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HomeMy WebLinkAbout1985-08-13 OrdinanceI v ORDINANCE NO. ORDINANCE AMENDING THE LARGE SCALE RESIDENTIAL DEVELOPMENT REGULATIONS, CHAPTER 27 OF THE IOWA CITY MUNICIPAL CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That Section 27-57 of the Iowa City ode of Ordinances, be amended to include the following: (d) Approval of the final plan shall be effective for a period of 24 months unless, upon written application of the owner explaining the reasons additional time is needed, the City Council, by resolution, grants one or more 12 month extensions of time. The application for extension shall first be submitted to the Plannirn and Zoning Commission for its recom- mendation. SECTION II. CERTIFICATION. The City Clerk ,s hereby au or,ze and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION III. REPEALER: All ordinances and parts of or nances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, provision or part of the Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE: This Ordi- nance shall a ,n a ec a ter its final passage, approval and publication as required by law. Passed and approved this MAYOR ATTEST: Approved CITY CEERY- dY T ise legal DL �zN+nenf NOTICE OF PUBLIC HEARING Notice is hereby given thata public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 13th day of August, 1985, in the Council Chambers of the Civic Center, Iowa City, Iowa, on the following items: X 1. An ordinance to amend the procedural requirements of the Planned Develop- ment Housing Overlay Zone (OPDH) of the Zoning Ordinance. 2. An amendment to Section 36-4 of the Iowa City Code of Ordinances to define high-rise and low-rise dwelling units. 3. An amendment to Chapter 27 of the Iowa City Code of Ordinances to set an expiration date on final Large Scale Residential Development (LSRD) plans. Copies of the proposed amendments are on file for public examination at the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known or to suggest changes for City Council consideration before adoption of these amendments should appear at the hearing. MARIAN K. KARR, CITY CLERK v /dl13 A ORDINANCE NO. ORDINANCE AMENDING THE PROCEDURES FOR APPROVAL OF THE PLANNED DEVELOPMENT HOUSING OVERLAY (OPD -H) PLANS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENTS. The Iowa City Code of Ordinances shall be amended as follows: A. Sections 36-47(b), 36-47(f), 36-47(g) and 36-47(h) are hereby deleted, and the following new Sections 36-47(b), 36-47(c), 36-47(d), 36-47(h) and 36-47(i) are hereby adopted: Sec. 36-47(b). Report of Planning and Zoning Cc=ission. Upon comple- tion of review of the proposed preliminary plan of the planned development, the Commission shall prepare a written report to the City Council to substantiate its recomnen- dations. This report shall deal with the following: that the variances in setback, lot area requirement, building heights, building types, sizes of buildings, and the combina- tion of lard uses will be in the public interest, in harmony with the purposes of this chapter and other building regulations of the City and will not adversely affect nearby properties; and that the parking requirements of this chapter otherwise prevailing in the zone have not been reduced. Sec. 36-47(c). Preliminary plan approval. Approval of a preliminary planned development plan shall be in accordance with the procedures set forth in Sec. 36-88. Amendment of Ordinance. Sec. 36-47(d). Changes in approved preliminary plan. Major changes in an approved preliminary plan shall be subject to the approval procedures applicable to new preliminary plans. Sec. 36-47(h) Final plan approval. Final approval of any planned develop- ment plan shall include review by the Planning and Zoning Commission and approval by the City Council by resolution. Approval shall be based on compliance with an approved develop - /5293 Ordinance No. Page 2 ment plan and any modifications required by the Commission and Council at the time the land was zoned to OPD -H. After approval of the final plan, permits may be issued to carry out the approved plan even though it may not conform in all respects to other obligations of this chapter. Major changes to an approved develop- ment plan must be approved by ordi- nance in accordance with the proce- dures set forth in Sec. 36-88. Amendment of Ordinance. Sec. 36-47(1). Building permits. The final plan, or parts thereof as finally approved, shall be filed in the building official's office and all building permits shall be issued on the basis of conformance with the plan. Minor changes in building arrangements that do not substantially alter the character of the development are allowable without further Council action. Any other changes, including changes in street locations, land use and building arrangements, shalt be considered as major changes to the approved plan, to be approved as amendments in accordance with the procedures set forth in Section 36-88. B. Sections 36-47(c), 36-47(d) and 36-47(e) shall be renumbered as follows: Section 36-47(c) shall become Section 36-47(e). Section 36-47(d) shall become Section 36-47(f). Section 36-47(e) shall become Section 36-47(g). SECTION II. REPEALER: All ordinances and pars of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, provision or par of the Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. /4193 Ordinance No. Page 3 SECTION IV. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR ATTEST: CITY CLEF - R&" -Iv . d Q' Apprevod By The Leal Deparlmenl I.; 1 I i Ordinance No. Page 3 SECTION IV. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR ATTEST: CITY CLEF - R&" -Iv . d Q' Apprevod By The Leal Deparlmenl ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE DEFINITIONS OF HIGH-RISE AND LOW-RISE DWELLINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That the Iowa City Coe of Ordinances Sections 36-4(d)(12) and 36-4(d)(13) are deleted and the following are inserted in lieu thereof: Section 36-4(d)(12) Dwelling, high- rise multi -family. A multi -family dwelling exceeding 65 feet in building height. Section 36-4(d)(13) Dwelling, low- rise. A multi -family dwelling which is 35 feet or less in building height. SECTION II. CERTIFICATION. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, uPon final passage of publication as provided by law. SECTION III. REPEALER. All ordinances and pars ot orainancei in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordi- nance shall a in effec a ter its final passage, approval and publication as required by law. Passed and approved this MAYOR ATTEST: CITY CLERK v „ kRcik,d 6 aPP�uvea yY t,S° 5d 00p hmenl I 1 _- ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE DEFINITIONS OF HIGH-RISE AND LOW-RISE DWELLINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That the Iowa City Code of Ordinances Sections 36-4(d)(12) and 36-4(d)(13) are deleted and the following are inserted in lieu thereof: Section 36-4(d)(12) Dwelling, high- rise multi -family. A multi -family dwelling exceeding 65 feet in building height. Section 36-4(d)(13) Dwelling, low- rise. A multi -family dwelling which is 35 feet or less in building height. SECTION II. CERTIFICATION. The City 'Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage of publication as provided by law. SECTION III. ' REPEALER. All ordinances an pars o or nances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or par of the Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordi- nance shall a in effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR ATTEST: CITY ERK applavec �y T.4a Lesal be rtmenl City of Iowa City MEMORANDUM Date: August 8, 1985 To: City Council From: Karin Franklin, Senior Planner ck Re: Pepperwood Place Rezoning The following conditions for the rezoning of Pepperwood Place were unresolved after the commencement of the City Council's public hearing on July 30, 1985: 1. The closing of Hollywood Boulevard in front of Colonial Park Offices. 2. The removal of paving or the replacement of dirt and sod on the closed portions of Hollywood Boulevard. 3. The closing of Taylor Drive. 