HomeMy WebLinkAbout2000-11-21 Ordinance Dial
Land Development
Merlin Lawrence, Vice President
11506 Nicholas Street, Suite 200
Omaha, Nebraska 68154-4401
PHONE (402)-493-2800
FAX (402)-493-8069
caty counc. CITY MANAGER'S OFFICE
C/O Mr. Bob Miklo
City of Iowa City
410 Washington Street
Iowa City, IA 52240-1826
Dear City Council:
On October 17th, 2000, the Iowa City Council held a hearing on our application to
rezone the property in the OPDH-12 zone (Planned Development Housing Overlay) for
an Assisted Living Alzheimer's facility (approximately 2.87 acres) located on the SE
corner of Scott Blvd. and American Legion Road. No opposition was stated at this first
hearing and, as we are not requesting additional units or changing lots, we would like to
request the consolidation of the 2"d and 3rd hearings on resolution so that we may move
forward.
Your consideration is greatly appreciated.
ML/tf
Prepared by: Robed Miklo, Sr. Planner, 410 E, Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO. 00-3951
AN ORDI'NANCE AMENDING THE ZONING ORDINANCE BY AMENDING THE
PLANNED DEVELOPMENT HOUSING (OPDH-12) PRELIMINARY PLAN FOR
SILVERCREST LOCATED ON 2.87 ACRES OF LAND AT THE SOUTHEAST
CORNER OF SCOTT BOULEVARD AND AMERICAN LEGION ROAD.
WHEREAS, the City of Iowa City City Council has approved a Planned Development Overlay
(OPDH-12) preliminary plan for Silvercrest, a retirement community including a 68-unit assisted
living apadment building, a 120-unit independent living apartment building, a 40-unit medical
rehabilitation center and a medical office building; and
WHEREAS, the applicant, Silvercrest-Iowa City, L.P., has requested the City amend the
preliminary OPDH plan to replace the rehabilitation center with a 40-unit assisted living building;
and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed amendments
to the OPDH plan and has recommended approval of the same.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. The amended preliminary OPDH plan for the property described
below is hereby approved:
Lot 4; Silvercrest Residential Community.
SECTION II. VARIATIONS. To encourage the development of the proposed retirement
community and to allow clustered development, the Planning and Zoning Commission
recommended approval of Multi-Family Assisted Living building in accordance with the amended
OPDH plan.
SECTION III. ZONING MAP. Upon final passage, approval and publication of this Ordinance
as provided by law, the Building Inspector is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this zoning amendment.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions 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 unconsti-
tutional. ~
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
CITY ~]L~K
Appreve~by // /
p adm/ord/silvercresl.doc
Ordinance No. 00-3951
Page 2
It was moved by Wi 1 burn and seconded by Vanderhoef that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
'.' X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 11/7/00
Vote for passa~: AYES: 0'Donnel'l, Pfab, Vanderhoef, Wi]burn, Champion, Kanner,
Lehman. NA N ABSENT: None.
: one.
SecF6nd Consideration
Vote for passage:
Date published 11/29/00
Moved by Wilburn, seconded by Vanderhoef, that the rule requiring
ordinances to be considered and voted on for passage at two Council
meegings prior to the meeting at which it is to be finally passed be
suspended, the second consideration and vote be waived and the
ordinance be voted upn for final passage at this time..'AYES: Pfab,
Vanderhoef, Wilburn, Champion, Lehman, O'Donnell. NAYS: Kanner.
ABSENT: None.
Prepared by: John Yapp, Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO. 00-3952
ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING DESIGNATION FROM
LOW-DENSITY MULTI-FAMILY RESIDENTIAL (RM-12) AND NEIGHBORHOOD CONSERVATION
RESIDENTIAL (RNC-20) TO MEDIUM-DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8) AND
NEIGHBORHOOD CONSERVATION RESIDENTIAL (RNC-12) FOR FOUR PROPERTIES ON THE
SOUTH SIDE OF THE 900 BLOCK OF IOWA AVENUE, 17 PROPERTIES ON THE 900 AND 100
BLOCKS OF WASHINGTON STREET, 10 PROPERTIES ON THE 100 AND 200 BLOCKS OF SOUTH
SUMMIT STREET, FOUR PROPERTIES ON THE EAST SIDE OF THE 10 AND 100 BLOCKS OF
GOVERNOR STREET, THREE PROPERTIES ON THE WEST SIDE OF THE 1000 BLOCK OF
MUSCATINE AVENUE, AND FIVE PROPERTIES ON THE 900 AND 1000 BLOCKS OF COLLEGE
STREET.
WHEREAS, the portion of the subject area north of Washington Street is currently zoned RM-12, Low-
Density Multi-Family Residential. The remainder of the subject area is currently zoned RNC-20,
Neighborhood Conservation Residential; and
WHEREAS, both the RM-12 and RNC-12 zones allow for the construction of multi-family structures; and
WHEREAS, most of the structures in the subject area were originally constructed as single-family
homes; and
WHEREAS, 73% of the properties in the subject area currently contain single-family (54%) or two-family
(19%) uses; and
WHEREAS, the Comprehensive Plan states the City should adopt policies to protect the integrity of
existing neighborhoods, and that one of the issues the City should address is the encroachment of multi-
family structures into formerly single-family neighborhoods; and
WHEREAS, the Historic Preservation Plan, a component of the Comprehensive Plan, recommends
reexamining the zoning designation of older neighborhoods to help preserve older single-family homes; and
WHEREAS, rezoning the 11 properties north of Washington Street and west of Muscatine Avenue,
legally defined as lots 2 through 10 of Boulevard Terrace Addition, to RS-8 will help preserve the single-family
character of these properties while creating only one non-conforming property; and
WHEREAS, rezoning the remainder of the rezoning area to RNC-12 will stabilize the area by limiting the
establishment of new multi-family uses and by reducing the consequent potential for demolition of existing
residential structures in the area; the RNC-12 will not create additional non-conforming uses as all existing
multi-family uses will be considered legal, conforming uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. ,APPROVAL. The properties described below are hereby reclassified from their current
designation of R'M-12, Low-Density Multi-Family Residential, to RS-8, Medium-Density Single-Family
Residential:
An area encompassed by lots 2 through 10 of Boulevard Terrace Addition, including the 20-foot
wide public right-of-way located along the south line of lot 3, Boulevard Terrace Addition.
