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HomeMy WebLinkAbout1994-05-24 Ordinance ,.,', ',.;' ,,:, '~.- ", ~~~:. ,; .,.-.,.. """"\'.-.~...., . ~fl\ , <., ".0-7'":" 'f" (~)l',' ',' \ t' ." ..:.'-- ~ i I I f~' il , . ' ..;::,f , ~ ~ ': "l",~,"";','..' 'l'., , :" '"~I ~? 'r:' "" L_......,: 7"'""-"'- l,r ~", 0 ':l~ , ., , ,',' . , 17" """,\1.\. '..' , ", '., .t:,:',, .- ' ,'.':,'." ",-,--""-~""-'--",,,,,-. ' . '. ~ "'. . . , , ' , , ' .- " '-"" , . , ,'. , _,.' :._~__"....r~"~(;"~ ;';0: -'~,. '. ,-',::., :.,;,:.J~'-.i' ,"'",'-~;::..,....,~w".' L":....... .;.~.._~_~" ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING" BY AMENDING SECTION 36-18 ENTITLED "NEIGHBORHOOD COMMERCIAL ZONE (CN- 1)". TO BROADEN THE TYPES AND SIZES OF PERMITTED USES, PROVISIONAL USES AND SPECIAL EXCEPTIONS; TO ALLOW CN-1 ZONES UP TO TEN ACRES IN SIZE, SUBJECT TO SITE PLAN APPROVAL; AND TO ESTAB- LISH REQUIREMENTS AND GUIDELINES TO ENCOURAGE PEDESTRIAN AMENITIES AND NEIGHBORHOOD COMPATIBILITY OF DEVEL- OPMENT WITHIN THE ZONE. WHEREAS, the Neighborhood Commercial Zone is intended to serve the retail and person- al service needs of surrounding residential neighborhoods; and WHEREAS, the Planning and Zoning Commis- sion and Department of Planning and Communi- ty Development have identified retail and personal services which are appropriate in the Neighborhood Commercial Zone, in addition to those uses already permitted in the zone; and WHEREAS, it may be appropriate to increase the size of Neighborhood Commercial Zones from seven to ten acres in some locations; and WHEREAS, the Planning and Zoning Commis- sion and Department of Planning and Communi- ty Development have developed requirements and guidelines to encourage pedestrian ameni- ties and neighborhood compatibility of develop- merits within the Neighborhood Commercial Zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Chapter 36/ Article II entitled "PRINCIPAL USES AND REQUIRE- MENTS" Section 36-18 entitled "Neighborhood Commercial Zone (CN.1!" of the Code of Ordi- nances of the City of Iowa City, is hereby amended by repealing Section 36-18 and adding a new Section 36-18 to read as follows: Sec. 36-18. Neighborhood Commercial Zone (CN-1!. (a! Intent. The Neighborhood Commercial Zone (CN-1l is intended to permit the de- velopment of retail sales and personal ser- vices required to meet the day-to-day ;~, , , ,.. . , , , ' _ ....,__...,.._.,__.._,. """""",'"'~M"~,,,''''''''''''''''''_~'~_.N....W''''''' , ~~~ ~~ f'~ rM~d 5/Ji/ ~~~ , ' " .,,' ,; '.' .'. " ,'- - --------~--~-- ~ )'-',-.,'.-"...""...,,",......,..,," , " '" "'.'"..'..,,. , . ' ',::' ., O ,:." I::', , "':,,,,", ,,',',' ';.-,', I,"":";";'''' ,-\:..,;"" ,.',: " . .Ll:.-. ;", '. : ':,\.,;",:.:.'<~,'(".'."', ',:", ""'r,'_':--r,",'~;': i ,5, ",.' "",""; 0,;' , ,'.:;, , ' /1 "'..J",-,",, i ""'I ~'", ,'" ;" ..~ . t (!.::.~ \ ,~ i II~: II J ,~~': '" ~tt 1'[ ,.'i". " 1 .. C :,__~ ,;."1 '. " ~ ", ~ ' , . .,. " '.~ i,~I,~. ",", , . 'I' ".._._"--~,~,:",-,-,~:, " ... ,", ,/ , . " '. ,'," :,' ' , " ";" . . ._......;..;_,A..:.,\:n.:-:i,~~;;..'."-..,'.:..';.:.,;.:.".~"':,'~~,,,..~;;,;,=v.:.-, '..-.".,_~'";.,..__ Ordinance No. Page 2 needs of a fully developed residential neigh- borhood. Stores, businesses and offices in this ZQne should be useful to the majority of the neighborhood residents, should be economically supportable by nearby popula- tion, and should not draw community-wide patronage. A grocery store or grocery store/drugstore combination is favored as the principal tenant in a neighborhood com- mercial zone. In general, the CN-l zone is intended for the grouping of a grocery store and small retail businesses and office uses which are relatively nuisance-free to sur- rounding residences and which do not detract from the residential purpose and character of the surrounding neighborhood. The location and development of neighbor- hood commercial sites should follow the criteria set forth for such sites in the Com- prehensive Pian. (b) Permitted uses. ' (1) Barber shops and beauty parlors, laun- dromats, laundry and dry cleaning pick-up and delivery services, shoe re- pair services. (2) Copy centers. (3) Drugstores, florist shops and variety stores. (4) Financial institutions, branch offices. (5) Gift and novelty shops limited to 1,000 square feet of floor area. (6) Ice cream/yogurt stores limited to 1000 square feet of floor area. (7) Photo finishing services. (8) Retail bakeries. (9) U.S. postal station. (10)Videotape rental store. (c) Provisional uses. (1) Child care facilities subject to the re- quirements of Sec. 36-55. (2) Grocery stores, including specialty foods such as bakery and delicatessen goods, provided that the floor area of a grocery store shall not exceed 30,000 square feet. (3) Neighborhood super store. A grocery store which includes departments for goods and services permitted in the CN-l zone and is greater than 30,000 square feet but no more than 40,000 square feet. Floor area over 30,000 square feet shall be departmentalized for non.food products and services, -. . , j""':~'" , 0 I 1 ~('\ I' .., t} . :'.... .'1 ,', " I i I I I I , i , " '. ... ..._.._..,~...,.~,...~,..."""",~,, "..,"',~'_J,"',"',,,,,,~ ;, 0) \ ,'." I~~~ ,.......\' """"""':"'''''''''''''''''T:t5' ,,1o"''''! A ~,' , , " , , ., '~',-,;..;::! '," ~{ ,,'i .. -', ,~,,)..: : '"' , I;':", , :'-t" , ' ':"W.;;," , ~"" '.. :.' .~, " I" '1>'" ~ ,,",1,'_, ' ~. ". '')< , '.~_::..:.._;,;.".-,:..:.!..:'..:.._.--" ,,"", , " . .,.:._.;....~'"".........;.,.:,!,.[;.!~;:,,;..:.:,;.'..4:J:.:::;,:.:;.:d:.'.;.;.:.i~,;.~f.,;.;,..c.'.:.):.<J,/;:, ;'.~ :....' ~" ..:.::' ;:. ,f~>' ,:. ;;, :;.,; ~,~ " . ' '.. ~';"!..O\:j,;""...:u;! .:.'/"'c",;..(;_:...:....,A.;'".,.",,..=,=,. ,,; Ordinance No. Page 3 i , , . '-..j (41 Offices limited to dental practices, gen- eral medical practices, insurance agen- cies, chiropractic clinics, real estate agencies, travel agencies, accounting practices, and law offices, provided that: a. No office establishment shall occu- py more than 2400 square feet of floor area. b. The ground floor area of office uses within an area zoned CN-1 shall not exceed fifteen 1151 percent of the total floor area, either existing or proposed, in the zone. In deter- mining the area zoned CN-1, any streets contained in the zone shall be disregarded. c. The total floor area of all office uses within an area zoned CN-1 (including ground floor, second floor and below grade floor areal shall not exceed thirty (30) percent of the total floor area, either exist- ing or proposed, in the zone. In determining the area zoned CN-1, any streets contained in the zone shall be disregarded, d. The location of the building in which the office is located does not diminish convenient access to retail sales and personal service busi- nesses. (d) Soecial exceotions, (1) Dwellings located above the ground floor of another principal use permitted in this zone, provided the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maxi- mum of one (11 roomer may reside in each dwelling unit. (2) Drive.in facilities for financial institu- tions. 131 Filling stations provided that no part of the filling station site shall be located within 100 feet of an R zone boundary. (41 Offices, other than those permitted by Section 36-18(c)(4). which do not carry on retail trade activities and do not maintain a stock of goods for sale to customers except for those retail estab- lishments specifically allowed in this zone, subject to the requirements of Section 36-181c)(41a-d. ,;" " I. I' ...lJ:..,. (--, \ ~ \S .~ r:~~ I! ) , i ~. I b, \ j ~,'.~,.,,", ,I. !~'; " I";,,, ~'~ " '. " .- \ ~~"~~l~~"~"~':~';~~'"':""'.-""""'- J~" " ~,..: ~::,,'i,','.."-; .:' ,J,0';.2,:tj:':~r""~':,..,\,,"""'J""""!',,,,,:',.'.. "''1'''''",:' , /5\ 'f"d", uO.;, ."" ',"""" ",j ~i"f ,.,. ;", '",\" " -'i ;" '.L ("" \ \ ~ " ~ I Ib II ,"J "~/., ~n t ,}t;'.:, 0: . L_ ~ro .. ." ,'~"I' .;.', m ",:'.'-J~=~::" " .. " '< :.~t\; 'I'" , "",./ , . ~ ,.- '.. _____"~,., "4 ._~:.~:_~,__ . .' ::" .' , . , ' " ", '- .,.. ,. _"." _:..,,_: ",~',.." "...,~",' 'A'~'" '-;u"'~"'""'!' ,~',",:~ '''-'_'' ..~''',,,....~. .......__~._. ___ Ordinance No. Page 4 15) Religious institutions. 16) Restaurants. 17) Schools - specialized private instruc. tion. (e) Dimensional requirements. 11) Minimum lot area: None 12) Minimum lot width: None 13) Minimum lot frontage: None 14) Minimum yards: Front - 20 ft. Side - None Rear. None (51 Maximum building bulk: Height. 25 ft. Lot coverage - None Floor area ratio. 1 (f) General provisions. All principal and acces. sory uses permitted within this zone are subject to the requirements of Articles III and IV. Said Divisions and Sections are indicated as follows: (1) Accessory uses and requirements. See Article III. a, Permitted accessory uses and build. ings. See Sec. 36.56. b. Accessory uses and building regula- tions. See Sec. 36-57. c, Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36.64. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b, Tree regulations. See Division 2. c. Performance standards. See Divi- sion 3. d, Non-conformities. See Division 4. (g) Special provisions. (1) In no instance shall an area zoned CN-1 be less than three (3) acres or more than ten (10) acres. (2) A plan showing the general design of the proposed development must be submitted with any rezoning that reo suits in a CN-1 zone greater than seven (7) acres in size. The plan shall include provisions for landscaping, screening and buffering between the proposed commercial development and adjacent " '_: ','0' . '1:,:,:- "\' :- 'I~' , " "'. , "', , ' . .'.'.'.', "_-"",--,,,_~,,,,,,,~,,"""''''''''''~"'-''''~..-,".,,.. -,..,,,,""...... r I I I B" @ .. I~,~ , ", ),..,,",.......,.,..., ",""""".', . ' , . . ' " " .,~~,>, ,;\\:\","::, , "':"'"7:I;'~T",~~;::' ,25 :.8,."0'..'1, '.' U, ':,\' .,,<',' ,-,",,"j,,' ~ -':--"',~,' . j!i!i'2T..l{, ~ . . ".," , ',' , .."~,~,,,..,'-._. '.--.-. ~ I I I I I It \ ........., " ~.t,I;/i f! .' . f(~' ill * r ' ,~ I'" lo.._'''-;\' :~ . ".:'.,., . "h\t,','" . "",',1 ." , l.',." h'..'~~."j~~:._, _,,' :t~~;~~~~~",_.~~"~'MM'~d ." 'i' ,'..' , .' . ,. ,__, _...._..._.,.....;..~._..........,............'>~._'~o--_...~....,~ . '\, " . ',,' .' , ,.,.._ ~ ,,'~'~."'_,;..: ~,;..:.;. ~,:,.:.~.:.:;:i;;::;o~..,~U...;;~'."'~~"....',:..,...;~., ~--:.__~.._._ Ordinance No. Page 5 residential zones, and building eleva- tions. Ih) Desiqn Provisions. 1. The following design provIsions are intended to help insure that this zone devel- ops in a manner which is compatible with adjacent residential neighborhoods and which encourages pedestrian access to the zone and within the zone, 2. Prior to receiving a building permit for any development, a developer must submit a site plan which complies with the require- ments of Chapter 27, Article III "Site Plan Review". Prior to submitting a request for site plan review, the developer shall partici- pate in a pre-application conference with the Director of Planning and Community Development to discuss the application of the design provisions to the subject proper- ty. The following design guidelines will be applied during the site plan review process, in addition to the design standards set forth in Chapter 27, Article III. Alternative de- sign solutions may be approved if it is demonstrated that the alternative meets the intent of this section. (1) Bicycle parking facilities shall be locat- ed in convenient areas of the develop- ment and shall be located so as not to impede pedestrian or vehicular traffic. 12) Modular masonry materials, such as brick and concrete pavers, or gridded cast-in-place materials, such as exposed aggregate concrete, are en- couraged as paving materials and ac- cents in order to define pedestrian walkways and to improve the appear- ance of paved areas. 131 Pedestrian access to adjacent reSiden- tial areas shall be encouraged through the provision of sidewalks in addition to those located on adjacent public streets where appropriate. (4) Pedestrian access between the uses located in this zone shall be encouraged by the location of sidewalks and other pedestrian-designated routes. (5) Parking lot layout shall take pedestrian circulation into consideration- pedes- trian crosswalks shall be provided, where necessary and appropriate, shall be permanently designeted with materi- als such as textured or brick paving, \ ,O~'_h.),":;,J7':':""";':'" , ' , ". .. ,,~' , ' :,;- , ' ' " ',~' , , ' "",:.,.- - . ,.,' r 1 , l , I~,~ ',- ':,''', ,T, ,:,; ;. '.: ~1: ~..; ';"'-;::''''~'T''?~'':'-;''/:';~'','; , ') r;,;,; .. wi I'D. '," ..,:;.::::,\..1 ",r ,..'.j:: ' ~'l ,"~ " ;. ~.i.;..,.~"':"~"'''''''' '" ", ,....':"':'i . r '., (~\ ~ l ~ ~",:, ':..I.',~ .- I' , I . I , , " , ' I Ib ~ ."Wt , " . , .:r~"'--"~' -:',' " . ".I> , f' . ~ .... " , " ~t:'\.!; ~ , -,:-', '~, '.- ... .' ',', '," ,'" ~:.L~~~:~~...___.. ---~- ,',.. ' ,>.' ,;;, , ,.. . :~ , " '0,. . , " ...'- ,;_, .:....::...:.,....,..";,.".'-""',, :;;~:.:.;1~'~j'~.::',i.;,:".. :....,~',::..;,.;;~:,,,.~..co.! :;":,:..!~,;,~~':",:,_"i A',.:;. ,';,:;: ~~,' ~ , ' '":~,,,:,,-,';,';"";''''.'-.:;~'J,,,,,-.,;,~'';.''''.W.-i,...i.,'~.:;.,_', ,=,.,=-"":t,,. Ordinance No. Page 5 and shall be integrated into the wider network of pedestrian walkways. Pavement textures are encouraged elsewhere in the parking lot, as surface materials, or as accents. (5) The ends of parking aisles shall contain landscaped islands, (7) Areas which are not used for vehicular and pedestrian access or parking shall be landscaped. (8) Buildings in the zone shall relate to one another, both functionally and visually, and shall encouraqe pedestrian activitv, A development with multiple buildings may be organized around features such as courtyards with trees, greens or quadrangles. 'NhisR eRseHra€j8 ~e~e6tri an 3sti'/ity. (9) Buildings shall avoid uninterrupted wall or roof planes. Building wall offsets, including both projections and recess. es, and changes in floor level shall be used in order to add architectural inter- est and variety, and to relieve the visu- al effect of a single, long wall, Similar- ly, roof line offsets shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. (10)Blank, windowless walls should be avoided on the fronts of buildings. Where the construction of a blank wall is necessary/the wall should be articulated by at least one of the following methods: changes in plane, building material or color. (111Air conditioning units, HV AC systems, exhaust pipes or stacks, elevator hous. ing and satellite dishes and other tele. communications receiving devices shall be screened from view from the public right-of.way and from adjacent proper- ties, by using walls, fencing, roof ele- ments, penthouse-type screening de- vices or landscaping. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. I~" , 2"=,L_ - '., = """'",, '.' , 0 ,''-:,',;,:-, ,~>, " j, '.,....."",."....,'",\0':\","".."",."',.,,.,, ,..'..."lM"'.,. ;,'~..".,',: ,,,'/'~;.:':","';':"\ \'\', .,') ''''''''. '," "''''>'''''~'':'''''''j~:'5';\ ",""," ")" " ,,,,,.,., :'j."..,;',., "'" "',~" '" /,'" l .. "1''''''1, 0' , . ~, " : , T' ,,' " , ' .,:,:""\,,,"1';'::', ..,....-..., ., ,'. 'i\:,"',1, ~" - . ., . , ,'-:-1 'r,! l,o\ i r-"\: \ \ ~ ,~- ( l ,t) : I I~ , , , i .~ \ l ~b,~ 'J1f - L~~ {"C ,,>>-- "~I' 0 .~ ,"'\ ''''.,. , -- , .' " . ',"., :~h"': -',',,:\1'1 " '\:":, . __,...:.._~.~:f..~~':""'...._ _ .. rri~lw... : ' .;. .,' -, 1 ~, , >., ,: ,;....,.-:........,....,,-'!~l>;:~ L. ~t..::;. ,,;,,;: ~.':,"'" .',;";;.~~;,,..:'::",::':..;J:::,.;~;,;';, '~':.~:"j,',"l;.-.;:. Ordinance No. Page 7 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office ppdadmln\cn-1zone,ord - .- ']'..,.,~,'~:':.:' " ' '! ~ I::,' , ,~., ...-:f~ , ' ,,',:, , .,0, ,\~' , ,'.,.'" ~.. ..,:' '~-'''~:'''.. :.:,-_:..\',,,,,':''-'; '" ,.. . ' ';':',~j;.'.';\:I.'J~"~',;"">'~""",.",-,,,' I I~" ","''".':'<'I\;';::~' ,;;:,:' '~:.;:,'r"~~,\~)':'l, ::'?'~TJ':'r"'"':""'~:: 1,\ , ' '),5'" '" . ' I' "", ,1"0:" "","1'<-" - ", ..:: ' r~' " ~' i .,,' "-",'.,-'._" ~~\' "( ?':-. .C; ("." ' \\ \ .. I I , I I I ! I ' I I It' i ":;,\ . I ~cd) " ", ' (, "I';':': " "."," ii '(Ii'. \' " i"f(& " . 1, l L_: ,ie"., 0 " , 'r, " '..." \; " ~' . :,;1 " "t" " "\\l,:t '" . ;\, . 1 , ..,i.. . ,.'..:::.'~:;,,:'_:,!., .';-i,:',.',':,~'_",-_.:.,': .~'~__;;',:'. ' " . _ :,~_ _>L:'~_ u ' " _ _, __;~c..,," ,,~"'C:I.'h' :",:'':'c~Y,.l~,.'.c:!.';'-':'',;i:.':'.:",':',:~''.: ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING" BY , ME~JlJING SECTION 36-18 ENTITLED " EIGHBORHOOD COMMERCIAL ZONE (CN- 1)" TO BROADEN THE TYPES AND SIZES OF PER ITTED USES, PROVISIONAL USES AND SPEC L EXCEPTIONS; TO ALLOW CN-1 ZONES UP TO TEN ACRES IN SIZE, SUBJECT TO SIT PLAN APPROVAL; AND TO ESTAB- LISH RE IREMENTS AND GUIDELINES TO ENCOURA E PEDESTRIAN AMENITIES AND NEIGHBOR 00 COMPATIBILITY OF DEV OPMENT WI IN THE ZONE. WHEREAS, t e Neighborhood Co ercial Zone is intended 0 serve the retail a person- al service needs of surrounding residential neighborhoods; an WHEREAS, the Pia ning and ning Commis- sion and Department 0 Planni g and Communi- ty Development hav id tified retail and personal services which e appropriate in the Neighborhood Commerc' Zone, in addition to those uses already per itt in,the zone; and WHEREAS, it may e appr riate to increase the size of Neigh rhood C mercial Zones from seven to te acres in som locations; and WHEREAS, t Planning and Zo ing Commis- sion and Depa ment of Planning an Communi- ty Develop nt have developed re uirements and guider es to encourage pedestri ~meni- ties and ighborhood compatibility of velop- ments ithin the Neighborhood Com rcial Zone. N W, THEREFORE, BE IT ORDAINED BY T E CI COUNCIL OF THE CITY OF IOWA CIT I WA, THAT: ECTION I. AMENDMENT. Chapter 36/ Article II entitled "PRINCIPAL USES AND REQUIRE- MENTS" Section 36-18 entitled "Neighborhood Commercial Zone (CN-1)" of the Code of Ordi- nances of the City of Iowa City I is hereby amended by repealing Section 36-' Band adding a new Section 36-' B to read as follows: Sec. 36-' B. Neighborhood Commercial Zone (eN-'I. (a) Intent. The Neighborhood Commercial Zone (CN.') is intended to permit the de- velopment of retail sales end personal ser- vices required to meet the day.to.day '''- "0 ';j";',-,;'>:" ','.' "",,' I,,':' '" ",,':,',;> ,:t .' ,':: :",,"": '-', , "\' '::~':~:::I ,.::~:t::: ~':'~~\~ -':;,"~~T::::'~';'~ ,',,' 1,5 ,:''I'[} 1M........"" .' V'~-1'Il - "~' . , , .... . ' ,~~~ """i.,',.',,, ;", " i' .. ";"'" m.!!~~t;rf~ ',,_ A' " i ,- J (-. \ " \ ,-"" r;:J.;; ! ~ I I : I J ~-" 1 ~"'" ~;', ':, !:~' . . ([ o ~::i '~'l" "'\) T " .~ . ,',"\. "t' .',:',\\1' '. .,,, , ~.~' - .. ','..:' , , t' ' . " , Ordinance No. Page 2 needs of a fully developed residential neigh- borhood. Stores, businesses and offices in this zone should be useful to the majority of the neighborhood residents, should be economically supportable by nearby popula- tion, and should not draw community-wide patronage. A grocery store or grocery store/drugstore combination is favored as e principal tenant in a neighborhood com- m rcial zone. In general, the CN-l zone is inte ded for the grouping of a grocery store and all retail businesses and ofiice us which re relatively nuisance-free t~ r- roundin residences and which do not detract om the residential purpo and character f the surrounding neighb rhood. The locatio and development of eighbor- hood comm cial sites should allow the criteria set for h for such sites n the Com- prehensive Pia (b) Permitted uses. (1) Barber shops nd bea y parlors, laun- dromats, laun ry d dry cleaning pick-up and deli er services, shoe re- pair services. (2) Copy centers. (31 Drugstores, flo 1st stores. (4) Financial ins' utions, ranch offices. (5) Gift and 110 Ity shops ited to 1,000 square fee of floor area. (6) Ice crea yogurt stores Ii square et of floor area. (71 Photo lIlishing services. (81 Retai bakeries. (91 U.S postal station. (101Vi eotape rental store. (c) Provi anal uses. (11 hild care facilities subject to th quirements of Sec. 36-55. Grocery stores, including specia y foods such as bakery and delicatesse goods, providad that the floor area of a grocery store shall not exceed 30/000 square feet. (3) Neighborhood super store. A grocery store which includes departments for goods and services permitted in the CN-1 zone and is greater than 30,000 square feet but no more than 40,000 square feet. Floor area over 30/000 square feet shall be departmentalized for non-food products and services, - --: )..."",.,,',...\',. , ','. .....",,'.', "~>.. :?'.'",'. .,'\ ",,, ,,: ,0' '"',,,' ,:';,...'''' ',,''''',' I , I .- " .,.. . ,', "..',..:,'...',:'.. ,:~'.,-,_:...: .',.., i I I 1 G ',I " J~" ,~~, ~,'~: I;. ~1,'.~':' ':?v,": :':'" <I: :r~ r~..'<~l": "," '; 5' .d.' , :'I".'.,:",',.,i'." '0' , ,.- " ,'<' . >: " "...,',.,-"" ..'" '.'",;' ','--, '~,' ~'". ".;""':''''-' (~ 'l " " (~\ \\ ~,;,~: IiI i ~ : I i I ; I , I I r. i I .~ 11"1'" ., f~l:'\ '," ;':!:", ._...~ ICO rv-v j'l ~..,: ' ..'.,.. . = ',' ...." 'T ,. " .. " ',< . ':~~\ '.:, '. "\'<< ., ',",,, ':1 _..,,','::'w.:.~:/;_::..., " ~ Ordinance No. Page 3 (4) Offices limited to dental practices, gen- eral medical practices, insurance agen- cies, chiropractic clinics, real estate agencies, travel agencies, accounting practices, and law offices, provided that: a. No office establishment shall occ py more than 2400 square feet f floor area. The ground floor area of office ses within an area zoned eN-' s II not exceed fifteen (151 percen of the total floor area, either e 'sting or proposed, in the zone. n deter- mining the area zoned N.1, any treets contained in t zone shall b disregarded. c. Tn, lotal floor are of all office use within an ar a zoned CN-1 linclt ding groun floor, second floor nd below, rade floor area) shailn~ t exceed hirty (301 percent cf th) t tal flo' r area, either exist- ing or papas d, in the zone. In determinir ie' area zoned CN-1, any street ' 'ontained in the zone shall be dis garded, d. The locafon' of the building in which th offi is located does not diminish onve 'ent access to retail sales ld perso al service busi. nesse . (dl S ecial exce ions. (11 Dwelling located abov floor of. nother principal In this one, provided the nsity does not e eed one (11 dwellil) unit per 1800 square feet of lot areo, maxi. mum of aile (11 roomer may reS'de in eae dwelling unit. (2) Dri e-in facilities for financial ins' u- tio s. (3) Fil D9 stations provided that no part 0 t filling station site shall be located ithin 100 feet of an R zone boundary. (41 ffices, other than those permitted by ectlon 36-18(c)(4), which do not carry on retail trade activities and do not maintain a stock of goods for sale to customers except for those retail estab- lishments specifh:ally allowed In this zone, subject to the requirements of Section 3ll.18(c)(4)o.d, ,",', ,-,' ,,-,,0,,:.' ~~, '),',",~,':.,,'\:"" ",r' ,':;' . :>: , ~ "". .,.. . '.-, , "",,,.'... ".' '.. ,',::~) -.:',;...,>".'~,..,'C; , . I~~, .;': J' ,',:,'-:, l-', "~,~:;' ,-,.. .:~ r~.r~'-';\ :15' '.1'0. ",',," '., ,~, '" '.. , '\ ,:' ;~' , .", \ . ",",\ ,: '.:,~i~,'\"li . ,,' ," , ., ....',.. ", . '.1 '&m' .-"',,:;.\" ), ,,", , ,l~' I "I ..,;' . , I,' " -, f" {, ., . '. . :",1"" , ::'. :,' , ,~,.:,::'~ ::~,~..;:.,... .~",c~:,:i...,~~. r....~~'..l:.:";~ ~J,";.(\~,,'_~.~\.~':.:.~,!.:.;:<.".;.),:i:~:2;.'1 ~.;:u.__,.-J,. '" , ~ ' ' ,__,~'; ,:'~,:,~',";':". :.'~1.' ',,~: '~;:"L' :;.:;':;:.' ~:~ ;.,:!~;,'c~I.:''''-':' :-'.',""':;:'::'~"~,.'",. Ordinance No. Page 4 i I I 1 1 ", (5) Religious institutions. (6) Restaurants. (71 Schools - specialized private instruc- tion. \ (e) Dimensional reauirements. (1) Minimum lot area: None \ (2) Minimum lot width: None \ (3) Minimum lot frontage: None \(41 Minimum yards: \ Front - 20 ft. Side - None Rear- None (5) M ximum building bulk: H . ht - 25 ft. Lot overage - None Floor rea ratio - 1 (fl General ro 'sions. All principal a d acces- sory uses pemitted within thi zone are subject to the equirements 0 Articles 111 and IV. Said 'visions and ections are indicated as 10110 s: (1) Accessory use and re irements, See Article III. a. Permitted acc ss ry uses and build- ings. See Sec. 6-56. b. Accessory us nd building regula- tions. See S c. 6-57. c. Off.street. arkin requirements. See Sec. -58. d, Off.stree loading See Sec 36-59. e. Sign re ulations. See f. Fence regulations. 36-6 . (21 General rovisions. See Article IV. a. . Di ensional requirements. See D' ision 1. b, _ rea regulations. See Division . erlormance standards. See Di i- sion 3. d. Non-conformities. See Division 4. (g) Sec' al rovlsions. (1) no instance shall an area zoned CN.1 e less than three (31 acres or more than ten (10) acres. (2 A plan showing the general design of the proposed development must be submitted with any rezoning that reo suits In a CN.1 zone greater than seven m acras in size, The plan shall include provisions for landscaping, screening and buffaring between the proposed commercial development and adjacent ,";' 1 , ,.....-.... (~~' ''\l' \"\ t}-,,\ I \1 i ~ Ii I I I , i ~, I f; ll) 'r' i~,'_"/,;; "II' . " l!1 1\\1 ~ , t.. I ",.' , , " l,..--"'-1 " ;([:~;L' _ ., '2.2.':::':' ,"'., ',..",,',~,....,,'.',',' .,2.".,'..',.,.,...... """.." ",' '.' ',",: , ~~ I~" ,:~ ,.,0,"; :""'\,.:~E.;:;..",':''''..':'\'..,\:rc,,:y..;;'' ""p"'r:'z:::'~' .. ",:",..~ "",. ~,~~.)(,:.':.)::,>, . ; " ,', . " ~,~ :,'.' 1,.-",-","',., , ,,"" . '0, , " '," ,,/, , .. ,I",,~," I '", '. ;, ,~ liilmh"':l '; " n,_'....,.>. ',! >.; <, ..#--.... .f. [:..<\' '\\ , \ " ,.. ,":-", , . ,I ~ I I I I I I I I' b I' , ,I I i l J ~.j I " , 1 ' ~.'.I~",;~,~"i lii .- .~ (,~ '. ;1,[,,: , ,~- \CO f' Y:l '._Il..c:.w 0, , " "'. , ,':t ;\'~'. " "", ,"' , j.." . ~, '~..' . '_'_~~'~"I~":i.:~;:.~~.c, . .. ..... ','~ ,or," . '.~' , , "' : ._._. c-,;:_....:.~,^,..,.-'.-;" .,~~'.:.,~~,:.:.'..:','",~~:.;:i::;:..;:o ~;J.:.:.:~.~' ;;'. :~',^~' ;,;,~:.:..",,,"~,, ,."',0' ~ L" ..", '.. .,,',:i:.', ,~,,_' :;.:... Ordinance No. Page 5 residential zones, and building eleva- tions. 111) DesiQn Provisions. 1. The following design provIsions are intended to help insure that this zone devel- ~ps in a manner which is compatible with a jacent residential neighborhoods and w ich encourages pedestrian access to the zo and within the zone. 2. rior to receiving a building permit for any velopment, a developer must submit a site an which complies with the require- ments Chapter 27, Article 111 "Site Pia Review". Prior to submitting a request or site plan r view, the developer shall pa ici- pate in a re-application conference with the DireclO of Planning and Com nunity Development to discuss the appli tion of the design pro isions to the subje t proper- ty. The followl g design guide!' es will be applied during th ~iteplanrev' w process, in addition to the esign stan ards set forth in Chapter 27, Ar 'cle, 111. Itemative de- sign solutions ma be a proved if it is demonstrated that e temative meets the intent of this sectl . (11 Bicycle parking fac Ities shall be locat- ed in convenient e s of the develop- ment and shall bloc ted so as not to impede pedestri n or hicular traffic. (21 Modular maso ry mat ~rialS' such as bric~ and cc rete pave s, or gridded cast-in-plac materials, such as exposed a reg ate concr le, are en- couraged . paving materi s and ac- cents in rder to define edestrlan walkway and to improve th appear- ance of aved areas. (31 Pedesti'an access to adjacent riden- tial ar s shall be encouraged th ugh the pr vision of sidewalks in additi to thos located on adjacent public stre ts whe e appropriate. (4) Ped strian access between the use lac ted In this zone shall be encouraged by he location of sidewalks and other pe estrian-designated routes. (5) Parking lot layout shall take pedestrian circulation into conslderatlon- pedes' trian crosswalks shall be provided, where necessary and appropriate, shall be permanently designated with materi- als such as textured or brick paving, ,~ .- j,',..e'-"',."..,,...,' , I ,', ,,~"~C\,., ' ..,.;0",,:.:: /;\"" ~'," ."..,', ',,,. ;;.r';' :~;;; ""'1";':':'."''';''',''''''',,:0,' '\ " . ',' ~ ,,,:,;;.~~";\'_"',"'_"<>4....,'.,., I~,~ ""':':'1"'-"':',:\" )5",': .. , 1 '.; " "'. \'".', I I ~ 1..1(; 0,: .., .,":.,--' -, -,.',:.\: '. fI' " ~: ,'..,. ..-...,..... '.;;: " ...,-,,. ,~' ." " r ,...' r\ \ ~ rM"" ;~\ t I , 'I I ., II ! I i I I, \,,[1.: "~' . ,.J ',""", __ ;1, )" "'-~:'" 'I;' ' ~li!,'.' !~ ~' , ,.~, L " -....\ 'II .1"'1; ,',-"" (~;"-o~' .........,' " ,,,, , ',';'. ~f\~'t , "I, . .','.-, . :....-.-.;' -~"-'-'~'~~--,,~.. -_l.'