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HomeMy WebLinkAbout2010-11-30 Ordinance5b Prepared by: Tabatha Ries-Miller, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 1.38 ACRES OF LAND LOCATED AT 385 RUPPERT ROAD FROM INTENSIVE COMMERCIAL (CI-1) TO INSTITUTIONAL PUBLIC ZONE (P-2) (REZ10-00009) WHEREAS, the applicant, the University of Iowa, has requested a rezoning of approximately 1.38 acres of property located at 385 Ruppert Road; and WHEREAS, Section 14-2F-B-2 states that public uses of land owned or otherwise controlled by the State or Federal government, such as university campuses, regional medical facilities, post offices and other state and federally owned facilities should be zoned Institutional Public Zone (P-2).; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property legally described as Lot 1, North Airport Development-Part Two, Iowa City, Iowa, according to the plat thereof recorded in Book 45, Page 91, Plat Records of Johnson County, Iowa is hereby reclassified from its current zoning designation of Intensive Commercial (CI-1) to Institutional Public Zone (P-2). SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved bylaw. 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 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 All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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 bylaw. Passed and approved this day of , 2010. MAYOR ATTEST: CITY CLERK Ap oved by j0`~ Ci Attorney's Office I~ ~ ~ ~1,~ ~ i~ Prepared by: Tabatha Ries-Miller, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 1.38 ACRES OF LAND LOCA ED AT 385 RUPPERT ROAD FROM INTENSIV~ COMMERCIAL (CI-1) TO INSTIT ZONAL PUBLIC ZONE (P-2) (REZ10-00009) WHEREAS, the applicant, the University of low ,has requested a rezoning of,~pproximately 1.38 acres of property located at 385 Ruppert Road; and WHEREAS, Section 14-2F-B-2 states that public es of land owned or or Federal government, such as university campuses, r gional medical facil and federally owned facilities should be zoned Institutiona Public Zone (P-2) WHEREAS, the Planning and Zoning Commission ha reviewed the that it complies with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CI~ IOWA: SECTION I APPROVAL. Property legally described as L City, Iowa, according to the plat thereof recorded in Book 45, is hereby reclassified from its current zoning designation of li Zone (P-2). SECTION II. ZONING MAP. The building official is herek map of the City ofi Iowa City, Iowa, to conform to this amen publication of the ordinance as approved bylaw. SECTION III. CERTIFICATION AND RECORDING pc th~rwise controlled by the State s, post offices and other state and posed rezoning and determined COUNI~IL OF THE CITY OF IOWA CITY, rth Airport Development-Part Two, Iowa Plat Records of Johnson County, Iowa Commercial (CI-1) to Institutional Public ~d and directed to change the zoning the final passage, approval and City Clerk is hereby authorized and directed to certify copy of this ordin` Office of the County Recorder, Johnson County, low , at the City's exper approval and publication of this ordinance, as provi d by law. SECTION IV. REPEALER. All ordinances an parts of ordinances in nd approval of the Ordinance, the nce and record the same in the fie, upon the final passage, Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any secti ,provision or part of the Ordi n invalid or unconstitutional, such adjudication all not affect the validity of the O c section, provision or part thereof not adjud d invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. T is Ordinance shall be in effect after its publication, as provided bylaw. Passed and approved this _~day of MAYOR Ap oved by Ci Attorney's Office l o ~ rq~iv 2010. ATTEST: with the provisions of this :e shall be adjudged to be Hance as a whole or any passage, approval and 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 Dickens Hayek Mims Wilburn Wright First Consideration 11 / 30 / 2010 VOteforpaSSage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published A ~_. ~., STAFF REPORT To: Planning & Zoning Commission Item: REZ10-00009 GENERAL INFORMATION Applicant: Prepared by: Tabatha Miller, Planning Intern Date: October 21, 2010 The University of Iowa 2660 UCC Iowa City, IA 52242 Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: BACKGROUND INFORMATION: George Hollins 2660 UCC Iowa City, IA 52242 (319) 335-0126 Rezoning from C11 to P2 To reflect public ownership of the property and bring it into compliance with Section 14-2F of the Zoning Ordinance 385 Ruppert Road 1.38 acres Undeveloped Intensive Commercial (C11) North: Intensive Commercial (C11) South: Neighborhood Public (P1) East: Neighborhood Public (P1) West: Intensive Commercial (CI1) Intensive Commercial (CI-1) April 23, 2010 The applicant, the University of Iowa, requests that the subject property located at 385 Ruppert Road be rezoned from Intensive Commercial (CI-1) to Institutional Public Zone (P2) in order to bring the property into compliance with Section 14-2F of the Zoning Ordinance. The University of Iowa acquired the property to relocate the University of Iowa Hospital and Clinics Air Care emergency helicopter hanger and helipad. The present hanger and helipad are located on the Oakdale Campus, but the development of land S:PCD/Staff Reports/ REZ10-00009 UI Helipad surrounding the Oakdale hanger and helipad no longer meet the FAA requirement for unobstructed and