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HomeMy WebLinkAbout1987-06-16 Ordinance.o• r ;i Pi City of Iowa City MEMORANDUM Date: April 29, 1987 To: Planning & Zoning Commission From: Barry Beagle, Associate Planner Re: Proposed Large Scale Non -Residential Development Ordinance Amend- ment Proposed is an amendment to Section 27-44, Building Permits, of the Large Scale Non -Residential Development (LSNRD) Ordinance. The proposed amend- ment would allow for minor deviations in the size and siting of existing buildings shown on approved final LSNRD plans. As the Commission will recall, the LSNRD Ordinance was revised last year in an effort to stream- line the review and approval of LSNRD plans and provide greater flexibil- ity in the design and improvement of proposed developments. Deleted from the revised text was language concerning permitted deviations from ap- proved final plans which existed under the previous LSNRD ordinance. The new LSNRD ordinance allows new developments to .set reasonable parameters relating to the use, parking requirements, landscaping, access points, and a footprint of each building within the development." For plans approved under the previous LSNRD ordinance, minor deviations in building size and location were permitted and no longer exist in the revised ordinance. A number of plans exist that were approved under the previous ordinance and no longer have the ability to make minor building changes without having to amend their plans. The proposed amendment would apply only to existing developments approved under the previous LSNRD ordinance. New developments would not be affected by this proposal since they have the option of setting reasonable parameters, with the prelimi- nary plan, for future development in excess of current building needs. STAFF RECOMMENDATION For the benefit of existing developments approved under the previous LSNRD ordinance, staff would recommend the proposed ordinance amendment be approved. bdw1/2 Enclosure Approved by: onald chmeiser, Director Department of Planning and Program Development gvi .Y' ORDINANCE NO. ORDINANCE TO AMEND TIE LAAI;E SCALE NON-RESIDENTIAL DEVELOPMENT REGULATIONS, CHAPTER 27 OF THE IOA CITY KNICIPAL CODE, TO ALLOW MINOR DEVIATIONS IN AP- PIDVED FINAL OEVEI.OPMENT PLANS. WEIEAS, the Large Scale Non -Residential Develop- rnent Regulations were arended cn Pay 6, 1986, to permit administrative review and approval of final plans; and WfJM, the nen Large Scale Nm -Residential Developrent regulations allow new develq mats to set reasonable parameters with respect to future building use, coverage, parking requirements, etc., at the time of preliminary plan approval; and W1EfEAS, developers of plans approved under the previous Large Scale Nm -Residential Development regulations no longe- have the ability to make minor deviations in the size and siting of buildings without having to formally armed the plans; and WEWM, it is the intent of the Large Scale Non -Residential Development regulations to provide lard owners and developers with the ability to respond quickly to new or existing business propos- als; and WEWAS, the proposed amrehdneht would re-estab- lish the standards permitting minor deviations to approved plans vhich existed under the previous Large Scale Non-leside tial Development regulations, and would apply only to such developneeds. NOW, THEREFORE, BE IT ORDAINED BI THE CITY COUN- CIL OF THE CITY OF IOA CITY, IOWA, THAT: SECTION I. AME W. That Section 27-44 of the Iawa_iiy o irenkes, entitled: Building Permits, shall be amended by inserting the following new section: (c) For final development plans approved prior to May 6, 1985, a building permit may be issued for a building sham on the approved plan which deviates by up to twenty-five (25) percent of the gross floor area shown for the original building, provided the footprint of the build- ing does not exceed the permitted lateral deviation listed below: Total Area of Permitted Development Lateral Tract Deviation Up to 10 Acres 25 feet 10-25 Acres 50 feet Over 25 Acres 75 feet 1410/ Ordinance No. Page 2 If deviations in building size or siting beyond these limitations are desired, approval of a modified site plan is required in accordance with the provision of Section 21-37 of this Chapter. SECTION II. REPEALER: All Ordinances and parts of ordinances m conflict with the provi- sion of this Ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, prov srm on par a 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 shalln effect a-fFe-Flits final passage, approval and publication as required by law. Passed and approved this MAYOR ATIESI: CITY