HomeMy WebLinkAbout2000-03-21 OrdinancePrepared by: Dennis Mitchell, Asst. City Attomey, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, "~
CHAPTER 6, ENTITLED "ZONING", TO ~,~~
ALLOW WIDE-BASE FREESTANDING SIGNS
IN SOME COMMERCIAL ZONES UNDER
CERTAIN CONDITIONS.
WHEREAS, a request has been made to
amend the City's sign regulations to permit wide-
base freestanding signs in lieu of pole signs; and
WHEREAS, permitting wide-base
freestanding signs in the Intensive Commercial
(C1-1), Highway Commercial (CH-1), and
Community Commercial (CC-2) zones would be
appropriate provided certain conditions are met.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. Title 14, entitled Uniform
Development Code", Chapter 6, entitled
"Zoning", Article O, entitled "Sign Regulations,"
Section 2, entitled "Definitions" is hereby
amended by adding the following definition:
FREESTANDING, WIDE-BASE SIGN: A
freestanding sign in which the uprights or
braces are clad in a permanent material
such that the entire base has a monolithic or
columnar line which maintains essentially
the same contour.
SECTION II. Title 14, entitled Uniform
Development Code", Chapter 6, entitled
"Zoning", Article O, entitled "Sign Regulations,"
Section 3, entitled "General Rules and
Applicability," paragraph D, entitled "Size" is
hereby amended by amending subparagraph 3
to read as follows:
Freestanding signs, freestanding wide-base
signs, monument signs, or any other signs
not mounted on a building are not included in
this maximum building sign allowance and
are governed by the specific requirements of
the zone.
SECTION II1~ Title 14, entitled Uniform
Development Code", Chapter 6, entitled
"Zoning", Article O, entitled "Sign Regulations,"
Section 5, entitled "Signs Permitted by Zone;
Regulations," Paragraph D entitled "CH-1, CC-2
and C1-1 Zones," Paragraph 2, entitled
"Provisional Signs," is hereby amended by
adding a new subparagraph "e" to read as
follows:
In the CH-1, CC-2, and C1-1 zones, one
freestanding wide-base sign may be
installed per lot in lieu of a freestanding sign
or monument sign provided the following
conditions are met:
Ordinance No.
Page 2
(1) Lot frontage is not less than
one hundred sixty feet
(160'); and
(2) The City Engineer
determines the location of
the sign will not obstruct
visibility or otherwise pose a
safety hazard to vehicular
traffic, including the visibility
of vehicles entering or
exiting the lot.
SECTION IV. Title 14, entitled Uniform
Development Code", Chapter 6, entitled
"Zoning", Article O, entitled "Sign Regulations,"
Section 5, entitled "Signs Permitted by Zone;
Regulations," Paragraph D entitled "CH-1, CC-2
and C1-1 Zones," Paragraph 3, entitled
"Dimensional Requirements," Paragraph b,
entitled "Individual Signage Allowances" is
hereby amended by adding a new subparagraph
(8) to read as follows:
Freestanding Wide-Base Sign:
(A) Maximum Area Per Sign
Face: Two (2) square feet
per lineal foot of lot frontage,
not to exceed 125 square
feet per sign face. Any area
which is internally
illuminated, contains
attached lighting, or
contains letters, symbols, or
Iogos shall be counted as
part of the sign face.
(B) Maximum Height: Twenty-
five feet (25').
(C) Maximum Width of Base:
Ten feet (10').
SECTION V. Title 14, entitled Uniform
Development Code", Chapter 6, entitled
"Zoning", Article O, entitled "Sign Regulations,"
Section 7, entitled "Additional Regulations,"
Paragraph A, entitled "Dimensional
Requirements," Paragraph 1 entitled "Maximum
Sign Area" is hereby amended by amending the
first sentence to read as follows:
For freestanding, monument, and
freestanding wide-base signs, the individual
signage allowance includes the total area of
all sign faces associated with that sign, and
no sign face shall exceed one-half (1/2) of
the allowed sign area.
