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HomeMy WebLinkAbout2003-07-01 Ordinance Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE G, ENTITLED" OFFICE AND RESEARCH PARK ZONE (ORP)," AND ARTICLE L, ENTITLED, "PROVISIONAL USES, SPECIAL EXCEPTIONS, AND TEMPORARY USES." WHEREAS, the Office and Reseamh Park Zone (ORP) is intended to provide areas for the development of large office, research and similar uses and the requirements of this zone protect uses in the zone from adverse impact of uses on adjacent land and protect adjacent more restrictive uses; and WHEREAS, utility substation facilities, if screened and sited properly, would not be contrary to the intent of the Office and Research Park Zone; and WHEREAS, the 7-acre minimum lot area requirement of the ORP Zone may be excessive for utility substations in certain circumstances, given that there is little traffic or activity at such a site; and WHEREAS, the Board of Adjustment, if given specific authority in the Zoning Chapter, may grant relief from specific requirements of the Zoning Chapter through a special exception if the action is considered to serve the public interest and is consistent with the intent of the Zoning Chapter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: City Code Title 14, Chapter 6, Zoning, Article G, Office and Research Park Zone (ORP), Section 3, Provisional Uses, is amended by adding a Subsection B as follows: B. Utility substation facilities within a building that houses another principal use allowed in the ORP Zone, provided the substation facility is completely enclosed and there is no visible indication of the facility from the extedor of the building. City Code Title 14, Chapter 6, Zoning, Article G, Office and Research Park Zone (ORP), Section 4, Special Exceptions, is amended by adding a Subsection D as follows: D. Utility substation facilities, according to the requirements of Article L of this Chapter. City Code Title 14~ Chapter 6, Zoning, Article L, Provisional Uses, Special Exception, and Temporary Uses, Section 1, Provisional Uses and Special Exceptions Enumerated: Requirements, Subsection X, Utility Substation Facilities, is amended by adding a paragraph 3, as follows: 3. In the ORP Zone, the Board of Adjustment may reduce the minimum lot area requirement for a utility substation facility, provided that the applicant demonstrates that the facility will be located, screened, and landscaped in a manner that will not detract from surrounding properties or prevent development of an attractive entranceway to an existing or future office research park. SECTION V. REPEALER. All ordinances and parts 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 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 ,2003. MAYOR ATTEST: CITY CLERK Approved by C i[7- A"tt~r n ~y's"~O ~ce 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 6/24~03 Voteforpassage:AYES: Kanner', Lehman, 0'Donne'll, Pfab, Vandet-hoef, I~ilbut-n, Champion. NAYS: None. ABSENT: None. Second Consideration 7/]./03 Vote for passage: AYES: Kanne~', Lehman, 0'Donne]'l, Pfab, Vandet'hoef, Wi]bu~'n, Champion. NAYS: None. ABSENT: None. Date published Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, tA 52240; 319-356-5243 (REZ03-00012) AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 1.1 ACRES FROM CB-2, CENTRAL BUSINESS DISTRICT SERVICE, TO PRM, PLANNED HIGH DENSITY RESIDENTIAL, FOR PROPERTY LOCATED ON THE EAST SIDE OF SOUTH DUBUQUE STREET SOUTH OF COURT STREET. WHEREAS, the applicant, James Clark, has requested that said property be rezoned from CB-2, Central Business District Service, to PRM, Planned High Density Residential; and WHEREAS, the proposed zoning change conforms with the Near Southside Neighborhood Redevelopment Plan; and WHEREAS, the proposed rezoning is located adjacent to an existing Planned High Density Residential zone; and WHEREAS, at its May 1, 2003 meeting, the Planning and Zoning Commission recommended approval of the proposed rezoning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. 1.The property described below is hereby reclassified from its present classification of CB-2, Central Business District Service, to PRM, Planned High Density Residential. County Seat Addition, Block 1, Lots 5, 6, 7, and 8. SECTION I1. 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 II1. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same at the office of the County Recorder of Johnson County, Iowa, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the previsions of this Ordinance are hereby repealed. SECTION V. 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 DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,2003. MAYOR ATTEST: CITY CLERK Approved, by ~y A~o~,'f'e~"'Ofl~ce -- Ordinance No. Page __ It was moved by and seconded by that the Ordinance as read be adopted, and upon tell call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 6/24/03 Voteforpassage: AYES: O'Donne'l'l, Pfab, Vanden'hoer, Wi'lburn, Champ'ion, Lehman. NAYS: Kanner. ABSENT: None. Second Consideration 7/1/03 Voteforpassage:AYES: O'Donne]l, Pfab, Vanderhoef, Wi]burn, Champ'ion, Lehman. NAYS: Kanner. ABSENT: None. Date published HOLLAND & ANDERSON LLP Attorneys at Law c. Joseph Holland Suite 300 Brewery Square Lars G. Anderson jholland@icialaw.com North Linn Street landerson@icialaw.com P.O. Box 2820 ~ Iowa City, Iowa 52244 ~ 319-354-0559 (fax) ~l,~_~ ~ June 25, 2003 ~ ~ Mar±an Kart C±ty Clerk City o£ Iowa City 410 E. Washington Street Iowa City, IA 52240 RE: REZ03-O0012 Rezon±ng 400 Block ~outh Du.buq~e Stree~ Dear Mar±an: ~s you know, the Council voted 6-1 to pass the first readin~ o£ the ordinance rezon±n~ the east s±de o£ the 400 block of South Dubuque Street £rom CB-2 to ?RM on Gune 24. On behal£ of ~he ~pplicant, I would like to request that th±s matter Be put on the agenda for expedited consideration £or £inal passaie at the next Council Meeting. Because of the abbreviated schedule of Council Meet±rigs this summer, scheduled absences £rom Iowa City by mysel~ and ~im Clark, and our desire to brin~ closure to the issues, we would like to have this ma~ter proceed to final consideration by the Council as soon as possible. Very truly yours, CJH:jbh cc: Karin Franklin, City Planning Dept. Eleanor Dilkes, City Attorney Jim Clark