HomeMy WebLinkAbout2004-07-06 Ordinance
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Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City,IA 52240: 319-356-5247 (REZ04-00007)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 35.05 ACRES FROM RESEARCH DEVELOPMENT PARK
ZONE, RDP, TO OFFICE COMMERCIAL ZONE, CO-1, SUBJECT TO CONDITIONS, FOR PROPERTY ALONG
THE EASTERN PORTION OF NORTHGATE DRIVE IN NORTHGATE CORPORATE PARK
WHEREAS, Southgate Development has applied for a rezoning of approximately 35.05 acres of Northgate
Corporate Park, specifically property on either side of Northgate Drive, from Research Development Park zone, RDP,
to Office Commercial zone, CO-1 ; and
WHEREAS, the Comprehensive Plan identifies this area as appropriate for Office Park development; and
WHEREAS, the property was rezoned from CO-1 to RDP in 1989 in order to attract light manufacturing and
medical research-related firms, but these types of businesses have not been locating in Northgate Corporate Park;
and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended
approval subject to conditions; and
WHEREAS, the conditions recommended by the Commission, specifically a minimum one-acre lot size and
preservation of a 70-foot wide landscaped parkway easement along one side of Northgate Drive, are to ensure the
office park appearance of the property is maintained and to minimize the potential for small neighborhood offices to
relocate there, in order to preserve the office park for higher generating business.
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 Agreement attached
hereto and incorporated herein, the property described below is hereby reclassified from Research Development Park
zone, RDP, to Office Commercial zone, CO-1:
Lots 5, 6, 7, 15, 16 and 17 of Highlander First Addition; and all of Highlander Third Addition as recorded at the
Office of the County Recorder of Johnson County, Iowa.
The property described below is hereby reclassified from Research Development Park, RDP, to Office
Commercial Zone, CO-1 , without being subject to a Conditional Zoning Agreement:
Lot 4A of Highlander Second Addition, also known as Auditor's Parcel #95082.
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 finai passage, approval and publication of this
ordinance as provided by law.
SECTION 111. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance,
the Mayor is hereby authorized and directed to sign and the City Clerk to attest the Conditional Zoning Agreement
between the property owners, the applicant, and the City of Iowa City. Lot 4A of Highlander Second Addition is not
subject to the Conditional Zoning Agreement.
SECTION IV. CERTIFICATION AND RECORDING. Upon certification and recording upon passage and
approval of the 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 and to record the
same at the Office of the County Recorder of Johnson County, Iowa at the owner's expense, all 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.
P and approved this day of ,20_.
MAYOR
ATTEST: '~~_..../~ ~
CITY CL K
Appro ed by -
lJJ(/"1"
ppdadmlordlREZ04-00007.doc
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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
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration ------------
Vote for passage:
Second Consideration 7/6/04
Vote for passage: AYES: Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Ell iott. NAYS: None. ABSENT: None.
Date published
Moved by Vanderhoef, seconded by O'Donnell, 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 first consideration and vote be waived and the ordinance be
given second consideration at this time. AYES: Elliott, Lehman, O'Donnell, Vanderhoef,
Wilburn, Bailey, Champion. NAYS: None. ABSENT: None.
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Prepared by: John Yapp, PCD, 410 E. Washington 51., Iowa City, IA 52240 (319) 356-5247 (REl04-00007)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Hartwig OMS Holdings, L.L.C., Liberty Growth II, L.C., Preucil School of
Music, Southgate B P Property, L.L.C., and Northgate One, L.L.C., (hereinafter "Owners"), and
Southgate Development Company, Inc. (hereinafter "Applicant"); and
WHEREAS, Owners and Applicant are the legal titleholders of approximately 35.05 acres of
property located on the along approximately the eastern half of Northgate Drive, more
specifically described below; and
WHEREAS, the Applicant has requested the rezoning of said property from Research
Development Park zone (RDP) to Office Commercial zone (CO-1); and
WHEREAS, the Planning and Zoning Commission has determined that, with preserving the
minimum 1-acre lot size and the 70 foot-wide landscaped parkway easement already in place
along Northgate Drive, the rezoning to Office Commercial for these properties is appropriate;
and
WHEREAS, Iowa Code §414.5 (2003) 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, the Owners and Applicant acknowledge that certain conditions and restrictions are
reasonable to maintain the existing Office Park appearance of Northgate Corporate Park, and to
ensure appropriate-sized businesses for a highway-oriented Office Park; and
WHEREAS, Owners and Applicant agree to use this property in accordance with the terms and
conditions of a conditional zoning agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Hartwig OMS Holdings, L.L.C., Liberty Growth II, L.C., Preucil School of Music,
Southgate B P Property, L.L.C." and Northgate One, L.L.C. are the legal title holders
and Southgate Development Company, Inc. is the applicant for a rezoning of the
property described as follows:
Lots 5, 6, 7, 15, 16, and 17 of Highlander First Addition; and all of Highlander Third
Addition, as recorded at the Office of the County Recorder of Johnson County, Iowa.
