HomeMy WebLinkAbout2003-05-19 Ordinance Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ03-00006)
ORDINANCE NO.
AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM CB-2, CENTRAL BUSINESS
SERVICES ZONE, TO CB-5, CENTRAL BUSINESS SUPPORT ZONE FOR BLOCK 67 OF THE
ORIGINAL TOWN PLAT, EXCEPTING THE 6,000 SQUARE FOOT PROPERTY AT 130 NORTH
DUBUQUE STREET.
WHEREAS, due to a rezoning request of a property in Block 67 from CB-2, Central Business Service
Zone, to CB-5, Central Business Support Zone, the City has initiated rezoning the remainder of Block 67 from
CB-2 to CB-5, in order to preserve consistent and predictable zoning for all the properties on the block; and
WHEREAS, the Iowa City Comprehensive Plan identifies the Near Northside commercial district,
including Block 67, as appropriate for mixed use, residential/commercial development.
WHEREAS, the proposed CB-5 zone allows more oppodunity for mixed-use development due to less
stringent parking requirements and a higher allowable floor-to-area ratio; and
WHEREAS, the Northside commercial area has historically developed as a mixed-use, pedestrian-
oriented commercial area; and
WHEREAS, Block 67 contains a mixture of uses including commercial, of'rico, and religious institution, all
of which will continue to be permitted in the CB-5 zone.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
~. The property legally described below is hereby redes[gnated from CB-2 to
CB-5:
Block 67 of the Original Town Plat of the City of Iowa City, Iowa, excepting the north 75 feet of Lot 4 of
Block 67.
SECTION II. ZONING MAP. 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 publication of this Ordinance as provided by law.
SECTION III CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of
Johnson County, Iowa, upon final passage and publication as provided by law.
~. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTIC)N V .~EVERARILITY 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of ,20__
MAYOR
ATTEST:
DEPUTY CITY CLERK
Approved by
Cit~ ~,t~r~e~,'s dffice
Ordinance No.
Page _
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 5/'6/03
Vote for passage: AYES: Kanner, L~hman, 0'Donnell, Vanderhoef,Ni]burn, Champion.
NAYS: None. ABSENT: Pfab.
Second Consideration 5/19/03
Vote for passage: AYES: Wilburn, Champion, Kanner, Lehman, O'Donnell, Pfab,
Vanderhoef. NAYS: None. ABSENT: None.
Date published
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ02-00021)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM CB-2,
CENTRAL BUSINESS SERVICE ZONE, TO CB-5, CENTRAL BUSINESS SUPPORT ZONE, FOR A 6,000
SQUARE FOOT PROPERTY AT 130 N. DUBUQUE STREET.
WHEREAS, the applicant, Kevin Hanick, has applied for a rezoning from Central Business Service Zone,
CB-2, to Central Business Support Zone, CB-5, for a 6,000 square foot property located at 130 N. Dubuque
Street; and
WHEREAS, the Iowa City Comprehensive Plan identifies the Near Northside commercial district,
including the subject property, as appropriate for mixed use residential/commercial development; and
WHEREAS, the proposed CB-5 zone allows more opportunity for mixed-use development due to less
stringent parking requirements and a higher allowable floor-to-area ratio; and
WHEREAS, the Near Northside commercial area has historically developed as a mixed-use pedestrian-
oriented commercial area; and
WHEREAS, to address concerns with the appearance of the structure being consistent with the historic
character of the area, and historic landmarks on the block, property owner has agreed to a Conditional
Zoning Agreement that defines appearance criteria for any new structure on the property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
~. Subject to the terms and conditions of the Conditional Zoning Agreement,
attached hereto and incorporated by reference herein, the property legally described below is hereby
redesignated from CB-2 to CB-5:
The north 75 feet of Lot 4, in Block 67, of the original Town Plat of the City of Iowa City, Iowa.
SECTION II 7ONING MAP 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 publication of this Ordinance as provided by law.
SECTION III C;ONDITIONAI ZONING AGREEMENT. Following final passage and approval of this
ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest to and record at
the owner's expense, the Conditional Zoning Agreement between the property owner and the City.
SECTION IV CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify and record a copy of this Ordinance at the owner's expense at the Office of the County Recorder of
Johnson County, Iowa, upon final passage and publication as provided by law.
~. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are/hereby repealed.
SECTION VI ~EVERABILITY. 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 VII. EFFECTIVE DATE This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this __ day of ,20___
MAYOR
ATTEST:
DEPUTY CITY CLERK
Approved by
City ]~'torney's Office
Ordinance No.
Page.
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 5/6/03
Vote for passage: AYES: Lehman, 0'Donne]I, Vanderhoef, Ni]burn, Champion; Kanner.
NAYS: None. ABSENT: I~fab.