~ ' ",'.,,-~ .' :1 "". ";, . Ordinance No. Page 6 and shall be integrated into the wider network of pedestrian walkways. Pavement textures are encouraged elsewhere in the parking lot, as surface materials, or as accents. (6) The ends of parking aisles shall contain landscaped islands. (7) Areas which are not used for vehicular and pedestrian access or parking shall be landscaped. (81 uildings in the zone shall relate to on a other, both functionally and visual . A evelopment with multiple build' gs ma be organized around features uch as c urtyards with trees, gre ns or quadr ngles, which encourage destri- an acti ity. (91 Building shall avoid uninterr pted wall or roof anes. Building all offsets, including oth projection and recess- es, and ch nges in floor. level shall be used in ord to add ar itectural inter- est and varie y, and t relieve the visu- al effect of a 'ngle, I ng wall. Similar- Iy, roof line off ets hall be provided in order to provid rchitectural interest and variety to th massing of a building and to relieve effect of a single, long roof. (10lBlank, wind less walls should be avoided on the fro ts of buildings. Where the onstructio of a blank wall is necessa , the wall s ould be articu- lated by t least one of the following method. changes in pi ne, building materia or color. (11 lAir co ditionlng units, HV A systems, , exha st pipes or stacks, eleva r hous- ing nd satellite dishes and otn r tele- co munications receiving device shall b screened from view from the p lie ri ht-of-way and from adjacent prop r- les, by using walls, fencing, roof ele ments, penthouse-type screening de- vices or landscaping. ON II. REPEALER. All ordinances and par of ordinances In conflict with the provl- slo s of this Ordinance are hereby repealed. J_~_ ~-, ,'" ""0' .,",,:j:', , . "''''}:'''\'', .~~. '1 ],."...".."...,..,..." "...'...' ......::k,"'" . ".' , ' . \ .' -, , , .,., . " ','. , . , 1~'4 ..'..\".,.' ..:",:,~~"'; -,' '" ,", :I~: .'.' .' " , '. , ;0~ \ \ ~ I' i i ' ; ~ , I If; ~ ) '~., i'" ;~, ~ii lt~ 'C" .....- I 0 .~ . '."" -----_.----.:.. ,', '. .,/\':-:- ' "",tw' ~ ,', ~.'~ ',' , . '~,~ , ,,"__,..__...~...~'......".:.4~~~.. r~-- ~='? '.. . "., ,,~' ';i" ~ , . .,.. ".' ' ' "~ ' . . , ,0, , " " ,", " ' ~ .;,., ":'.. ,.'._~ .' ~ -:'. '.....""''' ,,>::::..~.:. "~"~,,,,,,: ~J:',':',~,;:':"i.:,.-.-...;;i.~'" ':'S. ; ,~,;:,_'t:':''-':'~''J''','''''. ::' ,,'! .'.'.'"".......'.'" :;;:'.".:.",;;,j;-<.,tJi9.., ".;,.-;"":",,,;r!..,,;'_,,_,:.,lJ:,~-'..';" [,,'. Ordinance No. Page 7 SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, su~ adjudication shall not affect the validity of tie Ordinance as a whole or any section, provis'on' or part thereof not adjudged invalid or unco sti- tutional. SECTION IV. EFFECTIVE DATE. Thi Ordi- nance shall be in effect after its final assage, proval and publication, as provide by law. assed and approved this MAYO ATTEST: CIT CLERK ppdadmln\cn-lzone,ord I.,' . 0', " ;", , , " I / I~,~ ','I , o' ...,'''','\.\.;:.::':;,: '.'"...':"':'.,",...,,,.:,...-,,,'.': ,"", ;",-,:" ,~';,i~;}'"',",,. ' " '~"" ' ", 'fti, ":,,,,:,.[,..,,,",1:',,,, ;":;;"1':"""", . "it. :.: ~'....? ?8:9T:! ~t\\ . , , -' . '~t \ , \" .. \ " . 2, . City of Iowa City MEMORANDUM " _.~ , I ...\ r ~..\ \ 'I \\ '\ . ,,0 i, ...- , ' rJ i , I" ! i, , i I , , r, I . j \~~.:;, VI , I,t,. '''(',!1~".,~, ~ ~. ~;UI,)1i ll"-,I'..... :':'f';'J;i'IM , I"'. " , L~,...,. ,(C~,~ Date: April 21, 1994 To: Planning & Zoning Commission From: Robert Miklo, Associate Planner Re: Amendments to the CN-1 Zone Staff has prepared two drafts of amendments to the CN-1 zone. Version A allows office uses to be developed within the zone as provisional uses. This draft does not restrict the types of offices allowed in the zone, nor does it require a special exception from the Board of Adjustment. Version B varies from Version A in that only certain offices are listed as provisional uses, There is no restriction to the number of these offices that can be located within anyone CN-1 zone, provided that no more than 30% of the square footage of buildings within the zone is devoted to office uses, Offices which do not appear on this list would require a special exception. With the exception of these differences, Version B is the same as Version A. Both versions include a provision for CN-1 zones which are up to ten acres in size. These provisions require that a site plan be reviewed by the Planning & Zoning Commission and City Council for CN-1 zones which are over seven acres in size. Staff feels strongly that there is a need to review any office which is not clearly intended to serve a neighborhood clientele. If a list of appropriate neighborhood office uses is not included in the ordinance, the Building Official would have to decide on a case-by-case basis, whether or not a particular office use is appropriate in the CN-1 zone. This type of ambiguity can lead to inconsistent implementation of the Zoning Ordinance. That is why in all of our zones a list of permitted uses, provisional uses, and special exceptions is clearly spelled out. Staff would not recommend that the CN-1 zone be open to all office uses, as allowed by Version A. The City contains several zones, including CO-1, Commercial Office; CC-2, Community Commercial; CI-1, Intensive Commercial; CB-2, Central Business Service; CB-5, Central Business Support; and CB-10, Central Business, which allow any office use by right, with no requirement for a special exception and no restriction on the percentage of square footage within the zone that may be devoted to office uses. When originally proposed, the CN-1 zone included no office uses. It was intended to serve the day-to-day needs of surrounding neighborhoods. As we amend the CN-1 zone to allow more unrestricted uses, it becomes more similar to the CC-2 zone and may lose the neighborhood character which was originally intended. For this reason, staff recommends that Version B be adopted. In terms of size of the permitted offices, staff believes that 2,000 square feet is more than adequate area for an office that is intended to serve a neighborhood function. Real estate development statistics generally indicate that 200 square feet of office space including common areas, such as conference rooms, copy centers, hallways, etc. are needed per office worker. Based on this statistic, an office of 2,000 square feet can accommodate approximately ten office workers. There are few types of offices which cater to a neighborhood, that would require that many office workers. )~'b '.. , : ~ 0] ,.. r"~ ' ~ ~,!: " i ~, 11, i: l' ,1 ,'J ::,} I;' ;1 ~ tl 1& ul ~; ri ~, 1.1 .' I l.l , J f ~! I , . t. i..J , " )\~ >\ ;'lb " 90 '_"',_n:\ j~1"l!}!f. ";," " " , "',.-\ . :',' ~, , ,.",,;!,tw:;' ;~' ., : '.' '.. . ,. :1', -:\ '", '. ' '., , -';~, ..,. . ,': l , .',' .~.",.>,.. ;"" _~;,': '~" : ~,.!;:^~. ~';J.~.:~ ~~{C~',~_,_._,_ ~'; '" ~_~~;, ,:. '-==1.L~~t",~~'~::,:..;~~:;:,,;,;.i..~:.;:~,..:i~;;l~;~:,,'L,:::.;~: e~ _:.::.;~:l~,:,~'",,:.i~:~~: r r"'\ \ ~ I. r I I ~ I " \ ~, ' \-;,~ ~ ,', !lfl ~"/' ~', ~}' " " ~ , !II ", f,,: '::, ~ ! ......" 2 For comparison's sake, the City Council Chambers contains less than 1500 square feet of floor area, and the Senior Center Classroom, at which the Commission conducts its informal meetings, is approximately 800 square feet in area. An office containing 2,000 square feet would be about 2.5 times larger than the Senior Center Classroom. Dental and medical offices are exceptions to the 200 square foot per office worker guideline. Previous research in dental trade publications indicates that a 2,000 square foot office is adequate to serve the needs of one or two dentists and their support staff. Attached are articles from Dental Economics which describe dental practices which are located in offices of less than 2,000 square feet. Staff Recommendation: Staff recommends that the proposed amendments to the CN-1 zone as drafted in Version B be approved. Attachments: 1. Draft revisions. Version A. 2. Draft revisions - Version B. 3. Articles from Dental Economics. ~~ Approved by: Monica Moen, Senior Planner Department of Planning and Community Development bc5-4 J~'~ '~':"'~-" ,,-=~,-, ' j, ''",'','''''.,..'n'''..'~-...~_.....,_..,....- ---"""["'''''' '.':, ',:':,:,,";':\';':':,' !-', "',.',\< I.,"",' 1,;,./,:.;;:;,,( ,.:,,':,: ,:,.;'; ("'?,"'''~',': ,"'" C,: ' , 'J" ,I',;;,;' ,)1/" ,': ", " " I',"",,'.,) ,,:'. '," ., '," . :((", , ..- 0" .. ,~ ' ' , --,.,----,----,------_. ,,'::: :'!i"',. ,',)>9,'" ,';,..-, ';" 'I I ",..' . '~~, ' " ,'. j j I ,I I ," i (" "I I r@ , i " , "I: ""\t ".[h' ",,,,,,,,,,,,,,,'1, ,&~trJ (- / j' .[' , .\ 1---\ \ \ ~ i , I i.. , ~' : I '~ ; i " I , ;"1J'"'' , " 'J 'l~"I' ',""!' ;~:!1~ " "IV I 1...._" C~=~ " I .' , ~ t :, \ t, . , ,,' ~ ..... .' , , VERSION A Sec. 36-18. Neighborhood Commercial Zone (CN-1), (a) Intent. The Neighborhood Commercial Zone (CN-1) is intended to permit the devel. opment of retail sales and personal services required to meet the day-to-day needs of a fully developed residential neighborhood, Stores, businesses and offices in this zone should be useful to the majority of the neighborhood residents, should be economically supportable by nearby population, and should not draw community-wide patronage. A grocery store or grocery store/drugstore combination is favored as the principal tenant in a neighborhood commercial zone. In general, the CN-1 Zone is intended for the grouping of a grocery store and small retail businesses and office uses which are rela- tively nuisance-free to surrounding residences and which do not detract from the resi- dential purpose and character of the surrounding neighborhood. The location and development of neighborhood commercial sites should follow the criteria set forth for such sites in the Comprehensive Plan. (b) Permitted uses, (1) Barber shops and beauty parlors, laundromats, aflti laundry and dry cleaning pick-up and delivery services, shoe repair services. (2) Copy centers, (3) Drugstores, florist shops and variety stores, (4) Financial institutions, branch offices. (5) Gift and novelty shops limited to 1,000 square feet of floor area. (6) Ice creamlyogurt stores limited to 1000 square feet of floor area. (7) Photo finishing services. (8) Retail bakeries. (9) U.S. postal station. (10) Videotape rental store. (c) Provisional uses. (1) Child care facilities subject to the requirements of Sec. 36.55. (2) Grocery stores, including specialty food such as bakery and delicatessen goods, provided that the floor area of a grocery store shall not exceed ton (1 Q) pefG9flt. ef-tI-1e land area sf the eN 1 zofl8-ifl-.wl1ish tRe gro€sry stors is loGated 30,000 square feet. (3) Neighborhood super store. A grocery store which includes departments for goods and services permitted in the CN-1 zone and is greater than 30,000 square feet but no more than 40,000 square feet. Floor area over - '''"' .""u"",,~,,...... oJ' "",. .......- 1 f" . ~','..:" .~, , ~ . ~t i: L [1 ~ J~'~ :~M'~, ''';:~ -- >, "SSI ~ []' I. , I :~,till' " , - '''", ,~, ,: .'.... .. ,.._'... :L ' C~"\ , \1 " , ' \, , , I" I i I I I I I . I 1 :['1 :.'l) 0<'''y, " :~':I:,~':"" ~~; iilt 1'[:1.' " , '~':'I?'; .-" t_ 0 ',", '~ . , ,'~r\ '\'1 ' , " , , '~' , " . ;;,;~.. ,:",~. .:',::,',. ,;,::', e" .:..._'<_ 2 30,000 square feet shall be departmentalized for non.food products and services. (4) Offices intended to serve neighborhood residents provided that: a. No office establishment shall occupy more than 4-SOO 2000 square feet of floor area; b. The tataI ground floor area of all office uses within an area zoned CN-1 shall not exceed fifteen (15) percent of the total floor area, either existing or proposed, in the zone (to determine the area zoned CN-1, any streets contained within the zone shall be disregarded); c. The total floor area of all office uses within an area zoned CN-1 (including ground floor, second floor and below grade floor area) shall not exceed thirty (30) percent of the total floor area, either existing or proposed, in the zone (to determine the area zoned CN.1, any streets contained within the zone shall be disregarded); d. The location of the building in which the office is located does not dimin. ish convenient access to retail sales and personal service businesses. (Ord, #89-3440, 11/14/89) (d) Special exceptions. (1) Dwellings located above the ground floor of another principal use permitted in this zone, provided the density does not exceed one (1) dwelling unit per 1800 square feet of lot area, A maximum of one (1) roomer may reside in each dwelling unit. (2) Drive-in facilities for financial institutions. (3) Filling stations provided that no part of the filling station site shall be located within 100 feet of an R zone boundary. (4) Public utilities. (5) Religious institutions. (6) Restaurants, (7) School - specialized private instruction, (e) Dimensional reauirements. (1) Minimum lot area: None (2) Minimum lot width: None -. -11 '--O)~,;J}, ' ~. . J~,~ I'" " t.. " ~) ~~' I' ! , f , l t' t' ~' r ~ I f }\ ;1' " ,,,., , , 0, , '. ' ~ ',\ .riJ).,;~Ti' I, '[ .i\ \_. \ \ ,I i i.,.,.., "o.,"'<l , I , I I" I I , i , : (;l , 1(' i: ' (n .. I .;; . "t' . \\!,': " 1 . . . '. ' ..~,l,..>,., 3 (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear- None (5) Maximum building bulk: Height - 25 ft. Lot coverage - None Floor area ratio - 1 General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory uses and building regulations. See Sec. 36-57. c. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-64. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. c. Performance standards. See Division 3. d. Non-conformities. See Division 4. (g) Special provisions. (1) In no instance shall an area zoned CN-1 be less than three (3) acres or more than cavan (7)ten (10) acres. (2) A plan showing the general design of the proposed development shall be required with any rezoning that results in a CN-1 zone which is greater than seven (7) acres in size. The plan shall Include provisions for I~'b ~ ~. - -, :~~ ..0,,)'" .,.. ~. ~ ~l ~ f , ~ " I, f, m r ~ r f' I' i 1(IV, ' , . " I 0, '[: i5' ,r.,\!!i:'.'a' .' .'.-. I, '[ , .,\ ('-,<,,;11 , \1 ~ "~ ;-;1.:: 'r'l , I I" ~, " . l j \~" \,\,..:;' , , ~~l '~'~' ~ ' 'fM ','1'(_,1 ~,?; "lIt <j'7M\ (, 'i"~, ...._-, :(-~-;~ , . i "' , '~t: ' .\1,\ ~ . :~ ' ,~_..,..... . " 4 landscaping; screening and buffering between the proposed commercial development and adjacent residential zones; and building elevations. (2) Religiol:ls institutions 'Nhich exictet:l en ,^,uguct 7, 1Q€l2, may expand '....ilhout compliance with the eimensional re~uirementc or the off etreet ~arkiAg re~uiremeRts. (h) Desian Provisions, The following design provisions are intended to help insure that this zone develops in a manner which is compatible with adjacent residential neighbor- hoods and encourage pedestrians access to the zone and within the zone. Prior to receiving a building permit for any development, the developer must submit a site plan which complies with the requirement of the site plan review ordinance. Prior to submitting a request for site plan review, an applicant shall have a pre-application conference with the Director of Planning and Community Development to discuss the application of the design provisions to the subject property. The following design guidelines will be applied during the site plan review process, in addition to the design standards set forth in the site plan review ordinance. Alternative design solutions may be approved if it is demonstrated that the alternative meets the intent of this section. (1) Bicycle parking facilities shall be located in convenient areas of the development and shall be so located as not to impede pedestrian or vehicular traffic. (2) Modular masonry materials, such as brick and concrete pavers, or gridded cast-in-place materials, such as exposed aggregate concrete are encour- aged as paving materials and accents in order to define pedestrian walkways and to improve the appearance of paved areas, (3) Pedestrian access to adjacent residential areas shall be encouraged through the provision of sidewalks in addition to those located on adjacent public streets where appropriate. (4) Pedestrian access between the uses located within this zone shall be encouraged by the location of sidewalks and other pedestrian-designated routes. (5) Parking lot layout shall take into consideration pedestrian circulation - pedestrian crosswalks shall be provided, where necessary and appropriate, shall be permanently designated with materials such as textured or brick paving, and shall be integrated into the wider network of pedestrian walkways. Pavement textures are encouraged elsewhere in the parking lot, as surface materials, or as accents. (6) The ends of parking aisles shall contain landscaped islands. I~'b T ,... -vr '._,_., ! ,0 -- ) , " .., '" ," ' ,'," .. ' , I ' Ij .... ),1 .-~ I D I . . i'" , 'I: , ~ [] ~--'., - ,', ' illiJj]j'ff -" ,".. ,,'.-, " " ,\' j- ' , "' , ,.", , ,;.':~t~,~'I.~' .' ' ,. t, ,,' ! ," .' . ,~. ,. '.", ~ " .,.. . , , !..', ,..'",,', "," ' .' ,: ....: ,,',.., '..," ~'.'-~"'-""'" \',~ " '. .-,'- ,,,,. j~1 ''l! 5 (7) Areas which are not used for vehicular and pedestrian access or parking shall be landscaped. (8) Buildings within the zone shall relate to one another, both functionally and visually. A development with multiple buildings may be organized around features such as courtyards with trees, greens or quadrangles, which encourage pedestrian activity. i 1 I (9) Buildings shall avoid uninterrupted wall or roof planes. Building wall offsets, including both projections and recesses, and changes in floor level shall be used in order to add architectural interest and variety, and relieve the visual effect of a single, long wall. Similarly, roof line offsets shall be provided in order to provide architectural interest and variety to the massing of a building and relieve the effect of a single, long roof. (10) Blank, windowless walls should be avoided on the fronts of buildings. Where the construction of a blank wall is necessary, the wall should be articulated by at least one of the following methods: changes in plane, building material or color. (11) Air conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing and satellite dishes and other telecommunications receiving devices shall be screened from view from the public right-of-way and from adjacent properties, by using walls, fencing, roof elements, penthouse.type screening devices or landscaping, 36-18ncz,dla , i ~~ '1 t I: I I " I i II I' b I) I" i I \ I ,I, L"" , \.. .~--' ..r' ,,9#"( i>"_,,,',,:> 'l' i'i t\ I; i'/, ' ' , , . , ,,~'" L.",:; :( o "" I~'b ]",""',...,',..,",...,,,.,""",..,,..,""',..,..," , __ . __ ' ' .," ,,' ',"1' ,. ..,.,~.r"~";;"', ' , ,'. '. """0,',,:. "ii:" "... ," '''/',: "", ,,"',,' ,1')5 '::.......~,.',:" "'...:. .'"...', ,,:;,':., . '" ,-4 ~".,..' '0""1, , .... ",',:' "", 11.,'1 r'~~- " ,. " " ~9: " , '" , ". .'Iil" '. '~ , ',' ,,'. ~ .~ .,.. , . , ',' :: . , "~,' ..." IS'f';'j, 'W 11.n, VERSION B f Sec. 36-18. Neighborhood Commercial Zone (CN-1). (a) Intent. The Neighborhood Commercial Zone (CN-1) is intended to permit the devel- opment of retail sales and personal services required to meet the day-to-day needs of a fully developed residential neighborhood. Stores, businesses and offices in this zone should be useful to the majority of the neighborhood residents, should be economically supportable by nearby population, and should not draw community-wide patronage. A grocery store or grocery store/drugstore combination is favored as the principal tenant in a neighborhood commercial zone. In general, the CN-1 Zone is intended for the grouping of a grocery store and small retail businesses and office uses which are rela- tively nuisance-free to surrounding residences and which do not detract from the resi- dential purpose and character of the surrounding neighborhood. The location and development of neighborhood commercial sites should follow the criteria set forth for such sites in the Comprehensive Plan. i i (b) Permitted uses. (1) Barber shops and beauty parlors, laundromats, aflEIlaundry and dry cleaning pick-up and delivery services, shoe repair services. 1 (2) Copy centers, (3) Drugstores, florist shops and variety stores. I ~ r n (4) Financial institutions, branch offices. (5) Gift and novelty shops limited to 1,000 square feet of floor area. (6) Ice creamlyogurt stores limited to 1000 square feet of floor area. (7) Photo finishing services, , , '.;~ (~' (8) Retail bakeries. , \ ~ r (9) U.S. postal station. (10) Videotape rental store. (c) Provisional uses. " i , , I , , (1) Child care facilities subject to the requirements of Sec. 36.55. . if : I', (2) Grocery stores, including specialty food such as bakery and delicatessen goods, provided that the floor area of a grocery store shall not exceed ten (10) percent of the I::md area of tho eN 1 zone in which the grocery store is located 30,000 square feet. J "~ 'j,&:' 'J'~i~ !"l~,' "'L (3) Neighborhood super store. A grocery store which includes departments for goods and services permitted in the CN.1 zone and is greater than 30,000 square feet but no more than 40,000 square feet. Floor area over J..,..',,""........ ,':'",'-.',!'.",:',.",:, '. 0", . ' '.- ,', " ~ b ...~ ~ljnl:' .h':'l11 '7" ,..1':........'1"', It:.. .. ,.) J~" ( - : ..~. - 0 ------~ - ~d, -~ ,~~';:;.l, , ,\' , Ji \~'\ ~ 41.'.' /'~:" J I, , I ' ~l ! , , . I :1 . I : i if; ll~ '11r:r:,: " ~ .~,~,f;"~,, ,; 'J~' \I- iii 1: ,. , l?i~\./.~ L.," t~.. \' 0 , I~, ,>,.,',., ;"1 , .,.," . '~t ~ '.\ I,.~ ',' , . .''':'''' .",. "-".: ~" :,::', ':'" .,'d',..,..'..,:':' ,," .....', ".-' .'..',,'...',.. ,~...'-,... ,;:,,:."!,';, .,' 2 30,000 square feet shall be departmentalized for non.food products and services. (4) Offices limited to dental practice, general medical practice, insurance agency, chiropractic clinic, real estate agency, travel agency, accounting practice, and law office, provided that: a. No office establishment shall occupy more than ~ 2000 square feet of floor area; b. The lGtffi ground floor area of all office uses within an area zoned CN-1 shall not exceed fifteen (15) percent of the total floor area, either existing or proposed, in the zone (to determine the area zoned CN-1, any streets contained within the zone shall be disregarded); c. The total floor area of all office uses within an area zoned CN.1 (including ground floor, second floor and below grade floor area) shall not exceed thirty (30) percent of the total floor area, either existing or proposed, in the zone (to determine the area zoned CN.1, any streets contained within the zone shall be disregarded); d. The location of the building in which the office is located does not dimin. ish convenient access to retail sales and personal service businesses. (Ord. #89.3440, 11/14/89) (d) Special exceptions. (1) Dwellings located above the ground floor of another principal use permitted in this zone, provided the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of one (1) roomer may reside in each dwelling unit. (2) Drive-in facilities for financial institutions. (3) Filling stations provided that no part of the filling station site shall be located within 100 feet of an R zone boundary. (4) Offices other than those permitted by Section 36-18(c)(4) in which no activity is carried on catering to retail trade with the general public and no stock of goods is maintained for sale to customers except for those retail establishments specifi. cally allowed in this zone, subject to requirements a. through d. of Section 36- 18(c)(4). (5) Public utilities. (6) Religious institutions. (7) Restaurants. ,~" ~'... .. IIl1ilW'l7 ';~_o.-,.o.".. "''1''':'; . ....'\, .-'::"",.,'--'------'.:'1'7.,'' "it:. ",t '~.) - ''- '.,1 ,0".."'.. tI:..'. . ,.. " ""I ,\ :' ",J, ;;W '~{, ~Vi m, u I t ,~~ 4ij, 1" , "Id, ':_~, "-.' ,"'., .' ,".-'" "n'_'. ~ . " &~' " ,.~~-. I, . 'ri ("\ I' \ \ I ~\\\ , ,;-: !iT'1 I ~ !,', Ii . I I ! I i I II, " 1 I fe 1 ~,~" , t , " ..- "c, -, 0 ,l. " i'l '.' , "t ';'\\1' '.': " , ... . " ..."', , '~,., " .,.. . . .-~,;.;; :-"..', :,',,'.:.:: ;:,:' ;,':.".-. '. ~ " , "', ..' .. ~'",~\ ~;;{ I 3 (8) Schodl - specialized private instruction, (e) , Dimensional reauirements. (1 ) Minimum lot area: None I,' I (2) Minimum lot width: None I (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear - None (5) Maximum building bulk: Height - 25 ft, Lot coverage . None Floor area ratio - 1 (D General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36.56. b. Accessory uses and building regulations. See Sec. 36.57. c. Off-street parking requirements. See Sec. 36.58. d. Off-street loading requirements. See Sec. 36.59. Ii , e. Sign regulations. See Sec. 36.60. ! f. Fence regulations. See Sec. 36-64, (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. 4 c. Performance standards, See Division 3. d. Non.conformities. See Division 4. I~'~ " :,', I:!; T. ' -, -:_"' ).".','.','" " ,'!' ,:..""::'" , 0 ' , , ..,., ',', t' :' .' ,", ,', """ ,'Y', " ,,-..", -- , . ,,;..':,,, .."! , -- I: '~',-:.t,~.: \ :'..'.."'i'..:-'--~rc-' >"t..' .: ~ ].:, 0'" " ,'" " r;r:Khii ,#-~. ., !fir " '~I'" ;, t!1ii' ;\,~ ~t)l ' "!l'i;l\' ,',1 tr , " -",,-, ( ,^ \' i .' . '~r\ : '\": , ~ ~. f :'.'~:,J" (~ !' 4 (g) Special provisions. (1) In no instance shall an area zoned CN-1 be less than three (3) acres or more than seveR (7)ten (10) acres. (2) A plan showing the general design of the proposed development shall be required with any rezoning that results in a CN-1 zone which is greater than seven (7) acres in size. The plan shall include provisions for landscaping; screening and buffering between the proposed commercial development and adjacent residential zones; and building elevations. (2) Religiobls institutions which existed en August 7, 1962, Ffl:lY e),p:lnd '....ithout compliance with the i:limeRsional requireFflents er the eff street parking requir-eFflents. ~ , ' , (h) Desi~ln Provisions. " The following design provisions are intended to help insure that this zone develops in a manner which is compatible with adjacent residential neighbor- hoods and encourage pedestrians access to the zone and within the zone. Prior to receiving a building permit for any development, the developer must submit a site plan which complies with the requirement of the site plan review ordinance. Prior to submitting a request for site plan review, an applicant shall have a pre-application conference with the Director of Planning and Community Development to discuss the application of the design provisions to the subject property. The following design guidelines will be applied during the site plan review process, in addition to the design standards set forth in the site plan review ordinance. Alternative design solutions may be approved if it is demonstrated that the alternative meets the intent of this section. ~ ~~ Ii [\;I t~ ~~ f~ (1) Bicycle parking facilities shall be located in convenient areas of the development and shall be so located as not to impede pedestrian or vehicular traffic. (2) Modular masonry materials, such as brick and concrete pavers, or gridded cast-in-place materials, such as exposed aggregate concrete are encour. aged as paving materials and accents in order to define pedestrian walkways and to improve the appearance of paved areas. ~ (3) Pedestrian access to adjacent residential areas shall be encouraged through the provision of sidewalks in addition to those located on adjacent public streets where appropriate. (4) Pedestrian access between the uses located within this zone shall be encouraged by the location of sidewalks and other pedestrian.designated routes. '", , , '~,..- , - ''I' T l4~b ~, ' '.N. ' '''.j, ,.,' ,,' 'H"'''''T'' ,,' ' " '15,' D. ,~" _ ,0, )" , .., ::' ,',' , o ""';. .' ,;ramti ,,,..-.., J (-.\ \1 \ .. \ I " I I " I 'I I . I ; I I I I : I~ i I,' i ~L) ,L :}I:','.',.. !H. .' Fill:, . tL~ .' T ~' . ,. ,.;> , "~,t ~ \'" " 'I"".. i~, ~ '...,., '.. "I, .. '. ._, ,'W , , "".,,,. .- ,c.' . ."......' __ _ ~':. " , '" . _ .~ u ._ ,...... :."llot::..:.-:,~'~;";,,:. ,~,uc", 5 (5) Parking lot layout shall take into consideration pedestrian circulation - pedestrian crosswalks shall be provided, where necessary and appropriate, shall be permanently designated with materials such as textured or brick paving, and shall be integrated into the wider network of pedestrian walkways. Pavement textures are encouraged elsewhere in the parking lot, as surface materials, or as accents. (6) The ends of parking aisles shall contain landscaped islands. (7) Areas which are not used for vehicular and pedestrian access or parking shall be landscaped. (8) Buildings within the zone shall relate to one another, both functionally and visually. A development with multiple buildings may be organized around features such as courtyards with trees, greens or quadrangles, which encourage pedestrian activity. (9) Buildings shall avoid uninterrupted wall or roof planes. Building wall offsets, including both projections and recesses, and changes in floor level shall be used in order to add architectural interest and variety, and relieve the visual effect of a single, long wall. Similarly, roof line offsets shall be provided in order to provide architectural interest and variety to the massing of a building and relieve the effect of a single, long roof. (10) Blank, windowless walls should be avoided on the fronts of buildings. Where the construction of a blank wall is necessary, the wall should be articulated by at least one of the following methods: changes in plane, building material or color. (11) Air conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing and satellite dishes and other telecommunications receiving devices shall be screened from view from the public right-of-way and from adjacent properties, by using walls, fencing, roof elements, penthouse-type screening devices or landscaping. 