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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: