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HomeMy WebLinkAbout1984-07-31 OrdinanceORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE TO BRING THE IOWA CITY MUNICIPAL CODE INTO COMPLIANCE WITH RECENT STATE LEGISLATION REGARDING MANUFACTURED HOUSING. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Zoning Ordinance of the ,ty o owa City is hereby amended by the following: A. Sec. 36-4(d)(15) shall be repealed and the following paragraph substituted in lieu thereof: Dwelling, single-family. A building containing one dwelling unit. This definition includes the term "manufac- tured home." B. Sec. 36-4(m)(1) shall be repealed and the following paragraph substituted in lieu thereof: Manufactured home. A factory -built single-family dwelling, which is manufactured or constructed under the authority of 42 U.S.C. Sec. 5403, Federal Manufactured Home Construction and Safety Standards, which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home constructed to the Federal Manufactured Home Construction and Safety Standards is not a manufac- tured home unless it has been con- verted to real property and is taxed prdwellinas is ovided iin I wa bui1Code (1983) 1350.26. For the purpose of any of these regu- lations, manufactured homes shall be considered the same as a single-family detached dwelling. C. Sec. 36-4(m)(2) shall be repealed. Section 36-4(f) shall be amended by adding the following paragraph: (1.1) Factory -built housing park. A tract of land which has been planned and improved for theplacement homes and manufactured homes, mobile modular homes on leased spaces. Or'*nance No. Pa, 2 D. Sec. 36-4(m)(4) shall be repealed and the following paragraph substituted in lieu thereof: Mobile home. Any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used for year-round occupancy as a single family dwelling and containing water supply, waste disposal, heating and electrical conveniences. A mobile home is factory built housing built on a chassis. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. However, certain mobile homes may be classified as "manufactured homes." E. The following paragraphs shall be added to the dimensional requirements of the sections noted: 1. Sec. 36-5(e)(6) Minimum building width: 20 ft. for at least 75% of the building's length. 2. Sec. 36-6(e)(6) Minimum building width: 20 ft. for at least 75% of the building's length. 3. Sec. 36-7(e)(6) Minimum building width: 20 ft. for at least 75% of the building's length. 4. Sec. 36-0(e)(6) Minimum building width: 20 ft. for at least 75% of the building's length. This provision shall not apply to zero lot line dwellings. 5. Sec. 36-10(e)(7) Minimum building width: 20 ft. for at least 75% of the building's length. This provision shall not apply to zero lot line dwellings. 6. Sec. 36-11(e)(7) Minimum building width: 20 ft. for at least 75% of the building's length. This provision shall not apply to zero lot line dwellings. Ordinance No. Pt '3 7. Sec. 36-13(e)(7) Minimum building width: 20 ft. for at least 75% of the building's length. F. Sec. 36-9. Manufactured Housing Residential (RMH) zone shall be retitled the Factory -Built Housing Residential (RFBH) zone. O. Sec. 36-9(a) shall be repealed and the following paragraph substituted in lieu thereof: Intent. The Factory -Built Housing Res amential (RFBH) zone is designed to provide for the placement of manufac- tured homes, mobile homes and modular homes within factory -built housing parks. or upon individually subdivided lots with a lot size smaller than that allowed in other zones permitting single-family dwellings. The RFBH zone also provides a location for the placement of those mobile homes which are not classified as manufactured homes and may not comply with the building, electrical, plumbing, or housing codes, and for those factory -built homes which do not have a minimum building width of 20 feet. H. Sec. 36-9(b) shall be repealed and the following paragraph substituted in lieu thereof: Permitted uses. Manufactured homes. (2) Mobile homes. (3) Modular homes. I. Sec. 36-9(c)(2) shall be repealed and the following paragraph substituted in lieu thereof: Manufactured homes, Mobile homes and Modular homes with a maximum of one (1) roomer provided that one (1) additional off-street parking space shall be furnished. SECTION II. REPEALER. All ordinances and Farts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or PdrL 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. Ordinance No. P•^ 4 SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as ranuirari by law ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 624 SOUTH GILBERT STREET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property described he low is hereby reclassified from its present classification of CI -1 to CC -2, and the boundaries of the CC -2 zone as indicated upon the zoning maps of the City of Iowa City, Iowa, shall be modified to include the property located at 624 South Gilbert Street: Lots 5 and 6 in Block 2 in Lyon's Addition to the City of Iowa City, Iowa, according to the recorded plat thereof, except that part occupied by the right-of-way of the Chicago, Rock Island and Pacific Railway Company as now located. Also, all that portion of the alley south of Lots 5 and 6, Block 2, Lyon's First Addition, Iowa City, Iowa. SECTION II. The Building Official 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 authorized 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, provision or part o the 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. 14 .So SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR STAFF REPORT To: Planning & Zoning Commission Item: Z-8410. 