HomeMy WebLinkAbout1988-07-26 OrdinanceORDIWNCE NO.
AN CR'WWE l44WING THE ZONING ORDINANCE BY
GANGING THE USE REGULATTCNS OF CERTAIN PNOPM
LOCATED AT 1421 VATFFFTitIT RTIYE.
plocated at 1421 ropeis rty in
zeroed CI?l, NIntsa°sive
Cwmrcial Zone; and
WBEASS, the Carpr'eheasive Plan shows the
Propertythe
boundary of an area designated for
general camercial land uses to the north and
i intensive cormercial land uses to the south; and
E WEREAS, the i
gui for lard detiel anPlan
besiainterpreted
with flexibility at the boundaries of designated
uses to allow appropriate transitions between such
areas; and
VifRFAS, the property is Part of an established
cannercial area, srmourded on three sides by the
CC -2, Cmmnity Comercial Zane; and
WfREAS, the CC -2 zone would perndt develapmat
campatible with surrounding land use patterns, and
stabilize the area closet to U.S. Highway 6 for
general coommial uses.
N1r1,THEfUM, BE IT ORCAM By Tif Crn CCitCR.
OF THE Cm OF ICii4 CITY, IOkA:
SECTIOI I. IaliN: easw+sur That the property
described below is herffiy reclassified frmn its
present classification from CI -1 to CC -2:
Camaotng as a point of referaca at the
Northeast Corner of the Smithest Warter of
Section 15, TW"hiP 79 North, Range 6 Vest of
the 5th Principal Meridian, Johnson Corny, be;
1l ideO f rr Smith a tl,20' East along the Lot Wedadd 1,329. font to
the Northeast Comer of Gaermt lot 4 (this is
an assumed bearing for Purposes of this descrip-
tion only); thecae continuing South 00.21'20"
East, 759.00 feet along the Easterly lire oP said
Goverment lot 4 to a point; thence South
89'35'09" Vest, 56.48 feet, to a point on the
Centerline of Haterfrvnt Drive (fonmer'ly Said
Road), and the Point of Begiming; thence South
04'26'40" East, along said Centerline, 60.79
feet; thence Smith 89'35109" West, 272.93 feet;
Ow" North 00.13101" West, 40.00 feet; thence
North 17'36'11" West, 20.92 feet; thence North
00'23'46" Nest, 283.12 feet; these North
89'56'23" East, 235.25 feet; thenoe South
22'54'36" East, 71.83 feet; thence South
04'26'40" East, 170.06 feet, to the Point of
Beginning. Said tract contains 1.608 apps, we
or less, and is Wect to easeoarhs and restric-
tions of record.
//0A.,
Ordinance No.
Page 2
2411 i Imo: All ordinances and parts of
ordinam in conflict with the provisions of this
i ordinance are hereby repealed.
SEC'U% IiI avcoR : If aqy section, provi-
sion or part of the Ordinance shall be adjudged to
be invalid or uiconstitutional, such adjudication
shall not affect the validity of the ordinance as a
s whole or any section, Provision or part thereof not
adjudged invalid or ucanstitutioml.
S�CIION IV EFFE(TruF raa; This ordinance shall
be in effect after its final passage, approval and
Publication as required by law.
Passed and approved this
M4YCR
Alproved as to Form
a , La ry
Legal t
STAFF REPORT
To: Planning & Zoning Commission
Item: Z-8809. 1421 Waterfront Dr.
GENERAL INFORMATION:
Applicant: Gay's Locker Company
1421 Waterfront Drive
Iowa City, Iowa 52240
Phone: 337-2167
Prepared by: Barry Beagle
Date: July 7, 1988
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Contact Person: Michael Gay
Rezoning from CI -1 to CC -2
To permit commercial redevelop-
ment of the property.
South of U.S. Highway 6 on the
west side of Waterfront Drive.
1.808 Acres
Conforming and non -conforming
commercial uses and non-
conforming industrial use; CI -
1.
North - Commercial; CC -2.
South - Vacant; CI -1.
East - Commercial; CC -2.
West - Commercial; CC -2.
Comprehensive Plan: Intensive Commercial.
File date: June 10, 1988.
45 -day limitation period: July 25, 1988.
