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Home My WebLink About1995-08-29 Ordinance ORDINANCE NO. 95-3687 AN ORDINANCE VACATING A PORTION OF THE 20 FOOT WIDE ALLEY LOCATED EAST OF GILBERT COURT AND IMMEDIATELY SOUTH OF THE IOWA INTERSTATE RAILWAY RIGHT-OF-WAY. WHEREAS, Bernard and Joanna Milder own property at 800 Gilbert Court, immediately adjacent to the public alley described below; and WHEREAS, the Milders intend to construct an addition onto the residence located at 800 Gilbert Court which would encroach into the subject alley; and WHEREAS, the subject alley is unimproved and is not a necessary component of the neighborhood's vehicular circulation system; and WHEREAS, the City will retain easements for any existing utilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. VACATION. Subject to retention of a five foot wide easement along the north edge of the alley for maintenance of the storm sewer and ditch located to the north of the alley, the City of Iowa City hereby vacates the portion of the 20 foot wide alley legally de- scribed as follows: That portion of the 20 foot wide alley located east of Gilbert Court and immedi- ately south of the Iowa Interstate Railway which lies north of and adjacent to Lot Block 3, Lyon's First Addition, Iowa City, Iowa. SECTION il. 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 All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed.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 this29th day of ust, 995., f . .-/------ MAYOR .... ATTEST: CITY CLERK MICROFILMED BY CRES- INFORMATION TECHNOLOGIES RETAK C- 84 ORDINANCE NO. 95-3687 AN ORDINANCE VACATING A PORTION OF THE 20 FOOT WIDE ALLEY LOCATED EAST OF GILBERT COURT AND IMMEDIA?ELY SOUTH OF THE IOWA INTERSTATE RAILWAY RIGlIT-OF-WAY. WHEREAS, Bernard and Joanna Milder own property at 800 Gilbert Court, immediately adjacent to the public alley described below; and WHEREAS, the Milders intend to construct an addition onto the residence located at 800 Gilbert Court which would encroach into the subject alley; and WHEREAS, the subject alley is unimproved and is not a necessary component of the neighborhood's vehicular circulation system; and WHEREAS, the City will retain easements for any existing utilities. NOW, TH EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. VACATION. Subject to retention of a five foot wide easement along the north edge of the alley for maintenance of the storm sewer and ditch located to the north of the alley, the City of Iowa City hereby vacates the portion of the 20 foot wide alley legally de- scribed as follows: That portion of the 20 foot wide alley located east of Gilbert Court and immedi- ately south of the Iowa Interstate Railway which lies north of and adjacent to Lot 4, Block 3, Lyon's First Addition, Iowa City, Iowa. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION I11. SEVERAgILITY. If any section, provision or part of the Ordinance shell 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 29th day Ordinance No. 95-3687 Page. 2 It was moved by Lehman and seconded by as reed be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Kubby Baker Horowitz Kubby Lehmen Novick Pigott Thmgmorton that the Ordinance First Consideration 8 / 1/95 Vote for passage: AYES: Lehman, Pigott, Throgmorton, Baker, Horowitz, Kubby. NAYS: None. ABSENT: Novick. Second Consideration 8/15/95 h ,,Vote. forpas.sage: AYES: Nov'ick, Pigot~:, Throgmorton, Baker, orowl[z, ~ubby, Lehman. NAYS: None. ABSENT: None. Date published 9/6/95 ORDINANCE NO. 95-3688 ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE S, ENTITLED "PERFORMANCE STANDARDS," SECTIONS lOB AND 10C, CONCERNING THE LOCATION OF UNDERGROUND STORAGE TANKS. WHEREAS, the City has instituted distance requirements for bulk storage of flammable liquids and chemicals from residentjelly-zoned properties due to safety considerations; and WHEREAS, underground storage tanks do not pose as great a safety hazard as above- ground storage tanks as the dangers from explosion are minimized by the earthen contain- ment of these tanks; and WHEREAS, the Uniform Fire Code provides separation requirements for the underground bulk storage of flammable liquids that meet accepted fire safety standards; and WHEREAS, a minimum separation distance should be imposed to protect residential proper- ties from spillage and fumes during the filing and pumping of such tanks. NOW, THEREFORE, BE IT OROAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, Chapter 6, Article S, Section 10, entitled "Storage," of the City Code is hereby amended as follows: 1. Repealing subsection 14-6S-1OB, and add- ing a new section 14-6S-10B to read as follows: B, The bulk storage of flammable liquids and chemicals, when stored in above- ground tanks, shall occur no closer to the lot line or any principal building than the distance indicated by the following table: Minimum Separation