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HomeMy WebLinkAbout2007-02-06 Ordinance ff(Pb Prepared by: Mitchel T. Behr, Ass!. City Attomey, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 06-4245, WHICH AMENDS CERTAIN SPECIFIC PROVISIONS WITHIN TITLE 14, ZONING CODE, CHAPTER 2, BASE ZONES; CHAPTER 3, OVERLAY ZONES; CHAPTER 4, USE REGULATIONS; CHAPTER 5, SITE DEVELOPMENT STANDARDS; CHAPTER 7, ADMINISTRATION; CHAPTER 8, REVIEW AND APPROVAL PROCEDURES; CHAPTER 9, DEFINITIONS. WHEREAS, Ordinance No. 06-4245, was passed and approved by the City Council on December 12, 2006 ; WHEREAS, said Ordinance No. 06-4245 contains thirty-three amendments to certain provisions within Title 14, Zoning Code, Chapter 2 Base Zones, Chapter 3 Overlay Zones, Chapter 4 Use Regulations, Chapter 5 Site Development Standards, Chapter 7 Administration, Chapter 8 Review and Approval Procedures, and Chapter 9 Definitions; WHEREAS, certain incorrect references within Ordinance No. 06-4245 to specific sections and subsections enumerated within the Zoning Code result in the deletion of certain provisions within the Zoning Code that were not meant to be affected in any way; WHEREAS, said provisions relate to illumination requirements for signs; cross references to the application of the multi-family site development standards to General Education Facilities and Religious/Private Group Assembly uses in residential zones and the central planning district; CN-1, CB-5 and CB-10 Zone site development standards for buildings that are fifty feet (50') or less in width; and penalties for the violation of the Zoning Code; and WHEREAS, to amend the Zoning Code as intended, said incorrect references within Ordinance No. - 6-4245 to specific enumerated sections and subsections within the Zoning Code should be corrected. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA: SECTION I. Ordinance No, 06-4245, passed and approved by the City Council December 12, 2006, is hereby amended as follows: A. Reference to Section "14-5B-4" in the portion of Amendment #7 deleting said section is hereby replaced with "subsections 14-5B-4A, 4B, 4C and 4D", B. Reference to "14-4B-4D-9" in the portion of Amendment #10 deleting said paragraph is hereby replaced with "subparagraphs 14-4B-4D-9a,b,c,d,e and ", C. Reference to "14-4B-4D-14" in the portion of Amendment #11 deleting said paragraph is hereby replaced with "subparagraphs 14-4B-4D-14a,b,c,d,e and ". D. Reference to subsection "14-2C-7M" in the portion of Amendment #30 deleting said subsection is hereby replaced with "paragraphs 14-2C-7M-1 and 2". E. Reference to subsection "14-2C-8M" in the portion of Amendment #30 deleting said subsection is hereby replaced with "paragraph 14-2C-8M-1". F. Reference to subsection "14-7C-5A" in the portion of Amendment #31 deleting said subsection is hereby replaced with "paragraph 14-7C-5A-1", SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this _ day of ,20_. MAYOR ATTEST: CITY CLERK z!;/tJ7 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 2/6/2007 Vote for passage; AYES: Bailey, Champion. Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Second Consideration Vote for passage; Date published ~ 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 invaiid 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 pubiication, as provided by law. Passed and approved this _ day of , 20_. MAYOR ATTEST: CITY CLERK 1Z./-Gr6~ Wpdata/ppdadminiord/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 ? /fil?nn7 Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Date published b d Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. 07-420;0 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). (REZ06-00021) 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 11 and III. SECTION 11. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION 111. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION 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 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. Passed and approved this ..fiJ;h. day of F p h Tn ~ TY ~U~ MAYOR --- ATTEST: Approved by , 20-1lL... Approved By ~~ Z/~7 . City A orney's Office ~ Drew E. Westberg, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356- 30 REZONING 17.75 ACRES OF lAND LOCATED EAST OF EAGLE VIEW DRIVE AND GRACE DRIVE FROM INTENSIVE 1) TO OFFICE C MERCIAL (CO-1). (REZ06-00021) WHEREAS, the app' ant, James Davis, has requested a rezoning of propert ocated between Eagle View Drive and Grace Driv rom Intensive Commercial (CI-1) to Office Commer lal (CO-1) to construct an office park east of Mormon Tr Boulevard Extended; and WHEREAS, the Planning an Zoning Commission has found that the C -1 zone is intended to provide specific areas