HomeMy WebLinkAbout2002-11-05 Ordinance Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO. 02-4048
AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION ON A 8.69 ACRE
PROPERTY LOCATED NORTH OF STATE HIGHWAY 1 AND WEST OF MILLER AVENUE FROM.
HIGH DENSITY MULTI-FAMILY RESIDENTIAL (RM-44) TO MEDIUM DENSITY MULTI-FAMILY
RESIDENTIAL (RM-20); CONDITIONALLY CHANGING THE ZONING DESIGNATION ON A 1.45 ACRE
PROPERTY LOCATED NORTH OF STATE HIGHWAY 1 AND WEST OF MILLER AVENUE FROM
COMMUNITY COMMERCIAL (CC-2) TO MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL (RM-20);
AND CONDITIONALLY CHANGING THE ZONING DESIGNATION ON A 1.45 ACRE PROPERTY
LOCATED NORTH OF STATE HIGHWAY 1 AND WEST OF MILLER AVENUE FROM MEDIUM
DENSITY SINGLE FAMILY RESIDENTIAL (RS-8) TO COMMUNITY COMMERCIAL (CC-2).
WHEREAS, Charles W. Ruppert, Marie Ruppert, Richard H. Ruppert, Robert L Ruppert, Maxine
Ruppert, Katherine C. Hogan, Eugene Hogan, Cleldon F. Ruppert, Herman G. Ruppert, Betty Lou
Ruppert, and Dean C. Cooper as Executor of the Estate of Rosamond V. Cooper (hereinafter "Owners")
own the subject property legally described below; and
WHEREAS, the 8.69-acre property (hereinafter "Tract 1") is not suitable for high density residential
development, because it contains steep and critical slopes and wooded ravines, is directly adjacent to a
Iow density single family zone, has limited street access, and con.rains few pedestrian links north and
south to major destinations; and
WHEREAS, a certain portion of the property (hereinafter "Tract 2") is not suitable for commercial
development, because it contains steep and critical slopes and wooded ravines, is separated from
adjacent commercial development by rugged topography, and has limited street access; and
WHEREAS, a zoning change from RS-8 to CC-2 for the 1.45 acre property (hereinafter "Tract 3")
would increase the depth of potential commercial lots on the property to be consistent with adjacent
commercially zoned property, thereby allowing adequate space to develop the property with commercial
uses and for an adequate noise and sight buffer between commercial development and future residential
development on property located north of the subject proper[7; and
WHEREAS, the Southwest District Plan, a component of the City's Comprehensive Plan, suggests
commercial zoning for Tract 3 and RM-12, Low-Density Multi-Family zoning for Tract 1 and 2 of the
subject property, with consideration for RM-20, Medium Density Multi-Family zoning, if appropriate
conditions are met to satisfy public needs directly caused by the RM-20 zoning designation; and
WHEREAS, Iowa Code 414.5 (2001) provides that the City of Iowa City may impose reasonable
conditions with rezoning approvals, over and above existing regulations, in order to satisfy public needs
directly caused by the zone change; and
WHEREAS, the Owners acknowledge that certain conditions and restrictions are reasonable to
address issues of compatibility with the adjacent single family neighborhood located north and west of the
subject property as called for in the Southwest District Plan, to provide adequate street infrastructure, to
prevent traffic congestion along local streets, to provide important pedestrian links between
neighborhoods, and to ensure appropriate development of an environmentally sensitive property located
along Highway 1, an important entranceway into Iowa City;
WHEREAS, the Owners have voluntarily agreed to develop and use the subject property in
accordance with the terms and conditions of a Conditional Zoning Agreement to address the public needs
referenced above.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL: Subject to the terms and conditions of the Conditional Zoning Agreement,
attached hereto and incorporated by reference herein, the properties legally described below are hereby
reclassified from their current zoning designation as follows:
Ordinance No. 02-4048
Page 2
Tract 1: RM-44, High Density Multi-Family, to RM-20, Medium Density Multi-Family
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION
16, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE 5TM PRINCIPAL MERIDIAN; THENCE
S00°30'48"W, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 493.66 FEET; THENCE
N89°52'33"W, 337.07 FEET, TO THE SOUTHEAST CORNER OF BENTON MANOR, AS
RECORDED IN PLAT BOOK 22, AT PAGE 22, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE, WHICH IS THE POINT OF BEGINNING; THENCE N89°59'59"W, (A
RECORDED BEARING ALONG THE SOUTH LINE OF SAID BENTON MANOR), 421.42 FEET, TO
THE SOUTHWEST CORNER THEREOF, WHICH POINT IS ALSO THE SOUTHEAST CORNER OF
LOT 25, OF WEEBER'S THIRD ADDITION OF IOWA CITY, IOWA, AS RECORDED IN PLAT BOOK
9, AT PAGE 14, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE;
THENCE S89°,44'56"W, ALONG THE SOUTH LINE OF SAID LOT 25, 225.28 FEET; THENCE
WESTERLY 327.98 FEET TO THE SOUTHWEST CORNER OF LOT 24 OF WEEBER'S THIRD
ADDITION TO IOWA CITY, IOWA; THENCE S00°13'05'~N, 161.77 FEET TO THE NORTHEAST
CORNER OF THE SOUTHEAST QUARTER, OF THE NORTHWEST QUARTER, OF THE
SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH
PRINCIPAL MERIDIAN, AS RECORDED IN PLAT BOOK 9, AT PAGE 13, OF THE RECORDS OF
THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°06'07"W, 468.18 FEET; THENCE
N57°55'37"E ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF IOWA PRIMARY ROAD
NO. 1,369.85 FEET, TO A POINT WHICH IS 190.00 FEET, RADIALLY DISTANT
NORTHWESTERLY OF CENTERLINE STATION 146+10; THENCE N71°35'52"E ALONG SAID
NORTHEASTERLY RIGHT-OF-WAY LINE, 696.87 FEET; THENCE N00°30'48"E, 211.15 FEET TO
THE POINT OF BEGINNING.
Tract 2: CC-2, Community Commercial, to RM-20, Medium Density Multi-Family
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION
16, TOWNSHIP 79 NORTH, RANGE 6 WEST, TH
OF THE 5 PRINCIPAL MERIDIAN; THENCE
S00°30'48'~/, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 493.66 FEET TO THE
POINT OF BEGINNING; THENCE N89°52'33"W, 337.07 FEET, TO THE SOUTHEAST CORNER OF
BENTON MANOR, AS RECORDED IN PLAT BOOK 22, AT PAGE 22, OF THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°30'48"W, 211.15 FEET, TO A POINT
ON THE NORTHERLY RIGHT-OF-WAY LINE OF IOWA PRIMARY ROAD NO. 1; THENCE
EASTERLY 335.95 FEET ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID IOWA
PRIMARY ROAD NO. 1; THENCE NORTHERLY 168.23 FEET TO THE POINT OF BEGINNING.
Tract 3: RS-8, Medium Density Single Family Residential, to CC-2, Community Commercial
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION
16, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE 5TM PRINCIPAL MERIDIAN; THENCE
S00°30'48"W, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 377.86 FEET TO THE
POINT OF BEGINNING; THENCE S89°52'33"E, 542.11 FEET; THENCE S02°30'00"E, 115.92 FEET;
THENCE N89°52'33"W, 548.21 FEET, TO A POINT ON SAID WEST LINE OF THE SOUTHEAST
QUARTER; THENCE N00°30'48"E, ALONG SAID WEST LINE, 115.80 FEET, TO THE POINT OF
BEGINNING. SAID TRACT OF LAND CONTAINS 1.5 ACRES, MORE OR LESS, AND IS SUBJECT
TO EASEMENTS AND RESTRICTIONS OF RECORD.
SECTON II. ZONING MAP. Upon final passage, approval and publication of the ordinance as provided
by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa
City, Iowa, to conform to this amendment.
SECTON II1. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
ordinance, the Mayor is' hereby authorized and directed to sign, and the City Clerk to attest, the
Conditional Zoning Agreement between the Owners of the subject property and the City.
SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed
Ordinance No. 02 -4048
Page 3
to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same in the
Office of the County Recorder of Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance 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.
mber ,2002.
MAYOR
Ordinance No. 02-4048
Page 4
It was moved by Champi on and seconded by Pfab that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 10/8/02
Vote for passage: Ayes : Pfab, Vanderhoef, Wilburn, Champion, Kanner, Lehman,
O'Donnell. NAYS: None. ABSENT: None.
Second Consideration 10/22/02
Voteforpassage:AYES: O'Donnell, Vanderhoef, Wilburn, Champion, Kanner. Lehman.
NAYS: None. ABSENT: Pfab.
Date published 11/13/02
Prepared by: Karen Howard, Assoc. Planner, 410 E. Washington St,, Iowa City, IA 52240 (319) 356-5251
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a
Municipal Corporation (hereinafter "City") and Charles W. Ruppert and Marie
Ruppert, husband and wife, Richard H. Ruppert, a single person, Robert L.
Ruppert and Maxine Ruppert, husband and wife, Katherine C. Hogan and
Eugene Hogan, wife and husband, Cleldon F. Ruppert, Herman G. Ruppert and
Betty Lou Ruppert, husband and wife and Dean C. Cooper as Executor of the
Estate of Rosamond V. Cooper (hereinafter "Owners").
WHEREAS, Owners, are legal title holders of the property legally described
below; and
WHEREAS, the subject property contains steep and critical slopes and wooded
ravines, is directly adjacent to a Iow density single family zone, and contains few
pedestrian links north and south to major destinations; and
WHEREAS, the Southwest District Plan, a component of the City's
Comprehensive Plan, suggests RM-12, Low-Density Multi-Family zoning for
portions of the subject property, with consideration for RM-20, Medium Density
Multi-Family zoning, if appropriate conditions are met to satisfy public needs
directly caused by the RM-20 zoning designation; and
WHEREAS, the City is considering rezoning a portion of the Owners' property
located north of Highway 1 and west of Miller Avenue from High Density Multi-
Family (RM-44) to Medium Density Multi-Family (RM-20) (hereinafter "Tract 1 ");
and
WHEREAS, the City is considering rezoning a portion of the Owners' property
located north of Highway 1 and west of Miller Avenue from Community
Commercial (CC-2) to Medium Density Multi-Family (RM-20) (hereinafter "Tract
2"); and
WHEREAS, the City is considering rezoning a portion of the Owners' property
located north of Highway 1 and west of Miller Avenue from Medium Density
Single Family (RS-8) to Community Commercial (CC-2)(hereinafter "Tract 2");
and
WHEREAS, Iowa Code 414.5 (2001) provides that the City of Iowa City may
impose reasonable conditions with rezoning approvals, over and above existing
regulations, in order to satisfy public needs directly caused by the zone change;
and
WHEREAS, the Owners acknowledge that certain conditions and restrictions are
reasonable to address issues of compatibility with the adjacent single family
neighborhood located north and west of the subject property as called for in the
Southwest District Plan, to provide adequate street infrastructure, to prevent
traffic congestion along local streets, to provide important pedestrian links
between neighborhoods, and to ensure appropriate development of an
environmentally sensitive property located along Highway 1, an important
entranceway into Iowa City;
WHEREAS, the Owner has agreed to develop and use this property in
accordance with the terms and conditions of this Conditional Zoning Agreement
to address the above referenced issues.
