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
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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~
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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.