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HomeMy WebLinkAbout2005-11-01 OrdinancePrepared by: Robed Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00012) ORDINANCE NO. AN ORDINANCE REZONING PROPERTY FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) TO HIGH DENSITY SINGLE FAMILY (RS-12) FOR LOTS LOCATED ON CATSKILL COURT WITHIN THE EAST HILL SUBDIVISION. WHEREAS, the Planning and Zoning Commission has recommended a revision to the zoning ordinance to make the RS-8 zone primarily a small lot single family zone. WHEREAS, the Planning and Zoning Commission has recommended that the East Hill Subdivision be rezoned to RS-12 to allow continuation of the existing pattern of duplex development; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its current zoning classification of RS-8 to RS-12. East Hill Subdivision 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 City'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 All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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. Passed and approved this __ day of ,20 MAYOR ATTEST: CITY CLERK CitC'Att6r~eY's O~ce ppdadm/ord/REZ05-00012.doc Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ05-O0018) ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 51.9 ACRES FROM JOHNSON COUNTY RESIDENTIAL (R) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (RS-5), SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED ON AMERICAN LEGION ROAD WHEREAS, Fairview, Inc., has applied for a rezoning of approximately 51.9 acres of property from County Residential (R) to Low Density Single-Family zone (RS-5); and WHEREAS, said property is located on American Legion Road, south of Highland Woods, and east of Far Horizons subdivision; and WHEREAS, the property is within the Long-Range Planning Boundary of the city and the neighboring Iowa City properties are zoned for Iow density single-family residential development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning, and has recommended approval subject to conditions; and WHEREAS, the conditions recommended by the Commission are related to funding of the future American Legion Road improvements. 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 herein, the property described below is hereby reclassified from County Residential (R) to Low Density Single-Family Residential zone (RS-5): BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST-FRACTIONAL QUARTER OF SECTION EIGHTEEN (18) IN TOWNSHIP SEVENTY-NINE (79) NORTH, RANGE FIVE (5) WEST OF THE 5TM P.M,; THENCE WEST 1121 FEET, THENCE NORTH 1890 FEET, THENCE EAST 1121 FEET, THENCE SOUTH 1890 FEET THE PLACE OF BEGINNING. ALSO BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TM P.M.; THENCE SOUTH 345 FEET TO THE CENTER OF THE PUBLIC HIGHWAY KNOWN AS U.S. HIGHWAY NO. 6, THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID PUBLIC HIGHWAY TO A POINT WHERE SAID CENTER LINE INTERSECTS THE SOUTH LINE OF THE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, THENCE EAST ALONG THE SOUTH LINE OF THE SAID NORTHWEST FRACTIONAL QUARTER OF SECTION 18, 836 FEET TO THE PLACE OF BEGINNING. 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 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 property owners, the applicant, and the City of Iowa City. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify acopy of this ordinance and the Conditional Zoning Agreement 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 Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK Cit~' ~,~rr~ey's Office ppdadm/ord/REZ04-O00118.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 1 ]. / ]/os Voteforpassage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Sunil Terdalkar, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 (REZ05~000018) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Arlington Development, Inc. (hereinafter "Applicant") and Fairview, Inc. Iowa City (hereinafter "Owner"); and .- WHEREAS, Owner .is the legal title holder of approximately 51.9 acres of property located on the on American Legion Road, south of Highland Woods, and east of Far Horizons subdivision; and WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property from County Residential zone (R) to Low-Density Single-Family Residential zone (RS-5); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding funding of future Amedcan Legion Road improvements, the timing of the rezoning is appropriate and the Iow density single-family residential zoning is in conformance With the Comprehensive Plan; 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 caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property contributes to the future reconstruction of American Legion Road; and WHEREAS, Owner and Applicant 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. Fairview,.Inc. Iowa City is the legal title holder and Arlington Development, Inc. is the applicant for'a rezoning of the property legally described as follows: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST-FRACTIONAL QUARTER OF SECTION EIGHTEEN (18) IN TOWNSHIP SEVENTY-NINE (79) NORTH, RANGE FIVE (5) WEST OF THE 5TM P.M,; THENCE WEST 1121 FEET, {00282632.RTF} THENCE NORTH 1890 FEET, THENCE EAST 1121 FEET, THENCE SOUTH 1890 FEET THE PLACE OF BEGINNING. ALSO BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TM P.M.; THENCE SOUTH 345 FEET TO THE CENTER OF THE PUBLIC HIGHWAY KNOWN AS U..S. HIGHWAY NO. 6, THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID PUBLIC HIGHWAY TO A POINT WHERE SAID CENTER LINE INTERSECTS THE SOUTH LINE OF T. HE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, THENCE EAST ALONG THE SOUTH LINE OF THE SAID NORTHWEST FRACTIONAL QUARTER OF SECTION 18, 836 FEET TO THE PLACE OF BEGINNING. 2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential development that conforms to the principles of the Comprehensive Plan. Further, the parties acknowledge that 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 caused by the requested change, including provisions for funding of the adjacent arterial street, access to the property, and subdivision design principles. Therefore Owner and Applicant agree to certain conditions over and above City regulations as detailed below. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, and that the Applicant and/or Owner is required to contribute toward the cost of American Legion Road improvement (based on the formula developed by the Johnson County Council of Governments office), at a rate of $ 1715.18 per acre of property (51.9 acres x $1715.18 per acre = a total of $ 89,017.8), at the time of final plat approval. The amount to be paid at the time of final platting shall be an amount equal to the number of acres in each final plat x $1,715.18. Said funds will be deposited with the City.of Iowa City prior to the first building permit being issued for any lot in any final plat on this property. Upon receipt of said funds, the City shall promptly issue to the Applicant a good and sufficient release for the lots in the subdivision so that this Conditional Zoning Agreement will not constitute a cloud upon the lots in the subdivision. 