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HomeMy WebLinkAbout2005-11-15 OrdinancePrepared by: Robert 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 PLANNED DEVELOPMENT HOUSING OVERLAY - MEDIUM DENSITY SINGLE FAMILY (OPDH-8) 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 OPDH-8 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 OPDH-8. East Hill Subdivision SECTION 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 East Hill Subdivision: a. Duplexes will be permitted. b. Dimensional standards will be those of the RS-8 zone that were in place as of October 1, 2005. Any subsequent requirements for garage placement or the percentage of a fa(;ade of a street- facing garage do not apply. SECTION III. 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. 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 All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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 Approved by City ttorney's Office ppdadm/ord/REZ05--00012.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 ] !/] 5105 Vote f or passage:AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman, NAY S: None. AB SENT: None. Second Consideration Vote for passage: Date published Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ05-00018) 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 I1. 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 II1. 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 ppdadnYord/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 ] ] / 1/0.5 Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None. ABSENT: None. Second Consideration 11 / 15 / 05 Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman, O' Donnell. NAYS: None. ABSENT: -None. 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 American 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 fora 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 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. 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 applicaht'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 Attorney'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 Ernest Lehman, Ma~/or ,~ A. Trammell Attest: By:/~'~,~-'".~ R~be r~,.~.~M~t(Jh~ll Marian K. Kart, CitY.Clerk : Arlingt,~/~velopment, Inc. Gary D. Watts Madan K. Karr, City-Clerk Approved by:~ .~~'~ /~/~"/~..~"- B ~n W. Moreland, Jr. City A~orney's O~ce CI~ OF IOWA CI~ ACKNOWLEDGEMENT: STATE OF IOWA ) ) JOHNSON COUNTY ) On this ~ day of , A.D. 2005, before me, the undersigned, a n°ta~ public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me persbnally 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 ~,~-"ff'day of(~_.~a~¢._, 2005 by Joe A. Trammell as President, Robed R. Mitchell as Treasurer and Richard Stagg as Secretary of Fairview, Inc. Iowa City. ,., , ~ R. FREDERICK [ ~ ~J Not&y~Public in and for the State of Iowa - My commission expires: x'-,-, ARLINGTON DEVELOPMENT, INC. ACKNOWLEDGEMENT: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2. ~' day of 0¢ ~ ~-'" , A.D. 2005, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~-a~/, to me personally known, who, being by me duly sworn, did say that they are the j0~.~/~.~, a,~' ,~-c,¢,/.~, 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 said~,~ J~, ~,~/~ such officers acknowledged the execution of said instrument to be the volunta~ act and deed of said corporation, ~tarily executed. Nota~ Public ~ ~ ~aid nty and State I~m~" N~ ~TS282I F~"l M~o~~ I 00282632.RTF} 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 III. 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 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'Donneil Vanderhoef Wilburn First Consideration ], 1 / 1/05 Vote for passage: AYES:Champion, Elllott, Lehman, O~Do~ell, Ya~derhoef. NAYS: Wilburn, Bailey. ABSENT: None. Second Consideration 11 / 15/05 Voteforpassage: AYES: Champion, Elliott, Lehman, O'Donnell, YAnderhoef. NAYS: Wilburn, Bailey. ABSENT: None. 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 CRI&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 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. 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 11 / ~/05 Vote for passage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef. NAYS: Bailey, Wilburn. ABSENT: None. Second Consideration 11 / 15 / O5 Vote f or passage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef. NAYS: Wilburn, Bailey. ABSENT: None. 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 ¢B-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 Ill. 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 pads 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 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 ].0/].8/0.5 Vote for passage: AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champ ion. NAYS: None. ABSENT: None. Second Consideration ! 