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HomeMy WebLinkAbout1989-08-22 Ordinance171 ORDINANCE NO AN ORDINANCE TO AMEND THE ZONING ORDINANCE TO PERMIT AN INCREASE IN BUILDING HEIGHT AND FLOOR AREA RATIO IN THE COMMERCIAL OFFICE, CO.1, ZONE. WHEREAS, buildings in the CO -1 zone are not permitted to exceed 25 feet In height nor a floor area ratio (FAR) of one (1); and WHEREAS, this height limitation and FAR were Intended to assure that In those Instances where commercial office uses were located next to residential areas, the scale of the build- ings In the CO -1 zone would be compatible with the scale of residential buildings; and WHEREAS, the City Council has determined that it is In the interest of the community to permit buildings taller than 25 feet In the CO -1 zones to foster higher Intensity office develop- ments In areas that are not adjacent to low density residential zones. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 36, 'Zoning Ordinance" of the Code of Ordinances of the City of Iowa City, Iowa, Is hereby amended by adding thereto the following section: Section 36.17(g)(3). Buildings on lots that are across the street from RM, C or I Zones may be Increased In height according to the provisions of Section 36.70(b) except than an additional from yard setback need not be provided. (The additional side and rear yard setbacks shall appy.) However, the minimum separation between the building and the from lot line of the lot across the street shall be two (2) feel for each one (1) foot of height. In addition, the floor area ratio (FAR) may be Increased to three (3). SECTION II. REPEALER: All ordinances and parts of ordinan. ces in conflict with the provisions of this ordinance are hereby repealed. SECTION III. SEVERABILITY; If any section, provision or part of the Ordinance shall be adjudged to be Invalid or unconstku. floral, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE: This Ordinance shall be In effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR ATTEST: CITY CLERK 6:(r edest ,nn Legal Department /T/0 City of Iowa City MEMORANDUM Date: August 18, 1989 To: City 4Fon From: Don Director, Department of Planning & Program Development Re: Heighs The Mercy Hospital has presented the staff with plans for construction of a four-story office building and a four-story parking ramp on Centre Market Square south of Mercy Hospital. The property is located in a CO -1 Zone which permits a maximum building height of 25 feet, an insufficient height for the buildings proposed. Alternative to rezoning the property to a zone with a greater height allowance, the staff Is presenting you proposed amendments to the Zoning Ordinance that would allow taller buildings in a CO -1 Zone which meet certain conditions. A discussion of these proposed amendments follows. Section 36.70(b) of the Zoning Ordinance allows buildings in any zone to exceed the maximum height requirement of the zone provided that for each one (1) foot of height above the height limitation, there is provided an additional two (2) feet of front, side and rear yard setbacks. The subject proposed ordinance would allow buildings in the CO -1 Zone to exceed the 25 foot maximum height requirement according to the provisions of Section 36-70(b), without having to provide an additional front yard setback. However, this allowance is permitted only In Instances where a building is located on a lot across the street from an RM, C, or I zone. Furthermore, a separation of at least two (2) feet for each one (1) foot of height must be provided between the building and the front lot line of the lot across the street. This proposed amendment makes allowance for the permanent open space of the street right- of-way and the 20 feet required for the front yard. For example, the streets surrounding Centre Market Square are either 80 feet of 100 feet in width. With an 80 -foot width right-of-way and an additional 20 feet required for the building's front yard or 100 feet total, a building 50 feet high could be constructed. For a building to be constructed any higher than this, an additional two (2) feel of front yard setback for every one (1) foot of height over 50 feet would have to be provided, The proposed ordinance does not allow for Increases in height for buildings located across the street from single-family residential zones, again except as provided in Section 36-70(b). this limitation will permit the CO -1 zone to be used as a transitional zone to single-family residential use by keeping buildings In the CO -1 Zone at the same scale as the residences. The proposed ordinance also permits an Increase in the floor area ration (FAR), the total floor area to land area, to be Increased from one (1) to three (3), This Is equivalent to saying a three-story building could cover the entire lot or a six -story building could cover half the lot, Of course, the required yards pre-empt.a building from covering the entire lot. A gross estimation of the total floor area being proposed for Centre Market Square Is 235,650 square feet. The area of the block is 102,400 square feet. The floor area ratio proposed is 2.30 (235,650 + 102,400). The only other amendment