36-18ncz.dll (n ":" 0,_,. 0 ,'" :' ~' :1 o ,J)' ,",'; :'''' ';:\ ". ".',,; ':,-;::.i ).~;, .', ' \', :," "...."y,.,', ~--' ' , .; .,.. . ,,,"'- ,~*' .f1! I' :.\ ~ \~~~ ,,', '~'::"2:5 \' ' "'."'\: l1 I ' . ' ~ ~,' ",'; . ' , " ' . ", . , ' '.', . ,':,' .', ',: . ":, -' ,., , ': ' '., ,. , ,- ' : .".,.' . ' ,',,'., " , ," ! I . , . , J.'/::] 1';1 ." ,";"...,oo;::;~-;=' t( 0 " ... t J' I: For Dr. Walker, sunlight was a critical element to incorporate into the office design. Careful allenllon 10 delail. color and lexlure provided the finishing touches in the 1.400.square,loot office, Outside, the doclor Inslalled land. scaplng. an Irrigation system, decks 'and lounlalns, Office of the Month A 'hands-on' office project by Ron Combs, Associate Editor For Dr. Brad Walker and' his wife, Crystal, a new dental office was very much a hands- on project from the day they purchased a small building on one of the busiest streets in the Silicon Valley to begin the long pl'ocess of designing the space and overseeing the construc, tion. They had decided that doing it themselves was the only sure path to having the office that Dr. Walker envi- sioned. ,,[ wanted to invigorate traditional dental.office con, cepts through the creative use of space, color, texture and light: something exceptionally innovative,.yet functional and with growth potential." the doc- tor explains. The San Jose, California, prac- titioner had mulled bver ideas for a new office even as his practice flourished in a loca- tion that many dentists would consider to be ideal. For six years, he had leased what he describes as "a beautiful space in an alTIuent community." The only problems the doctor faced in this otherwise idyllic setting I I l II I I DE"" ~c~~"" FEBRUAAV "i~ ~ I o , , " ,~ ("'I .." : ,,' , , . . ' , :. .: " , '. " ,~ ','" ' : , '" ;. :'., ' ',' " ." '. ,. : ,', , '. " " . . " -"',<<". , ..-;;t;'. \' ! / , ' / , ; ",f",\,':':,?;~ ,~ ' ,......) 1:"",-'. I",~ I' II: ,I! : I 1 , , , I , i , II Ii Ii " I I 'I I i ! I' I! , , " ...' HANDS-ON PROJECT i 'I :1 , , I I I! .1 I' " I: ii I , I I I I I I 1 were the skyrocketing rent and a landlord who. he felt. limited what he could do for the com- fort of his patients. He finally accepted the fact that, despite the picturesque setting, it was not a good long,term situation. "The only solution for me was the freedom to design an office unrestrained by the space al'ailable and the whims of a landlord. " A small army of friends and family were invited to help raze the old structure as their available weekends and even, ings permitted. Acting as the general contractor, Dr. Walker drew and detailed a floor plan before hiring a draftsman and engineer for detailed drawings and structural calculations. Some 17 subcontractors were hired to carry the project through the two-and-a-half months of construction. Mrs. Walker's attention to detail, color and texture supplied the finishing touches in the 1.400- square-foot office. Assisted by his father, the doctor installed landscaping, an irrigation sys- tem, decks and fountains. "The 3D-percent savings gained by acting as general contractor helped to heal the wounds of a very taxing and time-consum, ing job," comments Dr. Walker. "We Californians treasure our sunlight and this was a critical element to incorporate into our design," he continues. "With nearly 80 percent of the ceil, ings vaulted, and eight sky- lights strategically placed throughout, I can operate approximately six months of the year without flipping on a single light switch," Low-volt- age halogen and cleverly con- cealed, color,corrected fluores- cent uplighting combine with the soaring open spaces, glass blocks and huge picture win- dows to create a relaxed setting i 1 I' II I 48 DENTAL ECONOMICS I FEBRUARY 1994 f~,.,~~~~~~~,".n.~_'~'-~-~:-~=-=~= :_::".. _ o __) " C~i,,?,l I I I I , I I I 'I , I I I I, Iii II', 11 r I!! , ! I' Ii: 1'1' I' III r I 1 " 1'1 I, II 1" I , , , I I I I , ,. '~'... ! f , '';'\, , '. .' ,,' 'II I' Ii r !i If. ii ,I: " :j: , I' ,I 'I , I, I: , '(.' '. , ~'._, " ..I; ;r't'{ " ;'~i\'~i t ;j:i\:; ~ ;,'.:i!:' 'l'!li~1 I,',::':~~ ~._.4""_ .fr- O 'l, .' , .t"I\ TORAOOL' ~ and TORADOL'l!!l!l , (ketorolac tromelhamine) mum mllk.lo-plasma rallO was 0037 Aller Olle day 01 dOSing [qid~ tile m31l/T1Um Rlilk concentratIOn was 791191mL and the maxImum mllk-Io. plasma ralla was 0,025 Caullon should be exercised wilen TORAOOl~lSadmlnlsleredtoa nurslll9woman, PedillritUn SalelyandelhcacymclllldrenhavenolbeeneSlabhshedThererOle, TOAAOOL IS nollecommendell lor use In children UnlnlhlElderly Bmuse kelolD!IC Iromellllmlne m.~ be tlured more .!owly by IlIleldllly lsu CL1NICJ.L PHARMACOLOGY secUon 01 lull pre- scribing Inlormation) WilD Ire 1110 more unsUive 10 llle renll effeclsoINSAtDs(uePRECAUTIONS~RenIIE"eclsl,nlllc:au, lion .nd reduced dougrs 1m DOSAGE AND ADMINISTRATION seclion 01 lull prescribing inlorm.tlonllhould be used when l,uUng Ihe eldelly wllh TORADDL, ne low" end 01 Ih, TORADOLtI dosage range is recommended lor pallenls Oyer ~ years 01 Ige, For brukthrough plin In Iheelderly, ills/ecam' mended 10 supplemenllhl lower end ollhl TORADOL!I dOllge "ngewlth lowdom 01 narcotics prnunlmolherwlsaconlraln. dlc.led. TORAOOL!! Ind n,rcollcs Ihould nol be .dmlnlsleled In Ihl lime syringe (lee DOSAGE AND ADMINISTRATION milan 01 lullprescrlblnglnlormlllon~ ADVERSE REACTIONS Adverse reactIOn rales Irom sllOrt'lerm use 01 NSAlOs are oeneraJ~ 1r00l VIOlo V21heralesassocialedwllnlong.lermuse. This 15 also \Jue for TORAOOL Adverse reaction rales also may lflCrease Wllh higher doses 01 TORAOOllsee WARtIINGS, and OOSAGE AND ADMINISTRATION sectlOtl 01 full presCII~ng flformalion). TORAOOl!! is indICated lor SIlorHerm use, Pnysiclans USing TORAOOl!! Should be alenfortlleusualcornphcalionsolNSAlDlrealmentandShouldbe aware lllal Wllh langeI use (exceeding 5 daysl 01 TORAOOL!!.lhe Ire, quencyand sevefllyot adverse reacllons may lI\Crease, PhysICians using TORADOL~ shOuld be alenlo the relallve risks associated wilh dose and dose dUlallon as described in CLINICAL PHARMACOLOGY-Clinical Studies seclion 01 MI preSl:ribmg inlorma. IloltPhyslclansuslngTORADOlshouldbea1erttorthe usualcompll' caltons of NSAIO Healmen!. The adverse leachOlls lisled below wele repOl\ed In chnicallllals with TORADOL., whICh pallents reeeived up 10 20 doses, In 5 days. 01 TORAOOL~ 30 mg or up 10 4 doses a day hom long.lerm studies 01 TORAOOL~ 10 mg qld, In addl\lon, a!tverse reacllons \hal wefe reponed Irom TORAOOl:!! pOStmaf~1tng surveillance are lflCIuded In "lflCldence l~, or less.. Ineld~nc! Grnter Ihan 1% (probably cau~1Iy relaled): Body IS I Whole: EDEMA'; Clrdlovucular: HYPERTENSION; Oermltologlc: RASH, prurllus'; Gnllolnleslinll: NAUSEA (12%), DYSPEPSIA 112.",), GASTROINTESTINAl PAIN 113'~t con~llpallon, dlarrllea', flatu, lence.gastromtestinaltullness,~ltang,STOMATITIS; Hemlclnd LymphaUc: purpura: Nervolls Syslem: drowsiness', dlwness', HEADACHE (17',.~ sMatlng Injection s~e pain was reponed by 2~. 01 palieMs in muHidose sludles (ys, S~, '~Ihe morphine control group~ 'lflCidenceolreportedreacllonbefWiienr-,and9~.ThosereacllOns occumng in less ll1an 3~, of the patlenls areunmarked,Reac\lons reported predomlnanlly Irom long'lerm TORAf)OL~ sludles are CAPITALIZED Incldence1'..orlmlprobabI1causal~relaledl:BodYIIIWhole: hyptrsenslllVllyreacbons suCh as anaphylallS',bronchOSpasm. laryn. geal edema, tongue edema, hyporen$lOll and Ilushmg. WlJghl gain, fever; Clldiovucular: Ilushmg, palpltatoo,pallor, hypoleRSlO/f, syn. ctllle; Dermatologic: lye/Is syndrome Sre\'ens.JOIlnSOll.syndrome. exloI13/WtderrnatltlS.maculo-papuldlrash.untCar13:Glslrolnlesllnll: peptic uJcerallM GI hemorrhage GI perlOlal1Ol1 (s!e WAAIlINGS and PRECAUTIONS). melena, reclal bleeding gastnllS, eructahcn, ana- relia,increasedappehle:HemleandLymphallc:pOSloperatrrellOOnd hemontlage. rarel1 reQulfrtlg blOOd trans!lISiOIllsee WARtllNGS afld PRECAUTIONS). Ihrombocy1openta, eplslaus, alle/TiIa: Hepltle: liepa, /illS. bvef la~ure. CI10IeslallC jaundrt!; Hmous S~slem: COllvulSlOnS. vlllligo. tremors, abno/mal dreams. halluclnalions, euphOria; Resplrllory:dyspnea,astlllna,pulmonaryedema:U.ogenl1ll:acure (enal fadrJre(see wARNltms and PRECAUTIONS). Ilanll pa/llllllh Of wilhCuthemalunaand/orazolem1a,oIlgur13,nepIUlhs 'lIaltcs denote reacHons reponed Irom ~oslmar~etmg e1pericnce. Other Adven. Evonlllcausal relahonSllip unknownp; BOd~"1 Whole: aslnenla: Gutrolnlutlnll: pancru/I/;s: Hemic Ind Lymphllle: leulopeniil, ,EOSINOPHILIA: N.MluS S~sllm: paleslhe, Sla, depreSSIOfl. IRsomAla, nerwusness, erces5rve tlllrsl, dry moulh, abnormal1hlnklng, Inability 10 concenlrale, hyperkineSIa. SIUpo,; RespllltOry: RHINITIS, COUGH, d1spnea: Special Sensu: abnor. mal tasle, abnormal V1SlOll, blulfed VISion, MMus, HEARING lOSS: Urog.nlt.l:polyuna, ir.creased unnal)'fle~uency 'Reacbons occuned under ClIcumSlance5t1heralhecausalrelallon. ship 10 TORADOl trealment has nol beenclea~1eS1abllShed: lhey are presenled as alerM9 mlormallon lor pll!'S(lanS, Reactlonsltponed predomlRanlly 110m 10ng'1erm TORAOOl~ sludles al! CAPITAlIZW SeepackaQeir15erlforlullp,rescflbmglnformalll)(l CaubOl'l:FederallawprotllbitsdlSpenslngw\lhOulpreScflpllon U,S PalenlN04,08a969andothelS 181 5YNTEX I Novomber 1993 ~ P094D2D SynlexLaboralorios,lnc, Palo AIIO, CA 94304 ;t\ 1993 S1nlllx laboralories,lnc, 'i-' '"' '~ 1'CliWioc ~"'I' ....... 10"'l1~ '~""""''''' ~..._~~......." ...-.- '-- " ~ , HANDS-ON PROJECT Careful planning, hard work and close attention to detail opened a new world for dental.office creativity, says Dr. Walker. for patients and the fOUl'mem- bel' staff. From the operatories, patients view fountains and well-tended gardens. A tree-covered deck at the rear of the building serves as an entrance for the handi- capped and is an inviting place for waiting patients and guests. It also serves as a retreat for Dr. Walker to review mail or to do charting between patients. "This comfortable environ- ment has made my doctor- patient-staff relationships an enjoyable experience," says Dr, Walker. "My need to create a new dental environment has opened my eyes, and I now see dentistry in a new light." 0 "'. . '" ~: TORADOL' ~ and TORAOOL'l!!l!l (kelDlolac tromelhaminel renlly, pl'lYSlCl.3hS sl'lOOld allmlf'llSler sUCh concorMantthlfapy Wllh ell/eme cauhon The coocurrenl use 01 TORAOOL and prophylilcllC, !o'Il,ooserwparll'll2S00.SOOOunllSQ12hJhasnOlbetnsludlldellen. srvely, but mayalsOtleaSSOClaledwlll1anlncreasedhS~oIb1eed.ng PhySIcians snoutowe'SlItI\e benehls agalOst Ihe IISI;, andexerClSe cautlOnlllUSiRgsUChCIlR':O/fIjlanllheraltflnlheSepabenlslnpahents wOO recelYf anlicoagulanlS lor any reason. there lS anll'lCreaseo f1Sk oIlnlramuscular /lemall)'M formallon from TORADOL:li! IRlecbons (Set PRECAUTIONS-Drug InteracllOnSI In poslma1kellng elpellence. postoperallYt' hemaromas aM olher Signs O! wound bleeding have been reported In assooabOll '1'0'111'1 lne peflowallVe useol TORADOL~ CautlOn S/lOuld be useO.lhelelore, .....hen TORAOOLIS admlRiStered pre, or Inlraoperabye~ Pelloperatlve use of TORAOOl SIIOu!d be u!\OertakenWllncauliOnWllenstrlclhemo~1aSjSlScrl1(al, Inlormatlon lor Plllentl TORADOl.lll;e Olner llrugs ollIs Class, IS nol hee 01 sllle eHects, The sl/leeNecUoltnesedrugscancausedlScomfonand,rare~,lhereare moresehoussmeHects:.SlIChasgaSltOll\leSllnalblef!dlllg.whlChma1 resuhIRhoSPI1!hzalionandevenlalaIOUlcomesPhy5lClansmaywrSh 10 diSCUSS wllh Inllr Dallenls tile POlen\la1 nsks (Set WARNINGS, PRECAUTIONS, and ADVERSE REACTIONS Secllonsl and Iikei~ ben. elils 01 TORADOL ltealtnenl. panlcularty'/lhen II is used 101 less seri. ous conditions when lenglh1 UealmenllS anliClpaled and when accePlable anernallves to botn lhe pabenl ano ph)'SlClan ma~ be available, llborlloryTnls Because seflOUSGluactulCerallon and bleeding can oceur Wlllloul warning symptoms physlCl3ns snOtlld lollow pallenls for tile signs and symploms 01 u!clfali(ln and b1eedmg ano snould II\I00m them 01 tile Importance 01 tnls lOllow,up lsee PRECAUTIONS-Risk 01 Gl U!cerallOn,BleellagandPerlolal~~ O,uglnttllctions TORAOOlls h'9hly bOund to human plasma prOl1ll'lS (mean 992%) and binding IS llIOepenllentol concenllalton. The In \'lrro blll/Jlng 01 w~rtarin 10 plasma proleil\S IS only Shght!1IeduC~ by TORAOOL (!n5"1 conlrol YS 99.3',I.,,1\h TORAOOl Plasma concenuahons at 510 10 l19iml. TORADOL OCts nol aller digolln plOl1lll blndiRg In \'1110 sludleslnow::alelha1.al1neraoeutlcplasmaconcenuallOnsoluJjcy~ ,tt (300 ~~'mU the tlll\Olng at TORAOOL was "du~ed lrom apprOli. maleI199,2', 10975'" rejlreSenMg apclentaal lWO>!Old Increase IR unoound TORAOOL OlllSma levelS: hence, TORADOL SMuld be used WllhcaullOn (01 al a redlJCedOosage) Illpallenlsbelngltea1edl'tllh hlgh'llOsesahcylalereO'mens TheTaoeuliCconcenlrabons01 dlgOlltl, w,rt,rin. lbuprcitn, nlprolt/l, pirolitlm, ,cet,mlnophtll,phfny. loin. and tollXll,midf dld nol aner TORAOOl prolej(\ bln~lng, In a stuay1l'MlI\'lng 12~unteers, ora!TORADOL was.co,admmislered With a SI"9ft dose 0125 m~ wart"ln, causflQ no slgnlllcant cl\anges IR pnarmaCOllRellCSOr p!larmacoaynamlcsolwarlann, In anolher study. Intram\lS(ulal TORADOlIIOllowlllg oralllOslng) was given Wllh two domolSOOOUol htp'rinlo 11 health1 'o"JIunleers, ftsulbng ina mean ltmpla1e tlleedln~ t~e ot 6,4 minutes (3,2,114 mlAl compared 10 a mean 016,0 minutes IH.7S mln) 10' neNM alone and 5.1 mmutes 13HSmlll) forplactDO AAhOughlheseresuhs do nol IRdJcale a Slg' n~lCanllnleract,o~ betmn TORADOL a~d war/aM or heparn the ao:mnlW8110n01 TORADOl,OIOlher NSAlDs, 10 p3henls takinganll. coagu!anlSShouloceooneWllncaullOnanopalllnlSshOUldbeCIOSety /ROIlIlored lsee PRECAUTIONSolIHemalo'ogrt E"eclsl Intramuscular TORADOL reduced the diuretic response 10 lurosemlde In nor~emlC heanhy Sull!ects by apP/Ollrnale~ 20~1 (mean sodium ano ulltlaryoulputOecrmed 17',) Conwnllanl admtllslrallon of oral TORADOl and probmcid resulled In decreased clearance of ~e!:llolac and s'9l11hcanll/lCreases 10 ~elorolac plasma levelS (lOlal AUC IRcreased appfOllmalel1 Hold tram 5,410 11811O'hJmL) and lermlflal ha~,Me (tl\Cremd apprOllmalery 2>lold lrom 6,610 15,1 hoursllnhIMionolrenalli/flIumclearance,leadlngloanlocreaselR plasma hlhlum concenualion, haS been repotted wllh some PIQSlaglandlr, synlneslS ll'\Mll~ng drugs TIit e"ect 01 TO~AOOL on plasma Milium liaS nolbeen sludi!O, ConcOfRllanlIdmlnlStrallon01 mr/ho/ftnle aflll some tlSAlOs has been reponed to reduce the Clearance ot metnolteUle,enllaRClllg IMlOIie11y 01 melhOtreule, The e"ect 01 TORAOOL on methOlruate clurafICe has 001 ~en $tudlld, In poStmalkel.ngelperifnce.there Ilavebeen \hreerepOlts01 a pOSSI. ble interactlO/'l ee!'lleen TORAOOl:! aM non-d'pollriZlng mu"/' r,lmnt.. appmng toenllance the e"eaol the musde relaunl. The concurrenl use 01 TORAOOL wr1Il muscle ftlarants lla5 nol been lorm. ally studlfd Inlramuscular TORAOOl has been adml'\lslered cor.cur. renl~ Wiln mOfPhiflf tI several chnlcallnals of postoperative pal~ wllt.oulevldenceolaltiersel(llelaChonsThl/elSnoevlClence,lRaAl, mal 01 /luman stud"S, 1h.11 TORAOOL Induces or Illhlblls hepallC enl)'mtscaoableolmelabOllllRgllselforOlhe/drugs. C./clnogenull, Uutlgenull, Indlmpll,menl 01 Ftrllllly An \S.monlh st~ IfIl1llCe 11 oral dom 01 kelorolac tromelllamlRe equal 10 the palfnlelll "'RHO (Mmnum Recommended Human Dosel and a24'moRlhSlull1lflfalSal oralOOses.2,5hmesthepaflln' tllal "'RHO, showed no eVIdence oflumollgenlclty. Kel%lae tromell\&mlRe WiU 1\01 mulageruc IR Ames IeSI, unSCheduled DNA syn, theSl$and repalt and 1Il10rwafd mutallORassays KeIOlolacdidnol cause cnromosome breuage III the In momouse mlCrOfll/deus assay A1lS90 ,,~mLfIPprorJ/RJlety tOO llml5l1\e ave,a~ human ~asma levelsJandall\lgllerCOllCenlrabOns kptOlOlaclromelnan\lRelf\Creased I~e lRcldence 01 chromosomal abemtlons In C~lnm hamsler O'I'3/l3n celiS Impaamentol len~1y Old not occur 111 mile or lemale rals II .., ~"s d 9 m~i 1131 m~m') ,n; ~ m~g 19" m~m') ro5pecfrve1y Pregnlncy PregnlncyClltgoryC Roprod"",~nslUdeShll'lbeenperlormtdlflrabblls US'"9dal~oral dosesa136mi)\gtt2,35~m'llndll'lralsallOmfkg(59m!ym') OUlIIIgoroanooenesI$RtsulISoltheses/udltsdldnotre~alevtdence elleralo9lnICIlylOlhelelllS OraI\105esolkelorOleCltometllamtteal 1.5 m~g (8,8 mg-'m'1 00 was /lall rJ tile humin 0lI1 eJposure, aOml/llsleredlfttrgeS!l1.onlla117callSeddysloclaandhlglltrpup /TlOIl11~1111 ralS There lit no IdeQUille Indwell.conl/olled studJls WI pregnanlwornenKeIOtOllCltQmltllanllneshou~beuseddullr19preg' nancyonl1lltllepolenMlbeneMf\lShheslhepotentlal'lSklothelelus lIbo' Ind DtIlYf'Y TORAOOL"ROlftCO/MletlOOdlorusedllflnglaboranddehverylsee INDICATIONS AND USAGE ItCloOn ellull ple5(rlbing IfIlormabOn) LacllUon Ind HUIslng , Mer '1lI'.Qle admllllSHabon 0110 mg 01 TOAAOOL~ to humans, the m!ulIum milk conceRlrlhon ooserweO wit 73 nwmLlnd the mall' 52 DENTAL ECONOMICS I FEBRUARY 1994 o I /5 I , ~ \j ':1 l1 ::, 'I; r'I d ~('l .~",j i: I. 1, 11 I} [1 r~ rs,' , H I'~ "r.. Wli ";1 r~ n [~ h Iii ii:~: ("I "'f I) f1 ',,1 ,,;) \:'., I'~~ fl 11 11 I? t ,j, I., 1,,1 I:'~ ~,~ I ~' ~~' r', Ij' ,. ,:, " L; :Ii 11~ i'i b. 'Iii' !1 ,;\ ~Io '':;:,;..ili..';~j " ; , ~t: ! .\,. "' , "'" :.' . ~. , . Design and quality of construction will assure many years of usefulness for the Lincron, New Jersey, landmark. Office of the Month Office-design research pays off , I " At first glance, the uniquely- constructed dental office building, with its four brick towers looming skyward, resembles a medieval castle. Although the exterior mirrors another era, the modern, high- ly~functional interior provides the pel'fect blend of aesthetic appeal and efficiency for Lincroft, New Jersey, periodon- tist Anthony N. Di Cesare. A course he attended on den- tal-office design gave him the inspiration he needed to move a'head with firm plans for his new office. As with so many other successful dentists, Dr. Di Cesare's practice was outgrow- ing his office when he attended a cOllrse on dental.office [ \ ,,?1 ".~,I I i I' I I I i I ! I .~ I ,'l. \",.... f) f,;~;l' ,:J ~ , L' o by Ron Combs, Associate Editor design presented by 01'. Neil Brahe. Ten creatively-designed offices were featured during the course that rel1ected the needs and personalities of their doctors. "I began to research office design, attend architectural courses and visit various office complexes," he says. "My research was not limited to dental offices; there were visits to Eastman Kodak's main office in Rochester, New York, and other corporations for design ideas." Following the painstaking research on dental-office design, 01'. Di Cesare took his ideas to architect Paul Reilly (who brought extensive experi- ence in hospital and church design to the project). They chose a building site at an interchange of a major New Jersey artery to assure an easi- ly-accessible location for patients. "It's a clearly recog- nizable landmark from the Garden State Parkway," adds 01'. Di Cesare. , The interior of the 1,919- square-foot facility is designed in a circular configuration around a central hub. A steril- ization and instrument-prepa- ration area makes up the cen- tral hub. Radiating from this hub, like the spokes of a wheel, are five opera tories, a private office, reception area, laborato- ries, darkroom and storage ,.. . / ~ ~ f, ! \ \ ! ~ i IC> ~ ' . DENTALECONOMICS/NOVEMBER 1993 35 J~'h ,;~ I'" "",1"''';';''""" 'I'" o )5' ICl l'al'1Iltll", Sl'I'l'l'al II:d/;;/parti, tloll' al'l' l'ompiL'Il'ly fl'l'e' ,tal1dillg. 11I1ile others rUII to the l'ei hllg for pl'Jl'al')' al1d light eXl'lu,ioll Ceilillg, are l'ol1,trul'ted of four,illl'h, (Ol1gul',il1,gl'oo\'l' lIat, ural Ilood plallking, \\'alls ill thl' l'ellll'all'ol'l' al'l' l'lII'el'ed Illth :1 light gl'a)', Il'XtuJ'('d papl'l': oj1el'alol'll" al'l' palllted 1)(\ IlL' 1I'IIIIl', IllIlII'" Ilolldwork alld 11ll' l'xtl'J'Jwl shl'llof thl' steJ'llizalloll al'ea are kept a lIatural. ulI,tall1l'd 1I'I1I1l' oak, The primary Upl'l'ator)' al1d pril'ate omn' measure Sli.'l't by 10 I'l'l't IIIIh IH,liIO( l'l'lling, al1d l'Ol'ller 1\'IlIduI\s that I'UI1 from floor to l'l'llillg Till' rooms appear huge alld I1UIH'UIll'iI1, lng, )\el'l'sSl'd Iighllll~, uSl'd to ellhalll'e the oITil'l's l1atul'al lightillg, i, a key ell'mellt ill l'rl'atJlIg till' Il'al'm, lilllI,thl'l'at, RESEARCH PAYS OFF Inside Ihe medleval,lookmg extellol'S a 11'ghly,IUIlCI,onalllltellor '" J The olf,ce IS a blend 01 aestllellc appeal and elllcHmcy 101 slall ,lIld ~dl"'llts 36 DENfAl ECONOMICS NOVEMBER 199J l'l1l1lg l'I1IIt'tlllllll'lIt. l'UITl'IIII)', ;)~ Jll'l'l'l'lIt 01' Il1l' bui!(hllg', 11J1J1l'r 11001' " 1lL'llIg l"ed I'llI' dl'III"lr)' alld Il1l' I'l'm:lllldl'r III' Ihl' ,P:II'l' IS Il':"l'd But "1I1'l' IiI', Ili I'l',al'l'" SIlI1. ,\:Ithllll)' ~I., .Ioilll'd Il1l' JlI':Il'tl('l' 111 ,1111)' I!IB! al1d till' slal'f h:ls ~I'IlIIII to IIl1ll' l'ull,llIlIl' 1111'1111'1'1", till' IIl'ed Ii,,' I'XP:II1,'11I1I il:ls 1!l'l'lI111 l' a Iup 1,'1111('1'1'11 "EIl'I1IUall),l'xpall' 'HIli \I Iii takl' ill all of I Ill' UJlJlI'I' 1'111111' alld pal't 01' 1111' III\\l'l' 11,,, 'I''' E:\('l'JlI 1'111' thl'lIllHIIIkatlOl1l11' 11111' II Jll'I':IIIII') t II a 1111\1 fll I' IlIlpl:1111 dl'lIllstr,1 I ill' 1I1f1('l'l1as 11111 Ill'VII IIll1d :1'1\.d ,llIl'\' II, IJrl~III;i1 dl''''I~lI 1;-) ,\val's a~() "1':IIH'III, :11'\' :11I1:lll'd h.1 Ih ',,-,r:/i, ;~:;f';! I ~~t/~::' 'I;:l/,:y;i~ 'f;:~!;'j iJ 1,::iN. },~;;I;~~~: '1'''',0'1', .,1"): ti;:\'>t;. ""1 ",,,,,,,,{,. . t:\l :"'~ /J<~~ ,'.- )",:~, ,t':~..!'j'}! r-"lr~'i-' l;t~~ ;?0E; ~.-li,' /,;, ',::!,i, ~ J;'d.~/~!: :~l;,~ ~\:, ,~:~ ti1l'i.i Ai:;:,~~' 'tJi~H ~{,l":~r." ;1~i,:.J,;: ~JH: 'J~~,'r:'\; ",'I~I:,ll i\:~;~, ::~:~l':" "(II', ~',& J,i}';:;>;' ~i~(!~! ",rltl!:_ !{{::'i~~' .!fn:'/'j ~. ',\,' );~;N;~: ~!r'<f(~. !;~ (",,), ,:':;\iL,::;" !l':~~il!.: {;;i{(1 ........~ "'.1;',::, 'f);;',!t' l~i,~ ,~, ".: d.~\,,', ;,:1;'\\: 'jl"," ;t~~ ':'::,} 1~~'~1~~1 ;',':' : ;:):,:"';' ,1\,"1'" ",: i~l If ".~l, '[,';:1"'1\ ) ";::;'1:,:':"':;:-"'':':''':':: ' " ;;,"" "', ::::i ::,>r:,.: ";'. ;,\;\,:';: ,~:',:;;~;::",::~-,t~ ::' :::' :~~,;'~~ 'f' 'l.f ' . " ,~", ......1..1."" ';,; "I,; _ 4[- ~~t1 "'1.\1, ::""', "",1, ';'~'''',~, :,'or-p' ," I", \,.tI'-Ili I".', ';, ", " " '.' '." "~I .l'1,' ,f,F.. I', (Il" ',' ',', " . ,,, ,,""t ....\" :'\, ;', ~~\\"..,-l OI:'...-:.~;. iI',r, ,', !,\ ~. , ",' . , " ......' , , ,";' '.. "." ,"", ". ' .,,, ,",., ~ ',:.,;~,....,w.>lt.i:t.~~4-".i.ilr.u;:r;~ 0"" """,,-,"~" .. '"(.,~.") :;7:'i , I) I ;~i~' I.~, ~ \'I.\f {!i~ ',":'ilj', ."-' :;1, ".',\. ,,~ ...... ~t '-\ i , -' , :: TORADOL'I!! and TORADOL' ll!l.!I (kelorolac tromelhamlnel C,r=inegenuis, LhIlIgenuis..nd Implirmentol Fellllily An \B.mGIllh slliO/ln mite aloral aoses 01 ~elolOlat HcmelhamJlle equal 10 llle parenleral MRHD IMaJlmllm Recommenoeo Human Doselanoa24,mllnth5IuOflflralsal0raldt>5es2,51Imeslheparen, lelal MRHD shewed n~ eVlcence 01 lumoflgemclly Kelorolac lromelhamlBewaStlOlmulagemclnlo.rnesle51.lInSCheouiedDNAsyn, lhe5ISanOrepallandI1l1~'ardmlllaMnassaysKe!orOlaCduinOI causethrOlllosomeDrealagelnlhellll'l't'Omou5emlcronllCleu5amy 10.11590 \I9'mllawollmale1y \000 limes lhe average human plasma lel'elsl ane al hlghe! concentraMns _ewolac tromelhamille Iwmeo lhe InCloence 01 Chromosomal aoellalions In ChiBeSe namsler ovanan celis Impa1rmenl 0' fertillly al~ rl{ll occu' In male or lemale ralS al OfalOoses 01 9 mg'\~ 153~ mgl'll aM 1: mg~g 194' mg'lltl respecllvely Pregnancy Pregn.ncyCIlegoryC RepfOOuCMnsludreshaveDeenDerlo'meolllraDbils USlnOl1allyo~1 doses al 36 mg,',cg (4235 m;'fTtl aM In 13t5 al 10 mg'~g 159 mg'm') aUflngorgaoogenestSResunsotlhesesluolesdlanolfevealevloence olleraloqerucI1Y 10 11le telus Oral oms 01 ke!o~ac 1I0melMmme al 1.5 mg:kg (8 B mgllTt~ wl\lCh was na:! 01 lhe human oral e1posure ilomslereoane~gestallonoay17calJsedO)'SIOCllandmghe!DUP monalllylBrals Tr,ere are no aaeauateanOwell.cOnlroUellSIUOltSltl pregnam women !l:elorolac lrometnarmne snould be used OUIlll~ preg' na:lCyOnlYlllhepolentlalbenehllustdlUlhe pOlenllalllS~IOlhe leluS l.borlndOelinry TORADOL IS nOlleccmmen~ed tor use ounng lalKlr ana dehvery Isee INDICATIONS AND USAGE seClIon ot lu!lllreScnlllng II1!OlmaliOBl Llct.llonlndliuralng Alter a s'"9ie ad~l\~ltatlon 0' to mg 01 TORAOOL~ 10 humans, lhe maurr.um mll~ cOll(entrallon o:!sefVe~ \\'a5 7J ng'fIlL ana \he mall' mum ml!I'lO'lllasma rallO was 0037 A~er one oay o! cos'"g llllollne mallmUm mil~ concen1fahon was 79 n; ml and lne maximum mlli;'IO' olasma ra\le II.U 0025 Caullor shoulo be elerClsell 'linen TORADOL~lsadmlnI5ieredloanurslngwO.'!lan Pedi.lricUse Salelv an~ efllcacy Ir, cniloren ha\'e nOI beer. eSlabll$lleo There!liIe. TORAOO~ IS not recommenoeo 101 use~' cnllolen UulnlheElderly aeca\lSe~el0rOlatlromel~rr.lnelsclearedsomtl\'IlalmoreSlowlyby lhe eloeMy (see CliNICAL PHARMACOLOGY section ollun prescnblflg InfOlmallonl wllOare also more senSII,velolhe renal etlecls ol NSAlDI (see PRECAUTIONS-Renal Elleclsl ellra CMon ana reouced !lOS' ages ISH DOSAGE AND ADMlNISTRATlON section o! tull prescflDmg mlormalloBlshouldbeUSeO\\'henlreaMglheeloeMYW11hTORADOL. ADVERSE REACTIONS Aaverse reaCliOn rales tlom snoM.term use 01 NSAlDs are genelal~ from IrIDlo 'L'2lhelalesassOC1ale0W1lhlong,rermuse, Thi$ 15 alSo true tOI TORAOOl.. AC'/erse reaction rales also may mcrease w~h hlgnel aoses 01 TORADOL Isee WARNINGS. aM DOSAGE AND AOMINISTRATlON secllan ol full prescnbLflg Inlormallonl TORADOLl l$lfI(!(aledlorSflOf1.termuse,P!lyslclansuslngTORAOOL::SIlOulobe alen lor lhe USual compllcahons ", IISAIO lrealrr.en1. ano Sho~lote awarelnatWllnIMgefuselelceedlng5daysiolTORAOOl::,lherre, cuencyanoment}'oladversereact.Onsma~lncrease PhyslClan5 usmg TORAOOL:.!.!. shOUIO De ajen 10 lhe relalrve risks assocla!ed wllh oose anll dose ouraHon as de5CflDea In CLINICAL PHAAMACOl.OGVaChrncaISludlesseCllono!lullpre5clilliBglI\!Otma' lion Pnyslclansus1ng TORADOL shoul~Dealet\!Oflhe usualcorr,p!I' caliOnsolNSAlOlrealmenl Theaoao~ersereacllonsIISledbelow'liere reporteo III dit\lCal trials 'Iillll TORAOOL In wlllch pallenlS recerved up 10 2Ooom, In 5cays,olTORADOL'::JOmgol ulll04 doses a cay trom long'lerm sludles ot TORADOL~ 10 mg Qld In aOOlllon, aovem leaCllOl1lthal\llere reporteo lrom TORAOOL1 POSlmalkeMg sUl'felllancearelBctudeoln'lnClaencelI1orLess"~ Grnlfllhan l'.fIPfob.1blt' causallyrelaleol, Body IS I Whol.: EOEMA'. CI'dioyuculll: HYPERTEtISl0N, Oflmllologic: RASH. pruflM', GI.lroinlestinll: tjAUSE~ 112',) DVSPEPSIA 112111 GASTROINTESTIIlAl PAIN (\J'I) con511pahon Oilrrnea'. !Iatulence, 1UlIOlnlUlInal lullness ~ml\lng, STOMATITIS: Hlmic Ind ymph.llc: purpura: NUVOlll SYltem: orowSlness'. OIZZlnesS'. HEADACHE fl7',l swealtng lnlecllo:\ 111e palfl was reported by 2'1 01 paltenlslllmulbllo1estuates(115',lorlhemOrplUneconlrolgIMI 'InclCence 01 reported reaCllon bel",een 3', ana 9~,. Those reacllons o<<url'"9 rIlen lnan 3'-to! llle pallenlS are lInmarkea RelChons lepofleo preoomlnanu~ hom long.lerm TORAOOL~ SluOles are CAPIT~lIZEO lneidenc. tl.. Dr lm lpr~bly causally relaled) Body II I Whole: hypersen5111vlly reactl0ll55UCh as anap/lylall$', b/Ol1Cllospasm laryngeal edema rongllt ecerna, hyr:lCltllSIM ana flus/hflglilt1ghlgalll,lmr,ClldioVIICUIIl:lius!llng.Pllpllalion,pal. lor hypoleflSJOil syncope: Dllmllologlc: LyellS syndlome. Ste\'el",s. Johnson synarome, u'olral/~e dermallllS m,culo,papurer filII, url(afla: Gntroinlnlin.l: PtPIIC u~eerallOfl. Gt hemOlrhar., GI Pttfc. rat/Olllsee WARNltlGS aM PRECAU1IONS~ melena, reclal bleeo~9 1ISllIIIS, eruC111lon, anotel1a, lBcrmedappellle, Hemlclno ymphlUc: po5reperablf1l00llllhlmorrMge, larel1reQulllngb:ood tran5t\lSIQn (see WARNn~GS and PRECAUTIONS) lhlOmbOCyloptllll. epl113ll$ anen'lla NervDus Sylllm: COIlI'll!JiOllS, vertigo, !remers, aDnormal dleams hallUClfl3bons, e~ohorL3, Rllpiratory: dyspnea, o1srhma, pulmonuy edema, Urogenltll: ,eurl renallal'ute (see WARNINGS and PRECAUTlOtjS~ /Ian!. p.lillwdh or 1l1rhOul hemaru~ BnG-'olaJotelfW,ohgurL3,nephfllIS, 'lIalJCs denole rucllons reporlld Irom pOSlmllUMQ eJPfI/ene. Olhlr Adnt'll Evenl' Icausal relal10nShlp unknown~: Body III Whole: aslllenl', Glllroinl..llnll: panelealrllS: Hlmlc Ind Lymph.tic: Itulope/ll.J, EOSltlOPHILI~ Hmous SYllem: P3fUlhf' 511, lleprtsSlOfI. IllSomn~, nervousnm eltUSlve lMSI. dry flII)J\h, atlnormallhlnklng, LBablhly 10 concenllale, hypetklneSII, SlupOl: RupirllDry: RHltlITlS, COUGH, dt1pnea: SPICIII Sensu: a~' mal lISle. aonormal Y1SlOfl blurreO VISIOn. lil\fIIlus HEARmG LOSS: Urogtnil.l:poI'j11I1I.lfICreasedUllnalyllelluenev lRelcliOOS occurled under clrcumSlances \IIhere l~e causal r,lallOll' VlIP10 TORM>OL trealmenl haS 001 oun clearly eslaDllslleO, lhlY Irt plmnleO as alerting lfI!ormal~ 101 phySlC1,ns Rucllons repo"lo preoomlhanlly hom long,Ium TORADOL~ Sluoles lie ~lA1I1EO See pacl:age ,"Wi 10' lull prescrlbln~ IIll0rmabOll Caul.on Ftderallaw ProhlMSdtspenslng wllhOulprescrlPllOtI USPalenltlo.oe9.969andOllleIS March 1993 JAP3Dl P093D65 SVnlolLoborillo,.O&,lne, Palo Alto, CA 94304 -& 1993 Synlollaborolollcs, lne, ~ SYNTEX I 40 DENTAL ECONOMICS I NOVEMBER 1993 o . .. RESEARCH PAYS OFF openness and contemporary style;' says Dr. Di Cesare. "With today's emphasis on cleanli- ness and sterility in dental offices. the centrally-located and very visible sterilization area is proving to be a big com- fort to our patients. ';It is likely that updates and technological advances will be made. but the design and quali- ty of construction of this facili- ty will make for many years of usefulness," 0 ,,~i '. ;,.