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HomeMy WebLinkAbout2000-04-18 OrdinancePrepared by: Dennis Mitchell, AssL Oity Attorney, 410 E. W~shing~on St., Iow~ Oil, IA 52240; 31 ~35~5030 ORDINANOE NO. AN ORDINANOE AMENDING TITLE 14, OHAPTER 8, ENTITLED "ZONING", TO ALLOW WIDE-BA~E FREE~TANDING ~IGN~ IN ~OME OOMMEROIAL ZONE~ UNDER OERTAIN OONDITION~. 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-bas freestanding signs in the Intensive Commer (C1-1), Highway Commercial (CH-1), Community Commercial (CC-2) zones be provided ce~ain conditions met. NOW, THEREFORE, BE IT ORD BY Clff COUNCIL OF THE IOWA IOWA: I. Title 14, enl Uniform Develo Code", 6, entitled "Zonin, Adicle O, entitled Regulations," Section entitled "Defin is hereby amended adding the definition: WII SIGN: A sign in the uprights or braces ~ ~nent material such that th~ has a monolithic or columnar line maintains essentially the same conto~ SECTION II. Titl 14, entitled Uniform Development Chapter 6, entitled "Zoning", Adicle "Sign Regulations," Section 3, enl Rules and Applicability," entitled "Size" is hereby by subparagraph 3 to read as Ins, freest~ wide-base signs, m, signs, or ~y other signs not mou on a building included in this m~ building sign and the III. Title r Develops ~nt Code", Chapter 6, entitled "Zoning Adicle O, entitled "Sign Regulations," Sectio~ 5, entitled "Signs Permitted by Zone; Regul~ions," Paragraph D entitled "CH-1, CC-2 and 31-1 Zones," Paragraph 2, entitled "ProviSional Signs," is hereby amended by addin~ 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", Adicle 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 "Dimen 'nal Requirements," Paragraph b, entitled 'Individual Signage AIIowanc " is hereby a nded by adding a new subp agraph (8) to read s follows: Freesta ding Wide-Base Sign: (A) aximum Area Pe Sign F e: Two (2) sq re feet pe lineal foot of I frontage, not o exceed 25 square feet r sign fa e. Any area which is internally iliumin ed, contains Iogos sh be counted as pad of th n face. (B) Maximu ight: Twenty- five fee (C) Maxim h of Base: Ten f SECTION V. entitled Uniform Development ter 6, entitled "Zoning", Articl n Regu at ons," Section 7, e Regulations," Paragraph "Dimensional Requirement "Maximum Sign Area" is ending the freestar ding wide-base signs, the individual signaga allowance includes the total area of all sig- faces associated with that sign, and no si.cn face shall exceed one-half (1/2) of the al owed sign area. SECTIOI, 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," _,_,~ction 7, entitled "Additional Regulations," P~agraph B, entitled Location Requirements," is hereby amended by adding the following Ice at the end of paragraph number 2: part of a freestanding wide-base sign be located within ten feet (10') of any rr or within thirty feet (30') of a street Jrb, SECTION I. REPEALER. All ordin and parts of ~ces in conflict with the ~ of this Ordin ; are hereby SECTION IX. any section, provision or of the shall be adjudged to be I, such adjudication shall the validity of the Ordinance as a whol ~ny section, provision or part thereof no adjudged invalid or unconstitutional. SECTION X. E 'IVE DATE. This Ordinance shall after its final passage, as provided by law. Passed and ~proved this ly of__ ,20 MAYOR ATTES: CITY CLERK City Attorney's Office dennis.mit~or~wide base sign ord.doc Ordinance No. N,,, Page 2 ~, (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 Devel- ,,, opment 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 CL~Ji '\ Zones," Paragraph 3, entitled "DimensiC'nal '~ Requirements," Paragraph b, entitled "lndi~lual "-. a r as '\ follows: ', Freestanding Wide-Base Sign: ', (A) Maximum Area Per .,. '~ Face: Two (2) SqL feet '\ per lineal foot of lot "%. frontage, not to 125 \ square feet p n face. Any area whi is internally illuminated contains attached lighting, or symbols, or be counted as Ihe sign face. (B) Ma Height: Twenty- fi' (26'). (C) Width of Base: 10'). Title 14 !ntitled Uniform Develop- ment Cha .