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HomeMy WebLinkAbout3698-02/05/1990ORDINANCE NO. 3698 AN ORDINANCE AMENDING THE WATERLOO ZONING ORDINANCE NO. 2479, AS AMENDED BY ADDING PART XVIII(A), HIGHWAY CORRIDOR OVERLAY DISTRICT (H -C). BE IT ORDAINED, by the Council of The City of Waterloo, Iowa: That Part XVIII(A), Highway Corridor Overlay District (H -C), is hereby added to the Waterloo Zoning Ordinance No. 2479, as amended, as follows: PART XVIII(A) "H -C" Highway Corridor Overlay District SEC. 2A -43A. GENERAL REGULATIONS. A. BOUNDARIES The "H -C" Highway Corridor Overlay District shall generally include all real property adjacent to, or in close proximity to Relocated Highway 218. The actual boundaries are shown on the official zoning map and legally described in Attachment A. B. PURPOSE AND INTENT The purpose and intent of this Part is to establish a Highway Corridor Overlay District for the orderly development of properties located within the Relocated Highway 218 Corridor Overlay District. The emphasis of the Highway Corridor Overlay District is to regulate the development within the Relocated Highway 218 Corridor in order to promote the health, safety and welfare of the citizens of Waterloo. New structures, certain modifications to existing structures that require building permits and certain site improvements shall conform to this Part thereby achieving the environmental goals of the Land Use Policy Plan. The provisions of this Part shall apply in addition to any other zoning district regulations and requirements in which the land may be classified. In the case of conflict, the most restrictive provisions shall govern, except as otherwise expressly provided in this Part. C. DEFINITIONS The following definitions shall apply only for the purposes of this Part. 1. Landscaped Area- An area not subject to vehicular traffic, which consists of living landscape material. 2. Vehicular Use Areas- All areas subject to vehicular traffic including, but not limited to, accessways, driveways, loading areas, service areas, and parking stalls for all types of vehicles. This definition shall not apply to BOOK 289 PAGE 596 Ordinance No. 3698 Page 2 covered parking structures or underground parking lots. 3. Overstory Tree- A self-supporting woody plant having at least one well defined stem or trunk and normally attaining a mature height and spread of at least 30 feet, and having a trunk that may, at maturity, be kept clear of leaves and branches at least eight feet above grade. 4. Understory Tree- A self-supporting woody plant having at least one well defined stem or trunk and normally attaining a mature height and spread of less than 30 feet. 5. Shrub- A woody or perennial plant with multiple stems. 6 Living Landscape- Low growing woody or herbaceous groundcover, turf, shrubs, and trees. 7. Screen- An area of planting which provides an effective visual barrier. For a single row the screen shall consist of Spruce, Firs, or Pines spaced at a maximum spacing of 15 feet or a double staggered row of Spruce, Firs, or Pine spaced at a maximum spacing of 20 feet within each row; for Arborvitae and Juniper the spacing shall be a double staggered row with maximum spacing of 10 feet within each row, or a single row with maximum spacing of 6 feet. 8. Parking Strip- That portion of city owned property between the curb line, shoulder line or traveled portion of the roadway or alley and the private property line. 9. On -premise signs- A sign on the same property as the activity it advertises. 10. Off -premise signs- A sign not entirely on the same property as the activity it advertises. D. ADMINISTRATIVE REGULATIONS The provisions of this part shall constitute the requirements for all zones that lie within the boundaries of the Highway Corridor Overlay District. This part shall apply to the following construction, establishment, alteration, enlargement or change in use. 1. For commercial zones and commercial uses in any zone, located within the Highway Corridor Overly District any increase in 10% of the gross floor area on the site or 1,000 square feet, whichever is less. These regulations shall also apply to any alteration which causes a substantial change in the exterior appearance of the building. 2. In industrial zones, any increase in 20% of the gross floor area on a site or 3,000 square feet, whichever is less. These regulations shall also BOOK 289 SAGE 597 Ordinance No. 3698 Page 3 apply to any alteration which causes a substantial change in the exterior appearance of the building. 3. In residential zones and for residential use in any zone located within the Highway Corridor Overlay District, any incrr:ase in 20% of the gross floor area on a site or 1,000 square feet, whichever is less. In addition to the above this Tart shall also apply to all sites being developed for the provision of parking as a primary use or for any improvement which results in the provision of or an increase in parking. This Part shall also apply to any additions, alterations, or repairs to existing structures which result in a change in the occupancy classification under the Uniform Building Code. The City Planner may prorate the requirements herein, based upon the nature and extent of alterations and additions. For projects as indicated above, no certificate of occupancy, demolition permit, or building permit shall be issued unless: 1. Such development project is found to be in conformance with this Division; or 2. Such development project has been granted a special permit. E. ALTERNATIVE COMPLIANCE The City Planner or a designated representative shall be solely responsible for administering this Division. In a case where a plan does not comply with the provisions of this Division, the City Planner or a designated representative may recommend approval of the plan to the design review board only if the following findings are made: 1. The proposed improvements will fulfill an individual and/or community need and will not adversely affect the goals of the Land Use Policy Plan; and 2. The proposed improvements, because of conditions that have been applied to it, will not be detrimental to the health, safety and general welfare of persons residing or working in the area, and will not adversely affect other property in the vicinity; and 3. The proposed improvements will meet the purpose and intent of this Part. The Alternative Compliance provision may be applied to large commercial and industrial projects or projects on difficult sites that are unable to meet the requirements as stated in this Part. In all cases, projects so approved must satisfy the findings described above. F. LANDSCAPE REQUIREMENTS 1. Submittal Procedures BOOK 289 PAGE 59 Ordinance No. 3698 Page 4 a. Submittals for landscape approval shall include a separate planting plan showing type, size, and number of plantings; a site plan showing total area and total landscaped area and any supplementary information as required to demonstrate conformance to the landscape requirements. Any deviations from the approved landscape plan must receive approval from the City Planner prior to installation. b. The owner shall make fiscal arrangements by bond, certificate of deposit, or a nonrevocable letter of credit payable to the City to ensure that the landscaping will be installed. The City Planner may at his/her discretion accept other evidence of ability to pay. The fiscal arrangements shall reflect the cost of required landscaping not yet in place to ensure that such landscaping will be installed. The owner must also grant the City or its licensed and contracted agent the right to enter upon the land for the purposes of installing the required landscaping, in the event that such landscaping is not in place by the date specified in the agreement. Such fiscal arrangements shall be released when landscape improvement verification is received. 2. Measured Compliance The following point schedule and conditions apply to required landscaping in all zones and shall be used in determining achieved points for required planting: Overstory Trees 4 inch caliper or greater 3 inch caliper or greater 2 inch caliper or greater Understory Trees 2 inch caliper or greater 1 1/2 inch caliper or greater 1 inch caliper or greater Shrubs 5 gallon or greater 2 gallon or greater Conifers 10 foot height or greater 8 foot height or greater 100 points 90 points 80 points 40 points 30 points 20 points 10 points 5 points 100 points 90 points BOOK 289 PAGE 9 Ordinance No. 3698 Page 5 6 foot height or greater 5 foot height or greater 4 foot height or greater 3 foot height or greater 80 points 40 points 30 points 20 points 3. Minimum Requirements for Designated Zones a. "R" Zones- The minimum required landscape area shall be 65 percent of the lot exclusive of buildings. The yard shall be planted with a combination of trees and shrubs to achieve a minimum of .05 points per square foot of the landscaped area. b. "C-3" Commercial Zone- The minimum required landscape area shall be 65 percent of the lot exclusive of buildings and parking. The landscape area shall be planted with a combination of trees and shrubs to achieve a minimum of .05 points perr square foot of landscaped area. c. "C" and "M" Zones- The minimum required landscape area shall be 25 percent of the total lot area. The landscape area shall be planted with a combination of trees and shrubs to achieve a minimum of .04 points per square foot of total lot area. 4. ADDITIONAL LANDSCAPING REQUIREMENTS The following additional landscaping requirements apply to all zones: a. VEHICULAR USE AREAS 1. For vehicular use areas greater than 6,000 square feet, an area equivalent to a minimum of five percent (5%) of the total vehicular use area shall be landscaped. The required landscape area shall be located within the vehicular use area. 2. For vehicular use areas 6,000 square feet or less, a combination of trees and shrubs shall be planted in either the vehicular use area or within five feet of the perimeter or both to achieve the minimum landscape points as required by the underlying zone. 3. Tree spacing shall be such that no designated parking space is more than 30 feet from the trunk of a tree. 4. There shall be sufficient barriers to protect all landscaped areas from vehicular damage. 