safe landings and take-offs. Section 14-2F-B-2 states that public uses of land owned or otherwise controlled by the State or Federal government, such as university campuses, regional medical facilities, post offices and other state and federally owned facilities should be zoned Institutional Public Zone (P2). ANALYSIS: The property is currently zoned as Intensive Commercial (CI-1 ). The proposed rezoning to P2 has been initiated by the University of Iowa to reflect that the property has been acquired for a future helicopter hanger and helipad. The P2 zoning designation serves a notice function to those owning or buying land in proximity to subject property that it is not ordinarily subject to City development regulations. This zone change will bring the University owned parcel into compliance with Section 14-2F of the Zoning Ordinance. STAFF RECOMMENDATION: Staff recommends that REZ10-00009, an application to rezone 1.38 acres of land located at 385 Ruppert Road from C11 to P2 be approved. Attachments: 1. Location map 2. Aerial photograph Approved by: ~~~•clc Robert Miklo, Senior Planner, Department of Planning and Community Development S:PCD/Staff Reports/ REZ10-00009 UI Helipad 0 ~ ° > ~ ~ ~ ~ ~ L L i ~Q ~~ O o y r U ~ (/') ~~ a m ~~ i i gll I~VMH91H Ol0 ~~ N O F~1 G1 O O O O i O t'~I N r N V a U N O O ~~ ~H a O ~.._ r I ll' T N V V ~~~~.. '~, ~, ~~, ~, ~ ~~~ r^~ A~ W AO W ^~ W A '~ O O z z 0 V O W X10 _ 5c Prepared by: Tabatha Ries-Miller, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE REZONING THE FOLLOWING PROPERTIES OWNED BY THE CITY OF IOWA CITY TO NEIGHBORHOOD PUBLIC (P-1) ZONE: FROM OVERLAY PLANNED DEVELOPMENT LOW DENSITY (OPD-5) ZONE FOR PROPERTIES LOCATED IN DEAN OAKES SIXTH ADDITION, THORNBERRY DOG PARK, PENINSULA PARK, AND OAKMONT ESTATES; FROM OVERLAY PLANNED DEVELOPMENT LOW DENSITY (OPD-5) ZONE AND INTERIM DEVELOPMENT MULTI-FAMILY RESIDENTIAL (ID-RM) ZONE FOR PROPERTY LOCATED IN SAND HILL PARK; FROM OVERLAY PLANNED DEVELOPMENT MEDIUM DENSITY (OPD- 8) ZONE FOR FRAUENHOLTZ-MILLER PARK; FROM LOW DENSITY SINGLE FAMILY (RS-5) ZONE FOR AUDITOR'S PARCEL 2002301, TERRELL MILL PARK AREA, AND CERTAIN CITY-OWNED LAND WEST OF SCOTT BOULEVARD; AND FROM INTERIM DEVELOPMENT MULTI-FAMILY RESIDENTIAL (ID-RM) ZONE FOR PROPERTY LOCATED NORTH OF MCCOLLISTER BOULEVARD (REZ10-00011) WHEREAS, Section 14-2F-1 B-1 of the Zoning Ordinance states that uses such as schools, parks, police and fire stations, and other civic buildings owned or otherwise controlled by the County, the Ciry, or the Iowa City Community School District for such uses will be designated as P-1, Neighborhood Public Zones; and WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of the aforementioned properties from their prior zoning designation to Neighborhood Public (P-1 ); and WHEREAS, the properties whose descriptions are listed below fall into the category of properties owned by the City; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The zoning designation for the properties described below is hereby changed from the prior designation, to P-1, Neighborhood Public: 1. Dean Oakes Sixth Addition, Outlot A, according to the plat thereof recorded at Book 44, Page 11, in the records of the Johnson County Recorder. 2. Thornberry Dog Park and Peninsula Park legally described as: Johnson County Auditor's Parcel 95080, containing 190.2 acres and described on the plat of survey recorded August 10, 1995, in Book 35, Page 267, Records of Johnson County Recorder, including the portion thereof depicted and described as Outlot N in the approved preliminary plat for the Peninsula Neighborhood, Iowa City, Iowa, but excluding the balance of the property contained within the approved preliminary plat for the Peninsula Neighborhood, Iowa City, Iowa, and also excluding Johnson County Auditor's Parcel 97099, containing 24.00 acres. 3. Oakmont Estates, Outlot A, according to the plat thereof recorded at Book 46, Page 319, in the records of the Johnson County Recorder.. 4. Sand Hill Estates Part I, Outlot M, according to the plat thereof recorded at Book 47, Page 230, in the records of the Johnson County Recorder and Auditor's Parcel 2001051 according to the plat thereof recorded at Book 43, Page 94, in the records of the Johnson County Recorder. Ordinance No. Page 2 of 4 5. Frauenholtz-Miller Park legally described as: Windsor Ridge, Part Twenty "B", Outlot A, according to the plat thereof recorded at Book 51, Page 120, in the records of the Johnson County Recorder. 6. Auditor's Parcel 2002301 according to the plat thereof recorded at Book 45, Page 53, in the records of the Johnson County Recorder. Terrell Mill Park Area legally described as: Commencing at an iron Pipe at the intersection of the south line of Government Lot 2, Section 3, Township 79 North, Range 6 West of the 5th P.M. and the Westerly line of former Highway 218, thence north 33°57' W 293.3 feet to an iron pipe: thence north 88°37'W 805.4 feet to an iron pipe, thence south 81°41' W 60.3 feet to an iron pipe, thence south 0°26' E 778.7 feet to the Iowa River bank, thence southeasterly along said Iowa River 73 feet, thence north 16°22' E 233.5 feet to an iron pin, thence north 58°16' E 326.8 feet to an iron pipe, thence north 54°04' E 262.9 feet to an iron pin on the south line of said Government Lot 2, thence East along said line 386.6 feet to the place of beginning, as shown on plat record in Plat Book 2, Page 167, Plat Records of Johnson County, Iowa, and Commencing as a point of reference at the center of Section 3, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Jonson County, Iowa; Thence West 430.9 feet along the South line of Government Lot 2 in the Northwest Quarter of said Section 3 to a point of intersection with the former Westerly Right-of-Way line of North Dubuque Street (for purposes of this description the South line of said Government Lot 2 is assume to bear true East and West); Thence continuing West 386.6 feet along the south line of Government Lot 2 to the Point of Beginning of tract herein described; Thence S 54°04' W, 262.9 feet; Thence S 58°16' W, 326.8 feet; Thence S16°22' W, 233.5 feet to the Northerly Bank of the Iowa River; Thence S76°07'18" E, 159.40 feet along the Northerly Bank of the Iowa River; Thence N34°19'50" E, 712.57 feet to the point of beginning, and The West 80 feet of the following described tract: Beginning at a point on the Southerly line of Taft Speedway which point is located as follows: Commencing at the intersection of the Southerly line of Taft Speedway with the Westerly line of former. U.S. Highway #218; thence North 88 degrees, 37 minutes West along the Southerly line of Taft Speedway 805.4 feet; thence South 81 degrees, 41 minutes West along the Southerly line of Taft Speedway 60.3 feet to said point of beginning; from the point of beginning thus located thence South 00 degrees, 26 minutes East, 778.7 feet to the Northerly bank of the Iowa River; thence Northwesterly along the Northerly Bank of the Iowa River 780 feet more or less, to the intersection of said Northerly Bank of the Iowa River with the Easterly line of Lot 20 in Idylwild, according to the plat thereof recorded in Plat Book 1, Page 120, Plat Records of Johnson County, Iowa, thence North 00 degrees, 25 minutes West along the East line of said Lot 20, 425.5 feet to the Southerly line of Taft Speedway; thence North 81 degrees, 41 minutes East along the Southerly line of Taft Speedway 747.9 feet to the point of beginning, and Lot 20 in Idylwild, being a Plat of J.J. Hotz subdivision of a tract of land containing 12.21 acres along Iowa River on the south side of Government Lot 1 in Section 3, Township 79 N, Range 6 West of the 5th P.M., according to the plat thereof recorded in Plat Book 1, page 120, Plat Records of Johnson County, Iowa, and Lot 21, Idylwild, being a subdivision of a tract of land containing 12.21 acres on the South side. of Lot 1, Section 3, Township 79 North, Range 6 West of the 5th P.M. according to the plat thereof, recorded in Plat Book 1, Page 120, plat records of Johnson County, Iowa, and Lot 4 except the east 105 feet thereof, in Plat of Survey in Government Lot 7, Section 4, Township 79 North, Range 6 West of the 5th P.M., according to the Plat thereof recorded in Plat Book 3, Page 225, Plat Records of Johnson County, Iowa. Ordinance No. Page 3 of 4 8. Ralston Creek Area West Of Scott Boulevard legally described as: That portion of Parcel 1 lying west of Scott Boulevard R.O.W. and Parcel 3, according to the plat thereof recorded at Book 19, Page 84, in the records of the Johnson County Recorder, and That part of the Northeast Quarter of Section 13, Township 79 North, Range 6 West of the Fifth Principle Meridian, Johnson County, Iowa more particularly described below: Commencing as the Point of Beginning at the Southwesterly most corner of lot #571, Court Hill Addition Part 11A, as recorded in Plat Book 9, Page 40 of the records of Johnson County, Iowa; Thence South 83°57' East 258.0 feet along the south lines (and lines extended) of lots 571, 572, and 573 of said Court Hill Addition Part 11A to a point on the south line of said Lot 573 (for the purposes of this description only, the south lines of lots 571 and 572 are assumed to bear South 83°57'east); Thence South 84°09' east 524.3 feet along the south lines of lot 573, 574, 501, 496, 495, and 494 to a point, said point also being at the intersection with the Westerly line of a tract of land owned by the City of Iowa City and identified as Tract 3 of the Plat recorded in Plat Book 19, Page 84 of the records of Johnson County, Iowa; Thence South 17°47' West 157.8 feet (a recorded distance) along the West line of said Tract 3 to an angle point in said West line; Thence South 26°20' East 193.7 fest along said West line to a point; Thence North 71°47' West 858.7 feet to a point of intersection with the Easterly line of Lot 524, Court Hill Addition Part Twelve, as recorded in Plat Book 7, Page 18, records of Johnson County Iowa; Thence North 0°12' West 134.1 feet along the East lines of Lots 524 and 523 of said Court Hill Addition Part Twelve and along the East line of lot 570 of Said court Hill Addition Part 11A to the Point of Beginning. 9. That portion of Auditor's Parcel 95107 within South %Z Section 22, Township 79, Range 6 West of the 5th Meridian as shown on the plat of survey dated September 29, 1995 recorded at Book 35, Page 308, in the records of the Johnson County Recorder. 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 the ordinance as approved 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 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 bylaw. 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 , 2010. MAYOR ATTEST: CITY CLERK Ordinance No. Page 4 of 4 Appr ed by ~~ City Attorney's Office ~~ 1 2 3~lv 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 Dickens Hayek Mims Wilburn Wright First Consideration 11 / 30 / 2010 Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published .