HomeMy WebLinkAbout1986-10-07 Public hearing�V
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Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa, at
7:30 pm. on the 7th day of October, 1986, in the
Council Chambers of the Civic Center, Iowa City,
ower,An on the following iters:
1.1. ordinance to amend the Zoning Ordinance to
permit small animal clinics as a provisional use
in the CC -2 zone.
2. An a encknent to the Zoning Ordinance to clarify
the definition of roomer and of roaming unit.
3. Ph ordinance to amend the Plavied Oevelopent
hbusing Overlay zone to permit planned develop-
ment housing plans on tracts less than two acres
but greater than one acre.
Copies of the proposed anadnents are on file for
public ecamination at the Office of the City Clerk,
Civic Canter, Iove City, Iove. Persons wishing to
make their views known or to suggest changes for
City Council consideration before adoption of these
anendnents should appear at the hearing.
MQMN K. KAM, CIN CLERK
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CTDINANCE NO.
CMIN4NCE TO MM THE ZONING 0NDIN4NCE TO PERiIT
94ALL ANDA CLINICS IN TIE CC -2 ZONE.
intended WHEIVS, the Coity Coniercial zone (CC -2) is
Provide a ngjor business district can -
prised of a variety of retail goods and services for
a large regnant of the Immunity; and
WHMAS, smll aninal clinics provide a service
to a broad segneht of the population; and
WHWAS, the regulation of shall aninal clinics !
may be necessary to provide for the cmpatibility of !
this use with other uses.
NOW, %i UORE, BE IT RESOLVED BY TIE CM COIN -
CIL ff IQN CM that:
iSECTION I. AFpi mM'
1 following new sectim�y ended by adding the
(5.1) Clinic, snali anirml. An establishmnt
where thepreventim and treatment of diseases
and
injuries in smil donestic aninals is car-
ried out by a licensed veterinarian. For the
Purposes of this Chapter, this definition does
not include a kennel.
2. Section 36-19 is hereby Mended by adding the
following new section:
(c) Provisional uses.
(1) Snail ahiuml clinics, provided there
are no outside runs and the structure
Wing the clinic is not located J
within 200 feet of a residential zone.
SECTION II, REPEALER, All ordinances and parts of
—e n cm with the provisions of this
ordinance ore h�e�rb��y��e algid,
SECTION III. stYEleelLM. If any section, provi-
beainvalidd Or hnconstitutional,�suche adudi9� to
shall not affect the validity of the ardjnjmoeaazioa
whole or any section, provision or part hereof not
adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE COTE. This ordinance shall
pblicetion asareWired by law.
Passage, approval and
Passed and approved this
ATTEST:
CM CLEPo(
Received & Approved
BY The Legal D* rlroenl
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City of Iowa City
MEMORANDUM
Date: August 28, 1986
To: Planning and Zoning Commission VVV
From: Karin Franklin, Senior Planner
Re: Ordinance Amendments
Staff has identified a number of amendments to the Zoning Ordinance to
clear up ambiguities in language, correct grammatical errors, and attempt
to make the ordinance easier to use. A few of the amendments address
substantive issues. The staff will present proposals for amendments from
the list included in the work program reviewed in July. These proposals
will be placed on the agenda as staff and Commission time permits.
The agenda for September 2nd includes three ordinance amendments.
Small animal clinics: This amendment reflects the request received by
the Commission. The ordinance permits small animal clinics in the
CC -2 zoneThe clinics may not have outdoor runs nor can they be
kennels (i.e. breed, raise, andToard animals). Boarding is permitted
as part of the clinic operation. The clinic must be 200 feet from any
residential zone. The existing clinic on First Avenue will not be
made conforming if the 200 foot requirement is retained.
2. Rooming unit and roomer: The definition of rooming unit is amended to
prohibit facilities for cooking, making the definition consistent with
the Housing Code. The definition of roomer is amended to delete
reference to the rooming house operator as a family to which the
roomer is associated.
3. OPDH Zone: The draft is amended to provide a one -acre floor on the
applicability of the less than 2 acre provision; commercial and indus-
trial uses on tracts between one and two acres are prohibited; and the
calculation of density, (g)(2), is clarified to deduct private as well
as public streets.
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NOTICE OF RIBLIC FEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iova City, Iove, at
7:30 pm. on the 7th day of October, 1986, in the
Camcil Chambers of the Civic Center, Iova City,
Iove, on the following item:
1. Pn ordinance to aned the Zoning ordinance to
permit small animal clinics as a provisional use
in the CC -2 zone.
�9An anandnent to the Zoning Ordinance to clarify
the definition of roamer ard of rooning unit.
3. An ordinance to aned the Planned Developrent
Lbusing overlay zone to permit planned develop-
ment housing plans on tracts less than two acres
but greater than one acre.
Copies of the proposed wenduents are on file for
public examination at the office of the City Clerk,
Civic Center, I" City, Iow. Persons wishing to
peke their viewy known or to suggest charges for
City Cancil consideration before adoption of these
anedrots should appear at the hearing.
