HomeMy WebLinkAbout1993-01-05 Public hearing
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NOTICE OF PUBLIC HEARING
Notice is hereby given Ihat a public hearing will be held by Ihe
City Council of Iowa Clly, Iowa, at 7:30 PM on Ihe 51h day of
January, 1993, in the Civic Center Council Chambers, Iowa
City, Iowa; al which hearing the Council will consider the
following lIems:
It'I An ordinance amending the Zoning Ordinance by changing
V the use regulations 01 certain property, known as Lots 13
and 14, Block One, Braverman Center Subdivision, localed
on Pepperwood Lane easl of Keokuk Slreel, from CO.l,
Commercial OIIice, to CC.2, Commun~y Commercial.
2. An ordinance amending Ihe Zoning Ordinance by changing
Ihe use regulations of a certain 15.1 acre Iracl, known as
Pepperwood XII, and localed easl of South Gilbert Slreet
and wesl of Sandusky Drive on Cherry Avenue extended
from ID.RM, Inlerim Oevelopmenl Muill.Famlly Residential,
to RM.12, Low Density Muill.Family Residential, for 6.8
acres, and to RS.5, Low Denslly Single. Family Residential,
lor 8.3 acres.
3. A resolution approving Ihe voiunlary annexation of a 1 9.53
acre tracl of land localed easl of Ihe Intersection 01 Sunset
Slreet and Highway One West.
4. An ordinance amending Ihe Zoning Ordinance to change
the use regulations of a 19.53 acre parcel located south of
the Intersection 01 Sunset Street and Highway One Wesl
from the Counly designations of C.2, Commercial, and A.
1, Rural, to CJ.1, Intensive Commercial, or a combination
of CC.2, Community Commercial, and CI.l, Inlensive
Commercial, upon annexation.
Cople: of the proposed ordinances and Ihe resolution are on
file for public examination In Ihe olllce 01 the City Clerk, CI~c
Cenler, Iowa City, Iowa. Persons wishing to make Iheir views
known for Council consideration ere encouraged to appear al
the above.mentioned time and place.
MARIAN K. KARR, CITY CLERK
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STAFF REPORT
To: Planning & Zoning Commission Prepared by: Charles Denney
Item: REZ 92-0014. Lot 14, Braverman Center Date: December 3,1992
Block One
GENERAL INFORMATION:
Applicant:
Ann E. Donahue
1725 Windsor Ct.
Iowa City, Iowa
Phone: 338-3430
Requested action:
Rezoning from CO-l to CC-2.
Purpose:
To allow development of a retail estab-
lishment.
Location:
825 Pepperwood Lane, east of Keokuk
Street.
Size:
21,920 square feet.
Comprehensive Plan:
Residential, 8-16 dwelling units/acre.
Existing land use and zoning:
Vacant; CO-1-
Surrounding land use and zoning:
North, K.Mart; CC-2.
East - Vacant; CO,l.
Souih - Vacant; CO-1-
West - Beauty Parlor, Residential; CO-l.
File date:
November 12, 1992.
45-day limitation period:
December 28, 1992.
BACKGROUND:
On August 7, 1990, the Iowa City City Council rezoned a 3.6 acre tract, part of Block One
, of Braverman Center, from RM-12 to CO'l. The applicant had initially anticipated requesting
a rezoning to CC-2. However, after discussions with staff, the applicants decided that CO,l
zoning was more appropriate for the site. The subject parcel is part of the area that was
rezoned.
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ANALYSIS:
When this property was rezoned to CO-l , part of the justification for rezoning the parcel was
that COol, being the least intensive commercial zone, would provide a good buffer between
CC-2 zoned properties to the north and RM-12 properties to the west and south. Rezoning
the subject property to CC-2 would diminish the buffar zone and would be contrary to the
intent of the initial rezoning.
Additionally, there currently exists a large amount of property zoned CC-2 In the vicinity of
this site. Among these properties there are likely sites that would provide a suitable location
for the retail use proposed with this application. Also, Pepperwood Lane is a private street
which is not designed or built to handle the additional traffic that a CC-2 use could generate.
STAFF RECOMMENDATION:
Staff recommends that the rezoning of Lot 14, Braverman Center Block One from CO-l to
CC-2 be denied.
However, if it is the intent of the Planning and Zoning Commission to approve this rezoning,
staff recommends that Lot 13, to the east of this property, also be rezoned to CC-2.
DEFICIENCIES AND DISCREPANCIES:
None.
ATTACHMENTS:
1. Location Map.
Approved by:
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Monica Moen, Senior Planner
Department of Planning and
Community Development
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Location Map'
Lot 14, Braverman Center
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December 4, 1992
City Council
City of Iowa City
410 E Washington
Iowa City, IA 52240
Dear City Council:
This is a request to the Council to expedite the process of my proposal (REZ-92-0014)
to rezone a parcel of land at 825 Pepperwood Lane, east of Keokuk, and directly
south of K,Mart.
Due to the City Council's altered December meeting schedule I would like this issue
to be placed on your agenda for the December 15 meeting.
Thank you for your consideration.
Re~pectfully,
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Ann Donahue
1725 Windsor Court
Iowa City, IA 52245
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NOTICE OF PUBLIC HEARING
NOlice Is hereby given Ihat a public hearing will be held bylhe
City Council of Iowa Clly, Iowa, al 7:30 PM on the 5th day of
January, 1993, In the Civic Center Council Chambers, Iowa
City, Iowa; al which hearing Ihe Council will consider lhe
following lIems:
1. An ordinance amending Ihe Zoning Ordinance by changing
Ihe use regulations of certain property, known as Lots 13
and 14, Block One, Braverman Cenler Subdivision, located
on Pepperwood Lane east of Keokuk Slreet, from CO'l,
O Commercial OIIico, to CC-2, Communhy Commercial.
2. An ordinance amending the Zoning Ordinance bychanglng
the use regulations of a certain 15.1 acre tract, known as
Pepperwood XII, and located east of South Gilbert Slreet
and west of Sandusky Drive on Cherry Avenue extended
from ID-RM, Interim Developmenl Muhl.Famlly Residential,
to RM.12, Low Denshy Muhl.Famlly Residential, for 6.8
acres, andlo RS'5, Low Denshy Single.Family Residential,
for 8.3 acres.
3. A resolution approving Ihe volunlary annexation of a 19.53
acre tract of land Iocaled easl of Ihe Intersection of Sunset
Slreel and Highway One West.
4. An ordinance amending Ihe Zoning Ordinance 10 change
the use regulallons 01 a 19.53 acre parcellocaled soulh of
Ihe Intersection 01 Sunsel Street and Highway One West
from Ihe County designations of C'2, Commercial, and A.
1, Rural, to CI-l, Inlenslve Commercial, or a comblnallon
of CC'2, Community Commercial, and CI.l, Intensive
Commercial, upon annexation.
Copies of Ihe proposed ordinances and Ihe resolution are on
file for public examinalion In tho office of the City Clerk, Civic
Center, Iowa City, Iowa. Persons wishing to make their views
known for Council consideration are e'lr.ouraged 10 appear al
the above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF APPROXIMATELY
15.1 ACRES OF LAND, KNOWN AS THE PEPPERWOOD XII
TRACT, AND LOCATED EAST OF S. GILBERT STREET AND
WEST OF SANDUSKY DRIVE ON CHERRY AVENUE
EXTENDED FROM ID.RM TO RM.12 AND RS.5.
