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Home My WebLink About1998-09-09 OrdinancePrepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 ORDINANCE NO. ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 9.27 ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) TO SENSITIVE AREAS OVERLAY/MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (OSA-8) TO ALLOW A 72-UNIT RESIDENTIAL DEVELOPMENT ON PROPERTY LOCATED ON THE SOUTH SIDE OF TAFT SPEEDWAY WEST OF DUBUQUE STREET. WHEREAS, the applicant, Riverview Place Partners, on behalf of property owner James P. Glasgow, has requested that the City rezone approximately 9.27 acres of property located on the south side of Taft Speedway, west of Dubuque Street, from Low Density Single-family Residential (RS-5) to Sensitive Areas Overlay/Medium Density Single-Family Residential, to allow a 72-unit residential development; and WHEREAS, the proposed development is intended to provide affordable senior housing units; and WHEREAS, there is a demonstrated need for this type of housing within the Iowa City community; and WHEREAS, the proposed development plan associated with this application meets the requirements of the Sensitive Areas Ordinance for a sensitive areas development plan; and WHEREAS, the Department of Planning and Community Development, the Department of Public Works, the Planning and Zoning Commission, and the Riverfront and Natural Areas Commission have recommended denial of the proposed rezoning for reasons of public health and safety due to concerns regarding the location of surrounding streets within the 100-year flood plain of the Iowa River and the potential for access to the property being restricted when flooding occurs; and WHEREAS, despite these concerns, the City Ordinance No. Page 2 Council feels that the need for affordable senior housing units outweighs the risks associated with the potential for restricted access during times of high water and flooding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The following property is hereby rezoned from its current classification of Low Density Single-Family Residential (RS-5) to Sensitive Areas Overlay/Medium Density Single-Family Residential (OSA-8), subject to the preliminary sensitive areas development plan associated with this application: The following description tract of irregular shape located in Section 3, Township 79 North, Range 6 West of the 5th P.M., to-wit: Commencing as a point of reference at the center of Section 3, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa; thence West 817.5 feet along the south line of Government Lot 2 in the Northwest quarter of said Section 3 to the point of beginning; thence N88°37'W 555.4 feet to an iron pipe; thence S81°41'W 60.3 feet to an iron pipe; thence S00°26'E 778.7 feet to the Iowa River bank; thence N16°22'E 233.5 feet to an iron pin; thence N58°16'E 326.8 feet to an iron pipe; thence N54°4'E 262.9 feet to the point of beginning on the South side of said Government Lot 2. Commencing as a point of reference at the center of Section 3, Township 79 North, Range 6 West of the 5th Principal Meridian, Iowa City, Johnson County, Iowa; thence West 430.9 feet along the South line of Government Lot 2 in the Northwest Quarter of said Section 3 to a point of intersection with the forme~' Westerly Right-of-Way line of North Dubuque Street (for purposes of this discdption the South line of said Government Lot 2 is assumed to bear true East & West); thence continuing West 386.6 feet along the South line of said Government Lot 2 to the Point of Beginning of tract herein described; thence S54°04'W, 262.9 feet; thence S58°16'W, 326.8 feet; thence S16°22'W, 233.5 feet to the Northerly Bank of the Iowa River; thence N34°19'50"E, 712.57 feet to the point of beginning. Said tract of land contains 2.17 acres more or less. Said tract of land described in accordance with plats recorded in Plat Book 7, Page 65 and Plat Book 2, Page 167 Recorder's Office, Johnson County, Iowa. SECTION II. VARIATION. The following variation from the requirements of the Medium Density Single-Family Residential (RS-8) zone has been approved as part of the preliminary sensitive areas development plan: Ordinance No. Page 3 A. Permitting more than the two dwelling units per building which would be permitted by the RS-8 zone, resulting in two 36-unit, multi- family buildings on the property with associated parking. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 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 unconsti- tutional. SECTION V. 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 C: 0"'r. WILLJ. HAYEK (1896-198:~) JOHN W. HAYEK C. PETER HAYEK DAVID r. BROWN JOSEPH T. HORE:LAND HAYIS;K, HAYrK & BROWN, L.L.P. ATTORNEYS AT LAW BREMER BUILDING 12.0~ EAST WASHINGTON STREET IOWA CITY, IOWA 5;~'40-3976 September 8, 1998 AREA CODE 319 ~ .... TELEPHONE 337-9606 F~ 338-7376 HAND DELIVERED Mayor and City Council c/o Ms. Marian K. Karr City Clerk Civic Center 410 East Washington Street Iowa City, Iowa 52240-1826 Re: Riverview Place Partners Taft Speedway rezoning request Dear Mayor Lehman and Members of the City Council: On behalf of Riverview Place Partners, L.P. I respectfully request that the pending rezoning application be deferred at this time. Very truly yours, JWH:mls cc: Karin Franklin Larry Mazzotta yek