NOW, THEREFORE, in consideration of mutual promises contained herein, the
Parties agree as follows:
1. Charles W. Ruppert and Marie Ruppert, husband and wife, Richard H.
Ruppert, a single person, Robert L. Ruppert and Maxine Ruppert,
husband and wife, Katherine C. Hogan and Eugene Hogan, wife and
husband, Cleldon F. Ruppert, Herman G. Ruppert and Betty Lou Ruppert,
husband and wife and Dean C. Cooper as Executor of the Estate of
Rosamond V. Cooper are the owners and legal title holders of
approximately 11.6 acres of land located north of State Highway No. 1 and
west of Miller Avenue, which property is more particularly described as
follows:
Tract I (RM-44, High Density Multi-Family, to RM-20, Medium Density
Multi-Family)
Commencing at the Northwest Corner of the Southeast Quarter of Section
16, Township 79 North, Range 6 West, of the 5th Principal Meridian;
Thence S00°30'48'~/, along the West Line of said Southeast Quarter,
493.66 feet; Thence N89°52'33'~/V, 337.07 feet, to the Southeast Corner of
Benton Manor, as recorded in Plat Book 22, at Page 22, of the records of
the Johnson County Recorder's Office, which is the point of beginning;
Thence N89°59'59'~/V, (a recorded bearing along the South Line of said
Benton Manor), 421.42 feet, to the Southwest Corner thereof, which point
is also the Southeast Corner of Lot 25, of Weeber's Third Addition of Iowa
City, Iowa, as recorded in Plat Book 9, at Page 14, of the Records of the
Johnson County Recorder's Office; Thence S89°,44'56'~V, along the
South Line of said Lot 25, 225.28 feet; Thence westerly 327.98 feet to the
Southwest Corner of Lot 24 of Weeber's Third Addition to Iowa City, Iowa;
Thence S00°13'05'~V, 161.77 feet to the Northeast Corner of the
Southeast Quarter, of the Northwest Quarter, of the Southwest Quarter of
Section 16, Township 79 North, Range 6 West of the 5th Principal
Meridian, as recorded in Plat Book 9, at Page 13, of the Records of the
Johnson County Recorder's Office; Thence S00°06'07'~/, 468.18 feet;
Thence N57°55'37"E along the Northeasterly Right-of-Way Line of Iowa
Primary Road No. 1,369.85 feet, to a point which is 190.00 feet, radially
distant Northwesterly of Centerline Station 146+10; Thence N71°35'52"E
along said Northeasterly Right-of-Way Line, 696.87 feet; Thence
N00°30'48"E, 211.15 feet to the point of beginning.
Tract 2: (CC-2, Community Commercial, to RM-20, Medium-Density
Multi-Family)
Commencing at the Northwest Corner of the Southeast Quarter of Section
16, Township 79 North, Range 6 West, of the 5th Principal Meridian;
Thence S00°30'48'~V, along the West Line of said Southeast Quarter,
493.66 feet to the point of beginning; Thence N89°52'33'~V, 337.07 feet, to
the Southeast Corner of Benton Manor, as recorded in Plat Book 22, at
Page 22, of the records of the Johnson County Recerder's Office; Thence
S00°30'48'W, 211.15 feet, to a point on the Northerly Right-of-Way Line of
Iowa Primary Road No. 1 ', Thence easterly 335.95 feet along the Northerly
Right-of-Way Line of said Iowa Primary Road No. 1: Thence Northerly
168.23 feet to the point of beginning.
Tract 3: (RS-8, Medium Density Single Family, to CC-2, Community
Commercial)
Commencing at the Northwest Corner of the Southeast Quarter of Section
16, Township 79 North, Range 6 West, of the 5th Principal Meridian;
Thence S00°30'48'~/V, along the West Line of said Southeast Quarter,
377.86 feet to the Point of Beginning; Thence S89°52'33"E, 542.11 feet;
Thence S02°30'00"E, 115.92 feet; Thence N89°52'33'W, 548.21 feet, to a
point on said West Line of the Southeast Quarter; Thence N00°30'48"E,
along said West Line, 115.80 feet, to the Point of Beginning. Said Tract of
land contains 1.5 acres, more or less, and is subject to easements and
restrictions of record.
2. In consideration of the City's rezoning the subject property as described
above, the Owners agree to certain conditions over and above City
regulations in order to ensure that any future multi-family development is
consistent with the Southwest District Plan, is sensitive to the topography
of the property, is developed in a manner that is sensitive to the adjacent
single family neighborhood, will prevent additional traffic on Harlocke
Street, a local street, will provide the opportunity for important pedestrian
links between neighborhoods, residential areas and adjacent commercial
areas, will ensure that streets within the development are adequate to
support traffic generated by both the commercial and medium density
multi-family development, and will ensure appropriate traffic circulation
and emergency vehicle access.
3. In consideration of the City's rezoning the subiect property as described
above, the Owners agree that the use and development of the subject
property will conform to all of the requirements of the Iowa City Zoning
Ordinance, as applicable, as well as the following additional conditions:
a. Prior to any development of the subject property, the Owner shall
submit an OPDH plan for review and approval in accordance with City
ordinances. The OPDH plan shall address the elements and conditions
outlined in this Agreement; and
b. Vehicular access to the subject property will not be permitted from
Harlocke Street; and
c. A 100-foot buffer area will be maintained along the western property
line of Tract 1 to provide adequate separation between single family
zoning and larger multi-family buildings and parking lots. The first fifty
feet from the property line shall remain landscaped open space free of
buildings and parking areas. Landscaped parking lots and buildings no
greater than 25 feet in height may be established within the 100-foot
buffer area between 50 feet and 75 feet from the western property
boundary of Tract 1. Landscaped Parking lots and buildings no greater
than 60 feet in height may be approved as part of the OPDH plan
within the 100-foot buffer area between 75 feet and 100 feet from the
western boundary of Tract 1; and
d. The property will be developed in a manner that is sensitive to the
topography, with buildings located in a manner that will minimize
disturbance to critical slopes. To minimize impervious surface, at least
75 percent of the required parking must be provided underneath the
buildings; and
e. Access to the property will be permitted from the IDOT-approved
access point along Highway 1 directly across from Ruppert Road. The
City will cooperate with the Owner in their efforts to obtain appropriate
IDOT approval for upgrades to the access point to serve the
development; and
f. If, based on the City's trip generation model, streets within the
development will carry more than 500 vehicle trips per day, such
streets shall be designed and constructed in accordance with City
specifications for collector streets, including provisions for pedestrian
facilities. Exceptions to the collector design standards may be
approved by the Director of Planning and Community Development if
warranted based on the private nature and function of the street.
g. If, due to the intensity of development on the subject property, a traffic
signal and turn lanes are warranted at the intersection of Highway 1
and Ruppert Road, the owner of the property must at that time
contribute funds to pay for any IDOT required intersection
improvements and funds equal to half the cost of a traffic signal and
associated installation costs; and
h. A public or private street must be stubbed to the west property line of
Tract 1 in a location to be determined by the City of Iowa City; and
i. If and until a street connection is made to the west, a turnaround must
be constructed and maintained to standards that will accommodate fire
apparatus and emergency vehicles; and
j. A public access and fire apparatus access easement will be granted
over and across all private streets within any future development;
k. The emergency vehicle access easement must extend to the north
property line of Tract 1 at a location to be determined by the City. This
access easement will provide emergency vehicle access to the
property in the event that the primary access from Highway 1 is
blocked. The access easement must remain clear of structures and
any landscaping or trees that might obstruct emergency access. The
location for said access will be determined during the OPDH process.
I, A 15' wide pedestrian walkway easement will be granted to allow the
opportunity for a pedestrian trail to be constructed generally along the
Owners' northern property line of Tract 1 and Tract 2 from the end of
Harlocke Street eastward and then northward following the Owners'
western boundary of Tract 3 to provide the opportunity for the eventual
connection to the public park space located along Benton Street near
its intersection with Miller Avenue. To maintain public safety, views to
and from the pedestrian trail will be maintained. Fences, walls, or
planted vegetation that effectively obstruct views to and from the trail
shall not be permitted along the pedestrian easement; and
m. A 15' wide pedestrian walkway easement will be granted from the
property's northern boundary of Tract 2 generally southward to connect
with the street on the property that provides public access to Highway
1. This easement should connect with the east-west trail easement
described in paragraph I., above.
n. A 15' wide pedestrian walkway easement will be granted from the
northern property boundary of Tract 1 beginning at the end of Harlocke
Street and extending generally southward following the western
boundary of Tract 1 to end at the southwest corner of the property
adjacent to the Highway 1 right-of-way.
o. The grant of pedestrian easements described in paragraphs I, m., and
n., above, does not represent an obligation on the property owner's
part to construct pedestrian trails. However, this paragraph should not
be construed in a manner that exempts the property owner from
constructing adequate pedestrian facilities to serve development on
the subject property.
4 The OPDH plan review and approval process outlined in paragraph 3.a.
above shall not supplant any other approval required pursuant to Iowa
Law or Iowa City Ordinances, such as the Iowa City Sensitive Areas
Ordinance, if applicable.
5 The Owners acknowledge that the conditions contained herein are
reasonable conditions to impose on the land and under Iowa Code 414.5 ..
(2001), and that said conditions satisfy public needs that are directly
caused by the zoning change.
6 The Owners acknowledge that in the event any portion of the subject
property is transferred, sold, redeveloped, or subdivided, all development
and redevelopment will conform with the terms of this Conditional Zoning
Agreement.
7 The Parties acknowledge that this Conditional Zoning Agreement will be
deemed to be a covenant running with the land and with title to the land,
and shall remain in full force and effect as a covenant running with the title
to the land unless or until released of record by the City. The Parties
further acknowledge that this Agreement will inure to the benefit of and
bind all successors, representatives and assigns of the Parties.
8 Owners acknowledge that nothing in the Conditional Zoning Agreement
will be construed to relieve the Owner from complying with all applicable
local, state and federal regulations.
9 The Parties agree that this Conditional Zoning Agreement will be
incorporated by reference into the Ordinance rezoning the subject
property and that upon adoption and publication of the Ordinance, this
Agreement will be recorded in the Johnson County Recorder's Office.
Datedthis ,~3'1 dayof ~e~{~l,u/~'/~ ,2002.
OWNERS
CHARLES W. RUPPERT \
CHARLES W. RUPPER'I~ V
Attorney-in-Fact for Marie Ruppert,
Maxine Ruppert, Robert L. Ruppert,
Katherine C. Hogan, Eugene J. Hogan,
Betty C. Ruppert, Cleldon F. Ruppert,
Herman G. Rupped, Betty L. Ruppert
and Richard H. Ruppert
DEAN C. COOPER /
ESTATE OF ROSAMOND V. COOPER,
DECEASED
By ~~ ~~__
Dean C. Cooper, ExecE[or
CITY OF IOWA CITY
Attest:
Mar'Pan K. Karr, City Clerk
STATE OF IOWA )
COUNTY OF JOHNSON )
On this ~/'<//~ day of ~/~---~-~/', 2002, before me, a Nota,y
Public in and for the State of Iowa, pe~onally appeared Charles W. RuppeA to me
known to be the pemon who executed the forgoing inst~ment and acknowledged
that he executed the same as his volunta~ act and deed.