WHEREAS, Southgate Development Co. has
requesled a zone change from ID-RM, Inlerlm Development
Multi.Famlly Residential, 10 RM.12, Low Dens~ Multi-Family
Residential, for approximately 6.8 acres of Ihe land known as
Ihe Pep"er.,,'oo Xlllracllocated easl of S. Gilbert Street and
wesl of Sandusky Drive on Cherry Avenue extended, and 10
RS.5, Low Density Single-Family Residential, for approximately
8.3 acres of ths remaining land known as Ihe Pepperwood XII
Iracl; and
WHEREAS, sanllary sewer service Is not available to
serve Ihls area; and
WHEREAS, due to the lack of sanllary sewer service,
the area is designated as Phase III In the Residential
Development Sequence Scheduie and is nol planned for
deveiopment until alter the year 2011; and
WHEREAS, Ihe Planning and Zoning Commission
recommended denial ofthe requesled rezoning based solely on
Ihe lack of sanilary sewer service 10 the area and has not
considered Ihe merits of Ihe requested zoning; and
WHEREAS, Ihe applicant has not acknowledged nor
agreed Ihallhls developmenl shall absorb all costs associated
with development In accordance wllh the Cily's policy for out.of-
sequence uavelopmenl whlch~~~s inciude, bul are nOlllmiled
to, oxtension of water and sewer lines, pavement of streets
Including collector streels, Ihe upgrading of sewer lines and
other cosls associated wllh development.
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT:
SECTION J. APPROVAL. SUbJect to sanllary sewer service
being made available 10 Ihe Pepperwood Xlllract, the property
described below Is hereby reclassllled from its presenl
classillcation of JD.RM, Interi,m Deveiopmenl MUlti.Famlly
Residential, to RM.12, Low Dens~ Muitl.Famlly Residential:
A Iracl of land In Governmenl Lot 2 and the Southwesl
Quarter of Ihe Northeasl Quarter of Soction 22, Township
79 North, Range 6 Wesl of Ihe Filth Principal Meridian,
described as: Beginning allhe Intersection of Ihe eest
rlght'of.way of South Gilbert Street and Ihe soulh line of
said Government Lol; thence east along the centerline of
said section, 280 feel to the southwest corner of
Pepperwood Addition, Part XII; thence northerly following
Ihe wesl line of Pepperwood Addlllon, Part XII 10 Ihe
northwest corner 01 said Addlllon; thence North, 90 feet;
thence northwesterly, 340 feel; Ihence westerly,
perpendicular to South Gilbert Street, 190 feet to Ihe east
rlght-of.way of said Street; thence southeasterly along said
rlght.of.way, 810 feel to the point of beginning. Said tracl
contains 6.8 acres, more or less,
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Ordinance No.
Page 2
Development Muhl.Famlly Residential, to RS.5, Low Density
Slngle.Famlly Residential:
A tract of land In Ihe Southwest Quarter 01 the
Northeast Quarter in Governmenl Lot 2 of Section 22,
Township 79 North, Range 6 West of the Fifth
Principal Meridian, described as: Beginning althe
southwest corner 01 said Quarter Quarter; thence West
along the south line of eald Quarter Quarter, 612 fool:
Ihence North, 110 feet: thence Northeasl, 24 feet;
thence Northerly following a 100 foot radius curve,
concave Easlerly, gO feet: thence North, 200 feet;
Ihence Westerly, 110 feet: Ihence North, 176 feet:
thence Easterly, 732 feet 10 a polnl on Ihe west line of
Pepperwood Addition, Part IX: thence South along Ihe
weslline of Pepperwood Addition, Part IX, 510 feet 10
the Polnl of Beginning. Said tract conlalns e.3 acres,
more or less.
SECTION II. ZONING MAP. The Building Inspector Is heraby
authorized and directed 10 change the zoning map of Ihe City of
Iowa Chy, Iowa, to conform 10 this amendment upon final
passage, approval, and publication of Ihis Ordinance as
provided by law.
SECTION III. CERTIFICATION AND RECORDING. The C~
Clerk Is hereby authorized and directed to certify a copy of Ihls
Ordinance which shall be recorded at the Office of the County
Recorder 01 Johnson County, Iowa, upon final passage and
publication as provided by law.
SECTION IV. REPEALER. All ordinances and parte of
ordinances In conflict with the provlslo'ls of this Ordinance are
hereby repealed.
SECTION V. SEVERABILITY. If any secllon, provision or part
of the Ordinance shali be adjudged to be Invalid or
unconstllullonal, such adjudication shall not affect the validity of
Ihe Ordinance as a whole or any section, provision or part
Ihereol nol adjudged Invalid or unconsthutlonal.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be In
effect after lis final passage, approval and publication, as
prOVided by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Approved by
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF APPROXIMATEL
15.1 ACRES OF LAND, KNOWN AS THE PEPPERWOOD II
TRACT, AND LOCATED EAST OF S. GILBERT STREET D
WEST OF SANDUSKY DRIVE ON CHERRY AV NUE
EXTENDED FROM ID.RM TO ilM.12 AND RS-S.
WHEREAS, Soulhgate Development
requesled a zone change from ID.RM, Interim velopmenl
Mulll.Famlly Residential, to RM.12, Low Dens' Multl.Famlly
Resldenllal, for approxlmale~ 6.B acres of the nd known as
the Pepperwood Xlltractlocaled east of S. ' bert Street and
west of Sandusky Drive on Cherry Avenue xtended, and to
RS.5, Low Density Slngie.Faml~ Reslderll ,for approxlmalely
B.3 acres of the remaining land known as he Pepperwood XII
tracl; and
WHEREAS, sanitary sewer s rvlce Is not available to
rvB Ihis area; and
WHEREAS, due to Ihelac of sanllary sewer service,
the rea is deslgnaled as Ph se III In Ihe Residential
Deve menl Sequence Sched e and Is not planned for
develop enll',,:i1 after Ihe yea 2011; and
HEREAS, the Pi nlng and Zoning Commission
recommen d denial of the r quested rezoning based sole~on
Iho lack of nitary sewe service 10 Ihe area and has nol
considered th merits of e requested zoning; and
WHER AS, th appllcanl has not acknowledged nor
agreed that this vel menl shall absorb all costs associated
wllh development i ordance wllh Ihe Clly's policy for oUI.of.
sequence develop t whichJ9lS include, but are nOlllmlled 10,
extension of wa r d sewer lines, pavemenl of streets
Including collect r stre ts, the upgrading of sewer lines and
other costs as lated h developmenl.
NO ,THEREFO E,BEITORDAINEDBYTHECITY
COUNCIL THE CITY 0 IOWA CITY, IOWA THAT:
SECTION . APPROVAL bject to sanitary sewer service
baing m e available to the P perwood XII tract, the property
descrl d below Is hereby classllled from ils present
class' cation of ID.RM, Interl Development Multl.Famlly
Re . entlai, to RM.12, Low Densi Multl.Faml~ Residential:
A Iract of land In Governmenl ot 2 and Ihe Southwest
Querter of Ihe Northeasl Quarte of Section 22, Township
79 North, Range 6 West of Ihe IIlh Principal Merldlen,
described as: Beginning at the i ersection of the eesl
rlghl.of.way of South Gilbert Slreet nd Ihe south line of
said Government LOI; thence east alo g Ihe cenlerllne of
said section, 2BO feet to the sou west corner of
Pepperwood Addition, Part XII; Ihence n rtherly following
the wesl line of Pepperwood Addillon, art XII to the
northwest corner of said Addition; thence rth, 90 feel;
Ihence northwesterly, 340 feel; thenc westerly,
perpendicular to South Gilbert Street, 190 feet 0 the east
rlght.ol.way of said Street; Ihence soulheaslerly ong said
rlght-ol.way, B10 feet 10 the point of beginning. Id Iracl
contains 6.B acres, more or less.
