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HomeMy WebLinkAbout1992-10-13 Public hearing I I , -, '~Q; NOTICE OF PUBLIC HWINO Nolicol. horeby glv.n thai I publlc hearing win be held by Iho CIly CouncUoI lowI CIly, low.. at 7:30 p,m, on tho 151h day 01 Septembtr, 18;2, In th. CIvlc Clf1tor CouncH Chamber., 410 E, Wuhlngton Stroof, Iowl CIly, IoWI: 11 which hearing tha J:oIlncll win con.lder the following hem.: 1. An Ordinance rezoning I portion of the Advanced Drainage Syslsm (ADS) property located at 1301 Sheridan Q Avenue Irom 1.110 RS.s, 2, An OIdlnance vacallng portions of Oubuque Road, Coplos 01 tho proposed Ordinances are on file for public oxamlnallon In tho offico of tho City Clork. Civic Contor, Iowa City, Iowa, Persons wishing to mako tholr views known for Council consldorallon aro oncouraglld to appoar at tho abovo- monllonlld limo and place, MARIAN K, KARR, CITY CLERK ~J b 10;'3. \cd-1S.~ ~IS -. ~v City of Iowa City MEMORANDUM Date: October 9, 1992 To: City Council \'v~ ~ Karin Franklin, Director, Planning & commUni'y eveloP~~ ~ Chuck Schmadeke, Director, Public Works C. Jeff Davidson, Transportation Planner ' From: Re: Northeast Area Street System/ACT Project At the conclusion of the joint meeting between the City Council and the Planning and Zoning Commission, we believe general agreement was reached to endorse the concept of an east.west arterial street connected to an extension of Scott Boulevard from Rochester Avenue, The key to closure on this Issue appears to be the alignment of the east.west arterial west of the ACT property. Presented below and shown on the attached map are five options which have been suggested throughout this discussion, Our Intention Is to discuss these options with you further during the work session on October 12, A, The alignment, originally presented with ACT's plans, that traversed Gatens' and Larson's property and required removal of the Larson residence, B, An alignment which bisects the Gatens' property, avoids both the Larson and Gatens residences, and dislocates a portion of ACT's parking, C, At the Joint meeting, the Commission and Council suggested using the existing Old Dubuque Road right-of-way, culling the northeast corner of Gatens' property and swinging south through the Tyler building parking lot, In the ORP zone, 150 feet Is required between a building and the rlght.of-way line, This setback cannot be met with the alignment proposed, The alignment shown maintains the setback for the Tyler building and the Larson home and results In a curve with Insufficient radius to function safely, D, This option was presented to the staff by Dr, Clancy and Mike Gatens, It results In a sharp curve or T-Intersectlon and Impacts the Eble property as well as the ACT main campus, E, The final alignment runs south of the Larson residence and south of the Gatens' property and requires acquisition of right-of-way from the Iowa City Press Citizen (Gannett Corporation), In evaluating these options, the staft has looked at the Impact on residences, the topography, environmental considerations, safety of the horizontal curves, and relative cost. We cannot endorse either option C or D since neither alignment results In a safe, functional arterial street, As a consequence, neither of these alignments will quality for state or federal funding, We recommend either option B with acquisition of the entire Gatens' tract, or option E. The trade.offs that the Council will need to evaluate Include the acqulsllion of residential property and any Impacts that may occur on the environment. With all of the Issues considered, the primary goal we are working toward Is to enable expansion of ACT and ensure an adequate arterial street network In this part of Iowa City, nalec.ael,1lI c:2 ~/S .....___. ... .__", ."_ ..._....__ _.___.__..w.___.'....._______......._ -, ~~ 'I I , - G R 0 U P DATE: October 13, 1992 TO: Iowa City City Council Members Martin J, I{elly, Prcsldent FROM: RE: American College Testlng On behalf of the Iowa City Area Development Group and Its Board of Directors we belleve strongly In ACT and feel that this employer Is very beneficial to the continued well being of the entire community. ACT's plans call for an Increase of 100 employees for 1993 with contlnued employment growth of 450 more poslUons by 1995. 100 new employees to this area will not only affect ACT, but adds to the economic growth In the retail sector, housIng, transportatlon, finance, and the service Industries, In essence, It will aid all of us, Growth reaches all facets of the community and adds to this areas economic' stability. This Issue helped bring about the much needed discussion of an arterial roadway that this community needs and we encourage development of an arterial roadway as It will facilitate contInued development of the community, In closing, ICAD supports ACT's expansion plans and encourages the City Council to support ACT In tllelr expansion, IOWA CITY AREA DEVELOPMENT GROUP, INC. 325 E, Washington, Suite 100, P,O, Box 2567, Iowa City, IA 52244 (319) 354-3939 Fax (319) 338-9958 ,,<,~ 15 I I . , -., What 100 New Professional Jobs Mean to a Community Po ulatlon Increase Increase In Retail Sales 525 $4,3 million 20 74 $6,6 million New retail establishments Additional obs to communll Total Increase In Income to State of Iowa' 'figures Include wages. profits. Income. etc, Source: Dan 0110, Department of EconomIcs, Iowa State University, Figures derived from 100 jobs at an Income 01 $22,600/job through the Business Serlvce Sector 01 a 37 sector Input.output model for the State 01 Iowa economy. ~::us -. ~~ ~c H cE ~8 E e o~ 01::0 "- Olo ~U N:lJj ...- " Gl .." ~a: c Ii: 'c ~~ Ole C~ e:l .t:c Oe c~ GlO [; oGl -" c." Eel w W:;;5:J'1~'i}h'L-;!.. . 6o:gt!l.t'~jfl~r ~i~T~~;~'it:~)1.; ~"",,,,.,,,,, ;';':~_;'.\11~:':'':I'' I'Vt-:"~'r-..':l:'~'.I~ ;''-'''\11::-''10'%':: -,"ll",n '." ;':I,,~';Q;:i, , O~. ;l!'J): :'T" /.'.0 ~7'.);~; ~,~:10~_Oj'~: ~~~.'E :~t~j- .. C'::I.,' .-.... : I- 0,:1 ".::1 C" .... ", '0-' ;:"C'::I :, ~I....~-C.j~: "'::1 C'/,,; m :-; :~~ r,""E"' '.d....' l.~: ~'C. ;/' 't\ "...."', ',:,t.~p.,~!. ~,~:;O~fL:l. ;,'\s; z;;:-" '';Q)>~,..,~.t;' " ~" "'.. " 'I' "z' ~" ,:' ',Q)'. . ".....Z~l .ro i,t'. "'0 M."..~" ;;' -'.: ~~l,""-Il~ ." "0"'01" ,,'W:<:'I;"(( I 't.' """1'..:"1. -. :,l'r:~{fg . <,))1: it. j1!.~}L.. . . 