HomeMy WebLinkAbout1998-07-07 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 7~ day of July,
1998, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. An ordinance amending Title 14,
Chapter 6, Zoning, Article A, Zoning Title,
Purpose and Scope, Section 4, Scope, to
allow more than one principal building on a lot
for religious institution uses permitted by
special exception in RS zones and the RNC-
12 zany;eel; ordinance amending Title 14,
Ch r , Zoning, Article. K, Environmental
Regulations, Section 1, Sensitive Areas
Ordinance, to add a retention requirement for
woodlands in Factoff-Built Housing Residential
(RFBH) zones.
3. An ordinance changing the zoning
designation of approximately 22.20 acres from
Public (P) to Public/Intensive Commercial (P/CI-
1) for property located at 1801 S. Riverside
Drive.
4. An ordinance changing the zoning
designation for 6.53 acres from Low Density
Single-Family Residential (RS-5) zone to
Sensitive Areas Overlay (OSA-5) zone for
property located at 2727 Rochester Avenue.
Copies of the proposed ordinances are on
file for public examination in the office of the
City Clerk, Civic Center, Iowa City, Iowa.
Persons wishing to make their views known
for Council consideration are encouraged to
appear at the above-mentioned time and place.
- -- MARlAN K. KARR, CITY CLERK
I:~xtadrn/nph-0707.dOC
Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 52240; 319/356-5251
ORDINANCE NO.
ORDINANCE AMENDING CITY CODE TITLE
14, CHAPTER 6, ENTITLED TONING,"
ARTICLE K, ENTITLED 'ENVIRONMENTAL
REGULATIONS," SECTION 1, ENTITLED
~jENSITIVE AREAS ORDINANCE,' TO ADD A
RETENTION REQUIREMENT FOR
WOODLANDS IN FACTORY-BUILT HOUSING
RESIDENTIAL |RFBH) ZONES
WHEREAS, a purpose of the Sensitive Areas
Ordinance is to foster urban design that
preserves open space and minimizes
disturbance of environmentally sensitive
features and natural resources; and
WHEREAS, to preserve existing woodland
areas in the community, the Sensitive Areas
Ordinance provides for the retention a certain
percentage of woodlands on properties in
Iowa City; and
WHEREAS, the Factory-Built Housing
Residential (RFBH) zone was inadvertently
excluded from the retention requirement
provision for woodlands; and
WHEREAS, the RFBH zone is considered a
single-family residential zone; and
WHEREAS, the woodland retention
percentage for single-family zones is 50
percent.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 14, Chapter
6, Article K, Section 1, entitled <jensitive
Areas Ordinance," of the City Code is hereby
amended by repealing subsection 14-6K-1J3a
in its entirety, and adding a new subsection
14-6K~1J3a to read as follows:
a. Sensitive area development plans and
sensitive area site plans required to be
submitted under this Section shall
delineate all existing woodlands and shall
designate all woodlands that are to be
protected. The plans shall substantiate
that woodlands
follows:
Zone
ID, RR-1
RS-5, RS-8, RS-12, RFBH
RM-12, RM-20, RM-44,
RNC-12, RNC-20
RDP, ORP
C and I
SECTION II. REPEALER.
parts of ordinances in
are being retained as
Retention
Requirement
70%
50%
20%
20%
10%
All ordinances and
conflict with the
provisions of this Ordinance are hereby
repealed.
SECTION III. 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 IV. 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
,19
MAYOR
ATTEST:
CITY CLERK
City of Iowa City
MEMORANDUM
Date:
May 29, 1998 (for June 4 Commission meeting)
To:
Planning and Zoning Commission
From:
Melody Rockwell, Associate Planner
Code Amendment Revision to Add a Retention Requirement for Woodlands in
RFBH Zones
Recently, City staff have become aware of potential, future expansions of mobile home
parks. One mobile home park, in particular, is located along the Iowa River, and the area
being considered for expansion contains mature trees that under the Sensitive Areas
Ordinance would constitute a woodland. Other RFBH-zoned properties have wooded areas
on or adjacent to them and, if expanded, could impact these wooded areas. In Iowa City,
manufactured housing parks and mobile home parks are zoned RFBH, Factory Built Housing
Residential. However, the Code subsection (14-6K-1J3a) that sets forth the woodland
retention requirement by zone does not include the Factory Built Housing Residential
(RFBH) zone. This means the Sensitive Areas Ordinance contains no language to protect
woodlands in RFBH zones. Subsection 14-6K-1J3a currently reads as follows:
Sensitive areas development plans and sensitive areas site plans required to
be submitted under this Section shall delineate all existing woodlands and
shall designate all woodlands that are to be protected. The plans shall
substantiate that woodlands are being retained as follows:
Zone
Retention Requirement
ID, RR-1 70%
RS-5, RS-8, RS-12 50%
RM-12, RM-20, RM-44, 20%
RNC-12, RNC-20
RDP, ORP 20%
C and I 10%
Staff reviewed the minutes of and the staff memorandums to the Sensitive Areas
Committee, which had the responsibility of formulating the Sensitive Areas Ordinance.
