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HomeMy WebLinkAbout1993-04-27 Public hearing :w I ...' - . ~ .. -- ~. ....., ~-~ -". ~ --.. - - . - r- - - ,.~ :;, ,', (l ",' bl"." LZi ::' :'~' ," , , ':.;'::, :,,'..:, ',,\ ',.,: <:,:', .~ , f: f J '" ~'TI "1m " . ' " I. ' ~','>"_ .......,J:>' "~I,. ,:\~'::' .~. I -;'4 \'.' "", , ",' t' ,:", .' NOTICE OF PUBLIC HEARING Notice Is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 PM on the 27th day of April, 1993, In the Civic Center Council Chambers, Iowa City, Iowa; at which hearing the Council will consider (2 following items: 1 An ordinance amending the Zoning Ordinance by changing the use regulations of an approximate 13,98 acre tract of land located southwest of Teg Drive and east of the western section of Aber Avenue from RS.5, Low Density Single,Famlly Residential, to P, Public. 2. A resolution approving the voluntary annexation of an approximate 8.92 acre tract of land located south of Scott Park and north of Falrvlew Golf Course. 3. An ordinance amending the Zoning Ordinance by condl. tlonally changing the use regulations of an approximate 6.92 acre tract located south of Scott Park and north of Falrview Golf Course from County RS, Suburban Residen. tlal, to ID.RS, Interim Development Single.Family Residen. tlal. Copies of the proposed ordinances and resolution are on file for public examination In the office 01 the City Clerk, Civic Center, Iowa City, Iowa, Persons wishing to make their views known for Council consideration are encouraged to appear at the above.mentloned time and place. MARIAN K. KARR, CITY CLERK . ........- " :..;;~':~;~<'t:;:.., . , "..J;':r~j,'.';!':~:';':"l'!" i',';\'1.Ii;/'~'l;i,"\1~.,j~~!t-~3~:~';;:t~:.\;. ' ..,."..~oI;;h!r,N:-(,..,.J.hJJ..Ollol,.,\.,..,o:<..,\,.;..~II~.\......... i3! \ ~,',' .:' ~l""'; ,:~:., : ';IoFfl":" .' :~; ",', :,"" ,,', ','....' " ...,'""t, '., '''. '., It~ ' . ',' , , .\ ,-' I:, ," '... ..'r'.'. ',',' \~~ ,'." " " ','.', : .'"1,, , ,,'-, '" ,~<,., ,""" ',. ,'.""" " ,'. , . ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF APPROXIMATELY 13.98 ACRES OF LAND LOCATED SDUTHWEST OF TEG DRIVE AND EAST OF THE WESTERN SECTION DF ABER AVENUE, IOWA CITY, IOWA, WHEREAS, the City has Initiated a zone change from Low Density Single.Family ResldentiallRS.51 to Public (PI zone; and WHEREAS, the subject property has been dedicated to the City of Iowa City by John and Allegra Dane; and WHEREAS, Section 36-30(g)(21 of the zoning ordinance specifies that property owned by governments shall be zoned p, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. That the property described on Exhibit "A" attached, is hereby reclassified from Its present classification of RS.5 to p, 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. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV, REPEALER, All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed, SECTION V. SEVERABILITY, If any section, provision or part of this 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 required by law, f33 ':", , "f~l:' "':~"" " :Bt/- :., '..'ffl- ': ::- :", ;.:.: ,,,',,,",',' 4 '. , "'I ", ,,' " I" 1 " " ... ,~,J. ~,;;':"J ">~C",,-~{ ,.~,-..:::} ", :'1.....'1": :,;",' ''',:.,''~, ," I' ,':' '. , ".' " Ordinance No. Page 2 Passed and approved this MAYOR ATTEST: CITY CLERK den.'pub,ord Approved by C~ 4/LI jq3 \ 133 ~r.,..-.. I \ "...,...--~ - --..---, ':', .... ", w :,:' CIL,te):": ,,'.:':' ':, ': : ,:' .- :.'