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HomeMy WebLinkAbout1989-11-14 Ordinance' ORDINANCE NQ I ' AN ORDINANCE TO CHANGE THE NAME OF DYNEVOR , S, CIRCLE TO LITTLE CREEK LANE. WHEREAS, the owners of the Ty'n Cee Subdivisions have requested that the name of Dynevor Circle, planed In Ty'n Coe Subdivisions, Part Three and FNe,'be changed to Little Creek . Lane; and . WHEREAS, Little Creek Lane is not a name used on any Other street in Iowa City.. NOW,THEREFORE, BE IT ORDAINED BY THE CITY' COUNCIL OF THE CITY OF IOWA CITY, IOWA; + SECTION I. NAME CHANGE, That the name of the public.; _ street, Dynevor Circle, dedicated to the City of Iowa City with < .< the subdivision of Ty'n Cee Subdivisions, Part Three and Five, be changed to LMIO Creek Lane.'-. SECTION II. RECORDATION. . The Cit„ Clerk Is hereby author@etl and directed to tartly a copy Of this ordinance to 1 '+ the County Recorder of Johnson County, Iowa,'. upon goal passage and publication of this ordinance as provided by law. ; +' SECTION IIL REPEALER; All ordinances and1 parts r ordinances In Conflict with the provisions of this ordinance are c it hereby repealed. , SECTION N. SEVERABILITY;- If any section, provision or part-' - of the Ordinance shall be adjudged to be Invalid_ or unconstitu. ) � Clonal, such adjudication shall not affect the 'velidly, of the Ordinance as a whole or any section; provision or thereof + part not adjudged Invalid or un IT ituliona1. i^ SECTION V. EFFECTNEDATE: This Ordinance shall be In effect eller, its final passage, approval and publication as required by law. i a ly-..'•` - Passed end approved this 4 , 1 1 17 1 MAYOR. N f 17 'ATTEST:: CITY CLERK -. Approved as to Form Oel ✓-/ re—gal I yy r I ' _...,�. /9s/ " I j ., ORDINANCE NO. 89-3437 . '. AN ORDINANCE TO VACATE THE EASTERLY TEN FEET OF LINN STREET BETWEEN HARRISON STREET AND RALSTON CREEK AND THE SOUTHERLY TEN FEET OF HARRISON STREET BETWEEN MAIDEN LANE AND LINN STREET. WHEREAS, the City wishes to enhance the development potential of a Cly -owned parcel of land at the southeast comer I of the Intersection of Harrison and Unn Streets; and f WHEREAS, Harrison and Unn Streets are 80 -foot rights-of- way; and WHEREAS, there are no utilities In the easterly ten feet of i the Linn Street right-of-way or the southerly ten feet of the - Harrison Street right-of-way; and — WHEREAS, the City does not anticipate widening the paving of either street and therefore has no need for the ten feet of I . right-of-way In question. -. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. That the following -described right- „ of -way Is hereby vacated: '. The east ten feet of the Unn Street right-of-way between - Harrison Street and Ralston Creek and the south ten feet j ! of the Harrison Street right-of-way between Linn Street and :. ... - '—.Maiden lane. _. _.. _... .-. SECTION If. RECORDATION. The City Clerk is hereby. I ` authorized and directed to. certify and record this ordinance at the Office of the Johnson County Recorder, -BECTON III. REPFALEq. All ordinances' and pans of I, ordinances In convict with the provisions of this Ordinance are l� hereby repealed.::> JI < :-., ii ��•.. SECT -ION N. SEVERABILITY, If any section, provision or part SEWN of shall be adjudged to be Invalid or unconstitutional. such adiudicatinn shall not Ae.m rh. IWu , , AT EST:all C C RK Larson x— McDonald First Consideration 10/24/89 i Vote for passage: Ayes: Larson, McDonald, Ambrisco, _. Balmer, Courtney, Horowitz, Kubby. Nays: None. Absent: j None. Second Consideration -- I Vote for passage: h 1 1 <(.Y.C(r Date published e q) Moved by Balmer, seconded by Courtney, that the rule requiring ordinances to be considered and A° voted on for passage at two Council meetings - ^ 1 71 prior to'thn:meeting at which it is to be finally i passed be suspended, the second consideration and vote be waived .and 'the ordinance be .voted upon t _.. �..�...r. .eY .! .!.., Y ... for passage at this time. Ayes: Horowitz, Kubby, Larson McDonald 'Ambrisco :Balmer ,Courtne Nays: None. Absent: None. Y 1 1 <(.Y.C(r i 7� � { .. • '. ; ��:. �.�.�•+�,WOYpAiiYS,IW�LIb:Vis«VUNYwauuuw+ru..��-...��_._.L. ....�.. ...�. .-_.. t _.. �..�...r. .eY .! Y f Y ORDINANCE N0. 8 9- 3 4 3 8 AN ORDINANCE AMENDING THE CONDITIONAL ZONING ' AGREEMENT BETWEEN PLUM GROVE ACRES, INC. AND THE CITY OF IOWA CITY FOR THE SUBDIVISION KNOWN AS FIRST AND ROCHESTER, PART THREE. ° WHEREAS, by Ordinance No. 88-3372, the City of Iowa City ! - rezoned property owned by Plum Grove Acres, Inc. on the condition that the Issuance of building permits be limited to 27 residences until secondary access was provided; and WHEREAS, First. and Rochester, Part Three, a subdivision In Iowa City of the said property owned by Plum Grove Acres, Inc. was approved May 17, 1988, for 27 lots, consistent with the agreement; and WHEREAS, two of those lots were subsequently legally split and developed contrary to the intent of the agreement, but In - I compliance with the language of the agreement; and t WHEREAS, two of the originally Subdivided lots remain undeveloped andthe owners of these lots will be denied f building permits in accordance with the aforementioned l I agreement; and I WHEREAS, the City Council has determined, based on the Erecommendation of the Planning and Zoning Commission, that the two remaining lots may be developed without jeopardizing the public safety or welfare. : Ij - - - NOW. THEREFORE, BE IT ORDAINED BY. THE CITY - - it COUNCIL OF