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HomeMy WebLinkAbout2008-05-13 Ordinance05-13- 8 4e Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 11.7 ACRES OF LAND LOCATED ON RUPPERT ROAD WEST OF OLD HIGHWAY 218 FROM COMMUNITY COMMERCIAL (CC-2) TO INTENSIVE COMMERCIAL (CI-1 ). (REZ08-00004) WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of properties located on Ruppert Road west of Old Highway 218 from Community Commercial (CC-2) to Intensive Commercial (CI- 1); and WHEREAS, business uses conforming to a CI-1 zone are compatible with current surrounding land uses; and WHEREAS, the Comprehensive Plan indicates that these parcels are appropriate for uses consistent with the CI-1 zone; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning classification of Community Commercial (CC-2) to Intensive Commercial (CI-1) is hereby approved: Lots 8 through 17 of the North Airport Development as described in the Final Plat of North Airport Development recorded in deed book 43, page 182, dated October 17, 2001 in the records of the Johnson County, Iowa, Recorder. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, 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 All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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. Passed and approved this day of , 20 .MAYOR ATTEST: CITY CLERK Appro d by ~1~~~if7G2~'~ .Cj~~1e~ City Attorney's Office L~.~y ~~j~ Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 5 / 13 / 2008 Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published U5-13-08 4f Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 8.95 ACRES OF LAND LOCATED ON RUPPERT ROAD WEST OF OLD HIGHWAY 218 FROM COMMUNITY COMMERCIAL (CC-2) TO NEIGHBORHOOD PUBLIC (P-1 ). (REZ08-00004) WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of properties located on Ruppert Road west of Old Highway 218 from Community Commercial (CC-2) to Neighborhood Public (P-1 ); and WHEREAS, these properties are currently under the ownership of the City of Iowa City and are intended to remain under said ownership; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning classification of Community Commercial (CC-2) to Neighborhood Public (P-1) is hereby approved: Outlots B and C of the North Airport Development as described in the Final Plat of North Airport Development recorded in deed book 43, page 182, dated October 17, 2001 in the records of the Johnson County, Iowa Recorder. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, 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. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Appr ed by llfG~ ~c~~~~~' %~~/ ity Attorney's Office ~j/~ ~~~~ 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 5 / 13 / 2008 Vote for passage: AYES: Correia, Hayek, O'Donnell, Wilburn, Wright,Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 4- 9- 4 dpj~^e~e ~~"~C% Prepared by: Doug Ongie, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. AN ORDINANCE VACATING 150 FEET OF THE 20-FOOT WIDE EAST-WEST ALLEY RIGHT-OF- WAY LOCATED BETWEEN LUCAS ADDITION LOTS 3 AND 4, AND Lots 5 AND 6. (VAC08-00001). WHEREAS, the applicants, William and Mia Wang, have requested the vacation of an east-west alley right-of-way between Lucas Addition Lots 3 and 4, and Lots 5 and 6; and WHEREAS, no public or private utilities are located in the alley right-of-way; and WHEREAS, the east-west alley right-of-way in question serves no pedestrian or vehicular purpose; and WHEREAS, the Planning and Zoning Commission has recommended approval of the requested vacation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The property described below is hereby vacated by the City of Iowa City: East-west alley right-of-way located between Lucas Addition Lots 3 and 4, and Lots 5 and 6. 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 after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Appr ed by City Attorney's Office ~/z/~~ ~~ ,. STAFF REPORT To: Planning & Zoning Commission Item: VAC08-00001 GENERAL INFORMATION: .Prepared by: Doug Ongie, Planning Intern Date: April 17, 2008 Applicant: William and Mia Wang 829 Kirkwood Avenue Iowa City, IA 52240 Contact Person: Phone: Requested Action: Purpose: Location: Size: Surrounding Land Use and Zoning: File Date: BACKGROUND INFORMATION: Shelley McCafferty 228 S. Summit Street D-4 Iowa City, IA 52240 (319) 335-4771 Vacation of an alley right-of-way To allow for a contiguous lot and the construction of a garage at 829 Kirkwood Avenue East-west alley located between Lucas Addition Lots 4 and 5, and Lots 5 and 6. Approximately 3000 square feet of right-of-way North: Residential - RS-5 & RS-8 South: Residential - RS-5 East: Residential - RS-5 & OPD-5 West: Residential/Public - RS-5 & P-2 March 19, 2008 The applicants, William and Mia Wang, are requesting that 150-foot by 20-foot east-west alley right-of-way be vacated to created a single, contiguous lot to allow for construction of a garage to the south of the primary structure. The 829 Kirkwood property consists of Lucas Addition Lots 3 and 4 located north of the alley right-of-way, and the northern 18 feet of Lots 5 and 6 located south of the alley right-of-way. The alley was platted in the Lucas Addition, but was never built. ANALYSIS: Requests for vacation of a right-of-way are reviewed with regard to the following factors: 1) impact on pedestrian and vehicular access and circulation; 2) impact on emergency and utility vehicle access and circulation; 3) impact on access to adjacent private properties; 4) desirability of right-of-way for future access or circulation needs; 5) location of utilities and other easements or restrictions on the property; 6) potential use of the property for another public use; and 7) any 2 other relevant factors pertaining to the specific requested vacation. The vacation of this alley will have a no impact on pedestrian and vehicular access, as well as emergency and utility vehicle access and circulation because the alley was never built and the right-of-way is not used for traffic. There are good alternative routes for both vehicular and pedestrian access already in place throughout this neighborhood. Access to adjacent private properties will not be affected. A north-south alley provides access from Kirkwood Avenue and Florence Street to all adjacent properties. The alley is too small to be useable for a public purpose such as a park. There are no City utilities within the alley right-of-way. Private utilities have been contacted and asked to identify any utilities currently on-site. If the right-of-way is vacated, easements will need to be granted for any utilities that may exist, or alternatively, the utilities would need to be relocated. STAFF RECOMMENDATION: Staff recommends that VAC08-00001, a request to vacate a 150-foot east-west alley right-of-way located between Lucas Addition Lots 4 and 5, and Lots 5 and 6 be approved subject to the retention of any necessary utility easements. ATTACHMENTS: Location Map Approved by: '~~~~ ~v Robert Miklo, Senior Planner, Department of Planning and Community Development S:\PCD\Staff Reports\VACO8-0001 829 Kirkwood\VAC08-00001.doc M~~ ~ Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 ORDINANCE NO. 08-4305 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 Citys 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 Citys 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 Ciry 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. 08-4305 Page 2 3-4-4: WASTEWATER TREATMENT WORKS USER 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 Penalty 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 Gity 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 bined 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 City Water 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. 08-4305 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. Paced and approved this 13th day of May , 2008. ATTEST: V~IG~~f.t~~ 7l ~l~.I~LJ ~~ - CITY CLERK Ap roved by ~~~~- City Attorney's Office Date fi na dm\ord\seweri nc08. doc Ordinance No. 08-4305 Page ~_ It was moved by Wilburn and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS ABSENT: x -~- x ~- x x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright 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 5 / 21 / 2008 Moved by Wilburn, seconded by Wright, that the rule requiring ordinances to be considered a 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.