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HomeMy WebLinkAbout1986-01-28 OrdinanceORDINANCE NO. 86-3275 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY INCLUDING WILLOW CREEK COURT, A PORTION OF WILLOW CREEK DRIVE AND PORTIONS OF FORMER RIGHT -OF -NAY FOR HIGHWAY 1 WEST (a/k/a IOWA PRIMARY ROAD N0. 1) SOUTHWEST OF SUNSET STREET. THE CITY 'COUNCIL OF IOWA CITY, IOWA, HEREBY FINDS THAT: I. The property described in Section 1 below is the property of the City of Iowa City' and is being voluntarily annexed to said City. 2. Said property is the public right-of-way for city streets known as Willow Creek Court and Willow Creek Drive, and as such should be zoned P (Public). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. REZONING. The property de- scr e e ow s ere y reclassified from its present classification of County Highway Commercial (CH) to Public (P): All that part of the Northwest Quarter of the Northwest Quarter of Section 21, Township 79 North, Range 6 West of the 5th P.M., bounded on the North by the North line of said North- west Quarter of the Northwest Quarter of Section 21; on the Southeasterly by a line 65 feet normally distant, Northwesterly of and parallel to the centerline of primary road 01 as shown on plans for Johnson County, Iowa, project /FA -9; and on the West by the West line of said Northwest Quarter of the Northwest Quarter of Section 21; also Commencing at the Northeast corner of Section 20, Township 79 North, Range 6 West of the 5th P.M., thence on an assumed bearing of SO0o00'OO"E, 300.00 feet, along the East line of said Section 20; thence S89026'31"W, 25.50 feet to a point which is the intersection of the Southerly Right -of -Way line of Willow Creek Drive and the former Northwesterly 1s/ 2 Right -of -Way line of Iowa Primary Road No. 1 which is the point. of beginning; thence S34056158"W, 489.36 feet along said Northwesterly Right -of -Way line; thence N71o47'30"W, 62.66 feet; thence 1134056'58"E, 325.04 feet along the present Northwesterly Right -of -Way line of Iowa Primary Road No. 1; thence N30037144"E, 132.80 feet along said present Northwesterly Right -of -Way line; thence N89026131"E, 85.99 feet to the point of beginning; also The Southerly 5 feet of Barker's First Addition to Iowa City, Iowa, which is also known as the Southerly 5 feet of the Willow yy Creek Drive . SECTION II. AMENDMENT wa Cil, of the effec- tiv-e-da-fe--Of-tWis--o—raTnance, the Building Inspector is authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment. SECTION III. CERTIFICATION AND RECORDING. Immediately a er e e ec ve date hereof, the City Clerk shall certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, for recording. SECTION N. REPEALER. All ordinances and pars or or nances in conflict with the Provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, prov son or par o e Ordinance shall be adjudged to be invalid or unconstitu= tionai, such adjudication shall not affect the validity of this ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordi- nance sha be n effect, after its final passage, approval and publication as required by law, upon completion of the City's annexation of the property described in Section I. Passed and approved this 28th day of January, .196. ATTEST: CITY CLERK 157 It was moved by Strait , and seconded by Zuber that the r finance as Tea e a opted and upon rol ca t ere were: AYES: NAYS: ABSENT: Y AMBRISCO X BAKER Y COURTNEY Y DICKSON X MCDONALD Y STRAIT Y ZUBER First consideration 1/14/86 Vote for passage: Ayes: Ba er, Courtney, Dickson, McDonald, Strait, Zuber, Ambriseo. Nays: None. Second consideration Vote for passage Date published 2/5/86 Moved by Strait, seconded by Zuber, 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 second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Baker, Courtney, Dickson, McDonald, Strait, Zuber, Ambrisco. ,Jays: None. I ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE NOTICE REQUIREMENTS FOR BOARD OF ADJUSTME14T HEARINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That Section 36-91(e)(2) of the Iowa City Code of Ordinances be deleted and the following inserted in lieu thereof: Public notice. The notice of the time and place of hearings shall be published in a paper of generkl circulation not more than 20 nor less than 7 days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the appeal. SECTION II. CERTIFICATION. The City Clerk is hereby aufFoFiFEFand directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication of the ordinance as provided by law. SECTION III. REPEALER. All ordinances and pars of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or par of the Ordi- nance 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 V. EFFECTIVE DATE. This Ordi- nance shall e in effect after its final passage, approval and publication as required by law. Passed and approved this ATTEST: CITY CLERK Reaelved i Approved By The legal Department /Q 4226-11—pi— .! T . i i I i I I I I i' It was moved by McDonald and seconded by Zuber that the r nance as rea a adopted and upon ro ca ere were: AYES: NAYS: ABSENT: X AMBRISCO BAKER x DICKSON X ERDAHL X MCDONALD X STRAIT ZUBER First consideration 6/18/85 Vote for passage:Ayes: Ambrisco, Baker, McDonald, Strait. Nays: Erdahl. Absent: Dickson, Zuber. Second consideration July 16, 1985 Vote for passage yes: is son, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: Erdahl. Absent: None 1 Date published ORDINANCE NO. 86-3276 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED NORTHEAST OF U.S. HIGHWAY 218 AND WEST OF MORMON TREK BOULEVARD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property described B70_77s_ s hereby reclassified from its present classification of RI -A in the County to RS -5: Beginning at the northeast corner of the northwest quarter of the northwest quarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian; thence S00020'30"W, a recorded bearing, 532.40 feet, along the east line of said northwest quarter of the north- west quarter to a point on the northeasterly right-of-way line of the relocated primary road U.S. Highway No. 218; thence N47047'00"W, along said northeasterly right-of-way line, 792.93 feet; thence S89057'38"E, along the north line of said northwest quarter of the northwest quarter, 590.42 feet, to the point of begin- ning. Said tract of land contains 3.61 acres more or less. SECTION •II. The Building Inspector is ere y au orized 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 publica- tion of this ordinance as provided by law. SECTION III. 