Loading...
HomeMy WebLinkAbout4636-08/11/2003 INDEX BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 20 0 4 22467 PROOF FILED FOR RECORD JAN 22 2004 ,AT 10:00 A.M. FEE 1-30.00/ - 5.00/ COMPARED C — �d�131442 BLACK HAWK COUNTY RECORDER CITY OF WATERLOO ATTN NANCY ECKERT This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4636 AN ORDINANCE AMENDING WATERLOO ZONING ORDINANCE NO. 2479, AS AMENDED, BY ADDING PART XIII , "B-P" BUSINESS PARK DISTRICT, INCLUDING SECTION 2A-29D, GENERAL REGULATIONS, AND SECTION 2A-29E, BULK REGULATIONS . BE IT ORDAINED BY THE City Council of the City of Waterloo, Iowa : That Part XIII , "B-P" Business Park District, including Section 2A-29D, General Regulations, and Section 2A-29E, Bulk Regulations, is hereby added to Waterloo Zoning Ordinance No. 2479, as amended, as follows : PART XIII "B-P"BUSINESS PARK DISTRICT 2A-29D GENERAL REGULATIONS A. Intent. The "B-P" Business Park District is intended and designed to provide a means for the commercial and compatible light industrial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method. It is the intent of this section that the basic principles of good land use planning be maintained and that sound zoning standards as set forth in this ordinance concerning orderly growth and development, traffic patterns, and compatible design and use be preserved. The Business Park designation shall work to allow an aesthetically pleasing professional office, commercial, and compatible industrial park setting. The area designated for Business Park locations on the Future Land Use Map, contained within the Comprehensive Plan, direct such developments along major entryways into the community to allow for proper design of traffic movements, as well as promote such land for development. The compatibly designed heavy commercial and light industrial uses allowed in the C-2, C-3 or M-1 Districts may be specifically and selectively authorized by the City Council upon recommendation of the Zoning Commission, except that no such uses will be allowed which appear detrimental to the intent of this district. Uses will be compatibly designed to blend in with the built or planned environment and shall incorporate the following elements into their design: building facade, landscaping, signage, screening, and site orientation and layout. Special attention will be paid to outside storage and whether it is limited, screened, or nonexistent. This shall not be deemed all inclusive and specific uses may require other elements for consideration. Furthermore, the failure to produce an aesthetically compatible site design and layout may result in a specific lot location within the park for such a use, to screen the site appearance from the traveled way, or denial in the use. B. Uses Permitted. 1. Any uses permitted in the R-4 District, excluding residential uses. 2. Any use permitted in the C-1 District, except residential. Ordinance No. 4636 Page 2 3. Any use permitted in the C-2, C-3 or M-1 Districts that is compatibly designed, but not including residential development and deemed an appropriate industrial use to the surrounding development. This includes hotel/motel commercial buildings but not residential including, but not limited to, single or multi-family, apartments, etc. Compatibly designed commercial and industrial uses shall include, but not be limited to, screening and buffering from residential uses, shall be oriented for and designed for efficient traffic flow to major thoroughfares, shall have limited outside storage of materials, and lighting, signage, and shall have building designs that compliment surrounding development. Each site would be evaluated on an individual basis for these criteria of compatibility. If staff feels that such an industrial use is compatibly designed, it shall approve the request through staff administrative review. If staff feels that such a change does not meet these criteria, the request would need to go back to the Planning Commission and City Council for a formal site plan review process. The Planning Commission and City Council shall review the request as described in the Intent of this section. C. Procedure. Whenever any application for a "B-P" Business Park District as an amendment to the Zoning Ordinance is submitted for a particular development, the following procedure shall be utilized to facilitate said amendment: 1. The owner or owners of any tract of land comprising an area of not less than two (2) acres may submit a petition requesting to change to the "B-P" Business Park Zoning District classification. 2. Three (3) copies of the proposed development plan, with planned uses, shall be submitted and referred to the Planning, Programming and Zoning Commission for review and report. The Commission shall then review the proposed development for conformity with the standards of the Comprehensive Plan and with recognized principles of civic design, land use planning and landscape architecture. 3. The Commission may require, in the absence of an appropriate physical barrier along the project boundary, that uses not be in conflict with those allowed in adjoining property or a buffer of open space and/or screening be arranged along the borders of the project. 