HomeMy WebLinkAbout1984-04-10 OrdinanceORDINANCE NO.
ORDINANCE AMENDING THE ZONING ORDINANCE'BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY LOCATED AT 30 NORTH CLINTON
STREET FROM P TO RM -145.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. That the property described
below—is—hereby reclassified from its
present classification of P to RM -145, and
the boundaries of the RM -145 zone as
indicated upon the zoning map of the City
of Iowa City, Iowa, shall be enlarged to
include the property located at 30 North
Clinton Street which is legally described
as follows:
The west 130 feet of Lot 3, Block 79 of
the Original Town.
SECTION II. 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 publica-
tion of this ordinance as provided by law.
SECTION III. -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 and publication 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hereby repealed.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,
prov s on or part of the Ordinance shall
be adjudged to be invalid or unconstitu-
tional, 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 Ordi-
nance shall be in effect after its final
passage, approval and publication as
required by law.
Passed and approved this
ATTEST:
Received & Approved
BY The !o•�al v'.1:2;�::nl
- r -
ORDINANCE NO. _
ORDINANCE APPROVING THE FINAL PLANNED
DEVELOPMENT HOUSING (PDH) PLAN OF HUNTER'S
RUN SUBDIVISION, PARTS 2 AND 3, IOWA CITY,
IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA
CITY, IOWA:
SECTION I. The final PDH plan of Hunter's
Run Subdivision, Parts 2 and 3, submitted
by Hunter's Run Development Company, is
hereby approved and legally described in
Attachment A.
SECTION I1. A variation from the require -
men underlying IS -5 zoning
approved as part of this PDH plan is a
density trade-off, whereby 4.186 acres of
parkland are being dedicated to the City
of Iowa City to allow development of
multi -family housing on Lots 50 and 51 at
a density of 5,500 square feet per unit.
The overall density, including a proposed
parkland, remains well above the required
8,000 square feet per unit.
SECTION III. This ordinance shall be in
u orce and effect by law.
SECTION IV. REPEALER. All ordinances and
pars o 'or finances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY. If any section,
prov s on or part of the Ordinance shall
be adjudged to be invalid or unconstitu-
tional, 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 s a a in effect after its
final passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Received &
Approved
pY 1.%T Legai
D21 V
�Ed
69(9
•It was moved by and seconded by
that the r finance as read a and
and upon roll ca ere
were:
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
DICKSON
ERDAHL
MCDONALD
STRAIT
ZUBER
First consideration
Vote for passage:
Second consideration _
Vote for passage
Date published
6�T
I.
ATTACHMENT A
PART TWO
Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North,
Range 6 West of the 5th. Principal Meridian; Thence N0.46'46"E, 1,150.38 feet to the Center-
line of Ronret Road, in accordance with the Final Plat of Hunters Run Subdivision, Part Cne,
recorded in Plat Book 22, Page 53, of the Records of the Johnson County Recorder's Orrice;
Thence NO.55112"E, 223.00 feet; Thence 589.04'48"E. 108.00 feet; Thence S0•55'12"w, 190.37
feet to a point an said Centerline of Rohret Road; Thence 474.06'29"E, 329.64 feet along 3410
Centerline; Thence Northeasterly 161.61•reet along said Centerline .on A 955.10 foot radius
curve, concave Southeasterly, whose 161.42 foot chord bears N78.57'21"E; Thence N0057'l8"E,
228.55 feet to the Point of Beginning of Part Two of Hunters Run Subdiv131on; Thence
N27.03136"W, 61.43 feet; Thence N46901'500W, 715.58 feet; Thence N39.42135"E, 124.50 feet;
Thence Northwesterly 208.81 feet along a 307.00 foot radius Curve, concave Southwesterly,
whose 204.81 foot chord bears 469.46132"W; Thence N89.15139"W. 41.92 feet; Thence .10.44'210E,
201.00 flet; Thence S89.15'39"E, 287.01 feet to a point on the Southwesterly Rignt-of-Way line
of Highway 2181518; Thence S46.01'50"E. 879.58 feet along said Southwesterly Rlgnt-Of-Way line
to a point on the East line of the West twenty-five (251 acres of the Northwest Quarter of the
Southeast Quarter (MWA, SEA) of said Section 18; Thence S0657'le"v, 529.90 feet along said East
line to a point on the centerline of said Rohret Road; ;hence NP9008'32"W, !32.72 feet along.