=ntitled "Zoning", Article O, en "Sign Re! Section 7, entitled "A~ ional Regulations," fraph A, entitled "Di ~nsional Rec ~," Paragraph 1 "Maximum Sign ~rea" is hereby by amending the sentence to read ~s follows: paragraph number 1 to read as follow. s.: . . Except for those zone.s. not requ~nng a m~nF mum .front yard, no ballboard, ca.n. opy, f!ee- Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 ORDINANCE NO. AN ORDINANCE VACATING AN UNDEVELOPED PORTION OF WOOLF AVENUE FROM MCLEAN STREET SOUTH FOR A DISTANCE OF 240 FEET. _ WHEREAS, the Applicant, Craig H. Syrop, has requested that the City vacate a portion of the WooIf Avenue right-of-way from McLean Street south for a distance of 240 feet; and WHEREAS, the subject right-of-way is currently undeveloped, and does not appear to be a necessary component of the neighborhood street system; and WHEREAS, a sanitary sewer easement and a storm sewer easement will be retained over a portion of the right-of-way and no structures will be permitted to be constructed or trees planted within these easements; and WHEREAS, the City intends to dispose of the subject right-of-way via sale of the vacated property to the applicant and/or other adjacent property owner(s). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. Subject to the retention of public sanitary sewer and storm sewer easements, the City of Iowa City hereby vacates the portion of the WooIf Avenue right-of-way from McLean Street south for a distance of 240 feet, legally described as follows: Commencin9 at the Northwest Comer of Block Four (4), Manville Addition to Iowa City, Iowa; thence south alon9 the eastedy right-of-way of WooIf Avenue 240 feet; thence west to a point on the westedy right-of-way of WooIf Avenue that is 240 feet south of an extension of the southerly right-of-way of McLean Street; then north 240 feet to an extension of the southerly fight-of-way of McLean Street; then east to the Point of Beginning. Said legal description is meant to descdbe a 240-foot section of the entire WooIf Avenue right-of- way south of the southerly right-of-way of McLean Street, according to Manville's Addition to Iowa City, Iowa. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. Page 2 Passed and approved this day of ,20 MAYOR ATTEST: CITY CLERK 'City A::~d'' ~y~~ ppdad m/ord/woolf. doc Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 4'10 E. Washington, Iowa City, IA 52240; 319/356-5251 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 98-3830 AND THE ACCOMPANYING CONDITIONAL ZONING AGREEMENT FOR A 4.46 ACRE TRACT, KNOWN AS LOUIS CONDOMINIUMS, AND LOCATED AT 500 FOSTER ROAD. WHEREAS, on April 28, 1998, the City Council approved Ordinance No. 98-3830 (hereinafter "Ordinance"), rezoning an approximate 4.46 acre tract located at 500 Foster Road from ID-RS, Interim Development Single-Family Residential, to OSA-8, Sensitive Areas Overlay-8; and WHEREAS, this rezonin9 permitted the development of 32 dwelling units, includin9 a 20- unit multi-family residential building, five duplexes, a new single-family residence and an existing single-family residence, on the 4.46 acre tract; and WHEREAS, said ordinance authorized execution of a Conditional Zoning Agreement between the City of Iowa City and Norwood C. Louis II and Betty Louis, as property owners, and H&O, LC, as contract purchasers, hereinafter collectively known as "Applicant," which Agreement limited development of the subject property; and WHEREAS, Condition 3d set forth in the Conditional Zoning Agreement acknowledged: "The westerly private driveway between the Louis household and Foster Road shall be closed at such time as Norwood C. Louis and Betty Louis cease to occupy the existing single- family residence, or the Foster Road widening project is commenced, whichever event occurs first;" and WHEREAS, the Foster Road widening project occurred in the fall of 1999 and the Louis driveway was closed at that time per the provisions of the Conditional Zoning Agreement; and WHEREAS, the Applicant now desires that Condition 3d of the Conditional Zoning Agreement be amended to allow the driveway to be opened and remain open during the time that Norwood C. Louis and Betty Louis reside in the Ordinance No. Page 2 single-family structure located at 500 Foster Road; and WHEREAS, due to public safety concerns, the City desires that the driveway be closed when development 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 alternative 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 threshold on Foster Road, whichever event occurs first. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Ordinance No. 98- 3830 and the accompanying Conditional Zoning Agreement are amended by deleting Section 3d of the Agreement in its entirety and inserting in lieu thereof the following: 3d. The westerly private driveway between the Louis household and Foster Road shall be closed at such time as Norwood C. Louis and Betty Louis cease to occupy the existing single- family residence, or when occupancy permits have been issued for 250 dwelling units west of the Louis driveway, whichever event occurs first. The driveway, currently closed under the provisions of the original conditional zoning Agreement referenced above, shall be allowed to re-open upon passage of this ordinance and placement of an adequate cash escrow. Said cash escrow shall be calculated for and may be used by City to provide for the construction of the alternative driveway connecting the Louis residence to Louis Place, as shown on the approved plan, when the private driveway connecting to Foster Road is closed as provided herein. This Ordinance and amended Conditional Zoning Agreement, after adoption, shall be recorded in the Johnson County Recorder's Office by the City Clerk. SECTION II ZONING MAP. Upon final passage, approval and publication of this Ordinance as provided by law, the Building Official is hereby authorized and directed to document the Ordinance No. Page 3 amendment to the Conditional Zoning Agreement on the zoning map of the City of Iowa City, Iowa. SECTION III. AMENDED CONDITIONAL ZONING AGREEMENT. Following final passage and approval of the Ordinance, the Mayor is hereby authorized and directed to sign. and the City Clerk to attest, the amended Conditional Zoning Agreement between the Applicant and the City. - SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of this Ordinance, and after execution of the amended Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this Ordinance and the amended Conditional Zoning Agreement for recording in the Office of the Recorder, Johnson County, Iowa, at the expense of H&O, LC, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 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. SECTION 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 ATTEST: Mayor_~~ ::.::::,: Ordinance No. Page __ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion - Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 3/7/00 Voteforpassage: AYES: Kanner, Lehman, O'DQfine]'l, Vanderhoef, Wilbur'n, Champion. NAYS: Pfab. ABSENT: None. Second Consideration 3/21/00 Vote for passage: AYES : Wi]burn, Champion, Kanner, Lehman, O'Donne]], Vanderhoef. NAYS: Pfab. ABSENT: None. Date published Prepared by Melody Rockwell, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 3~.9/356-5251 AMENDED CONDITIONAL ZONING AGREEMENT THIS AMENDED AGREEMENT is made by and between the City of lowa City, Iowa, a Municipal Corporation (hereinafter "City''), Norwood C. Louis II and Betty Louis, husband and wife and H&O, LC, as property owners (hereinafter collectively "Applicant"). WHEREAS, the Applicant is legal title holder of the 4.46 acre property located at 500 Foster Road; and WHEREAS, on April 28, 1998, the City Council of Iowa City approved Ordinance No. 98- 3830 (hereinafter "Ordinance") rezoning said tract from Interim Development Single- Family Residential (ID-RS) to Sensitive Areas Overlay-8 (OSA-8) to permit 32 dwelling units on the property; and WHEREAS, said Ordinance authorized execution of a Conditional Zoning Agreement between the City and the Applicant, which limited development of the property; and WHEREAS, said Ordinance and Agreement were recorded on May 5, 1998 in Book 2478, Page 289 of the .lohnson County Recorder's Office, and WHEREAS, Condition 3d set forth in the Agreement acknowledged that the westerly driveway between the Louis household and Foster Road shall be closed at such time as Norwood C. Louis and Betty Louis cease to occupy the existing single family residence, or the Foster Road widening project is commenced, whichever event occurs first; and WHEREAS, the City and the Applicant now desire to amend the Conditional Zoning Agreement to allow the Louis driveway to remain open during the time that Norwood C. Louis and Betty Louis reside in the single-family residence located at 500 Foster Road or until development to the west in the peninsula area causes Foster Road to reach a collector street threshold of traffic, whichever event occurs first; and WHEREAS, the City and Applicant agree that it is reasonable to keep the driveway open temporarily if an escrow is paid to the City by the Applicant to ensure that the alternative driveway connecting to Louis Place is constructed when Norwood and Betty Louis vacate the premises or when occupancy permits for 250 additional dwelling units in the peninsula area west of the Louis driveway have been issued, whichever event occurs first. 