HomeMy WebLinkAbout1986-05-06 Ordinancet-�
ORDINANCE NO. 86-328S
AN ORDINANCE TO CHANGE THE NAME OF FORMER
U.S. HIGHWAY 218 SOUTH OF U.S. HIGHWAYS 6
AND 1 TO "OLD HIGHWAY 218 SOUTH."
With the recent opening of new U.S. High-
way 218 on the west side of Iowa City,
former U.S. Highway 218 south of U.S.
Highways 6 and I became an unmarked pri-
mary road. As a result, it is necessary
to properly identify the street which was
formerly U.S. Highway 218. Due to the
number of established businesses and
residents having Highway 218 South as
their address, the City Council finds that
it is within the City's best interest to
retain as much of the farmer name as
possible.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF IOWA CITY, IOWA:
SECTION I. That the name of former U.S.
Highway 218 south of U.S. Highways 6 and
1, is hereby changed to Old Highway 218
South.
SECTION II. This ordinance shall be in
TuTl—%rce and effect when published by
law.
SECTION III. REPEALER. All ordinances
and parts of ordinances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY. If any sec-
tion, provision or part of invathe Ordinance
shall be adjudged to be lid 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 VI. EFFECTIVE DATE. This Ordi-
nance shall a in effect after its final
passage, approval and publication as
required by law.
Passed and approved this 6th day of
Play, 1986.
YOR pFo-Atem
ATTEST: 4z�,,,) 4.1 444.)
CITY CLERK
7100
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It was moved by
Strait , and seconded by McDonald ,
that the Ordinance as rea e a op ed and upon roll call there were:
AYES:
NAYS: ABSENT:
X AMBRISCO
X
BAKER
771
COURTNEY
x_
__ DICKSON
X
MCDONALD
�—
STRAIT
X
ZUBER
First consideration 4/22/86
Vote for passage: Ayes: Courtney, Strait, Zuber,
Ambrisco, Baker. Nays: None. Absent: Dickson,
�kDonald.
Second consideration XX) --M
Vote for passage
Date published 5/14/86
Moved by Strait, seconded by McDonald, that the rule
requiring ordinances to be considered and 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: Courtney, Dickson,
PkDonald, Strait, Zuber, Baker. Nays: none. Absent:
Ambrisco.
Recanmd & Awrovac!
771
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ORDINANCE NO. 86-3286
ORDINANCE AMENDING THE ZONING REGULATIONS
CONCERNING MONUMENT SIGNS IN THE CB -10
ZONE,
The City Council hereby finds that
greater flexibility is required when
specifying the intended height and area of
monument signs permitted in the CB -10
zone. Not all properties are or will be
developed with a zero front yard setback
in the CB -10 zone which is the expectation
underlying the current ordinance. For
those properties with a front yard set-
back, incremental increases in sign height
and area are to be permitted if the monu-
ment sign is not placed at the point
closest to the front property line. This
permits greater flexibility in sign place-
ment on the property without disrupting
the aesthetic character of the Central
Business District.
A clarification of the definition of
monument signs is also provided as it
applies to all zones. The new definition
clarifies the intended function and char-
acter of monument signs and will alleviate
confusion on what is a monument sign.
SECTION I. AMENDMENTS.
1. Section c )a. is amended by
the addition of the following subsec-
tion:
6. One monument sign identifying not
more than four (q) business names.
2. Sections 36-61(m)(2) and Section
36-62(c)(5)b.l., of the Code of Ordi-
nances are hereby deleted in their
entirety and the following are in-
serted in lieu thereof:
Section 36-61(m). Definitions.
(2) Monument sign. A sign displaying
the name, address, crest, insignia or
trademark, occupation or profession of
occupants of a building or the name of
the building and which is firmly an-
chored to the ground. Such a sign
does not contain any advertising or
promotional information.
3. Section 36-62(c)(5)c.2. is amended by
the addition of the following new
subsection.
e. �Sig�n. Monument
Faximum Area andHeight. The
maximum sign area no
sign face
may exceed one-half the maximum
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allowable area) and height above
grade shall not exceed the areas
and heights shown below, based
upon the distance between the
closest part of the sign and the
closest property/right-of-way
line:
Distance Between
maximum
Sign Location and
Height
Property/Right-of-
maximum
Above
Way Line
Allowable Area
Grade
0' - 9'11'
48 sq. ft.