SECTION VI. Title 14, entitled Uniform
Development Code", Chapter 6, entitled
"Zoning", Article O, entitled "Sign Regulations,"
Section 7, entitled "Additional Regulations,"
Paragraph B, entitled Location Requirements," is -
hereby amended by amending the first sentence
of paragraph number 1 to read as follows:
Ordinance No.
Page 3
Except for those zones not requiring a
minimum front yard, no billboard, canopy,
freestanding, monument, freestanding wide-
base sign or sign support shall be located
within a triangular area at street
intersections, where the triangle is measured
from the intersection of curb lines and its
sides are seventy feet (70') in length along
arterial streets, fifty feet (50') in length along
collector streets and thirty feet (30') in length
along local streets.
SECTION VII. Title 14, entitled Uniform
Development Code", Chapter 6, entitled
"Zoning", Article O, entitled "Sign Regulations,"
Section 7, entitled "Additional Regulations,"
Paragraph B, entitled Location Requirements," is
hereby amended by adding the following
sentence at the end of paragraph number 2:
No part of a freestanding wide-base sign
shall be located within ten feet (10') of any
right-of-way or within thirty feet (30') of a
street curb.
SECTION VIII. REPEALER. All ordinances and
parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION IX. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or
unconstitutional.
SECTION X. EFFECTIVE DATE. This
Ordinance shall be in effect after its final
passage, approval and publication, as provided
by law.
Passed and approved this day of
,20__
MAYOR
ATTEST:
CITY CLERK
City Attorney's Office
dennis.mifiord%wide base sign ord.doc
Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, iowa City, IA 52240; 319/356-5251
ORDINANCE NO.
AN ORDINANCE DING ORDINANCE NO. 98-3830 AND THE ACCOMPANYING
CONDITIONAL AGREEMENT FOR A 4.46 ACRE TRACT, KNOWN AS LOUIS
CONDOMINIUMS, AND AT 500 FOSTER ROAD...' ·
WHEREAS, on April 28, 1 the City Council approv Ordinance No. 98-3830
(hereinafter "Ordinance'% ' ~g an approxeimate .46 acre tract located at 500 Foster
Road from ID-RS, Interim ~ment Singl F~~dential to OSA 8 Sensitive
Areas Overlay-8; and
existing single-family residence, the 4.46 acre tract; and
WHEREAS, said ordinance execution of a Conditional Zoning Agreement
between the City of Iowa City and rwood C. Louis II and Betty Louis, as property
owners, and H&O, LC, as contract :hasers, hereinafter collectively known as
"Applicant," which Agreement limited of the subject property; and
WHEREAS, Condition 3d set forth in the onditional Zoning Agreement acknowledged:
"The westerly private driveway between t e Louis household and Foster Road shall be
closed at such time as Norwood C. Louis a Betty Louis cease to occupy the existing
single-family residence, or the Foster Road idening project is commenced, whichever
event occurs first;" and .
WHEREAS, the Foster Road widening project oc rred in the fall of 1999 and the Louis
driveway was closed at that time per the provisio s of the Conditional Zoning
Agreement; and
WHEREAS, the Applicant now desires that Condition of the Conditional Zoning
at 500 Foster Road; and
WHEREAS, due to public safety concerns, the City desires that the driveway be closed
when developme,nt to the west causes Foster Road to reach a collector street threshold
of traffic; and
WHEREAS, the City estimates that when occupancy permits for 250 additional dwelling
units west of the Louis driveway have been issued, Foster Road will be at the collector
street traffic threshold of 2,500 vehicles per day; and
WHEREAS, the City acknowledges_it to be reasonable to allow only one household to use
said access to Foster Road on such a temporary basis if an escrow is paid to the City by
the Applicant to ensure that the a Iternative driveway will be constructed upon the
vacation of the premises by Norwood and Betty Louis or when development to the west
results in a collector street traffic :hreshold on Foster Road, whichever event occurs first.
