HomeMy WebLinkAbout1988-12-21 OrdinanceOimIWI CE ND.
AN allIRWE NIENDIfG THE ZONING ORDIWVICE BY
a"ING Tif USE REGULATIONS OF CERTAIN WEIR
LOCATED AT 1476 FIRST AVENUE FR,li I-1 TO CC -2.
WUZEAS, the property described below is adjacent
to Properties zoned CC -2 and which have developed
for camercial Purposes; and
µfRFAS, the property's only means of access is
through an existing camercial development and its
orientation is toward surrounding conrercial uses
f and away from adjacent industrial develWmt; and
[WHEREAS, it is appropriate to allow the Property
to be used for comercial uses cawpatible with
surrounding camercial developrent.
s
NOW, TFUUORE, BE IT OWNED BY 1W CITY
COUNCIL OF TNN CITY OF Im CITY, IOWA:
3 SECTION I. ZONING PNEflTE14T. That the Property
descMtned below is hereby reclassified frown its
present classification of I-1 to CC -2:
Beginning at the concrete manment which marks
the corner cammn to Sections 13, 14, 23, 24,
Township 79 North, Range 6 West of the 6th P.M.
thence due north 144.24 feet alorg the east
i line of Lot 2 Ohl's Subdivision, Iowa City,
Johnson Canty, los; thence North 89'58'40"
East, 176.00 feet; thence South 21'59140" West,
375.31 feet; thence forth 00.05'20" West,
136.38 feet; thence North 00'05120" West, 51.05
feet along the east line of Lot 2, Ohl's
Subdivision to the point of begiming: except-
inrg therefron the following tract:
i)eginning at the concrete wronnent which
rmrks the corner ommn to Sections 13, 14, 23
and 24, Township 79 forth, Range 6 West of the
5th P.M. thence South 10 feet alag the east
line of Lot 2, Ohl's Subdivision, lora City,
Johnson Canty, Iowa, to the place of
beginning; thence, continuing in a southerly
direction along the section line, Sotth
00'05'20" East 177.43 feet to a pointl thence
Nath 27.53'40" East 160 feet; thorn March
64'25'00" West 83.35 feet more or lest to the
point of bogiming, and is subject to aasmou
ud restriction of Record.
11. ZONING IMP, The Building inspector is
authorized and directed to change Ow zoning
W of the City of lots City, 10A. to Conform to
this amt upon flnWl passage, appeval +Yd
pblication of this Ordinance as pwldod by law.
_ _ itR City
by r tt rereby auUwrized and hoctad to mutifyt a
of this Inarn which shall be rte at
the Office of the County Romdor of J1mn Oznty.
lora.
%f7<L
Ordiraxe 1Y.
Page 2
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SECiICN IV. REPEALER. All ordinances and parts of
ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SEMCN V. SEVERABILITY CLAUSE. If any of the
iprovisions of this Ordinance are for any reason
declared illegal or void, then the lawful provisions
of this Ordinance, rhich are severable from said
unlawful provisions, shall be and remin in full
i force and effect, the sane as if the Ordinance
contained no illegal or void provisions.
n SECTION VI. ffHMVE 00.TE. This Ordinance shall
be in forte and effect frun and after its final
passage and ptblicatim as
y
Passed and approved this law provided.
MAYOR
187f1
I
S. S. M. PROPERTIES
JOHN MORELAND, JR, 2208 ROCHESTER AVENUE
IOWA CITY, IOWA 52245
November 22, 1988
Mayor McDonald and Iowa City Council
Civic Center
410 E. Washington
Iowa City, Iowa 52240
Re: S & M Partners Request for Rezoning of 1428 First Avenue,
a Parcel of Land at the Northerly End of the East Dale
Complex (Z-8812)
Mayor McDonald and Members of the Council:
S B M Partners respectfully requests that the "City Council" set
the Public Hearing for the above referenced application for the
December 10th., 1988 Regular Council Meeting and give consideration
to expedited action on the application. We have been informed that
certain meetings have been canceled during the Holiday Season, and
we are hopeful that this expedition will allow our application to
the Board of Adjustment, on matters related to this project, to be
heard on January 11th, 1989.
Our information and discussions with the adJacent property
owners leads us to believe that all approve of the rezoning
application, and to date the Planning Staff has not received any
complaints or questions regarding the application.
JM/ca■
Respectfully Submitted,
9 4 M Partners, Inc.
�- (Vn0 .
John Moreland, Jr,
11 L:'"Vit 0
f�tOV 221988
n
/P7Y-
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Monica Moen
Item: Z-8812. 1476 First Avenue Date: December 1, 1988
I
GENERAL INFORMATION:
Applicant: S&M Partners
Requested action:
Purpose:
Location:
Site size:
Existing land use and zoning:
Surrounding land use and zoning:
2208 Rochester Avenue
Iowa City, Iowa 52240
Contact: John Moreland, Jr.
Phone: 338-3861
Rezoning from I-1 to CC -2.
To permit use of the tract for
uses allowed in the CC -2 zone.
Easterly edge of Eastdale Mall
imm--diately south of Goodwill
Industries.
0.67 acres.
