HomeMy WebLinkAbout1985-07-30 OrdinanceORDINANCE NO.
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF PORTIONS
OF LOTS 7 AND 8 OF BLOCK 1, BRAVERMAN
CENTER, LOCATED BETWEEN KEOKUK STREET AND
BROADWAY STREET FROM RM -12 TO CC -2.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. That the property
described below is hereby reclassified
from its present classification of RM -12
to CC -2, and the boundaries of the CC -2
zone be indicated upon the zoning map of
the City of Iowa City, Iowa, to include
the property described as follows:
Beginning at a point on the east tine
of Block 1 of Braverman Center, a
subdivision in Iowa City, Iowa, as
shown on a plat filed in Book 7, page 9
in the Johnson County Recorder's
Office, that lies N 00026'20" E 335.00
feet from the southeast corner of said
Block; thence N 89033'40" W 705.20
feet; thence N 00026120" E 352.26 feet;
thence S 89033'40" E 47.81 feet; thence
S 67056100" E 707.17 feet; thence S
00026120" W 91.62 feet along the east
line of said Block to the Point of
Beginning.
SECTION II. ZONING MAP CHANGE. The
u ng Inspector is hereby authorized
and directed to change the zoning map of
the City of Iowa City, Iowa, to conform to
this amendment upon the final passage,
approval and publication of this ordinance
as provided by law.
SECTION III. CERTIFICATION. The City
Clerk s hereby au or z and directed to
certify a copy of this ordinance to the
County Recorder of Johnson County, Iowa,
upon final passage and publication as
provided by law.
SECTION IV. REPEALER: All ordinances and
parts of ordinances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY: If any section,
prov s on or par o e Ordinance shall
be adjudged to be invalid or unconstitu-
tional, 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.
F
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Ordinance No.
Page 2
SECTION VI. EFFECTIVE DATE: This Ordi-
nance shall be in of ect a ter its final
passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Received
By rheL8 I D pe ved
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Ordinance No.
Page 2
SECTION VI. EFFECTIVE DATE: This Ordi-
nance shall be in of ect a ter its final
passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Received
By rheL8 I D pe ved
int
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CHARLES A BARKER
JOHN D. CRUISE
MICHAEL W. KENNEDY
JAMES 0. HOUGHTON
DAVIS L FOSTER
BARKER, CRUISE & KENNEDY
LAWYERS
911 IOWA AVENUE • P.O. BOX 2000
IOWA CITY, IOWA
82244
July 29, 1985
City Council of Iowa City
Civic Center
410 East Washington Street
Iowa City, Iowa 52240
AREA CODE SIS
TELEPHONE 351.8101
F � L E D
JUL 3 0 198c;
MARIAN K. KARR
CITY CLERK (1)
Re: Southgate Development Company Rezoning Application
Dear Councilmembers:
I represent Hawkeye Real Estate Investment Company, which
owns the Colonial Park office building located at 1027
Hollywood Boulevard in Iowa City. The purpose of this letter
is to give you formal notice that my client strongly opposes
the proposed rezoning of a four -acre tract of real estate owned
by Southgate Development Company, which is currently zoned for
residential use only. This four -acre tract is located south of
my client's property on Broadway Street in Iowa City.
It is our understanding that if this four -acre tract is
rezoned to allow commercial use, the City of Iowa City, in con-
junction with the Iowa Department of Transportation, plans to
connect Broadway Street with the Highway 6 bypass and at the
same time, plans to close Hollywood Boulevard between the
one-way access to the Keokuk Street Iowa State Bank & Trust
Company drive-in bank and Taylor Drive. My client is strongly
opposed to said rezoning and the concomitant closing of
Hollywood Boulevard for the following reasons:
1. If Hollywood Boulevard is closed, truck access for the
commercial tenants of the Colonial Park Building would be se-
verely restricted. Under current conditions, trucks can enter
the Colonial Park parking lot off of either Broadway or
Hollywood Boulevard, and may exit onto either street, thereby
exiting the lot without having to turn around. However, if
Hollywood is closed, it would be impossible for a large truck
to maneuver off and onto Broadway, since the truck could not
turn around in the relatively small parking lot.
1400
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CHARLES A BARKER
JOHN D. CRUISE
MICHAEL W. KENNEDY
JAMES 0. HOUGHTON
DAVIS L FOSTER
BARKER, CRUISE & KENNEDY
LAWYERS
911 IOWA AVENUE • P.O. BOX 2000
IOWA CITY, IOWA
82244
July 29, 1985
City Council of Iowa City
Civic Center
410 East Washington Street
Iowa City, Iowa 52240
AREA CODE SIS
TELEPHONE 351.8101
F � L E D
JUL 3 0 198c;
MARIAN K. KARR
CITY CLERK (1)
Re: Southgate Development Company Rezoning Application
Dear Councilmembers:
I represent Hawkeye Real Estate Investment Company, which
owns the Colonial Park office building located at 1027
Hollywood Boulevard in Iowa City. The purpose of this letter
is to give you formal notice that my client strongly opposes
the proposed rezoning of a four -acre tract of real estate owned
by Southgate Development Company, which is currently zoned for
residential use only. This four -acre tract is located south of
my client's property on Broadway Street in Iowa City.
It is our understanding that if this four -acre tract is
rezoned to allow commercial use, the City of Iowa City, in con-
junction with the Iowa Department of Transportation, plans to
connect Broadway Street with the Highway 6 bypass and at the
same time, plans to close Hollywood Boulevard between the
one-way access to the Keokuk Street Iowa State Bank & Trust
Company drive-in bank and Taylor Drive. My client is strongly
opposed to said rezoning and the concomitant closing of
Hollywood Boulevard for the following reasons:
1. If Hollywood Boulevard is closed, truck access for the
commercial tenants of the Colonial Park Building would be se-
verely restricted. Under current conditions, trucks can enter
the Colonial Park parking lot off of either Broadway or
Hollywood Boulevard, and may exit onto either street, thereby
exiting the lot without having to turn around. However, if
Hollywood is closed, it would be impossible for a large truck
to maneuver off and onto Broadway, since the truck could not
turn around in the relatively small parking lot.
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City Council of Iowa City
July 29, 1985
Page -2-
2. Handicapped parking and access to the Colonial Park
Building is at the northeast corner of the building. If
Hollywood were closed, handicapped persons would have to park
south of the building and walk a considerable distance to the
access ramp. This would be an undue hardship on the great num-
ber of elderly persons who frequently go to the Blue Cross/
Blue Shield office located in the Colonial Park Building to
file Medicare claims.
3. If Hollywood Boulevard were closed, parking space in
the Colonial Park parking lot would be diminished by several
spaces and a new parking lot layout would become necessary.
There is already insufficient parking in the lot.
4. If Hollywood Boulevard were closed, my client would
likely find itself in the position of having to buy the old
right-of-way located between the Colonial Park office building
and Highway 6 in order to maintain visibility from the Highway
6 bypass. Development of the right-of-way by other entities or
persons would severely lessen the value of my client's proper-
ty.
5. If Hollywood Boulevard were closed all the way to
Taylor Drive, with the Iowa State Bank & Trust Company one-way
access left open, this would mean that my client would be
treated differently and unfairly with respect to Hollywood Bou-
levard access. There is no justification for this different
treatment.
In summary, my client strongly opposes the proposed rezon-
ing application of Southgate Development Company and the accom-
panying closing of Hollywood Boulevard for the reasons set
forth above. ,/
CAB/ajm
03/3-05-148
yours,
s A. Barker
IN
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City of Iowa City
MEMORANDUM
Date: July 28, 1985
To: City Council
From: Don Schmeise erector, Department of Planning & Program Development
ex Chuck Schmadeke, Director, Department of Public Works
Re: [ Issues Relating to Rezoning and LSNRD Plan for Portions of Block 1,
Braverman Center (Pepperwood Place Shopping Center)
Southgate Development Co., Inc. has submitted an application for rezoning of
3.74 acres from RM -12 to CC -2, together with applications for a preliminary
subdivision plat and preliminary Large Scale Non -Residential Development
(LSNRD) plan for a shopping center, to be known as Pepperwood Place, located
southeast of K -Mart. The total area of the proposed shopping center is 10.4
acres.
