HomeMy WebLinkAbout1998-07-28 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 28th day of July,
1998, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. An ordinance amending City Code
Title 14, Chapter 6, entitled "Zoning," Article
V, entitled "Minor Modification Procedures,"
to allow the height of free-standing signs to
be increased under certain circumstances.
Copies of the proposed ordinance are on
file for public examination in the office of the
City Clerk, Civic Center, Iowa City, Iowa.
Persons wishing to make their views known for
Council consideration are encouraged to appear
at the above-mentioned time and place.
MARlAN K. KARR, CITY CLERK
ppdadm/np~-O728.doc
City of Iowa City Council Members
410 East Washington St.
Iowa City, Iowa 52240-1826
06/19/98
Dear Council Members;
My name is Steve Grobin, Manager of our family owned PNP convenience store
located in the Winebrenner development at # 2 Escort Lane Iowa City, Iowa.
Starting in April this year I contacted Melody Rockwell regarding problems with
the CI1 zoning rules regarding maximum sign heights at our highway 1 & 218 site.
With the 25' rule for CI1 we are unable to be seen for people traveling along 218
especially going southbound. We have been holding off the installation of our final
sign (which is on our approved site plan) to see if this could be reviewed.
Melody Rockwell & Robert Miklo then assisted with a revision to create a
city-initiated amendment (subsection 14-6V-3) to permit the allowable height of
freestanding signs to be adjusted administratively through the minor modification
process. The Planning and Zoning commission recommended approval of the code
amendment at it's June 18th meeting.
With 6-8 weeks required to custom order a sign pole for our 10'x10' Citgo sign I
would like for the council members to please expedite this amendment so that I may
proceed with the Iowa City Building Department to apply for a sign permit.
Your immediate attention to this matter will be greatly appreciated
Sincerely,
Steve Grobin
Petro N Provisions
P.O. Box 1877 #2 Escort Lane
Iowa City, Ia 52244
RECEIVED
JUN 23 1998
P.C.D. DEPARTMENT
City of Iowa City
MEMORANDUM
Date: June 12, 1998 (for June 18 Commission meeting)
To: Planning and Zoning Commission
From: Melody Rockwell
Re: Proposed Code Amendment: Minor Modification for Height of Freestanding Signs
In April of this year, Steve Grobin contacted the City concerning the height permitted for a
freestanding sign for property located in the Intensive Commercial (C1-1) zone at the
southwest intersection of Highways 218 and 1. The Grobin family owns the Petrol N
Provisions (PNP) business at that location. The C1-1 zone limits the height of freestanding
signs to 25 feet. Because of the difference in elevation between Highway 218 and the
PNP site, only the top two feet of a freestanding sign 25 feet in height on the PNP site is
visible for vehicles traveling south on Highway 218. Grobin contends that a 35-foot high
sign would enable PNP to have a sign that is visible as travelers are approaching the off-
ramp.
The sign height regulations may work as intended where there is fairly flat topography, or
less variation between the road elevation and the property elevation, but may not be as
effective where the lay of the land ends up blocking the visibility of signs adjacent to a
major expressway. Staff considered a number of options to determine the most
appropriate way to allow signs in such situations to be visible, but not overly-obtrusive. It
was noted that the Highway Commercial (CH-1) zone permits one freestanding sign that is
65 feet high for property that is within 1,000 feet of an interstate right-of-way. This
provision of the ordinance recognizes that taller signs may be necessary for sufficient
visibility adjacent to high-speed expressways. The property is now zoned C1-1. Staff could
not support the rezoning of this commercial area to CH-1 due to limited sanitary sewer
capacity for this area. The sewer capacity would be insufficient to serve the types of uses
permitted in the CH-1 zone, such as hotels, motels and large restaurants. Further,
Highway 218 is technically not an "interstate" highway, so the provision allowing taller
signs in the CH-1 zone would not apply even if the property were rezoned to CH-1.
Staff also reviewed whether a variance application to the Board of Adjustment would be an
appropriate avenue of remedy. Staff could not recommend support for a variance, because
the three tests of hardship could not be met, and all three tests (economic, uniqueness,
and control) must be met in order for a variance to be granted by the Board of Adjustment.