~ . J] "'71" [1" '~'"'1" ", ,,:'. , :\ ',' ,';'1::., ,l_' ';')1 :'..,', " ,......,.": 1 '.. \ ' ' " ,\ :, ,',' '~" ' -' \ \ . It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Ambrlsco Courtney Horowitz Kubby McDonald Novick First Consideration Vote for passage: Second Consideration Vote for passage: Date published i I I I I I I I , I I I i J I i '33 \ -v-~ ':'-:,,.:',L,,:' ':' ':':121 ':";(j,~,;/iC:I~,,,<:,:::,;':,:, >:, :,,:, :::",'" .' ': t '~I '~:~,9:1i" -...,''Klr", ~ 1"'", " ',,' ' , .\ J.', :'/~\-.~:':;J....i'""""~~,,.ll~"""'~"1 " "',., 'I' "" Commencing at the Southeast Corner of PeMY Bryn Addition Part Three, in accordance with the Plat thereof, Recorded in Plat Book 14, at Page 58, of the Records of the Johnson County Recorder's Officej Thence S00037'02"E, along the West Line of Bryn Mawr Heights, Part 10, in accordance with the Plat thereof, Recorded in Plat Book '16, at Page 17, Records of the Johnson County Recorder's Office, and the West Line of Bryn Mawr Heights, Part 12, in accordance with the Plat thereof Recorded in Plat Book 18, at Page 41, Records of the Johnson County Recorder's Office, 855.26 feet, to the Southwest Corner of said Bryn Mawr Heights, Part 12, and the Northwest Corner of Bryn Mawr Heights, Part 13, in accordance with the plat thereof recorded in Plat Book 21 at Page 71, Records of the Johnson County Recorder's Officej thence S00016'20"E, along the West Line of said Bryn Mawr Heights, Part 13, 310.62 feet, to the Point of Beginning; Thence Continuing S00016'20"E, along said West Line, 163,01 feet, to it's intersection with the North line of West Side Park, in accordance with the Plat thereof, Recorded in Plat Book 24, at Page 4Sj Records of the Johnson County Recorder's Officej thence S89037'07''W, (A RECORDED BEARING), along said North Line, 1326.83 feet, to it's intersection with the East Line of Ty'n Cae, Part 3, in accordance with the Plat thereof Recorded in Plat Book 24, at Page 18, Records of the Johnson County Recorder's Officej thence N00037'36"W, along the said East Line, the East Line of Ty'n Cae, Part I, in accordance with the,Plat thereof, Recorded in Plat Book 17, at page 24, Records of the Johnson County Recorder's Office, and the Northerly Projection thereof, 1329.49 feet, to its intersection with the Westerly Projection of the South Lines of Penny Bryn Addition, Parts 2 and 3j Thence N89038'40"E, along said Westerly Projection, 11.82 feet, to the N9rthwest Corner of Park West, Part dne, in accordance with the Plat thereof, Recorded in Plat Book 32, at Page 328, Records of the Johnson County Recorder's Officej Thence S00041'35"E, along the Westerly Line of said Park West, Part One, 5.39 feetj Thence Southeasterly 185:26 feet, along said Westerly 1.,ine on a 213.09 foot radius curve, concave Northeasterly, whose 179.48 foot chord bears S25036'OO"8j Thence S50030'26"E, along said Westerly Line 155.18 feetj Thence Southeasterly 177,49 feet, along said Westerly Line, on a 716,96 foot radius curve, concave Southwesterly, whose 177.03 foot chord bears S43024'55''E, to the Southwest corner of said Park West, Part Onej Thence 36019'24"E, 50.00 feetj Thence Southeasterly, 171. 56 feet, along a 360.72 foot radius curve, concave Southwesterly, whose 169.95 foot chord bears 522041'54"Ej Thence 509004'24"E, 50,00 feet; Thence 50utheasterly 255.77 feet, along a 353.68 foot radius curve concave Northeasterly, whose 250.23 foot chord bears 529047'25''Ej Thence 550030'26"E, 135.20 feetj Thence 539029'34"W, 130.00 feetj Thence 550030'26"E, 210.00 feetj Thence 543041'14"8, 132,79 feetj Thence N89037'07"E, 264.83 feetj Thence N68029'47''8,, 119,79 feetj Thence N61033'59''E, 148.51 feet, to the Point of Beginning, 5aid Tract of Land Contains 13.98 Acres, more or less, and is subject to easements and restrictions of record. EXHIBIT "A" 8~3 \ ":.' ''','~','' I' ,1,'" ..', ,', tj''''.'