said Centerline; Thence Northwesterly 5.2a feet along said Centerline on a 955.00 foot radius
curve, concave Southwesterly, whose 5.28 foot chord bears N89018103"W; Thence 0°57118"E
223.01 reet; Thence N90°00100"W, 112.Oo feet to the Point of Beginning. Said tract of land
contains 9.24 acres more or less and is subject to easements and restrictions o.^ record.
PART THREE -
Commencing At the Southeast Corner of the Southwe3t Quarter of Section 18, Township 79 North,
Range 6 West of the 5th. Principal Meridian; Thence N0046146"E, 1 150.38 feet to the Center-
line or Rohret Aoae,in accordance with the final Plat of Hunters �lun Subdivision, Part One,
recorded in Plat Book 22, Page 53, of the Records of the Johnson County Recorder's Orrice;
Thence 40.55'12"E, 223.00 feet to the Point of Beginning of Part Three of Hunters Run Sub-
division; Thence 446.01'50"W, 139.47 feet; Thence N12°16150"W, 146.95 feet; Thence !179.46'50"W,
139.73 feet; Thence N46001150"W, 121.19 feet; Thence N6.00150"w, 213.04 feet; Thence South-
westerly 26.52 feet along a 225.00 foot radius curve,coneave Northwesterly, whose 25.50 foot
chord bears S87.21145"W; Thence N99.15'39"W, 20.33 feet; Thence NO.44121"E, 185.00 feet; Thence
S89°15'39"E, 10.00 feet; Thence 110.44121"E, 201.00 feet; Thence 589.15139"E, 218.08 fest;Thence
S0.44'21"W, 66.00 feet; Thence SE901.5139"E, 41.92 feet; Thence Southeasterly 208.81 feet along
a 307.00 foot radius curve, concave Southwesterly, whose 204.81 foot chord bears S69046132"E;
Thence S39042135"W, 124.50 feet; Thence S46°01'50"E, 715.58 feet; Thence S27,03'361'E, 61.43
feet; Thence S0057'18"W, 228.55 feet to a point on the Centerline of Rohret Road; Thence South-
westerly 161.61 feet along said Centerline on a 955.Oo foot radius curve, concave Southeaster-
ly, whose 161.42 foot chord bears S78°57'21"W; Thence S74006128"W, 329.64 feet along said
Centerline; Thence 40055'12"E, 190.37 feet; Thence N89.04148"W, 108.00 feet to the Point of
Beginning. Said tract of land contains 14.37 acres more or less and is 3utject to easements
and restrictions of record.
6�/y
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Bruce Knight
Item: 5-8404. Hunter's Run Subdivision Date: February 9, 1984
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable regulations:
45 -day limitation period:
60 -day limitation period:
Hunter's Run Development Company
1550 South Gilbert Street
Iowa City, Iowa 52240
Preliminary plat, Planned
Development Housing (POH),and
large scale residential develop-
ment (LSRD) plan approval for
Parts 2-8, and final plat, PDH
and LSRD plan approval for
Parts 2 and S.
To provide for the development
of 253 residential units.
One-half mile west of Mormon
Trek Boulevard along the north
side of Rohret Road.
Approximately 88 acres.
Undeveloped and POH-5.
North - undeveloped and ID -RS.
South - single family residen-
tial and PDH -5.
East - undeveloped and RS -5.
West - undeveloped & I0-RS/RR1.
Ag/rural residential.
Requirements of the subdivision
code, provisions of the Planned
Development Housing Zone,
stormwater management, and large
scale residential development
ordinances.
3/9/84
3/24/84
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Page 2
SPECIAL INFORMATION
Public utilities:
Public services:
Transportation:
Physical characteristics:
Adequate water service is
available. Sewer service will
be provided via the existing
Johnson County trunk sewer.