1 / 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 1/, of the NE ¼ and the SW ¼ of the NE ¼ of the NE ¼ 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 SW1/4 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 nodherly 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"W, 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, S12°39'26'~V, 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 ¼, 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 ¼ 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 880 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'¥V; Thence S33°43'51'~/V, 97.64 feet; Thence S89028'15"W, 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 ¼ 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'~N - 128.03 feet; thence N37°50'18"VV - 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 30°04'23" and a chord of N05°04'34'¥V - 84.54 feet; thence N20°09'17"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 58000'43" 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 N22014'12"W - 202.04 feet; thence northerly - 34.87 feet along a 25.00 foot radius curve concave easterly with a central angle of 79055'30" 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 07°20'22'' 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 N70°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 S22026'14"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"W - 22.34 feet; thence N89°57'39"E - 173.42 feet; thence S00°02'21"E - 1038.77 feet; thence S67052'28'Y~/- 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'~/- 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 cedify 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 Cit~t{o}n'ey's 6ffice 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 tO/t8/05 ' Vote f or 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: Robed 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. ~.i~.SECTION Ill. ZONING MAP. The Building Official is hereby authorized and directed to change the Z6ning 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/REZ05-00010.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 10/18/05 Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None. ABSENT: None. Second Consideration 11 / 1/0.5 Voteforpassage: AYES: O'Donnell, Vanderhoef, 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 Voteforpassage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman, O' Donnell. NAYS: None. ABSENT: None. Second Consideration 11 / 1 /05 Vote for passage: AYES: Vanderhoef, Wilburn, Bail.ey, Champion, Elliott, Lehman, O'Donnell. NAYS: None. ABSENT: None. Date published Prepared by: Robed 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 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 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 ~;i~ ~t~or~ey's~Office ppdadm/ord/REZ05-O0013.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 ' Voteforpassage: AYES: Vanderhoef, Wilburn, Bailey,Champion,Elliott, Lehman, 0'Donnell. NAYS: None. ABSENT: None. Second Consideration 11 / 1/05 Vote for passage: 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. 05-4184 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 II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or 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 appro,~,ed this 15t~:~ /'~ay of~, 2005. City Attorney's Office Ppdsdm/ord/vac05-00007 .doc Ordinance No. 05-4184 Page 2 It was moved by ' Wilburn and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey × Champion x Elliott × Lehman × O'Donnell ;~ Vanderhoef x Wilburn First Consideration 10/18/05 Voteforpassage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elli°tt, Lehman, O' Donnell. NAYS: None. ABSENT: None. Second Consideration 11 / 1 / 05 Vote for passage: AYES: Bailey; Champion, Ellio.tt, Lehman, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Date published 11/23/05 /©. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS;" TO LIMIT FENCES TO THREE (3) FEET IN HEIGHT, TO ALLOW SIDEWALK CAFES ONLY IN ZONE I IN CITY PLAZA, TO CLARIFY THE DEFINITION OF AMENITY, AND TO REQUIRE ANCHORED FENCING EXCEPT IN THE WINTER MONTHS, AND CHAPTER ,5, ENTITLED "CITY PLAZA," SECTION 7, ENTITLED "USE OF CITY PLAZA," PARAGRAPH A TO CLARIFY THAT SIDEWALK CAFES ARE A PERMITTED COMMERCIAL USE IN CITY PLAZA. WHEREAS, sidewalk cafes are a use of public sidewalks and City Plaza that require a temporary easement; and WHEREAS, sidewalk cafes currently may be located in both Zones 1 and 2 in City Plaza; and WHEREAS, Zone 1 is the ten (10) foot strip directly abutting the private property lines, Zone 2 is the area not in Zones 1 or 2, and Zone 3 is the emergency/service lane that runs through the middle of City Plaza; and WHEREAS, the City Code presently requires eight (8) feet of unobstructed space