where office function compatible businesses, apartments, nd certain public and semipublic uses may be developed in accordanc ith the Comprehensive Plan; an WHEREAS, the Planning and Zoni Commission has found an ice park as compatible with current and proposed adjacent uses; and WHEREAS, the Planning and Zoning C at PIP Printing will be a conforming use within the CO-1 zone; and WHEREAS, the Planning and Zoning C found that the proposed rezoning is in compliance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Com recommended approval of the proposed rezoning; and WHEREAS, the Iowa City City Council concurs the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY. THE CI COUNCiL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The property described belo is hereby reel as . ied from its current zoning classification of Intensive Commercial (CI-1) to Office Com rcial (CO-1) and is he by approved: JJR Davis parts II and III. SECTION II. REPEALER. All ordi nces and parts of ordinanc in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. any section, provision or part of the rdinance shall be adjudged to be invalid or unconstitutional, such a udication shall not affect the validity of e Ordinance as a whole or any section, provision or part thereof ot adjudged invalid or unconstitutional. SECTION IV. EFFECTIV DATE. This Ordinance shall be in effect after I final passage, approval and publication, as provided by I Passed and approve his...6..th.. day of F~hrllary ,20--D..L.-. ORDINANCE NO. 07 4?'i0 ATTEST: n/)!!:o W G. Wpdata/ppdadmin/ordl REZ06-00021 MonnonTrek.doc Ordinance No. 07-4250 Page ~ It was moved by Vanderhoef and seconded by as read be adopted, and upon roll call there were: Bailey that the Ordinance AYES: NAYS: ABSENT: x X Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn y x X X x First Consideration 1/21/2007 Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef ,Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration ----------------- Vote for passage: Date published 2/14/7007 Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be consider 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: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. To: City Clerk ofIowa City From: David Lawrence; Larsen Subject: Rezoning of Plat 2, 3 & 4 JJR Davis Subdivision Iowa City, Iowa Date: January 25, 2007 To Whom It May Concern: On behalf of the applicant James Davis and the Other Property Owners, this is our request to expedite the considered rezoning of the above mentioned subdivisions from CI-I to CO-I. It is our request to consolidate the )"P.Atlil1gll by the City to as few readings as possible. We request the last reading to be February 6, 2007. y:ou fo your consideration ;,~ David Lawrence; Larsen o >r\ "1::;.--- C2 <: J> ::;-; c=1 ~ ~ TI f" C.Tl Ti r:? c.,) o~ / N'W~,...., ~ Prepared by: Julie Tallman, Development Regulations Specialist, 410 E, Washington St., Iowa City, IA 52240356-5132 ORDINANCE NO, 07-42';1 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 100-year flood event are considered to have significant flood hazards. Where uncertainty exists with respect to the precise location of the 100-year flood boundary, the location will be determined on the basis of the 1 OO-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 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 100-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 100-year flood event are considered to have significant flood hazards. Where uncertainty exists with respect to the precise location of the 100-year flood boundary, the location will be determined on the basis of the 100-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 100-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. GZro(:~~ MAYOR February ,20..QL, ............. ATTEST: ~~:...J .,t.=J;<4J CITY RK APprove~ .~~ City Attorney's attic i . Wpdata/hisbldglord/fmn.doc , t7/c1? Ordinance No. 07-42';] Page -L- It was moved by BAiley and seconded by as read be adopted, and upon roll call there were: Vanderhoef that the Ordinance AYES: NAYS: ABSENT: x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn 1{ x x y First Consideration 1/??,I?nn7 Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration -------------------- Vote for passage: Date published 2/14/2007 Moved by Bailey, seconded by Vanderhoef, that the rule requiring ordinances to be considere< 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:O'Donnell, Vanderhoef, Wilburn, Bailey , Champion, Correia, Elliott. NAYS: None. ABSENT: None. --,...,-~--_.._~------_.- ._..~----_._._---" ---- --------~_.._--------_._._,-_._._---..__.._,._-..._-,._-----_._._'-----_..~.._--_._,_._---,_.,---- .- --..--"--~--_.._--------_..__._-------._. -