HomeMy WebLinkAbout1985-10-08 OrdinanceORDINANCE NO.
ORDINANCE ESTABLISHING PLANNED DEVELOPMENT
HOUSING (ODPH-8) ON 7.44 ACRES FOR MELROSE
LAKE APARTMENTS LOCATED ON WOODSIDE DRIVE
EXTENDED, IOWA CITY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. The final PDH plan
for Melrose Lake Apartments submitted by
T.H. Williams and legally described in
Attachment A is hereby approved.
SECTION II. VARIATIONS. Variations from
the underlying RS -8 zoning approved as
part of this PDH plan include multi -family
residential units rather than
single-family or duplex units; and a .
modification of the front yard require-
ments from twenty (20) feet to ten (10)
feet. The overall density remains at five
thousand (5,000) square feet per unit as
required by the underlying RS -8 zone.
SECTION III. REPEALER. All ordinances
ana pars ot or finances in conflict with
the provisions of this ordinance are
hereby repealed.
SECTION IV. SEVERABILITY. If any
section, 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 V. EFFECTIVE DATE. This Ordi-
nance Shall e in ettect after its final
passage, .approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
S :Zpproved
: Pr
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It was moved by and seconded by
that the Ordinance as read be adopted and upon ro ca ere
were:
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
DICKSON
EROANL
MCDONALD
STRAIT
ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
Re rived .3 A-) rmea
Sy The IU7ai i?aAc; nKrt
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ATTACHMENT A
Legal Description Melrose Lake Apartments
Commencing at the Northwest Corner of the Northeast Quarter of Section 16, Township
79 North, Range 6 West of the 5th. Principal Meridian; Thence N87.451390W, alone the
Centerline of Melrose Avenue, 6$6.58 feet; Thence 51.57'43"E, along the West Line of
the East Half (1/2) of the Northwest Quarter (1/4) of the Northeast Quarter (1/4) of
the Northwest Quarter (1/4). of .said Section 16, 662.71 feet to the 'Point of
Beginning; Thence S88.18'58'E. 606.83 feet to the Southwesterly Right -of -Way Lina of
the Chicago, Rock Island, and Pacific Railroad; Thence S44.53'4a8E. along sold
Railroad Right -of -May Line, 314.93 feet; Thence S50.51100"W, 221.97 feet to the
Northeast Corner of Lot 5, Lakewood Addition, on addition to the City of Ion City.
Iowa; Thence N86.26'00'W, 141.30 feet; Thence 551038100'W, along the Northerly Line
of said Lakewood Addition; 75.00 feet; Thence N66.16100'W, 71.00 feet; Thence
S53'12'00"W, 98.80 feet; Thence S53033100'W, 168.29 feet; Thence S49.10'00"W, 98.60
feet; Thence 647.09'00"W, 66.10 feet to the Southwest Corner of Lot 1 of said
Lakewood Addition; Thence N87.26100"W, 32.01 feet; Thence N1057'43"W, 657.66 feet to
the Point of Beginning. Said tract of land contains 7.44 acres more or less and is.
subject to easements and restrictions of record.
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F o L E B
OCT l 1985
CITY CLERK
October 7, 1985
Dear Mr. McDonald,
I am a property owner on Tower Court. I have written to you
before on the matter of the downzoning of the Neuzil and Melrose
Lake tracts. At that time we felt the council was very responsive
to the needs of the residents of the area. We applaud your civic
responsibility in this matter.
I am now aware that Dr. Williams has filed a PAD in order to
construct a multi -family dwelling on the Melrose Lake tract, which
he owns. As you are aware, this area has been rezoned RS -8, which
seems to negate the plan that the Williams? have filed with the
Planning and Zoning Commission. In fact, where this plan to be
adopted it would seem that the zoning would have to be changed
again, this time back to the original RS -12.
As a resident of this area I again am concerned about the
density of population, with all of the concomitant problems this
density begets, which this proposal might create. I ask you and the
members of the coucil to not take a step backwards by approving this
development plan. I realize that Dr. Williams may yet take his
recourse in this matter to the courts. Precedent would suggest that
he would be unsuccessful in this attempt. Please keep our
neighborhood the way it is today.
Sin rely you'Ps ,
Jef a A. Knoxi Ph.D.
1012 Tower Court
Cc: Cou"t(; I VvLomie z
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1005 Tower Ct.