4. After notice and a public hearing, the Commission may recommend approval or disapproval of the development plan and zoning petition as submitted or require that the petitioner amend the plan to preserve the intent and purpose of this ordinance to promote public health, safety and general welfare. 5. The development plan and zoning petition as recommended by the Commission shall then be reported to the City Council, whereupon the City Council, after notice and a public hearing, may approve or disapprove said plan as reported or may require such changes thereto as it deems necessary to achieve the intent and purpose of this ordinance. 6. Required Documents -Site Development Plan a. A site analysis showing a review of topography, patterns, existing vegetation, sanitary sewer and water service, and major street connections. b. A scaled drawing showing the location of: 1. Overall site layout with areas designated for differing uses. • Ordinance No . 4636 Pagz 3 2. Preliminary street layout with pedestrian amenities and overall conceptual drainage plan. This should include connections to abutting streets to proposed development site as well as proposed internal streets. A plan for pedestrian movements, trails and/or sidewalk systems, should be either required or non-required in their entirety to ensure no gaps are created through individual site development. 3. Required peripheral yards. 4. Proposed development stages and timing, if deemed necessary by staff. 5. Traffic analysis, if determined necessary by City Traffic Engineer 6. Name of property owner or owners, legal description of the property, point of compass, scale and date. c. The original site plan detailing proposed development shall be reviewed by the Planning Commission for review and recommendation to the City Council, where a public hearing would be required. The City Council reserves the right to add conditions as deemed necessary to preserve the intent of this district. 7. Site Plan Amendme nts a. Major Any change in the site plan deemed to be substantial after the Council has approved the plan shall be resubmitted and considered in the same manner as the original site plan. The site plan shall be prepared in accordance with Part C (Procedure) of this Section. Examples of major changes include, but are not limited to the following: changes in classification of land as assigned on the approved site development plan, the exterior street connections, or major traffic changes. Permitted uses may go through the minor approval process as long as they are similar to the type of use originally proposed for the development plan, and are compatibly designed in relation to surrounding uses. If staff feels such a site is not compatibly designed, it shall refer the site plan to City Council. If City Council determines the magnitude of such a change is significant in nature, a public hearing may be required, which would go back to the Planning Commission for review and recommendation. Similarity shall be defined as a permitted use in the same zoning classification as originally listed in the Zoning Ordinance (R-4, C-1, C-2, etc.). b. Minor A site plan shall be prepared in accordance with Part C (Procedure) of this section for any alteration to a site plan located in a "B-P" Business Park District. Minor site plan amendments shall be administratively reviewed by the Planning and Zoning Staff. If staff feels that such a change is significant in nature, it may submit the proposal to the City Council for its review and approval. If the City Council determines that the magnitude of such a change is significant in nature, a public hearing may be required. Examples of minor changes include, but are not limited to the following: The location, construction, replacement or change in type of signage; change in use of a site to another use classified in the same zoning district; or change in individual site access. Multiple pole signs on a single site will be considered as a major change, as described under D7 of this section. Ordinance No. 4636 Page 4 D. Standards. 1. All dedicated streets, sanitary sewers and storm sewers shall be subject to the approval of the City Engineer. Storm water detention facilities should be aesthetically designed, if possible, to blend into site and avoid uses such as rip rap, fencing, etc. that may detract from the intent of the district. 2. No building permit for any building or other structure within the development shall be issued until the final development plan, or amendment thereto, is approved by the City Council. 3. The parking requirements of the Zoning Ordinance shall apply to all developments, except the City Council may, after recommendation from the Planning Commission, alter those requirements to preserve the intent and purpose of this Ordinance. 4. The landscaping requirements of the district shall be considered under Alternative Compliance to create a common plan/theme for the entire district. 5. The minimum yard requirements of the zoning district in which the development is located shall not apply except that the required yard, around the perimeter, shall be compatible and/or similar to adjacent properties around the boundary of the development. However, the Commission and City Council may require additional setbacks or other requirements if needed. 