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HomeMy WebLinkAbout2008-04-29 OrdinanceL Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE N0. 08-4303 ORDINANCE REZONING APPROXIMATELY 17.97 ACRES LOCATED SOUTH OF RUPPERT ROAD FROM COMMUNITY COMMERCIAL (CC-2) TO INTENSIVE COMMERCIAL (CI-1 ). (REZ08-00002) WHEREAS, ITC Midwest LLC has requested a rezoning of property located south of Ruppert Road from Community Commercial (CC-2) to Intensive Commercial (CI-1 ); and WHEREAS, the Comprehensive Plan identifies this area as appropriate for Intensive Commercial development; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended that it be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of CC-2 to CI-1: North Airport Development lots 2, 3, and 4 and outlots 2A, 3A, and 4A as described in the Final Plat of North Airport Development -Part Two recorded in Book 45, Page 91, dated January 10, 2003 in the records of the Johnson County Recorder. SECTION II. ZONING MAP. 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 by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Pa s d and approve this day of Aril , 20~_. A EST: ~Qel~t.J C CLERK Approved by City Attorney's Office 3l / /~~ Ordinance No. 08-4303 Page ~` It was moved by 0' Donnell and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES x x x x x x X NAYS ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 4 / 14 / 2008 Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration - Vote for passage: Date published 5/7/2008 Moved by O'Donnell, seconded by Champion, that the rule requiring ordinances to be considere and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be vo~edc upon for final passage at this time. AYES: Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. ~~~.®t~J ~m~~`~ . ~®..~ CITY OF IOWA CITY 7d MEMORANDUM Date: April 23, 2008 To: City Council From: Adam Ralston, Planning Intern Re: Screening Standards relating to item REZ08-00002 This memo summarizes screening standards and setbacks that would apply to outdoor storage areas in a CI-1 zone. These standards would apply to property within Aviation Commerce Park North if a rezoning from Community Commercial (CC-2) to Intensive Commercial (CI-1) were approved. Where an outdoor storage area cannot be hidden by a building, it must be set back from neighboring properties at least 10 feet and from a public right-of-way by at least 20 feet. In both cases, the storage area must be screened to at least the S3 standard. If a fence is placed around the storage area, the screening must be placed between the fence and property line. The intent of the S3 screening standard is to provide a visual and physical separation between uses. This standard calls for a continuous screen or hedge at least 5 to 6 feet in height and more than 50 percent solid throughout the year. The screening materials must be at least 3 feet in height when planted. There are alternatives allowing for a berm, masonry wall, or solid fence to be used. With each alternative, the total height of screening must be at least 5 to 6 feet in height. If a wall or fence is used, a minimum of one shrub per 10 linear feet must be planted to avoid long, monotonous stretches of wall. Gaps in screening are permitted only for access points and to accommodate street trees. 04/21/2008 11:58 12483747285 April .~ i, 2vva -- . -. -.. Marian ~. Karr City Clerk 410 East Washington St. lows City, IA 52240 1ZE: Aviation Conxmcrce Park -ITC Midwest Dear Ms. Karr; We are writing to request that the 2nd and 3rd rezoning readi,*~?~~~-rc,13~,rsef~lrrto~ ~ti;;;,--- ~--~ty %ouncii ivleeting due to the following reasons: 1. Titxlc coztstrai~nts on the construction schedule, 2. Material delivery date: Steel Apri128th, 2008. 3. Training of staff and opening date of facility. The first reading took place at the Last council meeting, April 1 ~+'~, ivvu where the request passed 7-0. We are hopeful that by collapsing the 2~~d and 3rd readi~ag into the Apri129th City Council Meeting date that we will then be able to close Apri130th. We have a delivery date on this project of August 31st, 2008. Sin~clerely, l '~~.Gd.1 ~~~ ~ r Jessica Welch Warehouse and Logistics Managex ITC Holdings, Carp. 27175 Energy Way Novi, MI 48377 (734) 770-1019 'lwelch itciransco.com ITC PAGE 01101 N ~~ t~ c::y ._-' ~J ~ _-y-1 ~_ ~ ~ ~,, Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington SC., Iowa City, IA 5240 (319)356-5053 ORDINANCE N0. ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 3- 4-4, ENTITLED "WASTEWATER TREATMENT WORKS USER CHARGES," OF THE CITY CODE, TO INCREASE OR CHANGE WASTEWATER USER CHARGES AND FEES IN IOWA CITY, IOWA. WHEREAS, pursuant to Chapter 384, Code of Iowa (2007), the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the Cit~ls wastewater treatment works; and WHEREAS, the City of Iowa City is required to comply with federal wastewater treatment standards; and WHEREAS, it is in the public interest to increase certain fees and charges in order to adequately fund the costs of operation, maintenance, necessary expansion and debt service for the City's wastewater treatment facilities; and WHEREAS, wastewater rates were last increased in 2006; and WHEREAS, the Iowa City City Council proposes to increase wastewater user fees by