~' 'f\ "'/' ',,',', \: ,', , """" ~ ,." ~ ' I : , '''' J "' " . .,i'~ ~;' . ' , 'I " ' " " , ' ,~"" - ',' , ,I . ., , J " I ~ . '. ,<'_, ., : ' . ,," ,", .' , ' , "" .""",ll"".,.",.~,.. "".-r.'" , ',,', 'r "" " 'I STAFF REPORT To: Planning & Zoning Commission Prepered by: Robert Miklo Item: REZ93-0005. Kiwanis Park. Date: April 1, 1993 GENERAL INFORMATION: Applicant: City of Iowa City Requested action: Zone change from RS-5 to p, Purpose: To bring property into compliance with Section 36.30(g)(2) of the Zoning Ordl. nance, Location: West of Teg Drive. Size: Approximately 13,98 acres, Existing land use and zoning: Undeveloped; RS.5. Surrounding land use and zoning: North. Residential; RS.5. East. Residential; RS.5. South. Residential; RM.12, West. Residential; PDH.8. File date: Merch 24, 1993. 45.day limitation period: Not applicable, BACKGROUND INFORMATION: Section 36.30(g)(2) of the Zoning Ordinance specifies thet property owned by governments be designated as P (Public Zone), This designation is intended to serve as a notice function to those owning or buying land in proximity to publicly owned land, which is not ordinarily subject to zoning regulations, The subject property was recently dedicated to the City, This zone change application has been initiated by the City to bring this property into complience with Section 36-30. ANALYSIS: John and Allegra Dane dedicated this property to the City for development of Kiwanis Park, The proposed P zone allows development of parkland as well as othar activities conducted by a government agency. Approval of this zone change will bring the property into compliance with Section 36.30, 833 -'" V...... -::: ,," 't~l': ...,,' !,~' ""C1",~ ,:,.,:,> {, ::;,: ',',' ,". ::' ':', : ",' .. ,'..' ,i';, I 'I,~,'" l' ',>' ',"'" l'."', ,_~, "":"''}, ~,l,;" ;,~I ',' '~'.'~ )-'.', . ~"J', .' ,.,." /'" 2 STAFF RECOMMENDATION: Staff racommends approval of tha proposed zone change from RS-S to P for approximately 13.98 acres located southwest of Teg Drive. ATTACHMENT: Location map. Approved by: ~~ Monica Moen. Senior Planner Dapartment of Planning and Community Davelopment kiwlrlium r33 , -~, v ~... ----y....... ..,-. --...-- - r.-----__.....,...,,__.....- r -- ';:.,:::"':tJl;' <~,': .:~" ;', :".;,Ij.... ';,,: ':'1'8' ',',' -:",;' ,.,..' , .:",:" ,':~~:' "'-',>..:."..:.- ..'.. "\'. I ',_' he" ' I' , , I' ~, " 1-, ',' ',I , !~ ~;." I, " f \1,"',~' ",,' ".~ - '. ":.,' ""',' .'" ,.... :' ,::,..~. ,fl)~~,,'i\,,;'rrl,~.~~t,'_,,',' 'I~, }',::' I:'::; ":"':~:'" ",'., .!...~j \ Location Map \ I 1~"'lT"," I/i"\ ""'-=:1 SCHOOL aIIiI=l RM12 .L r. ./1" 11 -: I , ,,/ "I I ~ - K ..... .L-, . ~ 8 \ "l'" ,m..., 'It: - ~ -~ ~ -I---' ~ \ \ ''7.../ - I- ~-I-!- )." ''', III V "-.J H 1- - -I- -' / ~ ~ \ y - =~ ~ =t -", \ ~ ::- II ~ T-o I-~_I- - .IID , ~~ -~w. '35'~ ' , I- \~t':::. ..,... 'O-I-g__ . I ,:J(';' l~' I I- ~ J ,I rr,- -'- =::::!:- "" · ~ W / loIOI 7 / I I I r-.:. =::: / I I I I 1/ J - -., ~ II II I] - ~ ...:' . R /' -!;rNO'ON ORIYf ~\rr-:\ S5 III "7 "" \,\, /,x\, I \ 17 - ,'\, A'V '-'-r. :iWk Vv" -m / ~f-1 ~~ 1:;:;:;::* '~ ~t IV - ~ -~ r-'-Q'- - .:}i.,:;;;.;.ifit" - ,-I- -- t \ ~ f77:"fl///1 ~ X \ \ I~.,~ : ~;~:.~~ / /"w I ."... ,." 0" 'e ~fJ;j.. /' ;..-:: i::== Y SID' '"" '~ ::""1::: J/ ,\\ iN 'I..:::;::" 9 " '~ ~ )~~ 1 ~=n- 11- \" o' '" lCO - A ~ ~~~~ ~ - l \" " "" .sm~ \~~ . I I I h , @\~ \ -~L \: n"\\l/ - bl'\~- / f- ~~ ,-~~H 5' ;::~' '" d~'!R ~ e'OTON ST I I [: . II "~ . ~ ~ .' , l- i } ~l \ " \ Pi,'''. . \ ..... -- ~ .