Distances Water Capacity Per Container Aboveground (gallons) Containers Less than 125 None 125 to 250 10 feet 251 to 500 10 feet 501 to 2,000 25 feet 2,001 to 30,000 50 feet 30,OO1 to 70,000 75 feet 70,001 to 90,000 100 feet Ordinance No. 95-3688 Page 2 The distance may be reduced to not less than ten feet (10') for a single container of one thousand two hundred (1,200) gallons' water capacity or loss, provided such a container is at least twenty-five feet (25') from any ether container of more than one hundred twenty-five (125} gallons' water capac- ity. 2. Repealing subsection 14-6S-10C, and add- ing a new section 14-6S-10C to read as follows: C. The underground bulk storage of flam- mable liquids shall be located in accor- dance with the Uniform Fire Code re- garding tank storage underground, (1978 Code §36-76) except the mini- mum distance between such under- ground tanks and any R zone boundary shall be at least ten (10) feet. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealad. 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 29th day of August, 1995. Ordinance No. 95-3688 Page 3 it was moved by Kubby and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Lehman , X x Baker x Horowitz x Kubby x Lehman x Novick x Pigott Throgmorton that the Ordinance First Consideration Vote for passage: Kubby, Lehman. NAYS: 8/1/95 AYES: Pigott,Throgmorton, Baker, Horowitz, None. ABSENT: Novick. Second Consideration 8/15/95 Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick. NAYS: None. ABSENT: None. Date published 9/6/95 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULA- TIONS OF APPROXIMATELY 103.86 ACRES, WHICH INCLUDES THE HIGHWAY 218/HIGHWAY 1 INTERCHANGE AND PROP- ERTY LOCATED IN THE SOUTHWEST QUAD- RANT OF THE INTERCHANGE. WHEREAS, the Applicant, Howard Winebrennsr, on behalf of property owner Kirkwood Community College, has requested annexation and rezoning of approximately 39.3 acres of land located in the southwest quadrant of the Highway 2181Highway 1 interchange; and WHEREAS, in order for this tract to be contiguous to the corporate limits of the city the Highway 218/Highway 1 interchange, consisting of approximately 64.56 acres, must also be annexed and rezoaed; and WHEREAS, the Comprehensive Plan and the Fringe Area Agreement suggest that c~mmer- cial or light industrial zoning is appropriate for property in this location; and WHEREAS, intensive commercial zoning in this location is consistent with the current use of adjacent properties and in the City's best interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA: SECTION I. ZONING AMENDMENT . The property described below is hereby reclassified from its present classification of County RS to C1-1: Beginning at the Southwest corner of the Southeast quarter of Section 20, Town- ship 79 North, Range 6 West of the 5th Principal Meridian, Johnson County, Iowa; Thence N00°32'34"E, along the West line of the Southeast Quarter of said Section 20 a distance of 1395.30 feet; Thence S89o57'26"E, along the South line of a tract of land recorded in Deed Book 767 at Pages 227-229 in Johnson County Recorder's Office, 625.4 feet; Thence N59o14'26"W along the Southwesterly Right-of-We,/line of Primary Road 218, a distance of 396.00 feet; Thence N43o25'O5"W, 407.57 feet; Thence N00o31'30"E along the said line 5.60 feet; Thence N 1 7 o 59'00"W along the said line 496.60 feet; Thence NO4°34'30"W · Ordinance No. Page 2 along the said line 259.70 feet; Thence N31°O8'30"W, along the said line 1393.80 feet; Thence N35°O9'30"W, along the said line 162.10 feet; Thence S89°50'30"E along the North line of the Southeast quarter of the Northwest quar- ter of said Section, 386.30 feet; Thence S35o57'00"E along the Northeasterly Right-of-Way line of Primary Road 21 8, a distance of 726.80 feet; Thence $41°07'30"E along the said line 282.40 feet; Thence S52°22'30"E, along the said line 140,30 fee[; Thence S61 °52'30"E, along said line 692.80 feet; Thence $40o17'29"E, 414.83 feet; Thence SllO12'00"E along the said line 556.10 feet; Thence S41 o 12'00"E, along the said line 157.70 feet; Thence Sl1°22'30"E along said line 375.10 feet; Thence S34o17'15"E along the said line 1686,31 feet; Thence N89°59'28"W along the South line of said Section 20, a distance of 2255.00 feet to the Point of Beginning. Said parcel of land contains. 103,86 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 CiW, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION III, CERTIFICATION AND RECORD- ING. 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 publica- tion as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 uncons. titutional, 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 VI. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. Page 3 Passed and approved this MAYOR ATTEST: CITY CLERK App o~t"~y / , , · - ..' ;- .~ /y ..--' ...~, ;. ~ . / '..~.: . / City Attorney's Office. / z