624 S. Gilbert Street GENERAL INFORMATION Applicant: Requested Action: Prepared by: Karin Franklin Date: June 7, 1984 Inn Ho Shinn 2159 Bancroft Iowa City, Iowa 52240 Rezone property from CI -1 to CC -2. Purpose: To permit the establishment of a retail grocery store. Location: 624 South Gilbert Street. Size: Approximately 20,000 square feet. Comprehensive Plan: General commercial. Existigg land use and zoning: Vacant; CI -1. Surrounding land use and zoning: North - residential; RM -44. East - furniture manufacturing; RM -44. South - railroad right-of-way; CI -1. West - residential; RM -44. 45 -day limitation period: July 2, 1984. ANALYSIS In 1983, a request was submitted to the Planning and Zoning Commission to rezone the property at 624 South Gilbert Street from C-2 to R3A. The request was denied by the Council based on a concern for the health and safety of future residents due to an oil spill which had occurred on the site. The Planning and Zoning Commission recommended approval of the rezoning. Since the time of the initial rezoning request, the oil storage tanks on the site have been removed and measures have been taken to extract some of the spilled oil from the ground. The concern with the previous request was that In the residential units proposed, gas could be trapped in the basement and fumes could create a fire hazard or health problem for the residents. The current applicant's attorney indicates in a letter (attached) that state and federal authorities advise monitoring the site during construction but do not object to development of the site. The regional office of the Department of Water, Air and Waste Management was contacted by the Planning staff to obtain pffo an update on the status of the property. The Department confirmed the attorney's statement and advised that consruction on a slab rather than digging a foundation would be advisable for this site. The application currently before the Commission requests a rezoning from CI -1 to CC -2 for the purpose of constructing a grocery store. The building plans submitted to the staff indicate that multi -family units are planned above the store. Dwelling units in a CI -1 or CC -2 zone require a special exception be granted by the Board of Adjustment. Any rezoning action taken by the Commission and Council will permit all of the permitted uses of the CC -2 zone by right and the provisional uses by right if the special requirements can be met. The Commission's actions will not allow by right, a special exception. The question before the Commission is—whether community commercial zoning (CC -2) is more appropriate for this site than intensive commercial zoning (CI -1). The Comprehensive Plan shows general commercial on the site and intensive commercial from the tracks south. With adoption of the new Zoning Ordinance and map, the property at 624 South Gilbert Street was rezoned from the old designation of C-2 to CI -1. A retail grocery store was a permitted use in the C-2 zone of the old ordinance. In the CI -1 zone a retail establishment, including a grocery store, must occupy no more than 50% of the floor area of a building which is primarily used for one of the permitted uses of the zone. The permitted uses in this zone are generally land consumptive and often have areas of outdoor display. CI -1 uses are not necessarily compatible with residential uses. The CC -2 designation is geared more toward retail uses and is intended to encourage major business districts. The other permitted uses in a CC -2 zone, in addition to retail establishments, are business and personal service establishments, clubs, meeting halls, offices, and theaters. Some of these uses may also be incompatible with nearby residential uses. However, because the uses in a CC -2 zone are predominantly within a structure, rather than being characterized by outdoor display, the impact of CC -2 uses on adjacent residential uses is usually less than that of intensive commercial uses. The CC -2 zone is the only reasonable commercial zoning possible for a grocery store use on this property. The CN -1 zone, which is conceptually more appropriate than CC -2 zoning in that the retail uses in a neighborhood commercial zone are focused on a neighborhood, cannot be used on this site. CN -1 zoning requires a minimum site of three acres; 624 South Gilbert Street is approximately one-half acre in size. The CB -10 and CB -2 (central busi- ness) zones are also inappropriate since this site is not within the central business district. CC -2 is the only zone remaining which permits the use proposed. A key issue is whether the proposed store or any of the other CC -2 uses are appropriate on this property. As noted above, the Comprehensive Plan shows general commercial and not intensive commercial on this site. Given the location on Gilbert Street, the proximity of other commercial uses, proximity to the railroad tracks, and past environmental problems on this site, a commercial use rather than a residential use seems advisable. However, since there does exist residential development adjacent to the site, a commercial designation, which is less intense than intensive commercial and can be effectively buffered from residential uses, is appropriate. /4.SD The proposed rezoning will potentially decrease the intensity of use of the property in terms of the permitted use of the two types of zones. Practi- cally, the CC -2 designation would decrease the intensity of use from the bulk oil storage which had been on the site and move toward uses more compatible with surrounding properties. The change in zoning should further enhance, therefore, the value and enjoyment of surrounding properties rather than diminish it. STAFF RECOMMENDATION The staff recommends that the request for rezoning 624 South Gilbert Street from CI -1 to CC -2 be approved. IITTII /11\Ir 11Tf 1. Letter - Poula - May 16, 1984. 