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P.D.Box 2480, 10\\3 City, IA52244. ]191337.]181 October 13, 1992 Mayor Darrel Courtney City of Iowa City 410 East Washington Street Iowa City, Iowa 52240-1826 Mr, Mayor: The Iowa City Press-Citizen is adamantly opposed to the City of Iowa City's proposed routing of an east-west arterial road through the northwest portion of our property on North Dodge Street, We have two major concerns. First, we have not had ample opportunity to review the staff's proposal and to assess its impact on our business and on our long-range plane for the undeveloped land that eurrounds the Press-Citizen building. We do know the proposed road, which is being called Option E by city staff, would cut through a very valuable piece of undeveloped property. This portion, which is situated at the eoutheast corner of North Dodge Street and Old Dubuque Road, has attracted much interest in the past year from developere and inveetore, Our eecond concern ie that we have had no input in the diecueeions that have resulted in the five optione for the east-west arterial road. As a matter of fact, we received the propoeal late Friday afternoon, October 9. Mr. Mayor, the Iowa City Press-Citizen recognizes the need for an east-west arterial road. And, we are willing to work with city etaff and our neighbors on North Dodge Street and Old Dubuque Road to reeolve the traffic concerns in our area of the city, '" ,~~\ ,.. JI .f' GAMJm 'WOIIIlOf~III11N1\t)1(I\ 'o\'I!lIIIlIl(l()MII1AI\ ~/5' ~, , However, if Option E is singled out as the favored route for the east-west arterial road before discussing the plan in full detail with us, the Press-Citizen will vigorously oppose it, We welcome your thoughts, 51'''''1''&_ ?f Dionicio (Don) Flores un_..._._.'._O._.___ -. .-- ___w_.... , cX~/5 .- ..._; ,-. ~Q G ., I " . , NOTICE OF PUBLIC HEARING Nolicel8herGbyglvenlhatapublichearingwillbeheldby ~J fa 10//3 Ihe City Council of Iowa City, Iowa. a17:30 p,m, on the 15th day of Seplember, 1992, In the Civic Cenler Council Chambers, 410 E, Washington Slreet, Iowa City, Iowa; at which hearing lhe f.9Yncll will consider Ihe following ~ems: cy An Ordinance rezoning a portion of the Advanced DralnageSyslem (ADS) property located al1301 Sheridan Avenue from 1.110 RS-a, 2. An Ordinance vacallng portions of Oubuque Road, Copies of the proposed Ordinanc9S are on lIIe for public examlnalion In Ihe office of the City Clerk, Civic Cenler, Iowa City, Iowa, Persons wishing 10 make their views known lor Council conslderallon are encouraged to appear atlhe above- msnlloned time and place, MARIAN K, KARR, CITY CLERK \ccQ.15."4lh :2.:2(; -. ~ 751 Grant Street Iowa City, IA 52240 October 10, 1992 Naomi Novick 306 Mullin Avenue Iowa City, IA 52246 Dear Ms, Novick: My name is Jane Walker, My family and I live at 751 Grant Street, at the corner of Grant and Sheridan, directly across the street from the ADS property, We bought our house in 1975 because we wanted to start a family, We moved from Forest View Trailer Court, which borders Interstate 80, and we wanted a safer, quieter neighborhood in which to raise our children, We chose this particular house for its location in an older neighborhood, for the house's individual charm, and for its affordable price of $19,500. I hope council members can appreciate what it meant to a young couple starting out to be able to afford to buy their own home in a neighborhood such as Longfellow, with mature trees, established gardens, a fine school 2~ blocks away, and neighbors of all ages and backgrounds who provide such a stimulating mix of experience and outlook, This house we chose is also directly across Sheridan Street to the north of the ADS factory, but we are on the "lucky" side of that property, away from the driveway and loading dock, and we have had the benefit of the tall fencing and the row of crab-apple trees along the ADS property's Sheridan Street side which have screened our view of the building and grounds. And the noise and dust at the worst was a far sight better than that generated on Interstate 80, Through the years, like many of our neighbors, we have made improvements to our house as we could afford them: first a fence to protect the kids from traffic, then a large screened-in front porch overlooking 17 years' worth of work in the gardens, We have two growing children and a dog and a cat now, and we have gradually come to need more space than the one story we have. Last year the opportunity came for a major change when we paid off our mortgage and finally owned our home outright. We could now afford either to move to a bigger house or to build on to our existing structure, The decision was fairly easy to make, since we all wanted to stay in the neighborhood: we decided to add part of a second story to our home. Our decision was made, the building loan was taken out and closing costs paid, our plans were drawn up and loan payments were started -- all before we learned of the possible sale of the ADS property, When we heard of the pending sale and details were so scarce, we were alarmed and wondered if we had made the right choice. But even if we had wanted to move, how could we have tried to sell our house in good conscience, not knowing what might happen across the street? And even if a buyer were found who would accept that uncertainty, how could we expect to receive a fair price? Already the assessed value of our home is low because of its location next to the factory, Then we learned of the rezoning proposal, and our outlook brightened, So we made the leap of faith, stuck with our plan, and started construction, We are committed to staying in this home in this neighborhood for good, We are proud of our neighbors and what they are trying to accomplish in these 04;.11 '-. meetings. We have grown to appreciate the people around us even more than we did before the rezoning proposal came up, We are grateful to the neighborhood association for their hard work, and to you for yours. We are placing our trust in you, the City Council, to see how right this rezoning plan is, not just for me and my family and our neighbors, but also for Iowa City as a whole, I believe we all deserve to have quality of life for a whole neighborhood take precedence over the wishes of an industry out of place. Industrial use of that land is no longer appropriate, The whole neighborhood can't pick up and leave, but one industry, which has abandoned manufacturing at their site, can. I appreciate ADS's offer of a compromise, but the legal issues sound extremely complex. I prefer to see the whole parcel rezoned rather than trust in a very complex process of split zoning, which doesn't seem to give adequate aSSurance that the land will not be used for industry after ADS is gone. In closing I ask you to please remember when you cast your vote that my family's quality of life and that of my neighbors will be directly affected by your choice, Every day from our new second story windows we will be looking at whatever you decide will be there, What would you choose if you lived in our house? If it were your neighborhood, what would seem the most reasonable use of this land? Would it be for more houses like your own, affordable to new neighbors wanting to put down roots? Or would it be for a manufacturing site, where raw materials and products were trucked back and forth along the streets where your children ride their bicycles? Would it be for green space and flowers or for concrete storage bunkers? Would it be for backyard playground equipment or for piles of flammable plastics? We all have so many stresses in our lives, Our homes should be peaceful places. Please do what you can to improve quality of life now that you have that chance by voting to