflicts with those power lines. Heitner next showed an image of where staff is
requesting the access easement on the southwest corner of the property.
Heitner stated in terms of compatibility with the existing neighborhood, there is some low-density
single family north of Highway 1 but generally speaking the area's more or less surrounded by
intensive commercial. The new ordinance will carry over a condition from the existing CZA that
would not allow outdoor storage of merchandise within 100 feet of the Highway 1 right-of-way to
preserve a nice corridor aesthetic. Heitner showed another image looking west on Highway 1
Planning and Zoning Commission
May 7, 2020
Page 4 of 8
and noted there isn't a great deal of landscaping within this 30-foot setback area and the Toyota
dealer has a mix of ornamental trees and shrubs like the applicant is proposing here. Looking
from the Toyota dealership to the east the landscaping that has been installed is just smaller
shrubs and trees. Overall there is some limited early landscaping within that setback areas but
not a great degree of landscaping that's mature at this point.
In terms of traffic implications and access, the applicant is requesting the change in setback
regulation to allow for more paving on the north side of the building. Staff is recommending
carrying over a condition from the existing CZA that would not allow any additional points of
access onto Highway 1 West. With respect to utilities, there is a 30-foot-wide sanitary sewer
easement between the existing setback line and the Highway 1 West right-of-way. City public
works staff in review of this application has said that they are comfortable with pavement and
smaller trees and bushes being placed within this easement area. The sanitary sewer
infrastructure is fairly deep underneath this area which is why public works is comfortable with
some coverage in this area but again they wouldn't want any permanent structures put in this
easement area.
Heitner stated the role of the Commission tonight is to determine whether the rezoning complies
with Comprehensive Plan and is compatible with the existing neighborhood character. Pending
approval of this item, City Council would hold a public hearing on the item.
Staff recommends that an application submitted by Focus Development for a rezoning from
Intensive Commercial (CI-1) to CI-1 for approximately 0.53 acres of land located at 1335
Highway 1 West be approved, subject to the following conditions:
1. The development shall have only one access onto Highway 1 which shall be located
at Sunset Street. No additional vehicle access points onto Highway shall be permitted.
2. No outdoor storage of merchandise or material shall occur within 100 feet of the
Highway 1 right-of-way. Storage areas located beyond 100 feet of the Highway 1 right-of-
way shall be screened with a solid wall at least 6 feet in height. A planted landscape
bed, a minimum of 15 feet in width shall be located adjacent to the wall. Owners shall
submit a concept plan illustrating a tree planting plan for landscape beds, to be
approved by the Director of Development Services.
3. There shall be a 10-foot setback from Highway 1, which shall be landscaped with
ornamental trees and a mixture of evergreen and deciduous shrubs. No parking or
paving other than sidewalks shall be allowed within this 10-foot setback.
4. Prior to the issuance of a building permit, approval of a landscaping plan by the City
Forester, consisting of ornamental trees and a mixture of evergreen and deciduous
shrubs to be located within the reduced setback area.
5. Provision of an access easement along the west side of the landscaped area of a size
and in a location to be determined in coordination with the City Engineer, which shall
be dedicated to the City, in a form of agreement acceptable to the City Attorney.
Hensch asked a question on condition number one, the development shall have only one access
onto Highway 1 and located at Sunset Street but said there currently isn't one because that's just
a private frontage road to the south. Heitner noted they can clarify that in the condition, they
were just referring to the access to the interior road that leads out to Sunset. Hensch feels that
language is confusing and perhaps the City Attorney could look at that language.
Planning and Zoning Commission
May 7, 2020
Page 5 of 8
Parsons asked if the applicant has said what's going into that property and do they have any
plans to modify the existing structure. Heitner noted that would be a good question for the
applicant.
Parsons asked why Toyota of Iowa City has a bunch of cars parked on the grass and if that is
unknowingly violating any kind of code for that area. Heitner said staff will look into that
Dyer asked what the applicant is going to do with it the 20 feet they are gaining. Heitner said his
understanding is that 20 feet that they're looking to gain with this rezoning would be just for
paving. Dyer asked if it would be for a driving area or parking. Heitner believes driving.
Signs noted it could perhaps be used as a drive through area.
Hensch opened the public hearing.
