HomeMy WebLinkAbout1997-10-07 OrdinancePrepared by: Robed Miklo, Senior Planner, 410 E.
Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO. 97-3809
ORDINANCE AMENDING THE ZONING CHAP-
TER BY CONDITIONALLY CHANGING THE
ZONING DESIGNATION FROM RM-20,
MEDIUM DENSITY MULTI-FAMILY RESIDEN-
TIAL, AND RS-5, LOW DENSITY SINGLE-
FAMILY RESIDENTIAL, TO OSA-20 AND OSA-
5, SENSITIVE AREAS OVERLAY ZONE FOR
APPROXIMATELY 1.9 ACRES LOCATED AT
1122 - 1136 NORTH DUBUQUE STREET.
WHEREAS, the applicant, James P.
Glasgow, has requested that the City approve a
sensitive areas development plan and sensitive
areas development rezoning of approximately 1.9
acres located at 1122-1136 North Dubuque
Street; and
WHEREAS, the Planning and Zoning Com-
mission has reviewed a sensitive areas devel-
opment plan for the property and has recom-
mended approval; and
WHEREAS, the subject property contains
previously altered protected slopes; and
WHEREAS, the slopes are currently eroding;
and
WHEREAS, the proposed development plan
will stabilize the slopes and prevent further
damage to this and adjacent properties; and
WHEREAS, Iowa Code §414.5 provides that
the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning
request, over and above existing regLdations, in
order to satisfy public needs directly caused by
the requested change; and
WHEREAS, the applicant and owners
acknowledge that certain conditions and
restrictions are reasonable to ensure that
appropriate safeguards are applied to grading of
the environmentally sensitive slope on this
property; and
WHEREAS, the applicant and owners have
agreed to use this property in accordance with
the terms and conditions of a conditional zoning
agreement.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. Subject to the terms
and conditions of the Conditional Zoning Agree-
ment, attached hereto and incorporated by ref-
erence herein, the property described below is
Ordinance No. 97-3809
Page 2
hereby reclassified from its present classification
of RM-20, Medium Density Multi-Family and RS-
5, Low Density Single-Family Residential, to
OSA-20 and OSA-5, Sensitive Areas Overlay
Zone;
COMMENCING AT THE NORTHEAST
CORNER OF THE SOUTHWEST QUARTER OF
SECTION 3, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE FIFTH PRINCIPAL MERIDIAN;
THENCE N6°52'00" W, (A RECORDED
BEARING) IN PART OF GOVERNMENT LOTS
3 AND 4, AS RECORDED IN PLAT BOOK 5, AT
PAGE 39, OF THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE,
80.00 FEET TO THE POINT OF BEGINNING;
THENCE S3°08'00" W, 255.10 FEET, TO A
POINT ON THE NORTHWESTERLY LOT LINE
OF LOT 10, FOREST GLEN OF SHERWOOD
FOREST SUBDIVISION OF IOWA CITY, IOWA,
AS RECORDED IN PLAT BOOK 6, PAGE 17 OF
THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S50°47'34"
W, ALONG SAID NORTH-WESTERLY LOT
LINE, 55.98 FEET, TO THE WESTERLY
CORNER OF SAID LOT 10; THENCE S 4000'00"
E. ALONG THE WESTERLY LiNE OF SAID LOT
10, AND LOT 9 211.88 FEET TO THE SOUTH-
WESTERLY CORNER OF SAID LOT 9, WHICH
CORNER IS ON THE NORTHERLY LINE OF
THE MAYFLOWER PROPERTY SURVEY,
RECORDED IN PLAT BOOK 23, AT PAGE 45,
OF THE RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE; THENCE
N77°47'00" W, 90.22 FEET, ALONG SAID
NORTHERLY LINE; THENCE N8°52'22" W,
42.43 FEET, ALONG SAID NORTHERLY LINE;
THENCE N16°15'38" E, 81.13 FEET, ALONG
SAID NORTHERLY LINE THENCE N83°56'22"
W, 70.00 FEET, ALONG SAID NORTHERLY
LINE, TO THE EASTERLY RIGHT-OF-WAY
LINE OF DUBUQUE STREET (FORMERLY
HIGHWAY #218); THENCE NORTH-WESTERLY
389.62 FEET ALONG SAID EASTERLY RIGHT-
OF-WAY LINE, ON A 510.5 FOOT RADIUS
CURVE, CONCAVE SOUTHWESTERLY
WHOSE 380.23 FOOT CHORD BEARS
N13°17'29" W, TO A 5/8-INCH IRON PIN;
THENCE S86°52'00" E, 5.64 FEET; THENCE
N26°20'00" W, 5.00 FEET; THENCE N59°42'37"
E, 130.00 FEET; THENCE S20°57'15" E, 83.20
FEET; THENCE S86°52'00" E, 126.34 FEET TO
THE POINT OF BEGINNING. SAID TRACT
CONTAINS 1.909 ACRES MORE OR LESS AND
IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
SECTION II. ZONING MAP. Upon final
passage, approval and publication of this
Ordinance No. 97-3809
Page 3
Ordinance as provided by law, the Building
Official is hereby authorized and directed to
change the zoning map of the City of Iowa City,
Iowa, to conform to this zoning amendment.
