HomeMy WebLinkAbout2003-01-21 Ordinance Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (VAC02-00008)
ORDINANCE NO.
AN ORDINANCE VACATING PORTIONS OF MADISON STREET, DAVENPORT STREET, AND
BLOOMINGTON STREET RIGHTS~OF-WAY.
WHEREAS, the City of iowa City has reached an agreement with the University of Iowa to convey the
old Iowa City Water Plant to the University of Iowa, including adjacent rights-of-way; and
WHEREAS, portions of Madison Street, Davenport Street, and Bloomington Street rights-of-way,
encompassing approximately 3.62 acres, will no longer be required for City access once the old Iowa City
Water Plant is closed; and
WHEREAS, all other property abutting these rights-of-way is University of Iowa property, and the rights-
of-way do not provide access to any private property; and
WHEREAS, necessary utility easements, well sites, a water storage facility and easements for
emergency vehicle access will be created; and
WHEREAS, there is no City interest in continuing to incur maintenance costs and liability for these
rights-of-way with a closure of the old Iowa City Water Plant.
NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. VACATION. The City of Iowa City hereby vacates the rights-of-way legally described as
follows:
Commencing at the southeast corner of Outlot 35 in Iowa City, iowa, according to the plat of the sub-
division of the Lumber Yard and Promenade recorded in Book 1, Page 479, deed records of Johnson County,
Iowa; thence N 00°45'24" W (assumed bearing) along the east line of said Outlot 35 a distance of 530.00 feet
to the point of beginning; thence S 89°17'37'' W 118.88 feet to a point on the easterly line of the Iowa River
(mean high-water line); thence N 09°28'52" E along said easterly line 15.12 feet; thence N 31°42'01" E along
said easterly line 40.53 feet; thence N 23001'02'' E along said easterly line 55.98 feet; thence N 18°57'27" E
along said easterly line 21.00 feet; thence N 31°05'20" E along said easterly line 35.86 feet; thence N
25°25'20" E along said easterly line 103.97 feet to a point on said east line of Outlot 35; thence S 00°45'24" E
along said east line 243.94 feet to the point of beginning, containing 14,793 square feet; and
Lots 5, 6, 7, 8 and the included alley in Block 100, in Iowa City, Iowa, according to the plat of the sub-
division of the Lumber Yard and Promenade recorded in Book 1, Page 479, deed records of Johnson County,
Iowa, and that part of vacated Madison Street described as: Commencing at the southwest corner of Lot 8 in
Block 100, Iowa City, Iowa, according to the plat of the sub-division of the Lumber Yard and Promenade,
recorded in Book 1, at page 479, Deed records of Johnson County, Iowa, thence West 19.38 feet, thence
North 115 feet, thence East 19.38 feet to the west line of said Lot 8, thence South along the west line of said
Lot 8, 115 feet to the point of beginning; and
Beginning at the northwest comer of Lot 8 in Block 100, according to the plat of the sub-division of the
Lumber Yard and Promenade recorded in Book 1, Page 479, deed records of Johnson County, Iowa; thence
N 00°45'24'' W along the west line of said Lot 8 extended, 80.00 feet to a point on the south line of Outlot 30,
Original Town of Iowa City, Iowa; thence N 89°17'59'' E along said south line 160.00 feet; thence S 00°45'24"
E 80.00 feet to a point on the north line of Lot 7 of said Block 100; thence S 89°17'59" W along the north line
of said Lot 7 and said Lot 8 a distance of 160.00 feet to the point of beginning, containing 12,800 square feet;
and
Beginning at the southwest corner of Block 89, Original Town of Iowa City, Iowa; thence S 89°17'37" W
along the south line of said Block 89 extended, 76.00 feet to the southeast comer of a 24.00 foot by 405.00
foot strip of Madison Street previously vacated; thence N 00°45'24'' W along the east line of said vacated
street strip 405.02 feet (405.00 feet record) to a point on the south line of a 35 foot by 126 foot strip of
Madison Street previously vacated; thence N 89°14'36'' E along said south line 11.00 feet to the southeast
corner of said vacated street strip; thence N 00°45'24'' W along the east line of said vacated street strip126.00
feet; thence S 89°14'36" W along the north line of said vacated street strip 35.00 feet to a point on the west
line of Madison Street; thence N 00°45'24" W along said west line 242.94 feet to a point on the easterly line of
the Iowa River (mean high-water line); thence N 33°29'07" E along said easterly line 34.44 feet to a point on
the south line of Outlot 30, Original Town of Iowa City, Iowa; thence N 89°17'59" E along said south line
80.62 feet; thence S 00°45'24" E along the east line of Madison Street and Madison Street extended, 115.56
feet to the northeast corner of a 19.38 foot by 115 foot strip of Madison Street previously vacated; thence S
Ordinance No.
Page 2
89014"36'' W along the north line of said vacated street strip 19.38 feet; thence S 00°25'24: E along the west
line of said vacated street strip 115.00 feet; thence N 89°14'36'' E along the south line of said vacated street
strip 19.38 feet to a point on the east line of Madison Street; thence S 00°45'24" E along said east line and
east line extended, 571.87 feet to the point of beginning, containing 63,608 square feet; and
Beginning at the northwest corner of Block 89, Original Town of Iowa City, Iowa; thence N 00°45'24'' W
along the west line of said Block 89 extended, 80.00 feet to the southwest comer of Lot 5, Block 100,
according to the plat of the sub-division of the Lumber Yard and Promenade recorded in Book 1, Page 479,
deed records of Johnson County, Iowa; thence N 89017'50'' E along the south line of said Lot 5 and Lot 6,
Block 100, a distance of 160.33 feet (160 feet--record) to the southwest corner of Lot 3, Block 100, Original
Town of Iowa City, Iowa; thence S 00°45'22'' E along the west line of said Lot 3 extended, 80.00 feet to the
north line of said Block 89; thence S 89°17'50'' W along said north line 160.33 feet (160 feet--record) to the
point of beginning, containing 12,826 square feet.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION Ill. 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
ppdadm/ord/oldwaterplant-row.doc
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:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 1/21/03
Voteforpassage: AYES: Kannet-, Lehman, 0~Donnel'l, Pfab, Vanderhoef, W~lburn,
Champion. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ02-00019)
AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM LOW DENSITY SINGLE FAMILY
RESIDENTIAL, RS-5, TO SENSITVE AREAS OVERLAY, RS-51OSA FOR HEARTHSIDE REFUGE, A 4-LOT,
5.6-ACRE SUBDIVISION LOCATED AT '1520 N. DUBUQUE ROAD.
WHEREAS, the owner of said property has requested that the property be rezoned from Low Density Single
Family Residential, RS-5, to Sensitive Areas Overlay, RS-5/OSA; and
WHEREAS, said property contains steep, critical and protected slopes and woodlands, and is subject to the
Sensitive Areas Ordinance; and
WHEREAS, the Sensitive Areas Ordinance requires a Sensitive Areas Overlay zone and Sensitive Areas
Development Plan to be approved prior to development activity occurring on properties with critical and protected
slopes, and woodlands; and
WHEREAS, development activity will not occur within the critical and protected slopes, and woodlands, or
within 50-feet of the critical and protected slopes, and woodlands; and
WHEREAS, the Sensitive Areas Development Plan is in technical compliance with the Sensitive Areas
Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL. The property described be[ow is hereby reclassified from Low Density Single
Family Residential, RS-5 to Sensitive Areas Overlay, RS-5/OSA and the associated Sensitive Areas Development
plan is hereby approved.
Commencing at the southeast corner of Lot 11, Surrey Hills Addition, to Iowa City, Iowa in accordance
with the plat recorded in Book 7, Page 67 of the records of the Johnson County Recorder's Office;
Thence N01 °22'00"W, along west line of said Lot 11, a distance of 39.31 feet; thence S89 °55'00"W,
290.49 feet; thence N09 °00'00"W, 101.96 feet; thence 84 °58'00"W,212.61 feet, to a point on the easterly
right-of-way line foe Dubuque Road; thence N16 °44'00"E, along said easterly right-of-way line, 506.80
feet; thence S73 °16'00"E, 130.00 feet; thence N16 °44;00"E, 141.00 feet; thence S73 °16'00"E, 49.60
feet; thence N89 °29'00"E, 111.40 feet, to a point on the west line of said Surrey Hills Addition; thence
S01 °22'00"E, along said west line 688.80 feet, to the point of beginning. Said tract of land contains
acres, and is subject to easements and restrictions of record.