4. In lieu of the payment of the above described fee, Applicant and/or Owner may provide an Irrevocable Letter of Credit, in a form and containing provisions approved by the City Attomey's Office, in the amount of $89,017.80, for the benefit of the City to be used for the installation of the American Legion Road Improvements. 5. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2005), and that said conditions satisfy public needs that are caused by the requested zoning change. 6. The Owner, Applicant, 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. 7. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant ~unning with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. {00282632.RTF} The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 9. 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. Dated this ~. day of October, 2005. CITY OF IOWA CITY Fairview, Inc. Iowa City By:/'"'~ ,4~,~ ~ ~/? Ernest Lehman, Mayor ,~ A. Trammell Attest: By:,/~?/~~ ~ I~ be r~,F~.-M'it (~h ~11 ' / " Marian K. Kart, CitY.Clerk R~ard Sta~g /r/ Arlingt~/[~velopment, Inc. Marian K. Karr, City-Clerk iary L~. I/va . ,/'~ Approved by:~'~'~ '~/~'/~..~- ,~n W. Morel,nd, Jr. \q City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) SS; JOHNSON COUNTY ) On this ~ day of , A.D. 2005, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me pers6nally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing {00282632.RTF} instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: FAIRVlEW, INC. IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This instrument was acknowledged before me on this ~,~'E"day of(~_r..'~a~_, 2005 by Joe A. Trammell as President, Robert R. Mitchell as Treasurer and Richard Stagg as Secretary of Fairview, Inc. Iowa City. I ¢t'~,. ¢dt&~ELLE K FREI)ERICK 1 I"~' ~.~I in and for the State of Iowa ARLINGTON DEVELOPMENT, INC, ACKNOWLEDGEMENT: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~' day of ~¢~-~' , A.D. 2005, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~"a~y to me personally known, who, being by me duly sworn, did say that they are the ~'~E ..~' 5z~.~./~.~, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of the seal affixed hereto is the seal of said corporation by authority of its Board of Directors; and that the said0"~//)'/~/'/5~ J¢,~, ~'~'/¢"A'~ such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, b. it and by therrhvol,~ntarily executed. and State Notary Pub ~c in and or sa~c~_..~nty I~'dl~k ~.1 Comm~io" Numbe._r * .75282I F i111 '*1 My [;ommi~ion Expires I {00292632.RTF} DEFEATED 11/1/05 ~ ~'~ Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE REZONING PROPERTY FROM CENTRAL BUSINESS SERVICE (CB-2) ZONE TO CENTRAL BUSINESS SUPPORT (CB-5) ZONE, NEIGHBORHOOD COMMERCIAL (CN-1) ZONE, MIXED USE (MU) ZONE AND PUBLIC (P) ZONE, FOR AREAS CURRENTLY ZONED CB-2 LOCATED SOUTH OF DAVENPORT STREET AND NORTH OF JEFFERSON STREET. WHEREAS, the Planning and Zoning Commission and the City Council has determined that the Central Business Service (CB-2) Zone is inconsistent with the vision of the Comprehensive Plan for areas adjacent to the Central Business District; and WHEREAS, the Central Business Service Zone has been eliminated from the Iowa City Zoning Code and the Iowa City Zoning Map; and WHEREAS, areas zoned CB-2 must be rezoned to another appropriate zoning designation; and WHEREAS, the current CB-2 area located along Linn Street north of Market Street, along Market Street east of Linn Street and along Gilbert Street north of Jefferson Street, and along Bloomington Street is located adjacent to lower density residential areas and lower intensity commercial office zoning and currently contains of mix of lower-scale, mainstreet-type commercial development, including small retail shops, offices, restaurants, and a neighborhood grocery store that provide goods and services to the surrounding residential areas. The mix of uses and the scale of buildings in this area are consistent with the purposes of the Neighborhood Commercial Zone; WHEREAS, certain CB-2 properties located along Market Street west of Gilbert Street and at the corner of Dubuque Street and Market Street are larger in scale and are located adjacent to high density multi-family zones and existing areas zoned Central Business Support (CB-5) and are compatible with intended purposes of the CB-5 Zone; WHEREAS, the property at 405/411 Market Street is adjacent to an existing Mixed Use (MU) Zone and contains nonconforming multi-family buildings that contain no commercial elements on a the ground floor, so would be more compatible with uses in a Mixed Use (MU) Zone; WHEREAS, the publicly-owned parcel located on the north side of Market Street is currently being utilized as a public parking lot and should therefore be zoned Public (P) to give notice to the public that it is owned by the City and being used for public purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: The property described below is hereby reclassified from its present classification of Central Business Service (CB-2) Zone to the zones indicated below: Ordinance No. DEFEATED 11 / 1/05 Page 2 Original town of Iowa City, lots 5, 6, 7, and the western 10 feet of the northern 75 feet of lot 8 of Block 68; and lots 2, 3, 4, of Block 59 are reclassified to Central Business Support (CB-5) Zone; Original town of Iowa City, lots 5, 6, 7, and 8 of Block 57; the southern 75 feet and the eastern 70 feet of the northern 75 feet of lot 8 of Block 68; lots 1, 2, 3, 4, 5, the western 41.7 feet of lot 6, and the eastern 40.3 feet of lot 8 of Block 58; lot 1 of Block 59; lot 4 of Block 46; the southern 25 feet of lot 5 of Block 47 are reclassified to Neighborhood Commercial (CN-1) Zone; Original town of Iowa City, lot 3 and the western 40 feet of lot 2, Block 46 are reclassified to Mixed Use (MU) Zone; Original town of Iowa City, the eastern 38.3 feet of lot 6, lot 7, and the western 39.7 feet of lot 8 of Block 58 are reclassified to Public (P). SECTION II. ZONING MAP: The City 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 final passage, approval and publication of this ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING: The City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, 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. Passed and approved this __ day of ,2005. MAYOR ATTEST: CITY CLERK Approved by CITY ATTORNEY'S OFFICE DEFEATED 11/1/05 O~inance 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 Vote for passage: AYES: Vanderhoef, Champion, Elliott, Lehman, O'Donnell. NAYS: Wilburn, Bailey. ABSENT: None. Second Consideration Vote for passage: Date published 11-01-05 _ ~.,.~,...~ ~ 6f(1) CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX Dear Mayor and City Council Members, www.~cgov.org During the initial review of various commercial zones, the Planning & Zoning Commission determined the current CB-2 zone was outdated and did not fit with the other CB zones. For that reason we recommended removal of the CB-2 zone in the proposed code and rezoning certain portions of current CB-2 zones to CN-1 and MU. As some have indicated during the public hearing, the CB-2 zone has been in place for the past 25+ years. When CB-2 was implemented the City was in the midst of a major Urban Renewal effort. Much has changed during the 25 years relating to downtown Iowa City development and development in the general metro area. During that time there has been no development that would maximize the full CB-2 standards in the areas proposed for a zone change. The reality of the situation is that the vast majority of lots in these areas are small and contain buildings and uses that are grandfathered in with little off-street parking. The existing buildings and proximity to the university, downtown, and dense residential neighborhoods have provided opportunities for a wide variety of small businesses to thrive. However, redevelopment that would take advantage of the maximum height and residential density provisions of the CB-2 Zone has proved impossible or at the very least financially impractical given the small lots sizes and the parking that would be required for such large buildings. This is important to understand because numerous landowners in these areas contend this change is a down-zoning that will take value away from their property. The Commission does not support this assertion. Property value is not determined by the zoning designation alone. The zoning designation gives prospective buyers guidelines on the types of uses allowed and building standards. Since the basic uses permitted are similar in CB-2, CN-1 and MU Zones, property value is more logically affected by location. Both areas, north and east of downtown, are highly desirable locations from a business and retail standpoint. Due to the established commercial/retail environment directly between downtown and surrounding residential neighborhoods, property in these areas will naturally attract a higher selling price than CN-1, CC-2, or C1-1 property located farther from downtown. The Commission feels very strongly that maintaining a strong viable neighborhood commercial/retail zone between downtown and surrounding neighborhoods will provide a development atmosphere for unique small retail, food service and office services that will increase property values in the long term. With extremely few exceptions, unless a developer is going to buy up a number of adjacent properties, the maximization of CB-2 benefits is impossible on the overwhelming majority of small lots in these zones. In addition, because these areas have been so successful for small businesses, there is little economic incentive to buy up properties and tear them down to maximize use of the zone. Therefore, it is the Commission's position that there would be extremely little if any financial impact on the resale potential and value of these properties. 1 of 2 Another significant reason the Commission selected to eliminate the CB-2 zone was the current permitted building height in that zone. Under the current code buildings up to 100 feet tall are permitted. The CB-5 zone has a limitation of 75 feet. The CB-2 zone is intended as the final transition from central business commercial zones to surrounding neighborhoods. The possibility of a 100 foot building adjacent to surrounding neighborhoods was untenable to the Commission. In conclusion, the Commission feels the CN-1 and MU zones are reasonable replacements for portions of the CB-2 zone considering the transitional nature of these areas, the inability of properties in these areas to maximize their CB-2 options due to lot size and our strong desire to preserve the neighborhood retail/commercial aspects of these areas between downtown and surrounding neighborhoods. The unique character of these two areas is important to not only the vitality of downtown but of the whole community. They are unique incubator locations for small businesses mixed in with well established commercial/retail establishments. The uniqueness of these two areas should not be violated in the future by large scale commercial/retail developments that would overpower the remaining zone and surrounding residential neighborhoods. If the Council finds insufficient support for elimination of the CB-2 zone and rezoning of these areas to CN-1 or MU, the Commission suggests that you consider one of the following scenarios: 1. Insert the CB-2 Zone back into the proposed code, but make appropriate modifications to the site development and dimensional standards to address concerns about scale and character of potential future development. At the very least we strongly recommend reducing the maximum building height to 45 feet. 2. Reinstate the current CB-2 zone to the proposed code, leaving those areas currently zoned CB-2 unchanged but direct the Planning & Zoning Commission to put a complete review and evaluation of the CB-2 zones on their future work list. It would be understood that the Commission would return to Council at a later date with a revised zone that would reflect the unique retail/commercial nature of these zones north and east of downtown. We are more than happy to discuss this further if you so wish. Sincerely, Robert Brooks Chair, Planning and Zoning Commission 2 of 2 Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE REZONING PROPERTY FROM CENTRAL BUSINESS SERVICE (CB-2) ZONE TO CENTRAL BUSINESS SUPPORT (CB-5) ZONE, MIXED USE (MU) ZONE AND PUBLIC (P) ZONE, FOR CERTAIN AREAS CURRENTLY ZONED CB-2 LOCATED SOUTH OF DAVENPORT STREET AND NORTH OF JEFFERSON STREET. WHEREAS, the Planning and Zoning Commission and the City Council has determined that the Central Business Service (CB-2) Zone is inconsistent with the vision of the Comprehensive Plan for areas adjacent to the Central Business District; and WHEREAS, areas zoned CB-2 need to be rezoned to another appropriate zoning designation; and WHEREAS, certain CB-2 properties located along Market Street west of Gilbert Street and at the corner of Dubuque Street and Market Street are larger in scale and are located adjacent to high density multi-family zones and existing areas zoned Central Business Support (CB-5) and are compatible with intended purposes of the CB-5 Zone; WHEREAS, the property at 405/411 Market Street is adjacent to an existing Mixed Use (MU) Zone and contains nonconforming multi-family buildings that contain no commercial elements on a the ground floor, so would be more compatible with uses in a Mixed Use (MU) Zone; WHEREAS, the publicly-owned parcel located on the north side of Market Street is currently being utilized as a public parking lot and should therefore be zoned Public (P) to give notice to the public that it is owned by the City and being used for public purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: The property described below is hereby reclassified from its present classification of Central Business Service (CB-2) Zone to the zones indicated below: Original town of Iowa City, lots 5, 6, 7, and the western 10 feet of the northern 75 feet of lot 8 of Block 68; and lots 2, 3, 4, of Block 59 are reclassified to Central Business Support (CB-5) Zone; Original town of Iowa City, lot 3 and the western 40 feet of lot 2, Block 46 are reclassified to Mixed Use (MU) Zone; Original town of Iowa City, the eastern 38.3 feet of lot 6, lot 7, and the western 39.7 feet of lot 8 of Block 58 are reclassified to Public (P). SECTION II. ZONING MAP: The City 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 final passage, approval and publication of this ordinance as provided by law. SECTION Ill. CERTIFICATION AND RECORD, lNG: The City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson Ordinance No. Page 2 County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordinances and pads 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 pad thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,2005. MAYOR ATTEST: CITY CLERK Approved by CITY ATTORNEY'S OFFICE 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 ] ] / ] lo5 Voteforpassage: AYES:Champion, Elliott, Lehman, O'Donnell, Vanderhoef. NAYS: Wilburn, Bailey. ABSENT: None. Second Consideration Vote for passage: Date published / DEFEATED 11 / 1/05 Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE REZONING PROPERTY FROM CENTRAL BUSINESS SERVICE (CB-2) ZONE TO CENTRAL BUSINESS SUPPORT (CB-S) ZONE, MIXED USE (MU) ZONE AND HIGH DENSITY MULTI-FAMILY RESIDENTIAL (RM-44) ZONE, FOR AREAS CURRENTLY ZONED CB-2 LOCATED SOUTH OF JEFFERSON STREET AND EAST OF GILBERT STREET. WHEREAS, the Planning and Zoning Commission and the City Council has determined that the Central Business Service (CB-2) Zone is inconsistent with the vision of the Comprehensive Plan for areas adjacent to the Central Business District; and WHEREAS, the Central Business Service Zone has been eliminated from the Iowa City Zoning Code and the Iowa City Zoning Map; and WHEREAS, areas zoned CB-2 must be rezoned to another appropriate zoning designation; and WHEREAS, the current CB-2 area south of Washington Street and along College Street contains primarily older residential structures that have been converted to a successful mix of offices and small retail establishments that provide a gradual transition between the higher intensity of the downtown and the lower density residential neighborhood surrounding College Green Park. Rezoning this area to Mixed Use (MU) acknowledges these existing lower scale uses and maintains a transition zone between the downtown and lower scale residential areas surrounding College Green Park; WHEREAS, the current CB-2 properties that front on Iowa Avenue and along Van Buren Street north of Washington Street and isolated parcels surrounded by public uses west of Van Buren Street contain a mix of larger scale offices, retail uses, and institutional uses that are consistent with the intent of the CB-5 Zone to allow for the orderly expansion of the Central Business District and to enhance the pedestrian orientation of the central area of the City; WHEREAS, the current CB-2 properties located along the north side of Burlington Street are suitable for CB-5 zoning due to the location along a major transportation corridor adjacent to downtown Iowa City; WHEREAS, the current isolated CB-2 property located on the south side of Burlington Street is surrounded by high density multi-family zoning; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: The property described below is hereby reclassified from its present classification of Central Business Service (CB-2) Zone to the zones indicated below: Original town of Iowa City, the eastern 70 feet of lot 6 of Block 43; the north 110 feet of lot 4 of Block 44; lots 7,8 of Block 45; lots 5,6,7 of Block 39; lots 2,3,4,5, and the portions of lots 6,7 of Block 40 that lie north of the southern boundary of the CRI&P Railroad right of way; lots 5,6, and a portion of lot 7 O~inance No. DEFEATED 11/1/05 Page 2 described as (beginning at the northwest corner of lot 7, thence south 150 feet, east 80 feet, north 120 feet, west 34.8 feet, north 30 feet, and west 45.2 feet to beginning )of Block 42 are reclassified to Central Business Support (CB-5) Zone; Original town of Iowa City, lots 3,4 of Block 42; lots 2,3,4,5 and the western 20 feet of lot 6 of Block 41; the portions of lots 6, 7 of Block 40 that lie south of the southern boundary of the CRI&P Railroad right of way are reclassified to Mixed Use (MU) Zone; Original town of Iowa City, the eastern 105 feet of lots 7 and 8 of Lyman Cook's Subdivision of Outlet 25 are reclassified to High Density Multi-Family Residential (RM-44) Zone. SECTION II. ZONING MAP: The City 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 final passage, approval and publication of this ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING: The City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, 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 pad 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. Passed and approved this ~ day of ,2005. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. DEFEATED 11 / 1/05 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 11 / 1 / O5 Vote f or passage: AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Champion. NAYS: Bailey, Wilburn. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE REZONING PROPERTY FROM CENTRAL BUSINESS SERVICE (CB-2) ZONE TO CENTRAL BUSINESS SUPPORT (CB-5) ZONE AND HIGH DENSITY MULTI- FAMILY RESIDENTIAL (RM-44) ZONE, FOR CERTAIN AREAS CURRENTLY ZONED CB-2 LOCATED SOUTH OF JEFFERSON STREET AND EAST OF GILBERT STREET. WHEREAS, the Planning and Zoning Commission and the City Council has determined that the Central Business Service (CB-2) Zone is inconsistent with the vision of the Comprehensive Plan for areas adjacent to the Central Business District; and WHEREAS, areas zoned CB-2 need to be rezoned to another appropriate zoning designation; and WHEREAS, the current CB-2 properties that front on Iowa Avenue and along Van Buren Street north of Washington Street and isolated parcels surrounded by public uses west of Van Buren Street contain a mix of larger-scale offices, retail uses, and institutional uses that are consistent with the intent of the CB-5 Zone to allow for the orderly expansion of the Central Business District and to enhance the pedestrian orientation of the central area of the City; WHEREAS, the current CB-2 properties located along the north side of Burlington Street are suitable for CB-5 zoning due to the location along a major transportation corridor adjacent to downtown Iowa City; WHEREAS, the current isolated CB-2 property located on the south side of Burlington Street is surrounded by high density multi-family zoning; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: The property described below is hereby reclassified from its present classification of Central Business Service (CB-2) Zone to the zones indicated below: Original town of Iowa City, the eastern 