HomeMy WebLinkAbout1999-02-23 OrdinancePrepared by: Scott G. Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY
CHANGING THE ZONING DESIGNATION OF
APPROXIMATELY 61.8 ACRES LOCATED
SOUTH OF WHISPERING MEADOWS DRIVE
FROM MEDIUM DENSITY SINGLE-FAMILY
RESIDENTIAL (RS-8) TO FACTORY BUILT
HOUSING RESIDENTIAL {RFBH - 59.25
ACRES) AND LOW DENSITY MULTI-FAMILY
RESIDENTIAL (RM-'I2 - 2.55 ACRES).
WHEREAS, the Applicant, Lake Calvin
Properties, is legal titleholder of approximately
61.8 acres located south of Whispering
Meadows Drive, legally described below, and
WHEREAS, the Applicant has requested that
the City rezone approximately 61,8 acres
located south of Whispering Meadows Drive
from Medium Density Single-Family Residential
(RS-8) to Factory Built Housing Residential
(RFBH - 59.25 acres) and Low Density Multi-
Family Residential (RM-12- 2.55 acres)); and
WHEREAS, the current zoning designation
was established in 1994 when the subject
property was annexed into the City as part of a
244 acre parcel; and
WHEREAS, at the time of annexation and
rezoning, the applicant presented the overall
zoning plan for the 244 acre parcel as providing
a diverse mix of housing for this area of the city;
and
WHEREAS, in December, 1997, the City
adopted the South District Plan as a component
of the Comprehensive Plan; and
WHEREAS, the South District Plan contains a
number of policies and recommendations to
help guide future development within the South
Planning District which includes the subject
property; and
WHEREAS, the Applicant acknowledges that
certain conditions and restrictions are
reasonable to satisfy public needs directly
resulting from the requested rezoning and to
ensure the development of the subject property
in accordance with the policies and
recommendations of the South District Plan; and
Ordinance No.
Page 2
WHEREAS, the Applicant has agreed to
develop the property in accordance with the
terms and conditions of a Conditional Zoning
Agreement to satisfy public needs directly
resulting from the requested rezoning and to
ensure the development of the property in
accordance with the policies of the South District
Plan.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. The following
described property is hereby conditionally
rezoned from its current designation of RS-8,
Medium Density Single Family Residential, to
RFBH, Factory Built Housing Residential, and
RM-12, Low Density Multi-Family Residential, as
follows:
a. The following property is hereby rezoned
from RS-8 to RFBH:
A tract of land in the west half of the
Northwest Quarter of Section 25, Township
79 North, Range 6 West of the Fifth
Principal Meridian, described as:
Beginning at the northwest corner of Section
25; thence N 88o21'05'' E, 1244.42 feet
along the north line of Section 25 to the west
line of the existing RFBH zone; thence S
0°09'02" E, 1618.31 feet along said west
line to the land zoned RR-1; thence S
76051'50'' W, 135.62 feet along the north
line of RR-1 zoned land; thence S 50°55'36"
W, 231.50 feet along the north line of RR-1
zoned land; thence S 41o54'27'' W, 388.36
feet along the north line of RR-1 zoned land;
thence S 32°46'33'' W, 34.39 feet; thence N
57°09'07" W, 191.44 feet; thence N
88°05'31" W. 298.02 feet; thence
southeasterly 395.23 feet along a 500.00
foot radius curve, concave northeasterly
with a central angle of 45o17'24'' to a point
that lies S 28°28'49'' E, 385.02 feet from the
previous described point; thence S
51o06'40'''' E, 110.29 feet to the north line of
the land zoned RR-1; thence S 32o46'33'' W.
314.69 feet to a point on the south line of
the Northwest Quarter of Section 25; thence
S 88°50'25 .... W. 292.04 feet to the West
Quarter Corner of Section 25; thence N
0008'49'' W. 2641.60 feet to the Point of
Beginning. Said tract contains 59.25 Acres,
more or less.
b, The following property is hereby
rezoned from RS-8 to RM-12:
A tract of land in the west half of the
Northwest Quarter of Section 25, Township 79
North, Range 6 West of the Fifth Principal
Ordinance No.
