HomeMy WebLinkAbout1986-01-28 Public hearingCity of Iowa City
MEMORANDUM
Date: December 11, 1985
To: Planning and Zoning Commission
From: Barry Beagle, Associate Planner
Re: Proposed Sign Ordinance Amendment
The attached proposed sign ordinance amendment would exempt the RM -145, CB -2,
and CB -10 zones from the "triangular area" sign clearance requirement of
Section 36-63(b)(1) of the Zoning Ordinance. Section 36-63(b)(1) prohibits
the placement of billboard, canopy and free-standing or monument signs within
a defined "triangular area" on private property at street intersections.
Each of the three zones, however, has no minimum front yard requirement and
allows building to the property lines. Since a structure may be constructed
to the property lines, a restriction to prohibit the placement of permitted
signs within the triangular area of those zones would not be logical. All
other zones having a minimum front yard requirement will continue to be
regulated by the triangular area with regard to sign placement.
Staff recommends that the proposed ordinance amendment be approved exempting
the RM -145; CB -2; and CB -10 zones from the triangular area signage require-
ment.
Approved by: i
n Schm iser, Director
epartment of Planning and
Program Development
bdw4/7
160
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public
hearing will be held by the City Council
of Iowa City, Iowa, at 7:30 PM, on the
28th day of January, 1986, in the Council
Chambers of the Civic Center, Iowa City,
a, on the following items:
1. An amendment to the Zoning Ordinance
concerning the grace period and non-
conforming roomers in the RS -5, RS -8,
RS -12 and F44-12 zones.
2. An amendment to the Zoning Ordinance
to incorporate the City's current
sewage and industrial waste control
regulations by reference.
3. An ordinance to rezone 2.1 acres
located west of old Highway 218, south
of Eagle's parking lot and north of
Ernest Street, from CC -2 to P.
Copies of the proposed ordinances are on
file for public examination at the office
of the City Clerk, Civic Center, Iowa
City, Iowa. Persons wishing to make their
views known or to suggest changes for City
Council consideration before adoption of
these—A4--- n..- lu-..,A ------ -1 ll_
hearin
MARIAN
City of Iowa City
MEMORANDUM
Date: December 11, 1985
To: Planning and Zoning Commission
From: Barry Beagle, Associate Planner%
Re: Ordinance Amendment to the RS -12 and RM -12 Zones
Sections 36-10(g)(1) and 36-11(g)(3) refer to the Special Provisions subsec-
tion of the RS -12 and RM -12 zones, respectively. These provisions grant a
grace period to December 31, 1986, for dwellings in which the number of
roomers exceeds the number currently permitted by that zone.
The previous Zoning Ordinance permitted a greater number of roomers per
dwelling unit for the two respective zones. When the Zoning Ordinance was
readopted this year, a number of residences automatically became non -conform-
ing since they exceeded the number of roomers now allowed in those zones.
It was the intent of these subsections to apply a grace period only to those
residences with a legal number of roomers caught in the transition between
the previous and the new Zoning Ordinance. However, the current language,
due to its ambiguity may infer that the grace .period is not applicable to
just non -conforming dwellings but would even apply to illegal uses which were
established under either the previous or existing Zoning Ordinance: This has
led to enforcement problems for the Housing and Inspection Services Depart-
ment to abate illegal uses which exceed the permitted number of roomers.
Staff recommends that the proposed ordinance amendment to Sections
36-10(g)(1) and 36-11(g)(3) be approved clarifying the original intent of
this provision.
Approved by.
oma S me ser, 0 rec or
Department of Planning a
Program Development
bj5/6
/S�4
I
ORDINANCE NO.
ORDINANCE AMENDING THE. SPECIAL PROVISIONS
SUBSECTIONS OF SECTIONS 36-7, 36-8. 36-10
AND 36-11 OF THE ZONING ORDINANCE REGARD-
ING THE NUMBER OF ROOMERS.
The City Council finds that the Special
Provisions subsections in the RS -5, RS -8
RS -12 and RM -12 zones are ambiguous as to
the number of roomers legally permissible.
Previous zoning ordinances permitted a
greater number of roomers per dwelling
unit and many of those dwelling units
became non -conforming upon adoption of
this Chapter, or earlier amendments. The
Special Provisions subsections were in-
tended to apply only to non -conforming
uses and not to illegal uses established
under either previous or existing zoning
ordinances, and this amendment is intended
to clarify that intent.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, THAT:
SECTION I. AMENDMENT. Sections
9 - g , 6-10(g)(1) and
36-11(g)(3) are hereby deleted and the
following are inserted in lieu thereof:
Section 36-7(g)(2).
