HomeMy WebLinkAbout1999-06-29 OrdinancePrepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING
CHAPTER BY CONDITIONALLY CHANGING
THE ZONING REGULATIONS OF
APPROXIMATELY 7.93 ACRES LOCATED AT
THE EAST TERMINUS OF COURT STREET
FROM MEDIUM DENSITY SINGLE-FAMILY
RESIDENTIAL (RS-8), TO PLANNED
DEVELOPMENT HOUSING OVERLAY (OPDH-
8), AND APPROVING A PRELIMINARY OPDH
PLAN FOR 72 RESIDENTIAL DWELLING
UNITS FOR PROPERTY LOCATED AT THE
EAST TERMINUS OF COURT STREET.
WHEREAS, the applicant, Arlington, L.C., is
owner and legal title holder of approximately
7.93 acres of property located at the east
terminus of Court Street; and
WHEREAS, the applicant has requested the
rezoning of approximately 7.93 acres from
Medium Density Single-Family Residential (RS-
8), to Planned Development Housing Overlay
(OPDH-8), and approval of a preliminary OPDH
plan to allow 72 residential dwelling units for
property located at the east terminus of Court
Street; and
WHEREAS, the Planning and Zoning
Commission has determined that, with
appropriate conditions ensuring the
establishment of neighborhood infrastructure,
thus providing a secondary means of access to
the property, the proposed rezoning is in
conformance with the Comprehensive Plan, and
that the proposed preliminary OPDH plan is in
technical compliance with all applicable
provisions of the City Code; and
WHEREAS, Iowa Code §414.5 (1999)
provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's
rezoning request, over and above existing
regulations, in order to satisfy public needs
directly caused by the requested change; and
WHEREAS, the applicant acknowledges that
certain conditions and restrictions are
reasonable to ensure the establishment of
neighborhood infrastructure and the provision of
a secondary means of access to the property;
and
WHEREAS, the applicant has agreed to use
this property in accordance with the terms and
conditions of a Conditional Zoning Agreement to
Ordinance No.
Page 2
ensure that the above referenced neighborhood
infrastructure and secondary access issues are
addressed.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY QF IOWA
CITY, IOWA:
SECTION I. APPROVAL. Subject to the
terms and conditions of the Conditional Zoning
Agreement, attached hereto and incorporated
herein, the property described below is hereby
reclassified from its current designation of
Medium Density Single-Family Residential
(RS-8) to Planned Development Housing
Overlay (OPDH-8):
Commencing at the Northwest Corner of the
Northeast Quarter of Section 18, Township
79 North, Range 5 West, of the Fifth
Principal Meridian; Thence N00o29'10"W,
along the West Line of the Southeast
Quarter of Section 7, Township 79 North,
Range 5 West of the Fifth Principal Meridian,
175.16 feet; Thence N79o41'30"E, 50.72
feet, to the Point of Beginning; Thence
continuing N79o41 '30"E, 139.20 feet;
Thence Northeasterly, 746.86 feet, along a
2841.05 foot radius curve, concave
Souteasterly, whose 744.71 foot chord bears
N87ol 3'22"E, Thence Southeasterly, 39.76
feet, along a 25.00 foot radius curve,
concave Southwesterly, whose 35.70 foot
chord bears S39o41 '12"E; Thence
S05°52'22"W, 67.32 feet; Thence
Southeasterly, 211.96 feet, along a 636.03
foot radius curve, concave Northeasterly ,
whose 210.98 foot chord bears S03o40'27"E;
Thence Southeasterly, 25.52 feet, along a
570.00 foot radius curve, concave
Southwesterly, whose 25.52 foot chord
bears S1 lo56'19"E; Thence S69o18'18"W,
214.92 feet; Thence N89o12'04"W, 659.86
feet; Thence N45o51'32"W, 73.10 feet;
Thence N00o26'32"W, 284.81 feet, to the
Point of Beginning. Said Tract of land
contains 7.93 acres, more or less, and is
subject to easements and restrictions of
record.