THE CITY OF IOWA CITY, IOWA: l SECTION LAMENDMENT: That the Mayor Is authorized to i sign and the City Clerk to attest the attached. agreement �1I j marked Exhibit A,' which. will amend the Conditional Zoning �I r Agreement dated April 19, 1988. I SECTION IL RECORDATION. The City Clerk Is hereby - ' directed to record this ordinance and the attached agreement at the Office of the Johnson County Recorder: � . SECTION III. REPEALER.. All ordinances and parts of ordinances In conflict we provisions of this Ordinance are hereby repealed: .:,. with the SECTION IV. SEVERABILfTV. If any section, provision or part of the Ordinance shall � be adjudged . to be Invalid or i =�, •j, . unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section: provision or part l �• thereof not adjudged Invalid or unconstitutional SECTION V. EFFECTNE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 14th day of Nov- ' ber, 1989. { AYOR ATTEST: ,`•;,i� CITY CIERK Approved as t Form Legal Department f r It was moved by Balmer and seconded by Horowitz that the Ordinance as read be a opte and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Balmer x Courtney x Horowitz x Kubby , .. x Larson tic x McDonald ^' First Consideration ------------- Vote for passage: % Second Consideration 10/24/89 I Vote for passage: Ayes: Horowitz, Larson, McDonald, !' Ambrisco; Balmer. Nays: Courtney, Kubby. Absent: ' None. :; lit r Date published 11/22%89 r ` r Moved by Balmer, seconded by, Ambrisco,' that the rule r` 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 firstconsideration' and vote be waived and the ordinance be. given second consideration at this time. Ayes: Balmer, I - Courtney, Horowitz, Kubby, Larson, McDonald, Ambrisco. I i Nays: None. Absent: None.- 1 ct ,l .. .. 1 11 ! I t F, u'rf , . iii A r 11 1, , • s �, EXHIBIT A is } AMENDED CONDITIONAL ZONING AGREEMENT s This Agreement is made between the City of Iowa City, Iowa ("City"); Plum Grove Acres, i Inc., an Iowa corporation ("Developer"); and the Developer's successors and assigns in interest } ("Successors"). WHEREAS, Developer originally owned a tract of land located in the northeast part of Iowa City, Iowa, and containing 18.43 acres more or less, legally described as follows: Commencing at the Southwest Corner of the Southwest Quarter of Section 1, i� Township 79 North, Range6 West of the Fifth Principal Meridian; Thence N00°01'00"W, ;660.00 feet; Thence N89°35'03"E, 1,297.55 feet; Thence i 11 11 f N00.43'22"W, 263.95 feet; Thence 589.43'16"E, 302.29 feet to the Northeast Corner of Lot 73 of First and Rochester, Part.Two and the Point of Beginning; Thence N00.25'11"E, 287.94 feet; Thence' N88°05'46"E, 187.87,feet; Thence N01.22'58"E, 112.41 feet; Thence N88 -26'44"E, 175.00 feet; Thence S00°00'00'E, 399.07 feet; Thence SOB 00'00"E, 315.29 feet; Thence i S11.39'36W, ', 251.82 feet; Thence'' S05°00'00"E, 254.63 feet; ,Thence I S11 °30'00"W, 162,53 feet; Thence Southeasterly 35.25 feet, along a 385.53 foot radius curve, concave Northeasterly, whose 35.23 foot chord bears S81.07'09"E; (. i Thence S06.15'43'W,.277.70 feet;.Thence S89.04'1T'W, 170.00 feet; ,Thence N04.5526"W, '12.25 feet; 'Thence S88.54'34'W, 474.00' feet;Thence I ' N00.05'48"W, 83.75 feet to the.Southeast Corner of Lot 53 of said Part Two; Thence N09.22'53"E, 242.84 feet along the Easterly Une of said Part Two; Thence N18.35'00"E;' 356.00 feet along the Easterly Une of said Part Two; Thence N04.15'00"E, 321.25 feet along the Easterly Line of said Part. Two; Thence N25.38'14"E,' 261.75 feet along the . Easteriy, Une of said Part. Two; Thence N00.25'1I"E, 23.47 feet along the Easterly Une of said Part Two to the Point of Beginning. WHEREAS, Developer and City agreed in the Conditional Zoning Agreement, dated April 19, 1988, to limit the number of residences in this 18.43 acre tract, due to lack of available { secondary access and the commensurate safety concerns flowing therefrom. } . i 2 i WHEREAS, the subsequent Subdivision of the above property, known as First and acheater, Part Three, originally contained twenty-seven (27) lots, which have since been split; id I WHEREAS, at least two (2) lots now remain which are not buildable by reason of the i for Conditional Zoning Agreement; and i WHEREAS, it is the intent of the parties hereto, to permit construction of the remaining lots for single-family residences, and to limit the number of building permits and lots to no I� re than 29, in order to avoid any further confusion with respect to the original Conditionaf j ring Agreement and the subsequent subdivision. IT IS THEREFORE agreed as follows: Nr Developer and City acknowledge the original Conditional Zoning Agreement r discussed "27 residences" Instead of "27 lots; and this Amended Conditional Zoning ' '.Agreement is Intended to clarity any contusion resulting therefrom. j e 2. The original Conditional Zoning Agreement dated April 19, 1988, and recorded In the Johnson County Recorder's Office,Book 1053, Page 213, shall be and hereby is " amended upon authorization by the City and execution by City, Developer and Successors. 1 f r 4 i f J ' to i public of these restrictions. 5. City acknowledges that although 27 building permits have now been Issued, that two more lots remain which are, but for the original Conditional Zoning Agreement, otherwise I c, l r lawfully buildable. I 6. Developer and its Successors agree and acknowledge that in no event shall the ,` total numberof lots in the above property exceed twenty-nine (29) In total; and that in the ; event the number of lots should exceed 29, the City shall lawfully and for good safety reasons refuse to Issue any further building permits as herein specifically agreed, and as required by public safety. 