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HomeMy WebLinkAbout1996-03-05 OrdinanceContact Person: Charlie Denney, Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 96-3719 AN ORDINANCE AMENDING TITLE 14., CHAP- TER 6, ENTITLED "ZONING," ARTICLE K, ENTITLED "ENVIRONMENTAL REGULATIONS," SECTION 1, ENTITLED "SENSITIVE AREAS ORDINANCE," SUBSECTION I, ENTITLED "STEEP SLOPES," TO ALLOW DEVELOPMENT ACTIVITIES UNDER CERTAIN CONDITIONS ON PROTECTED SLOPES THAT HAVE BEEN PREVI- OUSLY ALTERED. WHEREAS, the Steep Slopes Section of the Sensitive Areas Ordinance is intended to pro- tect the public from injury and property damage due to flooding, erosion and other natural hazards while preserving the scenic character and environmental benefits of steep slopes; and WHEREAS, the Sensitive Areas Ordinance currently prohibits all development activities upon slopes exceeding a grade of 40%, defined as protected slopes; and WHEREAS, development activities within protected slopes which have been previously altered by human activity can be designed to protect the public from injury and property demage while preserving the scenic character and environmental benefits of such slopes; and WHEREAS, the Planning and Zoning Commis- sion has reviewed the amendment to the Sensi- tive Areas Ordinance Steep Slopes Section regarding the limited allowance of development activities on protected slopes previously altered by human activity, and has recommended approval of the amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION h APPROVAL. Chapter 6, entitled "Zoning Chapter," Article K, entitled "Environ- mental Regulations," Section 1, entitled "Sensi- tive Areas Ordinance," is hereby amended as follows: a. Subsection B, entitled "Definitions," is here- by amended by adding a definition of "SLOPE, ALTERED PROTECTED" as follows: SLOPE, ALTERED PROTECTED: Any slope of 40% or steeper created by human activity such as cutting or filling, which activity has occurred prior to December 13, 1995 and Ordinance No. 96-3719 Page 2 which slope is not otherwise approved by the City. b. Subsection I, entitled "Steep Slopes," Sub- section 2c, entitled "Regulations, Protected Slopes," is hereby amended as follows: c. Protected Slopes - Any ares designated as a natural protected slope (40% +) shall not be graded and must remain in its existing state, except that natural vegetation may be supplemented by other plant material. Any such property shall be required to submit a Sensitive Areas Development Plan and a Grading Plan, unless said property qualifies for an exemption within this Section. De- velopment activities may be allowed within areas containing protected slopes previously altered by human activity if a geologist or professional engineer can demonstrate to the City's satisfaction that development activiW will not undermine the stability of the slope, and the City further determines the development activities are consistent with the intent of the Sensitive Areas Ordi- nance. SECTION I]. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION I11, 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 and publication, as provided by law. Passed and approved this 5th day of March ,19 96 · MAYOR ATTEST; CiTY CLERK Approved ~C~ty Attorney's Office~m-._~-,~ Ordlnsnae No. 96-3719 Page 3 It was moved by Thornberry and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Nnrtnn that the First Consideration 2/27/96 Vote forpassage:AYES: Baker, Lehman, Norton, NovJck, Thornberry, Vanderhoef. NAYS: Kubby. ABSENT: None. Second Consideration Vote for passage: Date published 3/13/96 Moved by Thornberry, seconded by Kubby, that the rule requiring Ordinances to be considered and voted on for passage at two Council meeting~ 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: Baker, Kubby, Norton, Novick, Thornberry, Vanderhoef. NAYS: None. ABSENT: Lehman. Contact Person: Charlie Denney, Planner, 410 E. Washington St., Iowa Ciw, IA 52240; 319-356-5247 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, CHAP- TER 6. ENTITLED "ZONING." ARTICLE K, ENTITLED "ENVIRONMENTAL REGULATIONS," SECTION 1, ENTITLED "SENSITIVE AREAS ORDINANCE," SUBSECTION I. ENTITLED "STEEP SLOPES." TO ALLOW DEVELOPMENT ACTIVITIES UNDER CERTAIN CONDITIONS ON PROTECTED SLOPES THAT HAVE BEEN PREVI- OUSI WH tect due to hazards enc lEAS, the Steep Slopes Section of the Areas Ordinance is intended to pro- Jblic from injury and property damage erosion and other natural le preserving the as I; S, previously slopes can be from injury and ing the scenic benefits of sucl WHEREAS altered manner Sensift W :he Sensitive Areas all developmet and defined within protected protect the public damage while preserv- and environmental within previously slopes an take place in a consistent the intent of the ; the Planni~ CornIls- ~as reviewed the Sensi- Areas Ordinance Steep Section the limited allowance of '~l~velopment activities on previously altered proteOt,ed slopes and has recommended approval of the amen- dment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Chapter 6, entitled "Zoning Chapter," Article K, entitled "Environ- mental Regulations," Section 1, entitled "Sensi- tive Areas Ordinance," is