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, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, Prov s on or par o e Ordinance shall pe adjudged to be invalid or unconstitu- tional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof 161 2 not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This urainance shall a in a ec after its final passage, approval and publication as required by law and the effective date of the City's annexation of the property described in Section I. Passed and approved this 28th day of January,, 1986. ! y� ATTEST: Z�A;tl;ARK / ,l Rmlved & Approved By al i?a l It was moved by Strait , and seconded by Courtney that the UiTi—mnce as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO R BAKER K COURTNEY X DICKSON X MCDOMALD STRAIT K ZUBER First consideration Vote for passage: -7yel" s?H-Mr, McK n, Erdahl, McDonald, Strait, Zuber, knbrisco. Nays: None. Second consideration 1/14/86 Vote forsage es: mijonaia, StFait, Zuber, Airbrisco, Mser, Courtney, Dickson. Nays: None. Date published 2/5/86 I ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED NORTHEAST OF U.S. HIGHWAY 218 AND WEST OF MORMON TREK BOULEVARD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property described eb�o is— hereby reclassified fryinthe its T' pres t classification of RI -A Count to RS -5: Begin ing at the northeast cornf the no thwest quarter ofthe no hwest quarter of Section 20, Town ip 79 North, Range 6 West of he 5th Principa Meridian; thence S00020'30 W, a recorde bearing, 532.40 fe t, along the st line of said north est quarter f the north- west quart r to a oint on the northeasterl right -of ay line of the relocated pr'maryrod U.S. .Highway No. 218; th ce N °47'00"W, along said northeast rly fight -of -way line, 792.93 feet; th nc S89°57'38"E, along the north lin of said northwest quarter of th northwest quarter, 590.42 feet, t he point of begin- ning. Said ac of land contains 3.61 acres mor or ess. SECTION II. he 8 ilding Inspector is ere y au or' ed and directed to change the zoning m of the City of Iowa City, Iowa, to co form to tis amendment upon the final ssage, appr val and publica- tion of th ordinance as provided byiaw. SECTION I The City lerk is hereby authorize and directed to certify a copy of this rdinance which sh 11 be recorded bythe p operty owner at the office of the County ecorder of Johnson ounty, Iowa, upon final passage and pu lication as provid d by law. SECTI N IV. REPEALER. All ord nances and Part o or nances in conflict with the prov sion of this ordinance ar hereby 1 rep aled. f SEGTION V. SEVERABILITY. If any s tion, pprovision or part of the Ordinance hall gr/bvision tobeinvalid or unconstitu- ect �thenal vaiidity ad utheation Ordinanceshall as not aawhole or any section, provision or part thereof •4 14 A _ . ORDINANCE NO. 86-3277 AN ORDINANCE AMENDING CHAPTER 31 OF THE CITY CODE BY ADDING SECTION 31-12 PROVIDING FOR MAINTENANCE OF CERTAIN PUBLIC PROPERTY BY THE ABUTTING PROPERTY OWNER. SECTION I. PURPOSE. The purpose of the ordinance is . o amend Chapter 31 to require abutting property owners to maintain the public property located between their property lines and the curb lines upon the public streets, the area commonly referred to as the "parking." This ordinance is adopted pursuant to the authority of 8364.12(21(c), Code of Iowa. SECTION II. AMENDMENT. Chapter 31 of the Code of Or nances of the City of Iowa City, Iowa, is hereby amended by adding the following new Section 31-12: Sec. 31-12. Responsibility of abutting property owner. (a1 The abutting property owner shall maintain 'all publicly owned property located between the curb lines of the street right-of-way and the abutting property line, except that the abutting property owner shall not remove diseased trees or dead wood on the publicly owned property or right-of-way and shall not treat, plant, trim , remove or otherwise disturb any tree or shrub on said ,public property without first procuring a permit to do so as provided for in Chapter 34 of the Code of Ordinances of the City of Iowa City, Iowa. (b) As used in this section, "property owner" means the contract purchaser if there is one of record, otherwise the record holder of legal title. SECTION III. REPEALER: All ordinances and parts of or nances n conflict with the provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, provision or parT--or par--orthis Ordi- nance 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. .A aY 4'ttY?.w\wlwY`.w t.wlul \t4nit4nwnaV:/N: w:wwwnwwrv..a..�/N//!/e.Y�n 1. .ve.�/e. .. 1..4'I'MYAYM44Y'.' Ordinance No. 86-3277 Page 2 SECTION V. 'EFFECTIVE DATE: This Ordinance Sha I I be in effect after its final passage, approval and publication as required by law. Passed and approved this 28th day of January, 1986. ((y,QKA On ^'�v�'(Niv aaaa/aava Nati Taal aaa itv!a�wwxix :.�..aa..aaya....4..�.iiia«..w....w_w.....v.aF..�x.aw.wa.n %4 It was moved by Strait and , that the Ordinance as rea a opted were: seconded by Zuber and upon roll call there AYES: NAYS: ABSENT: x AhBRISCO i — I x BAKER x COURTNEY is x DICKSON T x MMMAIA i x STRAIT x ZUBER First consideration 1/14/86 Vote.for passage: yes: Strait, Zu r, Ambrisco, j Baker, Courtney, Dickson, McDonald. Nays: None. Second consideration XJO= Vote for passage Date published 2/5/86 Moved by Strait, seconded by Dickson, that the rule i 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 second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: WDonald, Strait, Zuber, Ambrisco, Baker, Courtney, Dickson. Nays: None. i i I