HomeMy WebLinkAbout1994-03-29 Ordinance
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ORDINANCE NO, 94-3611
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY APPROVING THE REVISED
PRELIMINARY PLANNED DEVELOPMENT
HOUSING PLAN (PDHI FOR WALNUT RIDGE,
PARTS 5.9, AN APPROXIMATE 85.32 ACRE
TRACT OF LAND LOCATED NORTH OF
MELROSE AVENUE ON KENNEDY PARKWAY.
WHEREAS, the subject property, located
north of Melrose Avenue on Kennedy Parkway,
is presently conditionally zoned OPDH.1, Rural
Residential Planned Development Housing, to
permit the development of the property for a
large lot, residential planned housing
development; and
WHEREAS, Southgate Development
Company has submitted a revised preliminary
POH plan for the subject property; and
WHEREAS, the lot layout and street
configuration of the revised preliminary PDH
plan differ significantly from the approved
preliminary PDH plan; and
WHEREAS, Section 36-48(dl of the Code of
Ordinances for the City of Iowa City, Iowa
provides that material changes in an approved
preliminary PDH plan shall be subject to the
approval procedures set forth in Section 36-
48(bl; and
WHEREAS, it is the intent of the Council that
the property remain subject to the terms and
conditions of the Conditional Zoning
Agreement, approved on January 8, 1991, by
Ordinance No, 91-3485 and recorded in Book
1197, Page 107 of the Johnson County
Recorders Office,
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The property
described below shall retain its classification of
OPDH-1, subject to the terms and conditions
set forth in the Conditional Zoning Agreement
approved on January 8, 1991, by Ordinance
No, 91-3485, and the revised preliminary PDH
plan submitted by Southgate Development
Company for Walnut Ridge, Parts 5-9, is
hereby approved:
Commencing at the Southwest Corner of
the Southeast Quarter of the Southwest
Fractional Quarter, of Section 7, Township
79 North, Range 6 West, of the Fifth
Principal Meridian; Thence NOo023'09"E,
along the West Line of the East One-Half of
the West Fractional One-Half of said
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Ordinance No, 94-3611
Page 2
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Section 7, 2315,58 feet, to the Point of
'Beginning; Thence continuing
NOoo23'09"E, along said West Line,
2987.83 feet, to the Northwest Corner, of
the Northeast Quarter, of the Northwest
Fractional Quarter, of said Section 7;
Thence N88030'17"E, along the North Line
of said Northeast Quarter of the Northwest
Fractional Quarter, 1320,00 feet, to the
Northeast Corner thereof; Thence
SOoo22'54"W, along the East Line of said
East One-Half of the West Fractional One-
half of said Section 7, 2687,31 feet;
Thence S73032'25"W, 239.51 feet;
Thence S16027'35"E, 55.49 feet; Thence
S73032'25"W, 161.46 feet; Thence
N78015'03"W, - 235.85 feet; Thence
N04057'17"E, 89.48 feet; Thence
S67017'52"W, 791,07 feet, to the Point
of Beginning. Said Tract of land contains
85.32 Acres, more or less, and is subject
to easements and restrictions of record,
SECTION II. VARIATIONS. The following
variations from the requirements of the RR-1
zone have been approved as part of this revised
preliminary PDH plan:
A, Reduction of the right-of-way width of
Kennedy Parkway, a collector street, from
66 feet to a minimum of 60 feet,
B, Modification of the City's street standards
and specifications for collector streets to
permit a pavement width of 28 feet, back
of curb to back of curb, for the undivided
portions of Kennedy Parkway. Where the
two lanes of this street are separated by
vegetative islands, each of the divided
lanes shall be a minimum of 22 feet back
of curb to back of curb,
C, Reduction of the pavement width for all
other streets from 28 feet to 25 feet, back
of curb to back of curb,
D. Reduction of the pavement width for all
cul.de-sac loops to a minimum of 22 feet,
back of curb to back of curb.
E. Variation of the cul.de-sac street limit of
900 feet for Shagbark Court and Chestnut
Court,
F. No provision for public sidewalks adjacent
to streets within the subdivision, except
Kennedy Parkway.
