HomeMy WebLinkAbout1989-10-03 OrdinanceORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE
BY CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY LOCATED AT 615 E. JEFFERSON STREET
FROM RNC -20 TO CO -1.
WHEREAS, the property described below
abuts property zoned CO -1, and which is
used as a medical clinic; and
WHEREAS, the CO -1 zoning designation is
consistent with the land use policies for
the property as set forth in the 1989
Update of the Iowa City Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I ZONING AMENDMENT, That the
property described below is hereby
reclassified from its present
classification of RNC -20 to CO -1:
The West 1/2 of Lot 2, in Block 25, in
Iowa City, Johnson County, Iowa,
according to the plat thereof recorded
in Book 1, Page 116, Plat Records of
Johnson County, Iowa.
SECTION II. ZONING MAP, The Building
Inspector is hereby authorized and directed
to changethezoning map of the City of
Iowa' City, Iowa, to conform to this
amendment upon final passage, approval and
publication of this Ordinance as provided
by l aw.
SECTION III, CERTIFICATION AND RECORDING.
The City Clerk :is hereby authorized and
directedto certify a copy of this
rt Ordinance which shall be recorded at the
Office of the County Recorder of Johnson
County, Iowa.
SECTION IV. REPEALER
All ordinances and
i parts.of ordinances in conflict with the
provisions: of this Ordinance are hereby
repealed.
HCTION V. SEVERABILITY: If any section,
beovisadjudgedion or parttoof the Ordinanceinvalid shoo:
unconstitutional, such adjudication shall
not affect the validity of the Ordinance
as a whole, or any section, provision or
1 part thereof not adjudged invalid or
unconstitutional.
SECTION VI FFErTIVE DATE: This
Ordinance shall be in effect after its
final passage, approval and publication as
required by law.
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Ordinance No.
Page 2
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
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Ordinance No.
Page 2
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
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STAFF REPORT
To: Planning & Zoning Commission
Item: Z-8909. 615 E. Jefferson Street
GENERAL INFORMATION:
Applicant:
Requested action:
Purpose:
Location:
Size: -
Existing land use and zoning:
Surrounding land use and zoning:
Prepared by: Monica Moen
Date: August 17, 1989
City of Iowa City, Iowa
Contact: Monica Moen
Phone: 356-5247
Rezoning from RNC -20 to CO -1.
To make the zoning classification
of this parcel consistent with the
1989 Comprehensive Plan Update land
use designation for this property.
615 East Jefferson Street -
immediately _east of the existing
Pediatric Associates facility.
40 x 150; 6,000 square feet.
Undeveloped; RNC -20.
North - Single-family residential
and multi -family residen-
tial; RM -12.
East - Multi -family residential;
RNC -20.
South - Single-family residential
and multi -family residen-
tial; RNC -20.
West - Clinic; CO -1.
Comprehensive Plan: Office Commercial.
File date: July 27, 1989.
45 -day limitation period: September 11, 1989.
ANALYSIS:
In January, 1988, First National Bank owned the property at 615 East Jefferson
Street and requested to rezone the property from the RNC -20, Neighborhood j
Conservation Residential Zone to the CO -1, Commercial Office Zone to allow
redevelopment of the property for additional off-street parking for Pediatric
Associates, the medical clinic located immediately west of the subject property.
Because a medical clinic is not a use permitted in the RNC -20 zone, a parking
lot serving this use may not be located in that zone. It was, therefore,
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necessary to rezone the parcel from RNC -20 to CO -1 to enable expansion of the
j parking area serving the medical clinic onto the 615 East Jefferson Street site.
In April, 1989, the City Council denied the request to rezone the property to
CO -1 citing the inconsistency of the rezoning request with the land use policies
for the area established in the City's 1983 Comprehensive Plan Update. The 1989
Comprehensive Plan Update, however, amends the land use policies for the area
by extending the commercial office designation on the south side of Jefferson
Street one lot east to incorporate the vacant lot at 615 East Jefferson Street.
The purpose of this land use change is to allow limited office expansion on
Jefferson Street in response to "...an apparent need for medical offices in
proximity to Mercy Hospital." The City is initiating the rezoning of the
property at 615 East Jefferson Street from RNC -20 to CO -1 in conformance with
the recent land use policy change for this parcel.
STAFF RECOMMENDATION:
Staff recommends that the property located at 615 East Jefferson Street be
rezoned from RNC -20 to CO -1.
ATTACHMENTS:
�. 1. Location map,
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�. 1. Location map,
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The west half of Lot 2, in Block 25, in Iowa City, Johnson
County, Iowa, according to the plat thereof recorded in Book
1, Page 116, Plat Records of Johnson County, Iowa.
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AUG 09 1989
P.P.D• DEPARTMENT
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PEDIATRIC ASSOCIATES OF IOWA CITY
000 EAST JEFFERSON
IOWA CITY, IOWA E224E
TELEPHONE (319) 001.1440
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PETER D. WALLACE. M.D., F.A.A.P,
_ THOMAS G. ROSENBERGER. M.D., FA.A,P.
STANLEY A. HACKeARTH, M.D., F.A.A.P.
MARY S. LAREW, M.D., F.A.A.P.
j ANDREW N. MCCOWN, M.D., F.A.A.P.
RCCEIVCD
-I 8 September 1989 SEP 1 1 1989
Monica Moen P.P.D. DEPARTMENT
Planning and Zoning
City of Iowa City
Iowa City, Iowa 52244
Dear Monica,
_
The affirmative. vote last night ofthePlanning_and-Zoning Commdssionon
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the petition relative to 605 E. Jefferson zoning. change has prompted us
to ask the.City Council for expedited consideration of this change:
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' Since this is acity-initiated zoning change, and passed the Commission
overwhelmingly, we feel that an expedited considerationis not unreason -
I able,and quickconsideration would allow us to Proceed with construction
of a parking lot Prior to winter.
Thank vau.
14 ap,
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ORDINANCE NO
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY IN NORTHWEST IOWA CIN GENERALLY
LOCATED NORTHEAST OF U.S. HIGHWAY 218 AND WEST
j OF CAMP CARDINAL ROAD FROM ID -ORP TO ID -RS.
WHEREAS, portions of the area described below are
Presently zoned ID -ORP, Interim Development - Office and
Research Park; and
WHEREAS, topographical charaaedstics distinguish the
area described below from properties also zoned ID -ORP and
located Immediately south of the subject area; and
WHEREAS, these topographic distinctions are Important In
terms Of the ability to provide municipal sewer service to the
disparate parts, and also In their ability to buffer Office and
Research Park uses from Single-family Residential uses; and
WHEREAS, the subject area Is more appropriate' for
residential uses,rather than office and research park uses; and
WHEREAS, the ID -RS, Interim Development - Single-family
Residential zoning designation is appropriate for the subject
area, and Is consistent with the land use policies for the total
area described below, as set forth In the 1989 Update of the
Iowa City Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CIN OF IOWA CITY, IOWA:
SECTION 1.ZONING AMENDMENT, That based on these
considerations, the emlre area described below, portions of
which are presently zoned ID -ORP; are classified ID -RS:
-: - -.-
That part of Section 1, Township 79 North, Range 7 -
West; and that part of Section 36, Township 80 North,
Range 7, West lying within the existing Iowa City City
limits. -
SECTION ll. ZONING MAP, The Building Inspector is hereby
authorized end directed to change the zoning map of the City
Of Iowa CIry, Iowa, to conform to this amendment upon final
passage, approval and publication of this ordinance as
provided bylaw.
SECTION IIL rebCERTIFICATION AND RECORDING. The Cly
Clerk Is hey authorlzed and directed to cortlly a copy of
this ordinance which shall be recorded at the Office Of the
county Recorder of Johnson County, Iowa.
SECTION N. REPEALER:' All ordinances and parts of
ordinances In conflict hh the All
of this Ordinance are
hereby repealed.
SECTION V. SEVERABILITY; If any section, provision or pan
Of the -Ordinance. shell 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
ansa aner
its final passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Appmed a9 to Fant
\ Lega�Partrmen�l
9- 17- 1y /6 94
STAFF REPORT
ning & Zoning Commission Prepared by: Monica Moen
8911. Deer Creek Rezoning Date: August 17, 1989
NFORMATION:
action:
and use and zoning:
g land use and zoning:
ve Plan:
City of Iowa City, Iowa
Contact: Monica Moen
Phone: 356-5247
Rezoning from ID -ORP to ID -RS.
To make the zoning classification
of this area consistent with the
1989 Comprehensive Plan Update land
use designation for this property.
Northwest Iowa City, generally -
northeast of U.S. Highway 218 and
west of Camp Cardinal Road.
Westerly Parcel: `' 5.8 acres;
Easterly Parcel: 25.4 acres.
Undeveloped; ID -ORP.
North - Undeveloped and agricul-
tural; ID -RS:
East - Undeveloped and agricultural;
ID -RS.
South - Undeveloped and agricul-
tural; ID -ORP.
West - Undeveloped and agricultural;
ID -ORP and County zoning.
Residential: 2-8 dwelling units
per acre; Phase III development -
beyond 2010.
riie aate: July 27, 1989.
45 -day limitation period: September 11, 1989.
ANALYSIS:
The 1978 Comprehensive Pian envisioned land in the northwest part of the city
developing for residential uses at a low density of one dwelling unit per acre.
This area was not included in the development sequence of either the 1978
Comprehensive Plan or the 1983 Comprehensive Plan since the area could not be
provided with sanitary sewer service except at considerable expense. For that
reason, deannexation of the western part of that area was also contemplated.
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The Northwest Area is, however, included in the development sequence of the 1989
Comprehensive Plan Update due to Iowa City's interest in a proposed office,
research and development park in this quadrant of the community. Completion of
U.S. Highway 218 has increased the Northwest Area's development potential for
office research or research and development uses by providing visibility for the
area from a major thoroughfare and by providing convenient access to the
interstate highway system.
The Northwest Area is largely zoned either Interim Development - Office Research
Park (ID -ORP) or Interim Development - Single -Family Residential (ID -RS) at this
time. Interim Development Zoning is intended to provide for areas of managed
growth in which agricultural and other non -urban uses of land may continue until
such time as the City is able to provide municipal services to support urban
development.
The current sawtoothed boundary between the ID -ORP zone and the ID -RS zone north
of the ID -ORP zone and west of Camp Cardinal Road reflects property ownership
lines. The northerly projections of the ID -ORP zone, however, slope northerly
while the remainder of the ID -ORP area slopes southerly. This topographical
distinction is important in terms of providing municipal sewer service to the
two areas and in terms of buffering different land uses.
Of the approximately 1,100 acres in the Northwest Area bounded by the corporate
limits on the north and west, by Melrose Avenue on the south and by University
of Iowa property on the east, none are presently serviced by existing sewer
lines. Trunk lines extended into this area will probably utilize the Hawkeye
lift station, located west of Mormon Trek Boulevard. To sewer the portion of
the area which slopes to the north, however, would either require the use of a
lift station to pump the sewage over the ridge to a trunk line serving the
southerly area or require the extension of two separate trunk lines to service
the area by gravity flow through the Hawkeye lift station. Either of these
options would increase the development cost of an office and research park
without significantly increasing ORP development opportunities. The 1989
Comprehensive Plan Update, therefore, recommends that the northerly projections
of the ID -ORP zone be rezoned to ID -RS to be developed at such time as municipal
services are extended to serve the surrounding ID -RS zoned tracts.
The ridge line currently distinguishing the northernmost part of the ID -ORP area
from the southern part could also serve as a topographical distinction between
contrasting land uses. The 1989 Comprehensive Plan Update suggests that this
ridge could effectively separate the commercially -oriented activities of an
office research and development center from residential uses to the north and
recommends an extension of the residential land use classification to the south
to more closely coincide with the location of the ridge line. The City is,
therefore, initiating the rezoning of portions of the Northwest Area, as
illustrated on the attached map, from ID -ORP to ID -RS in conformance with the
land use policy for this area.
STAFF RECOMMENDATION:
Staff recommends that portions of the Northwest Area identified on the attached
map be rezoned from ID -ORP to ID -RS.
14940
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Approved by:
� D nald Schmeiser, Director
Department of Planning and
Program Development
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ORDINANCE NO,
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY GENERALLY LOCATED EAST OF OLD DUBUQUE
STREET (OLD HIGHWAY 218), SOUTH OF VENTURA
AVENUE AND NORTH OF BJAYSVILLE LANE FROM PDH -12
TO RS -5.
WHEREAS, the Comprehensive Plan for the City of Iowa
City shows Residential land uses at a density of 2-8 dwelling
units per acre in the area containing the subject property; and
WHEREAS, the property described below Is presently zoned
PDH -12 a Planned Development Overlay Zone; and
WHEREAS, the Planned Development overlay (OPDH) Zone
permits flexibility In the use and design of structures and land
where Conventional development may be Inappropriate, and
where modifications of requirements of the underlying zone will
not be Contrary to the Indent and purpose of the Zoning
Ordinance; will not be InronsIstent with the Comprehensive
Plan; and will not be harmful to the neighborhood In which
they are located; and
WHEREAS, the subject property Is Characterized by gently
sloping meadowland, StOsPlY sloped woodland and flat
wetland; and
WHEREAS, due to the physical characteristics of the subject
property, the she Is regarded as an environmentally sensitive
area, and any residential development will Impact on these
sensitive areas; and
WHEREAS, it Is the policy of the City of Iowa City 10
preserve and protect environmentally sensitive areas; and
WHEREAS, the applicant has applied to rezone the
CI8v8I0Pm0rr1 land from the PDH -12, Planned Development
Housing Overlay Zone to the RS -5, Low Density Single -Family
Residential Zone; and
WHEREAS, it Is In the public Interest to preserve and
protect the environmentally sensitive attributes of the subject
property, and limiting the number of lots on this property is
appropriate; and
WHEREAS, low density slngle-famly residential uses are the
most appropriate use for this area,
and the applicant has
agreed to take measures to mitigate against degradation of
this topographically sensitive area, and acknowledges one
such measure is to Ilmh the number of lots to no more than
sixteen (16) lots, 10 be used solely for single-family residential
uses, In accordance with the terms and Conditions of a
Conditional Zoning Agree&nt, a ropy of which Is attached
hereto,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
SECTION I. ZONING AMENDMENT. Subject to the terms and
contlitl0
5 of the
Conditional Zoning Agreement, the property
described below Is hereby reclassified from its present
classification of PDH -12 to RS -5:
Beginning at the Southeast Comer of Lot 9 of
Yocum Subdivision, & Part of the North Hall of the
Northeast and Nonhwest fractional Quarters of the
7 Northwest Quarter Of Section 3, Township 79 North,
Flange 6 West of the Slit Principal Meridian, In
accordance with the Recorded Plat thereof; Thence
S03*51'00"E, 841-50 feet; Thence N86.56'17W, 342.19
feet: Thence S56.35'00 -W, 91-72 fast to a Point on the
Northeasterly. Alghl-of-Way Una of North Dubuque
Street; Thence N34.2436W, along sold Northeasterly
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Approved as to Form
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Ordinance No.