2. Owners and Applicant acknowledge that the City wishes to preserve the appearance of
Northgate Corporate Park as a highway-oriented Office Park. Further, the parties
acknowledge that Iowa Code §414.5 (2003) provides that the City of Iowa City may
impose reasonable conditions on granting an applicant's rezoning request, over and
above the existing regulations, in order to satisfy public needs caused by the requested
change. Therefore Owners and Applicant agree to certain conditions over and above
City regulations as detailed below.
ppdadmtagUcza-rez04-00007.doc 1
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3. In consideration of the City's rezoning the subject property, Owners and Applicant agree
that development of the property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. If the property is resubdivided in the future, there shall be a minimum 1-acre lot area
requirement.
b. The 70 foot-wide landscaped parkway and wide sidewalk easement, as depicted and
described on the subdivisions Highlander First Addition, Highlander Second Addition,
and Highlander Third Addition, as recorded in the Office of the Recorder of Johnson
County, Iowa, will remain in place.
c. The Owners, Applicant and City acknowledge that the conditions contained herein
are reasonable conditions to impose on the land under Iowa Code §414.5 (2003),
and that said conditions satisfy public needs that are caused by the requested zoning
change.
d. The Owners, Applicant and City acknowledge that in the event the property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the
terms of this conditional zoning agreement.
e. 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 with title to the land unless or until release 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.
f. Applicant acknowledges that nothing in this conditional zoning agreement shall be
construed to relieve the Owners or Applicant from complying with all other applicable
local, state, and federal regulations.
g. 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 Applicant's expense.
Dated this k day of~, 2004.
&WACITY ¿: SOUTHGATE DEVELOPMENT CO., INC.
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rnest Lehman, Mayor Myle3 N. BraVCnl1aR, rre3ide~ j
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Allest: S
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Ma . n K. Karr, City Clerk
ppdadmlagtfcza-rez04-QOOO7.doc 2
Approved by: LlBF GROWT
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Àllorney' 0 Ice I Ie.
V ~ tJ4-
PREUCIL SCHOOL OF MUSIC
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-Sonj Zeit mel '
SOUTHGATE B P PROPERTY, L.L.C.
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MJ~::L.J1=:idiÃ~~s.:JeJ
NORTHGATE ONE, L.L.C.
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Myles ¡¡ra"~rm"n pr"¡¡id~
Jëi.-'t!:$Þ- L. J#{ÐWfJW, ¡I,'~,,- ~j
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of . , A.D. 20_, before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Emest W. Lehman
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 said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that 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
My commission expires:
ppdadm'agUcza-rez04-úOOO7.doc 3
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SOUTHGATE DEVELOPMENT COMPANY, INC. ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ~ day of ~ u N EO , 20-ºi, b~ore ~~¡¿he ~dersigned, a Notary Public in
and for the State of Iowa, personally appeared M)leswtF6'1eF~, to me personally known, who
being by me duly swom, did say thal$1e is the ç.rcW of the corporation executing the within
and foregoing instrument to which this is allactiè'á, lia tiit corporation has no seal; that said
instr~ent ~~~ned and on behalf of the corporation by authority of its Board of Directors; and
that Ãoš'1-. FaverFflan as officer acknowledged the execution of the foregoing instrument to the
voluntary act and deed of the corporation, by it and byflim voluntarily executed.
he..-
~U \A~ ./
Notary Public in and for the State of Iowa
My commission expires:
SHARI WELDON
Commission Number 183878
My Commission !'xPfrøa
\ .
HARTWIG OMS HOLDINGS, L.L.C. ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
)
, A.D. 20a" before me, the undersigned, a Notary
of Iowa, personally appea ed Andrew C. Hartwig, to me personally
by me duly swom, did say that the person is
I (title) of Hartwig OMS Holdings, L.L.C., and that said
instrument was signed on b al of the said limited liability company by authority of its managers
and the said Andrew C. H rtwig acknowledged the execution of said instrument to be the
voluntary act and deed of said limited liability company by it voluntarily ex cuted.
Not Public in and or the State of Iowa
My commission expires:
ppdadmlagtfcza-rez04-00007.doc 4
LIBERTY GROWTH II, L.C. ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ß; h day of .J\..Uîe, , A.D. 20~, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Jerome Full, to me personally known,
who being by me duly sworn, did say that the person is a member of Liberty Growth II, L.C., and
that said instrument was signed on behalf of the said limited liability company by authority of its
managers and the said Jerome Full acknowledged the execution of said instrument to be the
voluntary act and deed of said limited liability company by it voluntarily executed.
:6ha AJ \ ^-J ,Q~
~ SHARI VvELDON N p" df h S fl
Commission Number 193878 otary ubhc In an or t e tate 0 owa
. . MY\<;s,~~~
() My commission expires: \ J-. , 0 . Ora
PREUCIL SCHOOL OF MUSIC ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ~ay of e- , A.D. 20M, before me, the undersigned, a Notary
Public in and for the SIa of Iowa, personally appeared Sonja Zeithamel, to me personally
Þ ing bY, me duly sworn, did say that the person is
0.. of. (title) of Preucil School of Music. and that said instrument
wassi ed on behalf of the said limited liability company by authority of its managers and the said
Sonja Zeithamel acknowledged the execution of said instrument to be the voluntary act and deed
of said limited liability company by it voluntarily executed.
