HomeMy WebLinkAbout1974-11-19 OrdinanceBe it enacted by the City Council of Iowa City, Iowa.
Section I Purpose. The purpose of this Ordinance is to zone
the real estate described herein and annexed to the City of Iowa City,
Iowa, pursuant to Ordinance No. 73-2665 as M1 and M2 zones.
Section II Zoning Classification. The following described real
estate is zoned M1 zone and the zoning map of Iowa City, Iowa, shall
be amended to add said real estate to said map and zoned as designated
herein:
The Westerly 300 feet of the following described real estate:
Commencing at the southeast corner of the northeast quarter
of Section 28, Township 79 North, Range 6 West of the 5th P.M.,
thence north 33.30 chains, thence west 13.50 chains, thence
south 33.30 chains, thence east 13.50 chains to the place of
beginning
Section III Zoning Classification. The following described real
estate is zoned M-2 zone and the zoning map of Iowa City, Iowa, shall
be amended to add said real estate to said map and zoned as designated
herein:
The Easterly 591 feet of the following described real estate:
Commencing at the southeast corner of the northeast quarter
of Section 28, Township 79 North, Range 6 West of the 5th P.M.,
thence north 33.30 chains, thence west 13.50 chains, thence
south 33.30 chains, thence east 13.50 chains to the place of
beginning.
Section IV Recording. The Mayor and City Clerk are hereby
authorized and directed to certify a copy of this Ordinance to the
Recorder of Johnson County, Iowa.
It was moved by Brandt
and seconded by
Davidsen
that the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
X
X
X
X
ATTEST:
Clerk 1
Passed and approved this 19th day of
Brandt
Czarnecki
Davidsen
deProsse
White
1st reading 11-19-74 T.O.
2nd reading 11-19-74 T.O.
3rd reading 11-19-74 T.O.
November
, A.D., 1974.
i _ yr ,Y s sy � �'}�.v <ts�:'f, t • y - e� '- a ±x 6�' tw Y4 � t
4 imi. t ♦ Ry" i:i rf✓ a'Aatitl`x't
r ♦- `r t` S� k; 2a Yr �. kti ' r rj St Y ;� �.\iF�i. S v'x �'� Z
lvl
5 'r: F`-, <.Kir.? 5 x > rpt:._p%4M 5t r ^i}+ •..ry - st:
Y
x y.. rae.2A .e?n�r. �4.�;�. 3:•=:i '". v� s z�. C r ;r.., u.
AGREEMENT
THIS AGREEMENT entered into this fQ+� day of November, A.D., 1974,
by and between the'
City- Iowa City', Iowa; a.municipal corporation, herein-
after referred .to as the'City,-and Gordon and Angeline Russell, individuals
owning certain real estate described in this petition, hereinafter called
Russell.
WHEREAS, Russell is the owner ofthe following described real estate:
Commencing at the southeast corner of the
northeast quarter of Section 28, Township
79 North, Range 6 -West of the,5th P.M.,
thence north '33.30'chains,`thence west
13.50 chains,,thence.south 33',30 chains,
thence east'13.50 chainstothe 'place of
beginning,
and said real. estate abuts and adjoins the municipal corporate limits of the
City of Iowa City, and
WHEREAS, Russell has"made application to the City Council of the City of
Iowa. City, Iowa, for annexationiof said real estate and for the zoning of
said real estate as M-2 zoning, and
WHEREAS, pursuant to the Ordinances'of the City of Iowa City, Iowa,
and the statutes of the State of Iowa, -the proposed annexation and zoning
has been referred to the Planning and Zoning Commission of the City of
Iowa City, Iowa, and the.Riverfront Commission of the City of Iowa City,
Iowa, and the Parks and Recreations Commission of the City of Iowa City,
Iowa; and said Commissions have all recommended approval of the annexation
of said real estate and the zoning of'said 'real estate in part M-1 and in
part M-2, but that all of -.said Commissions have expressed reservations
about the screening and the establishing of a greenbelt relative to any
uses on said real estate,, -and
WHEREAS,; Russell wishes to develop said real estate in a manner that
will be a credit to`the real estate and the development of said real estate
and to the City of Iowa City, Iowa, and_is willing to provide an adequate
greenbelt for said real estate, and is'willing to agree that all Ordinances
of the City of. Iowa City shallbeapplied retroactively to said real estate.
y 9�,
_ Fr.