Iowa City, IA
Oct. 3, 1985
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OCT4
1985
CITY CLERK
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Dear Mayor McDonald and members of the Iowa City Council,
It seems like only a short while ago that I was
writing to you concerning the very same issue that is
before us now. The reouest for a PAD on the Melrose Lake
property owned by the W1111amses.
We remain steadfastly opposed to increasing the density
on this parcel of land. We�are-opposed to the increase in
traffic already to great for this.area.. We oppose the idea
that the Williamses will not be able to realize"a profit
on their land without further density zoning. After talking
to our attorneys, we do not feel that the Williams could win
a law suit against the city. They can sue, of course.
Anyone can sue but winning is something else. There seems
to be some doubt as to whether it is possible for a party to
leave the way open for a lawsuit and, at the same time, apply
for a PAD.
I have learned alot listening tothe council during the
last year. Mostly I've learned that being a mayor or city
council member is a difficult, confusing, rather thankless
fob. In spite of that, I ask for your consideration of
this issue keeping in mind the number of apartments and
convestion we already have on the West side.
9 ncerely,
Betty Thomas
Member of the Melrose Lake
Coamunity Aesoc.
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STAFF REPORT
To: Planning and Zoning Commission Prepared by: Karin Franklin
Item: S-8516. Melrose Lake Apart- Date: August 15, 1985
ments - Preliminary and Final
LSRD/OPDH
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Comprehensive Plan:
Existing land use and zoning:
Surrounding land use and zoning:
Applicable regulations:
45 -day limitation period:
SPECIAL INFORMATION
Public utilities:
Public services:
Transportation:
Topography:
T. H. Williams
342 Lexington
Iowa City, IA 52240
Approval of preliminary and final Large
Scale Residential Development/Planned
Development Housing Overlay plan
To construct 34 multi -family dwelling
units
Woodside Drive extended
3.9 acres
Residential; 8-16 dwelling units/acre
Multi -family residential and undevel-
oped; RS -8
North - University Heights; residen-
tial
East - Railroad tracks, residential,
park; RS -5
South - Multi -family residential; RM -12
and RM -44
West - Undeveloped; RS -8
Zoning Ordinance, Large Scale Residen-
tial Development regulations, Storm -
water Management Ordinance
September 16, 1985
Water and sewer service are available.
Municipal police and fire service are
available. Sanitation services must be
provided by a private hauler.
Access is via an existing private drive
off of Woodside Drive.
Site includes most of Melrose Lake. The
topography is gently sloping to the
east.
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ANALYSIS:
The property in question was rezoned by the City Council from RM -12 to
RS -8 June 4, 1985 at the request of the Melrose Lake Neighborhood Associa-
tion. The rezoning request was precipitated by an application for an
amended Large Scale Residential Development (LSRD) under the previous
zoning. During review of the LSRD, the project was reviewed by the Iowa
Department of Water, Air and Waste Management (IDWAWM) since the Melrose
Lake drainage area is within that agency's jurisdiction and construction
on the dam which creates Melrose Lake requires approval by IDWAWM. IDWAWM
ruled with the previous LSRD that no construction could take place on the
dam as delineated by IDWAWM.
The current LSRD/Planned Development proposes the construction of 34 units
in two buildings on a single lot and conforms to the restrictions on the
lot imposed by IDWAWM.
Planned Development j
jA Planned Development Housing Overlay (OPDH) plan is necessary for this
project to permit the construction of multiple units in an RS -8 zone and
to make. the existing 30 unit multi -family building conforming. The
project proposed and the existing building do not exceed the density )
permitted in the RS -8 zone; the housing type will differ from the sin-
gle-family and duplex units permitted in the zone by right. The lot on
which the new development is proposed is approximately 3.9 acres which j
permits 34.8 units under the 5000 square feet/unit required with RS -8
zoning. Under the planned development proposed 34 units will be clustered
into two apartment buildings. The existing 30 unit building is sited on
3.5 acres on which 30.8 units are permitted. For the following reasons,
the staff finds that the proposed development is in harmony with surround-
ing development and will not adversely affect neighboring properties:
1. To the south are multi -family developments of similar or higher
densities.
2. To the east, the development is separated from single-family residen-
tial uses by the railroad tracks and a City park.
3. Much of the site is left in open space due to the presence of Melrose
Lake.
4. The parking provided on this plan exceeds the requirements of the
zone.