~ NCB'; 16 ~~„n c,, :- c'•,~~: a . ~di,i!-,'.1C'~n~~ Z Prepared by: Tabatha Ries-Miller, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-35~r'fi251 ORDINANCE NO. AN ORDINANCE REZONING THE FOLLOWING PROPER ES OWNED BY THE CITY OF IOWA CITY `TO NEIGHBORHOOD PUBLIC (P-1) ZONE: FROM OVERLAY PLANNED DEVEL PMENT LOW DENSITY (OPD-5) ZONE FOR PROPERTIES LOCATED IN DEA OAKES SIXTH ADDITION, THO NBERRY DOG PARK AND PENINSULA PARK, AND OAKMONT ESTATES; ROM OVERLAY PLANNED DEVELOPMENT LO DENSITY (OPD-5) ZONE ND INTERIM DEVELOPMENT MULTI-FAMILY RESID TIAL (ID-RM) ZONE FOR ROPERTY LOCATED IN SAND HILL PARK; FROM OVE LAY PLANNED DEVELO MENT MEDIUM DENSITY (OPD- 8) ZONE FOR FRAUEN OLTZ-MILLER PARK• FROM LOW DENSITY SINGLE FAMILY (RS-5) ZONE FO PROPERTY LOCAT D IN COUNTRY CLUB ESTATES, TERRELL MILL PARK AREA AND WEST OF S OTT BOULEVARD; FROM INTERIM DEVELOPMENT MULTI-FAM Y RESIDENTI L (ID-RM) ZONE FOR PROPERTY LOCATED NORTH OF MCCOLL STER BOUL ARD (REZ10-00011) '~ w ~' ..~ WHEREAS, Section 14-2F-1 B-1 of th~Zoning dinance states that uses such as schools, parks, police and fire stations, and other civic buildings o City Community School District for such use: WHEREAS, the applicant, the City of properties from their prior zoning designation WHEREAS, the properties whose descr by the City; and WHEREAS, the Planning and Zoning ~ that it complies with the Comprehensive ar 0 otherwise controlled by the County, the City, or the Iowa e designated as P-1, Neighborhood Public Zones; and a City, has requested a rezoning of the aforementioned eighborhood Public (P-1 ); and ~s are listed below fall into the category of properties owned has reviewed the proposed rezoning and determined NOW, THEREFORE, BE IT ORD INED BY IOWA: SECTION I APPROVAL. The nmg designation for from the prior designation, to P-1, eighborhood Public: CITY COUNCIL OF THE CITY OF IOWA CITY, properties described below is hereby changed 1. Dean Oakes Sixth Ad tion, Outlot A, according to t e plat thereof recorded at Book 44, Page 11, in the recor of the Johnson County Record r. 2. Thornberry Dog Pa and Peninsula Park legally describe as: Johnson County ditor's Parcel 95080, containing 190.2 ~es and described on the plat of survey record d August 10, 1995, in Book 35, Page 267, Records of Johnson County Recorder, incl ing the portion thereof depicted and described as Outlot N in the approved prep inary plat for the Peninsula Neighborhood, Iowa City, Iowa, but excluding the balance of the property contained within the approved preliminary plat for the Peninsula eighborhood, Iowa City, Iowa, and also excluding Johnson County Auditor's Parcel 9 99, containing 24.00 acres. 3. Oakmont Estates, Outlot A, according to the plat thereof recorded at Book 46, Page 319, in the records of the Johnson County Recorder. Ordinance No. Page 2 of 3 4. Sand Hill Park legally described as: Sand Hill Estates Part I, Outlot M, according to the plat thereof recorded at Book 47, Page 230, in the records of the Johnson County Recorder and Auditor's Parcel 2001051 according to the plat thereof recorded at Book 43, Page 94, i the records of the Johnson County Recorder. Z 0 •c 5. Frauenholtz-Miller Park legally described as: -- Windsor Ridge, Part Twenty "B", Outlot A, according to the at thereof recorded at Bod4~ 51, Page 120, in the records of the Johnson County Recorde . _ ~?~~ 6. Country Club Es tes Area legally described as: tv Auditor's Parcel 02301 according to the plat thereof rec rded at Book 45, Page 53, v the records of the hnson County Recorder. Terrell~Mill Park Area Bally described as: Commencing at an iro Pipe at the intersection of the south line of Government Lot 2, Section 3, Township 79 orth, Range 6 West of the th P.M. and the Westerly line of former Highway 218, the ce north 33°57' W 293.3 eet to an iron pipe: thence north 88°37'W 805.4 feet to an ~ on pipe, thence south 1°41' W 60.3 feet to an iron pipe, thence south 0°26' E 778.7 et to the Iowa River nk, thence southeasterly along said Iowa River 73 feet, thence no h 16°22' E 233.5 fe to an iron pin, thence north 58°16' E 326.8 feet to an iron pipe, then north 54°04' E 2 2.9 feet to an iron pin on the south line of said Government Lot 2, th ce East alon said line 386.6 feet to the place of beginning, as shown on plat reco in Plat Boo 2, Page 167, Plat Records of Johnson County, Iowa, and Commencing as a point of referenc Range 6 West of the 5th P.M., Iowa Ci along the South line of Government Lot point of intersection with the former W (for purposes of this description the S bear true East and West); Thence co Government Lot 2 to the Point of Begi 262.9 feet; Thence S 58°16' W, 326.8 f at th center of Section 3, Township 79 North, J nson County, Iowa; Thence West 430.9 feet i the Northwest Quarter of said Section 3 to a es ly Right-of-Way line of North Dubuque Street o th ine of said Government Lot 2 is assume to tinui West 386.6 feet along the south line of ing of act herein described; Thence S 54°04' W, eet; The a S16°22' W, 233.5 feet to the Northerly Bank of the Iowa River; Thence S76° 7'18" E, 15 .40 feet along the Northerly Bank of the Iowa River; Thence N34°19'50" E, 7 2.57 feet to th point of beginning, and The West 80 feet of the followin described tract: B ginning at a point on the Southerly line of Taft Speedway which poi is located as follows: Commencing at the intersection of the Southerly line of Taft Spee ay with the Westerly I e of former U.S. Highway #218; thence