HomeMy WebLinkAbout1986-03-25 Public hearingNOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING TO CONSIDER AN
ORDINANCE ON AMENDMENTS TO CHAPTER 27,
DIVISION 2, LARGE SCALE NON-RESIDENTIAL
DEVELOPMENT REGULATIONS.
Notice is hereby given that a public
hearing will be held by the City Council
of Iowa City, Iowa, at 7:30 p.m. on the
25th day of March, 1986, in the Civic
Center Council Chambers, Iowa City, Iowa;
at which hearing the Council will consider
an ordinance amending the Large Scale
Non -Residential Development Regulations of
Chapter 27 of the Code of Ordinances to
permit administrative review and approval
of final LSNRD plans. Copies of the
proposed ordinance are on file for public
examination in the office of the City
Clerk, Civic Center, Iowa City, Iowa.
Persons wishing to make their views known
for Council consideration are encouraged
to appear at the above-mentioned time and
place.
MARIAN K. KARR, CITY CLERK
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ORDINANCE NO.
ORDINANCE TO AMEND THE LARGE SCALE
NON-RESIDENTIAL DEVELOPMENT REGULATIONS,
CHAPTER 27 OF THE IOWA CITY MUNICIPAL
CODE, TO PERMIT ADMINISTRATIVE APPROVAL OF
FINAL PLANS.
WHEREAS, the City of Iowa City wishes to
enhance development opportunities within
the City and provide landowners and devel-
opers with the ability to respond quickly
to new or expanding business proposals;
and
WHEREAS, it is equally important to the
citizens of Iowa City and the economic
health of the community to maintain the
quality of life we enjoy here; and
WHEREAS, the Large Scale Non -Residential
Development regulations are intended to
provide adequate review of such develop-
ment without impeding development; and
WHEREAS, those regulations require amend-
ment for clarity of usage and to provide `
some flexibility in the marketing of
developable parcels.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY:
SECTION I. AMENDMENTS. That Chapter 27,
Art c e III, Div Sion 2 shall be amended
by deleting said Division and inserting in
lieu thereof the following:
DIVISION 2. NON-RESIDENTIAL
Sec. 27-36. Definition.
As used in this division, the term
"large scale non-residential develop-
ment shall mean an office, commercial
or industrial building built upon a
separate tract equal to or greater than
two (2) acres in area.
Sec. 27-37. Requirements - Preliminary
plan.
Whenever the owner of a tract of land
wishes to secure a building permit for
an office, commercial or industrial
building op a tract of land of a size as
described in section 27-36 of this
division, he/she shall submit to the
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city twelve (12) copies of a preliminary
Plan and application for preliminary
approval in accordance with the require-
ments of this division, The preliminary
plan shall be composed of two (2) parts:
The existing site plan, and the develop-
ment site plan.
(a) Existin site Ian. A plan of the
existing con i ions o he area proposed
I for development shall include:
(1) Location map,
(2) Contours at five (5) feet inter-
vals or less.
(3) Approximate location of all ex-
isting streets and public utili-
ties.
(b) Oevelo
imina2loment site Plan. The pre-
ry pan o t e proposed develop-
ment shall include:
(1) General land use arrangement show-
ing proposed location of buildings,
approximate size of buildings,
general use of the buildings (major
department store, automobile serv-
ice station, specialty retail,
manufacturing, wholesaling, etc.)
proposed location of any public or
semi-public areas (malls, arcades, j
park -ways, parks, etc.)
(2) Traffic circulation pattern showing
the transportation system proposed
for the automobilee railroaopment ded busludand
pedestrian elements. Traffic Idicate
circu-
lation
all patters
eproposedl ccessinpoints
to the development area,
(3) Parking facilities showing the
areas to be used for public and
private parking and the approximate
capacity of these,
(4) The proposed methods of buffering
the development area to adjacent
land uses shall be shown (walls,
fences, planting strips, open
spaces, etc.),
(5) The preliminary plan may set rea-
sonable parameters relating to use,
parking requirements, landscaping
access points and the footprint of
each building within the develop-
ment, A letter outlining a tenta-
tive time schedule for development
shall be submitted by the
owner/applicant.
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(6) The preliminary development plan
shall also show information of
general interest including legal
description of the tract, develop-
ment name, north point, scale,
date, approximate acreage and name
of owner. The preliminary plan
shall be drawn to a scale of not
less than one (1) inch to one
hundred (100) feet.
Sec. 27-38: Same - Preliminary plan fee,
A fee shall be paid at the time the
preliminary plan required by this divi-
sion is submitted to the city, in an
amount to be established by resolution.
Sec, 27-39. Procedure - Preliminary plan
approval.
Upon filing of the preliminary plan
required by this division the City Clerk
shall submit the plan to the City Man-
ager. The City Manager shall cause the
same to be examined in order to assure
compliance with the requirements of this
chapter and of all other applicable City
ordinances. The Planning and Zoning
Commission shall also study the prelimi-
nary plan and review the reports of the
City Manager and shall approve or refect
the same within forty-five (45) days
after the submission thereof to the City
Clerk, by filing their recommendation
with the clerk. If the commission does
not act within forty-five (45) days the
plan shall be deemed to be approved,
provided however, the applicant may
agree to an extension of time. The City
Council shall, after receiving the
recommendation of the Planning and
Zoning Commission, or after the time of
any extension thereof is passed for the
Commission to file its recommendation,
make tentative approval or rejection of
such preliminary plan. The approval of
the preliminary plan by the Council does
not constitute the approval of the de-
velopment but is merely an authorization
to proceed with the preparation of the
final plan based on the parameters set
in the preliminary plan. Approval of
the preliminary plan shall be effective
for a period of twenty-four (24) months
unless, upon written request of the
applicant, the council grants a twelve
(12) month extension of time. If the
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final plan is not filed with the City
Clerk within the period of time speci-
fied above, all previous action of the
j City with respect to the preliminary
plan shall be deemed to be null and
void. If a building permit has not been
issued within thirty-six (36) months of
the date of original preliminary plan
approval, a new preliminary plan must be
approved according to the procedures. of
Section 27.39.
In no case shall approval of the
prelimflit with an
zoning ordinance an . orimap cor have the
effect of nullifying the intent of this
division.
Sec. 27-40. •Requirements - Final plan.
Three . (3) copies of the proposed final
plan of a proposed large scale
non-residential development shall be
submitted shall be accompanied by:
(1) A signed statement of intent from
the developer including:
a. Evidence of ownership of the
property or options to purchase
or concurrence in the applica-
tion by the owner.
b. A description of the proposed
development.
C. An intended time schedule for
the completion of the develop-
ment.
(2) All instruments relating to pro-
posed easements and dedications of
land for Public uses (streets,
alleys, malls, arcades, parks,
etc.).
(3) A petition signed by the owner and
his/her spouse petitioning the city
council to pave any streets abut-
ting such tract, which petition
waives notice of time and place of
hearing and waives statutory pro-
tection and limitations as to cost
and assessment.
(4) An agreement providing that all
public improvements and installa-
tions shown on the plan, 'and re-
quired by the city, have been or
' will be made.
Sec. 27-41. procedure - Final plan.
The final plan shall meet all of the re-
quirements of Section 27-40 and shall be
specific within the parameters set by
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the approved preliminary plan. In the
event the finalplan submitted does not
deviate from the parameters of the
preliminary plan and review by the city
reveals that all plans and specifica-
tions for the construction of improve-
ments as required by the city have been
met, the the City
fMa ageinal r no bis shall / pp
herdesignee'
prior to issuance of a building permit
unless both the city and the owner waive
therequirement in writing. A final
Plan
which does not fall within the
parameters set by the preliminary plan
or which does not show compliance with
all applicable City ordinances shall
require approval according to procedures
set forth for preliminary plans in
Section 27-39. In no case shall ap-
provalctanthe y with preliminary
liminary or final plan
Y zoning ordinance or
imap.or have the effect of nullifying the
intent of this division.