Subjeclto eanilary sewer service being made available the
Pepperwood XII tract, Ihe property described below Is her by
reclassified from Its present c1asslflcallon of ID.RM, Inte 1m
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Ordinance No.
Page 2
Developmenl Muni.Famlly Residential, to RS ,Low Density
Single-Family Residential:
A tract of land In Ihe Southwest arter of Ihe
Northeast Quarter In Governmenl Lol 01 Section 22,
TOWI1Shlp 79 North, Range 6 W. sl of the Fiflh
Principal Meridian, described as: Beginning atlhe
southwest corner of said Quarter uarter; Ihence Wesl
along Ihe south line of said Qua er Quarter, 612 feel;
Ihence North, 110 feet; Ihen Northeasl, 24 feel;
ence Northerly following a 100 fool radius curve,
c cave Easlerly, 90 feel; hence North, 200 feel;
Ihe ce Weslerly, 110 fee thence North, 176 feel;
Ihen Easterly, 732 feel a polnl on Ihe west line of
Peppe ood Addition, PIX; Ihenca Soulh along the
wesllln of Pepperwoo Addition, Part IX, 510 feel to
Ihe Polnl Beginning Said Iract contains e.3 acres,
more or les .
SECTION II. ZO ING AP. The Building Inspector Is hereby
authorized and dlr t 0 change the zoning map ofthe City of
Iowa City, Iowa, 10 onform to this amendmenl upon final
passage, approvai, d publication of Ihls Ordinance as
provided by law.
SECTiON III. CE IFIC TION AND RECORDING. The Clly
Clerk Is hereby a lhorized d diracled 10 certify a copy of this
Ordinance whic shall be re rded a, the Ofiice 01 the County
Recorder of J nson Counly, Iowa, upon final passage and
publication as rovlded by law.
SECTION I. REPEALER. I ordinances and parts 01
ordinances' conlllcl with the prov Ions of this Ordinance are
hereby re aled.
SECTIO V. SEVERABILITY. If any ection, provision or part
01 the Ordinance shall be adJudg 10 be Invalid or
uncon Itutlonal, such adjudication shall n affect the validity 01
the 0 dlnance as a whole or any sectio provision or part
ther 1 not adjudged Invalid or unconslnutlo I.
SE TION VI. EFFECTIVE DATE. This Ordl nee shalf be In
ef cl after ns final passage, approvai and ubllcation, as
ovlded by law.
Passed and approved Ihls
MAYOR
ATTEST:
CITY CLERK
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City of Iowa City
MEMORANDUM
Date:
December 23, 1992
To:
City Council
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Melody Rockwell, Associate Planner
From:
Re:
REZ92-0012. Pepperwood XII Rezoning Request
On Docember 15, 1992, the City Council set a public hearing for January 5, 1993, on the
rezoning of a 15.1 acre tract, known as Pepperwood XII, and located east of S. Gilbert Street
and west of Sandusky Drive on Cherry Avenue extended from ID-RM to RM-12 for 6.8 acres
and to RS-5 for 8.3 acres. At its December 3, 1992, meeting, the Planning and Zoning
Commission recommended denial (,~"he requested rezoning. The Commission's recommenda-
tion to deny was based solely on the lack of sanitary sewer service available to the area. The
Commission did not evaluate the merits of the requested rezoning.
At Its December 15, 1992, meeting, Council requested guidance concerning disposition of this
item. Staff recommends that Council defer the public hearing on the Pepperwood XII rezoning
to March 2, 1993. If development is to occur on the Pepperwood XII tract, a sanitary sewer
line connection between the North and South Treatment Plants will need to be constructed.
By March 2, 1993, Council will have discussed the budget and may have a bettQr idea of
whether the Capital Improvements Program will Include funding for the treatmbnt plants
connection.
If sanitary sewer service is to be made available to this area through the Capital Improvements
Program, then the Council should refer the Pepperwood XII rezoning request back to the
Planning and Zoning Commission to consider the merits of the requested rezoning. If this is
done on March 2, the Planning and Zoning Commission could review the rezoning application
at Its March 18, 1993, meeting, and possibly forward a recommendation back In time for
Council consideration at the March 30, 1993, Council meeting. If tha decision to connect the
treatment plants is deferred, the Council may decide to deny the rezoning request as recom-
mended by the Planning and Zoning Commission.
Approved by:
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Monica Moen, Senior Planner
Department of Pianning and
Community Development
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City of Iowa City
MEMORANDUM
Date: December 8, 1992
To: The Honorable Mayor Darrel Courtney and Members of the City Council
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From: Tom Scott, Chair and Members of the Planning & Zoning Commission
Re: Sanitary Sewer Improvements
The Commission has recommended that REZ92-0012, the rezoning request for Pepperwood XII,
be denied, because It cannot be served by sanitary sewer In place at this time. The sanitary
sewer connection between the north and south treatment plants must be constructed before
further development In not only this west portion of the South Area of Iowa City, but also In the
west, north and northeast portions of Iowa City, can occur. It Is a logical consequence that if an
area cannot be sewered, then developers cannot build In that area. The Commission's
recommendation to deny REZ92-0012 was made on the basis of the sewer situation only. The
Commission has not considered the rezoning request on its own merits.
The Commission understands that Council will be evaluating sanitary sewer improvements during
the upcoming Capltallmprov~ments Program discussions. During the Commission's meeting with
the City Public Works Department staff on October 29, 1992, It was determined that a comment
o! encouragement should be forwarded to Council to consider commlltlng funds for the expansion
of the sewer system, particularly for the north-south sanitary sewer connection, to accommodate
growth within undeveloped areas of Iowa City, as well as to meet the federally mandated
ammonia standards for wastewater treatment. The Commission felt a sense of urgency that
attention needs to be given to this situation now.
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City of Iowa City
MEMORANDUM
Date: December 3, 1992
To: Planning and Zoning Commission
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From: Melody Rockwell, Associate Planner
Re: REZ 92.0012. Pepperwood Addition, Part XII
The attached staff report was discussed at the Planning and Zoning Commission's September
14, 1992, informal meeting. On September 17, 1992, the Commission deferred this item to Its
December 3, 1992, meeting. The Commission set up a special meeting on October 29, 1992,
with the Public Works staff to become more Informed about sanitary sewer service extensions,
plant capacity upgrades, and associated costs.
The circumstances of the case have not changed. Therefore, the staff recommendation remains:
Until the Issue of sanitary sew~r service for this area of the community is resollled,
development cannot proceed. Staff recommends that REZ 92.0012. the rel;liest
to rezone 6.8 acres of a 15.1-acre tract from ID-RM to RM.12, and 8.3 acres of
said 15.1-acre tract from ID-RM to RS.5 for property located east of S. Gilbert
Street and west of Sandusky Drive on Cherry Avenue extended be deferred until
the sanitary sewer connection between the north and south treatment plants is
constructed.
