HomeMy WebLinkAbout2000-07-18 Ordinance Prepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO. 00-3939
AN ORDINANCE APPROVING A PRELIMINARY PLANNED DEVELOPMENT HOUSING
OVERLAY (OPDH-Ii) PLAN FOR VILLAGE GREEN SOUTH PART 6, AN 8.69 ACRE, 35-LOT
RESIDENTIAL SUBDIVISION INCLUDING ONE OUTLOT FOR PROPERTY LOCATED AT
WINTERGREEN DRIVE WEST OF SOUTH JAMIE LANE,
WHEREAS, the applicant, Glasgow-Williams Real Estate has requested the City re-approve
the Planned Development Housing Overlay (OPDH-5) zoning and preliminary OPDH plan for 8.69
acres of property located at Wintergreen Drive, west of South Jamie Lane; and
WHEREAS, the Comprehensive Plan encourages alternatives to single-family detached
housing; and
WHEREAS, the proposed OPDH design includes 30 zero lot line lots, four single family lots,
and one open space outlot; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and
OPDH plan and has recommended approval of the same, subject to a conditional zoning
agreement that contains conditions regarding wetlands documentation, trail design, open space
landscaping and dedication, subsurface drainage and basements, grading and erosion control,
and the connection of Wintergreen Drive to Village Road.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
SECTION I. APPROVAL. Subject to the terms and conditions of the conditional zoning
agreement as authorized by Iowa Code 4-14.5 (1999), a copy of which is attached hereto, and
incorporated by reference herein, the property legally described below is hereby redesignated
from OPDH-5 to OPDH-5, and the preliminary OPDH-5 plan for Village Green South, Part 6 is
hereby approved:
Commencing at the Southeast Corner of Village Green South - Part Two, Iowa City,
Iowa in accordance with the plat recorded in Book 2, at Page 13, of the records of the
Johnson County Recorder's Office; Thence S61°00'36"E, 171.58 feet, to the Point of
Beginning; Thence N29°54'04"E, 198.88 feet; Thence Southeasterly, 2.23 feet, along a
142.13 foot radius curve, concave Northeasterly, whose 2.23 foot chord bears
S60°32'57"E; Thence N29°00'01 "E, 79.37 feet; Thence N17°19'06"E, 44.06 feet; Thence
N00°47'13"E, 477.37 feet; Thence N56°29'43"E, 103.34 feet; Thence Southeasterly
425.64 feet, along a 525.47 foot radius curve, concave Northeasterly whose 414.10 foot
chord bears S56°42'56"E; Thence S10°04'57"W, 97.82 feet; Thence S00°34'35"W,
93.77 feet; Thence S52°21'37"E, 39.92 feet; Thence S22°38'14'', 128.06 feet; Thence
S14°51'41"E, 112.02 feet; Thence S52°21'37"E, 56.01 feet; Thence S40°10'58"W,
146.54 feet; Thence S02°30'29"W, 56.01 feet; Thence S40°00'24"W, 112.02 feet;
Thence S77°30'19"W, 56.01 feet; Thence S29°00'01"W, 75.17 feet; Thence
N61°00'36"W, 421.78 feet, to the Point of Beginning. Said Tract of Land contains 8.69
acres, and is subject to easements and restrictions of record.
SECTION II. VARIATIONS. The following variations from the requirements of the RS-5 zone
have been approved as part of this preliminary OPDH plan:
a. Zero lot line dwellings will be a permitted use.
Ordinance No. 00-3939
b. Modification of the minimal dimensional requirements for the underlying zone will be
allowed to permit zero lot line development on lots having less width and area than
required of conventional detached single-family residential development in the RS~5 zone.
c. Due to the single-family residential nature of the structures that will be constructed on this
property, the preliminary OPDH plan requirement concerning submission of general
building design sketches has been waived.
SECTION Ill. 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 final
passage, approval, and publication of this Ordinance as provided by law.
