HomeMy WebLinkAbout1985-11-12 OrdinancePlanning and Zoning Commission
Recommendation 10/3/85
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO ESTABLISH A RESEARCH DEVELOPMENT
PARK (ROP) ZONE.
BE IT ORDAINED BY THE CITY COUNCIL OF IOIIA CITY, IOWA:
SECTION I. PURPOSE. The purpose of this ordinance is to establish a zone to
provide areas for the location of office, research, limited production and/or
assembly and similar uses.
SECTION II. AMENDMENTS. The Zoning Ordinance, Chapter 36 of the Iowa City
Code of Ordinances, is hereby amended as follows:
Sec. 36-5(a) shall be deleted and the following inserted in lieu thereof:
(a) Intent. This zone is intended to provide for areas of managed growth in
which agricultural and other non -urban uses of land may continue, until
such time as the City is able to provide municipal services and urban
development can take place. Upon provision of municipal services, the
City will and the property owner may initiate rezoning of property to uses
consistent with the Comprehensive Plan. ID designations on the zoning map
shall be reevaluated with each revision of the Comprehensive Plan. ID
designations shall consist of ID -RS (single-family residential), ID -RM
(multi -family residential), ID -ORP (office research park), and ID-RDP
(research development park) to reflect the intended use of the property in
the future.
Sec. 36-5(c) shall be amended by adding the following:
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(4.1) Research development park (RDP) uses provided they are developed in
accordance with the applicable special provisions of this zone.
Sec. 36-5(g) shall be amended by adding the following:
(3) Research development park uses may develop in those areas designated
ID-RDP in accordance with the requirements of the RDP zone Any such
uses shall be constructed to full City development standards and shall
provide approved private water and sewer facilities until such time as
Cid services are extended to the area.
Sec. 36-24, provisions for a Research Development Park Zone (RDP) shall be
added as follows: j
Sec. 36-24. Research Development Park Zone (RDP).
(a) It is intended that this zone provide areas for the development of office,
research, limited production and/or assembly, and similar uses. The
requirements of this zone are intended to provide protection from adverse
impacts of uses within this zone on adjacent land uses. Hotels, motels,
and similar uses should be located along the periphery of the zone or in
such other locations that do not adversely affect the setting and quality
of development for the permitted uses of the zone.
(b) Permitted uses.
(1) Data processing and computer operations.
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(2) Merchandise and product display centers, but not including the retail
sale of merchandise.
(3) Offices for business, educational, financial, governmental, indus-
trial or professional uses.
(4) Research, testing, and experimental laboratories.
(5) Establishments for the manufacture, assembly, service, and repair of
the products listed below:
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a. Pharmaceuticals.
b. Office, computing, and accounting machines.
c. Communication equipment.
d. Electronic components and accessories.
e. Engineering, scientific and research laboratory equipment.
f. Measuring and controlling instruments.
g. Optical instruments and lenses.
h. Surgical, medical, and dental instruments and supplies.
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i. Photographic equipment and supplies.
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j. Electrotherapeutic, electromedical, and x-ray apparatus.
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k. Jewelry, silver, and plated ware.
(6) Printing and publishing facilities.
(c) Provisional uses.
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(1) Warehousing, storage, and distribution facilities associated with and
related to any of the principal uses described in subsection (b), r
above, and physically attached to a structure or structures occupied
by such facilities. Such facilities may occupy up to 60 percent of
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the total gross floor area occupied by the use.
(d) Special exceptions.
(1) Child care facilities.
(2) Communication stations, centers, studios and towers, provided that
towers shall be located at least as far away from lot lines as their
height above grade.
(3) Heliports and helistops subject to the requirements of Section
36-55.
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(4) Hotels, motels and convention centers, and restaurants accessory
thereto.
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(5) Public utilities, except public utility storage yards.
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j(6) Schools - specialized private instruction.
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(e) Dimensional requirements.
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(1) Minimum lot area: two (2) acres. ;
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(2) Minimum lot width: None. j
(3) Minimum lot frontage: None. f{
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(4) Required yards: •i
Front - none, except where a lot abuts or is across the street from a
residential zone, an ORP or ID zone, no building, or parking
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or loading area shall be closer to the zone boundary than
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150 feet. A parking area may be located to within 60 feet of
a residential, ORP, or ID zone boundary if the parking area
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' is screened as provided in Section 36-76(j)(1)b.
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Side - none, except where a lot abuts or is across the street from a
residential zone, an ORP or ID zone, no building, or parking
or loading area shall be closer to the zone boundary than
150 feet. A parking area may be located to within 60 feet of
a residential, ORP gr ID zone boundary if the parking area is i
screened as provided in Section 36-76(j)(1)b.