~ota~ ~ublic in and for the 8tare
STATE OF IOWA
) SS:
COUN~ OF JOHNSON )
On this ~ day of ~ ~2002, before me, a Nota~ Public
in and for the State of Iowa, pemon~y appeared Gharles W. Ruppe~ to me known
to be the person who executed the foregoing inst~ment in behaE of Marie Ruppe~,
Maxine RuppeA, RobeA L. RuppeA, Katherine G. Hogan, Eugene J. Hogan,
Be~ C. RuppeA, Gleldon F. Ruppe~, He,an G. RuppeA, Be~ L. RuppeA and
Richard H. Ruppe~, and acknowl~ged that he execut~ the same as the volunta~
act and deed of said Marie RuppeA, Maxine Ruppe~ Robe~ L Ruppe~,
Katherine C. Hogan, Eugene J. Hogan, Betty C. Ruppert, Cleldon F. Ruppert,
Betty L. Ruppert, Herman G. Ruppert and Richard H. Ruppert
Notary Public in and for the State of Iow~'
JZ~,.ILE~NE
I~ I ~1Commlsdon Number 2248731
STATE OF FLORIDA ) I'-IF'I I
) SS;
COUNTY OF CHARLOTTE)
On this day of ~ 2002, before me, a Notary
Public n and for ~ ~'te of Fl~ida, ~ersonally appeared Dean C. Cooper, to me
known to be the person who executed the foregoing instrument and acknowledged
that he executed the same as his voluntary act and deed.
SUSAN J MURPHY
I
NOTARY PUBIC STATE OF FLOR~A
,
~k~._.~Mu~ss~oN tx}'. ^PR.
~4~lotary Public ih'~-fi-d f~ the-~tate/l Florida
STATE OF FLORIDA )
) SS:
COUNTY OF CHARLOTTE)
On this C~3,.~'g~'~day"~ of/ -~ 2002, before me, the
undersigned, a Notary Public in and for/said state, persOnally appeared Dean C.
Cooper, to me known to be the identical person named in and who executed the
foregoing instrument, and acknowledged that such person, as such fiduciary,
executed the same as the voluntary act and deed of such person and of such
fiduciary.
SusAN J MURPHY
OTARY PUBLIC gTATE OF FLORIDA
~: ^pIL2Z211)3,J Notary Public irC'and for~e state of ¢orida
STATE OF IOWA
SS:
JOHNSON COUNTY
On this S day of ~v~.,~c ,2002, before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
Ernest W. Lehman 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 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) No. c,~.- ~o~passed by the City Council, on the E, day of
~, 2002, and that Ernest VV. Lehman 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 it voluntarily executed.
Notary Public in and for the State of Iowa
...SONDRAE FORT
Commission Number 158791~
My Commission E,~3ires
>-7- o:5
Prepared by: John Adam, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa
City, IA 52240; 319-356-5236
ORDINANCE NO. 02-4049
AN ORDINANCE VACATING THE t00 BLOCK OF WEST
HARRISON STREET RIGHT-OF-WAY AND A PORTION
EXTENDING INTO THE FRONT STREET RIGHT-OF-
WAY THEREOF; THAT PART OF HARRISON STREET
BETWEEN THE FRONT STREET RIGHT-OF-WAY AND
THE IOWA RIVER; THAT PART OF THE 100 BLOCK OF
WEST PRENTISS BETWEEN THE WEST RIGHT-OF-
WAY LINE OF MADISON STREET AND THE WEST
RIGHT-OF-WAY LINE OF THE ALLEY IN BLOCK 5 OF
THE COUNTY SEAT ADDITION, EXTENDED; AND THE
ALLEY RIGHT-OF-WAY IN BLOCK 5 OF SAID COUNTY
SEAT ADDITION
WHEREAS, the applicant, the University of Iowa, has
requested that the City vacate parts of Harrison and
Prentiss Streets and an alley between them in the area
adjacent to Front and Madison Streets; and
WHEREAS, the City does not regard these streets as
crucial components of the general or local traffic circulation
system; and
WHEREAS, the University of Iowa has requested the
vacation specifically for the development of property in
Block 5 of the County Seat Addition; and
WHEREAS, the University of Iowa has stated that it
will improve the paving and landscaping in and around said
Block 5 for its own and for civic purposes; and
WHEREAS, it is in the City's interest to vacate said
public right-of-way, or portions thereof, that may be a benefit
to and be improved as a result of redevelopment.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. VACATION: The City of Iowa City hereby
vacates the rights-of-way legally described as follows:
THE 80-FEET-WIDE HARRISON STREET RIGHT-OF-
WAY FROM THE WEST RIGHT OF WAY LINE OF
MADISON STREET TO THE EAST RIGHT-OF-WAY LINE
OF FRONT STREET; ALL OF THE FRONT STREET
RIGHT-OF-WAY LYING EAST OF THE ALLIANT
TRANSPORTATION / CRANDIC RAILWAY RIGHT-OF-
WAY AND BOUNDED ON THE NORTH BY THE NORTH
RIGHT-OF-WAY LINE OF HARRISON STREET
EXTENDED WESTERLY AND BOUNDED ON THE
SOUTH BY THE SOUTH RIGHT-OF-WAY LINE OF
HARRISON STREET EXTENDED WESTERLY; THE 80-
FEET-WIDE HARRISON STREET RIGHT-OF-WAY LYING
WEST OF FRONT STREET AND EAST OF THE IOWA
RIVER; THE 80-FEET-WIDE PRENTISS STREET RIGHT-
OF-WAY FROM THE WEST RIGHT-OF-WAY LINE OF
O~inanceNo. 02-4049
Page 2
MADISON STREET TO THE WEST RIGHT-OF-WAY LINE
OF THE ALLEY IN BLOCK 5, COUNTY SEAT ADDITION,
EXTENDED SOUTHERLY; THE 20-FEET-WIDE PUBLIC
ALLEY RIGHT-OF-WAY IN SAID BLOCK 5 OF COUNTY
SEAT ADDITION; TOGETHER CONTAINING 55,285
SQUARE FEET OR 1.27 ACRES, MORE OR LESS.
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 adjudicated 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 5t.h day of
ATTEST:~
T:',PCD~John A~Active Files\VACO2q30004 ordinance.doc
Ordinance No. 02-4049
Page. 3
It was moved by 0~ Donnel 1 and seconded by Champi on that the Ordinance
as read be adopted, and upon roll call thero were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 10/8/02
Voteforpassage: AYES: Wilburn, Champion, Lehman, 0'Donnell, Pfab, Vanderhoef.
NAYS: Kanner. ABSENT: None.
Second Consideration 10/22/02
Vote for passage: AYES:Vanderhoef, Wilburn, Champion Lehman, 0'Donnell.
NAYS: Kanner. ABSENT: Pfab.
Date published 11/13/02
Prepared by: John Adam, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa
City, IA 52240; 319-356-5236
ORDINANCE NO. 02-4050
AN ORDINANCE VACATING PORTIONS OF
FRONT STREET SOUTH OF BURLINGTON
STREET AND A PORTION OF THE 100 BLOCK OF
WEST PRENTISS STREET
WHEREAS, the applicant, the CRANDIC
Railway Company, has requested that the City vacate
portions of Front Street and West Prentiss Street; and
WHEREAS, the City does not regard these
streets as crucial components of the general or local
traffic circulation system; and
WHEREAS, the conveyance of these rights-of-
way relate to a redevelopment project to be
undertaken by the University of Iowa in areas
contiguous with these rights-of-way; and
WHEREAS, it is in the City's interest to vacate
said public right-of-way, or portions thereof, that may
be a benefit to and be improved as a result of
redevelopment.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. VACATION: The City of Iowa City
hereby vacates the right-of-way legally described as
· follows:
THAT PART OF WEST FRONT STREET IN IOWA
CITY, JOHNSON COUNTY, IOWA LYING ELY OF
OUTLOT 41 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF OUTLOT 41
OF THE ORIGINAL TOWN PLAT, WHICH IS THE
POINT OF BEGINNING; THENCE S 89° 56' 41" E
13~32 FEET ALONG THE S LINE OF THE
BURLINGTON STREET RIGHT-OF-WAY TO 'A
POINT 15.00 FEET W OF THE CENTERLINE OF
AN EXISTING RAILROAD TRACK; THENCE S 0°
06' 13" W 95.91 FEET ALONG A LINE PARALLEL
WITH SAID RAILROAD; THENCE S 4° 02' 40" W
71.73 FEET TO A POINT 15 FEET WLY OF THE
CENTERLINE OF AN EXISTING RAILROAD
TRACK; THENCE S 7° 29' 09" W 65.65 FEET TO A
POINT OF INTERSECTION WITH THE E LINE OF
SAID OUTLOT 41; THENCE 0° 06' 45' E 232.50
FEET ALONG THE E LINE TO THE POINT OF
Ordinance No. 02-4050
Page 2
BEGINNING, CONTAINING 2,332 SQUARE FEET
AND SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
THAT PART OF FRONT STREET IN IOWA CITY,
JOHNSON COUNTY, IOWA LYING ELY OF
OUTLOT 24 OF COUNTY SEAT ADDITION
DESCRIBED AS FOLLOWS: COMMENCING AS A
POINT OF REFERENCE AT THE NW CORNER OF
BLOCK 4, COUNTY SEAT ADDITION; THENCE N
89° 42' 50" W 97.27 FEET ALONG THE S RIGHT-
OF-WAY LINE OF VACATED COURT STREET TO
A POINT 15.00 FEET W OF THE CENTERLINE OF
AN EXISTING RAILROAD TRACK; THENCE S 0°
21' 36" W 329.75 FEET ALONG A LINE PARALLEL
WITH SAID RAILROAD TRACK TO A POINT OF
CURVATURE; THENCE SELY 177.78 FEET ALONG
THE ARC OF A 714.28-FOOT RADIUS CURVE,
CONCAVE ELY (CHORD S 5° 55' 19" E 177.32
FEET) TO THE POINT OF BEGINNING; THENCE
SELY 47.00 FEET ALONG THE ARC OF A 714.28
FOOT RADIUS CURVE, CONCAVE ELY (CHORD S
14° 56' 15' E 46.99 FEET); THENCE S 87° 07' 52" W
12.22 FEET TO A POINT OF INTERSECTION WITH
THE E LINE OF OUTLOT 24 OF SAID COUNTY
SEAT ADDITION; THENCE N 0° 06' 45" E 46.02
FEET ALONG SAID E LINE TO THE POINT OF
BEGINNING AND CONTAINING 269 SQUARE
FEET MORE OR LESS AND SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
THAT PART OF FRONT STREET IN IOWA CITY,
JOHNSON COUNTY, IOWA DESCRIBED AS
FOLLOWS: BEGINNING AT THE NW CORNER OF
LOT 8 OF BLOCK 5 OF THE COUNTY SEAT
ADDITION; THENCE S 0° 06' 45" W 101.29 FEET
TO A POINT 15 FEET ELY OF THE CENTERLINE
OF AN EXISTING RAILROAD TRACK; THENCE N
90 15' 59" W 102.66 FEET ALONG A LINE
PARALLEL WITH SAID RAILROAD CENTERLINE
TO A POINT OF INTERSECTION WITH THE S
RIGHT-OF-WAY LINE OF HARRISON STREET
EXTENDED W; THENCE S 89° 53' 24" E 16,73
FEET ALONG SAID RIGHT-OF-WAY LINE TO THE
POINT OF BEGINNING, CONTAINING 847
SQUARE FEET MORE OR LESS AND SUBJECT
TO EASEMENTS AND RESTRICTIONS OF
RECORD.
