HomeMy WebLinkAbout1999-04-20 OrdinancePrepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING
CHAPTER BY CONDITIONALLY CHANGING
THE ZONING REGULATIONS OF
APPROXIMATELY 14.83 ACRES LOCATED
EAST OF SCOTT BOULEVARD AT
WASHINGTON STREET FROM MEDIUM
DENSITY SINGLE-FAMILY RESIDENTIAL (RS-
8), LOW DENSITY MULTI-FAMILY
RESIDENTIAL (RM-12), AND COUNTY
SUBURBAN RESIDENTIAL (RS) TO PLANNED
DEVELOPMENT HOUSING OVERLAY (OPDH-
8; 8.37 ACRES), LOW DENSITY SINGLE-
FAMILY RESIDENTIAL (RS-5; 5.63 ACRES),
AND LOW DENSITY MULTI-FAMILY
RESIDENTIAL (RM-12; .83 ACRES), AND
APPROVING A PRELIMINARY OPDH PLAN TO
ALLOW A 72-UNIT ELDER HOUSING
DEVELOPMENT ON AN 8.16 ACRE PARCEL
LOCATED AT THE NORTHEAST CORNER OF
SCOTT BOULEVARD AND WASHINGTON
STREET EXTENDED.
WHEREAS, the applicant, Plum Grove Acres,
is owner and legal title holder of approximately
14.83 acres. of property located east of Scott
Boulevard at Washington Street; and
WHEREAS, the applicant has requested the
voluntary annexation of approximately 10.3
acres located east of Scott Boulevard at
Washington Street, the rezoning of
approximately 14.83 acres from Medium Density
Single-Family Residential (RS-8), Low Density
Multi-Family Residential (RM-12), and County
Suburban Residential (RS) to Planned
Development Housing Oveday (OPDH-8; 8.37
acres), Low Density Single-Family Residential
(RS-5; 5.63 acres), and Low Density Multi-
Family Residential (RM-12; .83 acres), and
approval of a preliminary OPDH plan to allow a
72-unit eider housing development on an 8.16
acre parcel located at the nodheast corner of
Scott Boulevard and Washington Street
extended; and
WHEREAS, the proposed annexation has
been apprOved by the City; and
WHEREAS, the Planning and Zoning
Commission has determined that, with
appropriate conditions ensuring adequate
pedestrian circulation within the neighborhood
and the protection of existing trees on the
Ordinance No.
Page 2
subject property, the proposed rezoning is in
conformance with the Comprehensive Plan, and
that the proposed preliminary OPDH plan is in
technical compliance with all applicable
provisions of the City Code; and
WHEREAS, Iowa Code {}414.5 (1997)
provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's
rezoning request, over and above existing
regulations, in order to satisfy public needs
directly caused by the requested change; and
WHEREAS, the applicant acknowledges that
certain conditions and restrictions are
reasonable to ensure adequate pedestrian.
circulation in this neighborhood and to ensure
the protection of existing trees on the subject
property; and
WHEREAS, the applicant has agreed to use
this property in accordance with the terms and
conditions of a Conditional Zoning Agreement to
ensure that the above referenced neighborhood
circulation and tree protection issues are
addressed.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. Subject to the
terms and conditions of the Conditional Zoning
Agreement, attached hereto and incorporated
herein, the property described below is hereby
reclassified as follows:
a. The following property is hereby
reclasSified from its current designation of
Medium Density Single-Family Residential
(RS-8) and County Suburban Residential (RS) to
Planned Development Housing Overlay
(OPDH-8):
Commencing at the Southwest Comer of the
Southwest Quarter of Section 7, Township 79
North, Range5 West, of the Fifth Principal
Meridian; Thence N00o53'02"W, along the West
Line of Said Southwest Quarter, 2045.15 feet;
Thence N89o06'58"E, 52.16 feet, to the POINT
OF BEGINNING; Thence continuing
N89o06'58"E, 537.69 feet; Thence S00o51 '17"E,
414.99 feet; Thence S00o21'18"W, 435.47 feet;
Thence Northwesterly, 267.72 feet, along a
300.00 foot radius curve, concave
Southwesterly, whose 258.92 foot chord bears
N87o49"09"W; Thence S66o36'56"W, 20.00 feet,
to a Point on the Easterly Right-of-Way of Scott
Boulevard; Thence N23o23'04"W, along said
Easterly Right-of-Way Line, 345.93 feet; Thence
Northwesterly, 540.44 feet, along said Easterly
Right-of-Way Line, on a 1587.02 foot radius
curve, concave Northeasterly, whose 537.83 foot
chord beam N13o37'44"W, to the Point of
Beginning. Said Rezoning Parcel contains 8.37
Ordinance No.