Attachment
1. REZ92.0012, September 17, 1992, staff report and attachments.
Approved by:
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Monica Moen, Senior Planner
Department of Piannlng and
Community Development
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Melody Rockwell
Item: REZ92-0012. Pepperwood Addition,
Part XII
Date: September 17, 1992
GENERAL INFORMATION:
Applicant:
Southgate Development Co.
505 Hlghlend Avenue
Iowa City, IA 52240
Phone: 337.4195
Requested action:
To rezone 6.8 acres of a 15.1 acre
property from ID.RM to RM.12, and 8.3
acres of said property to RS-5.
Purpose:
To establish a general area adjacent to
Gilbert Street and bisected by Cherry
Avenue extended for multi-family
dwellings and to extend a single-family
residential area known as Pepperwood
Addition prior to submission of a
preliminary plat for a 34.lot, single-
family residential subdivision.
Location:
East of S. Gilbert Street and west of
Sandusky Drive on Cherry Avenue
extended.
Size:
Approximately 15.1 acres.
Existing land use and zoning:
Agricultural; ID-RM.
Surrounding land use and zoning:
North - Mobile Home Court and
undeveloped; RFDH and ID.RM.
East - Single.Family Residential; RS,5.
South, Undeveloped; ID.RM.
West' Napoleon Park; P.
Comprehensive plan:
Multi.Family Residential; 8,16 dwelling
units per acre.
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Fila date:
August 27, 1992.
October 12, 1992.
45-day limitation period:
SPECIAL INFORMATION:
Public utilities:
Adequate sanitary sewer service is not
available.
Public services:
Police and fire protection, and
sanitation services are provided. No
transit routes run near the request
property.
Transportation:
Access would be via Keokuk Street and
the extension of Sandusky Drive;
secondary access is proposed from S.
Gilbert Street via Cherry Avenue
extended.
Physical characteristics:
The site is characterized by moderate
slopes with a ridge line running
diagonally in a northwesterly to south-
easterly direction across the property.
The west portion of the property is
heavily wooded.
BACKGROUND INFORMATION:
The applicant wishes to rezone 6.8 acres of a 15.1 acre tract from ID-RM, Interim
Development Multi-Family Residential, to RM-12, Low Density Multi-Family Residential, and
8.3 acres of said 15.1 acre tract from ID-RM to RS.5, Low Density Single-Family Residential.
The tract extends west from the existing Pepperwood Addition residential development, which
is zoned RS-5, to S. Gilbert Street. The maps submitted with the rezoning application
incorrectly delineate the areas requested for rezoning. Discussions with the applicant's project
engineer indicate the area requested for RM.12 zoning is delineated by the arees shown as
"Future Development" on the pre-preliminary plat for Pepperwood Addition, Part XII. The 34-
lot, single-family residential subdivision proposed on the pre.prellminary plat indicates the area
requested for RS-5 zoning.
The area requested for rezoning is currently designated as an ID.RM zone. The Interim
Development Zone is intended to provide for areas of managed growth in which agricultural
and other non.urban uses of land may continue until such time as the City is able to provide
municipal services and urban development can take piace. The provision of municipal services,
particularly for out.of.sequence development, is an important consideration of the requested
rezoning.
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ANALYSIS:
Comprehensive Plan. The Comprehensive Pian, the officially adopted land use policy guide,
provides a development sequence schedule, which is based on the premise that areas where
development can take place efficiently, in terms of provision of municipal services, should
develop first. Those areas where development would prove move costly to the City, because
of limited sewer capacity or inadequate street systems, for example, have been designated
as out-of-sequence development areas, and scheduled for later phases of development. The
sequence development schedule was designed to allow the City to anticipate and phase
expenditures for municipal services and capital improvaments over time. The element of equity
inherent within the phased developme~t plan is that of diminishing the Incidence of sudden,
burdensome public subsidies of new development by the existing community and residents,
who may not directly benefit.
Available Sanitary Sewer Capacity. The 15.1 acre tract is located within the west portion of
the South Area of Iowa City, which Is anticipated to develop between the years 2000-2010.
Due to topographic restrictions and existing constraints in the municipal sewer system serving
the South Area, this area is mapped as out-of-sequence, and is zoned as an Interim
development area. Wet weather surcharging conditions in the South Side Trunk Sewer and
limited capacity in the Keokuk Branch of this trunk sewer system restrict future residential
development in the South Area. Any further development west of the existing Pepperwood
Addition development cennot be served by the sanitary sewer In place at this time.
The rezoning request, known as Pepperwood Addition, Part XII, Is within the South Iowa River
drainage area which extends southerly from the North Wastewater Treatment Plant between
the Iowa River and the ridge line to the east. According to the City Public Works Department,
705 acres of this drainage area lie within the City limits. The South Side Trunk Sewer, which
Is currently overloaded, provides service to the north 460 acres, leaving the south 245 acres
without sanitary sewer service. Pepperwood Addition, Part XII, Is located within the 245 acres
without sanitary sewer sarvice.
The Director of the City Public Works Department has indicatad that sanitary sewer service
to the 245 acres should be provided by the South River Corridor Interceptor Sewer, which
would provide other benefits in addition to sewer service for the 245 acres. The South River
Corridor Interceptor Sewer, as proposed, would extend from the South Wastewater Treatment
Piant west to Sand Road, then north along Sand Road and Gilbert Street to the North
Wastewater Treatment Piant. When this interceptor sewer Is constructed, It will eventually
provide service to an additional:!: 1,000 acres currently outside the City limits. It will relieve
the overloaded South Side Trunk Sewer. I t will also allow the City to transfer flows from the
North Plant to the South Plant, which is an important consideration given that the capacity
at the North Plant will be cut from 9.5 million gallons per day (MGD) to 5.6 (MGDI when
ammonia removal is required by the end of this decade. The estimated cost to construct the
South River Corridor Interceptor Sewer is $17,500,000.
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As an option, sanitary sewer service could be provided to the 245 unsewered acres by
constructing a 11ft station at the South City limits and pumping into the South Sycamore
Sanitary Trunk Sewer. The total construction cost of the 11ft station, force main and sanitary
sewer as well as engineering fees and land acquisition is estimated at $720,000. This sewer
system would be abandoned at such time as the South River Corridor Interceptor Sewer was
constructed. The City Public Works Department does not recommend this option.
Until the City makes a commitment to provide sanitary sewer service to this area, the
development of Pepperwood Addition, Part XII, would be considered out-of-sequence. It Is
the City's policy as stated In the Comprehensive Plan, that "out-of-sequence development
would be required to absorb all of the costs associated with devolopment, including costs
typically subsidized by the City." If a tap-In fee epproach is used, with the City upfronting the
costs of sewer construction, and the developer paying the cost attributable to development
of the subject tract, there will need to be a determination of the extent to which the City can
afford to upfront costs for the trunk sewer extension. The cost to the City, if construction
of the South River Corridor Interceptor Sewer Is delayed, should also be considered.
Depending on how these policy questions are resolved, the out-of'sequence designation for
this property may warrant amendment.
Density. At such time as access to a new sewer system Is possible, the 1983 Comprehensive
Plan Update anticipated that the western portion of the South Area would develop for
residential purposes at a development density of 8-16 dwelling units per acre. According to
the plan, "...the slightly higher than Single-family density takes advantage of the relative ease
of access to the downtown via Gilbert Street and allows a response to the projected demand
for lower cost owner-occupied housing." The land was subsequently zoned ID-RM, Interim
Development Multi-Family Residential, to permit higher density residential development at such
time as municipal services could be extended to the area.