5 ft.
10' - 14'11'
51
6
is, '19,11"
54
7
213' '24'11"
57
a
25' '29'11"
60
8
3n' '34'11'
63
8
35' '39'11*
66
8
40' - 44'11'
69
8
45' and above
72
a
779
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SECTION 1I. REPEALER. All ordinances and
pars o or te
mans in conflict with the
provision of this ordinance are hereby
repealed.
SECTION III. SEVERABILITY. If any Bec-
ton, provtston or par o 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 s a a to a et a ter its final
passage, approval and publication as
required by law.
Passed and approved this 6th day of
May, 1986.
—.
MAYOR Proro, ;itam
ATTEST: "lL y t
�g — C�IT�Y CLER"�
p;, TI I n...r .
71,9
=lav
r -
I
I
It was moved by Strait , and seconded by McDonald
, that the Or um—c—e as rea e a opted and upon roll call there
were:
AYES:
NAYS: ABSENT:
_ X AMBRISCO
X
BAKER
X
COURTNEY
X
DICKSON
X
MCDONALD
X
STRAIT
X
ZUBER
First consideration 4/22/86
Vote for passage: yes: Baker, Courtney, Strait, Zuber,
Ambrisco. Nays: None. Absent: Dickson, McDonald.
Second consideration XXXX
Vote for passage
Date published 5/14/86
Moved by Strait, seconded by McDonald, that the rule
requiring ordinances to be considered and 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: Baker, Courtney, Dickson,
McDonald, Strait, Zuber. Nays: None. Absent: Ambrisco.
'T
779
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779
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SOUTHGATE DEVELOPMENT �' ,
325 East Washington Street
Iowa City, Iowa 52240
(319) 337.4195
May 5. 1966
Honorable Mayor William Ambrisco
410 East Washington Street
Iowa City, Iowa 52240
Dear Mayor Ambrisco:
This Letter is to ask the City Council to waive the three reading requirment
and give third and final consideration to item No. 5b on the May 6, 1986
Agenda.
This action would greatly assist us in proceeding with the necessary design
review approvals for signage with the Commerce Center.
Thank you very much for your cooperation in this matter.
Sincerely,
Glenn R. Siders
Construction Consultant
cc: All Council Members
Acting City Manager
Planning Dept.
7?9
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ORDINANCE NO. 86-3287
ORDINANCE TO AMEND THE LARGE SCALE
NON-RESIDENTIAL DEVELOPMENT REGULATIONS,
CHAPTER 27 OF THE IOWA CITY MUNICIPAL
CODE, TO PERMIT ADMINISTRATIVE APPROVAL OF
FINAL PLANS.
WHEREAS, the City of Iowa City wishes to
enhance development opportunities within
the City and provide landowners and devel-
opers with the ability to respond quickly
to new or expanding business proposals;
and
WHEREAS, it is equally important to the
citizens of Iowa City and the economic
health of the community to maintain the
quality of life we enjoy here; and
WHEREAS, the Large Scale Non -Residential
Development regulations are intended to
provide adequate review of such develop-
ment without impeding development; and
WHEREAS, those regulations require amend-
ment for clarity of usage and to provide
some flexibility in the marketing of
developable parcels.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY:
SECTION I. AMENDMENTS. That Chapter 27,
Article III, Division 2 shall be amended
by deleting said Division and inserting in
lieu thereof the following:
DIVISION 2. NON-RESIDENTIAL
Sec. 27-36. Definition.
As used in this division, the term
"large scale non-residential develop-
ment" shall mean an office, commercial
or industrial building built upon a
separate tract equal to or greater than
two (2) acres in area.
Sec. 27-37. Requirements - Preliminary
plan.
Whenever the owner of a tract of land
wishes to secure a building permit for
an office, commercial or industrial
building on a tract of land of a size as
described in section 27-36 of this
division, he/she shall submit to the
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city twelve (12) copies of a preliminary
plan and application for preliminary
approval in accordance with the require-
ments of this division. The preliminary
plan shall be composed of two (2) parts:
The existing site plan, and the develop-
ment site plan.