BACKGROUND:
Gay's Locker Company has operated a slaughter house and food locker at
1421 Waterfront Drive since 1918. A portion of the 11,078 sq. ft.
building was also devoted to retail food sales. Priorto the adoption of
the 1983 Zoning Ordinance, the property was zoned M-2, Heavy Industry
which literally permitted any use as of right with the exception of
residential uses. With the adoption of the new Zoning Ordinance, the
property was reclassified to CI -1, Intensive Commercial Zone. Under the
CI -1 zone, food lockers continue to be a conforming use with the slaughter
house and retail food sales portions having become non -conforming uses.
Page 2
On May 10, 1988, a substantial portion of Gay's Locker Company's main
building was destroyed by fire. Left intact was the slaughter area with
the food lockers and retail food sales portions being completely
destroyed. A separate smoke house and shed also remain standing. The
applicant plans to rebuild and re-establish each of the previous uses
including an expanded retail area. The matter was referred to the Zoning
Code interpretation Panel to determine what uses may be re-established.
(See attached memo.) The Panel determined that the slaughter area may
continue if left unaltered (enlarged or relocated) as a non -conforming
use. The applicant is proposing to incorporate the slaughter area into
the new building without enlarging or relocating it. The food lockers may
be re-established as a conforming use in the CI -I zone. The Panel
determined, however, that an expanded retail area would not be permitted
since retail uses per se are not permitted in the CI -1 zone. To remedy
this situation, the applicant proposes to rezone the site of Gay's Locker
Co. from CI -1 to CC -2 to allow the establishment of an expanded retail
area. The present slaughter house use would continue as a non -conforming
use in the CC -2 zone if left unaltered. Food lockers, however, are not
permitted in the CC -2 zone. Accompanying this request is a proposed
ordinance amendment that would permit food lockers as of right in the CC -2
zone. The proposed rezoning of the 1.808 acres from CI -1 to CC -2 is
dependent upon the passage of the ordinance amendment.
NALYSIS:
In considering the appropriateness of a rezoning request, two factors
which need to be evaluated are 1) its consistency with the land use
policies of the Comprehensive Plan for the generalarea, and 2) the land
use relationships established through the rezoning. The following is an
evaluation of both factors.
Comprehensive Plan: The Comprehensive Plan presents general areas and
stages of land use based upon the adoption of certain policies. It is
through the zoning map that the Comprehensive Plan is implemented by
designating specific uses and densities of use possible on any particular
site. The short- and long-range development plans indicate the subject
1.808 parcel is located in an area south of U.S. Highway 6 that is
encouraged to develop for commercial purposes. Specifically, the plan
designates a strip along the south side of U.S. Highway 6 as encouraged to
develop for general commercial uses with the remaining area to the south
intended for intensive commercial land use. The site is located at the
boundary of these two land use areas.
The Comprehensive Plan is intended as a general guide for land development
and may be interpreted with flexibility at the boundaries of designated
uses to allow appropriate transitions between such areas. As such, an
amendment to the Comprehensive Plan in this case should not be required.
Based upon surrounding land use patterns, the proximity of the site to
U.S. Highway 6, and the location of the site at the boundary of two land
use areas, CC -2 zoning is consistent with the land use policies of the
Comprehensive Plan for this area.
1/D01_
Page 3
Land Use Relationships:
The impact of the proposed rezoning on neighboring properties, considering
all the uses permitted in the zone, must be taken into consideration. The
site is part of an established commercial area offering a variety of
commercial services and uses ranging from general retail businesses and
restaurants to business service and wholesale establishments. Generally
those properties with exposure to or in close proximity of U.S. Highway 6
provide general retail conveniences to the general public. Surrounding
land uses include Aldi food store to the west, Hy -Vee food store to the
east and Carlos O'Kelley's restaurant to the north. These properties are
presently zoned CC -2 and surround the site on three sides. The rezoning
of this site would permit development compatible with adjacent CC -2 zoned
properties and stabilize the area close to U.S. Highway 6 for general
commercial uses.
Economic Impact:
Gay's Locker Co. estimates the value of reconstruction to be approximately
$300,000. The previous structure had an assessed value of $57,400. At a
current City levy of $11.54919/$1,000 of assessed valuation, the new
building would generate approximately $3,465 in taxes annually, for about
an increase of $2,802 over the previous building. In addition, the
applicant anticipates an increase in the number of full-time employees by
two to three persons, and an increase in part-time employees by two
persons. The proposed reconstruction does not require the commitment of
public funds and services beyond those presently available to the site.