being proposed Is in Section 3.687, rules of construction for bound- aries of zones. Presently, this section stipulates that 'the boundaries of zones are the center- lines of either streets or alleys unless (as) otherwise shown (on the Zoning Map).." The Zoning Map is specific as to the location of zone boundaries vis a vis streets and alleys. However, by observation of the Zoning Map, it is obvious that the lines were drawn by the cartographer with no particular rationale. This is so, because public streets and alleys are assumed to be essentially "unzoned" This amendment simply clarifies what was intended by the Zoning Ordinance in the first place. tp4-9 .ew" Ga.e2 ello' i i i .ew" Ga.e2 ello' i II i I j� I Fir Lor Liv, i i ORDINANCE NO. AN ORDINANCE TO AMEND THE ZONING ORDINANCE TO CLARIFY THE RULES OF CONSTRUCTION FOR BOUNDARIES OF ZONES. WHEREAS, the present Zoning Ordinance states that where uncertainty exists as to the locations of zone boundaries shown on the zoning map, the boundaries of zones along streets shall be at the center line of streets; and WHEREAS, it was the Intent of the ordinance that the zone boundaries along streets would In all cases fall along the center line of the streets. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 36, 'Zoning Ordinance' of the Code of Ordinances of the City of Iowa City, Iowa, Is hereby amended by deleting Section 36$7(x) and Inserting In lieu thereof: Section 36A7(a). The boundaries of various zones shall be as shown on the zoning map accompanying and made a part W this Chapter, except as otherwise Indicated In the following rules: (1) Where the boundaries of the zones are along streets and alleys, they shall be construed to be along the center lines of such streets and alleys. (2) Where the boundaries of the zones are not otherwise Indicated, and where the property has been or may hereafter be divided Into blocks and lots, the bound- ades of the zones shall be construed to be the lot lines and where the zones designated on the zoning map accompanying and made a part of this Chapter are bounded approximately by lot lines, the lot lines shall be construed to be the boundaries of the zones unless the boundaries are otherwise Indicated on the map. (3) In separate tracts not subdivided and In unsubdivided property, the zoning boundary tines on the map accompanying and made a part of this Chapter shall be determined by use of the scale appearing on the map. SECTION Il. REPEALER: All ordinances and parts of ordinan- ces In confict with the provisions of this ordinance are hereby repealed. SECTION III. SEVERABILITY: it any section, provision or part of the Ordinance shall be adjudged to be Invalid or unconsthu- lional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE: This Ordinance shall be In effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR ATTEST: CITY CLERK 4Aprd s,rm . Legal Department ,/ TIS ORDINANCE NO. 89-3429 AN ORDINANCE TO AMEND CHAPTER 36, THE ZONING ORDINANCE, BY AMENDING SECTION 36.4(c) AND 36- 23(b) TO DEFINE CONSIGNMENT STORES AND TO PERMIT THEM IN THE COMMERCIAL INTENSIVE ZONE. WHEREAS, consignment stores share the characteristics of other uses In the CI -J, Commercial Intensive Zone, particularly the need for storage space; and WHEREAS, consignment stores will be compatible with the uses currently allowed In the CIA zone; and WHEREAS, consignment stores are not currently defined in the Zoning Ordinance and a definition of such stores is necessary. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. AMENDMENT. That Section 36-4(c) is amended by adding the following: (9.1) Consignment Store. A retail establishment engaged In selling used merchandise such as clothing, furniture, books, shoes, or household appliances on consignment. In association with such stores, merchandise is brought to the establishment and processed by being marked, cleaned, sorted, and stored as a major part of the principal use. Such stores do not Include those selling vehicles, auto parts, scrap, or waste. SECTION IL ' AMENDMENT... That Section 36.23(b) be amended by adding the following: (5J) Consignment stores, SECTION III. REPEALER. All ordinances and parts of ordinances In conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall beadjudged 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 V. EFFECTIVE DATE: This Ordinance shall be In effect after its final passage, approval and publication as required by law. Passed and approved this 22nd day of August, 19 9. YOR ATTEST: CITY CLERK M Approved as to Form "y�� 1 gal Depenmem '�r-:?-'f I, I'I i I .I II i It was moved by Balmer and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll Call there were: AYES: NAYS: ABSENT: Second Consideration 8/8/89 Vote for passage: Ayes: Kubby, Larson, McDonald, Ambrisco, Balmer, Courtney. Nays: None. Absent: Horowitz. Date published 8/30/89 Moved by Larson, seconded by Balmer, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meting at this it is to be finally passed be -suspended, the first consideration be waived and the ordinance be given second consideration at this time. Ayes: Courtney, Kubby, Larson, McDonald, Ambrisco, Balmer. Nays: None. Absent: Horowitz.