7. Parties agree that upon authorization and execution of this Amended Agreement, that the City shall record it In the Johnson County's Office which shall constitute notice to the public of these restrictions. c, public of these restrictions. 9 8. Parties agree that this Amended Conditional Zoning Agreement shall be deemed to be a covenant running with the title to the land; shall bind the successors and assigns in Interest of the parties herein; that this Amended Agreement shall supersede any private restrictions or covenants on the land; and that without further recitation, this Amended Agreement shall remain in force and effect as a covenant running with the title to the land, until released in writing and of record by the parties. I 9. Developer agrees that In the event title has already passed from Developer to 771 any subsequent purchasers, that these subsequent purchasers shall be deemed the It j l . s 1, t' l 9 8. Parties agree that this Amended Conditional Zoning Agreement shall be deemed to be a covenant running with the title to the land; shall bind the successors and assigns in Interest of the parties herein; that this Amended Agreement shall supersede any private restrictions or covenants on the land; and that without further recitation, this Amended Agreement shall remain in force and effect as a covenant running with the title to the land, until released in writing and of record by the parties. I 9. Developer agrees that In the event title has already passed from Developer to 771 any subsequent purchasers, that these subsequent purchasers shall be deemed the It j s 1, , r/7 , ❑ at the said Bruce R. Glasgow and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and bythhixvoluntarily executed. Notary Publi n and for said County and State W g STATE OF IOWA ) SS: � JOHNSON COUNTY) 6 TOn this 14th day of November 1989 ,before me, Gina t He i ck a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, tome personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing Instrument is the corporate seal of the corporation, and that i the instrument was signed and sealed on behalf the ! of corporation, by authority of its City Council, as contained in (Ordinance) M0%00NNor4a4Jo. 89-3438 passed (ttt1uncilson the at(ppippp by the City Council, under Roll Call No. - of the City Council on the i' 14th day of November 19 89 , and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary I act and deed and the f voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa ) STATE OF IOWA ) SS: . JOHNSON COUNTY) :j On this 70th day Of —Otto6 r( A.D. 19 89 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Bruce R. uI Glasgow aBd to me personally known, who, being by me duly sworn, did say that 3h�ft 6 the President and respectively, of said corporation executing the within and foregoing Instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed #andxatl64 on behalf of(UMLseahMxedx*"aia,izAhexseaka(seid) said corporation authority of its Board of Directors and 4k by , ❑ at the said Bruce R. Glasgow and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and bythhixvoluntarily executed. Notary Publi n and for said County and State W ORDINANCE NO. 8 9 - 34 3 9 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY IN NORTHWEST IOWA CITY GENERALLY LOCATED NORTHEAST OF U.S. HIGHWAY 218 AND WEST OF CAMP CARDINAL ROAD FROM ID-ORP TO ID-RS. WHEREAS, portions of the area described below are presently zoned ID-ORP, Interim Development - Office and Research Park; and WHEREAS, topographical characteristics distinguish the area described below from properties also zoned ID-ORP and located immediately south of the subject area; and WHEREAS, these topographic distinctions are Important in terms of the ability to provide municipal sewer service to the disparate parts, and also In their ability to buffer Office and Research Park uses from Single4amly Residential uses; and WHEREAS, the subject area Is more appropriate for residential usesrather than office and research park uses; and WHEREAS, the ID-RS, Interim Development - Single -family Residential zoning designation Is appropriate for the subject area, and Is consistent with the land use policies for the total area described below, as set forth In the 1989 Update of the Iowa Clry Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:. SECTION I. ZONING AMENDMENT. That based on these considerations, the entire area described below, portions of ..:_which are presently zoned ID-ORP, are classified ID-RS: That part of Section 1, Township 79 North, Range 7 West; and that pan of Section 36, Township 88 North, Range 7 West lying within the existing Iowa City Cly: limits. 