Page 2
Right -of -Way Line, 67.05 feet, to a Point which Is 95.00
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feet normally distant Northeasterly of the Centedlne of
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said Street; Thence S89°25'04'E, 30.48 feet; to the
Southwest Comer of said Fractional Northeast Quarter
of the Northwest Quarter of Section 3; Thence
NO2.41'38'W, 199.23 feet; Thence N02120'33W, 121.23
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feet; Thence NO3°08'47W, 493.70 feet to the South
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Una of Yocum Subdivision; Thence S89.40'00'E,
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144.40 feet on the South Line of Yocum Subdivision;
Thence N69.01'00'E, 266.23 feet to the Point of
Beginning. Said tract of land contains 7.966 acres.
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SECTION It. ZONING MAP. The Building Inspector Is hereby
authorized and directed 10 change the Zoning Map of the City
of Iowa, City, Iowa, to conform to this amendment upon final
passage, approval and publication of this ordinance as
provided by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The
Mayor Is hereby authorized and directed to sign, and the City
Clerk to attest, the Conditional Zoning Agreement.
SECTION IV. REPEALER. All ordinances and parts of
ordinances In conflict with the provisions of this Ordinance are
hereby repeated.
SECTION V. 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
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._... .. of the Ordinance as a whole or any section, provision or pan „
thereof not adjudged Invalid or unconstitutional.
- SECTION V. EFFECTIVE DATE. This Ordinance shall be in
effect after he finalpassage, approval and publication as
required by law.. - -
Passed and approved this
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. MAYOR
ATTEST:
- CITY CLERK
Approved as to Form
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Legal Department I
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CONDITIONAL ZONING AGREEMENT
THIS CONDITIONAL ZONING AGREEMENT is made this � day of October, 1989,
by and between DELTA CONSTRUCTION CO., an Iowa Corporation (hereinafter referred to as
"Applicant") and the CITY OF IOWA CITY, a Municipal Corporation (hereinafter referred to as
"City");
RECITALS
WHEREAS, Delta Construction Co. is the owner of the following described real estate E
located in Johnson County, Iowa:
Beginning at the Southeast Corner of Lot 9 of Yocum Subdivision, a part of the
North Half of the Northeast and Northwest fractional Quarters of the Northwest
Quarter of Section 3, Township 79 North, Range 6 West of the 5th Principal
Meridian. In accordance with the Recorded Plat thereof; Thence S03.51'0011E,
841.50 feet; Thence N86.56171W, 337.23 feet; Thence S56.35'00"W, 95.66 feet
to a Point on the Northeasterly Right -of -Way Line of North Dubuque Street;
Thence N34"24'36"W, along said Northeasterly Right -of -Way Line, 70.00 feet, to
a Point which is 95.00 feet normally distant Northeasterly of the Centerline of
said Street; Thence S89.25'04"E, 30.48 feet; to the Southwest Corner of said
Fractional Northeast Quarter of the Northwest Quarter of Section 3; Thence
NO2.41'38"W, 199.23 feet; Thence NO2.20'33"W, 121.23 feet; Thence
NO3.08'47"W, 493.70 feet to the South Line of Yocum Subdivision; Thence
S89.40'00"E, 144.40 feet on the South line of Yocum Subdivision; Thence
N89"01'00"E, 266.23 feet to the Point of Beginning. Said tract of land contains
7.9666 acres, more or less and is subject to easements and restrictions of
record.
WHEREAS, the above described property is currently zoned PDH -12, a Planned
Development Overlay Zone; and the Applicant now desires that this property be rezoned RS -
5, Low Density Single -Family Residential Zone; and
WHEREAS, Low Density Single -Family Residential use is consistent with the City's desire
to preserve and protect the environmentally sensitive attributes of the subject property.
NOW, THEREFORE, in mutual consideration of the promises herein, the Parties agree
as follows:
1. The above described property is currently zoned PDH -12, a Planned Develop-
ment Overlay Zone, and the Applicant as owner of the property now requests the City rezone
the property to RS -5, a low density, single-family residential zone.
2. City and Applicant acknowledge that the RS -5 zone for low density, single-family
residential use is consistent with the surrounding area, and is appropriate for the subject
property.
3. Parties agree the subject property is steeply sloped woodland and flat wetland,
and is thereby regarded as an environmentally sensitive area as defined in the City's
Comprehensive Plan.
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CONDITIONAL ZONING AGREEMENT
THIS CONDITIONAL ZONING AGREEMENT is made this � day of October, 1989,
by and between DELTA CONSTRUCTION CO., an Iowa Corporation (hereinafter referred to as
"Applicant") and the CITY OF IOWA CITY, a Municipal Corporation (hereinafter referred to as
"City");
RECITALS
WHEREAS, Delta Construction Co. is the owner of the following described real estate E
located in Johnson County, Iowa:
Beginning at the Southeast Corner of Lot 9 of Yocum Subdivision, a part of the
North Half of the Northeast and Northwest fractional Quarters of the Northwest
Quarter of Section 3, Township 79 North, Range 6 West of the 5th Principal
Meridian. In accordance with the Recorded Plat thereof; Thence S03.51'0011E,
841.50 feet; Thence N86.56171W, 337.23 feet; Thence S56.35'00"W, 95.66 feet
to a Point on the Northeasterly Right -of -Way Line of North Dubuque Street;
Thence N34"24'36"W, along said Northeasterly Right -of -Way Line, 70.00 feet, to
a Point which is 95.00 feet normally distant Northeasterly of the Centerline of
said Street; Thence S89.25'04"E, 30.48 feet; to the Southwest Corner of said
Fractional Northeast Quarter of the Northwest Quarter of Section 3; Thence
NO2.41'38"W, 199.23 feet; Thence NO2.20'33"W, 121.23 feet; Thence
NO3.08'47"W, 493.70 feet to the South Line of Yocum Subdivision; Thence
S89.40'00"E, 144.40 feet on the South line of Yocum Subdivision; Thence
N89"01'00"E, 266.23 feet to the Point of Beginning. Said tract of land contains
7.9666 acres, more or less and is subject to easements and restrictions of
record.
WHEREAS, the above described property is currently zoned PDH -12, a Planned
Development Overlay Zone; and the Applicant now desires that this property be rezoned RS -
5, Low Density Single -Family Residential Zone; and
WHEREAS, Low Density Single -Family Residential use is consistent with the City's desire
to preserve and protect the environmentally sensitive attributes of the subject property.
NOW, THEREFORE, in mutual consideration of the promises herein, the Parties agree
as follows:
1. The above described property is currently zoned PDH -12, a Planned Develop-
ment Overlay Zone, and the Applicant as owner of the property now requests the City rezone
the property to RS -5, a low density, single-family residential zone.
2. City and Applicant acknowledge that the RS -5 zone for low density, single-family
residential use is consistent with the surrounding area, and is appropriate for the subject
property.
3. Parties agree the subject property is steeply sloped woodland and flat wetland,
and is thereby regarded as an environmentally sensitive area as defined in the City's
Comprehensive Plan.
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4. Parties acknowledge the City's policy is to preserve and protect environmentally
sensitive areas; that such policy is reasonable; and that the City may properly protect against
adverse impacts which residential development may have on these areas.
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5. Parties agree it is in the public interest to protect the public needs, and to
preserve and protect environmentally sensitive attributes of the above property; and that limiting
the number of lots on this property is an appropriate and reasonable condition, as provided
by law, §414.5, Iowa Code (1989).
6. Applicant acknowledges and agrees that in the event the subject property is
divided, split or subdivided, that the number of lots on this property shall be no more than six-
teen (16) lots, which will be used solely for single-family residences without any further or later
subdivision, resubdivision or lot splits to occur.
7. Parties acknowledge this Agreement shall be deemed to be a covenant running
with title to the land; shall, upon execution, be recorded in the Johnson County Recorder's
Office; and shall, without further recitation, continue to be a covenant on each portion of the
subject property, until released of record by the City.
8. Nothing in this Agreement shall be construed to relieve the Applicant from
complying with all applicable local and state regulations, and Applicant acknowledges same.
APPLICANT
CITY OF IOWA CITY, IOWA
By:
A. John McDonald, Mayor
Attest:
Marian K. Karr, City Clerk
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STATE OF IOWA )
SS:
COUNTY OF JOHNSON )
On this day of October, 1989, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared R.D. Phipps, to me personally known, who
being by me duly sworn, did say that he is the President and Secretary of the corporation
executing the within and foregoing Instrument, that no seal has been procured by the corpora-
tion; that said instrument was signed on behalf of the corporation by authority of its Board of
Directors; and that the said R.D. Phipps as President and Secretary of the corporation
acknowledged the execution of the foregoing instrument to be the voluntary act and deed of
said corporation, by it and by him voluntarily xecuted.
Notary Public in Ind lot the State of Iowa
STATE OF IOWA )
SS:
COUNTY OF JOHNSON )
On this day of October, 1989, before me, the undersigned, a Notary Public in and for
said County and State, personally appeared John McDonald and Marian K. Karr, to me per-
sonally known, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of said municipal corporation, executing the within and foregoing instrument; that
the seal the seal affixed thereto is the seal of said municipal corporation; that said instrument
was signed and sealed on behalf of said municipal corporation by authority of its City Council;
and that said A. John McDonald and Marian K. Karr acknowledged the execution of said
Instrument to be the voluntary act and deed of said municipal corporation, by it and by them
voluntarily executed
Notary Public in and for the State of Iowa
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To: Planning & Zoning Commission
Item: Z-8908. Meadow Ridge.
GENERAL INFORMATION:
Applicant:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
STAFF REPORT
Prepared by: Monica Moen
Date: August 3, 1989
Delta Construction Company
825 Normandy Drive
Iowa City, Iowa 52246
Contact: R.D. Phipps
Phone: 351-5232
Approval of a request to rezone
property from PDH -12 to RS -12.
To permit subdividing the tract for
a conventional, single-family
residential development.
1900 North Dubuque Street (Old
Highway 218), generally south of
Ventura Avenue and north of
Bjaysville Lane.
8.11 acres.
Undeveloped; PDH -12.
North - Single-family residential;
RS -12.
East - Undeveloped; RS -12.
South - Single-family residential;
RS -12.
West - Single-family residential;
RS -12
Low density residential: 2-8
dwelling units per acre.
File date: July 13, 1989.
45 -day limitation period: August 28, 1989.
BACKGROUND:
In January, 1987, the City Council approved the preliminary Planned Development
Housing (PDN) plan and preliminary Large Scale Residential Development (LSRD)
plan for Meadow Ridge, a planned development of 15 condominium dwellings
clustered on approximately three acres of meadow land in the westerly portion
of an 8.11 acre tract. The balance of the site, characterized by steep woodlands
and flat wetlands, was to remain undeveloped common area to be used and managed
by the members of the Meadow Ridge Condominium Homeowners Association. The final
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LSRD plan for Meadow Ridge was approved by the Council in March, 1987. The final
PDH plan was approved administratively.
Development of the Meadow Ridge planned housing development has not occurred and
the developer proposes to rezone the tract to the RS -12, high density single-
family residential zone, the zone underlying the tract's present PDH -12
designation, and the zoning classification of surrounding properties. At the
present time, the applicant intends to subdivide the site for a conventional
single-family residential development of approximately 16 lots. The applicant,
therefore, requests that the subject 8.11 acre tract be rezoned to RS -12 to allow
him to proceed with plans to subdivide the property.
ANALYSIS:
The City's 1978 Comprehensive Plan envisioned the area north of Foster Road
extended, between Dubuque Street and Prairie du Chien Road, developing for
residential uses at a density of 8 to 16 dwelling units per acre. The 1983 and
1989 updates of the Plan, however, indicated that only the central portion of
this area should develop at a land use density of 8-16 dwelling units per acre.
Both plan updates encourage the eastern edge of that area as well as the western
portion of that part of the City to develop for residential purposes at only 2-
8 dwellings per acre. The subject tract is located in that part of the area that
is encouraged to develop at the lower density of residential development. The
lower density land use designation offers some assurance that the natural
features of the area will be protected and that the entrances to the community
from the north will be preserved and enhanced.
In conformance with the 2-8 dwelling units per acre density recommended by the
1983 Plan Update, it was anticipated that the subject site and land adjacent to
it would be zoned RS -8 to allow the development of single-family residential
subdivisions of up to eight dwellings per acre. However, at the request of Plum
Grove Acres, Inc., owner of the easterly portion of the Dubuque Street/Prairie
du Chien Road area, the City Council, as part of the comprehensive rezoning of
the city in 1983, zoned the entire area RS -12 to allow it to develop at a higher
density of residential development. The land use policy for the area, as
reflected in the 1983 Plan Update, however, was not amended and the 1989 Update
of the Comprehensive plan continues to encourage a lower density of residential
development for the western portion of the area bounded by Dubuque Street,
Prairie du Chien Road, Foster Road extended and Interstate 80.
Consistent with the City's land use policies, development of the subject tract
should occur in a manner which preserves and protects the natural features of
the area and which preserves and enhances the currently attractive entrance into
Iowa City from the north. The 1989 Comprehensive Plan Update recently adopted
by the City Council emphasizes that the northern part of the city "...is unique
in that the natural features of the land are particularly scenic and attractive.
When approving development proposals here, the City should be especially
cognizant of these features and encourage... development which effectively
preserves the natural features."
The request to rezone the subject parcel from PDH -12 to RS -12 is inconsistent
with the land use policies recommended for the area since 1983. A zoning
classification of RS -8 on the tract, however, is consistent with the land use
policies for the area in that this zoning designation would permit a medium
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density of single-family residential development on a tract that is within close
proximity to municipal services but would also assure that the natural
characteristics of the site would be protected and preserved. This zoning
classification would also accommodate the applicant's development plans.
STAFF RECOMMENDATION:
Staff recommends that the request to rezone the 8.11 acre, Meadow Ridge tract
from PDH -12 to RS -12 be denied but recommends instead that the tract be rezoned
from PDH -12 to RS -8.
ATTACHMENTS:
1. Location Map.
2. List of property owners within 200 feet of the rezoning request.
3. Letter from R.D. Phipps, dated July 13, 1989.
Approved by:
rnaia acnmeiser, uirecLor
epartment of Planning and
Program Development
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LOCATION MAP
Z-8908
Meadow Ridge
PDH -12 to RS -12
LLE
Mr. Tom Scott; Chairman
Iowa City Planning and Zoning Commission
Iowa City, Iowa
Dear Mr. Scott:
Deltr--- a;onstruction CO.
825 1, mandy Dr.
Iowa City, Iowa 52246
319/ 351 5232
July 13, 1989
Please consider this our request for expedited consideration
of our application for rezoning the following described property
to RS -1Z4
We will be submitting all the engineering and documents
prior to July 27, 1989 so that we can proceed as rapidly as
possible.
LOCATION MAP
MEADO'W'
,RIDGE
Sincerely;.Delta Construction Co.
by;R. Do Phipps-/ Pres.
LES4L )ESCR!P7i0M Meadow Ridge Subdivision
Rrminning 4' th. SE ...... nr In, to the 4172 4r n1 t1
Frictional Ouarters, of the Nut/1. Section 3. 7.794.. R. SC,, of Ina Stn �-
P.M., io•a City. to+a as shorn In Plat Book 5 - Page 77. Johnson County
Recorder's Officr.
:hence 5 3'51'00"E - 041.50 feet to a 5/3" rebar;
thence M WWII* V - 258.08 feet to a 5/3" mbar: 5
thence 5 56'35'00" V - 160.15 feet to a 518" Peter an the sisterly Right of
Way (RQV) of Dubucue SLnet is descrlDeo In Warranty Died in Bdoc 245 -
P49e 118:
thence 4 29'36')7" V -.27.4A feet along laid Roo to a 5/8" eoar 100 fed:
nornally distant utterly free Static. 39900:
thence 4 31'24'76" V - 89.70 feet Bang said RC• to a 5/8" refer S5 !set
normally distant sisterly from « nttrline on the south Iln, of said i
fractional NEI/4 .44'1/4;
thence 5 89'25'04" E - 70.48 Ret -., a Sit" rebar +arking the 57 corner of
law Fractional RE1/4 4V1/4
thence M 2'41'38" V - 199.23 feet to a 5/8" rebar,
thence M 2'20'77" V - 121.23 feet to a 5/e" rebar;
thence 4 7'08'17" V - 497.70 feet to a Sib" rebar on the south lips of said
focus S.Ddl.lilon•.
genu S 89'40'00" E - 144.40 flat to a 5/8" -,bar;
thence M 89'91'00" E - 266.27 feet to the Point of Beginning.
Ch, basis for bearings in this d scrnOon It the south line of Yocum
Subal4iuon.
Said Mudoe Ridge contains 6.11 acres.
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ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 36-18, THE ZONING
ORDINANCE REGULATIONS FOR THE NEIGHBORHOOD
COMMERCIAL, CN -1 ZONE, TO PERMIT OFFICE AND OTHER
USES IN THE ZONE.
WHEREAS, the Neighborhood Commercial zone does not
permit office uses, retail bakeries, U.S, postal stations, or
videotape rental stores; and
WHEREAS, the City Council has determined that these uses
are appropriate in the Neighborhood Commerical zone to meet
the day -today needs of a fully developed residemlal
neighborhood; and
WHEREAS, In the case of office uses, it is deemed
appropriate to limit the size and location of office uses to
ensure their compatibility with the concept of a Nelgborhood
Commercial zone as expressed In the intent section of the
zone.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. That Chapter 36, The Zoning
.. _ . Ordlnance', of the Cade of Ordinances of the City of Iowa City
Is hereby amended by repealing Section 36-18 and Inserting
the following In Ileu thereof: — -
Sec. 36.18.. Neighborhood Commercial Zone (CN -1).
(a) Imem. The Neighborhood Commercial Zone (CN -1) Is
Intended to permit the development Of retail sales and
personal services required to meet the day -today
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 grocerystore
and small retail businesses and office uses which are
relatively nuisance -free to surrounding residences and
which do not detract from the residential 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, and
laundry and dry cleaning pick-up and delivery
services.
(2) Drugstores, florist shops and variety stores.
(3) Financial Institutions, branch offices.
(4) Retall bakery.
(5) U.S, postal station.
(6) Videotape rental store,
(c) Provisional uses.
(1) Grocery stores, Including specialty food such as
bakery and delicatessen goods, provided that the
floor area of a grocery store shall not exceed tan
(10) percent of the land area of the CN -1 zone In
which the grocery store Is located,
(d) Special exceptions.
(1) Child care facilities subject to the requirements of
Sec. 36.55,
(2) Driven facilities for Menial Institutions.
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Ordinance No,
Page 2
(3) Filling stations provided that no part of the filling
station she shall be located within 108 feet of an R
zone boundary.
(4) 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 spechicaly allowed
In this zone, provided that:
a No office establishment shall occupy more than
1800 square feet of floor area;
b. The total 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 location of the building in which the office
Is located does not dlminish convenient access
to retail sales and personal service businesses.
(5) Public utilities.
(6) Religious Institutions.
(7) Restaurants.
(8) School - specialized private Instruction.
(e) Dimensional requirements.
(1) Minimum lot area: None
(2) Minimum lot with: None
(3) Minimum lot frontage: None
(4) Minimum yards:
Front - 20 ft.
Side - None
Rear- None
(5) Maximum building bulk:
Height - . 25 It.
Lot coverage - None
Floor area ratio - 1
(Q 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) Accessary uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See
Seo. 3656.
b. Accessory uses and building regulations. See
Sec. 36-57.
c. Off-street parking requirements. See Sac. 36
58.
d. Off-street loading requirements. See Sec. 36-
59.
e. Sign regulations. See Sec. 3650.
f. Fence regulations. See Sec. 36-64.
(2) General provlslons. See Article rV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Nonconformhles. 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 seven (7) acres.
(2) Religious institutions which existed on August 7,
1962, may expand without compliance with the
dimensional requirements or the off-street parking
requirements.
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' - 4Lal DepartmeM
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City of Iowa City
MEMORANDUM
Date: September 29, 1989
To: Ci ounc
From: Don me
Re: Amendm nts to the CN -1 Zone
A proposal is presently before the City Council to amend the CN -1 Zone to allow certain uses
not heretofore permitted. The changes were instigated at the request of Myles N. Braverman,
President of Southgate Development Company (see attached letter and related memoranda).
Much discussion before the Planning and Zoning Commission ensued with the Commission
recommending consideration of the subject ordinance.
Contrary to earlier statements, the staff does not object to the proposed ordinance. There
initially was a concern that the intent of the CN -1 Zone would be contravened by certain
changes, particularly In the provision of office uses. The staff, however, no longer believes this
to be the case.
The purpose of the CN -1 zone is, as expressed in the intent section of the CN -1 Zone and
reiterated in the subject proposed ordinance, to permit commercial development which meets
the day -today needs of a fully developed residential neighborhood. Stores and businesses
are to be economically supportable by nearby population and should not draw community-
wide patronage. According to the proposed ordinance this would also be true of office
development,
The proposed ordinance allows offices only as a special exception. This procedure permits
the Board of Adjustment to use discretion in disallowing an office use which would not be in
keeping with the intent section of the zone. The staff, therefore, is not opposed to the
proposed ordinance.
If City Councilmembers have any questions or comments concerning the proposed ordinance,
prior to Monday night's Informal meeting, please do not hesitate to contact me at 356.5230.
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City of Iowa City
MEMORANDUM
Date: September 29, 1989
To: Ci ounc
From: Don me
Re: Amendm nts to the CN -1 Zone
A proposal is presently before the City Council to amend the CN -1 Zone to allow certain uses
not heretofore permitted. The changes were instigated at the request of Myles N. Braverman,
President of Southgate Development Company (see attached letter and related memoranda).
Much discussion before the Planning and Zoning Commission ensued with the Commission
recommending consideration of the subject ordinance.
Contrary to earlier statements, the staff does not object to the proposed ordinance. There
initially was a concern that the intent of the CN -1 Zone would be contravened by certain
changes, particularly In the provision of office uses. The staff, however, no longer believes this
to be the case.