SECTION I1. 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 as provided 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 the Sensitive Areas Development
plan for this property and to record the same at the office of the County Recorder of Johnson County, iowa, 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.
Passed and approved this__ day of ,2001.
MAYOR
ATTEST:
CITY CLERK
Approved by
'C~y ~to~ey's ~3ffice
address
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:
Champion
. Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration
Voteforpassage:AYES: O'Donnel3, Pfab, Vanderhoef, Wi3burn, Champion, Kanner,
Lehman. NAYS: None. ABSENT: None.
Second Consideration 1/21/03
Voteforpassage: AYES: Lehman,O'Donnell, Pfab, Vanderhoef, Wilburn, Champion,
Kanner. NAYS: None. ABSENT: None.
Date published
Prepared by: John Yapp, PCD, 410 E. Washington Street, iowa City, IA 52240; 319-356-5247 (VAC02-00006)
ORDINANCE NO.
AN ORDINANCE VACATING LAFAYETTE STREET LOCATED WEST OF CAPITOL STREET.
WHEREAS, Eagle View Properties has applied for the vacation of approximately 5,900 square feet of
Lafayette Street right-of-way, located west of Capitol Street; and
WHEREAS, Lafayette Street right-of-way west of Capitol Street is unimproved, and is not used for
vehicular or pedes.trian circulation, nor is it used for emergency vehicle or utility vehicle access; and
WHEREAS, the City of Iowa City has no plans to improve the Lafayette Street right-of-way for vehicular
or pedestrian access or circulation; and
WHEREAS, as a condition of the conveyance of the Lafayette Street right-of-way west of Capitol Street,
Eagle View Properties has agreed to incorporate their properties to the north and to the west of Lafayette
Street right-of-way into one Jot, to avoid the creation of a land-locked parcel as a consequence of this
vacation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
iOWA:
SECTION I. VACATION. The City of Iowa City hereby vacates the right-of-way legally described as
follows:
Commencing at the Southeast Corner of Lot 5, Block 15, County Seat Addition to Johnson
County, Iowa; thence S0°16'20"West 34.68 feet to the northerly right-of-way line of the
Cedar Rapids and Iowa City Railway; thence southeasterly along said right-of-way line to
a point of intersection with the westerly right of-way line of Capitol Street; thence northerly
along the westerly right of-way line of Capitol Street to the Southeast Corner of Lot 4,
Block 15, County Seat Addition to Johnson County, Iowa; thence westerly along the
southerly line of said Lot 4 to the Southwest Corner of said Lot 4; thence continuing
westerly 20.00 feet more or less to the point of beginning.
SECTION I1. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION II1. SEVERABILITY. If any section, provision or pad 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
App~
City',~o'~~
ppdadm/ord/lafayette.do~
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:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 3./7/03
Voteforpassage:AYES: Pfab, Vanderhoef, Wilburn, Champ'ion, Kanner, Lehman,
O'Donne]]. NAYS: None. ABSENT: None.
Second Consideration 1/21/03
Vote for passage: AYES: O'Donne]'l, Pfab, Vanderhoef, ~l'i]but-n, Champion, Kanner,
Lehman. NAYS: None. ABSENT: None.
Date published
Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (VAC02-0007)
ORDINANCE NO.
AN ORDINANCE TO VACATE THE EAST TO WEST ALLEY IN BLOCK 27 OF THE ORIGINAL TOWN
PLAT, LOCATED BE'r'WEEN MARKET AND BLOOMINGTON STREET WEST OF DODGE STREET.
WHEREAS, the applicant, Mercy Hospital, has requested the vacation of the alley on Block 27 of the Original
Town; and
WHEREAS, this alley is not needed for public purposes; and
WHEREAS, the Planning and Zoning Commission has reviewed and recommended approval of this requested
right-of-way vacation, subject to 1) no direct vehicular access to Market Street, 2) the current alley intersection with
Dodge Street will be closed and there will be no additional direct vehicular access from Olock 27 onto Dodge Street;
the exit-only from the existing parking facility onto Dodge Street will be allowed to remain, 3) any overhead utilities
relocated from the alley will be located at least 100 feet from Bloomington and Market Streets or placed underground.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
~. The City of Iowa City hereby vacates the right-of-way tegally described as follows:
Beginning at the SE corner of Lot 1 of said Block 27; thence S00°03'12"E, 20.00 feet to the NE corner of Lot
8, said Block 27; thence N89°57'18"W, 319.82 feet (recorded 320 feet) to the NW corner of Lot 5, said Block 27;
thence N00°06'52"W, 20.00 feet to the SW comer of Lot 4, said Block 27; thence S89°57'18"E, 319.84 feet (recorded
320 feet) to the Point of Beginning. Said alley vacation contains 6,397 sq. ft. or 0.15 acres.
