HomeMy WebLinkAbout1998-07-09 OrdinancePrepared by: Bob Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5140
ORDINANCE NO. 98-3837
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE ZONING
DESIGNATION OF 6.53 ACRES FROM LOW
DENSITY SINGLE-FAMILY RESIDENTIAL, RS-
5, TO SENSITIVE AREAS OVERLAY, OSA-5
FOR PROPERTY LOCATED AT 2727
ROCHESTER AVENUE.
WHEREAS, this property contains slopes of
greater than twenty-five percent (25%); and
WHEREAS, the Sensitive Areas Ordinance
requires an overlay zone for properties containing
critical slopes of over twenty-five percent (25%);
and
WHEREAS, the proposed subdivision complies
with the sensitive areas overlay zone; and
WHEREAS, the proposed subdivision complies
with the requirements of the low density single-
family, RS-5, zone; and
WHEREAS, the Planning and Zoning
Commission has reviewed the proposed sensitive
areas overlay and has recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. ZONING AMENDMENT. The
property legally described below is hereby
reclassified from its present classification of RS-5
to OSA-5 and the preliminary sensitive areas
oveday plan for Green Mountain Meadows on the
subject property is hereby approved:
Commencing at the Southeast Corner of the
Northwest Quarter of Section 12, Township
79 North, Range 6 West, of the Fifth
Principal Meridian; Thence N00°28'54"E,
along the East Line of said Northwest
Quarter, 328.64 feet; Thence S89°59'53"W,
5.46 feet, to the Point of Beginning; Thence
continuing S89°59'53"W, along the North
Line of Washington Park Addition, Parts 10,
in accordance with the Plat thereof recorded
in Plat Book 30, at Page 54, of the Records
of the Johnson County Recorder's Office,
the Easterly Projection thereof, and the
North Line of Washington Park Addition, Part
9, in accordance with the Plat thereof
Recorded in Plat Book 14, at Page 100, of
the Records of the Johnson County
Ordinance No. 98-3887
Page 2
Recorder's Office, 600.61 feet, to the
Southeast Corner of a Plat of Survey, in
accordance with the Plat thereof Recorded
in Plat Book 6, at Page 4, of the Records of
the Johnson County Recorder's Office;
Thence N04°13'45"E, along the East Line of
said Plat of Survey, 535.48 feet, to the
Northeast Corner thereof; Thence
S77°25'55"E, 174.27 feet; Thence
S82°31 '27"E, 205.68 feet; Thence
N87°54'35"E, 185.00 feet; Thence S00°16
00 E, 476.07 feet, to the Point of Beginning.
Said Tract of land contains 6.53 acres, more
or less, and is subject to easements and
restrictions of record.
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. The City Clerk is hereby
authorized and directed to certify a copy of this
ordinance which shall be recorded by the owner
at the office of the County Recorder of Johnson
County, Iowa, upon final passage and
publication as provided by law.
SECTION IV. REPEALER. All ordinances and
parts of ordinances in conflict with the provision
of this ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section,
provision or part of this 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.
Passed and approved this 9th day of
JU] ,1998.
'~GITY CLE ~''
Ordinance No. 98-3837
Page :3
Itwas moved by Thornberry and seconded by
adopted, and upon roll cell there were:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
X O'Donnell
X Thomberry
X Vanderhoef .
O'Donnell
that the Ordinance as read be
First Consideration 7 / 7 / 9 8
Vote for passage: AYES: Lehman, Norton, 0'Donnel ], Thornberry,
Vanderhoef, Champion, Kubby. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
plxladniNon:t/2727rocrt.~:x:
7/15/qR
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: O'Donnell, Thornberry, Vanderhoef,
Champion, Lehman, Norton. NAYS: Kubby. ABSENT: None.
/?
Ordinance No. 98-3837
Pa, ge ~3
by Thornberry and seconded by
upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
Kubby
Lehman
Norton
X O~)onnell
X Thornberry
Vanderhoef
0' Donne 11 that the mad be
Vote for
Vanderhoef,
Second Consideretion
Vote for
Date published
7/7/98
AYES: Lehman, No
~mpion, Kubby. NAYS:
, O'Donnell, Thornberry,
· ABSENT: None.