THAT PART OF PRENTISS STREET IN IOWA
CITY, JOHNSON COUNTY, IOWA DESCRIBED AS
FOLLOWS: BEGINNING AT THE SE CORNER OF
LOT 5 OF BLOCK 5 OF COUNTY SEAT ADDITION;
THENCE S 80.00 FEET ALONG THE WLY RIGHT-
OF-WAY LINE OF THE ALLEY IN BLOCK 5,
Ordinance No. 02-4050
Page 3
EXTENDED, TO A POINT OF INTERSECTION
WITH THE S RIGHT-OF-WAY LINE OF PRENTISS
STREET; THENCE S 89° 52' 40" W 79.62 FEET
ALONG SAID LINE TO A POINT 15.00 ELY OF
CENTERLINE OF AN EXISTING RAILROAD
TRACK; THENCE N 17e 30' 03' W 84.05 FEET
ALONG A LINE PARALLEL WITH SAID RAILROAD
CENTERLINE; THENCE NLY 102.00 FEET ALONG
THE N RIGHT-OF-WAY LINE OF PRENTISS
STREET TO THE POINT OF BEGINNING,
CONTAINING 7,264 SQUARE FEET MORE OR
LESS AND SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
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 adjudicated
invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage, approv-
al and publication, as provided by law.
Passed and approved this ~th day of
ATTESI:~
Approved by
Cit~ A"ttorney's Office'
T:~C)CD~lohn A~Active Files\VAC02-00003 ordinance.doc
Ordinance No. 02-4050
Page ~
It was moved by Champion and seconded by Vanderhoef that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 1 (~/R/n2
Voteforpassage: AYES: Champion, Lehman, 0'Donne]I, Pfab, Vanderhoe¢, ~i'lburn.
NAYS: Kanner. ABSENT: None.
Second Consideration 10/22/02
Voteforpassage:AYES: Vanderhoef, Wi]burn, Champion, Lehman, 0'Donne]].
NAYS: Kanner. ABSENT: Pfabo
Date published 11/13/02
Prepared by: John Adam, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240;
319-356-5236
ORDINANCE NO, 02-4051
AN ORDINANCE VACATING THE TWENTY-
THREE-FOOT WIDE GRAND AVENUE COURT '
RIGHT-OF-WAY, COMMENCING FROM THE
NORTH RIGHT-OF-WAY LINE OF MELROSE
AVENUE AND EXTENDING NORTHWARD FOR A
DISTANCE OF TWO HUNDRED NINETY-FIVE FEET
WHEREAS, the applicant, the University of Iowa,
has requested that the City vacate part of Grand
Avenue Court adjacent to Melrose Avenue; and
WHEREAS, said portion measures two hundred
ninety-five feet along the north-south axis, by twenty-
three feet along the east-west axis; and
WHEREAS, the City does not regard the street
as a crucial part of the general or local traffic
circulation system; and
WHEREAS, the University of Iowa has
requested the vacation specifically for the
redevelopment of property on the west side of Grand
Avenue Court, which redevelopment includes the
improvement of portions of Grand Avenue Court; and
WHEREAS, it is in the City's interest to vacate
said public right-of-way, oF portions thereof, that may
be a benefit to and be improved as a result of
redevelopment; and
WHEREAS, the property adjacent to the
proposed right-of-way contains a house listed on the
National Register of Historic Places and it is in the
City's interest to protect the City's, the State's and the
country's cultural and histodc resources,
WHEREAS, the Planning and Zoning
Commission recommended vacation of this right-of-
way subject to the preservation of the house and
grounds at the abovementioned property,
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. VACATION: The City of Iowa City
hereby vacates the right-of-way legally described as
follows:
THAT PART OF GRAND AVENUE COURT IN
GRAND AVENUE COURT ADDITION TO IOWA
CITY, JOHNSON COUNTY, IOWA (FINAL PLAT
RECORDED IN BOOK 3, PAGE 101 AT THE
Ordinance No. 02-4051
Page 2
JOHNSON COUNTY RECORDER'S OFFICE),
LYING NORTH OF MELROSE AVENUE AND
SOUTH OF THE NORTH LINE OF LOT 4 OF SAID
GRAND AVENUE COURT ADDITION EXTENDED
VVESTERLY TO THE NORTHEAST CORNER OF
LOT 15 OF SAID GRAND AVENUE COURT
ADDITION, COMPRISING 6,785 SQUARE FEET,
MORE OR LESS.
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 adjudicated
invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage, approv-
al and publication, as provided by law.
Passed and approved this 5th day of
ATTEST:~
Approved by
Cit~ ~ftorney's O~lice --
T:~°CD"John A'~,ctive Files\VAC02-00003 ordinance.doc
Ordinance No. 02-4051
Page 3
It was moved by 0' Donnel 1 and seconded by (;hampion that the Ordinance
as road be adopted, and upon roll call there wero:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
~{ Pfab
~ Vanderhoef
× Wilbum
First Consideration 10/29/02
Vote for passage: AYES: Lehman, O'Donne]], Pfab, Champion, NAYS: Kanner,
Vanderhoef, t~i]burn. ABSENT: None.
Second Consideration ll/4/OZ
Voteforpassage:AYE$: O'Donne]], Pfab, Champion, Lehman. NAYS: Kanner,
Vanderhoef, Wi]burn. ABSENT: None.
Date published 11/13/02
Presentation to the Iowa City Council at their 11/05/02 meeting by Jean
Walker, a member of the Melrose Avenue neighborhood
Please don't vacate Grand Avenue Court.
It is UNNECESSARY.FOR THE NEEDS OF THE UI TO GET THE ALC BUILT - even
Doug True alludes to that in his October 17 letter. All they need is
permission to make elevation changes to the it - which the City says are
feasible (and would be needed whether the street was vacated or not).
Any other reason to give the Court to the UI, would be to satisfy the Ul's
agenda (which has been largely hidden) to convert that area into a
pedestrian campus. This feels to me like a variation of "bait and switch".
On th.e other hand, wfi, the citizens of Iowa City, nEED the Court to ?
alleviate traffic flow!f at least until the traffic study proves otherwise.
There have been several very disturbing aspects to this whole process:
It started with behind-closed-door sessions between the UI and the City
Staff, which the UI acted on, without telling the Council or the citizens of
Iowa City or getting Council's vote or public input. Thus they started
building the ALC assuming they would get the street. You should be aware
that if you give the street to the UI, a precedent will be established that if
someone builds a building too close to a City street the Council gives them
the street.
There are still many questions left unanswered that should be answered
before the Ci_ty gives away one of OUR streets. Some of these questions
were asked in the 40 emails from the public (received since last Friday)
asking the Ci.ty to defer vacation and none of which asked FOR the
vacation. (And it was amazing that there were as many as 40 because the
vrocess was expedited in such haste that the public at large didn't have
adequate time to respond.)
It does not seem that the UI cares at all about any of the citizens
(including their own employees) who travel in the area, whether they get
hung up in traffic or not. If they were concerned, they would have, in
exchange for closing the street, stepved forward to offer a solution to the
hold-ups, such as giving the City some land from their surface parking lots
at the Grand/Melrose junction to alleviate the traffic hold-ups there.
And it's hard not to conclude that some of the Council members admire
the UI so much that they don't do their duty of looking out for the
interests of all the citizens and are ready to give the city's street away to
the UI when it's not even necessary_.
And it's hard from this not to feel that, in this instance at least, the
citizens of Iowa CiW are !ust "the little people" who are secondary_ to the
decisions of the Council and the UI.
So, once again, I ask that you ~lefer the vote to vacate Grand Avenue Court
until questions are adequately answered and the traffic study is complete.
Thank you,
.lean Walker
337-5201
Marian Karr
From: WalkerslC@aol.com
Sent: Tuesday, October 29, 2002 11:37 AM
To: cou ncil@iowa-city.org
Subject: Grand Ave Ct
SpecSess doc
Dear Council Members:
Here is a copy of the presentation I made to the Special Session this
morning. It is included both as an attachment and en~Dedded in this email.
Thank you,
Jean Walker
*** eSafe scanned this email for malicious content ***
*** IMPORTANT: Do not open attachments from unrecognized senders ***
Presentation to the Iowa City City Council at their 10/29/02 Special Session, by Jean Walker, a
member of the Melrose Avenue neighborhood.
(Note: Phrases are put in capitals mostly because underlining does not come across in email
messages that I send. I apologize if it appears that I am shouting - I am purely emphasizing these
points.)
I am quite disappointed that the Council is having this special session to reconsider the vote to
vacate part of Grand Avenue Court. You had already voted, for good reasons in my opinion, to
delay this consideration until a study was made of the traffic flow in the area.
I believe this reversal was as a result of the 10/17/02 letter from the University of Io~va's Douglas
True where he described the dilemma the university finds itself in as to how to proceed with the
design of the Athletic Learning Center. In it, as I understand it, he ADMITS that the university
went ahead with the building on the ASSUMPTION that the Council would comply with its
request - and he continues by absolving the university professionals of any wrong-doing.
So I ask, who in the university authorized the builders to build where they are building? If an
ordinary citizen built a building in the wrong place or failed to get the required permission, a
notice would be put on the building for further construction to be halted immediately.
Then, after the university started building without the requisite clearance from the Council, Mr.
True had the temerity to dismiss the importance of the Court to local traffic and say that the delay
to vacate was "disturbing and difficult to understand". I think the university should be
apologizing to the City and, in particular to the neighborhood (which includes the daycare
centers, the cultural centers, the Law School, and the Mormon Institute, as well as the Lucon
Drive residents), instead of putting pressure on the Council to reverse their decision to postpone
considering the vacation. And I'd like to add that in a letter to Council 22 days ago, I suggested
that the university cease construction until this matter had been resolved. The City did not act on
this suggestion and the university kept building, I think, in part, because they knew that the more
they built, the more pressure would be on the Council to give them what they wanted.
Mr. True's letter is peppered with phrases biased in the university's favor, such as "this
reasonable request" and "more appropriate current design". One needs to ask, "reasonable" and
"more appropriate" in whose view and to whose advantage?
In summary (and this is an incomplete rebuttal due to the extreme haste in which this special
session was arranged), THREE WRONGS DO NOT MAKE A RIGHT.
The first wrong: I believe the university knowingly started building the Center without necessary
Council agreement for vacation and they expect the City to vacate part of the Court to rectify
THE CALCULATED RISK they took in building it where they built it - (and they could easily
have built it a little further to the west so that no vacation would be necessary).
The second wrong: The Planning & Zoning Commission approved the vacation without studying
all the facts concerning it.