Page 3
Meridian, described as:
Beginning at the northwest corner of Section
25;
thence S 0o08'49'' E, 2641.60 feet to the
West Quarter Corner of Section 25; thence
N 88o50'25'' E, 292.04 feet along the south
line of the Northwest Quarter of Section 25;
thence N 32o46'33'' E, 314.69 feet along the
north line of the land zoned RR-1 to the
Point of Beginning of the described tract;
thence N 88°50'25'' E, 292.04 feet along the
south line of the Northwest Quarter of
Section 25; thence S 0o08'49'' E, 2641.60
feet to the West Quarter Comer of Section
25; thence N 51o06'40'' W, 110.29 feet;
thence northwesterly 395.23 feet along a
500.00 foot radius curve, concave
northeasterly, with a central angle of
45°17'24" to a point that lies N 28o28'49'' W,
385.02 feet from the previous described
point; thence S 88°05'31" E, 298.02 feet;
thence S 57o09'07'' E, 191.44 feet to the
north line of the land zoned RR-1; thence S
32o46'33'' W. 349.56 feet to the Point of
Beginning. Said tract contains 2.55 Acres,
more or less.
SECTION II. ZONING MAP. Upon final
passage, approval and publication of this
ordinance as provided by law, the Building
Official is hereby authorized and directed to
change the zoning map of the City of Iowa City,
Iowa, to conform to this conditional zoning
change.
SECTION III. 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 applicant and the City.
SECTION IV. CERTIFICATION AND
RECORDING. The City Clerk is hereby
authorized and directed to certify a copy of this
ordinance and the Conditional Zoning
Agreement 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 V. REPEALER. All ordinances
and parts of ordinances in conflict with the
provision of this ordinance are hereby repealed.
SECTION VI. 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.
Ordinance No.
Page 4
SECTION VII. EFFECTIVE DATE. This
ordinance shall be in effect after its final
passage, approval and publication, as required
by law.
Passed and approved this day of
,1999.
MAYOR
CITY CLERK
ppdadmin\ord\whisper.doc
Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319/356o5243
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter 'the City'l, and Lake Calvin Properties (hereinafter 'Applicanfi.
WHEREAS, the Applicant, Lake Calvin Properties, is legal titleholder of approximately 61.8
acres located south of Whispering Meadows Drive, legally described below, and
WHEREAS, the Applicant has requested that the City rezone approximately 61.8 acres
located south of Whispering Meadows Drive from Medium Density Single-Family
Residential (RS-8) to Factory Built Housing Residential (RFBH - 59.25 acres) and Low
Density Multi-Family Residential (RM-12 - 2.55 acres)); and
WHEREAS, the current zoning designation was established in 1994 when the subject
property was annexed into the City as part of a 244 acre parcel; and
WHEREAS, at the time of annexation and rezoning, the applicant presented the overall
zoning plan for the 244 acre parcel as providing a diverse mix of housing for this area of
the city; and
WHEREAS, in December, 1997, the City adopted the South District Plan as a component
of the Comprehensive Plan; and
WHEREAS, the South District Plan contains a number of policies and recommendations to
help guide future development within the South Planning District which includes the
subject property; and
WHEREAS, the Applicant acknowledges that certain conditions and restrictions are
reasonable and appropriate to satisfy public needs directly caused by the requested
rezoning and to ensure the development of the subject property in accordance with the
policies and recommendations of the South District Plan; and
WHEREAS, the Applicant has voluntarily agreed to develop the property in accordance
with the terms and conditions of a Conditional Zoning Agreement to satisfy public needs
directly caused by the requested rezoning and to ensure the development of the property in
accordance with the policies of the South District Plan.
