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HomeMy WebLinkAbout2002-02-27 Ordinance DEFEATED ~ PROVISIONAL USE 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 AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE E, ENTITLED "COMMERCIAL AND BUSINESS ZONES," TO PERMIT GROCERY STORES AS A PROVISIONAL USE IN THE C1-1, INTENSIVE COMMERCIAL ZONE. WHEREAS, grocery stores have not previously been permitted in the C1-1, Intensive Commercial Zone; and WHEREAS, large grocery stores generally generate large amounts of retail traffic that may be incompatible with industrial traffic and the operation of the intensive commercial and quasi- industrial uses permitted in the C1-1 Zone; and WHEREAS, small grocery stores generally generate less traffic and therefore would not be detrimental to the operation of the intensive commercial and quasi-industrial uses primarily intended for and existing in the C1-1 Zone; and WHEREAS, the imposition of a size limitation on grocery stores permitted in the C1-1 zone would sufficiently address any incompatibilities between the operation of small grocery stores and the operation of the intensive commercial and quasi-industrial uses primarily intended for and existing in the C1-1 Zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT: Chapter 6, entitled "Zoning," Article E, entitled "Commercial and Business Zones," Section 4, entitled "Intensive Commercial Zone (C1-1)," Subsection C, entitled "Provisional Uses," is hereby amended to include the following additional subparagraph, with all succeeding subparagraphs renumbered as appropriate: 2. Grocery stores, provided the total floor area of a grocery store does not exceed thirty thousand (30,000) square feet. SECTION I1. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. DEFEATED Ordinance No. Page 2 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,2002. MAYOR ATTEST: CITY CLERK AYES: O'Donnell, Pfab, Champion. NAYS: Lehman, Kanner,Vanderhoef, Wilburn. ABSENT: None. Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ01-00026) ORDINANCE NO. 02-4004 ORDINANCE AMENDING THE SENSITIVE AREAS DEVELOPMENT PLAN FOR LOTS 3 AND 4 OF A RESUBDIVISION OF LOT 53 OF WALDEN HILLS, LOCATED AT THE INTERSECTION OF ROHRET ROAD AND SHANNON DRIVE. WHEREAS, the .applicant, Emerson Point Limited Partnership, has requested that the City approve a revised preliminary Sensitive Areas Development Plan for Lots 3 and 4 of a Resubdi~ision of Lot 53 of Walden Hills, located within the OSA-8, Sensitive Areas Overlay Zone at the northwest corner of Rohret Road and Shannon Drive, to allow a 54-unit housing facility; and WHEREAS, the revised Sensitive Areas Development Plan, associated with this ordinance, complies with all provisions of the March 4, 1997, Conditional Zoning Agreement, meets the requirements for a preliminary Sensitive Areas Development Plan, and illustrates a development that will be compatible with the surrounding residential neighborhood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~]~-~,J~ZAL A revised preliminary Sensitive Areas Development Plan is hereby approved for the property described below, located within the OSA-8, Sensitive Areas Overlay Zone. Lot 3 and Lot 4 of Resubdivision of Lot 53, Walden Hills Subdivision, Iowa City, Johnson County, Iowa. ~[C~LZ~z~. 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. 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 Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. ~. All ordinances and pads of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V SFVERABILITY 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 DATF This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. r..4~~d approved this ~ dayp¢'~ February ,20 02. ATTEST: ~'~..¢.m_~.~¢_2 t'} ~f..~_/' CITY CLE'RK Approved by CitCAttorney s Office Ppdadrr,/ord/REZ01 ~)0026 doc Ordinance No. 02-4004 Page 2 It was moved by Vanderhoef and seconded by Wi 1 burn that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: 7/0 X Champion ( In accordance Kanner X wi th Resolution X Lehman 00-117. Absten- X O'Donnell tion is consid- ered an aff~rm- X Pfab ative vote.) X Vanderhoef X Wilbum First Consideration 2/19/02 Voteforpassage:AYES; Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Second Consideration ........... Vote for passage: Date published 3/7/02 Moved b.y Vanderhoef, seconded by O'Donnell, that the ru]e requiring ordinances to b~ considered and voted on for passage at two Counct] meetings [~_rior to the