The low density single-family residential (RS-5) zoning classification sought by the applicant
for the eastern part of the tract would permit residential development at a density slightly less
than the development density designated in the Comprehensive Plan. The Comprehensive
Plan maps outline In a general fashion the location of different land uses. The proposed
single-family residential development would be compatible with the existing Pepperwood
Addition development to the east. The proposed RM-12 zoning of the west portion of the
tract adjacent to S. Gilbert Street would be consistent with the Comprehensive Plan
deslgnetlon end the ID-RM zoning classification for this area.
Trafficways. In terms of street accessibility, the area proposed for rezoning is located along
S. Gilbert Street/Sand Road, an arterial street. The extension of Cherry Avenue Is intended to
serve as a collector street between Sandusky Drive and S. Gilbert Street, and as shown on
the plat, would be constructed within a 66-foot right-of-way at a 36-foot pavement width.
Future Needs: When sewer is extended between the North and South plants, a significant
number of acres will be available for development, as noted above. Provision of schools and
open space for these new areas will need to be considered.
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Schools. Elementary school-aged children residing in this area of Iowa City would attend
school in Hills. Busing students to a school outside their neighborhood may provide a solution
for school attendance, but eventually capacity m~y be exceeded in the receiving school. Also,
busing runs contrary to the neighborhood school concept set forth in the Comprehensive Plan.
This concept Is based on the premise that elementary schools should be located so that most
of the students live within walking distance of the school. This is a problem, however,
associated with all newer areas of the community, where higher levels of elementary school-
aged children are expected.
Open Space. The Wetherby Open Space District requirement of 23.26 acres is partially off-set
by the 14-acre Wetherby Park and the 26-acre Napoleon Park. However, the distance of
Wetherby Park from the request area, the questionable suitability of Napoleon Park for use as
a neighborhood open space, and the barrier Gilbert Street represents in terms of access to
Napoleon Park are all factors to be considered in determining whether more n~ighborhood
open space is warranted for this area of the community.
STAFF RECOMMENDATION:
Until the issue of sanitary sewer service for this area of the community is resolved,
development cannot proceed. Staff recommends that REZ92-0012, the request to relone 6.8
acres of a 15.1 acre tract from ID-RM to RM-12, and 8.3 acres of said 15.1 acre tract from
ID-RM to RS-5 for property located east of S. Gilbert Street and west of Sandusky Drive on
Cherry Avenue extended be deferred until the sanitary sewer Issue is resolved.
ATTACHMENTS:
1. Location Map.
2. South Area Sequence of Development Map.
3. Application.
4. Pepperwood Addition, Part XII, Preliminary Plat.
5. Correspondence re Pepperwood Addition, Part XII.
Approved by:
Kari Franklin, Director
Dep rtment of Planning and
Community Development
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REZ 92-0012
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PROPERTY OWNERS WITHIN
200 LI NEAL FEET
L~e, Jason and Misty
742 Sandusky Ave.
Iowa City, IA 52240
Bockenstedt, Tom J and Holloway Celeste E.
3266 Lynden Heights Rd. N.E.
Iowa City, IA 52240
Duffy Builders
1405 Rochester Ave.
Iowa City, IA 52240
Ostedgaard, R. Alan and Robin A.
323 Bon Aire
Iowa City, IA 52240
Reisen, Daniel M. and Anne M.
703 Sandusky Ave.
Iowa City, IA 52240
Damge, Michael T, and Tice, Lisa M.
681 Sandusky Ave.
Iowa City, IA 52240
Norton, Will iam H. and Linda A.
2460 So. Gilbert St.
Iowa City, IA 52240
James McCollister Estate
c/o Hertz Farm Management
Box B
Mt. Vernon, IA 52314
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City of Iowa City
410 E. Washington St.
Iowa City, IA 52240
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PEPPERWOOD ADDITION
PURPOSED MULTI-FAMILY REZONING
A tract of land in Government Lot 2 and the Southwest Quarter of the Northeast
Quarter of Section 22, Township 79 North, Range 6 West of the Fifth Principal
Meridian, described as:
Beginning at the intersection of the east right-of-way of South Gilbert Street
and the south line of said Government Lot;
thence east along the centerline of said section, 280 feet to the southwest
corner of Pepperwood Addition, Part 12;
thence northerly following the west line of Pepperwood Addition, Part 12 to the
northwest corner of said Addition;
thence North, 90 feet;
thence Northwesterly, 340 feet:
thence westerly, perpendicular to South Gilbert Street, 190 feet to the east
right-of-way of said Street;
thence southeasterly along said right-of-way, 810 feet to the point of
beginning.
Said tract contains 6.8 Acres, more or less.
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PROPOSED SINGLB-FAMILY REZONING
A tract of land in the Southwest Quarter of the Northeast Quarter and
Government Lot 2 of Section 22, Township 79 North, Range 6 West of the Fifth
Principal Meridian, described as:
Beginning at the southwest corner of said Quarter Quarter;
thence West along the south line of said Quarter Quarter, 612 feet;
thence North, 110 feet;
thence Northeast, 24 feet;
thence northerly following a 100 foot radius curve, concave easterly, 90 feet;
thence North, 200 feet;
~hence Westerly, 110 feet;
thence North, 176 feet:
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thence Easterly, 732 feet to a point on the west line of Pepperwood Addition,
Part 9;
thence South along the west line of Pepperwood Addition, Part 9, 510 feet to
the Point of Beginning.
Said tract contains 8.3 Acres, more or less.
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July 31, 1992
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CITY OF IOWA CITY
Myles Brav8lman
Southgate Development Co.. Inc.
505 Highland Avenue
Iowa City, IA 52240
RE: Pepperwood Addition, Part XII
Dear Mr. Braverman:
As I indicated to you in our telephone conversation on July 29, 1992, the City Public Works
Department holds the position that the proposed subdivision, Pepperwood Addition, Part XII,
cannot be served by sanitary sewer. This is a restatement of the staff position in 1989, when
the preliminary plat for Pepperwood Addition. Part VIII, the area immediately east of the
proposed subdivision, was being considered.
If you decide to withdraw the preliminary plat applic,ltion for Pepperwood Addition. Part XII.
please send a written request to me. and I will see that the $1,000 application fee you paid
is reimbursed to you.
If you decide to proceed. a rezoning applicution with u $330 additional fee will need to be
submitted. The area proposed for subdivision is currently zoned ID.RM. The submission
deadlines are as follows:
August 13. 1992. for a September 3, 1992. Planning and Zoning Commission meeting,
or
August 27, 1992, for a September 17, 1992. Planning and Zoning Commission
meeting.
A revised preliminary plat could be submitted with the rezoning application. or following the
rezoning process, whichever you prefer. A letter waivino the 45.dav limitation period for the
Peooerwood Addition. Part XII. oreliminarv olat aoolication should be forwarded as soon as
oossible to me at 410 E. Washinoton. Iowa Citv. Iowa 52240.
Comments by the Public Works Department staff on the preliminary plat are as follows:
1.
In the typic"1 cross.section. Crabapple COUrt is referenced. but is not part of the
subdivision. Tllis should be corrected.
Tile contour interViJls and the reference datum INGVD? City?! should be stilted.
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July 31,1992
Page 2
3. On the northwest p'lrtion of the area labeled "Future Development," the wrong contour
line is marked "80".
