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Home My WebLink About2001-05-03 Ordinance Prepared by: Bob Mikio, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 01-3966 ORDINANCE AMENDING THE ZONING CHAPTER BY REZONING 24 ACRES FROM P, PUBLIC TO SAO-5, SENSITIVE AREAS OVERLAY AND AMENDING THE PRELIMINARY SAO PLAN OF THE PENINSULA NEIGHBORHOOD, AN 82,1-ACRE DEVELOPMENT LOCATED AT THE WEST END OF FOSTER ROAD. WHEREAS, the City of Iowa City is the owner and legal titleholder of 82.1 acres of property located at the west end of Foster Road; and WHEREAS, on February 20, 2001, by Ordinance No. 01-3958, the City approved a sensitive areas overlay zone and sensitive areas development plan for said property; and WHEREAS, the 82.1 acres includes 24 acres upon which the Elks Golf Club holds an easement; and WHEREAS, the City wishes to amend the previously approved Sensitive Areas development plan to substitute an adjacent 24 acres for the property upon which the Elks Golf Club holds an easement; and WHEREAS, the Planning and Zoning Commission has determined that the proposed rezoning of the substituted 24 acres from P, Public, to SAO-5, and the amendment of the preliminary sensitive areas development plan to include the substituted 24 acres is in conformance with the Comprehensive Plan, and recommends approval of same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The following property is rezoned from P, Public, to Sensitive Areas Overlay, SAO-5: THAT PART OF AUDITOR'S PARCEL NO. 95080, 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 N1°39'04"W, 1317.17 FEET ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE S89°42'21"W, 562.55 FEET ALONG THE SOUTH LINE OF GOVERNMENT LOT 5 OF SAID SECTION 4, TO A NORTHEASTERLY CORNER OF SAID AUDITOR'S PARCEL NO. 97099; THENCE S89°44'39"W, 330.00 FEET; ALONG A NORTHERLY LINE OF SAID AUDITOR'S PARCEL NO. 95080; THENCE N01°37'40"W, 203.27 FEET ALONG AN EASTERLY LINE OF SAID AUDITOR'S PARCEL NO. 95080, TO THE POINT OF BEGINNING; THENCE N01°39'47"W, 778.50 FEET ALONG AN EASTERLY LINE OF SAID AUDITOR'S PARCEL NO. 95080; THENCE S76°21'45"W, 469.26 FEET ALONG A NORTHERLY LINE OF SAID AUDITOR'S PARCEL NO. 97099; THENCE N65°29'48"W, 971.46 FEET ALONG A NORTHERLY LINE OF SAID AUDITOR'S PARCEL 95080; THENCE S57°05'21"W, 772.80 FEET ALONG A NORTHWESTERLY LINE OF SAID AUDITOR'S PARCEL NO. 95080 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 S17000'58"W, 601.80 FEET; THENCE S41°29'18"W, 400.00 FEET; THENCE S32°19'39"E, 520.00 FEET; THENCE S07°44'49"E, 993.53 FEET; THENCE S56°38'56"E, 810.00 FEET; THENCE N59°50'25"E, 194.38 FEET THENCE N62°35'26"W, 230.00 FEET; THENCE N12°35'57"W, 470.00 FEET; THENCE N81°48'04"E 200.00 FEET; THENCE N08°07'42"W, 309.36 FEET TO A SOUTHWESTERLY CORNER OF AUDITOR'S PARCEL NO. 97099; THENCE N02°30'39"E, 499.39 FEET ALONG A WESTERLY LINE OF SAID AUDITOR'S PARCEL NO. 97099; THENCE N37°48'08"E, 31.58 FEET ALONG A NORTHWESTERLY LINE OF SAID AUDITOR'S PARCEL NO. 97099; THENCE N60°46'24"E,1172-27 FEET; ALONG A NORTHWESTERLY LINE OF SAID AUDITOR'S PARCEL NO. 97099; THENCE S89°59'09"E 283.72 FEET ALONG A NORTHERLY LINE OF SAID AUDITOR'S PARCEL NO. 97099 TO THE POINT OF BEGINNING AND CONTAINING 82.1 ACRES SUBJECT OT EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. PRELIMINARY SENSITIVE AREAS OVERLAY PLAN. The revised Preliminary Sensitive Areas Oveday Plan including the substituted 24 acres is hereby approved. 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- Ordinance No. 01-3966 Page 2 sions of this Ordinance am 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. Passed and approved this 3 . day of Nay ,200]. . A'I'I'EST: CL~',¢,-~2 ~ CITY CL OrdinanceNo. 01-3966 Page 3 It was moved by W i l burn and seconded by 0 ' Donne ] 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 ~{ Pfab X Vanderhoef X Wilbum First Consideration 5/1/01 Voteforpassage:AYES: Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. NAYS: None. ABSENT: None. Second Consideration .............. Vote for passage: Date published 5/11/01 Moved by Wilburn, seconded by V~nderhoef, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the seconde consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. NAYS: Kanner. ABSENT: None.