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HomeMy WebLinkAbout2009-04-20 Ordinance~ ~ _` `,~. Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; (319)356-3243 (REZ08-00011) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 0.98 ACRES OF PROPERTY LOCATED NORTH OF ROHRET ROAD FROM INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL, 40.13 ACRES FROM RURAL RESIDENTIAL (RR-1) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) AND 57.49 ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY SINGLE-FAMILY RESIDENTIAL (OPD-5). (REZ08- 00011) WHEREAS, S & J Development LLC (Owner) has requested a rezoning of property located north of Rohret Road and east of Slothower Road from Interim Development Single-Family Residential (ID-RS) to Low Density Single-Family Residential (RS-5); from Rural Residential (RR-1) to Low Density Single-Family Residential (RS-5); and from Low Density Single-Family Residential (RS-5) to Planned Development Overlay Low Density Single-Family Residential (OPD-5); and WHEREAS, the Comprehensive Plan indicates that the area is appropriate for single family housing; and WHEREAS, Owner has requested a reduction in wetland buffers and wetland mitigation, which requires a Level II Sensitive Areas Review and Planned Development Overlay Rezoning. The Planning and Zoning Commission has reviewed the requirements for wetland buffer reduction and mitigation and has found that the proposal meets the requirements as outlined in Section 14-51-6 of the -Iowa City Zoning Code; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for improvement of Rohret Road to City standards, approval of the wetland mitigation plan, and a plan for the long-term maintenance of the wetland by the home owners' association; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request over and above existing regulations in order to satisfy public needs caused by the requested change; and WHEREAS, Owner has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The properties described below are hereby reclassified: 1. From its current zoning designation of ID-RS to OPD-5 Commencing at the North Quarter Corner of Section 24, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S89°47'19"E, along the North Line of the Northeast Quarter of said Section 24, a distance of 634.00 feet, to the POINT OF BEGINNING; Thence continuing. S89°47'19"E, along said North Line, 342.27 feet; Thence Southwesterly, 318.98 feet, along an arc of a 1720.00 foot radius curve, concave Northwesterly, whose 318.53 foot chord bears S62°48'47"W; Thence N21 °52'26"W, 158.18 feet, to said POINT OF BEGINNING, and also, Commencing at the North Quarter Corner of Section 24, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S89°47'19"E, along the North Line of the Northeast Quarter of said Section 24, a Ordinance No. Page 2 distance of 1400.09 feet, to the POINT OF BEGINNING; Thence continuing S89°47'19"E, along said North Line, 291.81 feet, to its intersection with the Centerline of Rohret Road; Thence S67°18'23"W, along said Centerline, 51.72 feet; Thence S67°00'50"W, along said Centerline, 52.57 feet; Thence S60°26'59"W, along said Centerline, 88.13 feet; Thence S59°56'46"W, along said Centerline, 61.62 feet; Thence N29°33'01"W, 133.21 feet, to said POINT OF BEGINNING, Said Parcels contain 0.98 acre, more or less, and are subject to easements and restrictions 2 . From its current zoning of RR-1 to OPD-5: Commencing at the South Quarter Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence N01°15'46"E, along the West Line of the Southeast Quarter of said Section 13, a distance of 139.57 feet, to the POINT OF BEGINNING; Thence continuing N01°15'46"E, along said West Line, 1420.85 feet; Thence S88°38'52"E, 101.15 feet; Thence S39°50'42"E, 158.00 feet; Thence N50°09'18"E, 230.00 feet; Thence N33°54'18"E, 173.50 feet; Thence S67°05'42"E, 336.00 feet; Thence S22°54'18"W, 55.00 feet; Thence S07°54'18"W, 297.07 feet; Thence S29°37'33"W, 60.57 feet; Thence S53°35'48"E, 662.14 feet, to a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Recorded Plat thereof; Thence S68°04'47"W, along said West Line, 60.00 feet; Thence S46°03'38"E, along said West Line, 330.10 feet; Thence S53°55'32"E, along said West Line, 235.85 feet; Thence S21 °17'53"E, along said West Line, 412.93 feet, to the Southwest Corner thereof, and a Point on the Centerline of Rohret Road; Thence S68°42'07"W, along said Centerline, 18.85 feet; Thence S67°18'23"W, along said Centerline, 79.70 feet; to its intersection with the South Line of said Southeast Quarter; Thence N89°47'19"W, along said South Line, 291.81 feet; Thence N29°33'01"W, 173.66 feet; Thence N44°07'58"W, 92.84 feet; Thence Southwesterly, 349.22 feet, along an arc of a 1720.00 foot radius curve, concave Northwesterly, whose 348.62 foot chord bears S51°41'01"W, to a point on said South Line; Thence N89°47'19"W, along said South Line, 342.27 feet; Thence N21°52'26"W, 150.82 feet; Thence N12°36'51"W, 60.83 feet; Thence N22°17'21"W, 135.16 feet; Thence S64°30'09"W, 57.17 feet; Thence S70°59'48"W, 117.60 feet; Thence S78°00'56"W, 223.03 feet; Thence S40°13'58"W, 108.48 feet; Thence S50°14'53"E, 124.04 feet; Thence S37°18'02"W, 15.40 feet; Thence N55°09'02"W, 176.92 feet, to said POINT OF BEGINNING, containing 40.13 acres, more or less, and subject to easements and restrictions of record. 