The Planning & Zoning Commission approved the rezoning of this parcel on June
20, 1985, subject to a number of conditions included in the attached agree-
ment which has been reviewed by Southgate Development Co., Inc. The Planning
& Zoning Commission has also approved the preliminary subdivision plat and
preliminary LSNRD plan for the shopping center. Because of a variety of
traffic circulation issues related to the development of the shopping center,
the Commission made a number of recommendations which the City should
implement if the LSNRD is approved. Although only the rezoning is under
discussion at the public hearing on July 30, 1985, this rezoning and the
proposed LSNRD for the shopping center are interdependent and, therefore,
issues relating to both of these items should be considered by Council at
this time.
Additional memos related -to this item from Marianne Milkman are included in
the packet. Those memos address the process of conditional zoning and issues
related to the rezoning and LSNRD which should be considered separately.
Attachment A of this memo lists the conditions to the rezoning and the
recommendations for approval of the LSNRD made by the Planning & Zoning
Commission. Any changes in the conditions to the rezoning made by Council
will have to be approved by Southgate Development Co., Inc. prior to adjourn-
ment of the public hearing.
Staff concurs with most of the conditions and recommendations approved by the
Planning & Zoning Commission; however, staff recommends changes or amendments
on certain issues as follows:
1. Treatment of Closed Sections of Hollywood Boulevard (item 3, Attachment
A)
Staff is in agreement that Hollywood Boulevard should be closed from a.
point just east of the Iowa State Bank east entrance (east of Keokuk
Street) to the east end of the parking lot of the 1902 Broadway offices
(east of Broadway). The experience of traffic difficulties at the
PAGE 2
Keokuk/Hollywood/Highway 6 intersection argues for closure of this
frontage road which was built too close to Highway 6 to function prop-
erly. There was considerable staff discussion as to whether the pavement
should be removed completely in this area in order to insure that this
section of Hollywood Boulevard is never reopened for use. The Planning &
Zoning Commission felt that pavement removal was an unnecessary expense
for the developer and that dirt and sodding would provide adequate
obliteration of the street. The Commission also required that the
agreement with the developer state that if the dirt and sod treatment
does not permit grass to grow or is otherwise inadequate, the developer
will be responsible for removing the pavement and seeding the area in the
future.
Staff recommends that pavement be removed on both sides of the Broadway
Street intersection with Hollywood Boulevard to a point beyond the
parking lot entrance for the Colonial Park Offices west of Broadway and
to a point just east of the parking lot entrance for the 1902 Broadway
Office Building east of Broadway Street. Pavement should also be removed
just east of the Iowa State Bank drive to beyond the existing westerly
entrance to the K -Mart parking lot and a curb placed at the bank drive to
define the entrance. Staff agrees that the remainder of the pavement of
Hollywood Boulevard can remain in place with dirt and sod placed on top.
At the points of closure staff recommends standard six inch curbs as
shown on the proposed plan, rather than the five inch curbs recommended
by the Commission. Barricades will not be required at the points of
closure, provided the developer constructs appropriate berms as indicated
on the preliminary LSNRD plan.
2. Taylor Drive/Highway 6 Intersection (item 7, Attachment A)
The 1978 Broadway Street Agreement between the City and the developer
specified that the Taylor Drive/Highway 6 intersection would be closed
when a Broadway Street/Highway 6 signalized intersection was constructed
at the time of commercial development of the area. At the public
hearings held by the Planning & Zoning Commission, residents of the area
objected to the proposed closing of the Taylor Drive/Highway 6 intersec-
tion on the grounds that the additional distance (up to three-quarters
mite) traveled in order to access Highway 6 was an added cost to them and
an inconvenience. Residents also stated that excessively heavy traffic
would result on Broadway Street and Sandusky Drive, both of which
traverse residential areas. The Commission was persuaded by these
arguments and recommended leaving the intersection open and improving it
by adding turning lanes on Highway 6.
This recommendation is not favored by City staff. In order to maintain
traffic flow along Highway 6, the number of intersections should be
minimized. The distance between Broadway Street and Taylor Drive is
approximately 700 feet, and two intersections in such close proximity
will impede traffic flow.
In addition, the Taylor Drive/Highway 6 intersection is poorly con-
structed. There is a steep grade up to Highway 6 on Taylor Drive, the
cross-over median is surfaced with a mixture of gravel and asphalt, and
there are no turning lanes on Highway 6. As the 1978 Broadway Street
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agreement indicates, it was always the City's intention to close this
intersection once the Broadway Street/Highway 6 intersection was con-
structed.
As a compromise on this issue the staff would find it acceptable to leave
Taylor Drive open to right -turning traffic to and from the eastbound lane
of Highway 6. This, however, would require the removal of the cross-over
in the median and seeding or sodding of the median, a condition which
would need to be added to the agreement with the developer.
The Iowa Department of Transportation (IDOT) has indicated that it would
probably approve any "reasonable" decision made by the City Council
regarding this intersection.
3. K -Mart Drive Improvements (item 6, Attachment A)
Southgate Development Co., Inc. applied for and was granted a variance to
the width of the K -Mart drive on Keokuk by the Board of Adjustment on
July 10, 1985. After the Planning & Zoning Commission approval on June
20, 1985, and prior to the Board of Adjustment hearing on July 10th, the
staff and the developer discussed the improvements to this drive and
agreed that the width should be 40 feet at the right-of-way line and 60
feet at the curb line rather than the 36 feet and 56 feet approved by the
Planning & Zoning Commission. The additional width would permit a four
foot island in the center of the drive to further improve traffic flow.
The proposed improvements to the K -Mart drive thus vary somewhat from
those approved by the Planning & Zoning Commission; however, these
changes just extend the intent of the improvements, namely to channelize
traffic and improve traffic circulation, and it would appear that these
changes would not require further consultation with the Planning & Zoning
Commission. Staff feels that while the Liquor Store and its loading dock
remain at the current location, these improvements to the K -Mart drive
are probably the most feasible.
I. "fRight Turn Only" at Hollywood Boulevard and Keokuk Street (item B,
o
In order to reduce traffic congestion at the Keokuk Street/Hollywood
Boulevard intersection, the Planning & Zoning Commission has recommended
that only right turns be permitted onto Keokuk Street from Hollywood
Boulevard west of Keokuk Street. Staff feels that the closure of
Hollywood Boulevard immediately east of the Iowa State Bank is likely to
reduce traffic turning onto Hollywood Boulevard east from Keokuk Street
and therefore reduce the congestion at this intersection. Staff
recommends deferring action on this Commission recommendation until the
shopping center is in operation and changes in traffic circulation and
congestion at this intersection can be studied.
5. Bus Shelter and Bus Stop Location (item 0, Attachment A)
The Planning & Zoning Commission has recommended that in order to improve
circulation and make the area safer for pedestrians, the bus shelter on
Keokuk Street, which is currently directly opposite the K -Mart drive, be
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moved to the corner of Keokuk Street and Southgate Avenue. The Commis-
sion also recommends that a bus stop be scheduled directly in front of
K -Mart.
Larry McGonagle, Transit Manager, has stated that several years ago the
bus did stop in front of K -Mart. This stop was discontinued because
frequently cars were parked in the fire lane in front of the store
blocking passage of the buses.
The Transit Manager is willing to have the Keokuk bus shelter moved and
to try scheduling a bus stop directly in front of K -Mart again. He has
suggested that a curb separating the fire lane from the main drive in
front of K -Mart might inhibit cars from parking in the fire lane.
