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HomeMy WebLinkAbout2004-08-17 Ordinance MT (~ þ. (1 Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240: 319-356-5243 (REZ04-00012) ORDINANCE NO, 04-4136 AN ORDINANCE REZONING APPROXIMATELY 1.34 ACRES FROM COMMUNITY COMMERCIAL (CC-2) ZONE TO HIGH DENSITY MUL TIFAMIL Y RESIDENTIAL (RM-44) ZONE FOR PROPERTY LOCATED AT 520-522 S. GILBERT STREET. WHEREAS, the applicant, James Clark, has requested that said property be rezoned from CC-2, Community Commercial, to RM-44, High Density Multifamily Residential; and WHEREAS, said property is contiguous with a RM-44, High Density Multifamily Residential zone; and WHEREAS, said rezoning is consistent with the comprehensive plan as amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its present classification of CC-2, Community Commercial, to RM-44, High Density Multifamily Residential. Lyon's First Addition, Block 1, Lots 12,13,14,15 and 16. 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 this ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same at the office of the County Recorder of Johnson County, Iowa, all as provided by law. 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 All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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 Ordinance shall be in effect after its final passage, approval and publication, as provided by law. ~~/2~~:UQust ,2004. A OR ATTEST: ~~ 1(. ~~ CIT LERK Appro~ /l ~ 7~ ~ ~,.- ity Attorney's Office Ordinance No. 04-4136 Page ~ It was moved by Vanderhoef and seconded by 0' Donne 11 that the Ordinance as read be adopted. and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn First Consideration 8/3/04 Vote for passage: AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Champion. NAYS: Wilburn, Bailey. ABSENT: None. Second Consideration ---------------- Vote for passage: Date published 8/25/04 Moved by O'Donnell, seconded by Vanderhoef, that the rule requiring ordinances to 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 arid the ordinance be voted upon for final passage at this time. AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: Champion. Mr (", ç:''-'-- .:' Prepared by: John Yapp, Assoc, Planner, 410 E. Washington Street, Iowa City, IA 52240: 319-356-5247 (REZ04-00006) ORDINANCE NO. 04-4137 AN ORDINANCE REZONING APPROXIMATELY 2.2 ACRES FROM PLANNED DEVELOPMENT HOUSING - HIGH-DENSITY SINGLE-FAMILY RESIDENTIAL, OPDH-12, TO PLANNED DEVELOPMENT HOUSING - MEDIUM-DENSITY SINGLE-FAMILY RESIDENTIAL, OPDH-8, FOR LOT 77 OF WALDEN WOOD PART 6, LOCATED AT THE NORTHERN TERMINUS OF JENSEN STREET. WHEREAS, Southgate Development has applied for a rezoning from Planned Development Housing - High-Density Residential, OPDH-12, to Planned Development Housing - Medium-Density Residential, OPDH-8, for property located at the northern terminus of Jensen Street, also known as Lot 77 of Walden Wood, Part 6; and WHEREAS, the Southwest District Plan states this property is appropriate for single-family residential development, and the Southwest District Plan land use map identifies this property as appropriate for single- family or duplex residential development; and WHEREAS, the applicant is requesting approval of a Preliminary OPDH plan for Lot 77 of Walden Wood, Part 6 to allow for 10 zero-lot line dwellings on 10 separate lots, accessed from an extension of Jensen Street, a public street; and WHEREAS, zero-lot line dwellings are considered to be single-family homes, as each home is on its own lot; and WHEREAS, the materials submitted with the preliminary OPDH plan indicate three variations of exterior design will be used for the dwellings to be constructed on the property; and WHEREAS, the OPDH plan and preliminary plat include the construction of a trail and dedication of a trail and easement to the City; and WHEREAS, the OPDH plan is in compliance with the Iowa City Zoning Ordinance, the proposed development is in compliance with the Southwest District Plan, and the Planning and Zoning Commission has reviewed the OPDH plan and preliminary plat