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HomeMy WebLinkAbout1978-11-14 Ordinance1 Mir 6itur iU4Lu by JOR14 HICROLAB CEDAR RAPIDS AND DE ORDINANCE NO. 78-2930 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R1A TO RIB &R2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of R1A and the boundaries of RIB as in icated upon the Zoning Map of the City o Iowa City, Iowa, shall be enlarged to include the following property, to -wit: ------ Commencing as a point of reference at the Northeast corner of the Northwest quarter of Section 23, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; thence South 10 391 10" East 375,40 feet to a point of intersection with centerline Station 222 + 12.6 of U.S, Highway 16 Bypass (this is an assumed bearing for purposes of, this description only); thence South 00 011 03" East 150.00 feet to a point; thence North 890 271 4411 East 50.00 feet to a point of intersection with the easterly right-of-way line of Sycamore Street, saidpoint being 150.00 feet normally distant from the centerline of said U.S. Highway 16 Bypass; thence South 00 011 03" East 403.07 feet along said easterly right-of-way line of Sycamore Street to a point; thence South 890 581 5711 West 15,00 feet along said easterly right-of-way line of Sycamore Street to a point; thence South 00 O1' 03" East 246.93 feet along said easterly right-of-way line of Sycamore Street to a point; thence North 890 58' 57" East 200.00 feet to point beginning of tract herein described; thence South 00 011 03" East 200.00 feet to a point of intersection with the northerly line of Mount Prospect Addition Part 3, Iowa City, Iowa; thence South 590 581 00" Fast 135.00 feet along said northerly line of Mount Prospect Addition Part 3 to a point; thence North 840 251 10" East 135.00 feet along said northerly line of Mount Prospect Addition Part 3 to a point; thence North 870 55' 20" East 268.00 feet along said northerly line of Mount Prospect Addition Part 3 to a point; thence North 880 591 2711 East 263.00 feet along said northerly line of Mount Prospect Addition Part 3 to a point; thence North 00 011 08" East 480.00 feet along the westerly line of said Mount Prospect Addition Part 3 to a point; thence South 880 591 27" West 125.00 feet to a point; thence South 340 23' 0211 West 79.72 feet to a point; thence South 880 591 27" West 120.00 feet to a point; thence South 00 011 08" West 96.00 feet to a point; thence South 81 561 0011 West 319.00 feet to a point; thence South 550 371 23" West 51.36 feet to a point; thence South 890 58' 57" West 134.00 feet to.point of beginning; and containing 6.2 acres, more or less. 141CROI IL14ED BY ,} JORM MICR�LAB CEDAR RAPIDS • DES MOINES Ree.^.ived & App-ovod By The Legal Department 61'�+dp nwti 208 1-i�,Wr ib'ILu by JURM 141CROLAB Ordinance No. 78-2930 Page 2 CEDAR RAPIDS AND In addition, the property described below is hereby reclassified from its present classification of RIA and the boundaries of R2 as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following prooerty, to -wit: Commencing as a point of reference at the Northeast corner of the Northwest quarter of Section 23, Township 70 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; thence South 10 39' 10" East 375.40 feet to a point of intersection with the centerline station 222 + 12.6 of U.S. Highway 06 Bypass (this is an assumed bearing for purpose of this description only); thence South 00 01' 03" East 150.00 feet to a point; thence North 890 27' 44" East 50.00 feet to a point of intersection with the easterly right-of-way line of Sycamore Street, said point being 150.00 feet normally distant from the centerline of said U.S. Highway 06 Bypass and point of beginning of tract herein described; thence South 00 O1' 03" East 403.07 feet along said easterly right-of-way line of Sycamore Street to a point; thence South 890 58' 57" West 15.00 feet along said easterly right-of-way line of Sycamore Street to a point; thence South 00 01' 03" East 246.93 feet along said easterly right-of-way line of Sycawre Street to a point; thence North 890 58' S7" East 334.00 feet to a point; thence North 550 37' 23" East 51.36 feet to a point; thence North 810 56' 00" East 319.00 feet to a point; thence North 00 011 08" East 96.00 feet to a point; thence North 880 59' 27" East 120.00 feet to a point; thence North 340 23' 02" East 79.72 feet to a point; thence North 880 59' 2711 East 125.00 feet to the Northwest corner of Lot 157, Mount Prospect Addition Part 3, Iowa City, Iowa; thence North 880 591 27" East 125.00 feet along the northerly line of said Mount Prospect Addition Part 3 to a point; thence North 140 511 23" East 128.00 feet along said northerly line of Mount Prospect