G. Kennedy Parkway shall have a four foot
wide sidewalk, constructed by the
developer, on only one side of the proposed
right-of-way, This walk shall be continuous
from a point on Melrose Avenue to the
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Ordinanca No. 94-3611
Page 3
point where Kennedy Parkway intersects
the West boundary of the subdivision,
H. Reduction of the minimum lot width for Lot
68 from 80 feet to 40 feat.
SECTION III, CONDITIONAL ZONING
AGREEMENT, The Conditional Zoning
Agreement for the subject property dated
March 19, 1990, approved by Ordinance No,
91-3487 on January 8,1991, and recorded on
January 10, 1991, in Book 1197, Page 107
shall remain in full force and effect,
SECTION IV. CERTIFICATION AND
RECORDING. The Mayor is hereby authorized
and directed to sign, and the City Clerk to
attest and to certify the Ordinance for
recordation in the Johnson County Recorder's
Office,
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 29th day of
March, 1994. -,
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MAYOR
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Ordinance No. q4-%11
Page 4
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It was moved by Kubby and seconded by
as read be adopted, and upon roll call1here were:
Pigott
that the Ordinance
AYES: NAYS: ABSENT:
x Baker
x Horowitz
x Kubby
x Lehman
x Novick .'
x Pigott
x Throgmorton
First Consideration
Vote for passage:
Novick, Pigott.
3/8/94
AYES: Baker, Horowitz, Kubby, Lehman,
NAYS: Throgmorton. ABSENT: None.'
Second Consideration
Vole for passage:
Date published
4/6/94
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Moved by Pigott, seconded by Baker, 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 second con-
sideration and vote be waived and the ordinance be voted upon for final
passage at this time. AYES: Kubby, Lehman, Novick, Pigott, Baker,
Horowitz. NAYS: Throgmorton. ABSENT: None.
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ORDINANCE NO. 94-3612
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CONDITIONALLY CHANGING
THE LAND USE REGULATIONS OF
APPROXIMATELY 12,5. ACRES OF LAND
LOCATED WEST OF SYCAMORE STREET AND
SOUTH OF BURNS AVENUE FROM ID-RS TO
RS-5.
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. WHEREAS, the Owner, Helen Jensen and the
Applicant, Frantz Construction, Inc., have
requested the City to rezone approximately
12.5 acres of land located west of Sycamore
Street and south of Burns Avenue from ID-RS,
Interim Development Single-Family Residential,
to RS.S, Low-Density Single-Family Residential;
and
WHEREAS, the subject tract is in an area
which the Comprehensive Plan designates for
low density single-family development; and
WHEREAS, the Planning and Zoning
Commission recommended approval of the
requested rezoning subject to conditions
relating to drainage of the property,
neighborhood open space, and pedestrian
walkways; and
WHEREAS, Iowa law provides that the City
of Iowa City may impose reasonable conditions
on granting a rezoning request over and above
existing regulations, to satisfy public needs
directly caused by the requested change; and
WHEREAS the conditions proposed by the
Planning and Zoning Commission are necessary
to ensure proper drainage from the subject
property and to ensure the provision of
adequate open space and pedestrian walkways;
and
WHEREAS, Owner and Applicant have
agreed to the terms and conditions contained in
the Conditional Zoning Agreement, attached
hereto and made a part .hereof by this
reference; and
WHEREAS, Owner and Applicant
acknowledge that the terms and conditions
contained in the Conditional Zoning Agreement
are reasonable to impose on the land under
Iowa Code ~414,5(19931 and satisfy public
needs directly caused by the requested zoning
change.
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 attached Conditional
Zoning Agreement es authorized by Section
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Ordinanca No. ,94-3612
Page 2
414,5, Code of Iowa (19931, the property
described below is hereby reclassified from its
present classification of ID-RS, Interim
Development Single-Family Residential, to RS-
5, Low Density Single-Family Residential:
The south half of the following-
described property, to be rezoned from
ID.RS to RS-5 (the north half exists as
RS-5):
The north twanty-five (25) acres of
the following-described property: the
east Yz of the southwest ~ and the
,east five (51 acres of the west Yz of the
southwest ~ of Section 23, Township
79 North, Range 6 West of the Fifth
Principal Meridian,
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 III, CONDITIONAL ZONING
AGREEMENT, The Mayor is hereby authorized
and directed to sign and the City Clerk to attest
the Conditional Zoning Agreement between the
City of Iowa City, the Owner and the
Applicant. The City Clerk is further authorized
and directed to certify a copy of this Ordinance
and the Conditional Zoning Agreement for
recordation in the Johnson County Recorder's
Office upon final passage and pUblication as
provided by law,
SECTION IV. REPEALER, All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed,
SECTION V, SEVERABILITY, If any section,
provision or part of the Ordinance shali 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 29th day of
March, 1994. -----
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Ordinance No, 94- 3612
Page 3
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Ordinance No.