ULW ra i Recah•�9 1:;•rvoved By I'm L•_;;al is r. ar"enf got .W V It was moved by and seconded by that the Ordinance as read e a op ed and upon roll call there were: AYES: NAYS: ABSENT: AMBRISCO BAKER COURTNEY DICKSON MCDONALD STRAIT ZUBER First consideration Vote for passage: Second consideration Vote for passage Date published 5014 .o• f 4jj City of Iowa City MEMORANDUM Date: April 16, 1987 To: Planning and Zoning Commission From: Monica Moen, Associate Planner M� Re: Amendments to the Sign Regulations Concerning Signs Permitted in the CH -1, CC -2 and CI -1 Zones and in the I-1 and I-2 Zones. The sign regulations of the Zoning Ordinance permit, by right, either one monument sign or one free-standing sign on a single lot within the CH -1, CC -2, and CI -1 zones and within the I-1 and I-2 zones. Sections 36-62(c)(3)b.2 and 36-62(c)(6)b.2 of the Ordinance, however, specifically allow two monument signs or two free-standing signs in the applicable zones where a minimum distance Fetween the signs can be achieved. These regulations do not, however, expressly permit the use of a combination of one monument sign and one free- standing sign on a single lot which can meet the present minimum separation requirement. Because a combination of one monument sign and one free-standing sign within the applicable zones and on lots meeting a minimum frontage dimension is not expected to be visually objectional or to compromise the intentions of the of the sign regulations, the proposed amendments are intended to specifically permit two monument signs, two free-standing signs or one monument sign and one free-standing sign on lots having a minimum frontage dimension and located in the CH -1, CC -2, and CI -1 zones and in the I-1 and I-2 zones. The present regulations allow two free-standing or monument signs within the CH -i, CC -2 and CI- 1 zones and the I-1 and I-2 zones provided that the distance between the two signs is not less than 150 feet measured along the frontage of a single lot. This provisional regulation allows a reasonable amount of identi- fication for businesses located on lots which have substantial frontage but limits the number of signs to two on any single lot, regardless of the amount of frontage, in order to protect the physical appearance of the community, to protect property values and to reduce distractions or visual obstructions that may contribute to traffic accidents. The proposed amendments continue to limit the number of monument or free-stand- ing signs on a single lot to two but they impose a provision that allows two of these signs on a single lot only when that lot has a minimum lot frontage of 160 feet. Except for two free-standing signs on a single lot, the amendments eliminate the provision requiring a minimum distance between either two monu- ment signs or one monument sign and one free-standing sign. While general rules apply to the dimensions and locations of these signs, placement of two monument signs or a combination of one monument and one free-standing sign in relation to one another is left to the discretion of the property owner. These amend- ments offer property owners more flexibility in locating signs on a parcel. 94' 7 .W r 2 The 150 foot minimum distance between two free-standing signs is retained because of the more obtrusive characteristics of free-standing signs versus monument signs. Within the zones under consideration, free-standing signs may be constructed to aheight of 25 feet and within the commercial zones, in par- ticular, the area of each sign face of a free-standing sign may be up to 125 j square feet. Monument signs, on the other hand, have a much lower profile. fet a Monument tsigns within nthe b ndthemorelen lenient numentsign regulations oofethee1-1 andgI-2ozones estill restrict each sign face to an area of 75 square feet. Restricting free-stand- ing signs within 150 feet of one another is intended to protect the appearance i and safety of the community. Because Section 36-63(b)(2) generally provides that no part of a free-standing or a monument sign or sign support may be within five feet of any lot line, only lots with a minimum frontage of 160 feet (5 foot setback + 150 foot sepa- ration + 5 foot setback = 160 feet) would be capable of accommodating two monument signs, two free-standing signs or a combination of one of each type of sign. The 160 foot distance is, therefore, utilized in the proposed amendments to identify the threshold at which a second monument or free-standing sign would be permitted on a single lot. The staff recommends adoption of the ordin nces-submitted. Approved by: Lam' na c me ser, irec or irector