HomeMy WebLinkAbout2002-09-24 OrdinancePrepared by: John Adam, Planning Intern, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
ORDINANCE NO. 02-4040
AN ORDINANCE TO CONDITIONALLY REZONE APPROXIMATELY 1.14 ACRES OF
PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SOUTH RIVERSIDE DRIVE
AND COMMERCIAL DRIVE FROM GENERAL INDUSTRIAL (I-1) TO INTENSIVE
COMMERCIAL (C1-1)
WHEREAS, the applicant, Donald Gdnger, has requested that the City rezone approximately 1.14
acres of property located on the southwest comer of South Riverside Drive and Commercial Ddve from
I-1 to CI-1; and
WHEREAS, the current uses on this property are permitted in Intensive Commemial zones; and
WHEREAS, the South Central District Plan calls for the continuation of both industrial and intensive
commercial uses for properties in this area adjacent to the Iowa River; and
WHEREAS, Iowa Code 414.5 (2001) 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 directly caused by the requested change; and
WHEREAS, the applicant acknowledges that certain such conditions relating to the timely provision
of paving of the existing parking area and planting of arbor vitae for the public purpose of enhancing the
South Riverside Ddve entryway into Iowa City are reasonable; and
WHEREAS, the applicant has signed a Conditional Zoning Agreement providing for the timely
provision of paving of the existing parking area and planting of arbor vitae for the public purpose of
enhancing the South Riverside Drive entryway into Iowa City; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed
rezoning, subject to a Conditional Zoning Agreement as referenced above.
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 its present
classification of I-1 to C1-1:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 22, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TH P.M., THENCE SOUTH 654.93 FEET, THENCE EAST 323.81 FEET
TO A POINT ON THE SOUTHERLY LINE OF THE CRANDIC RAILWAY COMPANY RIGHT-OF-WAY,
THENCE NORTH 45° 25' 30" EAST 141.92 FEET ALONG SAID SOUTHERLY LINE TO THE POINT
OF BEGINNING; THENCE SOUTH 2° 40' 30" WEST 325.74 FEET, THENCE SOUTH 88° 50' 30"
EAST 137.14 FEET TO THE WEST LINE OF SOUTH RIVERSIDE DRIVE, THENCE NORTH 1° 09'
30" (ALSO RECORDED AS 1° 09' 02") EAST 372.30 FEET ALONG THE WEST LINE OF SAID
SOUTH RIVERSIDE DRIVE, THENCE NORTH 49° 27' 53" WEST 59.86 FEET TO SOUTHERLY LINE
OF CRANDIC RAILWAY COMPANY RIGHT-OF-WAY, THENCE SOUTH 45° 25' 45" WEST 116.13
FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. SAID TRACT OF LAND
CONTAINS APPROXIMATELY 1.14 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 final passage,
approval, and publication of this Ordinance as provided 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 owner and the City.
SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and
directed to certify a copy of this Ordinance and the Conditional Zoning Agreement and to record same in
the Johnson County Recorder's Office at the applicant's expense upon passage and approval of this
Ordinance.
Ordinance No. 02-4040
Page 2
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 adjudicated invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
AFl'EST: ~ 7~ ~
CITY'CLERK
Approved by
It was moved by Vand~_rhe~f and seconded by Wi I burn that the Ordinance as read be
adopted, and upon roll ca~[ there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderh~f
X Wilburn
First Consideration 8/20/02
Voteforpassage: AYES: Lehman, O'Donne]], Pfab, Vanderhoef, ~]burn, Champion,
Kanner. NAYS: None. ABSENT: None.
Second Consideration 9/~0/02
Voteforpassage: AY[S: Vanderhoef, ~]burn, Champion, Kanner, Lehman,
Pfab. NAYS: None. ABSENT: None.
Date published ]0/2/02
Prepared by: John Adam, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter "City") and Donald Gringer and Mary Gringer (hereinafter "Owner").