Addition Part 3 to a point; thence South 520 51' 00" East 50.00 feet along said northerly line of Mount prospect Addition Part 3 to a point; thence North 240 281 04" East 150.00 feet along said northerly line of Mount Prospect Addition Part 3 to point of intersection with the southerly right-of-way line of said U.S. Highway 06 Bypass; thence Northwesterly 140.51 feet along a 2,715 foot radius curve concave southwesterly, said line being said southerly right-of-way line of U.S. Highway 06 Bypass to a point; thence North 880 261 29" West 688.28 feet along said southerly right-of-way line of U.S. Highway 06 Bypass to a point; thence North 30 20' 2411 East 110.00 feet along said southerly right-of-way line of U.S. Highway 06 Bypass to a point; thence Westerly 183.75 feet along a 2,715 foot radius curve concave southerly, said line being said southerly 0 ght- of- way line of U.S. Highway 06 Bypass to a point; thence South 890 27' 44" West 229.51 feet along said southerly right-of-way line of U.S. Highway 06 Bypass to the point of beginning; and containing 12.4 acres, more or less. 141CROFILI-E0 BY ;•1 DORM MICR#LAB CEDAR RAPIDS • DES MOINES i -i i i 1-i�,Wr ib'ILu by JURM 141CROLAB Ordinance No. 78-2930 Page 2 CEDAR RAPIDS AND In addition, the property described below is hereby reclassified from its present classification of RIA and the boundaries of R2 as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following prooerty, to -wit: Commencing as a point of reference at the Northeast corner of the Northwest quarter of Section 23, Township 70 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; thence South 10 39' 10" East 375.40 feet to a point of intersection with the centerline station 222 + 12.6 of U.S. Highway 06 Bypass (this is an assumed bearing for purpose of this description only); thence South 00 01' 03" East 150.00 feet to a point; thence North 890 27' 44" East 50.00 feet to a point of intersection with the easterly right-of-way line of Sycamore Street, said point being 150.00 feet normally distant from the centerline of said U.S. Highway 06 Bypass and point of beginning of tract herein described; thence South 00 O1' 03" East 403.07 feet along said easterly right-of-way line of Sycamore Street to a point; thence South 890 58' 57" West 15.00 feet along said easterly right-of-way line of Sycamore Street to a point; thence South 00 01' 03" East 246.93 feet along said easterly right-of-way line of Sycawre Street to a point; thence North 890 58' S7" East 334.00 feet to a point; thence North 550 37' 23" East 51.36 feet to a point; thence North 810 56' 00" East 319.00 feet to a point; thence North 00 011 08" East 96.00 feet to a point; thence North 880 59' 27" East 120.00 feet to a point; thence North 340 23' 02" East 79.72 feet to a point; thence North 880 59' 2711 East 125.00 feet to the Northwest corner of Lot 157, Mount Prospect Addition Part 3, Iowa City, Iowa; thence North 880 591 27" East 125.00 feet along the northerly line of said Mount Prospect Addition Part 3 to a point; thence North 140 511 23" East 128.00 feet along said northerly line of Mount Prospect Addition Part 3 to a point; thence South 520 51' 00" East 50.00 feet along said northerly line of Mount prospect Addition Part 3 to a point; thence North 240 281 04" East 150.00 feet along said northerly line of Mount Prospect Addition Part 3 to point of intersection with the southerly right-of-way line of said U.S. Highway 06 Bypass; thence Northwesterly 140.51 feet along a 2,715 foot radius curve concave southwesterly, said line being said southerly right-of-way line of U.S. Highway 06 Bypass to a point; thence North 880 261 29" West 688.28 feet along said southerly right-of-way line of U.S. Highway 06 Bypass to a point; thence North 30 20' 2411 East 110.00 feet along said southerly right-of-way line of U.S. Highway 06 Bypass to a point; thence Westerly 183.75 feet along a 2,715 foot radius curve concave southerly, said line being said southerly 0 ght- of- way line of U.S. Highway 06 Bypass to a point; thence South 890 27' 44" West 229.51 feet along said southerly right-of-way line of U.S. Highway 06 Bypass to the point of beginning; and containing 12.4 acres, more or less. 141CROFILI-E0 BY ;•1 DORM MICR#LAB CEDAR RAPIDS • DES MOINES r9iIWl iLMLu BY JORM MICROL.AB Ordinance No. 78-2930 Page 3 CEDAR RAPIDS AND as requested by Frantz Construction Company, Inc., located south of Hwy. 06 Bypass and east of Sycamore Street. (Mt. Prospect Addition, Part 4.) Section 2. 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. Section 3. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance to the County Recorder of Johnson County, Iowa, upon final passage, approval and publication as provided by law. Passed and approved this 14th day of November , 1978. MAYOR ATTEST: ATTEST: CITY CLERK It was moved by Balmer and seconded by Roberts that the Ordinance a adopte , and upon roll ca t erewere: AYES: NAYS: ABSENT: x x X _ x x _ BALMER dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA First consideration 10/31/78 Vote for passage: Ayes: Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse. Nays: none Second consideration 11/7/78 Vote for passage: -Ay—e-s--7613rosse, Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer. Nays: none. RI(.CI;iV�n G• F" Ai.iv.atiT Date of publication November 22, 1978 m 7 L;^VGAL s1 6 T''HICROf ILMED OY JORM MICR+LAB ! CEDAR RAPIDS „ DES MOINES 1.1rwWr iL;•iLU by Jukil MICROLAb CEDAR RAPIDS AND DE City of Iowa City lam -MEMORANDUM DATE: October 13, 1978 TO: Planning and Zoning Commission FROM: Dennis R. Kraft, Director of Planning and Program Development RE: Application to Rezone Mount Prospect Addition, Part IV Frantz Construction Company, Inc. submitted an application in August of 1975 to rezone a 31.5 acre tract of land from an RIA Zone to RIB and R2 Zones. The application was denied by the City Council in December of 1975 because there were insufficient votes to approve the application by the required extra -ordinary majority vote. The applicant subsequently submitted an application to rezone a part of the 31.5 acre tract from an RIA Zone to.an RIB Zone which was approved by the City Council in May of 1976. Finally, the applicant submitted an application to rezone the remaining 18.5 acres from an RIA Zone to RIB and R2 Zones. Since it did not appear that there was sufficient capacity in the sanitary sewer system serving this area for RIB size lots, the Council deferred consideration of the application until both a final plat of the subject area and the rezoning application could be considered at the same meeting. A final plat for the 18.5 acre tract has now been submitted for consideration by the Planning and Zoning Commission (See Staff Report S-7727). The application to rezone this tract has been "reactivated" and would necessarily have to be considered prior to approval of the final plat as the lot sizes illustrated do not comply with the existing RIA zoning. The initial staff report developed by the staff in consideration of the request to rezone the total 31.5 acres tract is attached for your review in consideration of rezoning the remaining 18.5 acre tract. The staff's recommendation at that time was for approval of the application for the reasons indicated in the report. Subsequently, however, the Comprehensive Plan was adopted. The Comprehensive Plan Map shows this area being developed at a density of 2-8 dwelling units per acre. The request of the applicant is to rezone part of the area to an R2 Single and Two Family Zone which permits an overall density of approximately 14 dwelling units per acre. The R2 Zone, therefore, would not be consistent with the Comprehensive Plan Map. The overall density proposed for the 18.5 acre tract, however, is one unit per 7040 square feet of land area which is approximately 5 units per acre, and is consistent with the provisions of the Comprehensive Plan. If the recommenda- tions of the Comprehensive Plan are to be followed, the rezoning request must be evaluated simultaneously with, and directly tied to the subdivision plat approval. Conversely, the rezoning of part of the subject property to R2 without some additional form of density through platting control could result in this area being developed to a density of up to 14 dwelling units per acre. If this were to occur, it would exceed the density prescribed by the Comprehensive Plan. DRK/ssw Attachment MICROFILMED BY .� JORM MICR+LAB CEDAR RAPIDS • DES MOINES 2092 Fli u<Ur iLi•liu by JURM 141CROLAB • CEDAR RAPIDS AND DCS .I , IEC, InD1. I STAFF REPORT Planning & Zoning Commission September 11, 1975 i SUBJECT: Z-7505. Application submitted by Frantz Construction Co., Inc. to rezone a tract of land located south of Highway 6 Bypass and east of Sycamore Street from an RIA Zone to an RIB Zone and R2 Zone; date filed: 8/14/75; 45 -day limitation: 9/19/75. STAFF In a preliminary Staff Report ANALYSIS: dated August 14, 1975, it was indicated that even if the subject 31.5 acre tract was developed for single family residential use at lot sizes equivalent to RIA, existing sewers could not handle anticipated additional sewage flows without surcharging. Obviously, any further consideration for rezoning the property to permit a higher density of development was redundant pending a complete analysis of the capacity of the existing sewers. The Engineering Division has in conjunction with Shive-Hattery