2 1. The Parties acknowledge that the original Conditional Zoning Agreement specified closure of the private driveway serving the Louis household when the Foster Road widening project commenced and that the Parties now desire to amend that provision so that Norwood and Betty Louis may retain use of their existing driveway until they no longer reside at the 500 Foster Road residence or until development to the west reaches a collector street traffic threshold on Foster Road, whichever event occurs first .... 2. The original Conditional Zoning Agreement recorded May 5, :L998 in Book 2478, Page 289 of the 3ohnson County Recorder's Office shall be and is hereby amended by deleting Section 3d of said Agreement in its entirety and inserting in lieu thereof the following: 3d. The westerly private driveway between the Louis household and Foster Road shall be closed at such time as Norwood C. Louis and Betty Louis cease to occupy the existing single-family residence, or when occupancy permits have been issued for 250 additional dwelling units west of the Louis driveway, whichever event occurs first. The driveway, currently closed under the provisions of the original Conditional Zoning Agreement referenced above, shall be allowed to re-open upon passage of this ordinance and placement of an adequate cash escrow. Said cash escrow shall be calculated for and may be used by City to provide for the construction of the alternative driveway connecting the Louis residence to Louis Place, as shown on the approved plan, when the private driveway connecting to Foster Road is closed as provided herein. 3. The Parties acknowledge that the conditions contained in the original Agreement are reasonable conditions to impose on the land under ]:owa Code Section 414.5 (1999) and amending Condition 3d should not prove detrimental to the public safety of both the residents in the area and the community because it is a temporary condition that will be ended either prior to or when Foster Road reaches a collector street traffic threshold and requires that an escrow be paid to assure that the alternative driveway is constructed as the area to the west becomes more fully developed and Foster Road becomes a more heavily-traveled street. 4. Applicant acknowledges that in the event the subject property is transferred, sold, redeveloped or subdivided, all redevelopment will conform to the terms of this amended Agreement. 5. The Parties acknowledge that this amended Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the 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. 6. Applicant acknowledges that nothing in this Agreement shall be construed to relieve the Applicant from complying with all applicable local, state and federal regulations. 3 7. Applicant acknowledges that nothing in this amended Agreement in any way alters, amends or modifies the original Conditional Zoning Agreement except as set forth above. 8. The Parties agree that this amended Agreement shall be incorporated by reference into the Ordinance approving the amendment; and that upon adoption and publication of the Ordinance, this agreement shall be recorded in the 3ohnson County Recorder's Office at the expense of H&O, LC. _ Dated this day of ,2000. H&O, LC CITY OF IOWA CITY By' ' ~ By: · ' el E. Ho '  Ernest W. Lehman, Mayor By' Attest: Marian K. Karr, City Clerk NORWOOD C. LOUZS II & STATE OF IOWA ) )SS: JOHNSON COUNIY ) On this __ day of ,2000, before me , a Notary Public in and for 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; _t_~t 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 No. passed by the City Council, on the day of ,2000, and that Ernest W. Lehman and Marian K. Karr acknowledge 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: 3OHNSON COUNTY ) On this ~o day of /Y)~,~c~4 , 2000, before me the undersigned, a Notary Public in and for said County, in said State, personally appeared Dean Oakes, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. u;~ ~' ~' ~ o Nota~ Public in and for the State of Iowa My commission expires: ~- ~ -~ ~ STATE OF IOWA ) )ss: 3OHNSON COUN~ ) On this _t~o day of ~~14 , 2000, before me the undersigned, a Nota~ Public in and for said Count, in said State, personally appeared Michael E. Hodge, to me known to be the identical person named in and who executed the within and foregoing instrument and acknowledged that he executed the same as his volunta~ act and deed. Public in and for the State of Iowa Ny commission expi~es: ~ - ~- ~ ~ 5 STATE OF IOWA ) )ss: 3OHNSON COUNTY ) ' On this 7th day of M~reh ,2000, before me the undersigned, a Notary Public in and for said County, in said State, personally appeared Norwood C. Louis II and Betty Louis, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they ex~C~L~ted the same as their voluntary act and deed.