~~ !, - .. j'~7f" ',w'~'ki'",(j ,,' "':""~"'" ::I,J ':,'~7]",: ",I=,,:::,;-q:,:,: ' ,."" "" i,",: ,", "., :;', NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 PM on the 27th day of April, 1993, In the Civic Center Council Chambers, Iowa City, Iowa; at which hearing the Council wiil consider the foilowing items: 1. An ordinance amending the Zoning Ordinance by changing the use regulations of an approximate 13.98 acre tract of land located southwest of Teg Drive and east of the western section of Aber Avenue from RS.5, Low Density @Slngle.FamilY Residential, to P, Public. 2 A resoiution approving the voiuntary annexation of an approximate 8.92 acre tract of land located south of Scott Park and north of Falrview Golf Course. 3, An ordinance amending the Zoning Ordinance by condl. tlonaily changing the use regulations of an approximate 6.92 acre tract located south of Scott Park and north of Falrview Golf Course from County RS, Suburban Residen. tial,to IO.RS, Interim Development Single.Family Residen. tial. Copies of the proposed ordinances and resolution are on tiie for public examination In the office of the City Clerk, Civic Center, Iowa City,lowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above,mentloned time and place. MARIAN K. KARR, CITY CLERK ,/ cf~ ~ \\\ I -;:\~'....:::. ' .' ". :'!~f~io'..2."";;':'''jI(.:'(-:i.\,~.t!''',::'.:i.:i:'''lr.,j:.(\~:t~;1l';:;r.:::,,:, . ,,'... "'~_I.:I,/~..' ...,,,,, .',J.h"t'I',. .u." ........'..:~.t,j.;.r.I_;;.:...."........ 73'( " I \ ' ~~',,: ',ciL:'"LTi'::':;r,' ,,',..,' ",", ' ','::,', ',:::;', ...':',-:: " ",.ft-f:,. 'I m", '~:'?l", ,11-,. ., ",', "',' " " ~.~,..",: , ,,:,.' , ,dl "" ll"'l"',~' ", ;". ; STAFF REPORT To: Planning & Zoning Commission Prapared by: Melody Rockwell Items: ANN 92-0002. REZ 93-0004. Mitchell-Phipps Date: March 18, 1993 GENERAL INFORMATION: Applicant: On behalf of property owner Mitchell- Phipps, Rob Phipps 321 Kirkwood Ave, Iowa City, IA 52240 Phone: 351-6832 Requested action: Approval of a request to annex and rezone an approximate 6,92 acre tract east of the Iowa City corporate limits from County RS to RS-8. Purpose: To develop the property with full City services. Location: South of Scott Park and north of the Fairview Golf Course. Size: Approximately 6,92 acres, Comprehensive Plan: Within the corporate limits, immediately west of Scott Boulevard, residential at 2.8 dwelling units per acre, Existing lend use end zoning: Agricultural; RS (County), Surrounding land use and zoning: North - Scott Park, Residential; P, RS.5, RS, East. Windsor Ridge; RS, South. Fairview Golf Course; RS. West. Scott Park; p, File date: February 25, 1993, 45-day limitation period: April 12, 1993, ~!f ':: ", fi''';:'.' '~' ,', ' ,'~""" ,': ;"", ' ", :... ....:~,:<,,' ',,",,:', '!', ,L :',' " :' "" '" " """ ", :~,>,,:;~: ~}':::"'~~"~";'J~< ;~\ ...,"..,' ,;',... ;:,:". ,:',' ',.", ,::"'" ',~ .',~': 2 BACKGROUND INFORMATION: Rob Phipps. on behalf of property owner Mitchell-Phipps. has submitted a request to annex and rezone an approximate 6.92 acre tract located on the east edge of Iowa City to the south of Scott Park and north of the Fairview Golf Course from County. RS. Suburban Residential. to RS-S. Medium Dansity Single-Family Residential. The east edge of the property abuts the 240-acre Windsor Ridge tract. The property is contiguous to Iowa City along the 1.287.19- foot long boundary shared with Scott Park. The applicant proposes to build zero lot line dwellings on the 6.92 acre tract. The area proposed for annexation is owned by Mitchell- Phipps. No involuntary annexation of land is proposed. ANALYSIS: Comorehensive Plan. On March 2. 