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Home My WebLink About2004-09-28 Ordinance 1/ ') \'\ Prepared by: Robert Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REl04-00020) ORDINANCE NO. 04-4143 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) reyise 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°21'00"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'OO'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°24'00'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°14'00"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°24'00"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, priyate 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. 04-4143 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. Pa and ap roved this ,20~. AY R ATTEST:~ I( ~ CIT ERK Approyed by Cit~ ..,(~ ~ ppdadmlordlrez04-00015.doc Ordinance No. 04-4143 Page -L It was moved by Vanderhoef and seconded by Elliott 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 9/14/04 Vote for passage: AYES: Champi On, Ell i ott, Lehman, 0' DOnne 11, Vanderhoef, Wil burn, Ba il ey . NAYS: None. ABSENT: None. Second Consideration -------------- Vote for passage: Date published 10/6/04 Moyed by Vanderhoef, seconded by Champion, that the rUl~~equiring ordanances to be cOnsidered and yoted On for passage at two Council meetlngs prior to the meeting at which it is to be finally passed be suspended, the second consideration and yote be waiyed and the ordinance be yoted upon for final passage at this time. AYES: Ell iott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Marian Karr CZ From: Dennis Mitchell [dennism@meardonlaw.com] Sent: Monday, September 20,200410:02 AM To: ernie-Iehman@iowa-city.org; steve-atkins@iowa-city.org; karin-franklin@iowa-city.org; Bob Miklo Cc: marian-karr@iowa-city.org; eleanor -dilkes@iowa-city.org Subject: Idyllwild Rezoning Dear Ernie, Steve, Karin, and Bob - I am writing On behalf of Idyllwild Development, II concerning the rezoning to amend the PDH-8 plan for the Idyllwild Subdivision (REZ04-00020). Because of the changes in the City Council's meeting schedule for September, the second and third considerations of this rezoning will not take place until the City Council's meeting on October 5th We would appreciate it if you would consider scheduling a special formal session for the City Council before the informal session On September 28th for vote On the second and third readings of this rezoning (we would ask that the second and third readings be collapsed). Otherwise, we would appreciate it if you would place this matter on the agenda for any other special formal City Council meetings which may take place before October 5th. My clients would like to get as much construction done as possible before the winter months and every week or day helps. I would note that Planning and Zoning unanimously recommended approval and there have been nO objections at either of the public hearings to this rezoning. Thank you for your consideration. Dennis J. Mitchell Meardon, Sueppel & Downer P.L.C. 122 S. Linn St. Iowa City, IA 52240 319-338-9222 den n ism@meardonlaw.com This e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U. S. C. Sections 2510- 2521, is confidential and is legally privileged. This message and its attachments may also be privileged and attorney work product. They are intended for the individual or entity named above. If you are not the intended recipient, please do not read, copy, use or disclose this communication to others; also please notify the sender by replying to this message, and then delete it from your system. Thank you. 9/20/2004