Warehouse; I-1.
North - Goodwill Industries,
Brenneman Seed & Pet
Center, Wendy's, Play
School; I-1 and CC -2
East - Procter & Gamble Mfg. Co.;
I-1
South - Procter & Gamble Mfg. Co.;
I-1
West - Kirwan Furniture, Rocky
Rococo, Eastdale Mall;
CC -2
Comprehensive Plant Industrial.
File datet November 7, 1988.
45 -day limitation periodt December 22, 1988.
The applicant, John Mornlsnd. Jr., recently purchased proprrty at 1176
first Avenue assuming ih@ sito was located in the U-2, fommunit
Commercial zone. The land is actually in the 1.1, General Industrial
zone. The two-story building on the property fins been used ae a building
contractor facility and a warehouse, uses permitted to the 1.1 tune.
These uses are not allowed In the CC -2 zone. Mr. Moreland proposes to
/97f4
9
convert the second floor of the building into four dwelling units.
Because residential dwellings are not principal uses permitted in the I-1
zone, the applicant requests that the property at 1476 First Avenue be
rezoned from I-1 to CC -2 to permit redevelopment of a portion of the
property for residential purposes. If the property is rezoned to CC -2,
the lower level of the property may continue to be used for a legally
established use allowed in the I-1 zone at the time of rezoning or may be
converted to uses permitted in the CC -2 zone. Uses which are permitted
in the I-1 zone that are not allowed in the CC -2 zone will become legal
nonconforming uses.
ANALYSIS:
The short- and long-range development plans for the City indicate that the
subject parcel is located at the western boundary of an area that is
encouraged to develop for industrial purposes. Land east and south of
this parcel is zoned I-1 and has developed for industrial uses. Land
immediately north and west of this tract is encouraged, on the other hand,
to develop for general commercial uses and is zoned CC -2, consistent with
this land use designation. These tracts have developed for uses allowed
in that zone.
The 1983 Update to the Iowa City Comprehensive Plan states that "[t]he
maps presented in the ...Plan outline in a general fashion the location of
different land uses;...the Comprehensive Plan maps ... (are to] be
interpreted with flexibility at the boundaries of the designated uses to
allow appropriate transitions between areas." In staff's opinion, the
parcel is in an area of transition and rezoning the subjectparcel from I-
I to CC -2 would be consistent with this Comprehensive Plan objective.
The property under consideration does not possess the characteristics
generally associated with industrial uses such as easy and Immediate
access to major thoroughfares and the provision of sufficient land area to
allow the scale of development typical of industrial uses or to
accommodate expansions. The property at 1416 First Avenue is effectively
separated from I.1 zoned land to the east and south by a railroad spur
that serves existing industrial uses, The tract is located on an Interior
lot and is not directly accessible to either First Avenue or Lower
Muscatine Road. Instead, this property is accessed through commercial
property, the Eestdale Mail complex, which fronts on these rights-of-way.
The stele of the existing building on the property is compatible with
commercial buildings in the area and is oriented toward surrounding
commercial use and away from adjacent industrial development. These
features serve to make the parcel more identifiable with commercial versus
industrial activities.
Nelonl"I tho property from 1.1 to CC -2 would allow redevelopment of the
silo for uses compatible with adjacent commercial uses. Due to the
orientation and 9s:10 6f thi existing building and iis visual association
with uirrounding commercial development, redevelopment of the property for
commercial purposes would enhance existing commercial development, On the
other fiend, continued use of the proportyy for "4iistriel purposes may lead
to land uses Inconggruent with uses allowad In the adjacent community
commercial tone, Rezoning the subject parcel from 1.1 to CC.1 would
y7v
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enable conversion of the property for uses compatible with adjacent
commercial development and consistent with the City's development policy.
STAFF RECOMMENDATION:
Staff recommends that the land use designation of property described in
Attachment 1 of this report be amended from Industrial to General
Commercial and that the request to rezone this property from I-1, General
Industrial, to CC -2, Community Commercial, be approved.
ATTACHMENTS:
1. Location Map.
2. Legal description of subject property.
3. Existing site plan.
4. Neighborhood Petition.
5. Letter from John Moreland, Jr., dated November 22, 1988, requesting
expedited consideration.
Approved byS4Donal
Schmeiser, Director
Department of Planning 6 Program Development
IV51
LOCATION MAP
Z-8812
1476 First Avenue
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cct 1 91988
MARIAN K. KARR
CITY CLERK (3)
10:55+^. J1a,
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To, Melody Rockwell — Associate Planner
Iowa City Board of Adjustment
and
City of Iowa City Zoning Commission
RE, Property located at 1476 lot Avenue, Iowa City. IA.
We, as owners of property located near 1476 let Avenue,
encourage the City to rezone this property CCi and to
grant a special exception to allow residential use on the
second floor of their building.
We believe the approval of this request will have a positive
impact on this area of our community and the proposed changes
and improvements for 1476 would make that property aesthetically
more pleasing and consistent with other property in this area.
Thank you in advance for your consideration of our request.
Property Buser
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Property Address
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MARIAN K. KARR
CITY CLERK (3)
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