5. Wherever a parking area is located adjacent to City R -O -W the parking area shall be separated from the parking strip by a BOOK 289 PAGE 600 Ordinance No. 3698 Page 6 landscaped area(s) of a width no less than eight feet measured perpendicular to the curb. This area must contain an effective visual screen for a minimum of eighty percent (80%) of that parking area. This screen must be at least 30 inches in height, as measured from the parking area or the street curb, whichever is higher, and may be achieved through the use of landscaped berms or plant materials. If plant materials are used to achieve this screen there will be 1 point assigned per linear foot of the screen no individual plant points will be assigned for this screen. 6. The vehicular use area must terminate at least five feet from any exterior building wall. Exceptions may be made where it is necessary to cross the non -vehicular use area to gain access to the building(s) and for drive up facilities such as banks and restaurants. 7. All trees in the interior of the vehicular use area shall be two inch (2") caliper or greater measured six inches (6") above grade at the time of planting. 8. Areas less than 40 square feet in size or having an average dimension of less than three feet, shall not be included for purposes of calculating the required landscape area in the vehicular use area. b. STREET TREE PLANTING A minimum of 1.5 points per linear foot of street frontage must be achieved in the City parking strip. This point requirement shall be met through the provision of trees, and planting shall comply with the Vegetation Ordinance Chapter 35 of the Waterloo Municipal Code. c. MAINTENANCE The owner shall be solely responsible for the maintenance of any and all landscaping. This maintenance shall include but not be limited to, removal of litter, pruning, mowing of lawns, adequate watering for all growing plant life, and, also weeding in accordance with the Tree and Shrub Care Guidelines as set forth by the Waterloo Park Commission. The Owner shall also be responsible for any replacement, as necessary, in order to preserve the landscaping plan as approved by this section. The responsibility to maintain the landscaping shall include the parking strip located between the private property line and the public street or highway, directly adjacent to the owner's property. A maintenance agreement shall be signed prior to a building permit being issued. BOOK 289 PAGE '1 Ordinance No. 3698 Page 7 d. RESIDENTIAL DEVELOPMENT For residential development in other than residential zones, the residential requirements of this Division shall apply. e. POINT DISTRIBUTION A minimum of 65 percent of all required points shall be achieved through tree plantings. A minimum of 10 percent of all required points shall be achieved through living landscape other than trees. f. REDUCTION OF LANDSCAPED AREA A point score in excess of that required may be used to reduce the required landscaped area at a rate of one square foot per excess point up to a maximum reduction of 25 percent. g• SCREENING For any use that is not oriented toward Relocated Highway 218 a screen shall be installed along the lot line adjacent to Highway 218. There will be no individual tree points given for this screen. The screen will receive 3 points per linear foot if the trees are greater than 6 feet in height at the time of planting. The screen will receive 1 point per linear foot if the trees are greater than 4 feet in height at the time of planting. In no case shall the trees be less than 4 feet at the time of planting. Exceptions to this requirement may be granted by the Design Review Board. G. SIGN REGULATIONS GENERAL PROHIBITION: No person shall develop, install, locate, or construct any sign within the Highway 218 overlay district in the City of Waterloo except as expressly authorized in this section. The provisions of this section shall apply in addition to any other zoning district in which land may be classified and that such lands may be used as permitted by such other districts. In the case of conflict the most restrictive provisions shall govern except as otherwise expressly provided in this section. 1. PERMITTED SIGNS a. ON -PREMISE SIGNS 1. In residential, "S-1", "U-1", and "A-1" districts only those signs permitted in the underlying districts shall be allowed. 2. COMMERCIAL "C-1" AND "CZ -Cl" a. Post Signs One post sign per use, not to exceed 40 square feet on each face and not to exceed 20 feet in height. If more than two faces are BOOK 289 PAGE 612 Ordinance No. 3698 Page 8 used the area of each side shall be reduced proportionately. b. Wall Signs Wall signs shall not exceed 10% of the wall area; in no case shall the wall signs exceed 15% of the first 10 vertical feet of wall area. The length of a wall sign shall not to exceed 2/3 of the building wall length. Wall signs shall be mounted flat against the building. No more than two (2) sides of a building shall have wall signs. For the purpose of this part signs painted on awnings shall be considered as wall signs. 3. COMMERCIAL "C-2" AND ALL OTHER ZONING CLASSIFICATIONS a. Post signs One Post sign per use, not to exceed 40 feet in height with an area not to exceed the smaller of the following: 1. Two square feet for each foot of street frontage. 