NOW, THEREFORE, BE IT ORDAI~ ED BY THE CITY COUNCIL .~F THE CiTY OF IOWA
CITY, IOWA:
SECTION I APPROVAL. Ordinance No. 98-3830 and ~1 Conditional
Zoning Agreement are amended b~.f deleting Section 3~ the Agreement in its entirety
and inserting in lieu thereof the folbwing:
3d. The westerly private driveway tpetween the household and Foster Road shall
, r p 'nits have been issued for 250 dwelling
units west of the Louis driveway, winchever occurs first. The driveway, currently
closed under the provisions of the original zoning Agreement referenced
above, shall be allowed to re-open u¢ le of this ordinance and placement of an
adequate cash escrow. Said cash shallbe calculated for and may be used by
City to provide for the construction of e alternative driveway connecting the Louis
residence to Louis Place, as shown o~ :he approved plan, when the private driveway
connecting to Foster Road is closed..as ~rovided herein.
This Ordinance and amended Co~ditior Zoning Agreement, after adoption, shall be
recorded in the 3ohnson Coun~/Recorde Office by the City Clerk.
SECTION II ZONING MAP. ~on final approval and publication of this
Ordinance as provided by I.afN, the Building )fficial is hereby authorized and directed to
document the amendment/to the Conditiona Agreement on the zoning map of
the City of Iowa City, Iov~.
/
SECTION III. AMENDF~._ CONDITIONAL Following final passage
and approval of the O.Vdinance, the Mayor is authorized and directed to sign, and
the City Clerk to attar't, the amended Conditional g Agreement between the
Applicant and the C!~.
/
Clerk is hereby authorized and directed to certify a copy of Lhis Ordinance and the
amended Conditional Zoning Agreement for recording in the Office of the Recorder,
3ohnson County, Iowa, at the expense of H&O, LC, all as provided by law,
SECT[ON V. REPEALER. All ordinances and parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
SECT[ON VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity
of the Ordinance as a whole or any section, provision, or part thereof not adjudged
invalid or unconstitutional.
SECT[ON VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final
passage, approval and publication, as provided by law.
Passed and approved this day of ,2000.
City Clerk
\ //
A'I'I'EST: ~ /
Mayor ~
LouisordC.doc
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Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St)'eet, Iowa City, IA 52240; 319-356-5243
ORDINANCE NO. 00-3922
ORDINANCE AMENDING THE ZONING
CHAPTER BY CONDITIONALLY CHANGING
THE ZONING REGULATIONS OF
APPROXIMATELY 2.5 ACRES FROM
NEIGHBORHOOD COMMERCIAL (CN-1) TO
COMMERCIAL OFFICE (CO-'I) FOR
PROPERTY LOCATED ON THE WEST SIDE
OF FIRST AVENUE AT TUDOR DRIVE.
WHEREAS, Washington Park Partners
("Owner") is owner and legal title holder, and
Mercy Iowa City ("Applicant") is contract
purchaser, of approximately 2~5 acres of
property located on the west side of First
Avenue at Tudor Drive; and
WHEREAS, the applicant has requested the
rezoning of approximately 2.5 acres from
Neighborhood Commercial (CN-1) to
Commercial Office (CO-1) for property located
on the west side of First Avenue at Tudor Drive;
and
WHEREAS, the department of Planning and
Community Development has reviewed the
proposed rezoning and recommends that, with
appropriate conditions ensuring that the
development on this property is compatible with
the design concepts for the development of a
neighborhood commercial center contained in
the Comprehensive Plan, and results in no new
vehicular access points along First Avenue, the
proposal is in conformance with the
Comprehensive Plan; and
WHEREAS, the Planning and Zoning
Commission has reviewed the proposed
rezoning and has recommended that the
request be denied; 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 Owner and Applicant
acknowledge that certain conditions and
restrictions are reasonable to ensure a
development that is in conformance with the
Comprehensive Plan; and
WHEREAS, the applicant has agreed to use
Ordinance No. 00-3922
Page 2
this property in accordance with the terms and
conditions of a Conditional Zoning Agreement to
ensure that the above referenced neighborhood
commercial design compatibility and access
concerns directly caused by the requested
rezoning are addressed such that said rezoning
is in compliance with the Iowa City
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF 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
Neighborhood Commercial (CN-1) to
Commercial Office (CO-1):
Lot 2, First Avenue & Rochester Avenue
, Commercial Subdivision, Part One.