for Lot 77 of Walden Wood, Part 6, and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: . SECTION I APPROVAl. The property described below is hereby reclassified from Planned Development Housing - High-Density Residential, OPDH-12, to Planned Development Housing - Medium-Density Residential, OPDH-8, and the associated preliminary OPDH-8 plan submitted for Lot 77 of Walden Wood, Part 6 is hereby approved: Lot 77 of Walden Wood, Part 6, as recorded in Book 39, at Page 32, of the Johnson County Recorder's Office, Johnson County, Iowa. SFCTION II VARIATIONS. Section 14-6J-2-D-7 of the City Code provides that combinations of land uses are permitted and variations 'in building setback and lot area requirements may be approved for planned developments, and Section 14-6J-2-B of the City Code provides for flexibility in architectural design, placement and clustering of buildings, use of open space, traffic circulation and parking, and related site and design considerations. The following waivers are approved as part of the Preliminary OPDH Plan: a. Waiver of Section 14-6D-3E(1) to allow individual lots less than 5,000 square feet in size. b. Waiver of Section 14-6D-3E(2) to allow individual lots less than 45 feet in lot width. SECTION III 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 this Ordinance by law. SFCTION IV CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the OPDH plan for this property, and record the same in the office of the County Recorder, Johnson County, Iowa, at the owner's expense, upon the final passage, approval, and publication of this ordinance as provided by law. SECTION V REPEAl ER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SFCTION VI 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 VII FFFFCTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. 04-4137 Pagd 2 Passed and approved this ...lItbday of August ,20~. &/~ ;:fL. AYOR ATTEST: 7J~-.J 1(, ~ CITY CL Approved by -IfflIt~~ ~(~(ðt.r- itý A om y's Office ppdadnv'ordf¡ensen 2,doc . Ordinance No. 04-4137 Page ~ It was moved by Vanderhoef and seconded by 0' Donne 11 that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn First Consideration 8/3/04 Vote for passage: AYES: Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott. NAYS: None. ABSENT: None. Second Consideration ------------------ Vote for passage: Date published 8/25/04 Moved by Vanderhoef, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Lehman, O'Donnell, Vanderhoef, Wilburn,Bailey, Ell iott. NAYS: None. ABSENT: Champion. MiCe, cß ~.) Prepared by: John Yapp, Assoc. Planner, 410 E, Washington Street, Iowa City, IA 52240; 319-356-5247 (VAC04-00002) ORDINANCE NO. 04-4138 AN ORDINANCE VACATING THE NORTHERN CUL-DE-SAC RIGHT-OF-WAY OF JENSEN STREET. WHEREAS, Southgate Development Company has applied for an OPDH Plan and Preliminary Plat of property known as Lot 77 of Walden Wood, Part 6; and WHEREAS, there is currently a platted cul-de-sac right-of-way at the southern end of Lot 77, Walden Wood, Part 6 that is proposed to be re-platted as a new extension of Jensen Street; and WHEREAS, the Planning and Zoning Commission has reviewed the vacation request and has recommended approval subject to the preliminary plat of a resubdivision of Lot 77, Walden Wood, Part 6 being approved; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAl. The City of Iowa City hereby vacates the right-of-way legally described as follows: Commencing at the Southwest comer of Lot 77, of Walden Wood Part 6, in accordance with the plat thereof recorded in Plat Book 32, at Page 39, of the records of the Johnson County Recorder's Office; Thence 85°, 18'57"E, along the south line of said Lot 77, a distance of 312.43 feet, to the Point of Beginning of the existing street right-of-way to be vacated; Thence northeasterly, 261.80 feet, along a 50.00 foot radius curve, concave southeasterly, whose 50.00' chord bears north 85°,18'57"E; Thence S04~41'03"E, 4.86 feet, to a point on the south line of said Lot 77; Thence N89°08'01"W, along said south line, 50.24 feet, to the Point of Beginning. Said right-of-way to be vacated contains 7,748 square feet, more or less, and is subject to easements and restrictions of record. SFCTION II REPFAI FR. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SFCTION III SEVFRARII ITY. 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 FFFECTIVF DATF. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. P se and approved this 17th of August , 20~. AYOR ATTEST: ~~ 1(. ~ CITY CL K ApPro~ /lie ft?/~( I?L/ 'City Attorney s Office ppdadm'ordfjeflsen vacate.doc Ordinance No. 04-4138 Page ~ It was moved by Wilburn and seconded by Vanderhoef that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell x Vanderhoef X Wilburn First Consideration 8/3/04 Vote for passage: AYES:O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None. ABSENT: None. Second Consideration ----------------- Vote for passage: Date published 8/25/04 Moved by Wilburn, 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 ordinance be voted upon for final passage at this time. AYES: Vanderhoef, Wilburn, Bailey, Elliott, Lehman, O'Donnell. NAYS: None. ABSENT: Champion. ~G ~ "¡ , I I Prepared by: Robert Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REl04-00015) ORDINANCE NO, 04-4139 AN ORDINANCE 04-4139 AMENDING THE ZONING ORDINANCE BY AMENDING THE PLANNED DEVELOPMENT HOUSING OVERLAY MEDIUM DENSITY MULTI-FAMILY (OPDH-20) PRELIMINARY OPDH PLAN FOR OAKNOLL, LOCATED NORTH OF BENTON STREET AND EAST OF GEORGE STREET. (REZ04-00015) WHEREAS, the City approved a Planned Development Housing Overlay-Medium Density Multi-Family rezoning for Oaknoll on August 20, 2002 (Ordinance No. 02-4029); and WHEREAS, the rezoning included a specific preliminary OPDH Plan illustrating proposed improvements to the property; and WHEREAS, Christian Retirement Services, owner of Oaknoll Retirement Residence, has requested modifications of the previously approved preliminary OPDH plan; and WHEREAS, the Planning and Zoning Commission has reviewed the amended preliminary OPDH plan and finds the design to be in accordance with the applicable City ordinances and compatible with the surrounding neighborhood, and has recommended approval of said plan; and WHEREAS, the final OPDH plan shall include lighting, landscaping and tree protection plan for the development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The amended preliminary Housing Overlay Development Plan is hereby approved for the property described below: WEST BENTON COURT All of West Benton Court as shown on the plat of Streb's First Addition to Iowa City, Iowa, plat recorded in Plat Book 4,. Page 401 at the Johnson County Recorder's being more particularly described as follows: Beginning at the Southeast corner of Lot 15 of said Streb's First Addition; thence North 1°20' West 311.6 feet along the Westerly right-of-way line of said West Benton Court to a point of intersection with the South line of Lot 4 of Part Four of Terrace Hill Addition to Iowa City, Iowa, said point also being the Northeast corner of Lot 11 of said Streb's First Addition; thence South 89°52' East 50.0 feet along the South line of said Lot 4 to the Northwest corner of Lot 18 of said Streb's First Addition; thence South 1°20' East 311.5 feet along the Easterly right-of-way line to a point of intersection with the Northerly right-of-way line of West Benton Street, said point being the Southwest corner of Lot 16 of said Streb's First Addition; thence North 90°00' East 50.0 feet along said Northerly right-of-way line to the point of beginning and containing 15,577 square feet more or less. LOT 6 THROUGH LOT 15 All of Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 as shown on the plat of Streb's First Addition to Iowa City, Iowa, plat recorded in Plat Book 4, Page 401 at the Johnson County Recorder's Office, containing 2.12 acres more or less. SECTION II. VARIATIONS. The amended preliminary Housing Development Plan includes an increase in height from the normally permitted 35 feet to 48 feet for portions of the building as illustrated on the plan and elevation drawings, as allowed by City ordinance, SECTION III. ZONING MAP. 