~.,. ~,W<"" ' ",~.".' " > ~;1"'j. ",' i!1:;\l'[C\,:.,;: ~'r"~"'I";"1 .\""".,"'\;, I~t::!t,:,:~? I. .~ .,' '. ", o "~': " G)WAITI~O' @OU8INESSOFFICI! .' ! ..,~.' "!' :.-' :' <',>:.:, "...:', " @PRIVATB'OFFICB; ',>, ,', ::;,", "... @~ReA TM,BNT R'O~IIB ' ,. @STERI~'~ATI~N:"/: ',;' '.'~;: :',: ~,:, ,.::~,~':':,:<~q\' ~Jj\r':';:;j @LA8:'~:\i';'::':::;:"\"l' '\'; , :'.' ..".' ':'l;".~/, \."..'l..... ,I . : 0~ARK R'~'O~ '.,'; . '@BTORA~B ,i @COATB ,~,~ ".. . ! l~ r ~ ~ " Ij ~ i I i.l ~ ~ '{ tit '1 C~ t:t ({ ;'i' , 1'\ i:J ..:t' !~ i~ f{ ,~ , " " " .. .-, 't ~ ;h " ! l a ~ ;t.l. .t . ), '1 I 1$ i . '.' :1 ',' j " " ". '" '1 If, ~"~ 0 ,. ;'~:.-:i. , , ltient fully nds" I toe, !ntlv . med :ient n13 )ma lino- to fine L1ite the uilt lay. ...'~-.... " " \"j .' , ",~t: ,'1: , " , , '.' ~ -. ,.' . , :~ " The reception area is simple and inviting. The house the doctor renovated (inset) is spacious and,well.located. Office of the Month ~ l7fl J.c~ ~j ~y;J~ ,f\ ,;,. ~r:~ } J '\l'~ ~ :i] v jd 1 t'J llJ ~ J ,;I r;; ;J , -0 a]'}Jays Warr!tedP by Ron Combs, Associate Editor Experienced dental.office plan net's usually will agree that one of the least expensive methods of building new oflice space and .one of the best investments a dentist can make is to buy an existing building and renovate it. Far newly graduated family practitioner Sharon M. Vel'dinelli. that approach has been a fast track to "the af'fice and practice I've always wanted," By the time she had graduated !'I'om the University of Penn- sylvania School of Dental Medicine and had completed a two-year residency at the Veteran's Administration hos- pital in Philadelphia, she had decided to open her dental office in Mantua, New Jersey, her hometown and a suburb of Philadelphia. "It was my lucky day when I drove past the building that formerly was .occupied by a realty company," she I'ecalls. ,,[t was an older, well.kept structure with easy access ('rom a ('our-lune high. way that immediately attracted my attention. This will be per- fect, I thought." Dr. Verdinelli called on local contractors to renovate the 1.800 square feet on the first floor for her dental office and , remodel the second floor 1'01' her personal living space, The exterior was refurbished and landscaped. "Over a six.weeks period. an all-out effort was made to make the office as attractive and inviting as possi- ble," she' says. "All the activity DENTAL ECONOMICS I MARCH 1994 69 o o \- ..', ',"...'r:...-" "5' " 'I' .. .. '1', r I j' I O. ttai,:r~ i I I , , , II II II !I I I I i I , I I, i i I I , ' i /".. , [ .'\ i-''\ , \ ' \ ~ \: i~ , \ i' I ~ I '~' I. ~~ :' :i~';~j' '~': ~ ~ ,; '~~" :. ,/,1) i('I!W\tl .- , , ....-,.- , \" . .' , , . '~t, \ I , '~ .. '. :: ',' ~ . 'THE PRACTICE I'VE ALWAYS WANTED!' .' , . :.,..'1,,;' '. ,~!~ n.... ~:~ ~:, ':' ',~\,t,;_~~;~~'::':.;, , ' ....;; }l?~i'~~~, ~;\r :':'~V~;:' ",:, ~~~)::b?~ .:,; 'h~.:t:~':;)Y:';; ',,', ...., """"',,'" , "'-',,' ,,' ;:" <:,"";n"':~:'.' ..,';.', ,.' PRlYA'll~FF~ ',;,:; '.';: \: ~I' ..:;~~' '(.1 ,?,...." ;;:;, :,''-oPE/!.TO/l.Y f' ", :~':~r .'~';~~, "~I' p~ " >. ':,,~ ' 'fA~[NTS ;,~;,~,'.':,:,{~ L7{f~~;'~'\)}:~: i,";; ,~~~~'~;~" "N~h', .:' , ," " ., l."",.,'.'":,, ',' ~,;'"" : '.'.1"".-,'" ' \' :~;; ,1.'ii1:~>:,[;~;:'X'(;:,,,f:' , '", ", ,!\:,:>:;:, ~ 'f :i'l~:~f!P.'R':~.~:'i~:~~;::,~~ "'. t""" , -.<:,'t"::,~;:",:,,, ',i' ',:."',','~"',','v~~~,,~f,,:,,i,,u , ;~~~" '}\2:t5i~;:.,;!:' '~':': OP'~~~~~ ,'X .- " i,Wi:~~r,:,~;':;.:"H( i' '6,":\:: \'::,,: '\'.'J,~'~' ~.:' ~.,.. , '.", :~:':;.:~,":'~':,: ';-',,' ,;';~;\;'}~~;':;}\::'~~:~\:~:'::" ::':' ',; '" 70 DENTAL ECONOMICS I MARCH 1994 around the property generated a lot of interest in the commu- nity as word spread among all the people who knew my family that I had returned home to practice dentistry." Since the office was opened to Dr. Verdi nelli's first patients in June 1992, practice growth has exceeded her highest expecta- tions. "Many of my patients tell me that, initially, they were attracted by the setting, which, in their minds, indicated that this was a place where they would receive quality family care. And, too, I grew up here and many of my patients know my family., . that helps a 101." Dr. Verdinelli presently works with a full-time business man- ager/receptionist and three part-time assistants. "I have all the space I will need for far into the future," she adds. "I've always wanted a small office because I feel it better reflects my practice philosophy of pro- viding quality, professional care with a personal touch." The doctor points to the three spacious operatories, the pleas- ant reception area and the lat- est in sterilization facilities as the main features in the office. "Being able to walk through the sterilization area on the way back to the operatories or pri- vate office enables me and the staff to show and explain infec- tion-control procedures. The private office is' used for new- patient review of radiographs and consultations regarding treatment plans. "I have the perfect practice setting for the dentistry I want to do," she concludes, 0 'cl~ ~ - _. ~'u--: , 0_=)< - ". . rr I ~ I It:.. l:J " , ~O' (- , 0 , ~--_._,-- .. "-,',.' ;~"~',,"" .'" .. ' ;.'_".u:....,~.._:. ,'" " " , .' "t" ~." ~ \',!' , '~ . . '~,' ,.. " . .f', .';" , ;' 1.'.,:< , '._/. .. . _""'M"_'::~"! ,. ." . _ ,_ _ '~.~ :"._'~~;~,...<"~ .",.. ~,' .',4' .'.l.:.~',;".:",,: i,:~':.,;.";,,,J!.i,,>-~::,,,:::;,_.~,,~ ';'L~-J .:.~" '!. . '_." ",.>, .'., ,...:- ; ,\':< '_'., .; :.! ,: , ~', ,;:;:: ~,:;..-,;:~ ..l:'~:: ' :; .,."..-:' ',,!:," City of Iowa City MEMORAN.DUM ,r r"i \ . \ i~ I' ! i .. : f' , ' , . i I ~, ~'i . ", , ;'~ I~,~ . "", hI f, ','It' 'l'( i~ -' Co Date: April 7, 1994 , To: Planning & Zoning Commission From: Robert Miklo, Associate Planner Re: Requested Amendments to the CN-1 Zone In addition to the amendments to the CN-1 zone recommended by staff in the March 11, 1994, memorandum regarding this subject, staff suggests that the Commission consider additional amendments to permit, as provisional uses, certain offices which may be appropriate in a neighborhood setting. Staff suggests the following offices for consideration: general dentistry, insurance sales, family medical practitioner, chiropractor, counselor, real estate agent, travel agent, accountant, and attorney. As discussed in the previous memorandum, staff recommends that these office uses be allowed, provided each office does not exceed 2,000 square feet in floor area and that the total floor area devoted to offices does not exceed 30% of the floor area of the zone or 15% of the ground floor area of the zone. Staff feels that this maximum floor area requirement is needed to assure that these offices do not exceed the scale appropriate for a commercial development intended to serve a residential neigliborhood only. Other types of offices not on the list could be considered by special exception as currently provided in the CN-1 zone. The Commission also discussed the possibility of allowing small retail shops such as gift and novelty stores, If such retail uses are to be allowed, staff would recommend that they each be limited to 1,000 square feet of floor area to help assure that they are not of the size that relies upon a community-wide market area. If the CN-1 zone is amended to include these uses, staff feels that it becomes more important to require a planned district for the zone. Neighborhood commercial areas are intended to serve surrounding residential areas and, therefore, should be designed to fit into the neighborhood. A requirement for a development plan will help assure that this intent is adhered to. Approved by: h~ Monica Moen, Sr. Planner Department of Planning & Community Development b~cn.1zonQ '~~b -'>>v~ )','..,""".,"..".."..'."'.. . , ',',",' ',:'"..,..,' :',',:':".' . ~ \. . ;....',. ,<:',>,:,,:,:::O,I'::'<:L," ,\~',~",; " , ',,~,-:,-;:,:;/I/,":'l~';:"',',.: ""':'::lr:"f:"~', ' ' 25" 1[5.. " ' -"uT~-- ~ r .,.. l ", I " I I I I I . " .' :\k-.', I, " I I ! I @ ,," ", ,m::tj .. , -' , ':r:,\I, , '~. , ~. :.' . City of Iowa City MEMORANDUM / i Date: Marcl111, 1994 To: Planning & Zoning Commission From: Robert Miklo, Associate Planner Re: Request to Amend the CN-1 Zone Background: Attached are requests submitted by Harry Wolf of Southgate Development and Bruce Glasgow of Plum Grove Acres Inc. to amend area limitations of the CN-1 zone and uses permitted within the zone. The Commission received these requests in late 1993 and asked that staff study the proposed amendments. As detailed in the attached letters, it has been requested that the City I consider: . Increasing the maximum allowed size for CN-1 zones (the current maximum size of any I area zonefd CN-1) is seven acres; the Walden Square CN-1 zone contains ten acres as 0 a non-con ormity . . An increase in the maximum size allowed for grocery stores (under the current CN-1 zone regulations, grocery stores cannot exceed 10% of the land area of the zone or generally 30,000 square feet - 43,000 square feet in the case of Walden Square). . An increase in the permitted square footage for offices uses (office uses are currently restricted to no more than 15% of the total floor area of the CN-1 zone and no single office is allowed to occupy more than 1,800 square feet of floor area). . Broadening of the uses allowed in this zone. ., t. . A request that dwelling units be allowed above the ground floor of other CN-1 uses. The original CN-1 zone was developed after much study and was based on research conducted by the Urban Land Institute, a real estate development research organization; on the ordinances of other communities which have neighborhood commercial zones; and on the square footage of uses located in existing commercial areas, such as the North Dodge Street Hy-Vee/Drugtown shopping center, which were seen as appropriate models for neighborhood shopping centers. ;-. , In 1989 the City amended the CN.1 zone to allow additional retail uses such as video rental stores; to increase the maximum allowed office floor area from 10% of the floor area of the zone to 15% and to allow individual offices to increase in size from 1,500 square feet to 1,800 square feet; and to remove the special exception which allowed consideration of residential uses above the ground floor. In 1990, the City again re-examined the maximum allowed seven acre size for CN-1 zones and chose not to increase it at that time. i'i' ,\~ ,HI 'j iil ,-.., .'t 0 L..'___ _.,~...." '-- , -~"= _'l~. - '.0),.",.' -~ .- I I;}~~ l , I 10 ' , 'l~ , J ~ ~ T~f .',' ' . ,\ , ' (" ......-..... " ' , , ,I, : " I II II : ill" I I ! ! I ~, I I I' , , I j! J ~l,) , , , I , 1:~;~v~~'~,I<,' ., '~' ~t1' ," , \ ~"~' I . '-"', .'............ (~ - ; 0 'I,: ____'.,_______.. ,'., ,;", " , .. ,:t ~ \', '. " - " .~, ~ '- .,.. . . ,\', .'..,~ ~._.:' ;".:-,,', ... ;:,-,e. ".._'_:'.-~:,;::<~'.'.h.:... ,~ "., ' .~ " , ~~' 2 Size 01 CN.1 Zones: When deciding on the appropriate size lor CN-1 zones, it is important to consider that the function of the zone is to serve the day-to-day shopping needs of surroundinQ residential neighborhoods. The Community Commercial, CC-2, zone is designed to fulfill the zoning needs for community shopping centers that serve a larger area and therefore draw more traffic than may be appropriate for neighborhood centers. It is clearly the intent of the CN-1 zone to not allow businesses which are required to draw customers from the entire community. To do so would change the role of the neighborhood center to that of a community center and would have undesirable effects on surrounding neighborhoods in terms of traffic and appearance. For these reasons, staff believes that any increase in the maximum allowed size of CN-1 zones should be closely considered. Literature on the appropriate size for neighborhood commercial zones generally suggest that such zones should be restricted to 3-7 acres, but in some instances up to 10 acres are appropriate for large neighborhood shopping centers, A 1993 study conducted by the Urban Land Institute, Dollars and Cents of Shopping Centers, indicates that the average square footage of a representative sample of neighborhood shopping centers buill in the past three years was 59,358 square feet. The smallest neighborhood shopping center in the study was 38,124 square feet and the largest was 84,753 square feet. An analysis of the seven acre Court Street/Scott Boulevard CN-1 zone indicates that an approximate 75,000 square foot shopping center could be built within that zone. This analysis indicates that the current seven acre size limits for the CN-1 zone is in keeping with national trends and could accommodate a reasonably sized neighborhood shopping center. ~ Based on the above analysis, staff recommends that the maximum size of the CN-1 zone not be increased, but if the Commission finds it appropriate to increase the maximum size allowed for the CN-1 zone, that the maximum be restricted to ten acres and that CN-1 zones greater than seven acres in size be planned developments and be required to provide amenities and buffering greater than those required for smaller CN-1 zones. Staff would require additional time to develop such provisions. Maximum Grocery Store Floor Area Much like the maximum seven acre size set lor CN-1 zones, the maximum floor area for grocery stores was based on the desire to limit the service area of CN-1 zones to surrounding neighborhoods. As noted, the current maximum grocery store floor area permitted is 30,000 square feet. As shown on the table below, grocery stores located in existing CN-1 zones fall within this limitation. CN.1 Zone Zone Grocery Store Store Percent of Location Land Area Tenant Size Zone Area North Dodge 6.7 acres Hy-Vee 19,800 sq. It. 6.78% (291,852 sq. fl.) Church Street 4.0 acres Eagle 16,000 sq. fl. 9,18% (174,240 sq. fl.) First & Rochester 7.4 acres Hy-Vee 25,824 sq. fl. 8,01% (322,344 sq. fl.) I~~~ ;\, "':'1" 0:' - ,'0,':) ....'_."'_... ".'_8 . " '~--r:"'-':: ') t:. , .. ,J - ;'{J~:! ( .~\ \.. \ ,/"\ 1.'"(" I" ,(,. , :i,. , \l" "'j , ~ ;'i~' :~~~~'~{l ;T'~ ~-' .((~" 0 . . f "t' '''\1,. ~ ".. :; 3 The Shopping Center Development Handbook, published by the Urban Land Institute, indicates that, as the size of retail square footage increases, the market area, or size of the neighborhood needed to support a retail establishment increases. In other words, at some point, a grocery store could become so large that it requires to draw customers from beyond adjacent neighborhoods and possibly from the entire community and surrounding communities. It is for this reason that the CN-1 zone initially limited grocery stores to approximately 30,000 square feet. The Urban Land Institute Study, Dollars and Cents of Shopping Centers, reports that the median sized supermarket in neighborhood shopping centers is 25,000 square feet. The smallest store reported in the study was 18,757 square feet and the largest was 36,776. The study also included a super store category for grocery stores which carried lines of products and services in addition to food. Stores in this category ranged in size from 26,675 square feet to 48,900 square feet with the median size being 36,464 square feet. Staff recommends that the current 30,000 maximum floor area for grocery stores in the CN.1 zone be retained, but that consideration be given to establishing provisions for neighborhood super stores. Neighborhood super stores would be defined as grocery stores which, in addition to food products, contain other uses and services appropriate for a neighborhood shopping center. Any square footage above 30,000 would be required to be departmentalized for uses such as financial institutions, video rental, florist shop, etc. The maximum size of a super store would be limited to 40,000 square feet. To assure that the larger buildings required for super stores are comparable in scale with residential neighborhoods, building design guidelines would be appropriate. Office Establishments When originally drafted, the CN-1 zone restricted the square footage of office establishments to help assure that individual offices did not attract business from a larger market area. The attached Exhibit A, which reports the square footages of various offices around the community, was compiled in 1989. As shown in Exhibit A, the 1,800 square foot maximum allowed for individual office functions would allow many existing offices, which are located in our community, to locate in the CN.1 zone. Offices such as dental offices are appropriate for neighborhood zones, but should be restricted in size so that the practice does not become so large that it draws a great number of clients from beyond the surrounding neighborhoods. Staff recently reviewed a number of office designs for dental offices contained in 1993 and 1994 editions of Dental Economics, a dental trade magazine, These plans showed that the office square footage for dental offices with one and two dentists, ranged from approximately 1,400 square feet up to 3,000 square feet, wilh an average of approximately 2,000 square feet. Staff recommends that, if the Commission finds it appropriate to increase the size of individual offices allowed within the CN.1 zone, a maximum 2,000 square foot office be allowed. In addition to limiting the size of individual office establishments, the CN.1 zone currently limits all offices within the zone to a total of 15% of the floor area existing or expected within the zone. This limitation was designed to assure that CN.1 zones do not become de facto office zones; with offices replacing the retail establishments needed to serve surrounding neighborhoods. It may be possible to increase the total square footages of offices allowed in the CN.1 zone without displacing retail services from the zone by allowing additional office square footage above or below the ground floor. In this manner, the first floor of buildings would be retained for predominantly retail uses while the basement and second floor levels could be used for additional office space. ,,---'........ ,.......-....... ~~=~.._~~- '0 J " ... . ~:'1. ~' ij i- f r ~" IJ ~ .~i rl ~} it) I J~'~~, . , I a' /, aD !:-':3:rn " '.. , .' , ',~t:, \'1,. . , ~ ~..' , . ;! , 4 Staff recommends the CN-1 zone be amended to allow no more than 15% of the ground floor area of the zone to be devoted to office uses, and that the total floor area of all office uses within an area zoned CN-1 be limited to 30%. So that the City can continue to monitor the amount of office square footage appropriate for a neighborhood commercial zone, staff recommends that offices continue to be permilled only by special exception in the CN-1 zone. Dwellings Within the CN.1 Zone When originally drafted, the CN-1 zone allowed dwellings to be considered by special exception above the ground floor. In 1989, an amendment was adopted removing the opportunity for this special exception. There apparently was some concern that by allowing dwellings above commercial uses in the CN-1 zone, multi-family uses might be introduced in close proximity to RS-5, low density single-family, zones. It is arguable whether the commercial uses allowed in the CN-1 zones are more or less compatible with adjacent single-family uses than are multi-family dwellings. Staff believes that when appropriately designed, multi-family uses above commercial uses can be compatible with adjacent single-family uses. For this reason, staff recommends that the special exception provision to allow the consideration of multi-family uses within the CN-1 zone be reinstated. Consideration of Additional Uses As noted, the uses permilled in the CN-1 zone are intended to serve populations of adjacent neighborhoods. For this reason, when originally drafted, the uses permilled were fairly limited. There may be additional uses such as copy centers, photo finishing services and shoe repair services, as suggested by Harry Wolf in his leller of November 9, that would be appropriate wilhin the CN-1 zone. ( Mr. Wolf also suggests that restaurants be allowed as permilled uses within the zone. Because of the potential for fairly large restaurants requiring patronage from a large area, staff recommends that the special exception requirements for restaurants be retained. Through the special exception process, the size of a restaurant can be considered and limited to help assure that it does not draw from a community-wide clientele. It may be appropriate, however, to allow limited food services, such as an ice cream or frozen yogurt retailer within the CN-1 zone. .?, ,.. 4~ Pedestrian Orientation Given its intended neighborhood market, the CN-1 zone should provide the opportunity for access by pedestrians, Staff has observed that development in existing CN-1 zones, due to site design and layout, is not necessarily pedestrian friendly. For this reason, staff recommends that additional guidelines be incorporated into the zone to encourage integration of various uses within the zone to make it easier for pedestrian access. These guidelines include requirements for pedestrian amenities and details such as bicycle racks. STAFF RECOMMENDATION I ~ , I Staff recommends that the general concept and nature of the CN-1 zone be retained. Amendments to the zone to establish a category of grocery stores to be known as neighborhood super stores limited to 40,000 square feet with any floor area over 30,000 square feet being devoted to non-grocery items; a slight increase in the size of individual offices from 1800 square feet to 2000 square feet and an increase in the overall office square footage permilled in the zone by permitting offices above and below the ground floor; a reintroduction of a special exception for dwellings above the ground floor; and requirements for pedestrian amenities may be appropriate. , , I ~ I , , "~.. :~'; ,. iiil I , , .. ' - o .J.' ,-.----. .' , lL - (=--~ ~- -. ,.. . ,0 c fir r, , ~ ~ ~ ~ r ~ )" L, ttVl" ,{ .{. r 'j t. ..... \..) I [J. ." ". ' ":',-, :1": ~; ~f~',.~ ,~. J'" j ", . , ,',"', , "'t" .',,"\\1., , '... ,,'- ;~: ',' ".,-1 , " :"""':. .,.. , .' ':..~'-..,:,_.:. _..,..:.'.;.,~ .,." ,. ;::,"".:~~~-'~~,,-,~_.._,...: ..-., . . ' .....".-..:..,','.... """,",,'" ,'.....,_...,'.... ~': ~';~.:',. : ;;';".~ :' :.;, ;7,"_.. i 5 i Staff has drafted the attached amendments noted in bold print in Exhibit B for the Commission's consideration. Approved by: ~'~ Monica Moen, Sr. Planner Department of Planning and Community Development Attachments bj\amendcnl , " ". :........"...".- ,i;. " ~ ., ! I I I i i ~, II' ' II J' ~ l,~j \'l,'....... ... \ , ~...~r' ,:;, ---~---,- --~~. "- --' ), ',..,.,,,.......,,...,.., " 'ii""" ",.., \' O "" .', ""." 1\'" . '", ' , ',' ,',,: ;" ;,; ,:>' ," , , ,:'~ " . ::~~:-,T'F;',:i;~,': I~~~ --"...'~,'.-.:-r-'--:;'-~':..,... D, "0'" :!. .,"', ',S'<,,"U !. , ;".' '. .-', " ,." ,", "..,,'1 ,:\ ' . "I"i ~~~, ~', '.I: " :': !,' ,', ,,';', ' , :'~t\ 1'1; . .. , " '~ " ',;I , ,>-', ' " " , ~ " "., ,,;' , " . , - ,_':,.",:,..: ,.,; ";;~",.,.-_:.;:~. :." .;_..,1.2. '.:,~..,,_~~,:~~' ~ t, "~: .,:., .~......;.':.;~:::~:,~i';';~~;:,~::i :.~;~::~;,~:i.'-~:;;' ..;;,~~: '-L:,~':",;:,;;; ;:;:~, ::::-:~..,:'_';,,' .' ,'~~,'::',::..:.,' ,- .:,', ,;, ;. '~ .,.. .' . ~', ' ':.'..,<',',:I,.,:,:~":;::',,.,;;,;j,,;':~ "'-,.;. ',:' EXHIBIT A OFFICE USES Random Size Survey (1989; Revised 1994) MEDICAL OFFICES Kammermeyer Eye Associates Pediatric Associates 404 E. Bloomington 1060 William 605 E. Jefferson @750 sq. It. 3,700 sq. ft. 4,800 sq. ft. DENTAL OFFICES Connors 803 E. Market @732 sq. It. Kienzle 1421 E. College 1.050 sq. ft. Clemons 1041 Arthur 1,100 sq. It. " Kammeyer 611 E. Burlington 1,528 sq. ft.+ River City Dental Care 228 S. Clinton 1,620 sq. ft. LAW OFFICES (i) Bartley 528 S. Clinton 1,570 sq, ft. Rate, Nolan 22 E. Court 4,200 sq. ft. Leff 222 S. Linn 4,400 sq. It. Phelan 321 E. Market 14,000 sq. ft.+ Meardon 122 S. Linn 14,800 sq. It.:t INSURANCE OFFICES Farm Bureau State Farm State Farm IMT The Iowa Agency 2130 Mormon Trek Blvd. 1700 1st Ave, (Eastdale Plaza) 1929 Keokuk 433 Highway 1 West 625 S. Gilbert 3,360 sq. ft. 1,440 sq. ft, 750 sq. ft. 700 sq. It. 1,400 sq. ft, ppdadmlnlsurvey.off - )q'~ .... -~-. = ..',',.'.., "_',, ,.,.-;;;..;.... 0..;,). ',.~{,:':.'(...F','7\'.'.."..??:,;'~'7.:)..5 " - -- -- -. - =~ ..--. ,:,-'" ;'\ "", ,...... ",' , , . ,.~,'- 0 ,~ 'I'D> ~;~'i . ' I. ;' " -' , '~t: ,i' , " ~ '. ~. . ,,", J: ,-,~ '_"::' .."u ~.~ . EXHIBIT B Sec. 36-18. Neighborhood Commercial Zone (CN-1). (a) Intent. The Neighborhood Commercial Zone (CN-1) is intended to permit the devel- opment of retail sales and personal services required to meet the day-to-day needs of a fully developed residential neighborhood. Stores, businesses and offices in this zone should be useful to the majority of the neighborhood residents, should be economically supportable by nearby population, and should not draw community-wide patronage. A grocery store or grocery store/drugstore combination is favored as the principal tenant in a neighborhood commercial zone. In general, the CN-1 Zone is intended for the grouping of a grocery store and small retail businesses and office uses which are rela- tively nuisance-free to surrounding residences and which do not detract from the resi- dential purpose and character of the surrounding neighborhood. The location and development of neighborhood commercial sites should follow the criteria set forth for such sites in the Comprehensive Plan. (b) Permitted uses. (1) Barber shops and beauty parlors, laundromats, afl€Ilaundry and dry cleaning pick-up and delivery services, shoe repair services. J (~. \ \ " , (2) Copy centers, (3) Photo finishing services. ~ ~ (4) Drugstores, florist shops and variety stores. r (5) Financial institutions, branch offices. (6) Ice cream/yogurt stores limited to 1000 square feet of floor area. (7) Retail bakeries. (8) U.S. postal station. (9) Videotape rental store. (c) Provisional uses. a ( I I' I I I (1) Grocery stores, including specialty food such as bakery and delicatessen goods, provided that the floor area of a grocery store shall not exceed ten (10) percent of the land area of the eN 1 zone in which the g~s locatee 30,000 square feet. , 1", ! i~" , I , I '; i , " ') ;ii ~ \,);,,41 (2) Neighborhood super store. A grocery store which includes departments for goods and services permitted in the CN-1 zone and is greater than 30,000 square feet but no more than 40,000 square feet, Floor area over 30,000 square feet shall be departmentalized for non-food products and services, '. J~'b ~l C" .,,- .. lr"'~ l' ~~~ ~ - :.)', I,,,,,'," : () ,0 :' , ., ----,~....._-~ "'~5 \' rd': " ,. :~W} , ;' i ,;l , '~t \ " , '\'" . , '.: \ -. . ~: " ,'....'..,:,':.',::'.'.,'.. 