Jon Marner (MMS Consultants) spoke to the Commission on behalf of Focus Development and
Ben Logsdon. First he wanted address the landscape plan and try to address some of the
questions that that the Commission members have there. As Heitner laid out and illustrated with
his presentation, the goal is to reduce that landscape setback or the area from 30 feet to 10 feet.
Primarily right now the objective is to pave that area between the building and where those
proposed shrubs are. It's about 20 feet wide, maybe a little bit more than that, but there's not
really room for parking there. Primarily it would be to promote better access through the site.
Right now on the site there's a separated parking lot on the north side, and then there's a
separated parking lot on the south side, both for the same building, with one entrance and it's not
the most vehicular friendly or pedestrian friendly to be able to maneuver around the site and
have access to the building entrances. So that's one of the purposes is to facilitate better traffic
flow through the site. Regarding a possible drive through Marner thinks that's a likely use but the
applicant doesn’t have a tenant in mind right now. If a drive through was wanted, a special
exception would have to be applied for in order to get the drive through use. But even if it wasn't
a drive through having the parking areas connected on that north side promotes better vehicular
access through the site. Marner noted one of the other things that came up during their concept
discussions was the possibility of adding a little bit of additional green space on the north side of
the building, right next to the building, instead of having the entire building completely
surrounded by pavement and concrete. The applicant has no issues with the sidewalk access
and can plan accordingly and work with the city engineer and staff to try and accommodate a
sidewalk connection or an access easement wherever they saw best in that location.
Marner also added this request is consistent with the property immediately to the north as far as
the pavement setback of 10 feet. That same pavement setback of 10 feet is consistent with the
rest of the car dealerships and everything else on that corridor. Also because of the traffic
speeds that are posted, Sunset Street functions as a natural break in that gateway entranceway
into Iowa City and then that downward transition into a little bit slower speed limit as you begin to
enter Iowa City. Marner believes this is a natural point to start to shift from a wider entryway
corridor to starting to narrow it down in scope a little bit as one continues into the area. He feels it
fits with the character and the intent of what some of the concerns from the original Planning
Commission had back in 1993.
Hensch closed the public hearing.
Planning and Zoning Commission
May 7, 2020
Page 6 of 8
Parsons moved to approve REZ 20-01, an application submitted by Focus Development
for a rezoning from Intensive Commercial (CI-1) to CI-1 for approximately 0.53 acres of
land located at 1335 Highway 1 West. The request is to modify the conditions associated
with the property’s zoning designation in order to reduce the required landscaped front
setback area along Highway 1 from 30 feet to 10 feet, with landscaping consisting of
ornamental trees and a mix of evergreen and deciduous shrubs and no parking or paving
other than sidewalks, also subject to the five conditions listed in tonight's staff report.
Signs seconded the motion.
Signs agrees the changes are consistent with everything as you head into town from there on,
it's pretty much the same setbacks and same basic look.
Martin explained why she will not be voting in agreement with this. She feels they are in a
position, especially considering that they only have a few openings into Iowa City, to look into the
area and what the look of the area should be. She is not hearing a compelling argument as to
why they should lose 20 feet of green space for 20 feet of paving. Perhaps when there's an
applicant or specified tenant it would make more sense, but just a blanket yes she does not
agree with.
Hensch commented while he agrees with what Martin says but since the neighbor to the
northeast has the same conditions that this applicant is proposing it seems pretty odd to not
allow this but yet the one right next door has it. There fore he will be voting in favor of this
application.
A vote was taken and the motion passed 5-1-1 (Martin dissenting, Townsend abstaining).
Townsend had some tech problems and missed the applicant’s testimony and vote.
CONSIDERATION OF MEETING MINUTES: April 2, 2020:
Signs moved to approve the meeting minutes of April 2, 2020.
Baker seconded.
A vote was taken and the motion passed 7-0.
PLANNING AND ZONING INFORMATION:
Russett gave a few couple quick updates. First was the application on 315 East Prentiss Street
which was the rezoning into the Riverfront Crossings District. That application has been
submitted for design review, so staff is currently reviewing their design review application and
Russett will give the Commission an update as it moves forward. Second, the same is true for
the Kum & Go rezoning on South Gilbert, it is also going through the Riverfront Crossings form-
based code design review process at this time. They also submitted an application for a special
exception to get a waiver from the minimum two-story height requirement in that district and the
Board of Adjustment did approve that waiver with a condition that they design the building in
Planning and Zoning Commission
May 7, 2020
Page 7 of 8
such a way that it appears to be two-story, so the exterior walls will be taller, but it won't actually
be two stories.
