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HomeMy WebLinkAbout1998-05-26 (B) Ordinance13May 1998 1921 Morningside Drive Iowa City, IA 52245 Iowa City City Council 410 E. Washington Street Iowa City, IA 52240 Dear Councilors, This purpose of this letter is two-fold: 1) to express my support of the proposed amendments to City Code Section 14-6T-5D to amend the non-conforming lot regulations contained in the City Zoning Chapter and 2) to request expedited consideration of the amendment. I own two adjacent non-conforming lots of record at 1921 and 1923 Morningside Drive. It is my goal to separate these properties into the two lots as originally platted and as they existed before I (separately) purchased them in 1993 and 1994. I am getting married on May 30 of this year and moving to my future husband's home. I have an accepted offer on my home (1921 Morningside Drive) pending the approval of the non-conforming lot zoning amendment and it is my desire to close on the property as soon as possible. Thus my request for collapsing the second and third readings on the amendment. I appreciate your consideration of this request. If you have any questions or need more information, please contact me by phone at 356-0084 (daytime) or 337-5746 (evening). Sincerely, Karen K. Artus Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF 10 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MELROSE AVENUE WEST OF WEST HIGH SCHOOL FROM LOW DENSITY SINGLE FAMILY {RS-5), TO PLANNED DEVELOPMENT HOUSING (OPDH-8), TO PERMIT AN 80 DWELLING UNIT RETIREMENT COMMUNITY. WHEREAS, the applicant, Newbury Development Company, has requested the City rezone 10 acres of land located on the south side of Melrose Avenue and west of West High School from Low Density Single Family (RS-5) to Planned Development Housing (OPDH-8); and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for residential development at a density of two to eight dwelling units per acre; and WHEREAS, the Comprehensive Plan encourages a mix of housing units in neighborhoods; and WHEREAS, the Comprehensive Plan encourages development of housing for elderly citizens; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and OPDH plan and it has recommended approval of the same subject to the provision of agreements and easements for sanitary sewer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. The property described below is hereby reclassified from its present classification of Low Density Single Family (RS-5), to Planned Development Housing (OPDH-8), to permit an 80 dwelling unit retirement community: Ordinance No. Page 2 Commencing at the Northeast Corner of the Northwest Quarter of the Fractional Northeast Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00°10'20"E, along the East Line of said Northwest, Quarter, 50.00 feet, to a Point on the Southerly Right-of-Way Line of Melrose Avenue, and the POINT OF BEGINNING; Thence continuing S00°10'02"E, along said East Line, 762.84 feet; Thence S89°49'58"W, 325.50 feet; Thence S66°52'27"W, 177.18 feet; Thence Northwesterly, 16.00 feet, along a 402.32 foot Radius Curve, concave Southwesterly, whose 16.00 foot chord bears N24° 15'56"W; Thence Northwesterly, 704.22 feet, along a 967.00 foot radius curve, concave Northeasterly, whose 688.76 foot chord bears N04°32'32"W; Thence Northeasterly, 92.73 feet, along a 314.12 foot radius curve, concave Northwesterly, whose 92.39 foot chord bears N07°51 '49"E; Thence N00°35'36"W, 35.13 feet, to a Point on the Southerly Right-of- Way Line of said Melrose Avenue; Thence N89°24'24"E, along said Southerly Right-of-Way Line, 535.09 feet, to the Point of Beginning. Said Tract of land contains 10.00 Acres more or less, and is Subject to easements and restrictions of record. SECTION II. VARIATIONS. To encourage the development of the proposed retirement community and to allow clustered development, the Planning and Zoning Commission recommended approval of a multi- family building in accordance with the OPDH plan. SECTION III. ZONING MAP. Upon final passage, approval and publication of this Ordinance as provided by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa Ordinance No. Page 3 City, Iowa, to conform to this zoning amendment. SECTION IV, REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 unconstitutional. 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 day of ,1998. MAYOR ATTEST: CITY CLERK ppdadmin/ord/retiremt.doc It was moved by and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef that the First Consideration 4/28/98 Vote for passage: AYES: O'Donne]], Thronberr~v, Vander'hoer, Champion, Kubb~v, Lehman, Norton. NAYS: None. ABSENT: None. Second Consideration 5/12/98 Vote for passage: AYES: Kubby, Lehman, Norton, 0'0donne11, Thornberry, Vanderhoef, Champion. NAYS: None. ABSENT: None. Date published