(a) Exist in site plan. A plan of the
existing con 1 ions o he area proposed
for development shall include:
(1) Location map.
(2) Contours at five (5) feet inter-
vals or less.
(3) Approximate location of all ex-
isting streets and public utili-
ties.
(b) Development site plan. The pre-
liminary pan Of the proposed develop-
ment shall include:
(1) General land use arrangement show-
ing proposed location of buildings,
approximate size of buildings,
general use of the buildings (major
department store, automobile serv-
ice station, specialty retail,
manufacturing, wholesaling, etc.),
proposed location of any public or
semi-public areas (malls, arcades,
park -ways, parks, etc.)
(2) Traffic circulation pattern showing
the transportation system proposed
for the development area including
automobile, railroad, bus and
pedestrian elements. Traffic circu-
lation patterns shall also indicate
all of the proposed access points
to the development area.
(3) Parking facilities showing the
areas to be. used for public and
private parking and the approximate
capacity of these.
(4) The proposed methods of buffering
the development area to adjacent
land uses shall be shown (walls,
fences, planting strips, open
spaces, etc.).
(5) The preliminary plan may set rea-
sonable parameters relating to use,
parking requirements, landscaping
access points and the footprint of
each building within the develop-
ment. A letter outlining a tenta-
tive time schedule for development
shall be submitted by the
owner/applicant.
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(6) The preliminary development plan
shall also show information of
general interest including legal
description of the tract, develop-
ment name, north point, scale,
date, approximate acreage and name
of owner. The preliminary plan
shall be drawn to a scale of not
less than one (1) inch to one
hundred (100) feet.
Sec. 27-38. Same - Preliminary plan fee.
A fee shall be paid at the time the
preliminary plan required by this divi-
sion is submitted to the city, in an
amount to be established by resolution.
Sec. 27-39. Procedure - Preliminary plan
approval.
Upon filing of the preliminary plan
required by this division the City Clerk
shall submit the plan to the City Man-
ager. The City Manager shall cause the
same to be examined in order to assure
compliance with the requirements of this
chapter and of all other applicable City
ordinances. The Planning and Zoning
Commission shall also study the prelimi-
nary plan and review the reports of the
City Manager and shall approve or reject
the same within forty-five (45) days
after the submission thereof to the City
Clerk, by filing their recommendation
with the clerk. If the commission does
not act within forty-five (45) days the
plan shall be deemed to be approved,
provided however, the applicant may
agree to an extension of time. The City
Council shall, after receiving the
recommendation of the Planning and
Zoning Commission, or after the time of
any extension thereof is passed for the
Commission to file its recommendation,
make tentative approval or rejection of
such preliminary plan. The approval of
the preliminary plan by the Council does
not constitute the approval of the de-
velopment but is merely an authorization
to proceed with the preparation of the
final plan based on the parameters set
in the preliminary plan. Approval of
the preliminary plan shall be effective
for a period of twenty-four (24) months
unless, upon written request of the
applicant, the council grants a twelve
(12) month extension of time. If tfia
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r-
final plan is not filed with the City
Clerk within the period of time speci-
fied above, all previous action of the
City with respect to the preliminary
plan shall be deemed to be null and
void. If a building permit has not been
issued within thirty-six (36) months of
the date of original preliminary plan
approval, a new preliminary plan must be
approved according to the procedures, of
Section 27.39.
In no case shall approval of the
preliminary plan conflict with any
zoning ordinance or map or have the
effect of nullifying the intent of this
division.
Sec. 27-40. Requirements - Final plan.
Three (3) copies of the proposed final
plan of a proposed large scale
non-residential development shall be
submitted shall be accompanied by:
(1) A signed statement of intent from
the developer including:
a. Evidence of ownership of the
property or options to purchase
or concurrence in the applica-
tion by the owner.
b. A description of the proposed
development.
C. An intended time schedule for
the completion of the develop-
ment.
(2) All instruments relating to pro-
posed easements and dedications of
land for Public uses (streets,
alleys, malls, arcades, parks,
etc.).
(3) A petition signed by the owner and
his/her spouse petitioning the city
council to pave any streets abut-
ting such tract, which petition
waives notice of time and place of
hearing and waives statutory pro-
tection and limitations as to cost
and assessment.
