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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.