Second Consideration 5/19/03
Voteforpassage:AYES: Champion, Kanner, Lehman, 0'Donne]l, Pfab, Wnderhoef,
Wilburn. NAYS: None. ABSENT: None.
Date published
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ02-00021)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal
corporation (hereinafter "City") and Patricia Lenoch (hereinafter "Owner").
WHEREAS, Kevin Hanick, on behalf of the Owner, has requested that the City rezone
approximately 6,000 square feet of property located at 130 N. Dubuque Street, from Central
Business Service Zone, CB-2, to Central Business Support Zone, CB-5; and ',
WHEREAS, the property is located in a commercial area with numerous historic
landmark buildings; and
WHEREAS, the property is located on an entranceway into downtown Iowa City; and
WHEREAS, Iowa Code 414.5 (2001) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change in zoning; and
WHEREAS, Owner agrees that certain conditions and restrictions are reasonable to
address issues of compatibility with the historic character of the Near Northside commercial
district and nearby historic landmark properties, and to ensure appropriate development on
Dubuque Street, and entranceway to downtown Iowa City.
NOW, THEREFORE, in consideration of mutual promises contained herein, the parties
agree as follows:
1. Patricia Lenoch is the owner and legal titleholder of a 6,000 square foot property at 130
N. Dubuque Street, more particularly described as follows:
The north 75 feet of Lot 4, in Block 67, of the odginal Town Plat of the City of Iowa City,
Iowa.
2. Owner acknowledges that the City wishes to ensure that any structure on this property is
compatible with the historic character of the area and appropriate for an entranceway
into downtown Iowa City.
3. In consideration of the City's rezoning the property from CB-2 to CB-5, Owner agrees
that the development of the subject property will conform to all the requirements of the
CB-5 zone, as applicable, and the design of any new structure on the property shall be
reviewed and approved by the City Design Review Committee, prior to a building permit
being issued, according to the following criteria:
a. The exterior walls facing the street shall be predominantly masonry; stone, or
simulated stone may be used in combination with the brick.
b. The entrance to the building shall be recessed and delineated by a canopy or
awning, raised cornice, or similar architectural feature.
c. Fenestration shall be predominantly vertical in proportion.
d. The eave or parapet shall have a cornice.
e. Signs shall be architecturally appropriate to the design of the building and context
of the neighborhood. Appropriate types of signs include wall signs between the
top of the first floor windows and the second floor, painted window signs,
projecting signs, canopy or canopy roof signs.
1
f. Illuminated awnings shall not be utilized.
g. The visual impression of the underground parking entrance shall be minimized.
4. Owner agrees to submit building elevation plans to the City Design Review Committee
prior to requesting a building permit. The Owner shall obtain approval of the building
elevation plans from the City Design Review Committee prior to a building permit being
issued. Decisions of the City Design Review Committee may be appealed to the Iowa
City Board of Adjustment.
5. Owner acknowledges that the conditions contained herein are reasonable conditions to
impose on the land and under Iowa Code 414.5 (2001), and that said conditions satisfy
public needs that are caused by the requested zoning change.
6. Owner acknowledges that in the event any portion of the subject property is transferred,
sold, redeveloped, or subdivided, all development and redevelopment will conform with
the terms of this Conditional Zoning Agreement.
7. The parties acknowledge that this Conditional Zoning Agreement will be deemed to be a
covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant running with the title to the land unless or until released of
record by the City. The parties further acknowledge that this agreement will inure to the
benefit of and bind all successors, representatives, and assigns of the parties.
8. Owner acknowledges that nothing in the Conditional Zoning Agreement will be
construed to relieve the Owner from complying with all applicable Focal, state, and
federal regulations.
9. The parties agree that this Conditional Zoning Agreement will be incorporated by
reference into the ordinance rezoning the subject p~'operty and that upon adoption and
publication of the ordinance, this agreement will be recorded in the Johnson County
Recorder's Office.
Dated this d- day of "7"/~ ,2003.
OWNER CITY OF IOWA CITY
Patricia Lenoch Ernest W. Lehman, Mayor
Attested by:
Marian K. Karr, City Clerk
Approved by:
Cit~)~ttorney's Office
2
Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Slmet, Iowa City, IA 52240; 319-356-5243 (REZ0~00009)
ORDINANCE NO.
AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM HIGH DENSITY SINGLE FAMILY /
SENSITIVE AREA OVERLAY (RS-12/OSA) TO PLANNED DEVELOPMENT HOUSING OVERLAY
{OPDH-12/OSA) FOR 2,12 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
MEADOW RIDGE LANE AND NORTH DUBUQUE STREET.