North 88 degrees, 37 inutes West along the outherly line of Taft Speedway 805.4 feet; thence South 81 egrees, 41 minutes West long the Southerly line of Taft Speedway 60.3 feet to said oint of beginning; from the p int of beginning thus located thence South 00 degrees, 6 minutes East, 778.7 feet to th Northerly bank of the Iowa River; thence Northwester along the Northerly Bank of the I wa River 780 feet more or less, to the intersection said Northerly Bank of the Iowa Ri r with the Easterly line of Lot 20 in Idylwild, accor ing to the plat thereof recorded in Pla Book 1, Page 120, Plat Records of Johnson C unty, Iowa, thence North 00 degrees, 25 inutes West along the East line of said Lot 0, 425.5 feet to the Southerly line of Taft S edway; thence North 81 degrees, 41 min tes East along the Southerly line of Taft Spee ay 747.9 feet to the point of beginning, nd Lot 20 in Idylw~ , being a Plat of J.J. Hotz subdivision of a tract of land containing 12.21 acres along I wa River on the south side of Government Lot 1 in Section 3, Township 79 N, Range 6 West of the 5th P.M., according to the plat thereof recorded in Plat Book 1, page 120, Plat Records of Johnson County, Iowa, and 0 .. :..., >.~- ~a,_, Ordinance No. Page 3 of 3 Lot 21, Idylwild, being a subdivision of a tract of land containing 12.21 acres on the South side of Lot 1, Section 3, Township 79 North, Range 6 West of the 5th P.M. according to the plat thereof, recorded in Plat Book 1, Page 120, plat records of Johnson County, Iowa, and Lot 4 exce t the east 105 feet thereof, in Plat of Survey i Government Lot 7, Section 4, Township 7 North, Range 6 West of the 5th P.M., accor ing to the Plat thereof recorded in Plat Book 3, Page 225, Plat Records of Johnson Cou ty, Iowa. `s' 8. Ralston Creek Ar West Of Scott Boulevard legally d scribed as: That portion of Pa el 1, described in Ralston Cre k South Property Acquisition from- Wilfred A. & Albert eronymous to the City of to a City, dated May 9, 1980, which lies in Section 18 betwee the western. R.O.W. boun ary of Scott Boulevard and adjacent. Parcel 3, also described above document. _ ~_ 9. That portion of Auditors Pa el 95107 within S th '/z Section 22, Township 79, Range 6.C' West of the 5`h Meridian as shown on the lat of survey dated September 29, 1995"" recorded at Book 35, Page 30 in the record of the Johnson County Recorder. SECTION II. ZONING MAP. The building, map of the City of Iowa City, Iowa, to conform publication of the ordinance as approved by I~ City Clerk is hereby authorized and directed t cerl Office of the County Recorder, Johnson Co ty, Ic approval and publication of this ordinance, s prov SECTION IV. REPEALER. All ordina ces and Ordinance are hereby repealed. z ~ r... _ ~ C ~ ~• .d . a. :..,a - ~ ~,'~: -- ~. i ,.,:~~ ,~ I is hereby authorized and directed to change the zoning amendment upon the final passage, approval and IG. Upon passage and approval of the Ordinance, the a copy of this ordinance and record the same in the ~, at the City's expense, upon the final passage, by law. rt of ordinances in conflict with the provisions of this SECTION V. SEVERABILITY. If an section, provisio or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudi tion shall not affec he validity of the Ordinance as a whole or any section, provision or part thereof not judged invalid or unc stitutional. SFrTInN VI EFFECTIVE DAT .This Ordinance shall a in effect after its final passage, approval and publication, as provided by law. Passed and approved this ~_ day of MAYOR Approved by 2010. ATTEST: C LERK City Attorney's Office STAFF REPORT To: Planning & Zoning Commission Prepared by: Tabatha Ries-Miller, Planning Intern Item: REZ10-0001 1, P1 zones Date: October 21, 2010 GENERAL INFORMATION: Applicant: City of Iowa City Requested Action: Rezoning several properties from current zoning designation to P1, Neighborhood Public Zone Purpose: To reflect public ownership of the properties listed within this report and to bring properties into compliance with Section 14-2F of the Zoning Ordinance Locations and Existing Zoning: 1. Thornberry Dog Park (OPD5) 2. Frauenholtz-Miller Park (OPD8) 3. -Sand Hill Estates Part I, Outlot M (OPD5) 4. Sand Hill Estates, Lot 2 PT of GOV Lot 3 & 4 (ID-RM) 5. Dean Oakes Sixth Addition Outlot "A" (OPD5) 6. Oakmont Estates (OPD5) 7. Country Club Estates (RS5) 8. Taft Speedway (RS5) 9. Ralston Creek area west of Scott Boulevard (RS5) 10. North of McCollister- Boulevard (ID-RM) Existing Land Use: Properties contain a variety of public uses. File Date: August 13, 2010 45 Day Limitation Period: City-owned property -not applicable BACKGROUND INFORMATION: The City has acquired most of these properties for parkland and open space. The property adjacent to Country Club Estates was acquired for a water reservoir. The property on Taft Avenue was acquired for floodplain management. The Ralston Creek area west of Scott Boulevard was acquired for stormwater facilities. The property North of McCollister Boulevard was acquired for the Public Works Complex. Section 14-2F-1 B-1 of the Zoning Ordinance states that uses such as schools, parks, police and fire stations, and other civic buildings owned or otherwise controlled by the County, the City, or the Iowa City Community School District for such uses will be designated as P1, Neighborhood Public Zones. Furthermore, Section 14-2F-6B states that land acquired by the government of the United States, the State or a political subdivision thereof, shall retain its existing zoning designation until 2 such time as the Zoning Map is amended to designate such land a Public Zone. The P1 zoning designation serves a notice function to those owning or buying land in proximity to publicly owned land. This zone change application has been initiated by the City of Iowa City to bring publicly owned parcels into compliance with Section 14-2F-1 of the Zoning Ordinance. ANALYSIS: The City of Iowa City has initiated the rezoning of parcels acquired by the City, from their current zoning designation to P1 . The P1 zoning classification will be consistent with the zoning classifications of properties owned by the County, the City, and or the Iowa City Community School District. Public zones permit the use of land, building, and structures by the Federal and State governments and their political subdivisions, including the City of Iowa City. Approval of the zone change to P1 for properties which are currently publicly owned will bring these properties into compliance with Section 14-2F of the Zoning Ordinance. STAFF RECOMMENDATION: Staff recommends approval of the proposed zone changes for properties below to P1, Neighborhood Public Zone. 1 . Thornberry Dog Park (from OPD5) 2. Frauenholtz-Miller Park (from OPD8) 3. Sand Hill Estates Part I, Outlot M (from OPD5) 4. Sand Hill Estates, Lot 2 PT of GOV Lot 3 & 4 (from ID-RM) 5. Dean Oakes Sixth Addition Outlot "A" (from OPD5) 6. Oakmont Estates (from OPD5) 7. Country Club Estates (from RS5) 8. Taft Speedway (from RS5) 9. Ralston Creek area west of Scott Boulevard (RS5) 10. North of McCollister Boulevard (ID-RM) ATTACHMENTS: Location maps Approved by: i6~2~Gr~i~-• Robert Miklo, Senior Planner, Department of Planning and Community Development S:\PCD\Staff Reports\2010\REZ10-00011 Public Rezonings --~ a ,~- ~ O ~` A o C1 ~ ~ ~ , 1 ~ ~ __ _ j, 0 ~ ~--~- 3 ~ 11n {._ t y..__ a ~ rf I ( ( €€ i t '~~ ld 02JOdHSV ~( j { f C p ~ M TIIH 91~ON ~_ ~ ~ ~ -~~ \ " . _ ~__~. -. .... '~ ~ \ ` ~ r ~` r.+ O O _ ti _ . ~, ~~ - - ~~ aoo~avoae"= - ~ ~ ~ '~ ~ ~ Cn r ~ ~ : ~ ~, W ~_e~ ~.~ o .. _ ______.___ Q ~ N 9 ~ e,~.= - i -I v L a a v 'b ~ r i.l 0 b ~ ~ ~ ~ ~ ~ ~ ~+ •a t,.; c.~ ~, F-+ ~ c~ 0 3 O I .__ _ f f ~ W rte -' ~~ ~~ ~ _ d I~1 ~ ~' a ~ \ m T ~ a ~ O ~~ ~ ~ _~ 0 ~` GG W `~ a w r~ _ a V Q ~~ ~ ~,. h ~ _. O ~ _.. 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J ~~ a ~~ Q ~~ ~ ~ ~ ~: 0 ~~ ' Q ,~ 9 , F..{ r ~- ? 1f! ~ `° , Q ~ o ~ O ~~ j U ~. m ^ .~ m ~ ~ ~ O ._ ® +/ ~ i - ~ 0 a':- r Q ~ I ~02~ ~ a N 4 j lV ~ ~ V ~ 3 ~ o a ~ ~ c rl U in W m0. r" a ° -° t"y 0 ~~ i 2 ~ O ~~ ~ ~ ~ ~ Q ~. _ ~ v~ ` ~°' ° AA,, W i.l '~ ° ~ U r ~ 2 ~ + ,,,~ ..,. ~. ,,,d ~. G ~, _ O CV ~~ ~~ ~ ,.. ,--~ r ~ v w ~ ~ = ° I-i '~ a O v O O Y ti~ \ p ~ ~ ~ '~ PQ a ( c ~ r . -_ 0 ~ ^' ~ __ f . 1 a siiwn 3ivapdaoo ,~li~ y ,~ ~ _ ~~ ~~ jj a r ` . d ,~ N F-i r ~ ,._ . . ~ ~ ~ ~ .. a H O ~ o« ,.,,~,~~ a,o ! ~ V z ~ W ;, ~ ~ ~ j ~ Z ~ ~ ', ~ H ~ 5e Prepared by: Lorin Ditzler, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5234 ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 1.85 ACRES OF LAND LOCATED AT 4764 420th STREET SE FROM COUNTY HEAVY INDUSTRIAL (MH) TO GENERAL INDUSTRIAL(I-1). (REZ 10-00012) WHEREAS, Max J. and LaVaughn M. Neppel are the owners and legal titleholders of approximately 1.85 acres of land located east at 4764 420th St SE, Iowa City, Iowa; and WHEREAS, Max J. and LaVaughn M. Neppel have requested annexation and rezoning of the approximate 1.85 acre tract into the City of Iowa City, Iowa; and WHEREAS, land annexed into Iowa City must have an appropriate City zoning designation according to the Iowa City Comprehensive Plan; and WHEREAS, the Comprehensive Plan indicates that the property is appropriate for future industrial development once City services have been extended to the area; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of County Heavy Industrial (MH) to General Industrial (I-1 ): Lot 2 of Nathaniels' Addition, a subdivision in Johnson County, Iowa, according to the plat thereof recorded in Book 19, Page 27, Plat records of Johnson County, Iowa. 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 the ordinance as approved 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 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. 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 bylaw. Passed and approved this day of , 2010. MAYOR ATTEST: CITY CLERK Ap ved by ~'~.2,~ City Attorney's Office 7j~t~~t~ °~. Prepared by: Lorin Ditzler, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5234 ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 1.85 ACRES OF LAND LOCATED AT 4764 420`h STREET SE FROM COUNTY HEAVY INDUSTRIAL (MH) TO GENERAL INDUSTRIAL(I-1 ). (REZ 10-00012) WHEREAS, Max J. and LaVaughn M. Neppel are the owners and legal titleholders of approximately 1.85 acres of land located east at 4764 420`" St SE; and WHEREAS, Max J. and LaVaughn M. Neppel have requested ann ation and rezoning of the approximate 1.85 acre tract into the City of Iowa City, Iowa; and WHEREAS, land annex d into Iowa City must have an appropriate Ci . zoning designation according to the Iowa City Comprehensiv Plan; and WHEREAS, the Compre ensive Plan indicates that the property is appropriate for future industrial development once City services ave been extended to the area; and WHEREAS, the Planning an Zoning Commission has reviewed,t a proposed rezoning and determined that it complies with the Comprehe sive Plan; NOW, THEREFORE, BE