SECTION II. ZONING MAP. The Building
Inspector is hereby authorized and directed to
change the zoning map of the City of Iowa City,
Iowa, to conform to this amendment upon the
final passage, approval and publication of this
ordinance as provided by law.
SECTION III. 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 IV. 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 V. REPEALER. All ordinances and
parts of ordinances in conflict with the provision
of this ordinance are hereby repealed.
SECTION VI. 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.
Ordinance No. 00-3922
Page 3
SECTION VII. EFFECTIVE DATE. This
ordinance shall be in effect after its final
passage, approval and publication, as required
by law.
Passed and approved this 21st day of
March ,2000.
ATTEST(~i~2'~~K-"'> ~. '=/~
Ordinance No. 00-3922
Page. 4
It was moved by 0' Donnel 1 and seconded by Champi on that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
× Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 2/15/00
Voteforpassage:AYES: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn.
NAYS: None. ABSENT: None. ABSTAIN: Kanner.
Second Consideration 3/7/00
Vote for passage: AYES: Lehman, 0'Donnell, Pfab, Vanderhoef,Wilburn, Champion.
NAYS: Kanner, ABSENT: None.
Date published 3/29/00
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"), Mercy Iowa City (hereinafter "Applicant"), and Washington Park Partners (hereinafter
"Owner").
WHEREAS, Owner is owner and legal title holder, and Applicant contract purchaser, of approximately 2.5
acres of property located on the west side of First Avenue at Tudor Drive; and
WHEREAS, the applicant has requested the rezoning of approximately 2.5 acres from Neighborhood
Commercial (CN-1) to Commercial Office (CO-1) for property located on the west side of First Avenue at
Tudor Drive; and
WHEREAS, the department of Planning and Community Development has reviewed the proposed
rezoning and recommends that, with appropriate conditions ensuring that the development on this
property is compatible with the design concepts for the development of a neighborhood commercial
center contained in the Comprehensive Plan, and results in no new vehicular access points along First
Avenue, the proposal is in conformance with the Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended that the request be denied; and
WHEREAS, Iowa Code §414.5 (1999) provides that the City of Iowa City may impose reasonable
conditions on granting an applicanrs rezoning request, over and above existing regulations, in order to
satisfy public needs directly caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure a development that is in conformance with the Comprehensive Plan; 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 commercial design
compatibility and access concerns directly caused by the requested rezoning are addressed such that
said rezoning is in compliance with the Iowa City Comprehensive Plan.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows:
1. Owner is the property owner and legal title holder, and Applicant contract purchaser, of property
located on the west side of First Avenue at Tudor Drive, which property is more particularly described
as follows:
Lot 2, First Avenue & Rochester Avenue Commercial Subdivision, Part One.