3. From RS-5 to OPD-5, subject to the Conditional Zoning Agreement attached hereto and incorporated herein: Commencing at the South Quarter Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence N01 °15'46"E, along the West Line of the Southeast Quarter of said Section 13, a distance of 139.57 feet, to the POINT OF BEGINNING; Thence continuing N01°15'46"E, along said West Line,"2141.50 feet, to the Southwest Corner of Auditor's Parcel 2002031, in accordance with the recorded plat thereof; S89°44'32"E, along said South line, 361.42 feet, to the Southeast Corner thereof; Thence N01°16'10"E, along the East line of said Auditor's Parcel, 361.50, to the Northeast corner thereof; Thence S89°44'30"E, 354.25 feet, to the Northwest Corner of Country Club Estates Second Addition, Iowa City, Iowa, in accordance with the recorded plat thereof; Thence S14°51'48"E, along the West Line of said Country Club Estates Second Addition, 221.57 feet; Thence S14°38'33"E, along said West Line, 97.48 feet; Thence S00°07'09"E, along said line, 75.66 feet; Thence S18°21'00"W, along said line, 91.60 feet; Thence S20°38'15"W, along said line, 126.29 feet; Thence S11°37'37"W, along said line, 478.88 feet, to a point on the West Line of Country Club Estates First Addition; Thence N78°22'23"W, along said West line 217.77 feet; Thence S33°57'16"W, along said line, 170.83 feet; Thence S00°54'29"W, along said line, 80.00 feet; Thence S16°43'33"E, along said line, 83.79 feet; Thence S78°22'23"E, along said line, 287.00 feet; Thence N11°37'37"E, along said line, 170.36 feet; Thence S78°22'23"E, along said South Line, 120.00 feet; Thence S11°37'37"W, along said line, 60.33 feet; Thence S78°22'23"E, along said line, 60.00 feet; Thence Northeasterly 39.27 feet, along said South Line and an arc of a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N56°37'37"E; Thence S78°22'23"E, along said line, 45.55 feet; Thence Southeasterly 31.07 feet, along said line and an arc of a 325.00 foot radius curve, concave Northeasterly, whose 31.06 foot chord bears S81°06'43"E; Thence S03°20'14"W, along said line, 126.16 feet; Thence S88°32'31 "E, along said line, 226.92 feet, to the Northwest Corner of Auditor's Parcel 2006047, to Iowa City, Iowa, in accordance with the recorded plat thereof; Thence S01 °27'29"E, along the West Line of said Auditor's Parcel, 10.15 feet; Thence N81°43'30"E, along the South Line of said Auditor's Parcel, 169.98 feet, to a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Ordinance No. Page 3 Recorded Plat thereof; Thence S19°45'01"E, along said line, 386.21 feet; Thence S68°04'47"W, along said West Line, 60.00 feet; Thence S46°03'38"E, along said West Line, 330.10 feet; Thence S53°55'32"E, along said West Line, 235.85 feet; Thence S21°17'53"E, along said West Line, 412.93 feet, to the Southwest Corner thereof, and a Point on the Centerline of Rohret Road; Thence S68°42'07"W, along said Centerline, 18.85 feet; Thence S67°18'23"W, along said Centerline, 131.42 feet; Thence N67°00'50"W, along said Centerline, 52.72 feet; Thence S60°26'59"W, along said Centerline, 88.13 feet; Thence S59°56'46"W, along said Centerline, 61.62 feet; Thence N29°33'01 "W, 306.87 feet; Thence N44°07'58"W, 92.84 feet; Thence Southwesterly, 668.20 feet, along an arc of a 1720.00 foot radius curve, concave Northwesterly, whose 664.01 foot chord bears S56°59'48"W; Thence N21°52'26"W, 309.00 feet; Thence N12°36'51"W, 60.83 feet; Thence N22°17'21"W, 135.16 feet; Thence S64°30'09"W, 57.17 feet; Thence S70°59'48"W, 117.60 feet; Thence S78°00'56"W, 223.03 feet; Thence S40°13'58"W, 108.48 feet; Thence S50°14'53"E, 124.04 feet; Thence S37°18'02"W, 15.40 feet; Thence N55°09'02"W, 176.92 feet, to said POINT OF BEGINNING, containing 57.49 acres, more or less, and subject to easements and restrictions of record. 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. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION IV. 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 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 V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. 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 VII. 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 ATTEST: MAYOR Approved by: ~~_ ~~ %' % ~ ~ 2~~~~~ `City Attorney's Office ~ zlc? CITY CLERK Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright that the Ordinance First Consideration 4/6/2009 Vote for passage: AYES: Wilburn, Bailey, Champion, Hayek, O'Donnell. NAYS: Wright, Correia. ABSENT: None. Second Consideration 4/20/2009 Vote for passage: AYES: Bailey, Champion, Hayek, O'Donnell, Wilburn. NAYS: Wright, Correia. ABSENT: None. Date published Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa Ciry, IA 52240; (319)356-3243 (REZ08-00011) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and S & J Development LLC (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 57.49 acres of property located north of Rohret Road and East of Slothower Road; and WHEREAS, Owner has requested the rezoning of said property from Low Density Single-Family Residential (RS-5) to Planned Development Overlay Low Density Single-Family Residential (OPD-5); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the improvement of Rohret Road to City standards, approval of the wetland mitigation plan, and a plan for the long-term maintenance of the wetlands by the home owners' association, the zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan, to address increased traffic demands by improving of Rohret Road to City standards, to provide for orderly development of the subdivision, to plan for wetland mitigation and to provide for long-term wetland maintenance; and WHEREAS, Owner agrees to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. S & J Development LLC is the legal title holder of the property legally described as follows: Commencing at the South Quarter Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence N01 °15'46"E, along the West Line of the Southeast Quarter of said Section 13, a distance of 139.57 feet, to the POINT OF BEGINNING; Thence continuing N01 °15'46"E, along said West Line, 2141.50 feet, to the Southwest Corner of Auditor's Parcel 2002031, in accordance with the recorded plat thereof; S89°44'32"E, along said South line, 361.42 feet, to the Southeast Corner thereof; Thence N01°16'10"E, along the East line of said Auditor's Parcel, 361.50, to the Northeast corner thereof; Thence S89°44'30"E, 