HomeMy WebLinkAbout2011-02-15 Ordinance;S
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Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319-356-5243
(REZ10-00016)
ORDINANCE NO. 11-4422
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 2.79 ACRES OF PROPERTY
LOCATED AT THE NORTHWEST CORNER OF MUSCATINE AVENUE AND SCOTT BOULEVARD,
FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS-5) TO LOW DENSITY MULTI-FAMILY
RESIDENTIAL (RM-12). (REZ10-00016)
WHEREAS, the owner, Hieronymus Family Partnership, LLC, and the applicant, TNT Land Development
LLC, have requested a rezoning of property located at the northwest corner of Muscatine Avenue and Scott
Boulevard, from Low Density Single Family Residential (RS-5) to Low Density Multi-Family Residential (RM-
12); and
WHEREAS, the Comprehensive Plan indicates that the intersections of arterial and collector streets are
appropriate for multi-family zoning and that multi-family structures be of a scale that is compatible with the
surrounding neighborhoods; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the
need for adequate pedestrian connections and compatibility of multi-family buildings with the surrounding
single family neighborhoods; and
WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of Low Density
Single Family Residential (RS-5) to Low Density Multi-Family Residential .(RM-12):
Commencing at the East Quarter corner of Section 13, Township 79 North, Range 6 West, of the
Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S87°58'47"W, along the South
line of the Southeast One-Quarter of the Northeast One-Quarter of said Section 13, a distance of
50.00 feet, to its intersection with the West Right-of-Way line of Scott Boulevard; Thence
N01 °06'43"W, along said West Right-of-Way line, 52.29 feet, to the POINT OF BEGINNING;
Thence S88°46'53"W, 279.96 feet; Thence N01 °06'43"W, 434.89 feet; Thence N88°53'17"E, 279.96
feet, to a point on the West line of Ralston Creek South Property Acquisition From Wilfreda A. and
Albert N. Heironymous, in accordance with the Plat thereof recorded in Plat Book 19, at Page 84, in
the Records of the Johnson County Recorder's Office; Thence S01 °06'43"E, along said West line,
and the said West Right-of-Way line of Scott Boulevard, 434.37 feet, to said POINT OF
BEGINNING, containing 2.79 acres, and subject to easements and restrictions of record.
SECTION II. 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 the final passage, approval and
publication of the ordinance as approved bylaw.
SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City,
following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Ordinance No. 11-4422
Page 2
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided bylaw.
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 15th day of February , 20 11
~C'' `. ~1 1~~
MAYOR
ATTEST: ~ ) ~ ' ~2~
C CLERK
Approved by
V ~liL.c'( / ~-~'LvJL`7~Z~ Y~Z-~C 1~7~-c-v
City Attorney's Office ~ ~ L~ ~ ~ ~
Ordinance No. 11-4422
Page 3
It was moved by Champion and seconded by Bailey that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
x Bailey
x Champion
x Dickens
Hayek x
x Mims
x Wilburn
~_ ~ Wright
First Consideration 1/25/2011
Vote forpaSSage: AYES: Champion, Mims, Wilburn, Wright, Bailey. NAYS: None.
ABSENT: Dickens. ABSTAIN: Hayek.
Second Consideration 2„/i ~~n> >
Vote for passage: AYES: Wright, Bailey, Champion, Dickens, Mims. Wilburn.
ABSENT: None. ABSTAIN: Hayek.
Date published 2/23/2011
Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319-356-5243
(REZ10-00016)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Hieronymus Family Partnership, LLC (hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approximately 2.79 acres of property
located at the northwest corner of Muscatine Avenue and Scott Boulevard; and
WHEREAS, the Owner has requested the rezoning of said property from Low Density
Single Family Residential (RS-5) to Low Density Multi-Family Residential (RM-12); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding pedestrian connectivity and neighborhood compatibility the requested
zoning is consistent with the goals of the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose
reasonable conditions on granting an Owner's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan, the need for neighborhood compatibility and pedestrian connections; and
WHEREAS, the Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Hieronymus Family Partnership, LLC is the legal title holder of the property legally
described as
Commencing at the East Quarter corner of Section 13, Township 79 North,
Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa;
Thence S87°58'47"W, along the South line of the Southeast One-Quarter of the
Northeast One-Quarter of said Section 13, a distance of 50.00 feet, to its
intersection with the West Right-of-Way line of Scott Boulevard; Thence
N01°06'43"W, along said West Right-of-Way line, 52.29 feet, to the POINT OF
BEGINNING; Thence S88°46'53"W, 279.96 feet; Thence N01 °06'43"W, 434.89
feet; Thence N88°53'17"E, 279.96 feet, to a point on the West line of Ralston
Creek South Property Acquisition From Wilfreda A. and Albert N. Heironymous,
in accordance with the Plat thereof recorded in Plat Book 19, at Page 84, in the
Records of the Johnson County Recorder's Office; Thence S01 °06'43"E, along
said West line, and the said West Right-of-Way line of Scott Boulevard, 434.37
feet, to said POINT OF BEGINNING, containing 2.79 acres, and subject to
easements and restrictions of record.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5
(2009) provides that the City of Iowa City may impose reasonable conditions on granting
an applicant's rezoning request, over and above the existing regulations, in order to
satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. Sidewalk on the north side of Muscatine Avenue shall be extended from Juniper
Drive to Scott Boulevard. Said sidewalk and the sidewalk along Terrence Lane
adjacent to 3330 Muscatine Avenue shall be installed concurrently with the
construction of Terrence Lane, and
b. The multi-family buildings shall substantially comply with the November 30, 2010,
file-stamped site plan and building elevations. Changes to the site plan or building
design must be approved by the Staff Design Review Committee.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2009), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner from complying with all other applicable local, state, and
federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Owner's expense.
