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
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Received 8, 'Approved
dy a lagal Department
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It was moved by Neuhauser and seconded �y Roberts ,
that the Ordinance as read be adopted and upon roll call there were:
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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
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"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.
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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.
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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.
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ORDINANCE NO. 81-3023
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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
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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.
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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
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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:
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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.
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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.
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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
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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
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