Loading...
HomeMy WebLinkAbout1999-05-04 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 4th day of May, 1999, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the C,o. uncil will consider: 1 ./, An ordinance amending City Code Section ..... 14-6, ~oning Chapter" concerning definitions and parking requirements for carryout, delivery, and drive-through restaurants. 2. An ordinance amending the Planned Development Housing Overlay (OPDH-12), plan for Silvercrest, a 20.87-acre five-lot residential subdivision including 68 assisted living units, 120 independent living units, a 40-bed medical rehabilitation facility, and a 900 square foot medical office building, located at the southeast quadrant of Scott Boulevard and American Legion Road. Copies of the proposed resolution 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 ppdadmin/nphS-4.doc 05-04-99 ~ 6a Prepared by Melody Rockwell. Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319/356-6251 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE SECTION 14-6, "ZONING CHAPTER," CONCERNING DEFINITIONS AND PARKING REQUIREMENTS FOR CARRYOUT, DELIVERY AND DRIVE- THROUGH RESTAURANTS. WHEREAS, over the past few years, fast food restaurants have changed to include drive- through facilities, and in some cases may be primarily carryout/delivery restaurants with little or no seating; and WHEREAS, the definitions for fast food restaurants need to be updated to reference drive-through instead of drive-in restaurants; and WHEREAS, it has become evident in Iowa City that more parking is being required than is needed for restaurants with drive-through lanes, and for carryout/delivery restaurants with little or no seating area; and WHEREAS, it is a public benefit to reduce parking paving requirements in the community in instances where it is sufficiently demonstrated that such impervious surface is excessive. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. City Code Title 14, Chapter 6, entitled "Zoning Chapter," is hereby amended as follows: A. Article B, entitled "Zoning Definitions," is hereby amended by: 1. Repealing the definition of "AUTO AND TRUCK-ORIENTED USE," and incorpo- rating in lieu thereof the following defini- tion: AUTO AND TRUCK-ORIENTED USE: Any use intended or designed to provide a service to individuals while in a motor vehicle, such as drive-in financial institu- tions. Any use related to the sale, serv- icing or repair of vehicles, including but not limited to car washes, automobile service stations and garages and auto- mobile accessory sales. Uses catering to the convenience of drivers of motor Ordinance No. Page 2 vehicles, including but not limited to con- venience groceries, restaurants with drive-through service, service shops, dry cleaning centers and photo-developing drop centers. 2. Repealing the definition of "RESTAURANT DRIVE-IN/CARRY-OUT," and incorporat- ing in lieu thereof the following definition: R ESTA U RANT D R IVE-TH RO UG H/ CARRY-OUT: An auto-oriented use where the principal operation is the dis- pensing of edible foodstuff and/or bever- ages for consumption through drive- through facilities, at indoor or outdoor tables, at stand-up counters or to be car- ried off the premises, where the total seating area is less than fifty percent (50%) of the total floor area. 3. Repealing the definition of "RESTAU- RANT, CARRY-OUT," and incorporating in lieu thereof the following definition: RESTAURANT, CARRY-OUT/DELIVERY: A business where the principal operation is the dispensing of edible foodstuff and/or beverages for off-site consumption, where there is no seating area and foods/beverages are delivered or carried off the premises. Article N, entitled "Off-Street Parking and Loading," is hereby amended by: 1. Repealing subsection 14-6N-1J2t con- cerning drive-in/carry-out restaurant park- ing requirements and incorporating in lieu thereof a new subsection 14-6N-1J2t for drive-through/carry-out restaurant parking requirements, as follows: t. Restaurants, drive-through/carry-out: Where permitted: One parking space for each sixty-five (65) square feet of floor area, but not less than five (5) spaces. Bicycle parking: 10% Incorporating a new subsection 14-6N- 1J2u concerning carry-out/delivery restau- rant parking requirements, as follows: u. Restaurants, carry-out/delivery: Where permitted: One parking space for each two-hundred (200) square feet of floor area, but not less than five (5) spaces. Bicycle parking: 10% Relettering the remaining subsection 14- 6N-1J2u, Retail stores and shops (other than those listed), as 14-6N-1J2v, and relettering the remaining subsection 14- 6N-1J2v, Studios and stations, radio and television, as 14-6N-1J2x. Ordinance No. Page 3 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,1999. MAYOR ATTEST: CITY CLERK ppdadmiffiordVestpark.doc City of Iowa City MEMORANDUM Date: March 22, 1999 (for April 1, 1999 meeting) To: Iowa City Planning and Zoning Commission From: Melody Rockwell, Associate Planner Re: Proposed Amendments to Restaurant Parking Regulations Over the past few years, fast food restaurants have changed to include drive-through facilities, and in some cases may be primarily carryout/delivery restaurants with little to no seating. In the Iowa City code, the definitions for these types of restaurants refer to '~Jrive-in"facilities and '~auto-oriented uses." These