Rear - none, except where a lot abuts or is across the street from a
residential zone, an ORP or IO zone, no building, or parking
or loading area shall be closer to the zone boundary than 150
feet. A parking area may be located to within 60 feet of a
residential, ORP or ID zone boundary if the parking area is
screened as provided in Section 36-76(j)(1)b. i
(5) Maximum building bulk:
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Height - three stories. 9
Lot coverage - 50%. Ii
(f) General provisions. All principal and accessory uses permitted within
this zone are subject to the requirements of Articles III and IV of this
Chapter, the divisions and sections of which are indicated as follows:
(1) Accessory uses and requirements: See Article III.
a. Permitted accessory uses and buildings: See Section 36-56.
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b. Accessory use and building regulations: See Section 36-57.
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C. Off-street parking requirements: See Section 36-58
d. Off-street loading requirements: See Section 36-59.
e. Sign regulations: See Section 36-60.
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f. Fence regulations: See Section 36-64.
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(2) General provisions: See Article IV:
a. Dimensional requirements: See Division I.
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b. Tree regulations: See Division II. {
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c. Performance standards: See Division III.
d. Nonconformities: See Division IV.
(g) Special provisions.
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(1) In no instance shall an area zoned ROP be less than 10 acres. 1
Sec. 36-56(e) shall be deleted and the following inserted in lieu thereof:
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(e) In the ORP, I and RDP zones. There may be any accessory use including but
not limited to printing, publishing, design, development, fabrication,
assemblage, storage and warehousing, and child care facilities provided
that:
(1) Fences are erected in compliance with Sec. 36-65.
(2) Off-street parking and loading are provided as required in Sections
36-58 and 36-59.
(3) Signs are erected in compliance with Sec. 36-60.
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(4) A communication tower's distance from an R zone is at least equal to
the height of the tower.
Sec. 36-58(d)(2)b. shall be deleted and the following inserted in lieu thereof:
b. In I, ORP and RDP zones, the nearest point of the parking area to the
nearest point of the building that the parking area is required to serve
shall not be greater than 600 feet.
Sec. 36-62(a)(2)j.l. shall be deleted and the following inserted in lieu
thereof:
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1. Off -premises signs shall not be permitted in residential, CO -1, CN -1,
CB -10, ORP and RDP zones. In the CB -2 zone, only off -premises facia signs
shall be allowed. Off -premises signs may be billboard signs or any other
type of sign allowed in the zone in which the sign is located.
Sec. 36-62(c)(1)a.2. shall be deleted and the following inserted in lieu
thereof:
2. Non-residential uses in the ID -ORP zone, other than ORP uses, and in the
IO-RDP zone, other than ROP uses, shall be required to comply with the sign
regulations of the CO -1 and CN -1 zones.
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Sec. 36-62(c)(1)a. shall be amended by adding thereto the following:
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5. RDP uses in an ID-RDP zone shall be permitted signage in accordance with
the requirements of the RDP zone.
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Sec. 36-62(c)(6) shall be deleted and the following inserted in lieu thereof:
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(6) I-1, I-2, ORP and RDP zone regulations.
a. Permitted signs.
1. Facia signs.
2. Only one (1) of the following signs:
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a. Identification monument sign.
b. Identification free-standing sign.
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3. Window signs.
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b. Provisional signs. j
I. When two (2) or more uses are located on a lot, a common monument j
or free-standing sign may be erected. The maximum area of the
common sign may be 50% larger than the area of the maximum
individual sign allowed. j
2. In the I-1 and I-2 zones, two free-standing or monument signs are
permitted provided that the distance between the two signs is no !
less than 150 feet as measured along the frontage of a single
lot.
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C. Dimensional requirements.
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1. Uses in this zone shall be allowed a maximum building sign area
per sign wall equal to 15% of the sign wall on which the sign is
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to be located.
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2. Individual sign allowances.
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a. S_ignn: Facia. i
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Maximum Area: 15% of the sign wall area.
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Maximum Height: None.
b. Sign: Monument.
Maximum Area: Two (2) square feet per lineal foot of lot
frontage, not to exceed 150 square feet or 75 sq. ft. per sign
face. j
Maximum Height: Five (5) feet.
C. Sign: Free-standing
Maximum Area: One (1) square foot per lineal foot of lot
frontage not to exceed 100 square feet or 50 sq. ft. per sign
face.
Maximum Height: 25 feet.
d. Sign: Window.
Maximum Area: 25% of the area of the window where it is
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mounted.
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Maximum Height: None.
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Sec. 36-65(c)(2) shall be deleted and the following inserted in lieu thereof:
(2) Except for the enclosure of livestock operations, barbed wire fences shall
be permitted only in the C, I, ORP or RDP zones, provider that the bottom
strand of barbed wire shall not be less than six (6) feet above grade.
