HomeMy WebLinkAbout1984-11-06 OrdinanceORDINANCE NO.
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY LOCATED BETWEEN RUNWAYS 30 AND 35
OF THE IOWA CITY MUNICIPAL AIRPORT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION 1. That as provided in Section
6�gf(3) of the Iowa City Code of
Ordinances, the property described below
is hereby reclassified from its present
classification of P to an overlay zone of
CI -1, and the zoning map of the City of
Iowa City, Iowa, shall be amended to show
the following described property in the
CI -1 zone; to -wit: the property located
between runways 30 and 35 of the Iowa City
Municipal Airport, legally described as
follows:
A ten acre tract of land approximately
660 feet by 660 feet lying west of and
adjacent to the west right-of-way line
of Highway 218 and lying south of and
adjacent to a line which is 400 feet
south of and parallel to the center
line of Runway 30 extended.
SECTION 2. The Building Inspector is
ere y 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 3. The City Clerk is hereby
authorl-z—e'ff 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 4. REPEALER: All ordinances and
parts of ord nances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION 5. SEVERABILITY: If any section,
proves on or part o the 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.
To: Planning & Zoning Commission
Item: Z-8413. Iowa City Airport
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Comprehensive Plan:
Existing land use and zoning:
45 -day limitation period:
STAFF REPORT
Prepared by: Bruce Knight
Date: September 20, 1984
Iowa City Airport Commission
1801 S. Riverside Drive
Iowa City, Iowa 52249
Rezoning of three parcels of
airport property.
To permit commercial and indus-
trial development of portions of
the Iowa City Airport.
South of Highway 1 West and west
of Highway 218.
Public.
Undeveloped and P.
10/12/84
ANALYSIS
The Airport Commission has been investigating the possibility of developing
several parcels of airport land for commercial or industrial use. Those
parcels would then be made available on a long-term lease basis to interested
parties. The land is currently zoned public (P), and "before any such land
is conveyed by leasehold interest to anyone other than the federal and state
government or political subdivision thereof for a use other than permitted in
this zone, rezoning to an appropriate zone in which the use is allowed shall
be obtained. The use shall be subject to all requirements of the zone in
which it is allowed. Further, the zone shall be established as an overlay
zone with the underlying zone retaining its original designation of P."
(Section 36-29(g)(3)). As a result of this provision, the Airport Commission
has requested the rezoning of three parcels of airport land (see attached
location map).
Parcel /1 is located immediately northwest of the north end of Runway 17. The
Airport Commission has requested I-1 zoning for this parcel, which would be a
continuation of the I-1 zoning boundary line immediately west of this parcel.
The Comprehensive Plan shows this parcel as P; however, the land lying north
of the airport and south of Highway 1 West is shown as general commercial or
industrial with this parcel lying near the boundary. Because of the close
proximity to the airport, and the lack of immediate access to Highway 1, it
appears that this land may be better suited for general industrial zoning
15A
than for a commercial zone. Further, those uses allowed in an I-1 zone may
be of a type which could make use of the close proximity to the airport, e.g.
maintenance of a corporate hangar.
Parcel /2 is located northeast of Runway 17, immediately south of the Wardway
Plaza. The Airport Commission has requested that this land be zoned CC -2,
community commercial. The Comprehensive Plan shows the land immediately
north and east of this parcel as general commercial. According to the Zoning
Ordinance, "the community commercial zone (CC -2) is intended to provide for
major business districts to serve a major segment of the total community
population. In addition to a variety of retail goods and services, these
centers may typically feature a number of large traffic generators that
require access from major thoroughfares." Parcel 2 does not appear to be
conducive to this type of development, unless it is developed in conjunction
with the redevelopment of the Wardway Plaza. Otherwise, it lacks the
visibility and access necessary for a large community commercial center.
Parcel /3 runs along the west side of Highway 218 from immediately south of
Runway 24 to the southern boundary of the Airport. The Airport Commission
has requested the rezoning of this land to CI -1, intensive commercial. The
Comprehensive Plan shows the land across the street from this parcel as
industrial. The parcel of land lying immediately south of the airport is
zoned CI -1. According to the Zoning Ordinance, "the intensive commercial
zone (CI -1) is intended to provide areas for those sales and service func-
tions and business whose operations are typically characterized by outdoor
display, storage, and/or sale of merchandise, by repair of motor vehicles, by
outdoor commercial amusement and recreational activities, or by activities or
operations conducted in buildings or structures not completely enclosed."
While such uses would be relatively compatible with the industrial uses
across the street, it is questionable whether this is the most appropriate
use of this land. Zoning is not intended as a tool for generating market
demand, and the demand for any one type of commercial zoning is limited.
Currently, Iowa City has a large amount of land zoned CI -1 which remains
unoccupied or undeveloped (e.g. westside park, south of Stevens Drive on
Gilbert Street and north of Highway 6 Bypass along Gilbert Street, Gilbert
Court and Highland Court).
Further, the types of uses allowed in CI -1 zoning are not likely to be of a
variety which could make use of the advantage of being in close proximity to
the airport. If the development of airport property is desirable, it should
be done in a manner which encourages those types of uses which can take
advantage of the amenities offered by the airport. Nowhere else in Iowa City
is land available which has immediate accessibility to air travel.
Generally speaking, staff sees little difficulty with the use of airport land
for commercial or industrial purposes, provided the Federal Aviation Admini-
stration has no reservations or objections. Any such use would be regulated
by the provisions of the airport overlay zone in regard to the height of the
structures, and in terms of use for those areas located in the clear overlay
zone. However, given the Federal Aviation Administration's expressed
preference for little or no development in areas around and near the airport
the staff questions whether it would be advisable to rezone any such areas
for commercial or industrial use. In particular, that would affect Parcel
M
3
#3, which includes land lying near the clear overlay zone for Runway 30. A
copy of this proposal has been sent to the Federal Aviation Administration
for their review. A response regarding Parcel #3 is attached.
STAFF RECOMMENDATION
Staff recommends that this item be deferred pending a response from the
Federal Aviation Administration on the proposals for the other parcels. Upon
receipt of a positive response, staff would make the following recommenda-
tions:
Parcel #1 - The staff recommends that the requested rezoning to I-1 be
approved.
Parcel 02 - Unless this land is to be rezoned expressly for the expansion of
the Wardway Plaza area, staff would recommend the denial of the requested
CC -2 zoning. If it is the intent to lease this land to the Wardway Plaza for
expansion purposes, staff would recommend that the rezoning occur in conjunc-
tion with approval of the Large Scale Non -Residential Development plan for
such a project.
Parcel 03 - Staff recommends that the requested rezoning to CI -1 be denied
and that a zoning which permits those uses more likely to make use of airport
facilities be considered (e.g. I-1 or CO -1).
ATTACHMENTS
1. Location map.
2. Memo from Fred Zehr.
3. Letter - FAA, August 16, 1984.
Approved by:
oma c meiser, Director
Department of Planning
and Program Development
ao96
aty of Iowa CHI � Z /5/zc
�- MEMORANDUM
Date: August 28, 1984
To: Planning and Zoning Commission d Bruce Knight
From: Fred Zehr, Airport Manager
Re: Overlay Zoning of Airport Property
As indicated on the drawing attached to the Airport Commission's rezoning
application form, certain parcels of airport property will need to be rezoned
to accommodate planned development of non-essential airport property.
The development committee of the Airport Commission has designated the parcel
in the northwest corner of the airport as general industrial zone (I-1).
This is consistent with the adjoining parcel immediately west of the airport
and because of the runway layouts and access to the runway/taxiway systems
would be the best use of this area. It is planned for light industrial or
warehouse use with aircraft hangars to be installed with the businesses
leasing the area.
The parcel in the northeast corner is designated community commercial (CC -2)
which is consistent with the area immediately north of the airport (Wardway
Plaza). Meredith Corporation (owners of Wardway Plaza) is interested in that
area for development of Wardway Plaza. They have indicated that it would be
used mainly for additional auto parking.
The area in the southeast corner of the airport could be best utilized as a
commercial zone (CI -1). This -is consistent with the parcel of land immedi-
ately south of the airport where the Colonial Lanes bowling alley is. The
highway frontage could best be utilized with this type of zoning. Autohaus
de
Ltd. is interested in this area for an auto dealership and the velopment
committee feels this would be a very good use of the airport property. The
Federal Aviation Administration has reviewed this proposed use of the
property and have no problems with it as long as certain constraints are met
by the businesses locating there (letter attached). If you have any ques-
tions regarding these proposed rezoning requests, please call me at 356-5045.
Thank you for your help with this matter.
bdw2/3
AUG 161984
Mr. Fred W. Zehr
Airport Manager
Iowa City Municipal Airport
South Riverside Drive
Iowa City, Iowa 52240
Dear Mr. Zehr:
Central Region 601 L 22m Street
Iowa, Ken Ht, Kansas City, Missouri 64306
Missouri, Nebraska
Iowa City Municipal Airport
Proposed Lease for Auto Dealership
We have reviewed your proposal to lease a few acres at site 5 to an
auto dealership. This area, as noted on the Airport Layout Plan, is
not needed for aeronautical purposes,so other uses such as the proposed
auto dealership are possible if it can be shown that the planned use
will be compatible with airport operations.
Due to the close proximity of site 5 to the approach to runway 30, the
City will have to be sure that no lights or signs used to attract
attention to the business will create problems for pilots landing on
the airport at night. Also, we must be assured that the use of
electrical or electronic equipment at the business will not interfere
with electronic navigation or communications with aircraft.
If the City wishes to pursue this matter, FAA Form 1460-1, Notice of Proposed
Construction or Alteration, should be submitted to us for review (copy
enclosed). Also, the City should review the plans for the auto dealership in
enough detail to insure the proposed use will not interfere with or create an
unsafe condition for aircraft departing or arriving at the airport.