WRIAN K. KARR, CITY CLERK
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ORDINANCE NO.
ORDINANCE TO ffA 'DE ZONING ORDINANCE TO CLARIFY
THE CEFINITION OF MM UNIT.
NfERW, it is necessary to accurately define
certain terms and fiords used in the Zoning Ordinance
to provide a clear meaning and alleviate arbiguity;
and
WEREAS, the present definition of roaming reit
needs to be revisal to clarify that eating and
cooking facilities are not permitted within a mit;
and
WUM, the revised definition corrects the
arbiguity and, in addition, makes it consistent with
that of Chapter 11, Rbusirg, of the code of Ordi-
nances concerning rroanirg units.
dNOY'MME, ff IF Rso-VED BY iIE CITY cm -
CIL OF IONI CITY, TWT:
SECTION I. A 304MS.
T--3RTM--3PTFrM of the Code of Ordinances is
hereby anended by deleting said section ard
inserting in lieu thereof the following new
section:
(9) barna•. An occupant of a roaming house or
rooning unit who is not a mamba• of the
fanily occupying the dyellirg mit.
2. Section 30-4(r)(11) of the Cade of Ordinances is
hereby amended by deleting said section and
inserting in lieu thereof the following new
section.
(11) Rooming Lhit. Any habitable room or group
of adjoining habitable roans located
within a dwelling and forming a single
unit with facilities which are used, or
intended to be used, for living and sleep-
ing, but not fv cocidny. A rooming mit
shall have bath and toilet facilities
available for the exclusive use of the
mccrpants(s) or for camnmal use and, in
addition, the occupants my hue amm to
a cannel kitdm andAr dining nom.
SECTION II. REPEALER: All Ordinances and parts of
Manta n conflict with the provision of this
ordinance are hereby repealed.
SECTION III. SEVERABILITY: If any section, provi-
s c Orr s manna shall 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.
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Ordinance W.
Page 2
NSECTION IV. EFFECTIVE DATE: This ordinance shall
m effect after its final passage, approval and
publication as required by law.
Passed and approved this
A11EST:
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City of Iowa City
= MEMORANDUM -
e
Date: August 28, 1986
To: Planning and Zoning Commission /,�
From: Karin Franklin, Senior Planner
oKL
Re: Ordinance Amendments �D
Staff has identified a number of amendments to the Zoning Ordinance to
clear up ambiguities in language, correct grammatical errors, and attempt
to make the ordinance easier to use. A few of the amendments address
substantive issues. The staff will present proposals for amendments from
the list included in the work program reviewed in July. These proposals
will be placed on the agenda as staff and Commission time permits.
The agenda for September 2nd includes three ordinance amendments.
I. Small animal clinics: This amendment reflects the request received by
the Commission. The ordinance permits small animal clinics in the
zone.
e outdoor runs nor can thbe
kennels (i.e.Tbreed, iraise,naandToardy not vanimals). Boarding is permitted
as part of residential t from
dentialzonehe . operation.inic clinic bf Theexisting clinic on First Avenue wilfrlotabe
made conforming if the 200 foot requirement is retained.
0'L. Rooming unit and roomer: The definition of rooming unit is amended to
v prohibit facilities for cooking, makingthe definition consistent with
the Housing Code. The definition of roomer is amended to delete
reference to the rooming house operator as a family to which the
roomer is associated.
3. OPOH Zone: The draft is amended to provide a one -acre floor on the
applicability of the less than 2 acre provision; commercial and indus-
trial uses on tracts between one and two acres are prohibited; and the
calculation ofdensity, (g)(2), is clarified to deduct private as well
as public streets.
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NOTICE OF RIR.IC [FARING
Notice is hereby given that a public hearing will
be held by the City Council of IOwe City, lova, at
7:30 pm. on the 7th day of October, 1986, in the
Council Ombers of the Civic Center, Iona City,
Iowa, on the following iters:
I. Al ordinance to ared the Zoning ordinance to
permit shall animal clinics as a prwisional use
in the CC -2 zone.
2. An anadrent to the Zoning Ordinance to clarify
the definition of roam and of mooing unit.
3: An ordinance to anal the Planned oevelopnent
Housing Overlay zone to permit planned develop-
ment honairgplans on tracts less than two acres
but greater than one acre.
Copies Of the proposed arednents are on file for
public exanination at the Office of the City Clerk,
Civic Canter, Iowe City, Iawe. Persons wishing to
make their views known or to suggest changes for
City Council consideration before adaption of these
anadrents should appear at the hearing.
WULIAN K. KARR, CITY CLERK
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City of Iowa City
MEMORANDUM
Date: October 2, 1986
To: City Council
From: Karin Franklin, Senior Planner'
Re: Amendment of the Planned Development Housing Overlay (OPDH) Zone
The amendment to the OPDH zone before the Council is designed to clearly
express the intent of the ordinance, to expand its applicability, and to
permit administrative approval of final plans. A Planned Development
Housing Plan is an overlay zone on existing residential zoning which
permits housing types which differ from traditional detached single-family
housing and requires that the underlying density restrictions be met.
Section 36-47(a) and (b) express the purpose and intent of the zone; these
sections are not present in the current ordinance. In subsection (c) the
applicability of the ordinance is broadened to include developments on
tracts less than two acres in size but more than one acre. The current
ordinance permits planned developments only on tracts of two acres or
more.
Under the proposal, tracts which are less than two acres must also meet
the parameters set out in subsection (c)(2). These parameters are in-
tended to restrict usage of an OPDH to only those properties which cannot
be reasonably developed through conventional development due to at least
one of the factors noted. Additional requirements and standards are also
applied to the less than two acre OPDH plans. These requirements are
listed in Section 36-48(h), p.4-6. The intent of these additional re-
quirements is to insure extensive review and notice to surrounding prop-
erty owners to achieve the maximum degree of compatibility between the
planned development and the existing residences. The Planning and Zoning
Commission wished to provide an incentive for infill development and de-
velopment which recognized the value of natural features while safe-
guarding the integrity of single-family residential neighborhoods. The
standards for the less than two acre OPDH plans have been reviewed by the
Legal staff; they have expressed some reservation about possibly requiring
joint use of private open space, Section 36-48(h)(4)(c), p.6.
The final significant feature of this ordinance amendment is the provision
for administrative approval of the final plan. This provision is very
similar to that adopted as part of the new Large Scale Non -Residential
Development (LSNRD) regulation. Preliminary approval of an OPDH is done
by ordinance with full review and public hearings by the Planning and
Zoning Commission and the City Council. This review process would not
change. Currently, final plan approval is done by resolution of the
Council after Commission review. Any major changes require readoption by
ordinance. In most instances, the final plan duplicates the preliminary
since the preliminary sets the zoning and permits the developer to begin
construction of the streets and sewer and water lines. With the proposed
administrative approval of the final plan, processing time would be saved.
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If major changes such as the re -orientation of buildings or changes in
critical buffering were made, the plan would require review and approval
by the Commission and the Council as if it were a new plan.
This ordinance has been discussed and carefully considered by the Planning
and Zoning Commission for nearly a year. It comes to the Council with a
vote for approval of 7-0.
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City of Iowa City
=
MEMORANDUM
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Date: August 28, 1986 To: Planning and Zoning Commission /,�.
From: Karin Franklin, Senior PlanneroY�
Re: Ordinance Amendments �D
Staff has identified a number of amendments to the Zoning Ordinance to
clear up ambiguities in language, correct grammatical errors, and attempt
to make the ordinance easier to use. A few of the amendments address
substantive issues. The staff will present proposals for amendments from
the list included in the work program reviewed in July. These proposals
will be placed on the agenda as staff and Commission time permits.
The agenda for September 2nd includes three ordinance amendments.
I. Small animal clinics: This amendment reflects the request received by
the Commission. The ordinance permits small animal clinics in the
CC -2 zone. The clinics may not have outdoor runs nor can they be
kennels (i.ebreed, raise, and-6oard animals). Boarding is permitted
as part of the clinic operation. The clinic must be 200 feet from any
residential zone. The existing clinic on First Avenue will not be
made conforming if the 200 foot requirement is retained.
2. Rooming unit and roomer: The definition of rooming unit is amended to
prohibit facilities for cooking, making the definition consistent with
the Housing Code. The definition of roomer is amended to delete
reference to the rooming house operator as a family to which the
roomer is associated.
�OPDH Zone: The draft is amended to provide a one -acre floor on the
applicability of the less than 2 acre provision; commercial and indus-
trial uses on tracts between one and two acres are prohibited; and the
calculation of density, (g)(2), is'clarified to deduct private as well
as public streets.
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ORDINANCE NO.
AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH) ZONE TO
PERMIT OPOH PLANS ON TRACTS OF LESS THAN TWO ACRES AND TO PERMIT ADMINISTRA-
TIVE APPROVAL OF FINAL PLANS.
WHEREAS, the OPDH zone is established to permit flexibility in the use and
design of structures and land in situations where conventional development
may be inappropriate; and
WHEREAS, the Planning & Zoning Conmission and the City Council find it appro-
priate to permit the use of OPOH zoning on properties less than two acres
meeting certain specifications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
SECTION I. AMENDMENTS. Section 36-47 of the Code of Ordinances is amended.
y e e ng safds—ectTon and inserting in lieu thereof the following:
Sec. 36-47. Planned Development Housing Overlay (OPD -H) Zone
(a) Purpose. The OPD -H zone is established to permit flexibility in the
use and design of structures and land in situations where conven-
tional development may be inappropriate and where modifications of
requirements of the underlying zone will not be contrary to the
intent and purpose of the Zoning Ordinance, inconsistent with the
Comprehensive Plan nor harmful to the neighborhood in which they are
located.