restaurants with less than 50% of the floor area used as a seating area, are required to provide three times the number of parking spaces that larger, sit-down restaurants provide [1 space/50 square feet of floor area compared to 1 space/150 square feet of floor area]. The code requirements for a higher level of parking for the smaller, fast food restaurants appear to have been adopted at a time when drive-in restaurants were in vogue; when fast-food meals were consumed outside the building in vehicles parked on the site. Carry-out/Delivery Restaurants: It has become evident in Iowa City that more parking is being required than is needed for these restaurants, particularly for the carryout/delivery restaurants that have little to no interior seating area. A survey of this type of restaurant (Happy Joe' s on S. Gilbert Street, Falbo Brothers Pizza on Kirkwood Avenue, Domino' s Pizza on Riverside Drive and Secret Pizza on Clinton Street) showed that less than 15% of the required parking spaces were being used on these sites. The survey results also indicated that if the parking requirement were changed to require only one space per 200 square feet of floor area [instead of 1/50], the number of parking spaces would still exceed the peak parking demand: Restaurant Total Seating Current Parking Peak Percent Proposed Percent Floor Area Parking Provided Parking Demand 1/200 Demand to Area Req. On-Site Demand to Req. Pkg. Req. Proposed Req. Happy Joe's 2,250 720 45 10 5 11% 11 45% Falbo Bros. 1,472 0 29 10 3 10% 7 43% Domino' s 1,280 0 26 4 3 12% 6 50% Secret Pizza 693 0 14 4 2 14% 4 50% 2 Some municipalities, such as Champaign, Illinois, require only one parking space for every 400 square feet of restaurant floor area for 'food service pick up only" establishments. This requirement is closer to the actual parking demand indicated in the above table, but does not provide any flexibility for spillover parking or a change to another use that would require more parking. For example, the standard parking requirement for most retail establishments in Iowa City is one parking space for every 200 square feet of floor area. Drive-through/Carry-out Restaurants. In March 1988, when a McDonald' s restaurant was being established on property near Mormon Trek Boulevard, the project manager Jim Hileman objected to the definition in the Iowa City code that classified the proposed restaurant as a drive-in/carryout restaurant, with a higher parking requirement than a dine- in restaurant. He said 'this carries a parking requirement with its origin pertaining to an A&W, drive-in/park and eat in your car type of establishment. It is my hope that you will consider that less than 29% of our restaurant is dining/seating area with a total seating potential of less than 75 seats, and that McDonald' s restaurants typically run 50% of their business through the drive-through." Drive-in restaurants, such as the A&W, no longer exist in Iowa City. The parking requirements need to be updated to reflect more closely the actual parking demand for restaurants with drive-through facilities. The survey of restaurants with drive-through facilities that have a 1/50 instead of 1/150 parking requirement show that too much paving is being required for these facilities. It appears that even during times of peak parking demand at least one-third of the required parking spaces are not used. Restaurants with drive-through facilities and less than 50% of the floor area used for the dining/seating area could be reduced slightly from 1/50 to 1/65, and still leave a margin of approximately 15% of excess parking spaces: Restaurant Total Current Parking Peak Percent Proposed Percent Floor Parking Provided Parking Demand 1/65 Pkg. Demand to Area Req. On-Site Demand to Req. Req. Proposed Req. McDonald' s 3,146 63 65 41 65% 48 85% Mormon Trek Wendy' s 2,612 52 58 33 63% 40 82.5% Riverside Dr. Definitions. Other amendments should be considered for the definitions section of the code that refer to drive-in restaurants, and to recognize situations where there is no on-site seating area, as follows: AUTO AND TRUCK-ORIENTED USE: Any use intended or designed to provide a service to individuals while in a motor vehicle, such as drive-in financial institutions. Any use related to the sale, servicing or repair of vehicles, including but not limited to car washes, automobile service stations and garages and automobile accessory sales. Uses catering to the convenience of drivers of motor vehicles, including but not limited to convenience groceries, drivc in restaurants with drive-through service, service shops, dry cleaning centers and photo-developing drop centers. 