HomeMy WebLinkAbout1988-10-04 Ordinance0
ORDINANCE NO.
ORDINAL CE VACATING A PORTICN OF MADISCN STREET
RIGIT-OF-W4Y.
MEWAS, the University of Iowa has regested the
City of Iowa City vacate the western 24 feet by 405
feet of Madison Street right-of-way extending
between Market Street and Bloomington Street; and
WfEREILS, the University requests the vacation of
the west 24 feet to accamndate the construction of
the new Laser Laboratory Building; and
WBEAS, Madison Street is a local street with a
right -of -w width of 100 feet in which all City -
owned and franchised utilities are located within
the eastern 76 feet of right-of-way; and
W, the proposed vacation will still allow
Cit a
Public utilities to be adequately
maintained, including the maintenance ara/or
widening of street paving, and will not didnish the
use of the present sidewalk an the west side of
Madison Street.
NOW, If UCK, BE IT ORDAIND BY THE CITY
COLNCIL OF RE C17Y OF IOWA CITY, IW4:
SECTION I. VACATION. That the City of Iowa City
hereby vacates that portion of Madison Street rktt-
of-way legally described below:
Beginning at the Southeast carne^ of Outlot 35 as
recorded in Plat Book 2, Page 73, in the Johnson
County Recorder's Office on the Westerly right-
of-way line of Madison Street; thence North
00.00'00" East along the Westerly right-of-way
line of Madison Street 405.00 feet to a point;
thence North 90'00'00" East 24.00 feet to a
point; thence South 90'00'00" West 405.00 feet to
a point; thence South 90'00'00" Vest 24.00 feet
to the point of beginning. Said parcel contains
9,720 square feet (0.22 acres, wre or less).
SECTION TI, R590: All ordinances and parts of
ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION 111, SEVQABILITY: If any section, provi-
sion 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
whale or any section, prevision or part thereof not
adjudged invalid or unconstitutional.
SECTION TV, EFFECTIVE CITE: This Ordinance shall
be in effect after its final passage, approval and
publication as required by law.
Passed and approved this
/�47i
Ordinance No.
Page 2
M4YOR
ATTEST:
crn aB—K
Approved as to Form
Leg&I Lwarmwt
I
it was moved by and seconded by
that the Ordinance as read by adopte , and upon roll ca there were:
AYES: NAYS: ABSENT:
Ambrisco
Balmer
Courtney
Horowitz
Larson
McDonald
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
H79
I
I
I
I
it was moved by and seconded by
that the Ordinance as read by adopte , and upon roll ca there were:
AYES: NAYS: ABSENT:
Ambrisco
Balmer
Courtney
Horowitz
Larson
McDonald
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
H79
4
i
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Barry Beagle
Item: V-8805. Madison Street Vacation. Date: September 1, 1988
GENERAL INFORMATION:
Applicant: City of Iowa City
Requested action: V
Purpose:
Location:
Size:
Surrounding land use and zoning:
acaHon of a portion of Madison
Street right-of-way.
To permit acquisition by the
adjoining property owner.
Western portion of Madison Street
right-of-way between Market Street
and Bloomington Street.
24 -feet x 405 -feet; 9,720 sq, ft.
North - City Water Treatment
Plant; P.
South - Madison Street right-of-
way; P.
East - University Chemistry
Building; P.
West - University Parking Lot
(Proposed Laser Laboratory
Building); g)' a
The University of Iowa requests the City of Iowa City vacate the western 24 -
feet by 405 -feet of Madison Street right-of-way extending between Market
Street and n of the
western 24-feetisneededton ttoeaccommodateee a the construction onstruction of ctheonew Laser
Laboratory Building north of the Iowa Memorial Union and west of Madison
Street. The eastern portion of the building is "bow" shaped and its widest
point extends approximately 16 -feet into the proposed vacated area (see
Attachment 2).