~. All ordinances and pads of ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
SECTION IIII. 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.
.'-~ECTION 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
city ,Att'o ~r~:~"O~ cb~
Ordinance No.
Page.
It was moved by and seconded by that the Ordinance
as road be adopted, and upon roll call thero were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 1/7 / 0 3
Voteforpassage: AYES: Vanderhoef, W.i]burn, Champ'ion, Lehman, 0'Ponne]], Pfab.
NAYS: Kanner. ABSENT: None.
Second Consideration 1/21/03
Voteforpassage: AYES: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell.
NAYS: Pfab, Kanner. ABSENT: None.
Date published
Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO. 03-4057
AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ARTICLE K, THE SENSITIVE AREAS
ORDINANCE, REGARDING REQUIREMENTS FOR SENSITIVE AREAS OVERLAY
REZONINGS AND SENSITIVE AREAS SITE PLANS
WHEREAS, the Sensitive Areas Ordinance provides for the regulation of wetlands, critical slopes,
protected slopes, and woodlands (when a properly also contains a stream corridor); and
WHEREAS, the Sensitive Areas Ordinance requires a Sensitive Areas Overlay Rezoning whenever
a property containing one of these elements is proposed for development; and
WHEREAS, in some cimumstances it is possible to protect these sensitive areas without requiring a
rezoning process; and
WHEREAS, the Planning and Zoning Commission has considered amendments to the Sensitive
Areas Ordinance to allow for administrative staff approval of sensitive areas site plans in lieu of sensitive
areas rezoning development plans under certain circumstances; and
WHEREAS, the Planning and Zoning Commission has recommended approval of these
amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. 14-6K-1 Sensitive Areas Ordinance is hereby amended as follows.
Repeal Section 14-6K-1C, and replace with the following:
t. Sensitive Features
a. Sensitive features governed by the Sensitive Areas Ordinance include:
1) Jurisdictional wetlands as regulated by the U.S. Army Corps of Engineers.
2) Floodways designated on either the current Federal Emergency Management
Agency flood boundary and floodway maps for Iowa City and Johnson County or the
iowa City ('1 inch = 100 foot scale) flood boundary and floodway maps.
3) Drainageways shown in blue on the current U.S. Geological Survey Quadrangle
Maps.
4) Slopes 18 percent or greater.
5) Woodland areas two acres in size or greater,
6) Fully hydric soils as designated in the USDA Soil Conservation Service Soil Survey
of Johnson County~ Iowa.
7) Prairie remnants as shown on the Iowa City Sensitive Areas Inventory Map - Phase I,
as amended.
8) Archaeological sites as determined by the State Historic Preservation Officer or the
State Archeologist.
b. Prior to woodland clearing, grading or development activity on tracts of land or
portions of tracts of land where sensitive features specified above exist, either a
Sensitive Areas Site Plan or a Sensitive Areas Overlay rezoning application, whichever
is appropriate, shall first be submitted to and approved by the City. This application
process may occur as part of site plan review, planned development overlay zoning
and/or subdivision review. If the property is exempt, the applicant shall first apply for
and obtain approval of the exemption from the City before development activity
occurs.
2. Sensitive Areas Site Plan
a. A property containing one or more of the following sensitive features but which does not
require a Sensitive Areas Development Plan, shall require a Sensitive Areas Site Plan
prior to development activity:
1) Wetlands
2) Fully hydric soils
3) Prairie remnants one acre in area or larger
4) Stream corridors
Ordinance No. 03-4057
Page 2
5) Archaeological sites
6) Steep slopes (18-24%)
7) Critical Slopes (25-39%)
8) Protected Slopes (40%+)
9) Woodlands two (2) acres in size or greater.
b. Recording requirement. An approved Sensitive Areas Site Plan that contains a
protected sensitive area and/or buffer, or has a designated conservation ease-
ment, shall be recorded in the Johnson County Recorder's Office prior to issu-
ance of any certificate of occupancy for the property. The recording is intended
to provide notice to subsequent property owners that environmental limitations
apply to the subject property.
c. The procedures for review and approval of a Sensitive Areas Site Plan shall be
in accordance with the Site Plan Review regulations, as specified in Sections 14-
5H-3, and 14-5H-6 through 14-5H-8 of Chapter 5, "Building and Housing".
