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HomeMy WebLinkAbout1996-07-02 OrdinanceContact Person: Melody Rockwell, Associate Planner. City of Iowa City, 410 E. Washington St., Iowa City, IA 52240; ,319/356-5251 ORDINANCE NO. 96-3735 ORDINANCE AMENDING THE ZONING CHAP- TER BY CHANGING THE USE REGULATIONS OF AN APPROXIMATE 1.07 ACRE TRACT OF LAND, KNOWN AS AUDITOR'S PARCEL 8950- 84, FROM CC-2, COMMUNITY COMMERCIAL, TO OSA/CC-2, SENSITIVE AREAS OVERLAY/- COMMUNITY COMMERCIAL, AND APPROVING A SENSITIVE AREAS DEVELOPMENT PLAN FOR THE AB BUILDING DEVELOPMENT FOR PROPERTY LOCATED EAST OF STURGIS CORNER DRIVE AND NORTH OF HIGHWAY 6, IOWA CITY, IOWA. WHEREAS, James Anderson, on behalf of property owner Southgate Development Com- pany, Inc., has requested the City to rezone an approximate 1.07 acre tract, know as Auditor's Parcel #95084, located east of Sturgis Corner Drive and north of Highway 6 from CC-2, Community Commercial, to OSA/CC-2, Sensi- tive Areas Overlay/Community Commercial, and to approve a Sensitive Areas Development Plan for the site; and WHEREAS, the requested zoning change and Sensitive Areas Development Plan will permit the applicant to construct an 11,888 square foot office building adjacent to a stream corri- dor and partially within a protected slope buffer in a manner that minimizes impacts on the sensitive features on and adjacent to the site; and WHEREAS, the applicant's engineer has certified on the Sensitive Areas Development Plan that the proposed development activities within the altered protected slope buffer area will not undermine the stability of the existing altered protected slope; and WHEREAS, the Sensitive Areas Development Ran provides for a river corridor trail easement to be granted to the City upon the City's writ- ten request; and WHEREAS, a minor modification has been granted by the City to permit the off-street Ordinance No. 96-3735 Page 2 parking requirement for the AB Building to be reduced from 69 parking spaces to 54 spaces, and said 54 parking spaces can be provided on the site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. ZONING AMENDMENT. The property legally described below is hereby reclassified from its present classification of CC-2 to OSA/CC-2, and the Sensitive Areas Development Plan submitted by James Ander- son for the AB Building development is hereby approved: AUDITOR'S PARCEL #95084: Beginning at the Southwest corner of Auditor's Parcel Number 95023, as recorded in Plat Book 35, at Page 284, of the records of the Johnson County Recorder's Office; Thence Northeaster- ly, 28.61 feet; along the Easterly Right- of-Way line of Sturgis Corner Drive, and the arc of an 80.00 foot radius curve, concave Southeasterly, whose 28.45 foot chord bears N08°41'03"E; Thence N18°55'40"E, along said East- erly Right-of-Way line of Sturgis Corner Drive 32.60 feet; Thence Northerly 112.96 feet, along said Easterly Right- of-Way line of Sturgis Corner Drive, and the arc of a 196.12 foot radius curve, concave Southwesterly, whose 111.40 foot chord bears NO2 °25'40" E; Thence N14°O4'20"W, along said Easterly Right-of-Way line of Sturgis Corner Drive, 12.O5 feet; Thence Northwesterly 36.79 feet along said Easterly Right-of-Way line of Sturgis Corner Drive, and the arc of a 65.00 foot radius curve, concave Southwest- erly whose 36.30 foot chord bears N30°17'05"W; Thence N58°58'20"E, along the northerly line of Auditor's Parcel Number 95023, a distance of 45.92 feet; Thence N22°OO'00"W along said line of Auditor's Parcel Num- ber 95023, a distance of 61.69 feet; Thence N68°00'00"E along said line of Auditor's Parcel Number 95023, a distance of 93.18 feet; Thence S23°00'00"E 22.43 feet; Thence S13°00'00"E 268.68 feet; Thence S20°00'00"E, to a point on the North- Ordinance No. 96-3735 Page 3 erly Right-of-Way of Highway No. 6 Bypass, 127.67 feet; Thence N71 °04'20"W along said Right-of-Way of Highway No. 6 Bypass, 226.12 feet to the Point of Beginning, said parcel of land contains 1.07 acres, more or less, and is subject to the easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of thie Ordinance as provided by Law. SECTION III. CERTIFICATION AND RECORD- ING. The City Clerk is hereby authorized and directed to certify and record a copy of this Ordinance, at the Owner's expense, in the Office of the County Recorder of Johnson County, Iowa, upon final passage and publica- tion as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 2nd day of July ,19 96 MAYOR / ATTEST: ~w) CiTY CLERK Ordinance No 96-3735 Page 4 It was moved by Lehman and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thombern/ Vanderhoef Norton that the First Consideration 6/4/96 Vote for passage: AYES: Vanderhoef. NAYS: None. Baker, Kubby, Norton, Novick, Thornberry, ABSENT: Lehman. Second Consideration 6/11/96 Vote for passage: AYES: Vanderhoef, Baker, Kubby, Lehman, Norton, Novick, Thornberry. NAYS: None. ABSENT: None. Date published 7/10/96