3 RESTAURANT DRIVE IN DRIVE-THROUGH/CARRY-OUT: An auto-oriented use whose principal operation is the dispensing of edible foodstuff and/or beverage for consumption jR automobilcs through drive-through facilities, at indoor or outdoor tables, at stand-up counters or to be carried off the premises, where the total seating area if providcd is less than fifty percent (50%) of the total floor area. RESTAURANT, CARRY-OUT/DELIVERY: A business where the principal operation is the dispensing of edible foodstuff and/or beverage for off-site consumption, at indoor or outdoor tablcs, at stand up countcrs, where there is no seating area and foods/beverages are delivered or carried off the premises. Thc total scating arca, if providcd, is Icss than fifty pcrccnt (50%) of thc floor arca. STAFF RECOMMENDATION: Staff recommends that restaurant definitions in the code be amended as shown above, and to reduce parking paving in the community where it is demonstrated that it is not needed, staff recommends that the parking regulations for restaurants be amended as follows: Restaurants, drivc in drive-through/carry-out: Where permitted One parking space for each fifty (50) sixty-five (65) square feet of floor area, but not less than five (5) spaces. Ue Restaurants, carry-out/delivery: Where permitted One parking space for each two-hundred (200) square feet of floor area, but not less than five (5) spaces. Approved by: D~partment of Planning and Community Development ppdadmin',memos/,restpkg .doc NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 4th day of May, 1999, in the Civic Center Council Chambers, 410 Eo Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. An ordinance amending City Code Section 14-6, '~oning Chapter" concerning definitions and parking requirements for carryout, delivery, and drive-through restaurants. 2. iAn ordinance amending the Planned Development Housing Overlay (OPDH-12), plan for Silvercrest, a 20.87-acre five-lot residential subdivision including 68 assisted living units, 120 independent living units, a 40-bed medical rehabilitation facility, and a 900 square foot medical office building, located at the southeast quadrant of Scott Boulevard and American Legion Read. Copies of the proposed resolution 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 i:~dadmin/nph5-4.doc To: Planning & Zoning Commission Item: SUB99-0005 & REZ99-0005. GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: File date: 45-day limitation period: SPECIAL INFORMATION: Public utilities: STAFF REPORT Prepared by: Robert Miklo Date: April 1, 1999 Dial Companies 11506 Nicholas St. #200 Omaha, NE 68154 Merlin Lawrence 402-493-2800 Amended preliminary OPDH-12 plan, preliminary and final plat. To allow development of housing for elderly, a medical office building and a medical rehabilitation center Southeast corner of Scott Boulevard and American Legion Road 20.87 acres Agricultural- RS-5, OPDH-12 North: Residential & Agricultural County RS; East: Religious Institution, County RS South: Manufactured Housing Park, County RMH West: Residential, RS-5 Intersections such as this are appropriate locations for mixed uses and medium density residential development. March 11,1999 April 25, 1999 City water service is available for this property. The applicant will be building a sanitary sewer line in the right-of-way of Scott Boulevard in order to provide service to this property. 2 Public services: Transportation: Police and fire will be provided by the City. The nearest bus route is the Towncrest route, which passes through the intersection of Village Green Boulevard and Muscatine Avenue, approximately ¼ mile west of this property. Sensitive Areas Ordinance: The sensitive areas inventory map indicates hydric soils in the southeast portion of the property where the storm water detention facility is proposed. There are no wetlands associated with the hydric soils. BACKGROUND INFORMATION: In 1998 the City approved an annexation, rezoning and preliminary plat for Silvercrest. The approved plan included a 68-unit assisted living facility, 120 independent living apartment building, a 9000 square medical office building and a 60-bed medical rehabilitation facility. The applicant is now proposing to amend the OPDH plan to allow a reconfiguration of the design of the independent living apartment building and the rehabilitation facility. The assisted living facility and medical office building would generally be the same design approved in 1998. The dwelling unit density would remain the same. The number of beds in the rehabilitation facility would be reduced to 40. The parking areas and driveways would be reconfigured. Copies of the both the original plan and proposed plan are attached. The applicant is also requesting preliminary and final plat approval. Legal papers have not been submitted for the final plat. The application for the final plat approval is therefore incomplete. ANALYSIS: In the amended plan the rehabilitation facility and independent living apartment building are in the same general locations as shown on the original plan. However the foot print of these buildings have been reconfigured. The rehabilitation building is actually smaller and is in a rectangular configuration with a central open courtyard. Because of the redesign there is an approximately 2.5 acre open area contained in Outlot A to the south of the rehabilitation facility and west of the stormwater basin. Although this area is not designated as open space on the plan, it will remain open unless the City approves a rezoning on the property. During the discussion of the original plan for Silvercrest, staff expressed concern about the number of curb cuts onto Scott Boulevard. The originally approved plan did have a service driveway for the rehabilitation center. The proposed redesign precludes any internal driveway access toOutlot A from with in the Silvercrest property. The applicant should be aware that there is no guarantee that a curb cut will be allowed from Outlot A to Scott Boulevard in the future. The independent