HomeMy WebLinkAbout1998-10-20 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 Ill. 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
ppdadm/ord/dverord.doc
10-20-98 I
6g
Farham Group, Inc.
1650 Farnam Street, Suite 920
Omaha, NE 68102
Telephone (402) 341~0888
Fax (402) 341~2655
October 7, 1998
Ms. Karin Franklin
Director
Planning and Community Development
410 East Washington Street
Iowa City, IA 52240-1826
RE: Taft Speedway Rezoning
Dear Karin:
Please accept this letter as formal notice of our desire to withdraw the Application for
Rezoning we currently have filed with your office on the above captioned parcel.
Famam Group and Riverview Place Partners have purchased an alternative site for our
senior affordable housing development, and, as a result, no longer wish to pursue the
aforementioned property.
Thank you for your assistance in this matter and I will continue to look forward to working
with you on our new site.
Sincerely,
Lawrence A. Mazzotta"~
President
LAM:blb
ms\wordNfouf~franldi7M0.798
Prepared by: Bob Miklo, Sr. Planner, 410 E.
Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO. 98-3852
AN ORDINANCE AMENDING THE ZONING
CHAPTER BY CHANGING THE ZONING
DESIGNATION FROM CC-2, COMMUNITY
COMMERCIAL TO PRM, PLANNED HIGH
DENSITY RESIDENTIAL MULTI-FAMILY
FOR 4,000 SQUARE FEET LOCATED AT
114 WRIGHT STREET.
WHEREAS, the property owner, Dennis
Langenberg, has requested a zone change
from CC-2 to PRM for property located at
114 Wright Street; and
WHEREAS, the Comprehensive Plan
designates this property and the surrounding
area for mixed use residential and
commercial uses; and
WHEREAS, the proposed PRM zone is
in compliance with the land use designation
of the Comprehensive Plan for this area;
WHEREAS, the Planning and Zoning
Commission has reviewed this proposed
zone change and has recommended
approval;
WHEREAS, the adjacent properties
within this block are zoned PRM.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I. ZONING AMENDMENT.
Property described below is hereby
reclassified from its present classification of
CC-2 to PRM.
The east 50 feet of Lot 6 in Block 11, in
that part of Iowa City, Iowa, laid off and
platted as the County Seat of Johnson
County, Iowa, according to the recorded plat
thereof.
SECTION II. 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 final passage, approval, and publication
of this ordinance as provided by law.
Ordinance No. 98-3852
Page 2
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
Ordinance shall be in effect after its final
passage, approval and publication, as
provided by law.
Passed and approved this 20th day of
October ,1998.
ATTEST: CL~E K,~_,,,-,,,P CITY LE
It was moved by Thornberry and seconded
by N ' BnnnP11 that the Ordinance as read be
adopted, and upon roll ~11 there were:
AYES: NAYS: ABSENT:
X
X
X
X
X
__ Champion
__ Kubby
Lehman
Norton
O'Donnell
__ Thomberry
Vanderhoef
Firm Consideration
9/22/98
Voteforpassage:AYES:
Norton, 0'Donnell.
Thornberry, Vanderhoef,
NAYS: None. ABSENT:
Champion, Kubby, Lehman,
None.
Second Consideration
10/6/98
V~eforpassage:AYES:
Norton, O'Donnell.
D~epublished
1NI2R/qR
Thornberry, Vanderhoef,Champion,
NAYS: None. ABSENT: None.
Kubby, Lehman,
ppdadmin/o~d/w~htdo¢
Prepared by Andrew P. Matthews, Asst. City Attorney,
410 E. Washington St, Iowa City, IA 52240; 319-356
5030
ORDINANCE NO. 98-3853
AN ORDINANCE AMENDING THE CITY CODE
TO REPLACE ALL REFERENCES TO
"BROADBAND TELECOMMUNICATIONS
COMMISSION" WITH
"TELECOMMUNICATIONS COMMISSION"
WH E REAS, the B road band
Telecommunications Commission was
established by City Code for the purpose of
advising the City Council in matters involving
Cable Television Franchise Administration and
related telecommunications matters; and
WHEREAS, as a result of the merging of the
various media, current and future issues
addressed by the Commission will continue to
involve a wide range of telecommunications
issues beyond the original concept of Cable TV
service and delivery; and
WHEREAS, the Commission has
recommended to the City Council that the name
of the Broadband Telecommunications
Commission be changed to the
Telecommunications Commission.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Amending the Table
of Contents of Title 12, Chapter 4; and Sections
12-4-2, 12-4-3, 12.4-3A(2); 12-4-3A(6), 12-4-
3A(7), 12-4-3B. 12-4-3D, 12-4.4B(1), 12.4-
7E(2), 12-4-121; 12-4-15D(4), 12-4-16M(2)(a),
12-4-27D, 12-4-30F, 12-4-39C and 12-4-42.
Amending the Table of Contents of Title 12,
Chapter 4; and Sections 12-4-2, 12-4-3, 12-4-
3A(2); 12-4-3A(6), 12-4-3A(7), 12-4-3B, 12-4-
3D, 12-4-4B(1), 12-4-7E(2), 12-4-121; 12-4-
15D(4), 12-4-16M(2)(a), 12-4-27D, 12-4-30F,
12-4-39C and 12-4-42 by repealing the words
"Broadband Telecommunications Commission"
in each section and replacing them with
"Telecommunications Commission."
SECTION II. REPEALER. All ordinances and
pads of ordinances in conflict with the provisions
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
Ordinance No. 98-3853
Page 2
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudicated invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This
Ordinance shall be in effect after its final
passage, approval and publication, as provided
by law.
PasSed and approved this Z0th day of
0~/_~. ,1998.
AYOR
ATTEST:
APPROVED BY:
C~ty AttorFley's Office
andy/ord/telecomm.doc
Ordinance No. 98-3853
Page 3
It was moved by Thornberry and seconded by
Ordinance as read be adopted, and upon rollcalltherewere:
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
Norton that the
Fimt Considemtion 9/22/98
Votefor passage: AYES: Kubby, Lehman, Norton, O'Donnell, Thornberry,
Vanderhoef, Champion. NAYS: None. ABSENT: None.
Second Consideration 10/6/98
Votefor passage:AYES: O'Donnell, Thornberry, Vanderhoef, Champion,
Kubby, Lehman, Norton. NAYS: None. ABSENT: None.
Date published 10/28/98