Page 3
acres, more or less, and is subject to easements
and restrictions of record.
b. The following property is hereby
reclassified from its current designation of
County Suburban Residential (RS) to Low
Density Single-Family Residential (RS-5):
Commencing at the Southwest Corner of the
Southwest Quarter of Section 7, Township 79
North, Range 5 West, of the Fifth Principal
Meridian; Thence N00°53'02"W, along the West
Line of Said Southwest Quarter, 2045.15 feet;
Thence N89°06'58"E, 589.85 feet, to the POINT
OF BEGINNING; Thence continuing
N89°06'58"E, 179.84 feet; Thence S00°51'17"E,
110.00 feet; Thence S01°00'12"E, 280.00 feet;
Thence S00°21'18"W, 530.00 feet; Thence
S89°06'58"W, 307.15 feet; Thence S00°39'55"E,
225.14 feet; Thence S89°14'45"W, 357.75 feet;
Thence N00°54'07"W, 77.66 feet; Thence
Northwesterly, 262.89 feet, along a 247.47 foot
· radius curve, concave Southwesterly, whose
250.70 foot chord bears N31°20'06"W; Thence
N00°21 '18"E, 435.53 feet; Thenca N00°51'17"W,
414.99 feet, to the Point of Beginning. Said
Rezoning Parcel contains 5.63 acres, more or
less, and is subject to easements and
restrictions of record.
c. The following property is hereby
reclassified from its current designation of
County Suburban Residential (RS) to Low
Density Multi-Family Residential (RM-12):
Commencing at the Southwest Corner of
the Southwest Quarter of Section 7, Township
79 North, Range 5 West, of the Fifth Principal
Meridian; Thence N00°53'02'~V, along the West
Line of Said Southwest Quarter, 2045.15 feet;
Thence N89°06'58"E, 589.85 feet; Thence
S00°51 '17"E, 414.99 feet; Thence S00°21 '18"W,
435.53 feet; Thence Southeasterly, 107.44 feet,
along a 247.47 foot radius curve, concave
Southwesterly, whose 106.60 foot chord bears
S49°19'51"E, to the Point of Beginning; Thence
continuing Southeasterly, 155.45 feet, along a
247.47 foot radius curve, concave
Southwesterly, whose 152.91 foot chord bears
S18°53'51"E; Thence S00°54'07"E, 77.66 feet;
Thence S89°14'45"W, 47.31 feet; Thence
N00°53'02"W, 222.97 feet , to the Point of
Beginning. Said Rezoning Parcel contains 0.19
acres, more or less, and is subject to easements
and restrictions of record.
d. The following property is hereby
reclassified from its current designation of
Medium Density Single-Family Residential
(RS-8) to Low Density Multi-Family Residential
(RM-12):
Commencing at the Southwest Corner of
the Southwest Quarter of Section 7, Township
Ordinance No.
Page 4
79 North, Range 5 West, of the Fifth Principal
Meridian; Thence N00°53'02"W, along the West
Line of Said Southwest Quarter, 2045.15 feet;
Thence N89°06'58"E, 589.85 feet; Thence
S00°51'17"E, 414.99 feet; Thence S00°21'18"W,
435.53 feet, to the Point of Beginning; Thence
Southeasterly, 104.67 feet, along a 247.47 foot
radius curve, concave Southwesterly, whose
103.89 foot chord bears S49°39'05"E; Thence
S89°06'58"W, 324.21 feet; Thence
N23°23'04"W, 80.88 feet; Thence N66°36'56"E,
20.00 feet; Thenca Southeasterly, 255.88 feet,
along a 300.00 foot radius curve, concave
Southwesterly, whose 248.19 foot chord bears
S88°56'59"E; Thence Southeasterly, 11.86 feet,
along a 247.47 foot radius curve, concave
Southwesterly, whose 11.86 foot chord bears
S63°08'30"E, to the Point of Beginning. Said
Rezoning Parcel contains 0.64 acres, more or
less, and is subject to easements and
restrictions of record.
SECTION II. VARIATIONS. The following
variation from' the requirements of the RS-8 zone
has been approved as part of the preliminary
OPDH plan:
The development of two 37-unit eider
apartment buildings in lieu of the requirement for
single-family detached or duplex residences.
