Loading...
HomeMy WebLinkAbout2007-01-23 Ordinance ~ Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. ORDINANCE VACATING A PORTION OF MCLEAN STREET BETWEEN HUTCHINSON AVENUE AND LEXINGTON AVENUE. (VAC06-00006) WHEREAS, the applicant, Kevin O'Brien, has requested a vacation of a portion of the McLean Street right-of-way; and WHEREAS, the Planning and Zoning Commission has found that the portion of McLean Street in question serves no public purpose and was not likely to do so in the future; and WHEREAS, the Planning and Zoning Commission has recommended approval of the requested vacation; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The property described below is hereby vacated by the City of Iowa City: Beginning at the north-east corner of Block 5 in the Manville Addition to Iowa City, Iowa as recorded in the Plat Book 1 at page 149, records of the Johnson County Recorder, then north fifty (50) feet, then west three hundred (300) feet, then south fifty (50) feet, then east three hundred (300) feet to the point of beginning. 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 All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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, as provided by law. Passed and approved this _ day of ,20_. MAYOR ATTEST: CITY CLERK I~/~~~ Wpdatalppdadmin/ord/vac06-00006mclean.doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration 1/23/2007 Vote for passage: AYES: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published ,") , , v STAFF REPORT To: Planning & Zoning Commission Prepared by: Drew E. Westberg, Planning Intern Item: VAC06-00006 Date: December 21, 2006 GENERAL INFORMATION: Applicant: Kevin O'Brien 351 Hutchinson Avenue Iowa City, IA 52246 Phone: (319)356-6066 Contact Person: R. Bruce Haupert 222 South Linn Street Iowa City, IA 52244-2447 Phone: (319)338-7551 Requested Action: Vacation of undeveloped portion of McLean Street Purpose: To allow purchase by adjacent property owners Location: McLean Street, between Hutchinson Ave. and Lexington Ave. Surrounding Land Use and Zoning: Low density single-family residential (RS-5) File Date: November 17, 2006 BACKGROUND INFORMATION: The applicant, Kevin O'Brien, is requesting a vacation of the undeveloped McLean Street right-of- way (ROW) between Hutchinson Avenue and Lexington Aavenue. Upon vacation, the property would be purchased from the City and divided between four adjacent property owners, including the applicant. The portion of the McLean Street ROW in question is undeveloped, with maintenance performed by the adjacent property owners. The adjacent properties are accessed from Lexington or Hutchinson avenues, which are both accessed from the south via River Street and Park Road from the north. ANALYSIS: Vacation of the ROW is not advisable if it would interfere with pedestrian or vehicular circulation, limit access to private property, inhibit the access of emergency or utility vehicles, prevent the location of necessary public or private utilities or if it is deemed desirable ROW for future development by the City. In this case none of these conditions appear to apply. As a consequence of a bisecting ravine, the ROW would not provide substantial benefits for pedestrian or vehicular circulation if developed by the City, nor would emergency or utility vehicle 2 access to Lexington Avenue or Hutchinson Avenue be measurably improved. Access to private property would not change based on vacating the property. The property does not contain City water, sewer, or storm sewer systems. Private utilities have been contacted and asked to identify any utilities currently on-site. If any exist, easements will need to be retained for those utilities. In staff's opinion, there appears to be no public benefit in retaining the property as public right-of- way. STAFF RECOMMENDATION: Staff recommends that VAC06-00006, a request to vacate McLean Street right-of-way between Lexington Avenue and Hutchinson Avenue be approved subject to utility easements if necessary. ATTACHMENTS: 1. Location Map 2. Arial Photograph Approved by: ~/~~ Robert Miklo, Senior Planner, Department of Planning and Community Development , CITY OF IOWA CITY ~ I I 1-- , I I -----l I I , .' I I~L --------+------- I I I I I I I MCLEAN ST I I I I I I I I ~-- . ~ ---- i ----1-- w I 5 II ______~ >_____~------- <(-------1------ I . <( I I I I z I I Z 0 I ----- ---T------ 01------- (f) -------1--- I ~------I z I ! L-------- I C) I _I -I- I z 1- U I 1--- CS f------ S + r ~ I I I SITE LoeA nON: McLean Street V AC06-00006 0) c .- Cl. Cl. co ~ ~ -- O. co $ o - '+- o ~ +--' .- o h (e ~a ~~ a: 'ill g Sij ~..E 20 ~-'! 