SECTION IV. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and
directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the
owners of the property and the City, following passage and approval of this Ordinance.
SECTION V. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and
directed to certify a copy of this Ordinance and Conditional Zoning Agreement and to record the
same in the Johnson County Recorder's Office at the applicant's expense upon passage and
approval of this Ordinance.
SECTION VI. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION VII. 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 VIII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 18th day of ,luly ,20 O0
. d by :
Ppdadmin%ord\vilgreen6.doc
Ordinance No. 00-3939
Page 3
It was moved by 0 ' Donnel 1 and seconded by Champ i on that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
~ Pfab
× Vanderhoef
X Wilbum
First Consideration 6/13/00
Vote for passage: AYES: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef,
Wilburn. NAYS: None. AYES: None.
Second Consideration 6/20/00
Vote for assage: AYES: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion,
a ner. NAYSP: None, ABSENT: None,
Kn
Date published 7/26/00
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City") and Glasgow-Williams Real Estate; and
WHEREAS, Glasgow-Williams Real Estate is the legal title holder of a portion of the property
legally described below; and
WHEREAS, Glasgow-Williams Real Estate has requested the City re-approve the Planned
Development Housing Zoning (OPDH-5) and a preliminary OPDH plan for property located at
Wintergreen Drive, west of South Jamie Lane; and
WHEREAS, the OPDH plan for Village Green South Part 6 includes zero-lot line dwellings, which
are not permitted in the RS-5 zone; and
WHEREAS, when this property was rezoned in 1993, the OPDH zone was conditioned upon a
Conditional Zoning Agreement addressing wetland documentation, trail design, open space
landscaping and dedication, subsurface drainage in basements, grading and erosion control, and
the connection of Wintergreen Drive to Village Road; and
WHEREAS, Iowa Code §414.5 (1999) provides that the City of Iowa City may impose reasonable
conditions on granting a rezoning request, over and above existing regulations, in order to satisfy
public needs directly caused by the requested change; and
WHEREAS, the City wants to ensure the appropriate allocation and suitability of neighborhood
open space; and
WHEREAS, the parties acknowledge that certain conditions and restrictions are reasonable to
ensure appropriate urban development on the eastern edge of Iowa City.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree
as follows:
1. Glasgow-Williams Real Estate is the owner and legal title holder of 8.69 acres of property
legally described as follows:
Commencing at the Southeast Corner of Village Green South - Part Two, Iowa City,
Iowa in accordance with the plat recorded in Book 2, at Page 13, of the records of
the Johnson County Recorder's Office; Thence S61°00'36"E, 171.58 feet, to the
Point of Beginning; Thence N29°54'04"E, 198.88 feet; Thence Southeasterly, 2.23
feet, along a 142.13 foot radius curve, concave Northeasterly, whose 2.23 foot chord
bears S60°32'57"E; Thence N29°00'01"E, 79.37 feet; Thence N17°19'06"E, 44.06
feet; Thence N00°47'13"E, 477.37 feet; Thence N56°29'43"E, 103.34 feet; Thence
Southeasterly 425.64 feet, along a 525.47 foot radius curve, concave Northeasterly
whose 414.10 foot chord beam S56°42'56"E; Thence S10°04'57"W, 97.82 feet;
Thence S00°34'35"W, 93.77 feet; Thence S52°21'37"E, 39.92 feet; Thence
Glasgow-Williams Conditional Zoning Agreement
Page 2
S22°38'14", 128.06 feet; Thence S14°51'41"E, 112.02 feet; Thence S52°21'37"E,
56.01 feet; Thence S40°10'58"W, 146.54 feet; Thence S02°30'29"W, 56.01 feet;
Thence S40°00'24"W, 112.02 feet; Thence S77°30'19"W, 56.01 feet; Thence
S29°00'01"W, 75.17 feet; Thence N61°00'36"W, 421.78 feet, to the Point of
Beginning. Said Tract of Land contains 8.69 acres, and is subject to easements and
restrictions of record.
2. The parties acknowledge that the City desires to ensure appropriate allocation of open
space and protection of environmentally sensitive areas.
3. In consideration of the City's reapproving the OPDH-5 zoning and reapproving the OPDH
plan, Glasgow-Williams Real Estate agrees that development and use of the subject
property will conform to the requirements of the OPDH-5 zone and the conditions of the
OPDH plan, as well as the following additional conditions:
a. Prior to approval of the final plat and OPDH plan, Glasgow-Williams Real Estate shall
document the existence of State or Federal jurisdictional wetlands on the site. If
protected wetlands exist within the proposed development, Glasgow-Williams Real
Estate must demonstrate that the development, as designed, will not negatively
impact the wetlands.
b. Glasgow-Williams Real Estate must construct the proposed trail to conform with the
Americans with Disabilities Act (ADA) requirements. At a minimum, the trail must be
constructed at least eight feet in width. The trail must consist of a minimum base of
four inches of 3%" roadstone and a minimum topping of 3 inches of 3/8" base
material (said materials to be compacted).
c. Glasgow-Williams Real Estate must provide appropriate ground cover and landscape
the open space according to plans approved by the City. The plans must be
submitted to and approved by the City Council prior to Council consideration of the
final plat and administrative approval of the final OPDH plan. If the City deems it in
the public interest to accept dedication of the 65,248 square feet of open space, this
dedication must not be accepted until: 1) the open space improvements are
complete; and 2) construction has been completed on 90% of the lots abutting the
open space.
d. Basements are permitted within the subdivision, subject to the following conditions:
1) Basements may be constructed on lots which are abutted by a subsurface
drainage system, provided said basements are equipped with a sump pump and
adequate foundation tile which discharge into said drainage system. Proper
installation of the sump pump and foundation tile shall be the sole responsibility
of the developer and/or contractor, and the City shall not be responsible for
inspecting the installation of the sump pump and foundation tile. Discharge of
the roof drains and downspouts of dwellings into the subsurface drainage
system is prohibited. To ensure compliance with these provisions concerning
basements on lots abutted by a subsurface drainage system, the property
owners' registered engineer shall certify the following:
i. There is no discharge of roof drains and downspouts of
dwellings into the properties' subsurface drainage systems; and
ii. The foundation tile and sump pump have been properly installed
to said surbsurface drainage system.
Glasgow-Williams Conditional Zoning Agreement
Page 3
e. If a force main upgrade is required, Glasgow-Williams Real Estate must obtain
sufficient off-site construction easements prior to final plat approval and final OPDH
plan approval.
f. A grading and erosion control plan must be approved by the Public Works
Department pdor to Council consideration of the preliminary plat.
g. The connection of Wintergreen Drive to Sterling Drive is prohibited until the
connection of Wintergreen Drive to the future Village Road extension is completed.
4. Glasgow-Williams Real Estate acknowledges that the additional conditions contained
herein are reasonable conditions to impose on the land pursuant Iowa Code §414.5 (1999),
and that said conditions are appropriate, and satisfy public needs which are directly caused
by the requested zoning change.
5. Glasgow-Williams Real Estate acknowledges that in the event the subject property is
transferred, sold, redeveloped, subdivided, divided or split, 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.
7. Glasgow-Williams Real Estate acknowledges that nothing in this conditional zoning
agreement shall be construed to relieve them 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 Recorders Office at
the Owner's expense.
Dated this I El day of May:,, 2000.
GLASGOW-WILLIAMS REAL ESTATE CITY OF IOWA CITY
By --.,. '~'~
S P. Glasgow, President . Lehman, Mayor
Marian K. Karr, City Clerk
Ap~:~> ', / .~, ~. ?
Glasgow-Williams Conditional Zoning Agreement
Page 4
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this i (.~"r~day of May, A.D. 2000, before me, the undersigned, a Notar~ Public in and for
the State of Iowa, personally appeared James P. Glasgow, to me personally known, who, being
by me duly swom, did say that he is the President of s~id ~rpomtion executing the within ~nd
foregoing inst~ment to which this is ~ched, th~ no se~l h~s been procured b~ the s~id corpora-
tion; that s~id inst~ment w~s signed on behalf of s~id coloration b~ ~uthoH~ of its Board of
Directors; ~nd that the s~id J~mes P. Glasgow ~s such o~cer ~cknowledged the execution of s~id
instrument to be the volunt~ ~ct ~nd deed of s~id ~rpomtion, b~ it ~nd b~ him volunt~ril~
executed.
'
........ Coun~ and State
STATE OF IOWA )
) SS: U
JOHNSON COUN~ )
On this I~ day of ~[~ ,2000, before me, ~n~r,~<
~ o~ Public in and for the State of Iowa, personally
appeared Ernest W. Lehman and Marian K. Kam to me personally known, and, who, being by me
duly sworn, did say that they are the Mayor and Ci~ Clerk, respectively, of the Ci~ of Iowa Ci~,
Iowa; that the seal a~xed to the foregoing instrument is the corporate seal of the coloration, and
that the instrument was signed and sealed on behalf of the corporation, by authod~ of its Ci~
Council, as contained in (Ordinance) (~on) No. ~,--393~ passed by the City Council,
on the /~ day of ~ [ , 2000, and that Ernest W. Lehman and
Marian K. Karr acknowledged the exertion of the instrument to be their volunta~ act and deed
and the volunta~ act and deed of the ~rporation, by it voluntarily executed.
Nota~ Public in and for the State of Iowa
My ~mmission expires: .~ -- 7-- L, :~
ppdadnVagt~cza-GW.doc
Prepared by: Robed Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO. 00-3940
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE
USE REGULATIONS OF APPROXIMATELY 2.01 ACRES OF PROPERTY
LOCATED NORTH OF WASHINGTON STREET AND EAST OF GREEN
MOUNTAIN DRIVE FROM PLANNED DEVELOPMENT HOUSING OVERLAY
(OPDH-8) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5).
WHEREAS, the Applicants, Washington Park Partners, have requested that the City rezone
approximately 2.01 acres of property located north of Washington Street and east of Green
Mountain Drive from OPDH-8 to RS-5; and
WHEREAS, the proposed rezoning will allow the subdivision of the property into seven single-
family lots; and
WHEREAS, the proposed development of this property is consistent with the Comprehensive
Plan; and
WHEREAS, the Planning & Zoning Commission has recommended approval of the proposed
rezoning from OPDH-8 to RS-5.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I.APPROVAL. That the property described below is hereby reclassi~ed from its
present classification of OPDH-8 to RS-5;
Beginning at the Southwesterly Corner of Lot 228 of Washington Park Addition Part
10, in accordance with the Plat thereof Recorded in Plat Book 30, at Page 54, of the
Records of the Johnson County Recorders Office; Thence S69°59'19"E, along the
Southerly Line of said Lot 228, a distance of 160.87 feet; Thence S38°23'34"W, 209.20
feet; Thence S51°26'26"W, 119.06 feet; Thence S51°26'36"W, 86.00 feet; Thence
S46°44'03"W, 156.48 feet; Thence S00°27'00"W, 60.51 feet; Thence N89°33'00"W,
164.07 feet, to a Point on the Southeasterly Right-of-Way Line of Green Mountain
Drive; Thence Northeasterly, 51.31 feet, along said Southeasterly Right-of-Way Line on
a 290.65 foot radius curve, concave southeasterly, whose 51.24 foot chord bears
NI5°05'53"E; Thence Northeasterly, 219.28 feet, along said Southeasterly Right-of-
Way Line on a 417.85 foot radius curve, concave Southeasterly, whose 216.78 foot
chord bears N36°24'33"E; Thence N51°26'36"E, along said Southeasterly Right-of-Way
Line, 186.32 feet; Thence Northeasterly, 218.86 feet, along said Southeasterly Right-
of-Way Line on a 430.00 foot radius curve, concave Northwesterly, whose 216.51 foot
chord bears N36°51 '43"E, to the Point of Beginning. Said Tract of Land contains 2.05
acres, more or less, and is subject to easements and restrictions of record.
Ordinance No. 00-3940
Page 2
SECTION II. 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 III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and
directed to certify a copy of this ordinance which shall be recorded by the City at the Office of the
County Recorder of Johnson County, Iowa, upon final passage and publication as provided by
law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the
provision of this ordinance are hereby repealed.
SECTION V. 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 VI. EFFECTIVE DATE. This ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 18thday of Ju'l.y ,20 00
ATTEST:
CITY
ppdaclmin"~:>r~washgree2.doC
Ordinance No. 00-3940
Page 3.
Itwas moved by Champion and seconded by VanderhnP. f that the Ordinance
as mad be adopted, and upon roll call them were:
AYES: NAYS: ABSENrl':
X Champion
X Kanner
X Lehman
X O'Donnell
X F>fab
X Vanderhoef
X Wilbum
First Consideration 6/13/00
Vote for passage: AYES: Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn,
Champi on. NAY5: None. ABSENT: None.
Second Consideration 6/20/00
Vote for passage: AYES : 0'Donnell, Pfab, Vanderhoef, Wilburn, ChampiOn, Kanner,
Lehman. NAYS: None. ABSENT: None.
Date published 7/26/00
Prepared by: John Yapp, PCD, 410 E. Washington Street. Iowa City, IA 52240; 319-356-5247
ORDINANCE NO. 00-3941
AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT HOUSING
OVERLAY (OPDH-5) PLAN AND APPROVING A PRELIMINARY PLAN
DEVELOPMENT HOUSING OVERLAY PLAN FOR VILLAGE GREEN SOUTH
PART 5, A RESUBDIVISION OF A PORTION OF VILLAGE GREEN SOUTH
PART 3A, A 12-LOT, 3.33-ACRE RESIDENTIAL DEVELOPMENT LOCATED AT
WINTERGREEN DRIVE WEST OF SCOTT BOULEVARD.
WHEREAS, the applicant-Glasgow Willlares Real Estate has requested the City amend the
Planned Development Housing Overlay (OPDH-5) Plan approved for Village Green South Part 3A
to reconfigure North Jamie Lane as a cul-de-sac instead of a through-street, and to replat the lots
accordingly; and
WHEREAS, Village Green South Part 5 will include twelve single-family lots on 3.33 acres;
and
WHEREAS, the revised OPDH Plan will require the vacation and disposition of the
northernmost portion of North Jamie Lane to allow it to become a cul-de-sac; 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 City approval of the
vacation and disposition of the north portion of North Jamie Lane.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. Subject to City approval of the vacation and disposition of the north
portion of North Jamie Lane, the property described below is hereby redesignated as Planned
Development Housing Overlay (OPDH-5), to allow a 12-lot, 3.33-acre, single-family residential
development:
BEGINNING AT THE SOUTHWEST CORNER OF VILLAGE GREEN SOUTH - PART
3A, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT RECORDED IN BOOK 34,
AT PAGE 38, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE
THENCE N63°08'40"E, ALONG THE NORTH LINE OF VILLAGE GREEN SOUTH -
PART 4B, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN
BOOK 34, AT PAGE 41, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE, 271.56 FEET; THENCE N89°22'12"W, ALONG SAID NORTH
LINE, 278.97 FEET; THENCE N10°4'57"E, 128.24 FEET; THENCE SOUTHEASTERLY,
80.32 FEET, ALONG A 495.47 FOOT RADIUS CURVE, CONCAVE,
NORTHWESTERLY, WHOSE 80.24 FOOT CHORD BEARS S84°33'43'E; THENCE
S89°12'22"E, 111.29 FEET; THENCE SOUTHEASTERLY 227.43 FEET, ALONG A
500.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 225.48 FOOT
CHORD BEARS, S76°10'31"E; THENCE N26°51'10"E, 163.52 FEET, TO A POINT ON
THE WEST LINE OF VILLAGE GREEN SOUTH - PART 3A; THENCE N03°06'31"E,
138.25 FEET; THENCE N34°38'32"E. 121.53 FEET; THENCE N45°41'07"E. 72.50 FEET,
TO THE NORTHWEST CORNER OF LOT 8 VILLAGE GREEN SOUTH - PART 3A;
THENCE S44°18'53"E, ALONG THE NORTH LINE OF SAID LOT 8, A DISTANCE OF
111.37 FEET; THENCE S45°41'07"W, ALONG THE EAST LINE OF SAID LOT 8, A
DISTANCE OF 109.01 FEET; THENCE SOUTHWESTERLY, 78.55 FEET, ALONG A
Ordinance No. 00-3941
Page 2
50.00 FOOT RADIUS CURVE, CONCAVE, NORTHEASTERLY, WHOSE 70.72 FOOT
CHORD BEARS S00°41'07"W; THENCE SOUTHEASTERLY 64.14 FEET, ALONG THE
NORTH LINE OF LOT 10, VILLAGE GREEN SOUTH --PART 3A, AND A 402.98 FOOT
RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 64.08 FOOT CHORD
BEARS S39°45'17"E; THENCE S54°48°19"W, ALONG THE EAST LINE OF SAID LOT
10, A DISTANCE OF 119.32 FEET; THENCE S47°58'19"E, ALONG THE SOUTH LINE
OF LOT 11, A DISTANCE OF 84.35 FEET; THENCE S14°42'07"W, ALONG THE WEST
LINE OF LOT 12, A DISTANCE OF 84.96 FEET; THENCE NORTHWESTERLY 14.76
FEET, ALONG THE NORTHERLY RIGHT OF WAY LINE OF WINTERGREEN DRIVE
AND A 471.66 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 14.75
FOOT CHORD BEARS N74°24'07"W; THENCE S16°29'39"W, ALONG THE WEST LINE
OF LOT 13, VILLAGE GREEN SOUTH - PART 3A, A DISTANCE OF 195.90 FEET, TO
THE POINT OF BEGINNING SAID TRACT OF LAND CONTAINS 3.33 ACRES, AND IS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. VARIATIONS. To allow North Jamie Lane to a be a cul-de-sac, the Planning and
Zoning Commission recommended approval of a 12-1ot single-family development in accordance
with the OPDH Plan.
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 II. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION Ill. 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 Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
A db 7
Ordinance No. 00-3941
Page 3
It was moved by Vanderhoef and seconded by 0' Donnel 1 that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
× Pfab
X Vanderhoef
X Wilbum
First Consideration 5/16/00
Vote for passage: AYES: Lehmnan, O'Donne'll, Pfab,. Vanderhoef, ~lilbu~'n, Champion,
4(annex', NAYS: None. ABSENT: N6ne.
Second Consideration 6/:13/1')0
Voteforpassage:AyES: Vande~'hoef, Wilbur'n, Champion, Kanner, Lehman, O'Donnell,
Pfab. NAYS: None. ABSENT: None.
Date published 7/26/00
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE
ZONING DESIGNATION AND USE REGULATIONS OF APPROXIMATELY 57
ACRES OF LAND FROM PUBLIC/INTENSIVE COMMERCIAL (P/CI-1) TO
SENSITIVE AREAS OVERLAY-PUBLIC (OSA-P) AND APPROVING A
PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN FOR PROPERTY
LOCATED AT THE NORTH PART OF THE AIRPORT, WEST OF RIVERSIDE
DRIVE.