SECTION III. ZONING MAP. The Building
Inspector is hereby authorized and directed to
change the zoning map of the City of Iowa City,
Iowa, to conform to this amendment upon the
final passage, approval and publication of this
ordinance as provided by law.
SECTION IV. CONDITIONAL ZONING
AGREEMENT. Following final passage and
approval of this Ordinance, the Mayor is hereby
authorized and directed to sign, and the City
Clerk to attest, the Conditional Zoning
Agreement between the property owners,
applicants, and the City.
SECTION V. CERTIFICATION AND
RECORDING. Upon passage and approval of
the Ordinance, and after execution of the
Conditional Zoning Agreement, the City Clerk is
hereby authorized and directed to certify a copy
of this ordinance and the Conditional Zoning
Agreement and to record the same at the office
of the County Recorder of Johnson County,
Iowa, at the owner's expense, all as provided by
law.
SECTION VI. REPEALER. All ordinances and
parts of ordinances in conflict with the provision
of this ordinance are hereby repealed.
SECTION VII. SEVERABILITY. If any section,
provision or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance No.
Page 5
ordinance as a whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION VIII. EFFECTIVE DATE. This
ordinance shall be in effect after its final
passage, approval and publication, as required
by law.
Passed and approved this day of
,1999.
MAYOR
A'I'FEST:
CITY CLERK
C ity(~ 's~
Prepared by: Scoff Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319/356-5243
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City") and Plum Grove Acres, an Iowa Limited Partnership.
WHEREAS, the applicant, Plum Grove Acres, is owner and legal title holder of approximately
14.83 acres of property located east of Scott Boulevard at Washington Street; and
WHEREAS, the applicant has requested the voluntary annexation of approximately 10.3 acres
located east of Scott Boulevard at Washington Street, the rezoning of approximately 14.83
acres from Medium Density Single-Family Residential (RS-8), Low Density Multi-Family
Residential (RM-12), and County Suburban Residential (RS) to Planned Development Housing
Overlay (OPDH-8; 8.37 acres), Low Density Single-Family Residential (RS-5; 5.63 acres), and
Low Density Multi-Family Residential (RM-12; .83 acres), and approval of a preliminary OPDH
plan to allow a 72-unit eider housing development on an 8.16 acre parcel located at the
northeast corner of Scott Boulevard and Washington Street extended; and
WHEREAS, the proposed annexation has been approved by the City; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions ensuring adequate pedestrian circulation within the neighborhood and the protection
of existing trees on the subject property, the proposed rezoning is in conformance with the
Comprehensive Plan, and that the proposed preliminary OPDH plan is in technical compliance
with all applicable provisions of the City Code; and
WHEREAS, Iowa Code 414.5 (1997) provides that the City of Iowa City may impose
reasonable conditions on granting an applicanrs rezoning request, over and above existing
regulations, in order to satisfy public needs directly caused by the requested change; and
WHEREAS, the applicant acknowledges that certain conditions and restrictions are reasonable
to ensure adequate pedestrian circulation in this neighborhood and to ensure the protection of
existing trees on the subject property; and
WHEREAS, the applicant has agreed to use this property in accordance with the terms and
conditions of this Conditional Zoning Agreement to ensure that the above referenced
neighborhood circulation and tree protection issues are addressed.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree
as follows:
Plum Grove Acres is the property owner and legal title holder of property located east of
Scott Boulevard at Washington Street, which property is more particularly described as
follows:
OPDH-8 Parcel:
Commencing at the Southwest Corner of the Southwest Quarter of Section 7, Township 79
North, Range 5 West, of the Fifth Principal Meridian; Thence NO0°53'02"W, along the West
Line of Said Southwest Quarter, 2045.15 feet; Thence N89°06'58"E, 52.16 feet, to the
POINT OF BEGINNING; Thence continuing N89°06'58E", 537.69 feet; Thence
S00°51'17"E, 414.99 feet; Thence S00°21 '18"W, 435.47 feet; Thence Northwesterly, 267.72
feet, along a 300.00 foot radius curve, concave Southwesterly, whose 258.92 foot chord
bears N87°49"09"W; Thence S66°36'56"W, 20.00 feet, to a Point on the Easterly Right-of-
Way of Scott Boulevard; Thence N23°23'04"W, along said Easterly Right-of-Way Line,
345.93 feet; Thence Northwesterly, 540.44 feet, along said Easterly Right-of-Way Line, on a
1587.02 foot radius curve, concave Northeasterly, whose 537.83 foot chord bears
N13°37'44"W, to the Point of Beginning. Said Rezoning Parcel contains 8.37 acres, more or
less, and is subject to easements and restrictions of record.