and Associates, engineers for the applicant, resolved that reserve capacity within the sewers, sufficient to accommodate additional sewage flows, exists. Their analysis, which will be explained later in detail, and the following analysis are predicated upon the number of lots illustrated on the preliminary plat of Mount Prospect Addition, Part 3, copies of which are enclosed herewith "-� to the Commission. The applicant has petitioned to rezone the northern 13.3 acres of the 31.5 acre tract to an R2 Zone for 41 duplex lots or 82 duplex units, an average of 6.2 units per acre, and the southern 18.2 acres to an RIB Zone for 74 single family lots, an average of 4.1 units per acre. In combination, 156 dwelling units on 31.5 acres would result in an average overall density of five units per acre. Or in terms of lot sizes, assuming a net reduction in gross land area of 20 percent for street area, the duplex lots would average approximately 11,300 square feet and the single family lots would average approximately 8,570 square feet. An overall average lot size per dwelling unit of approximately 7,040 square feet or a density of five units per acre is not'inconsistent with the adjacent developed additions of Hollywood Manor, Mount Prospect and Fairmeadows zoned RIB and R2. The R2 Two Family Residence Zone is intended to provide for single family dwellings and duplexes or two single family attached dwellings. These two residential land uses in combination with each other are quite compatible as evidenced in the Westminster Street and Cornell Avenue area comprised of medium to high quality residential dwellings, the large area zoned R2 in the Longfellow School District and along North Governor Street, and the Taylor Drive area located within close proximity to the subject tract. In planning theory, it is argued that neighborhoods made up of an intermixture nof nddtheylng haveypes are more tha practicellnteresting advantage of enabling layfamily to, more cmeet yits tisfying changing housing needs as it grows without having to leave the neighborhood. 7 MICROFILMED BY JORM MICR+LAE CEDAR RAPIDS • DES MOINES A f 7 MICROFILMED BY JORM MICR+LAE CEDAR RAPIDS • DES MOINES A wtUl ILMLu by JURM NICRULAb -2- L'LDAR RAPIDS AND DC Not withstanding from a land use perception, the Staff is inclined to consider the proposed rezoning to an R2 Zone an appropriate amendment to the Zoning Code. However, an area of concern to the Staff is the burden which might be placed upon the Grantwood Elementary School in increased pupil enrollment presumably proportionate to a comparative increase in the density of development. According to the Superintendent of the Iowa City Community School District, Mr. Merlin Ludwig, the Grantwood School, which is located south of the subject tract, was expanded two years ago to accommodate a maximum of 500 pupils, the most efficient operating level. This fall 403 students have been enrolled from areas both north and south of Highway 6 Bypass, but when the number of students reaches the maximum level, the school boundary will be shifted to Highway 6 Bypass. However, as was mentioned in a report entitled the "Neighborhood Park Study, Hollywood Manor Area" prepared in 1974 by the Planning Division, there is a total of 625 acres of undeveloped land within the "southeast area" which could be expected to accommodate an additional approximate 3,200 families and 3,900 children under 18 years of age. Only a small portion of the total number of children would be of elementary school age, but, nonetheless, there is cause for concern. The family size for single family dwellings is as high as 4.8 people per dwelling unit in the southeast area, but corresponding average family size for duplexes is a mere 2.67 people per unit, i.e., there are .67 children under 18 years of age per unit. Duplex development, therefore, would be expected to mollify an apparent future school enrollment problem. Attached hereto is a memorandum from the Engineering Division summarizing the conclusions from an analysis of the present loadings and capacity of the sewers which provide service to the subject tract. Although, as impli- cated in the previous Staff Report, 0.19 mgd (million gallons per day) of peak sewage outflow from a 45 -acre area, which includes the subject 31.5 acre tract and the 60 lots within the Mount Prospect Additions, Parts IA and 2, was allocated because of the existing R1A Zoning, there is in actuality a reserve capacity within the sewers for an additional 0.08 mgd of sewage flow, Since the subject tract is the last area to develop within the sanitary sewer service area, consumption of the reserve capacity does not present a problem, resulting in the most