Sincerely,
Mana e , Airports Division
Enclosure
• e'•rr n.r•
�o9G
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF APPROXI-
MATELY 6.3 ACRES LYING SOUTH OF HIGHWAY 1
WEST AND NORTH OF THE IOWA CITY MUNICIPAL
AIRPORT FROM I-1 TO CI -l.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION 1. That the property described
be o-1 w iss hereby reclassified from its
present classification of I-1 to CI -1, and
the zoning map of the City of Iowa City,
Iowa, shall be amended to show such
property in the CI -1 zone, to -wit:
Commencing at the southeast corner of
the southwest quarter of Section 16,
Township 79 North, Range 6 West of the
5th Principal Meridian; thence. north
00051'23" east, (an assumed bearing),
along the east line of said Southwest
Quarter, 1657.17 feet to a point on the
southerly right-of-way line of Iowa
Primary Road N1; thence south 74057'52"
west, along said southerly right-of-way
line, 62.38 feet to a paint which is
60.0 feet normally distant west of said
east line of the southwest quarter of
Section 16 and which paint is also the
point of beginning; thence south
00051'23" west, 616.61 feet; thence
north 89008137" west, 503.31 feet;
thence north 00051'23" east, 465.33
feet; thence northeasterly 51.80 feet,
along a 2727.58 foot radius non -tangent
curve concave southeasterly, whose
51.80 foot chord bears north 66026'08"
east, to a point on the southerly
right-of-way line of said Primary Road
A1; thence north 74057152" east, 474.28
feet, along said right-of-way line, to
the point of beginning. Said tract of
land contains 6.29 acres more or less,
and is subject to easements and
restrictions of record.
SECTION 2. The Building Inspector is
ere y au horized and directed to change
the zoning map of the City of Iowa City,
Iowa, to conform to this amendment upon
final passage, approval and publication of
this ordinance as provided by law.
Ord ... ance No.
Page 2
SECTION 3. 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 and publication as provided by
law.
SECTION 4. REPEALER: All ordinances and
parts o ordinances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION 5. SEVERABILITY: If any section,
provision or part of the 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.
SECTION 6. EFFECTIVE DATE: This Ordi-
nance shall in effect
after its publication Inal
as
passage, approval
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
RgCeiverl A. Approved
By Tl�c.ir•rt! o•:pa;irnent
1,4
ao97
It was moved by and seconded by
, that the r finance as rea a and
and upon ro ca ere
were:
4'1AIMM1i131
To: Planning and Zoning Commission
Prepared by: Karin Franklin
Item: Z-8418. 6 Acres South of Highway
Date: September 20, 1984
1 West
GENERAL INFORMATION
Applicant:
Mary Hartwig Inc.
124 W. Benton St.
Iowa City, Iowa
Requested action:
Rezoning of certain property
from I-1 to CI -1.
Purpose:
To establish an automobile
dealership.
Location:
South side of Highway 1 West,
approximately 900 feet west of
the intersection with Miller
Avenue.
Size:
Approximately 6.3 acres.
Comprehensive Plan:
Industrial.
Existing land use and zoning:
Agricultural; I-1.
Surrounding land use and zoning:
North - undeveloped; RM -44 and
CC -2.
East - agricultural; I-1 and
CI -1.
South - agricultural; I-1.
West - agricultural; I-1.
45 -day limitation period:
October 19, 1984.
ANALYSIS
The 6.3 acres under consideration in this rezoning request are in the
Ruppert estate and are currently used for agricultural purposes. Mary
Hartwig, Inc. wishes to relocate and is considering purchasing this
property if the proper zoning can be obtained. Mary Hartwig, Inc. is an
auto dealership and as such is most appropriately located in an intensive
commercial (CI -1) zone where businesses are characterized by outdoor
display, storage and sale of merchandise.
The Ruppert property is just west of an area currently zoned CI -1. There
is a small strip of land zoned I-1 between the 6.3 acres and the CI -1 zone
to the east. If the rezoning requested is approved, that strip should be
included in the rezoning action by extending the CI -1 zoning west to
incorporate the strip and the 6.3 acres.
01097
Two issues should be evaluated during consideration of this rezoning - 1)
the Comprehensive Plan and its designation of this general area for
industrial uses and 2) the effect of the proposed change on surrounding
properties.
In the Southwest Area Study of the 1983 Comprehensive Plan Update,
statements are made regarding the Highway 1 interchange with Freeway 218
(SW -2 and 3, 1983 U date). It is pointed out that residential uses in
this area are no appropriate but that commercial and industrial uses are,
due to the fact of the interchange and the proximity of the Iowa City
Municipal Airport. On the short range map, commercial uses are shown
along the south side of Highway 1 West extending from Riverside Drive west
to encompass existing commercial uses. Industrial uses are shown from the
end of the commercial area to the corporate limits. The industrial uses
are across Highway 1 from single family and multi -family uses to the
north; the commercial uses are shown across from commercial uses. A
combination of Highway 1 and industrial development in an industrial park
could provide an effective buffer, if properly designed, between the
industrial and residential uses. There are no guarantees, of course, that
with industrial zoning all industry will be in an industrial park
setting. Commercial development generally occurs on an ad hoc basis
without inclusion in a "commercial park", so that the extent of a buffer
between commercial and residential developments would be the highway.
At the time of development of the 1983 Update, thought was given to
providing an opportunity for industrial development on the west side of
Iowa City, close to the accessibility provided by the airport and by the
Freeway 218 interchange. The short-range map reflects a change from the
1978 plan by substituting industrial uses on the west side for land -
consumptive commercial uses; the long-range map projects future industrial
development, with annexation and industrial zoning to proceed as demand
dictates (SW -3).
The property under consideration is included in the short-range plan and
is located at the boundary with the commercial area. The question is
whether there is a realistic demand, or desire on the part of the City,
for industrial development in this particular area; do the Commission and
the Council wish to "preserve" land in this area for industrial develop-
ment in the future or should the use of this area reflect current market
demands? In addition, if the policy regarding industrial opportunities
for the west side remains, is the proposed change from industrial to
commercial zoning contrary to that policy?
The BDI industrial park on the east; side of Iowa City is not full. There
are sewer and access problems there which do not exist on the west side.
However, there have been no proposals for industrial development in the
west side I-1 area brought before the City to date. With omission of the
6.3 acres, approximately 60-70 acres would remain along Highway 1 West for
industrial development. Conversely, Iowa City has a considerable amount of
CI -1 land which is undeveloped at this time and consideration should be
given to whether it is advisable or necessary to rezone industrial space
to a designation which has a quantity of vacant land.
ao97
I I -
Ancillary to the policy consideration regarding industrial development is
a concern which will be raised in the future by the Urban Environment Ad
Hoc Committee. The Committee has expressed a desire to protect and
enhance major entranceways to Iowa City. This has not been proposed to or
adopted by the City Council as a policy and as yet no mechanism to achieve
this goal has been developed. However, the Planning and Zoning Commission
may wish to take into consideration the degradation of entranceways to the
City when considering rezoning any relevant property and attempt to
evaluate which type of development would most reasonably meet the goals of
the Committee.
The effect this particular rezoning would have on surrounding properties
would probably be negligible. The property is bordered by undeveloped
industrially zoned land, intensive commercial property, and is across
Highway 1 from undeveloped land zoned community commercial. It is visible
from areas zoned single family and multi -family; an changes from the
existing agricultural use to either commercial or industrial development
may have an adverse effect on existing residential uses, with a greater
negative impact being felt by properties zoned for single family develop-
ment.
i
STAFF RECOMMENDATION
Since there is a presumption of validity in the policies of the Comprehen-
sive Plan and in the Zoning Ordinance, unless the policies of these
documents regarding the provision of opportunities for industrial develop-
ment along Highway 1 are amended, the staff recommends denial of the
requested rezoning.
ATTACHMENTS
Location map.
Approved by:
)De
ald Schn iser, Director
artment of Planning
and Program Development
a 0 %7
LAGATI o t*A A'A AP
ao97
ORDINANCE NO. 84 -
AN ORDINANCE VACATING A PORTION OF THE
GROVE STREET RIGHT-OF-WAY WEST OF FERSON
AVENUE.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA
CITY, IOWA:
SECTION I. That the 15 foot segment of
the Grove Street right-of-way directly
west of Ferson Avenue in Iowa City, Iowa,
is hereby vacated and that said portion of
right-of-way is described as follows:
Beginning at the northeast corner of
Lot 12, Block 10, Manville Addition,
thence west 150 feet, thence north 15
feet, thence east 150 feet, thence
south 15 feet to the point of begin-
ning.
SECTION II. This ordinance repeals
r inance o. 2482 adopted on June 18,
1968.
SECTION III. This ordinance shall be in
orce an effect when published by law.
SECTION IV. REPEALER. All ordinances and
parts of or nances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY. If any section,
prov s on or part of the 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.
SECTION VI. EFFECTIVE DATE. This Ordi-
nance shall be to ettect after its final
passage, approval and publication as
required by law.
Passed and approved this day of
. 1984.
MAYOR
ATTEST:
CITY CLERK
Reeelved & Approved
Ily The Legal Department
J0ii7 //
--,
It was moved by and seconded by
, that the Ordinance as rea a adopted and upon ro ca ere
were:
even. MAVC. AA'ZrNT-
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Andrea Hauer
Item: V-8404. Grove Street Vacation
Date: October 10, 1984
GENERAL INFORMATION
Applicant:
City of Iowa City and
John Harper
427 Ferson Avenue
Iowa City, Iowa 52240
Requested action:
Re -vacation of a portion of
Grove Street right-of-way
Purpose:
Correction of existing
ordinance.
Location:
West of Ferson Avenue
Size:
15'x150' (2250 sq. ft.)
Comprehensive Plan:
Residential
Applicable regulations:
Chapter 364, Code of Iowa,
1983
Existing land use and zoning;
Single family residential.
Surrounding land use and zoning:
North - University of Iowa -
owned open space.
East - University of Iowa -
i
owned open space and
residences.
South - single family resi-
dential
West - single family resi-
dential
i45 -day limitation period: N/A
SPECIAL INFORMATION
Public utilities: None
Transportation: The right-of-way is used as
access to Mr, Harper's
property.
ANALYSIS
The City of Iowa City is requesting corrective action to the original
ordinance (Ordinance No. 2482 - May 1968) which vacated a 20 foot width for
this portion of the Grove Street right-of-way; the actual width of
right-of-way west of Ferson Avenue is 15 feet. Mr. Harper has indicated his
2
desire to purchase the vacated right-of-way. Because of the error in the
original vacation, the City must correct the vacation before considering Mr.
Harper's request.
This section
feGrove to ethas
ity er been improved by the
City andthereareno plans improveit by
STAFF RECOMMENDATION
Staff recommends the vacation be approved.