RS-5 Parcel:
Commencing at the Southwest Corner of the Southwest Quarter of Section 7, Township 79
North, Range 5 West, of the Fifth Principal Meridian; Thence N00°53'02"W, along the West
Line of Said Southwest Quarter, 2045.15 feet; Thence N89°O6'58"E, 589.85 feet, to the
POINT OF BEGINNING; Thence continuing N89°06'58"E, 179.84 feet; Thence
S00°51'17"E, 110.00 feet; Thence S01 °00'12"E, 280.00 feet; Thence S00°21'18"W, 530.00
feet; Thence S89°06'58"W, 307.15 feet; Thence S00°39'55"E, 225.14 feet; Thence
S89-14'45"W, 357.75 feet; Thence N00°54'07"W, 77.66 feet; Thence Northwesterly, 262.89
feet, along a 247.47 foot radius curve, concave Southwesterly, whose 250.70 foot chord
bears N31°20'06"W; Thence N00°21'18"E, 435.53 feet; Thence N00°51'17"W, 414.99 feet,
to the Point of Beginning. Said Rezoning Parcel contains 5.63 acres, more or less, and is
subject to easements and restrictions of record.
RM-12 Parcel I:
Commencing at the Southwest Corner of the Southwest Quarter of Section 7, Township 79
North, Range 5 West, of the Fifth Principal Meridian; Thence N00°53'02"W, along the West
Line of Said Southwest Quarter, 2045.15 feet; Thence N89°06'58"E, 589.85 feet; Thence
S00°51'17"E, 414.99 feet; Thence S00021'18"W, 435.53 feet; Thence Southeasterly, 107.44
feet, along a 247.47 foot radius curve, concave Southwesterly, whose 106.60 foot chord
beam S49°19'51"E, to the Point of Beginning; Thence continuing Southeasterly, 155.45
feet, along a 247.47 foot radius curve, concave Southwesterly, whose 152.91 foot chord
beam S18°53'51"E; Thence S00°54'07"E, 77.66 feet; Thence S89°14'45"W, 47.31 feet;
Thence N00°53'02"W, 222.97 feet , to the Point of Beginning. Said Rezoning Parcel
contains 0. 19 acres, more or less, and is subject to easements and restrictions of record.
RM-12 Parcel Ih
Commencing at the Southwest Corner of the Southwest Quarter of Section 7, Township 79
North, Range 5 West, of the Fifth Principal Meridian; Thence N00°53'02"W, along the West
Line of Said Southwest Quarter, 2045.15 feet; Thence N89°06'58"E, 589.85 feet; Thence
S00°51'17"E, 414.99 feet; Thence S00021'18"W, 435.53 feet, to the Point of Beginning;
Thence Southeasterly, 104.67 feet, along a 247.47 foot radius curve, concave
Southwesterly, whose 103.89 foot chord bears S49°39'05"E; Thence S89°06'58"W, 324.21
feet; Thence N23°23'04"W, 80.88 feet; Thence N66°36'56"E, 20.00 feet; Thence
3
Southeasterly, 255.86 feet, along a 300.00 foot radius curve, concave Southwesterly,
whose 248.19 foot chord bears S88°56'59"E; Thence Southeasterly, 11.86 feet, along a
247.47 foot radius curve, concave Southwesterly, whose 11.86 foot chord bears
S63°08'30"E, to the Point of Beginning. Said Rezoning Parcel contains 0.64 acres, more or
less, and is subject to easements and restrictions of record.