Initial drafts of the ordinance were also reviewed. There is no indication that the RFBH
was deliberately left out of the retention requirements. Rather, it appears to be an
oversight. There is no apparent reason that the RFBH zone should not be required to retain
woodland areas as other residential developments are required to do. Staff would suggest
that the RFBH zone be incorporated into subsection 14-6K-1J3a through an ordinance
amendment. Because the Zoning Chapter tends to treat the RFBH zone similarly to other
single-family (RS) zones, in terms of sign regulations, parking requirements, etc., staff
further suggests that the woodland retention rate for the RFBH zone be set at 50% as is
the case for other single-family residential zones.
STAFF RECOMMENDATION:
Staff recommends that City Code subsection 14-6K-1J3a be amended to read as follows:
Sensitive areas development plans and sensitive areas site plans required to
be submitted under this Section shall delineate all existing woodlands and
shall designate all woodlands that are to be protected. The plans shall
substantiate that woodlands are being retained as follows:
Zone
Retention Requirement
ID, RR-1 70%
RS-5, RS-8, RS-12, RFBH 50%
RM-12, RM-20, RM-44, 20%
RNC-12, RNC-20
RDP, ORP 20%
C and I 10%
ppdadmin\woodstay.doc
Approved by:
Karin Franklin, Director
Department of Planning and
Community Development
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 7~ day of July,
1998, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. An ordinance amending Title 14,
Chapter 6, Zoning, Article A, Zoning Title,
Purpose and Scope, Section 4, Scope, to
allow more than one principal building on a lot
for religious institution uses permitted by
special exception in RS zones and the RNC-
12 zone.
2. An ordinance amending Title 14,
Chapter 6, Zoning, Article. K, Environmental
Regulations, Section 1, Sensitive Areas
Ordinance, to add a retention requirement for
woodlands in Factory-Built Housing Residential
Public (P) to Public/Intensive Commercial (P/CI-
1) for prope~y located at 1801 S. Rivemide
Drive.
4. An ordinance changing the zoning
designation for 6.53 acres from Low Density
Single-Family Residential (RS-5) zone to
Sensitive Areas Overlay (OSA-5) zone for
prope~y located at 2727 Rochester Avenue.
Copies of the proposed ordinances are on
file for public examination in the office of the
City Clerk, Civic Center, Iowa City, Iowa.
Persons wishing to 'make their views known
for Council consideration are encouraged to
appear at the above-mentioned time and place.
- -. MARlAN K. KARR, CI~ CLERK
Prepared by: Bob Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE ZONING
DESIGNATION OF 22.2 ACRES OF LAND
FROM PUBLIC, P, TO PUBLIC/INTENSIVE
COMMERCIAL, P/CI-1 FOR PROPERTY
LOCATED AT 1801 S. RIVERSIDE DRIVE.
WHEREAS, the Airport Commission has
requested that the City rezone 22.2 acres located
on the north side of the Iowa Municipal Airport
from Public, P, to Public/Intensive Commercial,
P/CI-1; and
WHEREAS, the proposed P/CI-1 zoning is
compatible with adjacent commercial zoning and
development; and
WHEREAS, the proposed rezoning will allow
commercial development of portions of the airport
that are not needed for aviation purposes.
WHEREAS, the Iowa City Planning and
Zoning Commission has reviewed the proposed
rezoning and has recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. The property legally
described below is hereby reclassified from its
present classification of P, Public, to P/CI-1,
Public/Intensive Commercial:
A portion of the Southeast one quarter of
Section 16, Township 79 North, Range 6
West of the Fifth Principal Meridian,
Johnson County, Iowa, the boundaries of
which are described as follows:
Commencing at the Southeast comer of the
Southeast one quarter of Section 16,
Township 79 North, Range 6 West of the
Fifth Principal Meridian, Johnson County,
Iowa; Thence N00°09'16"E, 525.43 feet;
Thence 889°40'58"W, 307.14 feet; Thence
N 16°30'59"W, 130.48 feet; Thence
S70°15'10"W, 422.76 feet to the Point of
Beginning; Thence continuing
S70°15'19"W, 1072.57 feet; Thence
N01 °27'10"E, 1146.00 feet; Thence
S89029'20"E, 58.63 feet; Thence
N89°41 '03'E, 636.49 feet; Thence
N89°43'12"E, 305.27 feet; Thence
S01027;10"VV, 788.06 feet to said Point of
Beginning, containing 22.20 acres and is
subject to easements and restrictions of
record.