rezone this property to RS-8. Sincerely, J~ {Ui;,-ieJL '- Jane Walker ai' -. YJ' 826 Rooseve ItS tree t Iowa City, IA 52230 October II, 1992 Dear Mr Courtney, In tile year and a half existence of the Longfellow NelgllborhOod ASSOciation, I have ol1served the reSidents pour hundreds of hours of volunteer time Into a variety of neighborhoOd projects, InclUding garden walks, numerous pot lUCks, a babYSitting coop, the newsletter, a dance, a day camp, Sledding parties, a survey, and a benefit for a local charity, Tile motivation for this type of Involvement comes from the residents' desire to create thelrown neighborhood, rather than Just exist in one, The neighborhood's Interest and Involvement In the ADS property Is another example of the neighborhood's Vitality! and vision. For years people have been talking about what could be done with tills property when ADS moves out, and finally It appears ADS Is leaving. The City council now has an opportunity to Change the zoning of this land from Industrial to residential. I urge you to vote In favor of tile RS8 zoning, I appreciate the SUPPOI't you I1ave given neighborhOOds In the past, and /)Ope that you continue an Interest In such an Integral part of Iowa City's future Sincerely, :b,~{t'-(I....j:,V'o.' _, Sally Hartman 07.:t( I I I , . 'I , ' -. DAVID P. POULA ArrollNEV AT LAw 4570 RAPID CREEK ROAD NE IOWA CIlY,IOWA 52240-7727 PHONE (319) 354-4540 October 8, 1992 Mayor Courtney City of Iowa City Council Civic Center Hand Delivered re: Rezoning application of neighborhood association ADS property 1300 Sheridan Ave Dear Mayor Courtney and members of the Council: I am aware of the letter Robert Downer Esq. has written the Council this date on behalf of the owners of the property. On behalf of the Buyer James O'Brien we concur with his proposed schedule of the proceedings. This letter is written at the request of Karen Franklin. Mr. O'Brien agrees in the event of closing and he becomes the owner of the property on or before October 31, 1992 that he will commit no act to attempt to establish any manufacturing use on said property between the date of closing and the date the Council takes final action on the RS-8 proposal. ,", The Council is aware the main building and part of the tract is to be leased to Seller ADS on closing. If you need anything further to properly schedule this matter in a manner agreeable to the Seller, the Buyer and the Council please advise. Yours very truly, f\ ~~rf~- David P. Poula DPP/sg cc: R. Downer Esq. J. O'Brien City Atty Gentry Karen Franklin .". 01') Ii') \!'.' C.I " 1,1 J\ ,_, ~ . 11\ \')_~:: "i:l .,1, 11 ~ '~'- ,. '.-' ZJ :GI \~V 6-lJO 26 ,...;, I, .,'. "j t-'i . , ".1 t ~ r....J 1 ~(7 ........' , -. \\Cb " I , , RECEIVED OCT - 0 1992 WILLIAM L. MEAROON WILLIAM F. SUEPPEL ROBERT N. DOWNER JAMES P. HAYES JAMES O. McCARRAGHER MARK T, HAMER THOMAS D. HOBART MARGARETT. LAINSON DOUGLAS D. RUPPERT PAUL J. McANDREW. JR. TIMOTHY J. KRUMM WILLIAM J. SUEPPEL CHARLES A. MEARDON MEARDON, SUEPPEL, DOWNER & HAYES LAWYERS 122 SOUTH LINN STREET FAX: (319) 33B.7Z50 TELEPHONE: (319) 33&9222 IOWA CITY. IOWA 52240 October 8, 1992 THE HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL CITY OF IOWA CITY CIVIC CENTER 410 EAST WASHINGTON IOWA CITY IA 52240 Re: Advanced Drainage systems, Inc. 1301 Sheridan Avenue Iowa city, IA Dear Mayor Courtney, Ladies and Gentlemen: As you know, the undersigned has represented Advanced Drainage Systems , Inc. ("ADS") in connection with its resistance to efforts to rezone its property at 1301 Sheridan Avenue in Iowa city from the I1 Zone to an RS8 zoning classification. As has been discussed in various meetings of the city Council and the Planning & Zoning commission, ADS has entered into a purchase agreement with James O'Brien providing for Mr. O'Brien's purchase of the property with a leaseback of a portion of the property to ADS. ADS' present uses of the property consist primarily of warehousing and distribution, and administrative and sales offices. Manufacturing has not taken place on the property since 1989. Although the purchase agreement with Mr. O'Brien originally was subject to various contingencies, those contingen- cies have either been satisfied or waived by Mr. O'Brien, and it is now the position of ADS (in which position we believe Mr. O'Brien concurs) that the purchase agreement is now binding upon both parties. The closing of the transaction was originally scheduled for October 1, 1992, but has been extended to October 31 because of the increased difficulty in meeting the contingencies. ADS has engaged in manufacturing operations on the property from 1969 to 1989, when those operations were suspended due to depressed economic conditions in the agricultural drainage market in the midwest. The operations of ADS in Iowa shrunk from four plants to one during the 1980s, but the market has started to recover and ADS is hopeful that it will recover to the point where a second Iowa manufacturing facility will be required. IF ADS is ';<'~II .. , .1 I , -. Honorable Mayor & Members of the City Council October 8, 1992 Page 2 going to continue to own the property at 1301 Sheridan Avenue it wants to preserve the ability to manufacture at that site. However, it has no intention to resume manufacturing at 1301 Sheridan if ADS' occupancy is as a tenant only. Although ADS has every reason to believe that the sale to Mr. O'Brien will be closed as scheduled, it does not wish to abandon its resistance to the rezoning until the sale has been closed. Because the closing is imminent, ADS would propose the following schedule for consideration of the rezoning request: Conclude public hearing First Consideration Combined second and third considerations October 13 October 27 November 10 If the sale is closed prior to November 10, ADS will withdraw its objections prior to the November 10 Council meeting so that an extraordinary majority would not be required for adoption of the rezoning request. This may not be necessary if ADS doesn't own the property at that time, but would be done to remove any doubt. If, on the other hand, the sale is not completed as scheduled, ADS would intend to continue with its vigorous objec- tions to the rezoning request. Thank you for your consideration. I will be present at the meeting on October 13 to answer any questions which you may have. RND/bj f :J.iiJ.17 ,..__,....,..._..,....r..1 --~- -. ~~' NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 13th day of October, 1992, in the Civic Center Council Chambers, Iowa City, Iowa; at which hearing the Council will ~sider the following items: ~ An Ordinance vacating the north.south alley located adjacent to the east side of property located at 410 Reno Street. 2, An Ordinance amending Chapter 36 of the Code of Ordinances of Iowa City, Iowa, entitled "Zoning" by adopting regulations permitting non.requirad off-street parking on a separate lot within commerciai and indus- trial zones, Copies of the proposed Ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above. mentioned time and place, MARIAN K, KARR, CITY CLERK \eclo.13.nph :.