3. Sensitive Areas Overlay (OSA) Zone
a. A Sensitive Areas Overlay (OSA) rezoning is required prior to development activity
which includes any of the following:
1) The disturbance of a wetlands or an associated buffer,
2) The removal of portions of a woodland in excess of the woodland retention
requirements contained in Section 14-6K-I-J-3.
3) The disturbance of more then 35% of Critical slopes (25-39%) contained on a
property, or
4) Disturbance of a protected slope (40%+) buffer as defined in the Definitions
Section herein and as delineated on the maps referenced in subsection 14-6K-C3
of this ordinance and/or verified as existing on the site.
b. A Sensitive Areas Overlay rezoning requires a Sensitive Areas Development Plan that
delineates protected sensitive areas and associated buffers in the manner of a planned
development, which Plan shall be submitted and approved as part of the rezoning.
c. Review and approval of a Sensitive Areas Planned Development shall be by ordinance in
accordance with the Planned Development Housing Overlay Zone (OPDH) procedures,
as specified in subsection 14-6J-2D of this Chapter.
Repeal 14-6K-1 E, Subsection 3 and replace with the following:
3. Essential public utilities such as storm and sanitary sewers, water mains, gas, telephone
and power lines, and storm water detention facilities are permitted if they are designed and
constructed to minimize their impact upon the protected sensitive areas and associated
buffers. A maximum of 10% of a wetland or a protected slope and associated buffers may
be disturbed to allow the installation of essential utilities if approved as part of a Sensitive
Areas Site Plan. The disturbance of more than 10% of a wetland or a protected slope and
associated buffers shall require the approval of a Sensitive Areas Overlay Rezoning by the
City Council. The design and construction of utilities should also include measures to
protect against erosion, pollution and habitat disturbance, and result in minimal amounts of
excavation and filling. Upon completion of the installation of the public facility or line, the
sensitive protected areas and associated buffers shall be restored by those persons
responsible for the disturbance.
Repeal 14-6K-1 F, Subsection 1 and replace with the following:
1. Sensitive Areas Site Plan: Submittal information for a Sensitive Areas Site Plan shall
include:
a. Submittal information required for a site plan review as specified in subsections 14-SH-
4A and 14-5H-4B, the submittal requirements listed for Article 14-5H, entitled "Site Plan
Review."
b. Delineation of sensitive areas located on the property, including: 1) Wetlands
2) Fully hydric soils
3) Prairie remnants one acre in area or larger
4) Stream corridors
5) Archaeological sites
9) Steep slopes (18-24%)
10) Critical Slopes (25-39%)
Ordinance No. 03-4057
Page 3
11) Protected Slopes (40%+)
12) Woodlands
c. Delineation of buffer areas and/or sensitive area conservation easements.
d. Note in an accompanying letter whether archaeological site(s) exist on the property, but
do not designate the exact location on the plan.
e. Other data and information as may reasonably be required by the City, including
requiring the delineation of a construction area on the plan as well as the location of
fencing to protect sensitive features during construction.
Repeal 14~6K-G, Subsection 3, Subsection a. and b., and replace with the following:
3. Wetland Regulations:
a. Wetland Delineation:
1) Prior to any development activity occurring on a site containing a potential wetland
as defined above or as shown on the Sensitive Areas Inventory Map - Phase I, the
property owner shall provide a delineation of the wetland area(s) accepted by the
U.S. Army Corps of Engineers prior to the submittal to the City of a Sensitive Areas
Overlay rezoning application and a Sensitive Areas Development Plan, or a Sensitive
Areas Site Plan, for City review.