70 feet of lot 6 of Block 43; the north 110 feet of lot 4 of Block 44; lots 7,8 of Block 45; lots 5,6,7 of Block 39; lots 2,3,4,5, and the portions of lots 6,7 of Block 40 that lie north of the southern boundary of the CP, I&P Railroad right of way; lots 5,6, and a portion of lot 7 described as (beginning at the northwest corner of lot 7, thence south 150 feet, east 80 feet, north 120 feet, west 34.8 feet, north 30 feet, and west 45.2 feet to beginning )of Block 42 are reclassified to Central Business Support (CB-5) Zone; Original town of Iowa City, the eastern 105 feet of lots 7 and 8 of Lyman Cook's Subdivision of Outlot 25 are reclassified to High Density Multi-Family P,esidential (RM-44) Zone. SECTION I1. ZONING MAP: The City 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 final passage, approval and publication of this ordinance as provided by law. Ordinance No. Page 2 SECTION III. CERTIFICATION AND RECORDING: The City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, 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. Passed and approved this day of ,2005. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office 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 t t / t/05 Vote for passage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef. NAYS: Bailey, Wilburn. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE REZONING PROPERTY FROM CENTRAL BUSINESS SERVICE (CB-2) ZONE TO CENTRAL BUSINESS SUPPORT (CB-5) ZONE AND PLANNED HIGH DENSITY MULTI-FAMILY RESIDENTIAL (PRM) ZONE FOR THE AREAS CURRENTLY ZONED CB-2 LOCATED SOUTH OF BURLINGTON STREET AND WEST OF LINN STREET. WHEREAS, the Planning and Zoning Commission and the City Council has determined that the Central Business Service (CB-2) Zone is inconsistent with the vision of the Comprehensive Plan for areas adjacent to the Central Business District; and WHEREAS, the Central Business Service Zone has been eliminated from the Iowa City Zoning Code and the Iowa City Zoning Map; and WHEREAS, areas zoned CB-2 must be rezoned to another appropriate zoning designation; and WHEREAS, according to the Iowa City Comprehensive Plan and associated Near Southside Neighborhood Redevelopment Plan, the areas currently zoned CB-2 located south of Burlington Street and West of Linn Street are primarily intended for high density multi-family housing and larger scale, high intensity commercial uses consistent with downtown Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: The property described below is hereby reclassified from its present classification of Central Business Service (CB-2) Zone to the zones indicated below: Original town of Iowa City, lots 7,8 and the northern 5 feet of lot 6 of Block 93 is reclassified to Central Business Support (CB-5) Zone; County Seat Addition, northern 70 feet of lot 8 of Block 9 is reclassified to Central Business Support (CB-5) Zone; County Seat Addition, lots 1, 2, 7, 8 of Block 7 is reclassified to Planned High Density Multi-Family (PRM) Zone; County Seat Addition, lots 5, 6, 7, and the western 60 feet of the southern 53.5 feet of lot 4 of Block 8 is reclassified to Planned High Density Multi-Family (PRM) Zone; SECTION I1. ZONING MAP: The City 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 final passage, approval and publication of this ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING: The City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson · County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, as Ordinance No. Page 2 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. Passed and approved this __ day of ,2005. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office 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 Wilbum First Consideration ~0/~8/05 Vote for passage: AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration 11 / 1/05 Vote for passage: AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Date published Prepared by: Jeffrey Banks, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5230 (REZ05-00017) ORDINANCE NO. AN ORDINANCE TO REZONE PROPERTIES CURRENTLY ZONED RESIDENTIAL FACTORY-BUILT HOUSING (RFBH) ZONE, TO PLANNED DEVELOPMENT HOUSING-HIGH DENSITY SINGLE-FAMILY (OPDH-12) ZONE (REZ05-00017). WHEREAS, the City of Iowa City, has requested a general rezoning of properties which are currently zoned RFBH to OPDH-12 in order to remove redundant zoning categories; and WHEREAS, the Planning and Zoning Commission has found that the current code includes a separate category and standards for manufactured housing parks; and WHEREAS, typical zoning rules are not easily applied to these types of developments; and WHEREAS, the Planning and Zoning Commission has found that manufactured housing parks are not dissimilar to condominium planned developments, where the dwelling units are separately owned but the land and surrounding facilities are owned in common; and WHEREAS, the .Planning and Zoning Commission has found the RFBH zone similar to the OPDH-12 zone in that a specific site plan is required for new development; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning of RFBH to OPDH-12, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The parcels described below are hereby reclassified from their current zoning designation of Residential Factory Built Housing (RFBH), to Planned Development Housing-High Density Single Family (PDH-12): All that part of the NE ¼ of the NE ¼ of Section 4, Township 79 North, :Range 6W in Johnson County, Iowa, except the SE ¼ of the NE ¼ of the NE ¼ and the SW ¼ of the NE ¼ of the NE l/, of said Section 4, and except 4-1/2 acres from the NE ¼ NE ¼ NE ¼ and NW ¼ NE ¼ NE ¼ taken by the State of Iowa for highway purposes with the north property line described as follows: starting at a point on the west line of NE ¼ NE ¼ that is 140 feet south of the centerline of Interstate 80, thence to a point 75 feet radially distant southerly from the edge of concrete at Station 2905+51.6 on Ramp B, thence to a point 60 feet radially distant southerly from the edge of concrete at State 2910+00, thence parallel to the edge of concrete on Ramp B 60 feet distant southerly to a point on the east line of Section 4. And, Lot 2 of Padens Re-subdivision of Lots 1 and 4 of Charles Subdivision of the SWl/4 of Section 22, Township 79 North, Range 6 West of the 5th P.M. according to the plat thereof recorded in Plat Book 1, page 138 of the Plat Records of Johnson County, Iowa, excepting therefrom the following described tract, to-wit: Beginning at the northwest corner of said Lot 2, thence east on the north line of said Lot 2, 650 feet, thence south 2 degrees 40 minutes east 134 feet thence west 160 feet, thence north 2 degrees 40 minutes east 134 feet to the place of beginning; also excepting the following described tract, to-wit; Commencing at a point on the east line of the public highway, which point 134 feet south 2 degrees 40 minutes west of the northwest corner of said Lot 2 of said Paden's Re-subdivision aforesaid, thence South 89 degrees 25 minutes East 252 