;~:~Nn/ord~727mc~.ck:zc
7/1
Moved by
requiring
passage at two
it is to be
and vote be
passage at
Champion,
seconded by Vanderhoef, that the rule
to be considered and voted on for
~uncil meetings prior to the meeting at which
passed be suspended, the second consideration
the ordinance be voted upon for final
_ AYES: O'Donnell, Thornberry, Vanderhoef,
No None
Prepared by: Melody Rockwell, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA
52240; 319/356-5251
ORDINANCENO.
98-3838
ORDINANCE AMENDING CITY CODE TITLE
14, CHAPTER 6, ENTITLED 'ZONING,"
ARTICLE A, ENTITLED 'ZONING TITLE,
PURPOSE AND SCOPE," SECTION 4,
ENTITLED 'SCOPE," TO ALLOW MORE THAN
ONE PRINCIPAL BUILDING ON A LOT FOR
RELIGIOUS INSTITUTION USES PERMITTED
BY SPECIAL EXCEPTION IN RS ZONES AND
THE RNC-12 ZONE.
WHEREAS, the City Code provides that in
single-family residential (RS) zones and the
neighborhood conservation residential (RNC-
12) zone, there shall not be more than one
principal use or building on a lot; and
WHEREAS, this provision in the ordinance is
intended to limit the number of principal
residential structures to one per lot in order to
maintain the single-family character of the
zone; and
WHEREAS, this provision is not necessarily
practical or of benefit to property owners or
the public when it is applied to religious
institutions, such as churches or schools; and
WHEREAS, religious institutions must meet
additional access, lot size and setback
requirements when located in RS zones and
the RNC-12 zone; and
WHEREAS, religious institutions can only be
· established or expanded in RS zones and the
RNC-12 zone through the granting of a
special exception by the Board of
Adjustment; and
WHEREAS, the additional regulations and
the requirement for Board of Adjustment
review provide safeguards for permitting
religious institutions to have more than one
principal building on a lot in single-family
residential areas in reasonable, compatible
ways.
Ordi nance No. 98-3838
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 14, Chapter
6, Article A, Section 4, entitled ~cope," of
the City Code is hereby amended by repealing
subsection 14-6A-4F1 in its entirety, and
adding a new subsection 14-6A-4F1 to read
as follows:
1. In RS zones and the RNC-12 zone,
there shall not be more than one principal use
or building per lot,. except as permitted
through a Board of Adjustment approval of a
special exception to establish or expand a
religious institution use. There may be more
than one accessory use or structure on a lot,
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed.
SECTION III. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional,
such adjudication shall not affect the validity
of the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid
or unconstitutional.
SECTION IV. EFFECTIVE DATE. This
Ordinance shall be in effect after its final
passage, approval and publication, as
provided by law.
Passed and approved this 9thday of July
,199~.
MAYOR
ATTEST: CI~ CLERK
ppdadmin/ord/religord.doc
Ordinance No. 98-3838
Page 3
It was moved by Thornberry and seconded by
O~inance as read be adopted, and upon rollcallthem were:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
X O'Donnell
X Thornberry
X Vanderhoef
Norton that the
First Consideration 7/7/98
Vote for passage: AYES: Norton, 0'Donnell, Thornberry, Vanderhoef,
Champion, Kubby, Lehman. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
7/1S/98
Moved by Thornberry, 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 second
consideration and vote be waived and the ordinance be voted upon for final
passage at this time. AYES: Champion, Lehman, Norton, O'Donnell, Thornberry,
Vanderhoef. NAYS: Kubby. ABSENT: None.
Ordinance No. 98-3838
Page 3
It was moved by Thornberry and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Notion
O'Donnell
Thornb,
Vanderhc
Norton that the
/
First 7/7/98
Vote passage: AYES:
Champion, , Lehman. NAYS:
O'Donnell, Thornberry, Vanderhoef,
ABSENT: None.
Second Co in
Vote for ge:
Date published '98
Moved by Thornberry,
to be considered and
the meeting at which it
consideration and vote
passage at this time.
Vanderhoef. NAYS:
d by O'Donnell, that the rule requiring ordinances
on for passage at two Council meetings prior to
to be finally passed be suspended, the second
ived and the ordinance be voted upon for final
Champion, Lehman, Norton, O'Donnell, Thornberry,
: .
Prepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO. 98-3839
AN ORDINANCE VACATING SECOND
AVENUE COURT, LOCATED BETWEEN
FIRST AVENUE AND SECOND AVENUE,
NORTH OF MUSCATINE AVENUE.