Sec. 36-70(a)(2) shall be deleted and the following inserted in lieu thereof:
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(2) In the C, I, ORP and ROP zones.
a. Grain elevators.
b. Radio and television communication towers.
c. Stacks.
d. Storage tanks and water towers.
Sec. 36-76(a)(1) shall be deleted and the following inserted in lieu thereof:
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(1) In all C zones, and in the ORP and RDP zones, the emission beyond lot
lines of smoke darker in shade than Ringlemann No. 1 from any chimney,
stack, vent, opening, or combustion process is prohibited.
Sec. 36-76(b)(1) shall be deleted and the following inserted in lieu thereof:
(1) In all C zones, and in the ORP and RDP zones, the emission of particulate
matter suspended in air shall not exceed 0.35 grains (.0023 ounces) per
standard cubic foot (70 degrees F. and 14.7 psia) of air during any
one-hour period or a total from all vents and stacks of one-half (1/2)
pound per hour per acre of lot area during any one-hour period.
Sec. 36-76(d)(1) shall be deleted and the following inserted in lieu thereof:
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(1) In all C zones, and in the ORP and RDP zones, the release beyond lot lines
of airborne toxic matter shall not exceed 1/8th of the Threshold Limit
Values.
Sec. 36-76(e)(1) shall be deleted and the following inserted in lieu thereof:
(1) In all ID and C zones, and in the ORP and RDP zones, when measured beyond
lot lines at ground level or habitable elevation, odorous matter shall not
exceed the odor threshold concentration.
Sec. 36-76(f) shall be deleted and the following inserted in lieu thereof:
(f) Vibration. Earthborne vibrations from any operation or activity shall not
exceed the displacement values below. Vibration displacements shall be
measured with an instrument capable of simultaneously measuring in three
mutually perpendicular directions. The maximum vector resultant shall be less
than the vibration displacement permitted.
The maximum displacements shall be determined by the following formula:
K
D = f where D = displacement in inches
K = a constant given in table below
f = the frequency of the vibration transmitted
through the ground in cycles per second.
Constant K by Type of Vibration
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Impulsive (at least 1
second rest between Less than 8
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Zone and Place pulses which do not pulses per
of Measurement Continuous exceed 1 second duration) 24 -hr period
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C Zones,and ORP I
and ROP Zones: 0.003 0.006 0.015
at lot lines
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I Zones:
a. at zone 0.030 0.060 0.150
boundary lines
b. at R zone, 0.003 0.006 0.015
recreational
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area, or school
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boundary lines
Sec. 36-76(j)(1)a. shall be deleted and the following inserted in lieu
thereof:
a. Except for a use in an ORP or RDP zone, screening shall be provided along
lot lines or street right-of-way in a manner sufficient to effectively
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obscure the commercial or industrial use from view at ground level within
the lot lines of a residential, or ORP zone, or school, abutting or located
across the street from said commercial or industrial use.
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Sec. 36-76(j)(1)b. shall be deleted and the following inserted in lieu
thereof:
b. In an ORP or ROP zone where parking is located within 60 feet of an R, ORP
or ID zone boundary, screening shall be provided in a location and manner
sufficient to effectively obscure all off-street parking and loading,
storage, or other such areas of activity from view within the lot lines of
the residential Zone or school.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict
with the provision of this ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance
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 Ordinance shall be in effect after its final
passage, approval and publication as required by law.
Passed and approved this
MAYOR
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PAGE 16
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY LOCATED NORTHWEST OF MALL DRIVE.
THE CITY COUNCIL OF IOWA CITY, IOWA,
HEREBY FINDS THAT:
1. The property described in Section I
below (the subject property) has been
classified General Industrial (I-1) to
conform to the present use of the entire
j tract of which said property is part, and
which is occupied by Oral-B Laboratories,
Inc.
2. The owner of the subject property
has indicated that it has no need for such
land for its business, and has requested
that it be rezoned to Community Commercial
(CC -2) to allow development.
f 3. Many uses permitted in the General
If Industrial Zone would be incompatible with
both the present use of applicant's
property, and neighboring uses.
4) 4. Community Commercial zoning of the
subject property will more nearly reflect
= neighboring uses, and recent development
in the vicinity, and will help -preserve
the character of the neighborhood.
5. Preservation of the area will
promote the public welfare, including the
maintenance of property values.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
SECTION I. The zoning classification
of Me property described below is hereby
j changed from General Industrial (I-1) to
Community Commercial (CC -2) and the
boundaries of the CC -2 zone as indicated
upon the zoning map of the City of Iowa
City, Iowa shall be changed to include the
property located northwest of Mall Drive
and identified as follows:
A portion of a tract of land
describedin Warranty Deed dated
April 30, 1971, recorded in the
Johnson County Recorder's Office,
Book 361, page 484, more particu-
larly described as follows:
Commencing at a Standard
Concrete Monument found at the
Southeast Corner of the Southeast
Quarter of Section 14, Township 79
ao.7s
Ordinance No.
