HomeMy WebLinkAbout2006-01-23 Ordinance
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Prepared by: Sunil Terdalkar, PCD, 410 E Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ05-00020)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 10.41 ACRES FROM LOW DENSITY SINGLE-
FAMILY RESIDENTIAL ZONE (RS-5) TO SENSITIVE AREAS OVERLAY/LOW DENSITY
SINGLE-FAMILY RESIDENTIAL ZONE (OSAlRS-5) FOR PROPERTY LOCATED EAST OF
HIGHWAY 218 AND SOUTH OF MELROSE AVENUE
WHEREAS, Dav-Ed Limited has applied for a rezoning of approximately 10.41 acres of property from
RS-5 to OSAlRS-5; and
WHEREAS, said property is located on the south side of Melrose Avenue and east of Highway 218; and
WHEREAS, the South District Plan identifies the area as appropriate for low to medium density single-
family residential development; and
WHEREAS, the applicant requested a waiver from the subdivision regulation of maximum street length
of a cul-de-sac street, to minimize the disturbance of the sensitive areas on the property and therefore
requires the rezoning to sensitive area overlay zone; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has heard
public input, and has recommended approval.
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 Low Density
Single-Family Residential Zone (RS-5) to Sensitive Areas Overlay/Low Density Single-Family Residential
Zone (OSAlRS-5) and the associated Sensitive Areas Development Plan is hereby approved:
Commencing at the Northeast Corner of the Fractional Northwest Quarter of Section 18, Township 79
North, Range 6 West, of the Fifth Principal Meridian; Thence S890D07'30"W (A recorded bearing), along
the North Line of said Fractional Northwest Quarter, 1031.10 feet, to the Northwest Corner of Galway Hills
Subdivision, Part Two, in accordance with the Recorded Plat thereof; Thence SOooD30'00"E, along the
West Line of said Galway Hills Subdivision, Part Two, a distance of 44.00 feet; Thence S570D15'00'W,
along said West Line, 201.06 feet to Point of Beginning; Thence S320D47'55"E, along said West Line,
206.73 feet; Thence S210D37'22"E, along said West Line, 542,61 feet; Thence S130D40'39"E, along said
West Line, 85.91 feet; Thence S37"D34'14"W, along said West Line, 70.34 feet; Thence S420D41'26"W,
along said West Line, 50.00 feet; Thence Southeasterly, 112.56 feet, along said West Line on a 179.64
foot radius curve, concave Northeasterly, whose 110.73 foot chord bears S650D15'35"E; Thence
S060D47'23'W, along said West Line, 155.65 feet, to the Southwest Corner thereof, and a Point on the
North Line of Galway Hills Subdivision, Part Three, in accordance with the Recorded Plat thereof; Thence
S420D41'26'W, along said North Line, 54.27 feet, to the Northwest Corner thereof, and a Point on the
Easterly Right-of-Way Line of Primary Road No. 518 (218); Thence N470D13'15'W, along said Easterly
Right-of-Way Line, 463.34 feet; Thence N410D31'43"W, along said Easterly Right-of-Way Line, 162.11
feet; Thence N430D21'50"W, along said Easterly Right-of-Way Line, 189.34 feet; Thence N30oD16'13'W,
along said Easterly Right-of-Way Line, 365.14 feet; Thence N250D31'06"W, along said Easterly Right-of-
Way Line, 180.67 feet, to its intersection with the Southerly Right-of-Way Line, of Melrose Avenue;
Thence N880D08'02"E, along said Southerly right-of-way Line, 387,90 feet; Thence N840D47'00"E, along
said Southerly Right-of-Way Line, 121.65 feet, Thence N570D15'00"E, along said Southerly Right-of-Way
Line, 35.44 feet, to the Point of Beginning. Said Tract of Land contains 10.41 acres, more or less, 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 by law.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance and
the associated Sensitive Areas Development Plan, the City Clerk is hereby authorized and directed to
Ordinance No.
Page 2
certify a copy of this ordinance and the Sensitive Areas Development Plan 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 provisions of this
Ordinance are hereby repealed.
SECTION VI. 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 VII. 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
ATTEST:
CITY CLERK
Approved by
It-aKZ
Ci y Attorney's Office
(z-h /p,,-
ppdadm/ord/REZOS-00020.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 1/10/06
Vote for passage: AYES: Champion, Correia, Elliott, e'Donnell, Vanderhoef,
Wilburn, Bailey. NAYS: None. ABSENT: None.
Second Consideration 1/23/06
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia,
Elliott. NAYS: None. ABSENT: None.
Date published