ADJOURNMENT:
Baker moved to adjourn.
Dyer seconded.
A vote was taken and the motion passed 7-0.
PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2019-2020 1/17 (W.S.) 2/4 2/21 3/7 3/21 4/4 4/18 5/16 6/6 6/20 7/18 8/15 9/5 10/3 10/17 11/7 BAKER, LARRY X X X X X X X O/E X X X X X O/E X X DYER, CAROLYN O/E X X X X X X O/E X X X X X O/E X X FREERKS, ANN -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- HENSCH, MIKE X X X X O/E X X X X O/E X X X X X X MARTIN, PHOEBE X O/E X X X O/E X X X X O/E O/E X X X X PARSONS, MAX X X X X X X X X X X X X O/E X X X SIGNS, MARK X X X X X O/E X X X X O/E X X X X X THEOBALD, JODIE -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- TOWNSEND, BILLIE X X X O/E X X X X X X X X X X X X 12/5 1/16 2/6 4/2 5/7 BAKER, LARRY X X X X X DYER, CAROLYN X X X X X HENSCH, MIKE X X X X X MARTIN, PHOEBE O/E X O/E X X PARSONS, MAX X X X X X SIGNS, MARK X X X X X TOWNSEND, BILLIE O/E X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member
q,cu
Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5238 (REZ20-
01)
Ordinance No. 20-4825
Ordinance conditionally rezoning approximately 0.53 acres of land located at
1335 Highway 1 West from Intensive Commercial (CI -1) to (CIA). (REZ20-
01)
Whereas, the applicant, Focus Commercial Real Estate, LLC., has requested a rezoning of
property located at 1335 Highway 1 West from Intensive Commercial (CI -1) to (CI -1) for
approximately 0.53 acres to modify the conditions associated with the property's zoning designation
in order to reduce the required landscaped front setback area along Highway 1 from 30 feet to 10
feet, with landscaping consisting of ornamental trees and a mix of evergreen and deciduous shrubs
and no parking or paving other than sidewalks; and
Whereas, the Comprehensive Plan indicates that the subject area is appropriate for intensive
commercial development; and
Whereas, the Comprehensive Plan establishes goals for this area intended to preserve and
enhancing gateways into the City and promoting pedestrian -oriented development; and
Whereas, there is a public need to preserve traffic flow and reduce the number of vehicular
access points onto Highway 1 West; and
Whereas, there is a public need to preserve aesthetics on City entryways by screening items
used for outdoor storage and by implementing specific standards for landscaping along entryway
corridors; and
Whereas, there is a public need for facilitating pedestrian -oriented development by filling in
gaps in the City's sidewalk and trail network and providing crosswalks where appropriate; and
Whereas, the Planning and Zoning Commission has determined that, with reasonable
conditions regarding satisfaction of public needs through the preservation and enhancement of
City entryways and the promotion of pedestrian -oriented development, the requested zoning is
consistent with the Comprehensive Plan.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that:
Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, the property described below is hereby reclassified from its current zoning
designation of Intensive Commercial (CI -1) zone to:
LOT 1 OF D AND L SUBDIVISION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT
THEREOF RECORDED IN BOOK 35, PAGE 86 OF THE RECORDS OF THE JOHNSON
COUNTY RECORDERS OFFICE.
Section It. Zoning Map. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage,
approval and publication of this ordinance by law.
Ordinance No. 20-482
Page 2
Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign,
and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City
Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same,
at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as
provided by law.
Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section Vl. 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 7th day of July 20 20
May r
A ro ed by: �j], /
�W rel.
City Attomey's Office
(Sara Greenwood Hektoen - 05/28/2020)
Ordinance No. 20-4825
Page 3
It was moved by Mims and seconded by Salih
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
First Consideration 06/02/2020
Vote for passage: AYES: Salih, Taylor, Teague, Thomas, Weiner,
Bergus, Mims. NAYS: None. ABSENT: None.
Second Consideration 06/16/2020
Vote for passage: AYES: Bergus, Mims, Salih, Taylor, Teague,
Thomas, Weiner. NAYS: None. ABSENT: None.
Date published 07/16/2020
that the
Prepared by: Ray Heitner, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5238 (REM -01)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter
"City"), GRD Clinics, LLC. (hereinafter collectively referred to as "Owner"), and Focus Commercial
Real Estate, LLC. (hereinafter "Applicant").