NOW, THEREFORE, in consideration of mutual promises made herein, the Parties agree as
follows:
1. The Applicant is legal title holder of approximately 61.8 acres of property located south
of Whispering Meadows Drive, which property is more particularly described as follows:
RFBH Parcel:
A tract of land in the west half of the Northwest Quarter of Section 25, Township 79
North, Range 6 West of the Fifth Principal Meridian, described as:
Beginning at the northwest corner of Section 25;
thence N 88°21 '05" E, 1244.42 feet along the north line of Section 25 to the west line
of the existing RFBH zone;
thence S 0°09'02'' E, 1618.31 feet along said west line to the land zoned RR-1;
thence S 76°51 '50" W, 135.62 feet along the north line of RR-1 zoned land;
thence S 50°55'36'' W, 231.50 feet along the north line of RR-1 zoned land;
thence S 41 °54'27" W, 388.36 feet along the north line of RR-1 zoned land;
thence S 32°46'33'' W, 34.39 feet;
thence N 57°09'07'' W, 191.44 feet;
thence N 88°05'31" W. 298.02 feet;
thence southeasterly 395.23 feet along a 500.00 foot radius curve, concave northeasterly
with a central angle of 45°17'24'' to a point that lies S 28°28'49'' E, 385.02 feet from
the previous described point;
thence S 51 °06'40 .... E, 110.29 feet to the north line of the land zoned RR-1;
thence S 32°46'33'' W. 314.69 feet to a point on the south line of the Northwest
Quarter of Section 25;
thence S 88°50'25 .... W. 292.04 feet to the West Quarter Corner of Section 25;
thence N 0°08'49'' W. 2641.60 feet to the Point of Beginning.
Said tract contains 59.25 Acres, more or less.
RM-12 Parcel:
A tract of land in the west half of the Northwest Quarter of Section 25, Township 79
North, Range 6 West of the Fifth Principal Meridian, described as:
Beginning at the northwest corner of Section 25;
thence S 0o08'49'' E, 2641.60 feet to the West Quarter Corner of Section 25;
thence N 88o50'25'' E, 292.04 feet along the south line of the Northwest Quarter of
Section 25;
thence N 32o46'33" E, 314.69 feet along the north line of the land zoned RR-1 to the
Point of Beginning of the described tract;
thence N 88°50'25'' E, 292.04 feet along the south line of the Northwest Quarter of
Section 25;
thence S 0°08'49'' E, 2641.60 feet to the West Quarter Comer of Section 25;
thence N 51 °06'40" W, 110.29 feet;
thence northwesterly 395.23 feet along a 500.00 foot radius curve, concave
northeasterly, with a central angle of 45o17'24" to a point that lies N 28o28'49'' W,
385.02 feet from the previous described point;
thence S 88°05'31" E, 298.02 feet;
thence S 57o09'07" E, 191.44 feet to the north line of the land zoned RR-1;
thence S 32o46'33'' W. 349.56 feet to the Point of Beginning.
Said tract contains 2.55 Acres, more or less,
Applicant acknowledges that the City wishes to satisfy public needs directly caused by
the requested rezoning and to ensure the development of the property in accordance
with the policies of the South District Plan. Finding such objectives reasonable and
appropriate, Applicant agrees to certain conditions over and above existing City
regulations in order to achieve the following specific aims of the South District Plan:
an interconnected street pattern within the neighborhood; street standards that are
compatible with existing or future city streets on adjacent properties; an adequate trail
system within the development with connections to the regional trail system planned
for this neighborhood; appropriate locations and setbacks for garages; the use of alleys
in areas deemed appropriate; a mix of housing types within the neighborhood; and to
ensure that conditions and requirements from previous conditional zoning agreements
are adhered to.
In consideration of the City's rezoning the subject property from RS-8 to RFBH and
RM-12, and to satisfy public needs directly caused by the requested rezoning, the
Applicant agrees that development of the subject property will conform to all of the
requirements of the respective zone, as well as the following additional conditions:
There shall be an interconnected street pattern within the development. Both the
public and private street system developed on the property shall provide an
adequate degree of connectivity within the development and to adjacent properties,
as determined by the City, in general conformance with Exhibit '~" attached hereto
and incorporated herein by this reference.
Collector streets that connect to adjacent properties or to the arterial street system
shall be public streets that meet the City' s standards for collector streets. Private
streets shall meet city standards established for manufactured housing parks and
shall have a cross-section similar to that illustrated on Exhibit 'B" attached hereto
and incorporated herein by this reference.
Provisions for the connection of the proposed trail system to the planned regional
trail to the west shall be incorporated into the development. Previous requirements
for the development of trails within the wetland conservation area and adjacent to
3
the east property line of the subject property shall not be altered by this agreement.
There shall be one or more connection(s) between the subject development and the
required trail located immediately east of the subject property. Said trail system
and connections shall be in general conformance with Exhibit '~" attached hereto
and incorporated herein by this reference.
In order to mitigate the potential impact of garages and vehicle parking areas on
safety and visual compatibility, the following garage setback and location
regulations shall be required above and beyond those required by the Zoning
Chapter.
At least 70% of the dwellings located along any block within the
development, shall meet the following garage setback parameters (as
illustrated on Exhibit C attached hereto and incorporated herein by this
reference): a) structures in which the garage width is greater than 50
percent of the total width of the structure shall be developed with garages
that are set back at least 15 feet from the front plane of the residential
component of the principle structure on the lot; b) structures in which the
garage width is equal to or less than 50 percent of the total width of the
structure shall be developed with garages that are flush with or set back
from the front plane of the residential component of the principle structure
on the lot. Where garage doors do not face the public or private street,
they shall be considered to be in compliance with the above setback
parameters for the purpose of enforcement of this provision. It shall be the
Applicant' s responsibility to provide the necessary information at the time of
any permit application to demonstrate compliance with this provision.
e
Garages containing three or more stalls shall be permitted only when they
are accessed by an alley or rear lane and the garage doors do not face the
public or private street·
ee
Alleys shall be provided and utilized for vehicular access behind all lots that front on
city collector streets, except as explicitly waived in writing by the City, and shall be
permitted in other areas where reasonable and functional. Alleys shall be located in
general conformance with those shown on Exhibit 'A" attached hereto in
incorporated herein by this reference·
f. The gross density of the RFBH parcel shall not exceed that permitted in the City' s
RS-8, Medium Density Single-Family Residential zone·
ge
Development of the 2.55 acre RM-12 parcel shall be subject to the review and
approval of the development plan and building elevations, such as shown on the
concept drawings contained in Exhibit 'D" attached hereto, by the Director of the
Iowa City Department of Planning and Community Development prior to the
issuance of a building permit. The development of the RM-12 parcel shall be limited
to no more than 16 dwelling units.
h. All conditions and requirements specified in the February 15, 1994 Conditional
Zoning Agreement not otherwise altered by this agreement shall be adhered to.
The Parties acknowledge that the conditions contained herein are reasonable and
appropriate conditions to impose on the land under Iowa Code §414.5 (1997), are
appropriate conditions to satisfy public needs directly caused by the subject rezoning,
4
and are required to protect the public safety of both the residents in the area and the
community. Further, notwithstanding the provisions of Iowa Code §§414.28 and
414.28A, the parties specifically acknowledge and agree that the foregoing conditions
are reasonable and appropriate and are not based solely on the fact that the proposed
structures within the RFBH parcel are manufactured homes, and the applicant
specifically waives any claims or assertions that the foregoing conditions are in
contravention of Iowa law.
5. The Applicant acknowledges that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopmerit will conform with the terms of this
Agreement.
6. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a restrictive covenant running with the land and with title to the land, and shall remain
in full force and effect as a restrictive covenant running with the title to the land,
unless or until released of record by the City. The Parties further acknowledge that this
Agreement shall inure to the benefit of and bind all successors, representatives and
assigns of the Parties.
7. Nothing in this Agreement shall be construed to relieve the Applicant from complying
with all applicable, local, state and federal regulations.
8. The Parties agree that the Iowa City City Clerk shall record this Conditional Zoning
Agreement in the Johnson County Recorder' s Office at Applicant' s expense.
Dated this day of , 1999.
LAKE CALVIN PROPERTIES
CITY OF IOWA CITY
By~~--~ ./~ ~
By:
By:
Ernest W. Lehman, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
-2Z--??