~--III": , I , J~J8 ~~, ORDINANCE NO, AN ORDINANCE VACATING PORTIONS OF THE AllEY LOCATED ADJACENT TO THE EAST SIDE OF 410 RENO STREET, WHEREAS, vacation of the portion of the alley descrtbed below will diminish access to only one property; and WHEREAS, that property has direct access from Reno Street; and WHEREAS, no public or private utllhles are 10000ad In said alley; and WHEREAS, the Council finds that h Is In the public Interest to vacate the portion of the alley described below, NOW, THEREFORE, 8E IT ORDAINED BY THE CIlY COUNCIL OF THE CIlY OF IOWA CIlY, IOWA, THAT: SECTION I. VACATION. The City of Iowa City hereby vacates those portions of the alley located adjacent to the east side of 410 Reno Street, legally described as follows: The easterly 16 feet of the southerly 50 feet of Lot 7 and the easterly 16 feet of the northerly 25 feet of Lot 6, all In Irish's Extension to Woods Addhlon to Iowa City, Iowa, according to the recorded plat thereof. SECTION II, REPEALER. All ordinances and parts of ordinances In conflict whh the provisions of this Ordinance are hereby repealed, SECTION III, SEVERABIUTY, If any section, provision or part of the Ordinance shall be adjudged 10 be Invalid or unconsthutlonal, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged Invalid or unconstllutlonal, SECTION IV, EFFECTIVE DATE. This Ordinance shall be In effect after lIa final passage, approval and publication, as provided by law, Passed and approved this MAYOR ATIEST: CIlY CLERK Approved by ppdadmlnlranoally,ord 201 /0/0/9.;2.,. ~ . ~'i '.. ~~, , " , , STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: VAC 92-0003. VacatiDn of alley east of 410 Reno Street Date: September 3, 1992 GENERAL INFORMATION: Applicant: James P. Jensen 410 Reno Street Iowa City, IA 52245 337-3223 Requested actiDn: VacatiDn of alley, PurpDse: To provide additional yard area. Location: Adjacent to east side of 410 Reno Street (Lots 6 and 7, Irish Extension of Woods Addition tD Iowa City). Size: 1200 square feet (16' x 75'). Surrounding land use and zoning: North - Residential; RS-5. SDuth - Residential; RS-5. East - Residential; RS-5. West - Residential; RS-5. Comprehensive Plan: Residential. File date: August 12, 1992. SPECIAL INFORMATION: Public utilities: Municipal water and sanitary sewer lines are IDcated in the right-Df-way Df Reno and Davenport streets. Access: Access tD this alley is via Davenport Street. BACKGROUND: The applicant, James Jensen, has requested that the City vacate the nDrth/south alley IDcated east of 410 RenD Street. The attached Exhibit A and Exhibit B provide a full description Df the area reqllested for vacatiDn. The applicant has indicated his intention to purchase this property from the City and add it to his rear yard, ~g -. 2 ANALYSIS: The portion of this alley which has been requested for vacation has not been utilized for vehicular traffic for several years. Portions of the alley which were located north of this area, adjacent to LDts 8 and 9 (shown on Exhibit 81. were vacated by the City in 1973. The pDrtiDn of the alley south of the request provides access to the adjacent lots to the west and the east. This portiDn Df the alley is paved in concrete and will not be affected by this request. The portion which is requested for vacatiDn currently has the potential Df providing access only to property owned by the applicant (portiDns of Lots 6 and 7, and the residential property immediately to the north). Therefore, only the property to the north will have diminished access if the requested alley vacation is approved, There currently are no municipal utilities located within the portion of the alley requested for vacation. This request has been referred to all private utility companies. There are no private utilities apparent within the alley, Given that access to only one residential prDperty will be diminished if this alley vacation is approved, and that the property has alternative means of access via Reno Street, there does not appear to be a cDmpelling public need for continued City ownership of this portiDn of the alley, Vacation of this portion Df the alley will allow the applicant to provide for its maintenance and will add the property to the City tax rolls. STAFF RECOMMENDATION: The staff recommends that a portiDn of the alley located adjacent to the east side Df the property known as 410 Reno Street (fully described in Exhibit A) be vacated. ATTACHMENTS: 1. Exhibit A - Legal Description, 2. Exhibit 8 - LocatiDn/Site Map. Approved by: ~~ Monica Moen, SeniDr Planner Department or Planning and CDmmunity Development \v.cOOOJ,rm ~/g Location Map t-\...-.-l I ";'~~. I I &- 'I,. Ul~ Ut:Z 'CEMETERY "-.. W[[[I] "'------.,/ 8~OTIJJ :!.. I HICKORY HILL PARK g[DJ(IIIIE 1 ~~'--J:: (.f o rnm ctUlCH I ]I l1l1-},W r= / r / IIU~= . /~ l3It9 [[8 ortmIJJ]m!tli' ~ ~. \ - .~ BID hIIIIB ~IDW; l ~I\ If?'!' ~ "1 ~ [ill EIJllffiJlfiD 0IIJl p:[]] I 'yI r =" Ell]E lI1IIl ~ lJIII] EID 11 ~ v~ ~ ~ ~HlIItkEII1IltBIlJ]_ToTImitE8!lli D BTIm OIJ; rnaJ,rnTTTTTTTT1TTTI m :IIIR >,.-.- ~/IIf.' ( e!ITEI D MARKET - ~~ -/.!::: .::::= . rnrn II 1l~c:11 M7 1- la< ~ \=::. i JEFFERSON ST. ........ - -lff ~I= ~ ~ L mm:n H 1- i l ..... '--I...- t= 1/ L - ~I- = : l:l.WLJ ;= 1_ ~ ::--... ~- ~- - -l- WillJ] ~ UII' h~f-- I'--tll ill; ,~-~ tt:1' mllmF t' .\1t' . j ~ . ~~g:n;r tTIIJ]FI -r m-:~ ' L 0-' \:J~ron:r F-f1E1 PTFl si:~ ~~\ ~ IJ~ ~ ~'<@k BJJiJ LllI ..J" I ffi11l1l\:~ IT · ~ ~ ~~- Tm~ ~~ ~rr~t E = 0JIPIITill ~ 1-1 I ElE - II gq[[[]I1ITlI0~~~Q[lPW / ~Q/~ 'I I , , -. EXHIBIT A The easterly 16 feet of the southerly 50 feet of Lot 7 and the easterly 16 feet of the northerly 25 feet Df Lot 6, all in Irish's ExtenslDn tD Woods Addition to Iowa City, Iowa, according to the recorded plat thereof. 01.;;'/ B . ".. Exhibit B . 1/00 :L ' '. " STREET ". " ~ 10 9 8 7 J ., J " " 11 2 3 4 ) ~~ STREET /200 /300 ILIOO @ ..1. .. 8 __;:~~_______ { , ,0 , .,' 10 '1,,(. ~c. Vacated . ;, 9 ~ 8 , ' STREET 6', " " I- ': lJJ ltJ' 5: lt' \ 1-' , , V)'i ~,t:. " Vacation ':'lL_ ~ ,,~) , , 23 I' " I , 6 q l \ "/ , 0' <:: LlJ, ; lt, 4 51 "i I ~; :''J.: 4 J ;, . iTER " AVENUE , \ ;',f~!~'l1 J,eoj'-' ;';'J'f.t'~i .;~f ~:i~~ i ~:~:;~~; l.~..:.'~;,': l,~' f.'tit: .~~t%t' '-~;~~~ ,~,::{:;/. ,,:..,tJ~I'" ......~::';.~ .j~ ":",,"'') ...':'.....J., r'" :2{:'~~ ~i;fi " "... ;~:;t. " "''', :;9',\' "1,,; ,ii2"; "'r" ,~~4~~'~ '6 ~~, 7 '''' :~~llf l.~; iO;.j: "If"', / ,';} ',.' i,1't..~ ~;i.i~~ .. "\" lj:',jl .., '-. .. '\ ;Y. '. .;f,'/'l !~.:!h l:; ~'J., ~ '.~)~: I" " ',;i),'J ~,,: ,'t; "'.1'" '~"H' :.\\ -~ ;, Ii ..~ ''''''0 " " '~i,(';ii '-"t~.. r. I" ~l ~:t,,: :i:~ . ':'~.~ ' rl~l ' :~' T:~: " ;,',~:X ,:ot?;':>!:' !f#-, .'~ -).. '~ t. . 1-;:11;.: ,.'r." '1~'1 '...~.. ~ ';'.,( :,',<:- .":)1; : '.11 .~, ,', 1 " , "f""'~'r ''',',.14 '" , . ,.,~ ~,' 'H~' 'f'~:"'" ,~,:... ,J'.", I i~,', "":0- '.' .' "' ~ :~;,:x " ~ ,::'1,: , ) .. ., \':~~ :', '1"'- . "{ . :'! .. .. :(<,,- I . ':'\"'1 -:~'l.; ~ .,.t/., , \ , ~'. ", ' ' , 19;i' " " f 2 ~ 2/ :!; 20' 18',: , /7 ~ 16 ~'15 ,'/4, 13 ~:'- " l,."'