4. The note on the plat stating "Sanitary Sewer Trunk Main to be Constructed by Iowa
City," and the sewer line this note refers to, should be deleted from the plat.
5. The eight-inch sludge force main can be shown on the west side of Gilbert Street.
6. Does the westerly extension of Cherry Avenue through tho area marked "Future
Development" cut through a heavily wooded area? If so, the extent of the wooded
area should be correctly delineated on the plat.
7. On the east intersection of Locust Court and Cherry Avenue, the sanitary sewer runs
under the intake. This should be revised to allow more clearance.
8. The lot line between Lots 255 and 256 is actually longer than the 110 feet shown on
the plat.
9. Submit preliminary storm water calculations.
10. Submit documentation that the stormwater basin serving the subdivision has the
capacity to accommodate this area.
11. Consider coordination with utilities to have utilities combined within the generous right-
of-way.
12. Correct the discrepancy in scale, 1"=50' and 1"=25' are both shown.
Please don't hesitate to call Ed Engroff at 356-5144 or me at 356-5251 to discuss this
matter.
Sincerely,
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MelodY~OCkWell
Associate Planner
c: Ed Engroff, Civil Engineer
Monica Moen, Senior Planner
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SOUTHGATE DEVELOPMENT
505 Highland Avenue
Iowa Clly, Iowa 52240
FAX: (319) 337.9823
(3t' '"7.4195
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August 6, 1992
Melody Rockwell
city of Iowa city
410 E, Washington
Iowa city, Iowa 52240-1826
RE: pepper~ood Addition, Part XII
Dear Ms. Rockwell:
Let this letter serve as a waiver of the 45 day limi.tation period
for the preliminary plat application, of Pepperwood Addition,
Part XII.
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AUG 1 0 1992
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NOTICE OF PUBLIC HEARING
Notice Is hereby given that a public hearing will be held by the
City Council 01 Iowa Clly, Iowa, at 7:30 PM on Ihe 51h day 01
January, 1993, In Ihe Civic Center Council Chambers, Iowa
City, Iowa; at which hearing Ihe Council will consider Ihe
following lIems:
1. An ordinance amending Ihe Zoning Ordinance by changing
the use regulations of certain proporty, known as Lots 13
and 14, Block One, Braverman Center Subdivision, located
on Pepperwood Lane east of Keokuk Street, from CO'1,
Commercial OtIice, to CC'2, Communlly Commercial.
2. An ordinance amending Ihe Zoning Ordinance by changing
the Use regulations of a certain 15.1 acre tract, known as
Pepperwood XII, and localed easl of South Gilbert Slreel
and west 01 Sandusky Drive on Cherry Avenue extended
from ID.RM, Interim Development Muhl.Famlly Residential,
10 RM.12, Low Denslly Muhl.Famlly Residential, for 6.8
acres, and 10 RS.5, Low Denslly Single.Family Residential,
for 8.3 acres.
~ A resolution apprOVing the voluntary annexalion of a 19.53
\.)' acre tract of land Iocaled east of Ihe Inlersection of Sunset
Streel and H~hway One West.
4. An ordinance amending Ihe Zoning Ordinance 10 change
Ihe Use regulations of a 19.53 acre parcel located south of
the Inlersection of Sunsel Slreel and Highway One Wesl
from Ihe County designations of C.2, Commercial, and A.
1, Rural, 10 CI.1, Inlenslve Commercial, or a comblnalion
01 CC.2, Community Commercial, and CI.l, Inlensive
Commercial, upon annexation.
Copies of the proposed ordinances and the resolution are on
file for public examination in Ihe office of Ihe City Clerk, Civic
Cenler, Iowa City, Iowa. Persons wishing to make their views
known lor Council consideration 'are encouraged to appear at
Ihe above.mentioned lime and place.
MARIAN K. KARR, CITY CLERK
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Janual"Y 51 1'3':13
Iowa City Council
low" City, Iowa
Ladies ~nd Gentlernen:
I un~erstand that the Council intends to continue the
publ i,; heiwing on the anne:.;ation and rezoninll of the
approximate 19 acres of my property located immediately east
of the Hy I-Sunset Street stoplight. I have chosen to speak
tonight because there are some impc,rtant issues that need to
be considered by the Council,
We first appl ied for anne:.;at ion and rezoning in February of
1990, almost 3 years ago. We have abided by city regulatic~s,
but we have faced one delay after another. First there was
the issue of .having to change the Comprehensive Plan that had
to be resolved, Then there was an 18 month delay while the
staff completed a study on the availability of commercially
zoned land within Iowa City. This was finally completed in
June c,f 1'392. When we again applied for anne:,;ation and
J'ezConing we f"ced a recc'mmend"tic'n by staff for denial
because c,f: "cc,nstraints on wastewater treatment capacity and
the existence of adequate cCommercially zoned property within
the city," We pointed out to the Planning and Zoning
Ce,mmission the naither of these allegations was trLle, and c,n
December 17, 1992, the P1,Z vc,ted 5-0 to recommend tc,the
CCoLlncil "pproval Cof thl? annexati,_'n and rezoning to CI-I c,f
the 19 acres. This prCoperty is an island, totally surrounded
nCoW by Iowa City land.
I would likl? to note for the record that these acres meet
all of the criteria that the city demands for annexation:
1. All city services are alt'sady ifl place. No costs of
extension of city services will be bCorne by the city.
2. Sewer capacity is available in existing lines,
3. The stop light and turning lanes on Highway I will be
upgraded without cCost to the city.
4. There will be no new vehicular access points to Hy I,
5. The special proposed conditions pertaining to our tract
are agreeable because we, too, want the entryway to the city
'~() have desir-able i;\8si;l1etics, and it is [~ood business for
Mellards to llave attractive preolises.
5. The annC'!:,;,'rtion fulfills a nl?ecJ hn' the city: It
dil"l,dly addl"I2SSeS the 20.9 mill iCon d,;ollar leal(age e,f
Building Materials retail trade as presented in the June 1992
StafF Report. This means tl-lat Iowa City is prsseni:ly losing
over 20 million dollars in retclil blJsiness bo ot~18r
(ommLlI'li t ic:s.
I would 1:\ 1\; C) notl~ thc.rt ~his is a volunL'J.ry 1~\nnf21,~d;ic.fl i:lnd
is 1)(.m-I~I:lntrl)ve(!.;~ial. vJllat' I mean by tlkl't is thai; T have yet
to meet i(nY()IlL~ who d()e~; not want I'kmi.:rrds GO 1:1.)n\U to I()wa
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City. Bear in mind that Menards will provide employment for
LIP \;() 125 people at above minimum Wd~le. Also rernl.?lnbel'" that
Menards will increase the taxable valuation within the city
linlits by approxirnately 5 million dollar~. Menards operate a
total or 71 sto'r"es thrOL\9h(,ut the middle.; west. They will
open 12 new stores ill 1993 includillg the store in Iowa Ci~y
which will encompass 145,000 square feet und will be an a11-
enclosed design. Menards will draw trt?de into our cc)nlfnunity!
Othel" cities have offel'"ed incentives, SUCl1 as tax abatements,
for businesses such as Menards to COOle into tlleir trade area.
I I.lave not heard ~k'nards asl:; ro~. any special consideration
from y'JU, HO\"evf~r, if they are faced with undut2 delays, thl?Y
may very well look for another ':::"Hnmunity in this mal'''ket to
accept their expansion dollars.