meeting at which it is to be finally passed be suspended, the secon~consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Vanderhoef, Wilburn, Champion, Lehman, O'Donnell, Pfab. FLAYS: Kanner. ABSENT: None. Prepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ01-00023) ORDINANCE NO. 02-4005 AN ORDINANCE REZONING APPROXIMATELY 95 ACRES LOCATED BETWEEN COURT STREET AND LOWER WEST BRANCH ROAD FROM LOW DENSITY SINGLE FAMILY, RS-5, AND MEDIUM DENSITY SINGLE FAMILY, RS-8, TO SENSITIVE AREAS OVERLAY, OSA/RS-5 AND OSA/RS-8 WHEREAS, Southgate Development has applied for a preliminary plat of Lindemann Subdivision, an approximate 95.2 acre subdivision located north of Court Street, south of Lower West Branch Road, and east of Scott Park Drive / Hummingbird Lane; and WHEREAS, Because wetlands, a stream corridor and hydric soils exist on the property proposed to be subdivided, a Sensitive Areas Overlay Rezoning is required; and WHEREAS, One of the purposes of the Sensitive Areas Ordinance is to foster urban design that minimizes disturbance of envirenmentally sensitive features; and WHEREAS, 100-foot buffers are required between wetlands and any development activity, and 15-foot buffers are required between the defined 30-foot wide stream corridor and any development activity; and WHEREAS, The required buffers are shown on the Sensitive Areas Site Plan for Lindemann Subdivision, and the requirements of the Sensitive Areas Ordinance are met; and WHEREAS, the Conditional Zoning Agreement associated with the RS-5 and RS-8 zoning of the property remains in full fome and effect. 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 as follows: a. The following property is hereby reclassified from its current designation of Medium Density Single Family Residential, RS-8, to Sensitive Areas Overlay, OSNRS-8: Commencing at the Northeast Corner of the Southwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S00°05'18"E, along the East Line of said Southwest Quarter, and the West Line of Windsor Ridge Part Fifteen, in accordance with the Plat thereof as Recorded in Plat Book 41, at Page 212, of the Records of the Johnson County Recorder's Office, 2334.24 feet, to its intersection with the Northerly Right-of-Way Line of Court Street; Thence S80°04'52"W, along said Nodherly Right-of-Way Line, 14.62 feet; Thence Ordinance No. 02-4005 Page 2 Southwesterly, 203.49 feet, along a 1040.00 foot radius curve, concave Southeasterly, whose 203.16 foot chord bears S74°28'33"W; Thence S68°52'14'~N, along said Nodhedy Right-of-Way Line, 114.88 feet; Thence Southwesterly, 372.64 feet, along a 960.00 foot radius curve, concave nodhwesterly, whose 370.30 foot chord bears S79°59'27"W; Thence N88°53'21"W, along said Northerly Right-of-Way Line, 220.06 feet; Thence N11°25'10"W, 1712.92 feet; Thence N02°18'21"E, 541.36 feet, to the Southwest Corner of a "Plat of Survey'' as Recorded in Plat Book 8, at Page 35, of the Records of the Johnson County Recorder's Office; Thence S87°41'39"E, along the South Line of said "Plat of Survey", 496.30 feet, to the Southeast Corner thereof; Thence N02°18'21"E, along the East Line of said "Plat of Survey", 321.40 feet, to the Northeast Corner thereof, and a Point on the North Line of said Southwest Quarter; Thence S87°41'39"1~, along said North Line, 707.0 feet, to the Point of Beginning. Said RS8 rezoning parcel contains 60.13 acres, more or less, and is subject to easements and restrictions of record. b. The following property is hereby reclassified from its current designation of Low Density Single Family Residential, RS-5, to Sensitive Areas Overlay, OSA/RS-5: Commencing at the Northeast Corner of the Southwest Quarter of Section 7, Township 79 North, Range 5 west, of the Fifth Principal Meridian; Thence N87°41'39"W, along the North Line of said Southwest Quarter, 1203.80 feet, to the Northwest Corner of the "Plat of Survey" in accordance with the Plat thereof Recorded in Plat Book 8, at Page 35, of the Records of the Johnson County Recorder's Office and the Point of Beginning; Thence S02°18'21"W, along the West Line of said "Plat of Survey", 321.40 feet, to the Southwest Corner thereof; thence continuing S02°18'21"W, 541.36 feet; Thence Sl1°25'10"E, 1712.92 feet, to a Point on the North Right-of-Way Line, of Court Street; Thence N88°53'21"~N, along said North Right- of-Way Line, 551.26 feet; Thence Southwesterly, 79.77 feet, along said North Right-of-Way Line on a 1440.00 foot radius curve, concave Southeasterly, whose 