0.. lei fa JI ~ CIl (ij o '" r"::J Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. ORDINANCE REZONING 17.75 ACRES OF LAND LOCATED EAST OF MORMON TREK BOULEVARD AT EAGLE VIEW DRIVE AND GRACE DRIVE FROM INTENSIVE COMMERCIAL (CI- 1) TO OFFICE COMMERCIAL (CO-1). (REZOa-D0021) WHEREAS, the applicant, James Davis, has requested a rezoning of property located between Eagle View Drive and Grace Drive from Intensive Commercial (CI-1) to Office Commercial (CO-1) to construct an office park east of Mormon Trek Boulevard Extended; and WHEREAS, the Planning and Zoning Commission has found that the CO-1 zone is intended to provide specific areas where office functions, compatible businesses, apartments, and certain public and semipublic uses may be developed in accordance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has found an office park as compatible with current and proposed adjacent uses; and WHEREAS, the Planning and Zoning Commission has found that PIP Printing will be a conforming use within the CO-1 zone; and WHEREAS, the Planning and Zoning Commission has found that the proposed rezoning is in compliance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, iOWA: SECTION I. The property described below is hereby reclassified from its current zoning classification of Intensive Commercial (CI-1) to Office Commercial (CO-1 ) and is hereby approved: JJ R Davis parts II and III. 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, as provided by law. Passed and approved this _ day of ,20_. MAYOR ATTEST: CITY CLERK 'z./~ sh~ Wpdata/ppdadmin/ordl REZ06-00021 MormonTrek.doc -~". --_._-,-'".,".,---"._._-,_._-'~--_., --~--_.._-~---_._._._----_..._-"....,..- Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES; NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration 1/71/7007 Vote for passage: AYES: Champion, Correia, Elliott, 0' Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published .~------------_..__.._..._--"~~. _._------~._...--_.__._._~---~.-_._--_.._._~.__._.._----- City of Iowa City MEMORANDUM . :j Date: November 16, 2006 To: Planning and Zoning Commission From: Robert Miklo Re: REZ06-00021 East of Mormon Trek Boulevard, Eagle View and Grace Drive During the October 5 public discussion of this rezoning request Dave Larson, the applicant's representative, stated that his intent was to build an office park in the area east of Mormon Trek Boulevard. The South Central Planning District component of the Comprehensive Plan does indicate that in addition to intensive commercial development, commercial office uses and zoning would be appropriate east of Mormon Trek Boulevard and would be compatible with the Iowa City Airport and the planned industrial area to the east. In fact prior to annexation the Comprehensive Plan indicated that this area was most appropriate for commercial office uses given its topography and relationship to the proposed industrial area to the east. At the applicant's request the Comprehensive Plan was amended in 2003 to add intensive commercial uses to this area in addition to the commercial office designation. Therefore rezoning all or a portion of the land included with the applicant's rezoning request to CO-1 would be in compliance with the Comprehensive Plan. In staff's view rezoning this area to CO-1 would be more appropriate than rezoning this property to CC-2 and opening up another area for retail development that is not contemplated in the Comprehensive Plan. CO-1 zoning does not tend to lead to strip commercial development and would be less likely to result in requests to convert the planned industrial park along Mormon Trek Boulevard. A rezoning to CO-1 would also be preferable to amending the CI-1 zone to include medical offices. The CI-1 zone is intended for intensive commercial and quasi-industrial uses that have the potential to generate some negative effects. The zone is also intended to provide areas for commercial uses that require large amounts of land or outdoor storage of equipment, machinery or merchandise and therefore are not able to afford land in more expensive retail districts. Examples of typical CI-1 uses include vehicle and machinery repair and sales, welding shops, contractor's shops, towing and vehicle storage, warehouse and mini-storage facilities. Possible negative effects from such uses include noise, traffic of heavy vehicles and outdoor storage yards. One of the reasons for the CI-1 zone is to provide areas in the community where these types of business can operate without disturbing adjacent properties and businesses. The typical character of the CI-1 zone is not appropriate for medical offices that function similar to retail uses that generate visits from the general public and have an expectation for a higher level of aesthetic quality. Staff has discussed the alternative of rezoning all or portions of the originally requested rezoning area to CO-1 rather than CC-2 with the applicant. The applicant is considering this alternative and may have a response at the November 16 meeting. _._._..