Dated this 15th day of February , 201.
CITY OF IOWA CITY OWNER:
us Family Partnership, LLC
l~
Matthew Hayek, May
2
Attest:
aria .Karr, City Clerk
Approved by:
_ c~c ~~ .~~ ,2~,~Z.~;z-.U ~~~c fly-~.,._.
"~ City Attorney's Office , ~~~~~ ~
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this l5~h day of ~~n2~! 20~L, before me, the
undersigned, a notary public in and for the St e of Iowa, personally appeared Matthew J. Hayek
and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
,~vw~~, SONDRAE FORT
_ ~ Commission Number 159791
My Commission Expires
ow 3 '7 aa~a
S~ ~.,F~
Notary Public in and for the State of Iowa
My commission expires: 3 l '7~ao~a~
Hieronymus Family Partnership, LLC Acknowledgement:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this )~~- day of ~a-v~c.~.:c~ , 20 I 1 ,before me, th,e] undersigned, a Notary Public
in and for the State of Iowa, person appeared ~nhr, ~~ t-~~ef'ort~(YLLc~ , to me
personally kno who being by me duly sworn, did say that the person is
fY(.~t_, ~cz r-~-nom-- (title) of Hieronymus Family Partnership, LLC, and that said
instru signed on beha of the said limited liability company by authority of its managers
and the said ~~-+ti~a-- ~'r~ ~>'~~~acknowledged the execution of said instrument to be the
voluntary act and deed s ' limited liability company by it voluntarily executed.
Notary Public in and for the State of Iowa
iqi KELLIE K. TUT"fLE
My commission expires: o ~"~`"~ Commission dumber 221519
My Coy m~sson Expires
3
~,1
~~ ~ ~~
/// !!!~
Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa Ciry, IA 52240; 319-356-5239 (REZ10-
00013)
ORDINANCE NO. 11-4423
ORDINANCE REZONING APPROXIMATELY 2.97 ACRES LOCATED NORTHWEST OF THE
INTERSECTION OF FIRST AVENUE AND HICKORY TRAIL TO AMEND A PREVIOUSLY APPROVED
PLAN FOR A PLANNED DEVELOPMENT OVERLAY, MEDIUM DENSITY SINGLE FAMILY (OPD-8)
ZONE. (REZ10-00013)
WHEREAS, the applicant, Casey Boyd, LLC, has requested an amendment of a previously approved
Planned Development Overlay Medium Density Single Family (OPD-8) zone located northwest of the
intersection of First Avenue and Hickory Trail; and
WHEREAS, the Comprehensive Plan's design guidelines for new neighborhoods emphasize efficient
and compact design with densities of 5-7 dwelling units per acre;
WHEREAS, the Northeast District Plan identifies lots fronting on the west side of First Avenue as
appropriate for townhouse and multi-family development; and
WHEREAS, the applicant has proposed a 16-unit multi-family building with vehicle access from an
extension of Hickory Trail, reserving a large portion of the lot as natural open space; and
WHEREAS, the Planning and Zoning Commission has reviewed- the proposed rezoning and site plan
and determined that it complies with the Comprehensive Plan provided that it meets conditions related to
minimizing impacts on the adjacent park from urban development and compliance with all standards for the
Planned Development Overlay; and
WHEREAS, Iowa Code Section 414.5 (2009) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy
public needs caused by the rezoning request; and
WHEREAS, the applicant/ owner acknowledges that certain conditions and restrictions are reasonable to
ensure that development of this property as an OPD-8 zone complies with the Comprehensive Plan's vision
for the Bluffwood Neighborhood as described in the Northeast District plan;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of Low Density
Single Family Residential (RS-5) zone to` Planned' Development Overlay Medium Density Single Family
(OPD-8) zone:
HICKORY POINTE, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF
RECORDED IN BOOK 55, AT PAGE 13, IN THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO EASEMENTS AND
RESTRICTIONS OF THE RECORD.
SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance bylaw.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the 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 bylaw. ,
Passed and approved this 15th da~,o,f February, 2011.
-~-~~ -
MAYOR
Ordinance No. 11-4423
Page 2
ATTEST: `- ~-2.~
CLERK
Approved by
T ~
~o C-~'LL4 ~i~C.~4.,-w.7;1)Z~ ~I~Irf?L~~
City Attorney's Office ~' ~ ~ / ~ ~
Ordinance No. 11-4423
Page 3
It was moved by Bailey and seconded by Mims that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
x Bailey
~ Champion
x Dickens
Hayek x
x Mims
x Wilburn
x Wright
First Consideration 1/25/2011
Vote forpaSSage: AYES: Mims, Wilburn, Wright, Bailey, Champion. NAYS: None.
ABSENT: Dickens. ABSTAIN: Hayek.
Second Consideration 2 / 1 / 2011
Vote forpaSSage: AYES: Bailey, Champion, Dickens, Mims, Wilburn, Wright.
NAYS: None. ABSTAIN: Hayek
Date published 2/23/2011
Prepared by Sarah Walz, Associate Planner, PCD, 410 E: Washington, Iowa City, IA 52240 (319) 356-5239
(REZ10-00013)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Casey Boyd, LLC (hereinafter "Owner");
WHEREAS, Owner is the legal title holder of approximately 2.97 acres of property located at the
northwest corner of First Avenue and Hickory Trail; and
WHEREAS, on March 10, 2009, Council approved Ord. (09-4327) zoning this land Planned
Development Overlay Medium Density Single Family (OPD-8) to allow for the development of
three six-unit residential structures; and
WHEREAS, the Owner has requested an amendment to the development plan to allow for the
construction of one 16-unit residential structure; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding site design, building and retaining wall elevations, vehicular and pedestrian
access, landscaping, the establishment and maintenance of a natural open space, and
stabilization of slopes, the requested change to the development plan is appropriate in this
location to allow the proposed 16-unit multi-family building; and
WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to
ensure the development of the property is consistent with the Comprehensive Plan and the
vision for the Bluffwood Neighborhood as expressed in the Northeast District Plan; and
WHEREAS, the Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Owner is the legal title holder of the property legally described as follows:
HICKORY POINTE, IOWA CITY, IOWA IN ACCORDANCE. WITH THE PLAT THEREOF
RECORDED IN BOOK 55, AT PAGE, 13, IN THE RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO
EASEMENTS AND RESTRICTIONS OF~THE RECORD.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan. Further, the ,parties acknowledge that Iowa Code §414.5
(2009) provides that the City of Iowa City may impose reasonable conditions on granting
an applicant's rezoning request, over and above the existing regulations, in order to
satisfy public needs caused by the requested change.
ppdadm/agt/rez10-00013 cza hickory trail.doc
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. Substantial compliance with the Preliminary Planned Development Plan submitted
January 5, 2011, attached and incorporated herein, with regard to the layout,
including the location and size of the building, retaining wall, and rear access drive.
b. Substantial compliance with the building elevations submitted January 10, 2011,
particularly with regard to the variation in facade; use of quality materials, including
cement board siding and stone veneer; roofline; and window pattern and bays
which break up the mass of the buildings and ensure compatibility with the
character of the surrounding neighborhood, including single-family areas within the
neighborhood.
c. All landscaping (trees and shrubs) must comply with the species list provided by
Johnson County Heritage Trust or similar list from the Iowa State extension.
d. Prior to the issuance of a building permit, Owner shall obtain:
i. Design Review Committee approval of building materials (including colors),
and design and materials for the proposed retaining wall.
ii. Planning staff approval of a detailed plan for all landscaping, including
_ landscape screening of the retaining wall, and plans for establishing and
maintaining prairie in the proposed open space, including species selection
and long term maintenance.
e. Owner shall obtain a grading permit for the site and newly created slopes must be
stabilized prior to issuance of a building permit.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2009), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and; with title to the land, and shall remain in full force
and effect as a covenant with title tq i.ihe land, unless or until released of record by the
City of Iowa City. ,
I
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigris of the parties.
7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that any previous conditional zoning agreement(s) for this property are
hereby declared null and void and shall have no further effect.
9. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
ppdadm/agt/rez10-00013 cza hickory trail.doc 2
~. i'
Recorder's Office at the Owner's expense.
