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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 WYLDEGREENRDWILLOW CREEK CTSUNSETSTEALING DRA S HLEY DR ABER AVE CARDIFFCIR EDINGALE D R WREXHAM DR WILLOW CREEK DR HIGHWAY 1 WHIGHWAY 1 WREZ20-011335 Highway 1 Westµ 0 0.065 0.130.0325 Miles Prepared By: Jade PedersonDate Prepared: Feb 2020 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. WYLDEGREENRDWILLOWCREEKCTSUNSETSTEALING DRASHLEYDR ABER AVE CARDIFFCIR EDINGALE D R WREXHAM DR WILLOW CREEK DR HIGHWAY 1 WHIGHWAY 1 WRS5 P1 CI1 RS12 CC2 RM12 REZ20-011335 Highway 1 Westµ 0 0.065 0.130.0325 Miles Prepared By: Jade PedersonDate Prepared: Feb 2020 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. D (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.