2. Applicant acknowledges that the City wishes to ensure appropriate planned development
that will not negatively impact the surrounding residential neighborhood, and to ensure the
protection of existing trees on the property. Further, the parties acknowledge that Iowa
Code {}414.5 (1997) provides that the City of Iowa City may impose reasonable conditions
on granting an applicant's rezoning request, over and above the existing regulations, in
order to satisfy public needs directly caused by the requested change. Therefore, Applicant
agrees to certain conditions over and above City regulations as detailed below.
e
In consideration of the City's rezoning the subject property with variations to the
requirements of the underlying zone, the Applicant agrees that development of the subject
property will conform to all other requirements of the zoning chapter, as well as the following
conditions:
The Applicant shall dedicate a 25-foot wide right-of-way or pedestrian walkway/trail
easement on the portion of the subject property located east of Scott Park Drive
Extended, to provide for a future trail connection to the adjacent parcel to the east. The
approximate location of this right-of-way or pedestrian walkway/trail easement shall be
determined prior to the approval of a preliminary plat for this property or any other
development activities occurring on the site, and shall be accompanied by the dedication
of temporary construction easements as determined to be necessary for the
construction of said trail. Dedication of the right-of-way and/or above-mentioned
easements shall occur along with the approval of a final plat for this area, or prior to the
issuance of a building permit for any development activity on the portion of the subject
property located east of Scott Park Drive Extended, whichever is requested first.
Applicant acknowledges that this dedication is necessary to facilitate the establishment
of neighborhood infrastructure by providing for adequate pedestrian circulation in the
area, and shall not in any way fulfill or reduce the neighborhood open space
requirements for the subject property.
The Applicant shall provide a tree protection plan for City review and approval prior to
the approval of a preliminary plat or issuance of a building permit for the portion of the
subject property lying east of Scott Park Drive Extended, whichever is first requested.
4. The Applicant acknowledges that the conditions contained herein are reasonable conditions
to impose on the land under Iowa Code §414.5 (1997), and that said conditions satisfy
public needs which are directly caused by the requested zoning change.
The Applicant acknowledges that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional
Zoning Agreement.
6. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a
covenant running with the land and with title to the land, and shall remain in full force and
effect as a covenant running with the title to the land unless or until released of record by
the City. The Parties further acknowledge that this Agreement shall inure to the benefit of
and bind all successors, representatives and assigns of the Parties.
4
7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Applicant from complying with all applicable local, state and federal
regulations.
8. The Parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the Ordinance rezoning the subject property; and that upon adoption and
publication of the Ordinance, this Agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this day of , .1999.
PLUM GROVE ACRES
CITY OF IOWA CITY
By: By:
Bruce Glasgow
Emest W. Lehman, Mayor
By: Attest:
Frank Boyd
STATE OF IOWA
JOHNSON COUNTY
)
) SS:
)
Marian K. Karr, City Cler
M~~~t'
On this day of before me,
Iowa, ~monally appeared Emest W. Lehman and Madan K. Kay, to me personally known, and,
who, being by me duly swom, did say that they are the Mayor and CiW Cle~, respectively, of the
CiW of Iowa Ci~, Iowa; that the seal affixed to the foregoing instrument is ~e ~orate seal of the
mrporation, and that the instrument was signed and sealed on behalf of the m~oration, by
authod~ of its CiW ~uncil, as ~ntained in (Oralinane) (Resolution) No. passed
by the Ci~ Coundl, on the day of ,19 , and that
Emest W. Lehman and Madan K. Karr a~nowledged the exertion of the instrument to be their
volun~ a~ and deed and the volunta~ act and deed of the ~oration, by it volun~dly
exerted.
Notary Public in and for the State of Iowa
My commission expires:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this- day of ,19 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Bruce Glasgow, to me
known to be the identical persons named in and who executed the within and foregoing
instrument, and acknowledged that he executed the same as his voluntary.act and deed.
Notary Public in and for the State of Iowa
My commission expires:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , 19 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Frank Boyd, to me known
to be the identical persons named in and who executed the within and foregoing instrument, and
acknowledged that he executed the same as his voluntary act and deed.