Whereas, Owner is the legal title holder of approximately 0.53 acres of property located
at 1335 Highway 1 West; and
Whereas, the Applicant has requested the rezoning of said property to reduce the required
landscaped front setback area along Highway 1 from 30 feet to 10 feet, with landscaping
consisting of ornamental trees and a mix of evergreen and deciduous shrubs and no parking or
paving other than sidewalks; and
Whereas, the Comprehensive Plan indicates that the subject area is appropriate for
intensive commercial development; and
Whereas, the Comprehensive Plan establishes goals for this area intended to preserve
and enhancing gateways into the City and promoting pedestrian -oriented development; and
Whereas, this rezoning creates public needs to reduce the number of vehicular access
points onto Highway 1 West, preserving aesthetics on City entryways, and by facilitating
pedestrian -oriented development; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding limiting vehicular access to the existing internal access road to Sunset Drive,
the restriction of outdoor storage of materials within 100 feet of the Highway 1 West right-of-way,
the creation of a landscaped 10 -foot setback area, the required approval of a landscaping plan
by the City Forester, and the provision of an access easement along the property's west side, the
requested zoning is consistent with the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2020) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, the Owner and Applicant agree to develop this property in accordance with the
terms and conditions of this Conditional Zoning Agreement.
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as
follows:
1. GRD Clinics, LLC. is the legal title holder of the property legally described as:
LOT 1 OF D AND L SUBDIVISION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE THE PLAT
THEREOF RECORDED IN BOOK 35, PAGE 86 OF THE RECORDS OF THE JOHNSON
COUNTY RECORDERS OFFICE.
2. Owner and Applicant acknowledge that the City wishes to ensure conformance to the
principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code
§414.5 (2020) provides that the City of Iowa City may impose reasonable conditions on
granting a rezoning request, over and above the existing regulations, in order to satisfy
public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
Zoning Code, as well as the following conditions:
a. The development shall have only one access onto Highway 1, which shall be provided
by the existing internal access road leading to the Sunset Street/Highway 1 West
intersection, as shown on the final plat of D and L Subdivision. No additional vehicle
access points onto Highway 1 shall be permitted.
b. No outdoor storage of merchandise or material shall occur within 100 feet of the
Highway 1 right-of-way. Storage areas located beyond 100 feet of the Highway 1 right-
of-way shall be screened with a solid wall at least 6 feet in height. A planted landscape
bed, a minimum of 15 feet in width shall be located adjacent to the wall. If applicable,
Owner shall submit a concept plan illustrating a tree planting plan for landscape beds,
to be approved by the Director of Development Services prior to the issuance of a
building permit.
c. There shall be a 10 -foot setback from Highway 1, which shall be landscaped with
ornamental trees and a mixture of evergreen and deciduous shrubs. No parking or
paving other than sidewalks shall be allowed within this 10 -foot setback.
d. Prior to the issuance of a building permit, approval of a landscaping plan by the City
Forester, consisting of ornamental trees and a mixture of evergreen and deciduous
shrubs to be located within the reduced setback area.
e. Prior to approval of any site plan for the property, Owner shall dedicate of a public
access easement for installation of a sidewalk along the west side of the landscaped
area, of a size and in a location to be determined in coordination with the City Engineer.
The access easement shall be submitted in a form of agreement acceptable to the
City Attorney.
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2020), and that said conditions satisfy public needs that are caused
by the requested zoning change.
5. This Conditional Zoning Agreement shall be deemed to be a covenant running with the
land and with title to the land, and shall remain in full force and effect as a covenant with
title to the land, unless or until released of record by the City of Iowa City. The parties
further acknowledge that this agreement shall inure to the benefit of and bind all
successors, representatives, and assigns of the parties. In the event the subject property
is transferred, sold, redeveloped, or subdivided, all development will conform with the
terms of this Conditional Zoning Agreement.
6. 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.
2
7. 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.
Datedthis 7th dayof July 20 20,
CI of Iowa City F cus Comm Pciat Reai Estate, LLC.
Br(Lda Teague,ay ro By ase.. 4Lev de r
Attest: GRD C- i LC.