2. Location map. i Approved by: �lon Schme ser, Director Department f Planning and Program Development /1150 DAVID P. PDULA ATTORNEY AT l W 621 S. DUBUQUE STREET IOWA CITY. IOWA 52240 PHONE (312) 354.1540 May 16, 1984 City Clerk City of Iowa City Civic Center 410 E. Washington Iowa City, IA 52240 Planning/Program Development Department City of Iowa City Civic Center 410 E. Washington Iowa City, IA 52240 RE: Moore Oil Company Property - 624 S. Gilbert, Iowa City, Iowa - Rezoning Application Dear Folks: Attached to this letter is the rezoning application form filed on behalf of Inn Ho Shinn who is the owner of a contingent purchase agreement to the premises, subject to rezoning for the purpose of a retail grocery store. The proposed site plans and the building lay out plans have been prepared and will be presented at the public hearings. Attached is my trust check in the amount of $200 for the filing fee (clerk's copy). The legal description of the premises is: Lots 5 and 6 in Block 2 in Lyon's Addition to the City of Iowa City, Iowa, according to the recorded plat thereof, except that part occupied by the right of way of the Chicago, Rock Island and Pacific Railway Company as now located, Also, all that portion of the alley south of Lots 5 and 6, Block 2, Lyon's First Addition, Iowa City, Iowa. The legal titleholders are Russell G. Krall and Dolores J. Krall, Route 1, Solon, IA. (Telephone No. 644-2505). They sold the property on contract to equitable titleholder Ronald E. Moore June 18, 1979, recorded June 22, 1979 in Book 550, page 6, Records of the Johnson County Recorder, which contract was amended May 24, 1982, recorded May 25, 1982 in Book 619, page 449. Mr. Moore's address is 915 6th Street N.W., Cedar Rapids, IA 52405, telephone number 336-1551. His attorney is Stephen B. Jackson, 400 Corporate Center East, 2750 1st Avenue N.E., Cedar Rapids, IA 52402, telephone number 363-2683. �`�Se City Clerk Planning/Program Development Department RE: Moore Oil Company Property 624 S. Gilbert, Iowa City, IA May 16, 1984 Page Two It is my understanding that prior to your comprehensive zoning change in December 1983, this property was zoned to allow retail uses such as that proposed as was the large area immediately South of the tracks. We therefore consider this to be a technical rezoning and not an actual use change which would be inconsistent with the existing neighborhood uses or existing adjacent zoning. The proposed use as a grocery store would not increase traffic in the neighborhood but would reduce traffic as groceries would be purchased by neighborhood residents with reduced travel requirements. It is my information that many thousands of dollars has been expended cleaning up an oil spill on the premises. By this letter applicant certifies full cooperation with appropriate State and Federal agencies for monitoring and testing during construction to insure no public health hazards will be risked for the project and its future occupants and owners. It is my information the State and Federal authorities do not object to construction or development but wish to be advised during construction for the purpose of monitoring a site which concerns them. Further information requests should be mailed to K. R. O'Donnell or under- signed, Yours very truly, David P. Poula DPP/bl Enclosures cc; Mr. Inn Ho Shinn Mr, Ronald Moore Mr. Stephen B, Jackson Mr. Russell Krall Mr. K. R. O'Donnell i 707 R,I 1 0 n 'I'llor gram, 1p Tq-::�.v ����� A ORDINANCm NO. 84-3195 ORDINANCE AMENDING SECTION 23-72(b) OF THE CITY CODE REGARDING IMPOUNDMENT OF BICYCLES. SECTION I. PURPOSE. The purpose of this amendment is to provide for notice of impoundment by first class mail, rather than certified mail, and to provide for additional methods of reclaiming impounded bicycles. SECTION II. AMENDMENT. Section 23-72(b) of the—ro-de—o-f-F-M—ances of the City of Iowa City, Iowa, is hereby repealed and sustituted in its place is the new Section 23-72(b): Sec. 23-72 Impoundment. (b) Upon impoundment of such bicycle, the City shall notify the last known owner of such impoundment by first class mail. At the time of impoundment, the City may cause to be filed an information and citation pursuant to state law upon the owner or operator of such bicycle at the time of impoundment. The owner or operator may reclaim such bicycle upon presentation of proof of ownership, or by a notarized declaration of ownership, and by accepting of such information and signing a promise to appear and payment of any accrued fees and charges. Such fees and charges shall be set by resolution. 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 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 effect after its final passage, approval and publication as required by law. Passed an fi approved this 31st day of July, 1.984./ , - n ATTESTv fAt*od w Appr� CITY CLERK ay "o. Loud Dep ohnimA It was moved by Zuber and seconded by Strait that the r finance as reada adopted and upon roTT---cTT -f were: AYES: NAYS: ABSENT: g AMBRISCO X BAKER X DICKSON x EROAHL X MCDONALD X STRAIT —Cf ZUBER First consideration XXXX Vote for passage: Second consideration )DW Vote for passage Moved by Zuber, seconded by Strait, that the rule requiring ordinances to be considered and voted on 5r nassage at two Council meetings prior to the meeting at which it is to be finally passed he suspended, the first and second consideration and vote be waived and the ordinance he voted upon for final'passage at'thia time. Ayes: Raker, Ambrisco, Dickson, McWnald, Strait, Zuber. Nays: None. Absent: Erdahl. Date Published: August 8, 1984 I / v