The plan meets most of the technical requirements of the zoning ordinance, j
The only variations requiring approval of the Commission and the Council
are the multi -family building type and a modification of the front yard
requirement for the southerly building. The front yard on the lot shown j
is perpendicular to Woodside Drive. Although practically this yard I
functions as a side yard due to the existence of the private drive and its
relationship to the only public street, Woodside Drive, the yard is
technically a front yard (see Zoning Ordinance definition of front yard;
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Section 36-4(y)2). The front yard dimension required by the ordinance is
20 feet. Due to the constraints of the IDWAWM delineation, the building
proposed is placed as far north as possible on the tot; a ten foot
modification in the yard requirement is requested. Since this yard will
function as a side yard, which is required to be only five feet, and
because this lot line abuts a parking area for the multi -family buildings
to the south, the staff recommends the modification requested be granted.
Large Scale Residential Development
The proposed plan appears to meet all the requirements of the Large Scale
Development regulations. The plan shows a subdivision of a larger tract
into two lots, one of which is the site of the proposed development and
one which is the site of an existing thirty unit building. This subdivi-
sion does not require City approval. Since these two lots will share
Woodside Drive extended as a driveway, it is recommended that a common
drive agreement attached to the two lots be executed.
STAFF RECOMMENDATION
The staff recommends approval of the preliminary and final Large Scale
Residential Development/Planned Development Housing Plan for Melrose Lake
Apartments with a modification in the front yard requirement for the
southeasterly lot from 20 feet to 10 feet upon resolution of the defi-
ciency noted below.
DEFICIENCIES AND DISCREPANCIES
1. Storm water management calculations are required demonstrating the
capacity of the lake to detain the 100 year storm, the relationship of
the 100 year flood line to the first floor elevations of the proposed
construction, and details of any modifications required in the outlet
control box.
ATTACHMENTS
Location map
ACCOMPANIMENTS
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Plan \
Approved by: <<_
Donald SchMelser, Director
Department of Planning and
Program Development !
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SUMMARY REPORT
To: City Council
From: Planning and Zoning Commission
Item: S-8516. Melrose Lake Apartments Preliminary and Final LSRD/PDH Plan
APPLICATION INFORMATION
Applicant: T.H. Williams
Request: Preliminary and Final LSRO/PDH-8 Plan Approval
Location: Woodside Drive Extended
Existing Zoning: RS -8 residential; single family and duplex.
Proposal: Construction of 34 multi -family dwelling units. Total number of
units will meet the RS -8 density of the 7.44 acre tract. Multi-
family units requested to preserve Melrose Lake and allow
reasonable use of the property; modification to front yard
requirements also requested.
PLANNING & ZONING COMMISSION RECOMMENDATION
Date of Recommendation: September 5, 1985
Recommendation:. Approval
Recommended Variations and Rationale:
In recommending in favor of this request, the Commission found the following
variances from the applicable provisions of the Zoning Ordinance to be
appropriate:
1. Multi -family rather than single-family or duplex construction.
Reasons for approval:
a. A portion of the tract is undevelopable because the Iowa Department
of Water, Air and Waste Management (IDWAWM) has ruled that no
construction can take place on the dam of Melrose Lake.
b. It is the desire of the Council, the Commission and the public to
preserve Melrose Lake; the design seems to guarantee the integrity of
the lake.
c. The underlying density requirements of the zone (RS -8) are met, and
no additional units can be constructed on the property in the
future.
d. The existing 30 -unit apartment building on the tract becomes
conforming.
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e. There are multi -family developments of similar or higher density to
the south.
f. The proposed development is separated from single-family residential
uses to the east by the railroad tracks and a City park.
g. The parking provided by this plan exceeds the requirements of the
zone and addresses the parking concerns raised previously.
h. The development is in conformance with the Comprehensive Plan policy
to encourage infill development and promote efficient, compact
development in Iowa City in order to provide services as economically
as possible.
2. Modification of front yard requirements:
Modification of the front yard from 20 feet to 10 feet is required for
the southerly building; approval of this modification is recommended
because:
a. Although classified as a front yard because the lot frontage is a
public street (Woodside Drive), in practice, this yard functions as a
side yard, with the building front oriented to the private drive.
Only five foot sideyards are required in this zone.
b. The IDWAWM delineation of the Melrose Lake dam does not permit the
building to be moved further north to permit a 20 foot front yard
setback.
c. The subject yard abuts at parking lot for multi -family dwellings to
the south, and there is approximately 75 feet between these existing
buildings and the proposed building.
FINDINGS
For the reasons stated above, the Planning and Zoning Commission finds that
the proposed development is in harmony with surrounding development, will not
adversely affect neighboring property, conforms with the Comprehensive Plan,
and maintains the integrity of Melrose Lake as open space.