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 passage,. approval and publication of this ordinance as provided by. law..... SECTION III. CERTIFICATION AND RECORDING.. The City Clerk Is hereby authorized and directed to certify a. copy of this ordinance which shall be recorded at the Office of the County Recorder of Johnson County, Iowa 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 pan of a 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 unoonsthutlonal. SECTION M. EFFECTIVE DATE: This Ordinance shall be In _effect after its final passage;-approvaland publication as 'required by law. Passed and apPpProved this 14th day of Nov- em er, 19 IAYOR.,. d(L7.1 ATTEST:p�% CITYACrERK i I i i Appoed as to Fam \ Legal D�rtment 9--i*7-Gy �y5r i I 1 It was moved by and seconded by Horowitz that the ordinance as rea a adopte , and upon roll call there were: �� 1 AYES: NAYS: ABSENT: x Ambrisco x Balmer x_ Courtney x Horowitz x Kubby x_ Larson x_ McDonald First Consideration 10/17/89 Vote for passage: Ayes: McDonald, Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson. Nays: None. Absent: None. Second Consideration 10/24/89 �( r y ' Vote for passage: Ayes: Balmer, Courtney, Horowitz, �{ ` ' Kubby, Larson,; McDonald, Ambrisco. Nays:. None. Absent: 1 None. Datepublished 11/22%89 y T , t c azo � I fit, I , yaa If i r ( ; I r.: n (c) Provisional uses. (1) Grocery stores, including specialty food such as bakery and delicatessen goods, provided that the floor area of a grocery store shall not exceed ten (10) percent of the land area of the CN -1 zone In which the grocery store Is located (d) Special exceptions. (1) Child care facilities subject to the requirements of Sec. 3655.. (2) Drive-in facilities for financial Institutions. r ORDINANCENO. 89-3440 AN ORDINANCE TO AMEND CHAPTER 36.18, THE ZONING '( ORDINANCE REGULATIONS FOR THE NEIGHBORHOOD - COMMERCIAL, CN-1 ZONE, TO PERMIT OFFICE AND OTHER USES IN THE ZONE.. WHEREAS, the Neighborhood Commercial zone does not e. permit office uses, retail bakeries, U.S, postal stations, or I videotape rental stores; and WHEREAS, the City Council has determined that these uses are appropriate In the Neighborhood Commerical zone to most l the day-today needs of a fully developed residential j . neighborhood; and I e. WHEREAS, In the case of Olflce uses, it is deemed . i E appropriate to limit the size and location of orrice uses to - y. ensure their compatibility with the concept of a Neigborhood t Commercial zone as expressed In the imam section of the zone. NOW, THEREFORE, BE IT ORDAINED BY THE CIN COUNCIL OF THE CIN OF IOWA CIN, IOWA: i SECTION I. AMENDMENT. That Chapter 36,'TheZoning Ordlnance•, a the Code of Ordinances of the City of Iowa City -: - -� -- - Is hereby amended. by repealing Seaton 36.18 and Inserting the following in lieu thereof,• - I _ Sec. 36.18.'. Neighborhood Commercial Zone (CN-1). (a) Intent. The Neighborhood Commercial Zone (CN-1) Is I :� - Intended to permit the development of retell sales and '! personal services required to meat the day-to4ay pA needs of a fulldeveloped residential neighborhood, ' Stores, businesses and offices In this zone should be ' - useful to the majority of the neighborhood residents, r - - should be economically supportable by nearby population, and should not draw community-wide patronage. A grocery store or grocery store/drugstore combination Is favored as the principal tenant in a neighborhood commercial zone. In general, the CN-1} + Zone Is Intended for the grouping of a grocery store and smell retail businesses and office uses which are _ relatively nulsance4fee to surrounding residences and which do not detract from the residential purpose and `character of the surrounding neighborhood. The ` location and development of neighborhood commercial sites should follow the criteria set forth for such shes In ` the Comprehensive Plan. (b) Permitted uses: (1) Barber shops and beauty parlors, laundromats, and ' laundry and dry cleaning pick-up and delivery ' services. (2) Drugstores, florist shops and variety stores. (3) Financial Institutions, branch offices. (4) Retall bakery. (5) U.S. postal station. j (6) Videotape rental store. .. (c) Provisional uses. (1) Grocery stores, including specialty food such as bakery and delicatessen goods, provided that the floor area of a grocery store shall not exceed ten (10) percent of the land area of the CN -1 zone In which the grocery store Is located (d) Special exceptions. (1) Child care facilities subject to the requirements of Sec. 3655.. (2) Drive-in facilities for financial Institutions. r i i I a Ordinance No. 8 9- 3 4 4 0 .� Page 2 1 (3) Filling stations provided that no pan of the filling station site shall be located within 100 feet of an R _ zone boundary. 7.. (4) Offices In which no activity Is carried on catering to j ` retail trade with the general public and no stock of /9s6 goods Is maintained for sale to customers except f for those retell establishments specifically allowed - In this zone, provided that: a. No office establishment shall occupy more than 1800 square feet of floor area; b. The total floor area of all office uses within an G area zoned CN -1 shall not exceed fifteen (15) percent of the total floor area, either existing or proposed, in the zone (to determine the area zoned CN -1, any streets contained within the zone shall be disregarded); C. The location of the building In which the office _ Is located does not diminish convenient access to retail sales and personal service businesses. (5) Public utilities. (6) Religious Institutions. (7) Restaurants. (8). School •. specialized private Instruction. ' (e) Dimensional requirements. (1). Minimum lot area::.. None - (2) Minimum lot width: None t r (3). Mlnlmum lot frontage: None (4) Minimum yards '.. r j `" ` From 20 R i Side None Rear None (5) Maximum building bulk: - .., Height - .. 25 ft. Lot coverage - None Floor area ratio - 1 General Provisions: - All principal and accessory uses r, permitted. within. this zone are subject to. the r requirements of Articles III and N, the divisions and t sections of. which are Indicated as follows: �.� (1) Accessory uses and requirements. See Article IIL a. Permitted accessory uses and buildings. See Sec. 36,6. . b... Accessory uses and building regulations. See r . -. Sec. 36.57. ' a Off-street parking requirements. See Sec. 36- 58. d. Off-street loading requirements. See Sec. 36- 59. .. e. Sign regulations. See Sec. 36,0; f. Fence regulations. See Sec. 36,4, h r (2) General provisions. See Article IV.' R - a- Dimensional requirements.- See Division 1. b, lose regulations.- See Division 2. C. Performance standards, See Division 3. d." Non-confonnitles. See Division 4. (g) Special provisions: - (1) In no Instance shall an area zoned CN -1 be less than three (3) acres or more than seven M acres. existed on (2)_.196Z nexpandawithout mayus compliance wich ithythe dimensional requirements or the off-street parking requirements. i i I ib f. 1, 7.. - I i j /9s6 f f, Ordinance No. 89-3440 Page 3 SECTION IL REPEALER: All ordinances and pans of ordinances In conflict with therovisions of this Ordinance P n nce are - ' hereby repealed. - SECTION III. SEVERABILRY: If any section, provision or pan . 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 M EFFECTIVE DATE: This Ordinance shall be in i - effect atterits final passage, approval and publication as ... -'required by law. - Passed and approved this 14th day of Nov - em a r; 198 9 . !' ATTEST: //Irrr.. - CITY C RK.r....� Approved as to FormIII 1 I . ':. L at Department ..'_ . R` P9 4 1 1 1 1 5,r; 9 1 i 5H �„y Hlft� � Y �� �� l y l��t YJ t hY.. 1 r4 I y �� 4 i r t�� L z ' E .. f I'. ORDINANCE N0. 8 9- 3 4 4 1 AN ORDINANCE TO AMEND CHAPTER 30, THE ZONING ORDINANCE, TO DEFINE VARIETY STORES, WHEREAS, the Neighborhood Commercial Zone (CN -1), I o permits variety stores; and WHEREAS, the tens -variety store' is not presently dented In the Zoning Ordinance; and WHEREAS, application of the Zoning Ordinance should not rely on interpretation of the Code, to the sidem possible; and ,. WHEREAS, the definition of tarts lessens the erten to which the code Is Interpreted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Thad Chapter 36, 'Zoning Or- dinance', of the Code of Ordinances of the City of Iowa Cly, Iowa, Is hereby amended by adding subsection 36.4(v)(21) as follows: Variety store. An establishment engaged in the retail sale - of a variety of merchandise In the low to middle price ranges. These stores do not carry a complete line of merchandise, are not departmentalized, and do not deliver merchandise. These stores are distinguished from other similar stores listed in the 1987 Standard Industrial Clas• sKieatlon Manuel: Major Group 53 -General Merchandise �I - _.Stores. , SECTION II. REPEALER. All ordinances and parts of ordinan- ces in conflict with the provisions of this ordinance are hereby repealed. SECTION Ill. SEVERABILrM If ary section, provision or pen I of the Ordinance shall be adjudged to be Invalid or unconsttu- tional, such adjudication shed not affect the validity. o .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 to final passage, approval and publication as ' . required by law. Passedandappr ed this 14th day of Nov- o 0eT, 1989. I o _. __ It was moved by Ambrisco and seconded by Horowitz that the Ordinance as read e�bea opted, and upon roll call there w� ere: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz x Kubby -X— Larson x McDonald II First Consideration 10/17/89 Vote forassa e: P 9 Ayes: Balmer, Courtney, Horowitz, Kubby, Larson, McDonald, Ambrisco. Nays: None. Absent: None. Second Consideration 10/24/89 Vote for passage: Ayes: Horowitz, Kubby, Larson, 1 McDonald, Ambrisco, Balmer, Courtney. Nays: None. I{Ji _.'Absent: None.; Date published - 11/22/89 41f 1J% f i't ver :N1. t [4 ii �. 1. i /957 ; Y i' ORDINANCE N0. 89-3442 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 2602 ROCHESTER AVENUE FROM ID -RS TO RSZ. WHEREAS, the Comprehensive Plan for the City of Iowa City shows Residential land uses at a density of 2.8 dwelling units per acre In the area containing the subject property; and WHEREAS, a portion of the property described below Is presently zoned ID -RS, Interim Development - Singledamily Residential and a portion Is presently zoned RS -5, Low Density Single-family Residential; and WHEREAS, the ID Zone Is Intended to provide for areas of managed growth In which agricultural and other non -urban uses of land may continue, until such time as the City is able to provide municipal services and urban development can then take place; and WHEREAS, the property described below is Contiguous to existing development and municipal services may be cost- effectively extended to the property; and WHEREAS, the existing RS -5 zoning designation on a portion of the tract Is consistent with the land use policy for the subject property; and -- ,- WHEREAS, the subject property abuts other property zoned RS -5; and WHEREAS, the subject property. is characterized by terrain which Is moderately to steeply sloping; and - WHEREAS, due to the physical characteristics of the subject property, the she Is regarded as an environmentally sensitive area, and any residential development will Impact on these sensitive areas; and WHEREAS, it Is the policy of the City of Iowa City to preserve and protect environmentally sensitive areas, as stated In the Comprehensive Plan; and WHEREAS, the applicant has applied to rezone the entire