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HomeMy WebLinkAbout1989-06-13 OrdinanceORDINANCE NO. ORDINANCE VACATING A PUBLIC WALKWAY EASEMENT WITHIN PEPPERWOOD ADDITION, PART 2 WHEREAS, the City of Iowa City has previously approved preliminary and final plats for Pepperwood Addition, Part 2; and WHEREAS, a 10 foot wide public walkway easement was granted across Lots 26, 27, 46 and 47 of Pepperwood Addition, Pan 2; and WHEREAS, the owners of Lots 27, 46 and 47 of Pepperwood Addition, Part 2 have requested that said easement across Lots 26, 27, 46 and 47 of Pepperwood Addition, Part 2, be vacated as no longer necessary to circulate pedestrian traffic; and WHEREAS, said easement, in conformance with Section 32. 54(x)(6) of the CIN of Iowa Ctv Code of Ordinances is Intended as part of an Intra -neighborhood pedestrian circulation system facilitating travel within the development and access to recreational and commercial facilities outside the development; and WHEREAS, the Department of Planning and Program Development, In a staff report dated May 18, 1989, recommended denial of the vacation application; and WHEREAS, an May 18, 1989, the Planning and Zoning Commission, on an affirmative motion to recommend vacation, voted one in favor, four against (Clark voting In the affirmative). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. VACATION. That the City of Iowa City hereby finds the walkway easements are no longer appropriate for pedestrian traffic and serve no public purpose, as originally anticipated; and that the ten foot wide public walkway easement across Lots 26, 27, 46 and 47 of Pepperwood Addition, Part 2, should be and hereby are vacated. SECTION II. REPEALER. All ordinances and pens of ordinances In conflict wth the provisions of this Ordinance are hereby repealed.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 adjudlWlOn shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged Invalid or unconstitutional. SECTION N. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law, and shall be recorded In the Johnson County Recorder's Office, Passed and approved this MAYOR I I ATTEST: CITY CLERK Approved as to FormL09481 Department t I I i i i i ORDINANCE NO. ORDINANCE VACATING A PUBLIC WALKWAY EASEMENT WITHIN PEPPERWOOD ADDITION, PART 2 WHEREAS, the City of Iowa City has previously approved preliminary and final plats for Pepperwood Addition, Part 2; and WHEREAS, a 10 foot wide public walkway easement was granted across Lots 26, 27, 46 and 47 of Pepperwood Addition, Pan 2; and WHEREAS, the owners of Lots 27, 46 and 47 of Pepperwood Addition, Part 2 have requested that said easement across Lots 26, 27, 46 and 47 of Pepperwood Addition, Part 2, be vacated as no longer necessary to circulate pedestrian traffic; and WHEREAS, said easement, in conformance with Section 32. 54(x)(6) of the CIN of Iowa Ctv Code of Ordinances is Intended as part of an Intra -neighborhood pedestrian circulation system facilitating travel within the development and access to recreational and commercial facilities outside the development; and WHEREAS, the Department of Planning and Program Development, In a staff report dated May 18, 1989, recommended denial of the vacation application; and WHEREAS, an May 18, 1989, the Planning and Zoning Commission, on an affirmative motion to recommend vacation, voted one in favor, four against (Clark voting In the affirmative). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. VACATION. That the City of Iowa City hereby finds the walkway easements are no longer appropriate for pedestrian traffic and serve no public purpose, as originally anticipated; and that the ten foot wide public walkway easement across Lots 26, 27, 46 and 47 of Pepperwood Addition, Part 2, should be and hereby are vacated. SECTION II. REPEALER. All ordinances and pens of ordinances In conflict wth the provisions 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 adjudlWlOn shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged Invalid or unconstitutional. SECTION N. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law, and shall be recorded In the Johnson County Recorder's Office, Passed and approved this MAYOR I I ATTEST: CITY CLERK Approved as to FormL09481 Department STAFF REPORT To: Planning & Zoning Commission Item: V-8903. Walkway Easement Vacation. Pepperwood Addition, Part 2. GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Surrounding land use and zoning: Applicable regulations: SPECIAL INFORMATION: Public utilities: Prepared by: Monica Moen Date: May 18, 1989 Doug & Toni Carlo (Lot 46) 1156 Briar Drive Iowa City, Iowa 52240 Phone: 338-8485 Anthony & Renae Lopen (Lot 47) 1162 Briar Drive Iowa City, Iowa 52240 David & Sara Riddle (Lot 27) 1113 Sandusky Drive Iowa City, Iowa 52240 Vacation of a walkway easement within Pepperwood Addition, Part 2. To eliminate the required construction of a sidewalk for a pedestrian connection between Sandusky Drive and Briar Drive. Between Lots 46 and 47 and Lots 26 and 27 of Pepperwood Addition, Part 2. 10' wide x 266.19' long. North - Single-family residential; RS -5. East - Single-family residential; RS -5. South - Single-family residential; RS -5. West - Single-family residential; RS -5. Subdivision Regulations. The easement is only required for a future walkway. No utilities are located within this easement. 1 l ,i I 1 2 Transportation: BACKGROUND: The easement was reserved for a walkway which was to be part of an intra -neighborhood pedestrian circulation system facilitating access to Wetherby Park, to the commercial area to the north and from one part of the neighborhood to another. The applicants appeal to the City to vacate a ten foot wide walkway easement located between Lots 46 and 47 and Lots 26 and 27 of Pepperwood Addition, Part 2. The applicants reside within houses constructed on Lots 27, 46 and 47. Although construction of the walkway has not occurred to date, its construction is imminent since the last of the four lots adjoining this easement has recently been developed. At the time Pepperwood Addition, Part 2 was platted, the subject walkway easement and another walkway easement within this subdivision were expected to function as an intra -neighborhood pedestrian circulation system that would ease pedestrian access to Wetherby Park, to the commercial area north of this subdivision and from one part of the neighborhood to another. Access to a future school that was envisioned, at the time the plat was approved, south of this subdivision and west of Wetherby Park would also have been facilitated by this walkway system. Plans to construct this school have not materialized and, while additional school facilities may be required within southern Iowa City as this part of the community reaches full development, no commitment has been made to construct another school in this part of the City at the present time. A walkway has been constructed within the easement located between Lots 53 and 54 of this subdivision and provides direct access to Wetherby Park. ANALYSIS: The Subdivision Regulations mandate crosswalks "...in areas where curved streets require excessive out distance travel" (Section 32-54(a)(6)). The purpose of this requirement is to reduce the likelihood of neighborhood residents using private property as a shortcut to neighborhood facilities and other parts of the neighborhood. As noted, the walkways included in Pepperwood Addition, Part 2 were intended to facilitate circulation within the neighborhood and access to points north and south of this subdivision. The following discussion analyzes the need for the subject walkway easement in terms of park, school and commercial development access. Park Access: Residents of Pepperwood Addition, Part 2 with Briar Drive and Pepper Drive frontage will most likely utilize the existing public walkway between Lots 53 and 54 to access Wetherby Park. If a walk were installed in the easement between Lots 26 and 27 and Lots 46 and 47, Apple Court and Sandusky Drive residents may use this walkway in conjunction with the walkway between Lots 53 and 54 to get to the park. The unimproved, northerly segment of this pedestrian circulation system, however, is less than 260 feet west of Taylor Drive which terminates in Wetherby Park. This northerly easement is not a sufficient distance from Taylor Drive to considerably improve pedestrian access I 3 to the park for Sandusky Drive or Apple Court residents. For park access purposes, then, due to the location of the walkway easement over Lots 26, 27, 46 and 47 relative to Taylor Drive, this walkway is not needed to diminish "excessive out distance travel" or to facilitate park access for pedestrians. School Access: In the mid 1970s, it was speculated that a new elementary school would be required in southern Iowa City. It was suggested that this new school be located west of Wetherby Park to avoid duplication of playground facilities and to be within close proximity to the residential neighborhood it would serve. This school has not been constructed and the School District has made no commitment to construct a new facility in southern Iowa City. Full development of the southern part of the community, south of Highway 6 and east of Gilbert Street, may dictate building a new facility if capacity in the school system is reached City-wide. While proximity to Wetherby Park continues to be a desirable location for a future school, no commitment has been made to reserve land near the park for this use. The merits of the subject walkway easement to facilitate pedestrian access to a school cannot, therefore, be meaningfully discussed. Commercial Access: Residents of the eastern half of Pepperwood Addition, Part 2 with Briar Drive frontage may be inclined to use the walkway between Lots '26, 27, 46 and 47 to access the commercial center immediately west of Broadway Street and south of Highway 6. Pedestrian access to this facility from the southeastern part of the subdivision would be enhanced via this walkway. Without this "shortcut," convenient pedestrian access to the commercial area north of the subdivision is inhibited by the curvilinear alignment of streets which increases travel time and distance. The proposed walkway easement should, therefore, be retained and developed to ease and promote pedestrian access to facilities north of the subdivision. STAFF RECOMMENDATION: Staff recommends that the request to vacate a ten foot wide walkway easement over Lots 26, 27, 46 and 47 of Pepperwood Addition, Part 2 be denied. ATTACHMENTS: 1. Location Map - Zoning Map. 2. Location Map - Base Map. 3. Final Subdivision Plat - Pepperwood Addition, Part 2. 4. Applicants' statement regarding the vacation request. 5. Neighborhood Petition. Approved by: % BGG D nal c meiser, Director Yepartment of Planning and Program Development LOCATION MAP V-8903 WALKWAY EASEMENT VACATION Pepperwood Addition, Part 2 NORTH^ /0/0 11 LOCATION MAP V-8903 WALKWAY EASEMENT VACATION Peppemood Addition, Part 2 i i I NORTH m 4 i 11 LOCATION MAP V-8903 WALKWAY EASEMENT VACATION Peppemood Addition, Part 2 i i I NORTH m 4 290oo__ 4 M..wm I �rr.L _ SEP ABBIE STO cr ctEix rit, data , .w•rN •na4w.q .� In/ rwnla a z au.._ _ •ISR w. I ' I p` legal description of part 1 iI�rw.w n..__n.•naa.4 nn legal dsacrlDtlon of Oarl Z r nus w•n., _. u.rna..a stormwalar storage area PEPPERWOOD+ ADDTION ! PART 2 final plat V-8903 April 26, 1989 Doug and Toni Carlo, 1156 Briar .Drive, Lot #46 Anthony and Renae.Lopen, 1162 Briar Drive, Lot #47 David and Sara Riddle, 1113 Sandusky Drive, Lot #27 Wish to apply for a vacation of easement between Lots 46 and 47 .10 feet wide by 135.71 feet and between Lots 26 and 27, 10 feet wide and 130.48 feet long. One of the main reasons for the sidewalk was'to have a walk -way to the proposed elementary school being .built behind Lots 53 and 60. The school has since been dropped from current plans, and so has the need for the sidewalk. 0f the 48 families we polled 29 were against the sidewalk, 3 were for the sidewalk and 15 were unavailable and one had no opinion. �I ;i i I� i i I �y ° c.c,�..�..cd- �o� �uW---=--�u�c� • �,v�Q�U�� Wit_ 1 t� '/``',`''S .!•r ,7.1'2 f .,:.. ,1 -. ___-.'� ` 1. >+�, it •lt � .l J. it JI}' ; 1. 1 .r. ,i•j' 'f i '1.1'. i j r fry _ -- ,1 .._ ._.__.-_.....-...__.__. ...._.____••_- ......... .. _... 1 ItAWcublLao In -bloV 1* —.78-Zal ILI' 0 14 ItAWcublLao In -bloV i_Lo IG . C4blo 1* —.78-Zal i_Lo IG . C4blo ORDINANCE NO. ORDINANCE APPROVING OBERLIN ESTATES, AN AMENDED PRELIMINARY AND FINAL PLANNED DEVELOPMENT HOUSING (PDH) PLAN FOR A PORTION OF COURT HILL -SCOTT BOULEVARD ADDITION, PART VII, AND A PRELIMINARY AND FINAL PDH PLAN FOR LOT 100 AND THE NORTH 5.60 FEET OF LOT 101 OF COURT HILL. SCOTT BOULEVARD ADDITION, PART VI, IOWA CITY, IOWA BE R ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL Subject to the terms and conditions of the attached Developer's Agreement, the PDH Plan for Oberlin Estates, submitted by Pet Moore Construction Co., and legally described below, Is hereby approved: Lot 100 and the north 5.60 feet of Lot 101 of Court Hill - Scott Boulevard Addition, Part VI, and Lot 1D6, 122-124 of Court Hill - Scott Boulevard Addition, Part VII, Iowa City, Iowa SECTION It. VARIATIONS. Section 36-47(a) of the Zoning Ordinance permits flexibility In the use and development of structures and land where such variations from the conventional requirements from the underlying zone will not be contrary to the purpose and Intent of the Zoning Ordinance, not be Inconsistent with the Comprehensive Plan, nor be harmful to the neighborhood In which located. The following variations from the conventional requirements of the RS -8 zone are found to be consistent with these standards and are approved as a part of this Pian. The variations permit: A. The construction of four (4), single -story, two (2) unit condominium dwellings. The project is designed with consideration for surrounding residential land use Panama. With single-family dwellings and similar condominium units to the north, and four (4) unit apartment buildings to the south, the proposed condominium dwellings oriented onto a 'horseshoe' shaped private drive provide an appropriate and suitable transition of residential land use along Oberlin Street. B. The clustering of dwelling units on a smeller area of the tract, which results In greater efficiency of development without exceeding the maximum permitted densly of the underlying zone. The proposed PDH Plan results In a development density of 4.8 dwelling units per acre, which Is substantially less than the maximum permitted density of the underlying RS -8 zone. C. A reduction of pavement width from a 28 -foot local public street to a 22 -foot private drive with curb and gutter. The reduction In pavement width Is expected to have a negligible Impact on the development because of its limited use as a nonahrough private drive. With parking prohibited along the Inside curve of the private drive, the proposed pavement width Is adequate to provide for the safe and efficient movement of traffic within the development. D. No Internal sidewalks, normally required on both sides of a local street. Due to the small scale of the development and the compact