feet; thence south 2 degrees 40 minutes west 153.5 feet, thence North 89 degrees 25 minutes west 12 feet; thence south 2 degrees 40 minutes west 80 feet, thence North 89 degrees 25 minutes west 240 feet, thence north 2 degrees 40 minutes east 233.5 feet to the place of beginning. And, Residence and mobile home park located at 2254 South Riverside Drive, Iowa City, Iowa, legally described as: Lot 3 in Paden's Subdivision of Lots 1 and 4, Charles Subdivision of the SWl/4 of Section 22, in Township 79 North Range 6 West of the 5th P.M. excepting therefrom the following tract, to-wit: Beginning 202 feet southwesterly from the Northwest corner of said Lot 3 of Paden's Subdivision aforesaid, thence South 85 degrees 52 minutes East 384 feet, thence South 17 degrees 10 minutes West 549 feet to the original South line of said Lot 3, thence North 76 degrees West 215 feet, thence North 5 degrees 30 minutes West 360.5 feet, thence easterly 21 feet, thence North 2 degrees 40 minutes East 142 feet to the place of beginning, the area of said excepted tract being 3.70 acres, and the tract conveyed by this deed containing 16.3 acres more or less. And, Beginning at the Southeast corner of Lot three (3) of the Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision of the Southwest Quarter of Section Twenty-Two (22), Township seventy-nine (79) North, Range Six (6) west, of the 5th P.M.; Thence N76°42'52'' W, along the southerly line of said Lot 3, a distance of 88.94 feet; Thence N16°31'56"E, 780.57 feet, to a point on the northerly line of said Lot 3; Thence S80°01'58"E, 255.60 feet more or less, along said northerly line and its southeasterly projection thereof, to a point which is at the Mean High Water Mark of the Iowa River as it is presently located, which is witnessed by a 5/8 inch iron rebar set 3 feet, normally distant, westerly of the Westerly Top of Bank of said Iowa River. Thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the Westerly Top of Bank of said Iowa River, and is located 193.34 feet, S16°32'12'YV, of the previous witness marker; Thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the Westerly Top of Bank of said Iowa River, and is located 254.45 feet, S00°36'13'', of the previous witness marker; Thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the westerly Top of Bank of said Iowa River, and is located 128.20 feet, $12°39'26'~'¥, of the previous witness marker; thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River at its intersection with the southeasterly projection of the Southerly Line of said Lot 3, which point is witnessed by a 5/8 inch iron rebar set on said Southerly Line of Lot 3, 3 feet normally distant westerly of the Westerly Top of Bank of said Iowa River, and which marker is located 252.21 feet, S16°57'57"W, of the previous witness marker; Thence from said Mean High Water Mark, N76°42'52'~N, along said southerly line 347.29 feet, to a point of Beginning. Said parcel of land contains 7.17 Acres more or less and is subject to easements and restrictions of record. And, Commencing at the Southeast corner of Section 24, Township 79 North, Range 6 West of the 5th Principal Meridian; thence due West along the South line of said Section 24, 3217.31 feet to the point of beginning; thence West, 773.24 feet; thence North 01 °30'22" East, 682.39 feet; thence East, 773.24 feet; thence South 01 °30'22" West, 682.39 feet to the point of beginning. Said tract of land containing 12.11 acres. E % SW %, that part thereof lying south of U.S. Highway 6 excepting the east 25 feet thereof and more particularly described as follows Commencing at the south quarter corner of said Section 24, thence on an assumed bearing due west 25.00 feet to the point of beginning, thence N 01°30'24" E, 1622.11 feet to a point of the south right of way line of said U.S. Highway 6, thence northwesterly along said right of way line on a 5790 foot radius curve concave to the northeast to a point bearing on a long chord 1393.18 feet N 51°11'17" W, of the preceding point, thence N 78°38'14'' W, 186.24 feet to a point on the west line of said E ~ SW 1/4 , thence S 1°30'22'' W, 2532.53 feet to a point at the southwest corner of said E % SW 1/4, thence due east on the south section line of said Section 24, 1292.35 feet to the point of beginning, subject to easements and restrictions of the record. And, Beginning at a point on the east line of the public highway known as the Sand Road, which point is located as follows: Commencing at the intersection of the east line of said highway with the north line of Section 22, Township 79 North, Range 6 West of the 5th P.M., thence south 6 degrees 50 minutes east 447.5 feet along the east line of said highway, thence southerly along a 9 degree 28 minute curve with a 606 foot radius concave westerly 269.4 feet along the east line of said highway to the said point of beginning, from thence due east 992.4 feet, thence due south 607.6 feet to the south line of the N ~ of the NE ¼ of said Section 22, thence west along south line to the southwest corner of said N1/2 of NE1/4, thence north along the west line of said N ¼ of NE ¼, to the intersection of said west line with sthe north line of the south 7 acres of the east 40 acres of Government Lot 1 in the said Section 22, thence west along said north line to the east line of the said public highway, thence northeasterly along the east line of said public highway to the place of beginning. Johnson County, Iowa. And, Commencing at the northeast corner of Sec. 3, Twp. 79 N., R. 6 West of the 5th P.M., thence north 88° 13' West 689.3 feet to the centerline of the Prairie du Chien Road and the place of beginning; thence north 88° 41' west 36.6 feet to an iron pin on the road right of way line, thence continuing north 88° 41' west 637.4 feet to an iron pin at the northwest corner of the tract; thence south 1 ° 07' east 162.9 feet to an iron pin at the southwest corner of the tract; thence south 88° 25' east 710.6 feet to an iron pin on the westerly road right of way line; thence continuing south 88° 25' east 38.8 feet to the centerline of the said Prairie du Chien Road; thence North 30° 03' west 57.5 feet along the centerline of the road; thence northerly 128.0 feet along a 573.7 foot radius curve concave easterly to the place of beginning. Excepting any part of said premises conveyed to the State of Iowa by warranty deed recorded in Book 254, Page 62, Deed Records of Johnson County, Iowa. Excepting that portion described as follows: A portion of the Northwest quarter of the Northeast quarter and a portion of the Northeast quarter of the Northeast quarter of Section 3, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the North quarter corner of Section 3, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N89°30'00"E, along the North line of the Northeast quarter of said Section 3, a distance of 1279.40 feet to the point of beginning; Thence continuing N89°30'00"E, along said North line, 224.59 feet; thence southwesterly, 114.62 feet, along an arc of a 367.00 