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City of Iowa City
MEMORANDUM
Date: October 2, 1985
To: City Council
From: Marianne Milkman, Associate Planner rlt
Re: Melrose Lake Apartments
Mr. Williams is requesting approval of a Planned Development Housing plan
(PDH -8) and a preliminary and final Large Scale Residential Development
(LSRD) pian for Melrose Lake Apartments. An amended LSRD plan for the
area, requested in October 1984, was not approved by the Iowa Department
of Water, Air and Waste Management (IDWAWM), and was objected to by the
neighbors. This amended plan was withdrawn by the applicant.
Since that time the property has been rezoned from RM -12 to RS -8. The
main concerns relating to the rezoning were the potential density of
development under RM -12, the preservation of Melrose Lake, parking and
traffic problems in the area, and the conservation of open space in a
densely populated area of the City.
The applicant is requesting planned development housing in order to
construct multi -family units rather than single-family or duplex units.
Because Melrose Lake constitutes about one-half of the property in
question, available developable'land is limited. This developable area is
further reduced by the regulations of the IDWAWM which does not permit
construction on the area constituting the dam for Melrose Lake. These
restrictions and the need to subdivide the property and provide a public
street built to City standards, would permit a very limited number of
single-family or duplex units to be constructed.
The attached plans show the proposed location of the buildings on the 1984
and 1985 LSARD applications. The table below compares the permitted and
proposed densities and number of dwelling units for the two proposals,
1984 Plan (RM -12) 1985 Plan (RS -8)
Total Area 7.44 acres 7.44 acres
Permitted Units 118 64
Existing Units 30 30
Additional Units Permitted 88 34
Additional Units Proposed 38 34
The main differences shown on the 1985 proposal are:
1. No construction on the dam area.
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2. Additional parking provided.
3. No additional units can be constructed under PDH -8 zoning (under R14-12
zoning the lake could have been drained and an additional 50 units
constructed); the integrity of Melrose Lake is maintained.
Approval of IDWAWM:
IDWAWM is currently reviewing the plans for this development. Comments
will be available in approximately three weeks. The preliminary indica-
tion from IDWAWM is that provided the plans comply with the requirements
detailed in a letter dated 12-4-84, approval is likely.
_. Summary Report•
i
The Planning and Zoning Commission Summary Report explains the reasons for
the Commission's recommended approval of this application. Staff concurs
with this reconmendation.
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MELROSE LAKE APARTMENTS
1984 LSRD NIENDNENT -
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MELROSE LAKE APARTMENTS
1985 LSRD
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City of Iowa City
(-- MEMORANDUM
Date: October 8, 1985
To: City Council
From: Marianne Milkman, Associate Planner
Re: Melrose Lake Apartments
1984 LSRD Plan 1985 LSRD Plan
Additional proposed units. 38 34
# units by bedroom size - 1BR 0 4
2BR 0 26
38R 38 4
Total # Bedrooms 114 68
(40% reduction)
Parking
# spaces required 76 68
# spaces proposed 76 .73
(38 in garage) (38 in garage)
According to the developer, the 1985 plan units are designed for an elderly
clientele. Units are large, with large garages providing additional storage
space. Garages are accessible from the inside of the building. Buildings and
units are also handicapped accessible.
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City of Iowa City
(-- MEMORANDUM
Date: October 8, 1985
To: City Council
From: Marianne Milkman, Associate Planner
Re: Melrose Lake Apartments
1984 LSRD Plan 1985 LSRD Plan
Additional proposed units. 38 34
# units by bedroom size - 1BR 0 4
2BR 0 26
38R 38 4
Total # Bedrooms 114 68
(40% reduction)
Parking
# spaces required 76 68
# spaces proposed 76 .73
(38 in garage) (38 in garage)
According to the developer, the 1985 plan units are designed for an elderly
clientele. Units are large, with large garages providing additional storage
space. Garages are accessible from the inside of the building. Buildings and
units are also handicapped accessible.
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City of Iowa City
MEMORANDUM
Date: October 3, 1985
To: City Council
From: Barry Beagle, Associate Planner
Re: V-8502. Disposition of a Portion of Peterson Street Right -of -Way
Hallmark Homes, Inc. has made an offer to purchase the east -half of Peterson
Street right-of-way south of its proposed extension into Vista Park Village.