2 (d) Special exceptions. (1) Child care facilities subject to the requirements of Sec. 36-55. (2) Dwellings located above the ground floor of another principal use permitted in this zone, provided the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of one (1) roomer may reside in each dwelling unit. (3) Drive-in facilities for financial institutions. (4) Filling stations provided that no part of the filling station site shall be located within 100 feet of an R zone boundary. (5) Offices in which no activity is carried on catering to retail trade with the general public and no stock of goods is maintained for sale to customers except for those retail establishments specifically allowed in this zone, provided that: a. No office establishment shall occupy more than 4SOO 2000 square feet of floor area; b. The letal ground floor area of aU office uses within an area zoned CN-1 shall not exceed fifteen (15) percent of the total floor area, either existing or proposed, in the zone (to determine the area zoned CN-1, any streets contained within the zone shall be disregarded); c. The total floor area of all office uses within an area zoned CN.1 (including ground floor, second floor and below grade floor area) shall not exceed thirty (30) percent of the total floor area, either existing or proposed, in the zone (to determine the area zoned CN.1, any streets contained within the zone shall be disregarded); .!::. I d. \ /! ,.,~. I I , I , I I , I :I , , i I ~1 '~.~~ f~r L c~ The location of the building in which the office is located does not dimin- ish convenient access to retail sales and personal service businesses. (Ord. #89-3440, 11/14/89) (6) Public utilities. (7) Religious institutions. (8) Restaurants. (9) School - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None fI" , ',' ~I(J ~~ !' I I I r ,~~~ , ' , 'Ij, 5 ~ [J ' ~-,~ , , ,"'''~'~_ .-~'--r- , ~,):i" , ^ !::.~ra.~~\! j I;; . .' . .'," .t \,\'1, ~ ' ". , ,.." , " .,.. . . , ',' .."~_','._,+..'" ;:,:. .', ',.:. ,~~ ,:'J. :',>.,;:,',.'.!;:' -' . ,'".. '...... ...,' ,- l~ 3 (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear- None (5) Maximum building bulk: Height - 25 ft. Lot coverage - None Floor area ratio - 1 (fj General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1 ) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory uses and building regulations. See Sec. 36-57. c. Off-street parking requirements. See Sec. 36-58. l d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-64. ...'""'" " )\,' r~'\ ~ r~ ,I I ' (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. c. Performance standards. See Division 3. j" I I d. Non-conformities. See Division 4. (g) Special provisions. , ; I , I I : I , ~, ! I"'. I) :1 ~ }, '~,~~~'i,' ~,\~W :;titt L.~ (1 ) In no instance shall an area zoned CN-1 be less than three (3) acres or more than seven (7) acres. (2) Religio\;ls institutiens whiGR-elGstod OR Allgust 7, 1962, FRay expand wi#lG,* compliance witR tRe EliFRensional requirements or the off street ~arking ~reFReflt&.. t[', - 0 .' '---._~--- "..".:. ~~~~.....~ _ ,~ ':. .__..-'> o,,~j' ".',"'.' I~'~ ",--,,,,,,,.,,;:,.., '--1':-:-'" .'15' llt . ' ,?..7z1!21 (l"~"" ;' 1 " , "t "\\t:. '. . ~ ".. .,.. . . :; , ~,' .\l 4 (h) Desi~m Provisions. The following design provisions are intended to help insure that this zone develops in a manner which is compatible with adjacent residential neighbor. hoods and encourage pedestrians access to the zone and within the zone. Prior to submitting a request for site plan review, an applicant shall have a pre- application conference with the Director of Planning and Community Development to discuss the application of these provisions to the subject property. The following design guidelines will be applied during the site plan review process. Alternative design solutions may be approved if it is demonstrated that the alternative meets the intent of this section. ~ (1) Bicycle parking facilities shall be located in convenient areas of the development and shall be so located as not to impede pedestrian or vehicular traffic. (2) Modular masonry materials, such as brick and concrete pavers, or gridded cast.in-place materials, such as exposed aggregate concrete are encour. aged as paving materials and accents in order to define pedestrian , '1 walkways and to improve the appearance of paved areas. r J (3) Pedestrian access to adjacent residential areas shall be encouraged tj t through the provision of sidewalks in addition to those located on adjacent public streets where appropriate. (4) Pedestrian access between the uses located within this zone shall be I encouraged by the location of sidewalks and other pedestrian.designated routes. ~ (5) Parking lot layout shall take into consideration pedestrian circulation - pedestrian crosswalks shall be provided, where necessary and appropriate, shall be permanently designated with materials such as textured or brick paving, and shaH be integrated into the wider network of pedestrian walkways. Pavement textures are encouraged elsewhere in the parking lot, as surface materials, or as accents. (5) The ends of parking aisles shall contain landscaped islands. (6) Areas which are not used for vehicular and pedestrian access or parking shall be landscaped. (7) Buildings within the zone shall relate to one another, both functionally and visually, A development with multiple buildings may be organized around features such as courtyards with trees, greens or quadrangles, which encourage pedestrian activity, (8) Buildings shall avoid uninterrupted wall or roof planes. Building wall offsets, including both projections and recesses, and changes in floor level shall be used In order to add architectural Interest and variety, and relieve I~" I. I'; ~d:, ~==.~.... - .....- ~--. oj ''I 15 ' , .\: ~_. llii.~;m.'(.. . !" , , '.. y"').' " :--':-...,' '. ". ,,~ , , , ",'.'-", ,t, (' , - ".',\ ~ , ,,; ~ ,; ".' , L" , .,.. '. ~ , , , ' '.",,;',: ...;l' ',C-i l'...~,-U..,.,~'.'"~...i, ._~r,~.~~, _" ;, " .i (-:' \ ,,.1\ ("? I \ , ,II ~,,'~'1i,' ,~, " {t 'r) I, .Co 36-1Bncz.dlt " " . ' , , .'. .;~ _~~,,"m...' ,." "'"~\, ~~,:"'~~:.~~.:.:.:. ,..,;...' .'..:,~~:-J,~.,;t,:',;.':::"::,.'..':'i,t~;,,j ',;:;,~ ~'; ;:.~,....:.t';'::. ':_: ;:::.~i,~ ',:',' _'. ...'., . ',:::..;,.,:::.:',: ::,;:.:;~:,',';'::::;:;:.:"f,;,':,:'~; -';.;.:.;:;,.'~' . 5 the visual effect of a single, long wall. Similarly, roof line offsets shall be provided in order to provide architectural interest and variety to the massing of a building and relieve the effect of a single, long roof. (9) Blank, windowless walls should be avoided on the fronts of buildings. Where the construction of a blank wall is necessary, the wall should be articulated by at least one of the following methods: changes in plane, building material or color. (10) Air conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing and satellite dishes and other telecommunications receiving devices shall be screened from view from the public right-of-way and from adjacent properties, by using walls, fencing, roof elements, penthouse-type screening devices or landscaping. , ' I I@ 'i " ! , " T"~_ I~~~ , ~')', ':'''''i'''\';:::::'''''\''"'7:'-;:i',,,'T'~'~'TT::': ',,' ", '1'0"';: } 0, ,i~," , '",' ,)c.,.., : ",",J ,,<':', ',i, " L' , "~' ~?,".:\, : ,",..' ,,/: ~' --- ., 3rnJI:! c i~ ,. ~ ri '~'1'~ .., ,';r I t('- 0 , r i '" . . ~t \\!'.~ ',' , ", . :.,', -"""".,,",, SOUTHGATE DEVELOPMENT 325 E. Washington P.O. Box 1907 Iowa Cny, IA 52244.1907 PH: (319) 337-4195 FAX: (319) 337.9823 ~, ,_.... - I V .~ ~ November 9, 1993 HOV 10 1993 P.I'.'l "~D.!!T":~m , .,'--- Monica Moen, Senior Planner Civic Center 410 Washington St. Iowa City, Iowa 52244 RE: Walden Square Lot Dear Monica, Now that the grocery store and Credit Union plans have been finalized, we are reviewing the balance of the site. Our goal is to design the area to conform with what we believe to be the intent of the CN-l zone. After reviewing the current zoning ordinance, we have determined a number of issues we would like your staff to consider. Area Guidelines: To effectively develop a neighborhood commercial area, we have found the 10 acres of Walden Square to be somewhat small. We are aware of the fact that the ordinance limits the area to no more than seven acres which would really constrain development. We would recommend the size limit be lifted to 15 acres. In conjunction with this change, we would request that the westerly zoning line in the Walden Square area be extended by 60 feet per the attached area plat. Drive Located on a Separate Lot: As we have discussed with you in the past, we have a written agreement with the property owner to the west of Walden Square to provide a drive through their property. This drive could serve users from the west and would be built just east of the permanent pipeline easement already in place. In reviewing Section 36-58 (3) d. of the zoning code, we feel we could comply with the requirements outlined. We would like you to consider supporting the inclusion of the CNl zone as attached. I~" ...,.~ -'- ~- , "]'" . ,,0 '." , ,c" ,:," .' ,.. . .,.. . a T ,'5 r , I I ; i I CD ~d. .. j,:":.\ :,~' .'" ~:. .~,,,,""'." " .f\.'~ (-. \ l \ ~r'~~ 10' 0 ! II' ' , . , ' I I I [I; I I ' \ oJ. ~ ,'~.;l, i: I:il~" ;:Y , .~ '[; fr __,1M.... , 0 0"' . "j " . : ,'~ J ':- ,:' , : ~::~ \~ ~~' '- ~ ..:.. ',' , ,; ",,- ~ " ; 0 , ~::I , ~ , , .....,.: .,.. ',1 . i' '.' . .~, , .,_..--,~.,;-....,~~~':.' :",(.,...'",.I,"_.,.).tJ,'-..r.:,'.'_"",'".-:..;,,..~,,_',.',','...b:l.-_"" " Permitted Uses: We have discussed the possibility of permitting apartments in the CN-1 zone. We feel this would be appropriate to achieve a truly neighborhood development and would support this change. Language similar to that in the CQ-1 zone would be favored. In addition, in our preliminary marketing of the area, we have received numerous requests for uses not currently permitted. We would like you to consider adding the following ~ses under the zone: Personal Service Establishments Copy Centers Photo Services Shoe Repair Book Stores Also, the inclusion of restaurants under Permitted Uses would be recommended. Special Exceptions: We are finding the limits on offices to be too low. An increase in the individual size from 1800 sq ft to 3000 sq ft and an overall allowance raised from 15% to 30% would be much more workable. Monica, we are excited about the possibility of turning Walden Square into a truly successful ,mixed use neighborhood development. Please consider our requests and allow us time to discuss them further. Sincerely, ~~1~+ Vice President HW: amh enclosures '. I~" ~:=...~ - " 0 " . :"",Q ":/J':;,.:'.,;,.",..'c<':::"i',:.":;',\::"F.:)~:,' I"',", 'I'".', '0' " , , ' ';', - ',,,.',;,,' , ~', ";.J. P~'.. " ",'1'".-. ~~ , " rd\ \) \1 m:"'~ ,'''--- I, I ' : ' i ~ I II i ~'; , l i \ ~ 'ill:r;"",~" I~~ l?t ',' ~~~ ::;... ,,' -~ l(:' 0 ~4.~..4L.~" " I .-, ';"'.. ,; , ,:::~~\~"j,~.: , '-" .. ,/ ,;; , ;~, ;" '~ ' , , , i :....,.. :"1 '. ... , '.' > \ ',' ,', . . , ",. ""." ..--,."...........,...-" , " ' .-" u.~ ,._..~ ,....." ,:.,,;; <;..w.:.,~;~: ,'..~~:...:t....~"..'~~lI. ~~:::.;.":.;;.;,.',Il;:::,;":'-:- ,,,.l'~:;. ,~.,-,~, ..;~;, '~, J_ :,.'':';:., ,.:. ,_, "," _, ,:., ',,": ~,',"".:,; .'. ::.-:,;;:,',;,-;0:,..', "..,;', ',( .:,~ ~~A ,':>::.'~;' ;;';~,',~ '; I I R~C::IUVID DEe 1 4 1993 p.P.D. DEPARTMEN DECEMBER 13, 1993 MONICA MOEN PLANNING AND ZONING CIVIC CENTER IOWA CITY, IOWA RE: REZONING REQUEST FOR LOTS IN THE COURT HILL/SCOTT BLVD PART NINE SUBDIVISION. DEAR MONICA: RELYING ON THE PERSONAL PROMISE OF MR. THOMAS SCOTT TO DO SOMETHING WITH THE CN-l ZONING TO MAKE IT USEABLE AND SALEABLE, PLUM GROVE ACRES AUTHORIZES THE CITY TO DELAY ITS REZONING REQUEST UNTIL THE SCHEDULED MEETING OF PLANNING AND ZONING COMMISSION ON THURSDAY, MARCH 17TH. (ST. PATRICKS DAY) AT THAT TIME THE DISCUSSION AND DECISIONS ON THE CN-1 ZONING WILL COVER SUCH ITEMS AS: INCREASING THE SEVEN ACRE LIMITATION ALLOWING DWELLINGS ON THE SECOND FLOOR INCREASING THE SQUARE FOOTAGE OF THE PROFESSIONAL OFFICES ELIMINATING THE REQUIREMENT FOR BOARD OF ADJUSTMENT APPROVAL FOR PROFESSIONAL OFFICES. INCREASING THE SQUARE FOOTAGE FOR FOOD STORES ADDING ADDITIONAL USES TO BE ALLOWED IN THE CN-1 ZONE WITH OUT BOARD OF ADJUSTMENT APPROVAL ALLOWING SANITARY FACILITIES TO BE INSTALLED IN BASEMENTS AND...JUST MAKING THE COMMERCIAL ZONE IN NEIGHBORHOODS... AVAILABLE FOR COMMERCIAL USE WITHOUT MAKING A "BASKET CASE" OUT OF THE CUSTOMER. SINCE LY..... ~;2, 8&~ow RUCE R. GLASGOW, PRE ENT PLUM GROVE ACRES INC. 834 NO. JOHNSON ST. IOWA CITY, IOWA 52245 '. , ,..~, ,~" )":", - .~, .:~""""""";';..:,,,"..,'c..:':":"..:\":'..""."'.l';"',7"'" 'I' ,..'i,.., ,.,."",., ,"" 0" '", ..;\ ' '" "J'5' 'I"', '.,.,,' ,>< ~'ow ',' .', ,~,I ,-" " ..' , .' , "'" "." ~ ',,', '; '0 - -,' . ' .'1 ",. .'~', :,,',',.,~,o,',,' :,',"".,",.,-".";",, " j,' ,", ' ...., ~ ,'.' ;", '1';"" , " .' " I ~!~ " ' r I '" , , , : ~~ ~\'l' " '. '~, .', .. ',' ; " " .'. ... .'~ '~ , , j .' , ',~.,J" , , '~.. ,.' ~. . . , ',,' .,-,_..~. ,~.._'....- ,~+~:_..:..,," "., :.., ."-'''''-J.,;.._'....".", I~ \~a'_, ',.~,~ ~ ,;-~l.:; ;'~ :.'..c.;~' ,.; tc.I'"..N->..'-'..."...". *",,_" ~ .___ .._...."__',',,.......,...,,''",.'.,.'....',_l ,',""...,,',.-,'__',;'-.~~'.,t:.:'_',,",',;c h......-iVl:.iJ MAR 1 0 1994 PoC.D. DEPARTMENT -, .,...;.........,-.- 210 Green Mountain Drive Iowa city, Ia. 52245 March 8, 1994 Tom Scott, Chairman Planning & Zoning Commission civic Center Iowa City, Ia 52240 Dear Commission, We understand from Doug Boothroy that the Commission will be considering changes in the Neighborhood Commercial Zone in the near future. We would like to express our interest in seeing that zone open up and become less restrictive than it is now. Our dental office building in the Neighborhood Commercial Zone on east Rochester has a potential retail space in the rear. We would like to open a small shop selling doll houses and miniatures, which, according to Doug, is not acceptable in the current zone. We would like to request that the Commission allow small specialty shops in the Neighborhood Commercial Zone. " t (-"', \ \: "co:.J ~ , Another area we feel should be considered is the restriction on square footage of floor space for an office use. We found the current 1800 square foot requirement to be limiting--it was very difficult to accommodate the needs of our recently constructed dental office within that space. A much more reasonable limitation would be under 3,000 square feet. , ~ I ! \ Sincerely, f)z;j fi;{ ~CfY\.L &~ Dick & Loni Parrott '~ if', ~ \~~ ~l~.~ I .' " " (C 0'- .~.~ ~:. ,- v_:. ,,'":IL' ,0 ,~~~ I), ..,.,',.." ....,",....,"',.'\"",.,...,.,',.......,............ .....,,,.. 'r"""',' 1- 'I" ,.,' "'" ,..,.,.."",,', ',.." ,;\ ' ') I:. ""I,,. ::,.',,[ ,: .' " ~ ~? " 'lei: ...'. ,"',' ',' '. ,,' ~~:," ,:.~'.' ',,~ , ~~'~~.,:..:r..~,~,_. ,;, c- r'! \ \ ,..>!l$I r-~l I ' I ~ I i i I, i'r" , ' I . : I \ l ~ ",'I"'; ~I; " " Fi.tl t~':. . 1 - .:!C,'~ - .. ,~'('i',' , i . ., ' ,,_:, ~t: ~'il "'". ~ . ' ~",.. " ;, i', " " !o" ,', . ~ ,'-~ ' "", , , . ',"",' . '.: ; ~;1' , , ",', ',' """ ._" ,.:.__ .;.:....,"""...' "...,.,,,,,.',~',,;,,!/. ~:,.'~':'"",~'l'I~,;;:_';,,.;;.\:,~,r',,::.;:J,.I,~~';i;':;;:"',__,:-, i,'.~'.;.';;~,:'.:.J..'.''::,,;_,: ;: ,...." --' City of Iowa City MEMORANDUM I Date: November 12, 1993 To: Planning & Zoning Commission Monica Moen, Sr. Planner ~ From: c. Re: Request to Amend the CN-l Zone Attached please find requests submitted by Harry Wolf of Southgate Development and Bruce Glasgow of Plum Grove Acres, Inc. to amend the area limitations of the CN-l zone and the uses permitted within that zone, Mr, Glasgow also refers to an application he has submitted to rezone a substantial portion of his CN-l zoned property located in the northwest quadrant of the intersection of Court Street and Scott Boulevard; that application is expected to be before the Commission the week of November 29. In October, 1990, the Commission considered the issue of enlarging the maximum area of a eN-l zone beyond seven acres and recommended, at that time, that the maximum area of a neighborhood commercial zone not be increased. In November, 1989, the City Council approved Commission-recommended amendments to the CN-l Zone that increased the uses allowed in the zone and removed the ability to place dwelling units above or below the ground floor of principal uses allowed in the zone. 0- ~ At your November 15 and 18 meetings, the Commission will be asked to decide whether the proposed amendments should be considered. If the Commission wishes to do so, the Commission must decide when the staff should have amendments prepared for your consideration. This decision should be made in the context of the Commission's pending list which is located behind the agenda included in the meeting packet. If the Commission wishes to consider this issue this fiscal year, please be prepared to identify an item on your work program that you wish to defer to fiscal year 1995.- ! Staff will be present at your November 15 and 18 meetings to answer any questions you may have. In the meanwhile, please do not hesitate to call me at 356-5243 if you have any questions. Attachments bj1en.1rono ,~,~ , , :.." , - '....,'," ", - .'~ ,O:,:~~,,',;,:,~,;,'.,'~ ': ,,'c ':<,<"',{"':"':':""i~,:I:,:;,:":",',",I...')L,"", 'j , B';O'"'' ~ ' ..) ,U, ..',: '., ' . i- ,t!lil:.'l)I.:lA. , , ; i , I, ! ~, II' 'I 'I ' , , ,I I :'l ) ~"'.) \'- ,,:J , I' , . ') w-_.,;'; 'l' ~~' i."~'" ~, , ,1'1- '" ',"'>1"",', ~:' ~~,\Lt , " _....\....~ Ir . ~, 0 O<tt./_ ,"j ,~ ' ~t\~'V, " .~, .. , ~ '- < f - ~'. ,-',:'~ . '. :' "",'.'.0....,'" .", .:,:, :.--"..,',.:, ',,:;;'.-. ..,,;.'.;~'..'~' ",.~- ,'~--. ,;.:, '.. ""--".'- SOUTHGATE DEVELOPMENT 325 E. Washington P.O. Box 1907 Iowa City, IA 52244-1907 PH: (319) 337-4195 FAX: (319) 337-9823 ~, _ ..... ,- I \i ,,~ 6J November 9, 1993 HOV 10 1993 p.r.fl ~fll~~~:~!fl . .,...-.-.... Monica Moen, Senior P1apner Civic Center 410 Washington St. Iowa City, Iowa 52244 RE: Walden Square Lot Dear Monica, Now that the grocery store and Credit Union plans have been finalized, we are reviewing the balance of the site. Our goal is to design the area to conform with what we believe to be the intent of the CN-1 zone. After reviewing the current zoning ordinance, we have determined a number of issues we would like your staff to consider. Area Guidelines: To effectively develop a neighborhood commercial area, we have found the 10 acres of Walden Square to be somewhat small. We are aware of the fact that the ordinance limits the area to no more than seven acres which would really constrain development. We would recommend the size limit be lifted to 15 acres. In conjunction with this change, we would request that the westerly zoning line in the Walden Square area be extended by 60 feet per the attached area plat. Drive Located on a Separate Lot: As we have discussed with you in the past, we have a written agreement with the property owner to the west of Walden Square to provide a drive through their property. This drive could serve users from the west and would be built just east of the permanent pipeline easement already in place. In reviewing Section 36-58 (3) d. of the zoning code, we feel we could comply with the requirements outlined. We would like you to consider supporting the inclusion of the CN1 zone as attached. I~'~ P' ="" V:,_"" ..... Tr ._,o~~,":'" , ..':..'.';" ,.. r'" "'5 J' , .. ~ ,., ,>\~ , r.... ~t h ~l ~ ; ~'~ ;}$ ,~,. ';1// :;:;'jl: f;.'~ (t~~ til'$ r~'~,l.'I,!," "I~,~~r,l:. Ii; f.t rid "J" ~;,' k ~~I. l"~t',, r',' f~,~i "~ -,', (1\' 1.,';* ~!;t '''l- l~,."~i;, 'I"~ " , t~ ~{~ir b b~ W Ii! f' ,0':, ,.."" ' '~~~~l:'.'::,,',,~:' , I ( (.i; \ . tftj I ( I I i : I i~ il , ~, I~"l ",1 !'~ t,i r- Ji. I~_,_~_- ,y"'j: " " .. .. , ~,~t ~~ I: " ' ",,'.": ..',..' ~ .,', ~ '...,. . "...,.,_._.~~'":~':" . ...." ',::~.' .':' . ,--,..,~'.:.'.";';~,". Permitted Uses: We have discussed the possibility of permitting apartments in the CN-1 zone. We feel this would be appropriate to achieve a truly neighborhood development and would support this change. Language similar to that in the CQ-l zone would be favored. In addition, in our preliminary marketing of the area, we have received numerous requests for uses not currently permitted. We would like you to consider adding the following uses under the zone: Personal Service Establishments Copy Centers Photo Services Shoe Repair Book Stores Also, the inclusion of restaurants under Permitted Uses would be recommended. Special Exceptions: We are finding the limits on offices to be too low. An increase in the individual size from 1800 sq ft to 3000 sq ft and an overall allowance raised from 15% to 30% would be much more workable. Monica, we are excited about the possibility of turning Walden Square into a truly successful mixed use neighborhood development. Please consider our requests and allow us time to discuss them further. Sincerely, :!;;q. ~l~of Vice President HW: amh enclosures ,~" , ~ '1 ' ,i, ".. . ':, . A',;\:',',: ( '< ,. , lr :i ~ , , , "~ ,'.-' . ,,' 0, .'.:' "". )..'.--..'...."..'.'.'...'."""""".'."".....'...1''''.''" " ";' , "',.\ """" ~,.,.' " " I..; :::": .'" '(', ;' , , ,:10:. ..,,( ,,'r "0 ,..-:... i: ' ,,,,.\ [ ! \1 .j \ " ,1', ~" ... ,'..._" 't' , ',', . ";t, 'I' '.\'1, "' . ., ~"I :.' , p " _J .-.:. h" - - - I - - I ~ ~ " 0 _ 0 ~ ~ ~ ",;p O~ ~C o , "'0 _Ill "!:l ~~ o \ ~ \~ \~ If I -I 11 I ,: l_ _ -- L - ---'iJORMON TREK BoUi:Ev.i:or- r . . I i ( ,I I l o 0, . "\" , ,', ,'.. ~,~ . " " ~ I I J ~O fu.'" , ,'-"'-',:;;;'" " "..' "", ~... ',", '--, " .. ~. . >a,:", ~~!i)': " 1 f. j " t1 -, " 1~: ' {Po, ~loir, I~I~ r~,i '~ ;'." f &: ~~ , It I :: \' . " ~ , '" I~~' ", ", "'t,'S"""': I tf ,{ "', , ,.,' ' " ~;i;~ " ' ,..' <" ,;-'~ .L (-'i \1 \\ ,~ i'~ij"'~ ! ' 1 , l' i, : ' . I , , ; I , , , I 'r ~ .Co .,:,'\ '. " "' , "I . ~\\t::~ .' i '~. - ','.' , " .,.. , . , .._'_...._ _:'~.'C~:.l > , . .. ::'. i:', ... '::, '", :~ , , : .:, : .:',. '. '. ..; -',,: " .., .,. '.: ,-"'::". ',' ':. .' . '., .; ::.' .:.' ~:. ' ~w,{' , 4. In the ORP Zone, only 10 percent of the required number of parking spaces may be located in the front yard not closer than 50 , feet to a street. 5. Where the paved surface of a street is narrower in width than 28 feet, four (4) of the parking spaces required by Chapter 32 (Subdivision Regulations) may be located in the front yard on a regularly constructed aisle. c. Side yard. Except for single and two-family dwellings or where two lots share the same parking and stacking spaces, drives and aisles pursuant to subsection (d), no parking spaces, aisles or drives shall be permitted in that portion of the required side yard which is contiguous to the principal building on a lot. . ' d. Rear yard., Parking and stacking spaces, drives 'and aisles may be provided In the rear yard. !; I ~ ~ (d) Off-street parkinq located on a separate lot. The Board of Adjustment may grant a special exception for off-street parking and stacking spaces, aisles and drives to be located on I a separate lot from the use served when 1) two or more uses share the same off.street I parking and stacking spaces, aisles and drives, 2) an Increase In the number of spaces is required by a conversion or an enlargement of a use, 3) in a commercial or industrial :~lj , zone, non-required, off-street parking cannot be provided on the property where the ~ : principal use is located and such parking will be constructed on a separate lot prior to . , establishment of a principal use on that lot, or 4) uses are located In a C8-2 zone; and ,~, , provided that the following conditions are met: (Orc!. #92-3556,11/24/92) '!;. c..., I 30""'" :: , (1) Special location plan. A special location plan shall be filed with the Board by1l1e owners of the entire land area to be Included within the speciallocatlon plan and shall contain such Information deemed nece.ssaJY to comply with the requirements herein. Evidence of ownership shall be provided. (2) Off-street parking location. (3) a. In R and C 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 300 feet. b. In I, ORP.and RDP zones, the nearest point of the parking area to the nearest point of the building that theparklng area is required to serve, shall not be greater than 600 feet. . Where oft-street parking Is used Jointly by two (2) or more uses, the number of parking spaces shall be equal to the sum total of oft-street parking space requirements of all such uses. ~''-:''''''IIZ. ..- 133 I~'~ ""....:,.;.',,0.,.. '.'"'1''''''''.''''' IS' ., ':, -",'d , ldi~ -. =_ ..'." .L.a, .'.):;'i>'" I. " , ~..ymj -' , ',~ t: . .\ I, ~ ~ , ... .,.. . :.' " -"'-.' ."'" ; ~,".."... , .:,. &It. ~,J 1-<":''''_IVi::::O- NOV 12 1993 ---1.G,,?-,,Q.E~ARTMENT NOVEMBER 11, 1993 TO: THE MEMBERS OF THE PLANNING AND ZONING COMMISSION CITY OF IOWA CITY IOWA CITY, IOWA SUBJECT: REZONING AT SCOTT BLVD AND COURT STREET FROM NC-1 TO RM-20 DISCUSSION: The P~Z staff has requested that I set down on paper the reasons for requesting the subject zoning change. So....here goes...... I@ I ~ u :~.~ ". " r The NC-1 zone is supposed to take care of the neighborhood needs. This zone has square foot limitations on building size and building use. There is a special use provision for uses not specfically set forth in the ordinance. This special use provision allows a prospective business person to appear before the Board of Adjustment" and plead for a provisional use. .( 1-' \, \ ~ 1 r I" The allowable uses in this NC-l zone when it was copied from some other municipality who had copied it from some other town were changed to accomodate those business that already existed in the proposed zone. A food store was allowed becuase there was one, a gas station was allowed because there was one, a bank was allowed because there was one. Then the City added in the politically correct beauty shop, barber shop, and dry cleaners" pick up only" approved uses. f, '.~ )~ I I, : ~. : i(. The food store square footage was set out at 40,000 sq. ft of space under one roof. The offices were set out at 1800 square foot of space per professional use. These square footages are "chronologically gifted" to use the correct political designation. The modern food store now includes the deli, the eating area, the greeting card section, the hardware section, the post office, and last but not least...the food section. This use can not be accomplished in 40,000 sq. ft. , I I ','''' \ <../. , ~(~"; '~;~ l!l,.. l,~.i:",1, (..., -' The professional person....use the dentist as an example..can not function in IBOO sq ft of space without giving up some vital area of work space. The square footage requirement in the NC-l zone is old, out of date and frankly should not be any concern of the City of Iowa City. r[ _~___ . . 'q'b . T~-- - ,], " ~ 0' ,0 ' . I oj 5 f_ - ~", "''''',' ",\ ',' ,',. ", Y'l '"" " , ~t~\'1 ',',': .' .' : i .. .-..' ",'! , '~... , .,.. . . " "':'1 ""'...,'..-.,, ,---,-",""..,.-1'.. "...,,;.~;,,~:,:\:;:.-. .~. ':::J,;';~~,..:_:.'.::.~,,\:.., (",~,,:; :,,";"'__"::'~'~"A''''' .;.-';":.,'~:.,. ,', \:" " ~" "'~"" ,'-. ....,.~. ,,,:.,"~-;,, "",:1;"'4",,',,,,,,,.:,:". ", r i SUBJECT: REZONING AT SCOTT BLVD AND COURT STREET FROM NC-1 TO RM-20 Page Two: When this NC-1 ordinance was adopted, buildings were allowed to have apartments on the second floor and in the lower floor but not on the main floor. This is a good concept for a seven acre commercial space. At ten o'clock or earlier and all day Sunday the work place area is vacant and in the evenings it is dark. The presence of apartment dwellers above the stores gives the area the desired protection needed. Those tenants can use the 911 system and police the area. This allowable use of apartments in the NC-1 zone was eliminated so secretively two years ago by P&Z and Council that the Building Department did not know about it and neither did the City Council. As a result, I now have a commercial building with three apartments on the second floor that was built with full permission of the Building Department and the structure in now a "Non-conforming use" which reflects on the mortgage and future value. ,r ;-. .\ \'\ \, , ' '\ i~ ! . , The area under consideration for rezoning to apartments was the selected site for two food stores. Since common sense is not part of the zoning process, these two food stores were told by staff that there was no way that they could fit into the Neighboorhood. The P&Z commission and Council now faces the desired alternate of eliminating 70 trailer homes and two existing businesses to do the same thing that this food store wanted to do on seven acres. ~ The application process to the "Board of Adjustment" is a humiliating experience for any established business person in Iowa City. Let\' set down in print se,ction D of the application: .~: "The applicant is required to present specific evidence, not just opinions, that the general standards for granting of a special exception will be met: 1. That the specific proposed exception will not be detrimental to or endanger public health, safety, morals, comfort or general welfare.." How would you answer that question? Many of my prospective customers said.."Do you have any other land outside of this ____ city?" " , ~ ',:.r,.."",',,' '~, ~, , , r ,', (~ , ' -' I ~~" lC-~- '.' ,~. ,'...u~"'7 ","~" ~.- --~ 'Am, - 0.. j ,..."., I \' . '< .. . '." \ I, ','" "',. ....,' '..,e.."'.'. is} leT ., " , ,\ \"'i ~~ .'~t\t'l ' , '," ~ , .. "..' ,;; , ~ . . , ~.., .,.. . . :: ' "'--'''''- ,._.,.."