SECTION III. CONDITIONAL ZONING
AGREEMENT. Following final passage and
approval of this Ordinance, the Mayor is hereby
authorized and directe'd to sign, and the City
Clerk to attest, the Conditional Zoning Agreement
between the property owners, applicants and the
City.
SECTION IV. CERTIFICATION AND
RECORDING. Upon passage and approval of
this ordinance, and after execution of the
Conditional Zoning Agreement, the City Clerk iS
hereby authorized and directed to certify a copy
of this Ordinance and the Conditional Zoning
Agreement for recordation in the Office of the
Recorder, Johnson County, Iowa, at the
Applicant's expense, all 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 unconsti-
tutional.
SECTION VII. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 7th day of
October ,19 97
City Attorney's Office
ppdadm/or~/dubuct.~.wp5
Ordinanoe No. 97-3809
Page 4
It was moved by Thornberry and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Baker
X Kubby
X Lehman
x Norton
X Novick
X Thomberry
X Vanderhoef
I phmRn that the
First Consideration 9/23/97
Vote for passage:AYES: Kubby, Lehman, Norton, Novick,Thornberry,
Vanderhoef, Baker. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published 10/15/97
Moved by Thornberry, seconded by Vanderhoef, 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: Thornberry,
Vanderhoef, Baker, Kubby, Lehman, Norton, Novick. NAYS: None.
ABSENT: None.
Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5240
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Cor-
poration (hereinafter "City"), Bruce and James Glasgow and John D. Cruise (hereinafter
"Owner").
WHEREAS, Owner, as legal titleholder, has requested that the City approve a Sensitive Areas
Development Plan and Sensitive Areas Development rezoning for approximately 1.9 acres of
land located at 1122-1136 N. Dubuque Street from its current zoning designation of RM-20,
Medium Density Multi-Family and RS-5, Low Density Single-Family to OSA-20 and OSA-5,
Sensitive Areas Overlay; and
WHEREAS, the proposed rezoning and Sensitive Areas Development Plan will allow the
regrading and stabilization of a protected slope; and
WHEREAS, Iowa Code §414.5 (1997) provides that the City of Iowa City may impose reason-
able conditions on granting the rezoning request, over and above existing regulations, in order
to satisfy needs directly caused by the requested change; and
WHEREAS, the City wishes to ensure that the proposed grading and slope stabilization is done
in such a way that further erosion and property damage are minimized; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to
assure the appropriate grading of this property; and
WHEREAS, the Owner has agreed to grade the property in accordance with certain terms and
conditions to assure appropriate grading of this property.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree
as follows:
Bruce and James Glasgow and John D. Cruise are the owners and legal title holders
of property located at 1122-1 136 Dubuque Street, which property is more particularly
described as follows:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST
QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST
OF THE FIFTH PRINCIPAL MERIDIAN; THENCE N 86°52'00" W, (A
RECORDED BEARING) IN PART OF GOVERNMENT LOTS 3 AND 4,
AS RECORDED IN PLAT BOOK 5, AT PAGE 39, OF THE RECORDS
OF THE JOHNSON COUNTY RECORDER'S OFFICE, 80.00 FEET TO
THE POINT OF BEGINNING; THENCE S 3°08'00" W, 255.10 FEET, TO
A POINT ON THE NORTHWESTERLY LOT LINE OF LOT 10, FOREST
