The URL can be used to link to this page

Home My WebLink About2004-09-14 Ordinance UJ Prepared by: Robert Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ04-00020) ORDINANCE NO, AN ORDINANCE REZONING 20.8 ACRES BY AMENDING A PLANNED DEVELOPMENT HOUSING OVERLAY (PDH-8) PLAN FOR IDYLLWILD CONDOMINIUMS, A 104 DWELLING UNIT DEVELOPMENT, LOCATED BETWEEN FOSTER ROAD AND TAFT SPEEDWAY. (REZ04-00020) WHEREAS, the City approved a Planned Development Housing Overlay-Medium Density Single- Family rezoning for Idyllwild on February 11, 1992 (Ordinance No. 92-3518); and WHEREAS, the rezoning included a specific preliminary OPDH Plan illustrating proposed improvements to the property; and WHEREAS, Idyllwild Development, owner of Idyllwild, has requested modifications of the previously approved preliminary OPDH plan; and WHEREAS, the amended plan will 1) approve building footprints, which differ from those approved as part of the original OPDH plan, 2) relocate the trail shown behind buildings 12, 13, 14, and 6 on the original OPDH plan, 3) revise the landscaping plan to illustrate what has been already planted and to provide a plan for future landscaping to be completed with the new buildings, 4) remove the off-street parking spaces from Pentire Circle and 5) document new and modified easement locations; 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 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: LEGAL DESCRIPTION Commencing at the Southeast Corner of the Northeast Quarter of Section 4, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N09°21'OO"E, (A Recorded Bearing) 85.40 feet to an Iron Pin found on the Southerly Right-of-way Line of Taft Speedway in Iowa City, Iowa; Thence N09°06'00"W, 60.00 feet to an Iron Pin found on the Northerly Right-of-way Line of said Taft Speedway, said point also being the Point of Beginning; Thence S83°30'OO"W, 690.90 feet along said Right-of-way Line, to an Iron Pin found at the point of intersection of said line with the Easterly Right-of-way Line of an un-named street, also known as Calibria Court; Thence N01°24'OO'W, 666.50 feet along the Easterly Right-of-way Line of said street, to an Iron Pin found at the point of intersection of said line with the Southerly Right-of-way Line of Foster Road; Thence N65°34'OO"E, 506.00 feet along the Southerly Right-of-way Line of said Foster Road to an Iron Pin found; Thence N81°14'OO"E, 225,70 feet along the Southerly Right-of-way Line of said Foster Road to an Iron Pin found; Thence S82°10'51"E, 175.40 feet along the Southerly Right-of-way Line of said Foster Road to an Iron Right-of-way rail found; Thence S80029'45''E, 325,96 feet along the Southerly Right-of-way Line of said Foster Road to an Iron Pin found; Thence S01°24'OO"E, 682.24 feet to an Iron Pin found on the Northerly Right-of-way Line of Taft Speedway; Thence S81°41'OO'W, 498.17 feet along the Northerly Right-of-way Line of Taft Speedway to the Point of Beginning, Said Tract of land contains 20,80 acres, more or less and is subject to easements and restrictions of record. SECTION II. VARIATIONS. The amended preliminary Housing Development Plan includes 26 fourplex buildings on one lot, private streets which do not contain sidewalks and which are 22 feet wide rather than 28 feet wide, 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. 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. Passed and approved this _ day of ,20_. MAYOR ATTEST: CITY CLERK Approved by Cit~ .., (cod cPLf ppdadmlordlrez04-00015.doc Ordinance No. Page _ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 9/14/04 Vote for passage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published .qJ I ( Prepared by Karin Franklin, PCD, 410 E. Washington SI., Iowa City, IA 52240, (319)356-5232 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE, TITLE 10, "PUBLIC WAYS", CHAPTER 3, "COMMERCIAL USE OF SIDEWALKS", SECTION 3B-1, TO PERMIT THE UNOBSTRUCTED 8 FOOT PEDESTRIAN WAY REQUIRED FOR SIDEWALK CAFES TO BE IN ZONE 3 OF CITY PLAZA. WHEREAS, sidewalk cafes are a use of public sidewalks and require a permit according to the provisions of Section 10-3-3 of the Iowa City Municipal Code; and WHEREAS, said provisions provide for the retention of an 8 foot unobstructed pedestrian way where ever a sidewalk café is permitted; and WHEREAS, when sidewalk cafes are located in City Plaza said pedestrian way is currently permitted only in Zones 1 and 2; and WHEREAS, Zone 3 is an unobstructed open area retained for emergency access and used on a daily basis as the primary pedestrian way in City Plaza; and WHEREAS, Zone 2 is the area in which trees, benches, planters, and lights are placed, resulting in this area being obstructed for pedestrian flow; and WHEREAS, the current restriction on the placement of the unobstructed pedestrian way to Zones 1 and 2 precludes unnecessarily the placement of sidewalk cafes on City Plaza; and WHEREAS, sidewalk cafes add to the vibrancy of downtown; and WHEREAS, the allowance of the unobstructed 8 foot pedestrian way in Zone 3 will not impede the delivery of emergency services; and WHEREAS, Zone 3 is currently used as the primary pedestrian way in City Plaza, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT: SECTION 1. AMENDMENT. Title 10, entitled "Public Ways", Chapter 3, "Commercial Use of Sidewalks";Section 10-3-3B-1 is hereby deleted and the following inserted in lieu thereof: 1. A sidewalk café area may not extend onto the sidewalk in a manner that will not allow a minimum of eight feet (8') of unobstructed sidewalk adjacent to the street for pedestrian use, nor extend into zone 1 and zone 2 of the City Plaza in a manner that will not allow a minimum of eight feet (8') of unobstructed way for pedestrian use in zones 1, 2, or 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 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, approv- al and publication, as provided by law, Passed and approved this _ day of ,20 . MAYOR ATTEST: CITY CLERK Approved by L!/~4¡ r'J~"cl City Attorney's Office ppddir/ord/cityplaza amdt 8-04.doc Ordinance No. Page _ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 8/31/04 Vote for passage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Ba il ey. NAYS: None. ABSENT: None. Second Consideration 9/14/04 Vote for passage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Date published