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 the final passage, approval and publication of this ordinance as provided by law. Ordinance No. 04-4139 04-4139 Page 2 SECTION IV. CERTIFICATION AND RECORDING, The City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the Preliminary OPDH Plan for this property and to record the same at the office of the County Recorder of Johnson County, Iowa, at the applicant's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Pas and approved this 17th day of Auqust ,20 04. AY ATTEST:~~_~J!- ~ CITY LERK 7~frlu'-t ppdadmlordlrez04-00015,doc Ordinance No. 04-4139 04-4139 Page .l.- It was moved by 0' Donne 11 and seconded by Wil burn that the Ordinance as read be adopted. and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn First Consideration 8/3/04 Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell. NAYS: None. ABSENT:· None. Second Consideration ----------------- Vote for passage: Date published 8/25/04 Moved by Wilburn, seconded by O'Donnell, 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 ordinance be voted upon for final passage at this time. AYES: Bailey, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: Champion. M-rr. l± ); , ,.J Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ04-00013) ORDINANCE NO. 04-4140 04-4140 AN ORDINANCE REZONING APPROXIMA TEL Y 75.25 ACRES FROM INTERIM DEVELOPMENT SINGLE-FAMILY (ID-RS) ZONE TO SENSITIVE AREAS OVERLAY/LOW DENSITY SINGLE-FAMILY RESIDENTIAL (SAO/RS-5) ZONE FOR PROPERTY LOCATED NORTH OF FOSTER ROAD. (REZ04-00013). WHEREAS, the applicant, Regency Land Company, LLC, has requested a rezoning and approval of a Preliminary Sensitive Areas Development Plan to allow development of a mix of single-family and multi-family dwellings on property located north of Foster Road; and WHEREAS, the Planning and Zoning Commission has found that the proposed Sensitive Areas Development Plan provides many design features encouraged by the Comprehensive Plan including preservation of wetlands, environmentally sensitive features, a landscape buffer adjacent to Interstate 80, a variety of housing styles, and a pedestrian trail network; and WHEREAS, the Planning and Zoning Commission has found that the plan uses rear lanes and housing design techniques to minimize curb cuts and the visual dominance of garages and front yard paving as recommended by the Comprehensive Plan for medium and higher density developments; and WHEREAS, the Planning and Zoning Commission has found the Sensitive Areas Overlay Plan to be in conformance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed Sensitive Areas Development Plan, including variations from the underlying RS-5 zoning to allow a mix of single-family, duplex, and multi-family buildings; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its current zoning classification of Interim Development Single-Family (ID-RS) to Sensitive Areas Overlay/Low Density Single-Family Residential (SAO/RS-5) zone and the associated Preliminary Sensitive Areas Development Plan is here by approved: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 IN SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., THENCE SOUTH 20,37 CHAINS (BEARING OF SAID LINE NORTH 8°15' WEST) TO THE SOUTHEAST CORNER OF SAID LOT WHICH IS ALSO THE NORTHWEST CORNER OF LOT 6 IN SAID SECTION 4, THENCE EAST ALONG THE NORTH LINE OF SAID LOT 6,10.73 CHAINS, THENCE SOUTH 12.84 CHAINS TO THE CENTER OF THE PUBLIC HIGHWAY (BEARING OF SAID LINE NORTH 4°45' WEST), THENCE WEST ALONG THE CENTER OF PUBLIC HIGHWAY 9.98 CHAINS TO THE EAST LINE OF LOT 2 IN SAID SECTION 4 (BEARING OF SAID LINE NORTH 82°45' EAST), THENCE IN A NORTHWESTERLY DIRECTION 0.78 CHAIN TO A POINT IN A LINE RUNNING EAST AND WEST THROUGH SAID LOT 2, THENCE WEST 20.90 CHAINS TO THE EAST BANK OF IOWA RIVER (BEARING OF SAID LINE NORTH 82°45' EAST), THENCE NORTH 2°30' EAST 9 CHAINS, THENCE NORTH 25°15' WEST 26.04 CHAINS TO THE NORTHWEST CORNER OF LOT 1 IN SAID SECTION 4, THENCE NORTH 82°32' EAST 27.30 CHAINS TO THE PLACE OF BEGINNING, EXCEPT THE FOLLOWING DESCRIBED TRACT: BEGINNING AT A POINT 10,73 