ATTACHMENTS
1. Location map.
2. Site map.
3. Ordinance No. 2482
4. Letter from John Harper.
Approved by:�'
oiteidd Scimeiser, Director
partment of Planning
& Program Development
ao9P
^LOCATION MAP
Attachment 2
SITE MAP
Grove St. Vacated R -O -W
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ORDINANCE NO. 2482 Attachment 3
AN ORDINANCE VACATING ALLEY, BLOCK 1, MANVILLE HEIGHTS ADDITION.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
Section 1. That the alley in Iowa City, Iowa hereinafter described
be and the -same is hereby vacated:
The 20' wide alley in Block 1, Manville
Heights Addition to Iowa City. (427.Ferson)
Section 2. This ordinance shall be in full force and effect when
published by law.
8
Passed and approved this 18th day of June , 196L
L�l1c� L
Mayor
ATTEST r
_ZIty Clerk
It was moved by Brandt and seconded by Butherus that
the ordinance be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
RUM Brandt .x
Hickerson . x
HQMUH Butherus x
Lind x
99MEH Connell x
QJ Z
Fir at Reading lv4ya/, /4G;
Second Reading e<lye" .
Third Reading J..... It lit, t
M1
Attachment 4
July 7, 1983
To Members of the City Council:
I am writing to express my interest in purchasing a strip
of land which adjoins my home at 427 Ferson Avenue. The land
is owned by the City, and was once an extension of Grove St.
on the west side of Ferson Avenue. It was apparently vacated
by action of the City Council in 1968. The approximate
dimensions are 12' x 150'.
Since purchasing my home thirteen years ago, I have maintained
this property as though it were my own. Essentially, it is a
driveway which leads back to my garage. It adjoins my property
on the south, and a field owned by the University on the north.
Between the driveway and the field, there is a dense row of
trees, bushes, and power lines.
For the past thirteen years, I have routinely mowed and
plowed this strip, have twice spread loads of crushed rock,
and have annually pruned and thinned the line of trees and
bushes.
It seems to me that I should be accorded priority in the
purchase of this land because: '
1) It is the only access for automobiles from the street
to my garage.
2) I have maintained and upgraded the property for 13 years.
3) The other adjoining property, a field owned by the
University, has no regular use or function.
Within the past month, both Dennis Showalter and Andrea
Hauer have encouraged me to pursue the option of purchase.
I hope that the Council will solicit a staff opnion as to
purchase price and proceed with my request on an expeditious
basis.
Sincerely,
John B. Harper I
427 Ferson Ave
Iowa City, Ia 52240
iii
-^Ity of Iowa City
MEMORANDUM
Date: October 12, 1984
To: Planning and Zoning Commission
From: Karin Franklin, Senior Planner }C�/
Re: Extension of Grace Period for ` Compliance with Roomers Density
Requirements
In association with the questions raised regarding the number of roomers
permitted, the City Council has initiated action to extend the grace period
for compliance with roomers density requirements to December 31, 1984, The
December date is based on anticipated changes in lease arrangements with the
end of term at the University. Members of the Council felt the December date
would be more appropriate than November 30, which falls during a school term.
Commission action is required since the grace period is explicitly stated in
the Zoning Ordinance.
bj5/2
ORDINANCE NO. ✓ 3208
ORDINANCE TO AMEND THE ZONING ORDINANCE TO
EXTEND THE GRACE PERIOD FOR COMPLIANCE
WITH ROOMERS PROVISIONS TO DECEMBER 31,
1984.
SECTION 1. PURPOSE. The purpose of this
ordinance is to extend the grace period
for compliance with the provisions of the
Zoning Ordinance related to the maximum
number of roomers permitted to December
31, 1984. This extension is intended to
coincide with standard lease arrangements.
SECTION II. AMENDMENT. The Zoning
Ordinance is hereby amended by the
following:
Delete Section 36-7(g)(2) and insert
in lieu thereof:
(2) For those dwellings in which the
number of roomers exceeds one
(1), the provisions of paragraph
(c)(1) above shall become
applicable on December 31,. 1984.
Delete Section 36-8(g)(2) and insert
in lieu thereof:
(2) For those dwellings in which the
number of roamers exceeds one
(1), the provisions herein shall
become applicable on December 31,
1984.
Delete Section 36-10(g)(1) and insert
in lieu thereof:
(1) For those dwellings in which the
number of roomers exceeds the
number permitted in paragraph
(c)(1) above, the provisions of
this paragraph shall become
applicable on December 31, 1984.
SECTION III. REPEALER. All ordinances
and parts of ordinances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY. If any
section, provis on 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.
A/o/
SECTION V. EFFECTIVE DATE. This Or-
It was moved by Zuber and seconded by Erdahl
, that the Or finance as read be adopted and upon ro ca ere
were:
AYES: NAYS:
ABSENT:
AMBRISCO
BAKER
DICKSON
ERDAHL
MCDONALD
x_
STRAIT
ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published 11/14/84
Moved by Zuber, seconded by Erdahl, that the rule requiring ordinances to
be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be finally passed be suspended, the first and
second consideration and vote be waived and the ordinance be voted upon for
final passage at this time.
Ayes: Strait, Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald
Nays: None.
y
" Aty of Iowa City—
MEMORANDUM
Date: November 1, 1984
To: City Council
From: Marianne Milkman, Planner "4
Re: Ruppert Subdivision/MHI Auto Center
The preliminary and final subdivision plat for the Ruppert Subdivision and
the Large Scale Non -Residential Development (LSNRD) plan for MHI Auto Center
are being brought before you at this time, since a decision must be made by
you on the proposed frontage road for this property. In order to obtain
access to the property a frontage road is needed, preferably at the northern
edge of the property.
The proposed frontage road, which is an extension of an existing frontage
road to the east, is in the Highway 1 right-of-way. The Iowa Department of
Transportation (IDOT) is unwilling to permit construction of a frontage road
in the Highway 1 right-of-way, because they do not wish to incur maintenance
responsibilities. The applicant has sent a request to IDOT for the vacation
and disposition of a portion of the right-of-way to permit construction of
the frontage road. This request has received favorable review by the local
IDOT office and has been forwarded to the district office of IDOT.
The portion of Highway 1 right-of-way to be vacated includes, in addition to
the land required for the frontage road, a triangular portion of approximate-
ly 0.2 acres between the frontage road and the applicant's property (see
attached plan). The applicant plans to acquire this triangular portion which
is shown as part of Lot 1 on the final subdivision plat.
The City Council must first decide whether it wishes to have a frontage road
at this location. Staff recommends such a frontage road for providing access
to the property. The only alternative access would be from a 60' strip of
City property immediately to the east of the Ruppert property; this strip is
intended to provide access to the airport in the future.
If Council determines that the proposed frontage road is desirable, and IDOT
agrees to vacate and dispose of the requested portion of right-of-way, there
are a number of options:
The land in question could be disposed of to the applicant who would then
construct and dedicate the future frontage road to the City. This option
would require the applicant to purchase all of the required
right-of-way.
The land in question could be disposed of to the City which in turn would
dispose of the triangular tract not needed for the frontage road to the
applicant. This option would require the applicant to purchase only
approximately 0.2 acres of right-of-way. It is likely that IDOT would
transfer title of the right-of-way required for the frontage road to the
City at no cost. (This option is usually preferred by IDOT.) The
applicant would construct the frontage road.
3. Under this option, IDOT would dispose of the right-of-way required for
the frontage road to the City and would dispose of the remainder of the
right-of-way to the applicant. While this would be the simplest process
for the City, it is not known at this time if IDOT would be willing to
•• 1 ` t•.
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Y.:A:
STAFF REPORT
To: Planning & Zoning Commission
Item: S-8429 a.Ruppert Subdivision Preli-
minary Plat
MHI Auto Center Preliminary
LSNRD
S-8429 b.Ruppert Subdivision Part I,
Final Plat
MHI Auto Center Final LSNRD
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable regulations:
45 -day limitation period:
60 -day limitation period:
Prepared by: Marianne Milkman
Date: October 15, 1984
Marvin 0. Hartwig
P.O. Box 1906
Iowa City, IA 52240
Approval of preliminary and
final subdivision plat and
preliminary and final LSNRD
plan.
To construct an auto center
providing sales and service.
South side of Highway 1 West
just west of Iowa City Land-
scaping at 705 Highway 1 West.
Preliminary Plat -48.7 acres
Final Plat and LSNRD plan -6.50
acres
Agricultural; I-1, rezoning to
CI -1 requested.
North - agricultural; RM -44
East - commercial; CI -1
South - agricultural; I-1
West - agricultural; I-1
Industrial
Provisions of the Subdivision
Code, Storm Water Management
Ordinance, Airport Overlay
Zone, Large Scale Non-residen-
tial Development regulations
and Zoning Ordinance.
November 5, 1984
November 20, 1984
02/0.2,
Page 2
SPECIAL INFORMATION
Public utilities:
Public services:
Transportation:
Physical characteristics:
ANALYSIS
Water and sanitary sewer
service are available.
Municipal police and fire pro-
tection will be provided.
Vehicular access is from
Highway 1 West.
The terrain slopes gently to
the south with a narrow
waterway running from north to
south centrally across the
northern half of the property.
Ruppert Subdivision Preliminary Plat and Final Plat for Part I.
The applicant is requesting approval of a preliminary and final subdivision
plat for construction of a sales and service auto center. Such auto oriented
uses are not permitted in an I-1 zone. The applicant has requested rezoning of
the subject lot to CI -1, and this analysis is based on the assumption that the
rezoning will be approved.
The preliminary plat for this subdivision shows a one lot subdivision with the
required improvements on Part I of the subdivision. The preliminary plat
requirements for the remainder of the Ruppert subdivision should be waived at
this time.
The proposed (unnamed) frontage road along the northern frontage of the
property is an extension of an existing frontage road to the east which has
access to both east and westbound lanes of Highway 1. The proposed frontage
road is in the Highway 1 right-of-way. The Iowa Department of Transportation
(IDOT) is unwilling to permit construction of a frontage road in the Highway 1
right-of-way because they do not wish to incur maintenance responsibilities.
The applicant has sent a letter to IDOT requesting the vacation and disposition
of a portion of this right-of-way to permit construction of the frontage road.