NOW, THEREFORE,:
ITIS HEREBY AGREED by_ and
between.the parties
as
_ Fr.
_Y
X,
-Z*. Z -k
-A
;'43
U
r
4J
notice of said 'request .
for-, 6uchf,arhitration shall, appoint one arbitrator
as such -Lpartv, :may select,. --r. The ,other party,:upon receipt of the written
notice,- shall by written .Inotice ;within,115 days after receipt of such notice
appoint a second alrbitrator-'as such party may select..
b) When two arbitrators have.,been appointed as hereinabove
provided, they shall agree on a-third'arbitrator and shall appoint said
arbitrator by written notice signed ,by both of them with a copy mailed to
each party hereto., In the eventothatthe .two -arbitrators selected by the
parties cannot.agree on,a-third',arbitrator, parties agree to request that
the State of Iowa Arbitration Board.appoint::a third arbitrator and such third
arb1trator:appointed by the State,Board shall be qualified and is accepted by
both of the parties.
c) -Ori-,:appointment of three arbitrators as hereinabove provided,
such arbitrators shall hold an.informal hearing and prescribe the rules of
said hearing..and the thrOearbitrators shall allow each party to present
his position and any -information and witnesses that such party may have on
the question before the'4Aitra'tion B6aid and.uponthO.close.of the hearing
and after -a reasonable time., thee -arbitration Board shall: render their award
including- a provision for, Dayn*ke,r;�'t-nof '66sts and expqnses,of arbitration to
be paid by.one.-or,both of' -the part:bes hereto as the arbitrators deem just.
d)I,._The award:.of the majority of the arbitrators shall be bind -
A
iiig on the parties.:,hereto`and judgment may.be entered thereon in any Court
having jurisdiction thereof and the parties -hereto agree to waive notice of
said entry of judg'ment.
4. lt_is.understoo_d and;a-greed byand between the parties that the
screening and buffering and plantings and establishment of a greenbelt as con-
templated in this lAgreeme nt will: not commence in 1974, but will be the subject
of negotiations'.between-the 'partiesand will also be contingent upon adequate
filling inofthe.'area of,.the.,real estate being annexed as a part of
this Agreement. It is understood ,by.the parties that this filling of land
will be over a -wide areaof therealestate under consideration with emphasis
in the immediate future in the,-.arealof..the small ponds and ditches colored
blue in Exhibit ,"A" attached to: -this -Agreement and by this reference made a
r
-N "t-ii7Z t.
4
ot
part he reof :it is lgre4dbyRussell that .the- filling done on this
property
will be.a-'quality fill material approved by -.the City of Iowa City, Iowa. It
is understood and *. agreed -by and between Russell and the City that this
area
shall not be ai,,Sanitary land,.,fill or'a-garbage dump and will not become
a
nuisance to.the :'neighborho6d.or theicitizens.of Iowa City, Iowa.
5. It is,understoo(fand iagreed by and between the parties that pending
the planting ,d.f,the':r-"greenbelt, :screening and buffering devices, and the con-
struction of the--bdrms referred toin this Agreement, that there will be
placed onthereal es.tate-.,being .annexe'd:*anlauto recycling operation owned by
Paul Poulsen, and that said aut o.recycling operation will consist of generally,
the placement o'f---automobil:d'crushiiig'equip and,; the storage of crushed
automobiles,.and-*.aut'omobilO-s waiting to.be-d"ru shed -'on a temporary basis and
the trucksand .vehicles required f . or said - -operation will also be stored in
said area.:Itlisi.,heirebyagreed that this,area shall not exceed five acres
in size and -that ,,,this auto recycling .operation will be located initially
in the area generally outlined in red on Exhibit "A" attached to this Agree-
ment and by this .reference m ade, a part.,hereof. Russell agrees that this
area will be screened onla.temporary-basJs pending the development of the
plans heretoforereferred to for c'om' prehensive screening and that said
screening on a temporary basis shall..be-'that as approved by the Building
Departmentof the .City ..of, -Iowa City.