Page 2
North, Range 6 West of the Fifth
Principal Meridian, thence
N1038'40"W, along the east line of
said Southeast Quarter, of Section
14, 842.19 feet; thence 1463027'10"W,
(An Assumed Bearing for purposes of
this Description only) along the
Southerly right-of-way line of the
Chicago, Rock Island and Pacific
Railroad, 275.82 feet, to a 5/8
inch iron pin with cap stamped
S.H.A. found, which is the Point of
Beginning; thence continuing in
N63027'10"W, 402.66 feet along said
Southerly right-of-way line, to the
Northerly Corner of Lot 2; thence
522055'40"E, 56.07 feet to the
Northeasterly Corner of Lot 3;
thence S67004'20"W, 400.00 feet
along the Northwesterly lines of
Lots 3 through 6; thence
545048140"W, 142.50 feet along the
Northwesterly line of Lot 7; thence
544011120"E, 145.61 feet; thence ?
S22055'40"E, 62.63 feet to a Point i
on the Northwesterly right-of-way
line of Mall . Drive; thence
N67004'20"E, 741.64 feet along said
northwesterly right-of-way line to
the Point of Beginning. Said tract
of land contains 3.74 acres more or
less.
SECTION II. The Building 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 publica-
tion of this ordinance as provided by law. !
SECTION III. The City Clerk is hereby
aut orae 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 par s of ordinances in conflict with
the provisions of this ordinance are
hereby repealed.
SECTION V. SEVERABILITY. If any
sectl on, proves on or part o this Ordi-
nance shall be adjudged to be invalid or
unconstitutional, such adjudication shall
not affect the validity of the Ordinance
aoaS
Ordinance No.
Page 3
as a whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION VI. EFFECTIVE DATE. This
Ordinance shall a n e ec after its
final passage, approval and publication as
required by law.
Passed and approved thisMAYOR
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ATTEST:
CITY CLERK
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OFRCFRS
SMAM SCNEUEFOMN
STEVEN F. NCMARDSON
JOE B. FACNIEN
JEFYIV MISER
CARX aARKET4 COIN
October 11, 1985
Iowa City Council
Civic Center
Iowa City, IA 52240
RE: Rezoning & Subdivision Request by Owens Brush, Inc.
Ladies & Gentlemen:
Please set a public hearing on the above as early as possible and waive
readings as you feel appropriate.
Sincerely,
Ca10-�
Carol Barker, CCIH
SCHEUERHAN-RICHARDSON, INC.
CB:srp
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cc: Larry Schnittjer
OCT 111985 {i
MARIAN RR
LERK ((1)
o�O�G
SCHEUERMAN-RICHARDSON, INC.
REALTORS
SIO S CWTON S 111M
PA box M
IOWA CITY, IOWA 522"
Iowa City Council
Civic Center
Iowa City, IA 52240
RE: Rezoning & Subdivision Request by Owens Brush, Inc.
Ladies & Gentlemen:
Please set a public hearing on the above as early as possible and waive
readings as you feel appropriate.
Sincerely,
Ca10-�
Carol Barker, CCIH
SCHEUERHAN-RICHARDSON, INC.
CB:srp
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cc: Larry Schnittjer
OCT 111985 {i
MARIAN RR
LERK ((1)
o�O�G
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Barry T. Beagle
Item: Z-8504. Owens Brush, Inc. Date: October 3, 1985
GENERAL INFORMATION
Applicant: Owens Brush, Inc. Owner
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P.O. Box 552
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Iowa City, IA 52244
338-5411
Requested action:
Rezoning from I-1 to CC -2.
Purpose:
To establish a seven (7) lot
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commercial subdivision.
Location:
On the west side of Mall Drive
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near its intersection with
First Avenue.
Size:
3.74 acres.
Existing land use and zoning:
Agricultural; I-1.
Existing improvements:
None
Surrounding land use and zoning:
West- Stormwater Detention
Basin (Owens Brush);
I-1.
East- Vacant; CC -2.
North- Chicago, Rock Island
and Pacific Railroad,
Residential; RS -5,
RM -12.
South- Industrial parking lot
(Owens Brush); I-1.
Comprehensive Plan:
Industrial
45 -day limitation period:
October 21, 1985
SPECIFIC INFORMATION
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Public utilities:
Adequate capacity for water
and sanitary sewer service is
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available to this area.
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Public services:
Transportation:
Physical characteristics:
ANALYSIS
1. Proposal:
Adequate police and fire
protection to be provided by
Iowa City.
Access to the site will be
provided by Mall Drive, a
paved, two-lane local street.