Sec. 27-42. Same - Final plan fee.
A fee,in an amount to be established by
resolution,shall be paid at the time
the final plan, or a combination of
Preliminary and final plans, is submit-
ted to the city.
Sec. 27-43. Improvements.
(a) S ecifications. The type of con-
s ruc on an materials, the meth-
ods, the standards of a development
or improvement under this division
shall be equal to the current speci-
fications -of the city for like work.
Plans and specifications shall be
submitted to the City Manager for
approval prior to construction and
the construction shall not be
started until the plans and specifi-
cations have been approved.
(b) cti causeye installationMaonaerfg alishial
m-
provements to be inspected to ensure
I compliance with the requirements of
this division. The cost of such
inspection shall ;be borne by the
e the actual
CostlOfethe inspectioand shalln to the city.
(c) Streets and other ub11C wa s.
developments covered ier p by IthieaYsi
divi-
sion shall conform to the following;
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(1) The development shall make
provision for the continuation
and extension of streets as
required by the city and shall
conform to the Comprehensive
Plan.
(2) Streets carrying or which have
the potential of carrying
ciallynon-restruckitraffictraffishalisnot
normally be extended to the
boundaries of adjacent existing
and potential residential areas,
or connected to streets intended
for predominantly residential
traffic.
(3) Proposed points of access onto
public streets and ways shall be
shown.
Special requirements may be imposed
by the city with respect to street,
curb, gutter and sidewalk design and
construction when necessary to
accommodate unusual traffic condi-
tions created by the proposed devel-
reqent.. In the
uires extra widthevent streetshforcthe
continuation of arterial or collec-
tor streets (and not solely to
accommodate the traffic generated by
the proposed development), the city
shall pay for the excess pavement
required over that required for a
twenty-eight (28) foot local resi-
dential street. This excess shall
be considered a strip in the center
of the pavement. The cost of this
.shall be calculated by the city
engineering office.
(d) Sewers. The developer shall provide
to development with a sanitary
sewer system which shall connect
with the sanitary outlet approved by
the city manager. The sewer shall
extend to the development boundaries
as necessary to provide for the
extension of sewers by adjacent
property,. In the event the city
requires a sewer system which has a
capacity greater than is needed to
service the development itself, the
city shall pay on a pro rata basis
for the excess costs over that which
is necessary to service the develop-
ment itself. Other developments or
subdivisions which connect with such
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systems shall on a pro rata basis
reimburse the city for the cost of
the additional systems which shall
service that area.
(e) Storm drains. The developer shall
provide the development with ade-
quate drains, ditches, culverts,
complete bridges, storm sewers,
intakes and manholes to provide for
the collection and removal of all
surface waters. These improvements
shall extend to the boundaries of
the development as necessary to
provide for extension by adjoining
properties. In the event that the
city requires a storm drain system
which has capacity greater than is
needed to service the development
itself, the city shall pay on a pro
rata basis for the excess costs over
that which is necessary to service
the development itself. Other
developments or subdivisions which
connect with such system shall on a
pro rata basis reimburse the city
for the cost of the initial system
which shall service that area.
(f) Water. The developer shall provide
the development with a complete
water main supply system, including
hydrants, valves and all other
appurtenances which shall be ex-
tended to the boundaries of the
development as necessary to provide
for extension by adjoining proper-
ties and which shall be connected
to the municipal water system,
(g) Sidewalks. A four (4) foot wide
concrete sidewalk shall be provided
and shall be located pursuant to
Chapter 31 of this Code of Ordi-
nances.
Sec, 27-44. Building permits.
(a) No building permits will be issued
for a large scale non-residential
development until approval of the
final pian and ,attendant docu-
ments.
(b) if the developer knows the stages
or phases of his/her project at the
time of preliminary plan approval,
the supporting elements for each
phase may be specified by the
planning and zoning commission at
that time. Required buffering,
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parking and transportation facili-
ties, which were specified by the
planning and zoning commission as
being necessary to support the
stage or phase of the development
for which the building permit is
desired shall be included in the
building permit.
Sec. 27-45. Exceptions to division.
(a) Modification of re uirements. If
n the case of a part c- ar pro-
posed development, it can be shown
that strict compliance with the
requirements in this division would i
result in extraordinary hardship to
the developer because of unusual
topography, excessive costs, or
other non -self-inflicted condi-
tions, or that these conditions
would result in prohibiting the
achievements of the objectives of
this division, the planning and
zoning commission may vary, modify,
or waive general requirements so
that substantial justice may be
done and the public interest se-
cured, provided, however, that such
variance, modification or waiver
will not have an effect on
nullifying the intent and purpose
of this division.
(b) Limitations. No variation or
muff Tf rca ion shall be more than a
minimum easing of the general
requirements and in no instance
shall it be in conflict with any
zoning ordinance or map. Such
variations and waivers may be
granted by an affirmative vote of
the members of the commission. In
granting variations and modifica-
tions, the commission may require
such conditions as will in the
Judgment of the commission secure
substantially the objectives of the
requirements so varied and modi-
fied.
(c) Unusual plans. This division shall
not prec u e the approval of devel-
opment designs of an unusual type
if, in the opinion of the planning
and zoning commission, the general
and aesthetic merit, the preserva-
tion of natural and topographic
features and the prospective
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enhancement of the community would
warrant the waiving of technical
requirements as set forth in this
division.
(d) Council action. In all cases of
variance, mo —M cation or a waiver
of the general requirements it will
be necessary to have the city coun-
cil approve the same and note this
fact in the resolution approving
the development plan. The council
may also modify, vary or waive the
general requirements on its motion
for good reasons shown, even if the
planning commission refused to do
SO.
Sec. 27-46. Temporary buildings.
(a) Temporary buildings shall be exempt
from the provision of this chapter.
For the purpose of this chapter, a
temporary building shall be defined
as a structure which shall remain
on the site for less than (2)
years and its occupancy or use
shall be limited to services which
shall be performed temporarily for
the owner of the site, such as
construction. Temporary buildings
shall not be occupied by the
owner's personnel, or used to
conduct the owner's business or
activity.
(b) It shall be unlawful to occupy or
use the temporary building in
violation of this section or to
allow the building to remain on the
site beyond the two (2) years
specified herein. If special
circumstances require an extension
of the use, the building inspector
may grant an extension not to
exceed six (6) months.
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SECTION II. REPEALER: All ordinances and
parts of ordinances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION III. SEVERABILITY: If any sec -
ion, provision or par o the Ordinance
shall be adjudged to be invalid or uncon-
stitutional, such adjudication• shall not
affect the validity of the Ordinance as a
whole or any section, provision or part
thereof not adjudged invalid or unconsti-
tutional.
SECTION IV. EFFECTIVE DATE: This Ordi-
nance s a e n ettectafter its final
passage, approval and publication as
required by law.
Passed and approved this
YO
ATTEST:
CITY CLERK
lbahrnl 4 Approved
.37 Thu. We caa r§ .
NOTICE OF PUBLIC HEARING ON PROPOSAL TO
DISPOSE OF EXCESS CITY PROPERTY
TO WHOM IT MAY CONCERN:
You and each of you are hereby notified
that the City Council of the City of Iowa
City, Iowa, has heretofore adopted and
approvede-
claring Resolution
ringitsio
ntenttoenter in o a utual
Benefit Agreement pursuant to which the
City proposes to dispose of the following
described excess City property:
Commencing at the Northeast corner of
Outlot 33 in Iowa City which lies on
the west right-of-way line of Dubuque
Street; thence north along said Dubuque
Street right-of-way 30 feet to the
point of beginning; thence north along
said Dubuque Street right-of-way 85
feet; thence west parallel with the
north line of Outlot 33 of Iowa City to
the east line of the Iowa River; thence
southerly along the east side of the
Iowa River to a point; thence east
parallel with the north line of Outlot
33 to the point of beginning, subject
to an easement reserved in favor of the
University of Iowa for purposes of
installing and maintaining underground
lines upon the property for a Univer-
sity telephone system, and subject to
an easement reserved in favor of the
City of Iowa City for purposes of: (1)
constructing certain private improve-
ments in conjunction with the Dubuque
Street Improvement Project,
maintaining and reconstru )ingperatinexisting
t
City utilities on the property, and (3)
constructing, operating and maintaining
a riverbank walkway/bikeway over the
property if this walkway/bikeway is
part of a continuous system to the
south
by conveying same to the Phi Delta Theta
House Association of Iowa City, Iowa, in
exchange and in consideration of the
Association's conveyance to the City of a
20' x 180' strip of land abutting North
Oubuque Street in Iowa City.