foot radius curve, concave southeasterly, whose 114.15 foot chord bears S42°40'40'~/; Thence S33043'51'~/V, 97.64 feet; Thence S89°28'15'~/V, 100.53 feet; Thence N03014'55"W, 143.55 feet; Thence N37°02'18"E, 26.03 feet to a point on said North line of the Northeast quarter and said point of beginning, containing 0.61 acres, and is subject to easements and restrictions of record. And, Lot 4 and Lot 6 of subdivision named Saddlebrook, Part II, excluding the portion described below: Lot 7 and 8 and a portion of Lot 4 and 6 of Saddlebrook's Second Addition lying in the NW ¼ NE ¼ and the SW ¼ NE l/, Section 25, T. 79, R. 6 W., of the 5th P.M., Johnson County, Iowa, described as follows: Commencing at the Center of said Section 25; thence N00°17'21"E - 1006.38 feet along the west line of said SW ¼ NW ¼; thence S90°00'00"E - 17.78 feet, also being the Point of Beginning of the parcel herein described: thence N00°59'52"VV - 128.03 feet; thence N37°50'18'~N - 20.00 feet; thence northeasterly - 37.99 feet along a 49.00 foot radius curve concave northwesterly with a central angle of 44°25'15'' and a chord of N29°57'04"E - 37.04 feet; thence N07°44'27"E - 509.63 feet; thence N09°06'36"E - 75.25 feet; thence northeasterly - 32.68 feet along a 1490.00 foot radius curve concave easterly with a central angle of 01°15'24'' and a chord of N11°11'03"E - 32.68 feet; thence northwesterly - 85.52 feet along a 162.93 foot radius curve concave westerly with a central angle of 30004'23'' and a chord of N05°04'34"W - 84.54 feet; thence N20°09'lT"W - 23.84 feet; thence northeasterly - 32.65 feet along a 25.00 foot radius curve concave easterly with a central angle of 74°49'19' and a chord of N17°15'22"E - 30.38 feet; thence northeasterly- 127.57 feet along a 126.00 foot radius curve concave northwesterly with a central angle of 58o00'43'' and a chord of N25°39'40"E - 122.19 feet; thence N03°20'41"W - 192.32 feet; thence northwesterly - 205.75 feet along a 312.00 foot radius curve concave southwesterly with a central angle of 37°47'01'' and a chord of N22°14'12"W - 202.04 feet; thence northerly- 34.87 feet along a 25.00 foot radius curve concave easterly with a central angle of 79o55'30'' and a chord of N01°09'57"W - 32.11 feet; thence N38°47'48"E - 52.23 feet; thence northeasterly - 34.27 feet along a 267.50 foot radius curve concave southeasterly with a central angle of 07020'22'' and a chord of N41°48'18"E - 34.24 feet; thence northeasterly- 114.84 feet along a 267.88 foot radius curve concave southeasterly with a central angle of 24°33'47" and a chord of N57°46'55"E - 113.96 feet; thence NT0°04'20"E - 157.38 feet; thence easterly - 14.26 feet along a 30.00 foot radius curve concave southerly with a central angle of 27°13'37'' and a chord of N83°41'08"E - 14.12 feet; thence S20°31'09"E - 60.07 feet; thence S22°26'14"E -89.62 feet; thence S20°31'09"E - 75.79 feet; thence southerly- 168.42 feet along a 470.00 foot radius curve concave westerly with 'a central angle of 20°31'53" and a chord of S10°15'12"E - 167.52 feet; thence S00°00'45'~/ - 22.34 feet; thence N89°57'39"E - 173.42 feet; thence S00°O2'21"E - 1038.77 feet; thence S67°52'28"W - 315.94 feet; thence westerly - 365.13 feet along a 960.00 foot radius curve concave northerly with a central angle of 21 °47'32" and a chord of S78°39'35"W - 362.94 feet to the Point of Beginning. Said parcel contains 13.57 acres. 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 IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, 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 , 2005. MAYOR ATTEST: CITY CLERK Citf~t{o}n'ey's Office 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 EIliott Lehman O'Donnell Vanderhoef Wilburn First Consideration tO/t8/05 Vote for passage: AYES: Lehman, O' Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott. NAYS: None. ABSENT: None. Second Consideration 11 / 1/05 Vote for passage: AYES: Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott. NAYS: None. ABSENT: None. Date published Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00010) ORDINANCE NO. AN ORDINANCE REZONING PROPERTY FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) TO PLANNED DEVELOPMENT HOUSING OVERLAY - MEDIUM DENSITY SINGLE FAMILY (OPDH-8) FOR LOTS LOCATED ON LONGFELLOW PLACE WITHIN THE LONGFELLOW MANOR SUBDIVISION WHEREAS, the Zoning Code is being revised to make the RS-8 zone primarily a small-lot single family zone; and WHEREAS, Longfellow Manor has been platted and designed primarily for duplexes; and WHEREAS, the Planning and Zoning Commission has recommended approval of a rezoning from RS-8 to Planned Development Housing Overlay - 8 (OPDH-8) to allow the continuation of the existing pattern of duplex development within Longfellow Manor Subdivision; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its current zoning classification of RS-8 to OPDH-8. Longfellow Manor, Lots 6-16 SECITON II. VARIATIONS. Section 14-6K-1 of the City Code provides that variations in zoning and subdivision requirements may be approved for planned development housing overlays to permit the clustering of density. The following variations from the RS-8 zoning requirements are hereby approved as part of the planned development housing overlay for Longfellow Manor: .:.a. Duplexes will be permitted. b. Duplexes will be allowed to face both the publiC street, Longfellow Place, and the private street, Longfellow Court. SECTION III. ZONING MAP. The Building Official is hereby authorized and directed to change the Z~:ning 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 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 City'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. Ordinance No. Page 2 Passed and approved this ~ day of ,20,~ MAYOR ATTEST: CITY CLERK City Attorney's Office ppdadm/ord/R EZ05-00010.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 10/~8/o5 Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None. ABSENT: None. Second Consideration 11 / 1/05 Vote for passage: AYES: O'Donnell, Vanderh0ef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None. ABSENT: None. Date published Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00011) ORDINANCE NO. AN ORDINANCE REZONING PROPERTY FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) TO HIGH DENSITY SINGLE FAMILY (RS-12) FOR LOTS LOCATED ON DODGE STREET COURT WITHIN JACOB RICORD'S SUBDIVISION, WHEREAS, the Planning and Zoning Commission has recommended a revision to the zoning ordinance to make the RS-8 zone primarily a small lot single family zone. WHEREAS, the Planning and Zoning Commission has recommended that portions of Jacob Ricord's Subdivision be rezoned to RS-12 to allow continuation of the existing pattern of duplex development; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its current zoning classification of RS-8 to RS-12. A Resubdivision of portions of Lots 5 and 6, Jacob Ricord's Subdivision. 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 City'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. Passed and approved this day of ,20 MAYOR ATTEST: CITY CLERK ppdadm/ord/REZ05-00011 .