The site is nearly flat,
draining to the north/north-
west into a stormwater
detention basin to be main-
tained by Owens Brush.
Currently, the site is used
for agricultural purposes for
what appears to be crop
production. A dense stand of
mature trees runs along the
north property line adjacent
to the railroad tracks forming
a vegetative buffer between
the site and adjacent residen-
tial properties to the north.
The applicant is seeking CC -2 zoning for 3.74 acres of their 25.9
acre property to establish a seven (7) lot commercial subdivision.
Located at the extreme east corner of their property, the site is of
minimal value to the applicant for industrial purposes since it would
not permit any building expansion. The site has become a "remnant
parcel," separated from the building by a paved parking lot and a
required stormwater detention basin. As an unusable open space to the
applicant, it is seeking CC -2 zoning to provide a useful purpose for
this area of the property. The accompanying preliminary and final
plats (S-8520) of Mall Drive Subdivision identify the manner in which
the applicant intends to subdivide the property.
1. Zoning History:
The Owens Brush facility was originally constructed in the 1960s. In
1980, they received LSNRD approval to construct a 67,500 square foot
addition onto the west end of the existing building for manufacturing
and warehouse space. An additional 175 parking spaces were added to
the parking area at that time.
2. Rezoning:
In evaluating this request for rezoning, staff took four items into
consideration. first, the relationship of this request to the
Comprehensive Plan; second, the land use relationships established
through the rezoning request; third, the suitability of the site as
020.2,6
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presently zoned; and finally, transportation and the availability of
support services (i.e. water, sanitary sewers, stormwater management
and emergency services).
In review of each of these considerations staff's analysis is as
follows:
A. Relationship with Comprehensive Plan:
The Comprehensive Plan identifies the area northwest of Mall Drive
for "Industrial" land use. The primary reason this area was
designated for industrial land use was because of the existing
Owens Brush facility. Properties southeast of Mall Drive are
identified for "General Commercial" land use and are similarly
zoned and used.
The Comprehensive Plan is not intended to be site specific, but
rather, is intended as a general guide for land development. Given
the location of the site at the border of the two land use
categories, CC -2 zoning can be interpreted to be compatible with
the Plan. As a result, an amendment to the Comprehensive Plan to
permit the zoning requested would not be required, since the
zoning boundaries are considered to be somewhat flexible and the
change proposed is not a major policy decision.
B. Land Use Relationships.
With the developments of Eastdale Plaza and numerous other
commercial establishments along First Avenue and Mall Drive east
of the site and with Sycamore Mall south of the site, this area is
principally commercial in character. All commercial properties
within the vicinity of this site are similarly zoned CC -2. The
rezoning of this site would not be inconsistent or imcompatible
with surrounding land use patterns as established. The commercial
development of this site will also have a negligible impact on
residential properties north of the site due to the railroad and
established vegetative buffer which separates these two areas.
C. Suitability of Site as Presently Zoned:
The types of uses permitted in the I-1 zone are land consumptive
in nature; the size and shape of this site limit the potential
for this type of industrial development. If allowed to develop
for industrial purposes it could have a negative impact on
established commercial uses along Mall Drive and this area could
further inhibit the commercial development of vacant properties
opposite Mall Drive from the site. In addition, Mall Drive as a
narrow, two-lane street may not be able to accommodate the mixture
of commercial and industrial truck traffic. Because of the estab-
lished commercial character of this area, the existing Owens Brush
property probably would not be zoned for or designated in the
Comprehensive Plan for industrial land use if it were totally
undeveloped land. For these reasons, staff does not not consider
the site to be suitable for industrial zoning.
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D. Transportation and Availability of Support Services.
The availability of existing support services such as water,
sewers, and emergency services are adequate to sustain the
proposed commercial use of this site. An existing stormwater
detention basin northwest of the site will be enlarged to support
the increase in surface water runoff from the site.
Access to the site will be provided by Mall Drive which is a
narrow, two-lane local street having a pavement width of 25 feet
from back of curb to back of curb. It is a short drive between
one-quarter and one-half mile in length extending between First
Avenue and Lower Muscatine Road. Vehicles travelling along Mall
Drive must stop before entering onto either street. The intersec-
tion with Lower Muscatine Road is a 4 -way stop which is the
primary entrance into Sycamore Mall. In addition to serving Owens
Brush and other established commercial businesses, Mall Drive is
also used considerably as a short cut between First Avenue and
Lower Muscatine Road. No improvements are projected for Mall
Drive in the foreseeable future.