Ordinance No.
Page 2
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 City at
the office of the County Recorder of Johnson
County, lows, 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 of this 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
,1998.
MAYOR
AI'I'EST:
CITY CLERK
ppdadmin/ord/1801 RIVIR. DOC
STAFF REPORT
To: Planning & Zoning Commission
Item: 98-0005: Iowa City Municipal Airport
GENERAL INFORMATION:
Applicant:
Requested Action:
Location:
Size:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
45 Day Limitation Period:
Prepared by: Robert Miklo
Date: May 21, 1998
Iowa City Airport Commission
1801 Riverside Drive
Iowa City, Iowa 52246
Phone: 356~5045
Rezoning from P to P/C-1.
Approximately 450 feet south of Highway 1
behind the Wardway shopping center.
22.2 acres
North: Intensive Commercial; C1-1
East: Vacant; P/CI-1
South: Airport runway; P
West: Vacant; P/CI-1
Public/semi-public
April 23, 1998
June 8, 1998
BACKGROUND INFORMATION:
In 1990 the Iowa City Airport Commission identified portions of the Airport property that
were no longer necessary for aviation purposes. Portions of these properties were rezoned
from P, Public to P/CI-1, Public/Intensive Commercial and P/I-l, Public/General Industrial. The
Airport Commission intended to retain ownership of these properties and lease them for
private development. These areas are shown on the location map. The recent Airport Master
Plan has identified additional area that will become available for development when the north-
south runway is closed. This area is between two areas previously rezoned to P/CI-1, as
shown on the location map.
The Airport Commission intends to encourage the development of a business park in this
area. Per the zoning code, a zone change to establish an overlay zone is required if the
property is to be leased to private developers as proposed by the Airport Commission.
Development of these properties will also be subject to height and use limitations of the
Airport Overlay Zones.
ANALYSIS:
The subject property is located south of Highway 1 between Rupert Road and Riverside
Drive. It does not have direct frontage onto Highway 1. Several commercial uses, such as
mobile home sales, a convenience store, restaurants and other retail uses, are located
between this property and Highway 1. The Airport Commission is contemplating the
construction of a new road between Rupert Road and Riverside Drive to provide access to
this property.
The C1-1 zone is intended to provide areas for those sales and service functions and
businesses whose operations are typically characterized by outdoor display, storage and/or
sale of merchandise, by repair of motor vehicles, by outdoor commercial amusement and
recreational activities or by activities or operations conducted in buildings or structures not
completely enclosed. Special attention must be directed toward buffering the negative
aspects of these uses from any residential use. The existing P zone is intended to provide
reference to public uses of land on the Zoning Map. This designation serves a notice function
to those owning or buying land in proximity to publicly owned land, which is not ordinarily
subject to the regulations of the Zoning Code.
The area directly to the north of the subject property is currently developed and zoned for CI-
1 uses. The proposed P/CI-1 district will be compatible with the adjacent zoning and
development. There may however be uses allowed in the C1~1 zone which the Airport
Commission finds are not appropriate immediately adjacent to the Airport. The Airport can
prohibit such uses through its leasing policies.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed zone change from P to P/CI-1 for 22.2 acres
located south of Highway 1 and west of Riverside Drive.
ATTACHMENTS:
1. Location Map.
2. Letter from Howard Horan, Airport Commission Chairperson.
ppdadmin~stfrep~980005.doc
Karin Fr~;nklin, Director
Department of Planning and Community Development
CITY OF IO~:A CITY
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CI 1
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CI 1
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P
P/CI 1
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RFBH
P
RFBH
ID-RM
SITE LOCATION: NORTH COMMERCIAL AREA
REZ98-O005
IOWA CITY MUNICIPAL AIRPORT
1801 South Riverside Drive Iowa City, Iowa 52246
Office Phone (319) 356-5045
In an effort to increase Airport revenue, the Airport Commission is developing a plan to lease
approximately 54.4 acres, referred to as the North Commercial area, in the northeast comer of the Airport
property. The 1996 Airport Master Plan has described this area as not essential for aviation uses. The
Commission does not intend to sell the property, but will lease it with long-term leases. Aviation related
uses would be preferred, but not required.