The properties encompassed by the following are hereby reclassified from their current designation of
RM-12, Low Density Multi-Family Residential, to RNC-I 2, Neighborhood Conservation Residential:
Beginning at the NW corner of lot 2, Boulevard Terrace Addition, thence west 235.5 feet to the
point of beginning, thence south 320 feet, thence 160 feet, thence north 320 feet, thence east 160
feet to the point of beginning.
The properties described below are hereby reclassified from their current designation of RNC-20,
Neighborhood Conservation Residential, to RNC-12, Neighborhood Conservation Residential:
Lots 3 through 6, Fry's Addition, and lot 1, J and J.W. Addition. and lots 8 through 9, Clark
Addition, and properties bound as follows: Beginning at the NE corner of Outlot 2, Original Town
Plat, thence south 320 feet to the SE corner of Outlot 2, Original Town Plat, thence west 91 feet,
thence north 90 feet, thence west 59 feet, thence north 70 feet, thence east 80 feet, thence north
160 feet, thence east approximately 70 feet to the point of beginning; beginning at the NE corner
Ordinance No. 00-3952
Page 2
of Outlot 3, Original Town Plat, thence south 320 feet to the SE corner of Outlot 3, Original Town
Plat, thence west 126 feet, thence north 120 feet, thence east 11.5 feet, thence north 130 feet,
thence west 110 feet, thence south 55 feet, thence west 160 feet, thence north 125 feet, thence
east approximately 387 feet to the point of beginning.
SECTION II. REPEALER. All ordinances and parts of ordinances in 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. 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 V. EFFECTIVE DAT . This Ordinance shall be in effect after its final passage, approval and
~/~sro~c~~nv~mher ,2000
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pl:x:ladm/ord/RSS&RNC12-iaave.doc
Ordinance No. 00-3952
Page 3
It was moved by Vanderhoef and seconded by 0 ' Donne] 1 that the Ordinance
as mad be adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
x Wilbum
First Consideration 10/17/00
Voteforpassage: AYES: Vanderhoef, Wi'lburn, Champion, Kanner, Lehman, O'Donne]],
Pfab. NAYS: NOne. ABSENT: None.
Se<~6nd Consideration 11/7/00
Voteforpassage: AYES: Pfab, Vanderhoef, 141]burn, Champion, Kanner,
Lehman, O'Donne]l. NAYS: None. ABSENT: None.
Date published 11/29/00
Prepared by: John Yapp, Planning, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING,"
ARTICLE D, ENTITLED "RESIDENTIAL ZONES," SECTION 5, ENTITLED "NEIGHBORHOOD
CONSERVATION RESIDENTIAL ZONE, RNC-12," TO MAKE IT CLEAR ANY EXISTING
CONFORMING MULTI-FAMILY USE WOULD CONTINUE TO BE CONFORMING UNDER THE
RNC-12 ZONE.
WHEREAS, the intent of the Neighborhood Conservation Residential, RNC-12 zone, is to
stabilize certain existing residential neighborhoods by preserving the predominantly single-family
residential character of these neighborhoods and preventing multi-family uses in these
neighborhoods from becoming non-conforming; and
WHEREAS, the non-conforming use provisions section states that any uses or buildings
which were conforming to the requirements of the RM-12, Low-Density Multi-Family Residential
zone, at the time the property is rezoned to Neighborhood Conservation Residential, RNC-12,
shall be considered conforming under this chapter; and
WHEREAS, the specific reference to the RM-12 zone in the Special Provisions section of the
RNC-12 zone was likely due to the fact that at the time the RNC-12 zone was created, only
RM-12 zone areas were being proposed to be rezoned to RNC-12; and
WHEREAS, amending the special provisions section to make it clear that all existing
conforming multi-family buildings would continue to be conforming if they are rezoned to RNC-12
will be consistent with the intent section of the RNC-12 zone.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. Chapter 6, entitled "Zoning," Article D, entitled "Residential Zones,"
Section 5, entitled "Neighborhood Conservation Residential Zone, RNC-12" be amended as
follows:
14-6D-5G: Any uses or buildings which were conforming under the previous zoning
designation at the time the property is rezoned to Neighborhood Conservation Residential (RNC-
12), shall be considered conforming under this chapter. Any building containing a conforming use
may be torn down and rebuilt, provided it does not exceed its present density or the density of this
zone, whichever is greater, and it conforms with all other provisions of this chapter.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions 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 unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and pdblication, as provided by law.
~~~y~~ed an approve ,-t~ 21stday of November ,20 00
CITY CL~K
ppdadm/ord/conform-mf doc
Ordinance No. 00-3953
Page 2
It was moved by Vanderhoef and seconded by Wi ] burn that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 10/17/00
Voteforpassage:AYES: O'Donnell, Vanderhoef, Wilburn, Champion, Kanner,
Lehman, Pfab. NAYS: None, ABSENT: None.
Se65nd Consideration 11/7/00
Vote for passage: AYES : Vanderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell,
Pfab, NAYS: None. ABSENT: None.
Date published 11/29/00