~~ .J
SHARI VvELDON Notary Public in and for the State of Iowa
Commission Number 183878 My commission expires: ,~. \ D· o~
My Commission
ppdadmlagtlcza-rez04·00007.doc 5
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SOUTHGATE B P PROPERTY, L.L.C. ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ~ day of \U Ñ F , A.D. 20.,QL, b re me, he undersigned, a Notary
Public in and for the State of Iowa, personally appeared . ""'" ,~me personally
known, who being by me duly swom, did say that the person is .e"-,,. "ðf southgate B P
Property, L.L.C., and that said instrument was signed on behalf of the said limited liability
company by authority of its managers and the said 6~~lt~~owledged the execution of said
instrument to be the voluntary act and deed of sal iml eo liability company by it voluntarily
executed. 0haD
'\~)t~
Notary Public in and for the State of Iowa
My commission expires:
.:I':.' SHARI WELDON
ff Commission ~u.mber 1~3678
~ . My Çommlsslon Expires
\""10 ,c*.
NORTHGATE ONE, L.L.C. ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ltL. day of J \.) ~E , A.D. 20..a.1:....., bef~e me, the undersigned, a Notary
r'~4: ~. P\o~
Public in and for the State of Iowa, personally appeared ~ 0& ~, 10 me personally
known, who being by me duly sworn, did say that the person is .. :of Northgate One,
L.L.C., and that said instrument was ~Rn~ 0(1 I;>t;I1alf of the said limited liability company by
authority of its managers and the said P Hi ~t!tcKiíowledged the execution of said instrument to
be the voluntary act and deed of said limited liability company by it voluntarily executed.
~A~ UJøº-~
Notary Public in and for the State of Iowa
My commission expires:
SHARI v..e~DON
Commission NumÞer193878
. My Commission E>cpinII
\ ·10'0(,.
ppdadmlagVua-rel:04-Q0007.doc 6
CRP, LL.C ~
t~~
CRP, LLC ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 2.£) day of.JuJ\Jl ,A.D. 20M, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appear~~ ' to
me personally known, who being by me duly sworn, did say that the person is
rYV\r\^~ r- (title) of CRP, LLC., and that said instrument was
signed on b alf of the said limited liability company by authority of its managers
and the said Che~r 'P€'I'Y\f\~ãñd acknowledged the execution of said
instrument to be the voluntary ac and deed of said limited liability company by it
voluntarily executed.
W ~KRAL I ~ô ~YóO
~. L'" Numlllr7U714 _
. . ~~C4m. 'I~~t otary P blic in and for the State of Iowa
My commission expires: Ju..nL U. ~D()4>
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Prepared by: John Yapp, PCD, 410 E. Washington 51., iowa City, IA 52240 (319) 356-5247 (REZ04-00007)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Hartwig OMS Holdings, L.L.C., Liberty Grow1h II, L.C., Preucil School of
Music, Southgate B P Property, L.L.C., and Northgate One, L.L.C., (hereinafter "Owners"), and
Southgate Development Company, Inc. (hereinafter "Applicant"); and
WHEREAS, Owners a~ Applicant are the legal titleholders of approximately 35.05 acres of
property located on the;:long approximately the eastern If of Northgate Drive, more
specifically described belo ; and
WHEREAS, the Applicant has requested the rezoning said property from Research
Development Park zone (RDP)\~ Office Commercial zone ( -1); and
WHEREAS, the Planning and Z'Qning Commission has etermined that, with preserving the
minimum 1-acre lot size and the 70 foot-wide landscap parkway easement already in place
along Northgate Drive, the rezoning, to Office Comme ial for these properties is appropriate;
a~ \
\
"
WHEREAS, Iowa Code §414.5 (2003)..provides that the City of Iowa City may impose
reasonable conditions 'on granting an ap~nt's rezoning request, over and above existing
regulations, in order to satisfy public needs use by the requested change; and
WHEREAS, the Owners and Applicant acknow dge that certain conditions and restrictions are
reasonable to maintain the existing Office Par a earance of Northgate Corporate Park, and to
ensure appropriate-sized businesses for a hi wa riented Office Park; and
WHEREAS, Owners and Applicant agree t use this operty in accordance with the terms and
conditions of a conditional zoning agreem t.
NOW, THEREFORE, in consideration f the mutual pro ises contained herein, the parties
agree as follows:
1. Hartwig OMS Holdings, L. .C., Liberty Grow1h II, I:! C., Preucil School of Music,
Southgate B P Property, .C." and Northgate One, L. .C. are the legal title holders
and Southgate Develop ent Company, Inc. is the appIJ ant for a rezoning of the
property described as fo ows:
Lots 5, 6, 7, 15, 16, nd 17 of Highlander First Addition; an all of Highlander Third
Addition, as recorde at the Office of the County Recorder of Joh on County, Iowa.