I submit that the City Cc~mcil did not create a strip
development by inviting Wal-Mart to build their store, That
str ip of 1 ?,:;d 'Nas created many years ago, How? By the Iowa
City Airp,~rt! Let's talk a little bit abc,ut the airport, We
have agreed to abide by legal city, counl;y, airpol't, and FAA
regulati'Jns as they e:dst today. N,,w the, Airporl; Commission
is asking you tc, impose another delay on this pr'J,jed sc, that
you can hear their report. I w1derstand that of the 6
opti(ms the Airport Commission will present, only Optic'n 3
will affect our tract. This option calls for the elimination
of two of the existinD runways afld the construction of a new
runway in a new location on the airport, It also calls for
the purchase and relocation of the Colonial Lanes Bowling
Alley and the Johnson County 4.H Fairgrounds. Option 3 would
impose new restrictions on the existing Wal-Ma('t building,
and make it impossible for ~lenard;, tc, lc,eate in it,; desired
site. In addition, Option 3 ~)OLlld Ci:\U!:;E' many h,;:tmes It:lI:ated
rwrth of Highway 1, not now aff'2ded by airport operations,
to lie directly within the flight path of a new runway!
Surely, this can not be a viable consideration for tile Ic,)wa
City Airport urlder any circun\starlces~ The sooner the Coullcil
decides that Op[;ion 3 will not bf,' implemented, I;he s,;oc,ner Ole
C~lrl get aboLlt aLII' business 811d mal(s poslLiv~ things 11appen in
Iowa CHy!
I urgf~ [;he City COLlndl 1;0:, STAY ON TF:ACK! Eliminatr= Dptiol1
3, ~nnex the Menards site, and help build a better Iowa Cjty~
Signed
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UOTICE OF PUBLIC HEARING
Notice Is hereby given that a public hearing will be held by the
City Council of Iowa Chy, Iowa, al 7:30 PM on Ihe 5th day of
January, 1993, In Ihe Civic Center Council Chambers, Iowa
City, Iowa; at which hearing Ihe Council will consider Ihe
following lIems:
1. An ordinance amending Ihe Zoning Ordinance bychanging
the use regulations of certain property, known as Lots 13
and 14, Block One, Braverman Center Subdivision, located
on Pepperwood Lane east of Keokuk Slreet, from CO.I,
Commercial OIIice, to CC'2, Communhy Commercial.
2. An ordinance amending the Zoning Ordinance bychanglng
Ihe use regulations of a certain 15,1 acre Iract, known as
Pepperwood XII, and iocated east of South Gilbert Slreet
and west of Sandusky Drive on Cherry Avenue extended
from IO,RM, Inlerlm Development Muhl.Famlly Residential,
10 RM'12, Low Denshy Muhl.Famlly Residential, for 6.9
acres, andlo RS.5, Low Denslly Slngle.Family Residential,
for B.3 acres.
3. A resolution approving the volunlary annexation of a 19.53
acre tract of land localed easl of the Intersection of Sunset
8 Street and Highway One West.
4. An ordinance amending the Zoning Ordinance 10 change
Ihe use regulations of a 19.53 acre parcel iocated soulh of
lhe Inlersection of Sunsel Slreel and Highway One Wesl
from the County designations of C.2, Commercial, and A.
1, Rural, 10 CI.t, Intensive Commercial, or a combination
of CC.2, Community Commercial, and CI.l, Intensive
Commercial, upon annexallon.
Copies of Ihe proposed ordinances and Ihe resolution are on
fila for public examination In the office of Ihe City Clerk, Civic
Center, Iowa City, Iowa. Persons wishing to make their views
known for Council consideration aro encouragod to appear al
Ihe above.mentloned tima and place.
MARIAN K. KARR, CITY CLERK
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NOTICE OF PUBLIC HEARING
Notice Is hereby given thaI a public hearing will be held by the
City Council of Iowa Clly, Iowa, at 7:30 PM on Ihe 5th day of
January, 1993, In Ihe Civic Cenler Council Chambers, Iowa
C~, Iowa: al which hearing Ihe Council will consider an
ordinance amending Ihe Housing Code to improve Ihe level of
fire safety In existing resldontlal etructures and \0 ensure thai
housing oode requirements are In compliance w~h the currenl
H.U.D. regulations.
Copies of Ihe proposed oode changee are on file for public
examination In the office of the Clly Clerk, Civic Center, 10Vla
City, Iowa. Persons wishing to make Ihelr views known for
Council conslderallon are encouraged 10 appear at the above.
mentioned time and place.
MARIAN K. KARR, CITY CLERK
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF
,ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY
AMENDING SECTIONS 17-2, 17.5, 17.6, AND 17.7 TO
IMPROVE THE LEVEL OF FIRE SAFETY IN EXISTING
RESIDENTIAL STRUCTURES AND TO ENSURE THAT
HOUSING REQUIREMENTS ARE CONSISTENT WITH THE
CURRENT H.U.D. REGUlATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION 1. That Chapter 17 of the Code of Ordinances of
the City of Iowa City, Iowa, be, and the same is hereby
amended by Inserting the new definition 'fraternity/sorority'
to be codified the same to read as follows:
Sec. 17-2. Definitions
Fraternit~/sorority house shall mean a bUilding used as a
residence by a chapter of a fraternal or sororal non.profit
organization recognized by the UniversilY of Iowa. For
purposes of this code a fraternity/sorority house shall be
considered a rooming house. Occupancy classification for
Slate of Iowa Fire Code is 'dormitory'.
SECTION 2. Thai Chapter 17 of the Code of
Ordinances of the City of Iowa City, Iowa, be, and the same
is hereby amended by repealing Section 17-51iIllllc) thereof,
and enacting in lieu thereof a new section to be codified the
same to read as follows:
Sec. 17-5. Minimum structure standards for all dwellings.
(i) Exits.
Ie) MUltiple dwellings and rooming houses with an
occupant load of ten or more shall have access to
two (2) exits.
SECTION 3. That Chapter 17 of the Code of Ordinances of
the City of Iowa City, Iowa, be, and the same is hereby
amended by repealing Section 17-6(c!&(dl Ihereof, and
enacling In lieu thereof a new section to be codified the same
to read as follows:
Sec. 17-6. Minimum structural slandards for all rental
housing.
Section 17.6.lcl FIRE EXTINGUISHERS Fireextlnguishers
which are approved by the Fire Marshal shall be provided
within every single.family dweiling, dwelling unit within a
duplex, and dwelling unit wllhln a multiple dweiling. Multipie
dwellings shall have fire extinguishers located wllhln each
laundry room and cenlral mechanical room, except where
these rooms are contiguous they may be served by one fire
eXlingulsher. Laundry rooms and central mechanical rooms
which are equipped with an automatic sprinkler system are
exempt. The minimum size fire extinguisher is a 2A 10BC.
Fire extinguishers must be properly meunted and In an area
of easy access. Fire extinguishers with a classification less
Ihan 2A 1 ODC or laCking an ABC rating shall be replaced with
a 2A 1 OBC or larger unit by July 31, 1994. Reemlng houses
are required to have a 2A 10BC raled fire extinguisher
supplied In each floor level Including habltabie basement
areas and In each kitchen. Fire extinguishers supplied In
areas of public access shall be contained wllhln an approved
lamper.proof cabinet.