Because the situation of a lack of visibility of signage due to a change in elevation is not
unique to the PNP property, and a relatively minor change is being requested, staff felt the
situation would be better addressed through a text amendment instead of a rezoning or a
variance; to address it through the minor modification process. Staff proposes to allow the
height of a freestanding sign to be increased by up to ten feet through the granting of a
minor modification if the site is within 1,000 feet of a divided, limited access highway and
there is an elevation difference between the site and the roadway that effectively blocks
visibility of the sign.
The minor modification process is handled administratively through the Housing and
Inspection Services Department to allow minor adjustments to the Zoning Chapter
requirements, such as minimal reductions in parking for commercial uses or decreases in
setback (front, side or rear yard) requirements. Through the minor modification process, an
allowable height of a wall or fence may be increased 25 percent, but can be no greater in
height than eight feet in height, and a building height can be increased up to 10 percent.
Certain standards or findings must be met in order for the administrator to grant a minor
modification. (A copy of the Minor Modifications section of the Zoning Chapter is
attached.) To allow the height of a freestanding sign to be increased through the minor
modification process to ensure sufficient visibility of the sign seems, in staff's view, to be
reasonable and appropriate. This approach will allow the City to apply the sign regulations
with more flexibility and parity when this type of situation occurs.
STAFF RECOMMENDATION
Staff recommends amending the Zoning Chapter by adding a new subsection G to the
applicability section of Article V. Minor Modification Procedures. The new subsection 14-
6V-3G is recommended to read as follows:
Height of a freestanding sign may be increased by up to ten feet if
the property is within 1,000 feet of a divided, limited access
highway, and there is a difference in topographical elevations
between the property and the highway, such that the visibility of
the sign from the highway would be obstructed if the sign were
limited to the height permitted by ordinance.
ATTACHMENT:
1. Article V,, Minor Modification Procedures, Iowa City Zoning Chapter
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
14-6V- 1 14-6V-3
CHAPTER 6
ZONING
ARTICLE V. MINOR MODIFICATION PROCEDURES
SECTION:
14-6V-1:
14-6V-2:
14-6V-3:
14-6V-4:
14-6V-5:
14-6V-6:
14-6V-7:
14-6V-8:
14-6V-9:
Purpose
Application
Applicability
Administrative Hearing and
Notice; Findings
Precedents
Burden of Proof
Minor Modification Expiration;
Time Extensions
Revocation
Appeals
14-6V-1: PURPOSE: These provisions
shall ensure the following:
Minor modifications from standards
contained in this Chapter may be
granted only when, due to special
circumstances applicable to a proper-
ty, strict application of this Chapter is
impractical and deprives that property
of privileges enjoyed by other property
in the vicinity and in identical zoning
districts.
B,
Any minor modification granted shall
be subject to the requirements of this
Article and in conformity with the in-
tent and purpose of this Chapter.
(Ord. 94-3623, 6-14-94)
14-6V-2: APPLICATION: An application
for a minor modification shall
comply with the requirements set forth in
this Article. (Ord. 94-3623, 6-14-94)
14-6V-3: APPLICABILITY: The Building
Official may grant minor modifi-
cations from the requirements of this Article
in compliance with the following standards:
Parking for commercial uses may be
reduced up to ten percent (10%).
Height of a wall or fence may be in-
creased up to twenty five percent
(25%), but in no case shall a minor
modification allow a fence greater
than eight feet (8') in height.
C,
Height of a building may be increased
up to ten percent (10%).
Sideyards may be reduced up to two
feet (2'), but in no case shall a
sideyard be reduced to less than three
feet (3') in width.
Other yards may be reduced up to
fifteen percent (15%) of the required
setback. (Ord. 94-3623, 6-14-94)
One space for parking for persons
with disabilities may be located in a
required front yard for commercial
uses in a C zone, when adjacent to a
R zone, where the topography or
shape of the lot preclude compliance
with the location requirements of the
Off-Street Parking regulations, sub-
Iowa City
1095
14-6V-3 14-6V-7
section 14-6N-1B3b. (Oral 95-3693,
9-26-95)
Any requests for modifications which ex-
ceed the limitations set forth above and all
other requests for modifications of the re-
quirements of this Chapter require the filing
of a special exception and/or variance ap-
plication with the Board of Adjustment.