WHEREAS, the Owner, Donald Gringer, has requested that the City rezone approximately 1.14
acres of property located on the west side of South Riverside Drive, south of Commercial Drive, from
I-1, General Industrial, to C1-1, Intensive Commercial; and
WHEREAS, the proposed rezoning complies with the directive in the South Central District Plan that
land between State Highway 921 (Old Highway 218) and the Iowa River shall be best employed for
either General Industrial or Intensive Commercial uses; and
WHEREAS, Iowa Code 414.5 (2001) 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 directly caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to en-
sure the adequate provision of and timing of improvements associated with the proposed rezoning,
to address the issues of off-street parking requirements and tree requirements; and
WHEREAS, the South Central District Plan recommends that properties along the Highway
921/South Riverside Drive entranceway into Iowa City are effectively enhanced with landscaping.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as
follows:
1. Donald Gringer and Mary Gringer are the owners and legal title holders of approximately
1.14 acres located on the west side of South Riverside Drive, south of Commercial Drive,
which property is to be rezoned from I-1, General Industrial, to C1-1, Intensive Commercial,
and is more particularly described as follows:
Commencing at the west quarter corner of Section 22, Township 79 North, Range 6
West of the 5th P.M., thence south 654.93 feet, thence east 323.81 feet to a point on
the southerly line of the CRANDIC Railway Company right-of-way, thence north 45°
25' 30" east 141.92 feet along said southerly line to the Point of Beginning; thence
south 2° 40' 30" west 325.74 feet, thence south 88° 50' 30" east 137.14 feet to the
west line of South Riverside Drive, thence north 1° 09' 30" (also recorded as 1 ° 09'
02") east 372.30 feet along the west line of said South Riverside Drive, thence north
49° 27' 53" west 59.86 feet to southerly line of CRANDIC Railway Company right-of-
way, thence south 45° 25' 45" west 116.13 feet along said southerly line to the Point
of Beginning. Said tract of land contains approximately 1.14 acres and is subject to
easements and restrictions of record.
2. In consideration of the City's rezoning the subject property from I-1 to C1-1, Owner agrees
that the use and future redevelopment of the subject property will conform to all of the re-
quirements of the C1-1 zone, as applicable, as well as the following additional conditions:
REZ02-00007 CZA
Page 2
a. The Owner will provide for the paving and striping of the existing parking lot fronting
South Riverside Drive at such time as a change in use occurs or prior to the issuance
of a building permit, whichever occurs first.
b. Trees shall be provided along South Riverside Drive frontage in accordance with ex-
isting tree regulations at such time as a change in use occurs or prior to the issuance
of a building permit, whichever occurs first.
c. The Owner shall additionally provide landscaping along the northwesterly property
line adjacent to the CRANDIC Railway right-of-way, such landscaping to consist of no
less than three (3) large trees, one approximately every forty feet along and no closer
than fourteen feet to said lot line, or four (4) small trees, one approximately every
thirty feet along and no closer than eight feet to said lot line. References to "large" or
"small" trees herein refer to the mature height as scheduled in the List of Recom-
mended Trees for Iowa City. Existing trees may count towards compliance with this
Agreement as determined by the Building Inspector.
d. Outdoor storage areas, loading docks, receiving areas and garbage dumpsters visible
from South Riverside Drive and Highway 921 (Old Highway 218) shall be screened
from view with a planting screen of pyramidal arbor vitae, the plantings being at least
three feet (3') high when planted and spaced four feet (4') on center.
e. Outdoor display areas visible from Highway 921 (Old Highway 218) shall be eh-
hanced as called for in the South Central District Plan by the addition of a mixture of
coniferous and deciduous shrubs along the CRANDIC Railway right-of-way.
3. The Owner acknowledges that the conditions contained herein are reasonable conditions to
impose on the land and under Iowa Code 414.5 (2001), and that said conditions satisfy pub-
lic needs which are directly caused by the requested zoning changes.
4. The Owner acknowledges that in the event any portion of the subject property is transferred,
sold, redeveloped, or subdivided, all development and redevelopment will conform with the
terms of this Conditional Zoning Agreement, regardless of whether recited in any subsequent
transfer documents.