The purpose of the CN -1 zone is, as expressed in the intent section of the CN -1 Zone and
reiterated in the subject proposed ordinance, to permit commercial development which meets
the day -today needs of a fully developed residential neighborhood. Stores and businesses
are to be economically supportable by nearby population and should not draw community-
wide patronage. According to the proposed ordinance this would also be true of office
development,
The proposed ordinance allows offices only as a special exception. This procedure permits
the Board of Adjustment to use discretion in disallowing an office use which would not be in
keeping with the intent section of the zone. The staff, therefore, is not opposed to the
proposed ordinance.
If City Councilmembers have any questions or comments concerning the proposed ordinance,
prior to Monday night's Informal meeting, please do not hesitate to contact me at 356.5230.
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REVISED ORDINANCE PER P & Z 9/6/89
Sec. 36-18. Neighborhood Commercial Zone (CN -1).
i
(a) Intent. The Neighborhood Commercial Zone (CN -1) is intended to permit 'the
development of retail sales and personal services required to meet the daV4o-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 arocery store/drugstore combination is favored as the
f 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 relatively nuisance -free to surrounding residences and which do not detract
from the residential 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, and laundry and dry cleaning pick-
up and delivery services.
(2) Drugstores, florist shops and variety stores.
(3) Financial institutions, branch offices.
(4) Retail bakery.
(5) U.S. postal station.
Videotape rental store.
(c) Provisional uses.
(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 CN -1 zone in which the grocery store is located.
(d) Special exceptions.
(1) Child care facilities subject to the requirements of Sec. 36-55.
I
(2) Drive-in facilities for financial institutions.
I
neipal use
Unk POF 1809 square feet a! let area. A maximum 8(thFee (2) FGGFR9FS may F0sIdG
(3) Filling stations provided that no part of the filling station site shall be located within
100 feet of an R zone boundary.
PROPOSED ADDITIONS ARE UNDERLINED AND
DELETIONS ARE SHOWN AS CROSSED OUT.
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(4)
2
a. No office establishment shall occupy more than 1800 snuare feet of floor
area:
C.
(5) Public utilities.
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(6) Religious institutions.
a -
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(7) Restaurants,
(8) School - specialized private Instruction.
(e) Dimensional requirements.
(1) Minimum lot area: None
(2) Minimum lot width; None
Y
(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
(f) 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. 35-56.
b. Accessory uses and building regulations, See Sec. 36-57.
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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. Nonconformities. See Division 4. o ;_
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T,(g) Special provisions.
(1) In no instance shall an area zoned CN -1 be less than three (3) acres or more than
7
seven () acres.
-
(2) Religious institutions which existed on August 7, 1962, may expand without { i
compliance with the dimensional requirements or the off-street parking require-
y ments.
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d. Nonconformities. See Division 4. o ;_
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T,(g) Special provisions.
(1) In no instance shall an area zoned CN -1 be less than three (3) acres or more than
7
seven () acres.
-
(2) Religious institutions which existed on August 7, 1962, may expand without { i
compliance with the dimensional requirements or the off-street parking require-
y ments.
/693
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SOUTHGATE DEVELOPMENT Nip
325 East washington Street
Iowa City, Iowa 52240
(319) 337.4195
Karin Franklin it
Iowa City Planning & Zoning SEP - 7 1988
325 East Washington St.
Iowa City, Iowa 52240 p•p•D.DEPARTMENT
j
Dear Karin:
Please schedule for consideration at the next Planning &Zoning meeting the li
following amendment to CN -1, Neighbor Commercial Zoning:
Under special exception there be added the following language:
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7. Clinics and accessory medical supply stores such as optical, 1
prosthetics, medical and dental supply stores, limited to retail salsa as an
ancillary use to the Clinic. This shall exclude small animal clinics. !'
At some future date we will ask for further review and modification of the CN -1
Zone.
1
If you have any questions, please give me a call.
_...
Siacer 1 � + r
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Myles-N
President
MNB/ss
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City of Iowa City
- MEMORANDUM
Date: May 26, 1989
To: Planning and Zoning Commission
From: Monica Moen, Associate Planner Wv'kv/
Re: Neighborhood Commercial Zone (CN -1) Amendments
The Commission has recently recommended, via the 1989 Comprehensive Plan Update, that
small offices be permitted within the Neighborhood Commercial Zone (CN -1). While a grocery
store or grocery store/drugstore combination is favored as the principal tenant in a
neighborhood commercial center, it is the consensus of the Commission that small offices
would be in keeping with the neighborhood orientation and purpose of these types of
commercial centers and would not detract from the residential character of the surrounding
residential neighborhood. The attached amendment incorporates the 1989 Comprehensive Plan
Updatepolicies regarding Neighborhood Commercial Centers. The proposed amendments to
the CN -1 Zone (1) emphasize the neighborhood orientation of the zone, (2) restrict the size of
grocery stores which may be permitted in the CN -1 zone, (3) allow offices 1500 square feet
or less in floor area to locate within the zone, and (4) limit the extent of office development
permitted to a ratio of other uses existing In the zone.
The purpose of the language limiting the size of grocery stores which may locate in the CN -
1 zone is to prohibit the development of large stores which may have a city-wide or greater
clientele and which may detract from a neighborhood's residential emphasis. This limitation,
as can be seen in the following table, will not cause existing grocery stores in CN -1 zones to
become non -conforming:
CN -1 Zone
Location
North Dodge
Church Street
Zone
Land Area
6.7 acres
(291,852 sq, ft)
4.0 acres
(174,240 sq. ft.)
Grocery Store Store
Tenant Size
Hy -Vee 19,800 sq, fl,
Eagle 16,000 sq, ft.
Percent of
Zone Area
6.78%
9.18%
First & 7.4 acres Hy -Vee 25,824 sq. ft. 8.01%
Rochester (322,344 sq. ft.)
The 1500 square foot limitation for offices will allow the establishment of small offices that also
will not result in city-wide support. Attached is a list of the floor areas occupied by certain
offices in Iowa City to give you a sense of the space needs of a variety of offices within the
community. The provision limiting office development within the CN -1 zone to 10 percent of
the total floor area occupied by the uses located in the zone assures that a CN -1 zone will not
be exclusively developed for office use and, thereby, undermine the Intent of the zone to
permit the development of stores and businesses that meet the day-to-day needs of a fully
developed residential neighborhood, Also attached for your consideration is an adaptation of
the Standard Industrial Classification (SIC) Manual definition of variety store, a use permitted
by right in the CN -1 zone.'
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STAFF RECOMMENDATION:
It is staff's recommendation that the proposed amendments to the Neighborhood Commercial
Zone (CN -1) be approved. Staff further recommends appro t -of a proposed definition f
variety store.
Approved by:
onaid Sbhmelser, Director
Department of Planning and
Program Development
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City of Iowa City `
MEMORANDUM
Date: June 5, 1989
To: Joint Staff Committee
From: Monica Moen, Associate Planner
Re: CN -1 Zone Amendments
The Planning and Zoning Commission, as a result of its May 30, 1989, informal discussion of
proposed CNA zone amendments, deferred formal consideration of these amendments pending
further discussion of four issues, These Issues are brought before you for discussion at the
June 6, 1989, joint staff meeting.
(1) At the May 30, meeting, Harry Wolf of Southgate Development, Inc, suggested that
video stores may be appropriate tenants in a neighborhood commercial center. When
neighborhood commercial centers were discussed by the Commission in the context
of the 1989 Comprehensive Plan Update, Mr. Wolf submitted excerpts from the ULI
publication "Dollars & Sense of Shopping Centers, 198T' which defines a neighborhood
shopping center and describes tenant characteristics of neighborhood centers. That
information is attached.