(4) An agreement providing that all
public improvements and installa-
tions shown on the plan, and re-
quired by the city, have been or
will be made.
Sec. 27-41. Procedure - Final plan.
The final plan shall meet all of the re-
quirements of Section 27-40 and shall be
specific within the parameters set by
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the approved preliminary plan. In the
event the final plan submitted does not
deviate from the parameters of the
preliminary plan and review by the city
reveals that all plans and specifica-
tions for the construction of improve-
ments as required by the city have been
met, the final plan shall be approved by
the City Manager or his/her designee
prior to issuance of a building permit
unless both the city and the owner waive
the requirement in writing. A final
plan which does not fall within the
parameters set by the preliminary plan
or which does not show compliance with
all applicable City ordinances shall
require approval according to procedures
set forth for preliminary plans in
Section 27-39. In no case shall ap-
proval of the preliminary or final plan
conflict with any zoning ordinance or
map or have the effect of nullifying the
intent of this division.
Sec. 27-42. Same - Final plan fee.
A fee, in an amount to be established by
resolution, shall be paid at the time
the final plan, or a combination of
preliminary and final plans, is sutmit-
ted to the city.
Sec. 27-43. Improvements.
(a) Specifications. The type of con-
struction—unT materials, the meth-
ods, the standards of a development
or improvement under this division
shall be equal to the current speci-
fications of the city for like work.
Plans and specifications shall be
submitted to the City Manager for
approval prior to construction and
the construction shall not be
started until the plans and specifi-
cations have been approved.
(b) Ins ection. The City Manager shall
cause a installation of all im-
provements to be inspected to ensure
compliance with the requirements of
this division. The cost of such
inspection shall be borne by the
developer and shall be the actual
cost of the inspection to the city.
(c)Streets and other public ways.
streets and other public ways in
developments covered by this divi-
sion shall conform to the following:
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(1) The development shall make
provision for the continuation
and extension of streets as
required by the city and shall
conform to the Comprehensive
Plan.
(2) Streets carrying or which have
the potential of carrying
non-residential traffic, espe-
cially truck traffic, shall not
normally be extended to the
boundaries of adjacent existing
and potential residential areas,
or connected to streets intended
for predominantly residential
traffic.
(3) Proposed points of access onto
Public streets and ways shall be
shown.
Special requirements may be imposed
by the city with respect to street,
curb, gutter and sidewalk design and
construction when necessary to
accommodate unusual traffic condi-
tions created by the proposed devel-
opment. In the event the city
requires extra width streets for the
continuation of arterial or collec-
tor streets (and not solely to
accommodate the traffic generated by
the proposed development), the city
shall pay for the excess pavement
required over that required for a
twenty-eight (28) foot local resi-
dential street. This excess shall
be considered a strip in the center
of the pavement. The cost of this
shall be calculated by the city
engineering office.
(d) Sewers. The developer shall provide
�aevelopment with a sanitary
sewer system which shall connect
with the sanitary outlet approved by
the city manager. The sewer shall
extend to the development boundaries
as necessary to provide for the
extension of sewers by adjacent
property. In the event the city
requires a sewer system which has a
capacity greater than is needed to
service the development itself, the
city shall pay on a pro rata basis
for the excess costs over that which
is necessary to service the develop-
ment itself. Other developments or
subdivisions which connect with such
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systems shall on a pro rata basis
reimburse the city for the cost of
the additional systems which shall
service that area.
(e) Storm drains. The developer shall
provide the development with ade-
quate drains, ditches, culverts,
complete bridges, storm sewers,
intakes and manholes to provide for
the collection and removal of all
surface waters. These improvements
shall extend to the boundaries of
the development as necessary to
provide for extension by adjoining
Properties. In the event that the
city requires a storm drain system
which has capacity greater than is
needed to service the development
itself, the city shall pay on a pro
rata basis for the excess costs over
that which is necessary to service
the development itself. Other
developments or subdivisions which
connect with such system shall on a
pro rata basis reimburse the city
for the cost of the initial system
which shall service that area.