5. 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 ef-
fect as a covenant running with the title to the land unless or until released of record by the
City and may not be superseded or avoided by separate private covenants not recorded and
not within City's knowledge. The Parties further acknowledge that his Agreement shall inure
to the benefit of and bind all successors, representatives and assigns of the Parties.
6. Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed
to relieve Owner from complying with all applicable local, state and federal regulations.
7. 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
Owner's expense.
REZ02-00007 CZA
Page 3
Dated this 24th dayof September ,2002.
OWNER CITY OF IOWA CITY
Donald Gringer Husband t3 Lehman, Mayor
'~ ~..I, .~*'~,/"--~ Attest:
Mary G~/]e'~ /Wife ~'
Mari~n K. Karr, Ci~ Cle~
Approved by:
Cit~ney's O~ ~/~
ppdadm/a~REZO2~OO7C~,d~
Prepared by: Bob Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ02-00008)
ORDINANCE NO. 02-4041
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING ZONING DESIGNATION
FROM LOW-DENSITY SINGLE-FAMILY, RS-5, TO PLANNED DEVELOPMENT HOUSING OVERLAY,
OPDI-I-5, TO ALLOW 23 SINGLE FAMILY LOTS AND 13 TOWNHOUSE UNITS IN VILLAGE GREEN,
PART XXlI, A 9.31-ACRE, 24-LOT RESIDENTIAL SUBDIVISION LOCATED WEST OF SCOI-D
BOULEVARD AND NORTH OF WELLINGTON DRIVE.
WHEREAS, the subject property is in an area shown on the Comprehensive Plan as residential, at a
density of two to eight dwelling units per acre; and
WHEREAS, the property owner has applied to rezone the parcel to OPDH-5 to permit development of
the tract for a planned housing development of 23 single-family lots and 13 townhouse-style lots clustered in
two- and three-unit combinations; and
WHEREAS, the proposed design of the OPDH plan has the appearance of a sufficient amount of open
space; features such as varied roof lines and staggered facades, which will lessen the appearance of bulk;
and setbacks and perimeter landscaping, which will make the design compatible with surrounding residential
development; and
WHEREAS, the density of the proposed development is consistent with the density proposal in the
Comprehensive Plan in this area; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed zone change and has
recommended approval including the variation in zoning requirements illustrated in the preliminary PDH plan
and listed in Section II below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The property legally described below is hereby reclassified from its present
classification of RS-5 to OPDH-5, and the preliminary PDH plan for Village Green, Part XXII is hereby
approved:
Outlot "A" of Village Green - Part XVI, to Iowa City, in accordance with the plat thereof recorded in Plat
Book 37 at Page 41 of the Records of the Johnson County Recorder's Office. Said Outlot "A" contains
9.31 acres, more or less, and is subject to easements and restrictions of record.
SECTION II. VARIATIONS. To allow the clustering of dwelling units in order to create a landscaped
buffer adjacent to Scott Boulevard, as provided by Sections 14-6J-2-D and 14-6J-2-B of the City Code, the
following variations are approved as a part of the Preliminary OPDH Plan: a reduction of lot width from 60
feet to 57.5 feet for lots 2-7, lots 10-12, and lot 21; and 13 townhouse style units and 20-foot wide private
streets with a sidewalk only on one side on lot 24.
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
publicetig~l', a~ provided by law.
P~se~nd a_~ved this~_~of q;~pf~mhPr ,20
CITY CLE"RK
Approved by
d~o&~y~ Office
Ordinance No. 02-4041
Page 2
It was moved by O' Donqel 1 and seconded by Pfab that the Ordinance
as read be adopted, and upon roll cell there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X - Lehman
X O'Donnell
X Pfab
~( Vanderhoef
X Wilbum
First Consideration 8/20/02
Voteforpassage: AYES: O'Donnell, Pfab, Wnderhoef,Wi3but'n, Champion, Kanner,
Lehman. NAYS: None. ABSENT: None.
Second Consideration 9/10/02
Vote for passage: AYES: Wilburn, Champion, Kanner, Lehman, O'Donnell, Pfab,
Vanderhoef. NAYS: None. ABSENT: None.
Date published 10/02,~02