2. 250 square feet. If more than two faces are used the area of each side shall be reduced proportionately. For multiple businesses that share common parking, access, or structures there shall be a maximum of one pole sign. b. Wall Signs Wall signs shall not exceed 10% of the wall area; in no case shall the wall signs exceed 15% of the first 10 vertical feet of wall area. The length of a wall sign shall not to exceed 2/3 of the building wall Length. Wall signs shall be mounted flat against the building. No more than two (2) sides of a building shall have wall signs. For the purpose of this part signs painted on awnings shall be considered as wall signs. c. Directional Signs Each use shall also be allowed directional signs as necessary to facilitate the orderly flow of traffic with a maximum area of 6 square feet each. A logo is permitted on the directional signs, but shall not exceed 10% of the total sign area. These signs are for directional, not advertising purposes. The square footage of directional signs shall not be included in the calculation of the allowable square footage of other signage. BOOK 289 PACE 603 Ordinance No. 3698 Page 9 d. Menu Signs For drive -up menu signs for ordering only one single sided menu sign shall be allowed, no advertisement on the back of the sign. This sign shall have a maximum area of 32 square feet. The square footage of menu signs shall not be included in the calculation of the allowable square footage of other signage. e. Roof Signs Roof signs shall be allowed in place of the wall sign only when both of the following conditions are met: 1. Insufficient area for a wall sign; 2. The building has a pitched roof and the roof sign does not project higher than the peak of the roof. b. OFF -PREMISE SIGNS Off -premise signs shall not be allowed in the overlay district. (This provision shall terminate 30 days after the entire U.S. Highway 218 is open for traffic.) 2. ADDITIONAL SIGN REGULATIONS Post signs shall be allowed in the front yard or the yard furthest from Relocated Highway 218 only. Post signs as set forth in this ordinance shall be allowed in the yard closest to the highway only when they conform as listed. a. The signs shall have a maximum height of 25' above the surface of the highway or a maximum height of 40' above the grade on which they are mounted whichever is less. b. Each sign shall have a pole covering in proportion to its size. The covering shall be at least 50% of the sign cabinet face width. The construction of the covering shall be compatible with the construction of the building. The design review board shall have the power to allow creative alternatives to this requirement. c. All such signs in the yard closest to the highway shall be reviewed by the Design Review Board before a permit is issued. Sign permits shall expire 6 months after the date of issuance. When a business ceases operation the on premise signage shall be removed by the owner according to the following schedule: Sign or sign cabinet --within 180 days Supporting structure --within 1 year BOOK 289 PACE 61A Ordinance No. 3698 Page 10 When off premise advertising is bare or in disrepair for a period of 90 days it shall be removed. If it is bare or in disrepair for a period of one year the structure shall be removed. 3. PROHIBITED SIGNS The following signs are not considered appropriate within the overlay district and shall not be permitted: Portable signs Off -premise signs located on bus benches Signs painted directly on buildings Off -premise roof signs H. DESIGN REVIEW BOARD 1. PURPOSE The primary purpose of the design review is to insure a high degree of aesthetics, to promote quality and compatible development of land uses, buildings, structures and the physical environment of the community within the highly visible Relocated Highway 218 Corridor. Design Review encompasses the examination of the below criteria with regard to the aesthetics, appearances, and function of the structure in relation to the site, adjacent structures and surrounding community. The Design Review Board and Planning Department shall review plans based upon Section H-4 as established in this Section of the Zoning Ordinance. The board must consider the following as well as the guidelines developed by the board and approved by the Planning, Programming and Zoning Commission and the City Council. a. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, trees, drainage, and waterways. b. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping structures, signs, and lighting and screening devices. c. The dimensions of all buildings, structures, setbacks, parking spaces, floor area ratio, height, lot coverage and any other information that may be reasonably required to determine compliance with this Ordinance. d. Architectural elements of exterior building surfaces. e. The proposed structure indicates a BOOK 289 PAGE 6e Ordinance No. 3698 Page 11 sensitivity to and is compatible with the environment, adjacent structures, and enhances the appearance of the surrounding properties. f. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on Relocated Highway 218 and to permit vehicles a rapid and safe ingress and egress to the site. g. Lighting shall be reviewed to ensure safe movement of persons and vehicles; for security purposes and to minimize glare and reflection on adjacent properties. Buffering materials shall be reviewed to ensure that headlights of vehicles, noise, and light from structures are purposely shielded from public view and pedestrian areas. h. The overall project shall be reviewed for compliance with the City's Comprehensive Plan or special plans that apply to or affect the subject property. 2. DESIGN REVIEW BOARD a. Powers and Duties 1. The Design Review Board shall be responsible for reviewing all applications for design review required under this section. 2. The Design Review Board shall have the power to approve applications with or without conditions or to disapprove applications with conditions. 3. The Design Review Board shall create and maintain a list of design guidelines which it shall apply to all applications. Said guidelines may be amended by a majority vote of the board upon approval of the Planning, Programming, and Zoning Commission as well as the Waterloo City Council. b. Membership 1. Composition - The Design Review Board shall be composed of seven (7) regular members and two (2) ex -officio members. The seven (7) regular members will consist of two (2) persons knowledgeable in the practice of architecture, one (1) person knowledgeable in the practice of landscape architecture, professional land planning or land development and four (4) citizens at -large, one of which shall be a representative of the arts and recreation commission. The two (2) ex -officio members shall be the City Planner and the Building official. 2. Appointment - All members shall be appointed BOOK 289 PAGE 606 Ordinance No. 3698 Page 12 by the Mayor in consultation with the Planning Commission. 3. Residency and Place of Business - All regular members shall reside in or have their primary place of business in the City of Waterloo, Iowa. c. Terms of Office The term of service on the Design Review Board shall be two (2) years. Each member shall serve until the appointment of a successor. The members of the first Board shall be appointed as follows: one (1) architect, two (2) citizens -at -large, one (1) person knowledgeable in the practice of landscape architecture, professional land planning or land development shall be appointed for a one (1) year term and the remaining three (3) members shall be appointed for two (2) year terms. Thereafter, every member appointed shall be appointed to serve a two (2) year term. d. Removal Any Board member who misses more than one (1) consecutive meeting with no legitimate excuse may be recommended for removal by the Chair or Vice -Chair to the mayor. e. Quorum and Voting A quorum shall constitute four (4) regular members. A majority vote of the quorum shall be required to approve any application. The Chair shall have the right to vote on all issues before the board. Prior to a decision of the board, the ex -officio members shall submit a recommendation for each item on the agenda. If an application is denied the Board shall provide a written statement to the applicant in support of its finding. f. Meetings g• The Board shall meet monthly or at the call of the Chairperson or the City Planner. All meetings shall be open to the public and shall be conducted in accordance with the rules and regulations adopted by the Board. Organization 1. The Chairperson and Vice -Chairperson shall be elected from the members of the Board by a majority vote. 2. The Department of Planning shall provide the necessary staff to assist the Board in the performance of its duties. h. Conflict of Interest Members of the Board shall be governed by the BOOK 289 PAGE 607 Ordinance No. 3698 Page 13 applicable provisions of the Iowa Code, as amended. This provision shall apply from the installation date of the first Board. 3. DESIGN REVIEW PROCEDURE a. Application for Design Review The applicant shall obtain a Design Review application from the Planning Department which shall be responsible for the overall coordination and administration of the Design Review Process. Once the application and appropriate set(s) of plans have been received by the Planning Department and determined to be completed, the Planning Department shall within ten (10) working days conduct a staff review and prepare a recommendation to the Design Review Board. Any applicant requesting a review before the Design Review Board shall pay, upon the submission of an application to the Planning Department, a fee of $75.00. An application pertaining only to signs shall require a fee of $25.00. If a deferment or clarification review is requested by the applicant, a $50.00 fee shall be assessed. If a deferment or clarification of conditions is requested by the Board, there will be no additional fee. If the applicant removes his/her file from the agenda after it has been accepted by the Planning Department, the City shall retain the application fee. The above fee schedule is required in order to defray the costs associated with the Administration of this Section. All applications must be