Sanitation service and police
and fire protection are avail-
able.
Access is provided via Rohret
Road.
The topography is characterized
by hilly, rolling terrain of
moderate relief.
ANALYSIS
The applicant is requesting approval of the preliminary plat, Planned
Development Housing (POH) plan and Large Scale Residential Development (LSRD)
plan for Parts 2-8 of Hunter's Run Subdivision -and the final plat, POH plan
and LSRD plan of Parts 2 and 3. The preliminary plat and plan of Parts 1-8
was previously approved on February 10, 1981,.with the following conditions:
111. The preliminary plat for Hunter's Run Subdivision is'approved subject to
the approval of the final plat, final planned area development plan and
final large scale residential development plan for each of the eight
parts provided for on said preliminary plat of the Hunter's Run Subdivi-
sion.
2. Obtaining and dedicating to the City of Iowa City, sanitary sewer
easements so that the sewer lines from this subdivision can hook into the
sewer which will serve the Johnson County care facility.
3. Provided that the schedule of completion set forth on the preliminary
plat be adhered to." (See attached resolution.)
The final plat of Part 1 of this subdivision was subsequently approved on
September 14, 1982. Part 1 is located south of Rohret Road and is designed
at a rural density because it is located in a different watershed than the .
remainder of the subdivision and will not receive sewer service. This is true
because the trunk line which would serve this area was not extended west of
Highway 218.
Parts 2-8 of Hunter's Run Subdivision has not been final platted nor received
final plan approval because the applicant was unable to obtain sewer ease-
ments necessary to extend sanitary sewer service to the property in ques-
tions. According to Section 32-30 of the subdivision regulations "affect of
approval," "approval of the preliminary plat shall be effective for a period
of eighteen (18) months, unless, upon written request of the subdivider, the
Council, by resolution, grants an extension of time." Also, the preliminary
LSRD requirements (Section 27-55(f) state that "approval of the map and plan
shall be effective for a period of six (6) months, unless upon written
G �I9
Page 3
request of the applicant, the Council grants an extension of time...". No
such request was ever made by the applicant for either the plat or plan and,
therefore, the previous preliminary plat for Parts 2-8 is null and void and
must be submitted again for approval. The preliminary PDH plan has no time
limit and needs only to be amended to revise the schedule of completion. The
preliminary plan should, therefore, be labeled as an amended PDH plan.
At the time the preliminary plat was previously reviewed by staff (see
attached staff report) a major concern addressed was 'the need for the
applicant to obtain sewer easements from adjoining property owners in order
to extend sanitary sewer service to this development. As a result, one of
the conditions placed on the approval of the preliminary plat and plan was
that the applicant obtain the necessary easements and dedicate them to the
City. Subsequently, the land over which the sewer will run was acquired by
the State for Highway 218 construction. The City does not get easements from
the State, instead the State authorizes the use of highway right-of-way for
location of the sewer. This has been approved. However, a section of the
sanitary. sewer easement located on the applicant's property is included in
Part 4 which is not being final platted at this time. Therefore, an easement
dedication document should be submitted with the legal papers.
Another concern voiced in the staff report on the original submittal was for
adherence to the time schedule of completion. Staff proposed that "as a
condition of the preliminary plat and plan approval an agreement should be
submitted providing for a review of the development in terms of its complying
with the time schedule of completion and, if appropriate, consideration of
revising the time schedule and other possible amendments or action regarding
the development." Such an agreement was submitted in conjunction with
preliminary plat and plan approval (see attachment 34). The agreement
granted the City "...the right to review the planned area development and
large scale residential development plan, four years after the date of the
City's approval of said preliminary plat." The applicants have approximately
one more year before the end of the four year time period. Because the plan
is now being revised, this agreement should be updated to recognize the new
sequence of development. However, this change should not alter the schedule
of review established in the existing agreement.