ANALYSIS:
Currently
Madison
Street is a
pointlocal street approximatelyith oneablocktnorthaofwtheidthof 10-
propossed
vacated right-of-way at North Hall. The centerline of the street paving lies
off -center within the right-of-way, and upon vacation, the proposed right -
i
4
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STAFF REPORT
To: Planning and Zoning Commission Prepared by: Barry Beagle
Item: V-8805. Madison Street Vacation. Date: September 1, 1988
GENERAL INFORMATION:
Applicant: City of Iowa City
Requested action: V
Purpose:
Location:
Size:
Surrounding land use and zoning:
acaHon of a portion of Madison
Street right-of-way.
To permit acquisition by the
adjoining property owner.
Western portion of Madison Street
right-of-way between Market Street
and Bloomington Street.
24 -feet x 405 -feet; 9,720 sq, ft.
North - City Water Treatment
Plant; P.
South - Madison Street right-of-
way; P.
East - University Chemistry
Building; P.
West - University Parking Lot
(Proposed Laser Laboratory
Building); g)' a
The University of Iowa requests the City of Iowa City vacate the western 24 -
feet by 405 -feet of Madison Street right-of-way extending between Market
Street and n of the
western 24-feetisneededton ttoeaccommodateee a the construction onstruction of ctheonew Laser
Laboratory Building north of the Iowa Memorial Union and west of Madison
Street. The eastern portion of the building is "bow" shaped and its widest
point extends approximately 16 -feet into the proposed vacated area (see
Attachment 2).
ANALYSIS:
Currently
Madison
Street is a
pointlocal street approximatelyith oneablocktnorthaofwtheidthof 10-
propossed
vacated right-of-way at North Hall. The centerline of the street paving lies
off -center within the right-of-way, and upon vacation, the proposed right -
Page 2
A sidewalk exists along the west side of Madison Street and is located
directly above a university steam tunnel. The proposed vacation would
partially overlap a portion of sidewalk and completely include the sidewalk
at the southern end. The University will continue to be responsible for the
maintenance of that sidewalk. Portions of the sidewalk may have to be
removed to accommodate construction of the laser laboratory building. Given
the high pedestrian orientation of this area, the University should be
responsible for reconstructing any portions of the sidewalk which are damaged
or removed during construction. In addition, a pedestrian easement should be
retained in the area of the proposed vacation where it partially or com-
pletely covers the sidewalk.
All City -owned and franchise utilities are located within the east 76 -feet of
the right-of-way. It will not be necessary to retain utility easements
within the 24 -foot vacated area.
The existing steam tunnel under the sidewalk on the west side of Madison
Street makes it very difficult if not impossible to widen the street paving
on that side of the street. The Public Works Director has determined that
should widening ever be required, it must occur along the east side of the
street. The proposed vacation will not preclude the City's ability to widen
Madison Street in the future, should it become necessary.
The proposed vacation will still allow City -owned public utilities to be
adequately maintained, including the maintenance and/or widening of street
paving, and will not diminish use of the present sidewalk.
STAFF RECOMMENDATION:
Based upon the preceding analysis, staff finds the proposed vacation will
not diminish the use and function of this local street and, therefore,
recommends that the request to vacate the west 24 feet by 405 feet of Madison
Street right-of-way between Market Street and Bloomington Street be approved
contingent upon the University agreeing to reconstruct any portions of the
sidewalk damaged or removed during construction and designate a pedestrian
easement for maintaining the sidewalk.
ATTACHMENTS:
1. Location Map.
2. Attachment 1 - Legal Description and Survey.
3. Attachment 2 - Proposed Site Plan.
Approved by:
D na meiser, Director
Department of Planning and
Program Development
9
OWA
Iowa
Memorial
Union
AVE.
OC ON
1-8805
MAP
DAVENPORT ST.
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BLOOMINGTON ST.
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r
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W h
U p W W
[0 H x
MARKET y ST. ~
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O z H I
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JEFFERSON ST.
NIVERSITY OF IOWA
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9
LEGEND
7
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I'n OPENIT LINE
---
FLATTED PNm2NTr LINE
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SECTION LINE
S.
CEIIIEIILIIIE
n o.w.
PlnnT nr ww
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PLAITED nINENSION
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91CASUAED n1mrUSION
tarry of / I I
IOWA GItY�—/—.