79.76 foot chord bears S89°31'26"W; Thence S87°56'13"W, along said North Right-of-Way Line, 103.03 feet; Thence Southwesterly, 75.34 feet, along said North Right-of-Way Line on a 1360.00 foot radius curve, concave Northwesterly, whose 75.33 foot chord bears S89°31'26"W; Thence N88053'21"W, along said North Right-of-Way Line, 9.02 feet, to the Ordinance No. 02-4005 Page 3 Southeast Corner of Scott Boulevard East - Part Two, in accordance with the Plat thereof Recorded in Plat Book 33, at Page 25, of the Records of the Johnson County Recorder's Office; Thence N00°39'55"W, along the East Line of said Scott Boulevard East - Part Two, the East Line of Auditor's Parcel 95-004, in accordance with the Plat thereof Recorded in Plat Book 35, at Page 17 of the Records of the Johnson County Recorder's Office, the East Line of Scott Boulevard East, part Four, in accordance with the Recorded Plat thereof; 1094.26 feet, to the Northeast Corner of said Scott Boulevard East Part Four; Thence S89°06'58"W, along the North Line of said Scott Boulevard East, Part Four, a distance of 3.56 feet, to the Southeast Corner of a Parcel of Land as Conveyed by Warranty Deed as Recorded in Deed Book 1211, at Page 60 of the Records of the Johnson County Recorder's office; Thence N00°21'18"E, along the East Line of said Conveyed Parcel, and the East Line of Lyman Subdivision, in accordance with the Plat thereof Recorded in Plat Book 31, at Page 246 of the Records of the Johnson County Recorder's Office, 530.00 feet, to the Northeast Corner of said Lyman Subdivision, and the Southeast Corner of a Parcel of Land conveyed by Warranty Deed as recorded in Deed Book 453, at Page 167 of the Records of the Johnson County Recorder's Office; Thence N01°00'12"W, along the East Line of said Conveyed Parcel, and the East Line of a Parcel of Land conveyed by Warranty Deed as Recorded in Deed Book 446, at Page 261, of the Records of the Johnson County Recorder's Office, 280.14 feet, to the Northeast Corner thereof, and the Southeast Corner of a Parcel of Land conveyed by Warranty Deed as Recorded in Deed Book 1029, at Page 395 of the Records of the Johnson County Recorder's office; Thence N00°51'17'~N, along the East Line of said Conveyed Parcel, 108.92 feet, to the Northeast Corner thereof; Thence N00°49'22"W, 325.93 feet, to the Southwest Corner of a Parcel of Land conveyed by Warranty Deed as Recorded in Deed Book 329, at Page 313, of the records of the Johnson County Recorder's Office; Thence S87°42'15"E, along the South Line of said Conveyed Parcel, 106.01 feet, to the Southeast Corner thereof; Thence N01°00'15"W, along the East Line of said Conveyed Parcel, 218.01 feet, to the Northeast Corner thereof, and a Point on the North Line of said Southwest Quarter, Thence S87°41'39"E, along said North Line, 436.24 feet, to the Point of Beginning. Said Rezoning Ordinance No. 02-4005 Page 4 Parcel contains 35.08 acres, more or less, and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same at the Office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. 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 unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed ~ approved this 27th day of Febr.u~r.v .,,) - _>2002 -- -/'/'~ ATTEST: /f/,-'2'~.~-,? ~ ~:~_-f.4 ~Y CITY C L E~-,K T:\sha red~:m~:~Lin de ma nn subdivision OSA.d oc; Ordinance No. 02-4005 Page, 5 It was moved by Vand~rhnPf and seconded by (~' Dnnnell that the Ordinance as road be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum First Consideration 2/5/02 Voteforpassage: AYES: Vanderhoef, Wilburn, Champion, Lehman, 0'Donnell. NAYS: Kanner, Pfab. ABSENT: None. Second Consideration 2/19/02 Voteforpassage:AYES: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion. NAYS: Kanner, Pfab. ABSENT: None. Date published 3/7/02 prepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (VAC01-00004) ORDINANCE NO. ORDINANCE VACATING THE NORTHERN 182 FEET OF THE 20-FOOT WIDE ALLEY RIGHT-OF- WAY LOCATED SOUTH OF BURLINGTON STREET AND WEST OF DUBUQUE STREET WHEREAS, The City of Iowa City has initiated the vacation of the northern 182 feet of the 20-foot wide alley in Block 102 of Iowa City, south of Burlington Street and west of Dubuque Street; and WHEREAS, Vacating this alley right-of-way will allow for a structure to be connected to the City's planned Near Southside Transportation Center on the east half of Block 102; and WHEREAS, Facilitating the ability of a private development and structure to be