(Ord. 94-3623, 6-14-94)
14-6V-4: ADMINISTRATIVE HEARING
AND NOTICE; FINDINGS:
Hearing: Upon receipt of a complete
minor modification application, an
administrative hearing shall be set.
Ten (10) days prior to the administra-
tive hearing, written notice shall be
sent to property owners within two
hundred feet (200') of the exterior
boundaries of the property.
B. Findings:
1. Following an administrative hearing,
the Building Official shall issue a writ-
ten decision which recites the findings
upon which the decision is based. The
property owner shall record the deci-
sion in the office of the County Re-
corder.
2. The Building Official may approve
and/or modify an application, in whole
or in part, with or without conditions,
only if the Building Official makes all
of the following findings:
a. Special circumstances apply to
the property such as size, shape,
topography, location or surroundings.
b. The minor modification will not
be detrimental to the public health,
safety, or welfare or be injurious to
other property or improvements in the
vicinity and in the zoning district in
which the property is located.
c. The minor modification does not
exceed the minor modification stan-
dards or allow a use or activity not
otherwise expressly authorized by the
regulations governing the subject
property.
d. The minor modification is in
conformity with the intent and purpose
of this Chapter.
e. The minor modification does not,
in any way, alter the applicant's obli-
gation to comply with other applicable
statutes, ordinances, laws or regula-
tions. (Ord. 94-3623, 6-14-94)
14-6V-5: PRECEDENTS: The granting of
a minor modification is not
grounds for granting other minor modifica-
tions for the same or differing properties.
(Ord. 94-3623, 6-14-94)
14-6V-6: BURDEN OF PROOF: The appli-
cant bears the burden of proof
and must support each of the required find-
ings by a preponderance of the evidence.
(Ord. 94-3623, 6-14-94)
14-6V-7: MINOR MODIFICATION EXPI-
RATION; TIME EXTENSIONS:
Exercise of Approval: A minor modifi-
cation must be exercised within one
hundred eighty (180) days from the
date of approval or the minor modifi-
cation shall become null and void.
1095
Iowa City
14-6V-7 14-6V-9
Time Extensions: For good cause, the
Building Official may grant time exten-
sions not to exceed a total of twelve
(12) months from the date of the deci-
sion. Prior to granting an extension,
the Building Official shall ensure that
the minor modification complies with
all current Zoning Code provisions.
(Ord. 94-3623, 6-14-94)
14-6V-8: REVOCATION: The Building
Official may revoke or modify a
minor modification if any one of the follow-
ing occurs:
The grantee has not substantially
exercised the rights granted by the
minor modification.
The minor modification was obtained
by misrepresentation or fraud.
The applicant ceases or suspends
work on the improvement authorized
pursuant to the minor modification for
six (6) or more consecutive calendar
months.
The improvement authorized pursuant
to the minor modification violates any
applicable statute, ordinance, law or
regulation.
The improvement permitted by the
minor modification is detrimental to
the public health, safety or welfare or
constitutes a nuisance. (Ord. 94-3623,
6-14-94)
14-6V-9: APPEALS: The applicant may
appeal the decision of the Build-
ing Official to the Board of Adjustment.
(Ord. 94-3623, 6-14-94)
Iowa City
1095
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council
of Iowa City will hold a public hearing on the
28th day of July 1998, at 7:00 p.m. in the
Council Chambers of the City of Iowa City, 410
E. Washington Street, Iowa City, Iowa,
regarding an Ordinance amending Title 8,
Chapter 5, entitled "Miscellaneous Offenses",
of the City Code by adding a new section 8,
entitled "Nuisance Party Regulations", to
establish local regulations defining nuisance
parties; to establish a duty for party hosts to
control the premises where a party is held; to
establish authority by the Chief of Police to
order dispersal of such parties; to establish an
obligation on attendees to disperse upon order
of the Chief of Police, and to establish penalties
for violation of such regulations.
Persons interested in expressing their views
concerning this matter, either verbally or in
writing, will be given the opportunity to be
heard at the above-mentioned time and place.