SECTION II. VARIATIONS. The following
variations from the requirements of the RS-8
zone have been approved as part of the
preliminary OPDH plan:
a. The development of four 18-unit
residential buildings in lieu of the requirement for
single-family detached or duplex residences.
b. A building height of approximately 50 feet
in lieu of the 35 foot limitation of the RS-8 zone.
SECTION III. ZONING MAP. The Building
Inspector is hereby authorized and directed to
change the zoning map of the City of Iowa City,
Ordinance No.
Page 3
Iowa, to conform to this amendment upon the
final passage, approval and publication of this
ordinance as provided by law.
SECTION IV. CONDITIONAL ZONING
AGREEMENT. Following final passage and
approval of this Ordinance, the Mayor is hereby
authorized and directed to sign, and the City
Clerk to attest, the Conditional Zoning
Agreement between the property owners,
applicants, and the City.
SECTION V. CERTIFICATION AND
RECORDING. Upon passage and approval of
the Ordinance, and after execution of the
Conditional Zoning Agreement, the City Clerk is
hereby authorized and directed to certify a copy
of this ordinance and the Conditional Zoning
Agreement and to record the same at the office
of the County Recorder of Johnson County,
Iowa, at the owner's expense, all as provided by
law.
SECTION VI. REPEALER. All ordinances and
pads of ordinances in conflict with the provision
of this ordinance are hereby repealed.
SECTION VII. SEVERABILITY. If any section,
provision or part of this 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 VIII. EFFECTIVE DATE. This
ordinance shall be in effect after its final
passage, approval and publication, as required
by law.
Passed and approved this day of
,1999.
MAYOR
ATTEST:
CITY CLERK
ppdadmin/ord/ceurtst.doc
Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319/356-5243
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City") and Arlington, L.C., an Iowa Limited Partnership.
WHEREAS, the applicant, Arlington, L.C., is owner and legal title holder of approximately 7.93
acres of property located at the east terminus of Court Street; and
WHEREAS, the applicant has requested the rezoning of approximately 7.93 acres from
Medium Density Single-Family Residential (RS-8), to Planned Development Housing Overlay
(OPDH-8), and approval of a preliminary OPDH plan to allow 72 residential dwelling units for
property located at the east terminus of Court Street; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions ensuring the establishment of neighborhood infrastructure, thus providing a
secondary means of access to the property, the proposed rezoning is in conformance with the
Comprehensive Plan, and that the proposed preliminary OPDH plan is in technical compliance
with all applicable provisions of the City Code; and
WHEREAS, Iowa Code §414.5 (1999) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs directly caused by the requested change; and
WHEREAS, the applicant acknowledges that certain conditions and restrictions are
reasonable to ensure the establishment of neighborhood infrastructure and the provision of a
secondary means of access to the property; and
WHEREAS, the applicant has agreed to use this property in accordance with the terms
and conditions of this Conditional Zoning Agreement to ensure that the above referenced
neighborhood infrastructure and secondary access issues are addressed.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree
as follows:
1. Arlington, L.C., is the property owner and legal title holder of property located at the east
terminus of Court Street, which property is more particularly described as follows:
Commencing at the Northwest Corner of the Northeast Quarter of Section 18, Township
79 North, Range 5 West, of the Fifth Principal Meridian; Thence N00°29'10"W, along the
West Line of the Southeast Quarter of Section 7, Township 79 North, Range 5 West of
the Fifth Principal Meridian, 175.16 feet; Thence N79°41 '30"E, 50.72 feet, to the Point of
Beginning; Thence continuing N79°41 '30"E, 139.20 feet; Thence Northeasterly, 746.86
feet, along a 2841.05 foot radius curve, concave Southeasterly, whose 744.71 foot
chord bears N87°13'22"E, Thence Southeasterly, 39.76 feet, along a 25.00 foot radius
curve, concave Southwesterly, whose 35.70 foot chord bears S39°41'12"E; Thence
S05°52'22"W, 67.32 feet; Thence Southeasterly, 211.96 feet, along a 636.03 foot radius
2
curve, concave Northeasterly , whose 210.98 foot chord bears S03°40'27"E; Thence
Southeasterly, 25.52 feet, along a 570.00 foot radius curve, concave Southwesterly,
whose 25.52 foot chord bears S11°56'19"E; Thence S69°18'18"W, 214.92 feet; Thence
N89°12'04"W, 659.86 feet; Thence N45°51'32"W, 73.10 feet; Thence N00°26'32"W,
284.81 feet, to the Point of Beginning. Said Tract of land contains 7.93 acres, more or
less, and is subject to easements and restrictions of record.