1993. the City Council approved a series of Comprehen- sive Plan amendments concerning Iowa City's growth policies. Based upon these adopted amendments. annexation of land for residential development may be justified in certain cases, As noted with the previous annexation requests in this area. there has been increasing development pressure within the County east of Iowa City. Properties in this area with an RS zoning classification are likely to be approved for residential development at rural densities. Because the Mitchell-Phipps tract has no apparent road access. however. the prospect of residential development occurring on this site is not as imminent as with the Windsor Ridge annexation application. However. as Windsor Ridge installs infrastructure in the vicinity of the Mitchell-Phipps property. street connections could be provided to this site. When road access is achieved. it would be more appropriate for the site to be developed at urban densities. resulting in a more efficient land use pattern for providing City services. Annexing an area to facilitate orderly devalopmant of the City and to increase the supply of buildable lots is considered more favorably when the area to be annexed is located within a sanitary sewer service area where sewer capacity is available, The Mitchell-Phipps tract is well within the sawer service area of Iowa City, Additionally. according to City annexation policy. the construction of sewer lines. water mains and streets to newly annexed areas are to ba paid for by tha developer, Z2ninn, Insufficient information was submitted with the application for staff to make a detarmination that RS-S. Madium Density Single-Family Residential. is the appropriate zoning classification for this tract, The surrounding residential zoning is either County RS or City RS-5. both lowar density zones than the requested RS-S zoning. Staff also has anvironmental concerns about tha site. and has requested additional information regarding the floodplain boundaries of Lower Ralston Creek as it ralates to this site. Questions about secondary accass if the site were to be developed at an RS-8 density. and concerns about whether the extension of utilities will affect Scott Park also need to be answered, In staff's viaw. the most appropriate zone designation for this tract at this time is ID-RS. Interim Devalopment _ Single-Family Residential. 8''( \ c : "-, :,,~, , " ;,~:.... "''':C'l " " ' ,'," " "::.....', ",7,.'" .! )\,','~ ' ,J" '. .'"", , ':, \ 1 " I . I .' '. , ;: "~ ;"L,' , :, .\,,?:' "" ,:~I -,' "',lIT..; " .' , , ",' , " " :' 3 STAFF RECOMMENDATION: With the clear understanding that all of the costs associated with providing infrastructure for the development of the subject tract will be paid for by the developer, staff recommends thet the request to annex an approximately 6.92 acre tract of land located south of Scott Park and north of Fairview Golf Course be approved, and that the site be rezoned from the County designation of RS, Suburban Residential, to ID-RS, Interim Development. Single-Family Residential, subject to City Development Board approval of the requested 6,92 acre annexation. ATTACHMENT: 1. Location Map. Approved by: ~~ Monica Moen, Senior Planner Department of Planning and Community Development \annOOO2.rrv I i , ~aif '; ~": ",,'.;' 'ci',' 'J:r"" "'-:, : ...'