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HomeMy WebLinkAbout2001-10-23 Ordinance Prepared by Shelly McCafferdy, PCD, 410 E. Washington St. Iowa City, IA 52240, (319) 356-5242 ORDINANCE NO. 01-3985 AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE O, ENTITLED "SIGN REGULATIONS," TO PERMIT CANOPY ROOF SIGNS AS A PERMI'I'rED SIGN IN THE CB-2, CENTRAL BUSINESS SUPPORT, CB-5, CENTRAL BUSINESS SUPPORT ZONE AND THE CB-10, CENTRAL BUSINESS DISTRICT ZONE. WHEREAS, signs located on canopy roofs are considered to be roof signs and are therefore prohibited in all zone so that the quality of the skyline may be preserved; and WHEREAS, canopy signs are allowed in the CB-2, Central Business Service, CB-5, Central Business Suppod Zone, and the CB-10, Central Business District Zone provided the sign is attached to the face or underside of the canopy; and WHEREAS. canopy roof signs of the appropriate size and scale for Central Business storefront properties and the pedestrian-oriented environment are appropriate in the CB-2 Central Business Service Zone, CB-5, Central Business Suppod Zone, and the CB-10, Central Business District Zone; and WHEREAS, canopy roof signs will not adversely effect the quality of the skyline. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDEMENT Chapter 6, entitled "Zoning," Article O, entitled "Sign Regulations," Section 5 entitled "Signs Permitted by Zone; Regulations:", Subsection E, entitled "CB-2 Zone" is hereby amended to include the following additional paragraphs and subpads: 14-60-5F. CB-2 Zone 1. Permitted Signs g. Canopy roof signs 3. Dimensional Requirements: b.Individual Signage Allowances: (8) Canopy Roof Signs Length of Max. area Max. height Max. storefront thickness Upto39' 15sq. ft. 13" 6" 40'- 59' 25 sq. ~. 20" 8" 60' or longer 35 sq. ~. 30" 10" The bottom edge of the sign shall be located no more than 4 inches above the canopy. A canopy roof sign may be located no higher than the top of the first floor. Chapter 6, entitled "Zoning," Article O, entitled "Sign Regulations," Section 5 entitled "Signs Permitted by Zone; Regulations:", Subsection F, entitled "CB-5 and CB-10 Zones" is hereby amended to include the following additional paragraphs and subpads: I4-60-5F. CB-5 And CB-10 Zones: 1. Permitted Signs: g. Canopy roof signs 3. Dimensional Requirements: b.Individual Signage Allowances: (7) Canopy Roof Signs: Length of Max. area Max. height Max. store front thickness Upto39' 15sq. ft. 13" 6" 40'- 59' 25 sq. ft. 20" 8" 60' or longer 35 sq. ft. 30" 10" Ordinance No. 01-3985 Page 2 The bottom edge of the sign shall be located no more than 4 inches above the canopy. A canopy roof sign may be located no'higher than the top of the first floor. Chapter 6, entitled "Zoning,: Article B, entitled "Zoning Definitions" is hereby amended to include the following additional paragraphs: 14-6B-2: Definitions STOREFRONT: The ground level frontage of a building in which there is located a single business directly behind the frontage. The length of the storefront is measured from the outside edge of the exterior wails of the building, or if there are multiple businesses located in a single building, from the centerline of the wall that separates the business from another business, public area, or other area not occupied by the business. SECTION II. REPEALER. All ordinances and pads 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 or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved~:~~q~ Attest: C~--~ pc~shelly~canopyord+doc Ordinance No. 01-3985 Page. 3 It was moved by O' Donne 11 and seconded by Wi 1 bu~-n 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 ~ Pfab × Vanderhoef X Wilbum First Consideration 9/25/01 Voteforpassage: AYES: Champion, Lehman, O'Donne]], Kanner, Vanderhoef Wi]burn. NAYS: None, ABSENT: Pfab. Second Consideration 10/8/01 VoteforPassage:AYES: Wi]burn, Cham ion, Kanner, Lehman, O'Donne]], Pfab, YS Vanderhoef. NA : None. ABSENT: None. Date published 10/31/01 Prepared by: Sarah Holecek, First Asst. City Arty., 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. AN ORDINANCE AMENDING THE IOWA CITY UNIFIED DEVELOPMENT CODE TO ESTABLISH A TEMPORARY MORATORIUM ON DEVELOPMENT WITHIN THE AREA ROUGHLY CIRCUMSCRIBED BY MILLER AVENUE, U.S. HIGHWAY 1, HARLOCKE STREET, AND BENTON STREET IN IOWA CITY, IOWA. WHEREAS, The City of Iowa City is currently beginning its area study and development of the Southwest District Plan, a distdct specific component of the Comprehensive Plan; and WHEREAS, The guidelines and principles set forth in the Comprehensive Plan are used to identify appropriate land-uses, guide development and establish future development patterns within the City; and WHEREAS, the area generally circumscribed by Miller Avenue, U.S. Highway 1, Harlocke Street and Benton Street is located within the Southwest District and contains undeveloped properties within established neighborhoods. environmentally sensitive areas, high density zoning abutting low density zoning, topographic and access limitations and has been the subject of recurring and unresolved debates Concerning appropriate development without the benefit of district planning; and WHEREAS, it is in the public interest to establish a temporary moratorium on the above- described portion of the Southwest District (excluding property subject to moratorium pursuant to City Code within the last 12 months and property that is the subject of pending litigation) until completion of the study and passage of the Southwest District Plan and any rezonings suggested by said district plan so as to establish updated Comprehensive Plan guidelines and make appropriate land-use decisions for this area of the City based on said district specific planning process. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I. AMENDMENT. Title 14, entitled "Unified Development Code", of the City Code is hereby amended by: a. Adding a new Chapter 12, entitled "Moratoria", and adding a new Section 14-12-1 entitled "Temporary Moratorium on Development in Area Roughly Circumscribed by Miller Avenue, U.S. Highway 1, Harlocke Street, and Benton Street", and subsections, as follows: A. Moratorium and Area of Applicability: All residential and commercial development, with the exception of modifications to existing structures which do not add additional dwelling units, shall be temporarily prohibited on all properties within the area legally described as follows: Beginning at the intersection of the northern right-of-way line of Iowa State Highway 1 and the Centerline of Miller Avenue, Section 10. T79N, R6W, Iowa City, in Johnson County, Iowa; Said point being the Point of Beginning. Thence northerly 994' to the centerline of Benton Street; Thence westerly 1,953.77' along the centerline of Benton Street; Thence southerly 346.4' along the western line of Auditor's parcel #10-16-289-002, to the northeast corner of Lot 26, Weeber's Addition, Part 3, Iowa City, Iowa; Thence westerly 191.1' along the north line of said lot 26; Thence westerly 15.4' along the northerly line of said lot 26 extended; Thence southerly 495.80' to the southwest corner of lot 24, Weeber's Addition, Part 3; Continuing southerly 584.5' to a Ordinance No. Page 2 point on the north R.O.W. line of Iowa State Highway 1; Thence eastedy along the north R.O.W. line of said highway to the point of beginning. Excluding the following: Lot 25; Weeber's Third Addition to Iowa City, Iowa, in accordance with the plat recorded in Plat Book 9, at Page 14, of the Records of the Johnson County Recorder's Office. And also excluding the following: Commencing at the southeast corner of the NWI/4 of Section 16, Township 79 North, Range 6 West of the 5 P.M.; thence North 341 feet to the center of the public highway; thence west along the center of the public highway 166.5 feet; thence south to a point 30 rods south of the north line of the SWl/4 of said Section 16; thence east parallel with the north line of said SWl/4 to the east line of said SWl/4; thence north along the east line of said SWl/4 to the point of beginning. B. Development, defined: Forthe purposes of this ordinance, "Development" shall be defined as site plan review and approval, preliminary and/or final subdivision plat approval, rezonings, and the issuance of grading permits and/or building permits. C. Termination: This Section, 14-12-1, shall be automatically repealed on September 1, 2002. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. 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 ,20 MAYOR AI'I'EST: CITY CLERK J10-23-01 J 10 Prepared by: Sarah Holecek, First Asst. City Atty., 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. AN NANCE AMENDING THE IOWA CITY UNIFIED DEVELOPMENT CODE TO A TEMPORARY MORATORIUM ON DEVELOPMENT WITHIN THE AREA ROUGHLY BY MILLER AVENUE, U.S. HIGHWAY '1, HARLOCKE STREET AND IN IOWA CITY, IOWA. WHEREAS ;ity of Iowa City is currently beginning its area study and development Southwest District a district specific component of the Comprehensive Plan; and WHEREAS, The ines and principles set forth in the Comprehensive Plan ar to identify appropriate guide development and establish future developmE patterns within the City; and WHEREAS, the area circumscribed by Miller Avenue, U.S. Hi 1, Harlocke Street and Benton Street is with the Southwest District and undeveloped properties, established neigl environmentally sensitive density zoning abutting low density zoning and practical limitations on ~ment due to overburdened infrastructure; and WHEREAS, it is in the public interest t establish a temporat rium on the above- described portion of the Southwest District u til completion of study and passage of the Southwest District Plan in an effort to establis updated Com Plan guidelines and CITY, IOWA THAT: SECTION I. AMENDMENT. Title 14, entitled Development Code", of the City Code is hereby amended by: a. Adding a new Chapter 12, entitled "Moratoria", ing a new Section 14-12-1 entitled "Temporary Moratorium on Development in Are Cimumscribed by Miller Avenue, U.S. Highway 1, Harlocke Street, and Benton bsections, as follows: A. Moratorium and Area of Applicability: All r, mmercial development, with the exception of modifications to existing which do add additional dwelling units, shall be temporarily prohibited on all prope~ the area le ally described as follows: Beginning at the intersection of th~.