The portion of Highway 1 right-of-way to be vacated includes, in addition to
the land required for the frontage road, a triangularportion of approximately
0.2 acres between the frontage road and the applicant's property (see accompa-
nying plan). The applicant plans to acquire this triangular portion which is
shown as part of Lot 1 on the final subdivision plat.
If IDOT agrees to vacate and dispose of the requested portion of the right-
of-way, it is recommended that all the land in question be disposed of to the
applicant who will then dedicate the future frontage road to the City. Alterna-
tively IDOT may dispose of all or part of the right-of-way to the City which in
turn will dispose of the triangular tract not needed for the frontage road to
the applicant. In addition a very small portion of the northwest corner of the
applicant's property will be needed for the frontage road right-of-way.
a/oz
Page 3
If and when the negotiations with IDOT are complete, the applicant will be
responsible for construction of the frontage road. Because of the anticipated
low volume of pedestrian traffic on this frontage road, the provision of
sidewalks should be waived for Part I of this subdivision.
The applicant proposes to hook into the existing sanitary sewer, and the
existing six inch watermain will be extended to the western lot line of the
property. Only a small portion of the storm water management holding basin is
located on Lot I. The major portion of the storm water basin is located on the
remainder of the Ruppert tract and a legal description for this storm water
management easement is provided.
MHI Auto Center Preliminary and Final LSNRD Plan
The proposed auto center will provide both sales and service. The plan
submitted for the center is in substantial compliance with the applicable
regulations.
The proposed center is located on Highway 1 West which is a main entrance to
Iowa City from the west. The land across Highway 1 to the north is zoned for
multi -family residential use. The Urban Environment Ad Hoc Committee is
concerned about maintaining attractive entrances to Iowa City, and the "Intent"
section of the CI -1 zone states that "Special attention must be directed toward
buffering the negative aspects of these uses upon any residential uses." It
should be noted that both Highway 1 and the future residential area to the
north are on considerably higher ground than the proposed auto center and a
large portion of the lot will be visible from these areas.
The applicant has submitted a tree planting plan which shows the required tree
planting areas and trees for the parking areas as well as a number of tree
planting areas and trees for the areas which will be used for the display of
new and used vehicles. Screening is also planned for a portion of the lot
which will store cars awaiting repair. The tree ordinance does not require
tree planting areas in these display areas since they are not defined as
Parking areas. The applicant has made a considerable effort to mitigate the
impact of a large number of cars stored on a hard surface area by proposing to
include almost four times the required number of trees.
DEFICIENCIES AND DISCREPANCIES
I• Legal papers cannot be completed until the IDOT right-of-way vacation and
disposal are complete.
Pears2 Bradford
3. AlleganeyServiceberrshown
ies arenot sshown ron the elist on tof recommendedatrees for
Iowa City. Approval of the City Forester must alternatively be obtained.
STAFF RECOMMENDATIONS
1. The staff recommends approval of the preliminary LSRD plan for the MHI Auto
Center and the preliminary plat of the Ruppert Subdivision with a waiver of
a preliminary platting requirements for all of the tract except Lot 1, and
subject to the vacation and disposition of a portion of the Highway 1
right-of-way for a frontage road.
,2 1'
Page 4
2. The staff recommends deferral of the final LSRD plan for the MHI Auto
Center and the final plat for the Ruppert Subdivision Part I pending
resolution of the vacation and disposition of a portion of the Highway 1
right-of-way for a frontage road.
ATTACHMENTS
1. Location map.
ACCOMPANIMENTS
1. Preliminary subdivision plat.
2. Final subdivision Dlat.
LOC47-ior,J MAP
�21a z,
ORDINANCE NO. 84-3209
ORDINANCE AMENDING SECTION 36-63(g), SIGN
REGULATIONS OF THE CB -2 ZONE, OF THE
ZONING ORDINANCE OF IOWA CITY, IOWA.
SECTION I. PURPOSE. The purpose of this
ordinance is to amend the zoning ordinance
by adding to the list of permitted signs
in the CB -2 Zone other types of signs.
SECTION II. AMENDMENT. Section
g of a Zoning Ordinance is
hereby amended by adding the following:
e. One (1) on -premises advertising marquee
sign not to exceed one (1) square foot
per lineal foot of building frontage or
50 square feet per sign face shall be
permitted for theatre marquees. Said
sign shall consist of not more than two
(2) faces and may be non -illuminated or
internally lighted with non -flashing
light source.
f. Two (2) on -premises identification
"permanent, painted" window signs not
to exceed two (2) square feet per sign .
shall be permitted per occupant.
g. On-site signs in the windows of
buildings shall be allowed provided
that they do not exceed four (4) -square
feet in area, or 25 per cent of the
area of the window upon which the sign
is affixed, whichever is less. These
signs may advertise the name, days and
hours of operation, telephone number
and other related information about the
business being conducted on the
premises. These signs may also include
information relative to the acceptance
of credit cards or bank cards.
h. One (1) identification or advertising
facia sign not to exceed 65 per cent of
-the maximum square footage for facia
signs ih the CB -2 Zone shall be
permitted in those instances where a
commercial business shall have frontage
on two (2) intersecting streets. This
facia sign shall not be located on the
same building face as that on which a
facia sign, as permitted in subpara-
graph a above, is located.
i. No more than one (1) of the following
signs (1 or 2) shall be permitted:
1. One (1) on -premises identification
or advertising monument sign not to
exceed one (1) square foot per
02/03
Page 2
lineal foot of building frontage.
Said sign shall not exceed 50 square
feet. per sign face and may be
internally or externally lighted.
2. One (1) on -premises identification
or advertising free-standing sign
not to exceed one (1) square foot
per lineal foot of building front-
age. Said sign shall not exceed 50
square feet per sign face and may be
internally or externallylighted.
SECTION III. REPEALER. All ordinances
and parts of ordinances 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 un-
constitutional.
SECTION V. EFFECTIVE DATE.- This Ordi-
nance MIT7e in effect after its final
passage, approval and publication as
required by law.
Med nd approved this 6th. day of November, 1984
ATTEST: i�JL
�—t:IT REP�C' K
Raahvd R AppmvW
:y I a Legal Dep rte Grp
to n 8y
x/03
It was moved by 744 and seconded by
that the Ordinance as read be adopted and upon ro ca ere
were:
AYES:
NAYS: ABSENT:
X
AMBRISCO
X
BAKER
X
DICKSON
X
ERDANL
X
MCDONALD
X
STRAIT
X
ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published 11/14/84
moved by Zuber, seconded by Strait, that the rule requiring ordinances to be
considered and voted on for passage at two Council meetings prior to the meeting
at which it is to be finally passed be suspended, the first and second
consideration and vote be waived and the ordinance be voted upon for final
passage at this time.
Ayes: Baker, Dickson, Grdahl, NtDonald, Strait, Zuber, Ambrisco
Nays: None
'�-)/ 03
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY LOCATED AT 209 MYRTLE AVENUE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. That the property described
below is hereby reclassified from its
present classification of RS -8 to RM -20,
and the boundaries of the RM -20 zone as
indicated upon the zoning map of the City
of Iowa City, Iowa, shall be shown to
include the property located at 209 Myrtle
Avenue.
Commencing at the intersection of the
centerlines of Myrtle Avenue and Olive
Street which point is also the northwest
corner of Lot 1 of the Subdivision of
Government Lot 3 in Section 16, Township
79 North, Range 6 west of the 5th prin-
ciple meridian, thence south 0021" West,
30.0 feet; thence east 176.0 feet to the
place of beginning and the northwest
corner of Lot A; thence south 0021" west,
265.5 feet to the south line of said Lot 1
as established by the District Court,
Johnson County, Iowa, on December 23,
1913; thence north 89004" east, 64.5 feet,
thence north 0021" east, 264.6 feet;
thence west 64.5 feet to the place of
beginning.
SECTION II. The Building Inspector is
hereby a—Eu oorized and directed to change
the zoning map of the City of Iowa City,
Iowa, to conform to this amendment upon
the final passage, approval and publica-
tion of this ordinance as provided by law.
SECTION III. The City Clerk is hereby
authorized tie 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 pars 0 ordinances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY. If any
section, provtston 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.
.'2/O
It was moved by and seconded by
, that the Ordinance as read be adopted and upon 7—oTT—Ea-775—re
aTl75—re
were:
AYES: NAYS: ABSENT:
_ AMBRISCO
_ BAKER
DICKSON
ERDAHL
_ MCDONALD
STRAIT
ZUBER
First consideration 11/6/84
Vote for passage:
Ayes: None
Nays: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber
Absent: None
Second consideration
Vote for passage
Date published
02/0
ORDINANCE NO. 84-3210
AN ORDINANCE VACATING A PORTION OF THE
MORMON TREK BOULEVARD RIGHT-OF-WAY LOCATED
ON THE -NORTH SIDE OF MORMON TREK BOULEVARD
BETWEEN PLAEN VIEW DRIVE AND THE IOWA CITY
CORPORATE LIMITS.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA
CITY, IOWA:
SECTION I: That the following -described
right-of-way in Iowa City, Iowa, is hereby
vacated for use as a street:
Parcel A, as legally described below:
Commencing at an Iron Right -of -Way Pin
with Tablet, found at a point on the
Northeasterly Right -of -Way line of Mormon
Trek Boulevard, which is 60 feet normally
distant Northeasterly of Centerline
Station 5123+00; thence S 42002'50 E,
along said Northeasterly Right -of -Way
line, 25.24 feet, to the Westerly Corner
of Lot 49 of Ty'n Cae Subdivision Part 3,
Iowa City, Iowa as Recorded in Plat book
24, at Page 18, of the Records of the
Johnson County Recorder's Office, which is
the Point of Beginning; thence S 42002'50"
E, along said Northeasterly Right -of -Way
line, 378.56 feet, to an Iron Right -of -Way
Pin with Tablet found, which is 115 feet
normally distant Northeasterly of Center-
line Station 5119+00; thence S 32002'50"
E, along said Northeasterly Right -of -Way
line, 132.00 feet to an Iron Right -of -Way
Pin with Tablet found, which is 110 feet
normally distant Northeasterly of Center-
line Station 5117+68.1; thence S 25055120"
E, along said Northeasterly Right -of -Way
line, 0.49 feet, to a point on the South
line of the Northeast Quarter, of the
Northwest Quarter, of Section 20, Township
79 North, Range 6 West, of the 5th
Principal Meridian, which is the Southwest
Corner of Lot 41 of said Ty'n Cae Subdivi-
sion, Part 3; thence N 89010'37" W, along
said South line of the Northeast Quarter,
of the Northwest Quarter, of Section 20,
85.42 feet, to a point which is 40 -feet
normally distant Northeasterly of the
Centerline of Mormon Trek Boulevard;
thence N 34013'05" W, 458.38 feet, to a
point which is 40 feet normally distant
Northeasterly of Centerline Station
Ort'^ince No. 84-3210
Pag, C
5122+75; thence 11 55046'55" E, along the
extended Southeasterly iine of Gryn Drive
23.44 feet, to the Point of Beginning.