..." ,',", ;:,',:J ','; ,': ,~~, '::, ::::-: ~fIi :-' ,;;3' "':'" '., : ',< ,::{ ';;:.. ~'\':;i . . ." J > t, " \ \, '..' \ ,~' ,~' LOCATION MAP ANN93-0002 REZ93-0004 Mitchell-Phipps Property ... . . . -_. . . . iL 1-'-'- i i i i i , . . ----. R~~+-p o~~ ,,,", ..-..-..-..-..-..-..--.-..-..-.. I I: 't! " :1 I: Ii I: Ii !: ',~ ~' .....:~.., " I. ~,;:.:. :,: ',,0,., 'lL .....~l~, lfri':(;" H '", rh I I ! ..-..-.,-..-..-..-.._..J "-"."'0' " ~ I d f '" \1,!j"1 ,1(.'., j lJ "';/"I!:":'I r 1""1 D:I : II liY SG 8J.:I SG :" ~; l'...1 ~' . 1<'" i fall , I I I I I , I I I I \ y-'~ . r -.rr--'--~---~ I:, . .;;.,: ',0,.(:' ,';' tJ.. ':.,,"'~ ::-;,:,,{,':::',\ ..." LI" '\'"l:?1! :TJ,,' """,' " .', :,,'~;:' ;\...:-', '.~tl:~': ."r..~ ,',",,' 00; NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 PM on the 27th day of April, 1993, In the Civic Center Council Chambers, Iowa City, Iowa; at which hearing the Council will consider the following items: 1, An ordinance amending the Zoning Ordinance by changing the use regulations of an approximate 13,9B acre tract of land located southwest of Teg Drive and east of the western section of Aber Avenue from RS.S, low Density Single.Family Residential, to P, Public. 2, A resolution approving the voluntary annexation of an approximate 6.92 acre tract of land located south of Scott ~ark and north of Fairview Golf Course. 3. An ordinance amending the Zoning Ordinance by condi, tlonally changing the use regulations of an approximate 6.92 acre tract located south of Scott Park and north of Fairview Golf Course from County RS, Suburban Residen. tial, to ID.RS, Interim Development Single'Family Residen. tial. Copies of the proposed ordinances and resolution are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above.mentloned time and place. MARIAN K. KARR, CITY CLERK , .~J5g~r].f:;':;';~:' ~~';~'~\:i-~(~'!i:i-~:..,',S'~~.:~.d~;~~;... f35 I ":... :......:.,... '.w' ,',;'(:, .;L1:,'.:..,.. .:~I: :,.:.-,:', ;:,.:,:, ,...,~. .' .. ~T'. ~Zl" ~7:l, ,;,~ I, . . " " :,', I\'.,r;.t::l:- :l;,~./~", ,"~jl ,-:: ,~,. ,"'....... \." 'C, :' " . I' ..: ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF AN APPROXIMATE 6.92 ACRE TRACT LOCATED SOUTH OF SCOTT PARK AND NORTH OF FAIRVIEW GOLF COURSE FROM COUNTY RS, SUBURBAN RESIDENTIAL, TO ID.RS, INTERIM DEVELOPMENTSINGLE.FAMIL YRESIDENTlAL. i I I I i ! I I I I I WHEREAS, the subject property is presently located outside the Iowa City corporate limits; and WHEREAS, the owner of said property, Mitchell.Phlpps, has petitioned the City of Iowa City for voluntary annexation and the City is proceeding with same; and WHEREAS, pursuant to Iowa Code !36B,7, annexation of the property must be approved by both the City and the City Development Board; and WHEREAS, pursuant to the annexation policy of the Comprehensive Plan of the City of Iowa City, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with prOViding infrastructure for development of the subject tract; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting the applicant's rezoning request, over and above eXisting regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, the Applicant has agreed to develop this property In accordance with the terms and conditions of a Conditional Zoning Agreement to ensure appropriate urban development on the eastern edge of Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Subject to the City Development Board approving the requested annexation of the property described below Into the City of Iowa City and subject to Iowa Code !414.5 and the terms and conditions of the Conditional Zoning Agreement, attached hereto and Incorporated by reference herein, the property Is hereby reclassified from its present classification of County RS, Suburban Residential, to ID.RS, Interim Development Single.Famlly Residential: , , !3! ::,,<t~;:":",. ~". " ::'fi~ ,;:::'1:5'<":,,,':..' ::,...:.,;"..'