living apartment building has also been reconfigured into two elements rather than a building with several wings as shown in the original plan. The underground parking garage has also been removed from underneath the proposed independent living apartment building. The plan shows six areas on the grade level which are proposed to contain garages for between four and eight cars. Revised elevation drawings have been submitted for one side of the rehabilitation center and independent living facility. Although the independent living facility is a fairly large building it has been broken up into smaller wings, bays and balconies and changes in rooflines have been used to minimize the appearance of scale of the building. Staff has asked the applicant to submit the north and east elevations since these will be the most visible from the neighboring property and the American Legion Road. As discussed above the medical office building and assisted living building are generally as shown on the original plan, however the assisted living building is slightly larger but the number of units is the same. The stormwater management storage facility is generally as shown on the previously approved plan. The assisted living facility requires 68 parking spaces. The independent living building requires 120 spaces. The rehabilitation facility requires 40 parking spaces and the medical office building requires 40 spaces for a total of 268 parking spaces. The site plan illustrates 251 parking spaces. The Board of Adjustment may grant a special exception to reduce the amount of required parking when the applicant can demonstrate that the use has characteristics which require less spaces than required by code. Such a special exception was approved for Sterling Housing, another assisted living facility on Scott Boulevard. The applicant will need to obtain a special exception to reduce the required parking spaces, or ad 17 additional spaces to the plan. A special exception will also be needed to allow parking on a separate lot. The plan depicts a portion of the parking area for the assisted living building in the 40 foot setback from Scott Boulevard. The zoning code generally prohibits parking in the front yard. The OPDH plan provisions would allow the waiver of this requirement. It was waived for the previously approved OPDH plan. Given the topography in this location and because the parking area will be screened by a retaining wall this appears to be reasonable waiver. Staff has however ask that the driveway width be reduced to minimize the amount of paving in the front yard. In conjunction with the redesign of the building layouts, the lot lines shown on the preliminary plat have also been revised. The applicant is also seeking final plat approval. The legal papers for the final plat should address the payment of fees in lieu of open space; and water main extension fees. The legal papers will also need to contain provisions regarding maintenance of Outlot A. The applicant has requested that the Commission conduct only one meeting on the amended OPDH plan, since it is not a change in density but only a modification in design (see attached letter). The Fire Marshall has not completed review of the plan. He may identify further revisions. STAFF RECOMMENDATION: Staff recommends that the preliminary and final plat and preliminary OPDH forSilvercrest be deferred pending resolution of deficiencies and discrepancies noted below. Upon resolution of these items staff recommends approval of the preliminary and final plat and preliminary OPDH plan of Silvercrest, a 20.87, 5-lot residential subdivision including 68 assisted living units, 120 independent living units, a 40-bed rehabilitation facility and a 900 square foot medical office building located at the southeast quadrant of Scott Boulevard and American Legion Road. DEFICIENCIES AND DISCREPANCIES: 1. The correct parking requirements need to be noted on the plan. 2. The legal description needs to be corrected. 4 3. The access easement for Silvercrest Drive should be correctly labeled on the plan. 4. The dimensions of the independent living building should be shown on the plan. 5. A 15 foot wide utility easement should be shown adjacent to American Legion Road. 6. Complete elevation drawings should be submitted. Approved by: · ,:, , ~, .-C_ ,: Karin/Franklin, Director Depadment of Planning & Community Development Attachments: 1. Original preliminary plat and planned development 2. Amended preliminary plat and planned development 3. Final plat 4. Building elevations ppdadm!stfrep/99005rm doc 0 0 0 I Z O 0 tOT 4 JOHNSON COUNTY, IOWA Preliminary Planned Development Plan Silvercresk ResidenLial CommuniLy Iowa City. Iowa SEVERCREST LOCATION MAP NOT TO SCALE ORIGINAL PLAN \ /X, \ \ \ ff SILVERCREST FINAL PLAT RESIDENTIAL IOWA CITY, IOWA COMMUNITY Pt~T PRrPARED BY: AFpUCANT/DL;"V~npEI~pROPERTY Cl~q~l~ OMWER~ ATTORNEY: MM~ CONUULTA~ INC Dill Companies SUNRISE PARq'NER:S Robert N. 1917 ~OUTH GII~BI~T ~T.]l~4)e Nk:bo&u $L ~eO0c/o Robert G B. rker122 $ Unn IlIA CITY, ILIA, 52240Omha, Nebraska 6aIM4,,q7 ]!ULtIMlUL Line~ C|t~, L~el R~PiO (402) 493-~800 Iowa Clty. IA 51~43319 CORR)RAI~ ATTORNEY: Illc~eel CaTer BOB ,1, J'R!4A'S SUBDIVISION ,tORNSON COUNTY, Ioff'A > IOWA CITY, IOWA ~, AND NOTES ~TREET C£NTERUNE CURVE TABU[ · PLAT/R,~ APPS~V~ byU~ CIty of Iowa City MMS CONSULTANTS, lowo