2. Owners and Appli ant acknowledge that the City wishes to prese the appearance of
Northgate Corp ate Park as a highway-oriented Office Park. rther, the parties
acknowledge t. t Iowa Code §414.5 (2003) provides that the City of Iowa City may
impose reasonable conditions on granting an applicant's rezoning request, over and
above the existing regulations, in order to satisfy public needs caused by the requested
change. Therefore Owners and Applicant agree to certain conditions over and above
City regulations as detailed below.
ppdadrTllagVcza-rez04-00007.doc 1
3. In consideration of the City's rezoning the subject property, Owners and Applicant agree
that development of the property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. If the property is resubdivided in the future, there shall be a minimum 1-acre lot area
requirement.
b. The 70 foot-wide landscaped parkway and wide sidewal easement, as depicted and
described on the subdivisions Highlander First Addition, ighlander Second Addition,
and Highlander Third Addition, as recorded in the Offic of the Recorder of Johnson
County, Iowa, will rernain in place.
c. The Owners, Applicant and City acknowledge that e conditions contained herein
are reasonaD conditions to impose on the land nder Iowa Code §414.5 (2003),
and that said co ditions satisfy public needs that a e caused by the requested zoning
change.
d. The Owners, Applica t and City acknowled that in the event the property is
transferred, sold, redev ped, or subdivided, II redevelopment will conform with the
terms of this conditional z ing agreement.
e. The Parties acknowledge tha his conditi al zoning agreement shall be deemed to
be a covenant running with the nd and ith title to the land, and shall remain in full
force and effect as a covenant w till to the land unless or until release of record
by the City of Iowa City.
The parties further acknowledge tha t is agreement shall inure to the benefit of and
bind all successors, representative ,an assigns of the parties.
f. Applicant acknowledges that no ing in th conditional zoning agreement shall be
construed to relieve the Owners r Applicant"\rom complying with all other applicable
local, state, and federal regulati ns. \
\
g. The parties agree that this nditional zoning agreement shall be incorporated by
reference into the ordinan rezoning the subject \¡roperty, and that upon adoption
and publication of the ord' ance, this agreement s~1I be recorded in the Johnson
County Recorder's Office t the Applicant's expense.
Dated this
CITY OF IOWA CITY SOUTHGATE DEVELOPMENT CO., INC.
Ernest Lehman, Mayor Myles N. Braverman, Pre'Sident
\
\
Attest: HARTWIG OMS HOLDINGS
Marian K. Karr, City Clerk Andrew C. Hartwig
ppdadmtagVcza-rez04-00007.doc 2
Approved by: LIBERTY GROWTH II, L.C.
lfIø/þr- ~ Jerome Full
Ãllorney' Office I Ii.
V~ ~+
PREUCIL SCHO L OF MUSIC
s Braverman, President
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.p. 20 , before me, the
undersigned, a notary public in an for the State of Iowa, personally appeared Ernest W. Lehman
and Marian K. Karr, to me perso ally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, res ctively, of said municipal corporation. executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said n1\Jnicipal corporation; that
said instrument was signed d sealed on behalf of said municipal corpòçation by authority of its
City Council; and that the aid Mayor and City Clerk as such officers à¡:knowledged that the
execution of said instrum nt to be the voluntary act and deed of said corPfration, by it and by
them voluntarily execute . \
\
Notary Public in and for the State d,lowa
My commission expires:
ppdadmlagVcza-rez04-00007.doc 3
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SOUTHGATE DEVELOPMENT COMPANY, INC. ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this _ day of , 20_, before me, he undersigned, a Notary Public in
and for the State of Iowa, personally appeared Myles N. Brav rman, to me personally known, who
being by me duly sworn, did say that he is the President of. the corporation executing the within
and foregoing instrument to which this is attached, that t corporation has no seal; that said
instrument was signed and on behalf of the corporation by uthority of its Board of Directors; and
that Myles N. Braverman as officer acknowledged the exe tion of the foregoing instrument to the
voluntary act and deed of the rporation, by it and by him oluntarilyexecuted.
Notary P lic in and for the State of Iowa
HARTWIG OMS HOLDI NOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this _ day of , A.D. 20_, before e, the undersigned, a Notary
Public in and for the State of low personally appeared Andrew . Hartwig, to me personally
known, who being by duly sworn, did say that the person is
(title) of Hartwig OMS Holdi s, L.L.C., and that said
instrument was signed on behalf of the said limited liability company b uthority of its managers
and the said Andrew C. Ha ig acknowledged the execution of sal instrument to be the
vOluntary act and deed of said mited liability company by it voluntarily exe ted.
'-
Notary Public in and for the State'~ Iowa
-,
My commission expires:
ppdadmlagVcza-rez04-00007.doc 4
LIBERTY GROWTH II, L.C. ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this _ day of ,A.D. 20_, before me, e undersigned, a Notary
Public in and for the State of Iowa, personally appeared Jerome Full to me personally known,
who being by me duly sworn, did say that the person is a member of iberty Growth II, L.C., and
that said instrument was signed on behalf of the said limited liability mpany by authority of its
managers and the said Jerome F II acknowledged the execution f said instrument to be the
voluntary act and deed of said limite liability company by it voluntar' executed.
Notary Public in an for the State of Iowa
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this _ day of , .D. 20_, before , the undersigned, a Notary
Public in and for the State of Iowa, pers nally appeared Sonja ithamel, to me personally
known, who being by me d y sworn, did say that the person is
tie) of Preucil School of Musi and that said instrument
was signed on behalf of the said limited lability company by authority of i managers and the said
Sonja Zeithamel acknowledged the e cution of said instrument to be the voluntary act and deed
of said limited liability company by it luntarilyexecuted.