2. Owner and Applicant acknowledge that the City wishes to ensure neighborhood commercial center
design and compatibility issues are addressed when the property is developed, and that traffic flow
along adjacent arterial streets is not unnecessarily disturbed. Further, the parties acknowledge that
Iowa Code §414.5 (1999} provides that the City of Iowa City may impose reasonable conditions on
granting a rezoning request, over and above the existing regulations, in order to satisfy public needs
directly caused by the requested change. Therefore, Owner and Applicant agree to certain
conditions over and above City regulations as detailed below.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that the
development of the subject property shall occur in substantial conformance with the concept plan
submitted with this application as revised and resubmitted on January 6, 2000. Owner and Applicant
2
further agree that minor variations from this concept plan must be approved by the Director of
Planning and Community Development. Major substantive variations from this concept plan are
tantamount to a rezoning, and shall proceed through the Planning and Zoning Commission and the
City Council. In particular, the Parties agree that the following provisions shall be considered material
conditions and incorporated into the development of the subject property:
a) There shall be no new vehicular access points serving the subject property along First Avenue;
b) The parking area at the north end of the site shall be designed to be physically integrated with the
existing parking area to the north;
c) Well-defined pedestrian walkways, paved in a decorative material such as brick (or some similar
material to help distinguish them from other paved areas on the site) shall be provided between
the main entry of the building and the sidewalk along First Avenue, as well as between the
building and the existing development to the north;
d) The front plane of the building shall be located approximately 85 feet from the First Avenue right-
of-way;
e) The front yard, in particular the areas between the proposed parking areas and the street, shall
be landscaped to help soften the view of the parking areas from the street. Said landscaping
shall consist of a combination of trees and an evergreen or deciduous hedge of at least three (3)
feet in height, and shall substantially conform to that illustrated on the above referenced concept
plan, or conform to an alternative landscaping plan approved by the Director of Planning and
Community Development. Owner and Applicant agree that all landscaping shall be maintained
and replaced as needed. If plant materials die or if it is necessary to remove plant materials
within the 15-foot utility easement along the First Avenue frontage due to utility maintenance or
installation, the Applicant shall replace said plant materials;
f) Landscaping shall be provided along the west end of the parking areas to soften the view of the
parking areas from the residential properties to the west. This landscaping shall be maintained in
perpetuity and replaced as necessary; and
g) The design provisions contained in City Code Sections 14-6E-2H(2)(I) through (k) shall be
adhered to.
4. The Owner and Applicant acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (1999), and that said conditions satisfy
public needs which are directly caused by the requested zoning change.
5. The Owner and Applicant acknowledge 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.
6. 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. Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Applicant from complying with all applicable local, state and federal
regulations.
8. 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.
3
Dated this 2--/ dayof tV~c~rcl-~ ,2000.
APPLICANT: CITY OF IOWA CITY '
Ronald R. Reed, President & CEO ~mest W. Lehman, Mayor
OWNER:
WASHINGTON PARK PARTNERS
Frank A. Boyd Marian K. Karr, City Clerk
) ss:
JOHNSON COUNTY )
On this 21 day of ~c~ , 20 ~ , before me,
P bl in and for the S~te of Iowa, personally appeared Ernest
~n r~ , a Nota~ u ic
W. Lehman and Madan K. Karr, to me pemonally known, and, who, being by me duly sworn, did say that
they am ~e Mayor and Ci~ Cle~, respectively, of the Ci~ of Iowa Ci~, Iowa; that the seal a~xed to the
foregoing instrument is the co~omte seal of the corporation, and that the instrument was signed and sealed
on behalf of the ~rporation, by au~ori~ of its Ci~ Council, as contained in (Ordinance) (Resolution) No.
~-~9Z~ passed by the Ci~ Council, on the z/ day of ~&Pr
~~, and that Ernest W. Lehman and Madan K. Karr acknowledged the execution of the instrument t~
be their volunta~ act and deed and the volunta~ a~ and deed of the corporation, by it voluntarily executed.
Nota~ Public in and br the S~te of Iowa
My commission expires: 3 - 7-
STATE OF IOWA )
) ss:
JOHNSON COUNff )
On this 3~3~ day of ~'~"~e , 20cC, before me, the undersigned, a Nota~
Public in and for said Count, id St e, rsonally appeared Ronald R. Reed, to me known to be the
identi~l pemons named in and who executed the within and foregoing instrument, and acknowledged that
he executed the same as his volunta~ act and deed.
Nota~ P~lic in and for the ~lowa
STATE OF IOWA )
) ss:
JOHNSON COUN~ )
4
On this -,L't day of '~-,~,,,,,,- , 20 <>o, before me, the undersigned, a Notary
Public in and for said County, in said State,'~ersonally appeared Frank A. Boyd, 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 for the State of Iowa
My commission expires: "1 {, 3 ~ o D,
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