IT ORDAII~D BY THE. CITY COUNCIL/OF THE CITY OF IOWA CITY, IOWA: SECTION. I APPROVAL. Property described below is hereb reclassified from it current zoning designation of County Heavy Industrial (MH) to General Industrial (I 1): Property locally known as 4764 420tH Lot 2 of Nathaniels' Addition, a subdivision` thereof recorded in Book 19, Page 27, Plat County, Iowa, and legally described as: nson County, Iowa, according to the plat is of Johnson County, Iowa. SECTION II. ZONING MAP. The building zoning map of the City of Iowa City, low approval and publication of the ordinan,~e is hereby authorized and directed to change the orm to this amendment upon the final passage, oved by law. J .Upon passage and approval of the Ordinance, the City Clerk is hereby authorized hd directed to ertify a copy of this ordinance and record the same in the Office of the County f~~corder, Johnso County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordina ce, as provided by law. SECTION IV. REPEALER. All dinances and parts o ordinances in conflict with the provisions of this Ordinance are hereby rep aled. SECTION V. SEVERABILI . If any section, provision o part of the Ordinance shall be adjudged to be invalid or unconstitution I, such adjudication shall not ffect the validity of the Ordinance as a whole or any section, pro sion or part thereof not adjudge ~ invalid or unconstitutional. SECTION VI. EFFECT E DATE. This Ordinance shall b in effect after its final passage, approval and publication, as pr ided by law. Passed and apprq~ded this day of MAYOR Approved by City Attorney's Office 2008. 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 Dickens Hayek Mims Wilburn Wright First Consideration 11/30/2010 Vote for passage: AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens,Hayek. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published o~ Prepared by: Lorin Ditzler, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5234 ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 1.85 ACRES OF LAND LOCATED AT 4764 420th STREET SE FROM COUNTY HEAVY INDUSTRIAL (MH) TO GENERAL INDUSTRIAL(I-1 ). (REZ 10-00012) WHEREAS, Max J. and LaVaughn M. Neppel are the owners and legal titleholders of approximately 1.85 acres of land located east at 4764 420th St SE; and WHEREAS, Max J. and LaVaughn M. Neppel have requested ann ation and rezoning of the approximate 1.85 acre tract into the City of Iowa City Iowa; and WHEREAS, land annex d into Iowa City must have an appropriate Ci zoning designation according to the Iowa City Comprehensiv Plan; and ~ WHEREAS, the Compre ensive Plan indicates that the property, is appropriate for future industrial development once City services ave been extended to the area; and WHEREAS, the Planning an Zoning Commission has reviewed,tiie proposed rezoning and determined that it complies with the Comprehe sive Plan; NOW, THEREFORE, BE IT ORDAII~FD BY THE CITY COUNCIL~~'OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereb reclassified from it current zoning designation of County Heavy Industrial (MH) to General Industrial (I 1): Property locally known as 4764 420th Lot 2 of Nathaniels' Addition, a subdivision thereof recorded in Book 19, Page 27, Plat SECTION II. ZONING MAP. The building zoning map of the City of Iowa City, Iowa; approval and publication of the ordinance CRIPTION n County, Iowa, and legally described as: ison County, Iowa, according to the plat s of Johnson County, Iowa. is hereby authorized and directed to change the orm to this amendment upon the final passage, oved by law. J .Upon passage and approval of the Ordinance, the City Clerk is hereby authorized ahd directed to ertity a copy of this ordinance and record the same in the Office of the County Rrrcorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordina ce, as provided by law. SECTION IV. REPEALER. All rdinances and parts o ordinances in conflict with the provisions of this Ordinance are hereby rep sled. SECTION V. SEVERABILI . If any section, provision o part of the Ordinance shall be adjudged to be invalid or unconstitution I, such adjudication shall not ffect the validity of the Ordinance as a whole or any section, pro sion or part thereof not adjudge invalid or unconstitutional. SECTION VI. EFFECT E DATE. This Ordinance shall b in effect after its final passage, approval and publication, as pr ided by law. Passed and apprgv'ed this day of MAYOR Approved by City Attorney's Office 2008. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 16 OF THE CITY CODE, ENTITLED "PUBLIC WORKS," CHAPTER 3, ENTITLED, "CITY UTILITIES," ARTICLE G, ENTITLED "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," AND TITLE 17, ENTITLED, "BUILDING AND HOUSING," CHAPTER 8, ENTITLED, "GRADING ORDINANCE," TO MAKE THE CIVIL PENALTY FOR VIOLATING EROSION CONTROL PROVISIONS AN ENHANCED CIVIL PENALTY AND TO AMEND THE DEFINITION OF POLLUTANT. WHEREAS, federal law and the City's national pollutant discharge elimination system (NPDES) general permit require that the City adopt an illicit discharge ordinance, which the City did in Ordinance No. 05-4154, to operate and maintain its storm water infrastructure and to otherwise protect the waters of the Iowa River and the six major creeks; WHEREAS, the current civil penalties for violating Ordinance No. 05-4154, codified at City Code 14- 3G-11, is $100.00 for first violation, $250.00 for second violation, and $500.00 for third and subsequent violations; and WHEREAS, the