2) If the property owner certifies that no development activity will occur within one
hundred fifty feet (150') of the apparent edge of a suspected or potential wetland
area(s) on the site, the requirement for delineation by a wetland specialist or the
Corps may be waived by the City. In the case of a waiver, the property owner shall
grant an easement running in favor of the City, an approved conservation group or
other organization for the purpose of retaining the wetland and the surrounding one
hundred fifty foot (150') protection area as undeveloped natural open space.
b. Wetland Buffer Requirements: A one hundred foot (100'), undisturbed, natural buffer
shall be maintained between any development activity and a "wetland(s)" as defined in
the Sensitive Areas Ordinance, unless said development activity is exempted under
subsection 14-6K-ID, entitled "Exemptions." The required yards established for the
base zoning district shall be measured from the buffer edge, and shall be in addition to
the required yard/setback and shall apply to parking lots as well. [For example, the RS-5
zone requires a 20-foot rear yard setback, which would be measured from the outside
edge of the required 100 foot buffer. As a result, no building or parking lot could be
located within t20 feet of the wetland.] The City may reduce the required natural buffer
based on the following criteria provided that a Sensitive Areas Overlay Rezoning is
approved by the City Council:
Repeal 14~6K-1 I, Subsections 2 and 3, and replace with the following:
2. Regulations:
a. Steep Slopes - Any property containing steep slopes (18-24%) shall be required to
submit a Sensitive Areas Site Plan, unless said property qualifies for an exemption
under subsection 14-6K-ID, entitled "Exemptions." The Sensitive Areas Site Plan must
conform with the design standards for regulated slopes specified in subsection 14-6K-
114.
b. Critical Slopes - Any property containing critical slopes (25-39%) shall be required to
submit a Sensitive Areas Site Plan and a Grading Plan, unless said property qualifies for
an exemption under subsection 14-6K-ID, entitled "Exemptions." The Sensitive Areas
Site Plan must conform with the design standards for regulated slopes specified in
subsection 14-6K-114, and the Grading Plan must conform with the requirements of the
Grading OrdinanCe. If the Sensitive Areas Site Plan indicates that more than 35% of the
critical slopes on a property are to be disturbed a Sensitive Areas Overlay Rezoning
application will be required,
c, Protected Slopes - Any area designated as a natural protected slope (40%+) shall not be
graded and must remain in its existing state, except that natural vegetation may be
supplemented by other plant material. Any such property shall be required to submit a
Sensitive Areas Site Plan and a Grading Plan, unless said property qualifies for an
exemption under subsection 14-6K-ID, entitled "Exemptions." Development activities
may be allowed within areas containing altered protected slopes provided that a
Sensitive Areas Overlay Rezoning is approved by the City Council and if a geologist or
professional engineer can demonstrate to the satisfaction of the City that a development
Ordinance No. 03-4057
Page 4
activity will not undermine the stability of the slope and the City determines that the
development activities are consistent with the intent of the Sensitive Areas Ordinance.
3. Buffer requirements: A buffer will be required around all protected slopes. Two feet of buffer
will be provided for each foot of vertical rise of the protected slope, up to a maximum buffer of
50 feet. The buffer area is to be measured from the top, toe and sides of the protected slope. No
development activity, including removal of trees and other vegetation, shall be allowed within
the buffer. If a geologist or professional engineer can demonstrate to the satisfaction of the City
that a development activity can be designed to eliminate hazards, the buffer requirements may
be reduced provided that a Sensitive Areas Overlay Rezoning is approved by the City Council.
Repeal 14-6K-1J, Subsections 2 and 3 and replace with the following:
2. Woodland/Grove Regulations:
a. Any property containing a woodland, but not otherwise required to have a Sensitive Areas
Overlay rezoning/Sensitive Areas Development Plan, will be required to submit a Sensitive
Areas Site Plan prior to woodland clearing or commencing any development activity, unless
said property qualifies for an exemption under subsection 14-6K-1 D, entitled "Exemptions."
b. Site plans, grading plans and subdivision plats for any property containing a grove of trees
shall illustrate the grove on the plan or plat prior to commencement of any development
activity, and will take measures to protect and retain as much of the grove as practicable,
unless said property qualifies for an exemption under subsection 14-6K-ID, entitled
"Exemptions."
c. If due to site constraints or infrastructure requirements a Sensitive Areas Site Plan for a
property cannot adhere to the minimum woodland retention requirements contained in
section 14-6K-I-J-3. The City may approve the planting of replacement trees subject to the
requirements of section 14-6K-I-J-3 provided that a Sensitive Areas Overlay Rezoning is
approved by the City Council
3. Woodland Retention and Replacement Requirements
a. Sensitive Areas Development Plans and Sensitive Areas Site Plans required to be
submitted under this Section shall delineate all existing woodlands and shall designate all
woodlands that are to be protected. The plans shall substantiate that woodlands are being
retained as follows unless a Sensitive Areas Overlay Rezoning allowing planting of
replacement trees is approved by the City Council:
Zone Retention Requirement
ID, RR-1 70%
RS-5, RS-8, RS-12, 50%
RM-12, RM-20, RM-44, RNC-12, RNC-20 20%
RDP, ORP 2O%
C and I t0%
b. The required woodland area to be retained shall be delineated to include a buffer area by
measuring fifty (50) feet outward from the trunks of trees intended to be preserved.
c. If the City determines that the required woodland area cannot be retained due to site
constraints or infrastructure requirements, replacement trees will be planted. One tree shall
be planted for every 200 square feet of woodland removed from the otherwise required
retention area.
d. Where it is not feasible to replace trees on-site, replacement trees may be planted to
supplement reforestation of an off-site woodland approved by the City. An off-site woodland
shall be either publicly owned property or property subject to a conservation easement.
e. Replacement trees must be approved by the City, and to the extent possible, should be of
the same or equivalent species as the trees being removed.
f. Replacement trees shall meet the specifications set forth in Section 14-6R-5, entitled
"General Tree Planting Requirements," and shall be secured by a performance guarantee for
a period of 12 months.
g. Woodland and tree protection methods for proposed development activity shall be shown
on any plan or plat required to be submitted prior to commencement of development
activity. Protection methods should comply with generally accepted tree protection
guidelines and be approved by the City.
h. When other environmentally sensitive features regulated by the Sensitive Areas Ordinance
are present in combination with a woodland, the regulations related to all the sensitive areas
contained on the property will be considered, with the most stringent regulations applying.
Ordinance No. 03-4057
Page 5
SECTION II. REPEALER. All ordinances and pads 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 pad 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.
Pas,~¢ and approved this 2lsat day of Janaury ,20 03
CITY C'LE~K
Approved by
Ordinance No. 03-4057
Page 6
It was moved by 0' Donne11 and seconded by Champ'ion that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 12/10/02
Voteforpassage: AYES: Vanderhoet~, Wi]burn, Champion, Lehman, O'Donne]].
NAYS: P~:ab, Kanner. ABSENT: None.
Second Consideration 1/7/03
Voteforpassage:AYES: W'i]burn, Champion, Lehman, O'Donne]], Pfab, Vanderhoef.
NAYS: Kanner. ABSENT: None.
Date published 1/29/03
Marian Karr
From: Zach A Carstensen [zachcarstensen@juno,com]
Sent: Monday, January 20, 2003 12:37 PM
To: cou ncil@iowa-city.org
Subject: Sensitive Areas Ordinance Amendments
The Iowa City Area Association of Realtors (ICAAR) a professional
association of over 250 members, broadly and comprehensively represents
the Iowa City real estate industry. Our members are lenders, Realtors,
developers, and appraisers. Because of ICAAR's broad membership we have
particular interest in issues before the Iowa City Council.
ICAAR enthusiastically supports the proposed Sensitive Areas Ordinance
amendments. We urge you to support the amendments because we believe the
proposed changes will protect the environment, encourage streamlined
development procedures, instill certainty into the planning process, and
encourage economic development in Iowa City.
Protecting the Environment:
The ordinance preserves the sanctity of the environment and helps
preserve the diverse natural features found in Iowa City. It establishes
clear conservation goals without being overly restrictive, striking the
appropriate balance between development and the environment.
Streamlines Development Review:
The amendments streamline review for projects that will have little or no
impact on "sensitive areas" and instead focuses attention on those
projects that are altering or disturbing "sensitive areas." This will
help focus staff and council attention on projects needing intensive
review and ensure a smoother approval process for other projects.
Predictable Review:
By placing more projects in a quasi-discretional review category,
approval procedures will proceed with more certainty as to the ultimate
outcome than those subject to unabated discretionary review.
Economic Development:
By improving the review procedures for development in environmentally
"sensitive areas," the city will become a more attractive place for
development and improve the overall economic climate of Iowa City.
We hope you will continue to support the Sensitive Areas Ordinance
amendments. Should you have any questions on this issue or other issues
affecting the real estate industry please do not hesitate to contact me
at the numbers and e-mail below.
Zach Carstensen
Eastern Iowa Director of Government Affairs
Iowa Association of Realtors
319-573-1497 (cell)
zachcarstensen@juno.com
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Prepared by: Eleanor M. Dilkes, City Attomey, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5,
"PROHIBITIONS AND RESTRICTIONS," TO AMEND THE PROHIBITION ON SERVING TWO (2)
SERVINGS OF ANY ALCOHOLIC LIQUOR, WINE, OR BEER AT ANY ONE TIME TO ANY ONE
PERSON TO SERVING TWO (2) "CONTAINERS" OF ANY ALCOHOLIC LIQUOR, WINE, OR BEER AT
ANY ONE TIME TO ANY ONE PERSON AND TO DELETE THE EXCEPTION FOR "PRIVATE
EVENTS".
WHEREAS, Section 4-5-7(A)(4) of the City Code contains a prohibition on dispensing or serving for on-
premises consumption, more than two (2) servings of any alcoholic liquor, wine, or beer at any one time to
any one person; and
· WHEREAS, the purpose of such provision is to help reduce the incidence of underage consumption of
alcohol; and
WHEREAS, prosecutions pursuant to said provisions have revealed an ambiguity in the term "servings";
and
WHEREAS, it is appropriate to amend said provision to replace the term "servings" with the term
"containers"; and
WHEREAS, said amendment is consistent with the purpose of said ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Section 4-5-7 of the City Code is repealed and the following is substituted in
lieu thereof:
A. Unlawful: It shall be unlawful for a holder of a liquor control license, or wine permit or beer permit,
or its employees or agents, to do any of the following:
1. Sell, offer to sell, dispense or serve for on-premises consumption, two (2) or more servings of any
alcoholic liquor, wine, or beer to any one person for the price of one such drink.
2. Sell, offer to sell, dispense or serve for on-premises consumption an unlimited number of servings
of alcoholic liquor, wine, or beer for a fixed price or an unlimited number of servings for free.
3. Increase the volume of alcoholic liquor contained in a drink, for on-premises consumption, without
proportionally increasing the price charged for such drink.
4. Dispense or serve for on-premises consumption, more than two (2) aecvh:~containers of any
alcoholic liquor, wine, or beer at any one time to any one person. ~^';*~' ......... ....... ~.~vt tc ............ ~..,.m..~ ,...~.~,, .... ~.~. .... cr
,.,i ...... , ....~1,, o..i.~; ...... ,~,, ..... ~......;*,.h .... ~ h..~. bcttJ3 ~, winc, .,,~ ~. .......... , ......... ,
For purposes of this subsection a "container" is a receptacle, such as a glass or a cup, that holds
a substance or substances.
5. Encourage or permit any game or contest or tournament of any kind which involves drinking any
alcoholic liquor, wine, or beer or the awarding of alcoholic liquor, wine, or beer as a prize.
6. Dispense, pour or otherwise serve any alcoholic ~iquor, wine, or beer directly into a person's mouth.
B. Exceptions: Nothing in subsection A shall be construed to prohibit a holder of a liquor control
license, or wine, or beer permit, or its employees or agents, from:
1. Including servings or drinks of alcoholic liquor, wine, or beer as part of a hotel or motel package
which includes overnight accommodations.
2 Dr.~,,;~:.~ .. ¢,..~.,~ ....-~. ~ ....... ':'~;*'"'~ "' [nd~fin!ta amount cf dr!nks for "'~'"'* ......
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
Ordinance No,
Page 2
MAYOR
ATTEST:
CITY CLERK
Approved by ~
City Attorney's Office
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:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 1/7/03
Voteforpassage: AYES: Lehman, 0'Donnell, Pfab, Vanderhoef, Wilburn, Champion,
Kanner. NAYS: None. ABSENT: None.
· ~=~::o n d Consideration 1/21/03
Voteforpassage: AYES: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion,
Kanner. NAYS: None. ABSENT: None.
Date published