4. The provision of speed bumps and pedestrian crosswalk signs on the drive in front of K -Mart. Presented below is the staff's position regarding each of these items. Upon further review of these matters and after discussions with interested parties, our previous position has been modified in some instances. Hollywood Boulevard The staff recommends that Hollywood Boulevard from the east property line of the Iowa State Bank to the west property line of Colonial Park Offices and from the west side of the Colonial Park Offices' drive to Broadway Street be vacated and disposed of with restrictions as to its use being imposed. The restrictions would include a prohibition on any future creation of a private frontage road and a stipulation that Colonial Park Offices may have a private drive access from Broadway at the Hollywood Boulevard location. The private drive would be one-way west, have a throat of one lane, and broaden to two lanes in front of the office building. Development of the vacated right-of-way in front of Colonial Park Offices would also be prohibited. Removal of Pavement The staff continues in its recommendation that the pavement be removed from all those parts of Hollywood Boulevard which will be closed. Taylor Drive The staff recommends that Taylor Drive remain open and deceleration lanes be constructed in the eastbound and westbound lanes of Highway 6. Usage of this intersection should be monitored with the opening of Broadway to Highway 6 and closure of the intersection should be evaluated in the future. A condition regarding future improvements to this intersection should be included in the agreement with Southgate Development Company, with a time 10r 2 limit of ten years placed on their obligation. The change in the staff recommendation is a result of input from residents of the Taylor Drive area and a concern that rerouting of traffic which would normally use Taylor Drive would result in more severe traffic problems elsewhere. K -Mart Drive The staff recommends that the language of the agreement be revised to encompass other means of traffic control for the K -Mart drive by encouraging the developer to work with K -Mart to control the flow of traffic in front of the store to provide for customer safety. Speed bumps may or may not be included, at the discretion of the two parties. The agreement with Southgate Development Company will be revised to reflect the Council's decision regarding these matters after the informal meeting Monday night and the developer's concurrence will be sought prior to the public hearing Tuesday. bdw4/2 0 WEALTH ACCUMULATION PLANNING WORKSHEET NAME: THOMAS R HOFF PURPOSE: COST ANALYSIS OF TAYLOR ST. CHANGE r i 2016 = TARGET YEAR FOR ACCUMULATION 1986 = CURRENT YEAR 30 =YEARS FROM PRESENT TO TARGET 1 MONTHLY INCOME AVAILASLE FOR GOAL: $ 15.00 I� CURRENT INTEREST RATE ASSUMPTION: .07 CURRENT MARGINAL TAX RATE., .00 7. ! NET INTEREST FOR WEALTH ACCUMULATION: .07 I PROJECTED WEALTH AT TARGET YEAR: MONTHLY INCOME - CAPITAL RETENTION: $ 17661.63 Pv= a1163 $ 103.03 I i i i' i r i WEALTH ACCUMULATION PLANNING WORKSHEET NAME: THOMAS R HOFF PURPOSE: COST ANALYSIS OF TAYLOR ST. CHANGE j I !.- 1996 = TARGET YEAR FOR ACCUMULATION 1 1986 =CURRENT YEAR � 10 =YEARS FROM PRESENT TO TARGET MONTHLY INCOME AVAILABLE FOR GOAL: S 15.00 CURRENT INTEREST RAPE ASSUMPTION: ,07 j CURRENT MARGINAL TAX RATE: .pp NET INTEREST FOR WEALTH ACCUMULATION: ,07 X i i � I • f i 1! , -- I PROJECTED WEALTH AT TARGET YEAR: $ 2583.30 tiPu I,aez I MONTHLY INCOME - CAPITAL RETENTION: 9. 15.07 i II 1 i 1 { i. i t i i i WEALTH ACCUMULATION PLANNING WORKSHEET NAME: THOMAS R HOFF PURPOSE: COST ANALYSIS OF TAYLOR ST. CHANGE 2006 = TARGET YEAR FOR ACCUMULATION 1986 = CURRENT YEAR 20 =YEARS FROM PRESENT TO TARGET MONTHLY INCOME AVAILABLE FOR GOAL: R 15.00 CURRENT- I14TEREST RATE ASSUMPTION: .07 7 CURRENT MARGINAL TAX RATE: .00 7 NET IN1-ERES1 FOR WEALTH ACCUMULATION: .07 7 PROJECTED WEALTH AT TARGET YEAR: $ 7665.06 pv Ilv90 MONIHL_Y INCOME - CAPITAL RETENTION: $ 44.71 ti 1 1 i i i : i i i i i i I i I i j 1. , i ! I i I i I I ! I I i t WEALTH ACCUMULATION PLANNING WORKSHEET NAME: THOMAS R HOFF PURPOSE: COST ANALYSIS OF TAYLOR ST. CHANGE 2006 = TARGET YEAR FOR ACCUMULATION 1986 = CURRENT YEAR 20 =YEARS FROM PRESENT TO TARGET MONTHLY INCOME AVAILABLE FOR GOAL: R 15.00 CURRENT- I14TEREST RATE ASSUMPTION: .07 7 CURRENT MARGINAL TAX RATE: .00 7 NET IN1-ERES1 FOR WEALTH ACCUMULATION: .07 7 PROJECTED WEALTH AT TARGET YEAR: $ 7665.06 pv Ilv90 MONIHL_Y INCOME - CAPITAL RETENTION: $ 44.71 ti 1 1 i i i : i i i i i i I i I i j 1. , i ! I i I i I I I I i WEALTH ACCUMULATION PLANNING WORKSHEET NAME: THOMAS R HOFF PURPOSE: COST ANALYSIS OF TAYLOR ST. CHANGE 2006 = TARGET YEAR FOR ACCUMULATION 1986 = CURRENT YEAR 20 =YEARS FROM PRESENT TO TARGET MONTHLY INCOME AVAILABLE FOR GOAL: R 15.00 CURRENT- I14TEREST RATE ASSUMPTION: .07 7 CURRENT MARGINAL TAX RATE: .00 7 NET IN1-ERES1 FOR WEALTH ACCUMULATION: .07 7 PROJECTED WEALTH AT TARGET YEAR: $ 7665.06 pv Ilv90 MONIHL_Y INCOME - CAPITAL RETENTION: $ 44.71 ORDINANCE N0. ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF PORTIONS OF LOTS 7 AND 8 OF BLOCK 1, BRAVERMAN CENTER, LOCATED BETWEEN KEOKUK STREET AND BROADWAY STREET FROM RM -12 TO CC -2. i j BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That the property described e ow is hereby reclassified i from its present classification of RM -12 to CC -2, and the boundaries of the CC -2 zone be indicated upon the zoning map of the City of Iowa City, Iowa, to include the property described as follows: Beginning at a point on the east line of Block 1 of Braverman Center, a } subdivision in Iowa City, Iowa, as shown on a plat filed in Book 7, page 9 in the Johnson County Recorder's j Office, that lies N 00026'20" E 335.00 feet from the southeast corner of said Block; thence N 89033'40" W 705.20 feet; thence N 00026'20" E 352.26 feet; thence S 89033'40" E 47.81 feet; thence S 67056100" E 707.17 feet; thence S 00026120" W 91.62 feet along the east line of said Block to the Point of Beginning. SECTION- II. — ZONING MAP CHANGE. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION III. — CERTIFICATION. The City Clerk is hereby aut Drize and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER: All ordinances and parts o ordinances in conflict with the provision of this ordinance are hereby ' repealed. SECTION V. SEVERABILITY: If any section, provision or part oF5e Ordinance shall be adjudged to be invalid or unconstitu- tional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. I • r i` i f, i r j.! i i i j i Ordinance No. Page 2 SECTION VI. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this ATTEST: 'CITY CLERK Received 6 6 Y The Le f O �a , ved Rf fJ` It was moved by and seconded by , that the r finance as read be adopted and upon ro ca ere were: AYES: NAYS: ABSENT: _ AMBRISCO _ BAKER _ DICKSON _ ERDAHL _ MCDONALD STRAIT ZUBER First consideration 8/13/85 - Defeated Vote for passage yeStrait, Ambrisco. Nays: Dickson, Erdahl. Absent: WDonald, Zuber. Second consideration Vote for passage Date published M 1 I 1. i j It was moved by and seconded by , that the r finance as read be adopted and upon ro ca ere were: AYES: NAYS: ABSENT: _ AMBRISCO _ BAKER _ DICKSON _ ERDAHL _ MCDONALD STRAIT ZUBER First consideration 8/13/85 - Defeated Vote for passage yeStrait, Ambrisco. Nays: Dickson, Erdahl. Absent: WDonald, Zuber. Second consideration Vote for passage Date published M 0 PEPPERWOOD PLACE AGREEMENT THIS AGREEMENT made by and between Southgate Development Company, Inc., an Iowa corporation with its principal place of business in Iowa City, Iowa, hereinafter called "Southgate", and City of Iowa City, Iowa, a municipal corporation, herein- after called "City". WITNESSETH: WHEREAS, Southgate has filed a Preliminary Subdivision Plat, Preliminary Large Scale Non -Residential Development Plan for a commercial center to be known as Pepperwood Place, and Rezoning Request with the City, covering part of Block 1, Braverman Center; and WHEREAS, the approval of the Large Scale Non -Residential Development Plan is, by its design, contingent upon the rezoning from RM -12 to CC -2 of that portion of Lot 7, Block 1, Braverman Center, as shown on the Preliminary Subdivision Plat presently zoned RM -12; and WHEREAS, pursuant to Iowa Code (1985) Section 414.5, the parties have agreed to certain conditions to such re- zoning; and WHEREAS, the parties wish to set forth their agreements as to conditions which will arise as a result of the re- zoning. NOW, THEREFORE, in consideration of the premises and of the covenants hereinafter set forth, it is agreed as follows: 1. Broadway Street Agreement. The terms and con- ditions of this agreement supercede the terms and conditions of the Broadway Street Agreement, dated March 22, 1978, between Braverman Development, Inc. and the City (the "Agreement"). �7-f N -2- 2. Conditions to Building Permits. The City shall not issue any building permits for development on Lots 4, 7 and 5B of Block 1, Braverman Center until Southgate has received the consent of the Iowa Department of Transportation (IDOT), where required, to complete the following improve- ments as required hereunder: (i) The closing of Hollywood Boulevard, and (ii) Construction of a channelized intersection to connect Broadway Street with Highway 6 Bypass. 