City. Iowa (319) 351-8282 DIAL LAND DEVELOPMENT CORP. Merlin Lawrence, V.P. 11506 Nicholas St. Ste. 200 Omaha, NE 68154 (402)493-2800 Phone (402)493-8069 Fax March 9, 1999 Planning & Zoning Commission Attn: Mr. Bob Miklo Senior Planner City of Iowa City 410 Washington Street Iowa City, Iowa 52240-1826 Dear Bob: Dial Land Development would like for the planning and zoning commission to vote on the approval of our amended preliminary plat for our 21 (+) acre development located at the northeast corner of Scott Boulevard and American Legion Road in a single meeting. We are not changing the approved density. We have changed the design of the Rehabilitation and Independent Living buildings. We feel the changes we are doing are an improvement over the previously approved designs. We also feel that the overall plan is an improvement over the original site plan. Sincerely, ~ ,' , ., --~' <:.~ ' :,-/' / . ,=, , : ~ . \.,., ~ Merlin Lawrence Vice President ML/tf NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 20"' day of April, 1999, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. A resolution for annexation of approximately 5.55 acres located in the in the northwest quadrant of the' intersection of American Legion Road and TaR Avenue. 2. An ordinance conditionally changing the zoning designation of approximately 5.55 acres from County CP-2, Planned Commercial, to RR-1, Rural Residential, for property located in the northwest quadrant of American Legion Road an.~.ft Avenue. An ordinance amending City Code suBsections 14-5H, Site Plan Review, and 14- 6S, Performance Standards, regarding lighting standards. Copies of the proposed resolution and ordinances 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 ppdadmin/nph4-20.doc StarDale: April 19. 1999 Light Pollution Stars speckle the sky by the tLhousands, but they're no match for the streetlights that shine by the MILL}tONS. ()n ~t dark night, away from cities. away from streetlights. you citn see stars bright and dim, right down to the horizon, Like stars. streetlights emi~ light and can be beautiful; bul improperly designed su'ecgights rob us of the night skv's natural beamy. For.mnatelv. there's a way to have both stars AND streetlights. That's by desi&ming the li.Shts corrccdy, Streetlights are meant to illuminate the ground, not the sky, In ,, ·" ,, fact. any lipht that shines inlo t~2e sky not only spoih the sky, it also wastes energy and money. k , , Most streetlights emit light upward and sideways as well as downward. But more and more cities are installing streetfights with fixtures that relr'iecl all of the light downward. so that no light polh~tes the sky. That makes the ground bright but keeps the sky dark. Such a streetlight offers financial benefits, too. Because all of the bulb's light is directed downward. it can ilhuninate the ground with tess power. That saves so much energy that a city the size of San Diego can cut its electricity bill by millions of dollars a year. So iF you ever pass a streetlight whose light shines entirely downward, you~ll know that not only is that slreelligh[ saving money. it's also helping to preserve the m~iesly of the night sky, Tomo~Tox~: a musical constellation. Written by Ken Croswell Script {C) 1999 Ken Croswel} StarDate © t999 The U~iversity of Texas McDonald Observatory Search the StarDate Archive I of 2 4/19/199Q 7:54 Prepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356-5247 ORDINANCENO. AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 5, ENTITLED "BUILDING AND HOUSING," ARTICLE H, "SITE PLAN REVIEW," AND CHAPTER SIX, "ENTITLED ZONING," ARTICLE S, ENTITLED "PERFORMANCE STANDARDS," TO INCLUDE SPECIFIC REQUIREMENTS REGARDIN~/' ILLUMINATION AT THE PROPERTY BOUNDARY, THE MAXIMUM HEIGHT//OF LIGHT FIXTURES, SHIELDED .J:IGHT FIXTURES, AND LIGHTING PLANS. WHEREAS, citizens of Iowa City ,b'~ave raised the issue of light pollution and g),afe as larger scale commercial development occurs in close proximity to residential developrr, Kent; and or p t residential properties can,be a nuisance; and WHEREAS, as m,.~i'e commercial, industrial, and multi-family developments are constructed, and a general inc,9,~se in light levels occurs, light r i t to be shielded will/prevent light from being directed onto W~EREAS, requiring a photometrics plan, or ligh~g plan with site plans of larger / ' . . ~ elo ~ pments wdl allow for better planning of the fighting layout to prevent light pollution issues prior to a development being constructed; and WHEREAS, requiring light fixtures to be mounted a maximum of 25 feet high in residential zones and within 300 feet of a residential zone will set an appropriate light ceiling for a residential area, and will help prevent light from becoming a nuisance to residential areas. NOW, THEREFORE, BE IT ORDAINED BY THE CI~ COUNCIL OF THE CI~ OF IOWA CI~, IOWA: SECTION I. APPROVAL. Chapter 5, entitled "Building and Housing," A~icle H, entitled "Site Plan Review," Section 4. "Submittal Requirements" be amended as follows: Ordinance No. Page 2 14-5H-4A(14) be repealed and replaced with the following: A detailed lighting plan and photometrics layout which shows the location, type, height, and intensity of all existing and proposed exterior lighting on the property is required for sites with parking lots of 18 or more parking spaces. The photometrics layout must