354.25 feet, to the Northwest Corner of Country Club Estates Second Addition, Iowa City, Iowa, in accordance with the recorded plat thereof; Thence S14°51'48"E, along the West Line of said Country Club Estates Second Addition, 221.57 feet; Thence S14°38'33"E, along said West Line, 97.48 feet; Thence S00°07'09"E, along said line, 75.66 feet; Thence S18°21'00"W, along said line, 91.60 feet; Thence S20°38'15"W, along said line, 126.29 feet; Thence S11°37'37"W, along said line, 478.88 feet, to a point on the West Line of Country Club Estates First Addition; Thence N78°22'23"W, along said West line 217.77 feet; Thence S33°57'16"W, along said line, 170.83 feet; Thence S00°54'29"W, along said line, 80.00 feet; Thence S16°43'33"E, along said line, 83.79 feet; Thence S78°22'23"E, along said line, 287.00 feet; Thence N11°37'37"E, along said line, 170.36 feet; Thence S78°22'23"E, along said South Line, 120.00 feet; Thence S11°37'37"W, along said line, 60.33 feet; Thence S78°22'23"E, along said line, 60.00 feet; Thence Northeasterly 39.27 feet, along said South Line and an arc of a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N56°37'37"E; Thence S78°22'23"E, along said line, 45.55 feet; Thence Southeasterly 31.07 feet, along said line and an arc of a 325.00 foot radius curve, concave Northeasterly, whose 31.06 foot chord bears S81 °06'43"E; Thence S03°20'14"W, along said line, 126.16 feet; Thence S88°32'31"E, along said line, 226.92 feet, to the Northwest Corner of Auditor's Parcel 2006047, to Iowa City, Iowa, in accordance with the recorded plat thereof; Thence S01 °27'29"E, along the West Line of said Auditor's Parcel, 10.15 feet; Thence N81 °43'30"E, along the South Line of said Auditor's Parcel, 169.98 feet, to a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Recorded Plat thereof; Thence S19°45'01"E, along said line, 386.21 feet; Thence S68°04'47"W, along said West Line, 60.00 feet; Thence S46°03'38"E, along said West Line, 330.10 feet; Thence S53°55'32"E, along said West Line, 235.85 feet; Thence S21 °17'53"E, along said West Line, 412.93 feet, to the Southwest Corner thereof, and a Point on the Centerline of Rohret Road; Thence S68°42'07"W, along said Centerline, 18.85 feet; Thence S67°18'23"W, along said Centerline, 131.42 feet; Thence N67°00'50"W, along said Centerline, 52.72 feet; Thence S60°26'59"W, along said Centerline, 88.13 feet; Thence S59°56'46"W, along said Centerline, 61.62 feet; Thence N29°33'01 "W, 306.87 feet; Thence N44°07'58"W, 92.84 feet; Thence Southwesterly, 668.20 feet, along an arc of a 1720.00 foot radius curve, concave Northwesterly, whose 664.01 foot chord bears S56°59'48"W; Thence N21 °52'26"W, 309.00 feet; Thence N12°36'51"W, 60.83 feet; Thence N22°17'21"W, 135.16 feet; Thence S64°30'09"W, 57.17 feet; Thence S70°59'48"W, 117.60 feet; Thence S78°00'56"W, 223.03 feet; Thence S40°13'58"W, 108.48 feet; Thence S50°14'53"E, 124.04 feet; Thence S37°18'02"W, 15.40 feet; Thence N55°09'02"W, 176.92 feet, to said POINT OF BEGINNING, containing 57.49 acres, more or less, and subject to easements and restrictions of record. 2. Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an owner's rezoning request over and above the .existing regulations in order to satisfy public needs caused by the requested change. 3. In consideration for the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all requirements of the Iowa City Zoning Code, as well as the following conditions (all lot and addition numbers are in reference to the preliminary plat received March 18, 2009): a. Owner shall, during the first phase of development, improve the portion of Rohret Road adjacent to lots 1 and 38 to City standards at Owner's expense and extend Lake Shore Drive from its current terminus to Rohret Road. b. The Wetland Mitigation Plan shall be approved by the U.S. Army Corps of Engineers. c. Along term maintenance plan for the wetland private open space by the Home Owners' Association shall be included in the Subdivider's Agreement entered into by the City and the Owner at the time the City approves the final plat for any portion of this development. 2 4. Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2007), and that said conditions satisfy public needs caused by the requested zoning change. 5. Owner and City acknowledge that in the event the subject property is transfer-ed, sold, redeveloped, or subdivided, all redevelopment will conform to the terms of this Agreement. 6. The parties acknowledge that this Agreement shall be deemed to be a covenant running with. the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve Owner from complying with all other applicable local, state, ,and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at Owner's expense. Dated this day of , 20 OWNER S & J Development, LLC CITY OF IOWA CITY BY. Regenia D. Bailey, Mayor By Marian K. Karr, City Clerk Approved by: City Attorney's Office LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged ~~~ ter` ~,~,~~ s~(name) LLC. o~'P~ t s SANDRA STEIL ~~ ~ ~ 747999 ow ~~~ before me on this ~ day of 2009, by as .R~ (title) o S&J Development, Notary Public in and for the State of Iowa 3 CITY OF IOWA CITY ACKNOWLEDGEMENT: State of Iowa, County of Johnson, ss: On this day of 2009, before me, the undersigned, a notary public for the state of Iowa, personally appeared Regenia D. Bailey -and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 4 04-ZO-U9 7c Marian Karr From: ICJewells [ICJewells@mchsi.com] Sent: Saturday, April 11, 2009 10:03 AM To: Council Subject: Pending S&J Development Rezoning Request Attachments: Letter to City Council - 04-11-09.doc Letter to City Council - 04-11... This correspondence will become a public record. Dear Mayor Bailey and City Council Members, Please see the attached letter for your review and consideration regarding the the pending S&J development rezoning request. Thank you, Larry Jewell 1 