(f) Water. The developer shall provide
the development with a complete
water main supply system, including
hydrants, valves and all other
appurtenances which shall be ex-
tended to the boundaries of the
development as necessary to provide
for extension by adjoining proper-
ties and which shallbe connected
to the municipal water system.
(g) Sidewalks. A four (4) foot wide
concrete sidewalk shall be provided
and shall be located pursuant to
Chapter 31 of this Code of Ordi-
nances.
Sec. 21-44. Building permits.
(a) No building permits will be issues
for a large scale non-residential
development until approval of the
final plan and attendant docu-
ments.
(b) If the developer knows the stages
or phases of his/her project at the
time of preliminary plan approval,
the supporting elements for each
phase may be specified by the
planning and zoning commission at
that time. Required buffering,
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parking and transportation facili-
ties, which were specified by the
planning and zoning commission as
being necessary to support the
stage or phase of the development
for which the building permit is
desired shall be included in the
building permit.
Sec. 21-45. Exceptions to division.
(a) Modification of requirements. If
in the case of a particu ar. pro-
posed development, it can be shown
that strict compliance with the
requirements in this division would
result in extraordinary hardship to
the developer because of unusual
topography, excessive costs, or
other non -self-inflicted condi-
tions, or that these conditions
would result in prohibiting the
achievements of the objectives of
this division, the planning and
zoning commission may vary, modify,
or waive general requirements so
that substantial justice may be
done and the public interest se-
cured, provided, however, that such
variance, modification or waiver
will not have an effect on
nullifying the intent and purpose
of this division.
(b) Limitations. No variation or
mo i ica ion shall be more than a
minimum easing of the general
requirements and in no instance
shall it be in conflict with any
zoning ordinance or map. Such
variations and waivers may be
granted by an affirmative vote of
the members of the commission. In
granting variations and modifica-
tions, the commission may require
such conditions as will in the
judgment of the commission secure
substantially the objectives of the
requirements so varied and modi-
fied.
(c) unusual Plans. This division shall
not Preclude the approval of devel-
opment designs of an unusual type
if, in the opinion of the planning
and zoning commission, the general
and aesthetic merit, the preserva-
tion of natural and topographic
features and the prospective
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enhancement of the community would
warrant the waiving of technical
requirements as set forth in this
division.
(d) Council action. In all cases of
variance, modification or a waiver
of the general requirements it will
be necessary to have the city coun-
cil approve the same and note this
fact in the resolution approving
the development plan. The council
may also modify, vary or waive the
general requirements on its motion
for good reasons shown, even if the
planning commission refused to do
SO.
Sec. 27-46. Temporary buildings.
(a) Temporary buildings shall be exempt
from the provision of this chapter.
For the purpose of this chapter, a
temporary building shall be defined
as a structure which shall remain
on the site for less than (2)
years and its occupancy or use
shall be limited to services which
shall be performed temporarily for
the owner of the site, such as
construction. Temporary buildings
shall not be occupied by the
owner's personnel, or used to
conduct the owner's business or
activity.
(b) It shall be unlawful to occupy or
use the temporary building in
violation of this section or to
allow the building to remain on the
site beyond the two (2) years
specified herein. If special
circumstances require an extension
of the use, the building inspector
may grant an extension not to
exceed six (6) months.
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SECTION II. REPEALER: All ordinances and
parts of ordinances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION III. SEVERABILITY: If any sec -
ion, provision or par o 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 s a a in a ec a ter its final
passage, approval and publication as
required by law.
Passed and approved this 6th day of
Diay, 1986.
MAYO�RproA eke
ATTEST: •-�-•% 91s���
CITY CLERK
Received A Approved
By The lrpal Doparlmcnl
`7
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It was moved by Strait , and seconded by Courtney
that the Or u:ance as rea e a opted and upon roll call there
were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X COURTNEY
X 'DICKSON
X MCDONALD
X STRAIT
X ZUBER
First consideration 4/22/86
Vote for passage: yes: u er, risco, Baker, Courtney,
Strait. Nays: None. Absent: Dickson, McDonald.
Second consideration
Vote for passage
Date published 6/14/86
Moved by Strait, seconded by Courtney, that the rule
requiring ordinances to be considered and 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: Zuber, Baker, Courtney,
Dickson, McDonald, Strait. Nays: None Absent: Ambrisco.
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