show the foot-candles generated by all lights on the property. The lighting plan and photometrics layout must comply with the performance standards in Section 14-6S- 8. Chapter 5, entitled "Building and Housing, Article H, entitled "Site Plan Review," Section 5, entitled "Design Standards" be amended as follows: 14-5H-5H be repealed, and replaced as follows: Exterior lighting shall relate to the scaled and location of the development in order to maintain adequate security while preventing a nuisance or hardship to adjacent properties or streets. Except for lighting of loading areas, service areas, and for architectural emphasis. flood lighting is prohibited. Lighting shall comply with the following requirements: a. Light fixtures in and within 300 feet of a residential zone shall be mounted no higher than 25 feet. b. Light fixtures not within 300 feet of a residential zone shall be mounted no higher than 35 feet. c. All lights of greater than 2,,000 lumens, both pole-mounted and wall-mounted shall have shielded light fixtures or be equipped with cut off shields, so that no direct light fa~ls beyond the property line, and no light shines above a horizontal plane through the lower 'part of the lumenaire. Light reflectors and refractOrs may be substituted for shields on ornamehtal and pedestrian light fixtures. Chapter 6, entitled "Zoning," Article S, fintitled "Performance Standards," Section 8, entitled "Glare" be repealed and replaced with'.the following: ', ,, 14-6S-8: Illumination Standards. 1. Lighting rated greater than 2,000 lumens,, used to illuminate any operation, parking area, or for the external illumination of buildings and grounds shall be downcast and fully shielded so that no light shines above a horizontal plane through the lowest part of the luminaire, and no direct light falls beyond the property line. Light reflectors and refractors may be substituted for shields or shielded light fixtures on ornamental and pedestrian light fixtures. 2. Light fixtures used to illuminate flags, statues, objects mounted on a pole or pedestal, shall use a Ordinance No. Page 3 narrow cone of light that does not extend beyond the illuminated object. 3. Outdoor recreational facilities permitted by special exception may be exempt from specific lighting standards in Section 14-5H, Site Plan Review, and Section 14-6S, Performance Standards, provided the Board of Adjustment approves the lighting plan as part of the special exception approval for the use. 4. Illumination shall not exceed 1.0 foot candles at property boundaries of multi-family, commercial, and industrial uses adjacent to or across the street from a residential zone, or a neighborhood commercial or office commercial zone. Chapter 6, entitled "Zoning," Article S, entitled "Performance Standards," Section 1, entitled "Compliance with Provisions" be repealed and amended to include a reference to multi-family uses as follows: 14-6S-1A. New Uses: any use established in the commercial or industrial zones, or in a multi- family zone for the Illumination Standards in 14-6S-8, after the effective date hereof shall comply with the minimum performance standards contained in this Article. 14-6S-1B. Existing Uses: Existing commercial and industrial uses, and multi-family uses for the Illumination Standards in 14-6S-8, which are not in compliance with the performance standards contained in this Article are exempt, where a use did not comply with performance standards in effect prior to the effective date hereof (see Section 14-6T-2 of this Chapter). Conditions which do not comply shall not be increased in scope or magnitude. Such uses shall be permitted to be enlarged or altered, provided the addition or change conforms with the applicable performance standards. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,1999. MAYOR Ordinance No. Page 4 ATTEST: CITY CLERK Appro'~c~dtry%-. _. "'; , ../ ,,"', f%'?~,, ,,,"' ........" , i"'~,,~ ~,,c;;~;~'.~,~"'~-' '~. " '~ ppdadmin/ord/lighting NOTICE OF PUBLIC HEARING Notice is hereby given that a public heating will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 20~' day of Apdl, 1999, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the neXt'meeting of the City. CoUncil thereafter as posted "by the City Clerk; at which headng the Council will consider:. 1. A resolution annexing approximately 10.3 acres of property. located east of Scott located east of Scott Boulevard at Washington Street from Medium Density Single-Family Residential (RS-8), Low Density Multi-Family Residential (RM-12), and County Suburban Residential (RS) to Planned Development Housing Overlay (OPDH-8; 8.36 acres), Low Density Single-Family Residential (RS-5; 5.43 acres), and Low Density Multi-Family Residential (RM-12; 1.12 acres), and a request for a preliminary OPDH plan to allow 72 dwelling units on 8.16 acres. Copies of the proposed resolution and 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 Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319/356-5243 ~X, CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is ma/~le by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City;~)..and Plum Grove Acres, an Iowa Limited Rf~rtnership. WHEREAS the applicant Plum'Grove Acres is owner and legal ti holder of approximately 14.83 acre;; of property Io"cated east of Scott ~'oulevard at Washi~reet; and WHEREAS, the applicant has requested the voluntary annexa. l~f~n of approximately 10.3 acres located east of Scott Boulevard at Washington Street, the/fezoning of approximately 14.83 acres from Medium Density Single-Family Residential ,.