It should be noted that approval of the preliminary plat and plan of this
development resulted in a great deal of discussion in 1981 because of the
City's desire to limit development on the west side of Highway 218. It was
maintained that limited development was advisable because this area would be
more difficult and expensive to serve as a result of the construction of
Highway 218. Further, this development is not consistent with the short
range comprehensive plan approved as part of the land use update approved by
City Council in February, 1983. However, the decision to extend sanitary
sewer and water services to the Johnson County home thereby made those
services available for development and made "leapfrog" development possible.
Subsequently, in conjunction with the adoption of the new zoning ordinance in
December, 1983, this area was rezoned to PDH -5 in recognition of the previ-
ously approved plan. This zoning, in conjunction with the availability of
City services (i.e. sewer and water) make it very difficult to deny this
proposal. .
15
a _ ..
Page 4
STAFF RECOMMENDATION
Staff recommends that the preliminary plat and plan of Parts 2-8 of Hunter's
Run Subdivision, and the final plat and plan of Parts 2 and 5 be deferred.
Upon resolution of the above concerns, and the deficiencies and discrepancies
listed below, staff would recommend approval.
DEFICIENCIES AND DISCREPANCIES
Final plat
i
I. A future dedication document should be submitted for the proposed parkway
area. Also, this area should be resubmitted to the Parks and Recreation
Commission for review.
2. Construction plans have not yet been approved.
ATTACHMENTS
1. Location map.
2. Resolution approving the original preliminary plat and plan.
3. Staff report regarding the original submittal,
4. Previous agrnment regarding adherence to the time schedule.
ACCOMPANIMENTS
1. Preliminary plat, PHD and LSRD plan Parts 2-8,
2. Final plat, PHD and LSRD plan, Parts 2
W
.
Approved by;,
r, rec orlanning and
Program Development
��9
LocxT, i OQ Ma p
S - 8-qa4
u
ORDINANCE NO. 84-3179
ORDINANCE AMENDING THE FINAL PLANNED
DEVELOPMENT HOUSING PLAN FOR RESUBDIVIDED
LOT 6214AC BRIDE ADDITION, PART 2.
Be it enacted by the City Council of Iowa
City, Iowa:
SECTION I. The approved planned develop-
ment housing plan for resubdivided Lot 62,
MacBride Addition, Part 2 established by
Ordinance 83-3118 is hereby amended to
include an easement granted to Northwest-
ern Bell Telephone, legally described
below, and the placement of a telephone
equipment enclosure with a brick facade
within said easement, as shown on "Exhibit
A" attached.
A part of Lots 6 and 7 of the
Resubdivision of Lot 62, Part 2,
MacBride Addition to Iowa city, Iowa,
described as follows:
Beginning as a point of reference at
the Southwest corner of said Lot 7;
thence North 88029'30" East 60 feet
along the South line of said Lot 7 and
Lot 6 to a point, (assumed bearing for
purposes of this description only);
thence North 1044'23' East 40 feet
parallel to the West line of said Lot 7
to a point;
thence South 88029'30" West 60 feet
parallel to the South line of said Lots
6 and 7 to a point on the West line of,.
said Lot 7;
thence South 1044123' West 40 feet
along said West line to the point of
beginning.
SECTION II. BUILDING PERMITS. The
Building inspector is ere y au horized
and directed to issue all building
construction, and occupancy permits for
said area on the basis of conformance with
the amended plan.
SECTION III. FILING. The Mayor and the
City Clerk o e y of Iowa City are
hereby authorized and directed to certify
this ordinance and the amended plan; and
Northwestern Bell Telephone shall record
at the office of the County Recorder of
Johnson County, Iowa, a copy of this
ordinance after the final passage,
approval and publication as provided by
law.
/053
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Ordinance No. 84-3179
Page 2
SECTION IV. EFFECTIVE DATE. This
Ordinance shall be in effect after its
final passage, approval and publication as
required by law.
Passed and approved thislOth day of
April, 1984.
