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HomeMy WebLinkAbout1981-06-02 OrdinanceORDINANCE NO. 81-3022 AN ORDINANCE VACATING RIGHT-OF-WAY ALONG FOSTER ROAD AND ST. ANN'S DRIVE BETWEEN BURESH AND PRAIRIE DU CHIEN ROAD. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That the right-of-way in Iowa City, Iowa, hereinafter described by Attachment A and incorporated by reference herein is hereby vacated for street purposes with existing utility easements maintained. SECTION II. This Ordinance shall be in full force and effect when published by law. Passsed and adopted 2nd day of " June 1981. OHN R. BALME ,.MAYOR ABBIE 5T0LFUS, CITY LE K a r v Received 8, 'Approved dy a lagal Department j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 7G 7 1 r i i I,— I It was moved by Neuhauser and seconded �y Roberts , that the Ordinance as read be adopted and upon roll call there were: 4� AYES:_ NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA First consideration xxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxx Vote for passage: Moved by Neuhauser, seconded by Vevera, 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: Lynch, Neuhauser, Perret, Roberts, Vevera, Balmer, Erdahl. Nays: None. Date of publication 6/10/81 MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES 1401NES 74 7 L—,'_ - -Au r __ "EXHIBIT A" LEGAL DESCRIPTION; PARCEL No. 1 (vacated R.O.W.) An irregular strip'of land adjacent to the Northerly and Easterly boundaries of Lots 28 and 29 of Conway's Subdivision and outlot "A" of the Resubdivision of Lot 30 Conway's Subdivision, more particularly described as follows: Beginning at the NE Corner of Lot 1 of the resubdivision of Lot 30 Conway's Subdivision, said corner being N201110711W, 616.31 feet and N6004813811E, 395.89 feet from the SW Corner of the NE; of the NEI of Section 3-79-6; Thence 1429°11'22"W, 5.50 feet; Thence N60048138"E, 53.52 feet; Thence Southeasterly 122.21 feet along a 66.50 foot radius curve, concave Southwesterly, whose 105.73 foot chord bears S66032.126"E; Thence Southeasterly 104.47 feet along a 320.00 foot radius curve, concave Northeasterly, whose 104.01 foot chord bears S23014141"E; Thence Southeasterly 105.79 feet along a 90.00 foot radius curve,concave Northeasterly, whose 101.11 foot chord bears 566046122"E; Thence S7900310811W, 15.00 feet; Thence Northwesterly 142.74 feet along a 95.15 foot radius curve, concave Northeasterly, whose 129.73 foot chord bears N59058119"W; Thence N14059145"W, 52.04 fest; Thence Northwesterly 101.86 feet along a 95.75 foot radius curve, concave Southwesterly, whose 97.12 chord bears N45'28'21"W; Thence S60046'38"W, 77.40 feet to the Point -of -Beginning. LEGAL DESCRIPTION: PARCEL No. 2 (vacated R.O.W.) A 5.50 foot wide strip of land adjacent to the Northwesterly line of Lot 1 of the resubdivision of Lot 30 Conway's Subdivision more particularly described as follows: Beginning at the NE Corner of Lot 1 of the resubdivision of Lot 30 Conway's Subdivision, said corner being N201110711W, 616.31 feet and N6004813811E, 395.89 feet from the SW Corner of the NE} of the NE} of Section 3-79-6; Thence 560048138111d, 80.00 feet; Thence N2901112211W, 5.50 feet; Thence N6004813811E, 80.00 feet; Thence S29011122"E, 5.50 feet to the Point -of -Beginning. LEGAL DESCRIPTION: PARCEL No. 3 (vacated R.O.W.) A 5.50 foot wide strip of land adjacent to the Northwesterly line of Lot 2 of the resubdivision of Lot 30 Conway's Subdivision more particularly described as follows: Beginning at the NE Corner of Lot 2 of the resubdivision of Lot 30 Conway's Subdivision, said corner being N201110711W, 616.31 feet and N60048130"E, 315.89 feet from the SW Corner of the NE; of the NE} of Section 3-79-6; Thence S60048'38"W, 115.00 feet; Thence Southwesterly 23.56 feet along a 15.00 foot radius curve, concave Southeasterly, whose 21.21 foot chord bears S15048138"W; Thence N29011'22"W, 5.50 feet; Thence Northeasterly 23.56 feet along a 15.00 foot radius curve, concave Southeasterly, whose 21.21 foot chord bears N15048'38"E; Thence N6004813811E, 115.00 feet; Thence 529011'22"E, 5.50 feet to the Point -of -Beginning. i MICROFILMED BY 'JORM MICROLAB 'CEDAR RAPIDS -DES MOINES LEGAL DESCRIPTION: PARCEL No. 4 (vacated R.O.W.) A 5.50 foot wide strip of land adjacent to the