HomeMy WebLinkAbout2003-09-22 Ordinance Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ03-00017)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 8,7 ACRES FROM INTERIM DEVELOPMENT (ID-RS) TO
SENSITIVE AREAS OVERLAY - LOW DENSITY SINGLE-FAMILY (OSA-5) LOCATED ON THE WEST
SIDE OF FOSTER ROAD.
WHEREAS, the Owner, K. G. Bird, L.L.C. has requested that the City rezone approximately 8.7 acres of
land located on the west side of Foster Road from Interim Development (ID-RS) to Sensitive Areas Overlay -
Low Density Single-Family (OSA-5); and
WHEREAS, the property contains the steep slopes, critical slopes, protected slopes, woodlands and a
grove of trees; and
WHEREAS, the Sensitive Areas Overlay Development Plan provides for the creation of an outlot to be
dedicated to the City in order to preserve much of the woodland and regulated slopes; and
WHEREAS, the Sensitive Areas Development Plan includes a tree protection plan that will provide for
the protection of a grove of trees located within the property; and
WHEREAS, the Sensitive Areas Development Plan includes the removal of a portion of the woodlands in
order to allow the construction of White Oak Place and building sites; and
WHEREAS, the Sensitive Areas Development Plan provides for replacement trees that will be
planted to compensate for portions of the removed woodlands according to the specifications of the City
Forester; and
WHEREAS, the Planning and Zoning Commission has reviewed the Sensitive Areas Development
Plan, including the proposal to remove a portion of the woodlands; and
WHEREAS, the Planning and Zoning Commission has determined that removal of a portion of the
woodlands will make it more feasible to preserve the large oak and hickory trees located on the property;
and
WHEREAS, the Planning and Zoning Commission has recommended approval of the rezoning and
Sensitive Areas Development Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY:
~u~. The following property is hereby rezoned from ID-RS to OSA-5 and the
associated Sensitive Areas Development Plan and Tree Protection Plan is hereby approved:
Auditor's Parcel 95079, in accordance with the Plat thereof recorded in Book 35, at page 267 of the
records of the Johnson County Recorder's Office. Said Parcel contains 8.70 acres, and is subject to
easements and restrictions of record.
The City Clerk is hereby authorized to record the Sensitive Areas Development Plan and Tree
Protection Plan in the office of the Johnson County Recorder at the Owner's expense.
SECTION II. ZONING MAP The Building Official 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.
~. All ordinances and parts of ordinances in conflict wi!h the provisions of this
Ordinance are hereby repealed.
.~I::~TION IV. SEVE:RAI~ILITY. 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 V EFFFC. TIVF DATF This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this __ day of ,20___
MAYOR
ATTEST:
CITY CLERK
C it~%~'~Mey's ~)ffice
ppdadmin~ord~fosteroad,dcc
Ordinance No.
Page __
It was moved by and seconded by that the Ordinance
as read be adopted, and upon tell call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 9/22/03
Voteforpassage:AYES: Vanderhoef, Nilburn, Champion, Lehman, O'Donnel]. NAYS: Pfab,
Kanner. ABSENT: None.
Second Consideration
Vote for passage:
Date published
MEARDON, SUEPPEL ~ DOWNER P.L.C.
UAMES D. MCCARRAGHER IOWA CITY. IOWA 52240 - 1830
PLC-FER J. GARDNER
o~_'-° -t'l
September 17, 2003
Members, City Council HAND DELIVERED
City of Iowa City, Iowa
Civic Center
410 East Washington Street
Iowa City, IA 52240
Re: Oakmont Estates (REZ03-00017/SUB03-00019)
Dear Council Members:
I am writing this letter to you on behalf of K G Bird, L.L.C. to ask for accelerated
consideration of the above-mentioned rezoning and subdivision requests such that all
necessary readings are completed by September 23, 2003. I make this request based on
the following reasons:
1. The rezoning and subdivision applications appear to have unanimous
approval of Staff, the Planning & Zoning Commission and no opposition at the
September 9, 2003, public hearing.
2. If accelerated, K G B~rd would stand a reasonable chance of installing the
requisite infrastructure during this construction season.
3. If the readings are not accelerated, the Council will not meet until mid-
October to consider these matters and such a delay could postpone installation of the
infrastructure.
Members, City Council
City of Iowa City, Iowa
Page 2
September 17, 2003
I hope you will look favorably upon this request. If anyone has any questions,
please do not hesitate to contact the undersigned.
Very truly yours,
Charles A. Meardon
CAM:seh
cc: Mr. Walter A. Dobrian
Mr. and Mrs. Duane Bolton