Page 4
94-3612
It was moved by Novick and seconded by
as read be adopted, and upon roll call there were:
Throgmorton that the Ordinance
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NAYS:
ABSENT:
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Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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Second Consideration 3/8/94
Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz '.
Kubby, Lehman, Novick. NAYS: None. ABSENT: None.
Date published 4/6/94
First Consideration 3/ i /94
Vote for passage:AYES: Baker, Horowitz, Kubby, Lehman, Novick,
Pigott, Throgmorton. NAYS: None. ABSENT: None.
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CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between Helen Jensen ("Owner"), Frantz Construction,
Inc. ("Applicant"), and the City of Iowa City, Iowa, a Municipal Corporation ("City").
WHEREAS, Applicant has contracted to purchase approximately 12.5 acres of land located
west of Sycamore Street and south of Burns Avenue in Iowa City, Iowa; and
WHEREAS, the Applicant, as Contract Purchaser and the Owner, as legal title holder have
requested the City to rezone the subject property from ID-RS, Interim Development Single-
Family Residential, to RS-5, Low Density Single-Family Residential; and
WHEREAS, Iowa Code ~414.5 (1993) 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 zoning change; and
WHEREAS, the property contains areas of hydric soils requiring proper drainage to allow
construction of streets and dwellings with basements, and
WHEREAS, the property is located in an area requiring additional neighborhood open space,
and
WHEREAS, anticipated development of the property will require pedestrian walkways.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties
agree as follows:
1.
Applicant is contract purchaser and equitable tille holder of the property located west
of Sycamore Street and south of Burns Avenue legally described as follows:
The south half of the following-described property, to be rezoned from ID-RS to
RS-5 (the north half exists as RS-5):
2.
The north twenty-five (25) acres of the following-described property: the east Yz
of the southwest % and the east five (5) acres of the west Yz of the southwest %
of Section 23, Township 79 North, Range 6 West of the Fifth Principal Meridian.
Owner is the contract seller and legaltille holder of the property.
3.
The Parties acknowledge that the property contains areas of hydric soils requiring
proper drainage to allow construction of streets and dwellings with basements. The
Parties further acknowledge that the development of this property will require additional
neighborhood open space and pedestrian walkways.
In consideration of the City's rezoning the subject property from !D-RS, Interim
Development Single-Family Residential, to RS-5, Low Density Single-Family Residential,
the Owner and Applicant agree that development and use of the subject property will
conform to the requirements of the RS.5 zone as well as the following additional
conditions:
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- 2-
a. Owner or Applicant shall provide verification from the Army Corps of Engineers
regarding the existence of jurisdictional wetlands on the subject property prior
to approval of a final plat for any portion of the property.
b. Owner or Applicant shall submit a soils report with the preliminary plat for any
portion of the property. The soils report must address any drainage
requirements necessary for the construction of public streets and dwellings with
basements on the property and the report must be approved by the City
Engineer prior to preliminary plat approval.
At the time of final subdivision plat approval for any portion of the property,
Applicant or Owner shall pay a fee sufficient to purchase 3/10 of an acre of land
for neighborhood open space and pay the cost of a four (4) foot wide sidewalk
adjacent to Sycamore Street.
d. The Owner or Applicant shall provide a pedestrian walkway between the western
portion of the subject property and Wetherby Park at the time of final plat
approval for any portion of the property.
c.
5.
Owner and Applicant acknowledge that the conditions contained in this Agreement are
reasonable conditions to impose on the land pursuanl-lo Iowa Code ~ 414.5 (1993) and
that said conditions satisfy public needs directly caused by the requested zoning
change.
6. Applicant and Owner further acknowledge that in the event the subject area is
transferred, sold, redeveloped, subdivided, or split, all redevelopment shall conform with
the terms of this Agreement.
7.
The Parties acknowledge this Agreement shall be deemed to be a covenant running
with the land and with the 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.
8.
Owner and Applicant acknowledge that nothing in this Agreement shall be construed
to relieve the Owner or Applicant from complying with all applicable local and state
regulations.
9, 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,
Dated this 2. 'i '!.b.- day of 1Y\~rc.h
, 1994.
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CITY OF IOWA CITY, IOWA
FRANTZ CONSTRUCTION, INC.
By
S san M. Horowitz, Mayor
ATTEST:
7JJnA;A~ ~ ~
~arr, City Clerk
By !JtL'_ f C) .bt,L~
Helen Jensen (J
STATE OF IOWA )
)SS:
JOHNSON COUNTY )
On this I!!. day of Pe.bflAl1 , 1994, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared William L. Frantz, to me personally known,
who being by me duly sworn did say that he is the President and Secretary of the corporation
executing the within and foregoing instrument, that no seal has been procured by the
corporation; that said instrument was signed on behalf of the corporation by authority of its
Board of Directors; and that William L. Frantz as officer acknowledged the execution of the
foregoing instrument to be the voluntary act and deed of the corporation, by it and by him
voluntarily executed.
SCOTT A. EIUIII
MYC~""
e. 7S-75"
Notary Public i
Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 2.'1 tbaay of ~, 1994, before me, the undersigned, a Notary
Public in((ld for said County, in said State, personally appeared Susan M, Horowitz and Marian
K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor
and City Clerk, respectively of said municipal corporation executing the foregoing instrument;
that the seal affixed thereto is the seal of said municipal corporation; that said instrument was
signed and sealed on behalf of said municipal corporation by authority of City council of said
municipal corporation; and that the Susan M. Horowitz and Marian K Karr acknowledged that
execution of said instrument to be the voluntarl act and deed of said municipal corporation and
by them voluntarily executed.
Stmd~_ '\='Pf'$-
Notary Public in and for the State of
Iowa
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STATE OF IOWA )
)55:
JOHNSON COUNTY )
On this /LJ r day of /e611({/'/ ~I , 190f, before me, the undersigned,
a I)Igtary Public in and for said County, in said State, personally appeared /.I.t 1 Q. i;/
~, to me known to be the identical person named in and who executed the
within and foregoing instrument, and acknowled that they executed the same as their
voluntary act and deed.
Notary Public in and for the State of Iowa
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ORDINANCE NO, 94-3613
AN ORDINANCE REPEALING ARTICLE IV,
DIVISION I, ENTITLED "COMMERCIAL
PESTICIDE APPLICATION," OF CHAPTER 34,
CODE OF ORDINANCES OF THE CITY OF
IOWA CITY, IOWA.
WHEREAS, the City Council passed and
adopted Ordinance 94-3607, entitled
"Commercial Pesticide Application," which
ordinance regulated the size of signs required
for notification prior to commercial application
of pesticides within Iowa City; and
WHEREAS, the Iowa Legislature has passed
preemptive legislation, to be effective July 1,
1994; and
WHEREAS, the City Council finds it in the
public interest to repeal the "Commercial
Pesticide Application" Ordinance in order to
avoid confusion.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. REPEALING. Article IV, Division I
entitled "Commercial Pesticide Application," of
Chapter 34, Code of Ordinances of the City of
Iowa City, Iowa, is hereby repealed in its
entirety.
SECTION III. REPEALER, All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed,
SECTION IV. 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 V. EFFECTIVE DATE. This
Ordinance shall be in effect after its final
passage, approval and publication, as provided
by law,
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Ordinance No, 94-3613
Page 2
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Passed and approved this' 29th day of
March, .1994.
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;MAYOR ~J
ATTEST: ~ rf. ~~
CITY CL K
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It was moved by Lehman and seconded by
adopted, and upon roll call there were:
\Ino\commpesl.ord
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AYES:
NAYS:
ABSENT:
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Novick that the Ordinance as read be
<D
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
First Consideration 3/1/94
Vote for passage: AYES: Throgmorton, Baker, Horowitz, Lehman,
Novick. NAYS: Pigott, Kubby. ABSENT: None.
Second Consideration 3/8/94
Vote for passage: AYES: Throgmorton, Baker, Horowitz, Lehman,
Novick. NAYS: Pigott, Kubby. ABSENT: None.
Date published 4/6/94
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