GLEN OF SHERWOOD FOREST SUBDIVISION OF IOWA CITY, IOWA,
AS RECORDED IN PLAT BOOK 6, PAGE 17 OF THE RECORDS OF
THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S
50"47'34" W, ALONG SAID NORTHWESTERLY LOT LINE, 55.98 FEET,
TO THE WESTERLY CORNER OF SAID LOT 10; THENCE S 4000'00"
E. ALONG THE WESTERLY LINE OF SAID LOT 10, AND LOT 9 211.88
FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 9, WHICH
CORNER IS ON THE NORTHERLY LINE OF THE MAYFLOWER PRO-
PERTY SURVEY, RECORDED IN PLAT BOOK 23, AT PAGE 45, OF
THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE;
THENCE N 77°47'00" W, 90.22 FEET, ALONG SAID NORTHERLY
LINE; THENCE N 8°52'22" W, 42.43 FEET, ALONG SAID NORTHERLY
LINE; THENCE N 16"15'38" E, 81.13 FEET, ALONG SAID NORTHERLY
LINE THENCE N 83"56'22" W, 70.00 FEET, ALONG SAID NORTHERLY
LINE, TO THE EASTERLY RIGHT-OF-WAY LINE OF DUBUQUE
STREET (FORMERLY HIGHWAY ¢¢218); THENCE NORTHWESTERLY
389.62 FEET ALONG SAID EASTERLY RIGHT-OF-WAY LINE, ON A
510.5 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY WHOSE
380.23 FOOT CHORD BEARS N 13°17'29" W, TO A 5/8-INCH IRON
PIN; THENCE S 86°52'00" E, 5.64 FEET; THENCE N 26°20'00" W, 5.00
FEET; THENCE N 59"42'37" E, 130.00 FEET; THENCE S 20°57'15" E,
83.20 FEET; THENCE S 86°52'00" E, 126.34 FEET TO THE POINT OF
BEGINNING. SAID TRACT CONTAINS 1.909 ACRES MORE OR LESS
AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
Owner acknowledges that the City wishes to ensure that grading of this property is done
in such a manner that further erosion, property damage, and threats to safety are mini-
mized.
In consideration of the City's rezoning of the subject property from RM-20 and RS~5 to
OSA~20 and OSA-5, Sensitive Areas Overlay, Owner agrees that development and use
of subject property will conform to all requirements of the RM-20 and RS-5 zone as well
as to the following conditions:
ao
The Applicant shall retain Terracon Consultants to provide testing, observation
and quality control services during excavation, grading, foundation, and construc-
tion phases of the project.
That the Applicant promptly notify the City of any site conditions discovered
during implementation of the plan that would require substantial modification of
the plan.
Oo
That drainage be designed and constructed such that storm water will not be
discharged onto Dubuque Street.
The Owner and Applicant acknowledge that the conditions contained herein are reason-
able conditions to impose on the land and under Iowa Code §414.5 (1997), and that
said conditions satisfy public needs which are directly caused by the requested zoning
change.
o
The Owner and Applicant acknowledge that in the event the subject property is trans-
ferred, sold, mdeveloped, or subdivided, all development and redevelopment will
conform with the terms of this Conditional Zoning Agreement.
The Parties acknowledge that this Conditional Zoning 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 running with the title to the land unless or until released
of record by the City. The Parties further acknowledge that this Agreement shall inure
to the benefit of and bind all successors, representatives, and assigns of the Parties.
Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement
shall be construed to relieve the Owner or Applicant from complying with all applicable
local, state, and federal regulations.
Dated
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 the Owners' expense.
this ~ day of {~)cJ~:,J~ ~~ , 1997.