6. The maximum building height within the development boundaries shall not exceed the maximum height regulations of the zoning district in which it is listed as a permitted use. Exception to this requirement may be allowed for development projects/ sites that are at least one hundred (100) feet from the development boundaries. Such a request to alter these requirements would be reviewed by the City Council after recommendation from the Planning, Programming and Zoning Commission. 7. The signs shall be in accordance with the sign regulations for the C-2 District. A common type or design of signage should be noted on the overall plan, although individual sign permits will still be evaluated for size and location. Additional pole signs or monuments signs, beyond the first, shall be required to go through a major change. E. Deed Restrictions The Planning, Programming and Zoning Commission and/or City Council may consider any deed restrictions or covenants entered into or contracted by the developer concerning the use of common land or permanent open spaces. Common land as herein contained shall refer to land retained in private ownership but intended for the mutual use of businesses of the development. Examples of this include, but are not limited to, shared parking areas, shared storm water retention designs, etc. F. Commencement and Completion. The Council may condition the approval of the site plan upon the developer commencing construction on the first phase of the development plan within two (2) years and contingent upon completion of construction and improvements within a reasonable period of time after Council approval. In determining such time period, the Council shall consider the scope and magnitude of the development. Failure to meet these requirements shall be deemed sufficient cause for the Council, in accordance with the provisions of this ordinance to rezone the subject property to the zoning classification effective at the time of the original submittal of the petition unless an extension is approved by the Council for due cause shown after recommendation by the Planning, Programming and Zoning Commission. Ordinance No. 4636 Page 5 G. Land Usage The land usage, minimum lot area, yard height, and accessory uses shall be determined by the requirements set out in this Section, which shall prevail over conflicting requirements of this ordinance or the subdivision ordinance. H. Platting Required If a final plat, as defined and required by the Subdivision Ordinance, has been approved and recorded, the site development plan does not need to be recorded unless contradictory to the recorded final plat. If a final plat has not been approved and recorded on any part or portion of the development, the platting procedure must be followed in accordance with the City of Waterloo Subdivision Ordinance No. 2979 on all portions or parts not platted. The site development plan can be resubmitted as a preliminary plat if it meets the preliminary plat requirements. This does not prohibit the platting and development of land within an approved area of the approved district in a phased manner. 2A-29E. BULK REGULATIONS. The following minimum requirements shall be observed subject to the modified requirements contained in Section 2A-48: "B-P" BUSINESS PARK DISTRICT USE LOT AREA LOT FRONT LEAST WIDTH ON REAR YARD MAXIMUM WIDTH YARD ANY ONE SIDE DEPTHS LOT DEPTHS COVERAGE Professional No minimum No 25'(1) 5'except where outside 25'(3) No maximum, Office Uses Minimum storage would be a subject to staff Commercial possibility,in which a 25' approval when /Service setback(2) utilizing zero Uses lot line or Light lesser setback Industrial advantages of Uses Planed District. (1)The front yard depth may be modified to meet the front yard depth of existing structures abutting the property. Said front yard depth shall be measured from the property line of said lot. (2)The Business Park District,similar to a Planned Residence District,may incorporate zero lot line development where a Transfer of Development Rights is agreed upon by abutting property development,or where buildings would be connected to consider separate parcels as one development site. (3)For every additional foot the front yard depth is increased over the minimum setback,the rear yard depth may be decreased in direct proportion thereto,but in the rear yard depth shall not be less than eight(8)feet,unless abutting a railroad spur in which case the setback may be reduced to a zero lot line setback. INTRODUCED: August 11, 2003 PASSED 1st CONSIDERATION: August 11, 2003 PASSED 2nd CONSIDERATION: August 11, 2003 PASSED 3rd CONSIDERATION: August 11, 2003 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 11th day of August, 2003 , and approved by the Mayor on the 13th day of August, 2003 . Joh R. /'oof f, Mayor/, ATTEST: Nancy Eck rt, City Clerk Ordinance No. 4636 Paye 6 CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4636 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 11th day of August, 2003 . Witness my hand and seal of office this 13th day of August , 2003 . fCkt.b SEAL � Nancy Eck , City Clerk