of Planning & Program Development tp5/1 Attachments J0 ORDINAI�E N). �_ Ofmitwa TO RUID TIE SIGN {7E(;A ATIOIS CF 11-E ZONING ORDINKEC�ERNINGZONES PId)� TIE 1-1DW 11-7 VE CH -1, CC -2 XV ZOIES. the Sign Regulations are intended to and enhance and Protect the fhysical popetY � alnes. safety of the conmmobstructions that may tY, to Poproper and to reduce distractions and obstructions contribute� to he Sign �ulatioand nss establish Prw able opportunity 11 dch sions vhallow a reason sign users to display signsfor r identnfand to without interference fron other signage ed ' provide for fair and equitable treabnent of all sign users-�, vhile the Sign Regulations allow reason- able arount of identifncatmt for acedcerton lotcams and industrial establishments looted r lots re - have substantial frontage. it s single to'W strict the m� of signs on a sing on t ate the effects of signsthe environment and on traffic' and lots with substantial frontage it is reasonable to allow Property owners flexibility in �I locating signs on a single parcel. NOW, DEREFCRE, M IT RESOLVED BY THE CITY OF IOWA CITY: NUVWFS• That Section SECTION I'e @-e-OT Ordinances shall be 36 c ° inserting in I amended by deleting said Section and lieu thereof the following: 2. Two free standing x' mo nunent signs or one free - 7 f re an t signare permitted Provided that frontage along a single lot is ntwo ot less than 160 feet• Theall be nodes t� )50 free-standing signs l� frontage of a single feet as measured alorg lot. 6 b 2 of the Code of Ordi- That Section 36-62(c)( ) nances shall be anerddeleting said Section and ed by inserting in lieu thereof the followtwo ing: or 2. In the I-1 and 1-2 zones, noruiat signsareor pem tted provid one free-standi snthat front than 160 feet - age along a single lot is rot lessstardirg signs The distance be br7 free P. shall be ro less than 150 feet as measured along the frontage of a single lot. parts SECTION II. IwEPEAIFR. All ordinances of this of ord na%es n con ct with the provision ordinance are hereby repealed. V* 7 z 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 required by law. Passed and approved this puff - ATTEST: hued Approved of !hn /9/�� P. S�7 It was moved by and seconded by that the Ordinance as rea e a op ed and upon roll call there were: AYES: NAYS: ABSENT: AMBRISCO —BAKER — COURTNEY — DICKSON MCDONALD — STRAIT ZUBER First consideration Vote for passage: Second consideration Vote for passage Date published 04 OiOINAHE &0. 87-3326 A' VVt,EHT TO TME ZONING ORDINANCE CHANGING 74E USE REGULATIONS OF PFDPERRY LOCATED AT 225 EAST MNTISS STREET FROM CC -2 lO CI -1, SUBIECT TO C@aITIOPS. 4IEREAS, Ha„keye Medical Supply, inc., located at 225 East Prentiss Street, has requested that its Property be rezoned fran CC -2 to CI -1; and WEREAS, the Comprehensive Plan for the City of Iowa City shows Mixed Use in the area containing the subject parcel; and IJEREAS, the existing development near the subject parcel is devoted to residential and conmer- cial land uses as recognized by the Carprehensive Plan; and WEREAS, subject to conditions, the rezoning of the subject parcel would Ensure compatibility of the I present use with surrounding land uses and with the intent of the Comprehensive Plan. NOW, 14EREFORE, BE IT OR)AIPED BY THE CITY COIN - CIL OF TIE CITY OF IOWA CITY, 101iA, THAT: SECTION I. ZONING *UMW. Subject to the terms a c n ions o attached AgreEmnt, which is hereby approved, the property described below is hereby reclassified from its Present classification of CC -2 to CI -1: Lots 1-4, Block 10 of Canty Seat Addition. I SECTION II. ZONING MAP. Upon final passage, ap- P� Pubhcatim o this Ordinance as provided by law, the Building Inspector is hereby authorized and directed to change the zoning rrep of the City of Tara City to reflect this amendment. SECTION III. AGREEMENT. The Mayor is hereby au- 7W0-r-1-eT-a-r2-afFRYeM sign, and the City Clerk to attest, the Agreement. SECTION IV. CERTIFICATION NO RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which, together with the Agreernent, shall be recorded in the Office of the County Recorder of Johnson Canty, Iowa. SECTION V. o REPEALER: All Ordinances and parts of mantes nn can mct with the provision of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY: If any section, provi- s on or Parr ot 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. Ordinance No. 87-3326 Page 2 SECTION VII. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 16th day of June, 1987. Y ATTEST: CITY CLEW Rarivc'd �° Apprc...::. By '! LPSfa! P'6 n S�` It was moved by McDonald , and seconded by Strait_+ that the Ordinance as read be a opted and upon roll ca there were. AYES: NAYS: ABSENT: AMBRISCO X -- BAKER X COURTNEY X — DICKSON X MCDONALD K STRAIT X X ZUBER First consideration 6/2/87 Vote for Zuber9 - Ayeco.eaNays Co�oneey bsent n None. onald, Second consideration - Vote for passage Date published 6/24/87 Moved by McDonald, seconded by Dickson, that the rule requiring ordinances to be considered and rior voted on for passage at two Council meetings p 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 euponion for final passage at this time. Ayes: McDonald, Strait, Ambrisco, Baker. Nays: None, Absent: ZUber. CMMMK Zgli AGEUM A611EEWNT by and between the City of Iowa City, Two (City) and Hawkeye Medical Supply Inc. (Hawkeye). WHEREAS, Hawkeye operates a medical equipment and supply business on property at 225 E. Prentiss Street, Iwo City, Johnson County, Iowa, which Is legally described as follows: Lots 1-4, Block 10, County Seat Addition (the 'Property-); and WHEREAS; Hawkeye cannot expand Its warehouse at that location because of limitations on the amount of warehouse space permitted under the present zoning classification: CC -2; and WHEREAS. Hawkeye has applied to have the Property rezoned to the C1-1 classl- flcatlon, which permits a greater amount warehouse space; and WHEREAS, reclassification of the Property to the Cl -1 zoning classif station Is deemed reasonable and proper If certain conditions are lepsed on uses on the Property to ameliorate the negative Impacts of some uses Mich are per- mitted in that zone; and WHEREAS, pursuant to authority contained in Iowa Code (1985) section 414,5, the parties agree that the conditions described below are reasonable and necessary to protect against potential adverse effects, such as visual blight and Increased noise, which certain activities permitted In the CI -I zone could have on adjacent properties Mich are zoned for commercial and MIti_ family use. NOW, THEREFORE, the parties agree as follows: 1, No outdoor storage and/or display of merchandise, supplies, materials or equipment shall be permitted on the Property. 2. Except during loading and unloading of materials and supplies, and except for off-street parking associated with use of the Property, all activl- ties and operations of the Property shall be conducted within a com- pletely enclosed building or buildings. 3. Violations of the terms of this Agreement shall be, and shall be deemed to be, violations of the City's Zoning Ordinance. .W .2- a. This Agreement shall be effective on the effective date Of the City's ordinance rezoning the proeerty from CC -2 to C1-1. If such rezoning 'i not adopted, this Agreement shall be null and void. 5. This Agreement snail be a covenant running with the land, and snall be binding upon and shall inure to the benefit of the parties hereto, and their successors and assigns. HAWKEYE MEDICAL ��S/UP,P/�Y, hit, r�TY OF IOWA CITY IOWA ` 3 �&ZkyN. jlA%�iJ y• s Tres ldent Theodore H. Pada ayor ATTEST: ATTEST: Sedretdry VirJci Ol¢shar ICy erk State of Iowa ) ) SS: Johnson County ) On this 29@i—day of s l9 s7 before me, ap- andersigne a diary Pub c to an or e State' ofT>wa,x personally ap- peared 7lscddore H. Pada and Vicki Dunbar , to me person- al ly erson-ally known, who, being ly me duly sworn, say ­QFey are the p�y��� and respectively, of s I corpo�on executing the with n and drego ng nstrIs attached, that `moeoptortoiwhttehatisa said instrument was signed (aid scaled) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said ma)dora H. Pada and Vicki Dunbar as such officers acknowledged the execution or STU Jnrrumen=* e(Fe voluntary act and deed of said to oration, by it and by them voluntarily executed. o1✓—car uo c n� or s� an ate State of Iowa SS: Johnson County ) On this 16th day of J=c , 1987 , before me. Gina a otary ub c n and foF the State of Iowa, PersonaTTY appeare— d w1111am�J. Anbrisco and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of lad City, Iowa; that the seal affixed to the for, Instrument is the corporate seal of the corporation, and that the Instrument was signed and sealed on behalf of the corporation, by87by utho ity of its City Council, as contained in (Ordinance) (ke%,o vbLxK4 passed (the Resolution adopted) by the City Council, acdmc£o1.Sr.Ca 'ccQ of the City Council on the 16th day of Jime TT 87 and that William J. Anbr Isco an ar an K. Karr n ac a ged the exon of the instrument to be their voluntary act and deed and the volun- tary act and deed of the Corporation, by IC voluntarily executed. P., up i�v Otty Ehio": • a OROIWM NO. 87-3327 AN OIDINACE MENDING SECTION 20-19((d) OF THE CODE OF ORDINANCES OF THE CITY OF I0A CITY, IM. EE IT OROAINEO