arrangement of dwelling units, sidewalks are not deemed necessary. The limited use private drive and the availability of open space within the development may serve as akematIves to the use of sidewalks. Sidewalks presently exist adjacent to the development within the Oberlin Street and Scott Boulevard rights-of-way. SECTION III. AGREEMENT. The Mayor Is hereby authorized and directed to sign, and the Cly Clerk to attest, the attached Developer's Agreement, for recordation. SECTION IV. REPEALER: All ordinances and parts of ordinances In conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABUTY. M ary section, provision or pen of the Ordinance- shall be adjudged to be Invalid or unconstitutional, such adjudication shell not affect the validity of the Ordinance as a whole or any section, provision or pen thereof not adjudged Irrvaild or unconstMNkxtal. - SECTION VI. EFFECTIVE DATE: This Ordinance shall be In effect after its final passage, approval and publication as required by law and shall be recorded in the Johnson Couny Recorder's Office. Passed and approved this MAYOR ATTEST: CITY CLERK Approved as to Form L% Departmerd E-7-fi DEVELOPER'S AGREEMENT // THIS AGREEMENT by and between Pat Moore Construction Company, hereinafter the 'Developer" and the City of Iowa City, Iowa, hereinafter the -City-. WITNESSETH: WHEREAS, the Developer has submitted to the City for approval an amended preliminary and final PDN and LSRD Plan for the condominium project to be known as Oberlin Estates, which project is to be located on the following described real estate to -wit: Lots 106, 122, 123 and 124, Court Hill -Scott Boulevard Addition, Parc VII, an addition to the City of Iowa City, lova, according to the plat thereof recorded in Book ]9, page Iowa. 36, Plat Record, of Johnson r,..,.,... and also Lot 100 and the North 5.60 feet of Lot 101, Court Hill -Scott Boulevard Addition, Part VI, an addition to the City of Iora City, thereof Iowa, according to the plat recorded in Plat Book 16, page 66, Plat Records of Johnson County, Iowa. and: WHEREAS, the City has imposed certain conditions on its approval of said PDN and LSRD Plan. NOW, THEREFORE, in consideration of the premises and in consideration of the City's approval of the PDN and LSRD Plan for Oberlin Estates, it is agreed by and between the parties as follows: I. The City will vacate and release the five foot (54 utility easement along the north line of Lot 100 Court Hill- Scott Boulevard Addition, Part VI, which easement was ded- icated to the public in connection with the platting of said Addition. 2. In lieu thereof, the Developer will dedicate to the public a utility easement ten feet (10') in width along the south and east lines On said Lot 100 to replace the easement to be vacated and released. The Developer will also grant a replacement easement over the same area to Iowa -Illinois Cas e Electric Company to reflect this replacement. 3. The Developer agrees to install a sidewalk four feet 1111 in width on Lot 306 Court Hill -Scott Boulevard Addition, Part VII, adjacent to Oberlin Street which sidewalk will be installed by the Developer prior to the issuance of any building permits for the Oberlin Estates Condominium Project. 1. The Developer agrees as a covenant running with the title to the real estate described herein that the owner of such real estate shall perpetually maintain all common areas in the Oberlin Estates Condominium Project, and shall move and otherwise keep said areas free of weeds and debris. S. The Developer as the present owner of Lot 106 Court Hill -Scott Boulevard Addition, Part VII, agrees for itself and its successors in interest and assigns to assume responsibility for the maintenance of that portion of the storm water management facility now existing and located on said Lot 106. Although the owner of Lot 107 Court Hill -Scott Boulevard Addition, Part VII, is presently obligated to maintain the storm water management facility located on said Lot 106, the Developer acknowledges that the City intends to relieve the owner of said Lot 107 of said obligation upon the effective date of the assumption of said maintenance obligation by the Developer. The City acknowledges that the obligation to maintain the storm water management facility located on said Lot 106 will not in any measurable way change upon Developer's assumption of this maintenance duty, and that the obligation will in the future be the responsibility of the owner of said Lot 106. The City further acknowledges that the Developer intends to include said Lot 106 in the Declaration of Condominium for the Oberlin Estates Condominium Project in which event the maintenance - 2 - 0 obligation will pass to the Oberlin Estates Owners Association, - upon reasonable notice to the City. 6. The City acknowledges that the document captioned 'Joint Driveway Easement and Agreement- dated October 11, 1983, and recorded October 18, 1983, in Book 665, at page 134, in the Office of the Recorder of Johnson County, Iowa, will be of no further force or effect upon approval of the Developer's Amended - - Preliminary and Final PON. and LSRD Plan for the above described real estate. Accordingly, the City hereby consents to the release of said 'Joint Driveway Easement and Agreement' to the extent that such a release is appropriate in connection with the development of the Oberlin Estates Condominium Project. 7. This Agreement in to be effective upon approval of Developer's PDN and LSRD Plan for Oberlin Estates; and Parties '. agree that in the event the City fails to give final approval to the Developer's PDN and LSRD Plan for Oberlin Estates, this Agreement• shall be null and void and of no further force and effect. i II Dated at Iowa City, Iowa, this day of I� 1989. II., F I! CITY OF IOWA CITY, IOWA PAT HOORE CONSTRUCTION COMPANY IIS j By By .. ..,. Mayor Patrick L. HOUre, Pres en[ By Harie C. Hoore, Secretary ATTESTt Crt—y—cre—rr— TO FORM C4P7PR9V,1APAS LEGAL DEPARTMENT i t -��• I I i i I ■ I STATE OF IOWA ) COUNTY OF JOHNSON On this day of , 1989, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Patrick L. Moore and Marie C. Moore, to me Personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation executing the within and foregoing instrument that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Patrick L. Moore and Marie C. Moore as such officers acknowledged said voluntaryact and deed execution ofo £ saidcorporationinstrument byit and by them voluntarily executed. Notary Pu c n an or t e State of Iowa STATE OF IOwA ) COUNTY OF JOHNSON ss: On this day of , 1989, before me, the undersigned, a Notary Public in and for the State of Iowa, Personally appeared John McDonald and Marfan K. Karr, to me they narey the Mayowho, o sand being Clerk, resme pectivelydlof the that City of Iowa City, Iowa; that the seal affixed thereto to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed (the Resolution adopted) by the City Council, under Roll Cell No. the City Council on the day of 1-§899, execution ofhthe instrumeMcDonaldnto be atheiz an that Jovoluntary act end deed ed the and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public n and or the State of Iowa i I i j i -��• I I I� it i DEVELOPER'S AGREEMENT i THIS AGREEMENT by and between Pat Moore Construction FCompany, hereinafter the "Developer" and the City of Iowa City, Iowa, hereinafter the "City". WITNESSETH: WHEREAS, the Developer has submitted to the City for approval an amended preliminary and final PDH and LSRD Plan for the condominium project to be known as Oberlin Estates, which - project is to be located on the following described real estate { to -wit: I Lots 106, 122, 123 and 124, Court Hill -Scott Boulevard ,I Addition, Part VII, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 19, page 36, Plat Records of Johnson County, Iowa. u and also Lot 100 and the North 5.60 feet of Lot 101, Court Hill -Scott Boulevard Addition, Part VI, an addition to the City of Iowa City, Iowa, according to the plat /1 thereof recorded in Plat Book 16, page 66, Plat �I tiJ Records of Johnson County, Iowa. and:.,. i WHEREAS, the City has imposed certain conditions on its approval of said PDN and LSRD Plan. - NOW, THEREFORE, in consideration of the premises and in consideration of the City's approval of the PDH and LSRD Plan for Oberlin Estates, it is agreed by and between the parties as follows: - 1. The City will vacate and release the five foot 1511 utility easement along the north line of Lot 100 Court Hill- Scott Boulevard Addition, Part VI, which easement was ded- icated to the public in connection with the platting of said j Addition. 2. In lieu thereof, the Developer will dedicate to the public a utility easement ten feet (101) in width along the i V I n, south and east lines an said Lot 100 to replace the easement to be vacated and released. The Developer will also grant a replacement easement over the same area to Iowa -Illinois Gas A Electric Company to reflect this replacement. 3. The Developer agrees to install a sidewalk four feet W) in width on Lot 106 Court Hill -Scott Boulevard Addition, Part VII, adjacent to Oberlin Street which sidewalk will be installed by the Developer prior to the issuance of any building permits for the Oberlin Estates Condominium Project. 4. The Developer agrees as a covenant running with the title to the real estate described herein that the owner of such real estate shall perpetually maintain all common areas in the Oberlin Estates Condominium Project, and shall move and otherwise keep said areas free of weeds and debris. S. The Developer as the present owner of Lot 106 Court Hill -Scott Boulevard Addition, Part VII, agrees for itself and its successors in interest and assigns to assume A responsibility for the maintenance of that portion of the storm water management facility now existing and located on said Lot 0 106. Although the owner of Lot 107 Court Hill -Scott Boulevard Addition, Part VII, Is presently obligated to maintain the storm water management facility located on said Lot 106, the Developer acknowledges that the City intends to relieve the owner of said Lot 107 of said obligation upon the effective date of the assumption of said maintenance obligation by the Developer. The City acknowledges that the obligation to maintain the storm water management facility located on said Lot 106 will not in any measurable way change upon Developer's assumption of this maintenance duty, and that the obligation will in the future be the responsibility of the owner of said Lot 106. The City further acknowledges that the Developer intends to include said Lot 106 in the Declaration of Condominium for the Oberlin Estates Condominium Project In which event the maintenance - 2 - n ~' obligation will pass to the Oberlin Estates Owners Association, upon reasonable notice to the City. 6. The City acknowledges that the document captioned "Joint Driveway Easement and Agreement" dated October 11, 1983, and recorded October 18, 1983, in Book 665, at page 134, in the Office of the Recorder of Johnson County, Iowa, will be of no further force or effect upon approval of the Developer's Amended Preliminary and Final PDN and LSRD Plan for the above described reap estate. Accordingly, the City hereby, consents to the release of said •Joint Driveway Easement and Agreement" to the extent that such a release is appropriate in connection with the development of the Oberlin Estates Condominium Project. 7. This Agreement is to be effective upon approval of Developer's PDN and LSRD Plan for Oberlin Estates; and Parties agree that in the event the City fails to give final approval to the Developer's PDN and LSRD Plan for Oberlin Estates, this Agreement shall be null and void and of no further force and effect. Dated at Iowa City, Iowa, this day of 1969. CITY OF IOWA CITY, IOWA PAT MOORE CONSTRUCTION COMPANY By By Mayor Patrick L. Moore, Pres ent ATTEST: By Marie C. Moore, Secretary i' II I .I I� ' 7 i I - i STATE OF IOWA as: COUNTY OF JOHNSON On this day of 1989, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Patrick L. Moore and Marie C. Moore, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of Said corporation executing the within and foregoing instrument,that the seal affixed thereto is the seal of said corporation, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and that the said Patrick L. Moore and Marie C. Moore as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in andor the State of Iowa STATE OF IOWA COUNTY OF JOHNSON On this day of 1989, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City I of Iowa city, Iowa; that the seal affixed thereto to the (I foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained in (ordinance) (Resolution) No. passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the of 1 989, ---day and that John McDonald an=marian X. Karr —a-c7now ledged 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 andor the State of Iowa i ■ SUMMARY REPORT To: City Council From: Planning E Zoning Commission Item: S-8916. Oberlin Estates. APPLICATION INFORMATION Applicant: Pat Moore Construction. Company Requested Action: Approval of an Amended Preliminary and Final Planned Development Housing Overlay (OPDH-8) and Large Scale Residential Development (LSRD) Plan for Lots 122-124 of Court Hill -Scott Boulevard Addition, Part VI I, and Preliminary and Final PDH and LSRD Pian approval for Lot 100 of Court Hill - Scott Boulevard Addition, Part VI. This request includes rezoning of Lots 100 and 106 of Court Hill - Scott Boulevard Additions from RM -20 and RS -5, respectively, to PDH -8. Location: Oberlin Street, just north of its intersection with Amhurst Street. Existing Zoning: Lots 122-124 (PDH -8), Lot 106 (RS -5), and Lot 100 (RM -20). Project Proposal: Toestablish a ranch -style condominium development consisting of four (4) single -story two (2) unit condominium dwellings oriented around a "horseshoe" shaped private drive. (See Attached Plan. ) The proposed development is located on four (4) platted lots east of Oberlin Street (Lots 100, 122-124) with the lot west of Oberlin Street (Lot 106) reserved as a stormwater management detention basin. PLANNING AND ZONING COMMISSION INFORMATION Date of Recommendation: May 18, 1989 Recommendation: Approval. Recommended Variations and Rationale: This report is prepared In accordance with Section 36-48(c) of the Zoning Ordinance to substantiate the Commission's findings In support of the proposed variations. The Commission finds the following variances from the applicable provisions of the Zoning Ordinance to be I consistent with the intent and purpose of the Zoning Ordinance and Comprehensive Plan, and will result in an attractive and safe living environment which is } compatible with surrounding residential developments. i 2 1. Land Use Modification: The applicant seeks the flexibility of the PDH Zone to enable the clustering of dwelling units on the site in a manner compatible with surrounding land use patterns. The condominium units vary in use from that permitted in the underlying RS -8 zone, however, results in a development density lower than that permitted in the RS -8 zone. .The project has been designed in consideration of surrounding residential