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�o°'SaD'm'c»W ED DO
LEGAL DESCRIPTION FOR
AREA BEING VACATED
Beginning at the Southeast corner of Outlet 35 as recorded in Plat Book 2, page
73 In theJohnson County Recorder's Office on the Westerly right-of-way line of
Madison Street; thence North 0000100" East along the Westerly right-of-way
line of Madison Street 405.00 feet to a point; thence North 90000'00" East
24,00 feet to a point; thence South 90000'00" Nest 405.00 feet to a point;
thence South 90°00'00" West 24.00 feet to the point of beginning. Said
parcel contains 9720 square feet (0.22 acres, more or less).
I hereby certify that this plat, map, survey or
my direct personal supervision, and that I am a
under to laws of the tate of Iowa.
v
David J. Elgin
Iowa Registration No. 9216
7
i
pAp
7
Attachment 2
No Scale
L
Q'
Water I
Tfedtrtertt
plant
. k
Proposed Area of Vacation
Naomi on
I
i
i:ltl�tlfkj " Prop
oxq
Property Line a proerty Line
1
1
g
Proposed Laser {
Laboratory Building
i
Y
P
\ O
1
IIowa Memorial Union
Marke
III I I I! 79�
6
allIWCE W. -Balu93
CM1W10E TO MEW THE ZONING ORDINANCE CH4pIER 36-
23, THE CCl•TEACIAL INTENSIVE (CI -1) ZONE.
WEREAS, Ordinance No. 87-3357 contains a
provision to allow small scale manufacturing and
assembly uses in the CI -1 zone; and
WEREAS, it has become apparent that the dimen-
sional requirements included in that provision are
too restrictive to reasonably allow the type of
rtanufacturirg appropriate for the CI -1 zone to
locate there; and
*EWA, it is in the interest of the community
toen � the location of industrial uses in the
ty,
Of manufacturingredevelop location encourage the certain ghtW am,bit
limit the scale of such operations in chat is
primarily a commercial zone.
OF N10W,TTEREM, BE IT MIND BY TIE CITY GU CIL
OF IOW1 CITY, WT:
SECTION I AFfNPfMS,
I. Section 36-23(c)(4) is amended by deleting the
preamble and subsection (a), and inserting the
following in lieu thereof:
(4) Uses engaged in light manufacturing,
including corgxxrding, assembly and/or
processirg of articles, provided:
a. The floor area of the use shall not
exceed 5,000 square feet (for
Purposes of this subsection, floor
area does not include the area of
acces2. Section 36-23(d)(4.5) is deleted and the
following inserted in lieu thereof:
incrg cmponnUses engaged in light manufacturing,
di g, assembly and/or
Processing of articles, where the floor area
for such use exceeds 5,00o sqM feet. The
use shall not exceed a floor area of 15,000
square feet (for purposes of this subsec-
tion, floor area does not include the area
Of accessary uses) and shall Imply with the
provisions of Section 36-23(c)(4)b. through
d.
SECTION !I. SEVFWlAtI r l If MY section, provi-
sion or part of the ordinance shall be adjudged to
hall�not affect the validity alid or �of the ordsuch iinnarrasa
whole or arty section, provision or part thereof not
adjudged invalid or unconstitutional,
FMSECTION III. rrrvm rtiTc this Ordinance shall
in effect after its final passage, approval and
Publication as required by law.
I
Ordinance No. 88-3393
Page 2
passed ard approved this 4th day of
October, 1988.
ATIM:�7j
cmm
Approved as to Form
Leffl Oeparbwt
It was moved byfotrtnay and seconded by Horowitz
that the Ordinance as read by adopted, and upon roll call there -were.-
AYES:
ere:AYES: NAYS: ABSENT:
x Ambrisco
x Balmer
x_ Courtney
x_ Horowitz
_ x Larson
McDonald
First Consideration 9/20/88
Vote for passage: Ayes: Courtney, Horowitz, Larson, MacDonald,
Balmer. Nays: None. Absent: Ambrisco.
Second Consideration 10/4/88
Vote for passage: Ayes: Horowitz, Larson, McDonald, Ambrisco,
Balmer, Courtney, Nays: None. Absent: None.
Date published 10/12/88
APP DA,7 F,tCRM
LE AL DEP MENT
i
MINMlCE NO.
