HomeMy WebLinkAbout1995-02-14 OrdinanceDEFEATED
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CONDITIONALLY CHANGING
THE USE REGULATIONS OF 61.96 ACRES OF
LAND LOCATED SOUTH OF WHISPERING
PRAIRIE DRIVE FROM RS-8, MEDIUM DENSITY
SINGLE-FAMILY RESIDENTIAL, TO RFBH,
FACTORY BUILT HOUSING RESIDENTIAL.
WHEREAS, the property owner, Lake Calvin
Properties, has requested the City rezone
61.96 acres of land located south of
Whispering Prairie Drive from RS-8, Medium
Family Residential, to RFBH, Factory Built
Housing Residential; and
WHEREAS, the applicant proposes to develop
a manufactured housing subdivision on the
subject property; and
WHEREAS, the subject property is located
adjacent to an existing Medium Density Single-
Family Residential subdivision; and
WHEREAS, Iowa law provides that the City
of Iowa City may impose reasonable conditions
on granting the applicant's rezoning request,
over and above existing regulations, to satisfy
public needs directly caused by the requested
change; and
WHEREAS, the City wishes to ensure that
the proposed manufactured housing subdivision
is compatible with the adjacent residential
development in terms of density and street
design; and
WHEREAS, the proposed rezoning to allow
the development of a manufactured housing
subdivision is compatible with adjacent
development and the Comprehensive Plan for
the area provided that the conditions contained
in the Conditional Zoning Agreement are
adhered to; and
WHEREAS, the Applicant acknowledges that
certain conditions and restrictions are
reasonable to ensure appropriate urban
development on the southeastern edge of Iowa
City; and
WHEREAS, the Applicant has agreed to
develop this property in accordance with the
terms and conditions of the Conditional Zoning
Agreement to ensure appropriate urban
development on the southeastern edge of Iowa
City.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Ordinance No.
Page 2
SECTION h APPROVAL. Subject to Iowa Code
§ ¢14.5 (1993) and the terms and conditions of
the Conditional Zoning Agreement, attached
hereto and incorporated by reference herein,
the property described below is hereby
reclassified from its present classification of
RS-8, Medium Density Single-Family
Residential, to RFBH, Factory Built Housing
Residential:
A tract of land in the west half of the
Northwest Quarter of Section 25,
Township 79 North, Range 6 West of
the Fifth Principal Meridian, described
as:
Beginning at the northwest corner of
Section 25; thence N88°21'05"E,
1244.42 feet along the north line of
Section 25 to a point on the west line
of the sanitary sewer easement
recorded in Book 1053, Page 40, of the
Johnson Country Recorder's records;
thence S0°09'O2"E, 1618.31 feet
along said west line; thence
S76°51'50"W, 135.62 feet; thence
S50°55'36"W, 231.50 feet; thence
S41°54'27"W, 388.36 feet; thence
S32°46'33"W, 698,64 feet to a point
on the south line of the Northwest
Quarter of Section 25; thence
S88°50'25"W, 292.04 feet to the
West Quarter Corner of Section 25;
thence NO°08'49"W, 2641.60 feet to
the Point of Beginning. Said tract
contains 61.963 Acres, more or less.
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
final passage, approval and publication of this
Ordinance as provided by law.
SECTION IIh 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 IV. CERTIFICATION AND
RECORDING. The City Clerk is hereby
authorized and directed to certify a copy of this
Ordinance and Conditional Zoning Agreement
for recordation in the Johnson County
Ordinance No.
Page 3
Recorder's Office upon passage and approval
of this Ordinance.
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
MAYOR
ATTEST:
CITY CLERK
Ordinance No.
Page
It was moved by and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Baker
Horowitz
Kubby
Lehman
Novice
Pigott
Throgmorton
that the Ordinance
First Consideration 2 / ! 4/9 5 DEFEATED
Vote for passage: AYES: None NAYS: Horowitz, Kubby, Lehman, NovicE,
Pigott, Throgmorton, Baker. ABSENT: None.
Second Consideration
Vote for passage:
Date published
CONDITIONAL ZONING AGREEMENT
THIS AGREEMi--NT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City") and Lake Calvin Properties, an Iowa General Partnership
(hereinafter "Owner").
WHEREAS, Owner has requested the City rezone approximately 62 acres offand located south
of Whispering Prairie Drive from RS-8, Medium Density Single-Family Residential to RFBH,
Factory Built Housing Residential; and
WHEREAS, the proposed rezoning will allow the development of a manufactured housing
subdivision adiacent to an existing medium density residential subdivision; and
WHEREAS, Iowa Code § 414.5 (1993) provides that the City of Iowa City may impose
reasonable conditions on granting Owner's rezoning request, over and above existing
regulations, in order to satisfy public needs directly caused by the requested change; and
WHEREAS, the City wishes to ensure that the proposed manufactured housing subdivision is
compatible with the adjacent residential development in terms of density and street design; and
WHEREAS, the proposed rezoning to allow the development of a manufactured housing
subdivision is compatible with adjacent development and the Comprehensive Plant for the area
provided that certain conditions are adhered to; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to
ensure appropriate urban development on the southeastern edge of Iowa City; and
WHEREAS, the Applicant has agreed to develop this property in accordance with certain terms
and conditions to ensure appropriate urban development on the southeastern edge of Iowa
City.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree
as follows:
Lake Calvin Properties is the owner and legal title holder of property located south of
Whispering Prairie Drive which property is more particularly described as follows:
A tract of land in the west half of the Northwest Quarter of Section
25, Township 79 North, Range 6 West of the Fifth Principal
Meridian, described as:
Beginning at the northwest comer of Section 25; thence
N88°21'05"E, 1244.42 feet along the north line of Section 25 to
a point on the west line of the sanitary sewer easement recorded
in Book 1053, Page 40, of the Johnson Country Recorder's
records; thence S0°09'02"E, 1618.31 feet along said west line;
thence S76°51'50'W, 135.62 feet; thence S50°55'36'W, 231,50
feet; thence S41°54'27'W, 388.36 feet; thence S32°46'33'W,
698.64 feet to a point on the south line of the Northwest Quarter
of Section 25; thence S88°50'25'~/V, 292.04 feet to the West
Quarter Comer of Section 25; thence N0°08'49'~/V, 2641.60 feet
to the Point of Beginning. Said tract contains 61.963 Acres, more
or less.
-2-
Owner acknowledges that the City wishes to ensure that development of the subject
property is compatible with adjacent properties which are zoned RS-8. Therefore, Owner
agrees to certain conditions over and above City regulations in order to ensure that
development of the subject properly is compatible with adjacent properties and to
ensure appropriate urban development on the southeastern edge of Iowa City.
In consideration of the City's rezoning the subject property from RS-8 to RFBH, Owner
agrees that development and use of the subject property will conform to all requirements
of the RFBH zone as well as the following additional conditions:
Development of the property shall be subject to subdivision approval pursuant
to the Iowa City City Code, and shall include the extension of Whispering Prairie
Drive to the proposed east/west parkway along the southern boundary of the
property.
The density of development of the subject property shall not exceed eight
dwelling units per acre.
Development of the property shall be subject to the design and implementation
of a landscape plan with special emphasis on a buffer strip and vegetative
screening along the north boundary of the property. The design of the
landscaping plan shall be approved by the Director of Planning and Community
Development pdor to final subdivision approval.
Development of the subject property shall be subject to all conditions contained
in the Conditional Zoning Agreement entered into between the City and the
Sycamore Farms Company recorded in the Johnson Country Recorder's Office
at Book 1793, Page 220-223.
The Owner acknowledges that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code § 414.5 (1993), and that said
conditions satisfy public needs which are directly caused by the requested zoning
change.
The Owner 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.
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 turthc,' acknowledge that th!s Agreement shall inure
to the benefit of and bind all successors, representatives and assigns of the Parties.
Owner 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.
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.
-3-
Dated this _.
.. day of
LAKE CALVIN PROPERTIES
Stephen F. Bright Susan M. Horowitz, Mayor
General Partner
, 1995.
CITY OF IOWA CITY
Attest:
STATE OF IOWA
SS:
JOHNSON COUNTY
Marian K. Karr, City Clerk
On this day of ,1995, before me,
, a Notary Public in and for the State of Iowa, personally appeared Susan M.
Horowitz and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did
say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the
seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of its City Council,
as contained in Ordinance No. passed by the City Council on the
day of ,19 ., and that and Marian K. K~rr
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF 10WA )
)SS:
JOHNSON COUNTY )
On this,.'~ day ofL/~J~, 1995~ before me the undersigne.d, a Notary Public in
and for said State, personally app~,d ..~p~ ~ ,~-.z~;~..Z~ , who
being by me duly swom did say that he is a padn~r of Lake Calvin Propertf~s, an Iowa General
Partnership, and that th.,e.instrument.was sig, n.ed on behalf of said partnership by authority of
its partners; and that j~::~7'-~ ~ ~ acknowledges the execution of the
instrument to be the voluhtary act and deed of~ake Calvin Properties and by said partnership
to be voluntarily executed.
MY COM~,~IS $10N EX?IR ES
p~admin~lkcaNn,cza
N~Pub ic in n~J'for the...Sf'ate of Iowa
ORDINANCE NO. 95-3668
AN ORDINANCE AMENDING THE ZONING
ORDINANCE 'BY CHANGING THE USE
REGULATIONS OF APPROXIMATELY 0.32
ACRES OF LAND LOCATED AT 719 S.
CAPITOL STREET, IOWA CITY, IOWA FROM
C1-1, COMMERCIAL INTENSIVE, TO P, PUBLIC.
WHEREAS, the property owner, Johnson
County, Iowa, has requested that the City
rezone approximately 0.32 acres of land
located at 719 S. Capitol Street, Iowa City,
Iowa, from C1-1, Commercial Intensive, to P,
Public; and
WHEREAS, the new zoning classification is
consistent with the zoning classifications of
other publicly owned facilities; and
WHEREAS, the new zoning classification is
consistent with the highest and beet use of the
subject property.
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 reclassified from its
present classification of C1-1, Commercial
Intensive, to P, Public:
Lot 3, the north 7.5 feet of Lot 4 and the east
one*half of a vacated alley abutting the
western boundary line of Lot 3 and the North
7.5 feet of Lot 4; all being in Block 15 in that
part of Iowa City, Iowa, known as the County
Seat of Johnson County, Iowa.
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
owner 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. 95-3668
Page 2
SECTION Vl. EFFECTIVE DATE. This
Ordinance shall be in affect after its final
passage, approval and publication, as required
by law.
Passed and approved this 1/4th day of
February, 1995.
CITY CLERK
_..CiA~rney,s~by'.
ppadmin~719Cap.ord
.Ordinance No. 95-3668
Page 3
It was moved by pt ~.n~ and seconded by ?hrngmnrt'on
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigoft
Throgmorton
that the Ordinance
First Consideration 1/31/95
Vote for passage: AYES.' Kubby, Lehman, Novick; Pigott, Throgmorton,
Baker, Horowitz. NAYS: None. ABSENT, None.
Second Consideration
Vote for passage:
Date published 2/22/95
Moved by Pigott, seconded by Novick, that the rule requiring
ordinances to be considered and voted on for ~assage at two
council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be waived
and the ordinance be voted upon for fianl passage at this time.
ORDINANCE NO. 95-3669
AN ORDINANCE AMENDING TITLE 14, CHAP-
TER 6, ENTITLED "ZONING," OF THE CiTY
CODE BY REVISING ARTICLE N, ENTITLED
"OFF-STREET PARKING AND LOADING,"
SECTION 1, ENTITLED "OFF-STREET PARKING
REQUIREMENTS," TO SPECIFY CONSTRUC-
TION MATERIALS FOR REQUIRED HARD-
SURFACE PARKING AREAS.
WHEREAS, City Code Section 14-6N-IS1
requires perking and stacking spaces, drives
and aisles to be constructed of asphalt, con-
crete or similar permanent, dust-free surface;
and
WHEREAS, recently, questions have been
raised about what materials can be used to
constitute a similar permanent, dust-free sur-
face; and
WHEREAS, parking surfaces that degenerate
in a relatively short period of time create public
and private maintenance problems, public
safety hazards, and cumulative environmental
degradation; and
WHEREAS, it is therefore in the public inter-
est to specify construction materials for hard-
surfaced parking areas that are durable and
practical surfaces to maintain for parking pur-
poses.
