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Home My WebLink About2007-12-11 Ordinance /v\k u I. '~~} '\, Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REl07-00015) ORDINANCE NO. 07-429') AN ORDINANCE AMENDING A PREVIOUSLY APPROVED SENSITIVE AREAS DEVELOPMENT PLAN AND REZONING OF APPROXIMATELY 10.41 ACRES OF PROPERTY LOCATED EAST OF HIGHWAY 218 AND SOUTH OF MELROSE AVENUE WHEREAS, Dav-Ed Limited and Prime Ventures Construction Inc. have applied for amending a previously approved Sensitive Areas Development Plan and Rezoning of approximately 10.41 acres of property; and WHEREAS, said property is located on the east of Highway 218 and south of Melrose Avenue; and WHEREAS, in February 2006, a waiver from the subdivision regulation of maximum street length of a cul-de-sac street to minimize the disturbance of the sensitive areas on the property was also approved and therefore, a sensitive area overlay rezoning was required; and WHEREAS, per Sensitive Areas Ordinance (14-51) a sensitive areas development plan was approved showing delineation of all the regulated environmentally sensitive features on the property including regulated slopes and their associated buffers, woodlands and wooded groves, and construction area limit lines on lots 8 through 15 and lots 17 though 22 to provide adequate protection to the sensitive areas; and WHEREAS, the applicants have now applied for amending the construction area limit lines on lots 8,9, 12, 15 and 19 through 22 to allow for additional developable areas on the said lots; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed amendments, has heard public input, and has determined that amendments are generally consistent with the Code and in the interest of public, provided measures are taken to ensure long-term stability of the impacted slopes and their associated buffers, minimize soil erosion, improve the woodlands, and compliance with construction area limits; and WHEREAS, the Planning and Zoning Commission has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL The proposed amendments to said Sensitive Areas Development Plan for the property zoned as Sensitive Areas Overlay/Low Density Single-Family Residential Zone (OSAlRS-5) and described below, is hereby approved: BEGINNING AT THE NORTHWEST CORNER OF LOT 64 OF GALWAY HILLS SUBDIVISION - PART THREE IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 37 AT PAGE 268 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N4r13'15"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF PRIMARY ROAD NO. 218, DISTANCE OF 463.34 FEET; THENCE N41031'43"W, ALONG SAID EASTERLY WEST RIGHT-OF-WAY LINE, 162.11 FEET; THENCE N43021'50"W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 189.34 FEET; THENCE N30016'13''W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 365.14 FEET; THENCE N25031'06'W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 180.67 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF MELROSE AVENUE; THENCE N88008'02"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 387.90 FEET; THENCE N84047'00"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 121.65 FEET; THENCE N5r15'00"E, ALONG SAID SOUTHERLY RIGHT -OF- WAY LINE, 34.44 FEET, TO A POINT ON THE WESTERLY LINE OF GALWAY HILLS SUBDIVISION - PART TWO, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 35 AT PAGE 269 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S32047'55"E, ALONG SAID WESTERLY LINE, 206.73 FEET; THENCE S21037'22"E, ALONG SAID WESTERLY LINE, Ordinance No. () 7 -l! ? 9 <; Page 2 542.61 FEET; THENCE S13040'39"E, ALONG SAID WESTERLY LINE, 85.91 FEET; THENCE S42041'26'W, ALONG SAID WESTERLY LINE, 50.00 FEET; THENCE SOUTHEASTERLY, 112.56 FEET, ALONG SAID WESTERLY LINE ON A 179.64 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 110.73 FOOT CHORD BEARS S65015'35"E; THENCE S06047'23"W, ALONG SAID WESTERLY LINE, 155.65 FEET, TO A POINT ON THE NORTHERLY LINE OF LOT 64 OF SAID GALWAY HILLS SUBDIVISION - PART THREE; THENCE S42041'26"W, ALONG SAID NORTHERLY LINE, 54.27 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 10.41 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. COMPLIANCE MEASURES. Per Sensitive Areas Ordinance (14-51-5), approval of the Sensitive Areas Development Plan is subject to provisions and restriction set forth in said plan and legal papers, and in this instance, shall also include compliance with the following: 1. Slopes - Maintaining a consistent grade from building lots into outlots and avoiding "overfalls" from lots onto the steep slopes on the construction limits and outlots 2. Soil quality - Amending the soil on each lot with compost and avoid compaction to create a healthy soil structure that can absorb a large amount of water, decreasing the erosion potential and impact on critical slopes 3. Timber improvements - Removing invasive species and weed trees to open up the forest canopy to allow for regeneration of desirable trees, and light to the forest floor 4. Planting native woodland grasses and flowers in the understory to prevent soil erosion 5. Storm water management - Treating storm water at the lot level with infiltration based practices to reduce erosion and improve water quality, for example, rain gardens can infiltrate and treat rain from roofs, decrease the amount of direct water flow onto the steep slopes and ravine 6. Temporary construction fencing shall be put in place along the construction area limit lines prior to development of the individual lots. Confirmation that these conditions have been adhered to, shall be provided at the time of issuance of building permit, construction run-off permit, and certificate of occupancy. Any development activity at variance with the approved plan and/or associated legal papers shall be deemed a violation of these regulations and subject to any enforcement action and penalties allowed according to article 14-7-C "Penalties and Enforcement". SECTION III. 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 IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance and the associated Preliminary Sensitive Areas Development Plan, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Preliminary Sensitive Areas Development Plan 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 V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 11 th'day of December gCIW~ , 20..QL. ATTEST: )n/f~ .r~ ,-, Approved by ~ If /11(07 pcd/staff reports/ord/REZ07 -00015.doc Ordinance No. 07-4295 Page 2- It was moved by Vanderhoef and seconded by O'Donnell as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn x X X x x X X First Consideration 11 /27/2007 Vote for passage: AYES: Wilburn, NAYS: None. ABSENT: Elliott. Second Consideration ------------- Vote for passage: Bailey, Champion, Correia, O'Donnell, Vanderhoef. Date published 12/ 19/2007 Moved by Vanderhoef, seconded.by Champion, that the rule requ1r1ng 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: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott. NAYS: None. ABSENT: None. F. James Bradley Byron G. Riley Michael K. Denney Patrick M. Courtney Donald G. Thompson Kelly R. Baier Gregory J. Seyler Dean A. Spina Joseph E. Schmall Bradley G. Hart William J. Neppl William T. McCartan Maureen G. Kenney Vernon P. Squires Timothy J. Hill Paul D. Burns Michael J. Pugh Janice J. Kerkove Nancy A. Woad Shannon P. Thompson r:;::- 6 Kevin C. Papp a Laura C. Mueller Kimberly H. Blankenship Sarah E. Swartzendruber Matthew S. Carstens Tyler G. Olson Joseph W. Younker Jessica A. Dora Natalie K. Ditmars BRADLEY & RILEY PC ATTORNEYS AND COUNSELORS CEDAR RAPIDS - lOW A CITY WEBSITE ADDRESS: www.bradleyriley.com TOWER PLACE ONE SOUTH GILBERT STREET IOWA CITY, IA 52240.3914 E.MAIL ADDRESS: mpugh(c:~.bradle'yTiley.com TELEPHONE: 319-466.1511 FAX: 319.358.5560 DIRECT DIAL: 319.358.5562 November 28, 2007 r--" , } f-'~) c-:".:) {=::........ ~.......J ....0-:.::.-- II r'"0 !",-[:) Ms. Marian K. Karr, City Clerk City oflowa City, Iowa 410 East Washington Street Iowa City, IA 52240 -, i-j ~..._, ,,-_..~j ):;~ r'<) 1"",.) RE: Zoning Application REZ07-00015 Dear Ms. Karr: At its November 27,2007 meeting, the City Council approved the above-referenced rezoning application by an unanimous vote of 6-0. During the public hearing, no one spoke in opposition to the proposed rezoning. This was the first reading of this ordinance. On behalf of the applicant, Prime Ventures Construction, Inc., we respectfully request that the City Council condense the second and third readings of this ordinance at the next regularly scheduled City Council meeting. Thank you in advance for your attention to this matter. Very truly yours, ftt;4::;~/;JL Michael J. Pugh V MJP/dab ,-,-: P c...]) {00502876.DOC} I\A~D 'Y ... Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 07-47gfi ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 8, ENTITLED "POLICE CITIZEN REVIEW BOARD," TO MAKE THE PROVISIONS OF THE POLICE CITIZENS REVIEW BOARD IN THE CITY CODE CONSISTENT WITH THE CITY'S HOME RULE CHARTER. WHEREAS, Section 8-8 of the City Code provides for a Police Citizens Review Board; WHEREAS, a majority of voters at the election on November 6, 2007 voted to amend Article V of the City's Home Rule Charter to require a permanent Police Citizens Review Board; WHEREAS, the City Code should be consistent with the City's Home Rule Charter; and WHEREAS, it is in the best interest of the City to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 8, entitled "Police Regulations," Chapter 8, entitled "Police Citizens Review Board," Section 1, entitled "Creation of Police Citizens Review Board," is amended by deleting Section 1 in its entirety and adding the following new Section 1 in lieu thereof: As permitted under Iowa's home rule authority and as required by the City's Home Rule Charter, the City creates a Police Citizens Review Board (hereinafter "board"), subject to the duties and limited powers set forth herein. 2. Title 8, entitled "Police Regulations," Chapter 8, entitled "Police Citizens Review Board," Section 2, entitled "Intent, Goals and Guiding Principles," Subsection 0 is amended by deleting Subsection 0 and adding the following new Subsection 0 in lieu thereof: The board shall hold at least one community forum each year for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City Police Department, review police practices, procedures, and written policies as those practices and procedures relate to the police department's performance as a whole, and report their recommendations, if any, to the city council, city manager and police chief 3. Title 8, entitled "Police Regulations," Chapter 8, entitled "Police Citizens Review Board," Section 7, entitled "Duties of Board; Complaint Review and General Duties," Subsection B is amended by deleting Paragraph 1e and adding the following new Paragraph 1e in lieu thereof: Perform its own investigation with the authority to subpoena witnesses. 4. Title 8, entitled "Police Regulations," Chapter 8, entitled "Police Citizens Review Board," Section 7, entitled "Duties of Board; Complaint Review and General Duties," Subsection C is amended by deleting Paragraph 3 and adding the following new Paragraph 3 in lieu thereof: In addition to the annual report, the board shall report to the city council, from time to time, on police practices, procedures and policies, including recommended changes, if appropriate, and hold at least one community forum each year for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City Police Department 5. Title 8, entitled "Police Regulations," Chapter 8, entitled "Police Citizens Review Board," Section 8, entitled "Board Composition; Limited Powers of Board," Subsection B is amended by deleting Paragraph 3 and adding the following new Paragraph 3 in lieu thereof: The board has no power to review police officer personnel records or disciplinary matter except to the extent such matters are made public by the city attorney or are the subject of an enforceable subpoena. 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 be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 11 th day of December ,2007. ~h.I L J.Qt M~OR ' - ATTEST: /J7cz~~ <- ~ CITY CLERK Approved by ~~ l(-~O-o~ City Attorney's Office Ordinance No. 07-4296 Page ~ It was moved by Bailey and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x First Consideration 11/27/2007 Vote for passage: AYES: Bailey, NAYS: None. ABSENT: Second Consideration ---------- Vote for passage: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Date published 12/19/2007 Vanderhoef that the Ordinance Champion, Correia, O'Donnell, Vanderhoef, Wilburn. Elliott 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: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn~,J~~iley. NAYS: None. ABSENT: Ndne.