~pSo right-of-way li of Iowa State Highway 1 centerline of Benton Street; TI ~ce westerly 1,953.77' along t centerline of Benton Thence westedy 191.1' nodh line of said lot 26; Thence westerly 15.4' along the no~herly line of said extended; Thence southerly 495.80' to the southwest corner of lot 24, Pad 3; Continuing southerly 584.5' to a point on the noah R.O.W. line of Highway 1; Thence easterly along the noah R.O.W. line of said highway to ~oint of beginning. Excluding the following: Lot 25, Weeber's Third Addition to City, Iowa, in accordance with the plat recorded in Plat Book 9, at Page 14, of the of the Johnson County Recorder's Office- Ordinance No. Page 2 defined: For the purposes of this ordinance, "Development" shall be defined as a ,ns for site plan review, applications for preliminary and/or final subdivision plats, applicationsapplications for grading permits and/or applications for building permits. C. Termination: This shall be automatically repealed on ,2002. SECTION II. REPEALER. All and parts of ordinances in conflict the provi- sions of this Ord SECTION Ill. SEVERABILITY. If any provision or part of the shall be adjudged to be invalid or unconstitutional, such shall not validity of the Ordinance as a whole or any section, provision or !reof not ad invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance after its final passage, approval and publication, as provided by law. Passed and approved this day of MAYOR ATTEST: CITY CLERK A sara Marjan Karr From: William Knabe [william-knabe@uiowa.edu] Sent: Monday, October 22, 2001 11:24 AM To: Marian Karr Subject: Proposed Southwest District Moratorium Dear Members of the Iowa City Council: At your last informal session Councilor Pfab stated he did not understand why a moratorium was being proposed for an area in the Southwest District if the Ruppert property owners are the only people who would be affected by such a moratorium. There are other people who own undeveloped property in the proposed moratorium area. I own a four-acre tract, Tim Russell owns a three-acre tract, and William Buss owns a three-acre tract. I personally support the moratorium because I believe it is important to have the Southwest District plan completed so that we will have an up-to-date and meaningful guide for the future development of this area. By doing the planning first we can hopefully avoid may of the problems which we have experienced and are currently experiencing in the successful integration of new developments with the existing neighborhoods. Sincerely, William E. Knabe 1101 Weeber Circle Iowa City, Iowa 52246-5169 Dear Marian: I'm sorry for what will appear to be a scattergun e-mail concerning the above. represent the Ruppert family. The family owns approximately 23 acres of land adjoining West Benton and Miller streets and extending west along Highway 1 The property has three different zoning classifications (RS-8, CC-2 and RM-44). The approximate locations of the various zones can be found on a map I recently submitted to John Yapp (the map was generated to further discussions with the City about changing some of the zoning classifications of the property; it was submitted to John as a sort of concept plan, which led to a recent letter from John about the plan). I recently learned that the City Council will be considering a neighborhood group's request to downzone land it does not own and a request by the same group to establish a moratorium against all further development in the area for some unspecified length of time at tonight's work session. I am sorry I do not know of the details, but the information I have is, of course, incomplete. The Ruppert family wants to go on record, however, as being oppposed to any such moratorium as it may apply to the family's land. As you may know, there is a history between the City and the Ruppert family as it relates to this land, and the family has been trying to sell the ground. Right now we are working with someone in San Antonio on a proposed sale. Any such moratorium would have an extreme chilling effect on such a sale, if not kill it completely. And while I understand that there will be a series of meetings next month about the southwest corridor (where, as I understand it, this property is located), it would be extremely unfair to the family to enact such a moratorium. As it concerns the above-mentioned offer, the family has been working with Larry Schnittjer of MMS on a plan. It is my understanding that Bob Miklo recently contacted Larry about doing some sort of concept work on the Ruppert property for the City. We would like to be kept up to date on any such concepts. Thanks for your consideration of these matters. Chuck Meardon.