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HomeMy WebLinkAbout2000-05-16 Ordinance Prepared by: Melody Rockwell. Assoc. Planner. City of Iowa City, Iowa, 410 E. Washington Street, Iowa City. IA 52240; 319-356-5251 ORDINANCE NO. 00-3924 ORDINANCE, AMENDING THE ZONING CHAPTER BY CHANGING THE USE REGULATIONS OF RM-12 ZONED PROPERTY LOCATED SOUTH OF BURLINGTON STREET ALONG THE 300 - 600 BLOCKS OF GOVERNOR STREET AND A PORTION OF THE 800 - 900 BLOCKS OF BOWERY STREET FROM RM-12, LOW DENSITY MULTI-FAMILY RESIDENTIAL, TO RNC-12, NEIGHBORHOOD CONSERVATION RESIDENTIAL WHEREAS, the subject area is currently zoned RM-12, Low Density Multi-Family Residential; and WHEREAS, property owners in the area have requested that the City rezone the subject property to preserve the character and historical integrity of a portion of the neighborhood located south of Burlington Street and adjacent to the Summit Street Historic Preservation District; and WHEREAS, 75% of the properties in the subject area are developed with single-family homes or duplexes; and WHEREAS, 90% of the structures in the subject area were originally constructed as single-family homes; and WHEREAS, the predominant visual character of the subject area is one of a single-family neighborhood rather than a multi-family neighborhood; and WHEREAS, the Comprehensive Plan calls for the City to strive to preserve the identity and character of the community while guiding the creation of compatible new areas; and WHEREAS, the Comprehensive Plan acknowledges that older neighborhoods provide a mix of housing types, including rooming houses, apartments and single-family homes, and the City is committed to preserving these diverse older neighborhoods; and WHEREAS, the Historic Preservation Plan, a component of the Comprehensive Plan, recognizes that there are areas in the City where the current zoning does not seem to support its goals to protect the character of older neighborhoods, and calls for reviewing and revising underlying zoning classifications for such areas; and Ordinance No. 00-3924 Page 2 WHEREAS, rezoning the subject area to RNC-12 will not create additional nonconforming uses, but will stabilize the area by limiting the establishment of new multi-family residential uses and by reducing the consequent potential for demolition of existing residential structures in the area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I.. APPROVAL. The property described below is hereby reclassified from its present classification of RM-12, Low Density Multi-Family Residential, to RNC-12, Neighborhood Conservation Residential: \, An area containing Berryhill's Second Addition, Block 1, Lots 11 -20; Berryhill's Second Addition, Block 2, Lots 1 - 10; Jerome's Addition, Lots H, I, J (east 31.2 feet), P, Q, R, T, U, V & W (west 41.5 feet); lots encompassed on property bound as follows: commencing at the northeast corner of Berryhill's Second Addition, Block 1, Lot 20, north 88 feet along the west right-of-way line of Governor Street, west 160 feet, south 88 feet and east 160 feet to the point of beginning; commencing at the northwest comer of Berryhill's Second Addition, Block 2, Lot 1, north 328 feet, east 80 feet, south 98 feet, east 75 feet, south 220 feet, east 34.25 feet, south eight feet, west 189.25 feet to the point of beginning; and commencing at the southeast corner of Jerome's Addition, Lot H, south 72 feet along the west right-of-way line of Governor Street, west 150 feet, north seventy-two feet along the east right-of-way line of the north-south alley between Governor Street and Lucas Street and east 150 feet to the point of beginning, all of 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. 00-3924 Page 3 Passed and approved this 16th day of . ,2000. Ordinance No. 00-3924 Page 4 It was moved by Vanderhoef and seconded by 0' Donnel 1 that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab x Vanderhoef X Wilbum First Consideration 5 / 2 / 00 Voteforpassage: AYES: Lehman, 0'Donnell, Pfab, Vanderhoef, Wi]burn, Champion, Kanner. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 5/24/00 Moved by Vanderhoef, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting 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: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Kanner. NAYS: None. ABSENT: None. Prepared by: Melody Rockwell. Assoc. Planner. 