The third wrong: If the City vacates the Court and hands it over to the university now, the City
cannot subsequently condemn the Court (due to State laws governing the university) for any re-
alignment of Grand Avenue-Melrose Avenue that would involve the Court, that could emerge
from the six-month study.
So I STRONGLY believe the Council would be ABROGATING ITS RESPONSIBILITY to
ALL citizens of Iowa City (including university personnel traveling to and from work as well as
all the people traveling west on Melrose Avenue from Grand Avenue) if it considers voting to
vacate any portion of the Court until after the study is complete.
A final note: THE DATE OF THE START OF THE SIX-MONTH STUDY NEEDS TO BE
ESTABLISHED. I would presume it would be the date that the consultant is hired and begins
actual work on the project.
COMMENTS ADDITIONAL TO THOSE PRESENTED BY ME AT THE SPECIAL
SESSION:
Mr. True states that "with great misgivings" and "to show (their) good faith to the City" he
authorized a commitment to participate in a traffic study and to preserve the Cannon-Gay house
now owned by the university. I think such sentiments reveal a gross disregard for the well-being
of the neighborhood and the wishes of many people throughout the City.
If the university cared about the neighborhood and the City, I feel that, instead, they should have
kept the City more closely advised of their plans, both short- and long- term. They should have
realized that citizens of Iowa City worked years ago to put the Cannon-Gay house on the Historic
Register for preservation COMPLETE, AS IS, AND IN ITS PRESENT LOCATION. Therefore,
I don't feel it is very magnanimous of the university to agree to preserve the house, as they give
every indication of stripping it of all but its oldest parts and moving it.
Mr. True points to the university's "enormous and costly efforts to preserve the heritage of the
community and university". It is as yet undisclosed how the university would pay for the
stripping of the historic house and its removal. Will it use private donations? Or will it use
money from taxpayers, against the wishes of a body of local taxpayers?
I suggest a solution both for how the university can truly show its concerns for the community,
for the preservation of the community's heritage, and for not spending taxpayer money in an
unnecessary way, especially in this time of budget cutbacks by the State:
LEAVE THE HOUSE, INTACT, WHERE IT IS.
Thank you,
Jean Walker
337-5201
Marian Karr
From: Bob Ramsey [rramsey@soli.inav.net]
Sent: Tuesday, November 05, 2002 10:33 AM
To: ipfab@avalon.net
Cc: cou ncil@iowa-city.org
Subject: AGAINST VACATING Grand Avenue Court
I just wanted to say that I think you should vote AGAINST vacating Grand
Avenue Court. I drive that section of Melrose/Byington/Burlington/Grand
Avenue on a daily basis and will be directly adversely affected by the
closing of that street.
A south only one way street at Grand Avenue would solve the problem nicely.
As it is now, traffic backs up for blocks at the stop sign where
Burlington/Grand meets Melrose and people try to turn left on to
Melrose. This is already a point of frustration because of the odd traffic
stop at this intersection. People going west on Melrose have a stop sign,
people turning west on to Melrose from Burlington/Grand don't have to yield
to anyone, people turning east on to Melrose from Burlington/Grand must
yield to traffic from the west, and people going east on Melrose don't have
to stop at all. If you think that sounds confusing, you should try driving
there at rush minute with people from out of town!
Vacating Grand Avenue would exacerbate traffic problems and create even
more headaches for commuters.
I strongly urge you to vote AGAINST VACATING Grand Avenue Court. On today
of all days, council members should remember that they exist to serve their
constituents and that they can easily be voted out of office.
Thank you,
Bob Ramsey
Marian Karr
From: Jim Spratt [ttarpsj@yahoo.com]
Sent: Monday, November 04, 2002 7:08 PM
To: cou ncil@iowa-city.org
Subject: Grand Avenue Court
Don't understand why you want to vacate a street
witheut full information! A request from one segment
of University services administration is not a request
from the real University {the faculty, students, and
staff). Jean Walker (don't know her) implied much more
future changes in mind en West campus by some at UI.
Do you knew all of those plans? If you don~t, you have
no delegated right to permanently close and vacate any
street te the detriment ef beth the real University
and the citizens ef Iowa City.
Please take your responsibilities seriously.
Truly yeurs,
Jim Spratt
653 Larch Lane
Professor Emeritus
Do you Yahoo!?
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Marian Karr
From: Martha Gordon [Martha-Gordon@uiowa.edu]
Sent: Monday, November 04, 2002 9:25 PM
To: cou ncil@iowa-city.org
Subject: Grand Ave Court
Please postpone the decision to vacate Grand Avenue Court and give it to
the University of Iowa. Please complete a study of the traffic in the area
first. I used to use Grand Ave Ct. on my way to work and avoid driving up
to the field house, now that the construction is going on and Grand Ave has
been closed temporarily, my trip to work has become longer and traffic
congestion by the field house is worse. I urge you not to close that
street permanently.
Thank you.
Martha Gordon
employee at the Law School
Marian Karr
From: Hogan, Maggie [MHogan@canine.dentistry.uiowa.edu]
Sent: Tuesday, November 05, 2002 2:39 PM
To: 'council@iowa-city.org'
Subject: Vacation of Grand Avenue Court
Council Members, As a concerned Iowa Citian and University of Iowa
employee, I am asking you to please postpone your vote on the vacation of
Grand Avenue Court. I am very afraid that a hastily made decision at this
time will come back to haunt the city. I don't think a delay on this vote
could be considered "rude" as it is feared by certain council members. Mr.
True of the University expressed shock and dismay that this delay of
decision would hold up progress on the Athletic Learning Center.
Considering that the plans for this building have to have been in the works
for a couple of years, I feel that if anyone is rude here it is the
University, who has waited until the last possible moment to request the
vacation. Please take the time necessary to fully understand the long range
repercussions of your vote before approving this matter. Sincerely, Mary
Margaret Hogan
November 4, 2002
TO: Iowa City City Council
From: Kay Burke
505 Brookland Park Drive
Iowa City
RE: Grand Avenue Court
I am very concerned at how quickly you are willing to vacate Grand Avenue Court, forever,
before a study is completed on the traffic flow in this area. I believe this displays a gross short-
sightedness that you may well regret later. Certainly, to request that a final decision be delayed
for six months while a traffic study is completed comes under the heading "reasonable." To act
otherwise makes one question whether the demands of the university community take priority
over what is best for the citizens of Iowa City. University staffhas stated that it could complete
the building without closing the street. It would seem, then, that the only wise decision is to
immediately begin a study of the traffic in this area, and after that is completed make a final
decision about Grand Avenue Court.
Kay Burke
Marian Karr
From: Amy Butler [amy-c-butler@uiowa,edu]
Sent: Tuesday, November 05, 2002 7:10 PM
To: counci[@iowa-city.org
Subject: Grand Ave. Court
Dear Mr. Pfab and members of the council,
I live on Melrose Court and I am concerned about the implications of
closing Grand Avenue Court. I hope that city council will stand up to the
university and conduct a study of these implications before they agree it
allow it the street be closed.
Thank you.
Amy Butler
326 Melrose Ct.
Iowa City
cc: council@iowa-city.org
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., iowa City, IA 52240 (319) 356-5030
Ordinance No,
AN ORDINANCE AMENDING TITLE 14, CHAPTER g, ENTITLED "AIRPORT ZONING" BY REPEALING THE
EXISTING CHAPTER IN 1TS ENTIRETY AND REPLACING SAME WITH A CHAPTER REGULATING AND
RESTRICTING THE USE AND HEIGHT OF STRUCTURES AND OBJECTS OF NATUKAL GROWTH IN THE VICINITY
OF THE IOWA CITY MUNICIPAL AIRPORT BY CREATING APPROPRIATE ZONES AND ESTABLISHING
BOUNDARIES THEREOF: DEFINING CERTAIN TERMS USED HEREIN: REFERRING TO TbIE IOWA CITY
MUNICIPAL AIRPORT ZONING IVIAP, AS AMENDED, WHICH MAP IS ADOPTED BY THIS ORDINANCE:
ESTABLISHING AN AIRPORT ZONING COMMISSION: ESTABLISHING AN AIRPORT ZONING BOARD OF
ADJUSTMENT: PROVIDING FOR ENFORCEMENT: AND IMPOSING PENALTIES.
WHEREAS, it is hereby found that the Government of the United States of America has taken unto itself
the sole authority to regulate the operation and control of aircraft in flight, and has enacted certain federal
regulations for the purpose of protecting the health, safety and general welfare of persons on the ground
and of occupants of aircraft in flight, and the property of those persons; and
WHEREAS, the health, safety and general welfare of the residents and occupants of the City of Iowa
City, Iowa, and Johnson County, Iowa, and the users of the Iowa City Municipal Airport, depend upon
the knowledge of, and adherence to, federal regulations that have been enacted; and
WHEREAS, Obstructions in the pathway of aircraft in flight, and certain uses of the land t/nderlying
those pathways constitute a hazard to the health, safety and general welfare of the occupants and users of
the land, and to the property of said occupants and users. The creation, establishment or maintenance of
such hazards is a public nuisance and an injury to the people of the City of Iowa City, and Johnson
County, and
WHEREAS, Failure to adhere to the established principles and practice of safe use of the airspace and
land in the vicinity of the Iowa City Municipal Airport could impaix~ or destroy the utility of the Airport
and the public investment therein; and
WHEREAS, for the health, safety and general welfare of the residents and occupants of the City of Iowa
City, Iowa, and Johnson County, Iowa, this ordinance is adopted pursuant to the authority conferred upon
the City of Iowa City, and the Johnson County Board of Supervisors by the provisions of Chapter 329 of
the Iowa Code, granted to municipalities, and relating to the prevention of hazards and non-compatible
land uses in the vicinity of airports by establishing Airport Zoning Regulations..
NOW, THEREFORE, BE IT ORDAiNED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION 1. AMENDMENT.
I. Title 14, Chapter 8, entitled "Airport Zoning", Articles AthroughD, entitled "General Airport Zoning
Provisions", "Airport Zones", "Administration and Enforcement" and "Modifications, Exceptions and
Variances", respectively, are hereby repealed in their entirety (including all sections contained
therein), and a new Title 14, Chapter 8, entitled "Airport Zoning", Article A, entitled "Airport Zoning
Provisions" is hereby adopted as follows:
1. Adopting a new Section 14-8A-1 entitled "SHORT TITLE": as follows: This ordinance and
resolution shall be known and may be cited as "The Iowa City Municipal Airport Zoning
Ordinance" or "The Airport Zoning Ordinance."
2. Adopting a new Section 14-8A-2 entitled "PURPOSE": as follows: The purpose of this Chapter
shall be to:
A. Exercise, to the fullest extent possible, the powers granted to municipalities under the Code
of Iowa, as amended, and to codify existing regulations of the Federal Aviation
Administration relating to land uses incompatible with or constituting a hazard to aviation at
the Iowa City Municipal Airport.
B. Promote the public health, safety, order, convenience, prosperity and general welfare through
the prevention of obstructions and non-compatible land uses, to the extent legally possible, by
proper exercise of the police power, without compensation.
C. Achieve the mitigation of non-compatible uses and hazards to safe air navigation through
prevention, removal, or alteration, through the marking and lighting of obstructions, which
are public purposes for which the City of Iowa City, and Johnson County may raise and
expend public funds, or through the acquisition of land or interests in land; to that end, the
City Council of Iowa City and the Board of Supervisors of Johnson County hereby declare
that:
1. A hazard created by failure to comply with the provisions of this ordinance may be
abated in the manner prescribed by law for the abatement of public nuisances; and
2. Neither political subdivision shall become liable for the expenditure of its public funds
unless such expenditure shall have been approved in advance by its governing body.
3. Adopting a new Section 14-8A-3 entitled "DEFINITIONS": as follows: For the purposes of this
ordinance, the following definitions shall apply unless the context requires otherwise. In each
case the singular shall include the plural and the plural shall include the singular.
AERIAL NAVIGATION - The movement of an aircraft through the air.
AIRCRAFT - Any human controlled contrivance used or designed for carrying humans in flight
through the air, but not including parachutes.
AIRPORI - The Iowa City Municipal Airport
AIRPORT COMMISSION - The Iowa City Municipal Airport Commission or its duly appointed
representative.
AIRPORT ELEVATION -- 684-feet (MSL).
AIRPORT HAZARD -- Any structure, or tree, or use of land, which would exceed the Federal
obstruction standards as contained in 14 CFR FAR, Part 77, and which obstructs or is otherwise
hazardous to the landing or departure of any aircraft at the Airport, or hazardous to persons or
property on the ground. Any structure or tree that the Federal Aviation Administration has found,
or determined, to be a hazard.
AIRPORT HAZARD AREA - Any area of land or water upon which an airport hazard might be
established if not prevented as provided by this ordinance.
AIRPORT ZONrN6 MAP - The Iowa City Municipal Airport Zoning Map, dated March 25, 2002,
and as thereafter amended by ordinance, which Map is adopted by this Ordinance and which Map
is on file in the Office of the City Clerk, Iowa City, Iowa.
BUILDING OFFICIAL - The Building Official of Iowa City, Iowa, or a duly authorized designee
thereof.
CITY - The City of Iowa City, Iowa.
COUNTY - Johnson County, Iowa.
FEDERAL AVIATION ADMINISTRATION (FAA) - An agency of the United States Government that
administers the Federal regulations that relate to the use and flight of aircraft, and related
regulations. The location of the controlling FAA office may be found in Appendix 1 of this
ordinance.
INNER EDGE - That edge of any zone that is closest to the runway end to which the zone applies.
The inner edge is perpendicular to the runway centerline. The elevation of each inner edge is the
same as the elevation of the runway threshold to which it applies, and which is depicted on the
Airport Zoning Map, dated March 25, 2002, and as thereafter amended by ordinance, which Map
is adopted by this Ordinance and which Map is on file in the Office of the City Clerk, Iowa City,
Iowa.
MSL - Altitude above mean sea level.
NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION - A requirement of 14 CFR Ch. 1. Part
77, providing for persons who propose any kind of construction or alteration of the type described
in the section to provide notice to the FAA of such action. A copy of Part 77 may be found in
Appendix III of this ordinance.
NON-COMPATIBLE USE - Any activity that would degrade the safety of people on the ground, or
occupants of aircraft in flight, including but not limited to, storage of hazardous materials, above
ground storage of flammable liquids in excess of 660 gallons, and those that lead to an assembly
of people, including, but not limited to, residences, theaters, churches, schools, athletic fields,
camp grounds, hospitals, office buildings, shopping centers, hotels and motels, and other uses
with similar concentrations of persons.
NON-CONFORMING STRUCTURE - Any structure or portion of any structure that is located within
or underlying any of the zones created by this ordinance and that does not conform to the height
and/or use provisions of this ordinance.
OBSTRUCTION - Any structure or tree, the height of which exceeds that which is allowed by this
ordinance.
PERSON - Any individual, firm, co-partnership, corporation, company, association, joint stock
association, or body politic, and includes any trustee, assignee or other similar representative
thereof.
RUNWAY THRESHOLD - A designated point on any Airport runway that establishes the end of the
runway. The Runway Threshold may or may not correspond with the end of the paved portion of
the runway.
STP, UCTURE - Any object, whether permanent or temporary, stationary or mobile, constructed or
installed by humans, including but not limited to; buildings, towers, smokestacks, scaffolds,
lighting fixtures, public and private roads, railways, and overhead transmission lines, including
poles or other structures supporting the same.
TREE - Any object of natural growth.
ZONING ADMINISTRATOR - The Zoning Administrator of Johnson County, Iowa, or a duly
.authorized designee thereof.
4. Adopting a new Section 14-8A-4 entitled "AIRPORT ZONES": as follows: In order to carry out
the provisions of this section there are hereby created and established certain zones which are
adopted and described herein, and ~vhich are depicted on the Iowa City Airport Zoning Map,
dated March 25, 2002, and as thereafter amended by ordinance, which Map is adopted by this
Ordinance and which Map is on file in the Office of the City Clerk, Iowa City, Iowa. Any
structure or tree located in more than one zone is considered to be only in the zone with the more
restrictive height and use limitation. The various zones hereby established and defined are as
follows.
A. Approach Overlay Zone- (AO) Defined. The airspace above a sloping plane extending
outward from each end of each runway, rising uniformly at a fixed ratio, and of fixed size,
through which aircraft commonly operate when arriving at, and departing from, the Airport. AO
zones vary in size and slope based upon the present or future use that can be expected for each
Airport runway. The AO Zones at the Airport are as follows:
1. Runway 25 (AO25) - Beginning 200 feet beyond the runway threshold to the northeast, and
centered on the extended centerline of the runway, the inner edge of the zone is 1,000 feet
wide, expanding uniformly to an outer edge width of 16,000 feet. The altitude of the inner
edge is the same as the altitude of the runway threshold at the centerline, as depicted on the
Airport Zoning Map. For each 50 feet of horizontal distance, the floor of the zone rises from
the inner edge one foot (50:1) for a horizontal distance of 10,000 feet, and then rising, for
each 40 feet of horizontal distance, one foot (40:1.) for an additional distance of 40,000 feet.
2. Runway 7 (AO7) - Beginning 200 feet beyond the paved portion at the end of the runway and
centered on the extended centerline of the runway, the inner edge of the zone is 1,000 feet
wide, expanding uniformly to an outer edge width of 1,500 feet. The altitude of the inner
edge is the same as the altitude of the runway threshold at the centerline, as depicted on the
Airport Zoning Map. For each 20 feet of horizontal distance, the floor of the zone rises from
the inner edge one foot (20:1), continuing for a total horizontal distance of 5,000 feet.
3. Runway 30 (AO30) - Beginning 200 feet beyond the threshold at the southeast end of the
runway and centered on the extended centerline of the runway, the inner edge of the zone is
500 feet wide, expanding uniformly to an outer edge width of 3,500 feet. The altitude of the
inner edge is the same as the altitude of the runway threshold at the centerline, as depicted on
the Airport Zoning Map. For each 34 feet of horizontal distance, the floor of the zone rises
from the inner edge one foot (34:1), for a total horizontal distance of 10,000 feet.
4. Runway 12 (AO12) - Beginning 200 feet beyond the paved portion at the end of the runway
and centered on the extended centerline of the runway, the inner edge of the zone is 500 feet
wide, expanding uniformly to an outer edge width of 1,500 feet. The altitude of the inner
edge is the same as the altitude of the runway threshold at the centerline, as depicted on the
Airport Zoning Map. For each 20 feet of horizontal distance, the floor of the zone rises from
the inner edge one foot (20:1), continuing for a total horizontal distance of 5,000 feet.
5. Runway 36 (AO36) - Beginning 200 feet beyond the paved portion at the south end of the
runway and centered on the extended centedine of the runway, the inner edge of the zone is
500 feet wide, expanding uniformly to an outer edge width of 3,500 feet. The altitude of the
inner edge is the same as the altitude of the runway threshold at the centerline, as depicted on
the Airport Zoning Map. For each 34 feet of horizontal distance, the floor of the zone rises
from the inner edge one foot (34:1), for a total horizontal distance of 10,000 feet.
6. Runway 18 (AOIS) - Beginning 200 feet beyond the threshold at the north end of the runway
and centered on the extended centerline of the runway, the inner edge of the zone is 500 feet
wide, expanding uniformly to an outer edge width of 1,500 feet. The altitude of the inner
edge is the same as the altitude of the runway threshold at the centerline, as depicted on the
Airport Zoning Map. For each 20 feet of horizontal distance, the floor of the zone rises from
the inner edge one foot (20:1), continuing for a total horizontal distance of 5,000 feet.
7. Height Limitations:
a. Except as otherwise provided herein, no person shall construct or alter any structure, nor
plant or grow any tree, so as to penetrate any Approach Overlay Zone created herein.
b. No person shall establish or maintain any private roadway in any location that would result
in penetration of any AO zone by any portion of any vehicle that shall be permitted to operate
upon such roadway.
B. Controlled Activity Zone- (CA) Defined. An area of fixed size, underlying the innermost
portion (closest to the runway end) of the AO zone for that runway, descending from the floor of
the AO zone to the ground. The width and length of CA zones may vary, and may be different on
each runway end. The CA zones for the Airport are as follows:
1. Runway 25 (CA25)- Underlying the innermost 1,700 feet of the AO zone at the northeast end
of the runway, the width of the CA zone is 1,000 feet at the inner edge and expands
uniformly to a width of 1,510 feet
2. Runway 7 (CA7)- Underlying the innermost 1,700 feet of the AO zone at the southwest end
of the runway, the width of the CA zone is 500 feet at the inner edge and expands uniformly
to a width of 1010 feet.
3. Runway 30 (CA30) - Underlying the innermost 1,000 feet of the AO zone at the southeast
end of the runway, the width of the CA zone is 500 feet at the inner edge, expanding
uniformly to a width of 700 feet.
4. Runway 12 (CA12) - Underlying the innermost 1,000 feet of the AO zone at the northwest
end of the runway, the width of the CA zone is 500 feet at the inner edge, expanding
uniformly to a width of 700 feet.
5. Runway 36 (CA36) - Underlying the innermost 1,000 feet of the AO zone at the south end of
the runway, the width of each CA zone is 250 feet at the inner edge, expanding uniformly to a
width of 450 feet.
6. Runway 18 (CA18) - Underlying the innermost 1,000 feet of the AO zone at the north end of
the runway, the width of the CA zone is 250 feet at the inner edge, expanding uniformly to a
width of 450 feet.
7. Use Limitations:
a. No person shall establish or maintain any non-compatible use in any Controlled Activity
Zone.
b. No structures, other than airpgrt structures, the location of which is dictated by function,
either permanent or temporary, shall be permitted in any portion of any Controlled Activity
Zone on land that is the property of the City of Iowa City, Johnson County, or The State of
Iowa.
C. Horizontal Overlay Zone (HO) Defined The airspace above a horizontal plane, the perimeter
of which is established by swinging arcs of 10,000 foot radii from the center of the inner edge of
the AO zones of runways 25, 30, and 36, and an arc of 5,000 foot radius from the center of the
inner edge of the AO zone of runway 12, 7, and 18, and connecting the adjacent arcs by lines
tangent to those ams. The floor of the HO zone is 150 FT above the Airport elevation, or 834 feet
above mean sea level.
1. Height Limitation:
Except as otherwise provided herein, no person shall construct or alter any structure, or plant
or grow any tree, so as to penetrate the Horizontal Overlay zone created herein.
D. Transitional Overlay Zone (TO) Defined The airspace above a sloping plane along each side
of each runway, and from the sides of each AO zone. For each 7 feet horizontally the floor of the
zone rises at the rate of 1 foot of elevation (7:1) The TO zones for the Airport are as follows:
1. Runway 25 (TO25) - Along each side of the runway, beginning at a point 500 feet from the
center line of the runway and at right angles to the runway center line, and from each side of
the AO zone at the northeast end of the runway, at right angles to the extended runway center
line. The TO zone is interrupted at the point where it intersects the HO zone, and resumes at
the outer edge of the CO zone (see Section III, E, below) and continues outward at right
angles to the extended runway center line, for a distance of 5,000-feet from the outer edge of
the AO zone.
2. Runway 7 (TO7) - Along each side of the runway, beginning at a point 500 feet from the
center line of the runway and at right angles to the runway center line, and from each side of
the AO zone at the northwest end of the runway, at right angles to the extended runway
center line. The TO zone ends at the point where it intersects the HO zone.
3. Runway 30/12 (TO30/12) - Along each side of the runway, beginning at a point 250 feet from
the center line of the runway and at right angles to the runway center line, and from each side
of the AO zone at each end of the runway at right angles to the extended runway center line.
The TO zone ends at the point where it intersects the HO zone.
4. Runway 36/18 (TO36/18) - Along each side of the runway, beginning at a point 250 feet from
the center line of the runway and at right angles to the runway center line, and from each side
of the AO zone at each end of the runway, at right angles to the extended runway center line.
The TO zone ends at the point where it intersects the HO zone.
5. Height Limitations:
a. Except as otherwise provided herein, no person shall construct or alter any structure, or
plant or grow any tree, so as to penetrate any Transitional Overlay zone created herein.
b. No person shall establish or maintain any private roadway in any location that would
result in penetration of any Transitional Overlay zone by any portion of any vehicle that shall
be permitted to operate upon such roadway.
E. Conical Overlay Zone (CO) .Defined The airspace above a sloped horizontal plane beginning
at the periphery of the HO zone. For each 20 feet horizontally, the floor of the zone rises one foot
in height (20:1) for a horizontal distance of 4,000 feet.
1. Height Limitations:
Except as otherwise provided herein, no person shall construct or alter any structure, or plant
or grow any tree, so as to penetrate the Conical Overlay zone created herein.
5. Adopting a new Section 14-8A-5 entitled "GENERAL ZONING REGULATIONS" as follows:
A. Except as otherwise provided herein, no person shall construct or alter any structure in any
zone created herein without having first obtained a building permit from the Building Official, or
a Zoning Permit from the Zoning Administrator. No person shall be issued a permit for any
construction or alteration in any AO, CA, or TO zone, without a determination or finding from
the FAA, pursuant to the submission of an applicable Notice of Proposed Construction or
Alteration. (See Section 14-8A-6, below.) Such finding or determination must not find or
determine that the proposed construction or alteration:
1. Would create a hazard.
2. Would endanger the general safety, health and welfare of persons in the vicinity of the
Airport, or occupants of aircraft in flight.
3. Would result in the raising of the minimum instrument flight altitude of any Federal Airway,
approved off-airway route, or instrument approach procedure to the Airport.
B. Except as otherwise provided herein, no change in the use or occupancy of land, or change of
use or occupancy in an existing building or in any zone created herein shall be made, nor
shall any new building be occupied until an occupancy permit has been issued by the
Building Official or Zoning Administrator. No occupancy permit obtained for a specific use
shall apply to any other use.
C. No person shall be issued an occupancy permit for any non-compatible use in any CA zone.
D. No person shall establish or maintain any private roadway in any location that would result in
penetration of any zone created herein by any portion of any vehicle that shall be permitted to
operate upon such roadway.
E. Within 5.000-feet of the nearest point of the nearest Airport runway, no person shall establish
or maintain any structure or use that would create a bird strike hazard.
F. Notwithstanding any other provision of this ordinance, no person shall, in any zone created
by this ordinance, or upon any land or water underlying such zones:
1. Establish any putrescible waste landfill.
2. Create, alter, or maintain any structure or use in such a manner ag to create electrical or radio
interference with aviation navigational signals or aircraft communications.
3. Install, align or use any lighting devices that make it difficult for pilots to distinguish between
airport lights and others, create glare in the eyes of pilots, or otherwise impair visibility.
4. Produce steam, smoke, or other visual hazard that would impair visibility.
5. Create, alter, or maintain any structure or use that would endanger or interfere with landing,
takeoff or maneuvering of any aircraft.
6. Plant, or allow the growth of, any tree, which, during the normal life cycle of such tree, can
be expected to grow into any zone created herein.
6. Adopting a new Section 14-8A-6 entitled "LIGHIING AND 1MAPd~NG" as follows:
A. Notwithstanding any other provision of this ordinance, any person constructing or altering any
structure located in any zone created by this ordinance shall install all lighting or markings upon
said structure as shall be recommended by the FAA as a part of its review of the applicant's
Notice of Proposed Construction or Alteration. Such lighting or markings shall be made in a
manner consistent with FAA Regulations and Advisories.
B. Any permit or variance granted under the provisions of this ordinance may be so conditioned so
as to require the owner of the land, structure, or tree in question to permit the City or County to
install, and/or operate and maintain such lighting and/or markings as the City or County deems
necessary to indicate to operators of aircraft the presence of an airport obstruction.
7. Adopting a new Section 14-8A-7, entitled "ADMiNISTRATIVE PROCEDURE" as follows:
A. The Building Official or Zoning Administrator shall perform the administration of these zoning
regulations.
B. Any person who proposes to construct or alter any structure in or underlying any AO, CA, or TO
zone created herein, and who is required to provide Notice of Proposed Construction or
Alteration to the Administrator of the FAA by requirements of Part 77, shall furnish to the
Building Official or Zoning Administrator, a copy of said notice.
C. Except as otherwise provided herein, the Building Official or Zoning Administrator shall not
issue any building permit or occupancy permit without fncst:
1. In any AO, CA, or TO zone created herein, having received from the applicant a copy of the
applicable Notice of Proposed Construction or Alteration as provided to the FAA, and the
corresponding finding or determination from the FAA that the proposed construction or
alteration complies with SECTION IV of this ordinance.
2. Having determined that the proposed use is consistent with the zoning provisions contained
herein.
8. Adopting a new Section 14-8A-8, entitled "EXCEPTIONS:" as follows: No Notice of Proposed
Construction or Alteration is required to be submitted to the FAA or to the Building Official or Zoning
Administrator for a building permit for construction or alteration of any structure when the Building
Official or Zoning Administrator has determined that:
A. The proposed structure meets the requirements for shielding. Each and all of the following
requirements are required for a determination of shielding:
1. The property upon which the construction or alteration is proposed is located within the
congested area of a city.
2.The proposed structure does not lie within any CA zone.
3.There exists a structure or structures ora permanent and substantial nature at least as tall and at
least as wide as the proposed structure, and which lie(s) between the location of the proposed
construction or alteration, and a point on the runway centerline at the threshold of the closest
end of the closest runway of the Airport.
4. The shielding structure is within 500 feet of the structure that is proposed for construction or
alteration.
5. It is evident beyond a reasonable doubt that the shielded structure will not adversely affect
aerial navigation.
B. The proposed structure is an antenna that is no greater than 20 feet in height, and does not increase
the height of an existing antenna structure.
C. The proposed structure is an airport, aerial navigation, or meteorological device, of a type
approved by the FAA, the location and height of which is fixed by function.
D. No Notice of Proposed Construction or Alteration is required because the proposed structure
does not lie within 20,000-feet of the nearest point of the nearest runway, or docs not penetrate an
imaginary surface, beginning at the nearest point of the nearest runway and at the elevation of the
runway threshold, rising one foot in elevation for each 100 feet of horizontal distance (100:1.)
This exception does not apply to structures located in any CA Zone.
E. Them exists an emergency, involving essential public services, public health, or public safety,
that requires immediate construction or alteration, providing that the applicant complies with the
requirements of 14 CFR FAR, Part 77.17 (d) (See Appendix III).
9. Adopting a new Section 14-8A-9, entitled "NON-CONFORMITIES", as follows:
A. The regulations proscribed herein are not retroactive and shall not be construed to require the
removal of any tree, or the reconstruction or alteration, or the discontinuation of any use of any
structure made non-conforming by the adoption of this ordinance.
B. Nothing contained herin shall require any change in the construction or alteration, or the
intended use of any structure, the construction or alteration of which was begun prior to the
effective date of this ordinance, and which was conforming prior to the adoption of this
ordinance, and is completed within one year thereafter.
C. No pre-existing non-conforming structure, use, or tree shall he rebuilt, altered, allowed to grow
higher, or be replanted, so as to constitute a greater Airport hazard than it was at the time that
these regulations were adopted.
D. Whenever the Building Official or Zoning Administrator determines that a non-conforming
structure has been abandoned, torn down, physically deteriorated, damaged, or decayed, to such
an extent that its value in no greater that 50% of the average value of the structure and the land
over the preceding ten (10) years, no building permit or occupancy permit shall be issued that
would allow such structure to exceed the applicable height and use provisions of this ordinance.
Any tree so damaged or destroyed shall be subject to the provisions of SECTION 14-SA-5F(6).,
of this ordinance.
E. Not withstanding the previous provisions of this section the owner of any pre-existing non-
conforming structure or tree shall be required to permit the installation, operation, or maintenance
thereon of any markers and/or lights as shall be deemed necessary by the City or County to
indicate to the operators of aircraft, the presence of such structure or tree.
10. Adopting a new Section 14-8A-10, entitled "AIRPORT ZONING COMMISSION" as follows: Pursuant to
the provisions of Section 329.9 of the Iowa Code, there shall be a Iowa City Municipal Airport Zoning
Commission, consisting of five (5) members, two (2) of whom shall be appointed by the City of Iowa
City, two (2) of whom shall be appointed by the Board of Supervisors of Johnson County, and one
additional member whom shall be selected by a majority vote of the City and County appointed members,
and who shall serve as Chairperson of said commission. The terms of such members shall be as provided
by Section 329.9 of the Iowa Code.
11. Adopting a new Section 14-8A-11, entitled "AIRPORT ZONING BOARD OF ADJUSTMENT" as follows:
Pursuant to the provisions of Section 329.12 of the Iowa Code, there shall be an Iowa City Municipal
Airport Zoning Board of Adjustment, consisting of five (5) members, two (2) of whom shall be appointed
by the City of Iowa City, two (2) of whom shall be appointed by the Board of Supervisors of Johnson
County, and one additional member whom shall be selected by a majority vote of the City and County
appointed members, and who shall serve as Chairperson of said Board. The terms of such members shall
be as provided by Section 329.12 of the Iowa Code. The Airport Zoning Board of Adjustment shall have
the duties and powers established by the Iowa Code.
12. Adopting a new Section 14-8A- 12, entitled, "SPECIAL EXCEPTIONS" as follows:
A. With the concurrence of a majority vote, the Airport Zoning Board of Adjustment (the Board)
may, based upon a written determination from the FAA, reverse any order, requirement, decision
or determination of any administrative official and may modify the provisions of this ordinance in
favor of an applicant, providing:
1. Any height or use limitations contained in this ordinance that is modified by the Board shall
not result in a hazard to any aircraft in flight.
2. No use of land shall be permitted that would not be compatible with airport operations.
B. Any application for a special exception to the provisions of this ordinance shall include as a part
thereof, the written determination of the FAA pertaining to the application, and no application
shall be set for hearing by the Board in the absence of such FAA determination.
13. Adopting a new Section 14-8A-13, entitled, "V~RIANCES", as follows:
A. Any person desiring to construct or alter any structure, or permit the growth of any tree, or
otherwise use property in a manner that would constitute a violation of this ordinance, may apply
to the Board for a variance from these regulations. The Board shall consider no application for a
variance to the requirements of this ordinance unless a copy of the application has been submitted
to the Airport Commission for their opinion as to the aeronautical effects of such a variance. If
the Airport Commission fails to respond to the Board within forty-five (45) days from its receipt
of the copy of the application, the Board may make its decision in the absence of the Airport
Commission opinion. Such variances may be granted by the Board only where the literal
application of these regulations would result in unnecessary hardship, and are subject to the
following:
1. Such variance would not be contrary to the public interest.
2. Such variance would be in the spirit of this ordinance and of Chapter 329 of the Iowa Code.
3. Such variance shall be granted subject to any reasonable conditions that the Board may deem
necessary to effectuate the purposes of this ordinance and of Chapter 329 of the Iowa Code.
4. Such variance be subject to the requirement that the applicant shall install, operate, and
maintain such markings and lighting, at the applicant's own expense, as may be necessary to
indicate to aircraft operators the existence of an airport obstruction as determined by the
Board.
5. Such variance shall be subject to the reservation of the right of the City and the Airport, to go
onto applicant's property to install, operate, and maintain thereon such FAA approved
markers and lights as may be necessary to indicate to operators of aircraft the existence of an
airport obstruction.
B. Any person aggrieved or affected by any decision of the Airport Zoning Board of Adjustment
may appeal such decision, pursuant to the provisions of the Iowa Code.
14. Adopting a new Section 14-8A-14, entitled, "ENFORCEMENT", as follows: Enforcement of the
provisions of this ordinance shall be the responsibility of the City Manager or such persons as the City
Manager shall, from time to time direct. However such duties of enforcement and administration shall not
include any of the powers herein delegated to the Airport Zoning Board of Adjustment.
15. Adopting a new Section 14-8A-15, entitled, "EQUITABLE REMEDiES", as follows: The City or the
Airport may, pursuant to Section 329.5 of the Iowa Code, maintain an action in equity to restrain and
abate as a nuisance the creation, establishment or maintenance of an airport hazard, in violation of any
provision established by this ordinance, on any property, whether within or without the territorial limits of
the City.
16. Adopting a new Section 14-8A-16, entitled, "PROHIBITED ACTS", as follows: Except as herein
provided, it shall be unlawful for any person to construct or alter any structure, use any land, or grow any
tree in violation of the provisions of this ordinance.
17. Adopting a new Section t4-8A-17, entitled, "PENALTIES", as follows: Each violation of these
regulations shall constitute a misdemeanor and the perpetrator thereof, upon conviction, shall be punished
by a fine not to exceed $500 or by imprisonment in the county jail for not more than 30 days, or both.
Each day a violation occurs or continues to exist shall constitute a separate offense.
18. Adopting a new Section 14-8A-18, entitled, "CONFLICTING REGULATIONS", as follows: In the event
of any conflict between regulations contained in this ordinance and any other regulations applicable to the
same area, whether the conflict be with respect to height of structures or trees, use of structures or land, or
any other matter, the more stringent limitation or requirement shall prevail.
SECTION II: REPEALER. All ordinances and parts of ordinances of the City of Iowa City that are in
conflict with any provision of this ordinance are hereby repealed.
SECTION III: SEVERABILITY. If any section, provision, or part of this Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of this Ordinance as a whole, nor
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV: EFFECTIVE DATE. This ordinance shall be in effect immediately after its final passage,
approval and publication, as provided by law.
Passed and approved this day of ,2002.
MAYOR
ATTEST:
CITY CLERK
APPENDIX I
The controlling Federal authority for the Iowa City Municipal Airport is:
Federal Aviation Administration, Central Region
Office of the Manager, Airports Division
901 Locust
Kansas City, MO 64106-2641
APPENDIX II
Notice of Proposed Construction or Alteration, FAA Form 7460-1 shall be sent to:
Federal Aviation Administration
Manager, Air Traffic Division
901 Locust
Kansas City, MO 64106-2641
Saralglanduse/airpoOJairport zoning ordinance 10-16.doc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as mad be adopted, and upon mil call them were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 11/5/02
Voteforpassage: AYES: Lehman, 0'Donne]'l, Vanderhoef, Wilburn, Champion.
NAYS: Kanner. ABSENT: Pfab.
Second Consideration
Vote for passage:
Date published
Prepared by; Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 02-4052
AN ORDINANCE AMENDING CITY CODE TITLE14, ENTITLED "UNIFORM DEVELOPMENT CODE,"
CHAPTER 5, ENTITLED "BUILDING AND HOUSING," ARTICLE E, ENTITLED "HOUSING CODE" TO
REQUIRE THAT ALL LANDLORDS AND TENANTS EXECUTE AN INFORMATIONAL DISCLOSURE
AND ACKNOWLEDGEMENT FORM AND BY DELETING THE REQUIREMENT THAT THE CITY
PROVIDE WRITTEN NOTICE OF HOUSING VIOLATIONS BEFORE ISSUING A MUNICIPAL
INFRACTION.
WHEREAS, Resolution 01-353 established a Neighborhood Housing Relations Task Force
(hereinafter "Task Force") to fulfill the goal of improving peaceful habitation in Iowa City and appointed
eleven individuals representing the interests of tenants, landlords, and neighborhoods to serve on the
Task Force;
WHEREAS, the Task Force met fifteen times between November 7, 2001 and May 22, 2002;
WHEREAS, the Task Fome held one public forum to elicit comments from the public on its proposal;
WHEREAS, the Task Force submitted its "Proposed Initiatives/Report of Task Force" (hereinafter "the
Repo~') with the City Council on June 27, 2002;
WHEREAS, in addition to proposals to amend policy, the Report recommends code amendments
requiring that landlords and tenants acknowledge, among other items, the maximum occupancy of the
rental unit, and that the City not be required to provide wdtten notification to owners and landlords of
housing code violations before issuing a municipal infraction;
WHEREAS, tenants are not always aware of the maximum occupancy limits of their rental unit;
WHEREAS, landlords are not always aware that the persons who actually occupy the rental unit are
different than those who signed the lease or that the police have responded to repeated disorderly house
and loud party complaints;
WHEREAS, staff anticipates that it will take approximately three (3) years to determine the maximum
occupancy for each of the approximate 15,000 rental units;
WHEREAS, the current ordinance provides that the City must provide a written notice of a Housing
Code violation;
WHEREAS, oral notification will allow the City to act on Housing Code violations in a more timely
manner and will aid in fulfilling the Task Force's goal of improving peaceful habitation in Iowa City;
WHEREAS, state law does not require the City to serve a written notice of violation prior to issuing a
municipal infraction; and
WHEREAS, it is in the public interest to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 14, entitled "Unified Development Code," Chapter 5 entitled "Building and Housing," Article E,
entitled "Housing Code," Section 3, entitled "Definitions," is hereby amended by adding a new definition as
follows:
Tenant: Any occupant of a dwelling unit who is not an owner or operator of said dwelling unit or
who is entitled under a rental agreement to occupy a dwelling unit to the exclusion of another.
Title 14, entitled "Unified Development Code," Chapter 5 entitled "Building and Housing," Article E,
entitled "Housing Code," is amended by adding a new Section 22 to be entitled "Informational Disclosure
and Acknowledgement Form" as follows:
Beginning with written or oral rental agreements entered into after the effective date of this
ordinance, the owner or operator and all tenants, excluding minor dependants of a tenant under
the lease, shall execute an Informational Disclosure and Acknowledgement Form, which is
prepared by the City Department of Housing Inspection Services, that provides the following:
a) The maximum occupancy limit of the dwelling unit as established by the City if said limit is
available. The maximum occupancy limit is available for purposes of this section if it is on the
Housing and Inspection Services web page on the City web site at the link entitled "rental permit."
Owners, operators, and tenants may access said limit via the internet or by telephoning the
Housing and Inspection Services Department or by visiting Housing and Inspection Services
Department personally. Owners, operators, and tenants have the affirmative duty to determine
whether the maximum occupancy limit is available.
Ordinance No. 02-4052
Page 2
b) The names of the tenants, pursuant to the rental agreement, who may occupy said unit.
c) Acknowledgement that the owner, operator, and tenant are responsible for complying with the
maximum occupancy limits prescribed by the Iowa City City Code and that violation of the
maximum occupancy limits can result in a fine to the owner, operator, and/or tenant. The
Informational Disclosure and Acknowledgement Form shall further contain a statement that
nothing in the document shall prevent an owner or operator from limiting the number of tenants in
a dwelling unit to less than the maximum allowable occupancy permitted by the Iowa City City
Code.
d) Identification of specific non-habitable spaces and rooms that cannot be used for sleeping
purposes.
e) Acknowledgement of allowed parking, if any, and acknowledgment that there is no parking on
the grass or on the public sidewalk.
f) Trash and recycling requirements, but only if the rental property is four (4) dwelling units or
less.
g) A recitation of the language of Iowa City City Code section 8-5-5, the crime of disorderly
house.
h) City web site address.
i) Contact information for the City of Iowa City neighborhood services coordinator.
j) Information on where to locate the Iowa Residential Landlord Tenant Law (Iowa Code chapter
562A) including a web site.
k) Who is responsible for snow removal and lawn mowing.
The Owner or Operator shall provide a photocopy of the executed Informational Disclosure and
Acknowledgement to the inspector upon request.
Title 14, entitled "Unified Development Code," Chapter 5 entitled "Building and Housing," Article E,
entitled "Housing Cede," Section 14, entitled "Notice of Violation" is hereby deleted in its entirety.
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 5th day of November' ,2002.
CITY ~'-E~RK' ' '
Approved by
City Attorney's Office
Ordinance No. 02-4052
Page 3
It was moved by Champion and seconded by 0' Donnel 1 that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X '- Lehman
× O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 10/22/02
Vote for passage: AYES : Vanderhoef, ~/'ilbu~'n, Champion, Kanner, Lehman, O'Donnel],
Pfab. NAYS: None. ABSENT: None.
Second Consideration 11/2/02
Vote for passage: AYES: Pfab, Vanderhoef, Wilburn, Champion, Kanner, Lehman,
O'Donne]]. NAYS: None. ABSENT: NOne.
Date published 11/13/02