Based upon the intended development of the site, the current
design of Mall Drive, and commerically zoned vacant land opposite
the site, traffic is a major concern. According to the subdivision
proposal, each lot fronts directly onto Mall Drive with no plans
for limited access and internal circulation. As such, the
potential for multiple curb -cuts along Mall Drive exist which
could have an adverse impact on the safe and efficient movement of
traffic. Each curb -cut represents a point of conflict with
traffic movement along the street, which because of cross -traffic
turning movements could seriously impede the flow of traffic. If
the property on the opposite side of Mall Drive follows the same
"strip pattern" of development, numerous off -set drive entrances
are likely to be created. Because of these off -set driveway
entrances, vehicles turning cross -traffic could essentially shut
off all traffic movement along Mall Drive.
As a solution, staff suggests that a restricted number of curb -
cuts be permitted to provide access to the site which would
require internal access to individual businesses. Staff recom-
mends that only one additional curb -cut be permitted in addition
to utilizing the existing Owens Brush curb -cut to serve the
commercial development. (See attachment 2.) Limiting access to
one additional curb cut would require the applicant to construct
an internal private drive along the site's frontage with Mall
Drive off of which access to individual businesses and parking
areas would be provided. Advantages of this type of access
arrangement are as follows:
1. The net result would be greater convenience to the customer in
gaining access to the establishment they wish to patronize or
establishments if they wish to visit more than one.
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2. Limited access with internal circulation would also serve the
public health, safety and welfare by minimizing points of
conflict along Mall Drive by reducing the number of cross -
traffic turning movements.
3. From a marketing standpoint, providing internal circulation
also increases public awareness and recognition of the site as
a unified commercial development more than would a series of
independent strict commercial establishments.
STAFF RECOMMENDATION
Based upon the above analysis, staff finds the requested zone to conform
to the policies and recommendations of the Comprehensive Plan; to be
consistent with surrounding land uses and CC -2 zoning; and that because of
the commercial nature of this area, the existing I-1 zoning is inappropri-
ate and could conflict with surrounding commercial uses if developed for
that purpose. Traffic is a major concern because of the impact multiple
curb -cuts would have on the public health, safety and welfare.
Staff recommends that the rezoning of this property from I-1 to CC -2 be
approved upon the condition that the applicant agree to only one addi-
tional curb -cut to be located along Mall Drive to the satisfaction of the
Traffic Engineer and also utilizing the existing curb -cut serving Owens
Brush.
ATTACHMENTS
1. Location map.
2. Short-range Comprehensive Plan map.
3. Alternative Access Design proposed by staff.
4. Preliminary Plat.
5. Final Plat.
Approved by:
D mold Schmeiser, Director
epartment of Planning
and Program Development
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ATTACHMENT 2 : ALTERNATIVE ACCESS DESIGN
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City of Iowa City
MEMORANDUM
Date: October 11, 1985
To: Planning and Zoning Commission
From: Barry Beagle, Associate Planner
Re: S-8520. Owens Brush Inc.
On October 3, 1985, the Planning & Zoning Commission received revised
preliminary and final plats of Mall Drive Subdivision identifying only six
(6) lots fronting on Mall Drive. Access to the six lots would be limited
to three (3) common access easements as identified on the plats. These
revisions were made as a compromise to the single curb cut recommended by
staff. Mr. Jim Brachtel, Traffic Engineer, reviewed the revised plats and
felt that the three (3) curb -cuts proposed by the applicant were an
acceptable alternative. According to this proposal, curb cuts will be a
minimum of 200 feet apart. Staff concurs with the recommendation of the
Traffic Engineer.
Both staff and the Public Works Department have reviewed the revised plats
and found that the deficiencies and discrepancies listed in the October 3,
1985, Staff Report have been satisfied with the exception of the submis-
sion of the legal papers. Chuck Mullen, applicant's attorney, is awaiting
submission of an abstract verifying the true legal description of the
property, but, anticipates their submission prior to the October 17th
Commission meeting.
Staff recommends that the preliminary and final plats of Mall Drive
Subdivision be approved as revised upon submission of the required legal
papers.
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STAFF REPORT
To: Planning & Zoning Commission Prepared by: Barry T. Beagle
Item: S-8520. Owens Brush, Inc. Date: October 3, 1985
GENERAL INFORMATION
Applicant: Owens Brush Inc. Owner
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Existing improvements:
Surrounding land use and zoning:
45 -day limitation period:
SPECIFIC INFORMATION
Public utilities:
Public services:
Transportation:
Physical characteristics:
1 ,
P.O. Box 552
Iowa City, IA 52244
338-5411
Preliminary and final plat approval to
establish an 8 -lot subdivision.
For the specific purpose to establish a
7 -lot commercial subdivision.
Northwest corner of Lower Muscatine
Road and Mall Drive.
25.9 acres
Industrial; I-1.
Industrial building.
North - Chicago, Rock Island & Pacific
& West Railroad, Residential; RS -5,
RM -12, RS -8.
South - Commercial; CC -2.