CHAINS EAST OF THE NORTHWEST CORNER OF GOVERNMENT LOT 6 IN SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., THENCE SOUTH 12.84 CHAINS TO THE CENTER OF PUBLIC HIGHWAY (BEARING OF SAID LINE NORTH 4°45' WEST), THENCE WEST ALONG THE CENTER OF PUBLIC HIGHWAY 33 FEET, THENCE NORTH PARALLEL WITH THE NORTH AND SOUTH LINE LAST ABOVE DESCRIBED TO THE NORTH LINE OF SAID GOVERNMENT LOT 6, THENCE EAST 33 FEET TO THE POINT OF BEGINNING, ALSO EXCEPT THAT PART HERETOFORE CONVEYED TO THE STATE OF IOWA FOR INTERSTATE 80 AND ALSO SUBJECT TO EASEMENTS OF RECORD, AND EXCEPT FOR THE FOLLOWING: BEGINNING AT A POINT 10,73 CHAINS EAST OF THE NORTHWEST CORNER OF GOVERNMENT LOT SIX (6) IN SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., THENCE SOUTH 12.84 CHAINS TO THE CENTER OF THE PUBLIC HIGHWAY, THENCE WEST ALONG THE CENTER OF THE HIGHWAY 33 FEET TO THE POINT OF BEGINNING, THENCE NORTH PARALLEL WITH THE EAST LINE OF GOVERNMENT LOT SIX (6), 223 FEET, THENCE WEST 110 FEET, THENCE SOUTH 223 FEET, MORE OF LESS, TO THE CENTER OF THE PUBLIC HIGHWAY, THENCE EAST ALONG THE CENTER OF THE HIGHWAY 110 FEET TO THE POINT OF BEGINNING. NOTE: ABOVE DESCRIBED EXCEPTION HAS BEEN QUIT CLAIMED TO WASHINTON PARK PARTNERS, RECORDED IN BOOK 2985, PAGE 259, RECORDS OF JOHNSON COUNTY, IOWA, AND IS PART OF THE LAND SURVEYED HEREON, EXCEPTING THEREFROM A PARCEL ACQUIRED FOR FOSTER ROAD RIGHT-OF-WAY, Ordinance No. 04-4140 Page 2 AS RECORDED IN BOOK 2867, PAGE 133, RECORDS OF JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: THAT PART OF GOVERNMENT LOT 6 IN SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE N 1/4 CORNER OF SAID SECTION 4; THENCE S 03° 01' 37" E ALONG THE EAST LINE OF GOVERNMENT LOT 1 OF SAID SECTION 4 A DISTANCE OF 1350.07 FEET (1344.4 FEET RECORD) TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 6; THENCE N 88° 42' 34" E ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 6 A DISTANCE OF 707.33 FEET (708.2 FEET RECORD); THENCE S 00° 00' 01" E 849.40 FEET (847,4 FEET RECORD) TO A POINT ON THE CENTER LINE OF FOSTER ROAD; THENCE S 87° 59' 23" W ALONG SAID CENTER LINE 33.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 87° 59' 23"W 110.00 FEET; THENCE N 00° 00' 01" W 35.02 FEET; THENCE N 87" 59' 23" E 110.00 FEET; THENCE S 00° 00' 01" E 35.02 FEET TO THE POINT OF BEGINNING, CONTAINING 3850 SQUARE FEET INCLUDING 3647 SQUARE FEET IN EXISTING ROAD. AND ALSO EXCEPTING THEREFROM A PARCEL ACQUIRED FOR FOSTER ROAD RIGHT-OF-WAY, AS RECORDED IN BOOK 2867, PAGE 129, RECORDS OF JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: THOSE PARTS OF GOVERNMENT LOTS 2 AND 6 IN SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE N1I4 CORNER OF SAID SECTION 4; THENCE S 03° 01' 37" E ALONG THE EAST LINE OF GOVERNMENT LOT 1 OF SAID SECTION 4 A DISTANCE OF 1350.07 FEET (1344.4 FEET RECORD) TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 6; THENCE N 88° 42' 34" E ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 6 A DISTANCE OF 707.33 FEET (708.2 FEET RECORD); THENCE S 00° 00' 01" E 849.40 FEET (847.4 FEET RECORD) TO A POINT ON THE CENTER LINE OF FOSTER ROAD; THENCE S 87" 59' 23" W ALONG SAID CENTER LINE 143,02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 87° 59' 23" W 517.75 FEET; THENCE N 70° 22' 54" W 51.70 FEET (51.5 FEET RECORD); THENCE S 87° 59' 23" W 586,96 FEET TO A POINT ON A NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 385,00 FEET, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 111.19 FEET THROUGH A CENTRAL ANGLE OF 16° 32' 48" AND HAVING A CHORD BEARING N 79° 42' 58" E 110,80 FEET; THENCE N 87° 59' 23" E 1044.34 FEET; THENCE S 00° 00' 01" E 35.02 FEET TO THE POINT OF BEGINNING, CONTAINING 28,147 SQUARE FEET INCLUDING 11,215 SQUARE FEET IN EXISTING ROAD. SECTION II. VARIATIONS. Section 14-6K-1 of the City Code provides that variations in zoning and subdivision requirements may be approved for Sensitive Areas Development Plans to permit the clustering of density. The following variations from the RS-5 zoning requirements and subdivision regulations are hereby approved as part of the Preliminary Sensitive Areas Development Plan: a. The RS-5 minimum lot width and lot area requirements are reduced for certain lots as shown on the Preliminary Sensitive Areas Development Plan, subject to compliance with Section 14-6K-1- N3k at the time of administrative approval of the Final Sensitive Areas Development Plan; and b. The inclusion of multi-family and duplex buildings on Lots 1-22 are permitted as shown on the Preliminary Sensitive Areas Development Plan; and c, The minimum street width of Tranquil Bluff Trail and Arch Rock Road is reduced from 28 feet to 26 feet. SECTION III. ZONING MAP. 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 the final passage, approval and publication of this ordinance as provided by law. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the Preliminary OPDH Plan for this property, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and R ic tion, as provided by law, as í:I and approved thi 7t day of AUQust , 20-ºL. ATTEST:~M''':''AA'..J~. ~0 CITY LERK ~~ 7/~éJLf- i y 0 ne Office ppdadmlordlfoster rezone.doc Ordinance No. 04-4140 04-4140 Page ~ It was moved by Wilburn and seconded by Ba il ey that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn First Consideration 8/3/04 Vote for passage: A YES: Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration ---------------------- Vote for passage: Date published 8/25/04 Moved by Bailey, 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 ordinance be voted upon for final passage at this time. AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: Champion. MtG ~ ç~- \ Prepared by: Tokey Boswell, PCD, 410 E, Washington Street, Iowa City, IA 52240; 319-356-5230 (REl04-00016) ORDINANCE NO. 04-4141 AN ORDINANCE REZONING APPROXIMATELY 1.2 ACRES FROM COMMERCIAL OFFICE (CO-1) ZONE, TO COMMUNITY COMMERCIAL (CC-2) ZONE, SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED AT 1901 BROADWAY STREET. WHEREAS, the property at 1901 Broadway Street, owned by the Abraham Enterprises LLC, is currently zoned CO-1, Commercial Office; and WHEREAS, Abraham Enterprises LLC has requested the rezoning of this parcel of property from its current zoning designation to CC-2, Community Commercial; and WHEREAS, the proposed rezoning will allow a wider range of commercial and retail uses to be mixed with residential space; and WHEREAS, Iowa Code 414,5 (2003) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City wishes to ensure that mixed-use developments clearly delineate parking for residents; and WHEREAS, the proposed rezoning is compatible with the Comprehensive Plan for the area, provided that certain conditions related to the delineation of parking for residents contained in the Conditional Zoning Agreement are adhered to; and WHEREAS, the applicant acknowledges that said conditions and restrictions are reasonable to ensure appropriate mixed-use development; and WHEREAS, the applicants have agreed to develop this property in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate mixed-use development in this area of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the parcel described below is hereby reclassified from its current zoning designation of CO-1, Commercial Office, to CC-2, Community Commercial: Beginning at the southwest corner of Lot 3, part of Block 1, Braverman Center, to Iowa City, Iowa in accordance with the plat recorded in Book 12, at Page 39, of the records of the Johnson County Recorder's Office; thence N22°04'00"E, 229.50 feet; thence S67°56'00"E, 225.00 feet; thence S22°04'00'W, 117.50 feet; thence southwesterly 112.85 feet, along an arc of a 533.27 foot radius curve, concave southeasterly, whose 112.64 foot chord bears S16°00'15"W; thence N67°56'00"W, 236.89 feet, to the Point of Beginning. Said tract of land contains 1.20 acres, and is subject to easements and restrictions of record, SECTION II. ZONING MAP. 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 the final passage, approval and publication of this ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owners and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same at the office of the County Recorder of Johnson County, Iowa, at the applicant's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Resolution No. 04-4141 Page 2 SECTION VI. 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. d approved this 17th Auqust ,2004, ATTEST~ 'A~ 1!. ~ CI LERK Approved by 7/~~,,'t- Ci ppdadm/ordIREZ04'{)OO16,doc Ordinance No. 04-4141 Page ~ It was moved by Elliott and seconded by Vanderhoef that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn First Consideration R/1/04 Vote for passage: AYES: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wil burn. NAYS: None. ABSENT: None. Second Consideration ----------------- Vote for passage: Date published 8/25/04 Moved by Elliott, 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 ordinance be voted upon for final passage at this time. AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Elliott, Lehman. NAYS: None. ABSENT: Champion. Prepared by: Tokey Boswell, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5230 (REZ04-00016) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City"), and Abraham Enterprises LLC, an Iowa General Partnership (hereinafter "Owner"). WHEREAS, Owner, as legal title holder, has requested the City rezone approximately 1.20 acres of land located at 1901 Broadway Street from CO-1, Commercial Office to CC-2, Community Commercial; and WHEREAS, the proposed rezoning will allow a wide range of commercial and retail uses to be mixed with residential uses; and WHEREAS, Iowa Code 414.5(2003) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City wishes to ensure that mixed-use developments clearly delineate parking for residents; and WHEREAS, the proposed rezoning is compatible with the Comprehensive Plan for the area provided that certain conditions contained in the Conditional Zoning Agreement are adhered to; and WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to ensure appropriate mixed-use development; and WHEREAS, Owner has agreed to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement to ensure appropriate mixed-use development in this area of the City. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: 1. Abraham Enterprises LLC is the owner and legal title holder of property located at 1901 Broadway Street, which property is more particularly described as follows: Beginning at the southwest corner of Lot 3, part of Block 1, Braverman Center, to Iowa City, Iowa in accordance with the plat recorded in Book 12, at Page 39, of the records of the Johnson County Recorder's Office; thence N22°04'00"E, 229.50 feet; thence S67°56'00"E, 225.00 feet; thence S22°04'00"W, 117.50 feet; thence southwesterly 112.85 feet, along an arc of a 533.27 foot radius curve, concave southeasterly, whose 112.64 foot chord bears S16°00'15"W; thence N67°56'OO"W, 236.89 feet, to the Point of Beginning. Said tract of land contains 1.20 acres, and is subject to easements and restrictions of record. Owner acknowledges that the City wishes to ensure that mixed-use developments in this area of the City clearly delineate residential and commercial parking areas. Therefore, Owner agrees to certain conditions over and above City regulations in order to ensure that rezoning of the subject property provides for the delineation of residential and commercial parking areas. 2. In consideration of the City's rezoning the subject property from CO-1 to CC-2, Owner agrees that development and use of the subject property will conform to all requirements of the RS-8 zone as well as the following additional conditions: a. Development of the property shall include dedication of no less than eight (8) parking spaces to be used solely as residential parking for residential tenants of the property. b. Said parking spaces shall be marked in a manner that clearly delineates them as for use by residential tenants only. 3. Owner acknowledges that the conditions contained herein area reasonable conditions to impose on the land under Iowa Code 414.5 (2003), and that said conditions satisfy public needs which are directly caused by the requested zoning change. 4. Owner acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 5. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. 6. Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all applicable local, state, and federal regulations. 7. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. Dated this 17th day of August ,2004. CI~a By - rnest Lehman, Mayor Attest ~A'~~J-k - c¡¿~ Ma' . Karr, City Clerk Approved by: #~.. ~ //~'7~?- éity Attorn's Office ppdadmJagt/CZA-REZ04-00016,doc CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 17 +~ day of AUJòlJ...<::>r ,AD. 20~, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. t SONDRAE FORT s.ln1r:bv. . ~-b o Commission Number 159791 Notary Public in and for the State of Iowa . . My Commission Expires lOW - -0 My commission expires: ABRAHAM ENTERPRISES, L.L.C. ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ day of ~ ¡...u;+ , AD. 20~, before me, the undersigned, a Notary Public in and for the State 0 owa, personally appeared Cynthia Abraham, to me personally known, who beiÀ by me duly sworn, did say that the person is (1~n+hi OL- br~ (title) of Abraham Enterprises, L.L.C., and that said ins rument was signed on behalf of the said limited liability company by authority of ItS managers and the said Cynthia Abraham acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. ,. ~~¡~l KELLlE K. TumE ~~ l,'e..- K ~*(~ ~ .i'~ Commission NU,mber 2?1819 Notary Public in and for the State of Iowa . . My Co ml Ion Expires My commission expires: LI/5/0S lOW ppdadm/agUCZA-REZ04-00016,doc M,c-. ' '0 = \ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 04-4142 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 8, ENTITLED "BICYCLES," SECTION 6, ENTITLED "PARKING VIOLATIONS," SUBSECTION B, ENTITLED "OWNER PRIMA FACIE RESPONSIBLE FOR PARKING VIOLATIONS" TO ALLOW THE CITY TO DONATE ABANDONED BICYCLES TO NONPROFIT ORGANIZATIONS. WHEREAS, currently the City must sell impounded bicycles at a public auction; and WHEREAS, the City desires to have the additional option of donating impounded bicycles to nonprofit organizations that serve low income and disadvantaged youth and families; and WHEREAS, it is in the best interest of the City to have the option to donate said impounded bicycles. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 6, entitled "Parking Violations," Subsection B, entitled "Owner Prima Facie Responsible for Parking Violations," Paragraph 2 is hereby repealed in its entirety and a new Paragraph 2 is added which reads as follows: In the event the city is unable to ascertain the owner, or the owner does not claim the bicycle within three (3) calendar months from the date of impoundment, the city shall, except as noted below, cause such bicycle to be sold at a public auction. Notice of such disposition shall be published pursuant to state law governing abandoned vehicles. In lieu of selling said bicycle at public auction, the city may donate it to a non-profit organization or entity which serves low income/disadvantaged youth or families in Johnson County, Iowa, for use by members of the population served, SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed, SECTION III. PENALTIES FOR VIOLATION, The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. 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 Ordinance shall be in effect after its final passage, approval and publication, as provided by law. August ,2004. APpr~~ ~~) ~<>i't ATTEST: ~~ ~ ~.J City Attorney's Office CIT LERK suelord&res/BikeDonateOrd ,doc Ordinance No. 04-4142 Page -L It was moved by 0' Donne 11 and seconded by Ba il ev that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn First Consideration 8/3/04 Vote for passage: AYES: Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott. NAYS: None. ABSENT: None. Second Consideration --------------- Vote for passage: Date published 8/25/04 Moved by O'donnell, seconded by Bðiley, 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 ordinance be voted upon for final passage at this time. AYES: Wilburn, Bailey, Elliott, Lehman, O'Donnell, Vanderhoef. NAYS: None. ABSENT: Champion.