Davenport City Zoning Code
CHAPTER 17
17 RESERVATION OF PREVIOUSLY APPROVED CONDITIONS AND PLANS
17.17.010 Reservation of previously approved conditions.
The adopted ordinance conditions being reserved are listed below. Some conditions were altered due to outdated language, which did not materially change the condition. The legal description of the property is contained within the listed ordinance.
A.
Ordinance 99-569.
1.
Condition 1. That the petitioner dedicate 15 feet of right-of-way the length of its Kimberly Road frontage and construct right turn deceleration lanes for all driveways at its sole expense as per City specifications and shall be constructed prior to issuance of occupancy permits. All Kimberly Road driveways shall also meet Iowa Department of Transportation Standards.
2.
Condition 2. That the site will be limited to a single driveway on Sturdevant Street (the northernmost). The City of Davenport shall approve the design of said driveway which will be limited to a right turn only turning movements for customers leaving the store, said turn lanes shall be constructed prior to the issuance of any occupancy permits.
3.
Condition 4. That the petitioner dedicate 10 feet of right-of-way the length of its Division Street frontage.
B.
Ordinance 2002-177.
[Added 6-9-2021 by Ord. No. 2021-218]
1.
Condition 1. That the uses be limited to apartments (with a maximum density of 192 units) and 8 condominiums in 4 buildings buffering the adjacent single family homes. All structures shall be limited to 2 1/2 stories in height.
2.
Condition 9. That parking lot lighting be limited to downcast luminaries.
3.
Condition 14. That the developer shall construct the eight condominium units in four two-family structures on the eastern end of the of the subject property.
C.
Ordinance 2002-227.
1.
Condition 1. That the uses be limited to condominiums (with a maximum density of 44 units) in four buildings. The building on Eastern Avenue shall be limited to eights units in a two-story building. The other three structures shall be limited to 12 units in each and a maximum height of three stories. All structures shall have underground parking.
D.
Ordinance 2005-608 and 2013-349.
1.
Condition 4. That a fifty-foot buffer zone be provided between the 100-year floodplain limits and principal structures.
2.
Condition 12. That no individual lot shall access to Eastern Avenue.
3.
Condition 14. That no individual lot shall access East 53rd Street. The exception is the driveway connection to East 53rd Street authorized by adopted Ordinance 2013-349.
E.
Ordinance 2006-158.
1.
Condition 4. That the wooded space shown as "open space" be platted as an unbuildable outlot with the final plat to remain as open space in the future.
2.
Condition 5. That the developer dedicate an easement for a greenway trail generally following the course of Cardinal Creek and within the area identified as "open space" at a location acceptable to the City of Davenport.
F.
Ordinance 2006-514.
1.
Condition 5. That an area of Outlots "C" and "D" shall be designated on the plat as a greenway easement 30 feet in width and adequately sized drainage easement. The greenway and drainage easement should extend south line of the property.
2.
Condition 7. That the developer provide berming, landscaping or fencing, or a combination thereto to buffer the residents from traffic noise. Screening should also be provided to the rear of the single-family attached units abutting the rear of the existing development along Oklahoma Avenue.
G.
Ordinance 2007-522.
1.
Condition 2. That no home sites shall have direct access to Division Street and that street access to Division Street and that street access to Division Street will be approved by the City Traffic Engineer.
2.
Condition 4. There may be a need for right-of-way for right turn lanes on Division Street. Right-of-way needs will be reviewed with the filing of the subdivision plats.
3.
Condition 6. That platting, grading and construction plans for this area accommodate the extension of Marquette Street to 76th Street. The extension will require a crossing, bridge, or large culvert, over Goose Creek. The east-west location of the Marquette and 76th intersection needs to be reviewed. If Marquette were to be extended north along the existing half right-of-way, it will intersect in a potentially unsafe location. This is due to the sharp horizontal curves and lane transitions at this in existing 76th Street. Additional paving and right-of-way may be required for 76th Street at the Marquette Street intersection. The minimum street right-of-way width for Marquette is 70 feet per City Code Section 16.24, major collector streets.
4.
Condition 10. That the petitioner delineate on future plats and development plans the area with the 100-year floodplain of Goose Creek and dedicate to the City this area for a greenway walking path and floodplain management purposes. In addition, there will be an additional fifty-foot area to be dedicated as an easement adjacent to the 100-year floodplain within which primary structures will not be allowed. Low entry points shall be one-foot above the 100-year storm elevation.
H.
Ordinance 2011-20.
1.
Condition 6. That the proposed uses be limited to professional offices and residential uses.
2.
Condition 7. That building height restrictions be reviewed at the site plan phase with lower building height (step down) being located along the perimeter of the development area. Note: site plan replaced development plan.
3.
Condition 9. That at a minimum, a buffer yard of 50 feet containing an undulated five to six-foot berm be established along and within the commercially zoned area and that this buffer yard be developed with the following plantings: three canopy trees, six understory trees and nine shrubs or evergreens/conifers per 100 linear feet. This buffer yard and berm shall be established during construction of any portion of the commercial zoned area. Note: Condition 9 was modified to remove reference to previous Zoning Ordinance and the timing of improvements.
