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.
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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:
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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
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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