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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 All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed.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 r - 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 G =1� 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 779 A 2 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 3 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 I _'J� 779 I _'J� 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 _'A� 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 700 r 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. 710 =1� fi- (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 -7 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 x'80 r - 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: 7AI fi- (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 7POa M r - 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, 0 al r - 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 r - 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. 710 `I 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 r - 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. T 7W -,A. 7W -,A.