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HomeMy WebLinkAbout2010-12-07 OrdinanceM~. ~~ Prepared by: Tabatha Ries-Miller, Planning Intem, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. 10-4416 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 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 All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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 7th day of December , 2010. ~' ~ ~ ATTEST: /~~Z~LtD~ 9C • ~~~ MAYOR CITY CLERK Ap oved by /D`~ Ci Attorney's Office I~~loj I~ Ordinance No. 10-4416 Page 2 It was moved by Bailey and seconded by M; mG that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion x Dickens x Hayek x ~ Mims ~_ Wilburn x Wright First Consideration 11/30/2010 Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 12 / 15 / 2010 Koved by Bailey, 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: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. DAYS: None. ABSENT: None. ~~ ~~ Prepared by: Tabatha Ries-Miller, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. 10-4417 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-1B-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 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. 10-4417 Page 2 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. 10-4417 Page 3 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'/2 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 bylaw. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Cferk 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 bylaw. Passed and approved this 7th day of December , 2010. MAYOR ATTEST: CITY CL K Ordinance No. 10-4417 Page 4 Appr ed by City Attorney's Office C(~ 3 /~~ 2 Ordinance No. 10-4417 Page 5 It was moved by Wilburn and seconded by Wright that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Dickens x Hayek x Mims g Wilburn X Wright First Consideration 11/30/2010 Vote forpaSSage:AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration -------"--'----'-- Vote for passage: Date published 12/15/2010 Koved by Wilburn, seconded by Bailey, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Hayek, Mims, Wilburn, Wright, Bailey, ~hampion, Dickens. NAYS: None. ABSENT: None. M~ Prepared by: Lorin Ditzler, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5234 ORDINANCE NO. 10-4418 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 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 7th day of December , 2010. ~- . /~ MAYOR Ap ved by ~~ City Attorney's Office ~~lfv~rv ATTEST: ~ 2di1~ CITY CL RK S; .. Ordinance No. 10-4418 Page 2 It was moved by Bailey .and seconded by cham~i on 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 x Wright First Consideration 11/30/2010 Vote for passage: AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens,Hayek. NAYS: NAne. ABSENT: None. Second Consideration _ Vote for passage: Date published 12 / 15 / 2010 Moved by Bailey, seconded by Dickens, 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 €or final passage at this time. AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: None. ~ ~ii t Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 10-4419 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, provision or part thereof not adjudged invalid or unconstitutional. Ordinance No. 10-4419 Page 2 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 7th day of December , 2010. MAYOR ATTEST: ~2~ ~~ 1~ •~'~~~ CITY ERK Approved by ~~ il-a~--rc~ City Attorney's Office Ordinance No. 10-4419 Page 3 It was moved by Wilburn and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion g Dickens x Hayek x Mims Wilburn ~- x Wright Dickens that the Ordinance 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 12 / 15 / 2010 4oved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and noted on for passage at two Council meetings prior to the meeting at which it is to be finally >assed be suspended, the second consideration and vote be waived and the ordinance be voted upon .or final passage at this time. AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. BAYS: None. .ABSENT: None.