connected to the Near Southside Transpodation Center may increase the potential of private development on the west half of Block 102, which is in the City's interest; and WHEREAS, Vacating the northern 182 feet of the alley in Block 102 will also close an access to Burlington Street, a 4-lane state highway, and reducing the number of access points onto arterial streets when opportunities arise is in the interests of the public; and WHEREAS, The northern 182 feet of the alley in Block 102 should be vacated only if an acceptable 20- foot wide access is dedicated to the City to Clinton Street from the southern portion of the alley; and WHEREAS, Necessary utility easements will be obtained. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~ The City of Iowa City hereby vacates the right-of-way legally described as follows: The northerly 182 feet of the 20-foot wide public alley in Block 102, Iowa City, Iowa, containing 3680 square feet. ~. 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 par~ 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 ,20 MAYOR ATTEST: CITY CLERK 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: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 2/5/02 Voteforpassage: AYES:Lehman, 0'Donne'l], Pfab, VAnderhoef, Wilbur'n, Champion, Kanne~'. NAYS: None. ABSENT: None. Second Consideration 2/19/02 " Voteforpassage: AYES: Lehman, 0'Donne]l, Pfab, Vanden'hoer, I~/'ilburn,Champion, Kanner'. NAYS: None. ABSENT: None. Date published Prepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (VAC01-00006) ORDINANCE NO. 02-4006 ORDINANCE VACATING A PORTION OF NORTHGATE DRIVE. WHEREAS, The City of Iowa City has received a request for a resubdivision of Highlander First Addition, Lots 8-14; and WHEREAS, Northgate Drive is proposed to be relocated as part of the new subdivision design; and WHEREAS, The existing right-of-way that is proposed to be relocated has not yet been paved or improved; and WHEREAS, The existing right-of-way will be vacated upon approval of the final plat of a Resubdivision of Highlander First Addition, Lots 8-14, which includes dedication of new right-of-way for Northgate Drive. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I.VACATION. The City of Iowa City hereby vacates the right-of-way legally described as follows: That part of Northgate Drive (formerly Highlander Drive) as shown on the plat of Highlander Development First Addition to Iowa City, Iowa, recorded in plat book 25, Page 42, of the Johnson County Recorders Office lying north and east of a southerly extension of the easterly line of Lot 7 of the Highlander Development First Addition, the centerline of said Northgate Drive being more particularly described as follows: Commencing at the Southeasterly corner of Lot 7: Thence South 3o41"26" East 25.00 feet along a Southerly extension of the Easterly line of said Lot 7 (assumed bearing for this description only) to a point of intersection with the centerline of said Northgate Drive, said point being point of beginning of the herein described centerline; Thence Northeasterly 119.00 feet along the arc of a 1750.00.0 foot radius curve concave Northerly (chord bearing North 86o11'45'' East 199.88 feet) to a point of tangency; Thence North 84013'59'' East 31.55 feet to a point of curvature; Thence Northeasterly 221.26 feet along the arc of a 150.00 foot radius curve concave Northwesterly (chord bearing North 41o58'30'' East 201.74 feet) to a point of tangency; Thence North 0o17'00'' West 478.25 feet to a point of intersection with a North line of said Ordinance No. 02-4006 Page 2 Highlander Development First Addition and the end of the centerline herein described. The sidelines of said Northgate Drive are 25.0 feet in normal distance right and left of the herein described centerline and are to begin at the Southerly extension of the Easterly line of said Lot 7 and terminate at the Northeast corner of Lot 9 and the Northwest corner 10 of said Highlander Development First Addition. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this ~ day of F e b,?