STAFF RECOMMENDATION:
The staff recommends approval of the request to rezone a 1.808 -acre parcel
located at 1421 Waterfront Drive from CI -1 to CC -2.
ATTACHMENTS:
1. Location Map.
2. Zoning Code Interpretation Panel M orandu .
Approved by:
D nal c meiser, Director
Department of Planning and
Program Development
//D z
LEGAL DESCRIPTION
REZONING APPLICATION
GAY LOCKER COMPANY
A portion of'the SW -1/4 of
Section 15, Township 79 North, Range 6 West
Commencing as a point of reference at the Northeast Corner of the
Southwest Quarter of Section 15, Township 79 North, Range 6 West of
the Fifth Principal Meridian, Johnson County, Iowa; Thence South
0.21120" East along the Easterly line of Government Lot 4 extended
1,329.6 feet to the Northeast Corner of Government Lot 4 (This is an
assumed bearing for purposes of this description only); Thence
continuing South 0.21'20" East, 759.00 feet along the Easterly line of
said Government Lot 4 to a point; Thence S89.35'09"W, 56.48 feet, to a
point on the Centerllnc of Waterfront Drive (formerly Sand Road), and
the Point of Beginning; Thence SO4.26140"E, along said Centerline,
60.79 feet; Thence 589'35'09"W, 272.93 feet; Thence N00.13'04"W, 40.00
feet; Thence N17'36'11"W, 20.92 feet; Thence N00.23'46"W, 238.12 feet;
Thence N89.56'23"E, 235.25 feet; Thence S22 -54'36"E, 71.83 feet;
Thence SO4-26'40"E, 170.06 feet, to the Point of Beginning. Said
tract contains 1.808 Acres, more or less, and is subject to casements
and restrictions of Record.
//Oo2
a
alllWICE ho.
OMIW&E M MW TW PIDYISICW OF TW CC -2,
CC1d4 M CRUCIAL ZX To ALLOW Foto LOMM AS A
PEFHrrO 11SE.
WEDS, the CC -2, Cournnity Cogemial Zone, is
intended to provide for a variety of retail
establishments and services which serve a mk*
segment of the total cammanity Population; and
WHOM, food lockers are establishnads primarily
engaged in renting locker space for the storage
MEM,
food products for individual households; anMEM, food lockers are consistent with the
intent of the CC -2 zone, and are cmpatible with
other retail establidnmU and services allawed in
the CC -2 zone.
NOW, TFFAEFi11E, BE IT RESOLVED BY lif CIlY MKIL
OF IQN CITY:
U4i I. aDEM VIS. That Section 36.19(b) of the
Code of Ordinances stall be areded by inserting the
following new subsection:
(2.1) Food lodes.
SE0101 II. .80M. All ordinances and parts of
adinarces in eormflict with the provision of this
ordinance are herety repealed.
SMCN III. ttynnaan rn If aW section, provision
or part of the Ordinnm shall be ad)4W to be
invalid or urcanstitutiaral, such ad)udication shall
not affect the validity of the ordinamoe as a whole
or aniy section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION rv. rrnR rna, This adinmarcs shall be
in effect after its final passage, approval and
publication as required by law.
Passed and appoad this
Appoved as to Form
#0o /
N
■
City of Iowa City
MEMORANDUM
Date: May 17, 1988
ii To: Steve At-ki-fis':,
is From: Dan m is
Re: Gays Locker and Meat Market
The Zoning Code Interpretation Panel met on May ,16 to consider the ques-
tion of whether the subject business, which consists of two or more uses,
may re-establish any or all of the uses recently destroyed in a fire.
After reviewing a letter from Mike Gay (attached to this memorandum) and
some discussion, it was resolved by the Panel that thr business may be
reconstructed on the subject property.