('RS-8), Low Density Multi-Family '" Low Density Multi-Family Residential (RM-!2; .83 ac 's), and approval of a preliminary OPDH e x e WHEREAS, the proposed annexation has bee~ pproved by the City; and WHEREAS, the Planning and Zoning (;;i~mmi ion has determined that, with appropriate conditions ensuring adequate pedestriaO/Circulatio within the neighborhood and the protection of existing trees on the subject prope~y, the pro sed rezoning is in conformance with the Comprehensive Plan, and that the p,,i~posed prelimi ry OPDH plan is in technical compliance with all applicable provisions of the.,E;ity Code; and WHEREAS, Iowa Code 414.5!' (1997) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's fezore g request, over and above existing regulations, in order to satisfy public needs directly caused y the requested change; and WHEREAS, the applicant'acknowledges that certain conditio and restrictions are reasonable \ WHEREAS the applicant has agreed to use this property in acc dance with the terms and conditions 'of this Conditional Zoning Agreement to ensure the above referenced neighborhood drculation and tree protection issues are addressed. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: Plum Grove Acres is the property owner and legal title holder of property located east of Scott Boulevard at Washington Street, which property is more particularly described as follows: 2 OPDH-8 Parcel: Commencing at the Southwest Corner of the Southwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N00°53'02"W, along the West Line of Said Southwest Quarter, 2045.15 feet; Thence N89°06'58"E, 52.16 feet, to the POINT OF BEGINNING; Thence con' uing N89°06'58E'', 537.69 feet; Thence S00°51 '17"E, 414.99 feet; Thence S00°21'~8"W, 435.47 feet; Thence Northwesterly, 267.72 feet, along a 300.00 foot radius curve, cencave Southwesterly, wh,~se 258.92 foot chord bears N87°49"09"W; Thence S66°36'56"W, 20.00 feet, to a Point ~n the Easterly Right-of- Way of Scott Boulevard; Thence N23°23'04"W, along said E/terly Right-of-Way Line, 345.93 feet; Thence Northwesterly, 540.44 'Teet, along said Eas rly Right-of-Way Line, on a 1587.02 foot radius curve, concave N~rtheasterly, whos 537.83 foot chord bears ,/ RS-5 Parcel: Commencing at the Southwest Corner of the SouthWest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N00°53'02"W, along the West Line of Said Southwest Quarter, 2045.15 feet'; . Thence N89°06'58"E, 589.85 feet, to the POINT OF BEGINNING; Thence continui~.g N89°06'58"E, 179.84 feet; Thence S00°51'17"E, 110.00 feet; Thence S01°00'12'..'E,~280.00 feet; Thence S00°21'18"W, 530.00 feet; Thence S89°06'58"W, 307.15 feet; 'Thence S00°39'55"E, 225.14 feet; Thence S89-14'45"W, 357.75 feet; Thence N00°54'07"W 77.66 feet; Thence Northwesterly, 262.89 feet, along a 247.47 foot radius curve, concave Southwesterly, whose 250.70 foot chord bears N31°20'06"W; Thence N00°21'18"IE, 435.5 feet; Thence N00°51'17"W, 414.99 feet, to the Point of Beginning. Said Rezon'ing Parcel ontains 5.63 acres, more or less, and is subject to easements and restrictions of record. RM-12 Parcel h Commencing at the Southwest Corner of the South est Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N00°53'02"W, along the West Line of Said Southwest Quarter, 2045.15 feet; Then e N89°06'58"E, 589.85 feet; Thence S00°51'17"E, 414.99 feet; Thence S00°21'18"W, 435. 3 feet; Thence Southeasterly, 107.44 feet, along a 247.47 foot!~-radius curve concave Sour westerly, whose 106.60 foot chord bears S49°19'51"E, to the Point of B;ginning; Thenc continuing Southeasterly, 155.45 feet, along a 247.47 foot radius curve, concave South esterly, whose 152.91 foot chord bears S18°53'51"E; Thence S00°54'07"E, 77.66 feet; hence S89°14'45"W, 47.31 feet; Thence N00°53'02"W, 222.97 feet , to the Point of B ginning. Said Rezoning Parcel contains 0.19 acres, more or less, and is subject and restrictions of record. RM-12 Parcel I1: Commencing at the Southwest Corner of the Southwest arte \ .f Qu r'o Section 7, Township 79 North, Range 5/West, of the Fifth Principal Meridian; Thence N00°53'02"W, along the West Line of Said ,.~outhwest Quarter, 2045.15 feet; Thence N89°06'58"E, 589.85 feet; Thence S00°51'17"E, 414.99 feet; Thence S00°21'18"W, 435.53 feet, to the Point of Beginning; Thence Southeasterly, 104.67 feet, along a 247.47 foot radius curve, concave Southwesterly, whose 103.89 foot chord bears S49039'05"E; Thence S89°06'58"W, 324.21 feet; Thence N23°23'04"W, 80.88 feet; Thence N66°36'56"E, 20.00 feet; Thence 3 Southeasterly, 255.88 feet, along a 300.00 foot radius curve, concave Southwesterly, whose 248.19 foot chord bears S88°56'59"E; Thence Southeasterly, 11.86 feet, along a 247.47 foot radius curve, concave Southwesterly, whose 11.86 foot chord bears S63°08'30"E, to the Point of Beginning. Said Rezoning Parcel contains 0.64 acres, more or less, and is subject to easements and restrictions of record. Applicant acknowledges that the City wishes to ensure appropriate 'lanned development 2. that will not negatively impact the surrounding residential neighbor cod, and to ensure the protection of existing trees on the