(b) Intent. The intent of the PDH regulations is to:
(1) Provide flexibility in architectural design, placement and
clustering of buildings, use of open space, provision of circu-
lation facilities and parking, and related site and design con-
siderations;
(2) Encourage the preservation and best use of existing landscape
features through development sensitive to the natural features
of the surrounding area;
(3) Promote efficient land use with smaller networks of utilities
and streets;
(4) Encourage and preserve opportunities for energy efficient devel-
opment;
(5) Promote an attractive and safe living environment which is
compatible with surrounding residential developments; and
(6) Provide an alternative method for redeveloping older residential
areas and to encourage infill development.
(c) Applicability. Planned development housing shall be permitted in R
zones as follows:
(1) For an undeveloped area of land of two (2) acres or more.
(2) For development of areas of land containing less than two (2)
acres but more than one acre, where, because of environmentally
sensitive areas, or existing natural features, or the land is
completely surrounded by development, or the age of existing
development or scenic assets, such development is more appropri-
ate and more efficient than conventional development (see Sec-
tion 36-48(h) for specific standards relating to developments of
less than two acres).
Sec. 36-48. Same -Regulations.
(a) Preliminar PDH Ian. The owner of an area of land meeting the
requ remen s o ec. 36-47(c), who wishes to develop in accordance
with the provisions of this section, shall submit to the City Clerk
six (6) copies of a preliminary PDH plan and application for prelimi-
nary approval. The preliminary PDH plan for the use and development
of the area of land shall list all requested variations from require-
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ments of the particular zone in which the tract of land is located.
The preliminary PDN plan may show a range of dimensions and need not
have the specificity of the final plan.
The application shall be accompanied by the following:
(1) A location map affixed to the plan.
(2) A preliminary PON plan of the proposed development drawn to
scale of 1" = 100', showing:
a. Contours at five (5) foot intervals or less.
b. Approximate location of all proposed streets.
c. Proposed uses of the land.
d. Number of dwelling units proposed for the planned develop-
ment.
e. Proposed general arrangement of the buildings.
f. Location and area of proposed open space areas (either to be
i held in common or publicly, and whether to be used for
active recreation purposes or only as an environmental
amenity).
g. Sketches to indicate the general design of building types
and the overall character of the development.
h. Legal description of the planned development.
(3) A fee in such amount as may be established from time to time by j
Resolution.
(b) Preliminary POH plan approval. Approval of a preliminary PDN plan
sha e y gr nance n accordance with the procedures set for in
Sec. 36-88, Amendment of Ordinance. Approval of the zoning of the
land to an OPD -H zone shall constitute approval of the plan. A
preliminary PON plan shall be valid for no more than 24 months,
unless specifically provided otherwise in the OPD -H approval ordi-
nance. If no building permit has been issued for the development
within the 24 month period, the area of land to which the PDH ordi-
nance applied may be considered by the City for rezoning. Prelimi-
nary or final OPD -H plans approved prior to the date of adoption of
these regulations shall not be subject to this provision.
(c) Report of Planning and Zoning Commission. Upon completion of review
of the preliminary elin plan of the a pinned development, the Commis-
sion shall recommend either approval or denial of the plan and shall
make a written report of its findings to the City Council to substan-
tiate its recommendations. The findings shall deal with the follow-
ing: that the variances in setbacks, lot area requirements, building
heights, building types, sizes of buildings, and the combination of
land uses will be in the public interest, in harmony with the pur-
poses of this chapter and other building regulations of the City and
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will not adversely affect nearby properties; and that the parking
requirements of this chapter otherwise prevailing in the zone have
not been reduced.
(d) Chan es in a roved reliminar PDH plan. Material changes in an
approve pre iOnvary p an s a e subject to the approval proce-
dures set forth in Section 36-48(b) A material change is any change
in the use or character of the development from the use or uses shown
on the preliminary PDH plan, and any dimensional change beyond the
ranges specified on the preliminary plan.
(e) Final PDH plan. Applications for approval of the final PDH plan
shall meet a of the requirements of the preliminary PDH plan and
meet the documentation specifications of the subdivision and large
scale residential development regulations where applicable. A fee in
such amount as may be established from time to time by Resolution
shall be paid at the time the final plan is submitted to the City
Clerk.
For an area of land less than two (2) acres the final PDH plan shall
also include the following:
(1) Building elevations and floor plans for all structures.
(2) Details of materials to be used for external construction.
(3) A landscape plan including screening and buffering between the
proposed and existing development.
(f) Final PDH plan of subarea. After preliminary approval of the entire
planned eve opmen s given I
ven, a final plan of a segment or subarea
within the planned development may be approved if:
(1) The plan of the subarea meets all requirements of a final plan.
(2) The dwelling unit density within the subarea does not exceed the
dwelling unit density allowable for the least restrictive use
for that area under existing zoning.
(3) The subarea can function as an independent development unit with
adequate access, services, utilities, open space, etc.
(4) The developer dedicates all public rights-of-way necessary to
support the subarea.
(5) The subarea is more than two (2) acres in size.
(g) General requirements.