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 10 / 18 / 05 Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman, O' Donnell. NAYS: None. ABSENT: None. Second Consideration 11 / 1 /05 Vote for passage: ~YES: Vanderhoef, Wilburn, Bail~y, Champion, Elliott, Lehman, O' Donnell. NAYS: None. ABSENT: None. Date published Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00013) ORDINANCE NO. AN ORDINANCE REZONING PROPERTY FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) TO HIGH DENSITY SINGLE FAMILY (RS-12) FOR LOTS LOCATED SOUTH AND EAST OF WHISPERING MEADOWS DRIVE WITHIN THE WHISPERING MEADOWS SUBDIVISION. WHEREAS, the Planning and Zoning Commission has recommended a revision to the zoning ordinance to make the RS-8 zone primarily a small lot single family zone. WHEREAS, the Planning and Zoning Commission has recommended that portions of Whispering Meadows Subdivision be rezoned to RS-12 to allow continuation of the existing pattern of duplex development; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its current zoning classification of RS-8 to RS-12. Whispering Meadows Subdivision, Part Two, lots 76 to 95, and lots 137 to 167 and Whispering Meadows Subdivision, Part Three, lots 96 to 136. SECTION I1. 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 Ill. 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 City'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. Passed and approved this ~ day Of ,20 MAYOR ATTEST: CITY CLERK Git;/~t~or~ey's~'Office ppdadm/ord/REZO5-00013.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 10/:18/0_5 Vote for passage: AYES: Vanderhoef, Wilburn, Bailey,Champion,Elliott, Lehman, O' Donnell. NAYS: None. ABSENT: None. Second Consideration :11 / :1/05 Voteforpassage: AYES: Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoe f. NAYS: None. ABSENT: None. Date published Prepared by: Jeffrey Banks, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5230 (VAC05-00007) ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF THE RIGHT-OF-WAY IN AN ALLEY BLOCK 13, COUNTY SEAT, A PORTION OF SOUTH MADISON STREET AND A PORTION OF DES MOINES STREET IN IOWA CITY COMPRISING APPROXIMATELY 1.3'1 ACRES (VAC05- 00007). WHEREAS, the University of Iowa has requested that the City of Iowa City vacate the right-of-way along portions of South Madison St. to the south of Prentiss Street and north of the Iowa Interstate Railroad, and portions of Des Moines Street between South Capitol and S. Madison Streets; and WHEREAS, the University now owns all of the property located to the south of Prentiss Street, west of S. Capitol Street, north of the Iowa Interstate Railroad and east of Cedar Rapids/Iowa City Railroad; and WHEREAS, portions of Des Moines Street adjacent to those currently being requested and northern portions of Madison Street were previously vacated by the City; and WHEREAS, the vacation of this right-of-way will have no negative effect on pedestrian or vehicular circulation, nor be detrimental to emergency vehicle or utility access, nor diminish access to adjacent properties; and WHEREAS, the City has no plans to develop the right-of-way for street access; and WHEREAS, it is in the City's interest to vacate and dispose of public right-of-way, or portions thereof, that will not be used for public access; and WHEREAS, the Planning and Zoning Commission has recommended vacation of this right-of-way subject to the retention of any necessary utility easements, and. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the retention of any necessary utility easements, the City of Iowa City hereby vacates the right-of-way legally described as follows: That part of the 20 foot wide alley lying adjacent to Lots 3, 4, 5, and 6 in Block 13 of the County Seat of Johnson County, Iowa City, Iowa according to the recorded plat thereof. And That part of Des Moines Street adjacent to said Block 13 lying Northerly of the Northerly right-of-way line of the Iowa Interstate Railroad, except for the portion previously vacated. And That part of South Madison Street lying between the Southerly right-of-way line of Prentiss Street and the Northerly right-of-way line of said Iowa Interstate Railroad. SECTION I1. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION II1. 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 day of ,2005. MAYOR ATTEST: Approved by City Attorney's Office Ppdadm/ord/vacO5-OOO07.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 10/18/05 Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman, O' Donnell. NAYS: None. ABSENT: None. Second Consideration 11 / 1/05 Voteforpassage: AYES: Bailey; Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Date published Prepared by: Susan Dulek, Ass't. City Attomey, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 05-4183 ORDINANCE AMENDING TITLE 4, ENTITLED, "ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED, "PROHIBITIONS AND RESTRICTIONS," SECTION 4, ENTITLED, "REGULATION OF PERSONS UNDER LEGAL AGE" TO PROVIDE THAT SECOND AND SUBSEQUENT OFFENSE VIOLATIONS MAY BE BASED ON A PRIOR CONVICTION UNDER EITHER CITY ORDINANCE OR STATE LAW. WHEREAS, Ordinance No. 05-4162 provides enhanced penalties for second and subsequent convictions for possession of alcohol under the legal age (PAULA); WHEREAS, Ordinance No. 05-4162 substantially mirrors the PAULA provision in state law at section 123.47(3) of the Code of Iowa; WHEREAS, the enhanced violation under the City Ordinance should be based on a prior PAULA conviction either under the City Ordinance or under state law; WHEREAS, the present ordinance should be clarified to provide specifically that the prior conviction, for purposes of enhancement, may be based on a violation of section 123.47(3) of the Code of Iowa; and WHEREAS, it is in the public interest to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 4 entitled "Regulation of Persons under Legal Age," Paragraph A1 is amended by adding a new subparagraph e as follows: In determining if a violation charged is a second or subsequent offense, conviction for violation of this section or section 123.47 of the Code of Iowa shall be counted as previous offenses. SECTION I1. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION II1. 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 take effect upon publication. Pa d and approved this 1st day of [November ,2005. MAYOR CIT~G-LI~I~K - Approved by o-, City Attorney's Office · sue/ord&res/CabOrd,doc Ordinance No. 05-4183 Page 2 It was moved by Wilburn and seconded by Vandorhoe¢ that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion × Elliott × Lehman × O'Donnell × Vanderhoef × Wilburn First Consideration 10/] ~/o5 Vote for passage: AYES: 0'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 11 / 9 / 05 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 §econd consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Champion, Elliott, Lehman, 0'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None.