.,<. . I ',., I ," I ' ,,. i .--,.._,~~_.I _ . ,'. . -,: "~Ol ...', ' '\p', '.:"., " . " ,\ \ ,.', :" .,I~I -I.,I'J_" '''\.'.J '. , Ordinance No. Page 2 I Commencing at the Northeast Corner of the Northwest Quarter of Section lB, Township 79 North, Range 5 West of the 5th P.M.; Thence SOoo02'42'E, 337.00 feet on the East line of said Northwest Quarter to the Point of Beginning; Thence SOoo02'42'E, 370.3B feet on said East line; Thence NB902B'11'W, 1217.03 feet; Thence N3601B'05'E, 12.B6 feet; Thence N56021 '31'E, 40B.32 feet; Thence NB5044'22'E, 297,52 feet; Thence N7Bo49'21'E, 326.95 feet; Thence NBl o37'27'E, 254.40 feet to the Point of Beginning, Said tract containing 6.92 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 final passage, approval, and publication of this ordinance as provided by law and notification from the City Development Board that the annexation is completed. SECTION III. CONDITIONAL AGREEMENT, The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the owners of the property and the City, and to certify the ordinance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office, following passage and approval, and subject to notification from the City Development Board that the annexation Is complete. 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 835 I " '.,. ~l" .,' ,.~. ">.' :~-: "'"':1 ,., ,'~ ' .":' ',' ::: - . "-.," .' L., ' " ". ,.1, , ,,' '. -.. , '. :\,.'".J~} '~"~'i7:'.'; :i~l"""'"''-'''~~~'l''~''''' '~.-,.':,'.j,' - -.I~. Ordinance No. Page 3 MAYOR ATTEST: CITY CLERK 1-J3 -93 ppdlldmlnlJlitvItw,OId I 73! , I '>',: :t71:"": '~. ':"Fj- ":'~8:"""':,:,: 1 .;"',::,:',.:< I' ." 'I . -.r ". .' ','" '. , '"..... " 10 ,. I' ,,", " :',\~"~o' '~I",:-. ",\ ':," ~h', '" ":: _ ,','" It was moved by and seconded by as read be adopted, and upon roll call1here were: that the Ordinance AYES: NAYS: ABSENT: Ambrlsco Courtney Horowitz Kubby McDonald Novick First Consideration Vote for passage: Second Consideration Vote for passage: Date published 835 :. I "...' ", "', 0' .",," "';," ....', ',', ,'," .': ", " ',,' :' ,,::" ',I~, , L El"., 'I' I ,f,jr, ,,' "",,', ';'-:'..r ~".''''S;y)('' ';::' ,>:.:'1"-" ",' ": ",~"-.. '.",' ..,..: .' I _oF 1 _ '. ~ ...... ,_',, _ I ..... 1 \ '.- ,.' l? r .. OJ. I.' '. I, I' I. .'. : . ,.'f 1 NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR FISCAL YEAR 1993 STORM AND SANITARY SEWER REPAIR PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice Is hereby given that the City Council of the City of Iowa Cily, Iowa, will conduct a public hearing on plans, speciflcatlone, form of contract and esllmated cost for the construction of the FY1993 Storm and Sanilary Sewer Repair Project In said City at 7:30 p.m. on the 27th day of April, t993, seld meeting to bo held In tho Council Chambors In tho Civic Center In said City. Said plans, specifications, form of contract end estimated cost are now on file in the office of the City Clerk In the Civic Center In Iowa City, Iowa, and may bo Inspected by any Interested persons, Any interested persons may appoar at said meellng of the City Council for the purpose of making objections to and comments concerning said plans, specillcallons, contract or the cost 01 making said improvement, This nollce Is given by orrlor of the Cily Council of the City of Iowa Cily, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK PH.1 g3~