Northwesterly line of Lot 25 of the resubdivision of 1.6t-30 Conway's Subdivision, more particularly described as follows: Beginning at the NW Corner of Lot 25 of the resubdivision of Lot 30 Conway's Subdivision, said corner being N201110711W, 616.31 feet from the SW Corner of the NEQ of the NE} of Section 3-79-6; Thence NO201110711W, 6.44 feet; Thence N6004813811E, 117.54 feet; Thence Southeasterly 23.56 feet along a 15.00 foot radius curve, concave Southwesterly, whose 21.21 foot chord bears S74011122"E; Thence S2901112211E, 5.50 feet; Thence Northwesterly 23.56 feet along a 15.00 foot radius curve, concave Southwesterly, whose 21.21 foot chord bears N74011122"W; Thence 560048138"W, 120.89 feet to the Point -of -Beginning. LEGAL DESCRIPTION: PARCEL No. 5 (vacated R.O.W.) A 5.50 foot"wide strip of land adjacent to the Southeasterly line of Lot 25 Conway's Subidivision, more particularly described as follows: Beginning at the SW Corner of Lot 25, Conway's Subdivision, said corner being N201110711W, 690.39 feet from the SW Corner of the NE} of the NE} of Section 3-79-6; Thence N60040138"E, 110.46 feet; Thence S3300910711E, 5.51 feet; Thence S6004813811W, 114.19 feet; Thence N0201110711W, 6.44 feet to the Point -of -Beginning. LEGAL DESCRIPTION: PARCEL No. 6 (vacated R.O.W.) A 5.50 foot wide strip of land adjacent to the Southeasterly line of Lot 24 Conway's Subdivision, more particularly described as follows: Beginning at the SW Corner of Lot 24 Conway's Subdivision, said corner being N2011107"W, 690.39 feet and N60048138"E, 110.46 feet from the SW Corner of the NE: of the NE} of Section 3-79-6; Thence N60048138"E, 79.92 feet; Thence S3300910711E, 5.51 feet; Thence S6004813811W, 79.92 feet; Thence N33009107"W, 5.51 feet to the Point -of -Beginning. LEGAL DESCRIPTION: PARCEL No. 7 (vacated R.O.W.) A 5.50 foot wide strip of land adjacent to the Southeasterly line of Lot 23 Conway's Subdivision, more particularly described as follows: Beginning nt the SW Corner of Lot 23 Conway's Subidivision, said Cornor being N201110711W, 690.39 foot and N60148138"E, 190.38 feet from the SW Corner of the NE+ of the NE} of Section 3-79-6; Thence N60048130"E, 79.92 feet; Thence 533009107"E, 5.51 feet; Thence S60048138"W, 79.92 feet; Thence N33009107"W, 5.51 feet to the Point -of -Beginning. i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 7G? a, -3- LEGAL DESCRIPTION: PARCEL No D (vacated R 0 W ) A 5.50 foot wide strip of land adjacent to the Southeasterly line of Lot 22 Conway's Subdivision, more particularly described as follows: Beginning at the SW Corner of Lot 22, Conway's subidivision, said corner being (42°11'07"W, 690.39 feet and N60148'38"E, 270.30 feet from the SW Corner of the NE} of the NE} of Section 3-79-6; Thence N60048138"E, 79.92 feet; Thence 533009107"E, 5.51 feet; Thence S60048'38"W, 79.92 feet Thence N33009107"W, 5.51 feet to the Point -of -Beginning. LEGAL DESCRIPTION: PARCEL No 11 (Vacated R 0 W ) An irregular strip of Land adjacent to the Westerly line of Lot 26 Conway's Subdivision more particularly described as follows: Commencing'at the NE Corner of Lot 1 of the resubdivision of Lot 30 Conway's Subdivision, said corner being N2011'07"W, 616.31 feet and N60048'3811E, 395.89 feet from the SW Corner of the NE} of the NE; of Section 3-79-6; Thence N60048'38"E, 192.43 feet; Thence S402014311E, 121.13 feet to the Northwesterly corner of Lot 26 of Conway's Subdivision; Thence S29041147"E, 60.40 feet; Thence S5505615211E, 10.57 feet to the Point -of. -Beginning; Thence S5505615211E, 39.37 feet; Thence Northwesterly 40.47 feet along a 50.00 foot radius curve, concave Northeasterly, whose 39.37 foot chord bears N5505615211W to the Point -of - Beginning. MICRDFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS•DES I40INES I 14— i i ORDINANCE NO. 81-3023 I ORDINANCE AMENDING SECTION 8.10.20D.2, AND 8.10.20E.2 OF THE CODE OF ORDINANCES OF IOWA CITY, PERMITTING THE CALCULATION OF DENSITY BY DWELLING UNITS AND ON THE BASIS OF THE LEAST RESTRICTIVE USE WITHIN A PLANNED AREA DEVELOPMENT. SECTION I. PURPOSE. The purpose of this amendment is to permit the calculation of density by dwelling units, rather than population and on the basis of the least restrictive use within a planned area development. SECTION II. AMENDMENT. Section 8.10.20 of the Code of Ordinances is hereby amended by the following: A. Section 8.10.20D.2 of the Code of Ordinances is hereby amended by deleting said section and replacing it with the following paragraph: 2. The dwelling unit density within the subarea does not exceed the dwelling unit density allowable for the least restrictive use for that area under existing zoning. B. Section 8.10.20E.2 of the Code of Ordinances is hereby amended by deleting said section and by replacing it with the following paragraph: 2. The overall dwelling unit density (total land minus street right of way) within the planned area development may be computed on the basis of that permitted for the least restrictive use, depending upon the character of the development, which would be allowed under the applicable zoning classification(s). SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be 768 I MICROFILMED BY 'JORM MICR_OB LA - CEDAR RAPIDS -DES 1401NES V. - adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 2nd day of June , 1981. ATTEST: It was moved by Erdahl and seconded by Neuhauser that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: i s BALMER x ERDAHL a LYNCH a NEUHAUSER x PERRET x ROBERTS x VEVERA First consideration 5/19/81 Vote for passage: Ayes: Neuhauser, Perrot, Roberts, Balmer, Erdahl, Lynch. Nays: Vevera. I ' Second consideration waived Vote for passage: Moved by Erdahl, seconded by Neuhauser, 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 Received & A00ro0A suspended, the second consideration and vote By The Legal Departnei: be waived and the ordinance be voted upon for final passage at this time. Ayes: Perret, j Roberts, Balmer, Erdahl, Lynch, Neuhauser. Nays: Vevera. Date published_L/10/81 i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 0 III .. J STAFF REPORT To: Planning & Zoning Commission Prepared by: Marianne Milkman Item: Z-8103. 223 S. Riverside Court Date: May 21, 1981 GENERAL INFORMATION Applicant: Mr. and Mrs. Andrew J. Rocca 23 S RI' ver side Court Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable regulations: 45 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Transportation: Physical characteristics: 2 Iowa City, Iowa 52240 Rezoning of one parcel from R1B to R3B. To construct an apartment building (approximately 8 units). 223 S. Riverside Court. 10,500 square feet. Single family and R1B. West - R38, rooming house and apart- ments. North - R3B, apartments. East - R1B, one lot single family residential; C2, one single family residence and commercial. South - CRI&P railroad tracks. Area is designated for a land use density of 16-24 dwelling units per acre. Provisions of the Zoning Ordinance. June 8, 1981. Adequate water and sanitary sewer service is available. Police and fire protection is available. Sanitation service is private. Vehicular access if from South Riverside Drive. Parcel is located in the Iowa River watershed and the topography is flat to very gently sloping. j MICROFILMED BY ' JORM MICROLAB CEDAR RAPIDS -DES MOINES 770 L.'. 2 ANALYSIS Mr. and Mrs. Rocca's property and the parcel immediately to the east (owned by Murray and Linda family Meierhoff), are zoned RIB. Both parcels are occupied by single structures. There is one additional single family structure on the land immediately east of the Meierhoff property, although most of the parcel of land is occupied by a large commercial building. The two properties zoned RIB are surrounded by an R3B zone to the west and north, a C2 zone to the east and the CRI&P railroad tracks to the south (see attached map). Apart from the three single family homes, land uses consist entirely of apartment complexes and commercial enterprises in the surrounding area. Access to the single family homes and the apartment building is via a private street, South Riverside Court, which is paved with asphalt and in good condition. Since the property is located on a private street, Mr. Rocca will have to apply to the Board of Adjustment for a variance to Section 8.10.3A. 48 before he can be issued a building permit. Mr. and Mrs. Rocca have requested a zoning change from RIB to R38 for their property in order to build an 8 -unit apartment complex. The lot size of this property is approximately 10,500 square feet, which is well above the minimum 5,000 square