e
Applicant acknowledges that the City wishes to ensure completion of the neighborhood
street network, thereby providing a secondary means of access to the property. Further, the
padies acknowledge that Iowa Code §414.5 (1999) provides that the City of Iowa City may
impose reasonable conditions on granting an applicant's rezoning request, over and above
the existing regulations, in order to satisfy public needs directly caused by the requested
change. Therefore, Applicant agrees to certain conditions over and above City regulations
as detailed below.
In consideration of the City's rezoning the subject property with variations to the
requirements of the underlying zone, the Applicant agrees that development of the subject
property will conform to all other requirements of the Zoning Chapter, as well as the
following condition:
Applicant agrees and acknowledges that a building permit for the final 18-unit residential
building on the subject property shall not be issued by the City until such time as the
existing portion of Arlington Drive, currently located to the south of the subject property
and connecting to American Legion Road, is physically connected to Court Street such
that vehicular traffic can travel from American Legion Road to Court Street unimpeded.
This connection shall include the platting of the right-of-way, construction and paving of
the roadway, completion of sidewalks and any necessary utilities or drainage structures,
and acceptance of the improvements by the City.
e
The Applicant acknowledges that the condition contained herein are reasonable condition to
impose on the land under Iowa Code §414.5 (1999), and that said condition satisfies public
needs which are directly caused by the requested zoning change.
e
The Applicant acknowledges that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional
Zoning Agreement.
The Parties acknowledge 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 Parties further acknowledge that this Agreement shall inure to the benefit of
and bind all successors, representatives and assigns of the Parties.
7. 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 upon adoption and
publication of the Ordinance, this Agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this day of
,1999.
ARLINGTON, L.C.
By: ~~a~atts~~)~
BY.~M~ind~~-~ Attest:
hn Morel nd
CITY OF IOWA CITY
By:
Ernest W. Lehman, Mayor
Marian K. Karr, City Clerk
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of before me,
a Notary Public19
in and f~r the State of
Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and,
who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the
City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of the corporation, by
authority of its City Council, as contained in (Ordinance) (Resolution) No. passed
by the City Council, on the day of , 19 , and that
Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
Notary Public in and for the State of Iowa
My commission expires:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this \\A-,,, day of ~,,-,,L , 19 c~c~ , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Gary Watts, to me known
to be the identical persons named in and who executed the within and foregoing instrument, and
acknowledged that he executed the same as his voluntary act and deed.
~~.~.. ~,~ ;.~
Not ir; and for~te State of Iowa
My commission expires: q, ~,,~ ~.~ .
4
STATE O F IOWA )
) ss:
JOHNSON COUNTY )
On this \~'~'~' day of "~ "~,~---~ , 19 ~,%, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared John Moreland, to me
known to be the identical persons named in and who executed the within and foregoing
instrument, and acknowledged that he executed the same as his voluntary act and deed.
Nota ry~i~'~c; for th~e' State of I~~a
ppdadmin~agt\coudst.doc
My commission expires:
Hy-Vee, Inc.
Mayor Ernie Lehman
and Members of the City Council
City Hall
410 E. Washington
Iowa City, IA 52240
June 17,1999
Ordinance Amending Neighborhood Commercial Zone
to Allow Pharmacies to Have a Drive-Through Facility
Dear Mayor Lehman:
I was in attendance at the Public Hearing on Tuesday, June 15, regarding the above-
referenced. Since there was no public comment, I am requesting that expedited consideration
be given at the June 29 City Council Meeting waiving the third reading.