....,_...,'....., .,0;" :..:,~.;. :.,Ll...:,..; ~~ '.,i.. ".,,_.._:.- ',"'~':~_'.'.. ,}, , ",8, ,.','" SUBJECT: REZONING AT SCOTT BLVD AND COURT STREET FROM NC-l TO RM-20 Page Three: Now for a discussion of the staff application of the NC-l ordinance. The ordinance calls for professional offices to be limited to 30% of the existing commercial space. The first office application was denied by the Building Dept. because there was no commercial building in the area. Their comment was" 30% of nothing is nothing". Catch 22. It took two months of high level staff meeting to agree to allow the first building to be built for offices. Then: the Building Dept. issued a statement to the office builder that they could not cement the basement floor but thay had to put down a sheet of plastic and hold it down with cement blocks. A month of negotiation between my customer's lawyer and the building department resulted in a compromise...the building dept would allow a 20 x 15 foot concrete slab to be poured in the basement for use of the furnace and water heater and water softener' That compromise was followed by another 10 momths of negotiation between lawyer and bUilding department with no further committments. The city's position was that since this was a dental office and it was allowed to have only 1800 sq. ft. and if the basement were alllowed to be cemented and since the city does not have enought inspectors to make sure that the dentist is not pulling teeth in the basement in violation of the NC-l ordinance, then the basement should not be allowed to be cemented. l~".~;"'.- r,' .'\ ' r-'~ ' \ I \ " ,,~\, (.i;~ i I', \,1 · d This fiasco was brought to a head when I had to take over the building because the dentist refused to put up with any more of the hassle with the city and left the project. My suggestion to the building dept was to take this matter to city council and get on television and tell the entire city about the of the impracticallity of the interpretation of the NC-l zoning requirements. The building department allowed basement floors to be cemented that same day. " Trying to do a nice job on a commercial prea and finding that every body and his brother in Iowa City wants to tell the business person what to do and where to do it and having to spend one and one half years to get a building permit thru Iowa City and the Board of Adjustment leaves me no choice. Let's get out of the commercial business. The City does not want any commercial business...so let~s do apartments. 1'1 The staff tells me that I must have a minimum of three acres for the existing building in this commercial zone. PGA will revise the apartment zone request to the remaining 4 acres of the NC-l zone. ..IY" .. Pl"m 6,;~~~J:. ,~~~ ..~= '~---?f~lI'~lIDl' ,(:~~~ ' "- ,,' "",~'.'.l-',m"",~ r , I f ' ! ~ t~' i; F f;l ~,: ~ !~f [\ ri.'~: 'Ii: I' ". :"~ ~,~,I; " , ~".~"" ~\1i, 1.J! ['i' ~I';,'~~,,' [.' --.;' , f,~ I'~ ~, ~ \j ~~ , ., )'~ 0, ". "" -"",,;,,':,':, .".'~'~'>'~! ,'- .., ~ ',~, ;:, :: ::.: . ,~. ,::'.~t;~'I'J' :,.;.,' -',",;',:r'I',.. . ~',;, :," /::~ " "...', SOUTHGATE DEVELOPMENT 325 E. Washington P.O, Box 1907 Iowa Clly, IA 52244-1907 PH: (319) 337-4195 FAX: (319) 337.9823 May 13, 1994 Mayor and city council City of Iowa city civic Center Iowa city, IA 52240 " " 1: ' :;, .; . '. ~' , Dear Mayor and Council Members: Since November of last year I have been working with the Planning Department on a proposed development at Mormon Trek and westwinds Drive. Through those discussions, amendments to the CN-l zone have been proposed and approved unanimously by the Planning and Zoning commission. These proposed amendments are now in front of the city council for your consideration. Southgate's project, Walden Square, is prepared to move ahead. We are anxiously awaiting your action on these amendments so that our planning under the CN-1 zone can be finalized. We respectfully request the city council expedite the approval of the proposed amendments to the zone. , ,..' J (" > ~FG.t l' Vice President ~ I I I HRW/amh ~i VI f;, I~~~ j j I I I I ',,' "'1.' 'I': " ,", c- ,'" 0 1 .__ ".. ,-~ ,'X":' ,~~.., -: ",7i ,0"'~ , " :', ,I" ',..',..../ :,,:~,\.~:,:, :.;'::;"~I"O',' , , ': ' :0:' ~ ,,'! .', ,," : j"=.,,_..,.""."-~..,==~_.,....~-,'r... ,~,::' '.", ""))'-:('::/\?" ':-,',::'. '<,'" ':,',' "":,,!~"l'.,,(\:,,.\,,) ',':~;"'"';'''\j:':''''~,''' ,..'" .,,\, , ," " ' :')", :".:/" ,t5"':>:Y""'.':,,' '.' ',>,.' .: ,::-:"~:'~": '1',,,:;,. "'"..,0;) ,":',.,\"",'",.'.,.',\", ~ ' . : " , .'"-,, .,\',', ~i,' "'" \\\\. (~~-: \\ ~ , ! ,I ; ~> ) , I ; I I i I I I I II., i I~' i , I ! I I Ie L" \'c,,- i.' ,,), ..'.-,;,: 'I", ",.." '~~. , i.1! ~!r~ L_~ C' , ,"i, 0 " , f" ,r"'l " : "\t"", , " .": ,'\\1., ~ : . ,'.. , , , '~,,. 1111 - ' ".,' :~. '. '\ . ,.. . " .., . . ' ". ,," ' , . . ,., , . .'-_..,,~,_.. ""..:,,;_,,.'~' r1-'~':""';"'~">;;"";''''';''''''':",--'~'''''':':='':''''~'''''':~'__,;-, "."';,.....~:.~"'''~..,~____...,.,_ .. ..,--_"...,.".-~, ,-,.. ...', ", ',," ',. "',....,<."'..,-....,..", ".....'..',' ORDINANCE NO. 94-3619 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONAllY CHANGING THE USE REGULATIONS OF 7.86 ACRES OF LAND LOCATED AT 2312 MUSCATINE AVENUE, IOWA CITY, IOWA, FROM RFBH, RESIDENTIAL FACTORY BUILT HOUSING, TO CC.2, COMMUNITY COMMERCIAL. WHEREAS, Towncrest Mobile Home Court and Sales Co., Inc., the Owner, and First Muscatine Properties Inc., the Contract Purchaser (hereinafter "applicant") have requested that the City rezone 7.86 Acres of Land located at 2312 Muscatine Avenue, Iowa City, Iowa, from RFBH, Residential Factory Built Housing, to CC-2, Community Commercial; and WHEREAS, the subject property is located adjacent to an existing area of commercial development; and WHEREAS, the City deems it appropriate to expand the existing commercial area if the applicant provides buffering between the proposed commercial use and adjacent residential uses and if concerns regarding traffic improvements, the provision of alternative housing for the current tenants of the mobile home court, and site design can be addressed; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting applicant's rezoning request, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, the City wants to ensure that adjacent streets can accommodate traffic generated from the proposed commercial use of the property and to ensure a proper transition between the proposed commercial use of the subject property and adjacent residential uses; and WHEREAS, the applicant has agreed to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by this reference; and WHEREAS, the applicants acknowledge that the terms and conditions contained in the Conditional Zoning Agreement are reasonable to impose on the land under Iowa Code 9414.5(1993) and satisfy public needs directly caused by the requested zoning change; and WHEREAS, in voluntary cooperation with the City, the applicant offered to provide partial funding for a program to assist the current tenants of the area to secure alternative housing. ---" ~'- ",W~" ~ ),..."'".....,,..,""",.,. ,.,. ,,\';\ 0, ,,' ",', ",', "~:,,~, ',' ,)",~'" , ill.!. c~ r , ! I 'a~l ;', ,o,.,;~ ',~ ;'),',,~':: ':' :;::;; ,-:,:,"Y,' ::1 ;~;:',;7::;: ::~ ,\ /5' ro'; . ,'. , '.. .,' ,~,' . ~':" I ~ "..'.. , I! ti I II ! I I ,I I ; k, II~; : ll)". ~,"-'!"," ;~;J' , ti(" r~~ In", \ l..2 (~. ,,-'- ,\': ----,-~--~_._- . " " ,,'. .' , "'r :' ",W,~ . ~"'" .' " . , " . " _ _ ___, ~,. ,,,.',,,.:....c'''"' ~;.; ',~;......'I ;;~~u'..,.l.,z.., ,,'-''''''''; '." n ,'., ~ ,"... >.~_,...;.__,_ Ordinance No, 94-3619 Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Subject to the terms and conditions of the atlached Conditional Zoning Agreement as authorized by ~414.5, Code of Iowa (1993), the property legally described below is hereby reclassified from its present classification of RFBH, Residential Factory Built Housing, to CC.2, Community Commercial. Commencing at a point 3.52 chains East of the southwest corner of the NW 1/4 of Sec. 13, Twp. 79 N., R. 6 West of the 5th P.M. thence east 269.2 feet, thence north parallel with the west line of said Section 1321 feet, thence northwesterly 269.8 feet to a point 1352 feet due north of the beginning, thence south 1352 feet to the place of beginning, containing 8.26 acres, more or less, except commencing 1081 feet north of a point 3.52 chains east of the southwest corner of the said NW 1/4 of Section 13, thence north easterly to a point in the north line of the tract above described, that is 19-1/2 feet easterly from the northwest corner of said tract, thence northwesterly 19-1/2 feet to a point that is 271 feet due north of point of beginning, thence south to point of beginning, subject to the public highway off the south end thereof. The East 12 feet of the South 418 feet of the following described property: Beginning at a point on the West line of the NW 1/4 of Sec. 13, Twp. 79 N. R. 6 West of the 5th P.M. said point being on the South line of the right of way of the Chicago, Rock Island and Pacific Railway, thence South 28.49 chains to the center of the Bloomington Road; thence East along said center of said road 3.52 chains; thence North 28.49 chains to the South line of the right of way of the Chicago Rock Island and Pacific Railway; thence west along said right of way 3.52 chains to the place of beginning. EXCEPTING THEREFROM THE FOllOWING: Beginning at a point 33.0' North and 232.32' East of the Southwest corner of the Northwest Quarter of Section 13, Township 79 North, Range 6 West of the 5th P.M., thence East 100' along said right of way; thence North 0.56' East 100'; thence West 100'; thence South 0056' West 100' to the point of beginning; together with an easement for Ingress and egress over the follOWing described property. Beginning at a point 33' North and 332,32' East of the Southwest corner of Northwest Quarter of Section 13, Township 79 North, Range 6 West of the 5th P.M., thence East 30'; "~"'.~M-_ ~ "'_~ ' " _: .:.~ 0 ,~l,\'" , ' .'. . " , .,.' . , ",' .. ,-"-~--- -_.~",.""-'-".',~," -,.'.,..-....~.,^..,','" . I i ' 1~~1 "';""T~'\"71'.'J '-'" IS c. "'I J:f. . "..... ,'., ,: " ,\",: .. ~'. .. ,.,\"'. rl>,"'''' l.__'_~ '. '~ , "'\~' :, , ;:~ \ '\ I . ",','1. '-..,:'. "'",' '., . I':" , . ...-.-,---....--.. ...' _ ~~._..~ _~, _"..',"-'-I.~~.-..',',', '.."',t'.';,,,,;,,::,,;;;;; Ordinance No. 94- 3619 Page 3 thence North 0056' East 130'; thence West 80'; thence South 0056' West 30' to the North line of the above described property; thence East 50' to the NE corner of the above described property; thence South 0056' West to the point of beginning. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the attached Conditional Zoning Agreement. The City Clerk is further authorized and directed to certify a copy of this Ordinance and the Conditional Zoning Agreement which shall be recorded by the applicant at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of this 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this 24th day of May, ~^,~(- MAYOR - " 1(fL. S/,JVh<f pjldadmln'n1U1caline.ont , ,'~. , .,.. ~ , L','.""..:.',..,;'-,'" :;'..,--,'..,k'~";"'''__'''-'';''':''''''_''''''''''',''h''''''',',"".', r '. 1~~1 ---:"~.'~~'-'-':- -~ -, . ' , ",], ""'~';;":':"":"""",\""""';"',;;.,,:,.....,,;: .,"""':.:-:'1".,',.,"',.,\' . '" O. ',:,' "}c" ,~.. . ":'" ..\' .r:',~.,;,..."'",,~;:'.'" ',' '.'..., ,''': ~."..: ';",':', i.' ,,' . , ,..', .0: ,I,'."". w ~;i:"'''' ,I' ,'" .. ",:.1, .r' (~"l \\ ~ I I ~ , ; I ' ,I ...... lr-' q.~,.,..- ~'_a~_ ' ',,' '~ . ...' . ...of.,' .'.': :;".',,;;,:, .. ;:"h.iaV,- ' . '~'..'" , " " <. , ,', :-i:, .',. , ',' ~. .. "'_"~'~'~'m' ' ,iF '. , , " ',"," . - . '. ,:' .., _ ,_. _.. ."'..,:..,......~~~,;.:.,;.c,"'....',~..J"':.~. ,~J..~,.......'-"(...~' ..~'"".... ..."...~,.~~~ ,"~; :~',-.:.' ,; .', ,,: , " ..' _~"\" ':";::C':",~' '.:;, ~'d'__. "'~:':~'....,,,~,,,", ',:. 1-\__ J""",_ ,'^~ ".....,."...'" , It was moved by Lehman and seconded by as read be adopted, and upon roll call there were: R;::!kpr that the Ordinance AYES: NAYS: ABSENT: x x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton x x x 11 11 First Consideration 5 / 10 / 94 Vote for passage:AYES: Baker, Horowitz, Lehman, Novick, Pigott. NAYS: Kubby, Throgmorton. ABSENT: None. Second Consideration ------------ Vote for passage: Date published 6/1/94 . Moved by Throgmorton, seconded by Lehman, that the rule requiring ordinances to be considered and voted on for passage at the Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for fianl passage at this time. AYES: Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby. NA~S: None. ABSENT: None. - -n11'W- l~t1 '".,,'. >" ,;.. ...:,:), "-;7:~,:F"-:"':\:"~-""""":'''''"":'']7~'r..'' """8'0''''.' , ",."".0..", ,', ' , '}S 8" ", ,:',:""~I"~,'~ ",...- ~:::.;:,:';,':,:':' ,,:,,', .. ,..i~ " ',<.:.',"r};', ~~'T -'~rJ__. __ : ::3'5,8 .. . ,\ '. r I ..\ 'J ; I ~ i., I I I i I: I I: , ;"'. J ;,.l". ~' 'J ;~r:rJ~' " 'f,'oil ~~\ :I~ I"l'k"'~ ... ,,,.., ".' ''''i'''-(F~ l._..... ,(~o " , .' . ',~ t: t ,\" . . , -. . :.' . MAV-06-84 08,07 FROM. 10. CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter 'City'), Towncrest Mobile Home Court and Sales Co. Inc. (hereinafter 'Owner') and First Muscatine Properties Inc. (hereinafter "Appllcan!'). WHEREAS, the Applicant has contracted 10 purchase the property located at 2312 Muscatine Avenue, Iowa City, Iowa, subJect 10 the City's rezoning the property; and WHEREAS, Applicant, as contract purchaser, and Owner, as legal title holder, have requested the City to rezone the 7.86 acres of land located at 2312 Muscatine Avenue, Iowa City, Iowa, from RFBH, Residential Factory Built Housing, to CC-2, Community Commercial; and WHEREAS, Iowa Code ~ 414.5 (1993) provides thaI the City of Iowa City may impose reasonable conditions on granting the rezoning request, over and above existing regulations, to satisfy public needs directly caused by the requested change: and WHEREAS, Owner and Applicant acknowledge that certain conditions and rostrictions are reason. able to ensure appropriale commercial development adjacent to residential neighborhoods in Iowa City and ensure adequate traffic circulation. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Towncrest Mobile Home Court is the owner and legal title holder of the property located at 2312 Muscaline Avenue, Iowa City, Iowa, legally described as follows: Commencing at a point 3.52 chains East of the southwest corner of the NW 1/4 01 Sec. 13, Twp. 79 N., R. 6 West of the 5th P.M. thence east 269.2 feet, thence north parallel with the westlino of said Section 1321 feet, thence northwesterly 269.8 feet to a point 1352 feet due north of the beginning, thence south 1352 foot to the place of beginning, containing 8.26 acres, more or less, except commencing 1081 feet north of a point 3.52 chains east of the southwest corner of the said NW 1/4 01 Section 13, thence north easterly to a point in the north line of the tract above described, that is 19.1/2 feet easterly from the northwest corner of said tract. thence northwesterly 19-1/2 feel to a poinl that is 271 feet due north of point 01 beginning, thence south to point of beginning, subject to the public highway off the south end thereof. The East 12 leet of the South 418 leet 01 the following described property: Beginning at a point on the West line of the NW 1/4 of Sec. 13, Twp. 79 N. R. 6 West of the 5th P.M. said point being on the South line of the right of way of the Chicago, Rock Island and Pacific Railway, thence South 28.49 chains to the center of the Bloomington Road; thence East along said center of said road 3.52 chains; thence North 28.49 chains to the South line of the right of way of the Chicago Rock Island and Pacific Railway; thence west along said right of way 3.52 chains to the place of beginning. EXCEPTING THEREFROM THE FOllOWING: Beginning at a point 33.0' North and 232.32' East of the Southwest corner of the Northwest Quarter of Section 13, Township 79 North, Range 6 West of the 5th P.M., thence East 100' along said right of way; thence North 0056' East 100'; thence West 100'; thence South 0056' West 100' to the point of beginning; together with an easement for Ingress and egress over the following described property. _"':w..H ~. '0.) ,~_......- -."".'r ---~ ~ PAGE 2 ".. f , ~fp 1 I .} t. ~ ~} r , ~ i,~' f' 1\ ~ ~/-; r1 (. ,. ..~. .. 'I~ F.... " ,,' I'.' r.jil ~ i ~. I '. f ijo. ?:llilii:~' ~ . ' ",. .,.,',u .,,~,:...,_~.._,....." r .. ',' ~ ~ . . ~t: '\'" , .. . , ,'.' , ". ..!', ...__... .~' . ."",'0.:,' MAV-06-84 08.07 FROM. 10, ,~ , r I"''" \ \ ,,.,,.., ,.,,,'~ I r: fl I I~, ii' i I ~l.", J "'.,.... 't ri, J; ~, 11' I. lC" 0 . 2- Beginning at a point 33' North and 332.32' East of the Southwest corner of Northwest Quarter of Section 13, Township 79 North, Range 6 West 01 the 5th P.M., thence East 30'; thence North 0056' East 130'; thence West eo'; Ihenco South 0056' West 30' to the North line of the above described property; thence East 50' to the NE corner of the above described property; thence South 0056' West to the point of beginning. 2. Applicant is contract purchaser and equitable title holder 01 the property, and is the real party in interest herein for zoning purposes. since Applicant's contraclto purchase is contingent on City's rezoning the above property. 3. Owner and Applicant acknowledge that the real party in Interest is the Applicant, First Muscatlne Properties, Inc.; that this Conditional Zoning Agreement will have no force and olfect if Owner does not convey title to the Applicant: and that the responsibility for fulfilling the conditions of this Agreement will reside with Applicant when Owner T owncrest Mobile Home Court conveys title to the above property to Applicant. With Ihis in mind, Owner and Applicant acknowledge that If the conditions of this Agreement take effect upon sale of the property to Applicant, that the conditions set forth in Paragraph 5 are the responsibility 01 Applicant. 4. Applicant and Owner acknowledge that the City wishes to ensure appropriate commercial developm~Gjaeet\ . 'al neighborhoods and adequate traffic circulation, and therefore, a ree to certain condition over and above City regulations to lessen the Impact 01 the commercial development on the area. 5. In consideration of the City's rezoning the subject properly from RFBH, Residential Factory Built Housing, 10 CC-2, Community Commercial, the Applicant agrees that devel- opment and use of the subject property will conform to the requirements of the CC-2 Zone, as well as the following additional conditions: a. Applicant will grant access easements across the subject property to owners of the James and Hansen properties to provide access to First and Muscatlne Avenues. b. The Applicant will relocate the curb cut and driveway on Muscaline Avenue to align with Wade Street, if and when the James property to the west redevelops. Applicant will dedicate an addilional7 1\2 feet of right-of-way for First Avenue and additional 7 feet 01 right.ol-way for Muscatine Avenue. d. The Director of Planning and Community Development must approve a concept plan, including building elevation drawings and a landscaping plan prior to site de- velopment. The concept plan shall include provisions for landscape buffers between the proposed development and the existing residential development to the north and east of the subject property. c. e. Applicant will establish a pedestrian access easement adjacenlto Ralston Creek. The parties shall determine the location of the pedestrian access area at the time of concept plan approval. f. The Applicant shall relocate the existing storm sewer line located under this prop- erty 50 that it does not conflict with any proposed structures. Applicant and Owner shall grant an easement over the relocated line, ..--.~......~ ...'.'., q,. \ ".' ~\" , 'J" .' ..0..:... ..'.... . . -... ~._-~ -~~: II PAGE 3 .. la~7 ..' ~l B I I~ , ..~ ,1 S'5' 10: . , :'(. , .. " i', D:?:':~ "' . ".LI '\,' . .. , -. .... :.' , MAV-06-84 08,08 FROM. 10. PAGE 4 r - 3- 6. The Parties acknowledge that the Applicant has agreed to provide $30,000 for the cost of upgrading the intersection of First and Muscatine. The Parties further acknowledge thai this fee is based on an estimate of the projected traffic stream that will be generated by the proposed commercial development on the subject property. This fee will be paid at such time that the City awards a contract for the First and Muscatine Avenue Intersection improvements. 7. The parties acknowledge that the Applicant has agreed to provide up to $150,000 for relocation assistance for the current residents of the Towncrest Mobile Home Park. This assistance will be paid consistent with the estimated relocation costs set forth in Exhibit A attached hereto and incorporated by this reference. Funds for this assistance will be paid to tho City of Iowa City, Iowa, when the rezoning takes efiect. ij 8. Applicant, Owner and City agree thaI the existing Towncrest Mobile Home Park ("Park') r will not be closed until the earlier of June 1, 1995 or the date in which no tenants remain " at the Park. , , r .' 9. Applicant and Owner acknowledge that the conditions contained herein are reasonable ti ~j conditions to impose on the land under Iowa Code ~ 414.5 (1993), and that said condl. "., tions satisfy public needs which are directly caused by the requested zoning change. f~ i' ~ 10. Applicant and Owner acknowledge that in the event the subject property is transferred, m sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agr. i eement. t ~1 II 11. The Parties acknowledge that this Agreement shall be deemed to be a covenant running \Ii OJ , with the land and with tille to the land, and shall remain in full force and eUect as a . covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind .'-:' all successors, representatives and assigns of the Parties. , , i .,\ , -'j 12. The Applicant and Owner acknowledge that nothing in this Agreement shall be censtrued 1\ \ ,~ I to relieve the Applicant from complying with all applicable local, state and federal \ I. I regulations. .......... y...- , ' 13. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and i" publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. I I 14. This Conditional Zoning Agreement is conditioned upon Applicant acquiring legal title to the subject property within 210 days of publication of the Ordinance rezoning the subJect' proporty. In the event Applicant does not acquire title to the subject property within said time, this Agreement shall terminate and be of no further force and effect; the Applicant and Ownor shall have no obligations and liabilities hereunder; and further, the rezoning of the subject property shall be of no force and effect. Dated this z.1.f.- +J. day of mCl~ I 1994. I i , ~, i : I- : I i I ,~,L:>' , , y"{ I, "~<~..., ",-';! . I-I ~A~.. " .~.. ::'j'"":" ,'. ,:n~ l._..... lr-' 0 1\l -- . - ....~...- - .-....0. ~.:,.. IJ..' 1 I /) ~o' J~'1 '1'" .,' 'is " .. ., E,:1;.im' . ~; Y I ',~t :..\\: "' . ',' , '. - :: . ....,.--..-',..-,-.,.........., HAV-06-84 08,08 FROM, 10. .4. Dated this 2.41. day of MP.1 ,1994. CITY OF IOWA cm, IOWA By: - By: OWNER By: APPLICANT 8y:...d'1l/1-~ a, d,01M4i1~U First Muscatine Properties Inc. ( Approved by: \.. ~I' '. /l.~;1 ,;L;:;ti.,-- ' .'- /.' 7 " f' ( . .t./.. "'-^-/ . '}lIJ-y....)'i, .' .... ity Attorney's Office .J'i/~/q rf. . I r:J STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this L day of J..1..t7 i ' 1994. before me, lhe undersigned, a Notary Public in and for the State of Iowa, personally appeared ...1A-C-1<- JJ. ~4 t--.!:E:.. . to me personally known, who being by me duly sworn did say that he\&Re is the-p~1 DE'/oJ r; of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; thai said instrument was si.sned on behalf of the corporation by authority of its Board of Directors; and that Wt~_r< ,r'). (I., A t--I P as officer acknowledged the execution of the foregoing Instrument to be the voluntary act and deed of the corporation, by It and by himlher voluntarily executed. I j' 'I ~ Nota '~I (', ~ ~~, l (-- ; . ----~---- ---.....-. . ~- ~ . -.-- .: ..j............. . 0 '_~_ ," . \ PAGE 5 "'. . :.,.- r r ; r :0 ,ld. " ~: ., _ ,I.' . ' " .r (-'1 \ ~ i' I I ti I . \' ~ '" !'l.".'."'.' '~.: . .~.\ ' ;:~ ' I:'.. -' . ,', " . -I " ., ~. (j" . ..,r ..,;"., , - .,", ~ '.\1:. . ....'.,'::.. "'..' , . " ' .. ;.t " .' , . . , . ". ,.. ,;: .' "J! - ~: ;. ~, " - . ie' " ~.' .. . . . . . 1 ., . . . . . . . . . _. c..:. __"''',.,.....'..::'.,;1;<l'_;,\..~':.'i~:.::.~;-.:.(,..''':.::~.::..1 ~l.;'::.. :;..,t:;:;.:.:::..'~':.;,:.:~ ,~-~;:,'':~'_:;.;; . ~;, j.~.: ':":, .:~ :,:~~: :,. :::,'.,~:: ,";~;".".' :. "";;~;~;" r. I i 1 I , MAV-06-84 08,08 FROM, 10. .5. STATE OF ILWIIJ,s) ) ss: -tbd 'L/,..i COUNTY ) On this J!:. day of ~ I 1994, before me, the undersigned. a Notary Public in and for the State 01 .' ~ersonally appeared CbllfJ/t.I1. ftKerm4~ r) . to me personally known, who befn~'6y h1e duly sworn did say that Imshe Is the Pres.. I-r" 't . of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said Instrument was signed on behall 01 the corporation by authority of Its Board of Directors; and that CQ1~,'t A. er-kv,.""wl1. as officer acknowledged the execution of the foregoing Instrument to be the voluntary act and deed of the corporation, by it and by bim\her vo ... "OFFICIAL SEAl." DEE ANN RUNNELS Notary Public, Stale of Illinois Nota MyCoiMlt5slon ~ltS 03122195 I I STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this l.'f.!!:: day of J~ ' 1994, before me. So..A..-.. h..-t- . , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Susan !(, 'WCirskto 'Be ~rsonally known, and, who, being by me duly sworn, did say that they are the Mayor and CltYCI€rk, respectively, of lhe City of Iowa City, Iowa; that the seal affixed to the foregoing Instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Ordinance No. '11' - 3M'? passed by the City Council on the 1.1{ ~ day of ~ ,1994, and that Susan M. Horowitz and Susan K. W"M acknowledged the exec tion of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. , l I Sllwku ~ Notary Public in and for the State of Iowa ) VlxIMI",I"'IUWllcrA,CZB . '~~1 I'd: -. - " " - " 0::,<)'\:;;;:':"'''''''' :~:i"':,:"',c.;:..,~:- ~"." ~:'.~_,I" r':: ~;,,:,....::: . /5 , , 0....~1. .) 0 ., . , . - .., . . . ,\.".,.".'. ., .:'..., \,..,:" "': ':'~:"" ..:,' . .'_:'.{w':,' , , ..";.. ": / ,/>', ' . .<. .' ~ f" . . " - ...,. " .-. .. _.:..'-,.;;..:.--,-"=:-,,,,-,,,,,.:.L~.:....,t:~~';;".~";"l..";;''''::''''''-'"''''':-'''''''':'':'';'___';." ..__..___....,__~_....u""lL"....."-'-.,,','~....,,'''.:.....'.i _;""''''''.-1"'...._'-'"..(.. r> EXHIBIT A RELOCATION ASSISTANCE The applicant has agreed to provide relocation assistance to the current tenants of the Towncrest Mobile Home Court. This assistance shall be used for moving expenses and to secure alternative housing units. It will be administered by Community Development Division of the Iowa City Department of Planning and Community Development. Payments will be based on the following schedule: Tenants in rental units $1500 per household. Tenants who relocate owner occupied units $2500 per household. Tenants who own 12' wide or larger owner occupied units who do not relocate their units $4000 per household. Tenants who own 10' or 8' wide owner occupied units who do not relocate their units $3000 per household. The applicant shall receive title and salvage rights for all owner occupied units which are not relocated if relocation assistance is paid to the owner of such units. " ,.. "" .'; ,~:',,:~ .,:',': -:Q 'j: ';':-';,~,::~ .',: '~~1 ....._ .. .'" ,..,.,. ,.__..v"...,_,.~ "R ..", , _ ..>, ..i..:,.':.;.(:, ,...... ,j'."~:::'t :""":'<':"" C,'."',' ..1 _',,,e,,,,''', ."'"1....''....,,''''' :"1 O~'!' ~/ > . '. ..... '15...'. ' , ,'. ,\ 'J!', .,.', ..,' . ~. . .' .~;, ':.." . , " " ",. ..,','....""..', ',.. o " .', .- "-,C' '.\' .(cli~,~ ~" i .- ..' ," ;:'1 '. ":1';, -.'"\" ,;\ . "','. . ,'.1, ;... ,. : .~... . . "'''~''-'-'''~'''''''''-'''''''l.'~.' ~\\ ~' " '.'" .' i . , /'-:-:-0'''- ,. [ . r~) ;; .. I .I I I i. k [I, ll,) , ,,' _.........~ {C- 0 .'1:~.J.t _.~,. 'U~:" . .' - ,~. . ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONAllY CHANGING I THE USE REGULATIONS OF 7.86 ACRES OF LAND lOCATED AT 2312 MUSCATIN AVENUE, IOWA CITY, IOWA, FROM RFB , RESIDENTIAL FACTORY BUilT HOUSING, 0 CC.2, COMMUNITY COMMERCIAL. WHEREAS, Towncrest Mobile Horn Court and Sales Co., Inc., the owner0 d First uscatine Properties Inc., the Contract P chaser (hereinafter "applic to) have req sted that the City rezone 'Z.S6 Acres of land cated at 2312 Muscatin A venue, Iowa City, I a, from RFBH, Re dential Factor;! Built H using, to CC 2, Community Commercia' and WHEREA ,the subj t property is located adjacent to a existi area of commercial development; a WHEREAS, th Ity deems it appropriate to expand the existi commercial area if the applicant provi suffering between the proposed co ercia use and adjacent residential us sand i concerns regarding traffic imp ovements, he provision of alternative ousing for the urrent tenants of the mobil home court, and s e design can be address ; and W REAS, Iowa law provide that the City of 10 City may impose reasonab conditions on anting applicant's rezoning re est, over an above existing regulations, to sati fy public n ds directly caused by the requested ange; d WHEREAS, the City wants to ensure hat adjacent streets can accommodate tra ic generated from the proposed commercial use the property and to ensure a proper transition between the proposed commercial use of the subject property and adjacent residential useSl and WHEREAS, the applicant has agreed to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by this reference; and WHEREAS, the applicants acknowledge that the terms and conditions contained In the Conditional Zoning Agreement are reasonable to impose on the land under Iowa Code ~414.5119931 and satisfy public needs directly caused by the requested zoning change; and WHEREAS, in voluntary cooperation with the City, the applicant offered to provide partial funding for a program to assist the current tenants of the area to secure alternative housing. ~ '.__.. ",..c,:"."." ';", ~. . . , , , "f~"':" I , . ~ . I '. J~~l '" " ::Y' , , -~i- .." ,-;'.' '::.'.:,.,.'<.';',', .J"~"""""""'.v",_..... , " . \ 0' , , \" .' ,~j' ' .: ~ ' r~".';.,{i" ;'.-;'.c.c."07T7''';'''''?... . '0' "I' . '.. jt;..'".,_!-.::" . ~, ~}. " ): , ..",....,,/,'...., -~,. '" ;, . .""'.' .\" '-;;"1. ' ii~~;N~ ~.. ' y ".' ". . '- .r-~ ..C' \J \1\ N. 1"ii3 T \i 1"1 ;: . II I[ II' I ' 1 I k~ I . !, II ' II ~L): :) ~~'.":":".. ,i,l' 'r,' ~'; i" ~ ' i,~~. ' ~ . ,t' ',1 ~. '\; , '-_..'\..- :G__ . '~.,; .. "' , "~r:\:'(". . ".'.\ , .. . "." - .~:....,....::...~- .. u.',_... ".. Ordinance No. Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Subject to the terms and conditions of the attached Conditional Zoning Agreement as authorized by ~414.5, Code of Iowa (1993), the property legally described below is hereby reclassified from its present classification of RFBH, Residential Factory Built Housing, to CC-2, Community ommercial. Commencing at a point 3.52 chains East of th southwest corner of the NW 1/4 of Sec. 13, wp. 79 N., R. 6 West of the 5th P. . thenc east 269.2 feet, thence north par lei with th west line of said Section 1321 eet, thence rthwesterly 269.8 feet to point 1352 feet ue north of the beginnin , thence south 135 feet to the place of eginning, containing 8. 6 acres, more or ss, except commencing 1 81 feet north of a point 3.52 chains east of th southwest c ner of the said NW 1/2 of Section 13, thence orth easterly to a point in the no line 0 the tract above described, that is 19. /2 f t easterly from the northwest corner 0 aid tract, thence northwesterly 19-1/2 f t to a point that is 271 feet due north f oint of beginning, thence south to poi of be inning, subject to the public highway ff the so th and thereof. The East 12 f et of the So th 418 feet of the following de cribed property: eginning at a point on the est line of the NW 12 of Sec. 13, Twp. 79 . R. 6 West of the 5th .M. said point being n the South line of the ight of way of the Chicago, Rock Island and cific , Railway, ence South 28.49 chains to the center 0 the Bloomington Road; thence E t along s id center of said road 3.52 chains, thenc North 28.49 chains to the South line of the ri ht of way of the Chicago Rock Island and Pac' ic Railway; thence west along said right of w 3.52 chains to the place of beginning. E CEPTING THEREFROM THE FOllOWING: Beginning at a point 33.0' North and 232.32' East of the Southwest corner of the Northwest Quarter of Section 13, Township 79 North, Range 6 West of the 5th P.M., thence East 100' along said right of way; thence North 0056' East 100'; thence West 100'; thence South 0056' West 100' to the point of beginning; together with an easement for ingress and egress over the following described property. Beginning at a point 33' North and 332.32' East of the Southwest corner of Northwest . " "" ,~ ")'" '''.;:t:..'..:..'.'.'''...:..''<.',.....::...'':..: '::"'''''':;'''7''q}~:5::~:.'':.. .' 0,'... }.., ." ' ".,.'. .,.,',."..... ' ;Ii; '" . ,,' .. . " , ,.,. "0." / ,\ '..' ~. '. , h '1'_ 1 ' ~. l J , ". '_ ,. _..,_~-.~ ;.,:'.:~,~' ';':'_i,';' .~"t,:::i:.' ' / l~'7 f ~ I ~ I I ~~', ; ~.. ....... ..' , '... f, ~~:o..._'..i ,. r"i.": i . :'11>" ';"'.W:!_.; .. . . '., .. ~ ' " . .. . ..,~' ~ . '~.,. ,... . .. .~- .! .J, .~ _.".. ."'., " ',:,-,,::,<; ;';;"~,'i:_:.',:,:~: '.' i.1i<<~ c..., '.'__,__1" Ordinance No. Page 3 ,- .r (-'\ \ \ ~ '.' Quarter of Section 13, Township 79 North, Range 6 West of the 5th P.M., thence East 30'; thence North 0056' East 130'; thence West 80'; thence South 0056' West 30' to the North line of the above described property; thence East 50' to the NE corner of the above described property; thence South 0056' West the point of beginning. S TION II. ZONING MAP. The Building Insp ctor is hereby authorized and directed to chang the zoning map of the City of Iowa City, 10 , to conform to this amendment upon the final ssage, approval and publication of this Ordina e as provided by law. SECTI N I, CERTIFICATION AND RECORDING. e Mayor is hereby authorized and directed to ign, and the City Clerk to attest, the atta ed Conditional Zoning Agreement. The City Clerk is further authorized and directe 10 certify a copy of th' Ordinance and the Conditional Zo' g Agreement which shall recorded b the of Johnson County, Iowa, u n final assage and publication as provided by w. SECTION IV, REPEALER. All 0 nances and parts of ordinances in conf' with the provision of this Ordinance are ereb repealed, SECTION V, SEVERABILlT . If any ection, provision or part of this rdinance s all be adjudged to be invalid or constitutional, uch adjudication shall not ect the validity 0 he Ordinance as a whole r any section, pro vis I n or part thereof ot adjudged invalid 0 unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance sh I be in effect after its final passage, ap oval and publication, as required by law. Passed nd approved this ! i [i.~ I . t ,,' '~ "f;if E (]I fl-t q -tj 3 i> ppdldmln\mUlcltlne.ord "I" :; J' ,1, ~t"" t" ",. ,-' .C." .--o.~ '. .. " ..~j.,~l ~~jj~ '._J.~.. \ 0 . ......, ) . . , . . . -----~--- ,-. L _ ".,.., .\0"<._.]\'/:;':""-;''<':':'' I ~' I ., . '. la~7 ','-: :.":"~~~",;-r'r"f, . . 'i5' ,J . . .. . I '1"';"; ,.:D^, '.."""...',,'1.'. -,.....,.,. ..~. ';-, ~(. .;i ......':1' ,", t\ \\. I I \ , J . ,:,(I':f< , ' , ;'., ._~- "1 ." .<: '... ..,~ ", .' ':"'\\_~'" "' ' , . ?." .' " ..... . ""'- . ~ ' , . , ,'-.,. ~. , . ; . ., '. : c, ~ . ' MAY-18-1994 15:38 LEFF, HAUPERT & TRAW 319 338 6902 P.02 ARTHUR O. WP' CHilOt5-leetU PHIUlfA,WP' R. BRUCE HAU~RT CtWll.Cll T. TllAW RAHOAI.L D. W1~ LAW OFFICES or , LEPP, BAUPERT & TRAW au SOUTH UNN STREtT IWUNGACDRESS: P.O. GOXa,.w1 IOWA CITY. IOWA 5ZZ44C447 TEU:PHQN~ QIBI >>a'7.GOt .... Q"JJ "~.,,>>oa I.' . STEVtN Eo 8Al.WD /WIK C. DANlELSOH I I May 10, 1994 ....' HAND-CARR!BD Mayor and City Council of Iowa City civic Center 410 East Washington Street Iowa City, Iowa 52240 RS: Eagle Food Store Rezoning (RBZ93-0010)' Dear Madam Mayor and Members of the City Council: In reference to the above rezoning request for the Eagle Food Store project by First. Muscatine corporation, I formally request that you utilize expedited procedures so that the final reading of th~ zoning ordinance amendment requested by the applicant occurs on. May 24, 1994. The expedited procedure is important to the applicant who faces a . May 26 deadline in its contract of purchase of the ~1..Ibject "property. Additionally, it will allow the tenants of the involved mobile home park to receive assurances for financial assistance in their relocation. Thank you for your consideration of this request. i Very truly yours, .. F , HAUPERT & TRAW ~O, Philip A. Leff PAL: ekh .~\o -t ' o' . ,w.,,-" ~_ ,,,: "0' ",::",),. '.,:~,~~:::" "',''''~''\'','' ',"', "',"';';'\ '..:_: ,':....'7,.;: )~",", ,:.:..; ...d. " "';"""'1"" :;5 ;,fdi: .....,. ,....,.., I: ..:: - , ," ,;"..'..... -:.,' "".,'.. .' , '-,'.'.0, ',"." ., " I' {~';i:~\hl: ,. }f} ....- .( C~.\ . \ \\ .~ ~T' , I, ' ..., , , ,I i , ! , ~: : I - ~ , ,) li~':~.", ,v' i";; 1(\. ;~ " ", :':",".1.1 -" ( o '. I"~. ,;' . "I , "'\\" " '~. , .. '" . ~ '. '.. . ;.",. .,....,...'-, .,,-.,'-,-..-.......,., , . .... "'~_ -'"........d.. . . .-.,'.."..., ORDINANCE NO. 94-1620 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE VI, OF THE IOWA CITY CODE OF ORDINANCES BY ADOPTING THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE, WITH AMENDMENTS, AS THE IOWA CITY ELECTRICAL CODE, REGULATING THE PRACTICE, MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE, EXTENSION AND ALTERATION OF ALL WIRING, FIXTURES, APPLIANCES AND APPURTENANCES IN CONNECTION WITH VARIOUS ELECTRICAL SYSTEMS; TO DISSOLVE THE BOARD OF EXAMINERS OF ELECTRICIANS AND TO ASSIGN THE DUTIES OF THAT BOARD TO AN EXPANDED BOARD OF APPEALS; TO PROVIDE FOR THE ISSUANCE OF PERMITS AND INSPECTION OF ELECTRICAL INSTALLATIONS AND THE COLLECTION OF FEES, AND TO PROVIDE PENALTIES FOR VIOLATIONS. Be it enacted by the Council of the City of Iowa City, Iowa: SECTION 1. SHORT TITLE. This ordinance shall be known as the Iowa City Electrical Code, or Electrical Code, and may be so cited. SECTION 2. PURPOSE. The purpose of this ordinance is to adopt the 1993 edition of the National Electrical Code as prepared and edited by the National Fire Protection Association and to provide certain amendments thereto, to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa; to provide for the enforcement of the Electrical Code, and to provide penalties for violations of the Electrical Code. SECTION 3. Scope. This ordinance shall apply to and govern electrical work, as defined in the Electrical Code, including the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with any of the following: wiring or piping on public or private electrical systems, within or on any building or other structure; also the practice and materials used in the installation, maintenance, extension or alteration of electrical systems, to connect with any point of public or private structure. SECTION 4. Sections 8.101 through 8.160 of the Code of Ordinances of the City of Iowa City is hereby repealed and the following new sections 8.101 through 8.160 are enacted in lieu thereof. SECTION 5. Adoption of Electrical Code '1'- . . ~=-~~~ ~ ], "',", ',',~.'-'--' .' ,:..:.I,<...y,'~,': ",' \ , , ".' . , o '.- ..... ~. . -' "'~.~ i~ J311 ':"';',....,..".,-'" is ~, '. :'ld!. . '.,no ' ,'i.,' . '.'r !nmmJ. - ' f (~'\ '~ ~," "..~.'.:. ~ ( " I ' I I I. I i i I I . i I ~. II, ; i i i i I \~L,A \'\v ,'j .(' , '!'.'.' " .' . I.:r o ., \' ~ I ... . "t', , :"'ii '. .~.. , ... '-.: ,.... , "''t. ':.1. Ordinance No. glf- 3620 Page 2 SEC. 8-101 CODE-ADOPTED. Subject to the amendments described in Section 8-102 below, Chapters 1 through 9 of the 1993 Edition of the National Electrical Code are hereby adopted, and shall be known as the Iowa City Electrical Code, or the Electrical Code. SEC. 8-102. AMENDMENTS. The electrical code adopted by Section 8-101 of this chapter is hereby amended as follows: Article 100 is amended by deleting the definition of approved and adding the following definitions: Approved, as to materials, equipment and method of construction, refers to approval by the Building Official as the result of an investigation and test conducted by the Building Official, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations. Approved agency is an established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when the agency has been approved by the Building Official. Building Code is the Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. Building Official is the officer charged with the administration and enforcement of this Code, or a duly authorized representative, and is the authority having jurisdiction for this code. Code enforcement agency is the department, division or agency of this jurisdiction charged with the function of code enforcement and shall be under the administration and operational control of the Building Official. Electrical code is the National Electrical Code promulgated by the National Fire Protection Association, as adopted by this jurisdiction. Electrical work is all uses, installations, alterations, repairs, removals, replacements, connections, disconnections and maintenance of all premises wiring systems. Electrician, apprentice is any person who works under the supervision and guidance of a skilled journeyman or contractor for the purpose of learning the electrical trade. Electricien, journeyman is any properly licensed person who is allowed to perform electrical work only under the supervision of a licensed master electrician. .~- T -- ,.,O".,j';:" I , I ,.. ~ ,~ l '. J3/7 d'~'-~;'5 ' ~:d. ',,' . , .t (....... \ \ ,/:'l1 '''C4i'''' , ' " I : ~' , I :\~l '~ ,} "l: :~! .1;1 r:~ ~:~. f": fr-:" o~-- ,~-- ~ 0, rj "' . '~t \ 'j , ,\ '. ~ , ,~, )',' , ". . .' :..' .:.. .,:." ..:j: ~:,-:.-/-':.:J_'... . ;. Ordinance No.94-3620 Page 3 Electrician, maintenance is any person who is a regular employee of a manufacturing or industrial establishment or a commercial or residential property management firm, who does electrical work for that establishment or firm only, and who maintains the existing electrical equipment within the building or group of buildings. Electrician, master is any properly licensed person who undertakes or offers to undertake to plan for, layout, supervise or perform electrical work with or without compensation. Fire wall is the same as an area separation wall as used in the Building Code. Multiple occupancy building is a building having more than one tenant and may be a single or mixed use group as classified by the Building Code. Occupancy is the purpose for which a building, or part thereof, is used or is intended to be used. Section 210-52(c) is amended by adding the following exception at the end of the second paragraph: EXCEPTION: Receptacle outlets for island or peninsula countertops six feet or less in length may be located at each end of the countertop provided: (11 they are installed above or no more than twelve inches below the countertop; (21 there is at least one receptacle outlet at each end; and (31 there is one receptacle for each 24 linear inches of countertop. Delete Section 230.22 and insert in lieu thereof the following: 230.22 Insulation or covering. (a) Service conductors for residential installations shall be installed in rigid, intermediate metal, EMT, or non-metallic conduit. EMT conduit shall be assembled using rain-tight type fittings as approved by Underwriter's Laboratories. (bl Service conductors for commercial or Industrial installations shall be installed in rigid, intermediate metel, or non-metallic conduit. Section 230-42(bl is amended to read as follows: (bl Ungrounded conductors. Except as provided below, ungrounded conductors shall have an ampacity of not less than: (11 100 amperes, three wire for service to a single family dwelling. ~..c.~ ~rfMJQ l ,0, ,.., ,.,...,' ,\:-' - -~ " ~ - ... lal1 ""1" 15 0) ~tl .!~Jri[JJ , . " I "' . "t .W'" " . ',' ',' ~ '~., ".. . << ...::', . ".;; . ,,'.," - Ordinance No. 94-3620 Page 4 (2) 200 amperes, three wire for service to a single family dwelling which contains over 2,500 square feet of floor area including the basement but excluding the garage. (3) 60 amperes for other loads. Exception 1: For loads consisting of not more than two two-wire branch circuits, #8 copper or #6 aluminum or copper clad aluminum. Exception 2: 8y special permission, for loads limited by demand or by the source of supply, , #8 copper or #6 aluminum or copper clad aluminum. Exception 3: For limited loads of a single branch circuit, #12 copper or #10 aluminum or copper clad aluminum, but in no case smaller than the branch circuit conductors. (4) All service entrance locations in the central business district shall be approved by the electrical inspector prior to installation. Section 230-71 (al is amended to read as follows: (a) General. The service disconnecting means for each service permitted by Section 230,2 or for o each set of service entrance conductors permitted by Section 230-40, exception 1, shall consist of a single main disconnect, with the following exceptions: Exception 1: A residential two family dwelling may have a main disconnect for each unit. Exception 2: For the purpose of this section, disconnecting means used solely for the control , ( circuit of the ground fault protection system, installed as part of the listed equipment, shall not be I), I" considered a service disconnecting means. Section 300-13(bl is amended to read as follows: (b) Device removal. In all general purpose branch circuits the continuity of any conductor shall not be dependent upon device connections such as lampholders, receptacles, etc., where the removal of such devices would interrupt the continuity. Section 336-3 is amended to read as follows: 336.3 Uses permitted. Type NM and NMC cables may be used in one and two family dwellings I \ '. except as prohibited in Section 336-4. Where installed in cable trays, cable shall be identified for this use. ~ 'C 0 ~ ....- .8_ . - ., --- o '],',,"':' , ' I " .::." :,;,::", " ,,'\': \ IJ/7 ., " r 'it;. , ~ ~), ~[j. - ',f ;'. .Qllili~~j j' -~ t -' ~. ~,- -,~ 1317 ',1.- .. . ..- .-.;-. . n, '::"l~::.("'-' ,\ 'IS \; .. \' , ~ , ,'~t \ \', '..: , ,~, \ ". . :.,".:, ,.. .: ... .~,....,... ' ., ,,,':' '",..~.. ;.';_'.:} ,.;._u.. ._-,-.,~,_ ~...",..' ..... Ordinance No. 94-3620 Page 5 (a) Type NM. Type NM cable shall be permitted for concealed work in normally dry locations. NM cable may be installed or fished in air voids in masonry block or tile walls if the walls are not exposed or subject to excessive moisture or dampness. (b) Type MC. Type MC cable shall be permitted 1) for concealed work in dry, moist, damp, or corrosive locations; 2) in outside and inside walls of masonry block or tile; 3) in a shallow chase in masonry, concrete, or adobe protected against nails or screws by a steel plate at least one sixteenth (1/16th) inch thick and covered with plaster, adobe, or similar finish. Exception: Type NM and Type MC cable may be exposed in unfinished basements and garages of one and two family dwellings provided it is installed in bored holes in accordance with Sections 300- 4(a)(1) or in accordance with Section 300-4(d). Section 350-2 is amended to read as follows: 350-2. Uses not permitted. (a) Flexible metal conduit shall not be used 1) in any location except as permitted in 350-2(b); 2) in wet locations unless conductors are of lead covered type or of other types approved for the specific conditions and the installation is such that water is not likely to enter other raceways or enclosures to which the conduit is connected; 3) in hoistways, other than provided in Section 620,21; 4) in storage battery rooms; 5) in any hazardous (classified) location other than permitted in Sections 501- 4(b) and 504-20; 6) where rubber-covered conductors are exposed to oil, gasoline, or other materials having a deteriorating effect on rubber; 7) underground or imbedded in poured concrete or aggregate; or 8) where subject to physical damage. (b) Flexible metal conduit may be used where conduit must be fished into concealed spaces, where conduit is subject to vibrations or for tap connections to lighting fixtures. The maximum length of exposed fiexible conduit shall be six feet (6'). A grounding conductor of equal current-carrying capacity to the largest current carrying conductor shall be installed, and fastened to the fixture or box with the appropriate green screw. Tha following sections of the National Electric Code are not adopted: ~ "u.. - , ' - ),.,,:,.,',.,.;';" , : ' , " ....,. " ' " , o ~ - ..j" .--. JI" . 1>' ~h I " J ."" r . 0, ., " ,~",,'\.';;'jJ' , , J r \ ;0!r:' , , , I, I I I I I t 0." J i~~',;~ "i " w rr ('" 0 .. . , . ',:t: , .\1., '. , "' . ',.., 1 '. . :.'., ...,_.'...._,.. h... . :;, Ordinance No. 94- 3620 Page 6 1) Note #3 to Tables 310,16 through 310-19, dealing with three wire, single phase residential service. SECTION 6. Additions to the provisions of the National Electric Code. Sec. 8-103. Application to Existing Electrical Systems and Equipment. (a) Additions, alterations or repairs. Additions, alterations or repairs may be made to an electrical system and equipment without requiring the existing electrical system and equipment to comply with all the requirements of this code, provided the addition, alteration or repair conforms to that required for a new electrical system and equipment, and provided further that no hazard to life, health or safety will be created by such additions, alterations or repairs. With approval of the Building Official, minor additions, alterations and repairs to an existing electrical system and equipment may be made in accordance with the law in effect at the time the original installation was made. (b) Existing Installations. Electrical systems and equipment lawfully in existence at the time of the adoption of this code may have their use, maintenance, or repair continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health, or property has been created by such electrical system and equipment. (c) Changes in building occupancy. Electrical systems and equipment which are a part of any building or structure undergoing a change in use or occupancy, as defined by the building code, shall comply with the requirements of this code which are applicable to the new use or occupancy. (d) Maintenance. All electrical systems and equipment, both existing and new, and all parts thereof shall be maintained in a proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required by this code shall be maintained in conformance with this code. The owner or designated agent shall be responsible for the maintenance of the electrical system. To determine compliance with this subsection, the Building Official may require any electrical system to be reinspected. (e) Moved buildings. Electrical systems and equipment which are part of buildings or structures moved Into or within this jurisdiction shall comply with the provisions of this code for new installations. - ..7"--- "J..r.'tll on .- ,_ :. 1311 .,. '," .'." ~~""":':'r, 'jc. ~ ~) , ,0 )"',.,,c.... ' < ,','. -.' I':' , ".. . . I . o , , I' i } ;ti. .....'...' i. W~1 ..' .~~ ., f .,\ ..-.;.'1 [~ ",~,." r;;:'fl~ , I I . ~l : I , , i! 1 k; 1 r. ! 1 ! I . '~,l,.".,:/: "...~ fjf 'l,'I'" 'j:, l"r ~ ~,1 ., ,. , t ,';'".'~ -~ , - . "t ;"'\\1,:. .. .' .' . ;', . ,'.,' , '-~ . """'\" .. :.' " '..'.,,' .,.", '."".'-'-'."'.".'" ~ /3/7 "';,..,:","...,..T.,':'.., J.t.. :} \' ..' , '., , ...':,....:'~... ,..-...:."......_i...,...c. Ordinance No. 94-3620 Page 7 Sec. 8-104. Conflicting provisions. If different sections of this code specify different materials, methods of construction or other requirements, the most restrictive section shall control. Sec. 8-105. Alternate materials and methods of construction. The Building Official may approve the use of an alternate material or method of construction if the proposed design complies with the provisions of this code and the material or method of construction offered is at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability and safety. The Building Official shall require sufficient evidence or proof to substantiate any claims regarding the use of alternates. The Building Official shall record in the files of the code enforcement agency any decision to approve an alternate material or method of construction. Sec. 8-106. Modifications. The Building Official may grant modifications for individual cases, provided that a special individual reason makes the strict letter of this code impractical and the modification is in conformity with the intent and purpose of this code, and that such modification does not lessen health, life and fire safety requirements. The details of such actions granting modification shall be recorded and entered in the files of the code enforcement agency. Sec. 8-107. Tests. Whenever there is insufficient evidence of compliance with any of the provisions of this code or evidence that materials or construction do not conform to the requirements of this code, the Building Official may require tests as evidence of compliance to be made at no expense to this jurisdiction. Test methods shall be as specified by this code or by other recognized test standards. In the absence of recognized and accepted test methods for the proposed alternate the Building Official shall determine test procedures. All tests shall be made by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for the retention of public records. , ~, -. .-~~' , ),',..,'"..,... ,;.'" , .:';: t."" .'. ."" '..,. ,. '. . ..' . . . ' . ( .. 1 0 .0 " , , .. ~.' ., '" ~~- "'. . I ..., 'ld.. '{~"~:'~~'3" ,\ .,,-,.~ " ' \ I " I I , ,CuO . ;' , "' . '.~t ~\ f . .'..: .' , '-..;. ... . . -'.. ' '.' ......_".. ,..,. .._...'- ~,':'. ,..". "..-"."" d."...\._...;;".... ,...,,' ... .......->-.".,... Ordinance No. 94-3620 Page 8 SECTION 7. DISSOLUTION OF BOARD OF EXAMINERS OF ELECTRICIANS AND ASSIGNMENT OF THE DUTIES OF THAT BOARD TO AN EXPANDED BOARD OF APPEALS: ADMINISTRATION OF CHAPTER. Sec. 8-110. Powers and Duties of Building Official (a) General. The Building Official is hereby authorized and directed to enforce all the provisions of this code. The Building Official may appoint a chief electrical inspector and other related technical officers and inspectors and other employees as shall be authorized from time to time. (b) Right of Entry. Whenever necessary to make an inspection to enforce the provisions of this code, or whenever the Building Official or an authorized representative has reasonable cause to believe that there exists in a building or upon a premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official or an authorized representative may enter such building or premises at all reasonable times to inspect the same or to ~, ~1 perform any duty imposed upon the building or premises by such codes, provided that if such building or premises be occupied, the Building Official shall first present proper credentials and request entry. If such building or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry be refused, the Building Official or an authorized representative shall have recourse to every remedy provided by law to secure entry. When the Building Official or an authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner or occupant or other persons having charge, care or control of the building or premises shall not fail or neglect, alter proper request is made as herein provided, to promptly permit entry therein by the Building Official or authorized representative for the purpose of inspection and examination pursuant to this code. lc) Stop Orders. When work is being done contrary to the provisions of this code, the Building Official may order the work stopped by notice in writing served on persons engaged in the doing or causing such work to be done, and such persons shall immediately stop such work until authorized by the Building Ollicial to proceed with the work. _..:-~.. , _ o. ~~)\:i J3/7 ':"..,.....1':-"',. 'j r:.. lit. ~ "II' '..,'. . . : " '. 0, ..- ~~ ",..' .' \, , "".':.1: '" " , ~' - ' (-:-.... J '" C-\ \1 .1 I I I i I I '~:'~I";" c ~~I, ,', '~, I" :" ....vl:' -....... rr rr :'-.,_ 0 .' to r i : ~t :\', . '. ',> , ..~' -.'.'1 , " . .'."....' "....,.....". ._... ,._-._.___"0:,,.,...',' .