~)- y , 2002 ~ CITY CLE-"RK Approved by Ci{y A~-torn~y's (~fice Ordinance No. 02-4006 Page. 3 It was moved by Vanderhoef and seconded by Wil burn that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilbum First Consideration 2/5/02 Voteforpassage: AYES: O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Kanner, Lehman. NAYS: None. ABSENT: None. Second Consideration 2/19/02 Voteforpassage: O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Kanner, Lehman. NAYS: None. ABSENT: None. Date published 3/7/02 Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240(REZ01-0005) ORDINANCE NO. 02-4007 AN ORDINANCE REZONING 4.01 ACRES LOCATED SOUTH OF HERBERT HOOVER HIGHWAY EAST OF SCOTT BOULEVARD FROM COUNTY LOCAL COMMERCIAL, C-1 TO COMMERCIAL OFFICE, CO-1. WHEREAS, the Waverly Group, inc., the applicant and properly owner, has requested the annexation of 4.01 acres of property; and WHEREAS, the applicant has requested that the property be rezoned from its current County zoning classification of Local Commercial, C-1, to Commercial Office, CO-1; and WHEREAS, the proposed CO-1 zoning is in compliance with the Comprehensive Plan including the Northeast District Plan, which proposes mixed-use retail, office and residential development in this area; and WHEREAS, the Planning and Zoning Commission has recommended approval of the annexation and rezoning: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~. The property described below is hereby reclassified from its present classification of County C-1 to CO-1: A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TM P.M. JOHNSON COUNTY, IOWA, THENCE S00°35'42"W, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 964.84 FEET; THENCE N76°36'52"E, 916.97 FEET; THENCE S01°19'52"W, 324.75 FEET, TO THE POINT OF BEGINNING; THENCE S88°40'08"E, 325.96 FEET; THENCE S01°19'52"W, 404.00 FEET; THENCE N88°40'08"W, 432.00 FEET; THENCE N01°19'52"E, 404.00 FEET; THENCE S88°40'08"E, 106.04 FEET, TO THE SAID POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 4.01 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION I[. 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 final passage, approval, and publication of this ordinance as provided by law. ~J~L~ALE~. All ordinances and paris of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V EFFECTIVE DATE This Ordinance shall be in effect after its final passage, approval and publication,/ae-R,rovided by law. Pas~e~d anC/approy¢ this ~y of~'~-ebruary ,20 02 CITY OLERK Approved by CitC'A~torne~'s C~ce ppdad~n/ord/hcover dc~ Ordinance No. 02-4007 Page 2 It was moved by W-i 1 burn and seconded by Pfah that the Ordinance as read be adopted, and upon roll call thero were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab × Vanderhoef × . Wilbum First Consideration 2/5/02 Voteforpassage: AYES: Vanderhoef, W.ilburn, Champion', Kanner, Lehman, O'Donnell, Pfab. NAYS: None. ABSENT: None. Second Consideration 2/].9/02 Voteforpassage: AYES: Pfab, Vanderhoef, W.i]burn, Champ'ion, Kanner,Lehman, O'Donnell. NAYS: NONE. ABSENT: None. Date published 3/7/02 Prepared by: Marian Karr, City Clerk, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. 02-4008 ORDINANCE AMENDING TITLE 1, CHAPTER 9, SECTION 3, "ELECTION PRECINCTS" OF THE CITY CODE OF IOWA CITY, IOWA, TO AMEND THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY, IOWA TO CORRECT A SCRIVENER'S ERRORS IN PRECINCT 4 AND TO INCLUDE PROPERTIES ANNEXED IN PRECINCT 25 WHEREAS, the City of Iowa City established boundaries of the voting precincts by Ordinance 02-3993 on January 8, 2002; and WHEREAS, the City of Iowa City had discovered a scrivener's error in the description of Precinct 4 outlined in that ordinance; and WHEREAS, the City of Iowa City has annexed territory since January 8, 2002; and WHEREAS, the annexation of territory necessitates the amendment of voting precinct boundaries to accurately reflect the same and provide proper polling places for the city's inhabitants. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. AMENDMENT. Title 1, Chapter 9, Section 3, "Election Precincts" of the City Code of Iowa City, Iowa, be and the same is hereby amended by: A. Deleting Precinct 4 and replacing it with the following: Precinct 4: Beginning at the intersection of Newton Road and Riverside Drive; west on Riverside Drive and Highway 6 to the Iowa City corporate limits; north along the corporate limits to the Iowa River; proceeding west and north along the Iowa River to the intersection of Dubuque Street at the Butler Bridge; south on Dubuque Street to the Iowa City corporate limits; south along the corporate limits to Interstate 80; east along Interstate 80 to Dubuque Street; south on Dubuque Street to Park Road; west on Park Road to the Iowa River; south along the river to Iowa Avenue; west on Iowa Avenue to the point of beginning. B. Deleting Precinct 25 and replacing it with the following: Precinct 25: Beginning at the intersection of Court Street and Westminster Street; north on Westminster Street to Washington Street; west on Washington Street to Mt. Vernon Drive; north on Mt. Vernon Drive to Rochester Avenue; east on Rochester Avenue to the Iowa City corporate limits; south and east along the Iowa City Corporate Limits to the east boundary of Section 7, Township 79 north, Range 5 west of the 5th Principal Meridian, south along said section line to Court Street; west on Court Street to the point of beginning. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION Ill. 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 IV. EFFECTIVE DATF. This Ordinance shall be in effect after its final passage, approval and publicat~O.,~Qt as provided by law. P.~,/~ndapTed~d~ February ,20 02. ATTEST: <..,.~ ...... ~ ,,~ F/'~- L~ ) CITY CLERK " Approved by City Attorney's Office cie rldord/eleclion pr ecincls doc O~inanceNo. 02-4008 Page 2 It was moved by Wilburn and seconded by (;hampion that the Ordinance as read be adopted, and upon roll call thero were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum First Consideration 2/19/02 Voteforpassage: AYES: Champion, Kanner, Lehman, 0'Donnell, Pfab, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Second Consideration .................. Vote for passage: Date published 3/7/02 Moved by Wilburn, seconded by Pfab, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Champion, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. NAYS: Kanner. ABSENT: None. Prepared by: Chuck Schmadeke, Public Works, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5141 ORDINANCE NO. 02-4009 ORDINANCE AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE", CHAPTER 3, ENTITLED "CITY UTILITIES", ARTICLE E, ENTITLED "WASTEWATER TREATMENT WORKS INDIRECT DISCHARGE", SECTION 4, ENTITLED "PRETREATMENT STANDARDS", OF THE CITY CODE TO AMEND WASTEWATER TREATMENT PLANT INFLUENT STANDARDS. WHEREAS, the City has constructed new wastewater treatment facilities and now desires to amend the infiuent limits at the North and South Treatment Plants; and WHEREAS, the Iowa Department of Natural Resources has approved the City's amendments after providing a 45-day public comment period and receiving no response; and WHEREAS, the City desires to amend the wastewater treatment works indirect discharge previsions of the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMFNF~MFNT. Title 14, entitled, "Unified Development Cede", Chapter 3, entitled "City Utilities", Article E entitled "Wastewater Treatment Works Indirect Discharge", Section 4, entitled "Pretreatment Standards", of the City Code is hereby amended by: Repealing Subsections 14-3E-4.B(2) and (3), and adding new Subsections 14-3E-4.B(2) and (3) as follows: 2. No industrial user shall discharge wastewater causing the following limitations to be exceeded at the North POTW Treatment Plant influent when measured in a 24-hour composite sample: Ammonia 1279.0 Cadmium 1.98 CBOD 10,000.0 Chromium 5.46 Copper 6.10 Cyanide 1.02 Lead 8.92 Mercury 0.02 Molybdenum 8.63 Nickel 5.18 pH 6.0 - 9.5 Phenols 55.15 Selenium 3.55 Silver 2.96 Toluene 55.15 TSS 9,893.0 Zinc 31.28 Ordinance No. 02-4009 Page 2 3. No industrial user shall discharge wastewater causing the following limitations to be exceeded at the South POTW Treatment Plant influent when measured in a 24-hour composite sample: Ammonia 1,900.00 Cadmium 5.17 CBOD 16,554.0 Chromium 16.93 Copper 21.02 Cyanide 2.08 Lead 12.22 Mercury 0.02 Molybdenum 6.72 Nickel 7.53 pH 6.0 - 9.5 Phenols 94.58 Selenium 5.29 Silver 6.29 Toluene 94.58 TSS 16,368.0 Zinc 63.05 SECTION II. RfPEAI FR All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION Ill REVERABII ITY. 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. EFF:FC;.TIVF: F)ATF. This Ordinance shall take effect on May 1, 2002. Passed and approved this 27th dayof ,,qFeb~'ua~'y ,20 02 ~raY(~ ' AttEST: ~~) ~ CITY'CLERK Approved by Ci~ A'~t~mey'~Office pweng/ord~nfluent.doc Ordinance No. 02-4009 Page. 3 It was moved by Vanderhoef and seconded by Pf~h that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell y. Pfab × Vanderhoef X Wilbum First Consideration 2/5/02 Voteforpassage: AYES: O'Donne'l'l, Pfab, Vander'hoef, W.i]bu~'n, Champion, Kanner, Lehman. NAYS: None. ABSENT: None. Second Consideration 2/7.9/02 Voteforpassa_(:le: AYES: Kanner, Lehman, O'Donne]'l, Pfab, Vanden'hoer, W.i]but'n, Champ'ion. NAYS: None. ABSENT: None. Date published 3/7/02