Loading...
HomeMy WebLinkAbout1977-08-02 OrdinanceI__ . _. _.. _. _. • ORDINANCE NO. 77-2850 • AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R1A and R3A to R1B and R3A ZONES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of R3A zone and the boundaries of R1B zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the follow- ing property, to -wit: Commencing at the Southeast corner of Section 12, T79N, R6W of the 5th P.M.; thence N 00' 02' 19" E, 1093.25 feet on the east line of said Section 12; thence N 000 02' 19" E, 33.00 feet; thence N 890 57' 41" W, 258.00 feet along to the point of beginning; thence N 891 57' 41" W', 164.80 feet; thence north- westerly on a 403.18 foot radius curve, concave northeasterly, the chord of which curve bears N 85° 16' 20" W, 65:92 feet; thence N 000 02' 19" E, 188.35'; thence S 89° 57' 41" E, 230.50 feet; thence S 000.02' 19" W, 193.75 feet to the point of beginning. land rezone the following described property from R1A to R3A, to. -wit: Commencing at the southeast corner of Section' 12, T79N, R6W of the 5th P.M.; thence N 00° 02' 19" E, 1093.25 feet, on the east line of said Section 12; thence N 00° 02' 19" E, 226.75 feet to the point of beginning; thence N 890 57' 41" W, 258.00 feet; thence N 241 52' 00" W, 145.00 feet; thence N Z30 25' 56" E, 110.98 feet; thence N 000 02' 19" E, 120.00 feet; thence S 89° 57' 41" E, 275.00' feet; thence S 00° 02' 19" W, 353.37 feet to the point of beginning. 3.3y3 Ordinance No. 77-2850 Page 2 and rezone the following described property from RIA to RIB, to -wit: Commencing at the Southeast corner of Section 12, T79N, R6W of the 5th P.M.; thence NO°02'19"E, 1093.25 feet on the east line of said Section 12, to the point of beginning; thence N89157141"W, 422.80 Peet; thence northwesterly, 163.02 feet on a 436.18 foot radius curve concave northeasterly, to the northeast corner of lot 66 in Court Hill Scott Boulevard Addition Part 3, an addition to the City of Iowa City, Iowa; thence N 2.1°27'30"E, 66.00 feet on the east line of said Part 3; thence northwesterly, 145.39 feet on a 370.18 foot radius curve concave northeasterly, on the northerly line of said Part 3; thence N46°02'16"W, 185.50 feet on the northerly line of said Part 3; thence northwesterly 215.22 feet on a 449.46 foot radius curve concave southwesterly to the southeast corner of Lot 48 in said part 3; thence N11047108"E, 165.17 feet to the northeast corner of.Lot 48 in said Part 3;.thence S89°14'00"1, 33.22 feet on the north line of said Part 3; thence N0010'59"E, 307.98 feet to the south line of oakwoods Addition Part 6, an addition to the City of Iowa City, !Iowa; thence S89055117"E, 305.00 feet on the south jline of said Part 6; thence SO°10'59"W, 61.00 feet; thence S16003'27"E, 60.47 feet; thence S5402010011E, 375.00 feet; thence S89057141"E, 120.00 feet; thence N0002119"E, 39.78 feet; thence N89016123"E, 250.02 feet to the east line of section 12, T79N, R6W; thence S0002119"W1 580.12 feet, on the east line of Section 12, to the point of beginning. Said tract of land containing 13.10 acres, except that.part lying.in fhe-north .30.acres of the Northeast quarter Southeast quarter 12-79-6 and also excepting the following tracts: Commencing at the Southeast corner of Section 12, T79N, RW of the 5th P.M.; thence N00002'19"E, 1093.25 feet on the east line of said Section 12; thence N00002' 19"E, 33.00 feet; thence N89°57'41"W, 258.00 feet along to the point of beginning; thence N89°57141"14, 164.80 feet; thence northwesterly on a 403.18 foot radius curve, concave northeasterly, the chord of which curve bears N85016 120"W, 65.92 feet; thence N00°02'19"E, 188.35'; thence S89°57141"E, 230.50,feet; thence S00' 02'19"W, •193.75 feet to the point of beginning. Ordinance No. 77-2850 Page 3 Commencing at the southeast corner of Section 12, T79N, R6W of the 5th P.M.; thence N00002'19"E, 1093.25 feet, on the east line of said Section 12; thence N00°02119"E, 226.75 feet to the point of beginning; thence N89057'41"W, 258.00 feet; thence N24°52100"W, 145.00 feet; thence N23025'56"E, 110.98 feet; thence N00°02'19"E, 120.00 feet; thence S89057141"E, 275.00 feet; thence S00°02'19"W, 35.3_.3.7_ feet to the point of beginning. as requested by Plum Grove Acres, Inc. (Court [dill; Scott Blvd., Add. P5) Section 2. 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 as provided by law. Section 3. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance to the County Recorder of Johnson County, Iowa, upon final passage, approval and publication as provided by law. It was moved by Selzer and seconded by Perret that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: BALMER x dePROSSE x FOSTER x NEUMAUSER x PERREP x SELZER x VEVERA x -- _Passed and approved this 2nd day of August n 1979 ATTEST: 911JG1 Cl U d�LI CITY CLERK MAYOR First Consideration 4/5/77 Vote for Passage: Balmer, Foster, Neuhauser, Perret, Selzer, Vevera: Ayes Nays: none. Absent: deProsse Second Consideration 4/12/77 Vote for Passage: Ayes: Perret, Selzer, Vevera, Balmer, deProsse, Foster, Neuhauser. Nays: none. Absent: none. Date of Publication F., �I Jt^i, ' ''U is 45.S�r��j6 QK ORDINANCE N0. 77-2851 AN ORDINA PROVIDING FOR THE ESTABLISHMOOF A UNIFORM ADMINISTRATLVE PROCEDURE FOR THE ENFORCE- MENT OF VARIOUS MUNICIPAL ORDINANCES. SECTION I. The purpose of this ordinance is to pro- vide uniformity among the various administrative pro- cedures for the enforcement of municipal codes and ordinances so as to promote greater utilization of administrative remedies by the public and the City of Iowa City. SECTION 2. A. The provisions of this ordinance and all rights and remedies contained herein shall apply only to the enforcement of those ordinances which specifically adopt this procedure. B. The term "Agency" as used in this ordinance. shall mean any person or municipal governmental en- tity designated by ordinance to render a final deter- mination as to any matter brought before it, SECTION 3. A. Whenever an instance arises whereinn a municipal officer, agent or employee determines that there are reasonable grounds to believe that there has been a violation of a municipal ordinance, he/she may give a notice and order of such alleged violation to the person(s) responsible therefor as hereinafter provided. B. The notice and order shall: (1) be in writing, (2) include a statement of the factual circumstances relating to the condition at issue, (3) include a reference to the particular sections of the ordi- nance involved, (4) allow a specific time for the performance of any act to remedy the existing sit- uation, (5) be delivered either by personal service or sent by certified mail, return receipt requested, (6) include a statement that any person affected by said notice may request, and shall be granted, a hearing before the commission or appeals board which has jurisdiction over the matter asserted. The notice shall further state that failure to request a hearing within ten (10) days of service or mailing of a notice or order shall constitute a waiver of the right to a hearing and that said notice shall become a final determination and order. SECTION 4. A. Any person affected by any action, interpretation, notice or order which has been issued in connection with the enforcement of an or- dinance as above may request, and shall be granted, a hearing on the matter before the agency having jurisdiction thereof, provided that in instances where a notice or order was served or mailed pur- suant to this ordinance, such request must be in the form of a written petition and must be filed with the City Clerk within ten (10) days of the date the notice was served or mailed. Any petition so filed shall state the particular section of the ordinance involved and a brief statement of grounds upon which said appeal is taken. Failure to request a hearing within ten (10) days of service or mailing of a -2 - notice oder shall constitute a waiver• the right to a hearing, and the notice or order shall become a final determination and order. B. Upon receipt of a timely filed petition, the City shall set a time and place for such hearing and shall give written notification thereof. Noti- fication shall be given either through personal service or by certified mail, return receipt reques� ted. The notice shall include a statement of the time, place and nature of the hearing and the body before whom the hearing is to take place. C. If the petitioner fails to appear at such hear- ing, the agency may proceed with the hearing and make a decision in the absence of the party. SECTION 5. The hearing shall be commenced not later than sixty (60) days after the date on which the petition was filed; however this time may be exten- ded for a reasonable period by the agencv. After commencement of the appeal, informal disposition of the matter may be made by any method agreed upon by the parties in writing. SECTION 6. A. The hearing shall be open to the public and shall be recorded either by mechanical means or by certified shorthand reporter. Oppor- tunity shall be afforded all parties to respond and present evidence and argument on all issues invol- ved. Parties may represent themselves or may be represented by an attorney-at-law. B. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. A finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the con- duct of their serious affairs, and may be based upon such evidence even if it would be inadmissible in a court of law. Agencies shall give effect to the rules of privilege recognized by law. Objec- tions to evidentiary offers may be made and shall be noted in the record. Subject to these require- ments, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, o,y part of the evidence may be required to be submitted in verified written form. C. Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original, if available. D. Witnesses at the hearing, or available per- sons whose testimony has been submitted in written form shall be subject to cross-examination by any party as necessary for a full and true disclosure of the facts. E. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence. F. The presiding officer of such agency shall conduct the hearing and have power to administer oaths. The agency may cause subpoenas to be issued 0 -3 • for such witnesses and the production of such books and papers as either party may designate, The sub- poenas may be signed by the presiding officer of said agency. G. No hearing shall be valid unless a majority of the agency is present and no decision at a hear- ing shall be valid and binding unless reached by a majority of all members of the agency. H. An appeal pursuant to this section shall not stay the effect of a notice or order under the emer- gency provisions of this ordinance unless so ordered by the agency. SECTION 7. Upon submission of all evidence and at the conclusion of the hearing, the agency shall render a decision based upon the record. This de- cision may be made immediately after the conclusion of the hearing or within a reasonable time there- after. The agency may affirm, modify or reverse any action, interpretation, notice or order which has been issued in connection with the enforcement of an ordinance. Following the decision of the agency, all parties shall be notified of the deci- sion by personal service or by certified mail, return receipt requested. Any party to the hearing, including the City, may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state. SECTION 8. Notwithstanding any provision stated in this chapter, whenever, in the judgment of the muni, cipal officer, agent or employee an emergency exists creating a dangerous and imminent health or safety hazard to persons, property or the general public which requires immediate action, he/she shall order such action as may be necessary to meet the emer- gency. Any orders issued pursuant to this section shall be effective immediately or in the time and manner prescribed in the order itself. SECTION 9. Should any property owner affected by any notice or order issued pursuant to this chapter fail to perform an action required by said notice or order, the City, where otherwise allowed by law, may perform the required action and assess the costs against the property involved. Before the assessment of any charges for work done or caused to be done by the City, the owner of the property proposed to be assessed shall be provided written notice and opportunity for hearing before the City Council. Said notice shall be sent by certified mail, return receipt requested, shall set forth the amount proposed to be assessed, and include a statement of the time, place and date of hearing. SECTION 10. A. The City Manager is hereby author- ized to designate a municipal employee to act as secretary for each respective agency. Said secre- tary shall be a non-voting member of the agency and shall be responsible for the following: I� 1 -4- (1) Mai.ntnce of all records pertaining9the business of the agency; (2), Preparation of appro- priate orders for consideration of the agency; (3) Service of all notifications required of the agency. B. The record of any appeal shall include; (1) All notices, petitions and orders; (2) All evi- dence received or considered and all other sub- missions; (3) All offers of proof, objections and rulings thereon; (4) All findings and exceptions; (5) Any decision, opinion or report of the agency, SECTION 11. If any section, provision or part of the Ordinance shall be adjudged to be invalid or un- constitutional, 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 12. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 2nd day of August , 1977, w1" C. ' to U_dst MA Y C. EUHAUSER, MAYOR ATTEST:d TLFUS, C CLERK It was moved by Perret and seconded by Balmer that the ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer _ x deProsse x_ Foster X Neuhauser X Perret X Selzer x Vevera First Consideration 7/12/77 Vote for passage: yes: Perret, balmFr, deProsse, Foster, Neuhauser. Nays: Selzer, Vevera. Second Consideration 7/26/77 Vote for passage: Ayes: eu auser, Perret, Vevera, Balmer, deProsse. Nays: none. Absent: Foster, Date of Publication Selzer. RECEIVED & APPRNEil BY TBE LEGAL DEPARTMENT Ui.�l�-�n+IJL