That by virtue of a,"p-lacement of the.auto recycling operation owned by
Paul Poulsen on the real estate being annexed, it is deemed by the parties to
be necessary and .in'the interest of the parties and of the said Paul Poulsen
that he be made*a party to this Agreement.,- and that his signature appears in
this Agreement --acknowledging that he accepts.the terms and conditions of
this Agreement and agrees to abidethereby.
6. Russell further -agrees -..that noadditional industrial use or other
uses allowed in an M-2 area will.be placed upon the real estate herein
described unless.:screened in Compliance with existing Ordinances of the
City of Iowa City, Iowa, or fut ure Ordinances of the City of Iowa City, Iowa.
It is further agreed .that ,ifany.--future Ordinance of the City of Iowa City
T.It is understood-and='agieed,that.the entering into 'of this Agreement
by the City does not-in any way, indicate approval of any construction on the.
real estate.which is a part of this.Agreement, does.,not,approve any platting`
'or'does
of the 'real estate which is a part of thisN,Agreement, not approve any;,
zoning of the:Yeal estate which is a part of this:-Agreement, and does not
approve any`proposed�.or contemplatedifuture-zoning. By.the entering into of
this Agreement'.'-the'-Cityof Iowa-City does'not,waive any of the requirements
of any Ordinances of. the City of Iowa 'City''in,any respect; and Russell agrees
to. comply with`all Ordinances of'the City of: Iowa; City in the development
of the Teal estate which is a part of.this-Agreement.
8.It is further agreedrby Russell that this Agreement shall be a
covenant; running with the ;land„andthat this Agreement shall be filed of
record.'in the Courthouse in the-Office;of-..the-Recorder of Johnson County,
Iowa, and that•in the event any of the,reaL,estate described herein is
conveyed; soldor.transferred iniany way, that the Deed of conveyance will
contain.a clause indicating that,_the real estate transferred to conveyed
r
F -
is subject to the provisions ot,this Agreement.
CITY OF.IOWA CITY r
a!
r
1
.:BY
MayRr f
zl Gordon' Russell
Attest • t �� r ' t�`
. .•
City `-Clerk
I, :Pau1.,Poulsen, do :hereby =agree,to'-`comply with all of the terms and
Y
conditions of the Agreement specified herein.
Paul Poulsen
_
r
jT
i S
ORDINANCENO
AN ORDINANCE AMENDING ZONING'ORDINANCE2238 BY CHANGING THE USE REGULATIONS
OF CERTAIN PROPERTY'FROM RIA TO R3 ZONE'
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
Section 1. The property described below is hereby reclassified from
its present classification,of R1A-zone and the boundaries
of the R3 zone as'indicated upon the Zoning Map
of the City of Iowa City,'Iowa, shall be enlarged to include the follow-
ing property, to -wit:
In Township 79 North, Range 6 West of the 5th
P.M., Section 4, a parcel of land therein
described as follows: Commencing at a point
which is North 09 degrees 21 minutes East
85.4 feet, and North 09 degrees 06 minutes
West 60 feet, and South 83 degrees 30 minutes
West 690.9 feet, and South 69 degrees 41
minutes {Vest 52.88 feet of the E 1/4 corner
of said Section 4; thence South 62 degrees 39
minutes 20 seconds West 645.8 feet; thence
South 48 degrees 12 minutes 10 seconds West
123.0 feet to the point of beginning; thence
North 51 degrees 58 minutes 40 seconds West,
278.3 feet; thence South 45 degrees .11. minutes
30 seconds West 229.6 feet; thence South 51.
degrees 45 minutes 10 seconds East, 206.7
feet to the Iowa River; thence Easterly along
said River to a point bearing South 51 degrees
58 minutes 40 seconds East of the point of
beginning; thence to the point of beginning;
said parcel containing approximately one and
one-half acres.
as requested by Jack & Miriam Young
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, - and seconded by
the Ordinance be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
Passed and approved this day of
ATTEST:
Mayor
City Clerk
that
, 19�
First Reading Lu29--2'/ T.v .
Second Reading_ 1!- �L -•2-/ Tv,
Third Reading