Loading...
HomeMy WebLinkAbout2005-09-06 Ordinance J:--- --.:i ." - Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ03-00019) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 92 ACRES FROM INTERIM DEVELOPMENT RESIDENTIAL (ID-RS) ZONE TO LOW DENSITY SINGLE FAMILY-SENSITIVE AREAS OVERLAY (OSA-5) ZONE FOR PROPERTY LOCATED WEST OF KENNEDY PARKWAY AND EAST OF CAMP CARDINAL ROAD (REZ03-00019) WHEREAS, the property owner, Alfred and Wilfreda Hieronymous, has requested a rezoning from ID-RS to OSA-5 to allow a single family residential subdivision; and WHEREAS, the property contains wetlands regulated by the Sensitive Areas Ordinance; and WHEREAS, the applicant has requested variations from the buffer requirements and buffer averaging for portions of the regulated wetlands; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed Sensitive Areas Development Plan, which provides for reduction of certain wetland buffers and averaging of other wetland buffers; and WHEREAS, the Planning and Zoning Commission has recommended approval of the Sensitive Areas Development Plan, including the wetland buffer modifications and averaging; and WHEREAS, Iowa Code 414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the applicant has requested a waiver of requirements for extension of sanitary sewer lines to adjacent properties; and WHEREAS, the Planning and Zoning Commission has reviewed the requested waiver and has recommended approval, provided that provisions be made through easements and payments for the future extension of the required sewer; and WHEREAS, the applicant acknowledges that said conditions and restrictions are reasonable to ensure appropriate and necessary extension of sanitary sewer infrastructure; and WHEREAS, the applicants have agreed to develop this property in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate future extension of the sanitary sewer system in this area of the City; and WHEREAS, the Planning and Zoning Commission has found that the proposed rezoning and associated Sensitive Areas Development Plan to be in conformance with the Comprehensive Plan for the area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the parcel described below is hereby reclassified from its current zoning designation of ID-RS to OSA-5 and the associated preliminary Sensitive Areas Development Plan is approved: THE FOllOWING lEGAL DESCRIPTION HAS BEEN COMPilED FROM DEEDS AND PLATS OF RECORD. THE WEST FRACTIONAL HALF OF THE NORTHWEST QUARTER, EXCEPT THE FOllOWING DESCRIBED TRACT, TOWIT: COMMENCING 14 RODS EAST OF THE SOUTHWEST CORNER OF SAID WEST FRACTIONAL HALF OF THE NORTHWEST QUARTER, THENCE EAST 25 RODS, THENCE NORTH 21 RODS, THENCE NORTHWESTERLY TO A POINT 23 RODS NORTH OF THE PLACE OF BEGINNING, THENCE SOUTH 23 RODS TO THE PLACE OF BEGINNING, IN SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. ALSO AN EASEMENT FOR ROAD PURPOSES AND FOR RIGHT OF INGRESS AND EGRESS OVER THE WESTERLY 30 FEET OF THE OF THE NORTH 44 Yo RODS OF THE WEST FRACTIONAL HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. Ordinance No. Page 2 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 as provided by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owners and the City, following passage and approval of this Ordinance. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 _ day of ,20_. MAYOR ATTEST: CITY CLERK Ap~.~ 7/Z.7/0S- City Attorney's Office ppdadmlordlREZ03-00019.doc Ordinance No. Page _ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were; AYES: NAYS: ABSENT: Bailey Charnpion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 8/16/05 Vote for passage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT:' None. Second Consideration 9/6/05 Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS; None. ABSENT: None. Date published d~a- Prepared by: Mitchel T. Behr, Asst. City Attorney. 4]0 E Washington St, Iowa City,]A 52240. 319-356-5030 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City"), Albert N. Hieronymus, individually, and Albert N. Hieronymus as executor of the estate of Wilfreda A. Hieronymus (hereinafter "Owners"), and Southgate Development Company (hereinafter "Subdivider"). WHEREAS, Owners are owners and legal title holders of approximately 92.93 acres of property located north Melrose Avenue, west of the northwest terminus of Kennedy Parkway and the Walnut Ridge subdivision; and WHEREAS, the Owners and Subdivider have applied to rezone the property from Interim Development Residential (ID-RS) to Sensitive Areas Overlay Low Density Single-Family Residential (OSA-5); and WHEREAS, Subdiivider is subdividing said property according to the plat for the Cardinal Ridge subdivision; and WHEREAS, the Planning and Zoning Commission has recommended approval of said rezoning and subdivision subject to conditions related to infrastructure needs, specifically the provision of sanitary sewer to the southern boundary of the Property; and WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs that are directly caused by the requested change in zoning; and WHEREAS, the Owners and Subdivider acknowledge that certain conditions and restrictions are reasonable to ensure future infrastructure needs are adequately funded to minimize costs to the public and promote development; and WHEREAS, Owners and Subdivider agree to use this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: Conditional Zoning Agreement (REZ04-00030) Page 2 1. Owners are the legal title holders, and Southgate Development Company is the subdivider, of the property legally described as follows: THE WEST FRACTIONAL HALF OF THE NORTHWEST QUARTER, EXCEPT THE FOLLOWING DESCRIBED TRACT, TOW IT: COMMENC]NG 14 RODS EAST OF THE SOUTHWEST CORNER OF SAID WEST FRACTIONAL HALF OF THE NORTHWEST QUARTER, THENCE EAST 25 RODS, THENCE NORTH 2] RODS, THENCE NORTHWESTERL Y TO A POINT 23 RODS NORTH OF THE PLACE OF BEGINNING, THENCE SOUTH 23 RODS TO THE PLACE OF BEGINNING, ]N SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. ALSO AN EASEMENT FOR ROAD PURPOSES AND FOR RIGHT OF INGRESS AND EGRESS OVER THE WESTERLY 30 FEET OF THE OF THE NORTH 44 y, RODS OF THE WEST FRACTIONAL HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSH]P 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. 