Notary Public in and for the State of Iowa
My commission expires:
ppdadmin~agt~l~umgrove.doc
Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243
Z
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING
CHAPTER BY CONDITIONALLY CHANGING
THE ZONING REGULATIONS OF
APPROXIMATELY 14.83 ACRES LOCATED
EAST OF SCOTt BOULEVARD AT
WASHINGTON STREET FROM MEDIUM
DENSITY SINGLE-FAMILY RESIDENTIAL (RS-
8), LOW DENSITY MULTI-FAMILY
RESIDENTIAL (RM-12), AND COUNTY
SUBURBAN RESIDENTIAL (RS) TO PLANNED
IPMENT HOUSING OVERLAY (OPDH
8.37 ACRES), LOW DENSITY
RESIDENTIAL {RS-5; 5.63
LOW DENSITY
ENTIAL (RM-12; .83 ~D
A PRELIMINARY OPDI :TO
A 74-UNIT ELDER ;ING
I; ON AN 8.16 PARCEL
THE CORNER OF
SCOTT ILEVARD WASHINGTON
STREET
WHEREAS Plum Grove Acres,
is owner and of approximately
14.83 acres of I: ty located east of Scott
Boulevard ton Street; and
WHEREAS, ~licant has requested the
voluntary anl of approximately 10.3
acres Scott Boulevard at
Washin. the rezoning of
a 14.83 Medium Density
Single Residential Low Density
Multi. Residential 12), and County
Su Residential to Planned
~ment Housing OPDH-8; 8.37
Low Density Residential
RS-5; 5.63 acres), and Low nsity Multi-
Family Residential (RM-12; .83 res), and
approval of a preliminary OPDH ~ allow a
74-unit eider housing development on n 8.16
acre parcel located at the northeast co er of
Scott Boulevard and Washington treet
extended; and
WHEREAS, the proposed annexation I'i s
been approved by the City; and
WHEREAS, the Planning and Zoning
Commission has determined that, with
appropriate conditions ensuring adequate
pedestrian circulation within the neighborhood
and the protection of existing tree
Ordinance No.
Page 2
subject property, the proposed rezoning is in
conformance with the Comprehensive Plan, and
that the proposed preliminary OPDH plan is in
technical compliance with all applicable
provisions of the City Code; and
WHEREAS, Iowa Code §414.5 (1997)
provides that the City of Iowa City may impose
reasonable conditions on granting an
rezoning request, over and above
regulations, in order to satisfy public nee
directly caused by the requested change; an
WHEREAS, the applicant acknowledge
;rtain conditions and restriction are
to ensure adequate
~lation in this neighborhood and ensure
the of existing trees on subject
/; and
EAS, the applicant has reed to use
in accordance wit the terms and
Conditional Zor Agreement to
ensure le above neighborhood
circulation d tree issues are
addressed.
NOW, IT ORDAINED BY
THE CITY THE CITY OF IOWA
CITY, IOWA:
SECTION I, AF Subject to the
terms and conditior the Conditional Zoning
Agreement, ,~reto and incorporated
herein, the prop. below is hereby
reclassified as
a. The is hereby
reclassified its designation of
Medium Residential
(RS-8) an< Suburban (RS) to
Planned Development Overlay
Col at the Corner of the
Quarter of Section 7, 79
Range5 West, of the Principal
Mel Thence N00°53'02"W, alon the West
of Said Southwest Quarter, ;.15 feet;
N89°06'58"E, 52.16 feet, to POINT
BEGINNING; Thence tinuing
537.69 feet; Thence '17"E,
feet; Thence S00°21 '18"W, feet;
Thence Northwesterly, 267.72 feet, a
300.00 foot radius curve,
Southwesterly, whose 258.92 foot chord rs
N87°49"09"W; Thence S66°36'56"W, 20.00
to a Point on the Easterly Right-of-Way of
Boulevard; Thence N23°23'04'~/V, along saic
Easterly Right-of-Way Line, 345.93 feet; Thence
Northwesterly, 540.44 feet, along said Easterly
Right-of-Way Line, on a 1587.02 foot radius
curve, concave Northeasterly, whose 537.83 foot
chord bears N13°37'44"W, to the Point of
Beginning. Said Rezoning Parcel contains 8.37
Ordinance No.
Page 3
acres, more or less, and is subject to
and restrictions of record.
b. The following property is ~ereby
reclassified from its current design; of
County Suburban Residential (RS) Low
Density Single-Family Residential
Commencing at the Southwest
Southwest Quarter of Section 7
North, Range 5 West, of the
~eridian; Thence N00°53'02'~,V,
e of Said Southwest
N89°06'58"E, 589.85
OF BEGINNING; The~
'58"E, 179.84 feet;
Thence
Thence
307.15
225.14 Thence
Thence
Northwesterly,
radius curve,
250.70 foot chor
N00°21 '18"E, 43,~
414.99 feet, to
Rezoning
less, and
restrictions record.
