HomeMy WebLinkAbout1976-10-12 Ordinance1
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ORDINANCE NO.
L
AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGUI.ATIANS
OF CERTAIN PROPERTY FROM R3A to PC ZONE
\ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, dOWA;
ection 1. The property described below is hereby reclas fied from
its pry ent classification of R3A zone and the b undaries
Of PC zone as indicated upon the Z ing Map
of the C y of Iowa City, Iowa, shall be enlarged to incl de the follow-
ing propert to -wit:
From the Northwest corner ofNE
of S{V; Sec. 16 Tip. 79NTt61V, encs
312.89 feet to point of b ginning,
th ktypoint
E. 268.62 feet, the a S. 202
fethence If. 268,.62 fe t, thence
N. of beginning/.
(800 Bloc Nest Ben/Street)
as requested by Heritage Systems.
Section 2. The building inspector 's hereby authorized and directed
to change the Zoning Map of the'City of I a City, Iowa, to conform to
this amendment upon the final.passage, appr veil and publication of this
Ordinance as provided by law,
Section 3. The City Clerk is hereby authorized and directed to
certify a copy of this Ordinance to the Count}, R6 corder of Johnson
County, Iowa, upon final passage, approval and publication as provided
by law.
It was moved by _ and seconded by that
the Ordinance be adopted and upon roll call there were:
AYES: NAYS: ABSENT':
BAUER _x
X
X
proved this day of
1976.
ORDINANCE NO.
AN ORDINANCE AMEiNDING ORDINANCE NO. 2584, THE FORESTRY
ORDINAN'6� OF IOWA CITY, IOWA, BY REPEALING SECTIONS
3.38.8.A'Nnd 3.38.11.A(3) OF THE FORESTRY ORDINANCE
AND ESTABLY\SHING NEW SECTIONS IN LIEU THEREOF.
BE IT ENACTED\BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA.
SECTION I. PURPOSE. \�he purpose of this ordinance is to make consistent
the requirements for the plac�Tent of trees in the Forestry Ordinance (3.38)
and the Zoning Ordinance (8.10) \hY amending the Forestry Ordinance..
SECTION II. AMENDMENT.
A. (3.38.8.A)
TREES AND SHRUBS. Trees or shrubs on pu Ii
c or private property bordering,
on any street shall be trimmed to-----cie height to allow free passage
of pedestrian and vehicular travel and so tha they will not obstruct or
shade street lights, the vision of traffic signor the view at any street
intersection. The minimum clearance of any overhan ing portion of such
trees or shrubs shall be nine (9) feet over sidewalks nd thirteen (13)
feet over all streets except in the case of small or new planted trees
specifically designated by the City Forester. No trees, sh bs,, or hedges
more than two (2) feet above curb level or the pavement edge wh,err no curb
exists in a cross section to the right-of-way shall be located withi]`I!
triangle formed by a diagonal line and the street rights-of-way lines with
the diagonal line connecting two (2) points ten (10) meters (32..8 feet)
from the intersection of the street rights-of-way.
Ordinance No.
Page 2
B. (3.38.11.A.(3))
PLANTING. Trees may be planted in the public right-of-way provided the
following conditl ns are met: that the species to be planted is listed
in the Iowa Cit Tre Plantin Plan as a street tree; that the tree is
located a minimum of a (1) meter (3.28 feet) from the curb line of a
street or drive; that a tree within public rights-of-way is not located
within ten (10) meters (3 8 feet) of the intersection of the rights -of -.way
of public streets, or within ten (10) meters (32.8 feet) of the intersection
of the curb line of driveways f commercial, .industrial or institutional
properties with a public street; that trees to be: planted in the -rights-
of-way of streets are in conformit with the Iowa City Tree Planting Plan
and a tree planting permit has been eceived from the City; that trees
planted within the right-of-way are s ced so as to be no closer than
five (5) meters (16.4 feet) to another t ee within the right-of-way,
except along arterial and collector street where buffering from poise
is appropriate in which case trees may be loc ed so as to provide a
continuous buffer spaced so as to be no closer t an two (2) meters (6.56
feet) to another tree within the right-of-way; that no tree be planted in
so tcf sh.., &k. JQ
the area between the sidewalk and curb if it .is less an two (29'meters^ `z
(6-% feet) in width; and that trees are placed after de ermining location
of utilities so as to avoid interference with utilities.