The property is divided into three parcels. Two of the parcels have a CI-1 zoning overlay. Together, these
parcels constitute 32.2 acres. The remaining 22.2 acres, in the center of the North Commercial area, will
also be rezoned CI-1.
The Council and Commission are discussing a strategy for development. There has been interest by a
private developer to develop the entire area and the Commission has a potential tenant interested in the 5-
acre parcel on the east side of the area. Some development could occur before the center parcel is rezoned,
but having the entire parcel rezoned will give the Commission more flexibility in developing and leasing
the property.
The survey and legal description for the parcel are currently being completed by MMS Consultants and will
be available by April 30*, 1998.
Howard Horan
Airport Commission Chairperson
Date
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 7~ day of July,
1998, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. An ordinance amending Title 14,
Chapter 6, Zoning, Article A, Zoning Title,
Purpose and Scope, Section 4, Scope, to
allow more than one principal building on a lot
for religious institution uses permitted by
special exception in RS zones and the RNC-
12 zone.
2. An ordinance amending Title 14,
Chapter 6, Zoning, Article. K, Environmental
Regulations, Section 1, Sensitive Areas
Ordinance, to add a retention requirement for
woodlands in Factory-Built Housing Residential
(RFBH) zones.
3. An ordinance changing the zoning
designation of approximately 22.20 acres from
Public (P) to Public/Intensive Commercial (P/CI-
1) for property located at 1801 S. Riverside
Drive.
e~gn t~:n ordinance changing the zoning
d a for 6.53 acres from Low Density
Single-Family Residential (RS-5) zone to
Sensitive Areas Overlay (OSA-5) zone for
property located at 2727 Rochester Avenue.
Copies of the proposed ordinances are on
file for public examination in the office of the
City Clerk, Civic Center, Iowa City, Iowa.
Persons wishing to make their views known
for Council consideration are encouraged to
appear at the above-mentioned time and place.
- ~' MARlAN K. KARR, CITY CLERK
I~ph*O7OT.doc
STAFF REPORT
To: Planning and Zoning Commission
Item: REZ98~O006 and SUB98-0009 Green
Mountain Meadow
GENERAL INFORMATION:
Applicant:
Contact person:
Prepared by: Robert Miklo
Date: May 7, 1998
Homes of Hoogerwerf
P.O. Box 614
Iowa City, IA 52244
Phone: 354-7965
Mike Hoogerwerf
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable Code requirements:
File date:
45-day limitation period:
Sensitive Areas Rezoning and
Preliminary Plat.
To permit a 15-lot subdivision
2727 Rochester Avenue
6.53 acres
Single-Family Residential and horse
stable
North: residential; OPDH-5
East: vacant; RS-5
South: residential; RS-5
West: religious institution; RS-5 .
Residential
Chapter 14-7, Land Subdivisions, and
Sensitive Area Ordinance.
April 16, 1998
June 1, 1998
2
BACKGROUND INFORMATION:
Mike Hoogerwerf has submitted an application for a Preliminary Plat of Green Mountain
Meadow, a 6.53, 15-lot residential subdivision located south of Rochester Avenue. Because
the property contains slopes greater than 25% a Sensitive Areas rezoning and development
plan are also required. The property currently contains a single-family house and a stable for
horses. When submitted the preliminary plat contained minor deficiencies and discrepancies.
A corrected plat has been submitted and is being reviewed by staff.
ANALYSIS:
Subdivision Design. The subdivision design proposes that Green Mountain Drive be extended
north and then east on this property. It would end on the east property line and could be
extended further to the east when the adjacent vacant land is developed. When green
Mountain Drive is extended farther to the east it could connect to Lower West Branch Road
or Lake Forest Avenue. However woodlands and potential wetlands which are located to the
east of this property will need to be considered when the street layout is designed.
Depending on the design of the subdivision to the east, there might also be a north/south
connection to Rochester Avenue. A temporary turn around is required at the end of Green
Mountain Drive until it is extended.
Except for the existing driveway for the house located on lot 5, there would be no vehicular
access from this subdivision to Rochester Avenue. Due to orientation and address of the
house it would not be appropriate to require that access be redesigned to come from Green
Mountain Drive at this time. However if there is any future redevelopment of lot 5, access
should come from Green Mountain Drive. This should be stipulated in the legal papers for the
final plat.
Outlot A will provide for a sidewalk between Green Mountain Drive and Rochester Avenue.