submitted a minimum of two weeks prior to the board meeting to be considered. Should a question arise as to compliance with the conditions as outlined by the Design Review Board, a clarification review before the Board may be called by any City Department having jurisdiction or by the applicant. Upon receipt of a properly completed application the Planning Department shall notify the applicant of the time and place the review will be held. The Design Review Board shall have full power and authority to consider any application subject to design review under this section and Planning Department recommendation within a reasonable time from the date of submission of a complete application to the Planning Department. The Board shall announce its decision within three (3) working days of the review. The Design Review Board shall have mandatory powers to approve applications with or without conditions or disapprove applications with conditions. BOOK 289 PAGE 608 Ordinance No. 3698 Page 14 The Design Review Board may require such changes in said plans and specifications as in its judgment may be requisite and appropriate to the maintenance of a high standard of architecture, as established by the standards contained in this Ordinance, the Design Review Board's guidelines and as more specifically outlined in the City's Comprehensive Plan and other specific plans pertaining to the 218 corridor. Upon approval of an application by the Design Review Board, the City Planner or his/her authorized representative shall stamp and sign three (3) sets of plans. Two (2) sets of plans shall be returned to the applicant who may only then submit an application for a building permit. The remaining approved plan shall be part of the Board's official record and shall be maintained on file with the Planning Department. b. Exemptions Exemptions to these regulations include the following: 1. All permits for plumbing, heating, air conditioning, elevators, fire alarms and extinguishing equipment, and all other mechanical and electrical equipment when such work is entirely within the interior of the building; however, the City Planner may approve such building permit applications for minor work on the exterior of buildings. 2. Any permit necessary for the compliance with a lawful order of the City related to the immediate public health or safety. 3. All permits for interior alterations and repairs. 4. All permits for demolition or wrecking. 5. All one and two family residential properties and accessory uses incidental to the principal permitted use, except those properties of historical significance which shall be reviewed by the Historic Preservation Commission according to Chapter 18 1/2 of the Waterloo Code of Ordinances. 4. BUILDING PERMIT APPLICATION The applicant or his/her authorized agent shall make application for a building permit. The application shall include, at a minimum, the two (2) sets of plans which were approved by the Design Review Board and stamped and signed by the City Planner or his/her authorized representative. No building permit, certificate of occupancy, certification of completion, or occupational license shall be issued unless all the plans, including amendments, notes, revisions, or modifications have been approved by the City BOOK 289 PAGE L Ordinance No. 3698 Page 15 Planner. Minor modifications to plans that have been approved by the Design Review Board will be permitted when approved by the City Planner. No building permit shall be issued for any plan subject to design review except in conformance with the approved plans. The applicant shall have up to one (1) year from the date of design plan approval to obtain all necessary building permits needed to proceed with construction. If the applicant fails to obtain said building permit(s) within the time period, all staff and Design Review Board approvals shall be null and void and the applicant shall be required to reinitiate the design review process; however, an extension for cause, not to exceed one (1) year, may be granted by the Board. An applicant may submit an application for a building permit simultaneously with a design plan review in order to expedite processing; however, no building permit shall be issued until the final design plan has been stamped and signed by the City Planner or his/her authorized representative in accordance with this Ordinance. 5. SPECIAL REVIEW PROCEDURE For minor work associated with alterations and additions to existing buildings, or the construction repair, or alteration of new or existing walls, at grade parking lots, fences, and signage, the City Planner or his/her designated representative, shall have the authority to approve, approve with conditions or deny an application on behalf of the Design Review Board. Appeal of the City Planner's finding shall be considered by the Board at the next regular meeting date. 6. APPEAL The applicant or any city department having jurisdiction may appeal any decision of the Design Review Board to the Board of Adjustment pursuant to Part XXIII of the Zoning ordinance. INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: January 16, 1990 January 16, 1990 January 22, 1990 February 5, 1990 Sec. 2A -43B. PASSED AND ADOPTED by the city Council of the City of Waterloo, Iowa, on the 5th day of February, 1990 and approved by the Mayor Pro Tem on the 6th day of February, 1990. /71/41 V. Robert J. 