c. Th following ~reperty is hereby
reclassifiE from its designation of
County ial
the
79
of the
79
Principal
~ng the West
2045.15 feet;
to the POINT
continuing
S00°51 '17"E,
280.00 feet;
feet; Thence
S00°39'55"E,
357.75 feet;
77.66 feet; Thence
along a 247.47 foot
Southwesterly, whose
N31 °20'06"W; Thence
feet; Thence N00°51 '17"W,
Point of Beginning. Said
5.63 acres, more or
to easements and
Commencing at the
sthwest Quarter of
Range 5 West, of
Thence N00°53'02'~/V,
of Said Southwest Quarter,
N89°06'58"E, 589.85
(RS) to Low
(RM-12):
Corner of
,n 7, Township
Fifth Principal
~ng the West
feet;
Thence
S00°51'17"E, 414.99 feet; Thence '21'18"W,
435.53 feet; Thence Southeasterly, 1( '.44 feet,
along a 247.47 foot radius curve ~ncave
Southwesterly, whose 106.60 foot bears
S49°19'51"E, to the Point of Beginning; ~ence
continuing Southeasterly, 155.45 feet, g a
247.47 foot radius curve,
Southwesterly, whose 152.91 foot chord
S18°53'51"E; Thence S00°54'07"E, 77.66
Thence S89°14'45"W, 47.31 feet;
N00°53'02"W, 222.97 feet , to the Point
Beginning. Said Rezoning Parcel contains 0.19
acres, more or less, and is subject to easements
and restrictions of record.
d. The following property is hereby
reclassified from its current designation of
Medium Density Single-Family Residential
(RS-8) to Low Density Multi-Family Residential
(RM-12):
Commencing at the Southwest Corner of
the Southwest Quarter of Section 7, Township
Ordinance No.
Page 4
79 North, Range 5 West, of the Fifth Principal
Meridian; Thence N00°53'02"W, along the West
Line of Said Southwest Quarter, 2045.15 feet;
Thence N89°06'58"E, 589.85 feet; Thence
S00°51 '17"E, 414.99 feet; Thence S00°21 '18"W,
t35.53 feet, to the Point of Beginning; Thence
104.67 feet, along a 247.47 foot
curve, concave Southwesterly, whose
.89 foot chord bears S49°39'05"E; Thence
06'58"W, 324.21 feet; Thence
N2: !3'04"W, 80.88 feet; Thence N66°36'56"E
Thence Southeasterly, 255.88
along 300.00 foot radius curve,
whose 248.19 foot chord
Thence Southeasterly, 11 .I
along a foot radius curve,
whose 11.86 foot' bears
to the Point of Beg Said
Rezoning contains 0.64 more or
less, and subject to and
restrictions
SECTION II. The following
variation from the of the RS-8 zone
has been of the preliminary
OPDH plan:
The two 36-unit eider
apartment buildings of the requirement for
single-family detach uplex residences.
SFCTION III. MAP. The Building
Inspector is and directed to
change the zor map of City of Iowa City,
Iowa, to to this upon the
final passa! approval and Jblication of this
ordinance provided by law.
SFCTI{ IV. 7ONING
Following final lassage and
a of this Ordinance, the is hereby
auth and directed to sign, the City
to attest, the 31 Zoning
between the prol owners,
~licants, and the City.
SECTION V. AND
RECORDING. Upon passage and a of
the Ordinance, and after execution the
Conditional Zoning Agreement, the City 'k is
hereby authorized and directed to certify a ~py
of this ordinance and the Conditional
Agreement and to record the same at the
of the County Recorder of Johnson Counb
Iowa, at the owner's expense, all as provided by
law.
SECTION VI. REPFALFR. All ordinances and
parts of ordinances in conflict with the provision
of this ordinance are hereby repealed.
SFCTION VII. SFVERABILITY. If any section,
provision or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance No.
Page 5
ordinance as a whole or any section, prov. ision or
part thereof not adjudged invalid or
unconstitutional.
SFCTION VIII. FFFECTIVF This
ordinance shall be in effect its final
passage, approval and publication, required
by law.
Passed and approved this
,1999.
__ day of
CITY CLERK
Prepared by: Eleanor M.' Dilkes, City Attorney; 410 E.
Washington St.; Iowa City, IA 52240; (319) 356-5030
ORDINANCE NO. 99-3877
ORDINANCE AMENDING CITY CODE TITLE 8,
CHAPTER 8~ ENTITLED "POLICE CITIZENS'
REVIEW BOARD," SECTION 3, ENTITLED
"DEFINITION OF COMPLAINT; COMPLAINT
PROCESS IN GENERAL", SECTION 6,
ENTITLED "POLICE CHIEF'S REPORT TO THE
BOARD; CITY MANAGER'S REPORT TO THE
BOARD", AND SECTION 7, ENTITLED
"DUTIES OF THE BOARD; COMPLAINT
REVIEW AND GENERAL DUTIES," AND
ADDING AN ADDITIONAL SECTION 11,
ENTITLED "TIME COMPUTATION,"
REGARDING THE TIME LIMIT ALLOWED FOR
FILING OF COMPLAINTS AND FOR REPORTS
TO THE BOARD AND CITY COUNCIL.