WHEREAS, the Airport Commission has requested that the City rezone 54 acres located on
the north side of the Iowa City Municipal Airport from P/CI-1 to OSA-P; and
WHEREAS, the proposed Sensitive Areas Overlay Zone and Sensitive Areas Development
Plan is compatible with the adjacent development and environmentally sensitive areas; and
WHEREAS, the proposed rezoning will allow commercial development of portions of the
Airport that are not needed for aviation purposes; and
WHEREAS, the Iowa City Planning & Zoning Commission has reviewed the proposed
rezoning and Sensitive Areas Development Plan and has recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. That the property legally described below is hereby reclassified
from its present classification of P/C-1 to OSA-P;
Beginning at the southeast corner of Westport Plaza, Iowa City, Iowa, in accordance
with the recorded plat thereof: N00°36'E, along the east line of Westport Plaza, 927.2
feet; Thence N89°24'W, 60.0 feet; Thence N00°36'E, 140.3 feet; Thence S89°29'E,
1041.8 feet; Thence N89°41'E, 636.5 feet; Thence N89°43'E, 491.7 feet; Thence
S16°31'E, 429.8 feet; Thence N89°35'E, 395.3 feet; Thence S12°58'E, 124.5 feet;
Thence N89°53'E, 81.5 feet, to a point on the westerly right-of-way of Riverside Drive;
Thence S12°59'E, along said westerly right-of-way line, 211.7 feet; Thence S89°49'W,
260.5 feet; Thence S89°36'W, 192.8 feet; Thence N16°31'W, 130.5 feet; Thence
S70°15'W, 1033.4 feet; Thence S73°20'W, 1321.3 feet; Thence N55°55'W, 93.1 feet;
Thence N01°05'E, 27.2 feet; Thence N00°36'E, 230.0 feet, to the point of beginning.
Said tract of land contains 57.1 acres, and is subject to easements and restrictions of
record.
SECTION II. 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 III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and
directed to certify a copy of this ordinance which shall be recorded by the City at the Office of the
County Recorder of Johnson County, Iowa, upon final passage and publication as provided by
law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the
provision of this ordinance are hereby repealed.
SECTION V. 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.
Ordinance No.
Page 2
SECTION VI. EFFECTIVE DATE. This ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this __ day of ,20
MAYOR
A'I'FEST:
CITY CLERK
Ppdadmin~ord~airport.doc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
First Consideration 6/13/00
Vote for passage: AYES: Lehman, O'Donne'l'l, Pfab, Vanderhoef, W'i'lburn,
Champion,Kanner. NAYS: None, ABSENT: None.
Second Consideration 6/20/00
Voteforpassage: AYES: Pfab, Vande~'hoef, Wi"lbu~'n, Champion, Kanner', Lehman,
O'Donne'l'l. NAYS: None. ABSENT: None.
Date published
Prepared by: John Yapp. PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO. 00-3942
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE
ZONING DESIGNATION OF 19.6 ACRES OF LAND LOCATED SOUTH OF
VILLAGE ROAD AND WEST OF SCOTT BOULEVARD FROM LOW-DENSITY
SINGLE-FAMILY RESIDENTIAL (RS-5) AND PLANNED DEVELOPMENT
HOUSING OVERLAY (OPDH-5) TO PLANNED DEVELOPMENT HOUSING
OVERLAY (OPDH-5), TO PERMIT A 10-LOT, 63-UNIT RESIDENTIAL
DEVELOPMENT WITH ONE OUTLOT.
WHEREAS, the applicant, Village Partners, has requested the City rezone 19.6 acres of land
located south of Village Road and west of Scott Boulevard; and
WHEREAS, the Comprehensive Plan indicates that this area is appropriate for residential
development at a density of two to eight units per acre; and
WHEREAS, the Comprehensive Plan encourages alternatives to single-family detached
housing; and
WHEREAS, the proposed OPDH design includes 60 condominium units clustered around a
proposed pond, and three single-family units fronting on Wintergreen Drive; 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: (1) the City conveying
Outlot B, Village Green, Part 14, a 0.35-acre parcel, to Village Partners, and (2) City receipt of a
temporary construction easement agreement from the property owner to the west and south of
the proposed development to allow the off-site grading activity associated with Village Green Parts
18-20.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from its present
classification of Low-Density, Single-Family Residential (RS-5) and Planned Development
Housing Overlay (OPDH-5) to Planned Development Housing Overlay (OPDH-5) to permit a 10-
lot, 63-unit residential subdivision:
OUTLOT "'B", VILLAGE GREEN - PART XIV, IOWA CITY, IOWA IN ACCORDANCE
WITH THE PLAT RECORDED IN BOOK 37, AT PAGE 41, RECORDS OF THE
JOHNSON COUNTY RECORDER S OFFICE.
