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HomeMy WebLinkAbout1986-11-04 Ordinance5Ll ORDINANCE NO. 86-3301 ORDINANCE TO RUD THE ZONING ORDINANCE TO PERIrT SMALL ANIMAL CLINICS IN THE CC -2 ZONE. intended WWJZEASS, the Camunity Camiercial zone (CC -2) is provide a major business district can - prised of a variety of retail goods and services for a large segnent of the camemity; and a S, snall animal clinics provide a service to broad segreit of the population; and WHEREAS, the regulation of snall animal clinics may be necessary to provide for the canpatibility of this use with other uses. NOW, THEREFORE, BE IT FESOLVEO BY THE CITY COW - CIL OF IOWA CITY that: SECTION I. ANENMTS. on c is hereby amended by adding the following new section: (5.1) Clinic, mall animal. An establishment where the prevention and treabnent of diseases and injuries in sell danestic Wimals 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 arrnended by adding the following new section: (c) Provisional uses. (1) Sall animal clinics, povided there are no outside rums and the structure housing the clinic is not located within 200 feet of a residential zone. SECTION II. REPEALER. All ordinances and parts of Zmantes n con with the provisions of this ordinance are herby algid. SECTION III. SEVERI�ILIlY. If any section, provi- sion or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a Whole on any section, provision or part thereof not adjudged invalid or unconstitutional: SECTION IV. EFFECTIVE NATE. This ordinance shall n ec e a na passage, approval and publication as required by law. PasBsed and approved th 4th day of November MAY_ ATTEST: / G11Y CLEW Received $ Approved BY The LcYNaI DerhrrM '_vyC(J 9 v9 �! 1719 `I McDonald and seconded by Zuber + It was moved by ed and upon roll ca t ere were. that the Ordinance as rea e a op AYES: NAYS: ABSENT: AMBRISCO X BAKER X COURTNEY DICKSON MCDONALD X STRAIT X ZUBER X First consideration A e5.21186er, Courtney, Dickson, McDonald, Vote for passage: y None. Absent: Strait. Zuber, Ambrisco. Nays: Second consideration Vote for passage i I Date published 11/12/86 Moved by McDonald, seconded by Zuber, that the rule requiring ordinances to be consideredand Voted rior to the n for passage at two Council meetings prior be meeting at which it is to be finally p suspended, the second consideration finalewaived passage at d the ordinance be voted upon forZuber, Ambrisco, this time. Ayes: McDonald, Strait, None. Absent: None. Baker, Courtney, Dickson. Nays: cc' J ORDINANCE NO. 86-3302 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 OPOH 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 Commission and the City Council find it appro- priate to permit the use of OPDH 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 Ey e e n'said section and inserting in lieu thereof the following: /7 f, M7 IM Sec: 36-47. Planned Development Housing Overlay (OPD -H) Zone (a) Pur os e: The OPD -H zone is established to permit flexibility in the use an 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. I (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 i (6) Provide an alternative method for redeveloping older residential areas and to encourage infill development. (c) A licabilit : Planned development housing shall be permitted in R zones as o ows: (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 P�OH lan: The owner of an area of land meeting the requirements of Sec. 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 - IM -2- ments of the particular zone in which the tract of land is located. The preliminary POH 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 PDH 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 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 Resolution. (b) Preliminar PDH plana roval. Approval of a preliminary PDH plan s a e by ordinance in accordance with the procedures set forth 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 PDH plan shall be valid for no morethan 24 months, unless specifically provided otherwise in the OPD -H approval ordi- nance. If no building permit has been issued for the development withinancenthe 24 applied maytbepconsideree d bythefCitydforezoning.o which PDH ordi- Prelimi- nary or final OPO -H plans approved prior to the date of adoption of these regulations shall not be subject to this provision. (c) Re ort of Plannin and Zonin Commission. Upon completion of review o e pre m nary p an OF e planned 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 6FAIM -3- 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 tan. Material changes rocen approve pre iminary p an s a e su _plan., to the app P 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 PDHl. Applications for approval of the final PDH plan shall meet aanof 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 lan of subarea. After preliminary approval of the entire p anne eve opmen s g Pen, a final plan of if; segment or subarea within the planned development may be app (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 adequaterea access,function as an ineendent development services, utilitiesunit with , 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 eeyperm permitted inPDHplanso be for planned elnless than developments. (Commer- cial uses are not two acres.) -1 -4- (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) Additi PDH 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: -5- (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 Commission. (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. (b) The development shall not overburden existing streets 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- ments 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. 01 -6- 01 (d) Siting and design: Multi -family structures located adja- cent to existing single-family dwellings must be sited, i landscaped and screened by natural features and plant materials to harmoniously integrate the PDN with the sur- rounding neighborhood. I (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) ee impactsonadSecic joining iningrproperties maintain privacy or rduc (c) Joint use of private open space or amenities by adjoining property owners. (i) Final lam a royal. Final approval of any PDH plan shall be by admin slI at ve review. Approval shall be based on compliance with an approved preliminary PDN plan and any modifications required by the Commission and Council plan, the ermitsme the mayland bewissued to carry d to HoutAfter the approval of the final plan, p roved PDH plan must be approved plan. Material changes to an app approvrocedure ed by ordi�nendment ofnce in cOrdinance.ordance ith the Material cha ges are ths set e same Sec. 36-48(b): as those specified in Section 36-48(d). (j) Buildin 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 arrangements thatrmidorm t substantially Minor changes in building 9 alter the character of the others changes includingre allowable cha changeswithout in further street Council action. Any locations, land use and building arrangements, shall be considered as intaccordance gwith the procedures set forth to bin approved ctiond 36548(b�dments In the event commercial uses are approved as a part of a planned no building permit or a commercial use shall be issued development, ousing units planned for the area (or until a minimum of 25% of the h j approved d or unless 25% of the housing subarea) have been complete be uilt units taneouslannedy (Separate rbuifor the aea ldingpor proved permitsu shall) be lobtait nedby simul developers for the construction of housing and commercial uses where separate buildings are to be used.) Secs. 36-49 - 36-52. Reserved. Ordinance No. 86-3302 SECTIOI4 II. REPEALER: All ordinances and parts of ordinances in conflict wi the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, provision or part of the Ordi- nance s a e adJUUgEU LU 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 IV. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 4th day of November, 1986. OR /> ' ATTEST: q24;dgA CITY CLERK I Received & Approves BY � l �Legol Da � 8rlrtwrd , 79/ It was moved by McDonald and seconded byStrait that the Or finance as rea e a opted and upon rol ca dere were: AYES: NAYS: ABSENT: 4 y X AbBRISCO X BAKER x_ COURTNEY x _ DICKSON K MCDONALD Y STRAIT X ZUBER First consideration 10/21/86 Vote for passage: Second consideration Vote for passage j Date published 11/12/86 Moved by McDonald, seconded by Strait, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second'consideration be waived and the ordinance be voted upon for final passage at this i time. Zuber yeAmbriscorNays:one e.Courtney,. se son, McDonald, Strait Absent'. None. I /7V a7