Saturday, April 11, 2009 Mayor Regina Bailey & City Council Iowa City, Iowa 52242 Re: Pending S&J Development Rezoning Request Dear Mayor Bailey and Members of the Council: As you contemplate the final vote on the Country Club Estates rezoning and development proposal, I would like to thank Amy Correia and Mike Wright for their initial vote against the current proposal and request that you stand by your position when it comes to the final vote on this issue. As Mr. Wright stated, there are "many flaws with this current plan" that should be worked out before it is finally approved. I would also ask that the council consider the following feedback based on the council's discussions that followed the closing of the public discussion. Since there was no opportunity to respond to the issues brought up during your discussions, I felt compelled to put some things in writing. One of the key things that concern me regarding where we are at with this proposal is the fact that there is an established comprehensive plan and supporting sub plan for the Southwest District that seems pretty straight forward on certain aspects when developing this property. Yet, for some reason, the developer and the city planning staff are allowed to ignore these aspects in the plan and are not called to task on their reasons for doing so. For example, there is a clearly stated position on creating an effective transition between the existing SW Estates properties and any new development using larger RSS lots. However, the current proposal clearly does not include this concept, yet there is no explanation from the staff on why the current plat is allowed to ignore this aspect of the SW District plan. If the clearly stated aspects of the SW District plan are allowed to be ignored by the proposal, then my question is -what good is a comprehensive and district plan? Ignoring the established plans only serves to frustrate the citizens who have taken their time to participate in the creation of the plan and have invested considerable time to ensure the correct implementation of the plans within our communities. It seems highly hypocritical to have such plans and to not enforce the principles laid out in them without serious discussions and negotiations with all impacted parties before allowing changes to them. From a personal perspective, it almost feels like the existing property owners are being ignored on this issue due to our opposition to the current proposal. I'm sure that is not the case, however, we are not receiving any other explanation as to why this issue is allowed to be ignored. I request a formal response from the council on why this specific aspect can be ignored in this process. Also, as part of the council's discussion, it was mentioned again that the developer held a "Good Neighbor" meeting with the neighbors, however, as documented in previous communications received by the council, this meeting was a farce. There clearly was no "negotiations" taking place between the developer and the neighbors at this meeting. Do not mistake this meeting for any type of collaborative process between the developer and the neighbors. We are suppose to have a representative government, however, I am wondering -where is the representation of the citizen's issues raised in this proposal? Should not the City Council seek to strike a balance between the interests of all parties involved, including the citizens? What are the citizens getting out of this proposal? The current proposal under consideration is set to have a very negative impact on many of the existing property owners, while both the developer and the city is expected to see a si~,nificant increase in revenue generated by this rezoning and development. How is this fair and reasonable? Is this what citizens should expect from a representative government? My understanding is that there is no legal requirement where the city has to approve a rezoning of this property from the current RR1 zoning to RSS. Especially when the proposal has as many flaws as this one does. I ask you not to make a decision out of fear of a lawsuit when you have the comprehensive plan and the city ordinances regarding the wetlands and sensitive areas to back up your decisions to vote against the current proposal. Again, I urge you to vote down the current rezoning and platting proposal and direct the planning department and the developer to sit down with the neighbors and collaborate to come up with a better solution that meets the needs of all parties involved. The time to discuss and negotiate on the final solution should not be during the Planning and Zoning or City Council meetings. By then, it is too late to do so effectively. And when a new proposal comes up for consideration, I urge the Planning and Zoning Commission and the City Council to insist on accurate, and fact based information to help ensure a fair presentation of the proposal. Sincerely, Larry Jewell Page 1 of 1 L~ Marian Karr From: Tokuhisa, Judith A (judy.tokuhisa@vangent.com] Sent: Monday, April 20, 2009 8:42 AM To: Council Attachments: City Council letter 42009.doc This correspondence will become a public record. 4/20/2009 3305 Rohret Rd SW Iowa City, IA 52246 Monday, Apri120, 2009 Dear Members of the City Council of Iowa City; We are writing in favor of saving the trees on Rohret Road. There are four possible ways Rohret Road can be widened in the future. It can be widened either within an 88 feet or a 100 feet ofright-of--way following the current centerline, or by widening in one of the two rights-of--way with the center line moved north. The first two options will cause greater damage to the trees. At a previous city council meeting we heard the city engineer say that road construction, using the 88 feet right-of--way, would require removal of some trees and could cause some tree damage. In addition, tree experts will tell you that the critical root zone extends out from the trunk to a distance of 1.5 feet per inch of the DBH. (See diagram below) EieJ,t~Kt3 i. GRIfiiCAt R4(}T ZDiVE r.