2. The Parties acknowledge that Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs directly caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owners and Subdivider agree that development of the subject property will conform to all other requirements of the Zoning Chapter, as well as the following conditions: a. The Subdivider shall, at Subdivider's expense, extend two 8 inch sanitary sewer lines to the south boundary of the property shared with the two adjacent properties (the Nepola and Ahrens tracts). Those two sewer lines shall run by the shortest possible routes from the east-west trunk sewer to be constructed by the Subdivider upon the property to the lowest and closest points on the boundaries of the Nepola and Ahrens properties such that sanitary sewer service is feasible on the those adjacent properties. The routes of those two sewer lines shall be agreed upon by the Subdivider and the Public Works Department of the City of Iowa City. The sewer lines to the Nepola and Ahrens tracts shall be constructed at the same time that the trunk sewer is constructed. The Subdivider and the City shall agree upon the sewer routes and construction plans as soon as possible, it being the intent to have agreed plans by October 1, 2005 so that construction of these sewers may be commenced as soon as possible following approval of final plats for the property. b. Prior to plat approval for any development of Outlot E or Outlot G, a traffic analysis on Kennedy Parkway will be completed by the City to determine if secondary access is required by the City's Secondary Access Guidelines. If secondary access is so required, there shall be no plat approval for any development of Outlot E or Outlot G prior to construction of secondary access deemed adequate by the City.. 4. Owners, Subdivider and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code Section 414.5 (2005), and that said conditions satisfy public needs which are directly caused by the requested zoning change. Conditional Zoning Agreement (REZ04-00030) Page 3 5. Owners, Subdivider and City 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. 6. 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. 7. Owners and Subdivider acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners, Subdivider or future owners from complying with all applicable local, state, and federal regulations. 8. 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 Recorder's Office at the applicant's expense. h. Remainder of this Page has been left Blank Intentionally h. Conditional Zoning Agreement (REZ04-00030) Page 4 Dated this 'A/H! day of August, 2005. . I OWNERS CITY OF IOWA CITY, IOWA <m1<o By Albert N. Hieronymus, Indiv'oually Ernest W. Lehman, Mayor ~ 1J,~~~ By Marian K. Karr, City Clerk Albert N. Hieronymus Executor of the Estate for Wilfreda A.Hieronymus SUBDIVIDER Southgate Deyelopment Company, Inc. By: ~~~ Teresa L. Morrow, Vice President A pproved by: ___~I'~_f-n-tJ5 City Attorney's Office Conditional Zoning Agreement (REZ04-00030) Page 5 OWNERS' ACKNOWLEDGEMENTS State of Iowa, County of Johnson ss: On this !&~ day Of~~ ' 2005, before me, a notary public for said state, personally appeared Albert . HIeronymus, to me known to be the person named In and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. i! TERESA l. MORROW ~d~ Commission Number 149499 My Commis~n Exeires ow II'CK '0 Notary Public for the State ofJowa State of Iowa, County of Johnson ss: On this ! 0 \tt. day of ~ ' 2005, before me, a notary public for said state, personally appeared Albert HIeronymus, to me known to be the person named In and who executed the foregoing instrument, and acknowledged that he is the executor of the estate for Wilfreda A.Heironymus, and further acknowledged that he executed the same in said capacity as his voluntary act and deed. ~d~ Notary Public for the State of Iowa SUBDIVIDER'S ACKNOWLEDGEMENT State of_\.D~-.b_______, County of ~~}.l~J~___ ss: This instrument was acknowledged before me on the l~ day of ~~.rt____, 2005 by Teresa L: Morrow, as Vice-President of Southgate Deyelopment Campa y, Inc. i) SHARI WELDON ---~--~------ Commission Number 193878 Notary Public in and for the State of Iowa My Commission jEires \;,)..\0'0 CITY OF IOWA CITY ACKNOWLEDGEMENT: State of Iowa, County of Johnson, ss: On this. day of , 2005, before me, the undersigned, a notary public for the state of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public for the State of Iowa Mitch/B/Cardinal Ridge/CZA... 8.10.05 Conditional Zoning Agreement (REZ04-00030) Page 6 ".