MARlAN K. KARR, CITY CLERK
sarah\police\partyord.nph
Prepd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING THE CITY CODE OF THE CITY OF IOWA CITY, IOWA, BY
ENACTING A NEW SECTION NUMBERED 8-5-8, ENTITLED "NUISANCE PARTY
REGULATIONS," PROVIDING FOR THE DEFINITION AND REGULATION OF NUISANCE
PARTIES. AND PROVIDING A PENALTY FOR VIOLATIONS OF SAID REGULATIONS.
WHEREAS, it is the intent of the Iowa City City Council to address and discourage criminal behavior
and negative externalities associated with uncontrolled social gatherings and parties; and
WHEREAS, it is the intent of the Iowa City City Council to hold persons sponsoring and/or hosting
social gatherings and parties accountable and responsible for behaviors and negative externalities
associated with such gatherings and parties; and
WHEREAS, placing nuisance regulations on such gatherings and parties will address negative
impacts associated with such gatherings and parties through accountability and penalties; and
WHEREAS, placing nuisance regulations on social gatherings and parties is in the best interests of
the health, safety and welfare of the citizens of Iowa City, Iowa for the reasons stated above.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 8, Chapter 5, entitled "Miscellaneous Offenses" of the City Code be
hereby amended by adding a new section 8, entitled "Nuisance Party Regulations", as follows:
Section 8-5-8: Nuisance Party Regulations
A. Nuisance Party Defined. A social gathering or party which is conducted on premises within the
City of Iowa City and which, by reason of the conduct of those persons in attendance, results in any
one or more of the following conditions or events occurring at the site of said party or social gathering,
or on neighboring public or private property: public intoxication; unlawful consumption of beer, wine
or alcoholic beverages in a public place; outdoor urination or defecation in a public place or in public
view; the unlawful sale, furnishing, dispensing or consumption of beer, wine or alcoholic beverages,
including but not limited to the sale, furnishing, dispensing or consumption of beer, wine, or alcoholic
beverages to persons under legal age in contravention of state law; the unlawful deposit of litter or
refuse; the damage or destruction of property without the consent of the owner of said damaged
property; unlawful pedestrian or vehicular traffic; standing or parking of vehicles that obstructs the free
flow of traffic on the public streets, sidewalks and/or right-of-way, or that impedes the ability to render
emergency services; unlawfully loud noise; disorderly house; disorderly conduct; or, any other conduct
or condition that threatens injury to persons or damage to property is hereby declared to be an unlawful
public nuisance. For the purposes of this section, if there has been an arrest or citation in lieu of arrest
of any person or persons in attendance at said social gathering or party for any criminal violation or
municipal infraction, including, but not limited to, those criminal violations and/or municipal infractions
Ordinance No.
Page 2
enumerated above, there shall be a rebuttable presumption that the social gathering or party is a
nuisance party in violation of this section.
B. Duty to Control Premises. Any person who is an owner, occupant, tenant, or otherwise has any
possessory control, individually or jointly with others, of any premises, and who either sponsors,
conducts, hosts, invites, or permits a social gathering or party on said premises which is or becomes
a public nuisance as defined in subsection (A) above, and which nuisance is either the intentional result
of, or within the reasonable expectations of, the person or persons having such possessory control is
deemed to be in violation of this section.
C. Dispersal; Failure to Disperse. Attendees of a party or social gathering that is or becomes a
public nuisance as defined in subsection (A) above shall cease and disperse immediately upon the order
of the Chief of Police of the City of Iowa City, or the Chief's designee. Any person who fails or refuses
to obey and abide by such order shall be guilty of a violation of this section.
D. Violation; Penalty. Violations of this section may be prosecuted as a simple misdemeanor or as
a Municipal Infraction, as provided for in Title 1, Chapter 4 of this Code, as amended.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
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 provided by law.
Passed and approved this __ day of
,1998.
MAYOR
ATTEST:
CITY CLERK
City Attorney's Office
sarah/police/party,ord
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATED COST FOR
RIVERSIDE DRIVE / ARTS CAMPUS
STORM SEWER PROJECT - PHASE I
CITY OF IOWA CITY / UNIVERSITY OF IOWA
IN THE CITY OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City
Council of the City of Iowa City, Iowa, will con-
duct a public hearing on plans, specifications,
form of contract and estimated cost for the con-
struction of the Riverside Drive / Ads Campus
Storm Sewer Project - Phase I, City of Iowa
City/University of Iowa in said City at 7:00 p.m.
on the 28th day of July, 1998, said meeting to be
held in the Council Chambers in the Civic Center
in said City.
