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HomeMy WebLinkAbout1997-10-21 OrdinancePrepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 97-3811 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGU- LATIONS OF AN APPROXIMATE 3.63 ACRE TRACT OF LAND LOCATED EAST OF SOMERSET LANE AND SOUTH OF WELLINGTON DRIVE FROM RS-$ TO OPDH-5, A PRELIMINARY PLANNED DEVELOPMENT HOUSING (OPDH) PLAN FOR VILLAGE GREEN, PART XV. WHEREAS, the subject property is presently in an area shown on the Comprehensive Plan for the City of Iowa City as residential, at a density of two to eight dwelling units per acre; and WHEREAS, the property owner has applied to rezone the parcel to OPDH-5 to permit develop- ment of the tract for a planned housing devel- opment of sixteen dwelling units clustered in two and three-unit combinations around a proposed stormwater detention facility; and WHEREAS, the proposed design of the OPDH plan has the appearance of a sufficient amount of open space; features such as varied roof lines and staggered facades, which will lessen the appearance of bulk; and setbacks and perimeter landscaping, which will make the design com- patible with surrounding existing and anticipated single-family development; and WHEREAS, the density of the proposed devel- opment is consistent with the density proposal in the Comprehensive Plan in this area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. ZONING AMENDMENT. The proper- ty legally described below is hereby reclassified from its present classification of RS-5 to OPDH-5, and the preliminary PDH plan for Village Green, Part XV is hereby approved. Commencing at the Southeast Corner of the Southeast Quarter, of Section 13, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S89°53'53"W, along the South Line of Said Southeast Quarter, 952.21 feet, to the Southeast Corner of Outlot "B", of Village Green - Part XIV, in accordance with the Plat thereof recorded in Plat Ordinance No. 97-3811 Page 2 Book 37 at Page 41, of the Records of the Johnson County Recorder's Office; Thence N00%9'33"W, along the East Line of said Outlot "B", 135.99 feet to the Northeast Corner thereof; Thence Southwesterly, 5.57 feet, along the North Line of said Outlot "B", on a 746.66 foot radius curve, concave Northwesterly, whose 5.57 foot chord bears S89°23'16"W; Thence N00°23'56"W, 60.00 feet, to the Southeast Corner of Lot 42 of Said Village Green - Part XIV; Thence N06°04'44"E, along the East Line of Said Lot 42, 250.33 feet, to the Northeast Corner thereof, the Southern Most Corner of Lot 25 of Village Green - Part XIII, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 323, of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence N02°17'51"W, along the Easterly Line of Said Lot 25, 165.44 feet; Thence N05°03'16"W, along said Easterly Line, 50.00 feet; Thence Northwesterly, 62.61 feet, along said Easterly Line, on a 354.40 foot Radius Curve, concave Northeasterly, whose 62.53 foot chord bears N89°59'34"W; Thence N84°55'53"W, along said Easterly Line, 52.33 feet; Thence Northwesterly, 121.16 feet, along said Easterly Line, on a 87.98 foot radius curve, concave Northeasterly, whose 111.81 foot chord bears N45°28'41 "W; Thence N06°01'29"W, along said Easterly Line, 63.40 feet; Thence Northwesterly, 80.56 feet along said Easterly Line, on a 292.58 foot radius curve, concave Southwesterly, whose 80.31 foot chord bears N13°54'47"W; Thence N21°48'05"W, along said Easterly Line, 71.05 feet; Thence Northwesterly, 87.48 feet, along said Easterly Line, on a 530.07 foot radius curve, concave Northeasterly, whose 87.38 foot chord bears N 17 °04'25"W; Thence N77°39'16"E, along said Easterly Line, 97.35 feet; Thence S34°36"55"E, 208.57 feet; Thence S89°54'27"E, 233.29 feet; Thence S34°34'27"E, 174.70 feet; Thence S04°24'54"W, 177.08 feet; Thence S64°49'19"W, 275.09 feet, to the Point ofBeginning. Said Tract of Land contains 3.63 Acres, more or less, and is Subject to easements and restrictions of record. Ordinance No. 97-3811 Page 3 SECTION II. 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 ad- judged 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 unconsti- tutional. 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 2!st day of October ,19 97 ,. ATTEST:cLE~..,~.~,~ ~, ,/'~ CITY pp dad min\orolvilgr-xv.d oc Ordinance No. 97-3811 Page 4 It was moved by ThnrnhPrry and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Vanderh~ef that the First Consideration 10/7/97 Vote for passage: AYES: Norton, Novick, Thornberry, Vanderhoef, Baker, Kubby, Lehman. NAYS: None. ABSENT: None. Second Consideration ........................... Vote for passage: Date published 10/29/97 Moved by Thornberry, seconded by Vanderhoef, 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 ordin- ance be voted upon for final passage at this time. AYES: Vanderhoef, Baker, Kubby, Lehman, Norton, Novick, Thornberry. NAYS: None. ABSENT: None. MMS CONSULTANTS, INC. 1917 $. GILBERT ST. · IOWA CITY · IOWA 52240-4363 OFFICE: 319-351-8282 FAX: (3'[9) 351-847'6 Robert D. Mickelson Larry R. Schnittjer Christopher M. Stephan Glen D, Meisner Paul V. Anderson Edward H. Brinton David J. Biehl Jame E. Lichty L,S. (Retired) L.A. P.E. L.S. & P.E. P.E. P.E. L.A. L.S. uJ '"1 0 m 0 m 0 0 Z .,.1 October 8, 1997 Mr. Bob Miklo Cky of Iowa Cky Planning Depm'tment 410 E. Washington Street Iowa Cky, IA 52240 Re: Village Green Pm't 15 Dem- Bob: Z Z ,,J I am wrking to request that the City Council condense the 2nd and 3rd votes on rezoning at Village Green Pm't 15 lot 43 on October 21 meethag. With this request the developer desires that the Council approval of the Final Plat could occur at that same meeting. This will allow the developer's schedule for financing and development activities to proceed in a more orderly fashion. Res~ully submitted; Paul V. Anderson, P.E. cc: Bill Frantz 3008017m.03 Z Prepared by: R. J. Winkelhake, 410 E. Washington St., Iowa City, IA 52240; 319-356-5270 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 8, ENTI- TLED "POLICE REGULATIONS"; CHAPTER 7, ENTITLED "WEAPONS", TO PROHIBIT THE USE OF BOWS, ARROWS AND CROSSBOWS WITHIN THE CITY. WHEREAS, there are no City regulations addressing the use or discharge of arrows or other dangerous missiles from bows; and WHEREAS, it is in the public interest for health and safety reasons to prohibit the discharge of arrows or other dangerous missiles from bows and crossbows within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Title 8, entitled "Police Regulations," Chapter 7, entitled "Weapons", is hereby amended by adding a new Section 4, entitled "Bows, Arrows and Crossbows" to read as follows: It shall be unlawful for any person to discharge or cause to be discharged any bow or crossbow which propels an arrow or other dangerous missile at any time or under any circumstances within the City limits. SECTION I!. 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 tl~e 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 ,19 Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK City Attorney's Office MEMORANDUM TO: FROM: RE: DATE: Mayor and City Council Members R. J. Winkelhake, Chief of Police BOWS, ARROWS AND CROSS BOWS October 15, 1997 During the Deer Committee discussion the fact that the City Code was silent regarding the use of Bows or Crossbows within the city limits was brought to light. I believe the lack of any type of ordinance with respect to Bows and Crossbows presents a safety concern to the citizens of Iowa City. I believe this concern can be addressed by the addition of a section titled: 8-7-4: BOWS, ARROWS AND CROSSBOWS: Discharge Prohibited: It shall be unlawful for any person to discharge or cause to be discharged any bow or crossbow which propels an arrow or other dangerous missiles, at any time or under any circumstances within the City limits. Prepared by: R.J. ~lhake, z~10 E. Washington St., Iowa City, IA 52240; 3' ORDINANCE NO. AN ORDINANCE AMENDING TITLE ENTI- 'LED "POLICE REGULATIONS"; CH 7, ITITLED "WEAPONS", TO PRO THE OF BOWS, ARROWS AND THE CITY. lEAS, there are no regulations the use or disch e of arrows or other gerous missiles bows and crossbow,, the Cityjand it is in tl~ public interest for health and fety red'sons to prohibit the discharge of or other dangerous missiles from rs ,a'~d crossbows within the City. NOW, THEREF E, BE IT ORDAINED BY THE CITY COUI OF THE CITY OF IOWA CITY, IOWA: SECTION I. 9, entitled "Police Regulations, Chapter entitled "Weapons", is hereby a ~ended by ~g a new Section entitled Arrows ~d Crossbows" to read as )ws: It be unlawful any person to e or cause to be ~rged any bow or which propels an trow or other erous missile at any time under any curestances within the City II. REPEALER. All ordi ~nces and of ordinances in conflict he provi- sicns of this Ordinance are hereby SECTION Ill. SEVERABILITY. If any provision or part of the Ordinance dl be adjudged to be invalid or unconstitutional adjudication shall not affect the validity the Ordinance as a whole or any section, ~n or part thereof not adjudged invalid 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 ,19