(2) The provisions of Section
36-7(c)(1) were originally adopted
December 30, 1983, and became effec-
tive December 31, 1984. The
non -conforming use provisions of
this chapter shall not apply after
December 31, 1984, with respect to
the number of roomers allowed in
this zone. No dwelling unit shall
be permitted to have a number of
roomers in excess of the number
allowed in Section 36-7(c)(1).
Section 36-8(g)(2).
(2) The provisions of Section
36-8(c)(3) were originally adopted
Becember 30, 1983, and became effec-
tive December 31, 1984. The non-
conforming use provisions of this
chapter shall not apply after Decem-
ber 31, 1984, with respect to the
number of roomers allowed in this
zone. No dwelling unit shall be
permitted to have a number of room-
ers in excess of the number allowed
in Section 36-8(c)(3).
/S�
Ordinance No.
Page 2
Section 36-10(g)(1).
(1) The provisions of Section
36-10(c)(1) were adopted on June 14,
1985. After December 31, 1986, the
non -conforming use provisions of
this chapter shall not apply with
respect to the number of roomers
permitted in this zone and no dwell-
ing unit in this zone shall be
permitted to have a number of room-
ers in excess of the number permit-
ted in Section 36-10(c)(1).
Section 36-11(g)(3).
The provisions of Section
36-11(c)(1) were adopted on June 14,
1985. After December 31, 1986, the
non -conforming use provisions of
this chapter shall not apply with
respect to the number of roomers
permitted in this zone and no dwell-
ing unit in this zone shall be
permitted to have a number of room-
ers in excess of the number permit-
ted in Section 36-11(c)(1).
SECTION II. REPEALER: All ordinances and
Par s or
or nances in conflict with the
provision of this Ordinance are hereby
repealed.
SECTION III. SEVERABTY: If any sec -
on, prov son or par 1of the Ordinance
shall be adjudged to be invalid or uncon-
stitutional, 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 a n e ec after its final
passage, approval and publication as
required by law.
Passed and approved this
ATTEST:
CITY CLERK
'L. [ .,�:
•:arc^•!'rKr
J�
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public
hearing will be held by the City Council
of Iowa City, Iowa, at 7:30 PM, on the
28th day of January, 1986, in the Council
C Chambers of the Civic Center, Iowa City,
j Iowa, on the following items:
' 1. An amendment to the Zoning Ordinance
concerning the grace period and non-
conforming roomers in the RS -5, RS -8,
RS -12 and RM -12 zones.
An amendment to the Zoning Ordinance
to incorporate the City's current
sewage and industrial waste control
regulations by reference.
3. An ordinance to rezone 2.1 acres
located west of old Highway 218, south
of Eagle's parking lot and north of
Ernest Street, from CC -2 to P.
Copies of the proposed ordinances are on
file for public examination at the office
of the City Clerk, Civic Center, Iowa
City, Iowa. Persons wishing to make their
views known or to suggest changes for City
Council consideration before adoption of
these ordinances should appear at the
hearing.
MARIAN K. KARR, CITY CLERK
IF
...........
ORDINANCE NO.
AN ORDINANCE TO INCORPORATE INTO THE
ZONING ORDINANCE THE CITY'S CURRENT BUILD-
ING SEWER AND INDUSTRIAL WASTE CONTROL
j REGULATIONS.
WHEREAS, the City's Zoning Ordinance has,
for a number of years, contained standards
pertaining to discharges into the public
sewers; and
WHEREAS, in 1984 the City Council adopted
Ordinance No. 84-3172 updating the City's
industrial waste control regulations, but
did not revise the sewage discharge re-
quirements contained in the Zoning Code;
and
WHEREAS, the City Council wishes to elimi-
nate duplication and possible ambiguities
by placing the City's sewage discharge
regulations in one part in the Code of
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF IOWA CITY, IOWA, THAT:
SECTION I. AMENDMENT. Section 36-76(h)
o e e of Ordinances is hereby de-
leted in its entirety and the following is
adopted in lieu thereof:
(h) Sewage Waste. Sewers and sewage
discharge shall meet the require-
ments of Divisions 1, 2, 5 and 6
of Article II of Chapter 33 of the
Iowa City Code of Ordinances.