ORDINANCE TO NM THE ZCNING CDIN4NCE GWR 36-
23, PE W104 CIAL INTENSIVE (CI -1) ZONE.
WHEREAS, the City adopted in Ordinance No. 87-
339
7-33 a provision to allow small scale manufacturing
and smbly uses in the CI -1 zone; and
, it has become apparent that the dimen-
sional irmEnts included in that provision are
too res rictive to reasonably allow the type ' f
manufactu ing appropriate for the CI -1 zone
locate the ; and
WME S, it is in the interest of the ity,
to encourage location of basic industry in ora
City and to t the location of certain t of
manufacturing redevelop blighted areas, to
limit the scal of such operations in at is
primarily a cmme ial zone.
NOW,THEUCRE, IT CTSl4INED BY TIE ITY MMIL
OF IOWA CITY, WT:
1. Section 36-23(c (4)a. be eted and the
following inse in lieu reof:
a. The floor area r the ufactnairg portico
of the use shat not exceed 5,000 square
feet.
2. Section 36-23(d)(4.5) be deleted and the
following inserted i thereof:
Uses engaged to extent in light
manufacturing, ing, assembly and/or
treatment of articl as provided in
Section 36- (c)(4), re the floor area
for the ufacturirg ion of the use
exceeds 000 square eet, provided,
however that the floor area for the
mannuf turing portion of use shall not
ex 15,000 square feet.
SE ICN I SEV L . If any tion, provi-
sion or rt of the Ordinance shall be adjudged to
be inva d or unconstitutional, such udication
shall t affect the validity of the Orth arnce as a
whole or any section, provision or part f not
adj invalid or unconstitutional.
SE ION III. EF ELTI E [ATE. This Ordinance shall
in effect after its final passage, approva and
blication as required by law.
October 5, 1988
I
Chairman Donald Sehr &
Members of the Board of Supervisors
913 S. Dubuque Street
Iowa City, Iowa 52240
Dear Don & Members of the Board:
CITY OF IOWA CITY
I Please consider the following comments in regard to a request submitted by
Mr. Michael Flynn to rezone a 1.99 acre parcel, located approximately 1.5
miles east of Iowa City, from A-1 to RS. The tract is located in Area 5
of the Johnson County Iowa City Fringe Area Policy Agreement. The
development policy for Area 5 encourages agricultural use on "prime"
agricultural land to be continued.
On September 15, 1988, the Iowa City Planning and Zoning Commission
recommended to approve the proposed rezoning based upon factors that
distinguish this site from other requests to rezone agricultural land in
Area 5 for residential purposes. More specifically, these factors
included that the subject parcel has served for several years as the
farmstead on a larger agricultural tract whose rezoning will not change
the character of the area or the use of the site as a residential parcel;
the balance of the farm from which the parcel was split will continue to
be used for agricultural purposes; the site does not contain "prime"
agricultural land; the continued residential use of the property will not
diminish or conflict with the use of surrounding agricultural land; and,
the tract would not be economically viable for conversion to agricultural
use. The City Council concurred with the recommendation of the
Commission, and on October 4, 1988, recommended that the proposed rezoning
be approved.
I thank you for the opportunity to review this matter, and look forward to
our continued cooperation.
Sincerely yours,
John McDonald
Mayor
bj /pct
CIVIC CENT 1:R • , to Ii AST WAill INC; TON ST 11 I'LT • 10 WA CIT 1', IOWA S:: 4n • (II.1 IS, Joao
A
I
1
City of Iowa City
�,- MEMORANDUM
Date: September 6, 1988
I
To: Planning and Zoning Commission
From: Barry Beagle, Associate Planner
Re: CZ -8825. Michael Flynn
Michael Flynn has filed application with Johnson County requesting that
1.99 acres of an existing 2.56 acre tract in Area 5 of the Iowa
City/Johnson County Fringe Area Policy Agreement be rezoned from A-1,
Rural, to RS, Suburban Residential. The site is located approximately 1.5
miles east of Iowa City on the south side of County Road. (See Location
Map.) The RS zone permits single-family dwellings on individual lots with
minimum lot sizes of 40,000 sq. ft. exclusive of public right-of-way.