(2) The proposed CN -1 zone amendment suggests limiting the size of office establishments
to 1,500 square feet of floor area and limiting all office uses in a CN -1 zone to 10
percent of the total floor area occupied by other uses located in the zone. The
suggestion was made by a Commission member to permit office establishments up to
2,000 square feet in floor area in the CN -1 zone and to allow office uses to occupy up
to 20 percent of the total floor area occupied by other uses located in the zone.
Attached is an advertisement describing the availability of 2,500 square feet of office
space in southern Iowa City. The number of offices this amount of space
accommodates could allow the establishment of an office use which may draw
patronage beyond the neighborhood. The intent of the CN -1 zone is to permit stores,
businesses and offices which are useful to the majority of neighborhood residents and
are economically supportable by nearby population. Tenants should not draw
community -wide patronage.
(3) The appropriateness of dwellings located above or below the ground floor of another
principal use permitted in the zone was raised by the Commission. Certain
Commissioners were concerned that the dwelling unit density permitted by special
exception in the CN -1 zone In effect exposes low to middle density single-family
residential neighborhoods adjacent to the CN -1 zone to multi -family residential
development. It was not apparent during the Commission's brief consideration of this
topic on May 30 how the Commission generally feels about this Issue.
(4) The Commission Intends to make it clear that the type of medical facility proposed by
Dr. Han for southwest Iowa City is not an appropriate use in the CN -1 zone.
If you have any questions prior to our June 6, 1989, meeting, please do not hesitate to call
me at 5247.
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City of Iowa City
MEMORANDUM
Date: July 6, 1989
To: Planning and Zoning Commission
From: Monica Moen, Associate Planner
Re: Proposed CN -1 Zone Amendments
The Planning and Zoning Commission, as a result of its June 12, 1989, informal discussion of
proposed CN -1 zone amendments, deferred consideration of these amendments pending staff's
input regarding further modifications to this zone that have been recommended by the
Commission. Staff's comments regarding these additional modifications are offered below.
(1) Videotape rental store, bakery, U.S. Post Office Branch as permitted uses in the
CN -1 zone.
At the May 30, 1989, informal Planning and Zoning Commission meeting, Harry Wolf of
Southgate Development Company, Inc. suggested that other uses, particularly videotape
rental stores may be appropriate tenants in a neighborhood commercial center.
Videotape rental businesses, as defined by the 1987 Standard Industrial Classification
Manual, are service establishments primarily engaged in renting recorded videotapes
and disks to the general public for personal or household use. Videotape rental stores
are distinguished from those establishments primarily engaged in renting video recorders
and players and those primarily engaged in selling recorded videotapes and disks to
the general public. The latter two types of establishments may be reliant upon a
broader range of support than would a videotape rental store located in close proximity
to other stores catering to a residential neighborhood. The ease with which videotapes
could be borrowed and returned in a neighborhood commercial center would be a
convenience consistent with the purpose and intent of the CN -1 zone.
The Commission recommends that bakeries be permitted, by right, in the CN -1 zone.
Bakeries, but only in conjunction with a grocery store use, are presently allowed in the
neighborhood commercial zone. The Commission's recommendation is based on its
Inability to distinguish differences in scale between the bakeries operating in Hy -Vee
stores, for example, from a bakery such as Barbara's Bake Shoppe in downtown Iowa
City. While staff does not object to allowing bakeries, by right, in the CN -1 zone, staff
cautions that only retail bakeries be allowed in that zone. A retail bakery is an
establishment producing bakery goods primarily for direct sale on the premises to
household consumers. Retail bakeries are distinguished from industrial bakeries which
are primarily engaged in manufacturing bakery products for wholesale sale and
distribution.
Consistent with the Intent of the CN -1 zone to permit the development of personal
services required to meet the day-to-day needs of a fully developed residential
neighborhood, the Commission recommends the inclusion of U.S. Post Office branch
offices, by right, in the CN -1 zone. Staff suggests that only U.S, postal stations, such
as those presently operating in area drug stores be permitted by right in the CNA zone.
U.S. Post Office branches, such as the Coralville Branch Office meet the needs of a
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major segment of the total community population and are not appropriate uses in the
CN -1 zone. The Iowa City Post Office has advised that it is unlikely that an independent
postal station, that Is, a postal station not included as part of another business such
as a drug store, would be established since it would not be cost-effective to do so.
(2) Carry -out restaurants and delicatessens as permitted uses in the CN -1 zone.
The Planning and Zoning Commission recommends that restaurants limited to
dispensing edible foodstuff on a carryout basis for Immediate consumption off the
premises be permitted, by right, in the CN -1 zone. The staff notes that restaurants,
excluding automobile oriented restaurants, are presently allowed by special exception
In a neighborhood commercial zone. Drive-in and carryout restaurants are, by
f definition, auto oriented uses, With the exception of drive-ln facilities for financial
institutions and filling stations, both of which are only allowed by special exception in
f the CN -1 zone, auto and truck oriented uses are not permitted in that zone. Staff
recommends the continued inclusion of restaurants by special exception in the CN -1
!€ zone to enable review, on a case-by-case basis, of the impact of a proposed restaurant
on a particular residential neighborhood and to assure that the scale of this use is
consistent with the neighborhood orientation of the zone and compatible with
surrounding residential uses. Staff does not recommend the introduction of auto and
truck oriented restaurant uses in the neighborhood commercial zone.
Delicatessens, but only in conjunction with a grocery store, are presently allowed in the
neighborhood commercial zone. A delicatessen is an establishment primarily engaged
in the sale of ready -to -eat food products including, but not limited to, cooked meats,
cheeses and salads. If the principal purpose of an establishment is the dispensing and
consumption of dell products at indoor tables and if the Indoor seating area of the
establishment is more than 50 percent of the total floor area, that "delicatessen" is a
restaurant, a use allowed by special exception in the CN -1 zone. If, on the otherhand,
the establishment is a restaurant whose principal operation is the dispensing of edible
foodstuff for consumption off the premises, that establishment is an auto oriented use,
a use not permitted in the CN -1 zone. The Planning and Zoning Commission
recommends modifying the neighborhood commercial zone to permit carry -out
restaurants and, therefore, carry -out delicatessens. As noted, staff recommends against
expanding the number of auto and truck oriented uses in this zone.
(3) Catering Business.
The question was raised by the Commission whether a catering business could be
established in the CN -1 zone. Caterers are defined in the 1987 Standard Industrial
Classification Manual as "eating places" or establishments primarily engaged in the retail
sale of prepared food and drink for on -premise or Immediate consumption, in other
words, restaurants. Like a carryout delicatessen, if the catering establishment Is
rip marily engaged in the dispensing of edible foodstuff for consumption off the premises,
that establishment is an auto and truck oriented use, a use not permitted in the
neighborhood commercial zone.
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STAFF RECOMMENDATION:
Staff recommends that, If the Commission chooses to proceed with amendments to the CN-
S zone, the proposal to amend the Neighborhood Commercial (CN -1) Zone to include
videotape rental stores, retail bakeries and U.S. postal stations as permitted uses in the zone
be approved. Staff further recommends that the proposal to amend the CN -1 zone to allow
drive-in/carry-out restaurants either as permitted uses or eclat exception be dented.
Approved by:
,Donald chmeiser, Director
Department of Planning &
Program Development
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City of Iowa City
MEMORANDUM
Date: September 7, 1989
To: Planning and Zoning Commission
From: Karin Franklin, Senior Pla e
Re: CN -1 Zone Amendments
On July 6, the Commission recommended approval of various amendments to the CN -1 zone.