SECTION III. REPEALER. All ordinances or parts of Ordi nces in
conflict with the provisions of this Ordinance, and specifically Section
10a and Section 13a.(3), Ordinance No. 2584, are repealed.
l�eio
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Ordinance No.
Page 3
0
SECTION IV. SAVINGS CLAUSE. If any section, provisions, or part of
this Ordinance hall be adjudged invalid or unconstitutional, such adjudi-
cation shall not affect the validity of the Ordinance as a whole or any
section, provision, or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall become effective after
its final passage, apptoval and publications as provided by law.
It was moved by
adopted, and upon roll call th re were:
AYES: NAYS: ABSENT:
Balmer',
— deProsse \,,
Foster
Neuhauser
Perret
Selzer
Vevera
Passed and approved this
ATTEST:
City Clerk
and seconded by
that the Ordinance as read be
ORDINANCE N0. 76-2812
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CIT'.i OF
IOWA CITY, IOWA, By PROHIBITING THE PARKING OF MOTOR VEHICLES,
UPON PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OR
LAWFUL POSSESSOR, ENACTING PROCEDURES EFFECTUATING SUCH
PROIIIBITION AND REPEALING SECTIONS 2 AND 3 OF ORDINANCE NO.
2642 (SECTIONS 7.06.6 AND 7.06.7 OF CHAPTER 7.06) OF THE
MUNICIPAL CODE OF THE CITY OF IOWA CITY, IU A.
SECTION I. PURPOSE. The purpose of this Ordinance is to provide for the
health, safety and general welfare of the citizens of the City of Iowa City, Iawa,
by prohibiting the parking of motor vehicles upon private property without the
consent of the owner, lawful possessor or the agents of either and to enact
procedures to effectuate such regulations.
SECTION II. ENACTMENT.
Chapter 7.06.6 shall now state as follows:
7.06.6. IMPEDIMENT OF PRIVATE ACCESS 'ro PUBLIC WAy.
A. It shall be unlawful and a nuisance to park a motor vehicle
upon property in such a manner so as to block or impede vehicular
access to or exit from a street, alley or other public way without
the consent of the owner, person in lawful possession of said
property, or the agents of either. Any vehicle found in violation
of this section may be ticketed and/or towed away and impounded on
order of the Police Department or any officer thereof.
B. Upon impoundment of said vehicle the city shall notify the
registered owner of said impoundment by certified mail. At the
time of impoundment, the city shall cause to file an Information
and Citation pursuant to State law upon the registered owner
or operator of said vehicle at the time of impoundment. The
registered owner or the operator may reclaim said vehicle by
accepting service of said Information and signing a promise, to
appear and payment of any charges incurred for towing and storage,
Ord. # 76-2812 -2- 1.
Chapter 7.06.7 shall now state as follows:
7.06.7. PARKING UPON PRIVATE PROPERTY.
It shall be a misdemeanor to park a motor vehicle upon
real property without the consent of the owner, person in
possession of said property, or the agents of either. Any motor
vehicle parked in violation of this section may be ticketed and/or
removed pursuant to the following procedure:
The Police Department is hereby authorized to act as an
agent of any owner or other lawful possessor of .real property
to remove or cause to be removed pursuant to State law any
motor vehicle that has been parked or placed upon real property
without the consent of the owner, person in lawful possession of
said property, or the agents of either. However, prior to the
removal of any motor vehicle, the owner, lawful possessor or the
agents of either shall, in writing, authorize the police to act
as their agent and shall release, defend, indemnify and hold
harmless the City of Iowa City, Iowa, its officers, employees
and agents from any damages, claim of damages, or liability
resulting from said removal. The owner of such motor vehicle
may reclaim said vehicle pursuant to State law.
SECTION III. REPEALER. Sections 2 and 3 of. Ordinance No. 2642 (Sections
7.06.6 and 7.06.7 of the Municipal Code of the City of Iowa City, Iowa, and all
other ordinances or parts of ordinances in conflict of the provisions 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
;i
not affect the validity of the Ordinance as a whole or any section, provision or
part thereof not adjudged invalid of unconstitutional.
Ord. #76-2812 0
-3- •
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its
final passage, approval and publication as required by law.
It was moved by Foster and seconded by Perret
that the Ordinance be finally adopted, and upon roll, call there were:
AYES: NAYS: ABSENT:
x
_
Ba]mes
x
_
deProsse
x
Foster
x
Neuhauser
x
Perret
x
Selzer
x
Vevera
Z d ` vblF kCQF'► t_doj
L j:�.L1 mayor
ATTEST: L(.E' .
