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Home My WebLink About2002-03-19 Ordinance SPECIAL EXCEPTION Prepared by: Kamn Howard, Associate Planner, City of Iowa City. 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. 02-4010 AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE E, ENTITLED "COMMERCIAL AND BUSINESS ZONES," TO PERMIT GROCERY STORES AS A SPECIAL EXCEPTION IN THE C1-1, INTENSIVE COMMERCIAL ZONE. WHEREAS, grocery stores have not previously been permitted in the C1-1, Intensive Commemial Zone; and WHEREAS, small grocery stores in certain locations and under certain conditions would not be detrimental to the operation of the intensive commemial and quasi-industrial uses primarily intended for the C1-1 Zone; and WHEREAS, the special exception process will allow the Board of Adjustment to carefully consider the locations and conditions under which small grocery stores will be permitted to ensure compatibility between a specifically proposed use and the intensive commercial and quasi-industrial uses primarily intended for and existing within the C1-1 Zone; and WHEREAS, grocery store uses attract automobile, bicycle and pedestrian traffic and adequate facilities must be provided to provide for the safety of those traveling by these various modes to and from the grocery store property; and WHEREAS, grocery stores generate large amounts of retail traffic that may conflict with industrial traffic generated by the intensive commercial and quasi-industrial uses permitted in the C1-1 Zone; and WHEREAS, large grocery stores will likely generate a large amount of retail traffic that is incompatible with the operation of the intensive commercial and quasi-industrial uses primarily intended for and existing within the C1-1 Zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT: Chapter 6, entitled "Zoning," Article E, entitled "Commercial and Business Zones," Section 4, entitled Ordinance No. 02-4010 Page 2 "Intensive Commercial Zone (C1-1)," Subsection D, entitled "Special Exceptions," is hereby attended to include the following additional subparagraph, with all succeeding subparagraphs renumbered as appropriate: 4. Grocery stores, provided the total floor area of a grocery store does not exceed thirty thousand (30,000) square feet. 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 All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed.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 Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 19th day of Ordinance No. 02-4010 Page .. 3 It was moved by Wi 1 burn and seconded by 0' Donne11 that the Ordinance as read be adopted, and upon roll call thero were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum First Consideration 2/27/02 Voteforpassage: AYES: Kanner, Lehman, Pfab, Vanderhoef, Wilburn. NAYS: Champion, O'Donnell. ABSENT: None. Second Consideration ...................... Vote for passage: Date published 3/27/02 Moved by Wilburn, seconded by Vanderhoef, that the rule requirin9 ordinances to be voted on for passage at two Council meetings 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 upon for final passage at this time. AYES: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. NAYS: Kanner. NAYS: None. Prepared by: Shelley McCaffe~ty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ01-00010) 0RDINANCE NO. 02-4011 AN ORDINANCE TO REZONE APPROXIMATELY .63 ACRES LOCATED AT 707 DUBUQUE STREET FROM HIGH DENSITY MULTIFAMILY, RM-44, TO HIGH DENSITY MULTIFAMILY/SENSlTIVE AREA OVERLAY, RM-44/OSA. WHEREAS, the applicant, Larry Svoboda, has requested a zone change from High Density Multifamily, RM-44, to High Density Multifamily/Sensitive Area Overlay, RM-44/OSA, and approval of a Sensitive Areas Development Plan for a 1 O-unit apartment building located at 707 Dubuque Street; and WHEREAS, the proposed development will be located on a site with steep, critical and protected slopes; and WHEREAS, it has been determined by Terracon Consultants Inc. that said slopes are humanly altered, and therefore may be developed; and WHEREAS, the applicant has agreed to demonstrate that the design of the proposed development will not undermine the stability of the slope and is consistent with the intent of the Sensitive Areas Ordinance; and WHEREAS, the applicant has requested a reduction of the south side yard from 7' to 5' in order to minimize the encroachment of the development on critical and protected