property. Further, the partie acknowledge that Iowa Code §414.5 (1997) provides that the City of Iowa City may i ose reasonable conditions 3. r requirements of the underlying zone, t~ Applicant ag, hat development of the subject prope~y will conform to all other require~nts of the ~ning chapter, as well as the following conditions: " / / , / a. The Appli~nt shall dedi~te a 25-fo0~, wide' right-of-way or pedestrian walkway/trail approximate Io~tion of this right-of-way ."r pedestrian walkway/trail easement shall be n e c n ..' t of tempora~ construction easements a determined to be necessa~ for the construction of said trail. Dedi~0n of he right-of-way and/or above-mentioned easements shall occur along with the approv I of a final plat for this area, or prior to the issuance of a building permit for any develop ent activity o? the potion of the subject of neighborhood nfrastructure"by providing for~dequate pedestrian circulation in the area, and shall not in any 'way fulfill or uce the neighborhood open space requirements for the subject prope~y. ~ The Applicant shall provide a tree protection plan r City review and approval prior to j t t ~ 4. The Applicant acknowledges that the conditions containe erein are reasonable ~nditions public needs which are t , change. 5. The Applicant acknowledges that in the event the subject prope~y is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with t~ terms of this Conditional Zoning Agreement. .., 6. The Pa~ies ackno~edge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Pa~ies furlher acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Pa~ies. 4 Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Applicant from complying with all applicable local, state and federal regulations. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the-subject property; and that upo. n adoption and a Dated this day of PLUM GROVE ACRES Bruce Glasgow By: By: Frank Boyd STATE OF IOWA JOHNSON COUNTY ) ) ss: ) On this day ,1999. ,,/ /' CITY OF IGWA CITY By,;,' / Ernest W. Lehman, Mayor Iowa, personally appeared Ernest 'W. Lehman and Marian who, being by me duly sworn, did say that they are the City of Iowa City, Iowa; that the seal affixed to the foregoing corporation, and that the instrument was signed and authority of its City Council,..-as contained in (Ordinance) by the City Council, on the day of Ernest W. Lehman and Marian K. Karr acknowledged the voluntary act and deed and the voluntary act and deed of tl' executed. Marian K. Karr, City 19 before me, Public in and f~r the State of Karr, to me personally known, and, Dr and City Clerk, respectively, of the ~ment is the corporate seal of the on behalf of the corporation, by ~tion) No. passed , 19 , and that on of the instrument to be their corporation, by it voluntarily Notary Public in and for th~ State of Iowa My commission expires: 5 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Notary Public in and for said County, in said State, personally d known to be the identical persons name '~f and who executed the withi)~ and foregoing instrument, and acknowledged that he execu ed the same as his voluntary actxa~d deed. tary Public in and for the State of Iowa ,, , M ~ expires: y~omm'ss'on \ \ STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, pe sonally appeared Frank Boyd, to me known to be the identical persons named in and who execut d the within and foregoing instrument, and acknowledged that he executed the same as his volun ry act and deed. Notary Pu ic in and for the State of Iowa My co ' ' n expires: ppdadmin'agt~lumgrove.doc \ \.,., NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CONSTRUCTION OF THE IOWA AVENUE MULTI-USE PARKING FACILITY 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 Iowa City, Iowa will conduct a public hearing on plans, specifications, form of contract, and estimated cost for the construction of the Iowa Avenue Multi-Use Parking Facility Project at 7 p.m. on the 4th day of May, 1999, said meeting to be held in the Council Chambers of the Iowa City Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract, and estimated cost are now on file in the office of the City Clerk in the Iowa City Civic Center in Iowa City, Iowa and may be inspected by any interested persons. Any 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 ppdadm/nph.-pkg.doc NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR WESTMINSTER SANITARY SEWER IMPROVEMENT 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 con- duct a public hearing on plans, specifications, form of contract and estimated cost for the con- struction of the Westminster Sanitary Sewer Improvement Project in said City at 7 p.m. on the 4th day of May, 1999, said meeting to be held in the Council Chambers in the Civic Center in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posed by the City Clerk. 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 Coun- cil of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CiTY CLERK PH-1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 20th day of April, 1999, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider: 1. A resolution of intent to convey 2750 Irving Avenue, also described as Lot 57 Walden Hills to the tenant and setting a public hearing for April 20th. Copies of the proposed resolution 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 hisadm/nphopine/doc