Su
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Council needs to make decisions with regard to recommendations from the
Planning and Zoning Commission and staff on the following items:
I. Conditions to the Rezoning
1. Treatment of Closed Sections of Hollywood Boulevard (item 3)
Should the developer be required to remove the street pavement in the
areas adjacent to the points of closure of Hollywood Boulevard, or
should the pavement remain on the entire closed portion of the street
and be covered with dirt and sod?
2. Taylor Drive/Highway 6 Intersection (item 7)
Which of four possible alternatives for this intersection should be
chosen:
a) Complete closure of the intersection (1978 Broadway St. Agree-
ment).
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b) Partial closing of the intersection; Taylor Drive remains open
to right turning traffic from and to Highway 6 (staff compro-
mise).
c) Intersection remains open and turning lanes are constructed on
Highway 6 (P&Z recommendation).
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d) Intersection remains as is.
3. K -Mart Drive Improvements (item 6)
Council must determine whether to accept the improvements to the
drive as shown on Exhibit B as approved by the Board of Adjustment
and which modifies technically the recommendation of Planning and
Zoning.
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II. Recommendations in Conjunction with LSNRD Approval a
1. 'Right turn only' at Hollywood Boulevard and Keokuk Street `
Should the west intersection of Hollywood Boulevard and Keokuk Street
be restricted to a right turn only or should the intersection be left
as is?
2. Bus Shelter and Bus Stop Location
Should the city or the developer negotiate with K -Mart regarding a
bus stop in front of K -Mart and curbing of the fire lane?
Any decisions by the Council which are in conflict with the Planning
and Zoning Commission's recommendations 3 and 7 should be discussed
with the Commission and the developer. In such a situation Council
should continue the public hearing on the rezoning until the next
Council meeting, so that consultations can take place and a revised
agreement with the developer drawn up.
mm/sp
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ATTACHMENT A
From Planning & Zoning Commission minutes for meeting on June 20, 1985
I. Proposed conditions for the rezoning of 3.74 acres of Block 1, Braverman
Center, from RM-12 to CC-2 to be agreed upon by Southgate Development Co.,
Inc. and the City of Iowa City:
1. Southgate Development will construct a channelized intersection to
connect Broadway Street to Hwy. 6, including full signalization.
2. Items 4 and 6 of the Broadway Street Agreement dated March 22, 1978
(attached to staff report) shall remain in effect.
3. Hollywood Boulevard shall be closed as shown on the final LSNRD plan
and:
•dirt and sod will cover the pavement.
•curbs of a minimum 5 inches in height shall be installed at each end of
the closed portion.
4. Sidewalks shall be constructed as indicated on the final LSNRD plan.
5. The developer shall obtain consent from K-Mart for speed bumps and
pedestrian signs on the K-Mart drive.
6. The Keokuk entrance to K-Mart shall be improved as shown in Exhibit A,
subject to the granting of a variance by the Board of Adjustment.
7. The Taylor Drive intersection with Highway 6 shall remain open.
The existing Broadway Street Agreement, dated March 22, 1978, will remain in
force unless conditions included in the rezoning are in conflict with the
Agreement.
II. Planning and Zoning recommendations for Council actions in conjunction with
approval of the LSNRD for Lots 4, 53 and 7, Block 1, Braverman Center.
A. That language referring to the Taylor Street closure [Section 3.B(ii) of
the March 1978 Broadway Street Agreement] be deleted.
B. That the west intersection of Hollywood Boulevard and Keokuk Street be
signed to permit "Right Turn Only" onto Keokuk Street.
C. That the postal drop box on Keokuk Street be moved out of the street
right-of-way.
D. That the bus stop and shelter on Keokuk Street opposite the K-Mart drive
be moved to the corner of Southgate and Keokuk Street and, if possible,
a bus stop in front of the K-Mart store be scheduled.
E. That 25 mph speed limit signs be posted on Broadway Street.
F. That a turning lane be installed on Highway 6 at the Taylor Drive
intersection both east bound and west bound.
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PEPPERWDDO PLACE DRAFT
AGREEMENT
THIS AGREEMENT made by and between Southgate Development Co. Inc., an Iowa
corporation with its principal place of business in Iowa City, Iowa, herein-
after tailed Southgate,' and City of Iowa City, Iowa, a municipal corpor-
ation, hereinafter called 'City.'
WITNESSETH:
WHEREAS, Southgate has filed a Preliminary Subdivision Plat, Preliminary
Large Scale Non-Residential Development Pian for a commercial center to be
known as Pepperwood Place, and Rezoning Request with the City, covering part
If Block 1, Braverman Center; and
WHEREAS, the approval of the Large Scale Non-Residential Development Plan is,
by Its design, contingent upon the rezoning from W-12 to CC-2 of that
Portion of Lot 7, Block 1, Braverman Center, as shown on the Preliminary
Subdivision Plat presently zoned RM-12; and
WHEREAS, pursuant to Iowa Code (1985) Section 414.5, the parties have agreed
to certain conditions to such rezoning; and
WHEREAS. Southgate is a successor to Braverman Development, Inc., one of the
parties to the Broadway Street Agreement, dated March 22, 1978 (hereinafter
referred to as the 'Agreement'), a copy of which is attached hereto and
incorporated herein by reference, which relates to certain agreements and
obligations undertaken with respect to earlier development of a portion of
the property subject to the rezoning request in this matter; and
WHEREAS, the shopping center development planned by Southgate will trigger
its obligations under the Agreement; and
WHEREAS, the parties wish to set forth their agreements as to conditions
which will arise as a result of the rezoning, and to modify and affirm the
Broadway Street Agreement.
NOW THEREFORE, in consideration of the premises and of the covenants herein-
after set forth, it is agreed as follows:
1. Broadwe Street ,_g_reement. Except as expressly provided herein, the
erns an con mons at the Agreement are hereby ratified and affirmed.
2. Conditions to Buildin Permits. The City shall not issue any building
permits for deve opmen on=. 4, 7 and 58 of Block 1, Braverman Center
until Southgate has received the consent of the Iowa Department of
Transportation (IDOT), where required, to complete the following improve-
ments as required hereunder:
(1) The closing of Hollywood Boulevard,
(ii) Construction of a channelized intersection to connect Broadway
Street with Highway 6 Bypass, and
(iii) Elimination of the cross-over on the Highway 6 Bypass at Taylor
Street.
3. Broadwa Street Intersection - Holl wootl Boulevard Closing. The follow-
ng f a supp oven an amen ec on o e Agreement. Prior to the
issuance of an occupancy certificate for any building on Lots 4, 7 and 58
of Block 1, Braverman Center,
A. Southgate shall complete construction of the Broadway Street inter-
section, and closing of Hollywood Boulevard, as required by Section
38 of the Agreement, and the terms of this agreement.
B. Southgate shall close Hollywood Boulevard between Broadway Street and
the east lot tine (extended) of property presently occupied by a
branch office of the Iowa State Bank and Trust Company; and between
Broadway Street and the present storm sewer inlets at the east
property line of the 1902 Broadway office building.
C. Southgate shall erect five inch curbs at each end of the closed
portions of Hollywood Boulevard.
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D. Southgate shall cover the closed portions of Hollywood Boulevard
pavement with sufficient fill dirt to support the establishment and
growth of sod which Southgate shall place thereon at its sole cost
and expense. Southgate further agrees that, if, in the opinion of
the City Engineer, the sod has not been established by growth and
maintained in that way for at least two calendar years from the date
of installation, the City may require Southgate to remove the
pavement and fill and seed the area so as to establish grass where
the roadway presently exists.
E. Southgate shall construct sidewalks along the east side of the
present K -Mart parking lot and south to connect the residentially
zoned property to the south of the K -Mart site (the proposed Elderly
Housing site) to the development. Southgate will also install a
sidewalk along the south side of the drive between Broadway Street
and the west line of Lot 7, Block 1, Braverman Center. The sidewalks
will be located as shown an the finally approved Large kale
Non -Residential Development Plan, and will be installed in connection
with, and at the time of, the installation of the parking lot
required to serve the development.
F. Southgate will improve the entrance and exit from the K -Mart property
to Keokuk Street in accordance with the plan attached hereto as
Exhibit W.
1. I ravements to K -Mart Drives. Southgate will use its best efforts to
o6 a n crfFe 'tenantoccupying the building on Lot 2, Block 1,
Braverman Center, to the installation of speed bumps and pedestrian
crosswalks in the driveway in front of said building. Southgate will
also use its best efforts to obtain the consent of said tenant to the
placement of appropriate signs requiring vehicular traffic yield to
pedestrians in the crosswalks so provided, all as noted on the final
Large kale Ron -Residential Development Plan for Pepperwood Place.
5. Effectiveness of This Agreement. Southgate's obligations hereunder are
subject o and contingenT upon approval by the City Council of the City
of the requested zoning change for a ppoortion of Lot 7, Block 1, Braverman
Center, and the final approval of Sauthgate's Large Scale Non -Residential
Development Plan for Pepperwood Place which includes the area to be
rezoned. In the event the City Council of the City does not approve the
requested zoning change, this agreement shall be null and void and no
further force and effect. however, the Broadway Street Agreement shall j
continue in full force and effect if the requested zoning change is not
approved.
Gated at love City, Iowa, as of the _ day of 1985.
SOUTHGATE DEVELOPMENT CO., INC.
By:
By:
CITY OF IOWA CITY, IOWA
By:
Mayor
ATTEST:
City Clerk
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Marianne Milkman
Item: Z-8502. Block 1, Braverman Center Date: May 16, 1985
GENERAL INFORMATION
Applicant: Southgate Development Co. Inc.
Requested action:
Purpose:
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Location:
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Size:
Comprehensive Plan:
Existing land use and zoning:
Surrounding land use and zoning:
325 E. Washington Street
Iowa City, Iowa 52240
Rezoning from RM -12 to CC -2
Development of a shopping center
including a grocery store.
South and southeast of K -Mart
between Keokuk Street and .
Broadway Street.
11.5 acres
Residential; 8-16 dwelling
units/acre
Agricultural; RM -12
North - Commercial, undeveloped;
CC -2, CO
East - Commercial, multi -family
residential; CC -2, RM -12,
RM -44
South - Single-family residen-
tial; RS -5
West - Undeveloped; RM -12
45 -day limitation period: June 10, 1985
ZONING HISTORY
Prior to the adoption of the new zoning map in December 1983, the property in
question was zoned C-2 (Commercial). Adjacent land to the south was zoned
R-18 (single-family residential) and property to the east of Broadway Street
was zoned R -3B (multi -family residential). To the west of Keokuk Street was
an area also zoned commercial (C-2).
The intent of the zoning change for this property in 1983 from C-2 to RM -12
was to provide some intermediate zoning (multi -family residential) between
the commercial zone to the north (K -Mart) and the single family residential
zone Pepperwood Subdivision) to the south. In addition, there was consider-
able oubt that there was a market for so much additional commercial develop-
ment.
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ANALYSIS
Braverman Center Block 1 was originally platted in 1973 with the intent of
developing a commercial center. To date K -Mart on Lot 2 and the Colonial
Office Building on Lot 3 have been developed. The applicant developed
preliminary plans for a "Southern Iowa City Commercial Center" prior to the
adoption of a new zoning map. The applicant is requesting the rezoning of
Lot 10 and portions of Lot 7, 8, and 11 of Block 1 Braverman Center from
RM -12 to CC -2.
The applicant has also submitted a preliminary Large Scale Non -Residential
Development (LSNRD) plan for Lots 7, 10 and 11 of Block 1 Braverman Center.
This plan proposes a 45,000 square foot grocery store and 55,000 square feet
of retail space. The southern portion of Lot 10 (adjacent to the RS -5 zone)
contains a stormwater detention basin already in place. Lot 9 (also adjacent
to the RS -5 area) will remain at RM -12 and may be used for elderly housing.
(For more details see Staff Report for Item S-8509.)
In considering the rezoning of this property two main issues must be ad-
dressed:
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1. Will the rezoning have an adverse impact on the neighboring residential
areas?
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2. Is additional community commercial land needed in the area? j
1. Impact of Rezoning on Surrounding Areas
Traditional zoning practices recommend a gradation of intensity of uses
in order to minimize the negative impact of one use upon another. In the
area under review, traffic, noise, odors and glare generated by commer-
cial uses may have a negative impact on surrounding single- and multi-
family residential uses. This was the reason for zoning the southern
portion of this property RM -12.
The applicant has made an effort to mitigate the negative impacts of a
commercial development. Over half of the land (Lot 9) adjacent to the
RS -5 zone will remain at RM -12 as a possible site for elderly housing.
The remainder of the property adjacent to the RS -5 zone is a stormwater
detention area. Thus there will be a buffer of 150-330 feet between the
single-family residential use and the commercial uses.
The requested CC -2 zoning permits general office and retail uses, restau-
rants and personal service establishments. Such uses operate largely
during business hours (except restaurants and grocery stores) and are
generally not heavy noise or noxious odor generators. Traffic, parking i
lot lights and possible odors from a restaurant provide the major i
adverse impacts on surrounding uses. However, the new Zoning Ordinance
includes performance standards to mitigate such impacts. These standards
require screening between commercial and residential uses. Traffic, '
according to the proposed LSNRD, will be directed toward Highway 6 and ;
should not create additional trips through the RS -5 area. However, the j
traffic circulation will have to be carefully evaluated to ensure that
this is the case.
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2. Need for Additional Shopping Center
There are currently three larger and one smaller center for shopping
along approximately two miles of Highway 6 in Iowa City. These are the
Wardway Plaza and the Hy-Vee/Drugtown complex south of the highway, and
the Sycamore Mall north of the highway. The smaller complex, K -Mart, a
liquor store, bank and office building, is the one the applicant proposes
to enlarge or add onto. All these shopping areas serve not only the
population of southern and central Iowa City, but also communities such
as Kalona, Washington and Lone Tree. Although there are some general
retail and service establishments along the Highway 6 corridor, the
Sycamore Mall provides the main concentration of retail and service
stores other than supermarkets and drug stores.
It is difficult to estimate the potential need for retail development in
the area. A recent report by Zuchelli Hunter & Associates indicates that
there is room for additional retail development in the Iowa
City/Coralville market area". The 1983 Comprehensive Plan Update
projects limited development in the south area because of the limited
sewer capacity even with the Water Pollution Control Plant proposed at
that time. Possible solutions to the pollution control problems cur-
rently under consideration do not appear to impose such restrictions.
According to the 1978 Comprehensive Plan, which assumed adequate sewer
capacity, there is a potential for approximately 10,500 residents in the
area east of Gilbert Street and south of Highway 6 to the city limits.
With the lifting of the moratorium on construction on the east side, it
is reasonable to assume that development of this area will now resume.
The rezoning of 11.5 acres from RM -12 to CC -2 in this area would be a
change in concept .,for the development of the area as stated in the
Comprehensive Plan. It would therefore be necessary to amend the
Comprehensive Plan prior to rezoning the property. The staff feels that
rezoning to provide additional commercial land should only take place if
there is a demonstrated need for such land, particularly since commer-
cially zoned land is available in other parts of Iowa City. The filing
of an LSNRD plan for a grocery store and other shops does demonstrate a
perceived need for commercial space in this area. However,at this time,
it is still doubtful if Lots 8, 10 and it will be needed for future
commercial development. Staff therefore recommends that only a portion
of Lot 7 (required for the LSNRD development) be rezoned from RM -12 to
CC -2. Rezoning of this relatively small parcel (approximately 2.5 acres)
adjacent to the existing CC -2 zone to the north, would not require an
amendment to the Comprehensive Plan.
In the future, if it appears that additional commercially zoned land is
needed in the area, the Comprehensive Plan could be amended accordingly.
STAFF RECOMMENDATION
Based upon the above discussion, staff recommends denial of the rezoning of
Lot 10 and portions of Lots 8, and 11 of Block 1 Braverman Center from RM -12
to CC -2. Staff recommends approval of the rezoning of part of Lot 7 from
RM -12 to CC -2.
/VOd
ATTACHMENTS
1. Location Map.
2. Rezoning Map.
4
Approved by•
5epartment
"hmeiserirector
of Planning
and Program Development
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STAFF
REPORT
To: Planning & Zoning Commission
Prepared by: Marianne Milkman
Item: S-8509. Block 1, Braverman Center Date: May 16, 1985
GENERAL INFORMATION
� Applicant:
Southgate Development Co., Inc.
325 E. Washington Street
Iowa City, Iowa 52240
Requested action:
q
Approval of preliminary subdivi-
sion plat for Lots 5-11 and
preliminary Large Scale Non-
Residential Development (LSNRD)
plan for Lots 4, 5B and 7 of
Block 1, Braverman Center. I
Purpose:
To construct a shopping center.
Location:
On Broadway Street south and
southeast of Highway 6 and I
K-Mart. j
Size:
I
Subdivision: 24.5 acres.
LSNRD: 10.4 acres.
Comprehensive Plan:
Residential; 8-16 DU/acre and
general commercial
Existing land use and zoning:
Agricultural; RM-12, CC-2.
_ Surrounding land use and zoning:
North - commercial, undeveloped;
CC-2, CO. ;.
'
East - commercial, multi-family ?
residential; CC-2, RM-12, i-
RM44.
South - single
residen-tal;
RS 5amily
i.
West - undeveloped; RM-12.
Applicable regulation:;:
Provisions of the Zoning Ordi- 1
mance and the LSNRD Plan review
ordinance.
45-day limitation period:
June 10, 1985. I �'
SPECIAL INFORMATION
J
Public utilities:
Sewer and water services are
available.
2
Public services: Police and fire protection are
available. Sanitation services
would be provided by private
hauler.
Transportation: Access is provided from Broadway
Street and the K -Mart parking
lot.
Physical characteristics: Gently rolling terrain.
i
ANALYSIS j
The applicant is requesting approval of a preliminary subdivision plat for i
Lots 5-11 and a preliminary LSNRD plan for Lots 4, 58 and 7 of Block 1,
Braverman Center. Concurrently, the applicant is requesting the rezoning of
Lot 10 and portions of Lots 7, 8 and 11 of Block 1, Braverman Center, from
RM -12 to CC -2. Therefore, any action regarding approval of the subdivision
and LSNRD plan should be contingent upon the rezoning of a portion of Lot 7 j
to CC -2.
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Preliminary Subdivision
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Lots 1-4 of Block 1 Braverman Center were previously subdivided, and all but i
Lot 4 were developed for the Iowa State Bank & Trust Company, Iowa State
Liquor Store, K -Mart and the Colonial Office Building. The requested
subdivision is for the remaining portion of Braverman Center located between
Keokuk Street and Broadway Street. Street improvements for the subdivision
are shown on the preliminary LSNRD plan and on a separate plan for the
proposed Highway 6 intersection. Overall, the plans comply with the subdivi-
sion regulations. I j
A sidewalk will be constructed on Broadway Street, and a sidewalk is shown on
Hollywood Boulevard. In order to provide for additional pedestrian traffic
from the proposed shopping center and Broadway Street to K -Mart, the appli-
cant has provided a walkway running east/west across the parking lot parallel
to the drive. While this will require traversing numerous parking spaces and i
aisles, there will be some protection for pedestrians on the islands, and it
appears to be the most reasonable solution to this problem.
2. LSNRD Plan
I
The applicant proposes development of a 45,000 square foot grocery store
and 55,000 square feet of shops. These uses are permitted in the I
requested CC -2 zone. Adequate parking is provided for these uses.
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As indicated in the staff report on Item Z-8502 (the rezoning request),
the proposed shopping area is adjacent to an RM -44 zone to the east
across Broadway Street, and to an RS -5 and an RM -12 zone (Lot 9) to the
south. There is a preliminary proposal to develop Lot 9 for elderly
housing. Because of the adjacent R zones, the applicant will be required
to provided screening on the east side and most of the south side of the
proposed development.
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Review of this LSNRD plan raises two main issues. The first is the
impact of this commercial development on the surrounding residential
areas; this issue is partially discussed in the staff report on rezoning.
The second issue concerns traffic access and internal circulation.
I. Vehicular Access to the Proposed Shopping Center
In 1978, when a resubdivision of Pepperwood Addition Parts I and II
provided for the extension of Broadway Street to connect with Sandusky
Drive, the applicant entered into an agreement with the City regarding
future access to the area (see Attachment A). This agreement states that
upon development of 25,000 square feet or more of the commercial property i
north of the Pepperwood Addition, the developer shall:
1. Construct a channelized intersection to connect Broadway Street with
! Highway 6 Bypass, including full signalization.
2. Close the Taylor Street and Highway 6 intersection, including
pavement removal and curb reconstruction.
3. Close portions of Hollywood Boulevard between Taylor Street and i
Keokuk Street so as to allow access to abutting properties but
disallow through traffic continuity on Hollywood from Taylor to
Broadway and from Broadway to Keokuk...
i
The applicant has provided plans complying with the stipulations of this I
agreement except that no indication is given as to the future of the
Taylor Drive/Highway 6 intersection. The planning staff has discussed
this issue with the City Traffic Engineer, the Department of Public Works
and engineers from the Iowa Department of Transportation (IOOT). There
is basic agreement on providing a signalized intersection at Broadway
Street and Highway 6, and on making Hollywood Boulevard discontinuous.
Broadway Street will be widened to four lanes from just south of the main
entrance to the proposed shopping center to Highway 6. A signalized
intersection will provide better access to this area and the residential
areas to the south and east than the existing, unsignalized Taylor Drive
intersection. In addition, traffic will be diverted from Taylor Drive,
which has been functioning as a collector street although it was not
constructed to serve this function, onto Broadway Street.
II. Traffic Circulation between Keokuk Street Broadway Street and Taylor
Drive
!
The proposed LSNRD plan shows Hollywood Boulevard closed approximately
175 feet west of Broadway Street. This section of Hollywood Boulevard is I
one-way at the westerly end at its intersection with Keokuk Street. As a
result traffic to K -Mart, the undeveloped Outlot (Lots 5A and 6) and
Colonial Offices must find some other means of exit. Under the current
plan such traffic is likely to exit through the K -Mart and shopping
center parking lots or by cutting through the Colonial Offices parking
lot. In order to avoid future traffic problems, particularly when the
Outlot is developed, staff recommends that Hollywood Boulevard be vacated
and the pavement removed from a point east of the entrance to the Iowa
State Bank and Trust Co, to Broadway Street. Lots 5A and 6 of Block 1,
Braverman Center would no longer have frontage on a public street, but
they could become part of the LSNRD in the future.
I
4
There is also a proposed new drive from Broadway Street east to the
parking lot of the Broadway Offices since these will no longer have
access to Hollywood Boulevard. A potential may exist for traffic to cut
through this parking lot to gain access to or from Hollywood Boulevard
east of Broadway Street. In order to avoid this, staff proposes that
Hollywood Boulevard be terminated and the pavement removed between
Broadway Street and the east end of the Broadway Offices parking lot. The
only access to the Broadway Offices would be from Broadway Street.