uses. With single-family dwellings and condominium units to the north, and apartment buildings to the south, the four (4) single -story, two (2) unit p' condominium dwellings oriented onto an interior circular private drive should not affect neighboring properties any more than would a conventional development of the site. The condominium dwellings should provide a more appropriate and suitable transition between the two residential land uses to the north and south of the site along Oberlin Street. In summary, the use, size and design of structures proposed, combined with ample spacing between buildings and conventional setbacks from adjacent properties, is compatible with the residential character of the area. r 2. Density of Development: Although the PDH zone may allow the clustering of dwelling units on a smaller area of the tract, and thereby result in greater efficiency of development, the maximum permitted density of the underlying zone cannot be exceeded. The proposed PDH plan which includes the rezoning of Lot 100 from RM -20 to PDH -8 results in a decrease in maximum permitted development density. Zone RM -20, a nine (9) unit apartment building could be constructed on Lot 100. A PDH plan approved in 1983 would permit the construction of two (2) four (4) unit apartment buildings on Lots 122-124. Altogether, a total of 17 dwelling units could be developed on the four (4) lots east of Oberlin Street as presently zoned. Excluding the area of Lot 106, which will be retained as a stormwater management detention basin, the maximum allowable density of the four (4) lots east of Oberlin Street is 16 dwelling units with an underlying zone of RS -8; eight (8) dwelling units are proposed. The proposed PDH plan results in a development density of 4.8 dwelling units per acre which is substantially less than the maximum permitted density of the underlying zone. 3. Street Standards and Specifications: Reduced Pavement Width Requirements: Vehicular access to the development will be provided by a paved 22 -foot wide curb and guttered private drive. The reduction in pavement width from a 28 -foot local public street to a 22 - foot private street Is expected to have a negligible impact upon Its use as a non -through local street. The Commission finds the design and alignment of the private drive to have no adverse affects on traffic circulation outside the development. With parking prohibited along the Inside curve of the private drive, the proposed pavement width is adequate to provide for the safe and efficient movement of traffic within the development. The prohibition of parking along the Inside curve of the private drive was requested by the Fire Department to ensure adequate access for emergency vehicles. Sidewalks: The design of the private drive makes no provision for sidewalks which would normally be required on both sides of the local street. Due to the small scale of the development and the compact arrangement of dwelling /10// 1 3 units, sidewalks are not regarded as necessary. The limited amount of traffic anticipated on the private drive and the availability of common open space within the development may serve as alternatives to the use of sidewalks. Sidewalks presently exist adjacent to the development within the Oberlin Street and Scott Boulevard rights-of-way. For the benefit of area residents, the plan also provides for the continuation of an existing sidewalk on the west side of Oberlin Street across the frontage of Lot 106. 4. Off -Street Parking: According to the off-street parking regulations, two (2) parking spaces are required per dwelling unit. A double car garage attached to each unit satisfies this requirement and provides for a development total of 16 parking spaces. The paved garage aprons adjacent to each garage are of such a size to accommodate two additional parking spaces for a development total of 32 parking spaces. The proposed development, therefore, provides parking at a ratio of four (4) parking spaces per dwelling unit which is sufficient to accommodate the parking needs of this development. ;ity of Iowa City MEMORANDUM DATE: May 18, 1989 TO: Tom Scott, Planning & Zoning Commission FROM: Linda Newman Gentry, First Assistant Ci o ney RE: Oberlin Estates - Amended Preliminary & Final PDH and LSRD Plan First, I apologize for not being personally available this evening. I still need to prepare for the bankruptcy hearing in St. Paul tommorrow (May 19). I have discussed the conditions for approval of the above Project with Pat Moore's attorney, Chuck Mullen, and believe there should be no problem regarding the following items, to be memorialized into an Agreement for submission to the City council. (1) Moore agrees to vacate the existing 5' Utility Easement on Lot 100 insta�Yed-orr-Lot4} of Court Hill - Scott Blvd. Addition, Parts VIandV11—,' and relocate and rededicate the easement on Lot 100 as a 10' Utility Easement as indicated on the PDH Plan. (2) Moore agrees to include, as a restrictive covenant, the obligation to maintain the common areas shown on the PDH Plan. (3) Moore agrees to install a public sidewalk across the frontage of Lot 106 along Oberlin Street prior to City's issuance of building permits. (4) Moore agrees to obligate the Homeowners Association to maintain that portion of the storm water management easement and basin (facility) located on Lot 106, Court Hill - Scott Blvd., Part VII, and City agrees to acknowledge transfer of the current maintenance obligation from the owner of Lot 107, to Oberlin Estates. I suggest your Motions to approve the PDH and LSRD be subject to the above conditions, and subject to approval by the Legal Department. Thanks cc: Barry Beagle Frank Farmer Chuck Mullen C To: Planning & Zoning Commission Item: S-8916. Oberlin Estates. GENERAL INFORMATION: Applicant: Requested action: I STAFF REPORT Prepared by: Barry Beagle Date: May 18, 1989 Pat Moore Construction Co. 220 Stevens Drive Iowa City, Iowa 52240 Phone: 338-3868 Approval of a preliminary and final Planned Development Housing (PDH) and Large Scale Residential Development (LSRD) plan. To permit development of eight (8) condominium units. Between Oberlin Street and Scott Boulevard and north of Amhurst Street. 2.33 acres. Undeveloped; RM -20 (Lot 100), PDH - 8 (Lots 122-124) and RS -5 (Lot 106). North - Single -Family Residential; POH-8. South - Multi -Family Residential; RM -20. East - Vacant; RS -8. West - Single -Family Residential; RS -5. Residential; 2-8 DU/A. Provisions of the Zoning Ordinance, including the Planned Development Housing Overlay Zone, and Large Scale Residential Development Ordinance. April 12, 1989. May 29, 1989. i 2 SPECIAL INFORMATION: Public utilities: Public services: Transportation: Physical characteristics: ANALYSIS: Adequate public water and sewer services are available. Police and fire protection are available with sanitation service to be provided by a private hauler. The site is accessible via Oberlin Street. The site is also located on the Rochester transit route. Moderately sloping draining generally to the southwest. Pat Moore Construction Co. seeks approval of an eight (8) unit condominium development known as Oberlin Estates. The 2.33 acre development consists of five undeveloped ol four (1ots Oberlint of s2and one(1)t to the west Lot106).Lot 100pproed as (Lots tof Court Hill - Scott Boulevard Addition, Part VI, is currently zoned RM -20. Lots 122-124, Court Hill -Scott Boulevard Addition, Part VII, are currently zoned PDH -8 and approved for two (2) single -story four (4) unit apartment buildings. Lot 106, also of Part VII, is zoned RS -5 and is set aside as a stormwater detention basin for the Court Hill -Scott Boulevard development. The applicant is requesting approval of an amended preliminary and final Planned Development Housing (PDH) and Large Scale Residential Development (LSRD) plan for Lots 106, 122-124 of Court Hill -Scott Boulevard Addition, Part VII, and preliminary and final PDH and LSRD plan approval for Lot 100, Court Hill -Scott Boulevard Addition, Part VI. This request includes rezoning Lots 106 and 100 from RS -5 and RM -20, respectively, to PDH -8. Since the residential development is over two (2) acres in size, Section 27-52 of the Code of Ordinances requires approval of a LSRD plan. The proposed development also includes the vacation and relocation of a five (5) foot utility easement extending across the north lot line of Lot 100. This easement was platted as part of the Court Hill -Scott Boulevard Addition, Part VI. The Planned Development Housing Overlay (PDH) zone permits the use and development of a tract of land to vary from the conventional requirements of the underlying zone in which it is located. Provided sufficient consideration is given to the impact of the use on the particular tract of land on which it is located and to the effects of that development on surrounding property, it is the intent of the PDH zone to provide flexibility in architectural design, placement and clustering of buildings, use of open space, provision of circulation facilities and parking, and related site and design considerations. Although dwelling units may be clustered on a smaller area of the tract and thereby result in greater efficiency of development, the maximum permitted density of the underlying zone cannot be exceeded. 3 F The applicant proposes to establish a ranch -style condominium development E consisting of four (4) two (2) unit condominium dwellings oriented around a "horseshoe" shaped private drive. Each dwelling unit would provide approximately 1,844 square feet of living area and would cost $115,000 to $125,000. It is the applicant's intent to establish a condominium association that would be responsible for the care and maintenance of the common areas and the private drive. The proposed development is located on the four (4) platted lots east of Oberlin Street. The conveyance of the four (4) lots includes the stormwater r detention basin on Lot 106 west of Oberlin Street. Although included as a part p of this development, Lot 106 will continue to be reserved for its intended use as a stormwater detention basin. The site is located within an established residential neighborhood, surrounded by existing development with the exception of Scott Boulevard immediately to the east. The proposed development faces the stormwater detention basin (Lot 106) and the rear yards of single-family residences fronting on Amhurst Street to the west. Oberlin Street to the north has been developed for single-family residences with a portion of the Hanover Court Condominiums rearing upon the site to the north. Clusters of four (4) unit apartment buildings lie directly south of the proposed development. The PDH zone is intended to promote a safe and attractive living environment which is compatible with the surrounding neighborhood. Given the character of the surrounding neighborhood, the four (4) single -story condominium dwellings oriented onto an interior private drive should not affect neighboring properties any more than would a conventional development of the site. The use, size, design and type of structure with ample setbacks, is consistent with the residential character of the area. In addition, the single-family owner -occupied units will be consistent and compatible with use of surrounding properties. The proposed rezoning of Lot 100 and proposed PDH plan result in a decrease in development density. Presently zoned RM -20, a nine (9) unit apartment building could be constructed on Lot 100. With two (2) four (4) unit apartment buildings already approved for Lots 122-124, a total of 17 dwelling units could be developed on the four (4) lots east of Oberlin Street. The proposed PDH plan with eight (8) condominium units results in a development density of 3.4 dwelling units per acre which is substantially less than the maximum permitted density of the underlying zone. Compliance with the right-of-way tree and residential building coverage tree requirements applies to this development. With a total frontage of 308.67 feet on the east side of Oberlin Street, a total of eight (8) large or ten (10) small trees are required; eight (8) trees are provided. With 229.04 feet of frontage on the west side of Oberlin Street, six (6) large or eight (8) small trees are required; six (6) trees are provided. The plan indicates that 13 large trees would be required based upon the development's combined frontage on both sides of Oberlin Street. Residential building coverage trees are required at a ratio of one tree per 550 square feet of floor area. With a total building coverage of 14,752 square feet, a total of 27 trees are required; 42 are provided excluding Lot 106. To determine compliance with the Tree Regulations, the size, location and type of trees proposed need to be identified. 4 According to the off-street parking regulations, each unit is required to be provided with two (2) parking spaces. Each dwelling unit includes an attached double -car garage which satisfies this requirement. The garage aprons, located adjacent to the private drive, are large enough to accommodate two (2) additional side by side parking spaces. Access will be provided by a paved 22 -foot wide circular private drive. The reduction in pavement width from a 28 -foot local public street to a 22 -foot private drive is expected to have a negligible impact upon its use as a non - through local street. The plan notes that parking will be prohibited along the inside curve of the private drive. This was requested by the Fire Department to ensure adequate access for emergency vehicles. With parking prohibited along this portion of the drive, the reduced pavement width is adequate to provide for the safe and efficient movement of traffic within the development. The plan makes no provision for sidewalks within the development. Due to the small scale of the development and the compact arrangement of dwelling units, sidewalks are not regarded as necessary. The limited amount of traffic anticipated on the private drive and the availability of common open space within the development may serve as alternatives to the use of sidewalks along the private drive. Sidewalks presently exist adjacent to the development within the Oberlin Street and Scott Boulevard rights-of-way. For the benefit of area residents, the plan also provides for the extension of the existing sidewalk on the west side of Oberlin Street across the frontage of Lot 106. An agreement providing for the installation of the sidewalk should be submitted prior to the issuance of any building permits within the development. Planned developments shall take into consideration the need to provide open space for recreational purposes and to enhance the general character of the area. Of the land area east of Oberlin Street (78,055 square feet), approximately 69.5 percent or 54,243 square feet is set aside for common open space after deducting the land area devoted to building coverage and vehicular maneuvering areas. According to Section 36-48(g)(3)a. of th Zoning Ordinance the applicant is required to submit a legally binding instrument setting forth the procedures to be followed in maintaining the open space and the means