The owners of lots 5 and 6 will be responsible for snow removal and maintenance of the this
walk. This should be detailed in the legal papers. This sidewalk should be built at that time
Green Mountain Drive is built. This will need to be stipulated in the legal papers at the time
of final plat approval.
Lots 6-10 are double fronting lots with fronts on Rochester Avenue and Green Mountain
Drive. The .Comprehensive Plan and Subdivision Regulations discourage such lots. The
Comprehensive Plan indicates that landscape buffers should be used along arterial streets
where double fronting lots can not be avoided. Staff recommends that a landscape buffer be
required as a condition of approval to help create buffer these lots from Rochester Avenue.
The plat shows a concept for a landscape buffer. The City Forester has been asked to review
this plan and provide comments prior to the Commission's vote.
Storm Water Management. A storm water management easement is proposed in the
southeast portion of the property on portions of lots 11-15. The Public Works Department is
reviewing this plan and will provide comments prior to the Commissions vote.
Neighborhood Open Space. The neighborhood open space requirement for this subdivision is
6267 square feet. The Parks and Recreation Commission will be reviewing this subdivision
to determined if neighborhood open space should be dedicated or should fees be paid in lieu
of space. Given the location and quality of open space available on this property, fees in lieu
of open space may be appropriate. The Parks and Recreation Commission's comments
should be available prior to the Planning and Zoning Commission's vote on this application.
Water Main Extension Fee. The Developer will be required to pay a water main
extension fee of $395 per acre.
Sensitive Areas Ordinance. Because the property contains slopes of over 25% a Sensitive
Areas Rezoning and Development Plan are required. The application will need to be
amended to reflect this. The' area which contains these slopes is proposed to be graded to
allow the creation of the storm water management facility. The Sensitive Areas Ordinance
does allow the grading of these slopes. A copy of the Site Grading & Erosion Control Plan
has been received but the review is not complete.
STAFF RECOMMENDATION: Staff recommends that the rezoning from RS-5, Low Density
Single-Family to SOA-5, Sensitive Areas Overlay-Low Density Single-Family and preliminary
plat and sensitive areas development plan for Green Mountain Meadow, a 6.53 acre, 15-lot
residential subdivision located at 2727 Rochester Avenue, be approved subject to Public
Works Department review of the plat and City Forester review of the landscape buffer plan.
ATTACHMENTS:
1. Location Map.
2. Preliminary Plat
Approved by:
Department of Planning and
Community Development
shared/pcd/grmt
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SITE LOCATION:GREEN MOUNTAIN MEADOW EXC98-0009
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 7t~ day of July,
1998, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
whic hearing the Council will consider:
Purpose and Scope, Section 4, Scope, to
allow more than one principal building on a lot
for religious institution uses permitted by
special exception in RS zones and the RNC-
12 zone.
2. An ordinance amending Title 14,
Chapter 6, Zoning, Article K, Environmental
Regulations, Section 1, Sensitive Areas
Ordinance, to add a retention requirement for
woodlands in Factory-Built Housing Residential
(RFBH) zones.
3. An ordinance changing the zoning
designation of approximately 22.20 acres from
Public (P) to Public/Intensive Commercial (P/CI-
1) for property located at 1801 S. Riverside
Drive.
4. An ordinance changing the zoning
designstion for 6.53 acres from Low Density
Single-Family Residential (RS-5} zone to
Sensitive Areas Overlay (OSA-5) zone for
property located at 2727 Rochester Avenue.
Copies of the proposed ordinances are on
file for public examination in the office of the
City Clerk, Civic Center, Iowa City, Iowa.
Persons wishing to make their views known
for Council consideration are encouraged to
appear at the above-mentioned time and place.
- MARlAN Ko KARR, CITY CLERK
ppdadnVnph-0707.doc
City of Iowa City
MEMORANDUM
Date: May 29, 1998 (for June 4, 1998 Commission meeting)
To: Iowa City Planning and Zoning Commission
From: Melody Rockwell, Associate Planner
Proposed Amendment of City Code Subsection 14-6A-4F1 to Allow More than One Principal
Building per Lot for Religious Institutions in RS Zones and the RNC-12 Zone
Currently, City Code subsection 14-6A-4F1 provides that "in RS zones and the RNC-12 zone,
there shall not be more than one principal use or building on a lot. There may be more than one
accessory use or structure on a lot.' The Zoning Chapter defines a principal use, a principal
building, and an accessory building/use as follows:
PRINCIPAL USE - The primary uses(s) of land or a structure as distinguished from an
accessory use, e.g., a house is a principal use in a residential area while a garage or pool is an
accessory use.
PRINCIPAL BUILDING - A building containing the principal use.
ACCESSORY BUILDING/USE - A building or use which is subordinate to and serves a
principal building or use, is subordinate in area, extent or purpose to the principal building or
use served, contributes to the comfort, convenience or necessity of occupants of the principal
building or use, and except for off-street parking as provided in subsection 14-6N-1C of the
Chapter, is located on the same lot as or across a street, alley or railroad right-of-way from the
principal use.
Over the past few years, the Board of Adjustment has received applications from churches and
religious schools seeking to expand their facilities by adding a building to the property. If the
building is an accessory building, such as the sports equipment storage shed requested by
Regina Catholic Education Center a year ago, there is no problem. The Board can review the
case, and determine whether an additional, separate, accessory building is appropriate and
compatible within the residential area in which it is located.
However, if the building is a small worship center/classroom area, as requested three years ago
by the All Nations Baptist Church, or a modular classroom building, which is now being
requested by Regina, it is considered to be a principal building as it contains the principal use,
and therefore it must be attached to the existing principal building. It cannot simply be attached
by a breezeway, but must be made an integral part of the main building so that that the
technical requirement of having only one principal building on the lot is met. The intent of the
ordinance provision is to prevent more than one residence per lot in RS (single-family
residential) zones, but this provision does not always make sense or benefit the applicant or the
public when it is applied to religious institutions, such as churches or schools.
The sites in question are relatively large. Religious institutions are required to have a minimum
of 40,000 square feet of lot area in RS zones. The All Nations Baptist Church on Mormon Trek
Boulevard has 5.69 acres, and Regina, which is considered a religious institution, has a 41 acre
campus. Because the Baptist Church was required to attach the modular building to its main
church building, it was not able to place the structure so that it was less visible from public view
and the church incurred additional costs to integrate the two structures, which included the
expense of creating a doorway through a main building wall into the modular structure.
2
Regina is requesting Board of Adjustment approval to expand its facilities by placing a modular
classroom building to the rear of the existing school building. It would not be visible from
Rochester Avenue, and would be buffered from residential properties in the area both by
intervening distance and by the wooded areas along the perimeter of the property and along
Ralston Creek in Hickory Hill Park to the north. To meet the Zoning Chapter requirements, the
classroom must be attached to the main school building, yet, there is no practical way to attach
the modular classroom building to the existing Regina school building without losing a portion of
an existing classroom, blocking an egress corridor, and/or placing the modular structure in a
more visible, but less functional location. (See Attachment 1: Regina Catholic Education Center
Site Plan) There have been other instances where rectories or parish halls have been built as
separate buildings on a church property, but because they are legal, nonconforming buildings,
they cannot now be expanded due to the restriction allowing only one principal building per lot
in the RS and RNC-12 zones.
Religious institutions in RS zones and the RNC-12 zone must meet the additional regulations of
Article L, which include a requirement for access to arterial or collector streets or on streets with
paving wider than twenty eight feet (28'), as well as dimensional requirements for a 40,000
square foot minimum lot area and a minimum setback distance of two feet (2') of horizontal
distance for each foot of building height. Additionally, when the Board of Adjustment grants a
special exception, it must find that the requested exception meets certain standards, such as
not being detrimental to public health or safety, not being injurious to the use and enjoyment of
other property or impairing property values in the area, and not impeding the orderly
development of surrounding property. The Board specifically addresses compatibility issues in
residential areas, and can require ameliorating conditions, such as screening, when it grants
special exceptions. In staffs view, these additional regulations, and the requirement for Board
of Adjustment review of any religious institution being established or expanded in the RS zones
and RNC-12 zone through the special exception process, provide safeguards for permitting
religious institutions to have more than one principal building on a lot in single-family residential
areas in reasonable, compatible ways.
STAFF RECOMMENDATION:
Staff recommends that City Code subsection 14-6A-4F1 be amended to read as follows:
14-6A-4F1. In RS zones and the RNC-12 zone, there shall not be more than one principal use
or building on a lot, except as permitted through a Board of Adjustment approval of a special
exception to establish or expand a religious institution use. There may be more than one
accessory use or structure on a lot.
ATTACHMENT:
1. Regina Catholic Education Center Site Plan
Approved by:
Franklin, Director
~planning and
Community Development
ppdadmin\mem\religamd.doc
Lynch, Greenleaf, & Michael, L.L.P.