approximately 5% for billings on or after July 1, 2008 to finance these activities. NOW., THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 4, entitled "Wastewater Treatment Works User Charges," of the City Code should be and is hereby amended by repealing Section 3-4-4 and enacting in lieu thereof a new section 3-4-4 entitled "Wastewater Treatment Works User Charges" to read as follows: Ordinance No. Page 2 2_A_A• WACTGWAT~R TRGATMFNT WCIRKS IISFR CHARGES' Sanitary Sewer Service Charges; Amount of Fee, City Code Description of Fee, Charge, Bond, Charge, Bond, Chapter, Article or Fine or Penalty Fine or Penalfy Section Reference Minimum Monthly Charge (includes the First $ 8.15 14-3A-4 100 Cu. Ft. of Water Used) Monthly Charge for Each Additional 100 Cu. Ft. 3.99 14-3A-4 of Water Used Monthly Surcharge BOD (per pound) 300 or less MPL* Included in charge for 100 14-3A-4 cu.ft. of water used BOD (per pound) from 301 MPL to 2000 MPL* .284 14-3A-4 BOD (per pound) greater than 2000 MPL* .425 14-3A-4 Suspended Solids (SS) (per pound) .227 14-3A-4 Monthly Minimum, Unmetered User 33.36 14-3A-4 Manufactured Housing Park, Monthly Minimum 33.36 14-3A-4 Per Lot Holding Tank Waste -plus landfill fees $.032 per gal. 14-3A-4 Holding Tank Waste Hauler -Annual Permit $907 per year 14-3A-4 Deposit and Delinquency Fee for Combined City Water 14-3A-7 and/or Sanitary Sewer and/or Solid Waste Collection Accounts Residential owner account, per combined $ 0 residential service for City water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined resi- $80.00 dential service for City water and/or sanitary sewer and/or solid waste collection service Five (5) percent delinquency charge on current 5.0% current billed portion of the outstanding amount on com- billed portion biped water and/or sanitary sewer and/or solid waste account that is not paid within twenty-two (22) days of billing date. Delinquency Deposit Fee for Combined CityWater and/or An amount 14-3A-5 Sanitary Sewer and/or Solid Waste Collection Accounts equal to an average two- month billing for the delinquent account *Milligrams per liter (MPL) Ordinance No. Page 3 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect July 1, 2008. Passed and approved this day of , 2008, MAYOR ATTEST: CITY CLERK Ap roved by ~~~~ City Attorneys Office Date FlnadmlordlsewerincOB.doc Ordinance No. Page It was moved by and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright that the First Consideration 4 / 29 / 2008 Vote for passage: AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn. NAYS: Nonw. ABSENT: None. Second Consideration _ Vote for passage: Date published ~-~ ' ~~ Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 08-4304 ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY", CHAPTER 1, ENTITLED "NUISANCES" TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES ON NON-LICENSED PREMISES BETWEEN 2 A.M. AND 6 A.M. MONDAY THROUGH SATURDAY, AND BETWEEN 2 A.M. AND 8 A.M. ON SUNDAY. WHEREAS, City Code Title 6, Chapter 1, Section 2 titled "Public Nuisance Defined: Public Nuisance Enumerated" defines certain behaviors which are injurious to the senses or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by the public and community; and WHEREAS, over consumption and under-age consumption of alcohol, and the secondary effects thereof are contrary to the public health, welfare and safety of the citizens of Iowa City and such problems would be exacerbated by the allowance of "after-hours" establishments which allow for the consumption of alcoholic beverages. WHEREAS, the City finds that the consumption of alcohol on premises where food, beverages or entertainment are sold for compensation between 2 a.m. and 6 a.m., Monday through Saturday, and between 2 a.m. and 8 a.m. on Sunday is a public nuisance; and WHEREAS, having so found, the City desires to prohibit said behavior. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 6, entitled "Public Health and Safety," Chapter 1, entitled "Nuisances," Section 2, entitled "Public Nuisance Defined: Public Nuisances Enumerated," is hereby amended to add section (S): (S) Consumption on unlicensed premises. Any building, place or premises where food, beverages or entertainment are sold or provided for compensation, or where persons are charged to enter, upon which alcoholic beverages are consumed between 2:00 a.m. and 6:00 a.m. Monday through Saturday, and between 2:00 a.m. and 8:00 a.m. on Sunday, when said building, place or premises has not been issued a liquor control license or wine or beer permit. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approv and publication, as provided by law. P ed and app oved is 29th day of April , 2008. C Approved by: M ~ City Attorney's Office ATTEST: ~ ~~ CIT - LERK Ordinance No. 08-4304 Page 2 It was moved by o' Donnell and seconded by Correia Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion _~ Correia x Hayek x O'Donnell x Wilburn ~_ Wright that the First Consideration 4 / 14 / 2008 Vote for passage: AYES: O'Donnell, Wilburn, Wright, Champion, Correia, Hayek. NAYS: Bailey. ABSENT: None. Second Consideration ---------------- Vote for passage: Date published 5/7/2008 Moved by O'Donnell, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. NAYS: None. ABSENT: None.