for financing maintenance costs. The applicant intends to establish a condominium association that will be responsible for the perpetual maintenance of the common open space and private drive. The applicant is in the process of having the legally binding instrument prepared. The use and function of the stormwater detention basin located on Lot 106 will not change although included as a part of this development and rezoned PDH -8. Currently the responsibility for maintaining the detention basin falls upon the adjacent single-family residence to the north. As a matter of equity, the responsibility for maintaining the detention basin should be made a part of the development since the detention basin is included as a part of the Oberlin Estates development. The necessary legal documentation transferring the maintenance responsibility for the stormwater detention basin to that of the condominium association needs to be submitted. A second part of this request concerns the vacation and relocation of a five (5) foot utility easement extending across the north lot line of Lot 100. The applicant has begun consultation with the utility companies regarding the easements location. No public utilities extend through the easement and the AW 5 City has no objection to its relocation, provided the franchise utilities agree. Verification from Iowa -Illinois Gas & Electric, Northwestern Bell and Heritage Cable should be received prior to making a recommendation on the proposed development. The applicant requests the vacation to permit the development of the buildings as proposed. Economic Impact: The applicant estimates the value of each dwelling unit to be on average $120,000 for a total value of development of $960,000 excluding land costs. At the current City levy of $11.69523/$1,000 of assessed valuation, the development of all eight (8) condominium units would generate approximately $11,227 in annual City taxes. The proposed development does not involve any direct cost to the City; however, indirect costs such as street maintenance, police and fire protection, transit service, etc. will be incurred. The proposed development will not, however, have an adverse impact upon the City's ability to provide municipal services. STAFF RECOMMENDATION: Staff finds the use and design of the proposed condominium development with the variations requested to be consistent with the residential character of the surrounding neighborhood. Staff recommends, however, that consideration of the proposed preliminary and final PDH and LSRD plan of Oberlin Estates, including the rezoning of Lots 100 and 106 from RM -20 and RS -5, respectively, to PDH -8, be deferred, but upon resolution of the following deficiencies and discrepancies, that it be approved. Upon resolution of the deficiencies and discrepancies listed below, staff would recommend that the proposed vacation and relocation of the five (5) foot utility easement extending across the north lot line of Lot 100, Court Hill -Scott Boulevard Addition, Part VI, be approved. DEFICIENCIES AND DISCREPANCIES: 1. Accurately identify the size, location and type of tree plantings. 2. Submit necessary legal documentation transferring the responsibility for maintenance of the stormwater detention basin on Lot 106 to the Oberlin Estates Condominium Association. 3. Include a brief project description, intended time schedule for completion, responsibility for maintenance of common open space, private drives and detention basin. 4. Revise development density calculations to exclude area of private drive before calculating permitted density. 5. Submission of a legally binding instrument providing for the maintenance of the common open space. 6. Verification from the utilities regarding their acceptance of the relocation of the five (5) foot utility easement. 7. Submit an agreement providing for the installation of the sidewalk across the frontage of Lot 106 prior to issuance of any building permits in the development. 6 8. Identify method of refuse disposal and postal delivery for the development. ATTACHMENTS: I Location Map. ACCOMPANIMENTS: I. Preliminary and Final PDH & LSRD Plan for Oberlin states. Approved by: Don Ald Schmeiser, Directof Defiartment of Planning and Program Development LOCATION MAP Preliminary & Final PDH & LSRD Plan Oberlin Estates S-8913 a a I i i Pat Mae Mvdfradlloir anwaap 220 STEVENS DR. IOWA CITY. IOWA 52240 (319) 338-3868 April 15,1989 City of Iowa City _ 410 E. Washington St. _ Iowa City, Ions 52240 l .. �I + 5 Re: Oberlin Estates To Whom,it'my concern, - Statement of Intent: 'Pat Moore Construction Company intends to construct a seven unit condominium project on Oberlin St. The unit will be wood construction with redwood siding,prefinish insulation windows & oak interior trim. The units will be built on a concrete slab floor. The yard to be sodd and landscaping according to M.M.S. Consultants plot plan. '.These units will sell for approximately $115,000.00 - $125,000.00 per unit. " The drive will be poured concrete with only 2 entries to Oberlin St. We feel the plot plan is down zoning the area. The single unit sets.nextto the existing single family resident to keep in harmony with the neighborhood. To change " the duple;( unit would also stay in harmony with Hanover Court Condominiums. ' Our intent is to sell these units to empty nesters 1 Our intention of the tires schedule for constructing these units is to start as soon as .they are approved by the City, and continue construction as the units are com-' pleted and sold. And finish the project as'soon as possible. I i i + S` �r �I {I . I. 1 . 4 SINCE 1944 DUNCAN • MATHESON • GLASGOW INC. REAL ESTATE • SALES APPRAISALS CONSULTING April 14, 1989 To Whom it May Concern: - Mr. Ben Moore, Vice President of Pat Moore Construction Co., Inc. has requested a letter from me stating what I and many of my associates believe to be an ever growing need for ranch style quality condominiums with an association providing services to the owners. There appears to be a particular need on the East side. I.have been marketing similar units on the West side at Walden Court for three years and am often told by prospective Buyers that the units are very nice but they want to stay on the East side. It is important to note that seven Walden Court units have sold since the first of the year. This is more than a 200% increase over the last year reflecting .the growing population whose lifestyle fits the type of housing these units provide. These condominiums are designed for people who are retired or near .retirement and want carefree living without going into a retirement home. They are also appealing to single people who enjoy the security this type of neighborhood provides as well as having the lawn care and snow removal services provided. People who travel a lot or spend winters away from Iowa,City are particularly comfortable with this type of unit. It is evident to me that Iowa City has a growing population of people wanting, for one reason or another, to retire here and are looking for quality homes requiring minimal care and maintenance. I am excited at the prospect of having more units available on the East side and the response to the mostly word-of-mouth advertising we have done so far on the four units at Scott Manor has been positive and encouraging. I believe a development of this type will not only contribute to a quality, neighborhood but to the overall quality of life in our community. r Sincerely, t2rSCLIVI:U! Nancy Droll, Realtor APR 1 4 1989 Duncan Matheson Glasgow, Inc. P.P.O.ut. (IMENT ND/jw 321 E. Market St., Suite 101 Iowa City, Iowa 52245 Phone 3191354.5444 AV// I 108 Oberlin Street May 9, 1989 Hl cFIVL:n MAY 10 1989 Mr. Barry Beagle, Associate Planner P.P.D.ViirNeIMENT Iowa City Planning Department 410 East Washington St Iowa City, IA 52240 Dear Mr. Beagle: " We recently received your letter informing us that Pat Moore Construction Company has initiated application for preliminary PDH plan approval for four lots on the east side of Oberlin Street for four, two -unit condominiums dwellings. Our first preference for the use of these lots would be single family dwellings. We are, however, in favor of the two -unit condominiums but would strongly object to any buildings with more than two units each. We are very pleased with our neighborhood as it is now and prefer to limit the number of multi -unit dwellings as much as possible. I appreciate your time on the phone to answer my questions regarding this issue. i Sincerely, Sid and Pam Mills mir4ml Robot Construction 931 Maiden Lane IOWA CITY, IOWA 52240 May 1, 1989 Mayor John McDonald Members of Council 410 E. Washington Street Iowa City, Iowa 52240 I am requesting an expedited consideration of the approval of an amended preliminary PDH plan of Summit Place. Summit Place is a seven unit luxury condominium project. Due to changes requested by the Planning and Zoning Commission, as well as staff, we encountered a two week delay. The project must be started in early summer to ensure its success. The amended PDH plan of Summit Place passed the Planning and 'Zoning Commission 6 — 0. Thank you for your consideration in this matter. Respectfully submitted, Michael E. Hodge v MEH/jh cc: Barry Beagle i j li � I i- i j i t #, ORDINANCE NO. 89-3416 ORDINANCE APPROVING THE AMENDED PRELIMINARY PLANNED DEVELOPMENT HOUSING (PDH) PLAN FOR SUMMIT PLACE LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF KIRKWOOD AVENUE AND MARCY STREET, IOWA CITY, IOWA. i q BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: o SECTION I. APPROVAL Subject to the terms and conditions tp of the attached ancillary Agreement, the Amended Preliminary PDH Plan for Summit Place, and legally described in Attachment A, Is hereby approved. The Amended Plan is t approved under the present PDH -5 zoning classification of the SECTION Il. VARIATIONS. Section 36-47(x) of the Zoning Ordinance permits flexibility in the use and development of strUCtures and lend where such variations from the conventional requirements of the underlying zone will not be contrary to the purpose and imam of the Zoning Ordinance, not be inconsistent with the Comprehensive Plan, nor be harmful to the neighborhood in which located. The following variations are found to be consistent with these standards and are approved as a part of this Plan. The variations permit: A Seven (n condominium units arranged in three (3) unit and four (4) unit dwellings. The dwellings are located on the portions of the aka more suitable for development, which results in conservation of open space and preservation of existing tree stock. Various methods have been employed to Integrate the project Into the neighborhood, and includes fences of a residential scale and design; vegetative screening; preservation of existing mature tree stock; and Incorporating a staggered design of the four (4) unit dwelling oriented onto Marcy Street to soften the visual effect of the dwelling. B. Restoration of the existing brick and Iron fence on Kirkwood Avenue and construction of a similar brick and Iron fence on Marcy Street. Both fences will not exceed a height of seven (7) feet, and are permitled to be located on the rights-ot-way line of Kirkwood Avenue and Marcy Street The proposed design will not Impair Visibility of traffic approaching the Kirkwood Avenue/Marcy Street intersection, northe visibility of the Sidewalk for traffic entering or leaving the development via the private drive on Mercy Street. Retention of the brick and Iron fence is favored by adjoining property owners, and will lessen the Impact of the proposed development on the surrounding neighborhood. C. Reduction of pavement width and design standard from e 28 -foot wide curb and gutter public street to a 22 - loot wide non -curb and gutter private drive. The reduced pavement width and design standard allows for the safe and efficient movement of traffic within this small, non4hrough street development. The width and alignment of the drive is Intended to minimize the loss of existing on -she tree stock without sacrificing traffic safety. With the three (3) unit dwelling equipped with a fire sprinkling system, the width and design of the private drive Is adequate for emergency vehicle access. I^n './� . ■ Ordinance No. 89-3416 Page 2 D. No Internal sidewalks. Due to the small scale of this development and its compact arrangement, sidewalks are not regarded as necessary. The limited amount of .. traffic anticipated on the private drive, on which no parking is permitted, together with the availability and accessibility of common open space within the developmem, may serve as alternatives to the use of sidewalks. Sidewalks presently bAst adjacent to the development within the Kirkwood Avenue/Marcy Street right-of-way. SECTION III. AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the attached Agreement - - SECTION IV. REPEALER. All ordinances and pans of ordinances In conflict with the provisions of this Ordinance are hereby repealed. - SECTION V. SEVERABILITY. It any section, provision or pan of the Ordinance shall be adjudged to be Invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whale or any section, provision or pan "thereof not adjudged Invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after ita final passage, approval and publication as required by law, and shall be recorded In the Johnson County Recorders Office. - Passed and approved this 13th day of Jtme, 89. i A� YO-R. ATTEST: CITY CLERK Approved as to Form 7 4LgW�Wparlmenl //- P/0 I It was moved by Balmer and seconded by 4mbrisco that the Ordinance as read e adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer R Courtney R Horowitz % Kubby X Larson X McDonald First Consideration 5/30/89 Vote for passage: Ayes: Kubby, Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz. Nays: None. Absent: None. Second Consideration Vote for passage-.- Date assage: Date published 6/21/89 Moved by Balmer, seconded by Ambrisco, 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 consideration and vote be waived and the ordinance to voted upon for final passage at this time. 'Ayes: Balmer, Courtney, Kubby, Larson, . McDonald, Ambrisco. 'Nays: Horowitz. Absent: None., I I 1 - I i l i i I It was moved by Balmer and seconded by 4mbrisco that the Ordinance as read e adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer R Courtney R Horowitz % Kubby X Larson X McDonald First Consideration 5/30/89 Vote for passage: Ayes: Kubby, Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz. Nays: None. Absent: None. Second Consideration Vote for passage-.- Date assage: Date published 6/21/89 Moved by Balmer, seconded by Ambrisco, 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 consideration and vote be waived and the ordinance to voted upon for final passage at this time. 'Ayes: Balmer, Courtney, Kubby, Larson, . McDonald, Ambrisco. 