East - Commercial; CC -2.
October 21, 1985
Adequate capacity for water and
sanitary sewer service is available to
this area.
Adequate police and fire protection to
be provided by Iowa City.
Access to this site will be provided by
Lower Muscatine Road and Mall Drive.
The site is nearly flat, draining to
the north/northwest. A dense stand of
mature trees runs along the north
property line adjacent to the railroad
tracks forming a vegetative buffer
between the site and adjacent residen-
tial properties to the north.
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STAFF ANALYSIS
The applicant is seeking preliminary and final plat approval to subdivide their
25.9 acre parcel to establish an 8 -lot commercial/industrial subdivision known
as Mall Drive Subdivision. Lot 1 is intended to contain the existing Owens
Brush facility including parking area and stormwater detention basin. Lots
2-8, consisting of 3.74 acres, are intended for commercial zoning and develop-
ment (Z-8504)The existing stormwater detention basin northwest of Lots 2
through 8 will be enlarged to accommodate increased stormwater runoff from the
proposed commercial development of these lots.
Both the preliminary and final plats are in substantial compliance with the
design standards of the Subdivision Regulations except for minor deficiencies
and discrepancies listed below. As noted in the staff report concerning Item
Z-8504, traffic impact is a major concern associated with the 7 lots intended
for commercial zoning and development. It was recommended in that report that
the applicant be restricted to a single curb -cut in addition to using the
existing access drive serving Owens Brush. The one additional curb -cut would
need to be illustrated on both plats; a private internal drive also needs to be
illustrated on both plats in the event each lot is sold and developed sepa-
rately.
STAFF RECOMMENDATION
Staff recommends that final action on both the preliminary and final plats of
Mall Drive Subdivision be deferred pending resolution of the deficiencies and
discrepancies and inclusion of the single access drive and internal private
drive to be identified on the plats.
DEFICIENCIES AND DISCREPANCIES
1. Preliminary Plat:
a. Identify the location and width of the sidewalk along the northwest
side of Mall Drive.
b. Indicate the proposed layout of water mains and sanitary sewer lines.
c. Label the existing utility and sanitary sewer easement adjacent to the
railroad tracks.
2. Final Plat:
a. Label stormwater management basin easement.
b. Identify the number of Lot 1.
c. Submission of the required legal papers.
d. Identify the location of the referenced monument.
e. Correct the bearings and legal description to be consistent with that
shown on the plat.
ATTACHMENTS
1. Preliminary plat
2. Final plat
Approved by: / V
ono SchmOlser, Olrector
Department of Planning and
Program Development
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING ORDINANCE TO
PERMIT THE ISSUANCE OF TEMPORARY CERTIFI-
CATES OF OCCUPANCY IN CERTAIN CIRCUM-
STANCES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. PURPOSE. To permit the
issuance of temporary Certificates of
Occupancy when the paving of parking areas
cannot be reasonably completed due to land
settling on a site after demolition or due
to adverse weather conditions.
SECTION II. AMENDMENT. That the Iowa
City Code of Ordinances is hereby amended
as follows:
A. Section 36-58(b) be amended to include
the following new subsection:
(7) Prior to the issuance of a
Certificate of Occupancy as
provided in Section 36-86, .all
parking and stacking spaces,
drives and aisles shall, as
provided in Section 36-58(c)(1)
be paved with concrete, asphalt
or a similar dust -free surface;
except that the Building Official
may issue a temporary Certificate
of Occupancy in those instances
where the Building Official finds
that the paving cannot reasonably
be completed due to adverse
weather conditions or settling of
land on the site after demolition
or filling. A temporary Certifi-
cate of Occupancy shall be
effective only to a date spe-
cific, and, as a condition to
issuance of such a temporary
certificate the property owner
shall place in an escrow account,
established with the City, an
amount which shall cover 110% of
the anticipated cost of paving.
B. Section 36-86 be amended to read in
its entirety as follows:
Sec. 36-86. Building and occupancy
certificates.
(a) No building or construction may
be undertaken in the city until a
building permit has been issued
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by the City Manager or his/her
designee for such building or
construction.
(b)
No change in the use or occupancy
of land, nor any change of use or
occupancy in an existing
building, other than for sin-
gle-family dwelling purposes,
shall be made, nor sAall any new
building be occupied until a
certificate of occupancy has ben
issued by the City Manager or
his/her designee. If a building
permit has not been issued prior
to the adoption of this Chapter,
every certificate of occupancy
shall state that the new occu-
pancy complies with all provi-
sions of this Chapter. No permit
for excavation for, or the
erection or alteration of, any
building shall be issued before
an application has been made for
a certificate of occupancy and
compliance, and no building or
premises shall be occupied until
such certificate and permit is
issued. 'A record of all certifi-
cates of occupancy shall be kept
on file in the office of the City
Manager or his/her designee.