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Page 2
Section 17.6.(dl EARLY WARNING FIRE PROTECTION
SYSTEM All dwelling units, and rooming unils shall be
provided wllh smoke deteclors as approved by the Fire
Marshal. Smoke detectors shall be Installed in accordance
with the manufacturer's instructions. Dwelling unils shall
have smoke detectors located on each floor level, Including
basemenls. Multi.family and rooming houses shall have
smoke deteclors in each dwelling unit or rooming unit and In
common corridors and stairways. Smoke detectors shall be
operable a( all times and when actualed, the detector shall
provide an alarm for the dwelling unlt(sl or rooming unit(sl.
An owner or owner's agent of a multiple unit residential
building, rooming house, duplex or single family dwelling shall
supply Iight.emitting smoke detectors, upon request, for a
tenant with a hearing Impairmenl. New construction and
remodeling shall be in accordance with the Uniform Building
Code.
SECTION 4. That Chapter 17 of the Code of Ordinances of
the City of Iowa City, Iowa, be, and the same Is hereby
amended by repealing Section 17.7Iql&(gl thereof, end
enacting in lieu thereof a new section to be codified the same
to read as follows:
Sec. 17.7. Responslbllllies of owners relating to the
maintenance and occupancy of premises.
17.7.lql FIRE PROTECTION All fire extinguishing devices
and all eariy warning fire prolectlon systems shall be
maintained In good working condition at all times. All fire
protection equipment and eariy warning equipment shall be
, ,Ialnlained In compliance with the Uniform Fire Code, the
State of Iowa Fire Code, the Iowa City Fire Code, and
Seclions 17.6. (cl & Idl of the Iowa City Housing Code.
Buildings which are required to have an automatic fire alarm
system shall have that alarm syslem tested annually by a
qualified alarm technician to certify that the alarm system Is
in compliance with the current slandard of N.F.P.A. Standard
72E. Buildings which are required to have an automatic
sprinkling syslem shall have thai system tested biennially by
a qualified sprinkler system technician to certify that the
system is In compliance with the current standard of N.F.P.A.
Chapler 13R.
17.7.(gl EXITING Every means of egress shall be
mainlained In good condition and shall be free of obstruction
at all times. Fire escapes, exit corridors, exit slalrways, and
escape and rescue windows, and any other means of egress
shall be malnlalned In a good state of repair at all times. Exit
signs, emergency lighting, early warning systems and
sprinkler systems shall be maintained In good condition at all
times. Required fire doors shall be maintained self.closlng
and self.latching. Fire doors for slalrway enclosures may be
self,closing as provided for In section 33091cl of the Uniform
Building Code.
Fire drills shall be conducled once per academic semester
for all fraternities and sororities as approved by the Fire
Deparlment.
SECTION 7. SEVERABILITY. If any of the provisions of Ihls
Ordinance are for any reason declared Illegal or void, Ihen the
lawful provisions of this Ordinance are deemed severable and
shall remain In full force and effecl.
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Ordinance No.
Page 3
SECTION 8. REPEALER. All ordinances or parts of
ordinances In conflict with the provisions of this Ordinance
are hereby repealed.
SECTION 9. 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
MAYOR
ATTEST:
CITY CLERK
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January 4, 1993
To: Douglas W. Boothroy, Director of Housing &
Inspection Services
From: Gary Klinefelter, Senior Housing Inspector &
Andrew J. Rocca, Iowa City Fire Marshal
~:~
CITY OF IOWA CITY
Re: Amendments to the Iowa City Housing Code
The proposed amendments to the Housing Code are an attempt to elevate the level of FIRE
SAFETY for rental housing in Iowa City. The following text includes the revisions to the Iowa
City Housing Code proposed by Housing Inspection and Fire Department staff with Input from
the Iowa City Housing Commission. These amendments to the Iowa City Housing Code were
approved by vote of the Housing Commission December 8, 1992. New text Is in bold.
17,2. Fraternity/sorority house shall mean a building used as a residence by a chapter of a
fraternal or sororal non-profit organization recognized by the University of Iowa. For purposes
of this code a fraternity/sorority house shall be considered a rooming house. Occupancy
classification for State of Iowa Fire Code Is "dormitory".
17-5.(1).(1 ).(c) Multiple dwellings and rooming houses with an occupant load of ten or more
shall have access to two (2) separate exits.
Section 17-6.(c) FIRE EXTINGUISHERS Fire extinguishers which are approved by the Fire
Marshal shall be provided within every single-family dwelling, dwelling unit within a duplex,
and dwelling unit within a multiple dwelling. Multiple dwellings shall have fire extinguishers
located within each laundry room and central mechanical room, except where these rooms
are contiguous they may be served by one fire extinguisher. Laundry rooms and central
mechanical rooms which are equipped with an automatic sprinkler system are exempt. The
minimum size fire extinguisher Is a 2A 10BC. Fire extinguishers must be properly mounted
and In an area of easy access. Fire extinguishers with a classification less than 2A 10BC or
lacking an ABC rating shall be replaced with a 2A 10BC or larger unit by July 31,1994.
Rooming houses are required to have a 2A 1 OBC rated fire extinguisher supplied on each floor
level Including habitable basement areas and In each kitchen. Fire extinguishers supplied In
areas of public access shall be contained within an approved tamper-proof cabinet.
Section 17-6.(d) EARLY WARNING FIRE PROTECTION SYSTEM All dwelling units, and
rooming units shall be provided with smoke detectors as approved by the Fire Marshal.
Smoke detectors shall be installed In accordance with the manufacturer's Instructions.
Dwelling units shall have smoke detectors located on each floor level, Including basements.
Multi-family and rooming houses shall have smoke detectors In each dwelling unit or rooming
unit and In common corridors and stairways. Smoke detectors shall be operable at all times
and when actuated, the detector shall provide an alarm for the dwelling unit(s) or rooming
unlt(s). An owner or owner's agent of a multiple unit residential building, rooming house,
duplex or single family dwelling shall supply light-emitting smoke detectors, upon request, for
a tenant with a hearing Impairment. New construction and remodeling shall be In accordance
with the Uniform Building Code.
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17-7.(q) FIRE PROTECTION All fire extinguishing devices and all early warning fire protection
systems shall ba maintained in good working condition at all times. All fire protection
equipment and early warning equipment shall ba maintained in compliance with the Uniform
Fire Code, the State of Iowa Fire Code, the Iowa City Fire Code. and S~ctions 17-6. (c) & (d)
of the Iowa City Housing Code. Buildings which ara raqulred to have an automatic fire alarm
system shall havp that alarm system tested annually by a qualified alarm technician to certify
that tha alarm system is in compliance with the current standard of N.F.P.A. Standard 72E.
BUildings which are required to have an automatic sprinkling system shall have that system
tested biennially by a qualified sprinkler system technician to cartify that the system Is in
complianca with the current standard of N.F.P.A. Chapter 13R.
17-7.(g) EXITING Every means of egress shall be maintained in good condition and shall be
free of obstruction at all times. Fire escapes. exit corridors, exit stairways, and escape and
rescue windows, and any other means of egress shall be maintained in a good state of repair
at all times. Exit signs, emergency lighting, early warning systems and sprinkler systems shall
be maintained in good condition at all times. Required fire doors shall be maintained salf,
closing and self,latchlng. Fire doors for stairway enclosures may be self.closlng as provided
for in section '3309(cl of the Uniform Building Code.
Fire drills shall be conducted once per academic semester for all fraternities and sororities as
approved by the Fire Department.
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