STATE OF IOWA
JOHNSON COUNTY
On this 2--~
__ day of
and for the State
)
) ss:
)
~"'~,,,,~..~ , 19~,% before
of Iowa, p~r~nally appeared
me, the undersigned, a Notary Public in
~c,.,,..s q'~, t~,~\\e~r- , to me
personally known, who being by me duly sworn, did say that the person is one of the
partners of Lake Calvin Properties, an Iowa General Partnership, and that the instrument was
signed on behalf of the partnership by authority of the partners; and the partner(s)
acknowledged the execution of the instrument to be the voluntary act and deed of the
partnership by it and by the partner(s) voluntarily executed. ~
~n ;nd for the State of Iowa
STATE OF f::P/t~ )
) ss:
J~L{ ('/( -~' COUNTY )
On this 2-2_ day of ',3~,[,iyTu,,try , 19clq, before me, the undersigned, a Notary Public in
and for the State of IzL~rt-7,~yll,"~L,?t~ , personally appeared -~"'f'Cf~/ldH ~/3Kl(/~f' ,
to me personally known, who being by me duly sworn, did say that the person is one~f the
partners of Lake Calvin Properties, an Iowa General Partnership, and that the instrument was
signed on behalf of the partnership by authority of the partners; and the partner(s)
acknowledged the execution of the instrument to be the voluntary act and deed of the
partnership by it and by the partner(s) voluntarily executed.
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Notar ic in and for the State of
NOTARIAL SE/~L
JAMIE L. MOSCUFO, Notary Public
Langhome Boro, Bucks County
My Commission Expires Dec. 17, 2001
On this day of , 19 , before me,
, a Notary Public in and for the State of Iowa, personally
appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contained in (Ordinance) (Resolution) No.
passed by the City Council, on the day of , 19 , and
that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to
be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
ppdadm/agt/Ikcalvn2.doc
Notary Public in and for the State of Iowa
My commission expires:
6
//
EXHIBIT "A"
~uoa . ~
1.4,~LI4.
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I I '
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H,s-, b4 a;'T
EXHIBIT "C'
GARAGE SETBACK REQUIREMENTS
a. Structures in which the garage width is greater than 50 percent of the total
width of the structure shall be developed with garages that are set back at least
15 feet from the front plane of the residential component of the principal
structure on the lot.
b. Structures in which the garage width is equal to or less than 50 percent of the
total width of the structure shall be developed with garages that are flush with or
set back from the front plane of the residential component of the principal structure
on the lot.
~
EXHIBIT "D"
\
\
Prepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO. 99-3874
AN ORDINANCE CHANGING THE
ZONING DESIGNATION OF LOT 8 AND
OUTLOT A WB DEVELOPMENT, AND
LOT 1, RESUBDIVISION OF OUTLOT
A, WB DEVELOPMENT, A 21.26 ACRE
PARCEL LOCATED ON THE EAST
SIDE OF NAPLES AVENUE, SOUTH
OF ITS INTERSECTION WITH ALYSSA
COURT, FROM INTENSIVE
COMMERCIAL (C1-1) TO SENSITIVE
AREAS OVERLAY INTENSIVE
COMMERCIAL (OSA-CI-1).
WHEREAS, Maxwell Construction Inc., owns
Lot 8 and Outlot A, WB Development, and Lot 1 of
a Resubdivision of Outlot A, WB Development,
and has applied to rezone the property to OSA-CI-
1 to permit the grading and filling of critical slopes
(25% - 39% steep) and to permit grading and
filling in the required buffer area of protected
slopes (greater than 40% steep), as shown on the
attached rezoning exhibit; and
WHEREAS, the purpose of regulating
development on and near steep slopes is to
promote safety in the design and construction of
development, minimize flooding, landslides, and
mudslides, minimize soil instability, erosion, and
downstream siltation, and to preserve the scenic
character of hillside areas, particularly wooded
hillsides; and
WHEREAS, one purpose of the Sensitive
Areas Ordinance as a whole is to permit and
define the reasonable use of properties which
contain environmentally sensitive features and
natural resources while recognizing the
importance of environmental resources and
protecting such resources from destruction, and to
foster urban design that preserves open space
and minimizes disturbance of environmentally
sensitive features and natural resources; and
WHEREAS, the Sensitive Areas Ordinance
allows the alteration of critical slopes and the
alteration of the buffer area of protected slopes
with approval of a Sensitive Areas Overlay
rezoning and Sensitive Areas Development Plan,
and;
WHEREAS, the grading and filling in the area
labeled A of the rezoning exhibit is associated with
Ordinance No. 99-3874
Page 2
the installation of utlities and the construction of
Sierra Court, the private drive serving this site;
and
WHEREAS, while containing critical slopes
and protected slope buffer areas, the swale
labeled a~ B on the attached rezoning exhibit
does not contain any additionally enhancing
sensitive environmental features such as a grove
of trees or a stream corridor, nor is it scenic in the
sense that it does not contain woods or other
unique vegetation; and
WHEREAS, allowing the filling and grading of
the areas labeled as A and B on the attached
rezoning exhibit allows reasonable use of the
subject property; and
WHEREAS, the swale labeled as C on the
attached rezoning exhibit is an undisturbed,
wooded, scenic area primarily within an outlot
specifically set aside for open space and
stormwater management, and the Planning &
Zoning Commission has recommended the
removal of Area C from the rezoning exhibit and
Sensitive Areas Development Plan, such that
grading and filling will not be permitted in Area C
as proposed; and
WHEREAS, the attached rezoning exhibit
constitutes the Sensitive Areas Development Plan
associated with the proposed rezoning to SAO-CI-
1, and represents that filling and grading which is
permitted in areas of critical and protected slopes.
Further, a grading plan will need to be approved
prior to development activity taking place on the
property.
NOW, THEREFORE, BE IT C)RDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. The property legally
described below is hereby reclassified from its
current designation of C1-1 to OSA-CI-1, and the
Sensitive Areas Development Plan submitted by
the applicant, as shown on the attached rezoning
exhibit, is hereby approved, subject to the removal
of the proposed grading and filling on Area C from
the plan:
Lot 8 and Outlot A, WB Development, Iowa
City, Iowa in accordance with the recorded
plat in Book 36, at Page 118, of the Records
of the Johnson County Recorder's Office, and
Lot 1, of the resubdivision of Outlot A, WB
Development, Iowa City, Iowa, in accordance
with the plat recorded in Book 38, at Page
201, of the Records of the Johnson County
Recorder's Office.
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 final
passage, approval, and publication of this
Ordinance No. 99-3874
Page 3
ordinance as provided by law.
SECTION III. CERTIFICATION AND
RECORDING. Upon passage and approval of this
Ordinance, the City Clerk is hereby authorized
and directed to certify a copy of this Ordinance for
recordation in the Office of the Recorder, Johnson
County, Iowa, at the property owner's expense, all
as provided by law.
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 unconsti-
tutional.
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 23rd day of
.t'~~ ,19 99
'MAYOR
A'I'I"EST: C~iTy~ W.
ppdadmin~n:l~ally~sa.dod
Ordinance No.
Page 4
99-3874
It was moved by Thornberry and seconded by
Ordinance as mad be adopted, and upon mllcallthem were:
AYES: NAYS: ABSENT:
X
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
O'Donnell
that the
Fimt Consideration 1/26/99
Votefor passage: AYES: Lehman, Norton, 0'Donne]],
Vanderhoef, Champion. NAYS: Kubby. ABSENT: None.
Thornberry,
Second Consideration 2/9/99
Vote for passage: AYES: O' Donne] ], Thornberry,
Lehman, Norton. NAYS: Kubby. ABSENT: None.
Date published 3/3/99
Vanderhoef, Champion,
Prepared by: Dennis J, Mitchell, Asst. City Attorney; 410
E. Washington St.; Iowa City, IA 52240; (319) 356-5030
ORDINANCE NO. 99-3875
ORDINANCE AMENDING CITY CODE TITLE.9,
CHAPTER 4, ENTITLED "PARKING
REGULATIONS," ARTICLE 4, ENTITLED
"GENERAL PARKING RESTRICTIONS",
SECTION H, ENTITLED "IN EXCESS OF
FORTY-EIGHT HOURS", REGARDING THE
STORAGE OF VEHICLES ON STREETS,
ALLEYS, AND PUBLIC PROPERTY.