Kell a Fruehling, Ci Clerk By:
A r ed by:
City Attorney's Office
(Sara Greenwood Hektoen — 05/28/2020)
City of Iowa City Acknowledgement:
State of Iowa )
) ss:
Johnson County )
This instrument was acknowledged before me onyA U 20" y Bruce Teague
and Kellie Fruehling as Mayor and City Clerk, resg�gtwe � h typff we City.
57
Notary Public In an f he State of Iowa
(Stamp or Sea[)Qm!
Y62Title (and Rank)res
Focus Commercial Real Estate, LLC. Acknowledgement:
State of -rowm
County of �atnrso+n
This record was acknowledged before me on'5-uv% e, a vl - 2020 by
?'asnr. kA 0'v i'v^ (Name(s) of Individual(s) as
(type of authority, such as officer or trustee) of F cus M27
Nota Public in and for the Staff
R
JOELBARTLETT(Stamp or SealMY CAUGUST 23, 20.9
ES )
Title (and Rank)
My commission expires:
GRD Clinics, LLC. Acknowledgement:
State of Nwq
County ofZQbns*. %
This record wascknowledged before me on :Yong- 2 2020 by
(Name(s) of individual(s) as jW,&vAev,
(type of auth ity, such as officer or trustee) of QRD ClKc,&LLC. m A
and for the State of Iowa
JOEL BARTLETT
(Stamp fir Seal)
0. MY COMMISSION EXPIRES Title and Rank
�owP AUGUST 23, 20 ( )
My commission expires:--VZ-3 2
Item Number: 11.
J uly 7, 2020
O rd inan ce amen d ing Titl e 1, en titled "Ad ministration," Ch apter 4, en titled
"G en eral Penal ty," Titl e 4, en titled “Alcoh olic Beverag es,” Chap ter 5, entitl ed
“Proh ibitions and Restriction s,” and Titl e 8, en titled “Police Regulations,”
Ch apter 5, en titled “Miscellan eou s O ffen ses,” to increase th e fin es for
u n sch eduled simp l e misdemean ors, PAU L As an d h ate crimes. (F irst
Consid eration)
Prepared B y:Susan Dulek, A ss't. City A ttorney
Reviewed By:Geoff Fruin, City Manager
F iscal I mpact:None
Recommendations:Staff: Approval
Commission: N/A
Attachments:Ordinance
Executive S ummary:
T he Governor recently signed S F 457 which increases the fines f or many state code violations.
T his ordinance increases the range of fines in C ity simple misdemeanors to mirror the increase in
state misdemeanors. I t also increases the fine f or a hate crime to the maximum amount of $855
and increases the fine for possession of alcohol under the legal age to mirror the new fine amount
in state law.
Background / Analysis:
S F 457 increases fines for many criminal offenses, civil court fees, and other penalties. I t also
decreases a few amounts and modifies the allocation of the funds collected.
Cities many not impose fines in an amount greater than allowed by state law for simple
misdemeanors. S F 457 increases the range of f ines that the court may assess for an
unscheduled simple misdemeanor from a minimum of $65 and maximum of $625 to a minimum of
$105 and maximum of $855. Most City offenses have a "scheduled" or set fine. Typical
unscheduled f ines are disorderly house (i.e., loud party), car accident with more than nominal
property damage, and disorderly conduct.
W hen the City passed the hate crimes ordinance last year, the fine amount was set at the
maximum allowed by state law, which was $625. First of f ense carried with it a maximum fine of
$625 and second of f ense had a set f ine of $625. (Note-jail time is also imposed.) T his ordinance
increases the fine amount of $855, which is the maximum allowed under S F457.
S F 457 also increases the scheduled f ine under state law for possession of alcohol under the
legal age (PA UL A ) f or first of f ense f rom $200 to $260. T he ordinance increases the fine f or first
offense violation of the City's PA UL A ordinance from $200 to $260.
Although S F 457 increases the fine amount, it decreases a surcharge that is automatically
assessed from 35% to 15%. T he surcharge is calculated by multiplying the fine amount by the
surcharge.
Additionally S F 457 modif ies the distribution of the f ines and surcharge. C urrently the C ity retains
90% of the f ine with 10% going to the State. S F 457 decreases the City's share to 80%. T here is
no change to the distribution of the smaller surcharge; it remains 95% to the State and 5% to the
City.