efficient cost/benefit relationship. Okay, but what if some unforeseen problem develops for which the reserve capacity is needed? As in all design standards, there are "built-in" tolerances to the figures presented including the following: 1. The 3.93 cpu (capita per unit) or average number of people per single family dwelling unit figure is representative of the average family size for 286 single family homes and a population of 1,132 people in 12 new residential areas according to the 1970 Decennial Census Block Statistics report. As a neighborhood matures, however, the average family size will decrease to an approximate average of 2.93 people per dwelling as was derived from 869 people residing in 297 homes in older areas. Thus, the quantity of sewage flow should proportionately decrease an anticipated 0.058 mgd for just 31.7 acres of the 45 -acre area, 7 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES iiLr(UriLMLU BY JORM MICROLAB 1� n -3- CEDAR RAPIDS AND DES 2. The 350 gpcpd figure for single family development is based upon 100 gpcpd sewage flow timos n 2.5 peak factor plus 100 gpcpd of infiltration of ground and surface water into the sanitary sewer. The Engineering Uivision had uniformly applied the sumo rate to duplexes. Yet, according to Veenstra and Kimm, consulting engineers who had designed the sewers for this area, design flows for multifamily development are based upon a 75 gpcpd sewage flow times a 2.5 peak factor plus 12.5 gpcpd of infiltration (the low infiltration rate is predicated upon the considerably less footage of sewer per capita). Admittedly, the density of duplex development will be far less than multifamily development, but is, nevertheless, greater than single family development, i.e., design flows for duplexes will be less than for single family dwellings. In summation, the Engineering Division is "comfortable" with the anticipated sewage flows expected from the proposed development of the 31.5 acre tract. Again, however, it is assumed that not more than 44 duplexes nor more than 76 single family homes will be constructed. Said preliminary plat illustrates 41 duplex lots and 74 single family lots. STAFF Based upon the foregoing analyses, RECOMMENDATION: it is the Staff's recommendation that the application be approved with the understanding that the tract will not be subdivided into more lots than indicated on the preliminary plat. �MICROFILMED OY { JORM MICR+LAB CEDAR RAPIDS • DES MOINES A iI I I ,I f 1 i I i i 1 i 1� n -3- CEDAR RAPIDS AND DES 2. The 350 gpcpd figure for single family development is based upon 100 gpcpd sewage flow timos n 2.5 peak factor plus 100 gpcpd of infiltration of ground and surface water into the sanitary sewer. The Engineering Uivision had uniformly applied the sumo rate to duplexes. Yet, according to Veenstra and Kimm, consulting engineers who had designed the sewers for this area, design flows for multifamily development are based upon a 75 gpcpd sewage flow times a 2.5 peak factor plus 12.5 gpcpd of infiltration (the low infiltration rate is predicated upon the considerably less footage of sewer per capita). Admittedly, the density of duplex development will be far less than multifamily development, but is, nevertheless, greater than single family development, i.e., design flows for duplexes will be less than for single family dwellings. In summation, the Engineering Division is "comfortable" with the anticipated sewage flows expected from the proposed development of the 31.5 acre tract. Again, however, it is assumed that not more than 44 duplexes nor more than 76 single family homes will be constructed. Said preliminary plat illustrates 41 duplex lots and 74 single family lots. STAFF Based upon the foregoing analyses, RECOMMENDATION: it is the Staff's recommendation that the application be approved with the understanding that the tract will not be subdivided into more lots than indicated on the preliminary plat. �MICROFILMED OY { JORM MICR+LAB CEDAR RAPIDS • DES MOINES MiLRW iLrILD BY JORM 141CROLAB CEDAR RAPIDS AND DES p VI. p r 6.30'00' T•. 32.92!' 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BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I. That that portion of Capitol Street in the County Seat Addition to the City of Iowa City, Iowa, lying south of the south right-of-way line of Court Street and north of the north right-of- way line of Harrison is hereby vacated. SECTION II. That this ordinance shall be in full force and effect on March 1, 1979. Passed and approved this ROBERT A. VEVERA, MAYOR ATTEST: ABBIE STOLFUS, CITY CLERK el f$ECEIVED .k APPP.01.1 8$ Ta LEGAL DEPAR'. ;:.'11T �� iri ra•,�9 :_ -;11(kul 1011) Bl JORM MICROLA13 CRIAP RAPP' • PCS MONCS