This parcel will be combined with a lot in the proposed subdivision to meet
the minimum dimensional requirements of the RS -5 zone and be covered by a
utility easement. On September 19, 1985, the Planning and Zoning Commission
recommended to vacate the entire right-of-way width, south of Peterson Street
extended, finding no public purpose in retaining the west 25 feet as public
right-of-way. A purchase offer of $100 has been submitted by the applicant
to acquire the east -half of the right-of-way.
This memorandum is intended to evaluate the purchase offer submitted by the
applicant. According to Resolution No. 84-318, "the value (of the subject
parcel) shall be based upon a price per square foot reflected in a sale
within the past year of adjacent properties, or the assessed value of
adjacent properties, whichever is greater." Since no sale of adjacent
properties has taken place in the past year, the value of the vacated parcel
shall be based upon the assessed value of the applicant's lot. Apportioning
the assessed value of the applicant's lot to the subject parcel reveals a
cost of $99.18. This value was derived as follows:
Assessed Value of Applicant's Lot: $6,725.00
Area of Applicant's Lot: 266,151.6 square feet
Area of Subject Parcel: 3,920.4 square feet
Assessed Value per Square Foot:
$6,720.00 - 266,161.6 sq. ft. = $0.025
The Value of Subject Parcel:
3,920.4 sq. ft. x $0.025 = $99.18
As you will notice, the purchase offer submitted by the applicant is equiva-
lent to the value derived using the assessed value method. Since the
applicant's lot is presently vacant, the assessed value is based upon the
"Agricultural Land Value" which is a measure of productivity. This value is
not reflective of the applicant's intent to develop this property as a
residential subdivision. As a truer measure, staff determined the value of
the two residential lots abutting the west -half of the right-of-way.
Assuming the area of the west -half to be equal to the east -half, the value of
the west -half would be $5,253.33. This value was derived as follows:
Lot 492:
Assessed Land Value (minus improvements): $18,720.00
Area: 13,993 square feet
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Lot 493:
Assessed Land Value (minus improvements): $18,480.00
Area: 13,800 square feet
Assessed Value per Square Foot:
Lot 492: $18,720.00 - 13,993 sq. ft. = $1.34
Lot 493: $18,480.00 - 13,800 sq. ft. = $1.34
Value of the West -Half:
3,920.4 sq. ft. x $1.34 = $5,253.33
As an alternative, an average of the assessed values per square foot of the
applicant's lot (50.025) and the two lots on the west side of the right-
of-way ($1.34) could be applied ($0.68). The result is a value of $2,665.87
for the east -half of the Peterson Street right-of-way. It is staff's recom-
mendation that the average ($0.68) of the assessed values per square foot be
applied. The price of the parcel should closely reflect the proposed
residential development of the applicant's property. Not knowing what the
assessed value of the applicant's property will be when developed applying
the average would seem to be equitable.
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ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF THE
PETERSON STREET RIGHT-OF-WAY LOCATED
ADJACENT TO THE PROPOSED VISTA PARK
VILLAGE SUBDIVISION.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA
CITY, IOWA:
SECTION I: That the following -described
rig -o -way in Iowa City, Iowa, is hereby
vacated for use as a street:
Commencing at the southwest corner of
the northwest fractional quarter of
Section 18, Township 79 North, Range 5
West of the 5th Principal Meridian;
thence north 00043'39" west, (A
Recorded Bearing), along the west line
of said northwest fractional quarter of
Section 18, 1052.00 feet; thence north
00043'39" west, along said west line,
54.00 feet, to the northeast corner of
Parcel 3 of the plat of survey,
recorded in Plat Book 19, at page 84,
of the Records of the Johnson County
Recorder's Office, which is the Point
of Beginning; thence, north 86059'26"
west, along the northerly line of said
Parcel 3, 19.43 feet, to a point which
is 25.00 feet normally distant easterly
of the easterly line of Part 11A Court
Hill, an Addition to the City of Iowa
City, Iowa, as recorded in Plat Book 9,
at page 40, of the Records of the
Johnson County Recorder's Office;
thence north 00056'18" west, along a
line parallel with the east line of
Part 11A Court Hill Addition, 211.29
feet; thence southeasterly, 26.17 feet,
along an 85.00 foot radius curve,
concave northeasterly, whose 26.07 foot
chord bears south 51425'20" east, to a
point on the west line of said north-
west fractional quarter of Section 18;
thence south 00043'39" east, along said
west line, 196.04 feet, to the Point of
Beginning. Said tract of land contains
0.09 acres more or less, and is subject
to easements and restrictions of
record.
SECTION II: The above-described parcel of
an w be subject to the easements and
restrictions of record.
Ordinance No.