McvnR
RM16D/Y/SOW of LOT 62 AM72
Mac 6R/OE ADD/T/o�✓
is.ss'
i
EXHIBIT A f l/ow
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EXHIBIT A f l/ow
It was moved by Ambriscoand seconded by Erdahl
that the Ordinance is read be'adopted and upon ro ca ere
were:
AYES: NAYS: ABSENT:
X AMBRISCO
_ X BAKER
X DICKSON
X ERDAHL
X MCDONALD
X STRAIT
X ZUBER
First consideration XxCxx
Vote for passage:
Second consideration Xx xx
Vote for passage
Moved by Ambrisco, seconded by Erdahl, 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
first and second consideration and vote be waived and the ordinance be
voted upon for final passage at this time.
Ayes: McDonald, Ambrisco, Dickson, Erdahl, Strait, Zuber.
Nays: None. Absent: Baker.
Date Published: April 18, 1984
/. 3
Northmstem Bell
2103 E. University
Des Moines, IA 50317
April 3, 1984
City Council of Iowa City
Iowa City, IA 52244
Re: Easement for equipment building
McBride Addition Part 2
Northwestern Bell Telephone Company respectfully.requests
the City Council of Iowa City, Iowa, to waive the last two (2)
readings of the Ordinance to Amend the Planned Development
Housing Plan for the McBride Addition Part 2.
GLW:
Very truly yours,
G. L. Walker
Supervisor, R/W
6.53
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 17 OF THE
CODE OF ORDINANCES OF IOWA CITY, IOWA, BY
CREATING AN EXCEPTION TO THE MINIMUM
BEDROOM SIZE IN TWO BEDROOM MOBILE HOMES,
AND BY REVISING THE SECTION REGULATING
GARBAGE STORAGE CONTAINERS.
SECTION I. PURPOSE. The purpose of this
ordinance is to -create an exemption to
accommodate two (2) bedroom mobile homes
having one (1) bedroom at least 70 square
feet in area and often having a second
bedroom at less than the required 70
square feet and to revise the section
requiring owners of dwellings to provide
adequate garbage storage containers by
requiring that said garbage storage
containers be stored on the premises
served in locations other than the front
yard, or the required side yard, or in a
parking space.
SECTION II. ESTABLISHMENT. Chapter 17 of
e Code of Ur—d�inanres of Iowa City is
hereby amended as follows:
A. Section 17=5(n)(3) is hereby repealed
and the following is adopted in lieu
thereof:
17-5(n)(3) Sleeping rooms. In
every dwelling unit of two or more
rooms and every rooming unit, every
room occupied for sleeping purposes by
one occupant shall contain at least
seventy (70) square feet of floor
space and every room occupied for
sleeping purposes by more than one
occupant shall contain at least forty
(40) square feet of floor space for
each occupant thereof.
Exception: Two bedroom mobile
homes shall be required to have one
bedroom in compliance with this
section.
B. Section 17-7(x) is hereby repealed and
the following is adopted in lieu
thereof:
17-7(x) Garba a dis osal. Every
owner of a d e ng s a supply
adequate facilities for the disposal
of garbage which are approved by the
inspector and/or are in compliance
with the Code of Ordinances of Iowa
City. All garbage containers, whether
owned by the property owner, or the
property of a refuse hauling service,
shall be stored .on the premises
serviced by the containers and shall
65-5-
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i
Ordinance No.
Page 2
not be stored in a required parking
space, in the front yard of a prop-
erty, or in the required side yard of
a property.
SECTION III. REPEALER: All ordinances
and parts of ord nances in conflict with
the provision of this ordinance are hereby
j repealed.
SECTION IV. SEVERABILITY: If any
section, provision or part of the Ordi-
nance shall be adjudged to be invalid or
'unconstitutional, such adjudication shall
not affect the validity of the Ordinance
as a whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION V. ' EFFECTIVE GATE: This Ordi-
nance shall a in effect after its final
passage, approval and publication as
required by law.
Passed and approved this
-MAYOR
ATTEST:
CITY CLERK
Received & Approved.
By The Legal Department
�_ 4LeA `
� 5-6-
It was moved by and seconded by
that the Ordinance as read be adopted and upon roll call there
were: