HomeMy WebLinkAbout2006-08-25 Ordinance
f\!\,1-~
C (.)'
"1- ~-,
Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ06-00001)
ORDINANCE NO. 06-4730
AN ORDINANCE CONDITIONAllY REZONING APPROXIMATELY 2.83 ACRES OF
PROPERTY LOCATED AT 4435/4455 MELROSE AVENUE FROM NEIGHBORHOOD PUBLIC
(P-1) ZONE TO NEIGHBORHOOD PUBLIC / LOW DENSITY MULTI-FAMILY RESIDENTIAL (P-
1/RM-12) ZONE.
WHEREAS, Johnson County Permanent Supportive Housing L.P., has applied for a rezoning of
approximately 2.83 acres of property located at 4435/4455 Melrose Avenue from Neighborhood Public (P-1)
to Neighborhood Public/low Density Multi-Family Residential (P-1/RM-12); and
WHEREAS, the Zoning Code specifies that before a leasehold interest in any land zoned public is
conveyed to anyone for a use other than those allowed in the Public Zone and to anyone other than the
government of the United States, the State or a political subdivision thereof, the land must be rezoned to an
appropriate zone in which the proposed use is allowed; and
WHEREAS, the property is owned by Johnson County and is being leased to the applicant, a private
entity, for development of multi-family residential dwellings intended for lease to private individuals or
entities, a use that is not allowed in the Public Zone unless the land is rezoned with an appropriate overlay
zone in which the proposed use is allowed; and
WHEREAS, the Low Density Multi-Family Residential Zone (RM-12) allows multi-family residential
dwellings at the density proposed by the applicant; and
WHEREAS, the proposed dwellings are intended to provide independent living opportunities for persons
with disabilities and development of such housing in this location is consistent with the objectives of the
Southwest District Plan and the Johnson County Poor Farm Planning Study; and
WHEREAS, Iowa Code !l414.5 (2005) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning, and has
recommended approval subject to conditions; and
WHEREAS, the conditions recommended by the Commission are related to the location of vehicular
access to the subject property from Melrose Avenue and appropriate landscape screening/buffering from
State Highway 218; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure public safety along Melrose Avenue, an arterial street; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure privacy of residential dwellings located in close proximity to State Highway 218, a
freeway.
NOW, therefore, be it ordained by the city council of the City of Iowa City, Iowa:
SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement
attached hereto and incorporated herein, the property described below is hereby reclassified from
Neighborhood Public (P-1) to Neighborhood Public with a Low Density Multi-Family Residential Zone
Overlay (P-1/RM-12):
A PORTION OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF
SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY
OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2005055
COMMENCING AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA;
THENCE N89038'29'W, ALONGTHE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF
SAID SECTION 13, A DISTANCE OF 720.34 FEET; THENCE SOoo04'20"E, 79.27 FEET TO A
POINT ON THE SOUTHERLY LINE OF A RIGHT-OF-WAY PLAT EXHIBIT A-2 AS RECORDED
IN DEED BOOK 602 AT PAGE 75 IN THE RECORDS OF THE JOHNSON COUNTY
RECORDER; THENCE S86021'03"E, ALONG SAID SOUTHERLY LINE, 50.42 FEET; THENCE
Ordinance No. 06-.423Q
Page 2
S75027'04"E, ALONG SAID SOUTHERLY LINE, 388.95 FEET; THENCE S18053'56"E, ALONG
SAID SOUTHERLY LINE, 188.70 FEET; THENCE S47"10'34"E, ALONG SAID SOUTHERLY
LINE, 52.80 FEET; THENCE S89055'40"W, 526.25 FEET; THENCE NOoo04'20'W, 316.00 FEET
TO THE POINT OF BEGINNING, CONTAINING 2.83 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 by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional
Zoning Agreement between the property owners, the applicant, and the City of Iowa City.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed
to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the applicant'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 25thdayof Au~ust
, 20-11L.
ATTEST: ??ktA'~ tf. ~
CITY ERK
7/~ lOb
Ordinance No.
Page ----.:L
06- 423D
It was moved by Correia and seconded by
as read be adopted, and upon roll call there were:
Chamuion
that the Ordinance
AYES: NAYS: ABSENT:
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
x
x
x
First Consideration ---- -- - - ------
Vote for passage:
Second Consideration P./??/06
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef,
Wilburn, Bailey. NAYS: None. ABSENT: None.
Date published q /1/06
Moved by Correia, seconded by O'Donnell, that the rule requlrlng 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 first consideration be waived and the
ordinance be given second consideration at this time. AYES: Bailey, Champion, Correia,
Elliott, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None.