WHEREAS, The Place/Commercial Real
Estate has requested the City vacate Second
Avenue Court to allow for the development of
an approximate 16,000 square foot
Walgreen's foodmart and pharmacy on the
block northwest of the 1't Avenue and
Muscatine intersection; and
WHEREAS, by vacating this street and
disposing of it to the applicant, the City will
be making possible a larger commercial
development than would otherwise be
possible on this block; and
WHEREAS, the applicant has agreed to
a number of conditions on the
redevelopment of the vacated property which
will address and satisfy public needs and
concems caused by the redevelopment of
the vacated property.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I. VACATION. Subject to the
retention of all necessary public and pdvate
utility easements, the City of Iowa City
hereby vacates Second Avenue Court,
legally described below, subject to the
following:
1. The applicant obtaining notarized
letters of no objection from all the property
owners abutting the north and south sides of
Second Avenue Court.
2. The site plan for the redevelopment
of the property generally conforming to the
landscaping plan submitted to the
Department of Planning' and Community
Development on May 14, 1998.
3. The light from the redeveloped site
being no more than one foot-candle along
the north and west property lines.
4. Pedestrian connections being
included from the sidewalks along 1st Avenue
and Muscatine Avenue to the store entrance
on the redeveloped site.
5. Two feet of width being added to the
landscaped area between the sidewalk and
the parking lot along the 1st Avenue frontage
on the redeveloped site.
6. The redeveloped entrance ddve
along 1st Avenue being no wider than it
Ordinance No. 98-3839
Page 2
needs to be to accommodate truck tuming
movements.
7. The applicant dedicating 7 feet of
frontage along Muscatine Avenue as public
right-of-way, and 2.5 feet of frontage along
1 st Avenue as public right-of-way in
conjunction with the redevelopment.
8. The store on the redeveloped site
shall not accept truck deliveries between the
hours of 10 p.m. and 6 a.m.
9. The Director of Planning approving
the height of the light-poles on the west and
north sides of the redeveloped site.
The vacated portion of Second Avenue
Court is legally described as follows:
Second Avenue Court, located within
Block 6, East Iowa City, Iowa City, Iowa,
as recorded in Book 1, at Page 92 in the
Office of the Johnson County Recorder,
containing 0.14 acres (6,400 square feet)
and subject to easement and restrictions
of record.
SFCTION II. REPEALER. All
ordinances and parts of ordinances in
conflict with the provisions 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
Ordinance shall be in effect after its final
passage, approval and publication, as
provided by law.
Passed and approved this 9th day of
Jul.y ,1998.
A'I'rEST: '~ITY CLERK
~ey's ~~,,
ppdadmin\ord\walgreen .doc
Ordinance No. 98-3839
Page 3
It was moved by Thornberry and seconded by
O~inance as read be adopted, and upon rollcalltherewere:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
X O'Donnell
X Thornberry
X Vanderhoef
O'Donnell
that the
First Consideration 7/7/98
Vote for passage: AYES: O' Donnel 1, Thornberry, Vanderhoef,
Champion, Lehman, Norton. NAYS: Kubby. ABSENT: None.
Second Consideration
Vote for passage:
Date published
7/15/98
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: Lehman, Norton,
O'Donnell, Thornberry, Vanderhoef, Champion. NAYS: Kubby. ABSENT:
None.
Ordinance No. 98-3839
Page 3
~)~.was moved by Thornberry and seconded by
dinanceas read be adopted, and upon rollcallthere were:
\ AYES: NAYS: AB SENT:
X Champion
X Kubby
X Lehman
X Norton
O'Donnell
Thornbes
X Vandef
O'Donnell
that the
First !ration 7/7/98
Vote passage: AYES: 0' Do~
Champion, ~an, Norton. NAYS:
1, Thornberry, Vanderhoef,
,. ABSENT: None.
Second Con~ ,n
Vote for 'e:
Date published
Moved by Thornberry,
ordinances to be considey
meetings prior to the mE
suspended, the second
be voted upon for fini
O'Donnell, Thornberr
None.
~d by Vanderhoef, that the rule requiring
~nd voted on for passage at two Council
at which it is to be finally passed be
tion and vote be waived and the ordinance
It this time. AYES: Lehman, Norton,
Champion. NAYS: Kubby. ABSENT: