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Home My WebLink About2003-10-14 Ordinance Prepared by: Robert Mildo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ03-00017 ORDINANCE NO. 03-4099 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, EEC. 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 Oveday 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 podion 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: AF:C. TION I APPROVAl. The following property is hereby rezooed 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. ,~-.~. 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. SECTION IV 5;FVERABILITY 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. ~F~TION V I:::FFI=C;TIVE E)ATF This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Pe. sse~and approved this 14th dayof October ,20 03 ATTEST: ~/_~'~,-~-...~.~ CI~r~ERK Cit~'~.{~Mey's ~)ffice ppdadmin~ord~osteroad.doc Ordinance No. 03-4099 Page 2 It was moved by Vanderhoef and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Nab X Vanderhoef X Wilbum First Consideration 9/22/03 Voteforpassage:AYES: Vanderhoef, Wilburn, Champion, Lehman, 0'Donnell. NAYS: Pfab Kanner. ABSENT: None. Second Consideration 9/23/03 Vote for passage: AYES: Champion, Lehman, 0'Donnell, Vanderhoef, Wilburn. NAYS: Kanner, Pfab. ABSENT: None. Date published 10/22/03 Prepared by: A. Matthews, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES~" CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES", SUBSECTION 7, "PARKING VIOLATIONS" OF THE CITY CODE TO INCREASE MONTHLY PARKING PERMIT FEES FOR CITY EMPLOYEE LOT PERMITS, WHEREAS, the City Council recently amended Title 3, Chapter 4, Subsection 7; and WHEREAS, said amendment should also have included an increase in fees for City employee lot permits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Section 3-4-7: Title 3, Chapter 4, Subsection 7, Parking Violations of the Iowa City Code of Ordinances should be and is hereby amended by adding a new designation in Section 3-4-7, under "Fees for parking in city parking lots", to read as follows: Description Of Fee, Amount of Fee, Charge, Bond, Fine Or Charge, Bond, Penalty Fine or Penalty City employee lot permits, half-price of per month regular lot fee SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of MAYOR A-i-rEST: CITY CLERK Approved by City Att(Srfiey's Office Ordinance No. Page It was moved by. and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration .................... Vote for passage: Second Consideration 10/14/03 Voteforpassage: AYES: Pfab, Vanderhoef, Wi]burn, Champion, Kanner, Lehman, 0'Donne]]. NAYS: None. ABSENT: None. Date published Roved b~v Vanderhoef, 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 first consideration be waived and th ordinance be given second consideration at this time. AYES: Pfab, Wnderhoef,Wilburn, Champion, Lehman, O'Donnell. NAYS:Ka)inem. ABSENT: None.