WHEREAS, the applicant, CJ's Construction Inc., has requested that the property be rezoned from High Density
Single Family Residential/Sensitive Area Oveday, RS-12/OSA, to Planned Development Housing Oveday, RS-
12/OSA/OPDH; and
WHEREAS, the applicant is requesting approval of a Preliminary OPDH Plan and an amended Sensitive Areas
Development Plan to allow the development of 13 townhouse-style dwelling units; and
WHEREAS, the Planning and Zoning Commission has determined that the proposed rezoning is in conformance
with the North District Plan, and that the proposed Preliminary OPDH Plan and amended Sensitive Areas
Development Plan are in technical compliance with all applicable provisions of the City Code; and
WHEREAS, the Preliminary OPDH Plan includes a variation to allow four townhouse-style buildings on a single
lot in an RS zone and was approved by the Planning and Zoning Commission; and
WHEREAS, the amended Sensitive Areas Development Plan includes a variation to reduce the front back from
40 feet along North Dubuque Street to 30 feet to allow the preservation of open space to be maximized and was
approved by the Planning and Zoning Commission; and
WHEREAS, the OPDH plan is in compliance with the Iowa City Zoning Ordinance; and
WHEREAS, the proposed development is in compliance with the North District Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from its current designation of
High Density Single Family Residential/Sensitive Areas Oveday, RS-12/OSA, to and Planned Development Housing
Oveday, RS-12/OSA/OPDH, and the associated Preliminary OPDH Plan and amended Sensitive Areas Development
Plan, is hereby approved:
LOTS 17,18, 19 AND 20 OF MEADOW RIDGE, PART TWO, IN ACCORDANCE WITH THE PLAT THEREOF
RECORDED IN BOOK 37, AT PAGE 97, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE.
SAID PARCEL CONTAINS 2.21 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTION OF RECORD.
SECTION II. VARIATIONS. Section 14-6J-2-D-7 of the City Code provides that combinations of land uses are
permitted and variations in building setback and lot area requirements may be approved for planned developments,
and Section14-6J-2-B of the City Code provides for flexibility in architectural design, placement and clustering of
buildings, use of open space, traffic cimulation and parking, and related site and design considerations. The following
waivers are approved as part of the Preliminary OPDH Plan:
a. Waiver of Section 14-6Q-2-A to reduce the front yard for lots abutting a primary arterial street from 40 feet to 30
feet.
b. Waiver of Section 14-6A-4-F-1 to permit multiple primary structures on a single lot in an RS zone.
SECTION III. ZONING MAP. 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 publication of this
ordinance as provided by law.
SECTION IV. CERTIFICATION AND RECORDINR. The City Clerk is hereby authorized and directed to certify a
copy of this ordinance and the amended Sensitive Areas Development Plan and Preliminary OPDH Plan for this
property, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense,
upon the final passage, approval and publication of this ordinance, as provided by law.
Ordinance No.
Page 2
SECTION V. REPEALER. All ordinances and pads of ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
SECTION VI. 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 VI. EFFECTIVE DATF. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this dayof ,20
MAYOR
ATTEST:
DEPUTY CITY CLERK
Approved by
address
Ordinance No.
Page.
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 5/6/03
Vote for passage: AYES: 0'Donne]'l, Vander-hoef, W'i'lbut-n, Champion , Kannet-, Lehman,
NAYS: None. ABSENT: Pfab.
Second Consideration 5/19/03
Voteforpassage: AYES: ~Hlburn, Champion, Kannet-, Lehman, 0'Donne]I, Vanden'hoer.
NAYS: I~fab. ABSENT: None.
Date published
F. James Bradley ~ Timothy J. Hill
Byron G. Riley ~ Paul D. Burns
Michael K. Denney Janice J. Kerkove
Patrick M. Courtney Shannon P. Thompson
Donald G. Thompson Kevin C. Papp
Kelly R. Baler Laura C. Mueller
Gregory J. Seyfer
Dean A. Spina BRAI~)LE¥ ~ I~LE¥ PC David J. Zylstra
Kimberly H. Blankenship
Joseph E. Schmall ATTORNEYS AND COUNSEEORS Benjamin B. Dvergsten
Bradley G. Hart 2007 FIRST AVENUE SE
William J. Neppl CEDAR P~APIDS, IA 52402 Counsel:
William T. McCarlan Melissa Weets Anderson
Maureen G. Kenney MAILING ADDRESS: Boston, Massachuse~
Vernon P. Squires PO BOX 2804 1-800-353-2665
CEDAR R.APIDS, IA 52406 2804
[ELEPHONE: 319-363OI01
FAX: 319-363-9824
WEBSITE ADDRESS: w~w.bradleyriley.com
EoMAIL ADDRESS: dspina@bradleyriley.com
May 8, 2003
Mayor and City Council ·
City of Iowa City
410 East Washington Street -~-~
Iowa City, IA 52240 ....
RE: REZ03-00009 ~ CO's Construction, Inc.