Notary Public in and for the State of Iowa
My commission expires:
ppdadmfagVcza-rez04-00007.doc 5
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SOUTHGATE B P PROPERTY, L.L.C. ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this _ day of , A.D. 20_, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Myles Braverman, to me personally
known, who being by me duly sworn, did say that the person is President of Southgate B P
Property, L.L.C., and that said instrument was signed on behalf of the said limited liability
company by authority of its managers and the said President acknowledged the execution of said
instrument to be the voluntary act and deed of said limited liability co any by it voluntarily
executed.
Notary Public in and for t
NORTHGATE ONE, L.L.C.
STATE OF IOWA ) \
) ss: \
\
JOHNSON COUNTY ) \
On this _ day of , A.D. 20_, b~ me, the undersigned, a Notary
Public in and for the State of Iowa, p, rsonally appeared les Braverman, to me personally
known, who being by me duly swor , did say that the pers is President of Northgate One,
LLC., 00' Ih,1 ,," I'<lrumon! w , ,190" 00 "'h,' of ~'~" IImllo' ""'"iIy ~pooy by
authority of its managers and the id President acknowledged th execution of said instrument to
be the voluntary act and deed of aid limited liability company by it oluntarilyexecuted.
,
Notary Public in and for the State of Iowa
My commission expires:
ppdadm'agUcza-rez04-00007.doc 6
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IOW!\ CITY, IOWA
June 16,2004
Honorable Mayor Ernie Lehman
City ofIowa City SouthGate Development
410 East Washington Street 755 Mormon Trek .Blvd
PO Box 1907
Iowa City, Iowa iowu Ciry Iowa ~'Œ2~J
Mayor Lehman: Phone: 1319) 339-9320
Fox IJ191339-1701
This letter is a fonnal request for the Iowa City Council to expedite consideration of
REZ04-00007, rezoning of North gate Park trom RDP to CO-I.
As you are aware Council directed the staff to redraft the original Conditional Zoning
Agreement. Following the request Southgate needed to obtain new signatures and
experienced some delays because certain signatores were out of town. Further delays
may be experienced because of the summer Council schedule. The expected time
frame for approval of the rezoning request without expedition would be August 31,
2004. Hopefully the Council will look favorably upon our request to expedite this
matter.
Please have your staff infonn us of any additional correspondence that you might
require.
Sincerely
~t~
Glenn R. Siders
Construction Coordinator
Cc Karin Franklin
John Beasley.
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Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240: 319-356-5247 (REZ04-00014)
ORDINANCE NO.
AN ORDINANCE APPROVING AN AMENDED PLANNED DEVELOPMENT HOUSING (OPDH-5)
PLAN FOR VILLAGE GREEN PART XX
WHEREAS, the OPDH-5 Plan for Village Green Part XX was approved in November 2001, by Ordinance
No. 01-39891, but OPDH plans are valid for only 24 months; and
WHEREAS, the Applicant, Third Street Partners, has requested the City approve an amended OPDH-5
Plan to allow a third garage stall on 7 of the 19 proposed dwelling units that were depicted on the 2001 pian;
and
WHEREAS, the remainder of the plan is the same as was approved in 2001, which includes 19 dwelling
units clustered on 6.95 acres around a pond, and an extension of Wintergreen Drive to Village Road; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed OPDH-5 Plan for Village
Green Part XX, and has recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SFCTION I APPROVAL. The OPDH-5 Plan for Village Green Part XX, a two-lot 19 dwelling unit
development is hereby approved for property described below:
Commencing at the Northeast Corner of the Northeast Quarter of Section 24, Township 79
North, Range 6 West, of the Fifth Principal Meridian; Thence S89'53'53"W, along the
North Line of said Northeast Quarter, 930.78 feet, to the Northwest Corner of Outlot "B" of
Village Green Part XVIII, in accordance with the Plat thereof Recorded in Plat Book 43, at
Page 153 of the Records of the Johnson County Recorder's Office and the Point of
Beginning; Thence S7r05'19"E, along the Northeasterly Line of said Outlot "B", 109.20
feet; Thence S56'48'24"E, along said Northeasterly Line, 107.12 feet, to the Southeast
Corner thereof, and the Northwest Corner of Village Green Part XIX, in accordance with
the Plat thereof Recorded in Plat Book 46, at Page 300, of the Records of the Johnson
County Recorder's Office; Thence S70'19'00"W, along the West Line of said Village Green
Part XIX, a distance of 139.50 feet; Thence S32'04'14"W, along said West Line, 85.00
feet; Thence S15'23'06"W, along said West Line, 217.09 feet; Thence S10'04'01"W,
along said West Line, 60.00 feet: Thence Northwesterly, 679.18 feet, along a 525.38 foot
radius curve, concave Northeasterly, whose 632.86 foot chord bears N42'53'57"W;
Thence N05'51'54"W, 6.11 feet, to a Point on the North Line of the Northeast Quarter of
said Section 24; Thence S89'57'00"W, along said North Line, 122.06 feet, to the
Southwest Corner of Outlot "B" of Village Green Part XV, in accordance with the Plat
thereof Recorded in Plat Book 38, at Page 97, of the Records of the Johnson County
Recorder's Office; Thence NOO"03'OO"W, along the West Line of said Outlot "B",. a
distance of 84,82 feet; Thence N08'58'49"E, along said West Line, 136.86 feet; Thence
N39"29'01"E, along said West Line, 112.85 feet, to the Northwest Corner thereof; Thence
Southeasterly, 519.73 feet, along the North Line of said Village Green - Part XV and the
North Line of Outlot "B" of Village Green Part XIV, in accordance with the Plat thereof
Recorded in Plat Book 37, at Page 41, of the Records of the Johnson County Recorder's
Office, on a 746.66 foot radius curve, concave Northeasterly, whose 509.31 foot chord
bears S70'27'27"E; Thence Northeasterly, 23.74 feet, along the North Line of said Outlot
"B" on a 760.00 foot radius curve, concave Northwesterly, whose 23.74 foot chord bears
N88"42'22"E, to the Northwest Corner of Lot 49 of Village Green Part XVIII, in accordance
with the Plat thereof recorded in Plat Book 43, at Page 153, of the Records of the Johnson
County Recorder's Office; Thence S02'11'20"E, along the West Line of said Lot 49, a
distance of 136.51 feet, to the Point of Beginning. Said Tract of land contains 6.95 acres,
more or less, and is subject to easements and restrictions of record.
