HomeMy WebLinkAbout1993-01-05 Ordinance
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OROINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
CONDITIONAllY CHANGING THE USE REGULATIONS OF
APPROXIMATELY 19.1B ACRES lOCATEO EAST OF THE
INTERSECTION OF HIGHWAY 1 AND SUNSET STREET
FROM COUNTY COMMERCIAL (C-21 AND RURAL IA-11 TO
INTENSIVE COMMERCIAL (CI.1J,
WHEREAS, the subject property is presently located
outside the Iowa City corporate limits; and
WHEREAS, the owner of said property has petitioned the
City of Iowa City for voluntary annexation and the City is
proceeding with same; and
WHEREAS, pursuant to Iowa Code l368.7, annexation of
the property must be approved by both the City and the city
development board; and
WHEREAS, the proposed Intensive Commercial ICHI'
zoning subject to certain conditions is compatible with the
adjacent commercial and industrial zoning and development;
and
WHEREAS, Iowa law provides that the City of Iowa City
may impose reasonable conditions on granting the
Applicant's rezoning request, over and above existing
regulations, in order to satisfy public Meds directly caused by
the requested change; and
WHEREAS, the City has a policy to preserve and enhance
the entranceways to Iowa City, Iowa; and
WHEREAS, Highway 1 is the primary entrance into Iowa
City from the southwest; and
WHEREAS, the Applicant has agreed to develop this
property in accordance with the terms and conditions of a
Conditional Zoning Agreement In order to ensure appropriate
development at this entrance to the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCil OF THE CITY OF IOWA CITY, IOWA THAT:
SECTION I. APPROVAL. Subject to the city development
board approving the requested annexation of the property
described below into the City of Iowa City and subject ta the
terms and conditions of the Conditional Zoning Agreement
and 1414.5, Iowa Code, the property is hereby reclassified
from Its present classification of County Commercial {C.21
and Rural 1M} to Intensive CommerciaIICI.l}:
Commencing at the Northwest Corner of
the Northwest Quarter of Section 21,
Township 19 North, Range 6 West, of the
5th Principal Merldien; Thence
S89048'37'E, a recorded bearing, along
the North Une of said Nort~, lest Quarter of
Section 21, 492.80 feet, to a point on the
Southeasterly Right-of.Way Une of Iowa
Primary Road No.1, which is the POINT OF
BEGINNING; Thence S89048'37'E, alang
said North Line of the Northwest Quarter of
Section 21, 826.66 feet, to the Northeast
Corner of the Northwest Quarter of said
Northwest Quarter of Section 21; Thence
SOl o47'41'W, along the East Line of said
Northwest Quarter, 583.50 feet, to its
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Ordinance No.
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40.04 Acre Parcel acquired by Condemna.
tion, in the name of the C!ty of Iowa City,
Iowa, the proceedings of which are
recorded in Book 904, at Page 71, of the
records of the Johnson County Recorder's
Office; Thence S71'OO'OO'W, along said
Northerly Line, 890.50 leet, to an Iron Pin
Found on said Northerly Une; Thence
N74'22'OO'W, along said Northerly Line,
500.40 feet, to a point on the West Line of
said Northwest Quarter of Section 21;
Thence NO' '45'OO'E, along said West
Line, 70.08 feet, to its intersection with
said Southeasterly Right-of-Way Line of
Iowa Primary Road Na. , ; Thence
N37'25'08'E, along said Southeasterly
Line, 844.82 feet, to the Point of
Beginning. Said Tract of land contains
, 9.18 acres, more or less, and is subject to
easements and restrictions of record.
SECTION II. 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 final
passag~, approval and publication of this Ordinance as
provided by law and notification from the city development
board that annexation is completed.
SECTION III. CONDITIONAL AGREEMENT. The Mayor is
hereby authorized and directed to sign, and the City Clerk to
attest, the Conditional Zoning Agreement between the .
owners of the property and the City, and to certify the
ordinance and Conditional Zoning Agreement for recordation
in the Johnson County Recorder's Office, follawing final
passage and approval, and notification from the city
development board that the annexation is complete.
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
unconstitutlonel, such adjudication shall not affect the
validity of the Ordinance as a whole or any section, provision
ar part thereof not adjudged invalid or unconstitutional.
~ION VI. EFFECTIVE DATE. This Ordinance shall be In
effect after its final passage, appraval and publication, as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
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Ordinance No.
Page 3
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City of Iowa City
MEMORANDUM
Date: December 30, 1992
To: Mayor Courtney and City Council
From: Monica Moen, Senior Planner ~
Re: Compliance with the Subdivider's Agreement for Whispering Meadows Subdivision Part
One
At your December 14, 1992, work session, Councllmembers Inquired of the subdivider's success
In meeting the obligations Imposed on the development of the 71 residential lots within
Whispering Meadows Subdivision Part One. The Council will recall that In consideration of the
City's agreement to reimburse the subdivider for the costin overslzlng certain of the required
public Improvements In the subdivision, the subdivider Is obliged to sell no less than 50% of the
dwelling units constructed on the 71 lots at a price at or below the then current FHA loan limits
to persons who certify they Intend to occupy the dwellings as their principal place of residence.
In compliance wllh this obligation, the subdivider, Carol Barker, Is retaining copies of the recorded
deeds and the originally signed statements of the buyers of dwellings In the subdivision certifying
their Intent to occupy the dwelling units as their principal place of 18sldence.
Earlier this month, Ms. Barker Indicated that three of the 16 dwellings sold to date have been sold
at or below FHA loan limits. Given that a number of zero lot line dwellings In the $60,000-
$65,000 range are expected to be constructed within the development, Ms. Barker Is confident
the obllg&lIons of the Subdivider's Agreement will be satisfied. Ms. Barker Is fully aware of these
obligations and Is motivated to meet that commitment.
The Subdivider's Agreement specifies that failure to demonstrate compliance with the agreement
will result In the subdivider repaying the City those costs paid by the City In connection with the
oversized public Improvements plus 10% annual In Ie rest.
If you wish further Information, please do not hesitate to call me at 356.5243.
cc: Steve Atkins
Karin Franklin
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ORDINANCE NO. 93-3558
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO
CHANGE THE USE REGULATIONS OF CERTAIN PROPERTY
LOCATED EAST OF SCO". BOULEVARD AND NORTH OF
COURT STREET FROM THE COUNTY DESIGNATION OF RS,
SUBURBAN RESIDENTIAL, TO RS.S, LOW DENSIlY SINGLE
FAMILY RESIDENTIAL
WHEREAS, the subject property Is presently located outside
the Iowa City corporate IImlls; and
WHEREAS, the owner of said property has petitioned the City
of Iowa City for voluntary annexation and the City Is proceeding
with same; and
WHEREAS, pursuant to Iowa Code ~368.7, annexation of the
property must be approved by both the City and the clly
development board; and
WHEREAS, the property Is located In an area which Is
envisioned for future residential development; and
WHEREAS, RS-5, Low Density Slngle.Famlly Residential,
zoning permits the type of residential development which will be
appropriate an~ compatible with tha Intended future growth of
this area and \'/llh existing development on the east side of Iowa
City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
SECTION I. ZONING AMENDMENT. The proparty dascribed
below Is hereby reclassified from Its presenl classification of RS
In Johnson County to RS.S, a zoning classification In Iowa City
for Low Density Slngle.Famlly residential development subject
to approval of the requesled annexation of the property Into the
Clly of Iowa City by the city development board:
The east 410 feet of the west 1070 feel"ofthe
south 830 feet of Section 12, Township 79
North Range S West of the Filth Principal
Meridian, excepllng therefrom that portion of
Court Slreet which lies within the limits of the
above described parcel. Said parcel co,lalns
7.08 acres more or less and Is subject to
easements and restrictions of record.
SECTION II. ZONING MAP. The Building Inspector Is hereby
authorized and directed to change the Zoning Map of the City
of Iowa Clly, Iowa, to conform to this amendment upon final
passage, approval and publication of this Ordlnanca 6S
provided by law and nollflcatlon from the city development
board thai annexallon Is compleled.
SECTION III. RECORDATION. Tha City Clerk Is hereby
authorized and directed to record this Ordinance at the Johnson
Counly Recorder's OHlce, following final passage and approval,
and notification from the clly development board thai the
annexation Is completed.
SECTION IV. REPEALER. All ordlna~ces and parts of
ordinances In conlllct wllh Iho 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
unconslllullonal, such adjudication shall not affect the valldlly of
the Ordinance as a whole or any section, provision or part
thereof nol adjudged Invalid or unconstitutional.
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Ordinance No. 93- 3 5 5 8
Page 2
SECTION VI. EFFECTIVE DATE. This Ordinance shall be In
affect after ns final passege, epproval and publication, as
provided by law.
Passed and approved this 5th day of January, 1991.
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MAYOR
ATTEST: '\7~.J!. ~AA)
CITY CL K
Approved by
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ppdadmlnlcourtst.ord
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It was moved by Larson and seconded by Ambrisco
as read be adopted, and upon roll call there were:
that the Ordinance
AYES:
NAYS:
ABSENT:
x
x
x
Ambrlsco
Cou rtney
Horowitz
x Kubby
Larson
McDonald
Novick
x
x
x
First Consideration 11/24/92
Vole for passage: AYES: Larson, HcDonald, Novick, Ambrisco,
Courtney, Horowitz. NAYS: None. ABSENT: Kubby.
Second Consideration 12/15/92
Vole for passage: AYES: Larson, NcDonald, Ilovick,Ambrisco,
Courtney, Horowitz. NAYS: Kubby. ABSENT: None.
Date published 1/13/93
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ORDINANCE NO. 93- 3559
AN ORDINANCE AMENDING CHAPTER 15 ENTITLED '50LlD
WASTE', OF THE CODE OF ORDINANCES OF THE CITY OF
IOWA CITY, IOWA TO CREATE A NEW SECTION TITLED
"LIEN".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCil OF THE CITY OF IOWA CITY, IOWA THAT:
SECTION I. Chapter 15 'Solid Waste' of Ihe Code of
Ordinances of the City of Iowa C~y, Iowa, be, and the same is
hereby amended by enacllng a new section to be codllled as
Secllon 15-43, to read as follows:
Sec. 15-43. Uen.
In addillon 10 Ihe above, Ihe c~ shall have a lien upon
the property of any user or property owner who has failed
to pay for solid waste service. After written notice and
publlo hearing, the clly shall adopt by resolution said lIen(s),
and Ihe city clerk shall certify Ihe amount of Ihe IIQn and file
the same wllh the county. Such lien shall attach 10 Ihe
property receiving solid waste service upon certification by
Ihe city council and filing of the lien with Ihe county. Liens
perlected In Ihls manner shall be assessed againsllhe
property 10 Ihe extent of the balance due to the city for
solid waste service supplied and cosls incurred In
perlectlng such lien. Such lien shall be enforced unlll
payment In full, al which time the lien shall be deemed
sallsfied, and Ihe clly shall acknowiedge satisfaction Ihereof
and file a release with Ihe county. However, any rental
property owner or manager who furnishes to the city, In
writing, Ihe name and forwarding address and telephone
number (If known) of former tenants who have vacaled the
premises where solid waste bills are pasl due, dellnquenl
and unpaid, Ihen In thai event Ihe city shall forbear filing
Ihe lien provided In Ihls section.
SECTION 2. REPEALER. All ordinances or parts of
ordinances In conlllct wllh Ihe provisions of Ihls Ordinance are
hereby repealed.
SECTION 3. SEVERABILITY. If any section, rrovlslon or part
of the Ordinance shall be adjudged 10 be Invalid of
unconstitutional, such adjudlcallon shall not allecllhe validity 01
the Ordinance as a whole or any section, provision or part
thereol not edjudged Invalid or unconstitullonal.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be In
effect alter Its IInal passage, approval and publication as
required by law.
Passed and approved this 5th day of January,1993,
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ATTEST: . h~4/V) k. ~4)
CITY CLeRK
Approved by
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Clly Attorney's Office 1.,).):1'1 ~
pwong\soUdml.ord
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It was moved by McDonald and seconded by HorOl~itz
as read be adopted, and upon roll call there were:
that the Ordinance
AYES:
NAYS:
ABSENT:
x
x
x
x
x
Ambrisco
Courtney
Horowitz
Kubby
Larson
McDonald '
Novick
11'
X
First Consideration 12/15/92
Vote for passage: AYES: HorOl~itz, Kubbv. Larson, McDonald,
Novick, Ambrisco, Courtney. NAYS: None. ABSENT: None,
Second Consideration
Vote for passage:
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Date published
1/13/93
Moved by McDonald, seconded by Horowitz, 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: ~lcDonald, Novick,
Ambrisco, Courtney, Horowitz, Larson. NAYS: Kubby. ABSENT: None.
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