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Home My WebLink About1983-01-04 OrdinanceORDINANCE NO. 83-3099 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 505 BURLINGTON STREET FROM C2 TO R3A. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property described below is ereby reclassified from its present classification j of C2 to R3A, and the boundaries of the R3A zone as indicated upon the. zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located at 505 Burlington Street and legally described as follows: Commencing at the southwest corner of Outlot 26 of the original town of Iowa City, Iowa; thence north 0°00' along the west line of the i said outlot 26 for a distance of 363.89 feet; thence north 89°50' east, 171.49 feet along f the north line of the said Outlot 26; thence south 0°00', 363.04 feet; thence south 89°33' I jjjj west, 171.50 feet along the south line of the said Outlot 26 to the point of beginning. SECTION II. The Building Inspector is hereby out or ze and directed to change the zoning map of I the City of Iowa City, Iowa, to conform to this I amendment upon the final passage, approval and I publication of this ordinance as provided by law. SECTION III. The City Clerk is hereby authorized andirRE to certify a copy of this ordinance to j the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. -Ii SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION VSEVERABILITY. If any section, or or part of the Ordinance shall be j adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect a ter its final passage, approval and publication as required by law. I ' i i MICROFIL14ED BY J .._ - JORM�''MICRd/LAB�- CEDAR RAPIDS • DES M014ES Ij %1 U 2 Passed and approved this 4th day of January, 1983. OR �� ATTEST:CI L It was moved by Balmer and seconded by McDonald that the Ordinance as read be adopte and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x EROAHL x LYNCH x 14COONALD NEUHAUSER- -� PERRET I( First consideration xxxxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxxxxx' Vote for passage: Date published 1/12/83 Moved by Balmer, seconded by McDonald, that the rule requiring ordinances to be considered and voted on i for passage at two Council meetings prior to the meet- ing at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. Absent: Erdahl. I �er,.ivpd d Approved By Who Le Sal fop q y� i i �I r l I9I CROFT LIdED BY JOR M` -MIC R#LA e._ ' I CEDAR RAPIDS • DES MDI:JES ED _T j 1 r .1101, RTY UNE 1 L C` I� c — — — — — — — — — — I r i i I NEIY 601RTMCNI luM1MAO 1 1 -- I a/- J EE�ROOAR U'M1te l i i rIANERTY. EME sem- 1 ` �.� � n� _ v �i _.,�� c—+r� ar.._.•_.�—.. I . _ — --- —_ .--_4. MAnR,tO SPADES r — — — , --- -- -- I i VAN EUATH STnMT ��r,•,.,• •,....� PRELIMINARY SITE PLAN Y Y 7 d R i N a I .1101, RTY UNE 1 L C` I� c — — — — — — — — — — I r i i I NEIY 601RTMCNI luM1MAO 1 1 -- I a/- J EE�ROOAR U'M1te l i i rIANERTY. EME sem- 1 ` �.� � n� _ v �i _.,�� c—+r� ar.._.•_.�—.. I . _ — --- —_ .--_4. MAnR,tO SPADES r — — — , --- -- -- I i VAN EUATH STnMT ��r,•,.,• •,....� PRELIMINARY SITE PLAN l MICROFILMED BY I - JCIRM-MIC R9- CEDAR RAPIDS - DES MO%1INES �' Y Y 7 d R l MICROFILMED BY I - JCIRM-MIC R9- CEDAR RAPIDS - DES MO%1INES �' I PROJECT SITE BURLINGTON STR I z t• N COURT STREET F a m U OCT 211982 ABBIE STOLFUS CITY CLERK - BOWERY •"s e� ,.. 1• HALL ENGINEERING COMPANY I .. I CONSULTING ENGINEERS REZONING APPLICATION IOWA CITY, K)WA 505 BURLINGTON STREET IOWA CITY, IOWA I J MICROFILRED BY ��- "-- 'JORPA-'MIC-R4LA13 j �l ` I rI CEDAR RAPIDS DES MOINES i i PROJECT SITE 17L HARRISON STRI 11:1 BOWERY H w W K I- 0 Z O N Z S O ti PROJECT LOCATION MAP no scale I OCT 21 1982 s ABBIE STOLFUS CITY CLERK - HALL ENGINEERING COMPANY CONSULTING ENGINEERS IOWA CITY, IOWA t, REZONING APPLICATION 505 BURLINGTON STREET IOWA CITY, IOWA C25 MICROFILMED BY JORM-'""MICR46CA19- CEDAR RAPIDS • DES MOINES EI PFu''Y v. IME ue- a EEunooF uyr. 1 V —J --. ------J ,�- t QikltFPk SPACE! {I j FrNO NFOMN IEonouv,-,� 1•,r ` -..