AT TAC HM E NT S :
Description
Ordinance
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
Ordinance amending Title 1, entitled "Administration," Chapter 4, entitled
"General Penalty," Title 4, entitled "Alcoholic Beverages," Chapter 5,
entitled "Prohibitions and Restrictions," and Title 8, entitled "Police
Regulations," Chapter 5, entitled "Miscellaneous Offenses," to increase
the fines for unscheduled simple misdemeanors, PAULAs and hate
crimes.
Whereas, the Governor recently signed SF457, which increases the fines for many state
code violations effective July 15, 2020;
Whereas, SF457 increases the range of fines for unscheduled simple misdemeanors from a
minimum of $65 and maximum of $625 to a minimum of $105 and maximum of $855;
Whereas, municipalities cannot set their fines for simple misdemeanors in an amount
greater than allowed by state law;
Whereas, the range of fines for unscheduled simple misdemeanors should be the same in
the City Code as in the state code;
Whereas, SF457 increases the fine for possession of alcohol under the legal age (PAULA)
from $200 to $260, and the fine for a PAULA under the City Code should be increased
accordingly;
Whereas, in June 2019, the City adopted Ordinance No. 19-4795, codified at Section 8-5-
17, which created a hate crime in the City Code and set the fine at $625, the maximum allowed
by state law;
Whereas, the fine for committing a hate crime should be increased to the new maximum fine
amount of $855; and
Whereas, it is in the City's best interest to adopt this ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 1, entitled
"Violations; Criminal Penalty," Subsection B is amended by adding the underlined text and
deleting the strike -through text as follows:
B. Criminal Penalty: The doing of any act prohibited or declared to be unlawful, an offense or
a simple misdemeanor by this code or any ordinance or code herein adopted by reference, or
the omission or failure to perform any act or duty required by this code or any ordinance or
code herein adopted by reference, is a simple misdemeanor and is, unless another penalty is
specified, or the violation is scheduled under state law, punishable by a penalty with a fine
2. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions,"
Section 4, entitled, "Regulation of Persons Under Legal Age," Subsection A2 is amended by
adding the underlined text and deleting the strike through text as follows:
2.EuBGtiVe july 1 2065 a A person who is under legal age, other than a licensee or
permittee, who violates this section regarding the purchase of or attempt to purchase
alcoholic liquor, wine, or beer, or possessing or having control of alcoholic liquor, wine, or
beer, commits the following:
a. A simple misdemeanor, a scheduled violation under section 805.8 of the Iowa Code,
punishable by a fine prescribed in Section 805.8C(7) of the Iowa Code. of two hUFidred
dollars ($280:00) for the first offense
3. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section
17, entitled "Violation of Individual Rights — Hate Crime," Subsection B is amended by adding the
underlined text and deleting strike -through text as follows:
B. A violation of this section is punishable as follows:
1. First offense: A fine of at least three hundred dollars ($300.00) and not to exceed six
t.qpnty five dollars ($6 eight hundred fifty-five dollars ($855.00), and
imprisonment of at least three (3) days and not to exceed seven (7) days.
2. Subsequent offenses: A fine of six hURdped tmeRty five dellaFs ($625 nn` eight
hundred fifty-five dollars ($855.00) and thirty (30) days imprisonment.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of 2020.
Mayor
City Clerk
Approved by
City Attorney's Office — 07/01/2020
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
First Consideration 07/07/2020
Voteforpassage: AYES: Weiner, Bergus, Mims, Salih, Taylor,
Teague, Thomas. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
that the
Item Number: 12.
J uly 7, 2020
O rd inan ce Amen d ing Titl e 9, En titled "Motor Veh icles An d Traffic," Ch apter
4, En titled "Parking Regulations," To F acil itate Library Curbsid e Service.
(Second Consid eration)
Prepared B y:Susan Dulek, A ss't. City A ttorney
Reviewed By:Ashley Monroe, A ssistant City Manager
Elsworth Carman, L ibrary Director
Kent Ralston, Transportation Planner
F iscal I mpact:None
Recommendations:Staff: Approval
Commission: N/A
Attachments:ordinance
Executive S ummary:
I n the 6 parking spaces outside the library, parking is limited to 20 minutes f or 5 spaces and 5
minutes for 1 space when the library is open. I n order to facilitate parking for curbside service, this
ordinance limits all 6 spaces to 10 minutes during curbside service hours. S taff anticipates
recommending the ordinance be changed back to the current provision when the library is fully
reopened.