NOW, THEREFORE, BE IT ORDAINED 8Y THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION h AMENDMENT. Title 14, Chapter
6, Article N, Section 1, entitled "Off-Street
Parking Requirements," of the City Code be
hereby amended by repealing Section 14-6N-
181, "Construction," and adding a new Section
14-6N-181, "Construction," to read as follows:
Section 14*6N-IS1. Construction: All
parking and stacking spaces, drives and
aisles shall be constructed of asphaltic
cement concrete, Portland cement con-
crete, or manufactured paving materials,
such as brick, except for drives and aisles
serving single-family dwellings or duplexes
which abut and access Woodlawn Avenue
or a nonhard surface alley. The City Build-
ing Official may permit materials other
than asphaltic cement concrete, Portland
cement concrete or manufactured paving
materials such as brick, but excluding
Ordinance No. 95-3669
Page 2
crushed rock or chipseal surfaces, for
parking areas and drives if the resultant
paving provides a similar, durable, perma-
nent hard surface.
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 Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 14th day of
February, 1995.
CITY
b'"
Ordinance No. 95-3669
Page 3
It was moved by Novick and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
x
x
, ~
X
Baker
Horowilz
Kubby
Lehman
Novick
· Pigoft
· Thingmorton
Kubbv that the Ordinance
First Consideration 1 / 17/95
Vote for passage: AYES: Horowitz, Kubby, Lehman, Novick, Pigott,
Throgmorton, Baker. NAYS: None. ABSENT: None.
Second Consideration ~/'~l/~5
Vote f or passage: AYES: Lehman, Novick, Pigott, Throgmorton, Baker,
Horowitz, Kubby. NAYS: None. ABSENT: None.
Date published 2/22/95
ORDINANCE NO. 95-3670
ORDINANCE AMENDING TITLE 14, CHAPTER
6, ENTITLED "ZONING," OF THE CITY CODE
BY REVISING ARTICLE E, ENTITLED =COM-
MERClAL AND BUSINESS ZONES," SECTION
6, ENTITLED "CENTRAL BUSINESS SERVICE
ZONE (CB-2)," TO CLARIFY THE DENSITY
REQUIREMENT FOR DWELLING UNITS IN THE
CB-2 ZONE.
WHEREAS, dwelling units are a provisional
use permitted above or below the ground floor
of a commercial use within the CB-2 zone; and
WHEREAS, the City Code requires that
dwelling units in the C8-2 zone shall be devel-
oped in accordance with the dimensional re-
quirements of the PRM zone; and
WHEREAS, strictly interpreted, this provision
of the Code would result in setbacks of 20 feet
from the front property line, and five feet from
the side lot line l'or second story residential
units; and
WHEREAS, the intent of this section of the
Code is to set the density requirements, not the
dimensional requirements, for dwelling units in
the CB-2 zone; and
WHEREAS, the proposed Code amendment
will clarify the density requirements for dwell-
ing units in the CB-2 zone.
NOW, THEREFORE, BE IT ORDAIN ED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION IAMENDMENT. Title 14, Chapter 6,
Article E, Section 6, entitled "Central Business
Service Zone (CB-2)," of the City Code is
hereby amended by repealing Section 14-6E-
6Cl, "Dwellings," and adding a new section
14-6E-6Cl, "Dwellings," to read as follow:
Section 14-6E-6Cl. Dwellings locat-
ed above or below the ground floor of
a structure in which the ground floor
is occupied exclusively by another
principal use or uses permitted in this
zone, provided there is a minimum lot
area of 875 square feet per dwelling
unit. A maximum of three (3) room-
ers may reside in each dwelling unit.
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
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 No. 95-3670
Page 2
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this .l.4th day of
February, 1995.
Ordinance No. 95-3670
Page 3
It was moved by Lehman and seconded by
as read be adopted, and upon roll call there were:
Novick
AYES: NAYS: ABSENT:
x . Baker
x Horowitz
x Kubby
x Lehman
x . Novick
X Pigott
. X . Thingmorton
that the Ordinance
First Consideration 1/17/95
Vote for passage: AYES: Kubby, Lehman, Novick, Pigott, Throgmorton,
Baker, Horowitz. NAYS: None. ABSENT: None.
Second Consideration 1/31/95
Vote for passage: AYES: Novick, Pigott, Throgmorton, Baker, Horowitz,
Kubby, Lehman. NAYS: None. ABSENT: None.
Date published 2/22/95