'Brown, Mayor Pro Tem ATTEST: Larr, P.j.urger, Cit J Clerk/Auditor BooK 289 PACE 610 Ordinance No. 3698 Page 16 CERTIFICATE I, Larry P. Burger, City Clerk/Auditor of the City of Waterloo, Iowa, do hereby certify that attached hereto is a true and complete copy of Ordinance No. 3698, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 5th day of February, 1990. Witness my hand and seal of office this 6th day of February, 1990. Lar urger, C ( Clerk/Auditor BOOK 289 PAGE 611 Ordinance No. 3698 Page 17 ATTACHMENT "A" Commencing at a point 300 ft. westerly of the intersection of Corporate City limits and Highway 218 South, thence continuing 300 ft in even width northerly along Highway 218 and then westerly along I-380 to Hess Road. Thence northerly along Hess Road and La Porte Road to the intersection of East Mitchell Ave. thence westerly along E. Mitchell Ave. to the intersection of Dena St. if extended, thence northerly along Dana St. to Byron Ave. thence westerly on Byron Ave to Wisconsin St. thence northerly along Wisconsin St. to Hawthorne Ave. thence Westerly along Hawthorne Ave. to Ohio St. thence northerly on Ohio St to Forest Ave. thence westerly on Forest Ave. to Minnesota St. thence northerly along Minnesota St. to Bertch Ave. thence westerly along Bertch Ave. to Oregon St. thence northerly along Oregon St. to Williston Ave. thence Westerly along Williston Ave. to Linwood Ave. thence northerly along Linwood Ave. to South St. thence following South St. westerly to West Mullan Ave thence continuing westerly on Leland Ave. to Sunnyside Ave. thence southerly on Sunnyside Ave. to Randall St. thence westerly on Randall St. to Oaklawn Ave. thence southerly on Oaklawn Ave. to West Wellington thence westerly on West Wellington if extended to Black Hawk Creek, thence northerly along Black Hawk Creek to Falls Ave. thence westerly on Falls Ave. to Fletcher Ave. thence northerly on Fletcher Ave. to Harwood Ave. thence northwesterly along Harwood Ave. to Knoll Ave. thence northerly on Knoll Ave. to Rock Island Ave. thence westerly on Rock Island Ave. to Englewood Ave. thence northerly on Englewood Ave. to Bismark Ave. thence westerly on Bismark Ave. to Magnolia Parkway. Thence northerly on Magnolia Parkway to Stratford Ave. thence westerly on Stratford Ave. to Kirkwood Ave. thence northerly on Kirkwood Ave to Upton Ave. thence westerly on Upton Ave. to Galloway Ct. thence northerly on Galloway Ct. to Maynard Ave. thence northwesterly on Joy Dr. to Gayle St. thence northerly on Gayle St. to CC & P Railroad thence northwesterly along railroad to intersection of Faber Road if extended thence southerly to Rainbow Dr. thence westerly to a point 300 Ft. westerly of intersection of Rainbow Dr. and Greenhill Road thence following Highway 218 North ROW northerly and westerly 300 Ft. in even width to West Corporate Limits thence northerly to a point 300 Ft. north of ROW thence easterly 300 Ft. in even width to 300 Ft. westerly of Airport Blvd. thence northerly 300 Ft. in even width to West Airline Highway thence easterly along West Airline Highway to a point 300 Ft. easterly of Airport Blvd. thence southerly in 300 Ft even width to Cedar River thence following the Cedar River to the By -Pass Channel thence follow the By -Pass Channel to Conger St thence southwesterly on Conger St. to Westfield Ave. thence along Westfield Ave. to River Road thence continue on River Road to West Mullan Ave. thence continuing on Commercial Ave. to West Second St. thence southwesterly on West Second St. to Jefferson St. thence southeasterly on Jefferson St. to West Tenth Street thence northeasterly on West Tenth St. to Commercial St. thence southeasterly on Commercial St to West Twelfth St. thence southwesterly on West Twelfth St. to Jefferson St. thence southeasterly on Jefferson St. to West Seventeenth St. thence northeasterly on West Seventeenth St. to Commercial St. thence southeasterly on Commercial St. to West Nineteenth St. thence southwesterly on West Nineteenth BOOK 289 PAGE 6.2 Ordinance No. 3698 Page 18 St. to Jefferson St. thence southeasterly on Jefferson St to La Porte Rd. thence continuing on Paper Mill St. to Gladys St. thence southerly on Gladys St. to Hawthorne Ave. thence from Hawthorne Ave. along Sheffield Ave. if extended to East Mitchell Ave. thence westerly along E. Mitchell Ave. to Birmingham Ave. and IN Railway thence southeasterly on Railway ROW to 300 Ft. northerly of I-380 thence easterly 300 ft in even width to Corporate Limits thence southerly along Corporate Limits the 300 Ft southeasterly of I-380 ROW thence continuing southwesterly to intersection of Cedar Terrace Dr. and Texas St. thence following Texas St. to East Shaulis Road thence from East Shaulis Rd. in 300 Ft. even width to Corporate Limits vDEXED c ° COMPAKED PAGED Y/' �r-At t- 06 55 BLACK HAWK COUNTY, IUWA:SS Filed for record ,_,k , .2/19 90 at ,'o a P. M, and recorded in Hook a8q Page 59 (o Recorder Deputy Fee 9o. 2 BOOK 289 PACE 