4.
Condition 12. 275-foot building setback line on both the east and west boundaries of the commercial zoning (no buildings allowed in the setback area for both east and west side setbacks other than residential lots on west side (houses to be built on residential lots). Note: of the commercial zoning replaced on the PDD.
5.
Condition 13. A maximum of six buildings in the commercially zoned area. Note: commercial zoned area replaced PDD.
6.
Condition 14. A maximum commercial footprint of 160,000 square feet within the commercially zoned area. Note: within the commercial zoned area replaced on the PDD.
7.
Condition 15. A maximum commercial total square feet of 240,000 square feet within the commercial zoned area. Note: within the commercial zoned area replaced on the PDD.
8.
Condition 16. A maximum of two story height on the commercial buildings.
9.
Condition 19. Any commercial buildings located on the approximate 40% of the PDD area can be no higher than one story above finished grade. Note: commercially zoned area replaced PDD area and removed reference to attached drawing.
I.
Ordinance 2011 -21.
1.
Condition 3. That with each site plan, preliminary or final plat provision be made for the dedication of right-of-way for the dedication of right-of-way for: the easterly extension of East 51st Street to Hawk Drive; the northerly extension of Eastbury Estates Drive to East 51st Street; the southerly extension of Lakeview Parkway to East 51st Street; and a northerly connection from East 51st Street to the northerly development site. Review of this connection and any necessary traffic calming measures be done in conjunction with the review and approval of the associated development plan or subdivision platting. Note: site plan replaced development plan.
2.
Condition 4. That at least 50% of the residential development be single-family detached housing and said detached housing be located abutting the existing single-family development.
J.
Ordinance 2017-49.
1.
Condition 3. That perimeter fencing adjacent to West 65th Street/Hoover Road and Scott Street be wrought iron an aluminum wrought iron style fence.
K.
Ordinance 2017-520.
[Amended 6-10-2020 by Ord. No. 2020-233; Ord. No. 2019-195 § 10]
1.
Condition 6. Lighting shall consist of LED dark-sky fixtures not higher than 25 feet. Fixtures shall be shielded from view from properties to the south and shall be powered down within 1/2 hour of closing to a level necessary to provide security lighting only.
2.
Condition 7. Routine use of PA systems outside of buildings on the property shall not be permitted.
3.
Condition 8. Car washes on the property shall not be located closer than 125 feet from the south property line, oriented so entrances and exits be oriented in an east-west direction and operate only when the dealership is open for business.
L.
Ordinance 2018-107.
1.
Condition 1. That any property rendered non-conforming by the adoption of the "PID" Planned Institutional District not be subject to Section 17.15.020E entitled Discontinuation or Abandonment. Note: Section 17.15.020E entitled Discontinuation or Abandonment replaced Section 17.46.020 entitled Discontinuance-Conformance required.
2.
Condition 3. That Palmer College of Chiropractic formally requests the vacation/abandonment of the public streets and alleys depicted on the Land Use Plan as private use by Palmer College of Chiropractic. These areas on the Land Use Plan are descriptive only with respect to the future use of the property and does not compel approval of any vacation/abandonment request.
3.
In the event East 11th Street between Perry Street and Pershing Avenue is vacated and conveyed to Palmer College of Chiropractic, a pedestrian walkway be constructed from Perry Street to Pershing Avenue in the general location of East 11th Street utilizing existing bricks from the roadway surface and that historical markers be located at its intersection with Perry Street and Pershing Avenue. The cost of removing the roadway materials, curbs and sidewalks and the installation of the pedestrian walkway and historical markers shall be the expense of Palmer College of Chiropractic.
M.
Ordinance 2018-364
1.
Condition 2. That a twenty-five-foot wide landscape buffer be maintained along the south property line. This landscape buffer has contain a six-foot high fence along the northern portion of the landscape buffer.
2.
Condition 3. That a twenty-five-foot wide landscape buffer be maintained along the west property line.
3.
Condition 4. That there be no vehicular access to Lorton Avenue.
4.
Condition 5. That the following uses be prohibited because the potential for incompatibility with the surrounding residential properties: carryout sales of alcoholic beverages; gasoline stations and car washes.
5.
Condition 6. That any dumpsters be located at least 60 feet from the south and west property line.
6.
Condition 7. That parking lot lighting be shielded and directed away from the residential properties to the south and west.
7.
Condition 8. That the west driveway access to East 53rd Street turn and through lanes extend to the southernmost east-west driveway to avoid being blocked by the through movement queue.
17.17.020 Reservation of previously approved concept plan, land use plans and narrative of intent and compatibility with surrounding area.
The Concept Plans, Land Use Plans and Narrative of Intent and Compatibility with Surround Area being reserved were approved in conjunction with the adopted ordinances listed below. The listed Concept Plans, Land Use Plans and Narrative of Intent and Compatibility with Surround Area are available for viewing in the records of the Zoning Administrator.