The property on which the subject business is located, is zoned CI -1,
Intensive Commercial zone. In conjunction with the present business,
there is a slaughter area and a smoke house which were not destroyed by
the fire. These activities constitute a Slauohter house use which is
prohibited anywhere in Iowa City; however, since this use presently exists
and was not destroyed by the fire, it may exist unaltered as a non-
conforming use. The food lockers may be rebuilt as a conforming use in
the CI -1 zone. The retail portion of the business,'which was destroyed in
the fire, may not be re-established if it constitutes a principal use and
the portion of the building containing this use was destroyed by more than
100% of its value. The Panel ivas led to believe, however, that the retail
use portion of the business is an accessory use to the food locker and
slaughter house uses.
Mr. Gay has indicated in his letter that he wishes to expand the retail
portion of the business. Retail uses per se, including food sales, are
not permitted in the CI -1 zone. It is questionable whether the retail use
may be expanded beyond what existed prior to the fire, particularly if it
is considered an accessory use to the slaughter house portion of the
business; non -conforming uses may exist for perpetuity provided they are
not enlarged or expanded.
It would also appear to the Panel that the establishment did not comply
with the 20 foot setback requirement. Depending on the amount of destruc-
tion by the fire, the building may have to be rebuilt in compliance with
this requirement.
Mr. Gay should be encouraged to reveal his plans for reconstruction/re-
establishment of his business as soon as possible so that resolution of
these questions/concerns can be made. If you have any questions or are in
need of additional information, please do not hesitate to contact me.
tpl/I
r
�'W`KER
_RKET
1421 WetbArnnt Drive. low@ City. IA
Steve Atkins
Manager, City of Iowa City
Civic Center
Iowa City, IA 52240
Dear Steve,
In regard to our conversation on Friday, I would briefly like to
explain our plans regarding the rebuilding of Gay's Locker 6 Meat
Market.
The fire that took the main part of the building on Tuesday the
10th of May totally destroyed the processing and retail areas of our
building. The remaining parts of the original building that still
stand include the slaughter arca and the smokehouse. Both of these
areas are of no use without the rest of the related areas. It is our
intention to rebuild a new building attached to the remaining areas.
This new building will include a larger retail area and a processing
area that will in all probability be smaller than the area was in the
past.
The reason for the larger retail area is to serve the increased
retail trade that we have enjoyed since we returned to retail about
four years ago. This was in the plans before the fire.
The processing area however does not need to be the size it was
before due to the decrease in custom processing. This by no means is
an indication that we intend to drop the custom processing, nor did
we intend to in our plans before the fire. With the nearest locker
plant being Solon to the north and Riverside to the south we still
enjoyed many good steady customers as far away as Muscatine,
Williamsburg, West Liberty, and Cedar Rapids.
in these times when the Chamber is looking to the outlying
communities for the retail and service trade I feel that the
rebuilding of our plant at its former location will be an asset to
the conmunity.
Thank you in advance for your serious consideration in this
matter and if there is any thing I can do or information that you
need to speed up the City in its decision in this matter feel free to
call tre at any time.
Sincerely,
Ike�/
y ll%�
Vice -President
Gay's Locker G Meat Market
1421 Waterfront Dr.
Io;a City, Iowa 52240
cc: John McDonald, Pat Grady
Iml-
'c,
i
City of Iowa City
MEMORANDUM
Date: June 30, 1988
To: Planning and Zoning Commission
From: Barry Beagle, Associate Planner L�
Re: Proposed CC -2 Amendment
The proposed ordinance amendment includes food lockers as a permitted use
in the CC -2, Community Commercial Zone. Food lockers are establishments
engaged in the renting of locker space for the storage of food products
for individual households. This use is consistent with the intent of the
CC -2 zone to provide for a variety of retail establishments and services
which serve a major segment of the total community population. In
addition, food lockers should be compatible with other retail
establishments and services as allowed in the zone.
bdw4-8
Enclosure
Approved by i
Donald Schm ser, Director
Department of Planning and
Program Development
//0fl-
9
OPDIWWCE ND.
AN ORDIWWCE NWING THE ZCNAG ORDIWWCE BY
LD WGING THE USE REGULATIONS OF Cff1AIN PROPERTIES
LOCATED AT 1807, 1809, 1813, 1819, 1825 AND 1831
LONER MSOATINE "D FIM RS -5 TO RS -8.
across
WORS,
the street properties
described below are
Mich have Bevel from properties zoned CC -2 and
aped for camercial proposes; and
MUDS, traffic generated by those canmercial
establishnents affects this lav density single-
family residential neighboftod ore than other
nearby neighboriaods zoned RS -5; and
WREAS, it is appropriate to allow the
properties to be used for median density single-
family residential uses as a result of their
oposure to activities associated with adjacent
ccoercial uses.