~- "" Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00003) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 2.19 ACRES FROM INTENSIVE COMMERCIAL (CI-1) ZONE AND MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8) ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE FOR PROPERTY LOCATED BETWEEN NORTH DODGE STREET AND DODGE STREET COURT EAST OF CONKLIN LANE (REZ05-00003). WHEREAS, the property owner, Southgate Development Companies, has requested a rezoning to allow for a mixed use commercial and multi-family development in an area currently zoned CI-1 and RS-8; and WHEREAS, the North District Plan, an element of the Comprehensive Plan, indicates that this area may be appropriate for a mixed use commerciallresidential development provided neighborhood compatibility issues are addressed; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan if certain conditions are adhered to; and WHEREAS, Iowa Code 414.5 (2005) 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, the applicant acknowledges that said conditions and restrictions are reasonable to ensure appropriate mixed-use development that is compatible with adjacent residential development; and WHEREAS, the applicant has agreed to develop this property in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the parcel described below is hereby reclassified from its current zoning designations of CI-1 and RS-8 to CC-2: LEGAL DESCRIPTION A PORTION OF LOT 3, JACOB RICORD'S SUBDIVISION, LYING IN THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL 2005024 COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE SOoo35'41''W, 526.30 FEET; THENCE N89056'46"E, 45.47 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 954 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE POINT OF BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF IOWA STATE HIGHWAY NO.1; THENCE CONTINUING N89056'46"E, 0.86 FEET TO A 1 INCH PIPE ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE; THENCE N57000'09"E, ALONG SAID SOUTHEASTERLY RIGHT- OF-WAY LINE, 235.37 FEET; THENCE N57013'00"E, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 125.69 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 3 OF JACOB RICORD'S SUBDIVISION, IOWA CITY, JOHNSON COUNTY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 16 AT Ordinance No. Page 2 PAGE 34 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE N88004'36"E, ALONG SAID NORTHERLY LINE, 72.19 FEET; THENCE SOoo12'49"W, 334.12 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 3; THENCE S89059'21"W, ALONG SAID SOUTHERLY LINE, 81.66 FEET; THENCE N01014'32"E, 10.00 FEET; THENCE S89059'21"W, 324.64 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 955 IN SAID RECORDER'S RECORDS; THENCE NOoo42'29"E, ALONG SAID SOUTHERLY EXTENDED LINE AND LONG SAID EASTERLY LINE, 106.01 FEET TO A POINT ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE OF IOWA STATE HIGHWAY NO.1; THENCE N57002'22"E, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 35.72 FEET TO THE POINT OF BEGINNING, CONTAINING 2.19 ACRES 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 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 property owners and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 _ day of ,20_. MAYOR ATTEST: CITY CLERK Approved by ~~~ 7/~7/a5- ti 0 ney' Office Ppdadminlordlrez05-00003.doc Ordinance No. Page _ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 8/16/05 Vote for passage: AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration 9/6/05 Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell. NAYS: None. ABSENT: None. Date published Prepared by: Robert Miklo, Senior Planner, 410 E Washington St, Iowa City, IA 52240,319-356-5240 (REZ05-0003) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City"), and Southgate Development Company (hereinafter "Owner"). WHEREAS, the Owner is legal title holder of approximately 2.19 acres of property located south of Dodge Street, east of Conklin Lane and north of Dodge Street Court; and WHEREAS, the Owner has applied to rezone the property from Intensive Commercial (CI-1) and Medium Density Single-Family (RS-8) to Community Commercial (CC-2); and WHEREAS, the Planning and Zoning Commission has recommended approval of said rezoning subject to conditions related to ensuring that the property develops in a manner consistent with the Comprehensive Plan and compatible with the adjacent neighborhood; and WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs that are directly caused by the requested change in zoning; and WHEREAS, the Owners acknowledge that certain conditions and restrictions are reasonable to ensure that the property develops in a manner consistent with the Comprehensive Plan and compatible with the adjacent neighborhood; and WHEREAS, Owners agree to use this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Southgate Development Company is the owner and legal title holder of the property legally described as follows: LEGAL DESCRIPTION A PORTION OF LOT 3, JACOB RICORD'S SUBDIVISION, LYING IN THE NORTHEAST ONE- QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE Sill P.M., lOW A CITY, JOHNSON COUNTY, lOW A ACCORDING TO THE RECORDED PLAT THEREOF, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL 2005024 Conditional Zoning Agreement (REZ05-0003) Page 2 COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, lOW A CITY, JOHNSON COUNTY, lOW A; THENCE SOoo35'41"W, 526.30 FEET; THENCE N89056'46"E, 45.47 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLA T RECORDED IN BOOK 3672 AT PAGE 954 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE POINT OF BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF IOWA STATE HIGHWAY NO.1; THENCE CONTINUING N89056' 46"E, 0.86 FEET TO A 1 INCH PIPE ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE; THENCE N57000'09"E, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 235.37 FEET; THENCE N57013'OO"E, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 125.69 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 3 OF JACOB RICORD'S SUBDIVISION, lOW A CITY, JOHNSON COUNTY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 16 AT PAGE 34 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE N88004'36"E, ALONG SAID NORTHERLY LINE, 72.19 FEET; THENCE SOooI2'49"W, 334.12 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 3; THENCE S89059'21"W, ALONG SAID SOUTHERLY LINE, 81.66 FEET; THENCE NOloI4'32"E, 10.00 FEET; THENCE S89059'21"W, 324.64 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 955 IN SAID RECORDER'S RECORDS; THENCE NOoo42'29"E, ALONG SAID SOUTHERLY EXTENDED LINE AND LONG SAID EASTERLY LINE, 106.01 FEET TO A POINT ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE OF IOWA STATE HIGHWAY NO.1; THENCE N57002'22"E, ALONG SAID SOUTHEASTERLY RIGHT-OF- WAY LINE, 35.72 FEET TO THE POINT OF BEGINNING, CONTAINING 2.19 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Parties acknowledge that Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs directly caused by the requested change. 