(c)
A certificate of occupancy may be
obtained for nonconforming uses.
Application for certificate of
occupancy for nonconforming uses
shall be accompanied by affida-
vits of proof that such noncon-
forming use was not established
in violation of the zoning
ordinance after July 26, 1962,
and before the adoption of this
Chapter.
(d)
The Building Official may issue a
temporary Certificate of Occu-
pancy when a delay in the
planting of trees is warranted,
as provided in Section 36-72(d),
or a delay in paving of parking
and stacking spaces, drives or
aisles is warranted, as provided
in Section 36-58(b)(7).
SECTION
III. CERTIFICATION. The City
Clerk s
hereby authorized and directed to
certify
a copy of this ordinance to the
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County Recorder of Johnson County, Iowa,
upon final passage and publication as
provided by law.
SECTION IV. REPEALER: All ordinances and
pars of or finances in conflict with the
provisions of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY: If any section,
provision or part of this 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 a in effect after its final
passage, approval and publication as
required by law.
Passed and approved this
ATTEST:
CITY CLERK_
0700'
ORDINANCE 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 approved as
part of this PDN 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
and pars o or finances in conflict with
the provisions of this ordinance are
hereby repealed.
SECTION IV. 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.
SECTION V. EFFECTIVE DATE. This Ordi-
nance s a e n eTf6ct atter its final
passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
2 Approved
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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 Nerldian; Tbence N87.45'39"W, along the
Centerline of Melrose Avenue, 656.58 feet; Thence 51057'43"E, alone 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 feat to the 'Point of
Beginning; Thence 588.18138"E, 606.63 feet to the Southwesterly Right -of -May Line of
the Chicago, Rack Island, and Pacific Railroad; Thence S44.55'48'E. along said
Railroad Right -of -Way Line. 314.93 feet; Thence S50631'00'W, 221.97 feet to the
Northeast Corner of Lot 5, Lakewood Addition, an addition to the City of Iowa City,
Iowa; Thence N66.25'000W, 141.30 feet; Thence S51.381000W, along the Northerly Line
of said Lakewood Addition; 75.00 feet; Thence N66.16100"W, 71.00 feet; Thence
S53012100"W, 98.80 feet; Thence S53.331000W, 168.28 feet; Thence 549.10100"W, 98.60
feet; Thence 547.09100"W, 66.10 feet to the Southwest Corner of Lot 1 of said
Lakewood Addition; Thence N87.26'00"W, 32.01 feet; Thence N1.57'43"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.
sm
City of Iowa City
MEMORANDUM
Date: November 7, 1985
To: City Council
From Jim Hencin, CDBG Program Coordinator
Re: Recommendation to Extend the "403" (CDBG) Area Boundary to Include
the 900 Block of North Gilbert Street
The City received a request from a property owner in the 900 block of North
Gilbert Street to extend the boundary of the "403" Area to include this
block. The purpose of the request was to make the neighborhood eligible for
housing rehabilitation assistance.
The attached map identifies the location of the request area. You may be
familiar with this neighborhood and may recall that the four homes on the
block have been moved to this location. The steeply sloped street in the
area is in need of resurfacing, and curbs, gutters and a storm sewer system
are not present. In addition, information from the City's Engineering
Division reveals that the storm sewer culvert near the intersection of North
Gilbert Street and Kimball Road may need to be replaced in the future.
Of the four homes fronting the west side of this block, two are owner -
occupied and the remaining two are renter -occupied. A staff survey of the
residents indicated that the neighborhood is eligible to receive Community
Development Block Grant (CDBG) assistance on basis of income.
The request was forwarded to the Housing Commission and the Committee on
Community Needs (CCN) for their review and consideration. The Housing
Commission recomnended extending the "403" Area boundary to include the 900
block of North Gilbert Street. The CCN did not recommend extending the
boundary because of concerns about the possibility of additional requests for
CDBG funding for street and storm drainage improvements in this area while
there are unmet needs -in existing CDBG neighborhoods.
The City Council is requested to review this information and decide whether
or not to approve the request to extend the "403" Area boundary to include
the 900 block of North Gilbert Street. If Council approves the 1986 CDBG
proposal for housing rehabilitation and weatherization funding and the
request to extend the "403" Area boundary, residents of this neighborhood
would be eligible to apply for housing rehabilitation and weatherization
assistance next year.
If you have any questions or need further information, please do not hesitate
to call me at 356-5244.
Attachment
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NEIGHBORHOOD
IMPROVEMENT
AREAS
! CITY
J' IOWA CITY
"403 Area"Boundary
1 • Lower Ralston Creek
2'lowa Avenue
3* Miller Orchard
4' Creekside
5' Muscatine