One of those amendments Included a provision which permitted office uses provided the total
floor area of all office uses in the area zoned CN -1 did not exceed 15% of the total floor area
occupied by other uses located in the zone. Southgate Development Company has raised
concerns regarding this provision since it requires that no office may locate in a CN -1 zone
until other uses are established, The staff concurs with Southgate that there are limitations
Imposed by this provision but maintains the concern that the neighborhood commercial zone
retain its emphasis on service to the neighborhood through retail and personal service uses
and not have the direction of development in a CN -1 area be set by office uses. Rather than
send the amendments on to the City Council and have these issues raised at the Council level,
we felt it was appropriate to come back to the Commission and attempt to resolve this issue.
The change offered treats offices as special exceptions and requires a site plan be submitted.
The site plan would show the proposed location of the office use in relation to all other uses,
existing and proposed, and would indicate the number of square feet Intended for office use
and the gross square footage of all other uses combined. This information would be used to
determine whether the 15% requirement was being met, The 15% relates to uses in the
particular area zoned CN -1; any streets within the CN -1 zone are disregarded so as not to
delineate two separate CN -1 zoned areas such as at First and Rochester avenues. The.area
may Include land which is not under one ownership. This is the case in only two areas of the
City zoned CN -1: at First and Rochester avenues, and at Dodge and Church streets. This
provision would require that in those two areas anyone wishing to establish office uses would
need to demonstrate that the 15% limit on floor area would be met in the entire zone, Including
on property which they did not own. At First and Rochester avenues, there are three separate
parcels, two of which are fully developed with uses other than office uses. At Dodge and
Church streets, the entire zone is fully developed. Multiple ownership should not, therefore,
present a problem in existing zones.
Two other provisions, which have been added, relate to the timing of office development and
its location. Subsection (c) follows the concept Included in the PDH ordinance which restricts
any commercial development in a residential planned development from being established until
after 25% of the residential development takes place. The rationale for this is that the primary,
desirable use in a PDH development is housing and that the commercial use should not be
present until the residential component is established. Likewise, in the CN -1 zone, retail and
personal service uses focused on providing service to the neighborhood are the primary
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desirable uses. Office uses are permissible but should not be the first use to establish, thereby
setting the tone or direction for the area. Subsection (c) requires that 25% of the floor area
of non-office uses, shown on the site plan, be developed before a certificate of occupancy may
be issued for the office use. The developer will need, with this provision, to have a definite
commitment to construction for the uses that are consistent with the purpose of the CN-1 zone
before being permitted to establish office uses. ! I;
The last subsection, (d), addresses the location of office uses in the development to ensure
that the office development does not diminish the ability of the developer to successfully
market the site for retail and personal service businesses that require visibility and ease of
access.
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ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 38, THE ZONING
ORDINANCE, TO DEFINE VARIETY STORES.
WHEREAS, the Neighborhood Commercial Zone (CN -1),
permits variety stores; and
WHEREAS, the term variety store' Is not presently defined
In the Zoning Ordinance; and
WHEREAS, application of the Zoning Ordinance should not
rely on Interpretation of the Code, to the extent possible; and
WHEREAS, the definition of terms lessens the extent to
which the code Is Interpreted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CrrY, IOWA:
SECTION I. AMENDMENT. That Chapter 36, 'Zoning Or-
dinance', of the Code of Ordinances of the City of Iowa City,
Iowa, Is hereby amended by adding subsection 36A(v)(21) as
follows:
Variety store. An establishment engaged In the retell sale
of a vadety of merchandise In the low to middle price
ranges. These stores do not carry a complete line of
merchandise, are not departmentalized, and do not deliver
merchandise. These stores are distinguished from other
similar stores listed In the 1987 Standard Industrial Clas-
s1 ication Manuel Major Group 53 -General Merchandise
Stores.
SECTION It. REPEALER. All ordinances and parts of ordinan.
ces In conflict with the provisions of this ordinance are hereby
repealed:. _-
SECTION III. SEVERABIU Y. 8 any section, provision or part
ot the Ordinance shell be adjudged to be Invalid or unconstitu.
tional, 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
etreot after its final passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
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ORDINANCE NO,
AN ORDINANCE TO VACATE OLYMPIC CIRCLE, WEST OF
BOYRUM STREET.
WHEREAS, Southgate Development Company has
requested that the City vacate all of the 50 feet of right-of-way
west Of Boyrum Street known as Olympic Circle; and
WHEREAS, this right-of-way provides access to four lots
owned by Southgate Development Company which is In the
process of conveying these four lots to a single owner; and
WHEREAS, no properties will be deprived Of access by this
vacation and the City has no need for this right-cf-way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. VACATION. The 50 feet of right-of-way platted as
part of the Resubdivision of portions of Blocks 5 and 6,
Braverman Center, Pan One and Two and known as Olympic
Circle Is hereby vacated.
SECTION II. RECORDATION. The City Clerk Is hereby
directed and authorized to record this vacation.
SECTION III. REPEALER. All ordinances and parts of
ordinances In conflictwith the provisions of this Ordinance are
hereby repeated.
SECTION IV. SEVERABILITY, If any section, provision or part
of the Ordinance shall be adjudgedto. be Invalid or
unconstitutlonat; such adjudication shall not affect the validity
of the Ordinance as a whole or any section, provision or pan
thereof not adjudged Invalid or unconstitutional.
SECTION V. EFFECTIVE DATE: This Ordinance shall be In
effectafter its final passage, approval and publication as
required bylaw, .
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
AAprov t Form
�rn�...
Legal Department
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To: Planning & Zoning Commission
STAFF REPORT
Item: V-8905. Olympic Circle Vacation
Prepared by: Karin Franklin
Date: September 7, 1989
Southgate Development Company
325 E. Washington St.
Iowa City, Iowa
The vacation of all of the Olympic
Circle right-of-way.
To incorporate the street into the
development of four lots abutting
the right-of-way.
Olympic Circle, west of Boyrum
Street between Highway 6 and
Southgate Avenue.
.30 acres.
North, west and south - Undeveloped
lots; CI -1.
East - Carpet store, offices,
undeveloped lots; CI -1.
,r BACKGROUND:
Olympic Circle is a dedicated 50 -foot wide right-of-way that terminates in a cul-
de-sac. The street was part of the resubdivision of portions of Blocks 5 and
14,
6, ,Braverman Center, Parts l and 2, final plat approved July 2, 1980.' Four
commercial lots abut the right-of-way and are presently undeveloped. A single
business is interested in developing all four lots and integrating the right-
of-way into the project. The owner of the property is requesting vacation and
eventual disposition of the right-of-way to facilitate the plans of this business
entity.
ANALYSIS:
The right-of-way serves only the four lots noted. With acquisition of the four
lots by a single owner, the vacation of the street will not diminish access to
any property.
The only utility in the right-of-way is a water line along the south side of the
right-of-way. With disposition of the right-of-way, this water line will become
a private line and eliminate the need for an easement.
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V-8905 Olympic Circle Vacation
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September 12, 1989
Mr. Steve Atkins
City Manager
City of Iowa City
410 East Washington St.
Iowa City, Iowa 52240
SOUTHGATE DEVELOPMENT
325 East WashingtonStreet %%I)Iowa City, Iowa 52240
(319) 337.4195
President
MNB/ss
Re: PTT Project
Dear Mr. Atkins:'
a
On Thursday, September 7, 1989, the Iowa City Planning & Zoning commission.
approved our request to abandon Olympic Circle and has forwarded this to the
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Council for final action. Council action can not be formally accomplished
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sooner than mid October.
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With cold weather approaching, I would appreciate yyour help by informally
polling the council members to see if there would be any objection to our
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starting excavation and ground work.in the street area at a sooner time.
>rTh
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or your help in this matter.
.,
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President
MNB/ss
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