Said tract of land contains 0.60 acres
more or less and is subject to the
following described Drainageway Easement
and all other easements and restrictions
of record.
Parcel B, as legally described below:
Commencing at an Iron Right -of -Way Pin
with Tablet, found at a point on the
Northeasterly Right -of -Way of Mormon Trek
Boulevard, which is 60 feet normally
distant Northeasterly of Centerline
Station 5123+00; thence S 55046155" W, 20
feet, to a point which is 40 feet normally
distant Northeasterly of said Centerline
Station 5123+00; thence N 34013'05" W,
25.00 feet, to a point on the North-
westerly line of platted Gryn Drive in
accordance with the Plat of Subdivision
Recorded in Plat Book 24, at Page 18, of
the Records of the Johnson County Re-
corder's Office and which point is 40 feet
normally distant Northeasterly of said
Centerline of Mormon Trek Boulevard, and
is the Point of Beginning; thence N
34013105" W, 130.60 feet, to a point which
is 40 feet normally distant Northeasterly
of Centerline P.C. Station 5124+55.6;
thence Northwesterly, 481.1 feet along a
line 40 feet radially distant North-
easterly of, and concentric with said
Centerline, on a 2824.8 foot radius curve,
concave Northeasterly, whose 480.5 foot
chord bears N 29020'20" W, to a point
I which is 40 feet, radially distant
Northeasterly of Centerline P.T. Station
5129+43.6; thence N 24027'35" W, 56.4 feet
to an Iron Right -of -Way Pin with Tablet,
found on said Northeasterly Right -of -Way
line of Mormon Trek Boulevard, which is 40
feet normally distant Northeasterly of
Centerline Station 5130+00; thence S
38026'50" E, along said Northeasterly
Right -of -Way line, 387.40 feet, to an Iron
Rightay
Pin with Tablet found, which
is 115 feet radially distant Northeasterly
of Centerline Station 5126+10; thence S
23013'50" E, along said Northeasterly
Right -of -Way line, 283.93 feet, to a point
on said Northwesterly Right -of -Way line of
Platted Gryn Drive; thence S 55046155" W,
24.85 feet, to the Point of Beginning.
.Vao
Ord'—ince No. 84-3210
Pag, d
Said tract of land contains 0.10 acres
more or less, and is subject to easements
and restrictions of record.
SECTION II. The above-described parcels
of—Ta—n will be subject to the easements
and restrictions of record, and Parcel A
shall be subject to a 50 foot wide
drainageway easement as legally described
below:
Commencing at an Iron Right -of -Way Pin
with Tablet found at a point on the
Northeasterly Right -of -Way line of Mormon
Trek Boulevard, which is 115 feet normally
distant Northeasterly of Centerline
Station 5119+00; thence S 32002'50" E,
along said Northeasterly Right -of -Way
line, 9.40 feet to a point on the Center-
line of the existing 50 Foot Wide
Drainageway Easement, as recorded in Plat
Book 24, at Page 18, of the Records of the
Johnson County Recorder's Office and which
point is the Point of Beginning on a 50
Foot Wide Drainageway Easement the
Centerline of which bears S 23040'53" W,
88.13 feet, to a point which is 40 feet
normally distant Northeasterly of Center-
line Station 5118+43.74.
SECTION III. This ordinance shall be in
full force and effect when published by
law.
SECTION IV. REPEALER: All ordinances and
parts of or inances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY: If any section,
provision or par o e 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.
SECTION VI. EFFECTIVE DATE: This Ordi-
nance shall e in effect after its final
passage, approval and publication as
required by law.
Passed and a proved this 6th. clay of November, 1984
MAYOR
ATTEST: \ '� J 4
CITY CLERK
It was moved by Zuber and seconded by Ambrisco
that the Or finance as read a adopted and upon ro ca ere
were:
AYES: NAYS: ABSENT:
X AMBRISCO
x_ BAKER
X DICKSON
X ERDAHL
X MCDONALD
X STRAIT
X ZUBER
First consideration 10/9/84
Vote for passage:
Ayes: Ambrisco, Baker, Dickson, Erdahl,
McDonald, Strait, Zuber.
Nays: None.
Second consideration 10/23/84
Vote for passage: Ayes:DicDonald, Zuber, Ambrisco,
Baker, Dickson, Erdahl. Nays: None. Absent: Strait.
Date published 11/14/84
'2jo6
1,A'`
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF THE
MORMON TREK BOULEVARD RIGHT-OF-WAY LOCATED
ON THE NORTH SIDE OF MORMON TREK BOULEVAR
BETWEEN PLAEN VIEW DRIVE AND THE IOWA CI
CORPORATE LIMITS.
BE IT ORDAINED BY THE CITY COUNCIL g IOWA
CITY, IOWA:
SECTION I: That the following -described
right-of-way in Iowa City, Iowa, is hereby
vacated for use as a street:
Parcel A, as legally described on
Exhibit A attached; and
Parcel B, as legally described on
Exhibit B attached:
SECTION II: The above-described parcels
oT_la�will be subject to the easements
and restrictions of record, and Parcel A
shall be ''subject to a 50 foot wide
drainageway easement as legally described
on Exhibit C attached.
SECTION III: /this ordinance shall be in
Tull force and effect when published by
law.
SECTION IV.. REPEALER: All ordinances and
parts of or mantes in conflict with the
provision /of this ordinance are hereby
repealed.'
SECTION V. SEVERABILITY:\ If any section,
provision or part of the`•O'rdinance 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.
SECTION VI. EFFECTIVE DATE: This Ordi-
nance shall a in effect after As '-final
passage, approval and publication as
required by law. \
Passed and approved this
MAYOR
i
ATTEST:
CITY CLERK
Receivod E Approved
BY Tho c al Deparimooril
9 Tom/
EXHIBIT A
Commencing at an Iron Right -of -Way Pill with Tablet, found at a point on the
Northeasterly Right -of -May line of Mormon Trek Boulevard, which Is 60 feet
normally distant Northeasterly of Centerline Station 5123+00; Thence
S42'02'50'E, along said Northeasterly Right -of -Way line, 25.24 feet, to the
Westerly Corner of Lot 49 of Ty'n Cae Subdivision Part 3, Iowa City, Iowa as
Recorded 1n Plat Book 24, at Page 18, of the .Records of the Johnson County
Recorder's Office;, which 1s the Point of Beginning; Thence S42"02150"E, along
said Northeasterly Right -of -Way line, 378.56 feet,
with Tablet found, 'which to an Iron Right -of -Way pin
Centerline is 115 feet normally distant Northeasterly of
Station 5119+00; Thence S32002'50"E, along said Northeasterly
Right -of -May line, 132.00'feet to an Iron/Right-of-Way Pin with Tablet found,
which is 110 feet normalf'y,distant Northeasterly of Centerline Station
5117+6feet Thence 525.55'20"S;.\ along/said Northeasterly Right -of -Way line,
j. 0.49 feet, to a point on the South fine of the Northeast Quarter, of the
Northwest Quarter, of Section 20, ib;ship 79 North, Range 6 West,of the 5th.
Principal Meridian, which is the Southwest Corner of Lot 41 of said Ty'n Cae
Subdivision, Part 3; Thence N89010'37"W aloe said South line of the
Northeast Quarter, of the Northwest uar[eg
Point which Is 40 feet normally/distant Northeasterly Sectioof2the85Centerlinetoof
Mormon Trek Boulevard; Thence N34°13'05 "k', 458. 8 feet, to a point which is 40
feet normally distant Northeasterly of Centerl a Station 5122+75; Thence
to th '55'E, along the extended Southeasterly lin of Gryn Drive 23.44 feet,
to the Point of Beginning. / Said tract of land co tains 0.60 acres more or
less and is subject to the following described Drain% eway Easement and all
other easements and restric)lons of record, i
EXHIBIT B
Commencing at an Iron 'Right -of -Way Pin with Tablet, found at a point on the
Northeasterly Right -of -Nay line of Mormon Trek Boulevard, which Is 60 feet
normally distant Northeasterly of Centerline Station 5123+00; Thence
555.46'55"W, 20 feet, t0'�\a point which is 40 Meet normally distant
Northeasterly of said Centerline Station 5123+00; Thence N34013105"W, 25.00
feet, to a point on the Northwesterly line of platted Gryn Drive In accordance
with the Plat of Subdivision Recorded in Plat Book 24, at Page 18, of the
Records of the Johnson County Recorder's Office and which point Is 40 feet
normally distant Northeasterly of`sald Centerline of Mormon Trek Boulevard,
and is the Point of Beginning; Thence\N34"13'05"W, 130.60 feet, to a point
which is 40 feet normally distant Northeasterly of Centerline P.C. Station
5124+55.6; Thence Northwesterly , 481.1 f\RIght-o
tlong a line 40 feet radially
distant Northeasterly of, and concentrisaid Centerline, on a 2824.8
foot radius curve, concave Northeastehose 480.5 foot chord bears
N29°20'20"W, to a point which Is 40 feeially distant Northeasterly of
Centerline P.T. Station 5129+43.6; Then27'35"W, 56.4 feet to an Iron
Right -of -Way Pin with Tablet, found on saeasterly Right -of -Way line of
Mormon Trek Boulevard, which is 40 feey distant Northeasterly of
Centerline Station 5130+00; Thence 538, along said Northeasterly
Right -of -Way line, 387.40 feet, to an Iro-o Way Pin with Tablet found,
which Is 115 feet radially distant Nterl of Centerllne Station
5126+10; Thence S23.13'50"E, along said Northeasterly Right -of -Hay line,
283.93 feet,to a point on said Northwesterly Right -of -Way Line of Platted
Gryn Drive; Thence S55046155"W, 24.85 feet, to the Point of Beginning. Said
tract of land contains 0.70 acres more or less, and is subject to easements
and restrictions of record.