-.". --' -. _ 0'" ^_.....,_... .W~·____"·~__·_
Ordinance No.
Page 2
SFCTION II VARIATIONS. To allow the development of 19 dwelling units on 6.95 acres clustered
around a pond, the Village Green Part XX OPDH-5 Plan varies from the RS-5 dimensional requirements.
These variations included allowing multiple dwelling units to be located on one lot; two to three dwelling units
are attached in one structure; and some dwellings are accessed from a 22-foot wide private street.
SFCTION III 70NING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and pUblication of this Ordinance by law.
SECTION IV CERTIFICATION AND RFCORDING. The City Clerk is hereby authorized and directed
to certify a copy of this ordinance and a copy of the amended OPDH Plan for this property, 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.
SFCTION V RFPFAI FR. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SFCTION VI SFVFRARIIITY 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.
SFCTION VII FFFFCTIVE DA TF This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this _ day of ,20_.
MAYOR
ATTEST:
CITY CLERK
trJ ~ ~ (?'-t
ppdadmlordlvillagegreenXX.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
Ellioll
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 7/6/04
Vote for passage: A YES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott,
Lehman. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
STAFF REPORT
To: Planning & Zoning Commission Prepared by: John Yapp
Item: REZ04-00014/SUB04-00015 Date: June 3, 2004
Village Green Part XX
GENERAL INFORMATION:
Applicant: Third Street Partners, LLC
PO Box 209
Iowa City, IA 52244
Applicant's Allorney: Mark Danielson
222 S. Linn Street
Iowa City, IA 52240
Applicant's Engineer: MMS Consultants Inc.
1917 S. Gilbert St.
Iowa City, IA 52240
351-8282
Requested Action: Amend an approved preliminary plat and
OPDH plan; Final plat approval
Purpose: A two-lot subdivision and planned
development including 19 dwelling units.
Location: North side of Wintergreen Drive west of
South Jamie Lane
Size: 5.84 acres
Existing Land Use and Zoning: Vacant; OPDH-5
Surrounding Land Use and Zoning: North: Residential; OPDH-5
South: Vacant; OPDH-5
East: Residential; OPDH-5
West: Vacant; OPDH-5
Comprehensive Plan: Residential; 2-8 dwellings per acre
File Date: May 13, 2004
45-Day Limitation Period: June 27, 2004
60-Day Limitation Period: July 12, 2004
BACKGROUND INFORMATION:
The applicant, Third Street Partners, is requesting an amended preliminary plat of Village Green
Part XX, to allow a third garage stall on 7 of the 19 dwelling units. The existing preliminary plat for
Village Green Part XX was approved in December, 2001. The applicant is also requesting a final
plat of Village Green Part XX, a two-lot subdivision.
2
ANALYSIS:
OPDH Design
The OPDH zone is established to permit flexibility in the use and design of structures and land in
situations where a conventional development may be inappropriate, where modifications of
requirements of the underlying zone are not contrary to the intent and purpose of the zoning
ordinance, inconsistent with the Comprehensive Plan, or harmful to the neighborhood in which
they are located. This portion of the Village Green Development was approved as a planned
development to allow clustered housing units all with frontage on a pond (which also collects and
conveys storm water).
The approved plan contains 19 dwelling units in clusters of two and three-unit structures, on a
5.84-acre property. Each unit includes a two-car garage. The applicant has requested an
amendment to the approved plan to allow an optional third garage stall to be constructed with up
to 7 of the 19 dwelling units. The proposed location of the third stall is shown on the plan - a note
is included on the plat that this third stall will be set back at least two feet from the other stalls; this
is to provide some articulation along the façade.
In recent proposed developments, the size and location of the garage in relation to the residential
portion of the structure has been the subject of much discussion recently. However, unlike blocks
of narrow-lot single-family lots, the Village Green housing units have longer areas of green space
between structures. For example the median inside the Lancester Place loop provides an
approximate % acre green space; and there is a 140-foot green space and view of the pond
between structures west of the Lancester Place / Wintergreen Drive intersection. These green
spaces help mitigate the effect of clustered structures and garages.
