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Home My WebLink About2000-06-29 Ordinance Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 ORDINANCE NO. 00-3938 ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING REGULATIONS OF APPROXIMATELY 190 ACRES FROM INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID- RS) TO SENSITIVE AREAS OVERLAY (OSA-5; 82.1 ACRES) AND PUBLIC (P; 107.9 ACRES), AND APPROVING THE PENINSULA PLAN AS A PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN FOR UP TO 400 DWELLING UNITS ON PROPERTY LOCATED AT THE WEST END OF FOSTER ROAD. WHEREAS, the City of Iowa City is owner and legal title holder of approximately 190 acres of property located at the west end of Foster Road; and WHEREAS, the City has prepared a Peninsula Neighborhood Plan, a detailed concept plan for the development of a portion of the parcel for residential uses, and the balance of the property for a natural areas park; and WHEREAS, the City has requested the rezoning of the 82,1 acre residential development parcel to Sensitive Areas Overlay (OSA-5), with the Peninsula Neighborhood Plan serving as the preliminary sensitive areas development plan for the subject property; and WHEREAS, the 107.9 acre natural areas park parcel will remain in City ownership and as such should be zoned Public (P); and WHEREAS, the Planning and Zoning Commission has determined that the proposed rezoning is in conformance with the Comprehensive Plan, and that, with the exception of the variations noted below, the proposed preliminary sensitive areas development plan is in technical compliance with all applicable provisions of the City Code. SECTION I. APPROVAL. The property described below is hereby rezoned as follows: a. The following described property is hereby reclassified from its current designation of ID-RS to OSA-5: That part of Auditor's Parcel No. 95080 and all of Auditor's Parcel No. 97099, Iowa City, Johnson County, Iowa described as follows: Commencing as a point of reference at the South quarter-corner of Section 4, Township 79 North, Range 6 West of the 5th P.M.; thence North 1°39'04'' West 1317.54 feet along the East line of the Southwest Quarter of said Section 4 (assumed bearing for this description only); thence South 89°43'51" West 563.04 feet along the South line of Government Lot 5 of said Section 4, to a Northeasterly corner of said Auditor's Parcel No. 97099 and the point of beginning; thence South 0°16'09'' East 159.36 feet along an Easterly line of said Auditor's Parcel No. 97099; thence South 45057'40" West 191.63 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 85°52'55'' West 170.28 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 42°17'10'' West 607.44 feet along a Southeasterly line of said Auditors Parcel No. 97099; thence South 81 °42'52" West 978.15 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence North 49o44'00'' West 704.00 feet; thence North 15°34'30'' West 615.50 feet; thence North 1°14'00" West 372.58 feet; Thence North 8°12'00'' East 329.35 feet to a point of intersection with the Easterly bank of the Iowa River and a Westerly line of said Auditor's Parcel No. 95080; thence North 57°04'00'' East 772.76 along a Northwesterly line of said Auditor's Parcel No. 95080; thence South 65°32'14'' East 972.25 feet along a Northeasterly line of said Auditor's Parcel No. 95080; thence North 76°18'18" East 468.47 feet along a Northerly line of said Auditor's Parcel No. 95080; thence South 1 °39'04" East 981.65 feet along an Easterly line of said Auditor's Parcel No. 95080 and an Easterly line of said Auditor's Parcel No. 97099; thence North 89°43'51'' East 330.00 feet along a Northerly line of said Auditor's Parcel No. 97099 to the point of beginning and containing an area of 82.1 acres more or less. b. The following described property is hereby reclassified from its current designation of ID-RS to P: Auditor's Parcel No. 95080, Iowa City, Johnson County, Iowa. EXCEPT: that part of Auditor's Parcel No. 95080 and all of Auditors Parcel No. 97099, Iowa City, Johnson County, Iowa described as follows: Commencing as a point of reference at the South quarter-corner of Section 4, Township 79 North, Range 6 West of the 51, P.M.; thence North l°39'04'' West 1317.54 feet along the East line of the Southwest Quarter of said Section 4 (assumed bearing for this description only); thence South 89°43'51" Ordinance No. Page 2 West 563.04 feet along the South line of Government Lot 5 of said Section 4, to a Northeasterly corner of said Auditor's Parcel No. 97099 and the point of beginning; thence South 0°16'09" East 159.36 feet along an Easterly line of said Auditor's Parcel No. 97099; thence South 45°57'40" West 191.63 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 85°52'55'' West 170.28 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 42°17'10" West 607.44 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 81°42'52'' West 978.15 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence North 49°44'00'' West 704.00 feet; thence North 15°34'30'' West 615.50 feet; thence North 1°14'00" West 372.58 feet; thence North 8°12'00'' East 329.35 feet to a point of intersection with the Easterly bank of the Iowa River and a Westerly line of said Auditor's Parcel No. 95080; thence North 57°04'00'' East 772.76 along a Northwesterly line of said Auditors Parcel No. 95080; thence South 65°32'14" East 972.25 feet along a Northeasterly line of said Auditor's Parcel No. 95080; thence North 76°18'18" East 468.47 feet along a Northerly line of said Auditor's Parcel No. 95080; thence South 1 °39'04" East 981.65 feet along an Easterly line of said Auditor's Parcel No. 95080 and an Easterly line of said Auditor's Parcel No. 97099; thence North 89°43'51" East 330.00 feet along a Northerly line of said Auditors Parcel No. 97099 to the point of beginning. The total area is 107.9 acres more or less. SECTION II. VARIATIONS. The following variations from the requirements of the RS-5 zone are approved, as detailed in the Peninsula Neighborhood Plan, as approved by City Council on July 28, 1998, by Resolution No. 98-253. a. Modifications of the typical street standards of 28-foot wide paving within a 50-foot right-of-way, to allow a variety of street types as detailed within the plan; b. A reduction the minimum lot size of 8,000 square feet to allow for a more compact development with a variety of lot sizes, while holding the overall density to no more than 5 units per acre; c. The provision of a mix of dwelling types, including detached and attached single family, row houses, apartment buildings, and live/work units, rather than exclusively single-family detached dwellings; d. Provisions for potential retail and institutional uses in strategic locations within the development, as noted in the plan, as well as live/work units containing retail, office, or studio space on the ground level with residential uses on upper levels; e. The use of a "build-to line" range of 5 feet to 25 feet for houses, 0 feet to 10 feet for row houses, 5 feet to 20 feet for apartment buildings, and 0 feet for retail or live/work buildings, in lieu of the required 20- foot setback requirement; f. Permitting the use of accessory apartments on owner-occupied properties, without the current requirements that the accessory unit be located within the primary structure on the lot, or that one of the units be occupied by an eider or a person with a disability. 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. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance 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 V. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION VI. 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 as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and public ' , as re uired by la ~p ~~~.L~.une ,20 00 rove MAYOI:5, ,' , c, LERK Ordinance No. 00-3938 Page 3 It was moved by Vanderhoef and seconded by 0' Donnel 1 that the Ordinance as mad be adopted, and upon roll call them were: AYES:NAYS:ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum First Consideration 6/13/00 Voteforpassage:AYES: Wilburn, Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration 6/20/00 Vote for passage: AYES: Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. NAYS: None. ABSENT: None. Date published 7/7/00