WHEREAS, in establishing the Police
Citizens' Review Board, the City Council
intended that claims of inappropriate conduct
by sworn police officers be conducted in a fair,
thorough and accurate manner; and
WHEREAS, it is in the public interest to
extend the time limits for a citizen to file a
complaint with the Board, for the Chief of
Police or City Manager to submit his or her
report to the Board, and for the Board to
submit its report to the City Council.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Title 8, Chapter
8, entitled "Police Citizens' Review Board," of
the City Code be hereby amended as follows:
1. Title 8, Chapter 8, Section 3, Subparagraph
D, is hereby amended by deleting said
subparagraph and substituting in lieu thereof a
new Title 8, Chapter 8, Section 3,
Subparagraph D, as follows:
8-8-3(D): All complaints must be filed with
either the Board or the Iowa City Police
Department within ninety (90) days of the
alleged misconduct.
Ordinance No. 99-3877
Page 2
2. Title 8, Chapter 8, Section 3, Subparagraph
E, is hereby amended by deleting said
subparagraph and substituting in lieu thereof a
new Title 8, Chapter 8, Section 3,
Subparagraph E, as follows:
8-8o3(E): Only those complaints which do
not involve the conduct of an Iowa City sworn
police officer or are not filed within ninety (90)
days of the alleged misconduct may be subject '
to summary dismissal by the Board. (Ord. 97-
3792, 7-15-1997).
3. Title 8, Chapter 8, Section 6,
Subparagraph E, is hereby amended by
deleting said subparagraph and substituting in
lieu thereof a new Title 8, Chapter 8, Section
6, Subparagraph E, as follows:
8-8-6(E): The Police Chief's report to the
Board shall be completed within ninety (90)
calendar days after complaint is filed. The
Board may grant extensions from the deadline
for good cause shown.
4. Title 8, Chapter 8, Section 7,
Subparagraph B, Subsection 6 is hereby
amended by deleting said subsection and
substituting in lieu thereof a new Title 8,
Chapter 8, Section 7, Subparagraph B,
Subsection 6, as follows:
8-8-7(B)(6): The Board's report to the City
Council shall be completed within forty-five
(45) calendar days of receipt of the Chief's or
City Manager's report. The City Council may
grant requests for extensions to this deadline
upon good cause shown.
5. Title 8, Chapter 8, is hereby amended by
adding a new Section 11, as follows:
.8-8-11: TIME COMPUTATION: In
computing time under this Chapter, the first
day shall be excluded and the last included,
unless the last falls on a Sunday, in which case
the time prescribed shall be extended so as to
include the whole of the following Monday.
However, when the last day for the filing of a
complaint or the completion of a report falls on
a Saturday or Sunday, or a day on which the
office of the City Clerk of the City of Iowa City
is closed due to a City holiday, the time shall
be extended to include the next day on which
the office of the Clerk is open to receive the
filing of a complaint or the report.
SECTION II. REPEALER. All ordinances
and parts of ordinances in conflict with the
provisions of this Ordinance are hereby re-
pealed.
Ordinance No. 99-3877
Page 3
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
Ordinance shall be in effect after its final pas-
sage, approval and publication, as provided by
law.
Passed and approved this 20thday of
Apri 1 ,19 99 ·
i ttorney's Office
Marym/misc/pcrb-ord
Ordinance No. 99-3877
Page 4
It was moved by Norton and seconded by
Ordinance as read be adopted, and upon rollcalltherewere:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
X O'Donnell
X Thomberry
X Vanderhoef
Vanderhoef that the
Fimt Considemtion 3/30/99
Votefor passage:AYES:Lehman, Norton,
Vanderhoef, Champion, Kubby. NAYS: None.
O'Donnell, Thornberry,
ABSENT: None.
Second Considemtion 4/6/99
Votefor passage: AYES: Champion, Kubby, Lehman, Norton, O'Donnell,
Thornberry, Vanderhoef. NAYS: None. ABSENT: None.
Date published 4/28/99