.... j~A Ii) 'Jfl.' bEl " . , " " '~ -' ',. .' : 1 .",(., ~.'. l;' .~' . ,',: \'. , ~ '~l: / , .// ,', ,i '1: I ,I,' '^ .', ,1~ ,: ':'" :'- " .. "" y.. JI;IOTZ ~:!"""'\r!~AVENUE : .:\ ~ " "','; '~',", . " .~ I)." ..' .l~.<.\ fy" ., .' ~", : : ':,i,~~1 ~'l " ," ," I',', ", f' ,'~'.,' ;'., .., . .., ,. 'll',>\, '.r...,. fO., 1 ~,,\, '."'1"'(' :,'", '.-. ,,""', .. .. .. j:' 3" 1 " . ", '!Jf:, I. ' .'~_:J; " ~:'l H~, " 'I'l'" , " .. .' 'l\:"., ~:. '1A': ;.: ----- .. I, :/,~: . ~I' i'~., '.' , '~':',:(": .. ': " 'I' . , 3/ " ~ l' ;23, :24 25:' 26: :27; :28 " 29 30 .. 32 'l'" \, " .,;, ' " t';:l' 1".',.\ , I ~ ': l , ,1" ~: " '. .""1'1'/..... ~~~ ~l' '., 'I.' . ,~Il:t ", " " " ;:,~{', ~;'" ,. , : ~ ~ \ " , ", " , " .. ... ,'~ ~ , . ~:...I.!..:J':.it~. ,LI.",",:f41 ".. I ...,:;...1.." _I. .1.. -I " 1"'; I, \ \ TT :Jd./ f -. tI"- I October 9, 1992 < J J - Dear City Council Members: In regards to my wife and I requesting the vacation of the alley parcel at the rear of our yard at 410 Reno Street, we felt we were just following protocol on this with the parcels to the north and south of us (see attached map). No easements were given in those vacations.' We aren't asking to set any precedents here. We, feel we aren't denying anyone anything. We thought we were just following the natural evolution that everyone else had done to add to their yard. ) " . We feel the pictures we've presented to Mr. Miklo illustrate the ease of access around and across the Klaus's yard to any area of their yard. We are not asking to be treated any differently than anyone else. My wife and I are asking f~r the same treatment given to the other people who've had alley parcels vacated, We hope you do agree with us. I. '. , . ) ~ Respectfully, ~J'~OO 'c:.r I:. ~I ).;ou.,j:,j-';'-"'(;j "'1 ,.';J.," ,-,!',....,-I '=--.......... ~~ ....... t . j/. ,l.. ,. . " ,,. ~/g '. -. Exhibit B ' 1100 /200 1300 ItiQO @ ~ -:..I-tl_ ---, I STREET ..'I,,' '0" ':'.::, . J , 'I ' 3 ) ~, I 2 , ,,,I .. ~ Previously Vacated ~"t;'1 ~ CEDJ.\r~' STREET 8f, , : 'J:"/~"'''''.l' II ;;'il~:JJI~'~' :;] "', l "4"'" I " I I' --- ':,' ~l ,~ .."1 I .:, "1 . It-I' ~/11,~r: " f Proposed Vacation h '.fgp" 3 ~ 6 ,\' I- . oJ I 0 I ( 1!1:, .' r:::' Y' v ';-0 C/)',:~(j8'D.,' .. '^' .s.' .\oil..{,: 'C"., r. I "'.' ': '>>,";. :,': .." .. ":'. ":" .. : '. ,.'~~~ J :. I:. '.'-:.'~ 10. ....::.":' ....... ~7~'. .. Jl . :: ,.~ . c.~.., ~.: j "',',., I r.,., 4 ' :,~.~. l'~' "~',:':~'. ~ Of r ~-5' :ij"'!',i:'1;2 i"/~ t v# 3 (, 'i'.... ,i~[l.I~Ai(( ;'" 1 , ,OO/Y-S-4 .~ ~,<..,.:~'."~,,,~,~~'" /" f ", ..,.1,,',1,.1.' .l,~ 2 ,~....:~.:: 1,"..'.'Ii'..;S1l........!. ~ . I.. ,", ,. I. .. -DD ~~Gitiy'8;:.~:io~ , '~ii:HD~' ::A",l"I,;;<~ or,.r.:'.... t;;:j ,~.. " 'll'.:'~~~; .!...., . :....,: .~~ . '"" I' I ....t;.~ . " ;..", """STRC"ET 'li.;I~":1:;,: ',.;,,',:;'.,'.,::. < ./ '\;. ~. c. ,;~{ . ... ~- ,Jj.FI;~ii'" ~7;...~~ ':;~ ,:,~.;"'~;l; ~ .........--...........~r........,:,...:..:...,_':'...-:".~ ' f~."<Io"l ~ .Z' IJ:.o:' ~......' . ~. '/ .;. ;".~-: '....', j .....0:.;&1:. .I'~' .," A n rl .~.' ~., .,.lr I':.'."'f' ."." ,I I,~ ~ '. I~"" :~",~ ."-/"":\:91 iV'i~'" ~";.I VI,~ . ,.f.. ~ ."",.~~ "loI."I :t.\l~";':' ,.J'~l: '":IA'~~' ;:t';~: "I~I,', .:. , .....~'k:f .. . VI' . . ",,'f",' .<:1:', "I"'f;~ '!J'," ~))~ ,~r,..~', '{i,;, '~:II'r~' '~IiY,~f.'''' :'2.".2 '~ j- 2"4" , Ii: ;N' ~~J~" ':;iZi' f~;!J ,,',;'l1't ,~ ~ ~ r;"'2,i '3 'F~ . " ltJ' , \" ~ ':,t~. "', ..tri. ..., ":'.~: ::;;....~' ( ,..:tf.~ ,1-(11,,' ''-.J.' ~~~r!-' '1;:'~l!.:.1', "..: .' :'-" I . ;~ I :"#.".:\ 'T:':~ ~~..". '\f'tl ,.""N'i\.. ""l'l;~'., '.~' ':~';:" .J,,':fi..t. t:.'I'~'''';t;' ........ . 1.-3 ..:., '1.~~~7 'UJ. .f.l)':~~~.l "'}1~tl..~ i'J.~.;,..~ ',~""~'.' ~W::.. "", '~'f! r''';:;~ . ~i.~~~:..:",:: ~ ' ';. , ,.... .... '" ""-4 ~,~ ......... ' '1-<' Ii:~ ....,,'. '. "~'"'''.)''''' I .~"*~"' ~ , .r! . .; /0 !: W' I \ ,019 I i ,.,,- ~!. 7 '6 ~ . " 9 8 I I :.... I ; ) i / 12 , 1.1. 3 . ~ \- Li.J W 4 5: 0:' '\-, . '^ ':i " "J ., .. J .' J STREET ~ i J . . , ~ , ' . .' 0' Z :W'I 4 5~0: ; , ,. ". I".~ ~. ~ iTER AVENUE " \ 4 ~\, ;,}J.~, ", "'!:,,(,,'.. ;. .....f. '2"'" ,,:i.ft ,'., ..'tI; "..~'\ ':&"1\\" ":,,...' .,~..:::t )""7.\ I r"~~':'~l , ,).,s.'~' ", ,,,,.l- v', ~ " '.: " \ .l""" tv .11 ." ". ;ll~'~ 2":; ~, ': ,- r ,", ,.. fl."~ ',/ tHOTZ '/r,o'I 'J'.1f. ~.~ 'i':~'. ~:~ ~ ,23 '24 ':" ,{ ';;.. '..; ',,- .; :1w;': .....~. , . r.'" . :''.( .": -::~:~: 4: ~.*:::: ,.:: :"~:'. ....:~, :':: . ':;:'.r 6 ,.' 7", '8 '" 9, /0, 1/... I:~? ~ ')~~:.:. ~ ::i'.'.'~,'" '(. ,.:..':: -<: ~e", ':' ,'i" ... :0..".. . \ . ,4 ,.1 'f ~. ?I:' .'......: '. '\'.' '. . .: .~'~I;.~ ..I': /2 ' , , "''',' " , ''':I,t~..~ .;"80.\, _:r.':,',' "1";1" ~J .:!_' . 'l,eil"~ .... ..... .... ...... (,;;....:. ...." :l~ (,::,';0 '2"':r. :;3', :4'" '5"""'- .;:...~!. ...~: ~.,..~ ,\: ,~l . $ ~.~t~ ...~:~~,~ ~~,;'.~: '.~' t ':'{; '! .t,.~.,!t. . "::~,:.: ..~~J ,1 .....~ r,."; .- .. ~.,. .. ,,,. ,./' .:,J)' . /.... .' .', '" , . 1 ""Y""""'AVENUE ",' ,,'.. ,,'. ~, :.~:"'~' ~~J.~i~~:. :,,!~.::: ~';~' ~" ,!:,.'",~ ~",; 'J: to 01'. \ ' ~\"l. .,.. , ," ',. ". '''io' I ' "",;. :; 'f ~ ':~: '" !::;,~ r. :'::l:" ,', v": ' ,.r... :/". , ,~... I " '\ '., 25,' 26: ;27.; :28 :', 29 V,.~,l ,r.~r,';~.." ;,.. '1'::l:: ~'" .~H ~ ~ ,I ." , . " "~i 10 '. ' , " 30 3': 32 ~ ,', ," '.u.. ;,. ~~f.;.t , ?.. . ;t;t,g :ET ,.' h ."... " . ".. -. August 30, 1992 Robert Miklo, Planner Iowa City Planning and Zoning Department 410 East Washington Street Iowa City, Iowa 52240 Dear Mr. Miklo: We write in response to your notice of August 28, concerning the request of James Jensen to vacate the north-south alley located east of 410 Reno Street. Since we will be out of town this week, we will be unable to attend both the informal and the formal meetings of the Planning and Zoning Comission, August 31 and September 3, at which Mr. Jensen's request will be discussed. Thus we have chosen to put our views of his request in writing. Our main concern with this request is based on the fact that during the past 22 years of owning the adjacent property at 416 Reno Street, we have relied upon the alley as a necessary form of access not only for the various heavy-duty landscaping, tree~moving, tree- fertilizing, and tree-removal services we have needed from time to time, but also for having truckloads of soil, compost, and other materials delivered to the back of our 326' deep lot. Our driveway, which is at the northwest edge of our lot on Reno Street, cannot be used for such purposes, since it is not only backed by a low stone retaining wall, but also by a 10' tall privacy shrub,' a 50' tall oak tree, and a 12' x 18' gazebo. When we purchased our property, as well as during the intervening years during which we have invested thousands of dollars in landscaping and maintaining it, we did so on the assumption that we would have continued access to the back of our lot by means of the city alley from Davenport Street. Thus we can only give our support to Mr. Jensen's request if we receive a written easement giving us-- and future owners of this property--a legally guaranteed access through the vacated portion to the back of our lot. Sincerely, ~~.