OWNER
CITY OF IOWA CITY
Bruce Glasgow
es Glasgo~
Na~emi J.~ovi~:k, Mayor
Attest:
City Clerk
Approved by: i~/~
3
STATE OF IOWA )
) SS:
)
On this C:~-~day of ~r'~.~L,L_ , 1997, before me, the undersigned, a Notary Public
in and for said County, in said State, personally appeared Bruce Glasgow, to me known to be
the identical person named in and who executed the within and foregoing instrument, and
acklowledged that he executed the same as hi~ voluntary act and deed.
"":>~:'~'. AIRSTEN'H, FREY _ N0~tary Public in' and f~)r theftate of Io'"wa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~--')'~ day of ?~(?[L'Fr~t-'w.~. ,1997, before me, the undersigned, a Notary Public
in and for said County, in said State, personally appeared James Glasgow, to me known to be
the identical person named in and who executed the within and foregoing instrument, and
acknowledged that he executed the same as his voluntary act and deed.
mRSTEN H. FREY
· · MY COMMISSION EXPII~.I~
, '"'~l~~ July 12, 19~:J8
Public in and for f Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~'f~- day of~p~'-L_~c~L"'X.~..~ ,1997, before me, the undersigned, a Notary Public
in and for said County, in said State, personally appeared John D. Cruise, to me known to be
the identical person named in and who executed the within and foregoing instrument, and
acknowledged that he executed the same as his voluntary act and deed.
~CO~Ss~O~XP~RES ary Pubhc ~n and tate of Iowa
~o~.~ KIRSTEH H, FREY
j~ty 12,1998
4
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Madan
K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, by authority of its City Council, as contained
in (Ordinance) (r~coolution).No. ~?-..g~'O~passed by the City Council, on the 7 ,'4 day of
'~c_--f'c, ~," ,19 ~q , and that Naomi J. Novick and Madan K. Karr acknowledged the
execution of the instrument to be their voluntary act and deed and the voluntary act and deed
of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
ppdadm~n~gt~dubuque.wp5
5
Prepared by: Doug Ripley, Traffic Engineering Planner, 410 E. Washington Street, Iowa City, IA 52240;
319-356-5252
ORDINANCE NO. 97-3810
AN ORDINANCE AMENDING TITLE 9,
ENTITLED "MOTOR VEHICLES AND TRAFFIC,"
CHAPTER 1, ENTITLED "DEFINITIONS,
ADMINISTRATION AND ENFORCEMENT OF
TRAFFIC REVISIONS," SECTION 9, ENTITLED
"ACCIDENTS," BY REPEALING PARAGRAPH
A, ENTITLED "REPORT OF ACCIDENT;
INABILITY TO REPORT."
WHEREAS, the City Code requires drivers and
owners of vehicles involved in traffic accidents
to file copies of the same reports required by
the State Department of Transportation with
the Iowa City Police Department; and
WHEREAS, the Police Department now has
available more accurate information for traffic
data purposes.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Title 9, entitled
"Motor Vehicles and Traffic," Chapter 1,
entitled "Definitions, Administration and
Enforcement of Traffic Provisions," Section 9,
entitled "Accidents" is hereby amended by
repealing paragraph A, entitled "Report of
Accident; Inability to Report."
SECTION 11. 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.
Ordinance No. 97-3810
Page 2
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 7th day of
October' ,19 97 ·
MAYOR ~
ATTEST:
CITY CLERK
Appj:gved b~. .
It was moved by Kubb.v and seconded by
as read be adopted, and upon roll call there were:
Thornberry
AYES: NAYS: ABSENT:
X Baker
X Kubby
X Lehman
X Norton
X Novick
X Thornberry
X Vanderhoef
thatthe O~inance
jccogtp\ord/crash.doc
First Consideration 9/9/97
Voteforpassage:AYES: Ihornberry, Vanderhoet, Baker,
Lehman, Norton, Novick. NAYS: None. ABSENT: None.
Second Considemtion 9/23/97
Vote forpassage: AYES: Kubby,
Vanderhoef, Baker. NAYS: None.
Date published 10/15/97
Lehman, Norton, Novick,
ABSENT: None.
Kubby,
Thornberry,