'Nays: Horowitz. Absent: None., i ATTACHMENT A LEGAL DESCRIPTION Beginning at a found pin at the intersection of the South line of Kirkwood Avenue, and the East Line of Marcy Street in Iowa City, Iowa, which is the Northwest Corner of Lot 5, as Recorded in Plat Book 2, Page 36, Johnson County Recorder's Office, Johnson County, Iowa; Thence N90000'00"E, (An Assumed Bearing for the purpose of this Description) along the South Line of said Kirkwood Avenue, 246.01 feet, to the East face of a Brick Column; Thence S1045'11"W, parallel with said Marcy Street, 463.05 feet to a found Pipe; Thence N90000'00"W, 39.34 feet to a found pin; Thence N2°24'00"E, 28.95 feet; Thence N90°00'00"W, 17.00 feet; Thence N1045'11"E, 120.00 feet; Thence N90100'00"W, 90.00 feet; Thence N1045'11"E, 120.50 feet; Thence N9000010011W, 100.00 feet to a found Pipe on the East Line of said Marcy Street; Thence N1045'11"E, along the.East Line of said Marcy Street, 193.61 feet to the Point of Beginning. Said tract of land contains 1.68 acres more or less, and subject to easements and restrictions of record. l ij.:. a I. I' i I 1 i ATTACHMENT A LEGAL DESCRIPTION Beginning at a found pin at the intersection of the South line of Kirkwood Avenue, and the East Line of Marcy Street in Iowa City, Iowa, which is the Northwest Corner of Lot 5, as Recorded in Plat Book 2, Page 36, Johnson County Recorder's Office, Johnson County, Iowa; Thence N90000'00"E, (An Assumed Bearing for the purpose of this Description) along the South Line of said Kirkwood Avenue, 246.01 feet, to the East face of a Brick Column; Thence S1045'11"W, parallel with said Marcy Street, 463.05 feet to a found Pipe; Thence N90000'00"W, 39.34 feet to a found pin; Thence N2°24'00"E, 28.95 feet; Thence N90°00'00"W, 17.00 feet; Thence N1045'11"E, 120.00 feet; Thence N90100'00"W, 90.00 feet; Thence N1045'11"E, 120.50 feet; Thence N9000010011W, 100.00 feet to a found Pipe on the East Line of said Marcy Street; Thence N1045'11"E, along the.East Line of said Marcy Street, 193.61 feet to the Point of Beginning. Said tract of land contains 1.68 acres more or less, and subject to easements and restrictions of record. l ij.:. a I. I' ANCILLARY AGREEMENT - SUMMIT PLACE This Agreement is entered into between the City of Iowa City, Iowa, a municipal corporation ('City') and Dean G. Oakes and Evelyn M. Oakes, husband and wife (hereinafter 'Oakes"). WHEREAS, Oakes is the owner of a 1.69 acre parcel of land located at the southeast corner of the intersection of Kirkwood Avenue and Marcy Street in Iowa City, Iowa; and WHEREAS, Oakes has requested approval of an amendment to the Preliminary Planned Development Housing (PDH) Plan, in order to develop the property for a seven - unit condominium known as Summit Place (hereafter "Project Site"); and WHEREAS, the Project Site is an historically significant area, and is located in close proximity to the Summit Street Historic Preservation District; and WHEREAS, the surrounding neighborhood has requested that the owner of the Project Site dedicate certain portions of the property to the public, in order to inform the citizenry as to the historic value of the Project Site; and WHEREAS, after public hearing, the Iowa City Planning and Zoning Commission ("Commission") recommended approval of the Amended Plan, subject to an ancillary agreement addressing these historic concerns; and WHEREAS, Oakes has agreed to certain of these requests, to be memorialized herein and become part of the Amended Preliminary PDH Plan. 2 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Oakes is the owner of a 1.69 acre parcel of land located at the intersection of Kirkwood Avenue and Marcy Street in Iowa City, Iowa, known as 925 Kirkwood and presently zoned PDH -5, with a PDH overlay pursuant to Section 36-47, Iowa City Code of Ordinances. 2. Oakes has requested and received approval from the Commission of an Amendment to the previously approved Preliminary PON Plan, to be known as Summit Place subject to the inclusion of certain conditions noted herein. 3. Parties agree this Ancillary Agreement does not constitute a conditional zoning agreement under Chapter 414, Iowa Code, and is being entered into herein for a legitimate, mutually beneficial public purpose to educate the citizenry of Iowa City, Iowa on the historically significant area of the Project Site along Kirkwood Avenue. 4. To this end, Oakes agrees to cause the Plaque to be mounted on the brick wall adjacent to the Project Site, which Plaque and mounting shall be dedicated to the public in order to inform the citizenry of Iowa City, Iowa, of the historic value of the project site.. S. Parties agree the design, content and placement of the Plaque will be referred to the Iowa City Historic Preservation Commission for review, concurrence and approval. i i i i i 2 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Oakes is the owner of a 1.69 acre parcel of land located at the intersection of Kirkwood Avenue and Marcy Street in Iowa City, Iowa, known as 925 Kirkwood and presently zoned PDH -5, with a PDH overlay pursuant to Section 36-47, Iowa City Code of Ordinances. 2. Oakes has requested and received approval from the Commission of an Amendment to the previously approved Preliminary PON Plan, to be known as Summit Place subject to the inclusion of certain conditions noted herein. 3. Parties agree this Ancillary Agreement does not constitute a conditional zoning agreement under Chapter 414, Iowa Code, and is being entered into herein for a legitimate, mutually beneficial public purpose to educate the citizenry of Iowa City, Iowa on the historically significant area of the Project Site along Kirkwood Avenue. 4. To this end, Oakes agrees to cause the Plaque to be mounted on the brick wall adjacent to the Project Site, which Plaque and mounting shall be dedicated to the public in order to inform the citizenry of Iowa City, Iowa, of the historic value of the project site.. S. Parties agree the design, content and placement of the Plaque will be referred to the Iowa City Historic Preservation Commission for review, concurrence and approval. I 3 6. Parties agree funding for the Plaque will be privately provided and will not obligate the City in any way. However, Parties further agree this Ancillary Agreement shall not preclude the City from contributing to such Plaque fund, if properly requested and granted. 7. Maintenance of the plaque, after mounting, shall be the responsibility of the City. 8. Oakes further a rant agrees to 9 g permanent easement to the City of Iowa City L for use of a portion of the Project Site, the location of which easement j shall be as close to the sidewalk fronting Kirkwood Avenue as possible. P" Parties further agree the .easement location will be designated originally by Oakes subject to the approval'of the City. Parties further agree that IL use of this perpetual easement will be for placement and use of a City park bench, and that the easement and bench shall be for the purpose of I . informing the public of the Project Site as an historically significant j I area, and will be dedicated to the public's use and enjoyment. 9. City agrees to provide the park bench .for placement on the permanent easement, and Oakes agrees to furnish and construct the concrete pad on which the bench will rest, which pad will be.8 foot by 3 foot in size. The park bench area and easement will thereafter be maintained by the Iowa i City Parks and Recreation Department. I 10. Parties agree that this Ancillary Agreement shall inure to the benefit of the Parties' successors in interest and assigns, and that this Agreement I j 3 6. Parties agree funding for the Plaque will be privately provided and will not obligate the City in any way. However, Parties further agree this Ancillary Agreement shall not preclude the City from contributing to such Plaque fund, if properly requested and granted. 7. Maintenance of the plaque, after mounting, shall be the responsibility of the City. 8. Oakes further a rant agrees to 9 g permanent easement to the City of Iowa City L for use of a portion of the Project Site, the location of which easement j shall be as close to the sidewalk fronting Kirkwood Avenue as possible. P" Parties further agree the .easement location will be designated originally by Oakes subject to the approval'of the City. Parties further agree that IL use of this perpetual easement will be for placement and use of a City park bench, and that the easement and bench shall be for the purpose of I . informing the public of the Project Site as an historically significant j I area, and will be dedicated to the public's use and enjoyment. 9. City agrees to provide the park bench .for placement on the permanent easement, and Oakes agrees to furnish and construct the concrete pad on which the bench will rest, which pad will be.8 foot by 3 foot in size. The park bench area and easement will thereafter be maintained by the Iowa i City Parks and Recreation Department. I 10. Parties agree that this Ancillary Agreement shall inure to the benefit of the Parties' successors in interest and assigns, and that this Agreement I 4 shall be deemed a covenant running with the land, to be recorded in the Johnson County Recorder's Officer 11. Parties each agree to hold the other Party harmless from the negligent act and omissions of their own representatives, agents, assigns, employees and/or officials. Parties further agree they shall assume responsibility for their own employees', officials', agents', representatives' and assigns' negligence. 12. Parties further agree that the mutual covenants and promises herein shall constitute consideration for this Agreement; that no new class of third - party beneficiaries are hereby created; and that this writing shall constitute the entire Agreement, subject to the subsequent satisfaction of the terms and conditions herein, inter alia, of construction of the Plaque mounting, granting of a perpetual easement, and placement of the park bench. Dated this 13th day of June, 1969. CITY OF IOWA CITY* By: Lcll I/°C[i IUG�ur-L/� yor ATTEST:_ �%la`; ewre -Cit C er . A Dean G. Oa ces t t S STATE OF IOWA ) JOHNSON COUNTY ) SS: On this 13th day of June Gina M. Heick 1989 before me, owa,own persona y appeare o n X oeald Nand Marian K iKarr t 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) passed (1tWpOppq No. 89-3416 by the City Council, under . Ca No. of the City Council on the 13th day of June of t�ostrumentttoohn be theirald and voluntar'y act and deedaand oye the voluntaryxacttand deed of the corporation, by it voluntarily executed. Notary Fuoiic in anon or t e State o Iowa STATE OF IOWA ') JOHNSON COUNTY � SS: On this /jeaf , to be the i entca persons namt instrument, and acknowledged that and deed. C Iotar u in RIME] EE 1C FDq k' 7 LEGAL DEPARTMENT 6- f d % 1gf9 , before me, the UyY in sai State, personally u ,tomeknown thet ame as thwiteir voluntarforey act ANCILLARY AGREEMENT - SUMMIT PLACE DRAFT This Agreement is entered into between the City of Iowa City, Iowa, a municipal corporation ("City") and Oakes Construction Company, an Iowa corporation ("Oakes Construction"). WHEREAS, Oake Construction is the owner of a 1.69 acre parcel of land located at the southeast orner of the intersection of Kirkwood Avenue and Marcy Street in Iowa City, Iowa; nd WHEREAS, Oakes Construc 'on Preliminary Planned Developr property for a seven -unit coi Site"); and WHEREAS, the Project Site is in close proximity to the has requested approved of an amendment to the nt Housing PDH) Plan, in order to develop the oplinium nown as Summit Place (hereafter "Project i historically significant area, and is located t Street•.Historic Preservation District; and WHEREAS, the surroundi g neighborhood has requested that the owner of the Project Site dedicate cer7ohe portions of the property to the public, in order to inform the citizenry as historic value of the Project Site; and WHEREAS, /aepublic hearing, the Iowa City Planning and Zoning Commission ("Commissrecommended approval of the Amended Plan, subject to an ancillary agreementessing these historic concerns; and Ii i i ANCILLARY AGREEMENT - SUMMIT PLACE DRAFT This Agreement is entered into between the City of Iowa City, Iowa, a municipal corporation ("City") and Oakes Construction Company, an Iowa corporation ("Oakes Construction"). WHEREAS, Oake Construction is the owner of a 1.69 acre parcel of land located at the southeast orner of the intersection of Kirkwood Avenue and Marcy Street in Iowa City, Iowa; nd WHEREAS, Oakes Construc 'on Preliminary Planned Developr property for a seven -unit coi Site"); and WHEREAS, the Project Site is in close proximity to the has requested approved of an amendment to the nt Housing PDH) Plan, in order to develop the oplinium nown as Summit Place (hereafter "Project i historically significant area, and is located t Street•.Historic Preservation District; and WHEREAS, the surroundi g neighborhood has requested that the owner of the Project Site dedicate cer7ohe portions of the property to the public, in order to inform the citizenry as historic value of the Project Site; and WHEREAS, /aepublic hearing, the Iowa City Planning and Zoning Commission ("Commissrecommended approval of the Amended Plan, subject to an ancillary agreementessing these historic concerns; and 2 WHEREAS, Oakes Construction has agreed to certain of these requests, to be memorialized herein and become part of the Amended Preliminary PDH Plan. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Oakes Constructi\a925 mpany is the owner of a 1.69 acre parcel of land located at the iction of Kirkwood A Znue and Marcy Street in Iowa City, Iowa, knowKirkwood and pr sently zoned PDH -5, with a PDHoverlay pursuantction 36-47, Iow City Code of Ordinances. { i 2. Oakes Construction has \reqested an received approval from the Commission I i; i of an Amendment to the previous y approved Preliminary PDH Plan, to be I' known as Summit Place, subj\ to the inclusion of certain conditions noted herein. 3. Parties agree this Ancil ary Agreement does not constitute a conditional I i zoning agreement under Chapter 414, Iowa Code, and is being entered into herein for a legitima e, mutually beneficial public purpose to educate the II citizenry of Iowa ty, Iowa on the historically significant area of the Project Site alon Kirkwood Avenue. 4. To this end, akes Construction agrees to construct the mounting for placement of Plaque on the Project Site, to be dedicated to the public, ' in order to inform the citizenry of Iowa City, Iowa of the historic value of the Pro ect Site. ANAL /� l 3 5. Parties agree the design, content and placement of the Plaque will be referred to the Iowa Cit Historic Preservation Commission for review, concurrence and approval 6. Parties agree funding for the Plaq/willa privately provided and will not obligate the City in \ny way., Parties further agree this Ancillary Agreement shall n tt preclCity from contributing to such Plaque fund, if properly req�lestedted. 7. Maintenance of the plaque, aft mounting, shall be the responsibility of the City. 8. Oakes/rically uction furt er agrees to` rant a permanent easement to the City of Ioy for us of a portion of the Project Site, the location of whichnt sha be as close to the sidewalk fronting Kirkwood Avenue as po. arties further agre, the easement location will be desigri inally by Oakes Construction, subject to the approval of the Crties further agree that use�of this perpetual easement will be foment and use of a City park bench, and that the easement and benchbe for the purpose of informing the public of the Project Site as anically significant area, and will be dedicated to the public's use aoyment. 