AND ALSO;
OUTLOT "B" AND C", VILLAGE GREEN PART XV, IOWA CITY, IOWA IN
ACCORDANCE WITH THE PLAT RECORDED IN BOOK 38, AT PAGE 97, RECORDS
OF THE JOHNSON COUNTY RECORDER'S OFFICE.
AND ALSO;
OUTLOT "A", V1LLAGE GREEN -- PART XVII, IOWA CITY. IOWA IN ACCORDANCE
WITH THE PLAT RECORDED IN BOOK 41, AT PAGE 21, RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE.
AND ALSO;
BEGINNING AT THE NORTHWEST CORNER OF LOT 7, VILLAGE GREEN SOUTH -
PART 3A, IOWA CITY, IOWA IN ACCORDANCE WITH THE RECORDED PLAT IN
BOOK 34, AT PAGE 38, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S00°06'07"E, ALONG THE WEST LINE OF SAID LOT
Ordinance No. 00-3942
Page 2
7, A DISTANCE OF 70.43 FEET; THENCE S45°41'07"W, 72.50 FEET; THENCE
S34°38'32"W, 121.53 FEET; THENCE S03°05'31"W, 138.52 FEET; THENCE
S26°51'20"W, 133.52 FEET; THENCE NORTHWESTERLY 241.08 FEET, ALONG A
530.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 239.00 FOOT
CHORD BEARS N76°10'31"W; THENCE N89°12'22"W, 111.29 FEET; THENCE
NORTHWESTERLY, 75.46 FEET. ALONG A 465.47 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 75.38 FOOT CHORD BEARS N84°33'43"W; THENCE
S10°04'57"W, 60.00 FEET; THENCE NORTHWESTERLY, 685.25 FEET, ALONG A
525.47 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 637.72 FOOT
CHORD BEARS S42°33'30"E; THENCE N89'57'00"E, ALONG THE SOUTH LINE OF
VILLAGE GREEN - PART XIV, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT
RECORDED IN BOOK 37, AT PAGE 41, RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE, AND THE SOUTH LINE OF 0UTLOT "A", V1LLAGE GREEN -
PART XVII, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT RECORDED IN
BOOK X, AT PAGE X, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S
OFFICE, 102.40 FEET; THENCE N89°53'53''. ALONG SAID SOUTH LINE, 946.46 FEET,
TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 8.66 ACRES, AND
IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. RESULTANT
TRACT EQUALS 19.6 ACRES, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
SECTION II. VARIATIONS. To encourage the development of 60 attached condominium units
on 7 lots and 3 single-family units, with condominium units clustered around a pond, accessed by
22-foot wide private streets, the Planning and Zoning Commission recommended approval of the
rezoning in accordance with the OPDH plan.
SECTION Ill. 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. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions 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 unconsti-
tutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
ATTEST: C)~E~,.-~f CITY
·
Ordinance No. 00-3942
Page. 3
It was moved by 0 ' Donnel 1 and seconded by Vanderhoef that the Ordinance
as mad be adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhcef
Wilbum
First Consideration 5/16/00
Voteforpassage:AYES: Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn,
: Champion. NAYS: None. ABSENT: None.
Second Consideration 6/13/00
Voteforpassage: AYES: Pfab', Vanderhoef, Wilburn, Champion, Kanner, Lehman,
O'Donnell. NAYS: None. ABSENT: None.
Date published 7/26/00