Dear Mayor and City Council:
I am writing on behalf of CJ's Construction, Inc. We wish to express our appreciation for the
approval of the above case on first reading on May 6, 2003.
Pursuant to Iowa Code Section 380.3, we respectively request that the City Council suspend the
requirement of two separate approvals prior to the final approval and apProve the case on the final
reading at the next meeting of the City Council.
Thank you for your consideration of this request.
Very truly yours,
BRADLEY & RILEY PC
Dean A. Spina
cc: Cory Hodapp
00097914.WPD
Page 1 of 1
Marian Karr
From: Amy Weiss [Amy-Weiss@uiowa.edu]
Sent: Sunday, May 11, 2003 3:54 PM
To: council@iowa-city,org
Subject: Regarding rezoning of the southeast corner of Meadow Ridge Lane
I am writing to each of you as members of the Iowa City City Council to implore you to consider the dangerous
situation that already exists in the location where 13 townhouses are going to built at the foot of Meadow Ridge
Lane and the Dubuque Street service road or "Old 218." May I remind you that despite the unfortunate financial
situation the City of Iowa City finds itself in, this neighborhood was promised a light at the Foster Road
intersection years ago--in fact the North District Plan from 2001 includes a schematic of the light at this very
intersection. The Planning and Zoning Commission voted 7-0 to similarly bring to your attention the danger of
this situation to the neighbors who already live in this area and the growing danger you allow by in effect
okaying the development of 13 additional town homes in a very small space, clogging an already crowded
intersection.
What we desperately need is the revamping of the INFRASTRUCTURE first, then the building. As heinous and
poorly conceived a plan as I find the rezoning for the purpose of building the 13 town homes right on top of us,
I would find this very bitter pill easier to swallow ifI felt that the Council was responsive to the dire safety need
to first widen the frontage road traveled on by many more than just persons living on Meadow Ridge Lane (Old
218), and the addition of a traffic light. I would remind you that the chairperson of the P & Z commission
purposefully addressed the council about the immediate need for this light at the time of the initial hearing of
the zoning change by the council.
Not only are we already living in harm's way but with the additional building both of the town homes and the
Peninsula development on the opposite of Foster Road, there will not be any alleviation of this problem without
decisive, positive, action to alter the infrastructure of this area. Without such alterations, the situation will only
get much worse and it already is untenable. The area will not be more attractive to buyers, but less so. If what
you want is to bring more individuals into areas that have easy, and safe access to the downtown, you cannot do
it without committing the funds for that end, even in tough financial times. If you cannot commit the funds then
I don't see how in good conscience, you can continue to make a bad situation even worse.
My neighbors and I argued before the P & Z commission about safety issues, diversity and the city plan, and the
ruining of the aesthetics of the neighborhood (read: 36 gorgeous, mature trees...I've seen the engineers'
approved plan) to little avail. So, I'm taking another approach: at least don't put the cart before the horse. If this
complex has to be built then do it the right way that shows consideration for the neighbors in the greater Foster
Road area and fix the infrastructure, both the road and the light, before more building commences. You already
have an area where there's an accident waiting to happen and many already have, albeit no fatalities.
In closing, my personal read of the mission statement of the Planning and Zoning Commission is that planning
is just as important as zoning. That being said, the refusal of the majority (in this case, one member of the
commission) of that committee to view how seriously they have aggravated the safety of the citizens of Iowa
City who live in this area by their decision to permit the rezoning change and thus approve the town house
development, means that they do not appreciate the situation. Perhaps worse than that for the citizens of I0wa
City, they do not see themselves as responsible for the "Big Picture" of how our city develops. Unfortunately, at
least one member of the commission voiced the opinion that since the project met all zoning codes, there was no
reason not to approve it. Obviously, three of her fellow committee members disagreed. I am told that one of
them has had a car accident at that comer.
Sincerely,
Amy L. Weiss
1957 Meadow Ridge Lane
5/12/03
Marian Karr
From: Dennis & Mel[nda Bricker [bricker@avalon.net]
Sent: Monday, May 19, 2003 1:33 PM
To: cou ncil@iowa-city.org
City Council Members Connie Champion, Steven Kanner, Ernest W. Lehman, Mike
O'Donnell, Irvin Pfab, Dee Vanderhoef, Ross Wilburn
For 28 years we have been proud Iowa City people. These recent months
concerning the rezoning of the Meadow Ridge Lane area certainly have changed
that view. Now I see I am powerless!
Our property at 1926 Meadow Ridge will certainly loose significant
resale value now as well as daily changes in traffic, etc. Do you really
think University faculty will be paying $150,000 to live in such a dense
complex? With a 4 to 3 zoning recommendation[the 4 was quite weak], I hoped
the council would show more interest in the viewpoint of neighborhood home
owners.
Dennis & Melinda Bricker bricker@avalon.net