~ Carl H. Klaus ff !d:,~<<1 cc: James Jensen Ted Anfinson James Manary ~/8 ,r ill' 1/-(:,1 ~ - , {-I I [I" Q'I 10// '/ !,? 1 . /V~, -~ t1~ r~~ rr hdO- ,...' I , t -,'-' ! , '.; .~, /.(1,1'-:- ,; .'. ^ I '//(j/r! /11/,';) . '-'.1.. ~! ':'/i/rl/(iUO -t"I'f"d p' (I/', 1 I ~/r ~#_"" -...... ... ....... ~, . r....'v :: -' ~. , ^' "- , :/,,': / ,/ i: . I " ~a,g ... ~......... . .., r,w / , " ..( " .\'C::,"':' \:'.1 (:.,/; ,'. <'....r 7 (, I,.., .,........_..........__. ~ ""I(;f __..._..................._..__ ",,.. e ~~~.,."....w__ ~.........,"_...,- ...~_.....\_-' ___1I"Mt~_ 't{Q)'AJ iAA' /, ..:1.'.1 t ./.', /......1 J:' f / ~,g - O/1AAMt/ Fill,' ;' j, , f/,;!: I . '( i \, , , " ", ;'.(,1/' ' I, ',/ l.j . r': ~ I . ~I& ..dk:.b:th...'-...-........ 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I....., .'., ",.I,,,, "., .<:to; ~~\lit"~/i:',\1 S~ ;:':M,~,\(.:t l~p<,.~.!'t\:,j, ~.l ~,'r{:1'".;),! ); ,.:.~/~f~;~~"I" ,~J' 1..':~ J.. ;:'\;:(~~:~':\{\.tc:~~,t;'t!: ..~'("';"" '.. ,_< , 1"'... 1'J,,, . . . \. . , . , " ~ ,..~, .., ~! , .' --- I.~~,~ '. . ~~ __ , :d " ' ',: " "'1' ('. ~'. r,;" .., ',' ')1 1\' ({(.(. :J~ /8 !(~ }~ 1:1I, "",~,,,,,,,"'." ...."....,., ........."...1..".....\ qf-.. Gut ryho-G -k~ .:Jta.I8 '.. ~'\ NOTICE OF PUBLIC HEARING Notice is herebv given that a public hearing will be held bV the CitV Council of Iowa Citv, Iowa, at 7:30 p,m. on the 13th dav of October, 1992, in the Civic Center Council Chambers, Iowa CitV, Iowa; at which hearing the Council will consider the following items: 1, An Ordinance vacating the north.south allev located adjacent to the east side of propertv located at 410 Reno Street. @ An Ordinance amending Chapter 36 of the Code of Ordinances of Iowa Citv, Iowa, entitled 'Zoning' bV adopting regulations permitting non-required off-street parking on a separate lot within commercial and indus- trial lones. Copies of the proposed Ordinances are on file for public examination in the office of the Ciw Clerk, Civic Center, Iowa Citv, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above- mentioned time and place. MARIAN K, KARR, CITY CLERK \eelo.13.npll ~'q I I , . ])i;J b'f I1t PeI1 </-, 0(7(.1( Session (2) Special Exceptions and Variances. Applications for special exceptions and variances shall be filed with the City Clerk. At a minimum, the application shall include the fDllowing: a. The name and address Df each applicant; b. The names and addresses of the owner of the property in question and of the architect, professional engineer, and contractor, if any; c. The names and addresses of the record owners of all property located within 200 feet of the property In question; d. A map or plat showing the location and record owner of each property oppDsite or abutting the prDperty in question; e. A narrative statement of the grounds offered as support for the special exception or variance; f. A ':lap or plot plan, drawn to scale: of the property In question. (3) Fees. A filing fee shall be paid at the time any appeal or application Is filed. Filing fees shall be as established from time to time by resolution of the City Council. No fee' shall be charged for an appeal or application flied by any officer, department, or board of the City. (g) Powers. The Board shall have the following powers: (1) Appeals. To hear and decide appeals where It Is alleged there is error In any order, requirement, decisions, or determlnatlDn made by the City Manager or his/her designee In the enfDrcement of this Chapter or of any ordinance adopted pursuant thereto, v(2) Special exceptions. To hear and decide applications for special exceptions to the terms of this Chapter, and enlargements thereof, In accordance with the general regulations of the zone In which the property Is located and specific standards contained herein, a. Review. The Board shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, the propDsed operation, and such other evidence as deemed appropriate. ' vb. Standards. In order to permit a special exception, the Board must find that the standards set forth In this Chapter with respect to the specific proposed exception shall be met, and that the general standards detailed herein shall be met or are not applicable: 199 02&U q 'I -" 1. That the specific proposed exception will not be detrimental to or ( endanger public heallh, safety, morals, comfort, or general welfare. 2. That the specific proposed exceptlDn will not be injurious to the use and enjoyment of other property in the Immediate vicinity for the purpDses already permitted, and will not substantially diminish and impair property values within the neighborhood. 3. That establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted In the zone in which such property is located. 4. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. 5. That adequate measures have been Dr will be taken to provide ingress or egress so designed as to minimize traffic congestion In the public streets. 6. That, except lor the specific regulations and standards applicable to the exception being considered, the specific proposed exception shall In all other respects conform to the applicable regulations or standards of the zone in which It is to be located. ( 7. That the proposed use shall be consistent with the short-range Comprehensive Plan of the City. c. Conditions. In permitting a special exception, the Board may impose appropriate conditions and safeguards, Including but not limited to planting screens, fencing, construction commencement and completion dates, lighting, operational controls, improved traffic circulation, highway access restrictions, yards, parking requirements, the duration of a use or owner- ship, or any other requirement which the Board deems appropriate under the circumstances upon a finding that they are necessary to fulfill the purpose and Intent of this Chapter. (3) Variances. To authorize upon appeal in specific cases such variances from the terms of this Chapter as will not be contrary to the public interest, where owing to special conditions there are practical difficulties or particular hardships in the way of achieving strict compliance with the provisions of this Chapter. No variance to the strict application of any provision of this Chapter shall be granted by the Board unless the applicant demonstrates that all of the following elements are present: a. Not contrary tD the public Interest. ( 200 ~lj!\ 11:~. r .;, ,.~dt~~1 ----.... ....