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OF
ECEDING
DOCUMENT
NOTICE OF PUBLIC HEARING ON PROPOSAL TO
DISPOSE OF EXCESS CITY PROPERTY
TO WHOM IT MAY CONCERN:
You and each of you are hereby notified
that the City Council of the City of Iowa
City, Iowa, has heretofore adopted and
approved Resolution No. 86- 78 de-
claring its intent to enter to o a Mutual
Benefit Agreement pursuant to which the
City proposes to dispose of the following
described excess City property:
Commencing at the Northeast corner of
Outlot 33 in Iowa City which lies on
the west right-of-way line of Dubuque
Street; thence north along said Dubuque
Street right-of-way 30 feet to the
point of beginning; thence north along
said Dubuque Street right-of-way 85
feet; thence west parallel with the
north line of Outlot 33 of Iowa City to
the east line of the Iowa River; thence
southerly along the east side of the
Iowa River to a point; thence east
parallel with the north line of Outlot
33 to the point of beginning, subject
to an easement reserved in favor of the
University of Iowa for purposes of
installing and maintaining underground
lines upon the property for a Univer-
sity telephone system, and subject to
an easement reserved in favor of the
City of Iowa City for purposes of: (1)
constructing certain private improve-
ments in conjunction with the Dubuque
Street Improvement Project,
(2) operating,
maintaining and reconstructing existing
City utilities on the property, and (3)
constructing, operating and maintaining
a riverbank walkway/bikeway over the
property if this walkway/bikeway is
part of a continuous system to the
south
by conveying same to the Phi Delta Theta
House Association of Iowa City, Iowa, in
exchange and in consideration of the
Association's conveyance to the City of a
20' x 180' strip of land abutting North
Dubuque Street in Iowa City.
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You are further notified that a public
hearing on said matter will be held by the
City Council of the City of Iowa City,
Iowa, at its regular meeting to be held at
7:30 o'clock p.m. on the 25th day of
March, 1986, in the Council Chambers in
the Civic Center, 410 East Washington
Street, Iowa City, Iowa, at which time and
place all persons interested in said
matter will be given an opportunity to be
heard.
MARIAN K. KARR, CITY CLERK
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NOTICE OF PUBLIC HEARING
I Notice is hereby given that a Public
Hearing will be held on Tuesday, March 25,
1986, at 7:30 p.m. in the Council Cham-
bers, Civic Center, 410 E. Washington
Street, Iowa City, Iowa. 403A.28, State
Code of Iowa, requires this Public Hearing
prior to undertaking this housing project.
The Iowa City Housing Authority has ap-
plied for four (4) Section 8 Existing
Housing vouchers. These vouchers will be
utilized in conjunction with a Rental
Rehabilitation Program and the Section 8
Existing Program being pursued by the City
of Iowa City under the provisions of
Section 17 of the United States Housing
Act of 1937. If approved, these four
vouchers will be an extension of the
present Section 8 Housing Assistance
Payments program now administered by the
Iowa City Housing Authority. The units
may range in size from one to four bedroom
units and will be located within the
corporate limits of Iowa City. Eligible
families will pay 30% of family income for
rent. Funds for the Housing Assistance
Payments will be provided by the Depart-
ment of Housing and Urban Development.
The specific dollar amount is not known at
this time. For additional information,
contact the Housing Coordinator at
356-5138.
MARIAN K. KARR, CITY CLERK
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