parcel from RS -5, Low Density Single-family Residential Zone and ID -RS, Interim Development - Single-family Residential Zone to the RS -5 Zone; and WHEREAS, it is in the public Interest to preserve and protect the environmentally sensitive attributes of the subject property; and WHEREAS, limiting the number of lots on this property Is an appropriate way to protect the subject property; and WHEREAS, low densly single4amily residential uses are the most appropriate use for this area, and the Applicant has agreed to take measures to mitigate against degradation of this topographically sensitive area, and acknowledges one such measure is to limit the number of las to no more than eighteen (18) lots, to be used solely for single-family residential uses, in accordance with the terms and conditions of a Conditional Zoning Agreement, a copy of which Is attached hereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. ZONING AMENDMENT. Subject to the terms and conditions of the Conditional Zoning Agreement, the property described below is hereby reclassified from its present classification of ID -RS and RS -5 to RS -5: Commencing where the West line of the NES/. NW'/., Section 12, Township 79 North, Range 6 West of the 5th P.M., Intersects the comer line of Iowa Highway pi, also known as the Rochester Road; thence North along said West line 944 feet to the ■ ■ 1 , ( i 1 I i Is +j ■ ■ e , r" r.' Ordinance No. 89-3442 I. ..': Paget pX i" center of Creek running through said NE'/. NWy. of said Section 12, which point Is 322.7 feet South of the Northwest comer of said NEV- NW'IA said Section 12; thence bearing North 88°56' East along the center line i of said Creek 474 feet; thence South 4054' East 1356 feet to the center line of said Rochester Road, which j point bears South 55°58' East 711.5 feet from the point of beginning; thence Northwesterly along said center line of Rochester Road to the point M beginning, containing 13.7 acres, more or less. i SECTION IL ZONING MAP. The Building Inspector Is hereby i .authorized and directed to change the Zoning Map of the City of Iowa City,Iowa to conform to this amendment upon final 111 passage, approval and publication of this ordinance as j provided by law. ^ SECTION IIL CONDITIONAL ZONING AGREEMENT. The - ' Mayor is hereby authorized and directed to sign, and the City - Clerk to affest, the Conditional Zoning Agreement. SECTION N: REPEALER. All ordinances and pans of i. ordinances In conflict with the provisions of this Ordinance are hereby repee&d. - SECTION V. SEVERABILITY. If any section, provision or pan ` of the Ordinance shall be adjudged to be Invalid or unconsiitu- tional, such adjudication shall not affect the validity of the i ' ..._ .__.., ....Ordinance as a whole or any section, provision or part ,Ihereof .... not adjudged lnvalld or unconstitutional. ' SECTION Vi. EFFECTIVE DATE. This Ordinance shall be In effect after its final passage, approvalpublication as I .and required by law. -., .. ' ass�d and aDRr4Ypd this 14th day of 1 No em e 19tl9 AYOR r ATTEST: ]I CITY CL RK ..i ,.. .. ... .. APP oved as t orm eget Department r. N e , I. i Hmorisco, uaimer, Courtney, Horowitz. Nays: ;None. k Absent: None. r Date published 11/22/99 f Moved by Horowitz, seconded by.Ambrisco, 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 first consideration and vote be waived and the ordinance be given ` J CONDITIONAL ZONING AGREEMENT jThis Agreement is made between Smith -Moreland Properties, a General Partnership ("Smith - Moreland') and City of Iowa City, Iowa, a municipal corporation ("City'). : WHEREAS, Smith -Moreland is the owner of the following -described real estate located in Iowa City, Johnson County, Iowa: Commencing where the West line of the NEIA of the NW114, Section 12, Township 79 North, Range 6 Westof the 5th P.M., Intersects the center line of Iowa Highway #1, also known as the Rochester Road; thence North along said West line 944 feet to the center of Creek running through said NEIA of the NWY4 of said Section 12, which point is 322.7 feet South of the Northwest corner of said NEI/4 of the NWIA, said Section 12; thence bearing North 66°56' East along the - center line of said Creek 474 feet; thence South 4054' East 1356 feet to the - I - I center line of said Rochester Road, which point bears South 55056' East 711.5 { feet from the point of beginning; thence Northwesterly along said center line of Rochester Road to the point of beginning, containing 13.7 acres, more or less; and �I - WHEREAS a portion of the subject property Yis presently zoned ID -RS, Interim Development - �I•`- . Single -Family Residential, and a portion is presently zoned RS -5, Low Density Single -Family 4: Residential; and WHEREAS, Smith -Moreland has applied to rezone the entire subject property to RS -5, Low Density Single -Family Residential Zone; and WHEREAS, the subject property is meadow land and moderately to steeply sloping terrain, and is therefore regarded as an environmentally sensitive area; and i WHEREAS, Smith -Moreland has agreed to take measures to preserve and protect the subject property, and to mitigate against any undue degradation of the property; and WHEREAS, Smith -Moreland acknowledges that limiting the number of lots on the subject property to no more than 16 lots for singla•tamily residences is an appropriate way to protect the environmentally sensitive aspects of the subject property. ,., - , , ,• NOW, THEREFORE, in consideration of the