1402 Willow Creek Court
P.O. Box 1757
Iowa City, Iowa 52244-1757
(319) 351-1056 Telephone - (319) 338-6834 Facsimile
LAWRENCE L. LYNCH - STEPHEN N. GREENLEAF - ROBERT S. MICHAEL
June 16,1998
Council Members
City Council
Civic Center
410 E. Washington Street
Iowa City, Iowa 52240
Re: Regina Catholic Education Center
Dear Council Members:
I represent Regina Catholic Education Center. The Planning and Zoning
Commission approved of a recommendation of an amendment to the City Code
to allow more than one principal building on a lot for religious institution uses
permitted by special exception in RS zones.
Due to the increase of enrollment at Regina, it has become necessary to install a
temporary classroom on the Regina campus prior to the start of school at the end
of August. According to the City's current interpretation of the zoning ordinance,
Regina would have to permanently connect the temporary classroom to the
current school building in order to be in compliance with the current zoning
ordinance. The proposed amendment would allow for the temporary classroom
without the permanent connection
It is my understanding that the public hearing on the proposed amendment will
be set for the council meeting to be held on July 7th.
Regina respectfully requests that the Council do whatever is possible to expedite
your review, and hopefully, approval of the proposed amendment. This would
allow occupancy of the classroom at the start of classes in the fall.
Council Members
City Council
June 16,1998
Page 2
Thank you for your consideration. If you need any further information, please let
me know.
Sincerely,
LYNCH, GREENLEAF & MICHAEL, L.L.P.
Robert S. Michael ~'
RSM:jb
Cc: Ray Pechous
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 16t" day of June,
1998, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
O
An ordinance vacating Second
Avenue Court, located between First Avenue
and Second Avenue, north of Muscatine
Avenue.
2. An ordinance vacating the northern
200 feet of the alley between Lafayette Street
and Benton Street, west of Dubuque Street.
Copies of the proposed ordinances are on
file for public examination in the office of the
City Clerk, Civic Center, Iowa City, Iowa.
Persons wishing to make their views known
for Council consideration are encouraged to
appear at the above-mentioned time and place.
MARlAN K. KARR, CITY CLERK
ppdadnVnph-0616.doc
City of Iowa City
MEMORANDUM
Date: July 1, 1998
To: City Council
From: John Yapp, Associate Planner'/f
Re: VAC98-0003, Second Avenue Court Vacation
At the June 16 Council meeting, a question was raised as to whether requiring the
proposed Walgreen's development to produce no more than 1.0 foot-candles of light along
the north and west property lines is a low enough standard to mitigate the impact of light
on adjacent residential properties. Requiring the lights to be no more than 1.0 foot-candles
at the property lines is identical to the requirement for the First Avenue Hy-Vee, which has
been brought into compliance since it opened last fall. The applicant has submitted a letter
requesting that the City does not require the light at the north and west property lines to
be lower than 1.0 foot-candles, due to the impact of other lights in the area.
The attached diagram shows the foot-candle readings around the perimeter of the block
the proposed Walgreen's would be located on, at First Avenue and Muscatine Avenue. At
most locations, the existing light levels are well below 1.0 foot-candle. The 0.5 foot-
candle reading at the southwest corner of the block appears to be partially due to a series
of wall-mounted lights on the Knitting Shop business across the street. When staff takes
foot-candle readings, it is possible to discern where much of the light is coming from by
tilting the light meter and watching how the readings change.
The lights in the Hy-Vee parking lot on the east side of First Avenue, which have had light-
shields added to them, cause 0.8 foot-candles at the Hy-Vee property line. This level of
light, very little of which shines directly on adjacent properties, is adequate for a sense of
security and safety on the site, as visibility for pedestrians and drivers is not impaired. The
Hy-Vee lights, in combination with streetlights and other ambient light, contribute to 0.2-
0.3 foot-candles across the street from the Hy-Vee property. Residents in the
neighborhood are still able to see the Hy-Vee and it's parking lot lights from a distance, but
very little direct light, which is measured by the light meter, falls on other properties.
Staff believes that requiring between 0.8 and 1.0 foot-candles at the north and west
property lines would achieve the balance of enough light for on-site security and safety,
while limiting the off-site impact of the light.
