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HomeMy WebLinkAbout1998-02-24 OrdinancePrepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5031 ORDINANCE NO. 98-3823 AN ORDINANCE VACATING A PORTION OF FORMER BENTON STREET BETWEEN RIVERSIDE DRIVE AND THE IOWA RIVER WHICH IS ADJACENT TO LINDER TIRE SERVICE. WHEREAS, the City of Iowa City wishes to vacate a twenty foot (20') wide portion, or 0.13 acres, of the former sixty-six foot (66') wide Benton Street right-of-way; and WHEREAS, the right-of-way currently serves as an access drive for adjacent private property, and is not needed for traffic circulation in the area; and WHEREAS, the remaining forty-four foot (44') wide right-of-way will continue to serve as an access drive to adjacent properties; and WHEREAS, the City intends to exchange the vacated right-of-way with Linder Tire Service for property along the Iowa River of approximately equal size; and WHEREAS, because this portion of the right- of-way does not serve a public transportation or traffic circulation purpose, it would be in the City's interest to vacate it; and WHEREAS, the City will retain utility easements over this property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. A twenty foot (20') wide segment of the northern portion of the former Benton Street right-of-way adjacent to Linder Tire Service between Riverside Drive and the Iowa River in Iowa City, Iowa, legally described as follows, is hereby vacated subject to the City of Iowa City retaining utility easements, including water, sanitary sewer and public utili- ties: Commencing at a found tack in Lead Plug at the Southwest Corner of the NW 1/4 of Section 15, T79N, R6W of the 5th P.M.: thence N 02° 51' 01" E - 582.90 feet along the West line of said NW 1/4; thence N 87° 08' 59" E - 33.00 feet to a found 3/4" pipe on the easterly Right-of-Way Line of Riverside Drive and the northerly Right-of-Way Line of Former Benton Street and the Point of Beginning; thence N 86° Ordinance No. Page 2 98-3823 54' 03" E - 297.00 feet along the northerly Right-of-Way Line of former Benton Street to a set 5/8" rebar; thence S 22° 05' 23" E - 5.33 feet to a set 5/8" rebar; then S 72° 23' 52" W - 59.72 feet to a set 5/8" rebar; thence S 86° 54' 03" W - 230.96 feet to a set 5t8" rebar; thence Northwesterly 15.75 feet along a 10.00 foot radius curve concave Northeasterly which chord bears N 47° 58' 29' W - 14.17 feet to a set 5/8" rebar on the Easterly Right-of-Way Line of Riverside Drive; thence N 02° 51' 01" W - 9.96 feet along said Easterly Right-of- Way Line to the Point of Beginning. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 24th day of February , 19 98 · .~ CITY CLERK City Attorney's Office It was moved by Vanderhoef and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Thornberry that the First Consideration 2/10/98 Vote for passage: AYES: Vanderhoef, Champion. NAYS: Kubby, Lehman, Norton, O'Donnell, Thornberry, None. ABSENT: None. Second Consideration ................ Vote for passage: Date published 3/4/98 Moved by Vanderhoef, seconded by Thornberry, 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: O'Donnell, Thornberry, Vanderhoef, Champion, Kubby, Lehman, Norton. NAYS: None. ABSENT: None. Prepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 98-3824 AN ORDINANCE VACATING 0.5 ACRES OF WATERFRONT DRIVE, AN UNDEVELOPED RIGHT-OF-WAY LOCATED SOUTH OF US HIGHWAY 6 AND EAST OF GILBERT STREET WHEREAS, the City of Iowa City wishes to vacate 0.5 acres of Waterfront Drive; and WHEREAS, the pavement within this right-of- way was removed in 1997 to accommodate the construction of a sanitary sewer line along the Waterfront Drive right-of-way, and the pavement was never replaced; and WHEREAS, the City does not intend to im- prove this portion of the Waterfront Drive right- of-way; and WHEREAS, the City intends to subdivide this right-of-way into four parcels and dispose of them to four adjacent properties, and WHEREAS, the adjacent properties will incor- porate the disposed of right-of-way into their parking areas; and WHEREAS, all public and private utility ease- ments will be retained. NOW, THEREFORE, BE IT ©RDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. VACATION. Subject to the reten- tion of all public and private utilities easements, the City of Iowa City hereby vacates the portion of the Waterfront Drive right-of-way legally de- scribed as follows: Beginning at the Northeast Corner of Lot 1 of a "Re. subdivision of a Portion of Govern- ment Lot 4 of Section 15, T79N, R6W of the 5"' P.M." in accordance with the Plat thereof Recorded in Plat Book 30 at Page 116, of the Records of the Johnson County Re- corder's Office; Thence S89°56'23"W, along the North Line of said Lot 1, a distance of 15.05 feet, to the Southeast Corner of Lot 3, of Southgate Addition, Part One, in accor- dance with the Plat thereof Recorded in Plat Book 9, at Page 54, of the Records of the Johnson County Recorder's Office; Thence N23°09'33"W along the Easterly Line of said Lot 3, a distance of 127.10 feet; Thence Ordinance No. 98-3824 Page 2 Northwesterly, 23.56 feet, along said East- erly Line, along a 15.00 foot radius curve, concave Southwesterly, whose 21.22 foot chord bears N68°10'28"W; Thence N23°11'23"W, 50.00 feet, to a point on the Southerly Line of Lot 1, of said Southgate Addition, Pad One; Thence N68°48'37"E, 55.03 feet; Thence N23°09'33"W, 14.55 feet; Thence S71°15'57"E, 21.18 feet; Thence N11°15'37"E, 30.49 feet, to the point of intersection of the Southerly Right- of-Way Line of U.S. Highway No. 6, and the Westerly Right-of-Way Line of Waterfront Drive; Thence S23°09'33"E, along said Westerly Right-of-Way Line, 307.10 feet; Thence S04°26'40"E, along said Westerly Right-of-Way Line, 23.52 feet; Thence S78°11'57"W, 62.65 feet, to a Point on the Eastedy line of Lot 1, of said Resubdivision of a Portion of Government Lot 4, of Section 15-T79N-R6W of the 5' P.M.; Thence Northwesterly 94.10 feet along said Easterly Line on a 502.67 foot radius curve, concave Southwesterly, whose 93.96 foot chord beam N17°09'49"W, to the Point of Begin- ning. Said tract of land contains 0.50 acres, more or less, and is subject to easements and restrictions of record. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be ad- judged 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval arx:l publication, as provided by law. Passed and approved this 24th day of MAYOR ppdadmin~ordtwat~m~ro. doc It was moved by Th0rnberry and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thomberry X Vanderhoef Vanderhoef that the First Consideration 2/10/98 Vote for pa~ge: AYES: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoefo NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 3/4/98 Moved by Thornberry, seconded by Norton, that the tule 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: Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion. NAYS: None. ABSENT: None. Prepared by: Doug Boothroy, Director, HIS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5121 ORDINANCE NO. 98-3825 AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING CHAPTER" ADDING PROVISIONS TO ALLOW TEMPORARY USES. WHEREAS, temporary principal and accessory uses are increasingly in demand in our community; and WHEREAS, it is deemed that, with appropriate performance criteria, temporary uses should be allowed in all zones throughout the community; and WHEREAS, it is in the public interest to encourage short-term activities through the use of temporary use permits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE cI-r'Y OF IOWA CITY, IOWA THAT: SECTION 1. AMENDMENT. Article L: City Code Title 14, Chapter 6, entitled "Provisional Uses and Special Exceptions" is hereby amended as follows: a. Title of the Chapter is hereby amended to read "Provisional Uses, Special Exceptions, and Temporary Uses." b. A new section 14-6L-2 entitled 'l-emporary Uses" as added as follows: 14-6L-2: TEMPORARY USES: A. The following temporary principal and accessory uses may be permitted, subject to the issuance of a Temporary Use Permit: 1. Outdoor display and sales of merchandise within commercial zones, including merchandise customarily sold on the premises by a permanentty established business; 2. On- and off-site contractors' construction yards in conjunction with an approved development project; 3. Auto sales lots; 4. Christmas tree sale lots; however, a permit shall not be required when such sales are in conjunction with an established commercial business, provided such activity shall only be held from November 1st through December 31st. 5. Circuses, rodeos and camivals; 6. Fairs, festivals and concerts, when not held within premises designed to accommodate such Ordinance No. 98-3825 Page 2 events, such as auditoriums, stadiums, or other public assembly facilities; 7. Parking areas in conjunction with a permitted use; 8. Halloween haunted house for 15 to 30 days, one event per year; 9. Other temporary uses which, in the determination of the building official are compatible with the land use district and surrounding land uses. B. APPLICATION AND FEE A completed application form and the required fee shall be submitted to the Building Official. The building official may request other data, plans, and information necessary to assess the potential impacts of the proposed temporary use, to make appropriate findings as contained in this chapter, and to establish appropriate conditions for the temporary use. A Temporary Use Permit shall be approved, modified, conditioned, or denied by the building official within ten (10) working days after submittal of a complete application. C. FINDINGS The building official may approve, or conditionally approve a Temporary Use Permit application, only when all of the following findings are made: 1. The site is physically suitable for the type and intensity of the Temporary Land Use. 2. The proposed temporary use is compatible with the land uses presently on the site and with existing land uses in the general area; 3. There are adequate provisions for public and private utilities and services to ensure that the proposed temporary use would not be detrimental to public health and safety; 4. Adequate provisions for public access to serve the proposed temporary use are provided; 5. The impacts of the proposed temporary use are mitigated; and 6. Adequate provisions for emergency access to serve the proposed temporary use are provided. D. CONDITIONS OFAPPROVAL In approving an application for a Temporary Use Permit, the building official may impose conditions deemed reasonable and necessary to ensure that the permit will be in accordance with the findings required by this Section and to satis~ public needs directly caused by the proposed temporary use. These conditions may involve any pertinent factors affecting the operation of such temporary event, or use, and may include but are not limited to: 1. Provision for a fixed period of time, not to exceed 180 calendar days for a temporary use Ordinance No. 98-3825 Page 3 not occupying a structure, including promotional activities, or one year for all other uses or structures, or for a shorter period of time as determined by the Building Official; 2. Provision for temporary parking facilities, including vehicular ingress and egress and appropriate circulation; 3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat; 4. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards; 5. Provision for sanitary and medical facilities; 6. Provision for solid, hazardous and toxic waste collection and disposal; 7. Provision for security and safety measures; 8. Provision for regulation of signs; 9. Regulation of operating hours and days, including limitation of the duration of the temporary use, as outlined in Condition No. 1; 10. Submission of a performance bond or other surety devices to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition; 11. Submission of a site plan indicating any information required by this Section. 12. A requirement that the approval of the requested Temporary Use Permit is contingent upon compliance with applicable provisions of the Federal, State and Municipal Code; 13. Parking required for temporary and principal commercial uses may be reduced up to ten percent (10%); and 14. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this Chapter. E. REVOCATION A Temporary Use Permit may be revoked or modified effective immediately upon written notice of violation by the building official if any one of the following findings can be made: 1. Circumstances have materially changed so that one (1) or more of the required findings is no longer present; 2. The Temporary Use Permit was obtained by misrepresentation or fraud; 3. One (1) or more of the conditions of the Temporary Use Permit have not been met; or 4. The use is in violation of any statute, ordinance, law, or regulation. Ordinance No. Page 4 98-3825 F.APPEAL$: Any decision of the building official on a Temporary Use Permit Application may be appealed to the Board of Adjustment, which appeal must be made within thirty (30) calendar days of the action of the building official. 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 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 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. Passed and approved this 24th day of February ,19 98 · MAYOR hisadmin~orcr~tempuses.doc It was moved by Thornberr.y and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef Champi on that the First Consideration 1/27/98 Vote for passage:AYES: Lehman, Vanderhoef, Champion, Kubby. NAYS: Second Consideration 2/10/98 Vote for passage:AYES: Lehman, Vanderhoef, Champion, Kubby, NAYS: Date published 3/4/98 Norton, None. Norton, None. O'Donnell, Thornberry, ABSENT: None. O'Donnell, Thornberry, ABSENT: None. Prepared by:. Ron Boose, Sr. Bldg. Inspector 410 E. Washington Street, Iowa City, IA 52240; 319- 356-5122 ORDINANCE NO. 98-3826 AN ORDINANCE AMENDING TITLE 14, CHAPTER 5, ARTICLE A, ENTITLED "BUILDING CODE" AND TITLE 14, CHAPTER 6, ARTICLE B, ENTITLED "ZONING DEFINITIONS" TO AMEND THE DEFINITION OF "GRADE". WHEREAS, the Iowa City Board of Adjustment, Board of Appeals, and Planning and Zoning Commission have expressed concern regarding a local practice of constructing berms and retaining walls to raise the defined grade around a structure; and WHEREAS, this practice can result in taller structures than would otherwise be allowed by the building code or zoning ordinance; and WHEREAS, the Iowa City Board of Appeals and Planning and Zoning Commission have recommended the adoption of this ordinance to cease this practice. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, Chapter 5, Article A, entitled "Building Code," Section 3, entitled "Amendments to Code" be hereby amended by adding the following to Section 208 therein: Delete the definition of grade in Section 206 and insert in lieu thereof the following: GRADE (Adjacent Ground Elevation) is the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building. When the finished surface of the ground has been raised by adding fill to create a higher grade around a building for determining the building height or number of stories, the slope of the fill within 20 feet of the building shall not exceed four horizontal to one vertical (4:1) or twenty-five percent (25%). SECTION II. AMENDMENT. Title 14, Chapter 6, Article B, entitled "Zoning Definitions," Section 2, entitled ~Definitions" be hereby amended by deleting the definition of "Grade" therein and Ordinance No. 98-3826 Page 2 inserting a new definition of "Grade" to read as follows: GRADE (Adjacent Ground Elevation) is the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building. When the finished surface of the ground has been raised by adding fill to create a higher grade around a building for determining the building height or number of stories, the slope of the fill within 20 feet of the building shall not exceed four horizontal to one vertical (4:1) or twenty-five percent (25%). 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 unconsti- tutional. 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 24th day of February ,1998. MAYOR City Attorney's Office hisbldg/ord/grade.doc It was moved by Kubby and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef Thornberry that the First Consideration 1/27/98 Vote for passage: AYES: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Second Consideration 2/10/98 Vote for passage:AYES: Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Kubby, Lehman. NAYS: None. ABSENT: None. Date published 3/4/98