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Home My WebLink About1998-10-06 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 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 Ci'mey' <g' Carol A. Seydel 445 Garden Street Iowa City, Iowa 52245 Iowa City Council Dear Friends, This letter relates to the property at the corner of Taft Speedway and Dubuque Street. I fear that you may have the idea that the motivation behind our strong objection to development of that property is motivated by a selfish desire on the part of the area property omen. I am so frustrated by the attempts of developers who try to make a profit on such sensitive land. I will enumerate my reasons why I feel so strongly about why this land should be protected and properly developed 1. The land south of Taft Speedway is wet land. In other words that land is actually in a body of water namely the Iowa River. When the river is high the water under this land rises to the same depth as the river itself. When there is a flood, because the water is already under the land it continues to rise and spread out seeking its own level. This is flooding such as the one in 1993. It generally happens evea'y spring and after a heavy rainfall. 2. The roadway at present forms a dike so that all the land to the south of Taft Speedway is in fact in the flood zone until a flood ,and then it is actually a part of the of the river. There is a swift current that flows where it pleases. There is nothing that can stop it. This is the danger that confronts anyone living in that area south of T aft. 3. The Roadway is at least 4 t~ below the flood plain. If it is raised to the protected level then what will happen to the entry from Dubuque Street which is also lower than flood plain. It too will have to be raised to access Taft Speedway and widened to permit an easy flow of traffic onto and off Taft Speedway. 4. The land was filled and is not stable. It is a floating pile of rubble. It was filled with any form of material that could be found, a dump in the City. It was at that time that the beautiful limestone cliffs that had existed directly across Dubuque Street were destroyed and moved to this area. This was done for the profit of an individual and the loss to all the citizens of Iowa City. This same individual wishes to continue to deface the one time most attractive entrances to Iowa City. Why reward a man that has broken the law before in this same area? In closing I wish to ask that further study be made of this area. There are too many consequences if this land is not developed properly. I realize you are so busy, but the decision made regarding the development of this land is not affecting a few neighbors. It will have an affect on all of the citizens of Iowa City. This land is the first impression that most people get on entering our city. Let this entrance not only be protected. Let it reflect that we are one of the outstanding cultural centers of the State of Iowa. Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 98-3851 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF 10 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MELROSE AVENUE WEST OF WEST HIGH SCHOOL FROM LOW DENSITY SINGLE FAMILY (RS-5), TO PLANNED DEVELOPMENT HOUSING (OPDH-8), TO PERMIT AN 80 DWELLING UNIT RETIREMENT COMMUNITY. WHEREAS, the applicant, Newbury Development Company, has requested the City rezone 10 acres of land located on the south side of Melrose Avenue and west of West High School from Low Density Single Family (RS-5) to Planned Development Housing (OPDH-8); and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for residehtial development at a density of two to eight dwelling units per acre; and WHEREAS, the Comprehensive Plan encourages a mix of housing units in neighborhoods; and WHEREAS, the Comprehensive Plan encourages development of housing for elderly citizens; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and OPDH plan and it has recommended approval of the same subject to the provision of agreements and easements for sanitary sewer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. The property described below is hereby reclassified from its present classification of Low Density Single Family (RS-5), to Planned Development Housing (OPDH-8), to permit an 80 dwelling unit retirement community: Ordinance No. 98-3851 Page 2 Commencing at the Northeast Corner of the Northwest Quarter of the Fractional Northeast Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00°10'20"E, along the East Line of said Northwest, Quarter, 50.00 feet, to a Point on the Southerly Right-of-Way Line of Melrose Avenue, and the POINT OF BEGINNING; Thence continuing S00°10'02"E, along said East Line, 762.84 feet; Thence S89°49'58"W, 325.50 feet; Thence S66°52'27"W, 177.18 feet; Thence Northwesterly, 16.00 feet, along a 402.32 foot Radius Curve, concave Southwesterly, whose 16.00 foot chord bears N24°15'56"W; Thence Northwesterly, 704.22 feet, along a 967.00 foot radius curve, concave Northeasterly, whose 688.76 foot chord bears N04°32'32"W; Thence Northeasterly, 92.73 feet, along a 314.12 foot radius curve, concave Northwesterly, whose 92.39 foot chord bears NO7 o 51 '49" E; Thence NO0°35'36"W, 35.13 feet, to a Point on the Southerly Right-of- Way Line of said Melrose Avenue; Thence N89°24'24"E, along said Southerly Right-of-Way Line, 535.09 feet, to the Point of Beginning. Said Tract of land contains 10.00 Acres more or less, and is Subject to easements and restrictions of record. SECTION II. VARIATIONS. To encourage the development of the proposed retirement community and to allow clustered development, the Planning and Zoning Commission recommended approval of a multi- family building in accordance with the OPDH plan. SECTION III. ZONING MAP. Upon final passage, approval and publication of this Ordinance as provided by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa Ordinance No. 98-3851 Page 3 City, Iowa, to conform to this zoning amendment. SECTION IV, REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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 VI. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 6th day of October , 1998. C~ty Atto hey s f ~ ppdadmin/ord/retiremt .doc Ordinance No. 98-3851 Page 4 It was moved by Thornberry and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Norton that the First Consideration 4/28/98 Vote for passage: AYES: O'Donnell, Thronberry, Vanderhoef, Champion, Kubby, Lehman, Norton. NAYS: None. ABSENT: None. Second Consideration 5/12/98 Vote for passage: AYES: Kubby, Lehman, Norton, O'Odonnell, Thornberry, Vanderhoef, Champion. NAYS: None. ABSENT: None. Date published 10/14/98 Prepared by: Donald J. Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 319-356-5052 ORDINANCE NO. ORDINANCE AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, ENTITLED "CITY UTILITIES," ARTICLE H ENTITLED "SOLID WASTE", SUBSECTION 2, ENTITLED "DEFINITIONS" OF THE CITY CODE TO AMEND SEVERAL DEFINITIONS. WHEREAS, the City would like to amend several definitions of the Solid Waste provisions in the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, "Unified Development Code, Chapter 3, entitled City Utilities, Article H, "Solid Waste," Subsection 2, "Definitions" of the City Code is hereby amended by: a. Repealing the Definitions of ~,ppliances," 'Recycling," 'Residential Refuse"and 'Special Waste" of Section 14-3H-2, and substituting, in lieu thereof, the following definitions: APPLIANCES: Machines common to residential household use and shall include refrigerators, stoves, microwave ovens, dishwashers, clothes washers, clothes dryers, water heaters, furnaces, air conditioners, dehumidifiers, lawn mowers and any device containing a gasoline engine, an electric motor or an electric capacitor. RECYCLING: Any process by which solid waste is collected, separated, processed or returned to use in the form of raw materials or products including the cornposting of untreated wood waste and yard waste. RESIDENTIAL REFUSE: Refuse excluding appliances, tires, hazardous wastes, yard waste, bulky solid waste and construction/demolition wastes. Ordinance No. Page 2 SPECIAL WASTE: Solid waste that must be handled or processed in a special manner prior to disposal at the landfill. Special Waste also includes Asbestos Containing Material (ACM), friable and non-friable, and Contaminated Soil as defined in the Code of Iowa and Rules of the Iowa Department of Natural Resources or its successor, all as amended. 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 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 Ordi- nance shall be in effect after its final passage, approval and publication, to be collected as set forth in § 14-3A-4, City Code. Passed and approved this day of ,19 MAYOR ATTEST: CITY CLERK City Attorney's Office Date finadm~m:l~Jandfll2.doc Prepared by: Donald J. Yucuis -'inance Director, 410 E. Washington St., Iowa City, 319-356-5052 ORDINANCE NO. AMENDING TITLE 14, DEVELOPMENT CODE," CI ,PTER 3, D "CITY UTILITIES," AI ;LE H ENTITLED SOLID WASTE", SUB~ 2, ENTITLED -'FINITIONS" OF THE CODE TO AMEND WHEREAS, several deftnil provisions in the NOW, THEREF( THE CITY COUNCIL CITY, IOWA: SECTION I. AMEN Development Coc Utilities, Article 2, "Definitions amended by: a. Repealin! 'Recycli Waste sub= defi~ APPL hou: sto ,e City wo~ like to amend of Solid Waste IT ORDAINED BY THE CITY OF IOWA Title 14, "Unified apter 3, entitled City Waste," Subsection ;ity Code is hereby ~s of 'Appliances," "'Residential 'Special of Section 14-3H-2, and in lieu f, the following Machines use and shall microwave ovens, clothes dryers, water air conditioners, scts, stcrco systcms, any device containing a gasoline electric motor or an electric capacitor. RECYCLING: Any process by which vaste is collected, separated, processed or ned to use in the form of raw materials or including the composting of untreated waste and yard waste. Rccycling shall thc cornposting of yard wastc but doc3 includc any form of cncrgy rcoovcry. RESIDENTIAL REFUSE: Any refuse including bulky waste but excluding appliances, tires, hazardous wastes, yard waste, bulky solid waste and construction/demolition wastes. SPECIAL WASTE: Solid waste that must be handled or processed in a special manner prior to disposal at the landfill. Special Waste also in- to residential refrigerators, ~ers, clothes furnac- consolo mowers ire, an Ordinance No. Page 2 cludes Asbestos Containing Material (ACM), frial~ le and non-friable, and Contaminated Soil as :ined in the Code of Iowa and Rules of the Iowa lepartment of Natural Resources or its succes ,r, all as amended. SEI II. parts of sions of SECTION provision or adjudged to adjudication Ordinance as a or part thereof tutional. SECTION IV. EFF nance shall be in approval and ~ forth in § 14-3A-4, City Passed and approved REPEALER. All ordinances a~ in conflict with the pr Ordinance are hereby repealec SEVERABILITY. If any s~ ,art of the Ordinance be nvalid or unconstitutio such not affect the vali, of the ~ole or any sectic provision djudged invalic unconsti- DA~ This Ordi- final passage, collected as set day of 19 MAYOR ATTEST: A ~ved by City CLERK 's Office Date