410 E. Washington Street, Iowa City. IA 52240; 319-356- ORDINANCE NO. 00-3925 ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE USE REGULATIONS OF RM-12 ZONED PROPERTY LOCATED SOUTH OF BURLINGTON STREET ALONG THE 300 - 600 BLOCKS OF LUCAS STREET AND A PORTION OF THE 700 - 800 BLOCKS OF BOWERY STREET FROM RM-12, ~ LOW DENSITY MULTI-FAMILY RESIDENTIAL; TO RNC-12, NEIGHBORHOOD CONSERVATION RESIDENTIAL WHEREAS, the subject area is currently zoned RM-12, Low Density Multi-Family Residential; and WHEREAS, property owners in the area have requested that the City rezone ,the subject property to preserve the character and historical integrity of a portion of the neighborhood located south of Burlington Street in an older, near downtown residential neighborhood; and WHEREAS, 70% of the properties in the subject area are developed with single-family homes or duplexes; and WHEREAS, neady 90% of the structures in the subject area were originally constructed as single-family homes; and WHEREAS, the predominant visual character of the subject area is one of a single-family neighborhood rather than a multi-family neighborhood; and WHEREAS, the Comprehensive Plan calls for the City to strive to preserve the identity and character of the community while guiding the creation of compatible new areas; and WHEREAS, the Comprehensive Plan Ordinance No. 00-3925 Page 2 acknowledges that older neighborhoods provide a mix of housing types, including rooming houses. apartments and single- family homes and that the City is committed to preserving these diverse older neighborhoods; and WHEREAS, the Histodc Preservation Plan, a component of the Comprehensive Plan, recognizes that there are areas in the City where the current zoning does not seem to support its gqals to protect the character of older neighborhoods, and calls for reviewing and revising underlying zoning classifications for such areas; and WHEREAS, rezoning the subject area to RNC-12 will not create additional nonconforming uses. but will stabilize the area by limiting the establishment of new multi-family residential uses and by redudng the consequent potential for demolition of existing residential structures in the area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its present classification of RM-12, Low Density Multi-Family, to RNC-12, Neighborhood Conservation Residential: An area containing Berryhill's Second Addition, Block 1, Lots 1-10; Oak Hill Addition, Lots 1 - 12; Jerome's Addition, Lots J (west 31.2 feet), K, L, M, N & O; lots encompassed on property bound as follows: commencing at the nodheast comer of propei'ty located in the southwest quadrant of the Bowery-Lucas Street intersection, west for 185.7 feet along the south right-of-way line of Bowery Street; then south 220 feet along the east right-of-way line of the north-south alley between Lucas and Dodge Streets, then east 70 feet, north 60 feet, east 122.5 feet and north 160 feet to the point of beginning; and commenting at the northwest comer of Berryhill's Addition, Block 1, Lot 1, north 310 feet along the east right-of- way line of Lucas Street, east 120 feet, south 150 feet, east 40 feet, south 159 feet, and west 160 feet to the point of beginning; and commencing at the northeast comer of Oak Hill Addition. Ordinance No. 00-3925 Page 3 Lot 1, north 581.99 feet along the west right-of-way line of Lucas Street, west 164.69 feet, south 581.99 feet along the east right-of-way line of the north s- south alley between Lucas and Dodge Streets and east 161.48 feet to the point of beginning, all of 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 df the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this ~ day of MAYOR ATTEST: CLE~-~-~/,~) CITY A Ordinance No. 00-3925 Page 4 It was moved by Wi l burn and seconded by Pfab that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion X Kanner X Lehman X O'Donnell X Pfab × Vanderhoef X Wilbum First Consideration 5/2/00 Vote for passage: AYES: O'Donnel], Pfab, Vanderhoef, Wilburn, Champion, Kanner, Lehman. NAYS: None. ABSENT: None. Second Consideration Vote foi' passage: Date published 5/24/00 Noved b~v Wi'lburn, seconded b)' Pfab, t. hat. the rule requiring ordinances t.o be considered and voted on for passage al: two Council meetjngs prior to the meet. in9 at. which it. is t.o be finall.y passed be suspended, the second considerat. ion and vote be waived and the ordinance be voted upon for final passage at this tjme. AYES: Pfab, Vanderhoef, Wilburn, Champion, Kanner, Lehman, 0'Donnell. NAYS: None. ABSENT: None. Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. t~Fi-3926 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 C!ty's sign regulations to permit wide- base freestanding signs in lieu of pole signs and to allow such signs to be 26 feet in height; and WHEREAS, permitting wide-base free- standing signs in the Intensive Commercial (CI- 1), Highway Commercial (CH-1), and Commu- nity Commercial (CC-2) zones would be appro- priate 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 Develop- ment 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 Develop- ment 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 III. 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 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: (1) Lot frontage is not less than one hundred sixty feet (160'); and Ordinance No. 00-3926 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 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- six feet (26'). (C) Maximum Width of Base: Ten feet (10'). SECTION V. Title 14, entitled Uniform Develop- ment Code", Chapter 6, entitled "Zoning", Article O, entitled 'Sign Regulations," Section 7, entitled "Additional Regulations," Paragraph A, entitled "Dimensional Requirements," Paragraph~'l entitled uMaximum Sign Area" is hereby amended by amending the first sentence to read as follows: For freestanding, monument, and free- standing 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 Devel- opment 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: Except for those zones not requiring a mini- mum front yard, no billboard, canopy, free- standing, monument, freestanding wide- base sign or sign support shall be located Ordinance No. 00-3926 Page 3 within a triangular area at street intersec- tions, 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 collec- tor streets and thirty feet (30') in length along local streets. SECTION VII. Title 14, entitled Uniform Devel- opment 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 am 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 unconsti- tutional. SECTION X. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 16th day of__ Nay, ,20 00 . MAYOR CI Ordinance No. 00-3926 Page 4 It was moved by Champi on and seconded by Vanderhoef that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum First Consideration 4/18/00 Vote for passage: AYES: Lehman, O'Donnell, Vanderhoef, [4~itburn, Champion. NAYS: Kanne~', Pfab. ABSENT: None. Second Consideration 5/2/00 Voteforpassage: AYES: Wilburn,Champion, Lehman, 0'Donnell, Vande~'hoef. NAYS: Kanner, Pfab. ABSENT: None. Date published 5/24/00 Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 00-3927 AN ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING DESIGNATION FROM PLANNED HIGH DENSITY RESIDENTIAL MULTI-FAMILY (PRM) TO SENSITIVE AREAS OVERLAY (OSA-PRM) AND APPROVING A PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN FOR 20,516 SQUARE FEET LOCATED AT THE NORTHWEST CORNER OF LINN AND PRENTISS STREETS. WHEREAS, the property owners, Charles McComas and Haywood Belle, have requested a zone change from PRM to OSA-PRM and approval of a preliminary sensitive areas development plan for property located at the Northwest Corner of Linn and Prentiss Streets; and WHEREAS, the subject property contains "critical" slopes as defined by the Sensitive Areas Ordinance; and WHEREAS, the proposed preliminary sensitive areas development plan is in technical compliance with all applicable provisions of the City Code, including the Sensitive Areas Ordinance, with the exception of a requested variation to allow modification to the required front yards; and WHEREAS, the requested modification to the required front yard is consistent with surrounding properties and the intent of the Sensitive Areas Ordinance and PRM zone; and WHEREAS, the Planning and Zoning Commission has reviewed this proposed zone change and has recommended approval. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. ZONING AMENDMENT. Property described below is hereby reclassified from its present classification of PRM to OSA-PRM: A portion of Block 9, County Seat Addition to Iowa City, Iowa, according to the plat thereof, recorded in Plat Books 1 & 2 at Page 253 in the Records of the Johnson County Recorder, the boundaries of which are described as follows: Commencing at the Northeast Corner of Lot 4 in Block 9 in County Seat Addition of Johnson County, Iowa, according to the Plat thereof; running thence south 80 feet to the Southeast Corner of said Lot 4; Ordinance No. 00-3927 Page 2 thence west 70 feet; thence north 80 feet to the nodh line of Lot 4; thence east 70 feet to the beginning, and the south 40 feet, except the west 40 feet of Lot 3 in Block 9, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof, and commencing at a point 70 feet west of the Southeast corner of Lot 4 in Block 9 in that part of Iowa City, Iowa, known as County Seat of Johnson County, Iowa, according to the plat thereof, thence north 80 feet; thence west 40 feet; thence south 80 feet; thence east 40 feet to the place of beginning, and commencing at the Southwest Corner of Lot 4 in Block 9 in that part of Iowa City, Iowa, known as the County Seat of Johnson County; thence nodh 80 feet; thence east 80 feet; thence south 80 feet; thence west 40 feet to the place of beginning, and the west 40 feet of the south half of Lot 3 in Block 9 in that part of Iowa City, Iowa, known as the County Seat of Johnson County, according to the plat thereof, and the south 120 feet of the 20 feet wide alley located in Block 9, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof, subject to an easement for sewer and water lines and utilities over the entire parcel. The Grantees shall be unable to construct any permanent structure over the entire parcel. SECTION II. VARIATION. The following variation from the requirements of the PRM zone is herein approved as part of the preliminary sensitive areas development plan: A modification of the required 20-foot front yards to 11 feet adjustment to Prentiss Street and 9 feet adjacent to Linn Street. SECTION III. ZONING MAP. The Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa to conform to this amendment upon final passage, approval, and publication of this ordinance as provided by lawj SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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 VI. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approv- al and publication, as provided by law. Passed and approved this 16t. h day of Ordinance No. 00-3927 Page 3 CITY CLERK C~'drne~ rne ppdadmin~ord'dinnpren.doc Ordinance No. 00-3927 Page 4 It was moved by 0 ' Donnel 1 and seconded by Pfab 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 4/18/00 Voteforpassage: AYES: Lehman, O'Donnell, Pfab, Vander'hoef, W'ilburn, Champ'ion, Kanner'. NAYS: None. ABSENT: None. Second Consideration 5/2/00 Votefoi'passage:AYES: Vanderhoef, W.ilburn, Champ'ion, Kanner, Lehman, O'Donnell, Pfab. NAYS: None. ABSENT: NOne. Date published 5/24/00 Prepared by: Melody Rockwell, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. 00_39;>8 AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ZONING, TO ALLOW MASONRY WALL SIGNS IN THE GENERAL INDUSTRIAL (I-I), HEAVY INDUSTRIAL (I-2), OFFICE RESEARCH PARK (ORP) AND RESEARCH DEVELOPMENT PARK (RDP) ZONES. WHEREAS, masonry wall signs are not permitted under the current sign regulations in the Zoning Chapter; and WHEREAS, masonry wall signs can provide attractive, appropriate signage when located under certain limitations at office research park, research development park or industrial park entranceways; and WHEREAS, masonry wall signs under the terms of this ordinance shall be limited to being identification signs only, meet the dimensional requirements for facia signs and be affixed to a fence or a wall that is a permitted structure within the subject zones; and WHEREAS, sign congestion will be ameliorated by the ordinance provision that no other freestanding, monument or other non-building signs may be located at an entranceway where either one or two masonry wall signs are located. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT: Chapter 6, Zoning Chapter, Article O, Sign Regulations, of the City Code is hereby amended by: a. Adding the following definition to subsection 14-60-2, as follows: MASONRY WALL SIGN: An identification sign mounted on the face of or inset into a fence or wall constructed of masonry materials. Such identification sign or set of two signs shall identify only one entity or one group of entities, such as identifying an office research park, research development park or industrial park. b. Repealing subsection 14-60-3D3 in its entirety and adding a new subsection 14-60-3D3 as follows: Freestanding signs, free-standing wide-base signs, monument signs, masonry wall 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. c. Adding the following subsection 14-60-5G2c, as follows: At each entranceway, up to two masonry wall signs may be established if no freestanding, monument or other non-building signs are located at that entranceway. In the ORP zone, masonry wall signs up to twelve (12) feet in height may be established in the required front yard provided the signs are located a minimum of twenty (20) feet back from street right-of-way lines, d. Adding the following subsections 14-60-5G3b6A and 14-60-5G3b6B as follows: 6. Masonry Wall Sign. (A) Maximum Area: two (2) square feet per lineal foot of lot frontage, not to exceed one hundred fifty (150) square feet in total or seventy-five (75) square feet per sign face and shall constitute no more than fifteen (15) percent of the total area of the face of the masonry wall. (B) Maximum Height: The sign area shall be a minimum of one (1) foot less than the height of the masonry wall. e. Repealing subsection 14-60-7A3 in its entirety and adding a new subsection 14-60-7A3, as follows: The area of each sign, regardless of shape, shall be computed by determining the area of a triangle, rectangle or circle which completely encloses the outer perimeter of the sign face or which completely encloses the whole group of characters or words in the case of a sign composed of characters or words attached directly to a building, an appurtenance to a building, or a masonry wall. 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. Ordinance No. 00-3928 Page 2 SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. and;~,;d ' ~' y of Ha y ,2000. C~CLERK Ordinance No. 00-3928 Page. 3 It was moved by Pfab and seconded by Champ1 on that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum First Consideration 4/18/00 Vote for passage: AYES: O'Donne]], Pfab, Vander'hoef, W'i]but'n, Champion, Kanner', Lehman. NAYS: None. ABSENT: None. Second Consideration 5/2/00 Vote for passage: AYES: Champion, Kanner, Lehman, O'Donne]], Pfab, Vanderhoef, Wi]burn. NAYS: N6ne. ABSENT: None. Date published 5/24/00 Prepared by: Melody Rockwell, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5 1 ORDINANCE NO. 00-3928 AN ORDINANCEA~ENDING TITLE 14, CHAPTER 6, ZONING, TO ALLOW MASONRY W L SIGNS IN THE GENERAL INDUSTRIAL (I-1), HEAVY INDUSTRIAL (I-2), OFFICE RESEARCH P (ORP) AND RESEARCH DEVELOPMENT PARK (RDP) ZONES. an~HEREAS, masonry wall sidns are not permitted under the current sign regulatio WHEREAS, masonry wall signs ~ provide attractive, appropriate signage W,h/en located under certain limitations at office research park, res~,ch development park or industrial park ,d'ntranceways; and WHEREAS, masonry wall signs under~t~e terms of this ordinance shall b~Z limited to being identification signs only, meet the dimensional requirements for facia signs and be affi~d to a fence or a wall that is a permitted structure within the subject zones; a;~'~L, // WHEREAS, sign congestion will be ameliorat~, by the ordinance rovision that no other freestanding, monument or other non-building signs may be Ioca't~d at an entran~wray where either one or two masonry wall signs are located. \ NOW, THEREFORE, BE IT ORDAINED BY THE CIT' COUN/C~ OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT: Chapter 6, Zoning Chapter~,Ort~le O, Sign Regulations, of the City Code is hereby amended by: a. Adding the following definition to subsection 14-6 '-2, ~ follows: MASONRY WALL SIGN: An identification sign mounted on the face of or inset in a fence~t:~ wall constructed of masonry materials. Such identification sign or set of two signs shall i ntify only on~ntity or one group of entities, such as Freestanding signs, monument signs, mas ~ wall signs or any other igns not mounted on a building ~;;tz~ded in this maximum buildin ig~r,~ allowance and are go;~y the specific requirements c. Adding the following subsection 14-~ as follows: At each entrancewa up to~~~o mason~ wall signs may be established if no fre~standing, ~onument or other non-bu~ldin~ s ns are Iocate~ at that right-of-way lines. . . . ,. .... . (150) square feet in t?~or seventy-five (75) square feet per sign face and shall constitute no ore than fifteen (15) percent tithe total area of the face of the mason~ wall. (B) Maximum Height: The s n area shall be a minimu~"~f one (1) foot less than the height of the mason~ wall. e. Repealing subsetion 14-60-7A3 in its entirety and adding a new subsection 14-60-7A3, as follows. The area of each/~ign, regardless of shape, shall be computed by determining the area of a trian e, rectangle o~ circle which completely encloses the outer perimeter of the sign face or which complete SECTIO~~PEALER. All ordinances and pa~s of ordinances in conflict with the provisions of this Ordinate are hereby repealed. SECTION III. SEVE~BILITY. If any section, provision or pa~ of the Ordinance shall be adjudged to be inv~id or unconstitutional, such adjudication shall not affect the validiW of the Ordinance as a whole or any s~tion provision or pad thereof not adjudged invalid or unconstitutional. / / Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 ORDINANCE NO. 00-3929 AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, "ZONING," ARTICLE E, "BUSINESS AND COMMERCIAL ZONES," SECTION 1, "COMMERCIAL OFFICE ZONE (CO-1)," TO ALLOW OVERNIGHT BOARDING OF ANIMALS WITHIN SMALL ANIMAL CLINICS. WHEREAS, small-animal clinics are currently permitted in the Commercial Office (CO-1) zone by special exception, with the overnight boarding of animals limited to those receiving treatment at the clinic; and WHEREAS, the City has received a request to eliminate restrictions on overnight boarding of animals within small animal clinics in the CO-1 zone; and WHEREAS, the Planning and Zoning Commission recommends that the restriction on overnight boarding of animals be removed from the CO-1 zone regulations; and WHEREAS, the City feels that the overnight boarding of animals is a reasonable accessory use for small animal clinics within the CO-1 zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. City Code Section 14-6E-1D(9~) is hereby amended by repealing subsection (d), as follows: 10. Small animal clinics, provided: a. All aspects of the operation of the clinic, including any accessory use, are conducted completely indoors within a single, soundproof building; and b. The structure housing the clinic is not located within two hundred feet (200') of a residential zone; and c. No odors or noise from the clinic shall be discernible at any lot line; and 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 Ordi- nance shall be in effect after its final passage, approv- al and publication, as provided by law. Passed and approved this l{~th day of May ,20 O0 · Ordinance No. 00-3929 Page 2 Passed and approved this 1Fjth day of Hay ,20 O0 ppdadmin~ord~dinic. doc Ordinance No. 00-3929 Page 3 It was moved by Champion and seconded by Pfab that the Ordinance as mad be adopted, and upon roll call them were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 4/18/00 Voteforpassage: AYES: Pfab, Vande~'hoef, Wi'lbu~'n, Champion, Kanne~', Lehman, O'Donne'll. NAYS: None. ABSENT: None. Second Consideration 5/2/00 Voteforpassage: AYES: Kanner', Lehman, O'Donnel], Pfab, Vande~'hoef, Wi'lburn, Champion. NAYS: None, ABSENT: None. Date published 5/24/00 Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243  ORDINANCE NO. ' AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, "ZONING," ARTICLE E, "BUSINESS AND COMMERCIAL ZONES," SECTION 1; "COMMERCIAL OFFICE ZONE (CO-1)," ALLOW OVERNIGHT BOARDING OF WITHIN SMALL ANIMAL CLINICS. WHEREAS, small-animal clinics are c~ · permitted in the Commercial Office (CO-1) by special exception, with the overnight of -. animals limited to those receiving at the ', clinic; and "'\WHEREAS, the City has a request to ~\eliminate restrictions on overnight of animals 'Within small animal clinics in the zone; and ~ WHEREAS, the Plannil and Zoning recommends the the restriction on ~ight boarding of animal,, removed from the CO- regulations; and EREAS, the City that the overnight boardin animals is a accessory use for small clinics withi~ CO-1 zone. BE IT ORDAINED BY THE CITY CITY OF IOWA CITY, IOWA: SECTION VIENDMENT. City Code Section 14-6E-1D(10) is hereby amended by repealing subsection (d), ows: 10. Small ~, provided: a. All the operation of the clinic, inc any use, are conducted a single, soundproof and b/The structure housinc clinic is not located within two hundred f~et 0') of a residential // zone; and ,' c. No odors or noise from the shall be /' discernible at any lot line; and / d. Overnight boarding of animals shall be limited / to those receiving treatment at the facility. 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 Ordi- nance shall be in effect after its final passage, approv- al and publication, as provided by law. Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; ORDINANCE NO. 00-3929 AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, "ZONING," ARTICLE E, "BUSINESS AND COMMERCIAL ZONES," SECTION 1, "COMMERCIAL OFFICE ZONE (CO-'I)," TO ALLOW OVERNIGHT BOARDING OF ANIMALS cs are ~ermitted in the Commercial Office (CO-1) by exception, with the overnight boa~ of limited to those receiving at the clir and -IEREAS, the City has request to restrictions on overnight of animals within animal clinics in the and the Planning Commission overnight boarding of animals removed the CO-1 zone regulations; WHEREAS, feels that the overnight boarding of animals accessory use for small animal clinics the CO-1 zone. NOW, THERE BE IT ORDAINED BY THE CITY COUNCIL CITY OF IOWA CITY, IOWA: SECTIOI AMENDi IT. City Code Section 14-6E-1D is hereby by repealing sul as follows: 10. animal clinics, provided: a All aspects of the o of the clinic, including any accessory use, conducted completely indoors within a sin~ building; and b. The structure housing the clinic is within two hundred feet (200') of a ~tial zone; and c. No odors or noise from the clinic shall b discernible at any lot line; and 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. EFFECT. IVE DATE. This Ordi- i Passed and approved this 1 t~l-_h day of Ma.v ,20 00 · Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 ORDINANCE NO. 00-3930 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, including 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. 00-3930 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. 00-3930 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 161:h day of_ ,2000. .. · Ordinance No. 00-3930 Page 4 It was moved by O' Donnet 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 X Lehman X O'Donnell X Pfab x Vanderhoef X Wilbum First Consideration 3/7/00 Vote for passage: AYES: Kanner, Lehman, O'DQfmell, Vanderhoef, Wilburn, Champion, NAYS: Pfab. ABSENT: None. Second Consideration 3/21/00 Vote for passage: AYES : Wilburn, Champion, Kanner, Lehman, O'Donnell, Vanderhoef. NAYS: Pfab. ABSENT: None. ' Date published 5/24/00 Prepared by Melody Rockwell, Assoc. Planner, 410 E. Washington Street, Iowa City, iA 52240; 319/356-5251 AMENDED CONDlq~ONAL ZONING AGREEMENT THIS AMENDED AGREEMENT is made by and between the City of Iowa 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, :~998 in Book 2478, Page 289 of the 3ohnson 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 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 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, 1998 in Book 2478, Page 289 of the .lohnson 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 the 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 is provided herein. 3. The Parties acknowledge that the conditions contained in the original Agreement are reasonable conditions to impose on the land under Iowa 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. ppdadm/agffiouisczac, doc 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 Recorders Office at the expense of H&O, LC. Dated this 16th day of May ,2000. H&O, LC CITY OF IOWA CITY I~,E.~~ Ernest W. Lehman, Mayor Marian K. Karr, City Clerk NORWOOD C. LOUIS II & B UIS, husband & wife 4 STATE-OF IOWA ) )ss: JOHNSON COUNTY ) On this I~ day of he'~S~ ,2000, before me So~k-~,-c For-I- , a Notary Public in and for t e 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 No. oo- ~/,,~p passed by the City Council, on the /~ day of -~YT.~ ,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: -S - 7- O 3 STATE OF IOWA ) )ss: 3OHNSON COUNTY ) On this ~o day of /V}/~Rc~.t4 , 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. aZL, - ~ ~' s' o o Notary Public in and for the State of Iowa My commission expires: y- '~ .-~ ~ STATE OF IOWA ) )ss: JOHBSON COUNTY ) On this _~*~ day of /rY?~a¢~4 , 2000, before me the undersigned, a ~otary Public in and for said County, 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 voluntary act and deed. - ,1y c.s;~x!ss:c.N Ex~:,~-sNotarf' Public in and for the State of Zowa My commission expires: ~-~-~ ~ 5 STATE OF IOWA )ss: JOHNSON COUNTY ) ' On this 7th day of March , 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 executed the same as their voluntary act and deed. Prepared by Melody Rockwell, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319/356-! ~ AMENDED CONDITIONAL ZONING \ THIS AMENDED ;REEMENT is made by and between the City City, Iowa, a Municipal n (hereinafter "City''), Norwood C. Louis Betty Louis, husband and wife and H&O, as property owners (hereinafter coll~ "Applicant"). WHEREAS, the Applica is legal title holder of the 4.46 property located at 500 Foster Road; and WHEREAS, on April 28, City Council of City approved Ordinance No. 98- 3830 (hereinafter said trac Interim Development Single- Family Residential (ID-RS) to tive Areas 'lay-8 (OSA-8) to permit 32 dwelling units on the property; and WHEREAS, said Ordinance authorized of a Conditional Zoning Agreement between the City and the Applicant, wh! limited development of the property; and WHEREAS, said Ordinance and Agre .~re recorded on May 5, 1998 in Book 2478, Page 289 of the 3ohnson County ice, and WHEREAS, Condition 3d set for in the Ac acknowledged that the westerly driveway between the Louis ~sehold and Foster shall be closed at such time as Norwood C. Louis and cease to occupy existing single family residence, or the Foster Road widen project is commenced, :hever event occurs first; and WHEREAS, the City a~ Applicant now desire to :he Conditional Zoning Agreement to allow Louis driveway to remain open durif the time that Norwood C. Louis and Betty reside in the single-family residence at 500 Foster Road or until developme~ the west in the peninsula area causes to reach a collector street reshold of traffic, whichever event occurs first; WHEREAS, City and Applicant agree that it is reasonable to keep driveway open temporari if an escrow is paid to the City by the Applicant to ensure alternati driveway connecting to Louis Place is constructed when and Betty Louis the premises or when occupancy permits for 250 additional units in the' peninsula area west of the Louis driveway have been issued, whichever ~.nt occurs first. ., / L. The Parties acknowledge that the original Conditional Zoning Agreem specified closure of the private driveway serving the Louis household when tl Foster Road widening project commenced and that the Parties now desire to that · ' so that Norwood and Betty Louis may retain use of th existing driveway they no longer reside at the 500 Foster Road residence development to the reaches a collector street traffic threshold on whichever event irst. 2. The oric Conditional Zoning Agreement recorded 5, 1998 in Book 2478, Page 289 the 3ohnson County Recorder's Office be and is hereby amended by deleting ction 3d of said Agreement in its enl and inserting in lieu thereof the g: 3d. The westerly private driveway the Louis household and Foster Road be closed at such time as C. Louis and Betty Louis cease to occupy the ~g single-family residence, when occupancy permits have been issued for dwelling units of the Louis driveway, whichever event occurs first. ~currently under the provisions of the original Conditional Agreement above, shall be allowed to re-open upon passage of this ,nce and of an ~Lyai adequ te cash escrow) Said cash escrow shall be .,d for and be used by Ci to provide for the construction of the g the Louis residence to Louis Place, as shown on the a when the private driveway connecting to Foster Road is closed as provideo 'ein. 3. The Parties acknowledge that th, litions contained in the original Agreement are reasonable conditions to im and under Iowa Code Section 414.5 (1999) and amending Condition 3d s not detrimental to the public safety of both the residents in the area an, because it is a temporary condition that will be ended either prior or when reaches a collector street traffic threshold and requires an escrow be pail assure that the alternative driveway is the area to the ,ecomes more fully developed and Foster Road becomes heavily-traveled t. 4. Applicant acknowl es that in the event the is transferred, sold, redeveloped or all redevelopment will to the terms of this amended 5. The Parties that this amended Conditional Agreement shall be deemed a covenant running with the land and with the to the land and shall in full force and effect as a covenant running with title to the land, unh until released of record by the City. The parties further knowledge that thi., reement shall inure to the benefit of and bind all successors, ;presentatives a~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.