I
L-
EXHIBIT C
Commencing at an Iron Right-of-Way\.Pin with Tablet found at a point on the
Northeasterly Right -of -Way line of Mormon Trek Boulevard, which is 115 feet
normally distant Northeasterly of Ce ter line Station 5119+00; Thence
532`02150-E, along said Northeasterly Rig! -of-Way line, 99.40 yfeet to a point
on the Centerline of the existing 50 Foot Wide Draina ewa Easement,
Recorded in Plat Book 24, at Page 18, of th it
of the Johnson County
Recorder's Office and which point is
the Point o Beginning on a 50 Foot Wide
Drainageway Easement the Centerline of which bear S23'40'S3"W, 88.13 feet, to
a point which is 40 feet normally distant Northeasterly of Centerline Station
5118+43.74. /
,,2ja,6
ORDINANCE NO. 84-;211
AN ORDINANCE OF THE CITY COUNCIL OF IOWA
CITY AND THE BOARD OF SUPERVISORS OF
JOHNSON COUNTY, ADOPTED UNDER THE PROVI-
SIONS OF CHAPTER 329 OF THE IOWA CODE,
ADOPTING ZONING REGULATIONS FOR THE
PREVENTION OF HAZARDS AND INCOMPATIBLE
USES SURROUNDING THE IOWA CITY MUNICIPAL
AIRPORT.
BE IT ORDAINED BY THE CITY OF IOWA CITY
AND BY JOHNSON COUNTY, IOWA:
SECTION I. PURPOSE. The purpose of this
ordinance, to be known as the Johnson
County/Iowa City Airport Zoning Ordinance,
or the Airport Zoning Ordinance, is to
exercise to the fullest extent possible
the powers granted to muncipalities under
Chapter 329 of the Code of Iowa (1983)
relating to the restriction of airport
hazards in the vicinity of airports by
establishing airport overlay zones in
which airport hazards and incompatible
uses are prohibited.
SECTION II. FINDINGS. The City Council
of Iowa City an a oard of Supervisors
of Johnson County find that airport
hazards and incompatible uses would
endanger the lives and property of users
of the Iowa City Municipal Airport, and
occupants of land and other persons in its
vicinity, and also would tend to destroy
or impair the utility of the airport and
the public investment therein; accord-
ingly, each municipality does hereby
declare that:
(a) The creation or establishment of an
airport hazard is a public nuisance
causing potential injury to those
served by the airport;
(b) It is necessary in the interest of
the public health, safety, and
general welfare that creation of
airport hazards and the establish-
ment of incompatible uses of land be
prevented, and that this be accom-
plished, to the extent legally
possible, by proper exercise of the
police power;
(c) The prevention of the creation or
establishment of airport hazards and
incompatible uses, and the elimina-
Ordii :e No. 84-3211
Page 2
tion, removal, alteration, mitigation
or marking and lighting of existing
airport hazards are public purposes
for which a municipality may raise
and expend public funds, as an
incident to the operation of the
airport, to acquire land or
property interests therein;
(d) Because of the propensity of sanitary
landfills for attracting birds, which
in turn are hazardous to aircraft in
flight, landfills are not considered
compatible with airport operations;
(e) It is highly desirable that there be
no structures or natural objects or
traverseways within the airport clear
zones; and
(f) Neither municipality shall become
liable for the expenditure of its
public funds unless such expenditure
shall have been approved in advance
by its governing body.
SECTION III. DEFINITIONS. The following
definitions only appy in the interpreta-
tion and enforcement of the airport
overlay zones.
(a) Airport. The Iowa City Municipal
rpor
(b) Airport elevation. The highest point
of the airport's usable landing area
measured in feet above mean sea
level, which elevation is established
to be 661 feet.
(c) Air ort hazard. Any structure, tree
or use of land which would exceed the
Federal obstruction standards as
contained in Part 77 -Subpart C of
the Code of Federal Regulations, as
revised March 4, 1972 (the "Federal
Aviation Regulations" or "FAR"), and
which obstructs the airspace required
for the flight of aircraft and
landing or takeoff at the airport or
is otherwise hazardous to such
landing or taking off of aircraft.
(d)Air ort La out Mas Plan. A drawing in
e rport
t er Plan depicting
existing and future property lines
and facilities including but not
limited to runways, taxiways, aprons,
buildings and clear zones. The
Airport Layout Plan is a component
part of the Master Plan.
0?/07
Ordi,^.ce No. 84-32B
Page 3
(e)Air ort Master Plan. A comprehen-
sive pan for development of the
airport over a 20 year time period.
The Master Plan includes among other
things, aviation activity fore-
casts, determinations of needed
airport facilities, a financial
plan and proposed time schedule
for developing facilities included in
the Master Plan, and recommendations
for use of land on and adjacent to
the airport.
(f) Airport Overlay Zoning Map. The
charts or maps of the Iowa City
Municipal Airport upon which the
airport overlay zones are depicted.
Copies of such map are on file in the
office of the City Clerk of Iowa
City, and in the office of the
Johnson County Auditor.
(g) Airport grimary surface. A surface
longitudinally centered on a runway
which extends 200 feet beyond the end
of a runway. The width of the
primary surface of a runway shall be
that width prescribed in Part 77 of
the Federal Aviation Regulations for
the most precise approach existing or
planned for either end of that
runway. The elevation of any point on
the primary surface is the same as
the elevation of the nearest point
on the runway centerline.
(h) Airspace height. For the purpose of
e erm n ng the height limits in all
zones set forth herein and shown on
the Airport Overlay Zoning Map, the
datum shall be mean sea level
elevation unless otherwise speci-
fied.
(i) Inner edge. The inner boundary of an
approach or clear zone which is
located 200 feet out from the
physical end of a paved runway
(except as otherwise noted). This
inner edge is perpendicular to the
runway center line.
(j) Instrument runway. A runway with an
existing instrument approach proce-
dure or for which an instrument
approach procedure has been approved
or planned.
C;2/o7
Ordi^ ce No. 84-3211
Page 4
(k) Light lane. An area on the approach
end of a runway reserved for the
installation of light bars to reduce
landing minimums on instrument
approaches. Usually 400 feet by 1600
feet with a slope of 50 to 1.
(1) Minimum descent altitude. The lowest
altitude, expresse in feet above
mean sea level, to which descent is
authorized on final approach or
during circle -to -land maneuvering in
execution of a standard instrument
approach procedure and where no
electronic glide slope is provided.
(m) Minimum enroute altitude. The
attitude in a ec a ween radio
fixes which assures acceptable
navigational signal coverage and
meets obstruction clearance require-
ments between those fixes.
(n) Minimum obstruction clearance
altitude. The specified altitude in
e ec etween radio fixes on VOR
airways, off -airway routes, or route
segments which meets obstruction
clearance requirements for the entire
route segment and which assures
acceptable navigational signal
coverage within twenty-two (22) miles
of a VOR.
(o) Runway. A defined area on an airport
prepared for landing and takeoff of
aircraft along its length.
(p) Visual runwn A runway intended
so e� ly for tie operation of aircraft
using visual approach precedures
with no straight -in instrument
approach procedure and no instrument
designation indicated on an FAA
approved airport layout plan or on
any planning document submitted to
the Federal Aviation Administration
(FAA) by competent authority.
SECTION IV. AIRPORT ZONES AND AIR -SPACE
HEIGHT LIMITATIONS. In order to carry ou
e provisions of this Section, there are
hereby created and established certain
zones which are depicted on the Airport
Overlay Zoning Map. A structure located
in more than one (1) zone of the following
zones is considered to be only in the zone
with the more restrictive height limita-
tion. The various zones are hereby
established and defined as follows:
'.21oJ
Ordii :e No. 81-3211
Page 5
(a) Horizontal Overlay (OH) Zone.
(1)
Defined. The land lying under a
horizontal plane 150 feet above
the established airport eleva-
tion, the perimeter of which is
constructed by swinging arcs of
10,000 foot radii from the
center of each end of the
primary surface of each runway
and connecting the adjacent arcs
by lines tangent to those arcs.
(NOTE: The radius of the
arc specified for each end of a
runway will have the same
arithmetical value. That value
will be the highest determined
for either end of the runway.
When a 5,000 foot arc is
encompassed by tangents connect-
ing two adjacent 10,000 foot
arcs, the 5,000 foot arc shall
be disregarded on the con-
struction of the perimeter of
the horizontal surface.)
(2)
Height limitation. No struc-
ture shall exceed 150 feet above
the established airport eleva-
tion in the OH Zone, as depicted
on the Airport Overlay Zoning
Map.
(3)
Use limitation. Sanitary
landfills shall not be permitted
in the OH Zone.
(b) Conical
Overlay (OC)
Zone.
(1)
Defined. The
land lying under a
surface extending outward and
upward from the periphery of the
horizontal surface of the OH
zone at a slope of 20 to 1 for a
horizontal distance of 4,000
feet.
(2)
Height limitation. No structure
shall penetrate the conical
surface in the OC Zone, as
depicted on the Airport Overlay
Zoning Map.
(3)
Use limitation. Sanitary
landfills shall not be permitted
in the OC Zone.
(c) Approach Overlay (OA) Zone.
(1)
Defined. The land lying under a
surface longitudinally centered
on the extended runway center-
line and extending outward and
02/07
Ordi , ce No. 84-3211
Page o
upward from each end of the
primary surface. (NOTE: An
approach surface is applied to
each end of each runway based
upon the type of approach
available or planned for that
runway end.)
a. The inner edge of the
approach surface is:
1. 500 feet wide for
runways 12, 17, 30 and
35.
2. 1000 feet wide for
runways 6 and 24 (the
inner edge for runway 6
is 1200 feet from the
existing pavement).
b. The outer edge of the
approach surface is:
1. 1,500 feet wide for
runways 12 and 17.
2. 3,500 feet wide for
runways 6, 30 and 35.
3. 4,000 feet wide for
runway 24.
c. The approach surface zone
extends for a horizontal
distance of:
1. 5,000 feet at a slope of
20 to 1 for runways 12
and 17.
2. 10,000 feet at a slope
of 34 to 1 for runways
6, 24, 30 and 35.
d. The light lane for runway 24
is 400 feet wide beginning
at a point 490 feet south-
westerly on the runway
centerline from the center
of the end of the existing
runway pavement (including
any and all paved safety
areas). Extending for a
horizontal distance of 1600
feet northeasterly at a
slope of 50 to 1.
(2) Height limitation. No structure
shall penetrate the approach
surface in the OA Zone 'as
Over depicted on the Airport ay
Zoning Hap.
(3) Use limitation. Sanitary
landfills shall not be permitted
in the OA Zone.
Ordi ce No. 84-3211
Page 7
(d) Clear Overlay (OCL) Zone.
(1) Defined. The land lying under a
surface longitudinally centered
on the runway centerline or
extension thereof and described
as follows:
a. Runway 6 - 1000 feet wide
beginning at a point 200
feet from the edge of the
existing runway on the
extended runway centerline
for a horizontal distance of
1000 feet; thence widening
uniformly to a width of 1425
feet at a distance of 2700
feet from the point of
beginning.
b. Runways 12 and 17 - 500 feet
wide at the inner edge of
the OA Zone; thence widening
uniformly to a width of 700
feet a distance of 1000 feet
from the inner edge.
c. Runway 24 - 1000 feet
wide beginning at a point
490 feet southwesterly on
the runway centerline from
the center of the end of the
existing runway pavement
(including any and all paved
safety areas); thence
widening uniformly to a
width of 1510 feet at a
distance of 1700 feet
northeasterly on the
extended runway centerline
from the point of beginning;
thence, at a distance of
1700 feet northeasterly from
the point of beginning the
width shall be 813 feet wide
and widening uniformly to a
width of 1010 feet wide at a
distance of 2390 feet
northeasterly on the
extended runway centerline
from the point of begin-
ning.
d. Runways 30 and 35 - 500 feet
wide at the inner edge of
the OA Zone; thence widening
uniformly to a width of 1010
feet at a distance of 1700
feet from the inner edge.
a1di
Ord in .e No. 84-5211
Page 8
(2)
Height limitation. No structure
shall penetrate the clear
surface of the OCL Zone, as
depicted on the Airport Overlay
Zoning Map.
(3)
Use limitations. No use
shall be permitted in the OCL
Zone in which there is con-
nected therewith a building
which according to the 1982
edition of the Uniform Building
Code, has an occupancy rating of
50 square feet of floor area
per person or less. In addition,
the following uses shall not be
permitted:
(a) Campgrounds.
(b) Fairgrounds.
(c) Hospitals and institutions.
(d) Motels and hotels.
(e) Nursing and custodial home.
(f)
Residential uses.
(g)
Restaurants and similar
eating and drinking
establishments.
(h) Sanitary landfills.
(i) Schools, including nur-
series, pre -kindergartens
and kindergartens.
Stadiums.
(k) Storage of fuel or other
hazardous materials.
(1) Theaters.
(e) Transitional Overlay (OT) Zone.
(1)
Defined. The land lying under
those surfaces extendiny outward
and upward at right angles to
the runway centerline and the
runway centerline extended at a
slope of 7 to 1 from the sides
of the primary surface and from
the sides of the approach
surfaces to the intersection
with the Horizontal Overlay (OH)
Zone.
(2)
Height limitation. No structure
shall penetrate the transitional
surface of the OT Zone, as
depicted on the Airport Overlay
Zoning Map.
(3)
Use limitation. Sanitary
landfills shall not be permitted
in the OT Zone.
/07
Ordi. :e No. 84-321T
Page 9
SECTION V. USE RESTRICTIONS. In addition
o the above res rlc ions on land, the
following special requirements shall
apply.
(a) Any person who proposes any develop-
ment of a height greater than an
imaginary surface extending outward
and upward at the slope of 100 to 1
for a horizontal distance of 20,000
feet from the nearest point of the
nearest runway shall notify the
Federal Aviation Administration
(FAA). One executed form set (four
copies) of FAA Form 7460-1, Notice of
Proposed Construction or Alteration
shall be sent to the Chief, Air
Traffic Division, of the FAA Regional
Office in Kansas City, Missouri, one
copy to the Iowa City Airport
Commission, and one copy to the
Johnson County/Iowa City Airport
Zoning Commission. (Copies of FAA
Form 7460-1 may be obtained from the
FAA. See Federal Aviation Regula-
tions, Section 77.13.)
EXCEPTION: No person is
required to notify the FAA Adminis-
trator of the construction or
alteration of any object that would
be shielded by existing structures of
a permanent and substantial character
or by natural terrain or topographic
features of equal or greater height,
and would be located in the congested
area of a city, town, or settlement
where it is evident beyond all
reasonable doubt that the structure
so shielded will not adversely affect
safety in air navigation. (See
Federal Aviation Regulations sec.
77.15.) It shall be the responsibil-
ity of the appropriate Building
Official, prior to issuance of a
building permit for such object, to
determine whether or not the shield-
ing satisfies the foregoing require-
ments.
(b) No structure shall be erected that
raises the published minimum descent
altitude for an instrument approach
to any runway, nor shall any struc-
ture be erected that causes the
'Z/DJ
Ordi ce No. 84-3211
Page 10
minimum obstruction clearance
altitude or minimum enroute altitude
to be increased.
(c) Li htin .
lighting or illumination
used in conjunction with
streets, parking, signs or other
use of land and structures shall
be arranged and operated in such
a manner that it is not mislead-
ing or dangerous to aircraft
operating from the Airport or in
the vicinity thereof.
(2) The owner of any structure over
200 feet above ground level
shall install on the structure
lighting in accordance with
Federal Aviation Administration
Advisory Circular 70-7460 and
amendments.
(3) Any permit or variance granted
by the Airport Board of Adjust-
ment may be so conditioned as to
require the owner of the
structure or growth in question
to permit the City or the Iowa
City Airport Commission to
install, operate and maintain
thereon such markers or lights
as may be necessary to indicate
to pilots the presence of an
airspace hazard.
(d) No operations from any use shall
produce electronic interference with
navigation signals or radio
communication between the airport
and aircraft.
SECTION VI. NON -CONFORMITIES.
A. DEFINED - ny strut ure or portion
thereof which does not conform to the
provisions of this Ordinance relative
to height, and any use which is not
allowed within the Airport Overlay
Zone in which it is located by reason
of the adoption of Iowa City Ordinance
Nos. 83-3133 and 83-3160, or this
Ordinance, or subsequent amendments
thereto, is non -conforming.
B. REGULATIONS NOT RETROACTIVE - The
regulations prescribed herein shall
not be construed to require the
removal, lowering, or other change
to or alteration of any structure or
tree not conforming to the regulations
�OJ
Ordi.. ,ce No. 84-3211
Page 11
as of the effective date of this
Ordinance, or to otherwise interfere
with the continuance of any
non -conforming use. However, no
pre-existing non -conforming structure,
tree, or use shall be replaced,
rebuilt, altered, or allowed to grow
higher, or be replanted, so as to
constitute a greater airport hazard
than it was when these regulations
were adopted. Nothing contained
herein shall require any change in the
construction, alteration, or intended
use of any structure, construction or
alteration of which was begun prior to
the effective date of this Ordinance
and is completed within one (1) year
thereafter.
C. MARKING AND LIGHTING - Notwithstanding
the preceding provision of this
section, the owner of any
non -conforming structure or tree is
hereby required to permit the instal-
lation, operation, and maintenance
thereon of such markers and lights as
shall be necessary to indicate to the
operator of aircraft in the vicinity
of the Airport, the presence of such
airport hazards. Such markers and
lights shall be installed, operated,
and maintained at the expense of the
Iowa City Airport Commission.
SECTION VII. AIRPORT ZONING COMMISSION. A
Johnson County/Iowa City Airport Zoning
Commission shall be provided as follows:
The Airport Zoning Commission shall
consist of five members, two of whom shall
be appointed by the Board of Supervisors
of Johnson County and two of whom shall be
selected by the City Council of the City
of Iowa City, Iowa, and one additional
member to act as Chairman, who shall be
selected by a majority vote of the members
selected by the Board of Supervisors and
City Council. The terms of such members
shall be as provided by Section 329.9 of
the Iowa Code. As required by Section
329.9 of the Iowa Code, such Airport
Zoning Commission shall follow the
procedures provided in Sections 414.4 and
414.6 of the Iowa Code.
SECTION VIII. BOARD OF ADJUSTMENT. An
Airport Board of Adjustment ("Boar7") is
hereby established as follows:
,2107
Ord i. ice No. 84-3211
Page 12
The Board shall consist of five
members, two of whom shall be appointed by
the Board of Supervisors of Johnson County
and two of whom shall be appointed by the
City Council of Iowa City, and one
additional member to act as Chairman who
shall be selected by a majority vote of
the members selected by the Board of
Supervisors and City Council. The terms
of such members shall be as provided in
Section 329.12 of the Iowa Code. Such
Board shall have the powers and duties,
and shall follow the procedures, provided
by Sections 329.11 and 329.12 of the Iowa
Code.
SECTION IX. SPECIAL EXCEPTIONS.
a e eig an use limitations
contained in the Airport Overlay
Zones may be modified by special
exception granted by the Airport
Board of Adjustment. However, no
such special exception shall be
granted unless the Board finds, based
upon written advice from the Federal
Aviation Administration, and the
Aeronautics Division of the Iowa
Department of Transportation, that -
(1) In an application to permit any
structure, tree, or use of land
to exceed the height or use
limitations of the Airport
Overlay Zones, that such
structure, tree, or use of
land, would not obstruct
landing and take -off of aircraft
at the Airport.
(2) In an application to permit a
use of land otherwise prohibited
herein, that such use would not
be incompatible with airport
operations.