~"' -- F `5 t, Iw,ii.~`- u'~ 4 i_{ _ .~ ~+` { ._.: R ~ . P L E ... _ ,- r 1 ,_ -- - -a+~ -. 7~- . 4~-fie. a.., - - _- ~~.~<- -`~~_ ~ ` = ~ - ...._ _.' _h .,.. •~ 3 GRtTIGALROCiTZON£ ~ s•,•=e^ fhb the 3a1W~ TREE cr ~ r., a1 end u• F~_ ~RCITE~GTI~td ZG7h1E ~ ~ c _ ' . n c ^ Y„_ Ci. t'. 1[Ot...,,Q '.Gf~:r 'p S"e ~a r Z L~ l pe° ~,c~ C7BH...r cr~e~r is ~r~a#~r. ~~, .~,: Copyright ©2008 About, Inc. AIIExperts, AIIExperts.com, written by Jim Hyland an expert in Forestry, Forest Entomology, Forest Pest Control, and Forest Health...Also a Registered Forester with extensive knowledge in the management and care of forests. While we have not measured all our trees, just one of our oak trees is 32+ in diameter (4.5 ft above the ground). That means that the critical root zone for that one tree has a 48+ feet (1.5 ft x 32+) radius. Any road work completed following the existing centerline will damage the critical root zone of that tree. Shifting the road away from the trees by 17 feet will greatly improve the trees' chances of surviving. Using this information it is easy to see how the city's engineering team can protect that tree and all of the others living along the road of the stretch of Rohret Road. Connie Champion stated in a public hearing that she wanted to save the trees and then told us personally that she was not going to "let them damage our trees". It appears as though some of the other members of the council are also interested in protecting the established trees and property owners on the south side of Rohret Road as well. Please make the decision now to move the centerline of the road north by 17 feet, instead of deferring the decision to a future city council. You have a great opportunity to plan for future development and to ensure that any near term development keeps the road shift feasible. Commit to doing what is right; what is in the city's best interest. It is the only way to ensure that those trees are not lost and facilitate any future zoning changes. Allowing the developers to begin construction widening the short section of Rohret Rd. as laid out in the current plan would effectively lock the road in on its current center line because in that short distance the developer will affect the curve of the road such that the city engineer will no longer see the road shift as feasible. In your decision making regarding this subdivision, we would request that you ensure that the final plat you accept does not lock us into losing our front yard and trees. Your zoning decision should include a road right-of--way shift now to allow for a future 17 feet shift north in the Rohret Road center line. Any near term construction on Rohret Road should be required to allow a future centerline shift along the rest of the road. The Tokuhisa's Page 1 of 1 Marian Karr From: RHegeman [roberthegeman@mchsi.com] Sent: Thursday, April 09, 2009 11:49 PM To: Council Subject: S&J's Rezoning proposal of aprproximately 80 acres in southwest Iowa City pending before the City Council Attachments: Zonings&J.doc This correspondence will become a public record. Please see attachment. Thank you. Robert J. Hegeman rol~erthe.~eman~a~inchsi.com 4/10/2009 April 9, 2009 Mayor Regina Bailey & City Council Iowa City, Iowa 52242 Re: Pending S&J Development Rezoning Request Dear Mayor Bailey and Members of the Council: At the last city council meeting I raised two points in which the proposed rezoning and platting of approximately 80 acres currently owned by S&J Development in southwest Iowa City might violate Title 14 of the Iowa City Zoning Code (as revised 12- 22-08). Because these points were technical I request permission to submit them in writing. 1. Buffer Reduction The current plan calls for a reduction in a wetland buffer along the border shared with Larry & Sarah Jewell and Jayne and Mark Sandler from 100 feet to 25 feet. Does this 75 foot reduction in the buffer comply with the Iowa City Zoning Code? In order for the buffer to be reduced by 75 feet, all requirements of 14-SI-6 E 3 a and b must be met. 14-SI-6 E 3 b states: b. The required natural buffer may be reduced by up to seventy five feet if it can be demonstrated by a wetland specialist that the wetland: 1. Satisfies the criteria for Natural Buffer Reduction in paragraph a., above; and 2. Does not, in a year of average precipitation, contain standing water at any time during the calendar year, and 3.... (emphasis added) I reviewed the record. I found no report by a wetland specialist that this portion of the wetland never contains "standing water at any time during the calendar year". In fact, a wetland specialist could not provide such evidence because the neighbors have already stated at the hearing that periodically there is standing water in the area. The wetland buffer might be reduced by 50 feet under the Iowa City Zoning Code, but it cannot be reduced by 75 feet under the requirement of b 2 above. The public hearing has been closed. This rezoning request can no longer be amended. The City Council must decide this rezoning issue on the basis of the current record at the time of the closing of the public hearing. The 75 foot reduction in the wetland buffer on the eastern border cannot be allowed because it does not meet one of the requirements for a 75 foot reduction, specifically that set forth in paragraph b.2 of the Iowa City Zoning Code 14-SI-6 E.3 above. Unfortunately, the Council has no alternative but to reject this rezoning request. 2. Wetland Destruction The second issue concerns the fact that the position of Lake Shore Drive violates the purpose of the wetland ordinance. The purpose of that ordinance is to "minimize the impact of development activity on wetland areas." 14-SI-6 A.3. Satellite photo of the area projected at the hearing show that Lake Shore Drive goes directly over a significant wetland area measuring at least 50 feet wide by 450 feet long. Destroying this wetland is unnecessary because moving Lake Shore Drive slightly further west would preserve the wetland without materially increasing road construction costs. (In fact, the current positioning of Lake Shore Drive forced the planners and developer's to try to reduce the wetland buffer in issue 1. above.) When wetlands are reduced, compensatory mitigation is required. However, compensatory mitigation for wetland reductions maybe allowed only if denying the reduction in wetlands would be unreasonable: Compensatory mitigation is to be permitted only if it is clearly demonstrated that avoiding and minimizing the impact on the wetland is unreasonable. 14- SI-6 G The only stated reason for positioning Lake Shore Drive in a position where it destroys a substantial wetland is to align it with Rohret Court, a dead end county road that is two blocks long. Rarely will a driver on Lake Shore Drive go straight through the intersection onto that dead end street. Rarely will one of the 12 families on Rohret Court go straight onto Lake Shore Drive. Virtually all traffic will turn east heading into Iowa City. Aligning a major new Iowa City street because of the historical location of a little used dead end county lane is questionable and certainly does not justify destroying a sizable area of wetland. Moving Lake Shore Drive slightly further west would completely avoid the impact on the wetland. Compensatory mitigation must not be permitted for the current location of Lake Shore Drive because the impact on the wetland can easily be avoided. The current proposal should be denied under Title 14, Article SI, Section 6 G. S&J's rezoning proposal twice violates Title 14 of the Iowa City Zoning Code, either of which is sufficient to defeat the proposal. Resolving these issues together is preferable for all concerned. Sincerely, Robert J. Hegeman cc. Eleanor M. Dilkes roberthegeman@mchsi.com 44 Tucson Place Iowa City, Iowa M~U 7 Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. 09-4335 AN ORDINANCE REZONING APPROXIMATELY 100 ACRES OF LAND LOCATED ON BOTH SIDES OF 420TH STREET SE, WEST OF TAFT AVENUE FROM INTERIM DEVELOPMENT(ID-I)TO GENERAL INDUSTRIAL (I-1)(REZ09-00002) WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of approximately 100 acres of property located on both sides of 420"' Street SE, west of Taft Avenue from Interim Development (ID-I) to General Industrial (t-1); and WHEREAS, the Comprehensive Plan and the current Interim Development -Industrial zoriing designation indicates that this property is appropriate for future industrial development once City services have been extended to the area; and WHEREAS, 420th Street is scheduled to be improved to accommodate industrial traffic and City water service and other utilities will be made available to this property when the road is improved; and WHEREAS, sewer service is scheduled to be extended to this area in the near future; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan. 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 Interim Development -Industrial (ID-I) to General Industrial (I-1 ): LEGAL DESCRIPTION All that part of the Southeast Quarter (SE'/.) of Section 19, Township 79 North, Range 5 West of the 5th P.M., lying south of the right of way of the Chicago, Rock Island & Pacific Railway Co., running diagonally from southeast to northwest through said quarter section; also the following tract to-wit: Beginning at the northwest corner of the Northeast Quarter (NE%.) of Sec. 30, Township 79 North, Range 5 West of the 5th P.M., in the center of the public highway known as the Singleton Road, running thence south .along the present fence line 1320 feet to a stake, thence east 1495.4 feet to a stake, thence north 1316 feet to the center of Singleton Road running along the north line of said quarter section, thence west along the center of said Singleton Road 1500 feet to the place of beginning, this last piece containing 45.32 acres, Johnson County, Iowa. Except:. Commencing at the southeast corner of Section 19, Township 79 North, Range 5 West of the 5th P.M., thence North 02°40' west along the east line of said section 544.15 feet, thence north 64°53' west along the southerly line of the right of way of the Chicago, Rock Island & Pacific Railroad Company 686.39 feet, thence south 835.20 feet to the south line of said Section 19, thence east 647.32 feet along the section line to the point of beginning, according to plat recorded in Plat Book 5, Page 23, Plat Records of Johnson County, Iowa. And Except: A ~ortion of the Southeast Quarter of Section 19, Township 79 North, Range 5 West of the 5t P.M., more particularly described as follows: Commencing as a point of reference at the Southeast corner of Section 19, Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa; thence North 89°48' West 647.32 feet along the South line of the Southeast Quarter of said Section 19 to point of beginning of tract herein described (this is an assumed bearing for purposes of this description only); thence North 833.60 feet along the West property line of the Iowa Valley Ordinance No. 09-4'~'~5 Page 2 of 2 Milling Company to point of intersection with the Southerly right of way line of the Chicago, Rock Island, and Pacific Railroad Company; thence North 64°49' West 370.18 feet along the Southerly right of way line of the Chicago, Rock Island & Pacific Railroad Company to a point; thence South 989.95 feet to a point of intersection with the South line of the Southeast Quarter (SE'/<) of said Section 19; thence South 89°48' East 335.00 feet along the South line of the Southeast Quarter of said Section 19 to point of beginning; and containing 7.0 acres more or less. 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. Upon passage and approval of the Ordinance, 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 City'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 2 th day of gpril , 2009. Ap ved by (~ . s -vzf'~~~y,~ City Attorney's Office 3 a-'7 (v~ ATTEST: 9 ~ - CITY -ERK Ordinance No. 09-4335 Page 2 It was moved by Wright and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: -~ x X x x First Consideration 4/6/2009 Vote for passage: AYES: Wight, NAYS: None. ABSENT: None. Second Consideration ----------- Vote for passage: Date published _ April 29, 2009 Moved by Wright, 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: Wilburn, Wright, Bailey, Champion, Correia, Hayehy.=0'Donnell. NAYS: None. ABSENT: None. Bailey Champion Correia Hayek O'Donnell Wilburn Wright Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn. ~~_,---r,®~r CITY ~F IC>WA CITY 12 ,rln~~ ~~~~~~ ~ E 1VI C~ RA N D LI M Date: April 16, 2009 To: City Council From: Dale Helling, Assistant City Manager ~ Re: Proposed Amendments to "Commercial Use of Sidewalks" Ordinance Two code amendments are included in the above referenced agenda item. The first involves revision to Section 10-3-4 which removes the limit on the number of sidewalk sale events that may be approved annually. Currently, the ordinance allows for two permitted events of not more than four days each and a third permit that covers Fridays from 9 a.m. to 9 p.m. roughly during the Friday night concert series season. These events are sponsored by the Downtown Association (DTA) and their members who participate are covered by DTA insurance. Non-DTA members must provide proof of insurance to the City if they elect to participate. In the past it has been the City's policy to limit sidewalk sales to avoid the appearance of an ongoing outdoor market downtown. However, over time, many new outdoor events have been initiated and retailers have become increasingly interested in more directly participating in such outdoor events. The ordinance has been amended at least twice in the past to accommodate more frequent or longer sidewalk sales events. This amendment will allow for the permitting of additional such events without the need for formal Council consideration. The second amendment is a new code section creating a "sidewalk retailing permit" that can be issued to individual retailers annually, allowing them to place merchandise on the sidewalk in a manner more restrictive than for downtown sidewalk sales events (e.g. limited display area, no tents or umbrellas, etc.) The permit would apply from March 1 through October 31. Under this provision, a permit would be issued to any individual retailer who submits an application, signs an indemnification agreement and provides proof of liability insurance naming the City as an additional insured, and abides by the rules for sidewalk retailing established by the City Manager. The DTA has requested this provision on behalf of many downtown retailers who wish to occasionally display merchandise on the sidewalk in front of their business. The proposed rules, which are not part of the ordinance, are as follows: 1. No food or drink may be sold or provided. 2. All signs must conform to the City sign ordinance. 3. No tents or umbrellas. 4. The merchandise displayed may not cover more than 32 square feet of the right-of- way. 5. No table, clothes rack, or other object may be closer to the street than four feet. 6. The business must allow at least four feet of unobstructed sidewalk. 7. No amplified sound is permitted. 8. The goods and services sold must be identical to goods and services sold inside a retail establishment (e.g., a shoe store may not sell cellular phone plans). 9. All tables, clothes racks, and other objects must be removed by 9:00 p.m. and may not be placed on the sidewalk before 9:00 a.m. 10. The City has three (3) working days to grant (or deny) the permit. April 16, 2009 Page 2 11. The permit is valid for one calendar year. 12. The business must obtain liability insurance that meets the requirements as set forth by the City. I will be present at your meeting on April 20th to answer any questions you may have. mgr/assUmem/4-15-09Memo. doc v Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE; ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," TO ELIMINATE THE CAP ON TEMPORARY SIDEWALK PERMITS AND TO EXPAND THE PERMIT FOR FRIDAYS DURING THE SUMMER BY ESTABLISHING A NEW SIDEWALK RETAILING PERMIT. WHEREAS, regulating the public right-of-way ensures the safe movement of pedestrians; WHEREAS, section 10-3-4 provides that the City may issue two temporary permits to businesses each year for the commercial use of City sidewalks and one permit specifically for Fridays during the Friday Night Concert Series; WHEREAS, the Downtown Association of Iowa City has requested that the City Code be amended to expand the "Friday" permit by establishing a new annual sidewalk permit that allows outdoor retailing on Thursdays through Sundays from March 1 though October 31; and WHEREAS, it is in the City's interest to permit businesses to use the City's sidewalks on Thursdays through Sundays from March 1 though October 31 and to eliminate the cap on other temporary sidewalk permits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 4, entitled "Temporary Use of Sidewalk Permits," is hereby amended by deleting the first unnumbered paragraph of Section 4 in its entirety and by substituting in its place the following new unnumbered paragraph: The City .Manager or designee is authorized to issue Temporary Use of Sidewalk Permits to businesses or business organizations for any commercial purpose in commercially zoned districts excluding permits for sidewalk cafes, sidewalk retailing, ambulatory vendors, and mobile vending carts. Temporary Use of Sidewalk Permits shall be limited to the temporary use of sidewalks and public right-of-way abutting said businesses and shall be limited to no more than four (4) days for any one permit. 2. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 4, entitled "Temporary Use of Sidewalk Permits," is hereby amended by renumbering Section 6, entitled "Penalty," to Section 7, and by adding the following new Section 6, entitled "Sidewalk Retailing Permit": The city manageror designee is authorized to issue an annual sidewalk retailing permit to businesses or business organizations for any commercial purpose in commercially zoned districts, excluding permits for sidewalk cafes, temporary use of sidewalks; ambulatory vendors, and mobile vending carts, upon completion of an application form prepared by the city manager or designee. The sidewalk retailing permit shall be limited to the use of sidewalks and public right of way abutting said businesses and shall be subject to the following conditions: A. Use is limited to 9:00 a.m. to 9:00 p.m. on Thursdays through Sundays from March 1 to October 31 from; B. Insurance coverage as required by the City's risk manager; C. Execution of an agreement to indemnify the City; D. Rules as established by the City Manager or designee, a copy of which shall be on file with the City Clerk and available on the City website; E. No fee shall be charged; and F. No sale, transfer, or assignment of a sidewalk retailing permit is allowed. The city manager or designee shall grant the permit if the applicant has fully completed the application which includes signing the indemnification agreement and providing a certificate of insurance showing compliance with this section. If the permit is denied, the city manager or designee shall state the reasons therefore within three (3) working days of the application being filed. The process for appeals and revocation of the permit shall be the same as for a temporary use of sidewalk permit. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. 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 V. 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 , 2009. 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: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 4/20/2009 Vote for passage: AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn. NAYS: None.. ABSENT: None. Second Consideration Vote for passage: Date published i~ Prepared by: Kevin O'Malley, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 3-4-5, ENTITLED "SOLID WASTE DISPOSAL;' OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2007), the City of Iowa City provides certain solid waste collection and disposal services; and WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste collection and disposal services; and WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees by approximately 3.5% for billing on or after July 1, 2009, to adequately finance operational costs; and NOW, THEREFORE, BE IT ORDAINED BY THE- CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by: Changing the charge for residential solid waste collection from $14.50 to $15.00 per dwelling unit, and 2 rooming units, per month; and from $10.90 minimum to $11.40 minimum for solid waste. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective July 1, 2009. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Approved by ^~~~ ~~ City Attorney's Office 3(~d o j finadmlordlfeeincrease-sw09.doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 4 / 6 / 2009 Vote for passage: AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. NAYS: NOne. ABSENT: None. Second Consideration 4/20/2009 Vote for passage: AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn. NAYS: None. ABSENT: None. Date published 1~ Prepared by: Kris Ackerson, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC", CHAPTER 7, ENTITLED "VEHICLE SIZE, WEIGHT AND LOAD," TO RESTRICT LARGE TRUCK TRAFFIC ON NORTH SUMMIT STREET AND DEWEY STREET. WHEREAS, North Summit Street and Dewey Street were not designed to accommodate long trucks with trailers; and WHEREAS, truck traffic with a gross weight in excess of 16 tons have damaged public property due to the narrow right-of-way including fire hydrants, curbs, and sidewalks on North Summit Street and Dewey Street. ~I©W;-~FiEREFflRE,-$E 1T (3R{3AINED -BY THE C-ITS=£-ODN6-IL--0F T#€ G~T-Y OE-IOV~FA CITY, IOWA: SECTION I. PURPOSE. The purpose of this amendment is to restrict large truck traffic on North Summit Street and Dewey Street. SECTION II. AMENDMENT. Section 9-7-4(B) is hereby amended by deleting Paragraph 2 and substituting in lieu thereof: 9-7-4(B)(2) No truck or other commercial vehicle with a gross weight in excess of 16 tons, except those specifically exempted herein, shall be operated on Kirkwood Avenue and Lower Muscatine Road from the intersection of Kirkwood Avenue with Gilbert Court to the intersection of Lower Muscatine Road with Sycamore Street; First Avenue from the intersection with Scott Boulevard to the intersection with D Street; Court Street from the intersection with Summit Street to the intersection with Muscatine Avenue; or on North Summit Street or Dewey Street from the intersection of North Summit Street with North Dodge Street to the intersection of Dewey Street with Brown Street. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. 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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided bylaw. Passed and approved this day of , 2009. MAYOR ATTEST: CITY CLERK Approved by ~q ~~~ ~~ City Attorney's Office ~~ ~ ~ ~~~ ppdadmlord/NSummit-DeweyEmbargo.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: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 4 / 6 / 2009 VOteforpaSSage: AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, Correia,Hayek. NAYS: None. ABSENT: None. Second Consideration 4/20/2009 VOteforpaSSage: AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnell NAYS: None. ABSENT: None. Date published