-',.;,..;,.:".... Ordinance No. 94-3620 Page 9 ld) Authority to Disconnect Utilities in Emergencies. The Building Official or authorized representative shall have the authority to disconnect electric power or energy service supplied to the building, structure or building service equipment therein regulated by this code in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or electrical system or equipment of the decision to disconnect prior to taking such action and shall notify the serving utility, owner and occupant of the building, structure or building equipment, in writing, of the disconnection immediately thereafter. leI Authority to Condemn Electrical System and Equipment. If the Building Official determines that an electrical system or equipment regulated in this code has become hazardous to life, health or property, the Building Official shall order in writing that such electrical system or equipment either be removed or restored to a safe condition, whichever is appropriate. The written notice itself shall fix a time limit for compliance with such order. Persons shall not use or maintain defective electrical system or equipment after receiving notice. If equipment or an installation is to be disconnected the Building Official shall issue a written notice of such disconnection and reasons therefor to the serving utility, and the owner and occupants of the building, structure or premises within 24 hours of the order to disconnect. When an electrical system or equipment is maintained in violation of this code and in violation of a notice issued pursuant to the provisions of this section, the Building Official shall institute appropriate action to prevent, restrain, correct or abate the violation. lfl Connection after Order to Disconnect. Persons shall not make connections from any energy or power supply nor supply power to an electrical system or equipment which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of the electrical system or equipment. (gl Liability. The Building Official, or an authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of duties, shall not thereby render ~~:~:~ ~ ,', ,o.:j;...:...."" ~, ".. . I 1311 A ,<' "1Ys . ,4 " I [j", ,\ . ~. \ V" f,'~ I I : I I i I i! \, \~ ii,']' ',' , 1;1 !'I - :(___0 1311 r ;r:.. ,01: ",,) \ \' . .. . ",' , \, ~ I,: , '. . :,' , Ordinance No. 94-3620 Page 10 the Building Official personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of duties. This code shall not be construed to relieve or lessen the responsibiiity of a person owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming such Iiabiiity by reason of the inspections authorized by this code or approvals issued under this code. (hi Cooperation of Other Officials and Officers. The Building Official may request, and shall receive so far as is required in the discharge of duties, the assistance and cooperation of other officials of this jurisdiction. Sec. 8-111. Unsafe Electrical Systems or Equipment. Electrical systems or equipment regulated by this code which are unsafe, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Use of electrical systems or equipment regulated by this code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Unsafe electrical systems or equipment are hereby declared to be public nuisances and shall be abated by repair, rehabiiitation, demolition or removal in accordance with the procedures set forth in the Uniform Code for the Abatement of Dangerous Buildings or an alternate procedure as may be adopted by this jurisdiction. As an alternative, the Building Official or other employee or official of this jurisdiction as designated by the governing body may institute other appropriate action to prevent, restrain, correct or abate the violation. Sec. 8-112. BOARD OF APPEALS. A. General. The Board of Appeals shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code. The Board shall consist of at least five (51 members who are qualified electors of the city of Iowa City but are not employed by the City. The Board shall include at least one licensed electrician, one .- :l~"";' , ~' .. " ,n . ,;, . \ .,- --"..'~.'. ..~- . ., .0 ,.. r . CD ~" ~O', , , Jl!Im' ( \ , y;1 ( I, i , , 1 1 I I ~ \ ".. " J ~\" '\ " .. ~', ~~\ " lr ~-- '" . , ., \"j ... . -, ~ r: . ,-,\1". ,~, ~ .w... ':~ ..,. ,. ,~" .d.,.' .,"" .'.'L,....._ Ordinance No. 94- 3620 Page 11 licensed plumber, one member qualified by experience and training to pass upon matters pertaining to mechanical design, construction and maintenance, one representative from the Iowa City Homebuilders Association, and at least one building design professional. All other members shall be qualified by experience and training to pass upon matters pertaining to building construction and interpretations of the Building Official. If any electrician on the Board of Appeals is involved in an appeal before the Board, the other members of the Board shall appoint an alternate qualified electrician who is a qualified elector of the City of Iowa City to act in his or her stead. The Building Official shall be an ex officio member 01, and shall act as secretary to the Board. The members of the Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. B. Limitations of Authority, The Board of Appeals shall have no authority to waive requirements of this Code. Sec. 8-113. Violations It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain an electrical system or equipment or cause or permit the same to be done in violation of this code. Sec. 8-114. Licenses. A. No person shall plan for, layout, supervise, or perform electrical work, within Iowa City, with or without compensation unless the person holds a master electrician's license issued by the City. B. No person shall work as a journeyman electrician within the City unless the person holds a journeyman electrician's license issued by the City. C. No person shall knowingly employ or permit an unlicensed person to perform electrical work within Iowa City if the work is required by this Code to be performed by a licensed electrician. D. There shall be a properly licensed electrician present at all locations and at all times where electrical work is being performed. At least one licensed electrician shall be present for every three apprentices or workers. Such licensed electrician must be an employee of the permit holder. E. The provisions of this section shall not apply to: '~T-V'" .. ",,~-- ..~ - J.","',,',';..:;,..,;.. ',." , ' ,: . ':( ': , , -- - .,...,., " '\ o ,0 f" . "., ~ o " 13/7 : ....,..,...0'.-... , 10. I: 15' ,~~t~;f '" " " "'I .', . ,t.I" .', '~ , "~. , ',~ . "'. ' , '. . ~,' ,. - . . :.1"". ,'.., ^_.'" ~""" .' ," ..., ." ..'- . , . , . -'- Ordinance No. 94-3620 Page 12 (1) The personnel of the traffic engineering division of the city or persons who work for a public utility company, telephone or telegraph company, nor to persons performing electrical work as an integral part of the plant used by such company in rendering its duly authorized service to the public. (2) A regular employee of any railroad who does electrical work only as a part of that employment. (3) The service or maintenance of heating or air conditioning equipment provided that such work or maintenance shall only include electrical work on electrical equipment that is part of such equipment. Such work shall include the connection of heating or air conditioning equipment to an existing individual branch circuit. Sec. 8-115. Applications. Any person required by this ordinance to possess a license for electrical work shall make application to the Building Official. Sec. 8-116. Application and Examination Fees. Fees for persons applying for a license for electrical work shall be established by resolution of Council, and shall not be refunded. r~ , ' ..\' h\ ' ( \ \ ,\ I i~ I f '-1 Sec. 8-117. LICENSING STANDARDS. The Administrative Authority shall issue licenses pursuant to the following provisions: A. A master electrician's license shall be issued to every person who demonstrates satisfactory completion of one year of experience as a licensed journeyman electrician, and successfully passes " the examination approved by the Board of Appeals. The fee for the license shall be set by resolution of Council. i I : : I B. A journeyman electrician's license shall be issued to every person who demonstrates satisfactory , , , , , , completion of one year of experience as an apprentice electrician with an established electrical ; ,k. I ! I" !, l i. ~,"'~, ",piT i\,'~",;,',"',..';, k, "* ~" ~': l \ _.- company, and successfully passes the examination approved by the Board of Appeals, The fee for the license shall be set by resolution of Council. '(Cu_ , v- """""'"- : r 0 -_..~-- 0,,']' ".,,, ,,,, " " '.',:,. ~. f 13/1 "F': ,'5 l I A' 'u D~ '. .' 1\ .. :;\'1~':t--:~:i. ...--. " .,l.: .-...01 ( \ \\ ,!\ H-, , \ r I , I ! I I I ! ~: : j' J ,"l.' \ <:J:: , ~: ilt,l.j~ :(~ '--- ,tfIJ___1il ''"'i . i(u,_~_,_ .' \' , .' '" '1'.\1.', '. .... ,',,: ~ , .':' 1 ":-., . . :.1..'. .'.. >,',;_:. ",:..1; .'~ _., ..:,,' _~, '. ,..,. ._" ..' " ... ,"--.., ........ '. '. ' Ordinance No. 94-3620 Page 13 C. Only one license shall be issued to any individual in any license category on the basis of a single examination. Sec. 8-118. RE-EXAMINATIONS. Any person who fails the journeyman or master electrician's examination may apply for re- examination at the next regularly scheduled examination. Sec. 8-119. RENEWALS. A. Every license which has not previously been revoked shall expire on December 31 of each year. Renewal fees shall be as established by resolution of Council. Any license that has expired may be reinstated within sixty 160) days after the expiration date upon payment of an additional ten dollar ($10) reinstatement fee. After the expiration of the sixty (60) day period, no license shall be renewed except upon reexamination. B. Code Update Certificate. Prior to receiving any active electrical license for 1995, each applicant shall complete an eight hour National Electrical Code update class based on the 1993 National Electrical Code. A certificate of completion must be submitted to the Building Official to accompany application for renewal for 1995. C. At the time of renewal, each licensee shall identify the company where they are currently employed. Sec. 8-120. Maintenance electrician's certificate; when required. A maintenance electrician's certificate shall be required of any person employed as a maintenance electrician as defined by this Code. A maintenance electrician's certificate shall be issued to any person who shall satisfactorily pass the examination given by the Board. Any person holding a maintenance electrician's certificate issued by the city prior to passage of this code shall be issued a renewal of the certificate without taking the examination hereinafter provided. The installation of any new or additional electrical equipment of any kind by the holder of a maintenance electrician's certificate is hereby prohibited. nrp, -. " ---- - - ',').,..,.,.,.."".' .',.-:..~.::.::":' ---y o ,'.'., " f" . ,.....- ;','..',. ~ 1317 "'~.'r~ "II;. l ~) , , ftJ', (b) 1. " J (- \ ,,.4 2. Y'-r , .. , " " :~, .,.< , [I. \;, "ia } ~:,~",,: '~'; ''::1 ii i," L :it 0 ,ll..._.,_. .' .. j .~ . "t', . \v.~ , .. ',' " , ~ " . 'l . ......,~...,.','~; Ordinance No. 94-3620 Page 14 Sec. 8-121. Restricted electrician's license. A restricted electrician's license shall specify the types of electrical work which may be performed by the licensee. The licensee may perform only the type of work specified on the license. Sec. 8-122 Inactive license. Any current electrical license may be classified as inactive upon written request of the licensee. Once so classified, the license holder is permitted to maintain the electrical license as current but will not be permitted to obtain an electrical permit nor otherwise actively participate in the electrical trade in Iowa City. The license may be reactivated upon completion of an eight hour National Electrical Code update class based on the most current edition of the National Electrical Code and payment of the full license fee for that year. The fee for an inactive license shall be set by resolution of Council. Sec. 8-123. Permits. (a) Permits Required. Except as specified in Subsection (b) of this section, no electrical system regulated by this code shall be installed, altered, repaired, replaced or remodeled unless a separate electrical permit for each building or structure has first been obtained from the 8uilding Official. Exempt Work. An electrical permit shall not be required for the following: Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this code. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. 3. Temporary decorative lighting. 4. Repair or replacement of current-carrying parts of any switch, contactor or control device. 5. Reinstallation of attachment plug receptacles, but not the outlets therefor. 6. Repair or replacement of any overcurrent device of the required capacity in the same location. 7. Repair or replecement of electrodes or trensformers of the same size end capacity for signs or gas tube systems. 8. Taping joints. "f .- ~ j"'- ;", :,,',., , 0,.:""""" , . . ., ' ,. ".v" ....." - , ~ -- - 13/7 "(',":;":\,,,': " /5 ) ,.. . .'," , , I I o I I I , , 'Id~ ~>:1' '., ,", ,\. :. \"'1 .' "t " w.~ '. . ~ . 'I! .;,.1 , -, . . ~,.; ~,....,,;._...~.,..,:.._.._...l " f" .' ," ,..". '.... ...~.- ,'- ...,., '. ..,.,';';:.'_'1;.;; Ordinance No. 94-%?Q Page 15 9. Removal of electrical wiring. 10. Temporary wiring for experimental purposes in suitable experimental laboratories. 11. The wiring for temporary theater, motion picture or television stage sets. 12. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 13. Low-energy power, control and signal circuits of Classes II and III as defined in this code. 14. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Sec. B-124. Application for Permit. lal Applioation. To obtain a permit, the applicant shall first file a written application on a form furnished by the code enforcement agency for that purpose. Every such application shall: ,/:~-....,~..;.. " 1. Identify and describe the work to be covered by the permit for which application is made. .L '-', l \\ . \ 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. Indicate the use or occupancy for which the proposed work is intended. ~ 3. 1 4. : I : I 5. 6. (b) Provide plans, diagrams, computations and specifications and other data as required in Subsection lbl of this section. The permittee, or authorized agent, must sign the application. Give such other data and information as may be required by the Building Official. Submittal Documents. Plans, specifications, engineering calculations, diagrams and other data shall be submitted in one or more sets with each application for a permit. The Building Official may ,(~~;---,--- ~:"J::~,,~J_-_V___ . . ')' "'0'" ',,' " , " :. !;' . ,.,,,' . ." .' "~"', 'I;' , ..... . '......,.. ,.,\. \ ,,: J:3/7 '.'.'T:.....' '} ~ ': ,( ".. , ~. "':1 0, . ' itJ3~ " Y i "' . , ~r ;.~ I, '; . , ,',.' i '-.... p' . . :: . .,.C'.';:, ' Ordinance No. 94-3620 Page 16 require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. EXCEPTION: The Building Official may waive the submission of plans, calculations, etc., if the Building Official finds that the nature of the work applied for is such that review of plans is not necessary to obtain compliance with this code. (cl Information on Plans and Specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. Plans for buildings more than two stories in height of other than Groups R, Division 3 and M Occupancies shall indicate how required structural and fire-restrictive integrity will be maintained where a penetration will be made for electrical and communication conduits, pipes and similar systems. Sec. 8-125. Permittee. A. An electrical permit may be issued to any person holding a valid master electrician license issued by the City of Iowa City, or to any company which employs a duly licensed master electrician on a full time basis. ."--... I, r ..\ (-'\ \1 .1 ! \\ B. A permit may be issued to the owner of an existing owner-occupied single-family dwelling, pursuant to a valid certificate of occupancy and used exclusively for residential purposes, to do any work regulated by this article in connection with said dwelling and accessory buildings. The owner must personally purchase all material and perform all labor in connection with the permit. All work , shall comply with this article. Applicants for a homeowners permit shall pass the designated exam I , I , I 1 i ' , 1 i (:.,1 Il) ~---,y before a permit may be issued. c. A permit may be issued to any person holding a valid restricted electrician's license issued by the - City of Iowa City only for the type of work specified on the license. Sec. 8-126. Permits Issued. (a) Issuance. The Building Official shall review the application, plans and specifications, and other data, filed by an applicant for a permit. Other departments of this jurisdiction may review the plans , ,.,'~ O~',..- ". . , . -~_..~ _,_oi)' 1317 ":,'1"0'\,', " "f 'it. .... ~) ',' ' , ,~f - ' ...'....,.. .( : C~..\ ' \ " \ I , I !\ ,.' , "f' U' ~ i I 1 . I , I : 1 I ; i I ~, i !'. ~"cf, ,OJF!, ','I:): 'M fii':J t~~ i:~' ,,'I '[~ (,- ...~ ,/ ' .' ,i' j .' .> , . :'.,'. . .r'I', .'."i ','.CO, 1 '., ~. . . :: .:,\~,...'.. '.: .i,'~~" ;~. f.:,: .'..",.,' ,'.,,;._,.,. U,.,",.,.,.,,__:..C Ordinance No. 94-3620 Page 17 to verify compliance with any applicable laws under their jurisdiction. When the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fees specified in Section 304 have been paid, the Building Official shall issue a permit to the applicant. When the Building Officiai issues a permit, the plans and specifications shall be endorsed in writing or stamped" APPROVED." Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work regulated by this code shall be done in accordance with the approved plans. The Building Official may issue a permit for the construction of part of an electrical system before the entire plans and specifications for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. However, the holders of such permits shall proceed at their own risk without assurance that the permit for the entire building, structure or building service will be granted. lb) Retention of Plans. One set of approved plans, specifications and computations shall be retained by the Building Official until final approval of the work is given. One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times while the work authorized thereby is in progress. lc) Validity of Permit. The issuance of a permit or the approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code, or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based upon plans, specifications and other data shall not prevent the Building Official from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder when in violation of these codes or of any other ordinances of this jurisdiction. 1311 'let 1r' , ,,' "i\'~,'" .....":0. ,,0 ,.~,~" "",' it:. \. " ..) . ' .. ,."1 I' ~~ fl "' . '~t: \'1' , '. . , . " .,'..' ~ .~., .' , . :.' ' _ '.. ..~,.~.,. ." ..:";.C,,,....':,H'.'" ........_..... .' _,. \:C:,.:':';,.,'-,:' Ordinance No. 94-3620 Page 18 ld) Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained, and the fee therefor shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. A permittee holding an unexpired permit may apply for an extension of the time within which work may be commenced under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Ie) Suspension or Revocation. The Building Official may in writing, suspend or revoke a permit " .\' (~:) 11 'I" ' I issued under the provisions of this code if the permit was issued in error or on the basis of incorrect information supplied. or in violation of any ordinance or regulation of the jurisdiction. Sec. 8-127. Insurance. Before any permit to perform electrical work may be issued, the applicant shall have on file with the Building Official a copy of a certificate of insurance stating the liability amounts of no less than three hundred thousand dollars ($300,000) property damage and five hundred thousand dollars ; i .. i , I ,I 1 ! r', 11 '~ \~;r '.'1 .'.1",'" ,.tl. , ,,, ", '1 ii.'l', ..- ($600,000) bodily injury. The City of Iowa City shall be named as additional insured. The policy shall also provide for at least ten (10) days notice by the insurer to the City of termination of the policy by the insured or insurer. Electrical permits issued under Section 8-126B of this ordinance shall be exempted from this insurance requirement. Sec. 8-128. Fees. ,;(C 0 ~___ '. ~_- vT~, <),",,",...::.." ..,:.~.:.'/ 0, ;\' "'. '. 1311 '\ ",;'T';"': '}5 \ ~ ...., ,Itl, ::-1~Jj'~ ..' " .\ (-. , , '\ \ ,...,... t-;';}-'~ , ' ~ , I , I , i ! : ~' ! I'j U.. 'j ".'1' ~~~, ~. .,: ' i:j '"' 11 G-' I 0 ' ' , ,I. _________ IJn f' "l t. " '" .J " '. .' . '~t; \' ','\ ',' ",,' ~ '. . ':.' . , . .'.: .:."'. ,..,:.,- ,.. .."........ . ',." ...: '.'" ~; . Ordinance No. 94-3620 Page 19 (a) Permit Fees. The fee for each electrical permit shall be as set forth by resolution of Council. (b) Investigation Fees: Work Without a Permit, 1. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit was issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. lc) Fee Refunds. 1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or coliected. 2. The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when an application for a permit for which a fee has been paid is withdrawn or canceled before any work has been done. The Building Official shali not authorize the refunding of any fee paid except upon written application filed by the original permittee within 180 days from the date of fee payment. Sec. 8-129. Inspections. la) General. All electrical systems and equipment for which a permit is required by this code shall be subject to inspection by the Building Official, and the electrical system shall remain accessible and exposed for inspection purposes until approved by the Building Official. It shall be the duty of the permit applicant to cause the electrical system to remain accessible and exposed for inspection purposes. Neither the Building Official nor the jurisdiction shall be Iieble for the expense of removing or replacing any material to permit inspection. When the installetion of en electrical system and equipment is complete, an additional and final inspection shall be made. Electricel ~:~~- ~ -, .l..'.~.;"":....,~' ...,.,..': . ,0 " :.'. .' '.', '- . ~. ,. f~Y ~ I o " , . " \'.:\ ~,'d. ~): '"'" , .\ (~\ '\ ( \; r~ I' , i- I I I : : , i 1 ! 1 ~. , I '~ , ' , ; I ! I . ~ " '1" "It.:"."" 'n, ;.\ ! ~ " ;\~ ~ ft", L_. ;,C~ ~ " ., .;", , '" . :'~t\ \" , 'I .~' ,'..' , "'.. . ...,."....,...... :: ".......,.,.,..,.,,- ".'....: :;1:;, Ordinance No. 94- 3620 Page 20 systems and equipment regulated by this code shall not be connected to the energy source until authorized by the Building Official. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. (b) Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Building Official. It shall be the duty of the person requesting inspections required by this code to provide access to and means for inspection of such work. (cl Operation of Electrical Equipment. The requirements of this section shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been filed with the Building Official not more than 48 hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building. (dl Other Inspections. In addition to the called inspections required by this code, the Building Official may make or require other inspections of any work to ascertain compliance with the provisions of this code and other laws which are enforced by the code enforcement agency. (e) Reinspections. A reinspection fee may be assessed for eech inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspections. Reinspection fees may be assessed when the approved plans are not reedily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. - "11I0'- nr - .. ,:,)::",:\{ 0, ,,' "" ~ .".' , ".. . 1'1' " I !) " 13/7 ,. , ~, ",." "I"~",' I : . It. \' 0 .l ~) " /, '., .' -,.,'--. Of. mffi . i ,. ," :r~ i c-.\ \, 1\ i.~r>;~ ! ' ! , i ~, I I , I ( I , I , , I ~. , I~' ! j. i l ' , , 1 ,~ ",,'~,'~I',','" '~l' . 'i I fir',.' ., ... j -" (- :, 0 '.' . - 1'1' " ",'," '"""h\'j,, . ., ,. ,... ~ . "..: " 1 .~"/ . ... . . .' , , .' '. . . . ..d... ....:.... L,,,.' ....._.~.. .'",'.."'" ~_~.... . ... ,. ,,__~, ._. ..' _ .::' ~. ._~, ,,:' .' ..'.'..'~.:. .~. ;:..,:.: ;..: '.1: .." :~~'... '..:.... ..::: ~'''.~ ,:. : ..:'; . ". ....." , ,,' _ .:.; ." ,':...:.;...;, ".:' ~.:.2 .: .,\ - Ordinance No. 94-3620 Page 21 To obtain a reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose, and pay the reinspection fee as set by resolution of Council. When reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. Sec. 8,130. Connection Approval. lal Energy Connections. An electrical system or equipment reg.ulated by this code for which a permit is required shall not be connected to a source of energy or power until approved by the Building Official. (b) Temporary Connections. The Building Official may authorize the temporary connection of the electrical system or equipment to the source of energy or power for the purpose of testing the equipment, or for use under a temporary Certificate of Occupancy. Sec. 8-131-160 reserved. SECTION 6. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 7. 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 8. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 24th day of May, 1994, ifJtA tU )h .<ifn~nv~ YOR ATTESTkflrJ 'J{(j)alAfl , ~ -CITY CLERK ' ' I' I. , ,.' " , . , . Approved as to Form '., I. , ~~. Legal Deifi rtment 1~1 , hlsblg\oloCI193.0fd JJn .., ""~'''',"l' . 11 i,<." ' ),..,.,',..,':.0,..".,""..,. o \ ',/i '" '... ,,','" . . \, ld~, .. r ,--- ;'~'\ 1 "..'.";,."..~.':. ...~.:\";."..,'C:.:.'.j:"l~:..'\,..:. p:. ~..) ~\."" '.,.,~, '., .1""-, '., ., . '.,". ; ~ ' . "'.~h' ': ~ .c -.:",.,\1,: . . .' ~ ~' ,:' ~'.', . , . ' .1 ~ " -", ....~ ,.. , . '. . --'''''' -..! --. ~ ~..' , ..~ ~ ':.' >." ,".' , ' ., , . . . . ..-+--" A;'~""'uJ:" ,..::_;;.;.:.'.l,;;:.:,'.j.:.:::':;;;'~::, ,,:,,:::',:,';';;: ~:~:~;,:'.>'J,~:.'.'"", t..:>.':.'.,;...:,~_ i I II i i 1[") ;\c.:%' , 'r: {C'_~,_ , Ordinance No. 94-3620 Page 1.? _ It was moved by 'l'h""ern",.tnn and seconded by as read be adopted, and upon roll call1here were: Kubbv that the Ordinance AYES; NAYS; ABSENT: 11 X X X X X Saker Horowitz Kubby Lehman Novick Pigott Throgmorton 11 First Consideration r; 110 194 Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick, NAYS: None. ABRENT: None, , Second Consideration Vote for passage: ,I Date published 1i/1/9" . . Moved by Throgmorton, seconded by Pigott, that the rule requiring ordinances to considered and voted on for passage at the Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick. NAYS: 'None. ABSENT: None. ,I. , ~ 1311 ,I - ,,',:.0. ' ,\~,),\;y:,.-.;;.,,,;.\,.,...,,,,,,,.:'i' ;"Y':"":r,_\,,':'n,~~':';'1' D fJ 'j 5 \'U'~'\, .., ,', . !,,,.,..' ~ . ..~_. ,.,' ,,' . ('\. ~~~!(, I' .....c-......~ J " (-', 1. "'~r'.' ,,: I \ l,','.,' " !' / I ' ' " ' 'I ,I I ! I I . :~. , II' I " J I i,l" I ~ ,...:;..' ", -"'\~, 1). ';(:-0 .' l"'l' ,"' , , ,'~r;,\'v. ", .. .~, , '...,. '., . "...",',:.. .';,1, ,.,;.":,','.. . ...., _.,_"~,_",,~,,~..,_,,,,-'..,,'.'.~"_'. ,..;::':,,:;' ;::..;;:E,;!., 'i;':':'::,:":';""..~.. ~~;:'.'. '<.. ,_. Ordinance No. Page 11 icensed plumber, one member qualified by experience and training to pass upon matters pertaining to echanical design, construction and maintenance, one representative from the Iowa City i Home uilders Association, and at least one building design professional. All ozther ~mbers shall be qualifl d by experience and training to pass upon matters pertaining to build' g construction and interpretatio s of the Building Official. If any electrician on the Board of ppeals is involved in an e Board, the other members of the Board shal~ point an alternate qualified electrician who is qualified elector of the City of Iowa City to Itin his or her stead. The Building Official shall be an e officio member of, and shall act as ecretary to the Board. The members of the Board of Appeals hall be appointed by the City ouncil and shall hold office at its pleasure. B. Limitations of Authority, e Board of Appeals s II have no authority to waive requirements of this Code. Sec. B-113. Violations It shall be unlawful for any person, fir or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or dem Ii h, equip, use or maintain an electrical system or equipment Sec. 8-114. Licenses. A. No person shall plan for, y out, supervise, 0 erform electrical work, within Iowa City, with or without compensation nless the person holds a aster electrician's license issued by the City. B. No person shall w rk as a journeyman electrician within the City unless the person holds a journeyman elec rician's license issued by the City. C. No person sh II knowingly employ or permit an unlicensed erson to perform electrical work within Iowa City f the work is required by this Code to be perform by a licensed electrician. D. all be a properly licensed electrician present at all location and at all times where electrical wor. is being performed. At least one licensed electrician shall e present for every three prentices or laborers. Such licensed electrician must be an employee The provisions of this section shall not apply to: ".. . ~ ... . ,1.",_" ~,~.,_.~.,'._... n... \~'1 - "m -1t - ,_. .. ," "," ',,' ", " ""...,, J.,..,',..,...,.........,.,......., , . ' ': "".':'-'..;~';',,'.,t. .'.', ';' ,;,' . ' 0,,:..( " " , ; ,; . .~: ,", " 'T',;',....,-',."" ':l5', .~, 0;, ". '