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Home My WebLink About2009-08-18 Ordinance9.6 Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. 09 -4354 AN ORDINANCE APPROVING A TWO YEAR EXTENSION OF THE PRELIMINARY PLANNED DEVELOPMENT PLAN AND SENSITIVE AREAS DEVELOPMENT PLAN (REZ06- 00026) FOR APPROXIMATELY 34.86 ACRES OF LAND LOCATED SOUTH AND WEST OF WHISPERING MEADOWS DRIVE TO COINCIDE WITH APPROVAL OF A TWO YEAR EXTENSION OF THE PRELIMINARY PLAT OF WHISPERING MEADOWS SUBDIVISION, PART 4. WHEREAS, an ordinance approving a planned development overlay rezoning and sensitive areas development plan was adopted on August 21, 2007; WHEREAS, a preliminary planned development overlay and preliminary sensitive area development plan expires two years from the date of approval unless a final planned development plan has been filed or an extension has been approved by ordinance; and WHEREAS, AM Management on behalf of the property owner, Barker Development Co., and the applicant, MBHG Investment Co., LC., has requested an extension of the planned development overlay rezoning plan and sensitive areas development plan to coincide with a two year extension of the preliminary plat of Whispering Meadows Subdivision, Part 4; and WHEREAS, the Department of Planning and Community Development and the Public Works Department have re- examined the preliminary planned development overlay rezoning plan and sensitive areas development plan and find that said plans remain in substantial compliance with all of the requirements of the City Ordinances of the City of Iowa City; and WHEREAS, staff finds that variations from current street right -of -way width standards are acceptable given the streets and lot layout were designed to avoid sensitive environmental features on the site and therefore recommend approval of the extension; and WHEREAS, it is known and understood by all parties that at final plat the sanitary sewer lines will be placed in locations that are not under street pavement, according to the City's engineering standards, unless it is unfeasible to do so. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Approval of the planned development overlay rezoning plan and sensitive areas development plan for the property described below are hereby extended for two years in concert with the extension of the approval of the preliminary plat of this same property, known as Whispering Meadows Subdivision, Part 4: LEGAL DESCRIPTION A PORTION OF THE SOUTHEAST ONE - QUARTER OF SECTION 23 AND A PORTION OF THE SOUTHWEST ONE - QUARTER OF SECTION 24, ALL IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL 2003100 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S89 °33'59 "W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE - QUARTER OF SAID SECTION 23, A DISTANCE OF 1318.71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE - QUARTER OF THE SOUTHEAST ONE - QUARTER OF SAID SECTION 23; THENCE N00 102'18 "E, 1121.93 FEET TO THE SOUTHWEST CORNER OF LOT 13, LAKESIDE ADDITION TO IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 99 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S89 057'18 "E, ALONG THE SOUTHERLY LINE OF SAID LAKESIDE ADDITION TO IOWA CITY, IOWA, 1175.00 FEET TO THE Ordinance No. 09 -4354 Page 2 IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 34 AT PAGE 99 IN SAID RECORDER'S RECORDS; THENCE S00 °02'42 "W, ALONG A WESTERLY LINE OF SAID WHISPERING MEADOWS SUBDIVISION, PART TWO, 127.00 FEET; THENCE N89 057'18 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 12.29 FEET; THENCE S00 002'42 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 203.50 FEET TO THE SOUTHWEST CORNER OF LOT 167 OF SAID SUBDIVISION; THENCE S89 157'18 "E, ALONG THE SOUTHERLY LINES OF SAID LOT 167 AND LOTS 166, 165, 164, 163, 162 AND PART OF LOT 161, A DISTANCE OF 298.23 FEET TO THE NORTHWEST CORNER OF LOT 154 OF SAID SUBDIVISION; THENCE S00 002'42 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 137.50 FEET; THENCE N89 057'18 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 20.00 FEET; THENCE S00 002'42 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 175.00 FEET; THENCE S05 044'59 "E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 159.34 FEET TO THE SOUTHWEST CORNER OF LOT 150 OF SAID SUBDIVISION; THENCE S16 040'29 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 114.86 FEET; THENCE S01 038'48 "E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 196.14 FEET TO THE SOUTHWEST CORNER OF LOT 147 OF SAID SUBDIVISION; THENCE S88 121'05 "W, 111.19 FEET TO THE POINT OF BEGINNING, CONTAINING 34.86 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION Il. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. 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 IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 1 8th day of August , 2009. AY ATTEST:�� Cff Y CLERK Appr ved by City Attorney's Office Ordinance No. 09 -4354 Page _a__ It was moved by Wilburn and seconded by O'Donnell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia X Hayek X O'Donnell X Wilburn X Wright First Consideration July 28, 2009 Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration --------------- - Vote for passage: Date published 8/26/2009 Moved by Wilburn, seconded by Wright, 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 second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5041 ORDINANCE NO. 09 -43 5 ORDINANCE AMENDING CITY CODE TITLE 1, ENTITLED "ADMINISTRATION," CHAPTER 5, ENTITLED "MAYOR AND CITY COUNCIL," TO FREEZE THE COMPENSATION FOR CITY COUNCIL MEMBERS AND REPEAL THE REVIEW POLICY ESTABLISHED BY ORDINANCE 97 -3804. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to freeze the rate of compensation paid to the Mayor and City Council Members in recognition of the current economic climate; and to remove the review of compensation policy established by Ordinance 97 -3804 providing for review in each regular election year in accordance with State Code. SECTION II. AMENDING SECTION 1 -5 -3.A Repealing Section 1 -5 -3A in its entirety and adding a new section to read as follows: A. City Council Members. Members of the City Council shall be compensated at the rate of seven thousand seventy two dollars ($7,072.00) annually. SECTION III. AMENDING SECTION 1 -5 -3C. Repealing Section 1 -5 -3C in its entirety. 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 effective January 1, 2010. Passed pnd approved this 18th day of August , 2009. 107L`l Ap roved by: 7 i4 o l City Attorney's Office d erk/ord /compens.doc Ordinance No. 09 -4355 Page 2 It was moved by Wright and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x— Correia x _ Hayek x O'Donnell 2 _ Wilburn x Wright First Consideration July 28, 2009 Vote for passage: AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn. NAYS: None. ABSENT: None. Second Consideration ---- - - - - -- Vote for passage: Date published 8/26/2009 Moved by Wilburn, seconded by Champion, 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 second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion, Correia. NAYS: None. ABSENT: None.