III. Internal Traffic Circulation in Block I, Braverman Center
The plan of the "Southern Iowa City Commercial Center" indicates
possible traffic circulation between the proposed elderly housing site
(Lot 9), the K -Mart property, future shops (Lots 10 and 11) and Keokuk
Street. As shown, the access from the southeast corner of the K -Mart
property appears to be to a parking lot rather than to the drive to
Keokuk Street and the elderly housing site. It is not possible to
resolve this internal circulation issue until the future use and
development of Lots 9, 10 and 11 is known.
STAFF RECOMMENDATION
Staff recommends approval of the preliminary subdivision plat for Lots 5-11,
Block 1, Braverman Center. Staff recommends deferral of the preliminary
LSNRD plan for Lots 4, 5B and 7 of Block 1, Braverman Center, pending
resolution of the concerns raised in this report and subject to the rezoning
of portions of the property to CC -2.
ATTACHMENTS
1. Location map.
2. Broadway Street Agreement.
ACCOMPANIMENTS
1. Existing Site Plan.
2. Preliminary Subdivision Plat.
3. Preliminary LSNRD.
4. Plan of Southern Iowa City Commercial Center.
5. Plan of Broadway Street/Highway 6 Bypass Intersection.
J/ \
Approved by: ASD i
D na dSc meiser, Director
Department of Planning
and Program Development
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LOCATION MAP
Appllcant:Soti 4l•�.
Appllcotlon No.:S-950
BROADWAY STREET AGREEMENT
THIS AGREEMENT made and entered into by and between
Braverman Development, Inc., herein called "Developer" and
The City of Iowa City, herein called "City".
WITNESSETH:
WHEREAS, the Developer has proposed a resubdivision of
a portion of Pepperwood Addition, Parte I and II, more
particularly described in the attached Plat marked Exhibit
"A" and by this reference made a part hereof, and
'
WHEREAS, the purpose of such resubdivision is to allow
Broadway Street to be extended Southerly to connect with
Sandusky Drive as shown on Exhibit "B" attached hereto and
'by this reference made a part hereof, and
WHEREAS, the City, desires to provide for a more efficient
traffic flow on Broadway Street as the area along such street
is developed. -
. NOW, THEREFORE, in consideration of the premises and in
consideration of the mutual covenants hereinafter set forth,
it is agreed as follows:
1. The City will approve the proposed resubdivision of a
portion of Pepperwood Addition, Parts I and II, as shown on the
attached Exhibit "A".
2. The City will allow the developer to extend
Broadway Street in a southerly direction to connect to
Sandusky Drive provided that the Developer shall pay the
Coate of such extension except for those costs which the
City agrees to pay in connection with any required over-
sizing of such street.
3. At such time as area C as shown on the attached Exhibit
"C"
is developed, as hereinafter provided, the Developer shall have
an obligation to construct certain improvements according to
current City Standards as follows:
• A.) The developer shall have no obligation to construct
the improvements as hereinafter described if lees than 25,000 sq.
ft,
of Groes Commercial Building Space has been constructed within
Area C as shown on Exhibit "C".
I 1
D
MAR 2 21978
C : •: ; a r.,-,-::,•:d
Cy i:.r 1::Fcl D:;. i1m•nl ABBIE STOLFU.i
aI! CIN CLERK
4
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B. )
2.
B.) In the event more than 25,000 sq. It. of "Groes
Commercial Building Space" is constructed within the area
described in the attached Exhibit "C" the developer shall, within
two (2) years after the completion of Duch construction
complete the following improvements:
a•) Construct a channelized intersection to
connect Broadway Street with Highway 6 By -Pass, including full
signalization.
(ii) Close the Taylor Street and Highway 6
intersection, including pavement remelval and curb reconstruction,
(iii) Close portions of Hollywood Boulevard
between Taylor Street and Keokuk Street so as to allow access to
abutting properties but disallow through traffic continuity on
Hollywood from Taylor to Broadway and from Broadway to Keokuk;
including pavement removal and curb reconstruction. The "City"_
shall have design review on the above mentioned improvements.
4. In the event that more than a total of 25,000 sq. ft, of
Cross Commercial Building Space is constructed within Area C
described in Exhibit "C", the City shall not thereafter be required
to issue any building permits for additional development with such
area until the improvements required by Paragraph 3 hereof have
been completed except as hereinafter provided:
A.) In the event the improvements required by paragraph
3 hereof have been commenced but not completed, the City will issue
additional, building permits if the Developer escrows with the City
an amount equal to 110% of the estimated cost of such improvements,
said escrow to be released to the Developer when the improvements
have been completed and accepted by the City.
Prior to the issuance of an occupancy permit for any
building erected pursuant to paragraph 3 hereof, the City in
its descretion may require the Developer, its assigns or successors
in interest to construct and install such improvements as stated
in Paragraph 3 herein.
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D.)In the event a building permit is issued
pursuant to the provisions of paragraph,4A, and in the event
the improvements are not completed within two (2) years of the
issuance of such permit, the City may at its option complete
the improvements and apply the escrow funds deposited by the
Developer to the costs of such completion, with any unused
escrow funds to be returned to the Developer.
Should the cost of the construction and installation
of said improvements exceed the amount of said escrow, the City
shall have a lien and charge against all the lots adjacent to or
in front of which said improvements are made.
5. The term "Grose Commercial Building Space" as used herein
means only that area within a Commercial Building and shall not
be construed to include any required parking green space or other
area outside of the confines of any building.
6. The City agrees that if State or Federal Funds can be
obtained by the City for the construction of the signalized
intersection and the City Counejl approves the use of the funds
for the said intersection then the City will construct the
intersection and the Developer will pay the difference between
the funds obtainable from the State or Federal Government and
the construction cost. The difference in coat will be escrowed
with the City prior to construction and shall'be used by the City
as needed to pay for said construction. Should the coat of the
construction and installation of said improvements exceed the
amount of said escrow, the City shall have a lien and charge
against all the land adjacent to or in front of which said i
improvements are made. The City shall refund to the Developer
any Escrow monies not used by the City after the construction
and installation of such improvements as set out in the Iowa
City Code.
7. This Agreement does not waive any of the Iowa City
Development and Building requirements as set out in the Iowa
City Code.
8. This Agreement shall inure to the benefit of and bind
the successors and assigns of the respective parties hereto and
all the provisions herein shall apply to and run with the land.
9. This Agreement is Subject to the State of Iowa Approving
a channelized intersection to connect Broadway Straot with Hishway 6
iso
-4 -
By -Pass, including full signalization. .In the event the State of
Iowa does not approve said intersection then it is agreed between
the parties hereto that the provisions of this Agreement would
not be needed and thin Agreement shall become null and void with
the exception of Paragraph 1 and 2 which shall remain in effect.
*1976 Dated at IowaCity, Iowa thisd. ,1978.
T INC.STATE OF IOWA, � ^I LOUOn this day of y7i�i,ersigned, a
Notary Public in and for the State of Iowa, personally appeared
and....(,(/. Ti,,.w.,...� _
to me person lly known, who,
being b, duly rn, did say that they are the
and
12 Ag
respectively, of said corporation
executing the within/and foregoing instrument to which this is attached, that
(no seal has been procured by the said) corporation; that said instrument was !
signedo1I
n behalfof said corporation by authority of its Board of Directors; and
that the said ay p.. ff? ,
as such officers acknowledged the
ex utionf said instrument to bethe voluntary act and deed of said corporation,
by it and by them voluntarily executed.
- Hotary Public in andfor the
State of Iowa.
/ C�ITY OF IOWA/CITY, IOWA
ATTEST:
ty Clerk
STATE OF IOWA
COUNTY OF JOHNSON .s.