BY T}E CITY COLNCIL OF RE CITY OF 10 A CLTY, IOIdA, THAT: SECTION I. PURPOSE. The purpose of this anerdent ns to reale ron 6 to 4 the writer of consecutive regular nmetings of the Library Board Which a trus- tee can be absent before that trustee's position shall be vacant. SECTION II. NUDIENT. Section 20-19(d) of the Cade of Ordinances of the City of Iowa City, Iowa,is hereby repealed and substituted in its place is the nen section 20-19(d): (d) Vacancies. The position of any trustee shall be vacant if he/she roves penrenently from the city, or county in case of a ron-resident rrenbe; or if be/she is absent for four (4) consecutive regular meetings of the board. Vacancies on the board shall be filled by � council, of the il,or theboard , i th the ofsupervisapproval of supervisors in the case of the non-resident member, and the ap- pointed trustee shall fill out the unexpired teen for vhich the appoinbnent is rade. SECTION III. IEPEALER: All ordinances and parts of mantes n 5 T with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, provi- son or part OFEFWIWTmance 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 V. EFFECTIVE DATE; This Ordinance shall be in effect afte its incl passage, approval and Publication as required by law, 1aas8 ed and approved this 16th day of June, 1 .o• R ATTEST:dm ) -�J��) Rsosfvsd it fliresVod By Tiro legsi Gia;.,%"msM 7 [t was moved by Baker that the mance as rea ' and seconded by were: a a opted and Courtne upon rol ca t ere AYES: XAYi :1Bggyf: X A BRISCO _ BAKER X X ' COURTYEY DICKSON X MCDONAW —� STRAIT _ x ZUBER First consideration 6/2/87 Vote for passage: Ayes: Strait Zuber I Courtney, Dickson, McDonald. Ambrisco, Baker, 'Nays: None. Absent: None. Second consideration I Vote for passage Date published 6/ 4/87 Moved by Baker, seconded by Strait, that the rule requiring ordinances to be considered and voted on for passage h th 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: Courtney, Dickson, McDonald, Strait, Ambrisco, Baker. Nays: None. Absent: Zuber. FAF i I I I I .V• OIMINPNCE N0. 87-3328 AN OFmIWWCE WENDING SECTION 23-253 OF TrE CODE OF OR3IWWCES OF THE CITY OF IOWA CITY, IDA - SECTION 1. PURPOSE. The purpose of this anend- nent is to provide that it is unlawful for unauthor- ized vehicles to Park in a handicapped parking space on private Property, as well as on public property. SECTION2__Nf. Section 23-253 of the Code_of Ordinani� o thubstituof Dow its City, IOAs andis hereby repea ce i the new 523-253: Sec. 23-253. Parking for physically handi- capped (a) The traffic engineer is hereby authorized to establish handicapped parking spaces for s and off- streeton-street public parkingirf facilities. Handi- capped parking spaces aey also be estab- lished on private Property by the owns• of said property provided that each parking space is clearly and prominently designated s handicappedrricie ng space, located king space. The use of aon either public or private property, by a rotor vehicle not displaying a handicapped identification device, or by a rotor vehi- cle displaying such a device but not being used try a handicapped person, as operator or passenger, shall be unlavful. (b) The terns "handicapped Person", "handi- atdttstarhd "handicapped identification device" as used in section, shall have the meaning as those terns are defined in Section 601E.1, Code of Iowa. SECTION III. PEPFALER: All ordinances and parts Of ordnances in c ct with the provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, �ro�vi to be invalid or shall e ad - or unconstitutonal,such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof of adjudged invalid or unconstitu- tional. SECTION V. EFFECTIVE DATE: This Ordinance shall be n e a er i ins passage, approval and publication as required by law. Passed and approved this 16th day of June, 1987. ATTEST: CI IT U -M •i. J' G 877 .P' • It was moved by McDonald and seconded by Strait that the Ordinance as ria be a op id and upon roll callt ere were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT X ZUBER First consideration 6/2/87 Vote for passage: Ayes: Zuber, Ambrisco, Baker, Courtney, Dickson, McDonald, Strait. Nays: None. Absent: None. Second consideration ------- Vote for passage Date published _ 6/24/87 Moved by McDonald, seconded by Courtney, that the rule requiring ordinances to be considered Rmlved b Appeved and voted on for passage at two Council Legal DepeAffyd meetings prior to the meeting at which The it is to be finally passed be suspended, 5 % 9 the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Dickson, McDonald, Strait, Ambrisco, Baker, Courtney. Nays: None. Absent: Zuber. 71