9. Ci t/ agrees to provide the park bench for placement on the permanent easement, and that the bench area and easement will thereafter be maintained by the Iowa City Parks and Recreation Department. 9 10. Parties agree that this Ancillary Agreement shall inure to the benefit of the Parties' successors in interest and assigns, and that this Agreement shall be deemed a covenant running with the land, to be recorded in the Johnson County Recorder's Office. 11. Parties each ag ee to hold the other Party harmless from the negligent act and omissions o their own representatives, agents, assigns, employees and/or officials. Parties further agree they shall assume responsibility for their own emp oyees', officials', agents', representatives' and assigns' negligence. / 12. Parties further agree tha the mutu covenants and promises herein shall constitute consideration fo th' Agreement; that no new class of third - party beneficiaries are her y created; and that this writing shall constitute the entire Agr emen subject to the subsequent satisfaction of the terms and condi ions herein, inter alia, of construction of the Plaque mounting, gr ting of a perpetual easement, and placement of the park bench. \\ Dated this day of May, 1989. C TY OF IOWA CITY OAKES CONSTRUCTION COMPANY By: By: May6r Dean G. Oakes, President ATTEST: By: City Clerk Evelyn M. Oakes, Secretary S—,APPAOVW A TO FORM LEGAL (� 7' DEPARTMENT .5-- //— doy f.7 STATE OF IOWA ) SS: JOHNSON COUNTY ) On this day of 19 before me, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian 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 C.ty of Iowa City, Iowa; that the seal affixed to the foregoing instrument is a corporate seal of the corporation, and that the instrument was signed and se led on behalf of the corporation, by authority of its City Council, as contai ed in (Ordinance) (Resolution) No. passed (the Resolution adop ed) by the City Council, under Roll Call No. of the City Coun it on the day of 19, and that John McDon Id and Marian K. Karr 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 exegbted. STATE OF IOWA ) SS: JOHNSON COUNTY ) On this day of _ the undersigned, a Notary appeared known, who, being by corporation executing the attached, that (no seal h instrument was signed (an seal of said) said carpo ai the said officers acknowledged he and deed of said cor rati in and me itnin ano Toreg ing been procured by the sealed) on behalf o (th :ion by authority of i s and execution of said instr )n, by it and by them v o A.D. 19 , before me, a State of Iowa, personally to me personally say that they are the respectively, of said instrument to which this is said) corporation; that said e seal affixed thereto is the Board of Directors; and that as such ent to be the voluntary act ntarily executed. Notary Public in and for said County and State i i i ORDINANCE NO. 89-3417 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY GENERALLY LOCATED SOUTH OF HILLTOP i MOBILE HOME PARK AND WEST OF EXISTING PEPPERWOOD ADDITIONS DEVELOPMENT ON SANDUSKY AND PEPPER DRIVES EXTENDED FROM ID-RM TO RS-5. WHEREAS, the entire parcel described in detail below is adjacent to properties zoned RS-5, which have developed for low density, single -family residential purposes; and WHEREAS, the easterly part of this entire parcel is zoned RS-5, but the remaining approximately 10 acres on the westerly portion of this parcel was zoned RD-RM, Interim Development Multi-family Residential in order to permit development of lower cost owner-occupied housing when municipal infrastructure and services become available; and WHEREAS, adjacent property has now developed for lower cost owner-occupied housing; and WHEREAS, the entire parcel described below is contiguous to existing residential development and may now be sewered via extensions of the sewer system serving existing residential development east of this parcel; and WHEREAS, due to physical similarities between the subject parcel and nearby development, it is appropriate to allow the entire property to be used for low density, single -family residential uses, compatible with surrounding residential development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. ZONING AMENDMENT. That the property described below is hereby zoned RS-5: A parcel of land in the SE I NE I, Section 22, T. 79 N., R. 6 W. of the 5th P.M., Iowa City, Iowa, described as follows: Commencing at a 5/8" rebar marking the NW corner of Pepperwood Addition, Part 1 as recorded in Plat Book 17, Page 22, Johnson County Recorder's Office, said point lying N 0.01'45" E - 1205.49 feet and N 89.33'40" W - 944.26 feet of the SE corner of the W I SW I NW I, Section 23; Ordinance No. 89-3417 Page 2 y' thence N 89^33140" - 746.94 feet along the north line of Pepperwood, Part 4 as recorded in Plat Book 25, Page 10, Johnson County Recorder's Office to the Point of Beginning; i thence S 0°26120" W - 120.00 feet i along the west line of said Pepperwood, Part 4; thence southwesterly - along said west line 23.56 feet along a 15 foot radius curve concave northwesterly which chord bears S 45.26120" W - 21.21 feet; thence S 0.26120" W - 66.00 feet along said west line; thence S 89.33140" E - 15.00 feet to the 'northwest corner of Pepperwood, Part 6 as recorded in Plat Book 25, Page 10, Johnson County Recorder's Office; thence S 0.26'20" W - 60.00 feet along the west line of said Pepperwood, Part 6; thence S 11.47'29" W - 121.96 feet along said west line; thence S 9.15150" W - 80.87 feet along said line; thence S 0.44159" E - 80.87 feet along said west line; thence S 10.45148" E - 80.87 feet along said west line; thence S 20.46137" E - 80.87 feet along said west line; thence S 3038'09" E - 80.87 feet along said west line; thence S 37.33140" E - 152.21 feet along said west line; thence S 66.42'01" E - 96.62 feet alongsaid west line to a point on the west line of Pepperwood, Part 7 as recorded in Plat Book 25, Page 10, Johnson County Recorder's Office; thence S 0.00143" W - 120.00 feet along said west line; thence N 89.59117" W - 34.00 feet along said west line; thence S 0.00143" W - 173.28 feet along said west line to the southwest corner of said Pepperwood, Part 7; thence N 89.59117" W - 990.17 feet; thence N 0.00143" E - 524 feet; thence northeasterly 892.41 feet along a 750 foot radius curve concave southeasterly which chord bears N 34.05158" E - 840.69 feet to a point on the south line of part 3, Braverman Center as recorded in Plat Book 7, Page 9, Johnson County Recorder's Office; i Ordinance No. 89-3417 Page 3 thence S 89°33140" E - 325.16 feet along said southline to the Point of Beginning. Said parcel contains 21.8 acres, more or less. SECTION II. ZONING MAPThe 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. C RTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded at the Office of the County Recorder of Johnson County, Iowa. SECTION IY R DFGIFR; All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY: If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION VI. EFFECTIVE DATE: This Ordinance shall be in force and effect from and after its final passage and publication as by law provided, and shall be recorded in the Johnson County Recorder's Office. Passed and approved this 13th day of June, 1989. OR ATTEST: -o CITY' CLERK Approved as to Form i ega Department ,57-//• 0'% It was moved by -- Balmer and seconded by Ambrisco that the Ordinance as read Ye adoPteFf—and upon roll call TtFere �w�7 AYES: NAYS: ABSENT: x Ambrisco x Balmer _X Courtney x Horowitz Kubby Larson —Y McDonald First Consideration Z30Z89 Vote for passage: Ayes: Horowitz, Kubby, Larson, McDonald, Ambrisco, Balmer, Courtney. Nays: None. Absent: None. Second Consideration ----------- Vote for passage: Date published 6/21/89 Moved by Balmer, seconded by Ambrisco, 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 seconded consideration and vote be waived and the Ordinance be votedr-r I upon final passage at this time. Ayes: Horowitz, Kubby, Larson, McDonald, Ambrisco, Balmer, Courtney. Nays: None. Absent: None. /to/%3 . .... ..... ....... PI ORDINANCE NO. 89-3418 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REZONING APPROXIMATELY 28 ACRES ALONG HIGHWAY 1 WEST FROM I-1 TO CC -2. WHEREAS, a 28± acre tract of land, located north and west of the Iowa City Municipal Airport, on Highway 1 West is presently zoned I-1; and WHEREAS, the Comprehensive Plan for the City of Iowa City has been amended to show a general commercial land use designation on this tract; and WHEREAS, abutting properties are undeveloped or are developed commercially; and WHEREAS, Chapter 414.5 of the Code of Iowa permits a city to impose certain conditions in rezoning cases where it can be shown that the conditions are reasonable and are imposed to satisfy public needs which are directly caused by the proposed rezoning; and WHEREAS, the City of Iowa City has, as part of its Comprehensive Plan, a policy to preserve and enhance the entranceways to Iowa City; and WHEREAS, Highway 1 West is the major entranceway to Iowa City from the Southwest; and WHEREAS, the commercial development of the site in question will generate more traffic than would industrial development of the site, thus requiring certain capital improvements; and WHEREAS, the Joseph Company, developer of the site, has agreed to certain conditions to conform to the City's policy regarding entranceways and to assume financial responsibility for certain off- site improvements related to the anticipated traffic from the site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. ZONING AMENDMENT. Subject to the terms and conditions of the Conditional Zoning Agreement, attached as Exhibit A, the property described in Exhibit B is hereby reclassified from its present classification of I-1 to CC -2. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed Ordinance No. 89-3418 Page 2 Yi 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 is by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign and the City Clerk to attest and record in the office of the Johnson County d Recorder this ordinance and the Conditional i Zoning Agreement attached hereto. 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 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as r required by law. Passed and approved this 13th day of June, 1989. ATTEST: ATTEST: CIT LERK Approved as to Form egal Department CON M2ML ZONING AGREFMEI�'r This Agreement is entered by and between The Joseph Company ('Joseph Companym) and the City of Iowa City, Iowa, a municipal corporation ('City'), WHEREAS, Joseph Company has applied for rezoning a 28.084 acre parcel of land from Industrial, I-1 to Commercial, CC -2 located on the south side of Highway 1 West and legally described In Exhibit B attached hereto and Incorporated herein by reference. WHEREAS, the City has a policy to preserve and enhance the entranceways to Iowa City, Iowa; and WHEREAS, Highway 1 West Is a major entranceway to Iowa City from the southwest and Increased traffic Is anticipated tt this rezoning request is granted; and WHEREAS, Iowa law provides that the City of Iowa City may Impose reasonable conditions on granting Joseph Company's rezoning request, over and above existing regulations, In order to satisfy public needs directly caused by the requested change; and WHEREAS, Joseph Company acknowledges that certain conditions and restrictions are appropriate in order to lessen the Impact on this major entrance to the City, and acknowledges responsibility for certain capital improvements to accommodate increased traffic. THEREFORE, the Parties agree as follows: ' it i i I I CON M2ML ZONING AGREFMEI�'r This Agreement is entered by and between The Joseph Company ('Joseph Companym) and the City of Iowa City, Iowa, a municipal corporation ('City'), WHEREAS, Joseph Company has applied for rezoning a 28.084 acre parcel of land from Industrial, I-1 to Commercial, CC -2 located on the south side of Highway 1 West and legally described In Exhibit B attached hereto and Incorporated herein by reference. WHEREAS, the City has a policy to preserve and enhance the entranceways to Iowa City, Iowa; and WHEREAS, Highway 1 West Is a major entranceway to Iowa City from the southwest and Increased traffic Is anticipated tt this rezoning request is granted; and WHEREAS, Iowa law provides that the City of Iowa City may Impose reasonable conditions on granting Joseph Company's rezoning request, over and above existing regulations, In order to satisfy public needs directly caused by the requested change; and WHEREAS, Joseph Company acknowledges that certain conditions and restrictions are appropriate in order to lessen the Impact on this major entrance to the City, and acknowledges responsibility for certain capital improvements to accommodate increased traffic. THEREFORE, the Parties agree as follows: 2 A. General Conditions 1. Parties acknowledge Iowa City has a policy, as stated In the Comprehensive Plan, to preserve and enhance the entranceways to Iowa City. Joseph Company agrees and acknowledges this policy is reasonable, proper and appropriate under the circumstances. 2. Parties agree Highway 1 West Is a major entranceway to Iowa City from the southwest. Joseph Company acknowledges the City's policy concerning entranceways governs this rezoning request. To this end, Joseph Company agrees to provide certain amenities over and above City regulations in order to lessen the Impact on the surrounding area, more particularly described below. 3. Parties acknowledge and agree that the proposed rezoning from 1.1 to CC -2 will permit commercial uses, not otherwise contemplated under 1-1 zoning, and that the rezoning request herein will generate higher traffic than . under I- 1. Joseph Company agrees that, in order to lessen the impact on the surrounding area, It will construct certain capital Improvements, more particularly described below. B. Conditions - Amenities 4. Joseph Company agrees that the ±28 acre parcel, to be known as Westport Plaza and referred to herein as the Development Site, will be developed as a cohesive, integrated development with one major entrance on Highway 1 West. 101(0, U 3 Nothing in this Agreement $hail preclude a secondary entrance at the eastern boundary of the Site Development. r _ 5. In order to lessen the Impact on one of the major entrances to the City, Joseph Company agrees that the Development SRO will substantially conform to the r L Conceptual Site Plan dated April 20, 1989 and by reference made a part hereto. gSi This Plan Includes and shall satisfactorily address the following concerns: r a. Joseph Company agrees that no more than two (2) free-standing signs will be permitted on the Development Site, as shown on the Conceptual Site Plan dated April 20, 1989 and Incorporated herein by reference. b. Signage on the wall of Anchor No. 1 facing Highway 1 West is prohibited. E C. Signage on the rear wall of Anchor No. 1 is prohibited. i d. Arborvitae screening shall be placed along the southwest' boundary of the Development South of the frontage road, as shown on the Conceptual She Plan. e. All lighting shall be downcast, and all signage shall be internally Illuminated. f. Plantings a ' g long the right-of-way shall be a ma of deciduous trees with 1 varied groupings of evergreens, as shown on the Conceptual Site Plan. 1 i 4 g. Low-lying evergreen landscaping shall be deemed appropriate along the major entrance to the Development She from Highway 1 West. _ 6. Parties agree that the Conceptual Site Plan dated April 20, 1989 will be subject to modifications within the general parameters of the Conceptual Site Plan, such as structural .dimensions and tree species. Parties further agree that any modifications departing from this Conceptual She Plan must and shall be subject to staff review and approval. Parties also agree that nothing in this Agreement shall be construed to require Joseph Company to conform to the Conceptual She Plan in every detail, since the Plan Is intended as conceptual in nature due, in part, to the fact that only one of the anchors are currently Identified. Dimensional changes are therefore anticipated. Parties further agree that the Conceptual Site Plan shall govern the Development Site, and that neither Party may intentionally digress from this Conceptual She Plan for any arbitrary reason. 