Said plans, specifications, form of contract
and estimated cost are now on file in the office
of the City Clerk in the Civic Center in Iowa City,
Iowa, and may be inspected by any interested
persons.
Any interested persons may appear at said
meeting of the City Council for the purpose of
making objections to and comments concerning
said plans, specifications, contract or the cost of
making said improvement.
This notice is given by order of the City
Council of the City of Iowa City, Iowa and as
provided by law.
MARlAN K. KARR, CITY CLERK
PH-1
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATED COST FOR
THE 1998 PAVEMENT MARKING PROJECT
IN THE CITY OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City
Council of the City of Iowa City, Iowa, will conduct
a public hearing on plans, specifications, form of
contract and estimated cost for the construction of
the 1998 Pavement Marking Project in said City
at 7:00 p.m. on the 28th day of July, 1998, said
meeting to be held in the Council Chambers in
the Civic Center in said City.
Said plans, specifications, form of contract and
estimated cost are now on file in the office of the
City Clerk in the Civic Center in Iowa City, Iowa,
and may be inspected by any interested persons.
Any interested persons may appear at said
meeting of the City Council for the purpose of
making objections to and comments concerning
said plans, specifications, contract or the cost of
making said improvement.
This notice is given by order of the City Council
of the City of Iowa City, Iowa and as provided by
law.
MARlAN K. KARR, CITY CLERK
pweng/nph-0728 .doc
City of Iowa City
MEMORANDUM
July 27, 1998
To: Steve Atkins
From: Rick Fosse ~'
Re: Pavement Striping
A public hearing is scheduled for July 28, 1998 on a contract to install epoxy
paint pavement markings on some of the City's arterial and collector streets.
The estimated cost of this product as a contracted installation. is estimated at
$7.20 a lineal foot. This cost does not appear to compare favorably with the
City's current cost of Lane striping which is $0.28 a lineal foot.
However the paint available today, i.e. latex paint for standard street striping
equipment, does not provide for an acceptable lane delineation. Two problems
are apparent with the use of latex paint. First, latex paint has a tendency to pick
up road dirt within the first month of application, therefor minimizing the visual
benefit. Second, it appears to show signs of wear by early fall and in most cases
has totally disappeared by mid-winter. It is apparent from this past year that,
latex paint and the method of application does not provide acceptable lane
markings on Iowa City's streets and an alternative product must be considered.
Epoxy paint provides an alternative. Epoxy paint is a much more durable
product that will be in place with good performance for a minimum of 36 months
with likely usable life for another 12 months for a total of 48 months. Using
epoxy paint pavement markings will ensure that pavement markings are present
throughout the winter, in early spring and year round.
In addition to the fact that paint markings that provide color, pavement markings
also use a dropped in place glass bead. It is the glass beads that reflect
headlights and provide nighttime visibility for vehicular drivers. Latex paints
commonly are mixed with glass beads at a rate of six pounds per gallon. In
contrast epoxy paints are mixed with 25 pounds of glass beads per gallon.
Epoxy paint will provide superior reflective line characteristics for the extended
life of the epoxy paint product.
Public Works recommends proceeding with the contract to install epoxy paint to
insure continuous lane delineation along Iowa City streets.
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council
of Iowa City will hold a public hearing on the
28th day of July 1998, at 7:00 p.m. in the
Council Chambers of the City of Iowa City, 410
E. Washington Street, Iowa City, Iowa,
regarding the intent to convey the vacated
portion of Second Avenue Court located north
of Muscatine Avenue and west of First Avenue
for the purpose of facilitating redevelopmerit of
the adjacent properties to The
Place/Commercial Real Estate.
Persons interested in expressing their views
concerning this matter, either verbally or in
writing, will be given the opportunity to be
heard at the above-mentioned time and place.
MARlAN K. KARR, CITY CLERK
sarah~landuse\walgrn,nph