Background / Analysis:
T he 6 parking spaces on L inn St. adjacent to the library are designated f or library parking only
during the hours the library is open. Five spaces are for 20 minutes to allow patrons to go inside
the library for a short time period, and one space is limited to 5 minutes just to drop off materials at
the outside drop off boxes. W ith the library closed due to C O V I D-19, the library has started
providing curbside service from 10 A M to 7 P M Monday to S aturday. Staf f recommends that all
six spaces be limited to 10 minutes during the hours of curbside service. Under the current
ordinance, the hours the library is open are posted on the library door, and under the proposed
ordinance, the curbside hours will be posted on the library door. W hen the library is fully
reopened, staff anticipates requesting that the coded be amended back to the current provision.
AT TAC HM E NT S :
Description
Ordinance
I �-
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 20-4826
Ordinance Amending Title 9, Entitled "Motor Vehicles and Traffic,"
Chapter 4, Entitled "Parking Regulations," To Facilitate Library
Curbside Service.
Whereas, there are six parking spots in the front of the Iowa City Public Library designated
for library parking only during library hours;
Whereas, due to the safety concerns posed by COVID-19, the library is closed but is
providing curbside service; and
Whereas it is in the best interest of the City to amend the library parking provisions to
facilitate curbside service for library patrons.
Now, therefore, be it ordained by the City Council of the City of Iowa City:
Section I. Amendments.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking
Regulations," Section 15, entitled "Library Parking," is hereby amended by adding the
underlined text and deleting the strike- through text as follows:
B. Series. The "I:.hra Fy a*ie " ^ aee to the f.^.r R014 � ,.^. f, -,Ft eF designated d a
.� Y..... .^y ,.r....� ,--a�o,g,^,6�oa-Qom
outside hook dFop efA' ^eaee e f ,.Thep de^i..eatea as "lib a ..tFeR a ki "
C. Signage: Each space shall contain signage that includes said designation of "library
patrea parking" and "ImbraFy outside book drop Gff'. The "1ibFaFy patFGR pa*'Rg" signage
shall inolude and notification that the Iowa City public library hours are posted on the library
entrance door.
D. Parking: During the hours posted on the library entrance door, tkne4he4ewa-city
no person shall stop, stand or park a vehicle in a "library patron
parking" space except for the sole purpose of allowing a passenger to use curbside service
or go directly to and from the Iowa City public library, and said stop shall not exceed ten
L1fiyeety 20) At Re time shall a ese.. Stop stand a ad( a .eh'.ole i.._._f__oL.
=�rr� minutes. .. .. :.......... ....... .,•;...,.. ,.....
"library eutside book dFOP off' spaG8 eXGept feF the sole PUFpese of allowing a pa66engeF to
deposdeposit a book a other itern ' of the .lfee off boxes I at d- theItride nw;tvfall F
it .. ........ ........�...�.�. � one .,..�.., ..,.,r .,,.�..�,
the Iowa Gity publiG libFary and te FetuFR dlFeGtIy to said VehiGle, and said step shall Rot
Beed five (6) minutes. For purposes of this section, "passenger" includes the driver of the
vehicle.
E. Violations: It shall be unlawful and a violation of the provisions of this section for any
owner or driver to permit a vehicle to remain in violation of the "library patron parking" of
�ibraFy outside beef dfep efP provision. Every ten (10) minutes that a vehicle remains in
violation of said provisions after the vehicle is initially cited shall constitute a separate and
distinct offense. The fees for each such parking offense shall be as provided in the
schedule of fees set out in title 3, chapter 4 of this code.
PFOYiSiORS Of 6eetien 9 9 of thus title
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Ordinance No. 20-4826
Page 2
Section IV. Effective Date. This Ordinance shall be effective upon publication.
Passed and approved this 7 th day of July , 2020.
Ap ved by
City Attorney's Office (Sue Dulek — 6/10/2020)
Ordinance No. 20-4826
Page 3
It was moved by Mims and seconded by Weiner that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
First Consideration 06/16/2020
Voteforpassage: AYES: Thomas, Weiner, Bergus, Mims, Salih, Taylor,
Teague. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 07/16/2020
Moved by Mims, seconded by Taylor, that the rule requiring ordinances
to be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended,
the second consideration and vote be waived and the ordinance be
voted upon for final passage at this time.
AYES: Bergus, Mims, Salih, Taylor, Teague, Thomas, Weiner.
NAYS: None. ABSENT: None.