WHEREAS, the storage of vehicles on city
streets is in violation of City Code; and
WHEREAS, it would be in the public interest
to prescribe the distance a vehicle must be
moved every forty-eight (48) hours to avoid
penalty under this section.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Amending Sec-
tion 9-4-4H to read as follows:
In Excess of Forty-Eight Hours: No vehicle
shall be parked or remain at the same location
upon any street, alley or public ground at any
time for a period longer than forty-eight (48)
hours. Vehicles must be moved at least
twenty (20) feet in distance during each forty-
eight (48) hour time period in order to avoid
penalty under this section.
SECTION II, REPEALER. All ordinances
and parts of ordinances in conflict with the
provisions of this Ordinance are hereby re-
pealed.
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 pas-
sage, approval and publication, as provided by
law.
Ordinance No. 99-3875
Page 2
Passed and approved this 23rd day of
February , 1999
MAYOR
~",~ ,~,. ' '
City Attorney's Office
Marym/misc/48hours
Ordinance No. 99-3875
Page 2
It was moved by Thornberry and seconded by
O~inance as read be adopted, and upon rollcallthem wem:
AYES: NAYS: ABSENT:
X
X
X
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
O' Donnel 1 that the
Fimt Consideration 1126/99
Votefor passage:AYES:Vanderhoef,
Thornberry. NAYS: Champion, Kubby.
Lehman,
ABSENT:
Norton, O'Donnell,
None.
Second Consideration 2/9/99
Vote for passage: AYES:Lehman, Norton, O'Donnell,
Vanderhoef. NAYS: Champion, Kubby. ABSENT: None.
Datepublished 3/3/99
Thornberry,
Prepared by: Doug Ripley, Traffic Engineering, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252
ORDINANCE NO. 99-3876
AN ORDINANCE AMENDING TITLE 9 OF THE
CITY CODE OF IOWA CITY ENTITLED
"MOTOR VEHICLES AND TRAFFIC," BY
AMENDING CHAPTER 3, SECTION 6B
THEREIN TO REDUCE THE SPEED LIMIT ON
NAPLES AVENUE FROM THE CITY LIMIT TO
THE INTERSECTION WITH IOWA HIGHWAY 1.
WHEREAS, the City Code provides that speed
limits may be increased or decreased upon the
basis of an engineering and traffic investigation
by the City Manager, as designee, where such
greater or lesser speed is reasonable and safe
under the conditions presented; and
WHEREAS, the section of Naples Avenue from
the city limit to the intersection with Iowa
Highway 1 is now suburban, rather than rural, in
nature; and
WHEREAS, a traffic investigation indicates that
thirty-five (35) miles per hour is an appropriate
speed for this section of Naples Avenue.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENTS. Title 9 of the City
Code, entitled" Motor Vehicles and Traffic",
Chapter 3, Section 6, entitled "speed restrictions,"
Subsection B, is hereby amended by adding the
following provision:
Name of Maximum Where Limit
Street Speed Applies
Limit
(mph)
Naples 35 From the City limits
Avenue to the intersection
with Iowa Highway 1
SECTION II. REPEALER. All ordinances and
pads 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
pad thereof not adjudged invalid or unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
Ordinance No.
Page 2
99-3876
approval and publication, as provided by law.
Passed and approved this. 23r'd day of
February ,19 99 ·
ATTEST: CL~:~,..,~.) ~/'~. ~/~
CITY CL
Ordinance No. 99-3876
Page 3
It was moved by Thornberry and seconded by
Ordinance asread be adop~d, and upon r011calltherewem:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Nodon
X O'Donnell
X Thomber~
X Vande~oef
Norton that the
Fimt Considemtion 1/26/99
Votefor passage: AYES:Champion, Kubby, Lehman, Norton, 0'Donnell,
Thornberry, Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration 2/9/99
Vote for passage: AYES: Kubby, Lehman, Norton, O'Donnell, Thornberry,
Vanderhoef, Champion. NAYS: None. ABSENT: None.
Date published 3/3/99