3. In consideration of the City's rezoning the subject property, the Owner agrees that development of the subject property will conform to all other requirements of the Zoning Chapter, as well as the following conditions: a. The property shall develop in general conformance with the concept site plan and concept sketches attached hereto and incorporated herein. Any subdivision or site plan shall generally conform to the concept site plan. Any material changes from the concept site plan and concept sketches shall require review and approval of the Planning & Zoning Commission. b. Buildings on this property shall develop in general conformance with the concept sketches attached hereto and incorporated herein. The buildings to be constructed on this property will be predominantly brick buildings limited to 2 stories in height and featuring store front windows, canopies or awnings and upper story fenestration as illustrated on the concept sketches. Masonry, cedar, or architectural metal may be used for some of the finishes. Masonry is defined as stone, flush formed concrete with a recessed relief pattern, stucco, or stone-like textured concrete blocks or masonry units, but does not include flat surfaced concrete block. c. The building labeled on the concept site plan as a financial institution may be used for a financial institution or any other use permitted in the CC-2 Zone. d. Other than a possible exit drive for a financial institution drive-through, there shall be no driveways serving commercial uses on Dodge Street Court. Auto and truck oriented uses, including drive-through financial institutions, require approval of a special exception. Nothing in this agreement waives this requirement. If a financial institution drive-through is not located as shown on the concept plan, the portion of the area labeled as a "drive-thru exit" contained within the required set back from Dodge Street Court shall consist of lawn or landscaping. Conditional Zoning Agreement (REZ05-0003) Page 3 e. To assure adequate pedestrian access sidewalks will be provided in the general locations shown on the concept site plan. f. To create an adequate buffer between residential and commercial development a minimum 5 foot tall brick screen wall and trees shall be installed along Dodge Street Court as shown on the concept site plan and concept sketches. g. Other. than signs permitted on the buildings by the Iowa City Sign Regulations and as further regulated below, exterior signs will be limited to two monument signs on Dodge Street in the general locations shown on the concept site plan. If a monument sign is located at the corner of Dodge Street and Conklin Lane it shall be located no farther than 20 feet back from the Dodge Street right-of-way. No signs shall be permitted on the south side of any building. Within 50 feet of Dodge Street Court right-of-way, no signs shall be permitted on the west and east sides of the building labeled as a financial institution. Within 200 feet of the Dodge Street Court right-of-way, no signs shall be permitted on the east side of the commercial/retail building. h. Any lighting located within the financial institution drive-through canopy shall be recessed into the underside of the canopy i. The owner will pay Yo the cost (not to exceed a payment of $60,000) of improving the portion of Dodge Street Court located adjacent to this property to City standards, unless the property is developed with no access to or from Dodge Street Court. j. The owner will dedicate sufficient right-of-way to bring the Dodge Street Court right-of-way width to 50 feet. k. If the property is developed with a driveway on Dodge Street Court serving commercial use, the owner will dedicate 10 feet of right-of-way for Conklin Lane. I. The property will be designed to drain on-site storm water away from Dodge Street Court. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code Section 414.5 (2005), and that said conditions satisfy public needs which are directly caused by the requested zoning change. 5. The Owner and City 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. 6. 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. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or future owners from complying with all applicable local, state, and federal regulations. 8. 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 Recorder's Office at the applicant's expense. *** Remainder of this Page has been left Blank Intentionally *** Conditional Zoning Agreement (REZ05-0003) Page 4 Dated this day of ,2005. OWNER CITY OF lOW A CITY, IOWA SOUTHGATE DEVELOPMENT COMPANY, INC. ~if~ By Teresa L. Morrow Ernest W. Lehman, Mayor Vice-President By Marian K. Karr, City Clerk Approved by: Jf,~ ~ t6!7ft~ City Attorney's Office Conditional Zoning Agreement (REZ05-0003) Page 5 OWNER'S ACKNOWLEDGEMENT State of \c5\.l.)Ck ,CountyofJoh n\Cf\ ss: This instrument was acknowledged before me on the -.lL day of k ~{ \ ~t, 2005 by Teresa 1. Morrow, as Vice-President of Southgate Development Company, Inc. ' II .......