Dated this 15th day of February , 20,1,_
CITY OF IOWA CITY
Matthew J. Hayek, Mayor ~"
Attest:-~~-J~ • ~«-~is~/
Marian K~ity Clerk . ,,! , By:
Approved by: ~~ G~ ~1~'~~~~~~~:~ ~ ~.!~1~ fz~ z1
City Attorney's Office I ~ 1 /~ I
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on F~uF12u j5 , 2011, by Matthew J.
Hayek and Marian K. Karr, who did say that they are the Mayor and City Clerk, respectively, of the
City of Iowa City; that the seal affixed thereto is the seal of said municipal corporation; that said
instrument was signed and sealed on behalf of said municipal corporation by authority of its City
Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution
of said instrument to be the voluntary act and deed of said corporation, by it and by them
voluntarily ~~ SONDRAE FORT
i ~ Commission Number 159791 ~~~ ~~
' My Commission Expires
ow 3 7 ao a- Notary Public in and for the State of Iowa
CASEY BOYD, LLC, ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on ~ ~ h ~ ~. r ~ S' 2011, by
~_, s~ 3, L3o~, ~~ . (name), as the owe. ~ ~~Qr~,~~x-, le) of Casey Boyd, LLC.
~• ~ ~
N ublic in and for the State of Iowa
~13~1~
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TNG lEMP9MENT - '~~~-' E%ISTNNG~EASEMENI
EGMMING EASE .-"~ ~ _ _ - _ . _ ~ / G9
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Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO. > > -~~~~
AN ORDINANCE AMENDING TITLE 14, ARTICLE 4E, SUBSECTION 8C,
NONCONFORMING SIGNS, TO ALLOW MODIFICATION OR REPLACEMENT OF A SIGN
FACE ON CERTAIN NONCONFORMING SIGNS LOCATED WITHIN 1000 FEET OF AN
INTERSTATE HIGHWAY RIGHT-OF-WAY (REZ10-00017).
WHEREAS, the Zoning Code allows tall, large signs in the Highway Commercial Zone
within 1000 feet of an interstate highway so that the signs are visible to travelers along the
interstate highway; and
WHEREAS, there are only two interstate highway interchanges in Iowa City that are
intended for commercial development and the Highway Commercial zoning designation is no
longer used at one of those interchanges, making any existing tall highway sign in this area
nonconforming; and
WHEREAS, the City's Zoning Code allows changes or alterations to existing nonconforming
signs in only very limited circumstances with the intent to eliminate nonconformities over time;
and
WHEREAS, given the significant private investment to install a tall, large sign structure, it is
reasonable to include changes or alterations to such non-conforming signs among the limited
circumstances where such changes are allowable; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning code
amendment and found it consistent with the broad intent and purpose of the zoning ordinance
and therefore recommends approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
Deleting paragraph 14-4E-8C-3 of the zoning ordinance and substituting in lieu thereof:
3. Other than for routine maintenance, if a nonconforming sign is changed or altered in
any way it must be brought into compliance with the provisions of Article 14-5B, Sign
Regulations, with the following exceptions:
a. Nonconforming signs that are deemed historic, signs for a historic structure and
signs on structures in a Historic Preservation Overlay Zone may qualify for a
special exception as described in paragraph 4, below.
b. On signs located within 1000 feet of an interstate highway that are legally non-
conforming with regard to sign area or height limitations, the existing sign face
may be changed or replaced, provided the sign meets all of the following criteria:
(1) The sign is located on property that is zoned commercial;
(2) The sign is not a hazardous sign, as defined in this Title; and
(3) If the sign is located in an area subject to regulation due to its proximity to
the Iowa City Municipal Airport, a determination of "no hazard to air
navigation" has been received from the FAA.
Ordinance No. 11-4424
Page 2
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.
Passed and approved this 15th day of February , 2011.
MAYOR
ATTEST: ~ ,~c/~ ~ - ~~
CITY CL RK
Approved by
~ e,~ .~
City Attorney's Office ! ~9~~~
Ordinance No. i i -4424
Page _ 3 _
It was moved by Champion and seconded by Mims that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
~_ Champion
~_ Dickens
x Hayek
~_ Mims
x Wilburn
x Wright
First Consideration _ 1 / 2
Vote forpaSSage: AYES: Hayek, Mims, Wilburn, Champion. NAYS: Bailey, Wright.
ABSENT: Dickens.
Second Consideration 2 / 1 / 201 >
Vote forpaSSage: AYES: Champion, Dickens, Hayek, Mims, Wilburn. NAYS: Wright,
Bailey. ABSFNT:~ None.
Date published 2/2312011