adjacent to the front of sidewalk cafes in City Plaza to ensure a sufficient way for pedestrian travel; WHEREAS, the adjacency requirement creates complications for businesses in City Plaza wishing to have sidewalk cafes due to the presence of benches and other obstructions, but is unnecessary if sidewalk cafes are limited to Zone 1 because Zone 3 at its most narrow section still provides over twelve (12) feet of unobstructed way for pedestrian travel; WHEREAS, for reasons of public safety and to enhance design uniformity and aesthetics, the height of the fencing should be limited to three (3) feet; and WHEREAS, to facilitate snow removal, anchored fencing should not be allowed during the winter months; and WHEREAS, temporary fencing should not be allowed after the first year except in the winter months; and WHEREAS, although sidewalk cafes presently cannot use "public amenities," that term needs further defining; and WHEREAS, to aid in the processing of renewals of sidewalk caf(~ easement agreements, said agreements should all terminate on the same date; and WHEREAS, it is in the City's interest adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 1, entitled "Definitions," is hereby amended by deleting the definition of "sidewalk cafe" and by substituting in its place the following new definition of "sidewalk cafe: An outdoor area located temporarily on a public sidewalk contiguous with any side of a building wherein a restaurant is located and where food and beverages are taken for consumption by persons 'sitting or standing at tables in that area. Sidewalk caf(~s may be located on a platform on top of a public sidewalk if the director of public works or designee determines there is excessive slope in the sidewalk and approves the design and if suitable access is provided for person with disabilities. Fencing shall not be more than three (3) feet in height, measured from the plane on which the chair sits to the top of the railing excluding finials. Permitted sidewalk caf(~s must abide by the requirements and limitations as determined by city council. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph A, entitled "Permitted Uses," is hereby amended by deleting Subparagraph 2 in its entirety and by substituting in its place the following new Subparagraph 2: Beginning February 1, 2006, sidewalk cafes in the city plaza shall be permitted only in Zone 1, as defined in Chapter 5 of this Title. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph B, entitled "Usable Sidewalk Caf~ Area," is hereby amended by deleting it in its entirety and by substituting in its place the following new Paragraph B: 1. Except in city plaza, a sidewalk caf~ area may not extend onto the sidewalk in a manner that will not allow a minimum of eight (8) feet of unobstructed sidewalk adjacent to the street for pedestrian use. In Ordinance No. Page 2 city plaza, there must be a minimum of eight (8) feet of unobstructed sidewalk between the three sides of the sidewalk caf6 that extend into Zone 1 and any public elevated planter. However, if two sidewalk cafes abut each other in city plaza, no minimum unobstructed sidewalk is required between the abutting cafes. 2. A sidewalk caf6 area shall not be located in street corner areas defined by building lines extended to the street and no closer than ten feet (10') from an alley. 3. a. Except during the term of the initial easement agreement and from December 1 to February 28 thereafter, the area for a sidewalk caf6 shall be delineated by anchored fencing. During the initial easement agreement and from December 1 to February 28, said area may be delineated by ropes or some other suitable method which shall be detectible by pedestrians who are visually impaired, and in such instance, tables, chairs and other items are to be removed at the end of the day's operation, and the sidewalk caf6 area shall be restored to its normal condition as a pedestrianway. No items shall be stored on the public right-of-way unless there is anchored fencing. b. Anchored fencing in a public sidewalk is subject to the approval of the director of public works, or designee. If stored outdoors, tables, chairs, and other items shall be secured within the anchored fencing at the end of each day's operation so that they are unusable and shall not block or obstruct emergency exits. The owner shall be responsible for any damages to the sidewalk caused by the placement off any anchored fencing. A deposit shall be required prior to the placement of any anchored fencing on a public sidewalk and shall be returned when the sidewalk is restored to its prior condition. The amount of the deposit shall be set by resolution of the city council. 4. A sidewalk caf6 may not utilize or encompass any public amenities, including but not limited to benches, seats, tables, trash receptacles, public art, bike racks, water spigots, kiosks, posting pillars, pergolas, trees, tree rings, and light poles. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafbs," Paragraph C, entitled "Days and Hours of Operation," is hereby amended by deleting Subparagraph I in its entirety and by substituting in its place the following new Subparagraph 1: A public right of way easement agreement shall be issued from February 1 through January 31. The initial agreement may be less than the one year, but shall expire on January 31. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Caf6s," Paragraph E, entitled "Sidewalk Caf6 Easement Agreement," is hereby amended by deleting the last sentence of Subparagraph 1 in its entirety and by substituting in its place the following new sentence: An annual fee for easement agreements shall be established by council resolution. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 7, entitled "Use for City Plaza," Paragraph A is hereby amended by deleting it in its entirety and by substituting in its place the following new Paragraph A: Commercial Use: No commercial use of city plaza is allowed except as authorized in this Title. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. 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 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 11/15/05 Vote for passage: AYES: O'Donnell, .Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None, ABSENT: None. Second Consideration Vote for passage: Date published CITY OF IOVVA CITY MEMORANDUM Date: November 9, 2005 To: Mayor and City Council From: Steve Atkins, City Manager Re: Sidewalk Caf6s There has been considerable discussion of the Sidewalk Caf6 Ordinance during the past few months. These discussions have been a result of comments received from the business community as well as city staff. On October 10th, I met with the Public Works Director, City Attorney, and City Clerk to consider the various perspectives. On November 7 we held further discussions with the staff making up the current sidewalk review committee. ©ur recommendations are detailed below and being presented to you on the November 15 Council agenda to enable ample notice for the next licensing year. 1. Chan.qes Specific to the Plaza: · Sidewalk cafes will be limited to Zone I (the contiguous 10' from the building face) While the current ordinance allows cafes in Zone 2 (the area between Zone 1 and the fire lane), with the exception of Givanni's cafb, the many city amenities in Zone 2 have limited cafes to Zone 1. · The existing requirement for an 8' adjacent walkway will be eliminated. However, there must be at least 8' between the sidewalk cafb and any elevated planter. 2. Chan.qes to all cafes: · Anchored fencing must be removed between December 1st and February 28 to facilitate snow removal. Cafes have always been able to utilize anchored fencing only between March and November. We have requested the fences be removed but there is currently no such requirement in the ordinance. Temporary fencing will still be permitted during those periods. Anchored fencing will be limited to a maximum height of 3 feet. Quinton's is the only existing cafb with a fence that exceeds 3 feet. · The ordinance will be clarified to define city amenities as any above grade feature such as benches, trash receptacles, public art, bike racks, water spigots, kiosks, posting pillars, trees, tree rings, lights, and pergolas. It is noted that fewer conflicts will exist if sidewalk cafes on City Plaza are restricted to Zone 1 as outlined in # 1 above. An ordinance has been prepared to address the items identified above. 3. Resolution changes: Fees remain the same but a provision will be added to allow prorated fees by quarters during the first year of operation. 4. Contiguous requirement: Staff recommends no change to the requirement that cafes be contiguous with the establishment. The City Attorney has reviewed this issue, and spoken with the Assistant Attorney General who represents the Alcoholic Beverages Division. It is the City Attorney's opinion that the State Code and administrative rules require the caf~ to be contiguous to the licensed establishment. While a walkway between the establishment and the caf6 could theoretically be leased by the City to the establishment such an arrangement conflicts with the November 9, 2005 Page 2 State Code requirement that the licensee have exclusive control over the licensed premises and creates significant liability and public safety issues. Cc: Asst. City Manager City Attorney City Clerk Public Works Director U:cmsc(3).doc PA~TY IOq tE. COLLEGE BT. : --"" NEUMANN ~NS~(,~h Addendum / ITC No: - A R C H I T ~C T S~ QIVANNr8 Supplemental Drawing No. - 81DEWALK ....... ,~ ....... -, ,, CAFE Sheet No: A-2 ,1~ c ,, :: ~ o,,= :~, ~ ~::,,~0 Project No.: 05.071 Date: 11.14.05