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HomeMy WebLinkAbout1996-10-22 OrdinancePrepared by John Yapp, Associate Planner, 410 £. Washington, Iowa City, IA 52240; 3191356-5247 ORDINANCE NO. AN ORDINANCE VACATING THE PORTION OF ST. MATTHIAS' STREET (FORMERLY KNOWN AS ST. MATTHIAS' ALLEY), RIGHT-OF-WAY LOCATED NORTH OF DODGE ST. AND ST. JOHN'S ALLEY, LOCATED BETWEEN ST. CLEMENT'S STREET AND ST. MATTHIAS' STREET. WHEREAS, Roberts Hometown Dairy has requested the City vacate St. Matthias' Street and St. John's Alley; end WHEREAS, the City will vacate the entire portion of St. Matthies' Street north of Dodge Street, much of which is undeveloped; and WHEREAS, the developed portion of St. Matthlas' Street does not provide access to any property other than Roberts Hometown Dairy; and WHEREAS, Roberts Hometown Dairy owns property to the north and south of the public right-of-way known as St. John's Alley, described below; and WHEREAS, St. John's Alley west of St. Clement's Street was vacated by Ordinance 2357 on September 7, 1965; and WHEREAS, the subject right-of-ways are not a necessary component of the neighborhood's vehicular circulation system; and WHEREAS, all necessary utility easements will be retained. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. VACATION. The City of Iowa City hereby vacates the portion of St. Met-thias' Street (formerly known as St. Matthias' Alley) legally described as follows: Commencing as a point of reference at the southeast corner of Lot 8, Block 2 of St. Matthies' second addition to Iowa City, Iowa; thence NO°0'0"E 7.71 feet along the westerly right-of-way line of said St. Matthias' Street to the point of beginning; thence contipuing NO°O'O"E 768.21 feet along the westerly right-of-way line of said St. Matthies' Street to a point of intersection with the north line of said St. Ordinance No. Page 2 Matthias' Second Addition; thence N90°0'0"E 24.58 feet along said north line to a point of intersection with the easterly right-of-way line of said St. Matthias' Street; thence SO°O'O"E 7,56.98 feet along said easterly right-of-way line to a point of intersection with a line 7 feet in perpendicular distance northerly of the northerly right-of-way line of Dodge Street; thence S65°25'12"W 27.03 feet along a line parallel with and 7 feet in perpendicular distance northerly of said northerly right-of- way line to the point of beginning and containing 0.43 acres more or less. The City of Iowa City hereby vacates the portion of St. John's Alley legally described as follows: St. John's Alley lying between the east line of St. Clement's Street and the west line of St. Matthias' Street. 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 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 day of ,19 MAYOR ATTEST: CITY CLERK '_City ~lttorney~ Oil)de .. . Ordinance No. Page It was moved by and seconded by Ordinance as read be adopted. and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry ,. Vanderhoef that the First Consideration 9/24/96 Vote for passage: AYES: Norton, Novick, Thornberry, Vanderhoef, Baker, Kubby, Lehman. NAYS: None. ABSENT: None. Second Consideration 10/8/96 Vote for passage: AYES: Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. NAYS: None. ABSENT: None. Date published Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5031 ORDINANCENO. 96-3754 AN ORDINANCE, CORRECTING ORDINANCE NO. 84-3219, VACATING A FORTY-FOOT {40') PORTION OF THE ALLEY RIGHT-OF-WAY RUNNING NORTH-SOUTH BETVVEEN HARRI- SON STREET AND PRENTISS STREET AND ABUTTING THE EAST SIDE OF THE PROPERTY LOCATED AT 522 SOUTH DUBUQUE STREET. WHEREAS, the City no longer has a use for this alley right-of-way; and WHEREAS, a previous ordinance passed in 1984 vacating this right-of-way was defective because the notice published was insufficient; and WHEREAS, notice has now been published as required by law; and WHEREAS, the City will retain city and public utility easements over this property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. A forty foot (40') segment of the north-south alley right-of-way between Harrison Street and Prentiss Street in Iowa City, Iowa, legally described as follows, is hereby vacated for alley purposes subject to the City of iowa City retaining and reserving unto itself certain city and public utility easements, including water, sanitary sewer and public utilities: Beginning at the northeast corner of Lot 6, Block 9, County Seat Addition, thence south 40 feet, thence east 20 feet, thence north 40 feet, thence west 20 feet 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 Ill. 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. 96-3754 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 _j~Qdday of October ,19_9~__, MAYOR{ ...-,_ 't/. ( ,./ ~,,, , ATTEST: /",~.-~--.