3. Broadwav Street Intersection - Hollvwood Boulevard Closing. Prior to the issuance of an occupancy certificate for any building on Lots 4, 7 and 5B of Block 1, Braverman Center, A. Southgate shall complete construction of the Broadway Street intersection, and the closing of Hollywood Boulevard, as required by Section 3B of the Agreement, and the terms of this agreement. B. Southgate shall close Hollywood Boulevard between the west edge of the driveway into Hollywood Boulevard from the Colonial Park Office Building property and the east lot line (extended) of property presently occupied by a branch office of the Iowa State Bank and Trust Company; and between Broadway Street and the present storm sewer inlets at the east property line of the 1902 Broadway office building. C. Southgate shall erect six inch curbs at each end of the closed portions of Hollywood Boulevard. D. Southgate shall cover.the.closed portions of Hollywood Boulevard pavement with sufficient fill dirt to support the establishment and growth of sod which Southgate 1 r - 3 - shall place thereon at its sole cost and expense. Southgate further agrees that, if, in the opinion of the City Engineer, the sod has not been established by growth and maintained in that way for at least two calendar years from the date of installation, the City may require Southgate to remove the pavement and fill and seed the area so as to establish grass where the roadway presently exists. I E. Southgate shall construct sidewalks along the l- east side of the present K -Mart parking lot and south to connect the residentially zoned property to the south of the j i K -Mart site to the development. Southgate will also install a sidewalk along the south side of the drive between Broadway Street and the west line of Lot 7, Block 1, Braverman Center. I � The sidewalks will be located as shown on the finally approved Large Scale Non -Residential Development Plan, and will be installed in connection with, and at the time of, the installation of the parking lot required to serve the development. I. F. Southgate will improve the entrance and exit from the K -Mart property to Keokuk Street in accordance with i the plan attached hereto as Exhibit "A". _ I. 4. Signage for K -Mart Drive. Southgate will use its best efforts to obtain consent of the tenant occupying the building on Lot 2, Block 1, Braverman Center, to the placement of appropriate signs requiring that vehicular traffic yield to pedestrians in the crosswalks so provided. 5. Taylor Drive Escrow. On the date the City shall i issue the first occupancy certificate for any building on Lots 4, 7 or 5B of Block 1, Braverman Center, Southgate shall deposit $25,000.00 in escrow with the City Clerk of the City, to be used by the City or refunded to Southgate as /0f - 4 - hereinafter provided. The City shall have the right, at its sole discretion, for a period of two (2)years from the date of issuance of said first occupancy certificate, to apply all or any part of the escrowed funds for construction with respect to: (1) the improvement of the Taylor Drive intersection with Highway 6 Bypass, or, (2) the closing of the Taylor Drive intersection with Highway 6 Bypass. Any of the escrowed funds not expended by the City within the two (2) year period shall be refunded by the City to Southgate. 6. Effectiveness, of This Agreement. Southgate's obligations hereunder are subject to and contingent upon approval by the City Council of the City of the requested zoning change for a portion of Lot 7, Block 1, Braverman Center, and the final approval of Southgate's Large Scale Non -Residential Development Plan for Pepperwood Place which includes the area to be rezoned. In the event the City Council of the City does not approve the requested zoning change, and/or does not approve the Large Scale Non -Residential Development Plan, this Agreement shall be null and void and no further force and effect. However, the Broadway Street Agreement shall continue in full force and effect if the requested zoning change is not approved. 7. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto, and all of the provisions hereof shall be covenants running with the land of Lots 4, 5B and 7 of Block 1, Braverman Center. Dated at Iowa City, Iowa, as of the day of , 1985. i - 5 - SOUTHGATE DEVELOPMENT COMPANY, INC. CITY OF IOWA CITY, IOWA By John McDonald, Mayor Marian K. Karr, City C er i 6 - I STATE OF IOWA ) ss: COUNTY OF JOHNSON ) On this day of , 1985, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and to me personally known, who, being by me duly sworn, did say that they are the and respectively, of said corporation executing the.within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said and as such officers) acknow- ledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily - executed. Notary Public in and for said 1 County and State STATE OF IOWA ) ss: i COUNTY OF JOHNSON On this day of , 1985, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged ! the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Pu 1c in and for sal County and State i i P�c11J[I UQ�o¢ 5102E u TOM cawo•�r Ta - dYLy 9SAT6 iwoM 1 OIM tRP 1 \1 1 �~ DaM!wtr Tb Iz' 4QI4AY 21 I MIL OCL' llll(� fOC UG VCA yTORL 1 pGyIVf2'( \ DPMfWwY TP iW LK 1 P¢zw 11lIr I 1 auvluc ` 1 �1/pOI.M • l 1 mmommulkr e xY r WUAr I i Lary .. P�c11J[I UQ�o¢ 5102E u TOM cawo•�r Ta - dYLy 9SAT6 iwoM 1 OIM tRP 1 \1 1 �~ DaM!wtr Tb Iz' 4QI4AY 21 I MIL OCL' llll(� fOC UG VCA yTORL 1 pGyIVf2'( \ DPMfWwY TP iW LK 1 P¢zw 11lIr I 1 auvluc ` 1 �1/pOI.M • l 1 mmommulkr e xY r WUAr i i i ORDINANCE NO. 85-3249 AN ORDINANCE AMENDING THE ZONING ORDI- NANCE, FLOOD HAZARD OVERLAY ZONES, TO PROVIDE FOR THE ADOPTION OF REVISED FLOOD MAPS AND A FLOOD INSURANCE STUDY. j BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this i ordinance s to permit the use of revised flood maps and flood insurance study dated June 5, 1985 for the implementation of the Flood Hazard Overlay Zones. SECTION II. AMENDMENTS. Chapter 36 of e Iowa yun c pal Code entitled j Zoning Ordinance is hereby amended as follows: i A. Section 36-31(c) is hereby repealed i and the following is adopted in lieu thereof: Section 36-31(c) Adoption of flood maps and flood insurance study. The C ty has adopted the revised Flood Insurance Rate Map, the Flood Boundary and Floodway Map and the Flood Insurance Study dated June 5, 1985, provided by the Federal Emer- gency Management Agency as the official documents. No ordinance related to these documents shall be adopted or enforced based upon j modified data reflecting natural or man-made physical changes without prior approval of change in the documents by the Federal Emergency Management Agency. B. Section 36-32(d) is hereby repealed the following is adopted in lieu thereof: Section 36-32(d) Base flood elevation/flood protection en a MM on: The water surface elevation of the 100 year flood, which is shown on the ! revised Flood Insurance Rate Map i (FIRM), assuming only that encroach- ment on the floodplain that existed when the revised Flood Insurance Rate Map dated June 5, 1985 was adopted. Additional and complete encroachment to the flood way encroachment lines will cause the water level to sur- charge one (1) foot or less above the /�99 1 1 :rr I Ordinance No. 85-3249 Page 2 flood protection elevation as shown in I Table I of the revised Flood Insurance Study. SECTION III. REPEALER: All ordinances and pars of or nances in conflict with the provision of this ordinance are hereby ! repealed. SECTION IV. SEVERABILITY: If any sec on—ii , provision o� par%f the Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or ! unconstitutional, I SECTION V. EFFECTIVE DATE: This Ordi- nance snail e in effect after its final passage, approval and publication as i.. required by law. Passed and approved this 13th day of j i August, 1985. MAYOR Pro tem ATTEST: %%70 ..) �CL—E i 1 i I i i { ftp n t I I 1 i I � Retalved d Approve By The Lecal 1) ar M ��-9 F i i. . i i i z � i It was moved by Strait and seconded by Ambrisco that the Ordinance as read be'adopted and upon ro ca ere were: I AYES: NAYS: ABSENT: I —X_ _ _ AMBRISCO _x BAKER X DICKSON X ERDAHL _ X MCDONALD x STRAIT X ZUBER I First consideration July 16, 1985 Vote for passage: Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None Second consideration July 30, 1985 Vote for passageyes: r , fcDonald, Strait, Zuber, Ambrisco, Baker, Dickson. Nays: None. Date published _ August 21, 1985'