feet required for an R3A or R3B zone. This lot size would permit 10 multi -family units (with parking for 15 cars) for an R3A zone, or 14 multi- family units (with parking for 21 cars) for an R38 zone. Rezoning of the property to R3B and the construction of an apartment complex in this area would be consistent with the surrounding zoning and land uses. (The only exception would be the Meierhoff property also zoned RIB.) The Iowa City Comprehensive Plan shows the area immediately west of Riverside Drive with a proposed density of 16-24 DU/acre. However, the Planning and Zoning Commission, in discussing the LSRD plan of Dick Ziock, made a preliminary commitment to amend the Comprehensive Plan in this area to 25+ DU/acre. As a result, the proposed zoning map shows RM -44 for the area in question. Since the proposed RM -44 zone is approximately equivalent to the current R3A zone, it would be reasonable to rezone the Rocca property to R3A rather than R3B as requested. An R3A zone would permit the construction of up to ten multi -family units on the property, which will apparently meet the Rocca's needs. Staff recommends that the Commission consider rezoning the only other remaining RIB parcel (owned by the Meierhoffs) at the same time as the Rocca parcel, to provide more consistent zoning in the area. RECOMMENDATION Staff recommends the rezoning of the amending the Comprehensive Plan Rocca to show 25+ p /acrerin the afrom rea, to Staff also recommends that the Meierhoff property be rezoned from RIB to R3A after notification and discussion with the owner. 4 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 770 I-, 3 STAFF COMMENTS In order to amend the Comprehensive Plan, the Planning and Zoning Commission must hold an official public hearing prior to the adoption of an amendment and a recommendation to the City Council. Such a public hearing can be held on Thursday, June 4, 1981, which will be within the 45 -day limitation period of this application. 1. Applicant's letter to the Commission. 2. Location map. Approved by a d ch D 6r Departme t of Plannin and Progr Development MICROFILMED BY 'JORM MICRO_ LAB -_, _CEDAR RAPIDS•DES MOINES 1 i i i i I I< I j 1 I I 9 n 18.1 •2YN �-7 12 3-1 r:C! to MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES f L 8 ('Ino•' ' Dm oFi.� i.raa,l•i GDltloVl I'•I r..' D./C $'+• N_ -ie:• fit " ICG A. I1v11 IUL•' a .y '.i V\OI,: L.I•. �•;'1 � •' fa iio.aa 31�• :18 �liis , R licac., Ila :.k2 .1•Ln'' .0 11y'-c� I,l,I.�.: .•+,r. r,L;r ,1.• 1,. 1 CI.T JnLL �',LI V�I,l4 O Lev r nb°( I.ru LOCATION M Lr ,3' Go,hI.c In 40 .hd a' 1 MAP V OLIVE ST. -'t W Z — 81 03 [;I' ,�' 41' t•r' 4a' "Im,m Omrl•llpn . Klit.�CY J t I ' n•. r: 10 can Co.:- I, Al"(4 Y, G. h' Foy,l a/ .;I o c•Iv h.. rJ f,1%I:• I.kl�l.11Q•��l 4a 2�6 „ 7.r. • : r•� Ry,al(•,. i u..Jrt*liir•. 2e7. •'50. _ RIVERSIDE 'DR. ?61.2110 1 . , 14n I,• uJ' N;1 Pew J. Y. MYN n��,10. . . Flly,.il, FI,• 1.1,E ,� ,,,,, , . .., 45t- '[r - Y :+ ------ --- -- -- - - -(-_ ----- ii�� 2 L c h :✓ v•r eG At ;E40ifitLD nuts' ' c' F= ilGyF)ti1NG .'1.. I�� 2C� . EHIRe111 Tate qLv r" 5 c 1 Mdrew•J. Roce MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES f L ' IqY., n•f L . ,A fit L n,t.-, N• nlL•ILrbC7 [IS/. ICG IUL•' V\OI,: I'I,. F: W JnLL �',LI V�I,l4 O Lev I.ru M ' 31i (J.0 In 40 ; LA V -'t W - t o 34 i' - 7.r. • : r•� va; 4:. _ RIVERSIDE 'DR. 770 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES f L 4-24-81 Tos Planning and Zoning Cosmision Froms Mr. and Mrs. Andrew J. Rocca Res Rezoning in the Bo. Riverside Ct. area In regard to the rezoning project at 223 80. Riverside Ct. (currently R1 -B). We understand the zoning cannot be changed to R3 -B unless the Comprehensive Plan is amnended. Therefore we are asking the Planning and Zoning Commision to consider ammending the Comprehensive Plan allowing the zoning change. We feel thst this change will make the Bo. Riverside Ct. area much more consistently zoned. As it is now, there is an area of land zoned R1 -B, sur- rounded by the Railroad, C-2, and R3 -B. With this in mind you can easily see why we feel that the RI -B value of our lot is out of place. j Thank you.for your help and cooperation. I Bincerly, i Mr. and Mrs. Andrew J. Rocca j i r f { { j MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES 1401NES