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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!? Y! Web Hosting - Let the expert host your web site http://webhosting.yahoo.com/ 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