NON,THERUW, BE IT OAA4INED BY RE CITY COICIL
OF THE CITY OF IDA CITY, IDA:
SECTION I. ZONING A43UM That the properties
described below are hereby reclassified frau their
present classification of RS -5 to RS -8:
Lots 6, 7, 8, 9 in Marion Subdivision (1813,
1819, 1825, 1831 Loner Muscatine Road).
Tract 2 as shorn in Plat Book 11, Page 83
(1809 Lower Muscatine Road).
Begin at Intersection C/L RD & N -S I Section
Line S 360.72 feet Elly 367.9 feet to Beginning
Ex Tracts 1&2 PB 11-83 All in Section 14-79-6,
(1807 Lower Muscatine Road),
SECTION II. ZCNIW, MCP. The Building Inspector is
hereby authorized and directed to drags the zoning
map of the City of Iowa City, Iowa, to conform to
this arendnent upon final passage, approval and
Publication of this Ordinance as provided by law.
SECTION IIICERTIFICATICN NSD kbijjING, The City
Cleric is hereby authorized and directed to certify a
copy of this Ordinance which shall be recorded at
the Office of the County Recorder of a*= axey,
Iowa.
MS ICN IV. REPEAJ . All ordinances and parts of
ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If arty section, provision
or part of this Ordinance shall be acjudged 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 Oq This Ordinance shall
F
in effect after its final passage, approval and
publication as required by law.
DEFEATED
/ioG
ml�
Ordinance No.
Page 2
Passed and approved this
M4YOR
ATTEST:
CITY CLEW
Approved as to Farm
9A- 7- y-,fj
Lega epartment
It was moved by and seconded by
the Ordinance as read e a op e , and upon roll ca ere were. that
AYES: NAYS: ABSENT:
Amb risco
Courtney
Dickson
Horowitz
Larson
McDonald
Strait
First Consideration _ 7/P6/88
Vote for passage: Ayes: None. Nays: Courtney, Horowitz,
Larson, McDonald, Ambrisco. Absent: Dickson, Strait.
Second Consideration
Vote for passage:
Date published
OROIN410E NO.
ORDINANCE VACATING A PORTION OF BLO 41MTCN AND
CAPITOL STREETS.
"E the City of Iowa City and the Univer-
sity of Iowa have agreed to jointly develop a park -
Ing facility, a water storage tank, and a chiller
plant on Block 100, Original Tam; and
"JTAS, construction of this project wi
require the vacation of a strip along Capitol St t
for tual placement of the facility and vacati of
a P ion of Bloomington Street to facilitate as -
tri traffic and underground utilities or the
joint facility; and
the properties abutting a rights-
of-way are amed by the University of Iae and
access any private Property will not be dimin-
ishol by acation of said portions said streets,
COUVCILNOF llf CITY IOWA CITY. BY THE CITY
SECTI I. VACATION. at the City of Iowa
City e y vaca es ose p tions of Bloomington
and Capitol s reets 1 11
--w Y cribed below:
All that rt of 81 ington Street right-of-
way from east to line of Lot 6, Block 100,
Original T to We west right-of-way line of
Capitol St t, Tso, the ,rest 10 feet of the
Capitol St t -of -way; and,
The east 10 of the west 20 feet of Capitol
Street from the south right-of-way line of
Davenport reet tended to the center of the
Blooming St right-of-way. This
descr1 10 feet 'es to the east of the 10
feet *Width vacat by Ordinance No, 56-(535)
Secti 9.
SEC II• REPEALE ' All ordinances and
parts o nances n con ct with the provision
of this ordinance are hereby led,
ION III. SEVERABILI : If any section,
prov, on or pa o e na a shall be adjudged
to invalid or unconstitutiona such adjudication
sha 1 not affect the validity of a Ordinance as a
4 le or any section, provision part thereof not
a judged invalid or unconstI ution .
SECTION IV. EFFECTIVE DATE: This Ordinance
shall be in effect after its final sage, approval
and publication as required by law.
Passed and approved this
R \
ATTEST:
CITY CLERK
MPr v o
Legal DeparUwt /�O?/
1107