City Cleuk
It was :roved by Foster and seconded by Vevera that the rulq;.
First Consideration requiring the Ordinance to be considered and voted on for
Vote for passage: passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspendi:d, the:first
Second Consideration and second consideration and vote be waived.and. f pat
Vote for passage: the Ordinance be voted upon for final passage at this time.
Roll call: Vevera, Bahner, dePmsse, Foster, Neuhauser,
Date of Publication Perret, Selzer: Aye. Nays: none. Motion adopted, 7/0.
Passed and approved this 12th day of October
— _ 1976.
s
■
AUTHORIZATION AND
INDEMNIFICATION
CERTIFICATE
I, , do hereby state that
I am the of the
owner, lawful possessor, or the agent of either (please speci
following real property:
and that the following motor vehicle: R
description
license plate no. , is parked or placed upon the above
described property without the consent of the owner, person in lawful possession;,
or the agents of either.
I request that the Iowa City Police be made agents on my behalf to cause the
removal of the above described motor vehicle pursuant to Chapter 556$, Code of
Iowa, 1975.
Further, I hereby release and save harmless the City of Iowa City, icwa, its
agents, officers and employees against any and all damages or claims of damages
to property or injuries to or death of any person or persons, including property
and employees, officers or agents of the City of Iowa City, Iona, and shall defend,
indemnify and hold harmless the City of Iowa City, Iowa, its agents, officers and
employees from any and all claims, demands, suits, actions or proceedings of any
kind or nature, of or by anyone whomsoever, in any way resulting from or arising
out of the removal of the above described motor vehicle from the aforementioned
property.
Name
Witness Address
Date
ORDINANCE NO. 76— 813 •
i
AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY I;HANGING THE USE: REGULATIONS
OF CERTAIN PROPERTY FROM RIA Zone to R2, g3, and R1B Zones
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IO}iA CITY, IOWA
Section 1. The property described below is hereby reclasaafied frog
itspresent classification of R1A Zone and the boundaries
of R2, R3, and R113 Zones as indicated upon the,Zonin' Map
of the City of Iowa City, Iowa, shall be enlarged to include ttie f4llo:w-
ing property, to -wit:
i
,
Parcel #2 R1A to R2 Zone described as follows: I,
Commencing at -the southwest corner of Section 16, T79N2 R6W, Jolg son II
County, Iowa; thence N 470 10' 21" E, 155.0 feet to a point on the east.; 11
line of Sunset Street extended and the point of beginning; thence
N4T 101 21" E, 137.37 feet; thence northwesterly 180 feet more or, less
-to a point on -the south line of Ashley Drive, said point being 3$ feet
southwesterly from -the northwest corner of Lot 89, Part 2, Bryn Mhwr
Heights Addition to Iowa City, Iowa; thence southwesterly along -the
south line of Ashley Drive extended, 190 feet more or less to a point
on the east line of Sunset Street extended; thence southeasterly.along
the east line of Sunset Street,, 175 feet more for less to the point of
beginning; said tract containing 0.67 acres more or less.-
i'
Parcel #2 R1A to R3Zone described as follows;
Commencing at southwest corner of Section 16,,T 7999 R61T Johnson*i
County, Iowa; -thence N 470 10' 21" E, 85.0 feet more or les
o a poiriipl.
on the west line of Sunset Street extended and.the point of,beginni ng; it
-thence northwesterly along the west line of Sunset Street extended 335 •'11 '
feet more or less to the point of intersection with the south, line ogap=,z)MOSerl
collector street; thence westerly along the south line of.said,.col— �
lector street 1172 feet more or less to a point on the west, line :of �
Part 8, Bryn Mawr Heights Addition extended; thence S 20 164 34" til alongilI
said west line extended, 265 feet more or less to a point 35 feet; north :il '
of the south line of Section 17, T79N, R61,7; thence easterly, along; a line
33 feet north of and parallel with the south Eine of said section 17,
1362.48 feet; thence N 47° 10' 21" E, 38.90 feet more or less to, the
point of beginning; said -tract containing 7.89 acres more or less:
I
l
i
Ord.
No.
76-281
•
Page
2
Parcel 03 RIA to R2 Zone described as folloigs:
I: II ± '
Commencing at the southwest corner of Section 16, T7gN, R61f, Tolinson II
CounUy, Iowa; thence N 47° 10'' 21" E, 85.0 feet more or less to;,a poin'�t�,�f
on the west line of Sunset Street extended; thence northwesterly alongil
the Crest line of 'Sunset Street extended, 405 feet more or ,less to: the 11
north line of a proposed collector street and the point oX begirjriin— II
thence westerly along the north Eine of said collector street 1155 feefif
more or less to a point on the west line of Part 8, Bryn N,fatrr .lights
Addition extended; -thence N 20 1G' 34" E, 120.0 feet; 4therce easterly ,JI,
along a line 120 feet north of and parallel with the north; 1Ine:of saijj(
collector street 1165 feet more or less to a point on the west line. of i'
Sunset Street extended; thence southwesterly along the west line; of it
Sunset Street extended 105 feet more or less to the point of bef;ii-ming-j
Said tract containing 3.12 acres more or less.
Parcel #4 R1A to R2 Zone described as follows;
Commencing at the southwest corner of Section 16 T I
County, Iowa; -thence N 4.70 10'° 55
21 E 1 ' 7 a R6@n, "�O�?Te .0 feet to a point, on the east''
line of Sunset Street extended; thence northwesterly along 'the east I
line of Sunset Street extended, 225 feet more or less to appoint; on the f
north line of Ashley Drive extended and the point of beginning; thence
northwesterly and northerly along the east line of Sunset Street. ex-
tended 260 feet more or less; thence easterly 105 feet more; or, less to
a point 80 feet from and perpendicular to the west line of :Lot gp,
Part 2, Bryn MaN.rr Heights Addition; thence S 16° 40' 19" E, 158 #eet .
more or less to a point on the north line of Ashley Drive ,158 feet
thence southwesterly along the north line of Ashley Drive extended, 165r
feet more or less to the point of beginning. Said tract conttaini�ig 0,69;
acres more or less.
' I
i... -
Ord.
No.
76-2810
x
Page
3
Neuhauser
x
Parcel #5 RlA to R1B Zone described as follows:
it
Commencing at the southwest corner of Section 16, T79N2 R61t, Johhso
County, Iowa; thence N 470 10' 21" E, 292.37 feet to the southwest
corner of Lot 89, Part 2, Bryn, P4awr Heights Addition and tkie ,point of
beginning; thence N 160 40' 19"'W 368.44 feel; along the wE'�st lirie of ,.
said Bryn 14awr Heights Addition Part 2-; thence N 60 13' 001! W, 1].0.00
feet; thence N 150 46' 10a E, 340.29 feet; thence N 740 13u 50"
292.03 feet; thence N 870 54' 40" SST, 1195.99 feet; thence-$ 20 i ' 34" 't�I
640.00 feet; thence S 870 54' 40" E, 1165 feet more or les: to a; ,p.oi-lt .li?
on the west line of Sunset Street extended; thence easterly 80 feet mord
or less to a point on the east line of Sunset Street extended; thence
easterly 105 feet more or less to a point 80 feet froi¢ and,perpertdiculan
to the west line of Lot 90, Part 2 Bryn Mawr Heights Additions thence
S 160 40' 19" E, 158 feet more or less to a point on the north ]:ane of
Ashley Drive extended; thence southeasterly 55 feet more or, less,, to a
point on the south line of Ashley Drive extended and 35 feet from the
northwest corner of Lot 89, Part 2, Bryn I4awr Heights Addition; 'thence
southeasterly, 180 feet more or less to the southwest corner of Tot 89,,,i
Part 2, Bryn Mawr Heights Addition and the point of beginning, Said '
tract containing 19.07 acres more or less.. j
as requested by Bryn Mawr Heights and Company.
Section 2. The building inspector is hereby authorized and directed
to change the Zoning Map of the City of Iowa City, Iowa, to conform to
this amendment upon the final passage, approval and publication of this
Ordinance as provided by law.
Section 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, approval and publication as provided'
by law.
It was moved by Selzer and seconded by Balmer that
the Ordinance be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
1 x
Ba mer
; i
deProsse
x
Foster
x
Neuhauser
x
Perret
x
Selzer
x
Vevera
x
Passed and approved this 12th dal' of October _, 1'
Ordinance No, 72813
Page 4
ATTEST: CITY CLERK
M
11kax L4
Mayor
First Consideration 8/28/76
Vote for passage:
Ayes: Perret, Selzer, Vevera, Balmer, Foster,
Neuhauser
Nays: deProsse
Second Consideration 10/5/76
Vote for passage:
Ayes: Vevera, Balmer, Foster, Neuhauser, Perret, Selzer
Nays: deProsse
Date of Publication