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HomeMy WebLinkAbout1998-09-22 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 concems 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 10wa 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 former Westerly Right-of-Way line of North Dubuque Street (for purposes of this discription 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 ppdadnVon:l/rNerord.doc &B-gB 02:50P Arbor D~v~lopm~n~ Farnam Group, Inc. 1412)23412655 1650 Fartram Stree~ Suite 920 Omaha, HE 68102 Telephone (402) 341-0888 Fax (402) $41-265~ P MEMORANDUM TO: FROM: DATE: RE: September 18, 1998 Rezoning - City Council Having spoken with John Hayek today, on the matter of Mot~tay's Council meeting and our rez~}ning request, he Felt it best that we ask the Council to defer, once again, this item. Parenthetically, Karin, we arc just about to close on the site agreement. It appears right now that this will occur by Tuesday (22nd) and while I am virtually certain of this happening, I would llke to go ahead and exercise caution by not foreclosing altogether the Glasgow 'alternative. I b-~}pe all is well with you and that you have a pleasant weekend. Prepared by: Doug Ripley, Traffic Eng. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5254 ORDINANCE NO. 98-3850 AN ORDINANCE AMENDING TITLE 9 OF THE CITY CODE OF IOWA CITY ENTITLED "MOTOR VEHICLES AND TRAFFIC," BY AMENDING CHAPTER 4, ADDING SECTION 14 THEREIN TO PROVIDE FOR ADDITIONAL ENFORCEMENT ABILITIES FOR PARKING VIOLATIONS. WHEREAS, under current enforcement procedures only one ticket is issued daily to vehicles parked in violation of the parking regulations set out in Title 9, Chapter 4 of the City Code; and WHEREAS, although City ordinances do allow for the impoundment of such vehicles, giving police and parking enforcement personnel the authority to issue additional tickets every two hours would provide for a more appropriate remedy and deterrent. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Addition of Section 9-4-14. Adding a new Section 9-4-14, entitled "Enforcement," to read as follows: It shall be unlawful and a violation of the provisions of this Chapter for any owner or driver to permit a vehicle to remain in violation of this Chapter. Every two hours that a vehicle remains in violation after the vehicle is initially cited shall constitute a separate and distinct offense. The fees for each such parking offense shall be as provided in the schedule of fees set out in Title 3, Chapter 4 of this Code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III, SEVERABILITY. If any section, provision or pad 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 IV, EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. 98-3850 Page 2 Passed and approved this 22nd day of September ,1998. CITY CL City AttoEney's Office dennis/pkg-ord.doc Ordinance No. 98-3850 Page 3 It was moved by Thornberry and seconded by O~inanceasread be adopted, and upon rollcalltherewere: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef O'Donnell that the First Consideration 8/25/98 Vote for passage: AYES: Lehman, Norton, 0'Donnel 1, Vanderhoef,Kubby. NAYS: Champion. ABSENT: None. Thornberry, Second Consideration 9/9/98 Voter or passage: AYES: Vanderhoef, Kubby, Lehman, Norton, O'Donnell, Thornberry. NAYS: Champion. ABSENT: None. Date published 9/30/98 Prepared by: Doug Ripley, Traffic Eng. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5254 ORDINANCE NO. 98-3850 AN ORDINANCE AMENDING TITLE 9 OF THE CITY CODE OF IOWA CITY ENTITLE "MOTOR VEHICLES AND TRAFFIC," AMENDING CHAPTER 4, ADDING SECTI' 14 THEREIN TO PROVIDE FOR ADDI' INAL ENFORCEMENT ABILITIES FOR ~RKING OLATIONS. WHEREAS, under current only one ticket is daily to parked in violation the parking s set out in Title 9, C ~ter 4 of the City Code; allow for the police and authority to hours would remedy and NOW, THE CITY C~ CITY, IOWA SECTI I. Addi~ a although ordinances do ,oundmen such vehicles, giving personnel the tickets every two for a more appropriate BE IT ORDAINED BY THE CITY OF IOWA new 9-4-13. ~)-4-13, entitled to read as It shall be and a violation of the of this ChE for any owner or driver to a vehicle to in violation of this Chapter. ery two that a vehicle remains in violation the is initially cited shall constitute a Lrate and distinct offense. The fees for each parking offense shall be as provided in schedule of fees set out in Title 3, Chapter 4 this Code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provE- sions 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law.