The 2.56 acre tract, with original farm house and related agricultural
buildings, was split off from the balance of the farm in 1977. The split
required the approval of a one -lot subdivision plat and rezoning to RS,
and was not discovered until Mr. Flynn recently applied for a building
permit to construct a new single-family residence on the site. Accompany-
ing this request is the preliminary and final plat for Flynn Subdivision,
legally establishing the 2.56 acre lot. The plat references the 1.99 acre
portion of the lot that is proposed to be rezoned from A-1 to RS. Since
the plat involved fewer than three lots, it is not subject to City review
and approval. If the rezoning is approved, the County will allow Mr.
Flynn to continue to occupy the farmhouse until the new residence is
completed. Once completed, the farmhouse is to be removed from the site.
This request has been forwarded to Iowa City for review and comment in
accordance with Section II. A.3. of the Fringe Agreement and is to be
evaluated in relation to the development policies for this area. The Area
5 development policy encourages the continued use of agricultural opera-
tions on land which is considered "prime" agricultural land. Non-farm
development will be considered for existing zoning within one (1) mile of
the eastern corporate limits of Iowa City. All properties within one (1)
mile of the eastern corporate limits of Iowa City in Area 5 are zoned RS.
Annexation of the subject property and the immediate surrounding area is
not expected in the foreseeable future.
On the surface, this request is inconsistent with the agricultural policy
for this portion of Area S. However, circumstances associated with this
parcel distinguish it from other requests to rezone agricultural land in
Area 5 for residential purposes. The subject parcel has served for
I
N
several years as the farmstead on a larger agricultural tract. Rezoning
this parcel will not change the character of the area or the use of the
site as a residential parcel. The balance of the farm from which this
parcel was split will continue to be used for agricultural purposes
consistent with the development policies for this area and the use of
adjoining lands. The site does not contain "prime" agricultural land
which is encouraged to be retained by the Fringe Agreement. Because of
the site's small size, existing buildings, tree cover, and soil condi-
tions, it is not considered economically viable for conversion to agricul-
tural land. The continued use of the property as a single-family resi-
dence should not diminish or conflict with the use of surrounding agricul-
tural land. The proposed rezoning will only permit one single-family
residence on the site and will not require construction of a new road or
extension of new utility services.
Given the fact that the proposed rezoning will not take agricultural land
out of production; the site has been recognized as a residential use for
several years; and it would not be considered economically viable to
convert the site to agricultural use, staff recommends t4 City Council
forward a comment to the County recommending that the re nest to rezone
the 1.99 acre parcel from A-1 to RS_b_e__apprbved} i2
Approved by
meiser, uirect
of Planning &
Development
tp4-6
Attachments: 1. Location Map.
2. 1 -Lot Subdivision Plat of Flynn Subdivision
LOCATION MAP
S-8825
Michael Flynn
SID
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9
PIlLL2 M2 NARY AliM FINAL PLAT
D•LYNN 9tIHOS VSS SON
JOHNSON COUNTY, IOWA
OWNER: OWNER'S ATTORNEY:
N MINE FLYNN SHARON A. MELLON
R.R. 04, BON 210 411 IOWA STATE BANK b TRUST BLUE.
IOWA CITY, IOWA 62210 IOWA CITY, IOWA 52210
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155 iW)pCENT IN BLI.iE
1pAxSL_-1O Erin vrzzG IU T21M.
I•certify that during the month of August, loss, at the direction of Mike Flynn;
a survey was made, under my supervision, of the tract of lend Platted hereon,
Beginning at the Northeast Corner of the Northwest Quarter of Section 29,
j Township 79 North, Range a Wast of the. Fifth Principal Meridien, Thence
900•]7116"E, along the East Line of said Northwest Quarter, 500.90 feet, Thence
N90.00'00"W, 561.00 feet, Thence "00.27'16"W, 506,90 feet, to a point on the
North Line of said Northwest Quarters Thence N90.00.0011E (An Assumed Bearing),
along said North Line, 561.00 feet, to the Point of Beginning. said tract of
]end contains 2.56 Acreu, more or less, and in subject to easements and
restrictions of Record. }+
I further certify that the Plat as shown 1s a correct representation of rise PILED
survey and that all cornern are mark.^d no Indicated. Johnson CO. I0110
Robert D. Mlckelaon Rao• No. 7056 Date AUG 19.1999
Subscribed to and sworn before me this _day of 19_ r/��w-1,—'Oil/
il /f���
COU" Y AUOION
Notary Public, In and for the state of Iowa „.. „••
pal -.1 IIF-- nun rs unm rL.nr MMS CONSULTANTS,1N0.