~._------,-------~--_._-~_._------.,._._--- -",----.------------------'.--...------- STAFF REPORT To: Planning & Zoning Commission Prepared by: Drew E. Westberg, Planning Intern Item: REZ06-00021 Date: October 5, 2006 GENERAL INFORMATION Applicant: James R. Davis 4097 Kitty Lee Rd. Iowa City, IA 52240 Contact Person: David Larsen c/o 277 Hickory St. Kalona, IA 52247 Phone: (319) 656-5271 Requested Action: Rezoning from CI-1 to CC-2 Purpose: To allow retail type uses Location: Eagle View and property surrounding Grace Dr Size: 17.75 acres Existing Land Use and Zoning: Intensive Commercial (CI-1) Surrounding Land Use and Zoning: North: South: East: West: Neighborhood Public (P-1) County Agricultural (A) County Agricultural (A) Highway Commercial (CH-1) Comprehensive Plan: Intensive or Highway Commercial File Date: August2,2006 45 Day Limitation Period: September 21, 2006 (at the request of the applicant) BACKGROUND INFORMATION This property was annexed into Iowa City in 2003. The City and the applicant collaborated on the appropriate zoning for the area to support the City's goal of enabling development of a new industrial area in Iowa City and the property owner's goal of developing commercial zoning (Highway Commercial, CH1, and Intensive Commercial, CI1). The City recognized the property owners need to develop his land for uses that might be more profitable and immediate than industrial development. To accomplish this zoning pattern, the City amended the Comprehensive Plan because the CI-1 zone fulfills the policy goal behind the construction of Mormon Trek Boulevard extended, which 2 was to provide a location within the city, sheltered from incompatible uses, for intensive commercial and industrial development. Retail commercial zoning was not considered as it was seen as a likely impediment to industrial development within the area. The applicant, James Davis, is now requesting that his property be rezoned from CI-1 to Community Commercial (CC-2). The applicant states that the purpose for this request stems from changes made to the CI-1 zone in the newly adopted 2006 Iowa City Zoning Code, namely the elimination of eating/drinking establishments and medical offices as possible uses. ANALYSIS Current Zoning: The Intensive Commercial (CI-1) is designed to provide areas for businesses that are land-intensive or light industrial in nature. These businesses characteristically require space for outdoor storage and display of merchandise. Typical uses in the CI-1 zone include vehicle sales and repair; technical/light and general manufacturing; warehousing and industrial service uses. CI-1 zone uses are generally not compatible with residential and less-intensive zones. Consequently, CI-1 zones are typically located within major commercial areas to provide adequate vehicular access, but are ideally shielded visually, geographically, or topographically from less-intensive zones. In most locations CI-1land is relatively more affordable to firms wishing to locate in the city when compared to CC-2 zoned land where retail businesses are willing to pay more for land. Requested Zoning: The purpose of the CC-2 zone is to provide major business districts in areas which can serve a significant segment of the total community population. CC-2 businesses are typically large traffic-generators which require access from major thoroughfares. CC-2 zones are developed as retail shopping centers or stand alone retail, restaurant or personal service, medical offices, banks and related businesses. These uses are relatively more compatible with less-intensive zones than the CI-1 zone. Typically CC-2 locations reflect this general compatibility as they are easily accessible from residential zones. Compliance with Comprehensive Plan: The Comprehensive Plan and its land use and economic development chapters support the continuation of the existing CI-1 zoning of this property. Recently, the City has rezoned several acres of land in the vicinity of the Waterfront Drive Hy-Vee, Boyrum Street, Gilbert Street, and north of the Airport from CI-1 to CC-2. Although appropriate for their locations and consistent with South District Plan, these rezonings have reduced the amount of available CI-1 property in the city. The availability of land is a concern noted in the