slopes, and existing trees and shrubs located near the north property line; and WHEREAS, at its January 3, 2002 meeting, the Planning and Zoning Commission recommended approval of the proposed rezoning and Sensitive Area Development Plan, subject to the City Engineer approving detailed plans; 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 High Density Multifamily, RM--44, to High Density Multifamily/Sensitive Area Overlay, RM-44/OSA. The north 100 feet of the south 170 feet of Outlot 33 in Iowa City. According to the plat thereof recorded in Book 1, Page 116, plat records of Johnson County, Iowa, subject to easement to the State of Iowa to construct and maintain a retaining wall along the river front on the westerly side of said premises, and subject to easements and restriction of record. 2. The Sensitive Area Development Plan for the property described above, is hereby approved. SECTION II. VARIATIONS. The regulations of the Sensitive Areas Ordinance permit flexibility in the development of structures and land where such variation from the conventional requirements of the underlying zone will not be contrary to the purpose and intent of the Zoning Ordinance, not be inconsistent with the Comprehensive Plan, nor be harmful to the neighborhood in which located. A reduction of the south side yard requirement from seven (7) feet to five (5) feet is consistent with these standards and is hereby approved as part of the Sensitive Areas Development Plan, SECTION III 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 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. 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. 'I~AYOR CITY I~-L E R K Ordinance No. 02-4011 Page 3 It was moved by Vanderhoef and seconded by t~f,~b that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × , O'Donnell X Pfab X Vanderhoef X Wilbum First Consideration 2/19/02 Voteforpassage: AYES: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanden'hoer, W~lbu~'n. NAYS: None. ABSENT: None. Second Consideration 2/27/02 Vote f or passage:AYES: Champion, Kanne~', Lehman, O'Donnell, Pfab, Vanderhoef, W'ilbu~'n. NAYS: NOne. ABSENT: None. Date published 3/27/02 Prepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (VAC01-00004) ORDINANCE NO. ORDINANCE VACATING THE NORTHERN 182 FEET OF THE 20-FOOT WIDE ALLEY RIGHT-OF- WAY LOCATED SOUTH OF BURLINGTON STREET AND WEST OF DUBUQUE STREET WHEREAS, The City of Iowa City has initiated the vacation of the northern 182 feet of the 20-foot wide alley in Block 102 of Iowa City, south of Burlington Street and west of Dubuque Street; and WHEREAS, Vacating this alley right-of-way will allow for a structure to be connected to the City's planned Near Southside Transportation Center on the east half of Block 102; and WHEREAS, Facilitating the ability of a private development and structure to be connected to the Near Southside Transportation Center may increase the potential of private development on the west half of Block 102, which is in the City's interest; and WHEREAS, Vacating the northern 182 feet of the alley in Block 102 will also close an access to Burlington Street, a 4-lane state highway, and reducing the number of access points onto arterial streets when opportunities arise is in the interests of the public; and WHEREAS, The northern 182 feet of the alley in Block 102 should be vacated only if an acceptable 20- foot wide access is dedicated to the City to Clinton Street from the southern portion of the alley; and WHEREAS, Necessary utility easements will be obtained. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~ The City of Iowa City hereby vacates the right-of-way legally described as follows: The northerly 182 feet of the 20-foot wide public alley in Block 102, Iowa City, Iowa, containing 3680 square feet. ~. 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. 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: CITY CLERK Approved by_ L,i y orney s Office ppdadm/ord/Block 102 alley vacation doc Ordinance No. Page It was moved by and seconded by that the Ordinance as mad be adopted, and upon mil call them were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 2/5/02 Voteforpassage: AYES:Lehman, O'Donne]], Pfab, VAnde~'hoef, t~'lbu~'n, Champion, Kanne~'. NAYS: None. ABSENT: None. Second Consideration ;'/19/02 Voteforpassage: AYES: Lehman, O'Donne]], Pfab, Vanderhoef, W~]burn,Champ'ion, Kanne~'. NAYS: None. ABSENT: None. Date published