mutual promises herein, City and Smith -Moreland agree as follows: 1. The above-described subject property is partially zoned ID -RS, Interim Development - Single -Family Residential, and a portion is presently zoned RS -5, Low Density Single- • .,, Family Residential 2 r 5 2, Smith -Moreland, as owner of the subject property, now requests the entire property be I, rezoned to RS -5, a low density, single family residential zone of the Iowa City Code of Zoning Ordinances. i i 3. City and Smith -Moreland acknowledge the RS -5 zone is consistent with the surrounding area, and is appropriate for the subject property. F! 4. City and Smith -Moreland acknowledge and agree the subject property is meadow land and moderately to steeply sloping terrain; and is thereby regarded as an environ- mentally sensitive area, as defined in the City's Comprehensive Plan. 5. City and Smith -Moreland acknowledge it is the City's policy to protect and preserve i environmentally sensitive areas, as also stated in the Comprehensive Pian. i• i 8. Parties acknowledge and agree the City may properly protect against adverse impacts which development may have on environmentally sensitive areas; and that limiting the number of single-family residential lots on the subject property Is in the public Interest, and is an appropriate and reasonable condition to. impose on the subject property as provided by law, Section 414,5, Iowa Code (1989), { 7, Smith -Moreland, together with its successors and assigns In Interest,hereby acknow- ledge and agree that in the event the subject property is divided, split or subdivided in any manner, the number of lots on the property herein shall In no event be more than 11, eighteen (18) lots; and that these eighteen lots shall be used solely for single-family h residences, without any further or later subdivision, resubdivision, lot splits or divisions to occur at any time. 8. City and Smith -Moreland acknowledge this Agreement shall inure to the benefit of the Parties' successors and assigns in interest, and shall bind all Parties' successors and assigns in interest. ` Parties also agree this Agreement shall be deemed to be a I covenant running with the land and with the title to the land; that the Agreement shall, upon execution, be recorded in the Johnson County Recorder's Office; and shall,' without further recitation, continue to be a' covenant on each portion of the subject property, until released of record by the City of Iowa City. 9. Nothing in this Agreement shall be construed to relieve Smith -Moreland from complying with all applicable local and state regulations, and Smith -Moreland acknowledges same. Dated this 14th day of November 1989. i { I 1 17 Attest' Marlon K Karr, City Clerk ' t STATE OF IOWA ) l SS-c(� . I f I1,� ,,�, . ; :, :• JOHNSON COUNTY f' On this 14th 'day of November '.19 89 before me 1 i Gina Heick a. Notary public in and for the State of Iowa, I I` 1 personally appeared John McDonald and Marian K: Karr, to, me personally known, and, who, being by me duly sworn, did say that. they are the Mayor and City Clerk, respectively, of the i., sa City of Iowa,City; Iowa; that the seal affixed to the foregoing Instrument is the corporate seal ' of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of Its City Council, as contained in (Ordinance) (Alfsraomor4 No. 89-3442 passed (U110?fiI3610N1tl1QR EUt1R(QtBbXby the City Council, under Roll Call No. ---- of the City'Councilion_the ° 14th `day of November 19 _, ­­andt John McDonald and Marian K Karr acknowledged the execution of the Instrument to be their. voluntary act and deed and the voluntary act and deed of the corporation, by 8 voluntarily executed. Rotary Public in and for the State of Iowa �.1 Legal Department ORDINANCE NO.8 9 - 34 4 3 t AN ORDINANCE TO VACATE A UTILITY EASEMENT IN t BLOCK 47, IOWA CITY, IOWA. t WHEREAS, the City has conveyed to Mercy Hospital the vacated portion of the east -west alley between Market Street ` and Bloomington Street, east of Gilbert Street; and _ WHEREAS, the vacated alley contained a 20 -foot utility easement; and WHEREAS, Mercy Hospital's building plans include relocating the sanitary sewer and storm sewers in the alley; and WHEREAS, a portion of the 2040ot utility easement will no longer be required after relocation of the sewers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. That the following-descrlbed utility . easement Is hereby vacated: Commencing at the southeast comer of Lot 3, Block 47 - of the Original Town of Iowa City Addition; thence easterly along the south lot line of Lot 2 of said Block 47, six feet to the point of beginning; thence continuing easterly along . the south lot line of Lot 2, 54 feet; thence south 20 feet to the north lot line of tat 7 of said Block 47; thence westerly. along the north lot line of Lot 7, 34 feet, thence north 45 -- - degrees west, 28.3 feet to the point of beginning.._,_ ... SECTION It. RECORDATION. - The City Clerk Is hereby - authorized and directed to certify and record this ordinance at the Office of the Johnson County Recorder. r SECTION III.- REPEALER. :'All. ordinances and parts' of ordinances In conflict with the provisions of this Ordinance are ' hereby repealed.. € SECTION IV. SEVERABILITY. If any section, provision or part - of the :Ordinance shall be adjudged;. to be Invalid or t ' . unconstitutional, such adjudication shall not affect the validity. of the Ordinance as a whole or any section, provision or pan thereof not adjudged Invalid or, unconstitutional. , ORDINANCE NO.8 9 - 34 4 3 t AN ORDINANCE TO VACATE A UTILITY EASEMENT IN t BLOCK 47, IOWA CITY, IOWA. t WHEREAS, the City has conveyed to Mercy Hospital the vacated portion of the east -west alley between Market Street ` and Bloomington Street, east of Gilbert Street; and _ WHEREAS, the vacated alley contained a 20 -foot utility easement; and WHEREAS, Mercy Hospital's building plans include relocating the sanitary sewer and storm sewers in the alley; and WHEREAS, a portion of the 2040ot utility easement will no longer be required after relocation of the sewers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. That the following-descrlbed utility . easement Is hereby vacated: Commencing at the southeast comer of Lot 3, Block 47 - of the Original Town of Iowa City Addition; thence easterly along the south lot line of Lot 2 of said Block 47, six feet to the point of beginning; thence continuing easterly along . the south lot line of Lot 2, 54 feet; thence south 20 feet to the north lot line of tat 7 of said Block 47; thence westerly. along the north lot line of Lot 7, 34 feet, thence north 45 -- - degrees west, 28.3 feet to the point of beginning.._,_ ... SECTION It. RECORDATION. - The City Clerk Is hereby - authorized and directed to certify and record this ordinance at the Office of the Johnson County Recorder. r SECTION III.- REPEALER. :'All. ordinances and parts' of ordinances In conflict with the provisions of this Ordinance are ' hereby repealed.. € SECTION IV. SEVERABILITY. If any section, provision or part - of the :Ordinance shall be adjudged;. to be Invalid or t ' . unconstitutional, such adjudication shall not affect the validity. of the Ordinance as a whole or any section, provision or pan thereof not adjudged Invalid or, unconstitutional. SECTION V. EFFECTIVE DATE.This Ordinance shall be In effect after 8s: final passage; approval and publication as e required by law. _ Passed d a roved this 14th da of Nov- > emb ,�9 r✓��. Y ATTEST: r) CITY CLERK It was moved by Balmer and seconded by Ambrisco that the Ordinance as reaAl a opte , and upon roll call there were: AYES: NAYS: ABSENT: % Ambrisco X Balmer x_ Courtney X Horowitz —1L Kubby X Larson _X— McDonald ° 'First Consideration ------------------ I Vote for passage: Second Consideration 10/24/89 + Vote for Passa eAyes: Ambrisco, Balmer, + Horowitz, Kubby, Larson, McDonald. Nays: None. Absent: 11 ti „ None. -1 Y Date, published 11/22/89 " 1 ,pa+u Moved by, Balmer, seconded by Ambrisco,,that the rule requiring ordinances to be considered and voted on for ; passage at. two council meetings prior to the meeting at w which it is to be finally passed be suspended, the first consideration and vote be waived and the ordinance be given second; consideration at this time., Ayes:. McDonald, Ambrisco, Balmer,,Courtney, Horowitz,'.Kubby, Larson. Nays:. None. j Absent: None. � r µf ..nil � J• ... `. "' .. .r1 r A L I r y ORDINANCE N0. ORDINANCE' AMENDING CHAPTER 17 OF THE CODE OF Cs ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY . AMENDING SECTIONS 17.2 AND 17-3 TO REQUIRE &1 ya OWNERS OF RENTAL PROPERTY NOT RESIDENTS OF 14'1. JOHNSON COUNTYANDCONDOMINIUM ASSOCIATIONS TO '2 DESIGNATE. A LOCAL OPERATOR EMPOWERED TO REPRESENTS A. PROPERTY. OWNER(S) CONCERNING COMPLIANCE\WITH THE IOWA CITY HOUSING CODE. /ffY BE IT ORDAINED BY CITY COUNCIL OF THE OF IOWA CITY: fey - SECTION I. That Cha ter 17 of the Code of the rdlnences of the City of Iowa City a and the same Is here amended g by repealing the defintlo of Operator In sect) 17-2, and - S i7 enacting In lieu thereof a ew definition to be codified the '. same to read as follows: I Operator/Manager/Agent q Operator/Manager/Agent I be the perso designated by I I -- ' ( the owner(s) to act on the o ner(s) bah , accept service i of legal processes and n s, and ake repairs as required. It shell also be any rson wh rents to another II ` or who has custody or cord of a uilding, or pans I r thereof, In which dwelling units o coming unto are let or who hes custody or control of the amises. - - ,_- r SECTION IL That Chapter 17; of the C of Ordinances of the City of Iowa',Cty, Iowa, 'same 'r be an th is hereby' - �,� r, amended by adding a new Section 17 (v) to ad as follows: (v).' Designation and 'Regie etlon of Owner/Manager/Agent. Owners of rental props not resitling Johnson `tet County, Iowa, and/or pondominium ass Iations - shall designate: and register with the City f Iowa yl City in the Omceofl(he Department of H sing gg y 1rT3Ty , and Inspection Services en.Operetor/Man er/ ,. 7 Agent located in Jolryryryryn���son County and ampowe of to, represent apart owners) In - matte #' I concerning compll ncewththeIowaClryHousing �;.-• Code and as de ed In Section 17.2. Failure to , f; �.; designate and registeranOperator/Manager/Agent Is a violation opthis Chapter and may resin revocation of a.lrental permit. SECTION I11. REPEALER:. Ail. ordinances and pans of ordinances In conflict with the provisions of this Ordinance are '- hereby repealed. SECTION IV. SEVERABILITY: If any section, provision or part of., the OrdInancF shall be adjudged to be Invalid or unconstitutional, such adjudication shall not affect the validity , of the Ordinance as a//wwhole or any section, provision or part thereof not adjudgeq{irnatdor unconstitutional. >; .SECTION V. EFFECTIVE DATE; This Ordinance shall be in - effect after. its, final passage, approval and publication as required. by law.