FOOT CANDLE MEASUREMENTS AT
PROPERTY LINE OF THE BLOCK NORTHWEST OF
FIRST AVENUE AND MUSCATINE AVENUE
F STREET
.1 0 .2
c~0 .3 x .8
~ rn
I-n z
c; rn G'~
rn
· 5 0 .3
-8
MUSCATINE AVENUE
TO:
FROM:
RE:
DATE:
TId PLACt:
CommercEal Real Estate
MEMORANDUM
Mayor Ernie Lehman
David Darr / Doug Brox~'
Vacating of Second Avenue Court
June 19, 1998
We would like to request that the Council combine the 2nd and 3rd readings/hearings in
order that vacating the Second Avenue Court can be complete on July 28, 1998.
Timing of the July 28th date is important and I trust this response is reasonable.
Confirmation of this request would be appreciated as soon as possible. Let me know
your thoughts on this matter.
Thank you again for your assistance.
CC:
Karin Franklin - Director of Planning & Community Development
John Yapp - Assistant Planner
-?sly wooct Clime, Suite ZoI San Antonio, Tecas 78250 (ZlO) ~ZJ-OIS1 DAX (ZIO) 5d[,-0~71
THP__: PLACP_:
Commercial Real P_state
TO:
FROM:
RE:
DATE:
Mayor Emie Lehman
David
Vacating Second Avenue Court - 1st / Muscatine
June 19, 1998
Thank you for your time during the council meeting on June 16m. Following the meeting, we
reviewed the continuance to be held on July 7m and how this impacts our schedule.
We agree that it should not impact the vacating of the alley on July 28m. However, we need to
make decisions which are predicated on the likelihood of our success of approval.
For example, we have timed our dosing to coincide with the expiration of Tenant leases, which in
all cases occurs no later than July 3 1st. The Landlords need to issue notice prior to June 30m to
honor a 30-day notice period that the leases will not be renewed beyond July 3
We will issue a letter by June 22''a to the Landlords so they can notify their Tenants that the leases
will not be renewed. This is somewhat risky based on what we have approved today and I am
being asked very pointed questions as to the likelihood of this closing. These Landlords will not
be successful in holding on to these Tenants for a short term lease and I cannot have leases that
extend beyond July 31st.
Additionally, I have a schedule conflict on July 7m and my parmer Doug Brown is trying to work
through a scheduling problem in order to make the meeting. It is probable that Doug or a
representative from MMS will attend.
These meetings are extremely important to all parties, which is why we have made the effort to
attend and specifically address on this site plan, the concems over issues of the neighborhood,
Planning and Council.
To date, we have met and in most cases exceeded the conditions required of this site plan. The
only item I am aware of that was discussed during the June 16th meeting was, whether the 1'
candle on the west and north property borders could be reduced further.
After review of this issue we have the following response:
Our request is that you do not require this site to further reduce the 1' candle on the north and
west propetty border. We have submitted a plan, which is below 1' candle in the area
required. However, this plan does not account for existing lighting (i.e. street lights, other
commercial/residential lighting) surrounding this site. This could impact the readings at our
property line.
Xql? Wooct CliMe, Suite zol San Antonio, Texas 78250 (ZlO) ~25-O151 PAX (ZIO) 566-0,571
Letter to City Council - Iowa City
June 19, 1998
Page 2
We can engineer our site, but we cannot engineer our lighting to account for peripheral
conditions. No exterior conditions to the property line have been taken into account m our
current photometric design.
Hopefully, our actions speak to our intent to cooperate with your requests and we trust you
understand our concem.
Please call if you have any questions or comments regarding this letter and we appreciate your
cooperation concerning this matter.
Cc2
Karm Franklin - Director of Planning & Community Development
John Yapp -Associate Planner
Doug Brown - Doug Brown Construction
Chris Stephan - MMS Consultants
Phil Left- Left, Haupert, Traw
NOTICE OF PUBLIC HEARING ON
PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATED COST
FOR COLLECTOR WELLS - LOWER
TERMINUS PROJECT IN THE CITY OF
IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City
Council of the City of Iowa City, Iowa, will conduct
a public hearing on plans, specifications, form of
contract and estimated cost for the construction
of the Collector Wells - Lower Terminus Project
in said City at 7:00 p.m. on the 7th day of July,
1998, said meeting to be held in the Council
Chambers in the Civic Center in said City.
Said plans, specifications, form of contract and
estimated cost are now on file in the office of the
City Clerk in the Civic Center in Iowa City, Iowa,
and may be inspected by any interested persons.
Any interested persons may appear at said
meeting of the City Council for the purpose of
making objections to and comments concerning
said plans, specifications, contract or the cost of
making said improvement.
This notice is given by order of the City Council
of the City of Iowa City, Iowa and as provided by
law.
MARlAN K. KARR, CITY CLERK
pweng\cllctnph .doc