Page 2
SECTION III: This ordinance shall be in
fu force and effect when published by
law.
SECTION IV. REPEALER: All ordinances and
parts of or inances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY: If any section,
prov sion 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.
SECTION VI. EFFECTIVE DATE: This Ordi-
nance shall e in effect after its final
passage, approval and publication as
required by law.
Passed and approved this
ATTEST:
eexlvcA &
Approved
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AN ORDINANCE ESTABLISHING RESEARCH -SERVICE
FACILITIES, WAREHOUSES, AND DISTRIBUTION
CENTERS AS ELIGIBLE FOR PARTIAL EXEMPTION
FROM PROPERTY TAXES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY:
SECTION I. PURPOSE. That the Legislature
has expanded the types of property
eligible for partial property tax exemp-
tion to include research -service facili-
ties and the City Council wishes to amend
the Code of Ordinances to conform with
that amendment, and to add warehouses and
distribution centers to the list of
eligible properties.
SECTION II. AMENDMENT.
A. That owa City Code of Ordinances
Sections 32.1-31 and 32.1-33 are
deleted and the following inserted in
lieu thereof:
Section 32.1-31. There is hereby
established a partial exemption from
property taxation of the actual value
added to industrial real estate by the
new construction of industrial real
estate, research -service facilities,
warehouses, distribution centers and
the acquisition of or improvement to
machinery and equipment assessed as
real estate pursuant • to Section
427A.1, Subsection 1, paragraph a of
the 1985 Code of Iowa,.
Section 32.1-33. Period and
Amount of Exemption. The actual value
added to industrial real estate for
the reasons specified in Section
32.1-31 is eligible to receive a
partial exemption from taxation for a
period of five years. However, if
property ceases to be classified as
industrial real estate or ceases to be
used as a research -service facility,
warehouse or distribution center, the
partial exemption for the value added
shall not be allowed for subsequent
assessment years. The amount of
actual value added which is eligible
to be exempt from taxation shall be as
follows:
a. For the first year, 75%.
b. For the second year, 60%.
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E
Ordinance No.
Page 2
c. For the third year, 45%.
d. For the fourth year, 30%.
e. For the fifth year, 15%.
B. That Iowa City Code of Ordinances
Section 32.1-32 be amended to add the
following:
Section 32.1-32(d). Research -
service facilities. A building or
group of buildings devoted primarily
to research and development activi-
ties, including, but not limited to,
the design and production or manufac-
ture of prototype products for
experimental use, and
corporate -research services which do
not have a primary purpose of provid-
ing on-site services to the public.
Section 32.1-32(e). Warehouse. A
building or structure used as a public
warehouse for the storage of goods
pursuant to Chapter 554, Article 7 of
the 1985 Code of Iowa, except that it
does not mean a building or structure
used primarily to store raw
agricultural products or from which
goods are sold at retail.
Section 32.1-32(f). Distribution
center. A building or structure used
primarily for the storage of goods
which are intended for subsequent
shipment to retail outlets. Distribu-
tion center does not mean a building
or structure used primarily for any of
the following purposes: to store raw
agricultural products, by a manufac-
turer to store goods to be used in the
manufacturing process, for the storage
of petroleum products, or for the
retail sale of goods.
SECTION III. REPEALER. All ordinances
and parts of or nances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY. If any
section, prov sion 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.
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City of Iowa City
MEMORANDUM
Date: October 2, 1985
To: City Council C
From: Patt Cain, Associate Planner �o
Re: Proposed Ordinance Establishing Research -Service Facilities as
Eligible for Partial Exemption from Property Taxes
The' attached ordinance would make the following additions to the City'.s
present tax abatement regulations:
1. Research -service facilities are defined and included as eligible for
the partial tax exemption.
This inclusion is now possible because of Senate File 576 passed this
spring by the Iowa General Assembly. The definition of research -
service facility in the proposed ordinance is copied directly from
that bill. Last February the Mayor, on behalf of the City Council,
wrote to local State representatives in support of expanding eligible
reaV estate to include research/high technology type uses.
2. Warehouses and distribution centers are specified as eligible for
exemption.
These uses are already eligible according to State law and interpreta-
tion of intent when the City's ordinance was passed last year. This
change is merely for clarification and does not alter the current
practice.
3. Language which would rescind the partial exemption if the property
ceases to be classified as or used for an eligible purpose is added.
This language was added to the Iowa Code in 1984 and is included in
the proposed amendment to be consistent with State law and to have the
local regulations complete and clear.
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