On this i9:4day of11ein the year ii„t, before me,
, U , a notary public . n and for said county of �% /r nde 14 state of
-�cuv-- , residing therein, duly commissioned and }worn, personally
appeared-/{, h, rl A N: I,r , known to me to be the Mayor, and
--� pr y i• r known to me to be the City Clerk of the City of
r�• n 11, 7 , the corporation that executed the within instrument,
end ocknowiedged to me that such corporation executed some.
In witness whereof, I have hereunto set my hand and affixed nV official
seal the day and year in this certificate first above written.
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City of Iowa City
MEMORANDUM
Date: July 19, 1985
To: City Council
From: Marianne Milkman, Associate Planner
Re: Conditional Zoning
According to Section 414.5 of the Iowa Code "...as a part of an ordinance
changing land from one zoning district to another zoning district or an
ordinance approving a site development plan, a council may impose condi-
tions on a property owner which are in addition to existing regulations if
the additional conditions have been agreed to in writing by the property
owner before the public hearing required under the section or any adjourn-
ment of the hearing. The conditions must be reasonable and imposed to
satisfy public needs which are directly caused by the requested change."
Attached to the materials regarding the rezoning and LSNRD for the
proposed Pepperwood Place Shopping Center, is an agreement signed by
Southgate Development Co., Inc. This agreement is for the conditions to
the rezoning recommended by the Planning and Zoning Commission. If
Council wishes to change any of these conditions (see memo from Don
Schmeiser and Chuck Schmadeke) the public hearing on this item should be
continued to the next Council meeting. This will allow time for consulta-
tion with the Planning and Zoning Commission and revision of the agree-
ment. At the Council meeting on August 13, 1985, the public hearing on
the rezoning could be continued and would include the revised signed
agreement. No additional changes can be made to the conditions of the
rezoning once the public hearing is closed. Any further modifications to
the conditions would require a new public hearing.
tp5/3
City of Iowa City
MEMORANDUM
Date: July 11, 1985
To: Planning & Zoning Commission
From: Marianne Milkman rtA
Re: Reconsideration of S-8509, Application Submitted by Southgate
Development Co., Inc. of a Preliminary Subdivision Plat for Lots
5-11, Block 1, Braverman Center
Staff is requesting reconsideration of this preliminary subdivision plat
which was approved by the Commission on June 20, 1985. Staff feels that it
is important to ensure that a proposed connecting road/drive between Broadway
Street and Keokuk Street is considered when Lots 9, 10 and 11 are developed.
Such a road/drive has been under discussion for several years, but staff is
concerned that this road/drive may eventually be dropped from the plans.
The developer has agreed to amending the preliminary subdivision plat as
shown on Attachment A. The amendment is in the form of a note stating "The
Subdivider's Agreement required in connection with the final subdivision plat
approval for Lots 9, 10 and 11 may provide for the future construction of a
direct access way from Keokuk Street to Broadway Street if the City requires
said way across Lots 9, 10 and 11 at the time the respective lots are
developed."
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City of Iowa City
MEMORANDUM
Date: July 25, 1985
To: City Council
From: Marianne Milkman, Associate Planner YM
Re: Planning and Zoning Recommendations of 6/20/85
The majority of the recommendations made by the Planning and Zoning Commission at
its meeting of June 20, 1985, are directly related to the rezoning of property
for the Pepperwood Place Shopping Center which is a separate item on the Council
agenda. However, recommendations G, H and I included in the Commission minutes
of June 20, 1985, under 5-8509 should be considered separately by Council.
Item G. That the storm water management system (facilities and structures) for
The Gepperwood subdivision be reviewed and improved.
Comment: At the Planning and Zoning Commission's public hearings on the proposed
shopping center east of K -Mart, many residents of the area, particularly those
living on Broadway Street and Sandusky Drive, complained about problems with
storm water. The residents feared that the proposed development would exacerbate
e storm
beentirelyeto thehnorth,and westaand will not affectfrom etheoPepperwoodosed lomnt will
residential
area, the Planning and Zoning Commission felt that the strong neighborhood
complaints warranted review and .improvement of the storm water system in the
area.
Item H. That Council review the .Storm Water Management Ordinance to determine
its effectiveness in meeting the intended goals and objectives of the ordinance.
Comment: The Planning and Zoning Commission has received numerous complaints
over ties.thIt appearsears othatnthe n numerous smal 1pdetentanroosediontbasins, oftennlocated inc
crear
yards, create hazards for children and are difficult to maintain. The Commission
recommends review of the effectiveness of the existing storm water detention
systems in meeting the goals and objectives of the ordinance. The Commission
also suggests that the completion of the north and south Ralston Creek detention
basins and the Lower Ralston Creek Improvements may warrant changes in the
existing Storm Water Management Ordinance.
Item I. That the Chairperson of the Planning and Zoning Commission will review
TFe—f{nal agreement on conditions for rezoning with legal staff on behalf of the
Commission.
Comment: Under Chapter 414.5 of the Iowa Code, special conditions may now be
impose on a property owner in connection with a rezoning. The Planning and
Zoning Conmission recommends that any agreements on such special conditions
between the property owner and the City be reviewed by the Chairperson of the
Planning and Zoning Commission on behalf of the Commission prior to the Council
public hearing on the rezoning matter.
bj4/4
/yea
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ORDINANCE NO.
ORDINANCE AMENDING THE ZONING ORDINANCE
SIGN REGULATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, THAT:
SECTION I. AMENDMENT. Sections
36-61(d)(1) and 3 -6 (a)(2)b are hereby
amended by the following:
Sec. 36-61. Definitions.
(d)(1) Development sign. A sign desig-
nating the name of a large scale
residential or non-residential
development, as defined in Chapter
27 of the Code of Ordinances, or
of a subdivision consisting of two
(2) acres or more.
Sec. 36-62. Permitted signs.
(a)(2)b. Development signs. One (1)
monument sign in ID and R zones
and one (1) monument or
free-standing sign in other
zones shall be permitted at each
street entrance to a large scale
development or a subdivision,
provided the following require-
ments are met:
1. In ID and R zones, the sign
shall not exceed a total area
of 64 square feet, 32 square
feet per sign face, nor a
height of five (5) feet.
2. In other zones, the sign
shall not exceed the size and
height limitations for the
same type of sign, i.e.
free-standing or monument
sign, permitted in the zone
and for the lot on which the
sign is located.
SECTION II. REPEALER. All ordinances and
parts of or inances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION III. SEVERABILITY. If any
section, provision or part of the Ordi-
nance 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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0. lance No. _
Page 2
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final
passage, approval and publication as
required by law.
Passed and approved this j
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ATTEST:
CITVatKK
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ORDINANCE NO. 85-3247
AN ORDINANCE AMENDING SECTION 4-1 OF THE
CODE OF ORDINANCES OF THE CITY OF IOWA
CITY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, THAT:
SECTION I. PURPOSE. The purpose of this
amendment s FO—exempt hot air balloons
from the prohibition of operating at an
altitude of less than 1000 feet over the
City provided that they are safely
operated and that operators have prior
approval from landowners for take-off and
landing in the City.
SECTION II. AMENDMENT. Section 4-1 of
e Code o r nances of the City of Iowa
City, Iowa, is hereby repealed and
substituted in its place is the following
new Section 4-1: j
Sec. 4-1. Operation over city.No f
e to
be operated ated in shallerson operate
air over the scity
any airplane or other aircraft at an
altitude of less than one thousand
any0tai spin, looor ps, or other soerform with -called
stunts or acrobatics or maneuvers of a
similar nature above the city nor land
the same within the city limits unless
the consent of the Airport Manager or
his designee to so operate or land the
same has first been secured, except at
the airport under the rules and
regulations governing the same and in
compliance with the laws of the state.