SECTION II. REPEALER: All ordinances and
parts Of o nances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION III. SEVERABILITY: If any sec -
on, prov s on or PaFf of the Ordinance
shall be adjudged to be invalid or uncon-
stitutional, 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.
/SS
i
Ordinance No.
Page 2
SECTION IV. EFFECTIVE DATE: This Ordi-
nance s a e 1n effect after its final
passage, approval and publication as
required by law.
Passed and approved this
MAYOF-
ATTEST:
<.............................. ._. _ � ..,... ...�......, k.
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public
hearing will be held by the City Council
of Iowa City, Iowa, at 7:30 PM, on the
28th day of January, 1986, in the Council
Chambers of the Civic Center, Iowa City,
Iowa, on the following items:
1. An amendment to the Zoning Ordinance
concerning the grace period and non-
conforming roomers in the RS -5, RS -8,
RS -12 and F44-12 zones.
2. An amendment to the Zoning Ordinance
to incorporate the City's current
sewage and industrial waste control
regulations by reference.
An ordinance to rezone 2.1 acres
located west of old Highway 218, south
of Eagle's parking lot and north of
Ernest Street, from CC -2 to P.
Copies of the proposed ordinances are on
Mies
for public examination at the office
of the City Clerk, Civic Center, Iowa
City, Iowa. Persons wishing to make their
views known or to suggest changes for City
Council consideration before adoption of
these ordinances should appear at the
hearing.
MARIAN K. KARR, CITY CLERK
�S�
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY LOCATED WEST OF OLD HIGHWAY 218,
SOUTH OF EAGLE'S PARKING LOT AND NORTH OF
ERNEST STREET.
WHEREAS, the Iowa City Community School
District (ICCSO) has purchased certain
property legally described below; and
WHEREAS, this land owned and controlled by
ICCSO is most appropriately designated a
Public Zone (P) to serve notice to
adjacent property owners that the land
will not be subject to the regulations of
the Zoning Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. That the property .described
be ow s hereby reclassified from its
present classification of CC -2 to P:
Part of the South 1/2 of the Southeast 1/4
of Section 16, and a part of the South 1/2
of the Southwest 1/4 of Section 15, both
in Township 79 North, Range 6 West of the
5th P.M., Iowa City, Johnson County, Iowa,
more particularly described as follows:
Commencing at a point 2,105 feet east of
the Northwest corner of the South 1/2
Southeast 1/4 of said Section 16;, -thence
in a Southeasterly direction 429.2 feet to
a pin which is 514 feet West of the
centerline of U.S. Highway #218; thence
East 514 feet to said centerline; thence
in a Northwesterly direction along the
centerline of said paving 421.1 feet to
the North line of South 1/2 Southeast 1/4
of Section 16; thence West along said
North line 547 feet to the Point of
Beginning.
Excepting the following: Beginning at a
point which is located as follows:
Commencing at the Northwest corner of the
South 1/2 Southeast 1/4 of said Section
16; thence East 2,652 feet to the
centerline of the paving of said Highway
/S6
.......................,:..
Ordinance No.
Page 2
0218; thence Southeasterly along said
centerline 321.1 feet to the said Point of
Beginning; from the Point of Beginning
thus located, thence Southeasterly along
the centerline of said paving 100 feet;
thence West 514 feet; thence North 160 15'
West to a point due West of the Point of
Beginning, thence East to the Point of
Beginning.
And excepting the following: Beginning, at
a point which is located as follows:
Commencing at the Northwest corner of the
South 1/2 Southeast 1/4 of said Section
16; thence East 2,652 feet to the
centerline of said Highway #218; thence
Southeasterly along the centerline of said
paving 221.1 feet to the said Point of
Beginning; from the Point of Beginning
thus located, thence Southeasterly along
the centerline of said paving 100 feet -
thence West 520.4 feet; thence North 166
15' West to ,a point due West of the Point
of Beginning; thence East to the Point of
Beginning.
Also excepting land condemned for primary
road right of way purposes by the State of
Iowa, as shown in Book 229, page 98, of
the Deed Record for Johnson County, Iowa.
And excepting therefrom a parcel conveyed
to the State of Iowa, and recorded in Book
378, Page 477 of the Deed Record for
Johnson County, described as a parcel
"lying on the West side of the following
described centerline of U.S. Highway ►218:
The centerline, designated by Station
points 100 feet apart, numbered
consecutively from South to North, is
described as follows: Commencing at the
Southwest corner of said Section 15,
thence East 273.7 feet along the South
line of the Southwest 1/4 of said Section
15; thence North 3013' West 181.1 feet;
thence North 12037.5' West 523.9 feet to
Station 490+00, the Point of Beginning;
thence North 120 37.5' West 489.7 feet go
Stat4on 494+89.7; thence Northerly 310.3
feet along a 1,432.4 foot radius curve,
concave Easterly and tangent to the
preceding course, to Station 498+00.
Ordinance No.
Page 3
Said parcel is described as follows: All
that part of a tract of land conveyed to
Thomas R. Alberhasky by Warranty Deed as
recorded in Book 261, Page 396 in the
Office of the County Recorder of Johnson
County, Iowa, lying Easterly of a line
beginning at a point 132 feet radially
distant Westerly from the centerline on
the North line of said tract, thence to a
point 115 ft. nominally distant Westerly
from the South line of said tract'
(exception contains 0.38 acres, more or
less).
Subject tract contains an estimated net
area of 91,700 sq. ft., more or less, and
is subject to restriction of access to the
existing entrance from the frontage road.
SECTION II. The Building Inspector is
erehTihorized 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 publica-
tion of this ordinance as provided by law.
SECTION III. CERTIFICATION. The City
er s ere y authorized and directed to
certify a copy of this ordinance and
record itat the County Recorder of
Johnson County, Iowa.
SECTION III. REPEALER. All ordinances
an parts o or nances in conflict with
the provision of this ordinance are hereby
SECTION IV. SEVERABILITY. If any
section, Prov s on or par of the Ordi-
nance 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 Ordi-
nance shall a in effect after its final
passage, approval and publication as
required by law.
/56
Ordinance No.
Page 4
Passed and approved this
MAYOR
ATTEST:
WIT CLERK--
Rwlved S Approved
By Ths Legal Depa!"
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STAFF REPORT
To: Planning & Zoning Commission Prepared by: Karin Franklin
Item: Z-8508. Iowa City Community Date: December 5, 1985
School District
GENERAL INFORMATION
Applicant: Iowa City Comnunity School
Requested action:
Purpose:
Location:
Size:
Comprehensive Plan:
Existing land use and zoning:
Surrounding land use and zoning:
District
509 S. Dubuque Street
Iowa City, Iowa
Rezoning from CC -2 to P of prop-
erty acquired by Iowa City Commu-
nity School District.
To conform with the Zoning Ordi-
nance and to construct an indus-
trial education classroom.
On old Highway 218, south of
Eagle's parking lot and north of
Ernest Street.
2.1 acres
General commercial.
Vacant; CC -2.
North - shopping center; CC -2.
East - Iowa City maintenance
yard; P.
South - hotel/rooming house;
CC -2.
West - Iowa City Airport; P.
45 -day limitation period: January 6, 1986
ANALYSIS
The Zoning Ordinance indicates that all land owned by the .Federal government,
the State of Iowa, Johnson County, the City of Iowa City, and the Iowa City
Community School District (ICCSD) be designated public zone (P) on the zoning
map to provide notice to adjacent property owners. Any land acquired by any
of these jurisdictions, after the adoption of the Zoning Ordinance, must be
rezoned to P according to the procedures for rezoning any other piece of
property.
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2
The ICCSD purchased approximately 2 acres of land south of the Eagle's park-
ing lot on old Highway 218 from Tom Alberhasky: The District wishes to
construct a building on the lot to be used by the construction education
classes from the high schools during inclement weather: This property should
be zoned P to provide notice to owners and potential buyers of adjacent lots
that the land will be used for public purposes and will not be subject to the
usual regulations of the Zoning Ordinance.
STAFF RECOMMENDATION
The staff recommends that the property owned by the ICCSD on Old HIghway 218
be rezoned to P.
ATTACHMENTS
1. Legal description
2. Location map.
Approved by:
one c me ser, irec or
Department of Planning
and Program Development
4. .
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
Part of the South 1/2 of the Southeast 1/4 of Section 16, and a
part of the South 1/2 of the Southwest 1/4 of Section 15, both
in Township 79 North, Range 6 West of the 5th P.M., Iowa City,
Johnson County, Iowa, more particularly described as follows:
Commencing at a point 2,105 feet' east of the Northwest corner
of the South 1/2 Southeast 1/4 of said Section 16; thence in a
Southeasterly direction 429.2 feet to a pin which is 514 feet
West of the centerline of D.S. Highway 9218; thence East 514
feet to said centerline; thence in a Northwesterly direction
along the ceterline of said paving 421.1 feet to the North line
of South 1/8 Southeast 1/4 of Section 16; thence West along
said North line 547 feet to the Point of Beginning.