7. Joseph Company agrees that the final design of the Development Site shall provide facades in the retail centers that are compatible and that provide horizontal continuity, as shown on the drawings presented to the Planning and Zoning Commission and dated April 20, 1989. 'j i� ii �i l' ' b i- ( C. Conditions - Off -She Improvements f S , a. Joseph Company agrees to assume total financial responsibility for the off-site Improvements required by this Development She, spegspecifically: i' t a. Any geometric changes in the Highway 1 West right-of-way associated with the major entrance; e b. Signalization (trairc light) to be placed at the main entrance to the Development Site on Highway 1 West as shown in the Conceptual Site Plan; and C. Improvement of the north -south right-ol-way east of Carousel Motors from the existing frontage road to the north boundary of the Development She. Joseph Company agrees these improvements will be made to City standards. 9. Nothing in this Agreement shall be construed to relieve Joseph Company from complying with all applicable local and state regulations, and Joseph Company acknowledges this obligation. 8 10. Parties agree that this Conditional Zoning Agreement shall be deemed a covenant running with the land and shall inure to the benefit of all successors and assigns of the property being rezoned herein. Parties further agree that this Conditional Zoning Agreement shall be incorporated by reference Into the Rezoning Ordinance; and that upon adoption and publication of the Ordinance, that this Conditional Zoning Agreement shall be recorded in the Johnson County Recorder's Office and shall constitute notice to the public of the above restrictions. Dated this 13th day of June '1989. CiTY OF IOWA CITY JO; By: By: ayor Attest: Th �. 7CQ w n) Atte Marian K. Karr, City Clerk STATE OF IOWA ) ) as: JOHNSON COUNTY 1 On this T3' day o1 'June , 19_v , before me, Gina O'Donnell , a Notary Public in end for the State o101 Iowa, personally appeared John McDonald and Marian K Karr, to me personalty known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City o1 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)XRft STi)9r&Q No. 89-3418 passed by the City Council, under Roll Cell No. - - - - of the City Council on the 13th day of June ,19 89 and that John McDonald and Marian K Karr acknowledged the execution of the Instrument to be their voluntary act and deed and the voluntary act and deed o1 the corporation, by it voluntarily executed. .r _4x.Hn � o v Notary Public in and for the Stale of Iowa wico 7 STATE OF ILLINOIS ) as: PEORIA COUNTY On this day of A.D. I 9—a before me, the undersigned, a Notary Public In and for the State of Iowa(, personally appeared David S. Joseph, to me personally known, who, being by me duly sworn, did say that he is the President and Secretary _, respectively, of said corporation executing the within and foregoing Instrument to which this Is attached, that (no seal has been procured by the said) corpora- tion; that said Instrument was signed (and sealed) on behalf of (the "at affixed thereto Is the seal of said) sold corporation by authority of its Board of Directors; and that the said President andas such officers acknowledged the execution of said Instrument to be the IPM and deed of said corporation, by it and by them voluntarily executed. Notary Public In and for saIjf Coutity and State TO POPIM LEGAL DEPAWMENT -K-?7— Zf 104 EXHIBIT B WESTPORT PLAZA LEGAL DESCRIPTION Commencing at the Southeast Corner of the Southwest Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence N00.51'23"E (An Assumed Bearing), along the East Line of said Southwest Quarter 230.00 feet, to the Point of Beginning; Thence continuing N00.51'23"E along said East Line of the Southwest Quarter, 927.17 feet, to a Point which is 500.00 feet southerly of the Intersection of said East Line with the Southerly Right -of -Way Line of Iowa Primary Road No. 1, and is the Southeast Corner of the tract of land conveyed to the City of Iowa City, Iowa, by Warranty Deed, Recorded in Deed Book 568, at Page 286, of the Records of the Johnson County Recorder's Office; Thence N89 -08'37"W, 60.00 feet to the Southwest Corner of said tract; Thence 500.51'23% along a line which is parallel with and 60.00 feet Westerly of said East Line of the Southwest Quarter 133.69 feet, to the Southeast corner of Lot 1, of Ruppert Subdivision, Part One, as Recorded in Plat Book 27, at Page 15, of the Records of the Johnson County Recorder's Office; Thence N89.08'37"W, along the Southerly Line of said Lot 1, 225.71 feet; Thence N49.57'39"W, 638.66 feet, to a Point on the Southerly Right-of-way Line of Iowa Primary Road No. 1; Thence Southwesterly 8.81 feet, along said Southerly Right -of -Way Line on a 2231.9 foot radius curve, concave Southerly whose 8.81 foot chord bears 570.07'13"W, to a Point which is 156.2 feet radially distant Southeasterly of the Centerline of said Iowa Primary Road No. 1, at Station 146+50; Thence S58.21'18"W, along said Southerly Right -of -Way Line.330.50 feet, to a Point which is 160.00 feet, radially distant Southeasterly of said Centerline of Iowa Primary Road No. 1, at Station 143+00; Thence S48 -18'47"W along said Southerly Right -of -May Line, 423.33 feet, to a Point which is 180.00 feet, radially distant Southeasterly of said Centerline of Iowa Primary Road No. 1, at Station 138+50; Thence S44.00'45"W, along said Southerly Right -of -May Line, 220.30 feet, to a Point which is on the Northeasterly Limits Line of the Existing Airport Clear Zone; Thence S49.57139"E, along said Northeasterly Limits Line, 926.91 feet, to a Point on the North Line of the Parcel conveyed to the City of Iowa City by Warranty Deed, Recorded in Deed Book 185, at Page 321, of the Records of the Johnson County Recorder's Office; Thence N89.42'40"E, along said Northerly Line, 811.94 feet, to the Point of Beginning. Said tract of land contains 28.084 acres, more or less, and is subject to easements and restrictions of record. I 1 U!(o City of Iowa City MEMORANDUM Date: September 13, 1984 To: Members, Charter Review Commission From: Richard J. Boyle, First Assistant City Attorney Re: 1. Plebiscites on Zoning Matters 2. Campaign Financing 1. Zoning Questions It is my understanding that questions have been raised concerning Charter Section 7.01.B(1)(k), which provides that the right of referendum and initiative (i.e., plebiscite) shall not not extend to amendments affect- ing the Zoning Ordinance, except those amendments affecting a tract of land two acres or more in size. It now seems to be established that zoning may be subject to initiative or referendum involving all the voters of a municipality, without violating a landowner's rights of due process. In City of Eastlake v. Forest Cit Enterprises. Inc., 426 U.S. 668, 96 S. Ct. 2358, 49 L. Ed. 2d T3�upreme our sustained a city charter requirement that all land use changes approved by the city council be further approved by a fifty-five percent referendum vote. Earlier Supreme Court decisions (Eubank ' v. lCit of Richmond, 226 U.S.137 (1912); KaRel .Se�atT Tite"irs ber e, 278 U.S. 6 11928)) a nva a e aoor inances w c p use decisionmaking in the hands of owners of nearby property. However, the Eastlake decision held that the elector- ate, as a whole, may retain legis a ve powers, and distinguished Eubank and Roberge as cases involving delegations of power to only a narrow segment of the community. That is, since legislative power emanates from the people, it is not improper for the people to retain all of the power regarding a subject, but it is improper to delegate that power to a narrow segment of the community. The Eastlake decision has been questioned (e.g., Develo Tents in the Law Zonin , 1 Harv. L. Rev. 1427, 1536-1542 1978)) for failing to recogn ze that rezonings may be administrative, rather than legislative acts, and that the referendum procedure is fundamentally unfair where the decision concerns a single, small parcel of land, because there is no effective way to have a dispute regarding such a parcel resolved.on the merits after a fair hearing involving the decision makers. The original Charter Commission apparently sought to avoid the small parcel question by limiting plebiscites to zoning affecting more than two acres. The provision is valid under Eastlake and, as limited, seems to blunt some of the fairness concerns. /o/G I o; y.� F y}, g4g': j i �i r �h tai o; y.� F y}, ORDINANCE NO. 89-3419 AN ORDINANCE TO ZONE A PORTION OF THE VACATED HOLLYWOOD BOULEVARD RIGHT-OF-WAY TO COMMERCIAL OFFICE, CO -1. WHEREAS, a portion of the Hollywood Boulevard right -of. way was vacated In 1986; and WHEREAS, this vacated right-of-way Is not needed for any public purpose; and WHEREAS, the City of Iowa City has agreed to convey this right-of-way to Southgate Development Company, a private corporation; and WHEREAS, the property must be zoned when owned by a private amity; and WHEREAS, the Commercial Office zone Is the most appropriate zone category based on compatibility with surrounding uses and zoning; and - WHEREAS, it Is in the public Interest to Insure that any commercial developmem of this vacated right-of-way does not result in commercial traffic filtering through the residential area east of the she. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CRY OF IOWA CITY, IOWA: SECTION 1. ZONING AGREEMENT: That the City of Iowa City hereby zones to CO -1 (Commercial Office) the parcel of land legally described as follows: Beginning at the northeast comer of Block 2, Braverman Cerner, Iowa City, Iowa, as recorded In Plat Book 7, Page 20 at the Johnson County Recorder's Office, which point Iles S89^52'40'E, 661.9 feet and S0.26'20'W, 377.2 feet from the northwest corner of Section 23, Township 79 North, Range 6 West, of the 5th Principal Meridian; thence SO.26120'W, 149.16 feet along the east line of said Block 2; thence northwesterly, 128.02 feet along a 330.00 foot radius curve concave northeasterly, which chord bears N5014'42W, 127.21 feet; thence N38.57'54'W, 123.89 feet; thence northwesterly, 136.51 feet along a 270.00 foot radius curve concave southwesterly which chord bears N53°26'57W, 135.06 feet to the northerly line of said Block 2; thence S67'56'00'E, 108.38 feet along said northerly line of Block 2; thence southeasterly, 196.95 feet along a 3,015.00 foot radius curve concave northeasterly to the Point of Beginning; and that this zoning Is with the condition that any commercial office development constructed on the she will have access only from Broadway Street as agreed to by the owner of the property In the Conditional Zoning Agreement, Exhibit A, which Is attached hereto and made a part of this Ordinance by reference. SECTION ll. 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 ordinance upon Its final passage, approval and publication. i �i (i tai PI 5i g: ORDINANCE NO. 89-3419 AN ORDINANCE TO ZONE A PORTION OF THE VACATED HOLLYWOOD BOULEVARD RIGHT-OF-WAY TO COMMERCIAL OFFICE, CO -1. WHEREAS, a portion of the Hollywood Boulevard right -of. way was vacated In 1986; and WHEREAS, this vacated right-of-way Is not needed for any public purpose; and WHEREAS, the City of Iowa City has agreed to convey this right-of-way to Southgate Development Company, a private corporation; and WHEREAS, the property must be zoned when owned by a private amity; and WHEREAS, the Commercial Office zone Is the most appropriate zone category based on compatibility with surrounding uses and zoning; and - WHEREAS, it Is in the public Interest to Insure that any commercial developmem of this vacated right-of-way does not result in commercial traffic filtering through the residential area east of the she. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CRY OF IOWA CITY, IOWA: SECTION 1. ZONING AGREEMENT: That the City of Iowa City hereby zones to CO -1 (Commercial Office) the parcel of land legally described as follows: Beginning at the northeast comer of Block 2, Braverman Cerner, Iowa City, Iowa, as recorded In Plat Book 7, Page 20 at the Johnson County Recorder's Office, which point Iles S89^52'40'E, 661.9 feet and S0.26'20'W, 377.2 feet from the northwest corner of Section 23, Township 79 North, Range 6 West, of the 5th Principal Meridian; thence SO.26120'W, 149.16 feet along the east line of said Block 2; thence northwesterly, 128.02 feet along a 330.00 foot radius curve concave northeasterly, which chord bears N5014'42W, 127.21 feet; thence N38.57'54'W, 123.89 feet; thence northwesterly, 136.51 feet along a 270.00 foot radius curve concave southwesterly which chord bears N53°26'57W, 135.06 feet to the northerly line of said Block 2; thence S67'56'00'E, 108.38 feet along said northerly line of Block 2; thence southeasterly, 196.95 feet along a 3,015.00 foot radius curve concave northeasterly to the Point of Beginning; and that this zoning Is with the condition that any commercial office development constructed on the she will have access only from Broadway Street as agreed to by the owner of the property In the Conditional Zoning Agreement, Exhibit A, which Is attached hereto and made a part of this Ordinance by reference. SECTION ll. 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 ordinance upon Its final passage, approval and publication. �i (i PI 5i ORDINANCE NO. 89-3419 AN ORDINANCE TO ZONE A PORTION OF THE VACATED HOLLYWOOD BOULEVARD RIGHT-OF-WAY TO COMMERCIAL OFFICE, CO -1. WHEREAS, a portion of the Hollywood Boulevard right -of. way was vacated In 1986; and WHEREAS, this vacated right-of-way Is not needed for any public purpose; and WHEREAS, the City of Iowa City has agreed to convey this right-of-way to Southgate Development Company, a private corporation; and WHEREAS, the property must be zoned when owned by a private amity; and WHEREAS, the Commercial Office zone Is the most appropriate zone category based on compatibility with surrounding uses and zoning; and - WHEREAS, it Is in the public Interest to Insure that any commercial developmem of this vacated right-of-way does not result in commercial traffic filtering through the residential area east of the she. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CRY OF IOWA CITY, IOWA: SECTION 1. ZONING AGREEMENT: That the City of Iowa City hereby zones to CO -1 (Commercial Office) the parcel of land legally described as follows: Beginning at the northeast comer of Block 2, Braverman Cerner, Iowa City, Iowa, as recorded In Plat Book 7, Page 20 at the Johnson County Recorder's Office, which point Iles S89^52'40'E, 661.9 feet and S0.26'20'W, 377.2 feet from the northwest corner of Section 23, Township 79 North, Range 6 West, of the 5th Principal Meridian; thence SO.26120'W, 149.16 feet along the east line of said Block 2; thence northwesterly, 128.02 feet along a 330.00 foot radius curve concave northeasterly, which chord bears N5014'42W, 127.21 feet; thence N38.57'54'W, 123.89 feet; thence northwesterly, 136.51 feet along a 270.00 foot radius curve concave southwesterly which chord bears N53°26'57W, 135.06 feet to the northerly line of said Block 2; thence S67'56'00'E, 108.38 feet along said northerly line of Block 2; thence southeasterly, 196.95 feet along a 3,015.00 foot radius curve concave northeasterly to the Point of Beginning; and that this zoning Is with the condition that any commercial office development constructed on the she will have access only from Broadway Street as agreed to by the owner of the property In the Conditional Zoning Agreement, Exhibit A, which Is attached hereto and made a part of this Ordinance by reference. SECTION ll. 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 ordinance upon Its final passage, approval and publication. Ordinance No. 89-3419 Page 2 SECTION III. CONDITIONAL ZONING AGREEMENT: The Mayor Is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement, attached hereto as Exhibit A. The City Clerk Is authorized to record said Agreement and the Ordinance In the office of the Johnson County Recorder. 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 pan 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 pan thereof not adjudged Invalid or unconstitutional. SECTION VI. EFFECTIVE DATE: This Ordinance shall be In effectafter its final. passage, approval and publication as required by law. Passed and approved this 13th day of Ame, a ATTEST: "..J k: 4 Le ) CIN C RK Approved as to Form �I i It was moved by Balmer , and seconded by Ambrisco that the Ordinance as rea e a opt and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald First consideration ------------ Vote for passage: Second consideration 5/30/89 Vote for passage: Ayes: Courtney, Hormaitz, Kubby, Larson, McDonald, Ambrisco, Balmer. Nays: None. Absent: None. Date published 6/21/89 Moved by Courtney, seconded by Horowitz, 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 first consideration and vote be waived and the ordinance be given second consideration at this time. Ayes: Balmer, Courtney, Horowitz, Kubby, Larson, McDonald, Ambrisco. Nays: None. Absent: None. i 1 ..../... II 1 i 1 ..../... 2 CITY OF IOWA CITY By: JZA B. or ATTEST: ATTEST: Marton K. Karr, City Clerk ST OF IOWA JOHNSON LINTY) SS: On this day of 1989, before me a Notary —Public in and for the State Iowa, personally McDonald oi a F�e—a r e �dj o McDonald and Marian K. Karr, to me personally g Me duly I y known, and, who, being sworn, did say that they are the Mayor and City Clerk, respectively, of e City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is he corporate seal of the corporation, and that the instrument was signed and sea don behalf of the corporation by authority of its City Council, as contained In (Ordinance) (Resolution) 'No. 1 —Call No. passed (the Resolution adopted) the City Council, under Roll F9':!— of the City Council on th day of 0 d contained t e s se a ' a n C h City e ed t d0 f corporate rp n n I 0 ra behalf 0 r Iowa te a ' (Ordinance) s a City, seal nce 0 thehe 0 the h c e Iowa; e 0 r (Resolution) corporation, 0 0 u r r t a P aOra t' 0 on ) he t' n , the N 0 t s n b 0 y adopted) 9 d t h e City Council, c .1, unde r Co u n c1l 0 n t h day 0 f _ and that John McDonald and Mar n K. Karr acknowledged the —execution' d I t 1 r voluntary n voluntary of the instrument to be their voluntary ac nd deed and the voluntary act and y i t voluntarily I u t r I x u t . ry deed of the corporation, by it voluntar y ex uted. la''11 MY FAY PHELPS Pu j j Notbry Pu ic in and or the State f Iowa STATE OF IOWA ) JOHNSON COUNTY SS: On this day of 1989, before me, the undersigned, a—Notary Public in and for the State of Iowa, personally appeared Myles Braverman, tome personally known, who being by me duly sworn, did say that he is the President of Southgate Development Company executing the within and foregoing instrument to which this is attached; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said President as such officer acknowledged the execution of said instrument to be a voluntary act and deed of said corporation, by it and by them voluntarily executed. - i "e U FAY PHELPS r Notary VUb11,C in and for the State ofIowa ASPRQVkD� Lu 70 FC LEGAL DEPARTMEr/..... STATE OF IOWA ) JOHNSON COUNTY ) SS: On this 13th da of (;ina O'Do� y June 1989, before me, Iowa, personally appeared John McDonald Nand Mar nliK.iKarra the State 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) (� N passed �OQWdJQ7Q} by the City Council, o. 89-3419 of the City. Council an the 13-- hunder Roll Cam Nu, � day of June 19-89 and that John McDonald and Marian K. Karr acknowledgedthe 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 Pub is in and for the State of Iowa i p.: �1 N STATE OF IOWA ) JOHNSON COUNTY ) SS: On this 13th da of (;ina O'Do� y June 1989, before me, Iowa, personally appeared John McDonald Nand Mar nliK.iKarra the State 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) (� N passed �OQWdJQ7Q} by the City Council, o. 89-3419 of the City. Council an the 13-- hunder Roll Cam Nu, � day of June 19-89 and that John McDonald and Marian K. Karr acknowledgedthe 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 Pub is in and for the State of Iowa EXHIBIT A CONDITIONAL ZONING AGREEMENT This Agreement is entered into by and between Southgate Development Company ("Southgate") and the City of Iowa City, Iowa, a municipal corporation ("City"). WHEREAS, Southgate has acquired a portion of the vacated Hollywood Boulevard right-of-way between Taylor Drive and Broadway Street, legally described in Exhibit B attached hereto and incorporated herein by reference; and WHEREAS, private ownership of this parcel requires the parcel to be zoned and commercial office, CO -1, zoning is sought for this parcel; and WHEREAS, this parcel is at the boundary between two different uses, commercial and residential; and WHEREAS, it is in the public interest to lessen the impacts of commercial development on the use and enjoyment of residential properties, particularly as those impacts relate to traffic; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on the zoning of property in order to satisfy public needs directly caused by the zoning requested; and WHEREAS, Southgate acknowledges that certain conditions are appropriate to lessen the impact of the commercial zoning of the subject property on the residential properties on Hollywood Boulevard. THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. That any commercial office development constructed or established on the property described in Exhibit B attached hereto shall have access only from Broadway Street. 2. Nothing in this Agreement shall be construed to relieve Southgate from complying with all applicable local and state regulations, and Southgate acknowledges this obligation. 3. Parties agree that this Conditional Zoning Agreement shall be deemed a covenant running with the land and shall enure to the benefit of all successors and assigns of the property being zoned herein. Parties further agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance zoning the described property; and that upon adoption and publication of the Ordinance, that this Conditional Zoning Agreement shall be recorded in the Johnson County Recorder's Office and shall constitute notice to the public of the.above restrictions. Dated this ,t y day of 1989. tj ■ Exhibit B A Parcel of land located within Block 2, Braverman Center, Iowa City, Iowa, as recorded in Plat Book 7, Page 20, at the Johnson County Recorder's Office, more particularly described as follows: Beginning at the northeast corner of said Block 2 which point lies S 89052'40" E, 661.9 feet and S00026120" W, 377.2 feet from the northwest corner of Section 23, T79N, R6W, of the 5th P.M.; thence S 00026'20" W, 149.16 feet along the east line of said Block 2; thence Northwesterly 126.02 feet along a 330.00 foot radius curve concave northeasterly, which chord bears N 50004'42" W, 127.21 feet; thence N 38057'54" W, 123.89 feet; thence northwesterly, 136.51 feet along a 270.00 foot radius curve concave southwesterly which chord bears N 53026'57" W, 135.06 feet to the northerly line of said Block 2; thence S 67056'00" E, 108.38 feet along said northerly line of Block 2; thence Southeasterly, 196.95 feet along a 3,015.00 foot radius curve concave northeasterly to the Point of Beginning; this parcel contains 20,246 square feet or 0.46 acres, more or less. i I, l� Ii ORDINANCE NO. 89-3420 AN ORDINANCE AMENDING CHAPTER 34, ARTICLE III OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, "WEED CONTROL," BY REPEALING SECTIONS 34-73, 34-75, AND 34-76 THEREOF, AND ENACTING NEW SECTIONS IN LIEU THEREOF TO BE CODIFIED THE SAME, CLARIFYING THE PROVISION WHICH MAKES FAILURE TO CONTROL WEEDS A NUISANCE, AND PROVIDING FOR YEAR ROUND ENFORCEMENT OF WEED CONTROL REGULATIONS BY USE OF THE NUISANCE ABATEMENT PROCEDURES PROVIDED IN CHAPTER 24, ARTICLE VI OF THE CITY CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That Chapter 34, Article III of The Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 34-73 thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: 34-73. Failure to control weeds declared a nuisance, constitutes either a misdemeanor or a municipal infraction. The failure of a person owning, controlling, or in possession of property to observe any of the following requirements is hereby declared to be a nuisance, and shall constitute a misdemeanor or a municipal infraction. (a) Each owner and each person in the possession or control of any land shall cut or otherwise destroy, in whatever manner prescribed by the weed official, all noxious weeds thereon and shall keep said lands free of such growth. (b) Each owner and each person in Possession or control of any developed or undeveloped lot shall be responsible to keep said lot along with the parking adjacent thereto, alleys, public ways or areas up to the center line of said ways free of any weeds and to keep grasses on said land mowed so that said grass is less than eighteen (18) inches in height. (c) Each owner and each person in the possession or control of any lands shall not allow any plant growth of any sort to remain in such a manner as to render the streets, alleys or public ways adjoining said land unsafe for public travel or in any manner so as to impede pedestrians Ordinance No. 89-3420 Page 2 or vehicular traffic upon any public place or way. (d) Where waterways or watercourses are found upon any developed or undeveloped lot, the owner or person in possession or control shall keep the flat or level part of the bank of said waterway free of any weeds and grasses more than eighteen (18) inches in height. Should such waterways or watercourses be found within the right-of-way of a street or alley, the adjacent property owner or person in possession or control shall be responsible to keep the flat or accessible portion of the creek bank free of any weeds and the grasses more than eighteen (18) inches in height. (e) No owner or person in possession or control of any developed or undeveloped lot shall allow plant growth or the accumulation of plant materials on such lot to remain in such a state so as to constitute a fire hazard. In no instance shall cut plant material accumulations be located within one hundred fifty (150) feet of a building, structure, recreation area (not including the width of any intervening street) or within one hundred twenty-five (125) feet of a street right-of-way. SECTION 2. That Chapter 34, Article III of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 34-75 thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: 34-75. Enforcewnt. The weed official is authorized to enforce the provisions of this Article and to undertake the abatement of weed nuisances. Such enforcement and abatement may be accomplished by utilization of administrative or municipal infraction abatement proceedings as provided in Chapter 24, Article VI of this Code, Nuisances, or by prosecution of violations hereof as misdemeanors. The costs of abatement shall be recoverable as provided in Section 24-107 of this Code. SECTION 3. That Chapter 34, Article III of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby Ordinance No. 89-3420 Page 3 amended by repealing Section 34-76 thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 34-76. Emergency control measures. Notwithstanding any other provisions of this article, whenever in the judgment of the weed official, the fire marshal, or the city engineer a property exhibits uncontrolled weed growth which creates a health, safety, or fire hazard, the weed official may undertake immediate action to abate said condition without prior notice and opportunity for hearing. The costs of such action may be assessed against the property for collection in the same manner as property tax. However, prior to such assessment, the city shall give a property owner notice by certified mail and the opportunity for an administrative hearing in accordance with the procedures of section 24-105 of this Code. SECTION 4. SEVERABILITY CLAUSE. If any of The provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION 5. REPEALER: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: Ordinance No. 78- 2916, §§6, 8 & 9, 8/22/78; Ordinance No. 82-3061, §3, 4/27/82. SECTION 6. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage and publication as by law provided. Passed and approved this 13th day of JAne, 1Q89. X11 Apr ed o Form Lega Department SOS/e? �OSL It was moved by Ambrisco and seconded by Balmer that the Ordinance as rea be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney K Horowitz x Kubby x Larson McDonald First Consideration----------- Vote for passage: Second Consideration 5/30/89 Vote for passage: Ayes: Horowitz, Kubby, Larson, McDonald, ' Ambrisco, Balmer, Courtney. Nays: None. Absent: None. Date published 6/21/89 If Moved by Courtney, seconded by Horowitz, that the rule requiring I ! ordinances to be considered and voted on for passage at two I Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote I I be waived and the ordinance be given second consideration at this time. Ayes: Courtney, Horowitz, Kubby, Larson, McDonald, ' Ambrisco, Balmer. Nays: None. Absent: None. I i a . OS