(b) An applicant for a special
exception hereunder shall, as part of
the application submitted to the
Board, file the required written
advice of the Federal Aviation
Adminstration, and the Aeronautics
Division of the Iowa Department of
Transportation, No application for a
special exception hereunder shall be
set for hearing by the Board until
such advice has been filed.
x/07
Ordi ^ce No. 84-3211
Page 13
SECTION X. VARIANCES. Any person
desiring to erect, or increase the height,
of any structure, or to permit the growth
of any tree, or otherwise use property in
a manner which would constitute a viola=
tion of these regulations, may apply to
the Board for a variance from these
regulations. Such variances shall be
allowed only where a literal application
or enforcement of these regulations would
result in unnecessary hardship, and the
relief granted would not be contrary to
the public interest, but would do substan-
tial justice and be in accordance with the
spirit of these regulations and of Chapter
329 of the Iowa Code; provided however,
any such variance may be allowed subject
to any reasonable conditions that the
Board may deem necessary to effectuate the
purposes of Chapter 329 of the Iowa Code,
including but not limited to the follow-
ing: Any such variance shall be subject
to a requirement that the person request-
ing the variance, at such person's own
expense, install, operate, and maintain
thereon such markers and lights as may be
necessary to indicate to operators of
aircraft the presence of an airport
hazard; and
The reservation of the right of the
City of Iowa City and the Iowa City
Airport Commission, at their own expense,
to go onto the permittee's property to
install, operate, and maintain thereon
such markers and lights as may be nec-
essary to indicate to operators of
aircraft the presence of an airport
hazard.
Any appeal from the decision of the
Board of Adjustment shall be in accordance
with the provisions of Section 414.15 at
seq of the Iowa Code.
ION XI. ADMINISTRATION AND ENFORCE-
MENT.
e administration o ese on ng
Regulations shall be performed by the
appropriate county or city building
official, as the case may be. Enforcement
of these Zoning Regulations shall be the
responsibility of the Iowa City Airport
Commission, or through such persons or
representatives as the Iowa City Airport
.Commission may from time to time direct.
However, as provided by Section 329.13 of
the Iowa Code, such duties of enforcement
.2101
Ordi. -e No. 84-3211
Page 14
and administration shall not include any
of the powers herein delegated to the
Board of Adjustment.
SECTION XII. EQUITABLE REMEDIES. The
City of Iowa City or the Iowa , y Airport
Commission may, as authorized by Section
329.5 of the Iowa Code, maintain an action
in equity to restrain and abate as a
nuisance the creation or establishment of
an airport hazard pertaining to the Iowa
City Municipal Airport in violation of
these regulations for any area, whether
within or without the territorial limits
of the City of Iowa City.
SECTION XIII. CONFLICTING REGULATIONS. In
e event of any conflict be—f—w—ee—n--Ehese
Airport Zoning Regulations and any other
regulations applicable to the same area,
whether the conflict be with respect to
the height of structures or trees, the use
of land, or any other matter, the more
stringent limitation or requirements shall
govern or prevail.
SECTION XIV. PROHIBITED ACTS. It shall
be unlawful for any person to do any of
the acts hereinafter stated unless a
special exception or variance from the
provisions of these regulations shall have
been allowed by the Board of Adjustment:
1. No person shall erect or increase the
height of any structure, or permit the
growth of any tree, to a height in
excess of that provided by of these
regulations for the zone or area where
such act occurs.
2. No person shall hereafter place, or
cause to be placed, above ground,
transmission or distribution lines or
poles or other structures supporting
the same within 200 feet of the outer
boundary of the airport as said
boundary is shown on the Airport
Overlay Zoning Map.
3. No person shall otherwise use property
within a zone established by these
regulations in violation of the use
restrictions of these regulations, or
in such a manner as to create an
airport hazard as defined herein.
SECTION XV. PENALTIES. Each violation
of these regu ations shall constitute a
misdemeanor and the perpetrator thereof,
upon conviction, shall be punished by a
fine of not more than $100 or by imprison -
x/1917
Ordi.^,ce No. 84-32IJ
Page 15
ment for not more than 30 days. Each day
a violation occurs or continues to exist
shall constitute a separate offense.
SECTION XVI. REPEALER. All ordinances
an parts o or mantes in conflict
with the provision of this ordinance are
hereby repealed. Sections 36-38 through
36-43 of the Iowa City Code of Ordinances
are also repealed hereby.
SECTION XVII. SEVERABILITY. If any
section, prov sion or part of the Ordi-
nance shall be adjudged to be invalid or
unconstitutional, such ajudication shall
not affect the validity of the Ordinance
as a whole or any section, provision or
part thereof not adjudged invalid or un-
constitutional.
SECTION XVIII. EFFECTIVE DATE. This
Ordinance shall be in effect after its
final passage by both the Board of
Supervisors of Johnson County and the City
Council of Iowa City, approval and
Publication as required by law.
Passed and approved y the City
b
Council of Iowa City, Iowa, this 6th.
day of November _ . 1984_ _
ATTEST:
Passed and approved by the Board of
Supervisors of Johnson County, Iowa, this
8th day of November 1984,
H IRMAI
ATTEST: /
JOHNSON COUNTY AUDITOR
12107
r--
OrdinL a No. 84-3211
Page 16
It was moved by Ambrisco and seconded by cso
that the Ordinance as reade a opted by the City ounDi o Iowa C ty
an upon roll call vote there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Dickson
X Erdahl
X McDonald
x Strait
x_ Zuber
First consideration 10/11/84
Xote for assage:
yes: Amgrisc , Dickson, McDonald, Strait.
Nays: Zuber. Absent: Baker, Erdahl.
Second consideration: 10/23/84
Vote for passage : Ayes: Zuber, Ambrisco, Baker, Dickson,
Erdahl, McDonald. Nays: None. Absent: Strait.
Date published 11/14/84
It was moved by Myers and seconded by Ockenfels
that the Ordinance as read-Fe—adapted by the Johnson County Board -F
upS-ervisors, and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Donnelly
X
Langenberg
X
"rs .
X
Ockenfels
X Sehr
First consideration 10/11/84
Vote for passage:
Ayes: Donnellyy, Langenberg, Myers,
yg gc�enfels.
SecoaM consird6ration: 10/25/84
Vote for passage:
Ayes: Donnelly, Langenberg, Myers, Ockenfels.
Nays: Sehr.
Date published
OF
pRECEDING
DOCUMENT
�-
Z
ORDINANCE NO. 84-3212
AN ORDINANCE AMENDING SECTION 18-32(b)(2)
OF THE HUMAN RIGHTS CHARTER OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA.
SECTION 1. PURPOSE. The purpose of this
amendment is to delete from one of the
housing discrimination exemptions a
requirement that renters must pass through
the owner's living area and to clarify the
type of housing covered by this exemption.
SECTION 2. AMENDMENT. Section
18;%bt) (2) of the Code of Ordinances of
the City of Iowa City, Iowa, is hereby
repealed and substituted in its place is
the new Section 18-32(b)(2):
Sec. 18-32. Housing; exceptions.
(b) The following are exempt from the
provisions of this section:
(2) the rental or leasing of four
(4) or fewer rooms within. a
single housing accommodation
by the owner of such housing
accommodation, if the owner
resides therein.
SECTION 3: REPEALER: All ordinances and
parts of ordinances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION 4. SEVERABILITY: If any section,
provision or part of the 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.
SECTION 5. EFFECTIVE DATE: This Ordi-
nance shall be -in effect after its final
passage, approval and publication as
required by law.
Passed and approved this 6th, day of November, 1984
MAYUK
ATTEST: %%lo ue ,J 4' %his A&
--c CITY CLERK
Received A Approved
!ty The Legal Do orlment
9 i9
ai3s
It was moved by Zuber and seconded by Baker
that the Ordinance as read be'adopted and upon ro ca ere
were:
AYES: NAYS: ABSENT:
x AMBRISCO
x BAKER
x DICKSON
x ERDAHL
x MCOONALD
x STRAIT
LUBER
First consideration In/9/84
Vote for passage:
Ayes: Erdahl, Ambrisco, Baker, Dickson, McDonald, Strait, Zuber
Nays: None .
Second consideration 10/23/84
Vote for passage
Ayes: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald.
Nays: None
Absent: Strait
Date published 11/14/84
1;?/3 S
ORDINANCE N0. 84-32B
ORDINANCE AMENDING SECTIONS 5-6(a) AND
5-6(d) OF THE CODE OF ORDINANCES OF THE
CITY OF IOWA CITY, IOWA.
SECTION I. PURPOSE. The purpose of these
amendments is to reduce the minimum square
feet requirement for dancing licenses from
200 square feet to 150 square feet and to
base the annual license fee upon the same
reduced square footage.
SECTION II. AMENDMENTS.
1. Section 5-6FaT-7T the Code of Ordi-
nances of the City of Iowa City, Iowa, is
hereby repealed and substituted in its
place is the new Section 5-6(a):
Sec. 5-6. Dancing restricted in
connection with business;
(a) When allowed. Dancing is hereby
authorized in connection with the
operation of a liquor control license
or a Class B beer permit in establish-
ments having at least one hundred
fifty (150) square feet for dancing
subject to the licensing provisions
and regulations of this Code and the
statutes of the state.
2. Section 5-6(d) of the Code of Ordi-
nances of the City of Iowa City, Iowa, is
hereby repealed and substituted in its
place is the new Section 5-6(d):
(d) License fee. The annual license
fee shall be thirty-seven dollars and
fifty cents (237.50) for each one
hundred fifty (150) square feet of
dancing area. Such fee shall be
prorated for fractions of the square
foot requirements. The initial license
shall be valid for the same time
period as applicant's liquor control
license or Class B beer permit, and
the cost shall be prorated on that
basis of time.
SECTION III. REPEALER: All ordinances and
parts of ordinances Tn conflict with the
provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY: If any
section, prov s on 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 un-
constitutional.
"�/3&
SECTION V EFFECTIVE•OATE: This Ordinance
sFal 1 be in ef f ec a ter its final
passage, approval and publication as
required by law.
Passed aqd approved this 6th. day of November, 1984
ATTEST: f //IOivaqt,)
Received Z Approved
Dy re Legal DepeAmeM
9 z7
o,7/3&
It was moved by • -- - and seconded by Dickson- — that
the Ordinance be a opte ; and upon roll call there were:
AYES: NAYS: ABSENT:
X.. .._...... Ambrisco
.. _ —Baker
Dickson
X � •Erdahl
x McDonald
X •• .Strait
X. —.. Zuber
First Consideration l0/9/B4 —
Vote for passage: Ayes: Ambrisco, Dickson, McDonald,
Strait, Zuber. Nays: Baker, Erdahl
Second Consideration .... •10/23/84
Vote for passage: Ayes: Ambrisco, Dickson, McDonald,
Zuber. Nays: Baker, Erdahl. Absent: Strait.
Date published .........1]/14/84....•••.•••
a134,