hereby amended as follows: a. Subsection B, entitled "Definitions," is here- by amended by adding a definition of "SLOPE, ALTERED PROTECTED" as follows: Ordinance No. Page 2 SLOPE, ALTERED PROTECTED: Any slope of 40% or steeper created by cutting or filling activities prior to December 13, 1995, and which is not otherwise approved by the City. b. Subsection I, entitled "Steep Slopes," Sub- section 2c, entitled "Regulations, Protected Slopes," is hereby amended as follows: c. Protected Slopes - Any a natural protected slope (40% +) sh, be graded and must remain in its state, except may be supplemented by other plant Any such properW shall be requin submit a Sensitive Areas Developm Plan and a Grading Plan, unless said qualifies )r an exemption Section. De- activities m~ be allowed within ; containing or engineer can of the City will not under- slope and the City Ihe development activities the Intent of the Sensl- ice. ~, All ordinances and in nflict with the provi- that mine the determines are five Areas SECTION II. parts sions ~ Ordinance hereby repealed. SECTION/Ill. If any section, provisio/h or part of the .ca shall be ad- judge(yto be invalid or 11{,utional, such adjuc)fcation shall not affect the v~ity of the Ord)hance as a whole or any section,"l~vision or, art thereof not adjudged invalid or unc~P4t%i- t~tional. /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 day of / ,19 . MAYOR ATTEST: CITY CLERK Contact Person: Charles Denney, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 96-3720 AN ORDINANCE AMENDING THE ZONING CHAPTER BY APPROVING A SENSITIVE AR- EAS DEVELOPMENT PLAN AND CHANGING THE USE REGULATIONS FROM PRM, PLANNED HIGH DENSITY MULTI-FAMILY RESIDENTIAL TO PRNI-SA, PLANNED HIGH DENSITY MULTI-FAMILY RESIDENTIAL-SENSI- TIVE AREAS OVERLAY, FOR A 0.32 ACRE PROPERTY LOCATED AT 517 S. LINN STREET WHEREAS, The applicant has requested a zone change from PRM, Planned High Density Multi-Family Residential, to PRM-SA, Planned High Density Multi-Family Residential - Sensi- tive Areas Overlay, over property located at 517 S. Linn Street, and has also requested approval of a Sensitive Areas Development Plan on the same property; and WHEREAS, the applicant has proposed development activities within an altered pro- tected slope; and WHEREAS, the applicant's engineer has dem- onstrated that the proposed development activities can be constructed without undermin- ing the stability of the altered protected slope; and WHEREAS, the City and Planning and Zoning Commission have determined that the proposed development activities within the altered pro- tected slope are consistent with the intent of the Sensitive Areas Ordinance; and WHEREAS, The Planning and Zoning Com- mission has reviewed the application for the Sensitive Areas rezoning and the Sensitive Areas Development Plan, and recommended approval of both. NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. 1. The property described below is hereby reclassified from Its present classification of PRM, Planned High Density Multi-Family Residential Zone, to PRM~SA, Planned High Density Multi-Family Residential - Sensitive Areas Overlay Zone: Ordinance No. 96-3720 Page 2 The north forty (40) feet of Lot Three (3), in Block Nine (9), in that part of Iowa City, Iowa known as the County Seat of Johnson County, according to the recorded plat thereof. And also: The south 54 feet of Lot 2 in Block 9 in that part of Iowa City, Iowa known as the County Seat of Johnson County, Iowa according to the plat thereof recorded in Book 1, Page 253, Plat Records of Johnson County, Iowa, 2, The Sensitive Areas Development Plan for the property described above, also known as 517 S. Linn Street is hereby approved. SECTION II. VARIATIONS. The regulations of the Sensitive Areas Ordinance permit flexibility in the development of structures and land where such variations from the conventional requirements of the underlying zone will not be contrary to the purpose and intent of the Zoning Ordinance, not be inconsistent with the Comprehensive Plan, nor be harmful to the neighborhood in which located. A reduction of the yard requirements from nine (9) feet to four {4) feet Is consistent with these standards and is hereby approved as part of the Sensitive Areas Development Plan. SECTION 111. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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. Ordinance No. 96-3720 Page 3 SECTION V, EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 5th day of March ,19 96 MAYOR / [/ ~ , . , ATTEST: ~;~e'.~.~.~ ~ ~'~) CITY CL~ERK iity A~ rn~ Ordlnanoe No. 96-3720 Page 4 It was moved by Vanderhoef and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X .X X Baker Kubby X Lehman Norton Novick Thombemy . Vanderhoef Norton that the First Consideration 2/27/96 Vote for passage: AYES: Lehman, Norton, Baker. NAYS: Kubby. ABSENT: None. Novick, Thornberry, Vanderho~ Second Consideration Vote for passage: Date published 3/13/96 Moved by Vanderhoef, seconded by Thornberry, that the rule requiring ordi] ances to beconsidered 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: Novick, Norton, Thornberry, Vanderhoef, Baker, Kubby. NAYS: None. ABSENT: Lehman.