- ~ ' A;~ kc Cnll . .<>:;;-' _ "".. N_ P lid. mdf" tho Slak ofIo~ ,\Ot~~ CITY OF IOWA CITY ACKNOWLEDGEMENT: State ofIowa, County of Johnson, ss: On this. day of , 2005, before me, the undersigned, a notary public for the state of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City ofIowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public for the State ofIowa Ppdadmin\agtICZA-REZ05-0003Southgate.doc v !l 12 ,t.. _.. M...o.. ~ SouthGate . .u..o~ .. . .o.O<M'''''' :: J 'll . Concept .~ ' 'V' Site Plan I / :' . t1 North Dodge .1) 1 . Developrnent Iowa City, Iowa ':J J I~- ~ , , " ~ I~ . 0 _~jU - =~ ..-.- Whotef'l~. (- ""'" - , ~~~,,!~Ie. -. t--I- -l ... - fl' ' -- r-t"j "-r-"--T -1 'I n+ll ( :.Jtt 'i ! I I r I ... '. , r ! ! -I +---1- + -.,_.+ I : t i I t II I r ~, I ; I ! r I · · I --l .~. .J.!-"':_-'_~. J l Ir~ II >Ir' N. 'iT-r---r--;i . I 818 ! I I I i >------..-.J I' t 1 I J I I I tJ~ "w~~_ ~ -- _.~... ~ 12 ,.. )" ... ~..., . SouthGate <AU'"'' H ....."<<... North Dodge Development Iowa City, Iowa 1---' - \ 't-N"~ 5cra:" (lX~o,J) 1''' "'..~ Nor!~ t::bdq< I c.Ct.-\..-t " 6ec.fiDl"l A ~ F-Ocrel"~ Li~/ ~,o w b{-,reeVl \NAP ~ (.2.-e.-C".> ComlTlectio.l/Re~iden-ko.l ~erl\a.1 foildi"9t ClruA'tiM Concept Sketches 'LPrlVe.-nwv Exi~ o"l~ oouth elevation ~ "'- ;1 .. a. _00 8~1 0.. .-5 <~5 "- ~ o. ~~l o~ UCIl 1 . , .f"' , J! ~ , , . . ] , f t li _1 .! !' 11 , , \' , of! , ~l '\1 11 = - , - - ~ , I 11:=",", I Sct=n (~) f" ,iF";'! i I I I ~.t"",A ~~Line/~.O'" I . "",,<eo.o.;.rl Of""" ~... "" I 0<< ~i"'''I -....., Cook~f\ flI'. w/Orive- ' f """.".., I Etit,"", Oovth clevalion ~ - .:It5<f. ! ....""-- ~ .~ , , 1'2 ,.. ! .. ........ """"'" ....."." .......". North Dodge Development Iowa City. Iowa , i , I , c-."otiol/'.......oI ..... ,,"~i"9~ -... ....", Concept .- Sketches ~. . _I lS~~ M\?;, ~ 0 Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street,lowa City, IA 52240; 319-356-5243 (REl05-oo008) ORDINANCE NO. 05-4175 05-4175 AN ORDINANCE REZONING APPROXIMATELY 3.16 ACRES FROM INTERIM DEVELOPMENT RESIDENTIAL ZONE (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (RS-5) FOR PROPERTY LOCATED EAST OF HIGHWAY 218 AND SOUTH OF MELROSE AVENUE WHEREAS, Dav-Ed Limited has applied for a rezoning of approximately 3.16 acres of property from ID-RS to RS-5; and WHEREAS, said property is located on the south side of Melrose Avenue and east of Highway 218; and WHEREAS, the South District Plan identifies the area as appropriate for low to medium density single family, residential development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has heard public input, and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Attached hereto and incorporated herein, the property described below is hereby reclassified from Interim Development Residential Zone (ID-RS) to Low Density Single-Family Residential zone (RS- 5): Commencing at the Northwest corner of Galway Hills Subdivision - Part Two, in accordance with the Plat thereof recorded in Book 35, at Page 269 of the records of the Johnson County Recorder's Office; Thence S57"15'00"E, along the Southerly Right-of-Way line of Melrose Avenue, 35.44 feet; Thence S8404TOO"E, along said Southerly Right-of-Way line, 121.65 feet, to the POINT OF BEGINNING; Thence SOoo23'OO"E, 628.70 feet, to a point on the Northeasterly Right-of-Way line of Highway No. 218; Thence N43021'50'W, along said Northeasterly Right-of-Way line, 189.34 feet; Thence N30016'13''W, along said Northeasterly Right-of-Way line, 365.14 feet; Thence N25031'06'W, along said Northeasterly Right-of-Way line, 180.67 feet, to its intersection with the said Southerly Right-of-Way line of Melrose Avenue; Thence N88008'02"E, along said Southerly Right- of-Way line, 387.90 feet, to said POINT OF BEGINNING; containing 3.16 acres, and 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 by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 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. ~P7%..:YOf September ,20-9,L. AYOR lJ . . II. J.: \ ATTEST: ~A~(/ . t;l/[t/ CIT LERK 2J ./ If'. .... // / ppdadmlordlREZ05-00008.doc Ordinance No. 05-4175 Page ~ It was moved by Bailey and seconded by Wilburn that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion x Elliott x Lehman x O'Donnell x Vanderhoef X Wilburn First Consideration 8/2/05 Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None. ABSENT: None. Second Consideration 8/16/05 Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None. ABSENT: None. Date published 9/14/05 ;' " s~ repared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ05-000 8) ORDINANCE NO. 05-4175 AN ORD ANCE REZONING APPROXIMATELY 3.16 ACRES FROM INTERIM D RESIDEN L ZONE (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZO PROPERT OCATED EAST OF HIGHWAY 218 AND SOUTH OF MELROSE AVENU WHEREAS, Da d Limited has applied for a rezoning of approximately 3.16 acres property from ID-RS to RS-5; and WHEREAS, said prop is located on the south side of Melrose Avenue and eas f Highway 218; and WHEREAS, the South D trict Plan identifies the area as appropriate for low t medium density single family, residential development; and WHEREAS, the Planning an oning Commission has reviewed the prop ed rezoning and has heard public input, and has recommended appro I. NOW, THEREFORE, BE IT ORD ED BY THE CITY COUNCIL OF T CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Attached ereto and incorporated herein he property described below is hereby reclassified from Interim Development Resl ntial Zone (ID-RS) to Low ensity Single-Family Residential zone (RS- 5): Commencing at the Northwest corner of Gal thereof recorded in Book 35, at Page 269 of th records of e Johnson County Recorder's Office; Thence S57"15'00"E, along the Southerly Right-of-Way line f Melros Avenue, 35.44 feet; Thence S84047'00"E, along said Southerly Right-of-Way line, 121.65 feet, to the PINT F BEGINNING; Thence SOoo23'00"E, 628.70 feet, to a point on the Northeasterly Right-of-Way line of . hway No. 218; Thence N43021'50'W, along said Northeasterly Right-of-Way line, 189.34 feet; Thence N 16'13'W, along said Northeasterly Right-of-Way line, 365.14 feet; Thence N25031 '06'W, along said Northe ste Right-of-Way line, 180.67 feet, to its intersection with the said Southerly Right-of-Way line of Melrose venue, Thence N88008'02"E, along said Southerly Right- of-Way line, 387.90 feet, to said POINT OF BEGI ING; con ining 3.16 acres, and subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building I pector is hereby aut rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to t . amendment upon the fi I passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AN RECORDING. Upon passage a approval of the Ordinance, the City Clerk is hereby authorized and directe to certify a copy of this ordinance an to record the same, at the office of the County Recorder of Johnson Co ty, Iowa, at the owner's expense, all as p vided by law. SECTION V. REPEALER. II ordinances and parts of ordinances in co ict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABI TY. If any section, provision or part of the Ordinance sh I be adjudged to be invalid or unconstitutional, such a udication shall not affect the validity of the Ordinance as whole or any section, provision or part thereof n adjudged invalid or unconstitutional. SECTION VII. EF CTIVE DATE. This Ordinance shall be in effect after its final p publication, as provid bylaw. September ,20~. 7f '2-'" If!)'> ppdadm/ordiREZ05-00008.doc M\0 cJ (~. (j Prepared by: Karin Franklin, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5232 05-4176 ORDINANCE NO. 05-417 Ii AN ORDINANCE AMENDING SECTION 1-9-3B OF THE CODE OF ORDINANCES OF IOWA CITY, AND AMENDING THE BOUNDARIES OF CERTAIN VOTING PRECINCTS IN IOWA CITY TO REFLECT VARIOUS BOUNDARY CHANGES TO THE CORPORATE LIMITS OF IOWA CITY. WHEREAS, various boundary changes to the corporate limits of Iowa City have rendered the codified voting precincts inaccurate; and WHEREAS, while much of the land involved in the boundary changes is largely undeveloped, one residential unit adjacent to Precinct 7 has been annexed and is affected; and WHEREAS, it is appropriate and in the public interest to revise the boundaries of Precincts 8, 9 and 13 to reflect various boundary changes to the corporate limits of Iowa City; and WHEREAS, while the annexed residential unit adjacent to Precinct 7 is affected, due to the codified description of Precinct 7, no formal ordinance amendment is necessary to add that residential unit to Precinct 7. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Section 1-9-3B(8) of the Code of Ordinances of Iowa City is hereby amended by deleting said section and adopting in lieu thereof the following: 8. Precinct 8: Beginning at the intersection of Westwinds Drive and Mormon Trek Boulevard; south on Mormon Trek Boulevard to the north right-of-way line of Highway 1: west on the north right-of-way line of Highway 1 to Kitty Lee Road and the corporate limits of Iowa City; northwesterly following the Iowa City corporate limits to Melrose Avenue; east on Melrose Avenue to Westwinds Drive; south and east on Westwinds Drive to the point of beginning. Section 1-9-3B(9) of the Code of Ordinances of Iowa City is hereby amended by deleting said section and adopting in lieu thereof the following: 9. Precinct 9: Beginning at the intersection of Mormon Trek Boulevard and Melrose Avenue; east on Melrose Avenue to Westgate Street; south on Westgate Street to Keswick Drive; south on Keswick Drive to Benton Street; east on Benton Street to Teg Drive; south and east on Teg Drive and Aber Avenue to Sunset Street; south on Sunset Street to the south right-of-way line of Highway 1; west along the south right-of-way line of Highway 1 to the east right-of-way line of Highway 218 at Highway 1; south along the east right-of-way line of Highway 218 to the corporate limits of Iowa City; south, west and north along the corporate limits of Iowa City to the north right- of-way line of Highway 1; east on the north right-of-way line of Highway 1 to Mormon Trek Boulevard; west and north on Mormon Trek Boulevard to the point of beginning. Section 1-9-3B(13) of the Code of Ordinances of Iowa City is hereby amended by deleting said section and adopting in lieu thereof the following: 13. Precinct 13: Beginning at the intersection of Benton Street and Miller Avenue; south on Miller Avenue to Highway 1; east on Highway 1 to the Iowa River; south on the Iowa River to the south corporate limits of Iowa City; south and west along the corporate limits of Iowa City to the east right-of-way line of the CRANDIC railroad and the Iowa City corporate limits, north following the Iowa City corporate limits to south of the airport; continuing west and north along the corporate limits to the east right-of-way line of Highway 218; north along the east right-of-way line of Highway 218 to the south right-of-way line of Highway 1; east on the south right-of-way line of Ordinance No. 05-4176 Page 2 Highway 1 to Sunset Street; north on Sunset Street to Benton Street; then east on Benton Street to the point of beginning. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this ....fitlL day of Spptpmhpr , 20-D.5....... ~/IA/. ;!fL..- YOR fA. f( ~ ATTEST: ~~. J CITY LERK ppdadmlordlamend-precincts.doc Ordinance No. 0')-4176 Page ---.l. It was moved by VRnderhoef and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott x Lehman x O'Donnell x Vanderhoef x Wilburn First Consideration 8/16/05 Vote for passage: AYES: Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott. NAYS: None. ABSENT: None. Second Consideration -------------- Vote for passage: Date published q/14/0') Moved by Vanderhoef, seconded by Champion, 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: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell. NAYS: None. ABSENT: None. M-~'A (j \"'" l Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 05-4177 05-4177 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUBSECTION B, ENTITLED "EXCEPTIONS" TO ESTABLISH THE SPEED LIMIT ON COURT STREET EAST OF ITS INTERSECTION WITH LINDEMANN DRIVE WHEREAS, the current speed limit on Court Street from its intersection with Lindemann Drive east to the City limits is 25 miles per hour; and WHEREAS, City Staff has conducted an engineering and traffic investigation and recommends that 35 miles per hour is a more reasonable, appropriate and safe speed limit for said portion of Court Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Subsection B, entitled "Exceptions," is hereby amended as follows: The following provisions are added to the table currently set forth in said subsection: Name of Street Maximum Soeed Limit (MPH) Where Limit Applies Court Street 35 From the intersection with Lindemann Drive east to the City limits. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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. Z ood ,_th;, 6," d" of September , 2005. -/~~L "1'V1AYOR ATTEST:k-A~''/ -k- kCk",J CITY ERK Approved by l!~s-z, 7/z-q [ur Ordinance No. 0';-4177 Page --2- It was moved by Wilburn and seconded by O'Donnell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion x Elliott x Lehman x O'Donnell x Vanderhoef x Wilburn First Consideration --------------- Vote for passage: Second Consideration 8/16/0'; Vote for passage:AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell. NAYS: None. ABSENT: None. Date published q/14/0'; Moved by Wilburn, seconded by Vanderhoef, that the rule requiring ordinances to be considered anc voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and teh ordinance be given seconc consideration at this time.AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None. ABSENT: None. ~/\ .4(, ~\\) .... l} Prepared by: Chris O'Brien, Parking Manager, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5094 Susan Dulek, Ass'!. City Attomey, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 05-4178 ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES" CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINE AND PENALTIES," SECTION 8, ENTITLED "PARKING VIOLATIONS," TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 4, ENTITLED "PARKING REGULATIONS," SECTION 10, ENTITLED "PARKING FOR LOADING AND UNLOADING" AND SECTION 14, ENTITLED "ENFORCEMENT," AND ADDING NEW SECTION 15 ENTITLED "LIBRARY PARKING" TO INCREASE AVAILABILITY OF PARKING FOR LIBRARY PATRONS, TO ESTABLISH FINES FOR LIBRARY PARKING VIOLATIONS, AND TO PROVIDE FOR INCREASED ENFORCEMENT OF LOADING ZONE VIOLATIONS. WHEREAS, the City regulates and enforces parking time limits in loading zones; WHEREAS, said loading zone regulations can presently only be enforced every two hours; and WHEREAS, vehicles routinely violate posted time limits in loading zones thereby prohibiting others from using the space as intended; WHEREAS, increased regulation and enforcement of loading zones will increase the availability of those zones for the intended purpose of conducting short term business in the City; WHEREAS, there are seven angled, parking spots on the west side of Linn Street adjacent to the front of the Iowa City Public Library; WHEREAS, five of the spots should be designated for library parking only during library hours and a sixth spot should be designated for book drop off at all times; WH~REAS, the seventh space is presently and should remain a parking space for persons with physical disabilities; and WHEREAS, increased regulation and enforcement of designated library parking will' increase the availability of those spots for the intended purpose of conducting short term business at the Iowa City Public Library. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 3, entitled "City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 8, entitled "Parking Violations," is hereby amended to add the following new fees for violation of the parking spaces designated as "library parking": Penalties for Library Parking Violations Amount of Fee, Charge, Bond, Fine or Penalty Library Patron Parking $10.00 Library Outside Book Drop Off $10.00 first offense $20.00 second and subsequent offense 2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," Section 10, entitled "Parking for Loading and Unloading," is hereby amended and will read as follows: Enforcement: It shall be unlawful and a violation of the provisions of this Section for any owner or driver to permit a vehicle to remain in violation of this Section. Every thirty (30) minutes that a vehicle remains in violation after the vehicle is initially cited shall constitute a separate and distinct offense. The fees for each such parking offense shall be provided in the schedule of fees set out in Title 3, Chapter 4 of this code. 3. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," Section 14, entitled "Enforcement," is hereby amended and will read as follows: It shall be unlawful and a violation of the provisions of this chapter for any owner or driver to permit a vehicle to remain in violation of this chapter. With the exception of Sections 10 and 15 of this Chapter, every two (2) hours that a vehicle remains in violation after the vehicle is initially cited shall constitute a separate and distinct offense. The fees for each such parking offense shall be as provided in the schedule of fees set out in Title 3, Chapter 4 of this code. Ordinance No. 0')-4178 Page 2 4. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," is hereby amended to add a new Section 15, entitled "Library Parking" and will read as follows: Designation. The six northernmost angled, parking spaces on the west side of Linn Street directly adjacent to the front of the Iowa City Public Library are designated as "library parking" spaces. Spaces. The "library parking" space to the far north is further designated as a "library outside book drop off' space. The five spaces directly to the south of the "library outside book drop off' space are further designated as "library patron parking" spaces. Signage. Each space shall contain signage that includes said designation of "library patron parking" and "library outside book drop off." The "library patron parking" spaces shall also contain the hours that the Iowa City Public Library is open. Parking. During the time the Iowa City Public Library is open, no person shall stop, stand or park a vehicle in a "library patron parking" space except for the sole purpose of allowing a passenger to go directly to and from the Iowa City Public Library, and said stop shall not exceed twenty (20) minutes. At no time shall a person stop, stand or park a vehicle in the "library outside book drop off' space except for the sole purpose of allowing a passenger to deposit a book or other item in one of the drop off boxes located on the outside east wall of the Iowa City Public Library and to return directly to said vehicle, and said stop shall not exceed five (5) minutes. For purposes of this section, passenger includes the driver of the vehicle. Violations. It shall be unlawful and a violation of the provisions of this chapter for any owner or driver to permit a vehicle to remain in violation of the "library patron parking" or "library outside book drop off' provision. Every ten (10) minutes that a vehicle remains in violation of said provisions after the vehicle is initially cited shall constitute a separate and distinct offense. The fees for each such parking offense shall be as provided in the schedule of fees set out in Title 3, Chapter 4 of this code. Additionally, any vehicle in violation of the "library outside book drop off' provision is subject to being towed consistent with the provisions of Title 9, Chapter 9, Section 2 of this Code. 5. Title 9, entitled "Motor Vehicles and Traffic," Chapter 9, entitled "Towing and Impoundment Procedures," Section 2, entitled, "Towing and Impoundment of Certain Illegally Parked Vehicles" is hereby amended by adding a new Paragraph G as follows: Any vehicle parked in the "library outside book drop off' space in violation of Title 9, Chapter 4, Section 15 of this Code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective on September 15, 2005. ~ aod ap",",,", "'"1illL day of Sf>ptf>mhf>r ,2005. ~/U/. a",-- - AYOR ATTEST: n~~H-) ,)(. I< dArJ CITY . ERK Approved by ~~ ~ - d ~u \- City Attorney's Office Sue/ordreslpkglibord.doc Ordinance No. 05-4178 Page -:L It was moved by Wi 1 hllrn and seconded by Bailey that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Charnpion x Elliott X Lehman x O'Donnell x Vanderhoef X Wilburn First Consideration 8/16/05 Vote for passage: AYES: Wilburn, Bailey, Champion, Lehman, O'Donnell, Vanderhoef. NAYS: Elliott. ABSENT: None. Second Consideration -------------------- Vote for passage: Date published Q/14/0S Moved by Wilburn, seconded by Bailey, 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, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. N\ -\:S\ \( (, Prepared by: Mitchel T. Behr, Ass!. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 05-4179 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUBSECTION B, ENTITLED "EXCEPTIONS" TO ESTABLISH THE SPEED LIMIT ON SOCCER PARK ROAD FROM ITS INTERSECTION WITH LEHMAN AVENUE TO THE ENTRANCE OF THE SOCCER PARK WHEREAS, the current speed limit on Soccer Park Road is from its intersection with Lehman Avenue to the entrance of the soccer park is 45 miles per hour; and WHEREAS, City Staff has conducted an engineering and traffic investigation and recommends that 30 miles per hour is a more reasonable, appropriate and safe speed limit for said portion of Soccer Park Road. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Subsection B, entitled "Exceptions," is hereby amended as follows: The following provisions are added to the table currently set forth in said subsection: Name of Street Maximum Speed Limit (MPH) Where Limit Applies Soccer Park Road 30 From the intersection with Lehman Avenue to the entrance of the Soccer Park. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 6th day of September ,2005. ~~ ~L~ MAYOR ATTEST: h~t".-1-J k. ~AA_) CIT ERK Approved by ~~~ 7/7-11111>- City Attorney's ffice Ordinance No. 05-4]79 Page --2- It was moved by Bailey and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott x Lehman "X O'Donnell x Vanderhoef x Wilburn First Consideration 8/16/05 Vote for passage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration ----------------------- Vote for passage: Date published 9/14/05 Moved by Bailey, seconded by Wilburn, 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, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott. NAYS: None. ABSENT: None.