This section shall be waived for hot
air balloons operated by licensed,
Insured pilots, providing that balloon- i
ing operations are conducted in a safe
and prudent manner, do not interfere
With airport air traffic, and are in
accordance with applicable Federal i
Aviation Administration Regulations. No
person shall' use any site in the city i
for ballooning operations, including
take-off and landing, without obtaining
prior approval from the landowner.
SECTION III. REPEALER: All ordinances
ana part5__oord1nancRs in conflict with
the ' repearovision of this ordinance are hereby
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Ordinance No. 85-3247
Page 2
SECTION IV. SEVERABILITY: If any
sec on, prov s on or part of the Ordi-
nance 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 V. EFFECTIVE DATE: This Ordi-
nance s a e n effect after its final
passage, approval and publication as
required by law.
Passed and approved this 30th day of
July, 1985.
ATTEST:
Received i Approved
Ily The {per Depmft d
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It was moved by Strait and seconded by Dickson
, that the r mance as read be adopted and upon ro ca ere
were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X DICKSON
_ X ERDAHL
X MCDONALD
X STRAIT
X ZUBER
First considerationJul 16, 1985
Vote for passage: yes: u er, Arriorisco, Baker, Dickson,
McDonald, Strait. Nays: Erdahl. Absent: None
Second consideration
Vote for passage
Date published 8/7/85
Moved by Strait, seconded by Zuber, 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 and
vote be waived and the ordinance be voted upon for final
passage at this time. Ayes: Ambrisco, Baker, Dickson,
McDonald, Strait, Zuber. Noyes: None Absent: Erdahl.
/has
ORDINANCE NO. 85-_
AN ORDINANCE TO AMEND CITY CODE OF
ORDINANCES CHAPTER 26 RELATING TO PEDDLERS
AND SOLICITORS TO PROVIDE PROCEDURES FOR
APPEAL OF DENIAL OR REVOCATION OF SUCH
PERMITS.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA
CITY, IOWA:
SECTION I. PURPOSE. The purpose of this
ordinance is to revise the City Code of
Ordinances to clarify the rights of
applicants and businesses to hearings when
applications for permits are denied by the
City Clerk, or permits are revoked.
SECTION II. AMENDMENTS. Sections 26-18
an of the owe City Code of
Ordinances are hereby repealed, and the
following are adopted in lieu thereof:
Sec. 26-18 Denial; appeal.
Any person aggrieved by the action of
the City Clerk in the denial or
revocation of a license as provided in
this chapter shall have the right of
appeal to the City Manager. Such
appeal shall be taken within ten (10)
days of the action complained of by
filing with the City Manager a written
statement setting forth fully the
grounds for the 'appeal. The City
Manager shall set a time and place for
a hearing on such appeal and notice of
such hearing shall be given to the
petitioner therefor in the same manner
as provided for notice of hearing upon
revocation. The decisions and order of
the City Manager on such appeal shall
be final and conclusive.
Sec. 26-23. Revocation; Emergency
Orders; Hearing.
The City Clerk may revoke any license
issued under this chapter where the
licensee, in the application for the
license or in the course of conducting
his/her business has made fraudulent or
Incorrect statements, or has violated
this chapter or has otherwise conducted
his/her business in an unlawful manner.
Falsification of information on the
application shall be grounds for
revocation. However, prior to revoca-
tion the City Clerk shall afford the
licensee an opportunity for a hearing
as to whether or not the license shall
Deferred to 8/13/85
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ORDINANCE NO.
PAGE 2
be revoked. Notice of the hearing on
revocation of a license shall be given
in writing, setting forth specifically
the grounds of complaint, and the time
and place of hearing. Such notice
shall be either hand delivered or
mailed by registered mail to the
licensee at his/her local address as
shown on the permit application at
least twenty-four (24) hours prior to
the time set for hearing.
If, after such hearing, the Clerk
determines that there are grounds for
revocation, or if the licensee fails to
appear at such hearing, the revocation
shall be effective immediately or at
the time and manner prescribed by the
Clerk.
SECTION II. REPEALER. All ordinances and
'Par o or nances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION III. SEVERABILITY. If any
sec —on , prov s on or par of the Ordi-
nance 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 IV. EFFECTIVE DATE. This
JFaTn—a—nc_e_sWa7l be in effect after its
final passage, approval and publication as
required by law.
Passed and approved this,
ATTEST:
CITY CLERK
RmNW A Approved
gy Y}re pepirtment
II/Z12L
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ORDINANCE NO. 85-3248
AN ORDINANCE AMENDING SECTION 8-82 OF THE
CODE OF ORDINANCES OF THE CITY OF IOWA
CITY, IOWA TO CLARIFY A STANDARD RELATING
�r
TO ISSUANCE OF HOUSE MOVERS PERMITS.
i
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION 1. PURPOSE. The purpose of this
ordinance is to amend the House Movers {
Ordinance to clarify a standard relating
to issuance of permits.
SECTION 2. AMENDMENT. Section 8-82 of
the Code of Ordinances -of the City of Iowa
City, Iowa, is hereby repealed and
substituted in its place is the following
new Section 8-82:
Sec. 8-82, Standards for permit j
issuance.
The City shall refuse to issue a
permit required by this division if:
(1) Any application requirements or ;
any fee or deposit requirement has
not been complied with. i
(2) The building is in such a state of
deterioration or disrepair or
otherwise so structurally unsafe '
that it could not be moved without j
endangering persons and property
in the city. !
(3) The building in its new location
would not comply with the building !.
code, electrical code, plumbing
code, zoning ordinance, state
energy code, and state handicapped
accessibility code, or other
ordinances in effect at the time
of the application in the govern-
mental jurisdiction where the
building is to be located. This
subsection shall not be construed
to prohibit the moving of a '
building for which an applicant
has obtained a building permit
which provides for construction or 1
alterations to the building which i
will bring it to code standards.
(4) For any other reasons, persons or
property in the city would be
endangered by the moving of the
building.
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Ordinance No. 85-3258
Page 2
SECTION 3. REPEALER: All ordinances and
parts of ordinances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION 4. SEVERABILITY: If any section,
provision or par of -He Ordinance shall
be adjudged to be invalid or unconstitu-
tional, 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 5. EFFECTIVE DATE: This Ordi-
nance shall e in effect after its final
passage, approval and publication as
required by law.
Passed and approved this 30th day of
July, 1985. 0 1 .
RBS 6 Apprved
sy The legal Deparfrnent
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Ordinance No. 85-3258
Page 2
SECTION 3. REPEALER: All ordinances and
parts of ordinances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION 4. SEVERABILITY: If any section,
provision or par of -He Ordinance shall
be adjudged to be invalid or unconstitu-
tional, 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 5. EFFECTIVE DATE: This Ordi-
nance shall e in effect after its final
passage, approval and publication as
required by law.
Passed and approved this 30th day of
July, 1985. 0 1 .
RBS 6 Apprved
sy The legal Deparfrnent
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It was moved by Strait and seconded by Ambrisco
that the Ordinance as rea a adopted and upon ro c>Tere
were:
AYES:
NAYS: ABSENT:
a
AMBRISCO
X
BAKER
X
_—
DICKSON
i'
X ERDAHL
X
_
MCDONALD
X
STRAIT
.x_
ZUBER
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It was moved by Strait and seconded by Ambrisco
that the Ordinance as rea a adopted and upon ro c>Tere
were:
AYES:
NAYS: ABSENT:
x
AMBRISCO
X
BAKER
X
_—
DICKSON
i'
X ERDAHL
X
_
MCDONALD
X
STRAIT
.x_
ZUBER
First consideration 6/18/85
Vote for passage: yes:risco, Baker, Erdahl, McDonald,
Strait. Nays: None. Absent: Dickson, Zuber.
Second consideration 7/16/85
Vote for passage yes: risco, Baker, Dickson, Erdahl,
McDonald, Strait, Zuber. Nays: None
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Date published 8/7/85
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