Prepared by: Karen Howard, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 (REZ06-00001)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Johnson County Permanent Supportive Housing, l.P. (hereinafter
"Applicant") and County of Johnson County, Iowa (hereinafter "Owner"); and
WHEREAS, Owner is the iegal title holder of approximately 2.83 acres of property, legally
described below; and
WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property
from Neighborhood Public (P-1) to Neighborhood Public with a low Density Multi-Family
Residential Zone Overlay (P-1/RM-12); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the location of vehicular access to the subject property from Melrose
Avenue and appropriate landscape screening/buffering from State Highway 218, the timing of
the rezoning is appropriate and the low density multi-family zoning is in conformance with the
Comprehensive Plan; and
WHEREAS, Iowa Code S414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure public safety along Melrose Avenue, an arterial street; and
WHEREAS, the Owner and Appiicant acknowledge that certain conditions and restrictions are
reasonable to ensure privacy of residential dwellings located in close proximity to State Highway
218, a freeway; and
WHEREAS, Owner and Applicant agree to use this property in accordance with the terms and
conditions of a conditional zoning agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. County of Johnson County, Iowa is the legal title holder and Johnson County Permanent
Supportive Housing l.P. is the applicant for a rezoning of the property legally described
as follows:
A PORTION OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-
QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH
PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE
PARTICULARLY DESCRIBED AS FOllOWS:
AUDITOR'S PARCEL 2005055
COMMENCING AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 79
NORTH, RANGE 7 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON
COUNTY, IOWA; THENCE N89"38'29"W, AlONGTHE NORTH LINE OF THE
NORTHEAST ONE-QUARTER OF SAID SECTION 13, A DISTANCE OF 720.34 FEET;
1
THENCE SOoo04'20"E, 79.27 FEET TO A POINT ON THE SOUTHERLY LINE OF A
RIGHT-OF-WAY PLAT EXHIBIT A-2 AS RECORDED IN DEED BOOK 602 AT PAGE
75 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE
S86021'03"E, ALONG SAID SOUTHERLY LINE, 50.42 FEET; THENCE S75027'04"E,
ALONG SAID SOUTHERLY LINE, 388.95 FEET; THENCE S18053'56"E, ALONG SAID
SOUTHERLY LINE, 188.70 FEET; THENCE S47"10'34"E, ALONG SAID SOUTHERLY
LINE, 52.80 FEET; THENCE S89055'40"W, 526.25 FEET; THENCE NOoo04'20"W,
316.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2.83 ACRES AND IS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential
development that conforms to the principles of the Comprehensive Plan. Further, the
parties acknowledge that Iowa Code 9414.5 (2005) provides that the City of Iowa City
may impose reasonable conditions on granting an applicant's rezoning request, over and
above the existing regulations, in order to satisfy public needs caused by the requested
change, including provisions for street access and for buffering the noise and negative
visual aspects of freeways from residential development. Therefore Owner and Applicant
agree to certain conditions over and above City regulations as detailed below.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
Zoning Title, and that no new access points to Melrose Avenue will be granted for the
subject property and vehicular access to the subject property will be provided by utilizing
and sharing the existing access points to Melrose Avenue from the Owner's property
located directly west of the subject property.
4. In consideration of the City's rezoning the subject property, the Applicant agrees to
establish, prior to issuance of an occupancy permit, a vegetative buffer/screen of
. deciduous and evergreen trees and shrubs, according to a landscaping plan approved
by the City, along the subject property's east property boundary, said boundary being
adjacent to State Highway 218.
5. The Owner, Applicant, and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code 9414.5 (2005), and that
said conditions satisfy public needs that are caused by the requested zoning change.
6. The Owner, Applicant, and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform to the
terms of this Conditional Zoning Agreement unless and until the overlay zoning district is
removed.
7. 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 with title to the land unless or until released of record by the
City of Iowa City or the overlay zoning district is removed.
8. The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives. and assigns of the parties.
9. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
2
local, state, and federal regulations.
10. 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 at the Applicant's expense.
Dated this 25th day of August, 2006.
COUNTY OF JOHNSON COUNTY, IOWA
tern
M'~~~
Mike Lehman
Chairperson, County Board of Supervisors
Attest:
Attest: I~ S~
~ e.B.:... W."".A f)~
AuditorlDesignee
)
) ss:
JOHNSON COUNTY )
On this dSA day of Au~<n , A.D. 20 o,b, before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared ~;...&; Ioy,. and
Marian K Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayot'~tcr City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealecJ.on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor"li~a"City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
i SONDRAEFORT
o 'J:. Commission Number 159791
. . My Commission_Expires
3 -7- 0'1
STATE OF IOWA
~~
Notary Public in and for the State of Iowa
My commission expires:
3
County of Johnson County Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
~~:ij\o\L oS(<-
i l'
. .
lOW'"
~- \
Notary Public in and for the State of Iowa
My commission expires: " - II. -...
Johnson County Permanent Supportive Housing L.P. Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this l"-tI. day of A ~ ~l- , A.D. 200Co ,before me, the undersigned,
a Notary Public in and for the stlte of Iowa, personally appeared Tim N. Sm~h, to me personally
known, who, being by me duly sworn, did say that he is the President of Chatham Oaks, Inc., the
General Partner of Johnson County Permanent Supportive Housing Limited Partnership,
executing the within and foregoing instrument to which this is attached, that said instrument was
signed on behalf of said corporation by authority of its Board of Directors; and that the said Tim N.
Smith as such officer acknowledged the execution of said instrument to be the voluntary act and
deed of said corporation, by it and by him voluntarily executed.
ii'Al ~
U To
. .
0"-
STEVEN E. BALLARD
COMMISSION NO. 161385
MY COMMISSION EXPIRES
_~. I
Notary Public in and for said County and State
My commission expires:
4