S p ' rWaN eOnosvx nI on IV�On, W. Mw RIN l -M
I TL 11mA atl N ec Ty1E NG4d.NWl/d n
0 � 4FLT4:N P_l1�R'AV. Yw/Au w,.•11r wr•.,
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SL.N.(CCUND�
155 iW)pCENT IN BLI.iE
1pAxSL_-1O Erin vrzzG IU T21M.
I•certify that during the month of August, loss, at the direction of Mike Flynn;
a survey was made, under my supervision, of the tract of lend Platted hereon,
Beginning at the Northeast Corner of the Northwest Quarter of Section 29,
j Township 79 North, Range a Wast of the. Fifth Principal Meridien, Thence
900•]7116"E, along the East Line of said Northwest Quarter, 500.90 feet, Thence
N90.00'00"W, 561.00 feet, Thence "00.27'16"W, 506,90 feet, to a point on the
North Line of said Northwest Quarters Thence N90.00.0011E (An Assumed Bearing),
along said North Line, 561.00 feet, to the Point of Beginning. said tract of
]end contains 2.56 Acreu, more or less, and in subject to easements and
restrictions of Record. }+
I further certify that the Plat as shown 1s a correct representation of rise PILED
survey and that all cornern are mark.^d no Indicated. Johnson CO. I0110
Robert D. Mlckelaon Rao• No. 7056 Date AUG 19.1999
Subscribed to and sworn before me this _day of 19_ r/��w-1,—'Oil/
il /f���
COU" Y AUOION
Notary Public, In and for the state of Iowa „.. „••
pal -.1 IIF-- nun rs unm rL.nr MMS CONSULTANTS,1N0.
S p ' rWaN eOnosvx nI on IV�On, W. Mw RIN l -M
I TL 11mA atl N ec Ty1E NG4d.NWl/d n
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9
U01
September 19, 1988
John McDonald,
Mayor
Iowa City Council
Iowa City Civic Center
College and Gilbert Streets
Iowa City, Iowa 52240
Dear Mr. McDonald:
It is with deep regret I am submitting my resignation
from the Iowa City/Johnson County Senior Center
Commission, effective December 31, 1988. With the
expansion of the Senior Center Program, the
role of the commissioners has been greatly increased.
The time involved in commission participation has almost
tripled in the past year. While I see this as
desirable, with my full -tine employment I am unable to
meet this expanded commitment.
The Senior Center staff is encouraging
become increasingly commissioners
Promotion involved in programming and
at the center. This
available for fund raising within theynextclfew being
In screening applicants for future commission years.
I suggest they be recruited considering their abilitynto
spend about 8 to 10 hours per month at the center in the
daytime. This probably means recruiting retired people
or people who do not work full time.
I wish to thank the council for having me serve on
tthe
Commission. I have enjoyed the past four years and h
worked hard o make a contribution. ave
Sincerely,
Geri R. Hall
1232 Teg Drive
Iowa City, Iowa 52246
° rDO
UP2019 9
1 MARIAN K. KARR
CITY CLERK (1)
14LOO�t
2004 Dunlap Ct.
- - Iowa City, Iowa 52245
September 15, 1988
j
Iowa City Airport Commission
Iowa City Municipal Airport
Iowa City, IA 52240
Dear Commissioners:
As of November 1, 1988, I will no longer be a resident of Iowa
City and therefore find it necessary to resign from the Iowa City
Airport Commission effective October 21, 1988.
It has been a pleasure working with the fine group of dedicated
people, both past and present during the past three years and seven
months on the commission.
This has been both a rewarding and frustrating experience which
I have enjoyed very much. As chairman, I thank all of you for the
support you have given me. I'm sorry I will not be able to fulfill
my term as commissioner and presently as chairman. .
Sincerely,
/fJack Ashby
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