current civil penalties for violating 17-8, the grading ordinance, is also $100.00 for first violation, $250.00 for second violation, and $500.00 for third and subsequent violations; and WHEREAS, because Sections 14-3G-11 and 17-8 govern pollution and storm water runoff, violations of each should be subject to the enhanced civil penalty provisions of $250.00 for first violation, $500.00 for second violation, and $750.00 for third and subsequent violations; and WHEREAS, the definition of pollutant does not specifically include "sediment" and it should because sediment is considered the most prevalent pollutant in storm water runoff; and WHEREAS, it is in the City's interest to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities," Article G, entitled "Storm Water Collection, Discharge and Runoff," Section 11, entitled "Illicit Discharge and Connection," Subsection B is amended by deleting the definition of "pollutant" and inserting the new definition in lieu thereof: Pollutant: Anything which causes or contributes to pollution. "Pollutants" may include, but are not limited to: sediment; paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. 2. Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities," Article G, entitled "Storm Water Collection, Discharge and Runoff," Section 11, entitled "Illicit Discharge and Connection," Subsection Q is amended by deleting it in its entirety and inserting the new Subsection in lieu thereof: Violations And Penalties: Violation of this section, "Illicit Discharge And Connection", shall be punishable as a municipal infraction or environmental infraction as provided for in subsection 1-4-2C of this code. A municipal infraction shall be punishable by a penalty as provided for in 1-4-2D of this Code. 3. Title 17, entitled "Building and Housing," Chapter 8, entitled "Grading Ordinance," Section 15, entitled "Construction Site Erosion and Sediment Control," Subsection E2 is amended deleting it in its entirety and inserting the following new Subsection in lieu thereof: Violation of any provision of this section may also be enforced as a municipal infraction or environmental infraction within the meaning of section 364.22, pursuant to the city's municipal infraction ordinance. A municipal infraction shall be punishable by a penalty as provided for in 1-4-2D of this Code. A municipal infraction shall be punishable by a penalty as provided for in section 1-4-2D of this Code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provi"sion 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 , 2010. MAYOR ATTEST: CITY CLERK Approved by ~~~ (l~a~-rte 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 Dickens Hayek Mims Wilburn Wright First Consideration 11/30/2010 Vote for passage: AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published M~~ Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. 1 ~-4415 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS", SECTION 10, "TERMS OF DECALS AND AUTHORIZATION; RENEWALS" TO CHANGE DRIVER AUTHORIZATIONS TO BE VALID FOR ONE YEAR AND PLACE RESPONSIBILITY FOR MAINTAINING A VALID IOWA CHAUFFEUR'S LICENSE ON THE DRIVER AND THE TAXICAB BUSINESS. WHEREAS, City Code section 5-2 establishes regulations for taxicabs and drivers; and WHEREAS, City Code section 5-2-106 presently provides that the driver authorization is valid for one year or the remaining period of the license if less than one year; and WHEREAS, the State of Iowa recently implemented a new procedure for issuance and/or renewal of drivers license providing a 30 day temporary license which would require a driver to apply with the temporary license and return to the City a second time with the final issued license; and WHEREAS, because all licenses are now valid for only 30 days, the provision that allows for driver authorization to be valid through the remained period of the license should be deleted; and WHEREAS, it is the responsibility of the driver and the taxicab business to ensure that each driver does have and maintain a valid Iowa chauffeur's license at all times. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 10, "Terms of Decals and Authorization; Renewals," is hereby amended by deleting it in its entirety and adding a new 5-2-10 as follows: 5-2-10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS: A. Taxicab business licenses shall be valid for one year. They shall commence on March 1 or the date of issuance, and shall expire on the last day of February. B. Driver authorization shall be valid for a period of one year from date of issuance. C. Decals shall be valid for one year. They shall commence on March 1 or the date of issuance and shall expire on the last day of February. D. Renewals shall follow the same procedure as set for initial issuance. E. Fees for licenses and decals shall be set by resolution of the City Council. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect upon publication. Passed and approved this 30thday of November ~..:c ~ . MAYOR 2010. ATTEST: 7 CITY ERK Approve ~t At~~~~SJffi ~e~ ._ ~ ` (Cr Ordinance No. 10-4415 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 Dickens x Hayek ~_ Mims _~ Wilburn ~_ Wright First Consideration 11 / 16 /tot o Vote forpaSSage:AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration --------------- Vote for passage: Date published 12 / 8 / 2010 Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Bailey, Champion, Dickens, Hayes, Mims, Wilburn, Wright. NAYS. None. ABSENT: None.