~-',~ 2~". ~ CITY CLERK City Attorney's Office Ordinance No. Page 3 96-3754 It was moved by Vanderhoef and seconded by Ordinance asread be adopted, and upon roll callthere were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef ~hnrnh~ry that the First Consideration 10/~/9R Vote for passage: AYES: Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 10/30/96 Moved by Vanderhoef, seconded by, Norton, 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. ORDINANCE NO 96-3755 ORDINANCE CORRECTING ORDINANCE NO, 96-3744 IN ORDER TO ACCURATELY RENUM- BER AND RELETTER THE ENDING SUBSEC- TIONS OF THE SENSITIVE AREAS DEVELOP- MENT PLAN DESIGN GUIDELINES SECTION OF THE SENSITIVE AREAS ORDINANCE. WHEREAS, the City Council approved amendments to the Sensitive Area Ordinance on September 10, 1996, through passage of Ordinance No. 96-3744; and WHEREAS, Ordinance No. 96-3744, as approved, inadvertently did not eddress the tenumbering and relettering of the ending subsections of the Sensitive Areas Development Plan Design Guidelines section of the Sensitive Area Ordinance; and WHEREAS, this correcting ordinance makes no substantive changes to the amendments to the Sensitive Areas Ordinance, as approved by the City Council on September 10, 1996, but simply makes clear the way the amended sub- sections should be numbered and lettered. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Ordinance No. 96- 3744 is hereby amended by repealing subsec- tions L3 and L4 of Ordinance No. 96-3744, and adding the following subsections to Ordinance No. 96-3744: L3. adding a new subsection heading 14- 6K-IN3, entitled "Residential Develop- ment Guidelines," immediately prior to subsections 14-6K-1N2c and 14-6K- 1N2d, and tenumbering said subsec- tions respectively as follows: 14-6K- 1N3a and 14-OK-1N3b. L4. tenumbering subsection 14-6K-IN3, entitled "Street Design Guidelines," and its subsections a-e as follows: 14-6K- 1N3c, "Street Design Guidelines," with subsections 1-5. LS. tenumbering subsection 14-6K-IN4, entitled "Alley Design Guidelines," and its subsections a-c as follows: 14-6K- 1N3d, "Alley Design Guidelines," with subsections 1-3. L6. renumbering subsection 14-6K-INS, entitled "Pedestrian Walkway Guide- lines," as follows: 14.6K-1N3e, "Pe- destrian Walkway Guidelines." L7. tenumbering subsection 14-6K-IN6, entitled "Land Uses," and its subsec- tions a-f as follows: 14-6K-1N3f, "Land Uses," with subsections 1-6. Ordinance No. 96-3755 Page 2 L8. adding the words, "when the underly- ing zoning is residential," at the end of the newly numbered subsection 14-6K- 1N3f6. L9. ranumbering subsection 14-6K-IN7, entitled "Dimensional Requirements," and its subsections a-b as follows: 14- 6K- 1 N3g, "Dimensional Requirements," with subsections 1-2. L10. ranumbering subsection 14-6K-IN8, entitled 'Dwelling Unit Density," as follows: 14-6K-1N3h, "Dwelling Unit Density." Lll. ranumbering subsection 14-6K-IN9, entitled "Sensitive Open Space Desig- nation," as follows: 1 4-6K- 1N3i, "Sen- sitive Open Space Designation." L12. ranumbering subsection 14-6K-1N10 and its subsections a-d, which relate to commercial developments in a residen- tial planned development, as follows: 14-6K-1N3j with subsections 1-4. L13. ranumbering subsection 14-6K-IN11, entitled "Additional Considerations," and its subsections a-c as follows: 14- 6K-1N3k, "Additional Considerations," with subsections 1-3. L14. adding a new subsection 1 4-6K-1N4 as follows: 4. Commercial, Research Develop- ment, Office Research and Industri- al Development Guidelines: These development guidelines recognize that when environmentally sensi- tive features exist on a commer- cial, research development, office research or industrial property, it may be appropriate to minimize development in and near the sensi- tive area(s). To mitigate for the loss of development potential, these guidelines allow for an in- crease in building height and a reduction in yard and parking re- quirements, as follows: a. The height of a building may be increased up to ten feet {10'). b. Yards may be reduced. c. Parking for commercial and industrial uses my be reduced. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. Ordinance No. 96-3755 Page 3 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 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 22ndday of October ,19 96. CITY CLERK Ordinance No. 96-3755 Page 4 It was moved by Baker and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ASSENT: X ~ Baker ---X--- Kubby ~ Lehman X Norton X Novick X Thomberry ~ ~ Vanderhoef Lehman that the First Consideration 10/8/96 Vote for passage:AYES: Novick, Thornberry, Vanderhoef, Baker, Kubby, Lehman, Norton. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 10/30/96 Moved by Baker, 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: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. NAYS: None. ABSENT: None.