Staff finds the addition of a third garage stall on 7 of the 19 dwellings in the already-approved
Village Green Part XX plan to be a minimal change.
Preliminary and Final Plat
The applicant has submilled a preliminary and final plat of Village Green Part XX, a 2-lot, 5.84-
acre subdivision. The preliminary plat was approved in 2001, but has expired due to not being
acted on for a 24-month period. The final plat appears to be consistent with the preliminary plat.
Open space: the open space requirement have been satisfied with previous parts of Village
Green and Village Green South. No new public open space is proposed, and no fees are
required.
Storm water management: Storm water management requirements were satisfied with previous
parts of Village Green. The proposed pond is not part of a City-required storm water
management system. However, the proposed pond will improve drainage in the area by providing
an additional area for water to aerate and sediments to settle.
Lancester Place: With recent subdivisions, staff has recommended that 22-foot wide streets be
posted as No Parking. Lancester Place is a 22-foot wide loop street, a portion of which is in
Village Green Part XX. The legal papers should state this street will be posted as No Parking.
Utilities: A water main tap-on fee of $395/acre is required. A sanitary sewer tap-on fee of
$1,698.18/acre is required. These fees go toward off-setting the cost to the City to provide water
and sewer service to this and surrounding developments. These fees have already been paid for
the portion of the development north of the section line (The land north of the section line was
previously part of Village Green, for which fees have been paid).
U:Isubdivisions\village green XX.DOC
3
Legal Papers and Construction Plans: Legal papers and construction plans have been
submilled, and are under review.
STAFF RECOMMENDATION:
Staff recommends that REZ04-00014 an amended Planned Development Housing Plan of Village
Green Part XX, a 5.84 acre, two-lot, 19 dwelling unit plan located on the north side of Wintergreen
Drive west of South Jamie Lane, be approved.
Staff recommends that SUB04-00015 a preliminary and final plat of Village Green Part XX a 5.84
acre, two-lot residential subdivision, be approved, subject to approval of legal papers and
construction plans prior to Council consideration.
Approved by: ~.h,4
Rober! Miklo, Senior Planner,
Department of Planning and Community Development
ATTACHMENTS:
1. Location Map
2. Preliminary Plat and OPDH Plan
3. Final Plat
\\cilyntWapp$\Subdivisionslvillage green XX.DOC
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SITE LOCATION: Wintergreen Drive SUB04-00015
Green, Part XX, Iowa City, Iowa PlUPIIJ:PARRnÐV onr.R/sunDlV1D!:II OI'NRR'SA1TOR.ŒY
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CITY OF IOWA CITY
4 J 0 East Washington Street
June 29, 2004 Iowa City. Iowa 52240·1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
Mr. Crail Farlinger
113 E 3' Street
West Liberty, IA 52776
Re: Alley right-of-way east of 2nd Avenue and south of "A" Street
Dear Mr. Farlinger:
This will confirm that you do not wish to pursue vacation or purchase of the above-referenced
alley any further at this time. We will inform the City Council of this at the time of the public
hearing on this matter scheduled for July 6, 2004.
Please call me with any questions or concerns.
Sincerely,
~-7'
Assistant City Attorney
cc: Karin Franklin, Director, Planning & Community Development
Marian Karr, City Clerk
{V\,/- $"'h-,
\
Prepared by: Tokey Boswell, PCD, 410 E. Washington Street, Iowa City,IA 52240: 319.356.5230 (REZ 04-00010)
ORDINANCE NO. 04-4130
AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 3.72
ACRES FROM CC-2, COMMUNITY COMMERCIAL, TO P, PUBLIC, FOR PROPERTY
LOCATED SOUTH OF MALL DRIVE.
WHEREAS, the property at Mall Drive, owned by the Iowa City Community School District, is
currently zoned CC-2, Community Commercial; and
WHEREAS, Section 14-61-7B requires that land owned by a governmental entity shall be zoned P,
Public; and
WHEREAS, the Iowa City Community School District has requested the rezoning of this parcel of
property from its current zoning designation to Public (P); and
WHEREAS, the zoning classification P, Public, serves as a notice function to those owning or buying
land in proximity to publicly owned land.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The parcel described below is hereby reclassified from its current zoning
designation of CC-2, Community Commercial, to P, Public:
Lots 1 through 9, a resubdivision of Lot 5, and a portion of Lots 4 and 6 of a resubdivision of a
part of Lot 4 of Ohls Subdivision, Iowa City, Iowa in accordance with the plat thereof recorded
in Plat Book 34, page 248, of the records of the Johnson County Recorder's Office.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance as provided by law.
SECTION 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 to record the same
at the office of the County Recorder of Johnson County, Iowa, all 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.
day of July ,2004.
AYOR
ATTEST:~~.j". ~
CIT LERK
Approved by
~~ r.,(4!& 1
City Attorn y's Office
Ppdadm/ord/malldrive.doc
- ..- -....--....-.-......-.---. ---...--- --~_.__._._.._-----._--_. -_._._~---- uu
Ordinance No. 04-4130
Page ~
It was moved by Wil burn and seconded by Ba il ey that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Ellioll
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
First Consideration 6/15/04
Vote for passage: AYES; Champion, Elliott, Lehman, O'Donnell, Vanderhoef,
Wilburn, Bailey. NAYS: None. ABSENT: None.
Second Consideration ------------
Vote for passage:
Date published 7/14/04
Moved byWilburn, 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: Vanderhoef, Wilburn, Bailey, Champion, Elliott,
Lehman, O'Donnell. NAYS: None. ABSENT: None.
M¡(" S"L
Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City,IA 52240; 319-356-5243 (REZ04-00011)
ORDINANCE NO. 04-4131
AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 10 ACRES
FROM ID-RM/OHP, INTERIM DEVELOPMENT MULTIFAMILY RESIDENTIAU HISTORIC
PRESERVATION OVERLAY, TO ID-RS/OHP, INTERIM DEVELOPMENT SINGLE FAMILY
RESIDENTIAUHISTORIC PRESERVATION OVERLAY, FOR PROPERTY LOCATED AT 2460
SOUTH GILBERT STREET.
WHEREAS, the applicants, Don and Lori Cochran, has requested that said property be rezoned from
ID-RM/OHP, Interim Development Multifamily Residential/Historic Preservation Overlay, to ID-RS/OHP,
Interim Development Single Family Residential/Historic Preservation Overlay; and
WHEREAS, th~ proposed zoning change conforms with the South District Plan; and
WHEREAS, within the ID-RS zone, this property may be subdivided into two five-acre lots; and
WHEREAS, the Planning and Zoning Commission recommended approval of the proposed rezoning.
NOW, THEREFORE, BE IT ORDAINED BY THE 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 ID-RM/OHP, Interim Development Multifamily Residential/Historic Preservation Overlay,
to ID-RS/OHP, Interim Development Single Family Residential/Historic Preservation Overlay.
Beginning at the center of Section 22, Township 79N, Range 6 West of the Fifth Principal Meridian,
Johnson county, Iowa, thence west a distance of 292.7 feet to the center of Gilbert Street; thence south
28 degrees east, a distance of 622,91 feet; thence east, a distance of 645.9 feet; thence north, a distance
of 550 feet to the north line of the southeast quarter of said Section 22, thence west, a distance of 645.65
feet to the point of beginning, containing 10 acres, more or less, subject to the right-of-way of the road.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance as provided by law.
SECTION 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 to record the same at the
office of the County Recorder of Johnson County, Iowa, all 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.
P ed and approved this 6th dayof July ,2004.
ATTEST:~.,r. ~~
CIT LERK
Approved by
~ (.p/'Î(()~
ppdadmtordl2460 s gilbert.doc
- ~-
Ordinance No. 04-4131
Page ..L
It was moved by Vanc1f'rhoef and seconded by Champion that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
X Champion
X Ellioll
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
First Consideration 6/15/04
Vote for passage: NAYS: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn,
Bailey, Champion. NAYS: None. ABSENT: None.
Second Consideration ---------------
Vote for passage:
Date published 7114/04
Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be considered al
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.
$' ~"
Prepared by: Bob Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240: 319-356-5240
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING CODE, SECTION 14-6J-2, TO ALLOW CONSIDERATION OF
REDUCTION OF LOCAL PUBLIC STREETS IN PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH)
ZONES.
WHEREAS, the Planned Development Housing Overlay zone provides a mechanism for the waiver of
certain City requirements; and
WHEREAS, the City has often reduced street widths for private streets contained within planned
developments from 28 feet to 25 feet; and
WHEREAS, in some limited situations where adequate parking spaces are available the City may wish to
consider reducing public street widths from 28 feet to 26 feet; and
WHEREAS, the Planning and Zoning Commission has recommended that the Planned Development
Housing Overlay zone be amended to allow the consideration of the reduction of public street widths from 28
feet to 26 feet.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA
THAT:
SFCTION I APPROVAl. The following shall be added to Section 14-6J-2D7.f:
The City may allow for reduction of street width from 28 feet to 26 feet where it is demonstrated, to the
satisfaction of the City, that the street will carry low volumes of traffic and/or the planned development
contains alleys. The City may restrict on-street parking on such streets.
SFCTION II RFPFAI FR. All ordinances and parts of ordinances in conflict with the approved provi-
sions of this Ordinance are hereby repealed.
SFCTION III SFVFRARII ITY. 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.
SFCTION IV EFFFCTIVF rJA TF. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this _ day of ,20_.
MAYOR
ATTEST:
CITY CLERK
Approved by 6.1 ~ 1t!Jt-
~0
Cit{. orney s Ice
ppdadmlordlreduce streets.doc
____"n .__.__._··'__'n_-',__.. ._".._-------~.-.._._._,..__.- - ___.'_"___'_'U' _,_____,.,_ -"--"
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
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 6/15/04
Vote for passage: AYES: Lehman. O'Donnell. Wilburn, Bailey. Champion. NAYS: Elliott
Vanderhoef. ABSENT: None.
Second Consideration 7/6/04
Vote for passage: AYES: Lehman. O'Donnell. Wilburn. Bailey. Champion. NAYS: Ell iott,
Vanderhoef. ABSENT: None.
Date published
-,...- . _._-~~-._---~---_._.__.__._~.__.._-_._._--_.""'-'--'- _._..~.. .._-------- _._~-_..-------~- .