-_ter. n__..nv...�_ __•-_-Ji't.l�''_-r-'1N^` '..1iPi CV,/..�', VAN.VKN PAW I, PRELIMINARY SITE PLAN MICROFILMED BY JORm—MIDR#LISW— - CEDAR RAPIDS • DES RDIAES J� r , EI PFu''Y v. IME ue- a EEunooF uyr. 1 V —J --. ------J ,�- t QikltFPk SPACE! {I j FrNO NFOMN IEonouv,-,� 1•,r ` -..-_ter. n__..nv...�_ __•-_-Ji't.l�''_-r-'1N^` '..1iPi CV,/..�', VAN.VKN PAW I, PRELIMINARY SITE PLAN MICROFILMED BY JORm—MIDR#LISW— - CEDAR RAPIDS • DES RDIAES J� STAFF REPORT To: Planning & Zoning Commission Item: Z-8219. 505 Burlington St. GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: Prepared by: Bruce Knight Date: November 4, 1982 Apel, Mil ler & Moreland 1941 Delwood Drive Iowa City, Iowa 52240 Rezoning from C2 to R3A To permit construction of multi- family housing. The southeast quadrant of the intersection of Burlington Street and Van Buren Street. Approximately 1.5 acres. General commercial or 25+ dwelling units per acre. Commercial and C2. North - commercial and C2. East - residential and R3A. South - commercial and C2. West - commercial and C2, multi -family residential and CBS. 45 -day limitation period: 12/4/82 ANALYSIS The applicant is requesting a rezoning from C2 to R3A to permit construction of multifamily housing on this site, The Comprehensive Plan's land use designation for the overall area is "mixed use" with both commercial and residential uses being shown. The tract in question appears to be shown as general commercial with all land surrounding it shown in residential categories. Specifically, the land to the west is shown as 25+ dwelling units per acre, the land to the south as 16-24 dwelling units per acre and the land to the east as 8-16 dwelling units per acre. Because the land use designations shown on the Comprehensive Plan Map have never been interpreted to be site specific, and because the requested rezoning conforms with a mixed use concept, it is staff's finding that an amendment to the plan would not be required. The draft Comprehensive Plan Update also proposes a 11mixed use, commercial/residential" land use category for this site. Therefore, R3A zoning is compatible with the recommended land use designations of both i MICROFILMED BY �-7 JORM--MIC R�LA6" � I CEDAR RAPIDS • DES MOINES as' 0 .. i 0 2 the existing comprehensive plan, and the proposed update since some commercial uses (e.g. office) would be permitted. Given the nature of the adjoining land uses (i.e. commercial and multi- family residential) it does not appear that the proposed rezoning would in any way negatively impact the surrounding properties. However, it should be noted that rezoning this property to R3A will make the existing building non -conforming because the 20 foot front yard required in that zone cannot be provided. The building is currently conforming because no front yard is required for commercial uses in the C2 zone. A 20 foot front yard is also required if the property is converted to a residential use under C2 zoning. This problem can only be ameliorated by the Board of Adjustment's granting a variance to this zoning requirement, or by demolition of the building. However, given the Comprehensive Plan's land use designation for this site, the nature of the surrounding land uses, and taking into consideration the lack of success which commercial uses have had at this site, it does appear that multifamily residential is an appropriate use of the request area. STAFF RECOMMENDATION Staff recommends that the rezoning from C2 to R3A be approved. ATTACHMENTS 1. Location map. 2. Site plan. Approved by: yonald 5c meiser, Direc Departmen of Planning and Program Development Q6 N T; 1 MICROFILMED BY / ICEDAR RAPIDS DES Mj4E� ;III . , ORDINANCE NO. 83-3100 / AN ORDINANCE IMPOSING A HOTEL AND MOTEL TAX IN AND FOR THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. HOTEL AND MOTEL TAX. There is hereby