Excepting the following: Beginning at a point which is located
as follows: Commencing at the Northwest corner of the South 1/2
Southeast 1/4 of said Section 16; thence East 2,652 feet to the
centerline of the paving of said Highway #218; thence
Southeasterly along said centerline 321.1 feet feet to the said
Point of Beginning; from the Point of Beginning thus located,
thence Southeasterly along the centerline of said paving 100
kfeet; thence West 514 feet; thence North 160 15' West to a
point due West of the Point of Beginning, thence East to the
Point of Beginning.
F_2.
And excepting the following: Beginning at a point which is
located as follows: Commencing at the Northwest corner of the
South 1/2 Southeast 1/4 of said Section 16; thence East 2,652
feet to the centerline of said Highway #218= thence Southeast-
erly along the centerline of said paving 221.1 feet to the said
Point of Beginning; from the Point of Beginning thus located,
thence Southeasterly along the centerline of said paving 100
feet; thence West 520.4 feet; thence North 160 15' West to a
point due West of the Point of Beginning; thence East to the
Point of Beginning.
NWY, 8
Also excepting land condemned for p_rimary road richt of way
purposes by the State of Iowa, as shown in Book 2291 page 98_,
of the Deed Record for Johnson County, Iowa.
And excepting therefrom a parcel conveyed to the State of Iowa,
andrecorded in Book 378. Page .477 of the Deed Record for
Johnson County, described as a parcel "lyiag�n th_e_Wer _A A?
.. ..__t.. _.. woLt
The centerline, designated by Station points 100 feet apart,
numbered consecutively from South to North, is decribed as
follows: Commencing at the Southwest corner of said Section 151
thence East 273.7 feet along the South line of the Southwest
1/4 of said Section 15; thence North 30 13' West 181.1 feet;
thence North 120.37.5' West 523.9 feet to Station 490+00, the
•n
-Continued-
ROY��pY R
15%
4—A.
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY (CONTINUED)
Point of Beginnings thence North 120 37.5 feet West 489.7 feet
to Station 494+89.71 thence Northerly 310.3 feet along a
1,432.4 foot radius curve, concave Easterly and tangent to the
preceding course, to Station 498+00.
Said parcel is described as follows; All that part of a tract
of land conveyed to Thomas R. Alberhasky by Warranty Deed as
recorded in SBook Page in the Office of the County
Recorder of Johnson County, Iowa, lying Easterly of a line
beginning at a point 132 feet radially distant Westerly from
the centerline on the North line of said tract, thence to a
point 115 ft. nominally distant Westerly from the South line of
said tract" (exception contains 0.38 acres, more or less).
Subject tract contains an estimated net area of 91,700 sq.ft.,
more or less, and is &object to restriction of access the
exast�ng n an��f�om_th�fronage road. The land area is a
rough estimate made by the appraiser. A survey is recommended
to accurately identify the property, and its size.
ROY�R&har
/S47
to
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C11
LOCATION MA
Applicant:
Application No.: Z
................................ �....
NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING ON PROPOSAL TO
DISPOSE OF EXCESS CITY PROPERTY.
TO WHOM IT MAY CONCERN:
You and each of you are hereby notified
that the City Council of the City of Iowa
City, Iowa, has heretofore adopted and
todispose ofthefoowinges
prsot�Noll� proposing
excess City property:
i The first, or upper, floor of the
U -Smash -Em building, premises legally
described as follows:
Beginning at the northwest
corner of Lot Five (5), Block
Forty-three (43), in Iowa City,
Iowa, according to the recorded
plat thereof, thence south 40
feet, thence east 70 feet,
thence north 40 feet, thence
west 70 feet to the point of
beginning, by leasing same to
Southgate Development Company,
Inc. for a term of ten years for
a monthly rental of $420.
You are further notified that a public
hearing on said matter will be held by the
City Council of the City of Iowa City,
Iowa, at its regular meeting to be held at
7:30 o'clock p.m. on the 28th day of
January, 1986, in the City Council Cham-
bers in the Civic Center, 410 East Wash-
ington Street, Iowa City, Iowa, at which
time and place all persons interested in
j said matter will be given an opportunity
to be heard.
TTTIERP—