HomeMy WebLinkAbout1999-08-24 OrdinanceOrdinance No.
Page 2
street parking cannot be provided on the property
where the principal use is located and such
parking will bo oonstructcd on a scparato lot prior
to cstablishmont of a principal use on that lot; or
4) uses are located in the CB-2 zone, and/)
provided the following conditions are met:
[remainder omitted]
14-6N-1 C(2)(c) be added as follows:
c. In the same zone as the principal us ,
except non-required off-street parking may e
2. Commercial and Comme cial or
strial (CC-2, CH-1, C1-1, I-1 and I- zones),
the principal use is established prior to
the s exception ap
1 be amendE
7. In sessing an
exception, e Board shall
stacking
separate from
pedestrian and
detrimental
appearance
of the
required
parking. /
SECT~N II.
follows:
for a special
consider the
of off-street parking and
and drives on a lot
Jse served in terms of
traffic safety; any
on adjacent property; the
as a consequence
and in the case of non-
for additional off-street
All ordinances
conflict with the provi-
ereby repealed.
be ~judged to be invalid
suc_~ adjudication shall not
th'Ordinance as a whole
o/~noc/ision or part thereof not ad
onstitutional.
SECTION IV. EFFECTIVE
nance shall be in effect after its
approval and publication, as provided
Passed and approved this
,1999.
If any
~e Ordinance shall
unconstitutional,
the validity of
any section,
ged invalid or
This Ordi-
passage,
law.
day of
MAYOR
ATTEST:
CITY CLERK
love ~y's~
jccogtp\ord~ffstrpk.doc
Prepared by: Bob Miklo, Senior Planner, 410 E.
Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO. 99-3894
ORDINANCE CONDITIONALLY '
CHANGING THE ZONING DESIGNATION
OF APPROXIMATELY .33 ACRES FROM
MEDIUM DENSITY SINGLE-FAMILY (RS-8)
TO COMMUNITY COMMERCIAL (CC-2) TO
ALLOW EXPANSION OF KENNEDY
PLAZA FOR PROPERTY LOCATED ON
THE WEST SIDE OF GILBERT COURT
NORTH OF BENTON STREET.
WHEREAS, the applicant, Hodge
Construction, has requested that the City rezone
approximately .33 acres of property located on
the west side of Gilbed Court north of Benton
Street from RS-8 to CC-2; and
WHEREAS, the Comprehensive Plan depicts
this as an area of transition from commercial to
residential; and
WHEREAS, the applicant has submitted a
concept site plan indicating how development of
this property will result in a buffer between
commercial and residential development; and
WHEREAS, the applicant has agreed to
develop this property in accordance with the
terms and conditions of a conditional zoning
agreement to ensure an appropriate transition;
and
WHEREAS, the Planning and Zoning
Commission has recommended approval of the
proposed rezoning subject to an appropriate
conditional zoning agreement.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. Subject to the
terms and conditions of the conditional zoning
agreement, attached hereto and incorporated by
reference herein, property described below is
hereby reclassified from its present classification
of RS-8 to CC-2:
THE EAST 100 FEET OF LOTS 6 AND 7 IN
BLOCK 4, LYON'S FIRST ADDITION TO
IOWA CITY, IOWA, ACCORDING TO THE
PLAT THEREOF RECORDED IN BOOK 12,
PAGE 188, DEED RECORDS OF
JOHNSON COUNTY, IOWA, ALSO
INCLUDING; THE EAST 100 FEET OF THE
Ordinance No. 99-3894
Page 2
ALLEY BETWEEN THE STREETS
ORIGINALLY DESIGNATED AS MAIDEN
LAND AND GILBERT STREET AT
LAFAYETTE STREET IN BLOCK 4, LYON'S
FIRST ADDITION, IOWA CITY, IOWA
ACCORDING TO THE PLAT THEREOF
ORIGINALLY RECORDED IN BOOK 12,
PAGE 182, DEED RECORDS OF
JOHNSON COUNTY, IOWA AND
RERECORDED IN BOOK 2, PAGE 31
RECORDS OF JOHNSON COUNTY, IOWA.
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 final
passage, approval, and publication of this
Ordinance as provided by law.
SECTION III. CONDITIONAL ZONING
AGREEMENT. The Mayor is hereby authorized
and directed to sign, and the City Clerk to attest,
the Conditional Zoning Agreement between the
owners of the property and the City, following
passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND
RECORDING. The City Clerk is hereby
authorized and directed to certify a copy of this
Ordinance and Conditional Zoning Agreement
and to record the same in the Johnson County
Recorders Office at the applicant's expense upon
passage and approval of this Ordinance.
SECTION V. REPEALER. All ordinances
and parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION VI. 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 VII. EFFECTIVE DATE. This
Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this ?4th day of
i~_/~. , 1999~;~~.m~ ~
ATI'EST: CL/L/L~,~4~r-,~,~ ~. ~('/,,~e~ ~
CITY
Ordinance No. 99-3894
Page 3
It was moved by Vanderhoef and seconded by
Ordinance as read be adopted, and upon rollcalltherewere:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
X O'Donnell
X Thomberry
X Vanderhoef
Thornberry that the
Fimt Considemtion 7/27/99
Votefor passageAYES: Thornberry, Vanderhoef, Champion, Kubby,
Norton, 0'Donnell. NAYS: None. ABSENT: Lehman.
Second Consideration
Vote for passage:
Date published 9/1/99
Moved by Vanderhoef, seconded by Thornberry, 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, Kubby, Lehman, Norton. NAYS: None.
ABSENT: None.
Prepared by: Robert Miklo, Senior. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City") and Kennedy Plaza Inc. (hereinafter "Owner").
WHEREAS, Owner has requested that the City rezone approximately .33 acres of property
located on the west side of Gilbert Court north of Benton Street from RS-8, Medium Density
Single-Family Residential, to CC-2, Community Commercial; and
WHEREAS, the property is in an area designated on the comprehensive plan as a transition from
commercial to residential; and
WHEREAS, Iowa Code §414.5 (1999) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in
order to satisfy public needs directly caused by the requested change; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to
ensure appropriate use of this property in relation to surrounding properties; and
WHEREAS, Owner has agreed to use this property in accordance with the terms and conditions of
a conditional zoning agreement to ensure the development of this property provides an
appropriate transition.
NOW, THEREFORE, in consideration of mutual promises contained herein, the parties agree as
follows:
Kennedy Plaza Inc. is the owner and legal title holder of property located on the west side
of Gilbert Court north of Benton Street, which property is more particularly described as
follows:
THE EAST 100 FEET OF LOTS 6 AND 7 IN BLOCK 4, LYON'S FIRST ADDITION TO
IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK t2,
PAGE 188, DEED RECORDS OF JOHNSON COUNTY, IOWA, ALSO INCLUDING; THE
EAST 100 FEET OF THE ALLEY BETWEEN THE STREETS ORIGINALLY
DESIGNATED AS MAIDEN LAND AND GILBERT STREET AT LAFAYETTE STREET IN
BLOCK 4, LYON'S FIRST ADDITION, IOWA CITY, IOWA ACCORDING TO THE PLAT
THEREOF ORIGINALLY RECORDED IN BOOK 12, PAGE 182, DEED RECORDS OF
JOHNSON COUNTY, IOWA AND RERECORDED IN BOOK 2, PAGE 31 RECORDS OF
JOHNSON COUNTY, IOWA.
Owner acknowledges that the City wishes to ensure the appropriate development of the
subject property as a buffer between commercial and residential development that is
compatible with adjacent properties. Therefore, Owner agrees to certain conditions above
and beyond City regulations in order to ensure that use of the subject property provides an
adequate transition area and does not negatively affect adjacent properties.
Page 2
In consideration of the City's rezoning the subject property from RS-8 to CC-2, Owner
agrees that use of the subject property shall conform to the requirements of the CC-2 zone
as well as the following additional conditions.
Development of the property shall generally conform to the site plan reviewed by the
Planning and Zoning Commission, a copy attached hereto and incorporated herein.
There shall be no vehicular access from this property to Gilbert Court. There shall be
a landscape buffer planted between this property and adjacent residential properties.
The City shall review and approve an outdoor lighting plan prior to issuance of a
building permit for this property.
The Owner acknowledge that the conditions contained herein are reasonable conditions to
impose on the land under Iowa Code §414.5 (1999), and that said conditions satisfy public
needs which are directly caused by the requested zoning change.
The Owner acknowledge that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this conditional
zoning agreement.
The parties acknowledge that this conditional zoning agreement shall be deemed to be a
covenant running with the land and with title to the land, and shall remain in full force and
effect as a 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.
Owner acknowledge that nothing in this conditional zoning agreement shall be construed to
relieve the Owner or Applicant from complying with all applicable local, state, and federal
regulations.
The parties agree that this conditional zoning agreement shall be incorporated by reference
into the ordinance rezoning the subject property; and that upon adoption and publication of
the ordinance, this agreement shall be recorded in the Johnson County Recorders Office at
the Owner's expense.
Dated this ? day of ~Jb[ ~ -
KENNEDY PLAZA INC. ~
By M~~"~
,1999.
CITY OFIOWA CITY
Ernest W. Lehma~, y
Attest:
Approved by:
Cit~%~s~'7-8
i~ari~City~lerk~'/r/p/
Page 3
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ("? day of ",J(.Z,- ~at~o , A.D. 19~ , before me, the undersigned, a
Notary Public in and for the St f Iowa, personally appeared Mike Hod e, to me personally
did say that he is the ,J,.-c<~
known, who, being by me duly sworn, -~"~)
of said corporation executing the within and foregoing instrument to which this is attached, that
(no seal has been procured by the said) corporation; that said instrument was signed (and
sealed) on behalf of (the seal affixed there o is the seal of said) said corporation by authority of its
voluntarily exac, itP. d
Notary Public in and ~ (jounty and State~
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this j~ '/L day of ~[~rS'T , 1999, before me, -~-'~r~ ~'-
"F'~rk , 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. ?~ - 3 E~z-/- passed by the City Council,
on the ~-,v' ~ day of H~,cLG~Sh--' , 1999, and that Ernest W. Lehman and
Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed
and the volultGl/.31"* 3"_'! r!~,~rl nf fhP. corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
ppdadm/agt/cza-kennedy.doc
My commission expires:
I~XIST. TRAN~ TRT~'~T~,'
*'--..._ S89'36'14'F .
18,1'
9
10 '~ 7
26 11 t
~ 21 c, I I
LOT TO Bl:' 6' P.C.C. 20
~4P~I 6' CURB AND 47.6'
GU T'I'~R,
2) DETAJL CRADING PLAN
TO BE INCLUDE0 WSTH O v,---___~
CONS"I~UCTION 0RAWINGS.
APPROVE:0 BY 'THE . I 44o ~-
OTY OF IOWA CITY, ~ '
· _1
CPJ. PiC SC~ IN ~
Sheet Title, ~V~,,w_~/r
SITE PLAN M S CONSU~,TANTS, INC
ProJect Title,
KENNEDY PLAZA M Zom~ City, Iow~.(3lS) 351-eee~
· ,',,n, ,,~,, ,^,,,, I)esiD,wd b~ I~m b~ I Checked
Prepared by: Mis a Goodman, Animal Shelter Supervisor, 410 E. Washington St., IoWa City, IA 52240; 319-356-5295
ORDINANCE NO.
//
ORDINANCE AMENDING TITLE' 8,
TITLED "POLICE REGULATIONS",
,PTER 4, ENTITLED
"AI CONTROL". ,'
/
EREAS, thirty-five percent ¢5%) of all
im d animals have been imp.~)unded upon
a date and less than five'rpercent (5%)
of all als impounded hav~ any type of
traceable ~ti~cation; and,
the injection a microchip will
allow the ri. owner of ar ~ounded animal
to be located ledlately, reducing the
number of
shelter and the
be euthanized due
WHEREAS, it w~
to clarify that an
constitute a fence
animal control
held in the animal
animals which must
'crowding; and,
be in the public interest
/isible fence does not
loses of the City's
as invisible fences
provide no r passers-by and
furthermore no mans to contain an
animal once it crossed t designated plane;
it woul ' ' '
to clarify the
in a propel circus.
THE CI' COUNCIL
CITY, tl~
SI I. Title 8, enti d Police
RegL Chapter 4, entitled "Animal
hea
~ns: \,
,/MICROCHIP: An encaps ated
,bioco. mpati.ble c.o. mp. uter chip, pro. g!ammed ith
identification.
FENCE: A physical barrier intended to
prevent escape or intrusion, entry or exit, made
of posts and wire, boards, stone, brinck, or
similar material. Invisible fencing systems using
underground wire or electronic collar devices are
not considered fencing for the purposes of this
Chapter.
SECTION II. Title 8, entitled Police
Regulations", Chapter 4, entitled "Animal
Control", Section 8, entitled "lmpoundment And
Redemption Of Animals", Subsection D, entitled
"Redemption Of Impounded Animals" is hereby
amended by adding the following:
3. Microchip requirement: All dogs and cats
over the age of four months, redeemed from
the shelter, will have a microchip
Ordinance No.
Page 2
identification implanted permanently into the
animal prior to redemption. Animals
displaying a microchip will not be re-chi
if the microchip is readable and traceabl to
a current owner.
SECTION Ill. Title 8, entitled
ulations", Chapter 4, entitled
;ontrol", Section 8, entitled "lmpoundr And
,demption Of Animals", Subsection entitled
gistry Kept" is hereby amended g
aragraph 1 as follows:
~e City personnel
horized to impound
iving any animal
shall make a
for ~h animal, entering
breed and sex of
tattoo ~mber and
animal
or veterinarian
upon
~ant to this
lete registration
date, species,
animal and any
licensed. If such
licensed, mpounding authority
or ~el shall the name and
address the number of the
license tag
SECTION I' tie8, entitled "Police
Regulations", CI .~r 4, entitled "Animal
Control", Section entitled "Prohibitions and
Requirements", is f amended as follows:
Subsection tied "Prohibited Animals"
is amended by
3. A ihich is part of a circus
that has a ~ under this Chapter.
Subsectio~ D, "Animals At Large",
subparagrapl 1, a is amended as
follows:
l a. It is or on enclosed fenced
premi,~ of the owner; or
V. REPEALI .. All ordinances
and par of ordinances in c nfiict with the
provisio
or part of the Ordin ce shall be
adjudg. to be invalid or unconsti tional, such
adjudi n shall not affect the v idity of the
as a whole or any sectio , provision
or thereof not adjud alid or
qstitutional.
VI. SEVERABILITY. If any
s. provision or part of the Ordinan e shall
adjudged to be invalid or unconstit ional,
Z h adjudication shall not affect the vail 'ty of
tl' Ordinance as a whole or any se ion,
SECTION VII. EFFECTIVE DATE. Th~s
Ordinance shall be in effect after ;trs° ~ne~
passage, approval and publication, as v
by law.
Ordinance No.
Page 3
Passed and approved this
,19__
MAYO?
ATTES'~:..
/, CITY CLERK
~ey°s Office
dennis.mit\ord\polreg,doc,
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i
/',
/
/
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day of__
Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5122
ORDINANCE NO. 99-3895
ORDINANCE AMENDING THE LICENSE
RENEWAL PROVISIONS OF THE PLUMBING
CODE AND THE ELECTRICAL CODE TO
PROVIDE A HARDSHIP EXCEPTION TO THE
RENEWAL DEADLINES.
WHEREAS, all plumbing and electrical licenses
expire on December 31'~ of each year and are
required to be renewed with sixty (60) days of
this expiration date; and
WHEREAS, a plumber or electrician who fails
to renew his or her license within this sixty (60)
day period must retake an examination in order
to re-gain his or her license; and
WHEREAS, it would be in the public interest
to provide a hardship exception to this
requirement.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. Title 14, Chapter 5, Article B,
entitled "Plumbing Code", Section 6, entitled
"Licensing Requirements for Plumbers,"
Subsection G, entitled "License Renewals," is
hereby amended by adding the following
sentence to the end of paragraph 1:
Notwithstanding the above, upon
application the Board of Appeals may
waive the reexamination requirement for
licenses which are not renewed within
the sixty (60) day period if the licensee
provides evidence that the failure to
renew was due to medical reasons or
other circumstances beyond the control
of the licensee.
SECTION II. Title 14, Chapter 5, Article C,
entitled "Electrical Code", Section 17, entitled
"Renewals," is hereby amended by adding the
following sentence to the end of paragraph A:
Notwithstanding the above, upon
application the Board of Appeals may
waive the reexamination requirement for
licenses which are not renewed within
the sixty (60) day period if the licensee
provides evidence that the failure to
renew was due to medical reasons or
Ordinance No. 99-3895
Page 2
other circumstances beyond the control
of the licensee.
SECTION III. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION IV. 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 V. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 24t, h day of
ATTEST: ~K~- ~K/'~
City Attorney's Office
Ordinance No. 99-3895
Page 3
It was moved by Champion and seconded by
Ordinance asread be adopted, and upon rollcallthem were:
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
No~on
O'Donnell
Thomberry
Vanderhoef
Norton that the
Fimt Consideration 7/13/99
Voter or passage:AYES: Kubby, Lehman, Norton, O'Donnell,
Thornberry, Vanderhoef, Champion. NAYS: None. ABSENT: None.
Second Consideration 7/27/99
Votefor passage: AYES:Kubby, Norton, O'Donnell, Thornberry,
Vanderhoef, Champion. NAYS:. NOne. ABSENT: Lehman.
Date published 9/1/99