Comprehensive Plan, particularly for industrial uses. The Plan states, "There is currently a shortage of land zoned and available for manufacturing and light industrial uses (p. 27)." It is important that the City maintain an adequate supply of both CI-1 and 1-1 land as the Plan makes clear when it states, "The availability of land which is appropriately located, is zoned properly, land is ready for development is central to the City's continued economic vitality (p. 27)." The economic development chapter specifically identifies the area southwest of the airport as appropriate for industrial type development due to its access to the airport and the Interstate highway system via Highway 1 and 218. This is one of the reasons that the City chose to invest over $7 million in public funds to construct the extension of Mormon Trek Boulevard and to zone this land CI-1 with plans to zone the adjacent land to the east 1-1 upon annexation. Land zoned for CI-1 and 1-1 development generally sells for less than land zoned CC-2 and it takes longer for industrial parks to fully develo'p. So there is often pressure to rezone land from CI-1 and 1-1 to CC-2 so that property owners may realize immediate profit. In this location much of the value of this land is derived from the street access that was made available when the City constructed Mormon Trek Boulevard to open an area for industrial development. 3 When considering the request to rezone this land to CC-2 thought should not only be given to displacing CI-1 zoning and potentially impeding future industrial development in this area, but consideration should also be given to whether this is an appropriate location for CC-2 zoning. The Comprehensive Plan specifically states that new commercial development should be targeted at existing core areas or neighborhood commercial centers. It states, "[The City should] encourage commercial activity to take place in existing core areas or neighborhood commercial centers [and] discourage the proliferation of new major commercial areas. (p. 41)" The Plan also notes that linear-commercial strip development should be discouraged. Existing Community Commercial areas include development along Riverside Drive, Highway 1, Highway 6, Pepperwood Plaza, 1st Avenue, Sycamore Mall, and Gilbert Street along with smaller retail areas on North Dodge Street, Mormon Trek Boulevard, and a newly developing area at the corner of Scott Boulevard and Rochester Avenue. One of the reasons for this policy of concentrating retail commercial in existing areas is so that new areas along the fringe of the community do not dilute the existing market. In other words, it is not wise to add more retail commercial areas than the market can absorb. Rather than attracting new businesses, such a diluted market will result instead in competition for and relocation of existing businesses among too many shopping areas, with no area being completely successful. Additionally, the Plan states that it would not be prudent of the City to create new large commercial centers, but does suggest that future growth may require smaller centers to develop. However, these new commercial centers should be proposed only for locations where: "old and new development can be served most efficiently with the least vehicle trip distance, the commercial development has the least negative impact on the neighborhood, and vehicular and pedestrian traffic is sufficient to support commercial entities" (p.29). The South Central District Plan states that the subject area provides opportunities for large lot development and is suitable for intensive commercial uses with extensive outdoor storage needs. (p. 24)" The subject property provides an ideal location for CI-1 property. It is shielded from less-intensive zones by the airport to the north, Highway 1 to the west, and is compatible with the planned industrial area to the east. If this requested rezoning is approved staff is concerned that additional requests for CC-2 zoning will result in a strip commercial development and will erode the planned industrial development in this area. It is clear that the requested zoning does not comply with the Comprehensive Plan. If this rezoning is to be approved, a Comprehensive Plan amendment would be necessary and consideration should be given not only to this property but to the land use and economic development policies for the entire area south of the airport. Compatibility with neighborhood: The subject property is surrounded by the Airport to the north and Highway Commercial (CH-1) development to the south and west owned by the applicant. The CH-1 zone is designed to allow service uses relating to expressways or along arterial streets. This zone allows for food, lodging, motor vehicle service, and fuel to be easily accessible to these roadway users. According to the South Central District Future Land Use Scenario map, the property immediately east of the subject property is a planned industrial/manufacturing area. As discussed above the City's motivation to invest in the construction of Mormon Trek Boulevard was to encourage industrial development in this area. PIP Printing is in the process of constructing a production plant at the intersection of Mormon Trek Boulevard and Grace Drive within the area requested for rezoning. If the CC-2 zone is approved PIP Printing's use of the property would be nonconforming and would not be able to expand or be rebuilt if substantially destroyed. In Staff's opinion, the requested CC-2 zone would not be compatible with surrounding uses. 4 The CI-1 zone provides an appropriate transition between the highly visible CH-1 to the west and the planned industrial area to the east. The CC-2 zone, although not necessarily incompatible with the CH-1 zone, is less compatible with the negative externalities stemming from industrial and manufacturing uses and perhaps more importantly may lead to further requests to rezone additional land for retail rather than intensive commercial and industrial development. Summary: The City has received a number of applications to rezone property from CI-1 to CC-2. Due to these requests and their subsequent approval, the amount of available CI-1 zoned land has decreased. The Comprehensive Plan notes the difficulty many firms experience finding appropriately zoned land in Iowa City. It is important to the city's economic diversity to maintain an adequate supply of CI-1 land and areas for future industrial development. The applicant points out that there are uses allowed in the previous CI-1 code which are no longer allowed under the current code. The uses removed from the CI-1 zone were primarily eating and drinking establishments and medical/dental offices. Staff does not find this to be an adequate justification for the requested rezoning. The applicant owns land west of Mormon Trek that is zoned CH-1, and property southwest of the Highway 1/ Highway 218 interchange zoned CC-2 and CO-1 that will allow these uses. STAFF RECOMMENDATION Staff recommends that REZ06-00021, an application to rezone 17.75 acres of land generally located east of Mormon Trek Boulevard and west of Dane Road, be denied. Attachments: 1. Location Map 2. Applicant's Statement Approved by: ~~~ Robert Miklo, Senior Planner, Department of Planning and Community Development S;PCD/Slaff ReportsIREZ06-00021 CI-1Io CC-2 I I CITY OF IOWA CITY ~ '.' \\ I \ \.. ~/--.// C 1 ~~~~ CI1 ! , , C01 CI1 " R~ ,<-' u :: -: ~ OPD/CI1 ~ , - SITE LOCATION: JJR Davis Subdivision REZ06-00021 Statements as to Zoning Change 1. Our original intent for the land was to be zoned for commercial, retail, restaurants and office use. Because the City has recently changed CI-l zoning to exclude certain uses previously accepted before Jan 06 zoning ordinance change. This has hurt the leasing and pre-leasing opportunities by several people either currently building or wanting to build. 2. The CC-2 zoning still allows Provisional use for light and general manufacturing. 3. There is substantial CI-l already along Hi-way One (12 acres vacant east of old Menards) and more possibly planned on Mormon Trek on Airport Ground once Mormon Trek is completed. 4. PUBLIC BENNIFIT A. Always a benefit when a property is used in its highest and best use. B. We currently have a number of buyers that need CC-2 zoning not CI-l zoning, if we can accommodate them construction could begin this year. This would provide tax dollars that would help pay for the 5 to 7 million dollars spent by Iowa City on the new Mormon Trek expansion. Currently we have no new buildings on the drawing board needing specifically CI-l. "-0 0 co c:::> '.J"", >r-\ J:>.'" .:-"\".. ~. ,-.,.--- Il " - (.~ . ~ -. I =IC', N /,.-'.. Tl _............\ -0 ITi ..--, --r"' ::t< "'oj 0:.::: --- /'. .r::- ~ ); en // ~ Prepared by: Julie Tallman, Development Regulations Specialist, 410 E. Washington St., Iowa City, IA 52240356-5132 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, CHAPTER 5, ARTICLE J, FLOOD PLAIN MANAGEMENT ORDINANCE TO ADOPT THE RE.FORMATTED FLOOD INSURANCE RATE MAP. WHEREAS, Iowa City will be receiving an updated Flood Insurance Rate Map (FIRM) to arrive by February 2007; and . WHEREAS, Iowa City must formally adopted the new FIRM as part of its floodplain management ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT 14-5J-2A is hereby amended as follows: Repeal 14-5J-2A. Application Of Provisions: The regulations within this article apply to all lands and uses that have significant flood hazards. The "Johnson County, Iowa, And Incorporated Areas Flood Insurance Rate Map", dated August 20, 2002, and any future revisions thereto, shall be used to identify such flood hazard areas. All areas shown thereon located within the boundaries of the 1 DO-year flood event are considered to have significant flood hazards. Where uncertainty exists with respect to the precise location of the 1 DO-year flood boundary, the location will be determined on the basis of the 1 DO-year flood elevation at the particular site in question. It shall be the responsibility of the property owner to obtain the accurate ground elevation information for comparison with the 1 DO-year flood elevation. The "Johnson County, Iowa And Incorporated Areas Flood Insurance Study", as amended; is hereby adopted by reference and is made a part of this article for the purpose of administering floodplain management regulations. Where 1 DO-year flood data has not been provided in the flood insurance study, the Iowa Department of Natural Resources or its successor shall be contacted to compute such data, or the city engineer shall compute such data. And replace with 14-5J-2A. Application Of Provisions: The regulations within this article apply to all lands and uses that have significant flood hazards. The "Johnson County, Iowa, And Incorporated Areas Flood Insurance Rate Map", dated February 16, 2007, shall be used to identify such flood hazard areas. All areas shown thereon located within the boundaries of the 1 DO-year flood event are considered to have significant flood hazards. Where uncertainty exists with respect to the precise location of the 1 DO-year flood boundary, the location will be determined on the basis of the 1 DO-year flood elevation at the particular site in question. It sl)all be the responsibility of the property owner to obtain the accurate ground elevation information for comparison with the 100-year flood elevation. The "Johnson County, Iowa And Incorporated Areas Flood Insurance Study", as amended, is hereby adopted by reference and is made a part of this article for the purpose of administering floodplain management regulations. Where 1 DO-year flood data has not been provided in the flood insurance study, the Iowa Department of Natural Resources or its successor shall be contacted to compute such data, or the city engineer shall compute such data. 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, as provided by law. Passed and approved this _ day of ,20_. MAYOR _.~-~".~---~.~--'_.- ---. -'~-"-- "-"'~--''''-''-----~-----"~-----'-'~'-- / / ATTEST: CITY CLERK APprOVe~ CityAttomey'S~~ Wpdatalhisbldglordlfinndoc , /;7/"? Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef .Wilbum First Consideration 1 17,/7nn7 Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published ~"""'- CITY OF IOWA CITY MEMO TO: Planning and Zoning Commission FROM: Julie Tallman DATE: 17 January 2007 RE: Digitized Flood Insurance Rate Maps In September 2005, the Federal Emergency Management Agency (FEMA) issued an amended Flood Insurance Study (FIS) report and Flood Insurance Rate Map (FIRM) for Johnson County. The amended FIS and FIRM will be distributed in digital files for use in a computer mapping system. Paper copies of the FIRM ("panels") will still be available. The new digital format resulted in new panel numbers and an updated effective date for those panels. There is no change to the underlying boundaries of Special Flood Hazard Areas (SFHAs). The City of Iowa City is required to formally adopt the new FIRMs by their effective date of 16 February 2007. The proposed ordinance amendment will read as follows: 14-5J-2A. Application Of Provisions: The regulations within this article apply to all lands and uses that have significant flood hazards. The "Johnson County, Iowa, And Incorporated Areas Flood Insurance Rate Map",. dated Februarv 16.2007, shall be used to identify such flood hazard areas. All areas shown thereon located within the boundaries of the 1 DO-year flood event are considered to have significant flood hazards. Where uncertainty exists with respect to the precise location of the 1 DO-year flood boundary, the location will be determined on the basis of the 1 DO-year flood elevation at the particular site in question. It shall be the responsibility of the property owner to obtain the accurate ground elevation information for comparison with the 1 DO-year flood elevation. The "Johnson County, Iowa And Incorporated Areas Flood