Planned developments shall meet the following criteria:
(1) Land uses. Combinations of land uses including single family,
multi -family and commercial uses are permitted, and variations
in building setback and lot area requirements as called for in
this Chapter may be approved for planned developments. (Commer-
cial uses are not permitted in PDH plans on less than two
acres.)
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(2) Dwelling unit density. The overall dwelling unit density (based
upon total land area minus public and private street right-of-
way area within the planned development) may be computed on the
basis of that permitted for the least restrictive use, depending
upon the character of the development which would be allowed
under the applicable zoning classifications(s).
(3) Open space. Planned developments shall take into consideration
the need to provide open space for recreational purposes and to
enhance the general character of the area.
a. In the event the open space land is to be retained under
private ownership, the developer must submit a legally
binding instrument setting forth the procedures to be fol-
lowed in maintaining the areas and the means for financing
maintenance costs. Generally, such costs shall be shared by
all owners of property located within the planned develop-
ment, with unpaid costs becoming a lien on individual prop-
erties.
b. All proposed dedications of land for public use, including
that to be dedicated for recreational use, shall be approved
In writing by appropriate departments of the City prior to
approval of the plan by the Commission. All land dedica-
tions for public use shall conform to the requirements of
city ordinances.
(4) Ownership. At the time of approval of a preliminary PDH plan,
the developer must submit evidence of ownership of the property
to be developed or show evidence of legally binding executed
option agreements for purchasing all of the property.
(5) Dedication of public right-of-way. All proposed dedications of
land for public use, including that to be dedicated for recrea-
tional use, shall be approved in writing by appropriate depart-
ments of the City prior to approval of the plan by the
Commission. All land dedications for public use shall conform
to the requirements of city ordinances.
(6) Streets. Planned developments shall make provision for con-
tinuation and extension of streets and shall be done in accor-
dance with current city standards.
(7) Schedule of completion. A developer or sponsor of a planned
development shall be required to submit a signed statement
generally describing the proposed development and setting forth
an intended time schedule for the completion of various phases.
(h) Additional requirements and standards for PDH on areas of
No PDH plan for an area containing less than two acres shall be
approved before the following prerequisite is met and which does not
conform to the following standards:
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(1) Prerequisite to consideration:
Prior to submitting a preliminary plan, the owner/developer
shall notify all property owners within 600 feet of the proposed
development, of the proposed project, and shall meet with as
many property owners as possible to discuss the project. The
owner/developer shall submit to the Department of Planning and
Program Development a list of property owners, obtained from the
Assessor's Office, to whom notice was sent. Documentation of a
meeting with these people shall be submitted to the Planning and
Zoning Comnission.
(2) General standards:
(a) The..density and design of the PDH shall be compatible in
use, size and type of structure, relative amount of open
space, traffic circulation and general layout with adjoin-
ing land uses, and shall be integrated into the neighbor-
hood.
I (b) The development shall not overburden existingstreets and
utilities.
(c) The development shall not adversely affect views, light and
air, property values and privacy of neighboring properties
any more than would a conventional development.
(3) Specific standards:
(a) Land coverage: Maximum land coverage for all buildings in
the development shall not exceed 35% of the total land area
minus street right-of-way area.
(b) Open space: At least 35% of the total land area minus
public and private street right-of-way area shall be open
space. At least 50% of the required open space shall be
suitably improved by the owner/developer for its intended
purpose, such work to be completed before any occupancy
certificate may be issued for the development. The remain-
ing 50% of required open space may be left unimproved,
particularly if natural features worthy of preservation
exist on the site. (Open space means land area of the site
not covered by buildings, parking or vehicular maneuvering
areas, but including storm water detention basins, recrea-
tional and pedestrian areas and private yards, if any.]
(c) Dimensions: There shall be no minimum dimensional require -
merits except for setbacks required by the Uniform Building
Code and at the perimeter of the development where setbacks
shall be, at a minimum, those required for adjacent proper-
ties.
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(d) Siting and design: Multi -family structures located adja-
cent to existing single-family dwellings must be sited,
landscaped and screened by natural features and plant
materials to harmoniously integrate the PDH with the sur-
rounding neighborhood.
(e) commercial or institutional uses shall be prohibited.
(4) Other conditions may be required, if found necessary to protect
and promote the best interests of the surrounding property or
the neighborhood. These conditions may include but are not
limited to, the following:
(a) Improvement of traffic circulation for vehicles and pedes-
trians in the proposed development and adjoining properties
and streets.
(b) Specific landscaping requirements to maintain privacy or
reduce impacts on adjoining properties.
(c) Joint use of private open space or amenities by adjoining
property owners.
(i) Final an a roval. Final approval of any PDN plan shall be by
a m n s rat ve rev ew. Approval shall be based on compliance with an
approved preliminary PDH plan and any modifications required by the
Commission and Council at the time the land was zoned to OPD -H. After
approval of the final plan, permits may be issued to carry out the
approved plan. Material changes to an approved PDH plan must be
approved by ordinance in accordance with the procedures set forth in
Sec. 36-48(b) Amendment of Ordinance. Material changes are the same
as those specified in Section 36-48(d).
(j)utlldin ermits. The final plan, or parts thereof as finally ap-
prove , s a e filed in the building official's office and building
permits may be issued only for structures conforming to the PDH plan.
Minor changes in building arrangements that do not substantially
alter the character of the development are allowable without further
Council action. Any other changes, including changes in street
locations, land use and building arrangements, shall be considered as
material changes to the approved plan, to be approved as amendments
in accordance with the procedures set forth in Section 36-48(b).
In the event commercial uses are approved as a part of a planned
development, no building permit or a commercial use shall be issued
until a minimum of 25% of the housing units planned for the area (or
approved subarea) have been completed or unless 25% of the housing
units planned for the area (or approved subarea) will be built simul-
taneously. (Separate building permits shall be obtained by the
developers for the construction of housing and commercial uses where
separate buildings are to be used.)
Secs. 36-49 - 36-52. Reserved.
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Ordinance No.
SECTION II. REPEALER: All ordinances and parts of ordinances in conflict
Wt t e prov Ston of this ordinance are hereby repealed.
SECTION III. SEVERABILITY: If any section, provision or part of the Ordi-
nances a e a u g o 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 uncohstitutional.
SECTION IV. EFFECTIVE DATE: This Ordinance shall be in effect after its
final passage, approval and publication as required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Received A Apptoveq
By T uWl Do eht
/G3�
fi
t
8°
Printers fee i'
CERTIFICATE OF PUBLICATION
STATE OF IOWA. Johnson County.=..
THE IOWA CITY PRESS -CITIZEN
1 I.
Bronwyn S. Van Fossen. being duly
sworn, say that I am the cashier of the
IOWA CITY PRESS -CITIZEN, a news-
paper published in said county, and that
a notice, ■ printed copy of which is
hereto attached, was published in said
Paper G_ time(s), on the fol -
owing date sl:
Subscribed and sovorn to before me
thissaff— Iday' of f A.D.
199.
NotaryPublic
SHARON STUBBS.
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ami' 6 Asst MM m orsmt At aocanz' .
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•`16140 yOR(+a/yeM:l of Nbs aNi tt�tF b rn ,
7:x)P^M 'Nla dWor I%�'%
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ntNi P-Wov toutd at 19 Bn stria an
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WILLIAM L.MEARDON
WILLIAM F. SUEPPEL
ROBERT N. DOWNER
JAMES P. HAYES
JAMES D.MCCARRAGHER
THOMAS J. CILEN
MARK T. HAMER
THOMAS D. HOBART
MARGARET T. LAINSON
DOUGLAS O. RUPPERT
PAUL J. MCANDREW, JR.
MEARDON, SUEPPEL, DOWNER & HAYEs
LAWYERS
122 SOUTH LINN STREET
IOWA CITY, IOWA 52240
Mr. Richard J. Boyle
First Assistant City Attorney
Civic Center
420 East Washington
Iowa City, Iowa 52240
Dear Dick:
October 7, 1986
RE: William L. Dull
Property at 19 Evans Street, Iowa City, Iowa
TELEPHONE
338-8222
AREA CODE 318
This letter will confirm our telephone conversation of earlier
today in which I indicated that Dr. Dull does not desire to pursue further
his request for rezoning of the property at 19 Evans Street nor does he
desire to continue to seek a revision of the RNC -20 zoning classification
so as to permit profession office uses therein.
Dr. Dull has leased office space in the builsing at 321 East
Market Street in Iowa City and will be moving his office to that location
no later than November 15, 1986, following construction of necessary lease-
hold improvements.
I would appreciate it if you could convey to the City Council
for me my appreciation for the time that they have spent in considering
this matter and my apologies for conveying this matter to the Council at
the eleventh hour. Dr. Dull has only very recently firmed up his arrange-
ments for occupancy of this space.
Parenthetically, it is still my opinion that the proposed ordinance
changes, which would allow very limited office uses in the RNC -20 zone makes
sense, particularly with a spacing requirement such as was proposed by
Professor Vandervelde. Although the point is perhaps moot with Dr. Dull's
withdrawal of his application, I still believe that the idea is worthy of
consideration.
I
f
I
1
�I
WILLIAM L.MEARDON
WILLIAM F. SUEPPEL
ROBERT N. DOWNER
JAMES P. HAYES
JAMES D.MCCARRAGHER
THOMAS J. CILEN
MARK T. HAMER
THOMAS D. HOBART
MARGARET T. LAINSON
DOUGLAS O. RUPPERT
PAUL J. MCANDREW, JR.
MEARDON, SUEPPEL, DOWNER & HAYEs
LAWYERS
122 SOUTH LINN STREET
IOWA CITY, IOWA 52240
Mr. Richard J. Boyle
First Assistant City Attorney
Civic Center
420 East Washington
Iowa City, Iowa 52240
Dear Dick:
October 7, 1986
RE: William L. Dull
Property at 19 Evans Street, Iowa City, Iowa
TELEPHONE
338-8222
AREA CODE 318
This letter will confirm our telephone conversation of earlier
today in which I indicated that Dr. Dull does not desire to pursue further
his request for rezoning of the property at 19 Evans Street nor does he
desire to continue to seek a revision of the RNC -20 zoning classification
so as to permit profession office uses therein.
Dr. Dull has leased office space in the builsing at 321 East
Market Street in Iowa City and will be moving his office to that location
no later than November 15, 1986, following construction of necessary lease-
hold improvements.
I would appreciate it if you could convey to the City Council
for me my appreciation for the time that they have spent in considering
this matter and my apologies for conveying this matter to the Council at
the eleventh hour. Dr. Dull has only very recently firmed up his arrange-
ments for occupancy of this space.
Parenthetically, it is still my opinion that the proposed ordinance
changes, which would allow very limited office uses in the RNC -20 zone makes
sense, particularly with a spacing requirement such as was proposed by
Professor Vandervelde. Although the point is perhaps moot with Dr. Dull's
withdrawal of his application, I still believe that the idea is worthy of
consideration.
I
WILLIAM L.MEARDON
WILLIAM F. SUEPPEL
ROBERT N. DOWNER
JAMES P. HAYES
JAMES D.MCCARRAGHER
THOMAS J. CILEN
MARK T. HAMER
THOMAS D. HOBART
MARGARET T. LAINSON
DOUGLAS O. RUPPERT
PAUL J. MCANDREW, JR.
MEARDON, SUEPPEL, DOWNER & HAYEs
LAWYERS
122 SOUTH LINN STREET
IOWA CITY, IOWA 52240
Mr. Richard J. Boyle
First Assistant City Attorney
Civic Center
420 East Washington
Iowa City, Iowa 52240
Dear Dick:
October 7, 1986
RE: William L. Dull
Property at 19 Evans Street, Iowa City, Iowa
TELEPHONE
338-8222
AREA CODE 318
This letter will confirm our telephone conversation of earlier
today in which I indicated that Dr. Dull does not desire to pursue further
his request for rezoning of the property at 19 Evans Street nor does he
desire to continue to seek a revision of the RNC -20 zoning classification
so as to permit profession office uses therein.
Dr. Dull has leased office space in the builsing at 321 East
Market Street in Iowa City and will be moving his office to that location
no later than November 15, 1986, following construction of necessary lease-
hold improvements.
I would appreciate it if you could convey to the City Council
for me my appreciation for the time that they have spent in considering
this matter and my apologies for conveying this matter to the Council at
the eleventh hour. Dr. Dull has only very recently firmed up his arrange-
ments for occupancy of this space.
Parenthetically, it is still my opinion that the proposed ordinance
changes, which would allow very limited office uses in the RNC -20 zone makes
sense, particularly with a spacing requirement such as was proposed by
Professor Vandervelde. Although the point is perhaps moot with Dr. Dull's
withdrawal of his application, I still believe that the idea is worthy of
consideration.
f1f:
I
f
t i;
f1f:
I
T
Mr. Richard J. Boyle
Page 2
October 7, 1986
Ordinarily I would intend to be present personally to present
this withdrawal. However, I do have a very important conflict this evening,
as Mayor Ambrisco is aware, and therefore am taking this means of communicating
this withdrawal to the Council and the Citv staff.
RND:
cc: Dr. William L. Dull MD
l
- --
Mr. Richard J. Boyle
Page 2
October 7, 1986
Ordinarily I would intend to be present personally to present
this withdrawal. However, I do have a very important conflict this evening,
as Mayor Ambrisco is aware, and therefore am taking this means of communicating
this withdrawal to the Council and the Citv staff.
RND:
cc: Dr. William L. Dull MD
/6 35-
- --
/6 35-
RESOLUTION NO-
RESOLUTION
SETTING
FORTH
REASONS
STREET R THE DENIAL OF REZONING OF
PROPERTY
WHEREAS, or. William Dull has submitted an application to rezone property
located at 19 Evans Street from RNC -20 to CO -1; and ment analyzed the
WHEREAS, the Department of Planning and Program Develop
application in its Staff Report dated August 7, 1986, and recommended
denial of the application, and
on August 21, 1986, the Planning and Zoning Commission, °n an
five
WHEREAS, voted none in favor,
affirmative motion
the follo recing recommend
the rezoning,
against,
1. It is inconsistent with the City's Comprehensive Plan;
of zoning, by zoning the sub -
2. The request would constitute illega spot
ermitted on
ject property to permit uses different from the uses p
adjacent properties;
3. The proposed rezoning is atible�
se
terns and would be 7°with the huse established
su
enjoyment of sur
ro e
rounding residential properties; and
WHEREAS, the City Council has examined the report of the Commission acf
Planning and Program Development% and Planning and Zoning
tion, and concurs with their findings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
THAT:
The application to rezone property located at 19 Evans Street from RNC -2
to CO -1 is disapproved on the basis of the following: as set forth in
I. It isinc1983 onsistent
with
the Cit's Plan Update. comprehensive
Plan,
ive
and
2. The request would constitute illegal spot zoning;
sting residen-
to the
tial area is inconsistent with established land use patterns, and such
3, Permitting the encroachment ble with fthe euse eand nenjoyment iof surrounding
uses would be incompatible
residential prof
14,565-
J -
It was moved by and seconded by
tion be adopted, an upon ro 75all there were:
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
COURTNEY
DICKSON
MCDONALD
STRAIT
_ ZUBER
Passed and approved this day of , 1986.
MAYOR
ATTEST:
GI1Y CLERK
the Resolu-
i
Received S Approved
.By The Legal Deparb"Wy
91
I
the Resolu-
i
Received S Approved
.By The Legal Deparb"Wy
91
ORDINPNCE N0. I
AN ORDINANCE AhESDING THE ZONING ORDINANCE BY CWIG-
ING M USE REGULATIONS OF CERTAIN PROPERTY LOCATED
AT 19 EVANS STILT FMI RNC -20 TD CO -1.
BE IT ORDAINED BY TIL: CITY COUNCIL OF TIE CITY OF
IOWA CITY, IOWA:
SECTION I. ZONING AhEEMENT. That the property
described below is hereby reclassified from its
present classification of K-20 to CO -1:
See Exhibit "A".
SECTION II. ZONING NAP. The building inspector
is herety authorized directed to change the ;
zoning map of the City of Iowa City, Iowa, to con-
form to this amerdnent upon the final passage,
approval and publication of this ordinance as pro-
vided by law.
SECTION III. CERTIFICATION AND RECORDING. The
City Clerk is hereby authorized and directed to I
certify a copy of this Ordinance which shall be
recorded at the office of the County Recorder of
Johnson County, Iowa, upon final passage and publi-
cation as provided by law.
SECTION IVr REPEALER. All ordinances and parts
of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, pro-
vision or part of this UFMnance shall 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 n effect after its finalpassage, approval
and publication as required by law.
Passed and approved this
VAYOR
ATTEST:
MY CUM
Received 8 Approvm
By The Legal Depari7nent
_�
Vit B6
EXHIBIT A
j That part of Block Foui (4), J.N. Clark's- Addition to Iowa City, Iowa, shown in Plat Book :.
page 213, in the Recorders Office of Johnson County, Iowa, included in the following
boundary: Beginning- at a point along the west line of Evans Street, 102 feet north from tt
corner of the west line of Evans Street and, the north line 'of Iowa Avenue, thence west
119, feet, thence north 108.2 feet to the center of Ralston Creek, thence along the center ci,
Ralston Creek in•a northeasterly direction to the west line' Of Evans Street, thence south
129.8 feet to the point of beginning.
Also an easement for sewer purposes 20 feet wide, being 10 feet on each side of the sewer
line serving the above-described premises, as located and shown on the plat of survey of
part of Outlot 1, Lot 12, 13, and 14, of S.M. Clark's Subdivision, Iowa City, Iowa, recorder'
in Plat Book 4, page 384, Recorder's Records of Johnson County, Iowa, except as hereinafter+
limited, said easement being over, across, and under the following -described real estate
situated in Johnson County, Iowa, to wit, Commencing at a point 140 feet north and 4 feet
west of the southwest corner of Lot 13 in Sophia M. Clark's Subdivision of part of the
Northwest Quarter 6f -the Southwest Quarter of Section 11, Township 79 North, Range 6 west
of the Sth P.M:, according to the plat thereof recorded in Plat Book 1, page 31,Plat Record
of Johnson County, Iowa, thence east 174 feet to a point 10 feet east of the west line of
Lot 11 in said Subdivision, thence north.100 feet to the north line of said Lot 11, thence
east 100 feet, thence north 106.8 feet to the south line of the right of way of the Chicago,,
Rock Island and Pacific Railroad Company, thence northwesterly along the southerly line of
said right of way to a point due north of•the point of beginning, thence south 239.6 feet
to the place of beginning. The width of this easement is hereby restricted to less than
20 feet at such points where the sewer passes close -to existing 'buildings on,said premises i
to that the, easement will not encroach *upon the space occupied by said buildings. This
easement is granted solely for the purpose of 'providing access for the maintenance; repair
and reconstruction of the existing sewer line serving the premises first above described,
and the grantee and his heirs' and assigns shall restore the surface of the easement after
any such maintenance, repair or reconstructidn to the same condition as it wastfound.by the
grantee prior to such maintenance, repair or reconstruction.
903 East College
Iowa City, Iowa 52240
5 October 1986
To Whom It May Concern:
o
It is our understanding and that of the College:
Park Neighborhood group that the RNC 20 Zoning
designation addressed our need for lower density,
less parking, less noise, and the maintenance of
aesthetic quality. We do not think that Dr. Dole's
house, which has been remodeled for an office, in-
fringes on or compromises this zoning regulation.
Pa
Sherman Paul
V OL E6 0
b� 6 9198
MCRI1AC ERKK. ARR
/6 3S