61.3 eL / e. ;ma proposeo improvements, because of conditions that have 4 bebri eWpiied to it. will not be detri- a mental to the health, safety and general welfare of persons residing or working in the area, and will not adversely affect other property in the Vicinity; and 3. The proposed improvements will mes*t the purpose and intent of this Part. ,:- y T s..!if!insari agar bar asap eta ta!1{uoo )o' ease a41 UI •pe!;!SSE13 eq dew puel eta 'pram w s;uew -ennbei pus suamn8ei pies! p Bui -uoz ie'ao due of Uo119ppe u! Aldde Heys lied S!yl ;o suo!s!Aoid 641 .ueld AO!lod esn pue1 e41 ;o siew o6 le!ueuoi -!nue e41 u!ne!4oe' geieyl tied aryl 01 wio;uo° IIEys slueweAOldw1 sips taupe° pus st!wied 6uiplmq ei!nbei feat serol°nils 6u!lsixe of suo!l -ea►!pow Ulepeo 'sea -aortas meN '00lieteM40 SU62t1!3 e41 to sial -tea+ pue Ale;es 'ypee4 e41 elowoid 0; iepio u! 101111100 812 AeMy6!H peteooie�yi, eat u!4$IM luewdolenep eta siertBei o{{ s! topistQ Aep0A0 iopuio3 Asm'6!H e4l ;o s!se4dwe 941 •to!ilsta Ae140A0 iop!iioa gig Aemg6!H pele°oled eat u!41!m pomace se!pedoid ;o ;uewdolenep Aliepio 041 io; l°!ilsta Ae11en0 iopuioa ACM48IH e ysilgelse of s1 cl s?4i o suelu! pee esodind sal IN31NI ONd 3SOd8nd .8 vr510I15 u: 'IRS ,en,Uun shad apply in addition to any other zoning district in which land may be classified and that such lands may be used as permitted by such other districts. In the case of conflict the most r4;tiic- tive provisions shall govern a cep) as otherwise expressly provided in This section. 1. PERMITTED SIGNS a. ON -PREMISE SIGNS Might of "et above the surface of he highway or a maximum height f 40' above the grade on which !hey are mounted whichever is less. p Each sign shall have a pole cov- jtring in proportion to its size. The overing shall be al : - t . C/ s ..,....,y w4tton. b. Membership. 1. Composition - The Design Review Board shall be corrposed of seven (7)) regular merrters and two (2) ex -officio members. The seven (7) regular members will consist of two (2) persons knowledgeable in the practice of architecture, one (1) person aaK�nnowlle�dggeable in the prat 0910 Meant tice or )cid t Caljon SOT a� condi- tions is requested by the Board, there will be no additional fee. If the applicant removes his/her file from the agenda after it has been accepted by the Planning Depart - ^tent, the City shall retain the appli- 1ion fee. is above tee schedule is required order to defray the costs associ- ctctwith the Administration of this ion. applications must be submitted a pimum of two weeks prior to the and meeting to be considered. ould a question arise as to com- Iines with the conditions as out - 9d by the Design Review Board, ;Iarification rev4w before the and may be callee by any City partment having jurisdiction or by applicant. an receipt of a properly corrplei- application the Planning depart - i1 shall notify the applicant of the Ir and place the review will be i. The Design Review Board II have hill power and authority onsider any application subject esign review under this section Planning Department recom- dation within a reasonable time i the date of submission of a plete application to the Pian - Department. The Board shall punce its decision within three prking days of the review. The uesign Review Board shall have a O -irAfESFATNQ,Q NATURE Do ? * m 0 �. O t1 L.0,1/4 „,iM as vm+09 dr+71lyHM !Ion Commission according to 1 raa; R. - Chapter 18 1/2 of the Waterloo Code of Ordinances. 4. BUILDING PERMIT APPLICA- TiON The applicant or his/her authorized agent shall make application for a building permit. The application shall include, at a m nimum the two /71 sate air westerly along Bertch Ave. to Ore- ere gon St. thence northerly along Ore- raw gon St. to Willilston Ave. thence by westerly along Williston Ave. to ho - Linwood Ave. thence northerly l along Linwood Ave. to South Si. thence following South St. westerly to West Mullan Ave thence continu- ing westerly on Leland Ave. to Sun- ::dyside Ave. thence southerly on ,' Ounnyside Ave. to Randall St. n Thence westerly on Randall St. to \,0akfawn Ave. thence southerly on o Oaklawn Ave. to West Wellington thence westerly on West Wellington if extended to Black Hawk Creek , thence northerly along Bleck Hawk Creek to Falls Ave. thence westerly on Falls Ave. to Fletcher Ave. thence northerly on Fletcher Ave. to Harwood Ave. thence northwester - along Harwood Ave. to Knoll Ave. thence northerly on Knoll Ave. to Rock Island Ave. thence westerly on Rock Island Ave. to Englewood Ave. thence northerly on Engle- wood Ave. to Bismark Ave. thence westerly on Bismark Ave. to Mag- nolia Parkway. Thence northerly on Magnolia Parkway to Stratford Ave. thence westerly on Stratford Ave. to Kirkwood Ave. thence northerly on Kirkwood Ave. to Upon Ave. thence westerly on Upton Ave. to Galloway Ct. thence northerly on Galloway Ct. to Maynard Ave. thence north- westerly on Joy Dr to Gayle St. thence northerly on Gayle St. to CC L p 1 cvv - 1 • City o Waterio i daily newspaper printed In Waterloos 1 consecutive 19 90 In the issues of annexed rate o? aimg6l a correct bill tot 21uNfWWO' SNINOW Xld pot aoNgln • _ A.D., 1 5?l3t1066b'bbb 6 day of l/ Notary Public Dollars