-..... -.. ~, ORDINANCE NO. C:DINANCE AMENDING CHAPTER 36 OF THE CODE cl\ ~~DINANCES OF THE CITY OF IOWA CITY, IOWA, ENllTLED 'ZONING,' BY ADOPTING REGULATIONS PER~ITTING NON.REQUIRED OFF-STREET PARKING 0 A SE~ARATE LOT IN COMMERCIAL AND INDUSTRI ZONES WHE~'AS, off.street parking 15 considered en ecces ry use under S~~ on 364(e) (3) of the Code of Ordinances tha City of Iowa CI Iowa; and WHEREA Section 364(a)(3) provides that off. reet parking may be locat on a separale 101 ~ tha Board f Adjustment grants a specla excepllon under Secllon 36. d) of the Code of Ordinances 0 the City of Iowa Clly, Iowa' and WHEREAS, un r Secllon 36.58(d), asp clal excepllon mey be granled when t re Is an Increase In t e number of spaces required by a conve ~on or enlargeme of a use; and WHEREAS, the Zo ng Ordlnanca ovldas no mechanism, olher than a vanance, r providing on.re ulred parking on a separate 101; and WHEREAS, II Is dee ed ap roprlate for the Board of Adjustment through the s ecla excepllon process to review requests for non.requlred ar ng In the same manner as II reviews requests for require parking, NOW, THEREFORE, B ORDAINED 8Y THE CITY COUNCIL OF THE CITY I A CITY, IOWA: SECTION I. ZONING A END NT, 1. Chapler 36, Artl e III, en'lIed 'Accessory Uses and Requlremenls,' Secl n 36.58 nlllled 'Off-Streel perking requirements,' of th Code of Ordl ances of the City of Iowa City, Iowa, ba and he same Is here y amanded by repealing subsecllon (d) a adding therelo a n subsection (d) to read as follows: (d) Off.st el arkln locatad on Boe of AdJustmenl may granl off. Ireel parking and slacking paces, aisles and dr es to be localed on a separa lot from the use A lVed when 1) two or more uses s re the same off. treet parking and stacking spaces, les an, d drlv, es,' 2) an Increase In the number of space Is required by / ~',.o,~,',.',,',.O,',',,~.r,,~, n.e',i~, 'i,I~" '~,' "~""~,'O,,~,ff,n,;,:,t,,e,I,~,e;.g,l{...m",a,~, R.n."I,~",~.."~,...~,J....,,a,~,,"~Q.', 3',,',),l,e";~'.~,i.".'.;,I,J,I',f,"'~:.'..,:a,',~,' ~o~li\~cf8rBtjifdusflrii(i$ne\6~:6iiffiY61';;'iawded giilHW"io"""'':wh'ii!i{ihil'''ij'''Cf!iii''66iidi'' '<<"OWels ";""",.P~Il!!!ltmlL,,,,,,,,,,.R,n,,,IL~,,,...n " ,JL,,,,,.., ! !99i!i~g: or 4) uses are located In a C8.2 z ~; and provided thai the fOllowing condlllons are mel. ,(1) Speclallocallon plan, A speclallocallon plan s ell be / lIIed wllh the Board by the ownera of the enllra lend /1 area to be Included wllhln tho speclallocellon plen and shall contain such Informallon deemed necessary 10 / comply wllh the requlramenls herein, Evidence of ! ownership shall ba provided, I i ~~/q " Ordinance No, Page 2 (2) Off.slreel parking location, a, In Rend C zones, the nearest polnl of the parking area to the nearest point of the building that the pa ng area Is raqulred to serve, shall not be , aater than 300 feet. b, In I, ORP and RDP zones, tha nearest point of the I perking area to the nearest point of the ulldlng that the parking araa Is required to serve, hall not e greater than 600 feet. (3) Wh e off.street parking Is used Jointly by 0 (2) or mor uses, the number of parking spa s shall be equal to the sum total 01 off.street p. rklng space require ents of all such uses, (4) Up to percent of the parking sp es required for commerc I recreational uses, cl bs, schools or restaurant and up to 100 perc nt for a religious Inslllutlon ay be shared by nanclal Instllutlons, offices, retail stabllshmenls, r pair shops, personal service establ hments and sl liar uses not normally open, used or erated durl g the same hours, (5) A written agreem nt proper executed by the owners within the area of t e spec 1I0catlon plan assuring the ralentlon 01 the pa Ing nd slacking spaces, aisles and drives and bin n upon their successors and assigns shall be sub IlIed wllh the special location plan as a covenant n Ing with the land, (6) In Instances wher a e Is within 600 feet of a City.owned parkl g area, up to 50 parcent of the required number of parking paces may be provided In the parklng~Cllity, When use abuts a City-owned parking area, p to 100 percent 1 the required number of parking s aces may be pr Ided In the parking I faCility, In Ihe Instance where an ppllcant wishes to provide or/.slreet parking In a .owned parking , faclllty'loe Board shall substantia ~that, wllh Ihe addlllo of the number of car for a use acco,? odated In the faCility, the c Raclty 01 the park~g facility will nol be exceeded, (0 d, 90-3470, 08-07-90) (7) In fssesslng an application for a special exc lion, the Board shall consider the desirability 01 the 10 lion of ,6ff.slreet parking and stacking spaces, alsl and / drives on a lot separate from the use served In erms " 01 pedestrian and vahlcular traffic safety and any ! dalrlmental affacts such off.slreets parking d ,: stacking spacas, alslas and drives may have \ ,/ adjacent property, SECTION II, REPEALER. All ordinances or parts of ordinances ,In conflict wllh the provisions or this Ordinance are hereby \ ' repeeled, SECTION Ill, SEVERABILITY, II any secllon, provision or part or the Ordlnence shell be adjudged 10 be Invalid or unconslllullonal, such adJudlcetlon shell not effect the validity of ~(' '-. Ordinance No, Page 3 . I ., , ' the Ordinance as a whole or any section, provision or part thereof not adjudged Invalid or unconstllutlonal. SECTION IV, EFFECTIVE DATE, This Ordinance shall be In full force and effect from and after lis final passage, epproval end publlcetlon, es provided by law. Passed and epproved this day of November, 1992, i / / / / / 2rn.-- lo/ph;)... ~G\.' ~ ~. 1\\ , ~ /lJ-I.J-,~ ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING," BY ADOPTING REGULATIONS PERMITTING NON.REQUIRED OFF.STREET PARKING ON A SEPARATE lOT IN COMMERCIAL AND INDUSTRIAL ZONES. WHEREAS, off.street parking is considered an accessory use under Section 36-4Ia}(31 of the Code of Ordinances of the City of Iowa City, Iowa; and WHEREAS, Section 36.4Ia}(31 provides that off.street parking may be located on a separate lot if the 80ard of Adjustment grants a special exception under Section 36. 681dl of the Code of Ordinances of the City of Iowa City, Iowa; and WHEREAS, under Section 36.581dl, a special exception may be granted when there is an increase in the number of spaces reauired by a conversion or enlargement of a use; and WHEREAS, the Zoning Ordinance provides no mechanism, other than a variance, for providing non.reouired parking on a separate lot; and WHEREAS, it is deemed appropriate for the Board of Adjustment through the special exception process to review requests for non-required parking in the same manner as it reviews requests for required parking. NOW, THEREFORE, 8E IT ORDAINED 8Y THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA: SECTION I, ZONING AMENDMENT. 1. Chapter 36, Article iii, entitled "Accessory Uses and Requirements," Section 36.58 entitled "Off.Street parking requirements," of the Code of Ordinances of the City of Iowa City, Iowa, be and the same Is hereby amended by repealing subsection Idl and adding, thereto a new subsection Idl to read as follows: Id) Off.street oarkino located on a seoarate lot, The 80ard of Adjustment may grant a speciai exception for off.street parking and stacking spaces, aisles and drives to be located on a separate lot from the use served when 11 two or more uses share the same off.street parking and stacking spaces, aisies and drives, 21 an Increase in the number of spaces Is required by a conversion or an enlargement of a use, or 31 '1':',itTIeom' . To7WiilWifrlali!;'iiiiWWW61i! ie'(jr($l1%~mY' N'JE&W6Sh1!w"f&Vm3Yilt 'It,ay,,:~:>>:Ati:::::~1~m~,, ',", ':1 """/'~~lq~tr~T~:,'iMtj:~\f:~"qf>."b~/:9~q" ~tB~l~~k'~OOtlif~~INgl~3igJ~~J?~f?~pw\~t;r), 'i1ot~JMif~litft"\thlWi!MWWnar'b\'~ltWd~1W~Kibtl P..,.>..,....vw.,..w:"".,,,,"',,.,"'mv:;"'.>>:.;.,,.<"',,,,R<<<o>>_.J!!.,x;:;w..x,:<,.l,:,,,,,<<..>>:,,,,,,,,;.;{,,, or 41 uses are located In a C8-2 zone; and provided that the following conditions are met: 111 Special iocation plan, A special iocation plan shall be filed with the Board by the owners of the entire land area to be Included within the speclai location plan and shall contain such information deemed 02oH, Ji.; -. Ordinance No. Page 2 necessary to compiy with the requirements herein. Evidence of ownership shall be provided. (21 Off.street parking location. a. In Rand C zones, the nearest point of the parking area to the nearest point 01 the building that the parking area is required to serve, shall not be greater than 300 feet. b. In I, ORP and RDP zones, the nearest point' of the parking area to the nearest point of the building that the parking area is required to serve, shall not be greater than 600 feet, 131 Where off.street parking is used jointiy by two (2) or more uses, the number of parking spaces shall be equal to the sum total of off.street parking space requirements of all such uses. 14) Up to 60 percent of the parking spaces required for commercial recreational uses, clubs, schools or restaurants and up to 100 percent for a religious institution may be shared by financial institutions, offices, retail establishments, repair shops, personal service establishments and similar uses not normally open, used or operated during the same hours, 15) A written agreement properly executed by the owners within the area of the special location plan assuring the retention of the parking and stacking spaces, aisles and drives and binding upon their successors and assigns shal! be submitted with the special location plan as a covenant running with the land. (6) In instances where a use is within 600 feet of a City.owned parking area, up to 50 percent of the required number of parking spaces may be provided in the parking facility, When a use abuts a City. owned parking area, up to 100 percent of the required number 01 parking spaces may be provided in the parking facility, In the instance where an applicant wishes to provide off.street parking in a City.owned parking facility, the 80ard shall substantiate that, with the addition of the number of cars for a use accommodated in the facility, the capacity of the parking facility will not be exceeded. (Ord. 90.3470,08.07-901 (7) In assessing an application for a special exception, the Board shall consider the desirability of the location of off.slreet parking and stacking spaces, aisles and drives on a lot separate from the use served in terms of pedestrian and vehicular traffic safety and any detrimental effects such off.streets parking and stacking spaces, aisles and drives may have on adjacent property. SECTION II, REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repeaied. ~Oll 1 -. Ordinance No, Page 3 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 full force and effect from and after Its final passage, approval and publication, as provided by law. Passed and approved this day of November, 1992. MAYOR A TIEST: CITY CLERK Approved by ff}J~ fJ~9 :hCJl- City Attorney's Office r;- IO!tsj1;:J... ppdedmil\ronklg,ud _.- - _._~_._-~ -. I I , , Ot01.lQ - I"~" ... , '. It was moved by and seconded by as read be adopted, and upon roll call there were: I I , , that the Ordinance AYES: NAYS: ABSENT: Ambrlsco Courtney Horowitz Kubby Larson McDonald Novick First Consideration Vote for passage: Second Consideration Vote for passage: Date published ~t9 -. .. ~, NOTICE OF PUBLIC HEARING ON AN ORDINANCE TO VACATE, AS A CORRECTIVE LEGAL ACTION, THE WESTERLY 105.29 FEET OF THE ALLEY BETWEEN MAIDEN LANE AND GILBERT COURT AT LAFAymE STREET, BLOCK FOUR, LYON'S FIRST ADDITION, IOWA CITY,IOWA, AND THE NORTHERLY PLATTED ALLEY IN BLOCK FOUR, LYON'S FIRST ADDITION, IOWA CITY, IOWA. TO ALL TAXPAYERS AND RESIDENTS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER PERSONS INTERESTED, Public notice Is hereby given that the City Council for the City of Iowa City, Iowa, will conduct a public hearing on an ordinance to vacate, as a corrective iegal action, the westerly 105.29 feet of the alley between Maiden Lane and Gilbert Court at Lafayette Street, Block Four, Lyon's First Addition, Iowa City, Iowa, and the northerly platted alley In Block Four, Lyon's First Addition, Iowa City, Iowa. Said hearing shall be heid at 7:30 p.m. on the 13th day of October, 1992, and said meeting shall be held in the City Council Chambers of the Civic Center, located at 410 E. Washington Street, Iowa City, Iowa. Said ordinance, together with more specific legal descriptions, are now on file in the office of the City Clerk in the Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear or submit written comments at the above. mentioned time and place, 1\:\IoQ.~lo.13ca.nph ;11 KCWr , , I I. I I I I i , , 1 1 ; . , ~\ 'j , 'J , ! " ~ I i , , I I I .:2'''(,,' ".'..jR."1"'~ . 'I , , ' " ::" " -, t\) , .:, I , ' NOTICE OF PU8L1C HEARING ON A RESOLUTION OF INTENT TO CONVEY, BY QUIT CLAIM DEEO, A PORTION OF VACATED MAIDEN LANE AND A PORTION OF LOTS THREE AND FOUR OF COUNTY SEAT ADOITION TO IOWA CITY, IOWA, AND ALLEYS LOCATED IN BLOCK FOUR, LYON'S FIRST ADDITION, IOWA CITY, IOWA, AS A CORRECTIVE LEGAL ACTION. TO ALL TAXPAYERS ANO RESIDENTS OF THE CITY OF IOWA CITY,IOWA, ANO TO OTHER PERSONS INTERESTED: ,:,' Public notice is hereby given that the City Council of Iowa City, Iowa, will conduct a public hearing on a resolution of intent to convey, by quit claim deed, a portion of vacated Maiden Lane and a portion of Lots Three and Four of County Seat Addition to Iowa City, Iowa, and alleys located in Block Four, Lyon's First Addition, Iowa City, Iowa, to Capitol Impiement Company, the title holder of said property, as a corrective legal action. Said hearing shall be held at 7:30 p.m. on the 13th day of October, 1992, and said meeting shall be held in the City Council Chambers of the City of Iowa City at the Civic Center, 410 E, Washington Street, Iowa City, Iowa, Said resolution and quit claim deed, together with official legai descriptions, are now on file in the office of the City Clerk in the Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear or submit written comments at the above.mentioned time and place, n:\\rIQ~IO.13.lIph o1a01i -. ~; NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR CIVIC CENTER EAST LOWER LEVEL REMODELING PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER PERSONS INTERESTED: Public notice Is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the Civic Center East Lower Level Remodeling Project in said City at 7:30 p.m, on the 13th day of October, 1992, said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK _gy'<<tN1.npll PH.! .1_d..-1 ...e."". 'I I , , ,',' . . , i < . I I I i I I , .: I"