imposed a hotel and motel tax at a rate of five percent (5%) upon the gross receipts from the renting of any and all rooms, apartments, or sleeping quarters, in any hotel, motel, inn, public lodging house , rooming house or tourist court, or in any place w here sleeping accommodations are furnished to transient guests for rent within the corporate limits of the City of Iowa City, Iowa, all as defined, allowed, and provided for in Chapter 422A of the Code of Iowa,, and subject to the limitations, restrictions, conditions, provisions and penalties contained therein. SECTION II. IMPLEMENTATION. The City officers are hereby directed to take such procedural steps as are necessary to accomplish the imposition of the hotel and motel tax on April 1, 1993. SECTION III. REPLEALER. 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 in- valid 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 4th day of January 1983, 144 C. 4L MARY C. 0HUHAUSER, MAYOR ATTEST: 7%ji. z 12) RNRIAN K. KARR, ACTING CIY'Y CLERK t ijI Itt S MICROFILMED BY _ _1 1--J0RM---M1CFV16AL-a--. - CEDAR RAPIDS • DES MOIRES f - -- - _J 3) �J L It was moved by Balmer and seconded by Perret that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhasuer x Perret First consideration 12/7/62 Vote for passage:Ayes: Dickson, Erdahl, McDonald, Neuhauser, Balmer. Nays: None. Absent: Lynch, Perret. Second consideration 12/21/82 Vote for passage: Ayes: McDonald, Perret, Balmer, Dickson, Erdahl, Lynch. Nays: none. Absent: Neuhauser. Date of publication 1/12/83 Retalved 3 Approved By The Legal Department 3 MICROFILMED BY -� I 1 ` JORM-'MICR�cL4B- ' 111 CEDAR RAPIDS • DES MOINES 3/ j j Ij i f ORDINANCE N0. AN ORDINANCE IMPOSING A HOTEL AND MOTEL TAX IP AND FOR THE CITY OF IOWA CITY, JOHNSON COUNTY, I A. BLIT ORRDAAINED BY THE COUNCIL OF THE CITY 9 IOWA SECTION I. HOTEL AND MOTEL TAX. There is hereby rmpos a hotel and motel tax at a rat of five percen (S%) upon the gross receipts rom the renting q any and all rooms, apartm nts, or sleeping quarters, 'n any hotel, motel, inn, public lodging house , roo 'ng house or tourist c urt, or in any place where s eping accommodatio s are furnished to transient guest for rent withi the corporate limits of the City of I a City, Iowa all as defined, allowed, and provided for i Chapter 1 A of the Code of Iowa, and subject to the 'mitatio s, restrictions, conditions, provisions and penalt s co tained therein. SECTION II. IMPLEMENTAT N. The City officers are here y directe to take h procedural steps as are necessary to accomplis the imposition of the hotel and motel tax by July 1, 198 . SECTION III. REP LER. All dinances and parts of ordinances in n lict with a provision of this ordinance are he by repealed. SECTION IV. S RABILITY. If any ection, provision or part of th ordinance shall be a Judged to be in- valid or unc nstitutional, such adju 'cation shall not affect the alidity of the ordinance a whole or any section, p ovision or part thereof not adjudged invalid or uncons itutional. aOW1VlYv. errtcuvE DATE. This ordina a shall be in effect after its final passage, approval nd publication as re aired by law. Pas ed and approved this day of to O , MARY C. NEUHAUSER, MAYOR ATTEST: ABBIE STOLFUS, CITY CLERK �I— 141CROFILRED BY I DORM -"MIC R47:7►B_ CEDAR RAPIDS • DES MOINES ' 9/ It was moved by and seconded by that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First consideration Vote for passage: Second consideration Vote for passage: Balmer Dickson Erdahl Lynch McDonald Neuhasuer Parrett Reedved i Approved By The Legal Depamwnt 1 MICROFILMED BY + -� JDRM--MICF:1S -- rr CEDAR RAPIDS DES MOINES 3/ � - 1 `I F i - AYES: NAYS: ABSENT: First consideration Vote for passage: Second consideration Vote for passage: Balmer Dickson Erdahl Lynch McDonald Neuhasuer Parrett Reedved i Approved By The Legal Depamwnt 1 MICROFILMED BY + -� JDRM--MICF:1S -- rr CEDAR RAPIDS DES MOINES 3/ � - 1 I