Insurance Study", as amended, is hereby adopted by reference and Is made a part of this article for the purpose of administering floodplain management regulations. Where 1 DO-year flood data has not been provided in the flood insurance study, the Iowa Department of Natural Resources or its successor shall be contacted to compute such data, or the city engineer shall compute such data. -' '4,.j Deleted: dated August 20, 2002, and future revisions thereto tIfI~ C, ~ Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00025) ORDINANCE NO. 07-4248 . ORDINANCE AMENDING THE PLANNED DEVELOPMENT OVERLAY PLAN FOR THE PENINSULA NEIGHBORHOOD. WHEREAS, by Ordinance No. 01-3958 the City adopted a Conditional Zoning Agreement and Preliminary Planned Development Overlay Plan for the Peninsula Neighborhood; and WHEREAS, the Planned Development Overlay Plan included the Peninsula Neighborhood Code which specifies building placement requirements for the Peninsula Neighborhood; and WHEREAS, The developer has requested amendments to the Planned Development Overlay Plan for the Peninsula Neighborhood to eliminate McCleary Lane and the adjacent 12 lots and replace them with 3 singie family lots and 5-townhouse/rowhouse style dwellings, transfer lots 99-115 from Phase 5 to Phase 2a, revise building placement standards for Bungalows, add Bungalow locations to the OPD plan, adopt building placement standards for Multiple-Unit Buildings for oullots 0 and U, designate lot 68 for the location of 4-live work units, remove the shared driveway from lots 54 and 55, remove lot 7a and add the property to the adjacent lots and move the Required Street Building Line (setback) for lots 99-109 from 7 feet to 12 feet. WHEREAS, the Planning and Zoning Commission has reviewed the revised Peninsula Neighborhood Code and Planned Development Overlay Plan and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The revised Planned Development Overlay Plan is hereby adopted for the property described below: That part of Auditor's Parcel No. 95080 and all of Auditor's Parcel No. 97099, .Iowa City, Johnson County, Iowa described as follows: Commencing as a point of reference at the South quarter-corner of Section 4, Township 79 North, Range 6 West of the 5th P.M.; thence North 1039'04" West 1317.54 feet along the East line of the Southwest Quarter of said Section 4 (assumed bearing for this description only); thence South 89043'51" West 563.04 feet along the South line of Government Lot 5 of said Section 4, to a Northeasterly corner of said Auditor's Parcel No. 97099 and the point of beginning; thence South 0016'09" East 159.36 feet along an Easterly line of said Auditor's Parcel No. 97099; thence South 45057'40" West 191.63 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 85052'55" West 170.28 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 42017'10" West . 607.44 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 81042'52" West 978.15 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence North 49044'00" West 704.00 feet; thence North 15034'30" West 615.50 feet; thence North 1014'00" West 372.58 feet; Thence North 8012'00" East 329.35 feet to a point of intersection with the Easterly bank of the Iowa River and a Westerly line of said Auditor's Parcel No. 95080; thence North 57004'00" East 772.76 along a Northwesterly line of said Auditor's Parcel No. 95080; thence South 65032'14" East 972.25 feet along a Northeasterly line of said Auditor's Parcel No. 95080; thence North 76018'18" East 468.47 feet along a Northerly line of said Auditor's Parcel No. 95080; thence South 1039'04" East 981.65 feet along an Easterly line of said Auditor's Parcel No. 95080 and an Easterly line of said Auditor's Parcel No. 97099; thence North 89043'51" East 330.00 feet along a Northerly line of said Auditor's Parcel No. 97099 to the point of beginning and containing an area of 82.1 acres more or less. SECTION II. ADOPTION OF REVISED DEVELOPMENT CODE. The revised Peninsula Neighborhood code is hereby adopted as a component of the Planned Development Overlay (OPD) Plan by this reference, and the terms and requirements therefore are given full force and effect as if fully set forth herein. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance, a copy of the Preliminary OPD Plan, and a copy of the Peninsula. Development Code, and record the same in the 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 by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. 07-474R Page 2 SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Wd:~U:m:Of January, 2007 MAYOR ATTEST: ))~~u/:f =Ij~ CITY ERK Approved by ~~ 'z/2:-7! ~ ppdadm'ordfpeninsuIa2.doc Ordinance No. 07-4741\ Page ---L- It was moved by Bailey and seconded by as read be adopted. and upon roll call there were: Correia that the Ordinance AYES: NAYS: ABSENT: J( x J( J( x Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn J( J( First Consideration 1/9/2007 Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef ,Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration ----------------- Vote for passage: Date pUblished 1/1]/7007 Moved by Bailey, seconded by Vanderhoef, that the rule requiring ordinances tob~onsidered 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: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: None. ABSENT: None. . ,~-"-~-~----------_.._-~--"-------~_.,----_._.,...._------,-_._-_..__.~--"--- _.,-_._------------_.~ ~ ~ Marian Karr From: Kevin Morrow [kevin@thepeninsulaneighborhood.com] Sent: Wednesday, January 10, 2007 9:38 AM To: .City Council Subject: Request for expedited consideration on Peninsula Neighborhood items. Dear City Council Members, I am writing to request that the council consider expediting the current proposed amendments to the Overlay Plan for the Peninsula Neighborhood Development and the release of the common drive easement shared by Peninsula Neighborhood Lots 54 & 55. Given that there has been no objections from the public on these items, and since there is a local builder, Gary Frakes Construction, who is interested in starting construction on "bungalow" houses as quickly as possible (the Bungalow being one of the residential house types within the amendment currently under consideration by the council) I hope that an expedited consideration on these items will be possible. Please call or email me if you have any questions. My mobile # is 319-631-3280. Thank you for your time. Sincerely, Kevin Morrow Project Manager Peninsula Development Company 1/10/2007 NI-'j 'J f Prepared by: Susan Dulek, Ass'!. City Attorney, 410 E. Washington Street, Iowa City,IA 52240; 319-356-5030 ORDINANCE NO. 07-4249 ORDINANCE AMENDING TITLE 4, ENTITLED, "ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED, "PROHIBITIONS AND RESTRICTIONS," SECTION 4, ENTITLED, "REGULATION OF PERSONS UNDER LEGAL AGE" TO PROVIDE THAT SECOND AND SUBSEQUENT OFFENSE VIOLATIONS MAY BE BASED ON A PRIOR CONVICTION UNDER AN ORDINANCE FROM ANOTHER CITY OR COUNTY IN IOWA. WHEREAS, Section 4-5-4A2e of the City Code presently provides enhanced penalties for second and subsequent convictions for possession of alcohol under the legal age (PAULA) if the first offense is based on either the City Ordinance or the PAULA provision in state law, section 123.47 of the Code of Iowa; WHEREAS, the ordinance should be amended to provide that the prior conviction, for purposes of enhancement, may also be based on a violation of an ordinance of another city or county in Iowa if it substantially corresponds either to section 123.47 of the Code of Iowa or the City ordinance; and WHEREAS, it is in the public interest to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 4 entitled "Regulation of Persons under Legal Age," Subsection A2 is amended by deleting Paragraph e in its entirety and substituting the following new Paragraph e: In determining if a violation charged is a second or subsequent offense, conviction for violation of this section, section 123.47 of the Code of Iowa, or an ordinance of any city or county in the State of Iowa that substantially corresponds to this section or section 123.47 of the Code of Iowa shall be counted as previous offenses. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 take effect upon publication. approved this 23rd day of Januarv U~ ,2007. MAYOR ,/ ATTEST: rh...,~ 1(. ~ CiTYCLERK Approved by ~ t J_r t-a" City Attorney's Office sue/ord&resIPAULA ORDLocaLdoc Ordinance No. 07-4249 Page ~ It was moved by Vanderhoef and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: J( J( x Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn x J( x X First Consideration l/Q /?007 Vote for passage: AYES: Vanderhoef, O'Donnell. NAYS: None. Second Consideration -------------___ Vote for passage: Bailev that the Ordinance Wilburn, Bailey, Champion, Correia, Elliott, ABSENT: None. Date published 1/31/2007 Moved by Vanderhoef, seconded by Bailey, that the rule and voted on for passage at two Council meetings prior finally passed be suspended, the second consideration be voted upon for final passage at this time. AYES: Elliott, O'Donnell, Vanderhoef. NAYSt.None. ABSENT: ----------~._-'------_._._-_._---_._.~-------~--- requlrlng ordinances to be considere, to the meeting at which it is to be and vote be waived and the ordinance Wilburn, Bailey, Champion, Correia, None..