I will be in attendance at the June 29 Council Meeting and would appreciate very much your
support in amending the zoning. Should any of you have any questions, please feel free to call
me at 515/267-2861.
Sincerely,
HY-VEE, INC.
David A. Bailie
Asst, Vice President, Real Estate
DAB/ta
pc: Dennis Ausenhus
5820 Westown Parkway, West Des Moines, Iowa 50266
Phone: (515) 267-2800
Prepared by Melody Rockwell, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319/356-6251
ORDINANCE NO. 99-3888
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. 99-3888
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 ESTAU RANT DR IVE-TH ROUG 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.
B. 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%
2. Incorporating a new subsection 14-6N-
1J2u conceming 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%
3. Relettering the remaining subsection 14-
6N-1J2u, Retail stores and shops (other
than those listed), as 14o6N-1J2v, and
relettering the remaining subsection 14-
6N-1J2v, Studios and stations, radio and
television, as 14-6N-1J2x.
Ordinance No. 99-3888
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 par~ 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 29th day of
ppdadmin',ordVestpark.doc
Ordinance No. 99-3888
Page 4
It was moved by Thornberry and seconded by
Ordinance asread be adopted, and upon rollcalltherewere:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
X O'Donnell
X Thornberry
X Vanderhoef
Kubby that the
Fimt Considemtion 5/18/99
Votefor passage: AYES: Champion, Kubby, Lehman, Norton, O'Donnell,
Thornberry, Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration 6/15/99
Vote for passage: AYES: Kubby, Lehman, Norton, O'Donne]],
Thornberry, Vanderhoef, Champion. NAYS: None. ABSENT: None.
Date published 7/7/99
j
Prepared by: Jim Brachtel, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5149
ORDINANCE NO. 99-3889
ORDINANCE AMENDING TITLE 14 ENTITLED
"UNIFORM DEVELOPMENT CODE,"
CHAPTER 1 ENTITLED "STREETS,
SIDEWALKS, AND PUBLIC RIGHT-OF-WAY
GENERALLY," ARTICLE E ENTITLED "SIGNS
IN PUBLIC PLACES," SECTION 4 ENTITLED
"EXCEPTIONS" OF THE CITY CODE TO
PROVIDE FOR PUBLIC INTEREST SIGNS IN
PUBLIC PLACES.
WHEREAS, the City would like to amend the
installation of public signs in public places.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Title 14 entitled
"Uniform Development Code" Chapter 1 entitled
"streets, sidewalks, and public right-of-way
generally," Article E entitled "Signs in Public
Places," Section 4 entitled "Exceptions" of the City
Code is hereby amended by the addition of:
14-1E-4: Exceptions. The City Manager or
designee may approve and execute applications
on the City's behalf for the placement of signs in
public places upon finding the signs:
1. Provide information and guidance to
locations of general public interest; and
2. Shall not create a hazard to movement
along the public place, access to the public place,
or interfere with convenience and tranquility of the
area adjacent to the public place.
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.
Ordinance No. 99-3889
Page 2
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 2qth day of
Ap, y:
ney's O _ _
pweng/ord/signs,doc
Ordinance No. 99-3889
Page 3
It was moved by Vanderhoef and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
X O'Donnell
X Thomber~/
X Vanderhoef
Thornberry that the
First Consideration 6/15/99
Vote for passage:AYES: Kubby, Lehman, Norton, O'Donne] 1,
Thornberry, Vanderhoef, Champion. NAYS: None. ABSENT: NOne.
Second Consideration
Vote for passage:
Date published 7/7/99
Moved by Vanderhoef, seconded by Thornberry, that the rule requiring
ordinances to be considered and Voted on for passa9e 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: Vanderhoef, Champion, Kubby, Lehman, Norton, O'Donnell,
Thornberry, NAYS: None. ABSENT: None.