HomeMy WebLinkAbout1986-02-11 OrdinanceORDINANCE N0. 86-3278
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY LOCATED OFF WILLOW CREEK DRIVE
AND NORTHWEST OF HIGHWAY 1 WEST.
THE CITY COUNCIL OF IOWA CITY, IOWA,
HEREBY FINDS THAT:
1. The property described in Section I
below is being voluntarily annexed to
the City of Iowa City, and the owners
of said Property have requested rezon-
ing to CI -1 (intensive commercial).
2. Existing uses on said property are
consistent with and permitted in the
CI -1 zone.
3. CI -1 zoning of this tract is consis-
tent with the short and long range
- Comprehensive Plan for Iowa City.
4. CI -1 zoning is compatible with neigh-
boring zoning and uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF IOWA CITY, IOWA, THAT:
SECTION I. REZONING. The property de -
10 -75 a ow s er y reclassified from
its present classification of County
Highway Commercial (CH) to Intensive
Commercial (CI -1):
A parcel of land located in the East
1/2 of the Northeast 1/4 of Section 20,
T79N, R6W of, the 5th P.M., Johnson
County, Iowa, legally described as
follows: Commencing at the Northeast
corner of Section 20,.T79N, R6W of the
5th P.M.; thence on an assumed bearing
of S 00000'00" E, 300.00 feet along the
East line of said Section 20; then S
89026'31- W, 25.50 feet to a point
which is the intersection of the
Southerly R.O.W. line Of Willow Creek
Drive and former northwesterly R.O.W.
line of Iowa Primary Road No. 1; thence
S 34056158" W, 489.36 feet; thence N
71047'30" W, 47.40 feet to the point of
beginning; thence S 35031'30" W, 105.60
feet; thence s 19034'45" W. 72.80 feet;
thence S 33019115" W, 130.10 feet;
thence S 35031130" W, 93.20 feet;
thence N 55003'02" W, 942.89 feet;
thence N 00012'48" W, 467.92 feet;
thence easterly along the north line of
said Section 20, N 89026'31" E, 928.28
a 7.2-
a
ordinance No. 86-3278
Page 2
feet, thence S 00000'00" E, 300.00
feet; thence N 89026'31" E, 85.51 feet;
thence S 34056'58' W, 392.46 feet,
thence S 71047'30" E. 197.84 feet, to
the point of beginning. Said parcel
contains approximately 16.2 acres.
SECTION II. MAP AMENDMENT. As of the
effective date o t s ordinance, the
building inspector is authorized and di-
rected to change the zoning map of the
City of Iowa City, Iowa, to conform to
this amendment.
SECTION III. CERTIFICATION AND RECORDING.
Immediately after the e ec ve a e
hereof, the City Clerk is hereby author-
ized and directed to certify a copy of
this ordinance to the County Recorder of
Johnson County, Iowa.
SECTION IV. REPEALER: All ordinances and
pars of oroinances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY: If any section,
provision or par o e Ordinance shall
be adjudged to be invalid or unconstitu-
tional, 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 Ordi-
nanee s a e n e ec , a ter its final
passage, approval and publication as
required by law only after completion of
the City's annexation of the . property
described in Section I.
Passed and approved this 11th day of
February, 1986. ,
MAYOR
ATTEST: v�Y &
Ru:civ2r; d AP�rovee
8y Viae
e�.I �/p itmsr.!
,
/21 it
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It was moved by Dickson , and seconded by Baker
that the r l.nance as rea e a opted and upon rol ca t ere
were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
Y COURIM
Y DICKSON
X MCDONALD
X STRAIT
Y ZUBER
First consideration 1/14/86
Vote for passage:yes: ourtney, is son, FUonald,
Strait, Zuber, Ambrisco, Baker. Nays: None.
ORDINANCE NO. 86-3279
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY LOCATED NORTHEAST OF MORMON TREK
BOULEVARD.
THE CITY COUNCIL OF IOWA CITY, IOWA,
HEREBY FINDS THAT:
1. The property described in Section I
below (subject property), located
immediately south and west of the
current corporate limits of Iowa City,
Iowa, is presently classified in the
county as Urban Residential (RI -A).
2. The Johnson County Farm Bureau has
agreed to purchase the subject prop-
erty if it is annexed and rezoned to
Commercial Office (CO -1) to permit the
construction of an office building.
3. The applicant is currently unable to
develop the property within the County
since the Johnson County Health De-
partment will not issue a septic
permit for property adjacent to the
corporate limits of Iowa City which
could be served by municipal sanitary
sewers.
4. Commercial Office zoning of the sub-
ject property is consistent with the
recommendations of the Comprehensive
Plan, and surrounding land use pat-
terns, and is compatible with the use
of neighboring properties as zoned.
5. In order to ensure the public health,
safety and welfare, and as a condition
of zoning approval, the site should be
limited to a single curb -cut to be
located anywhere within 200 feet of
the north property line of the subject
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
SECTION I. Subject to the conditions set
art�the Agreement attached hereto as
Exhibit A, and incorporated herein by
reference, the zoning classification of
the property described below is hereby
changed from its present classification of
R1 -A in the county to CO -1, and the
boundaries of the CO -1 zone as shown on
the zoning map of the City of Iowa City,
Iowa, shall be changed to include the
a,s
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Ordinance No. 86-3279
Page 2
property located in Johnson County, Iowa,
northeast of Mormon Trek Boulevard, and
Identified as follows:
Beginning at the Northeast Corner of
the Southeast Quarter, of the Northwest
Quarter of Section 20, Township 79
North, Range 6 West, of the 5th Princi-
pal Meridian; thence S 01002124" W,
487.06 feet along the East Line of said
Northwest Quarter, of Section 20, to
its intersection with the Northeasterly
Right -of -Way Line of Mormon Trek Boule-
vard as relocated; 'thence N 68013100"
T W, 0.49 feet to an iron pin found,
which is 70 feet radially distant
Northeasterly of center line station
5110+87,7; thence N 55014120" W, 193.60
feet along said Right -of -Way Line to an
iron Right -of -Way marker found, which
is 70 feet along said Right -of -Way Line
to an iron right-of-way marker found,
which is 70 feet radially distant
Northeasterly of center line station
5114+94.0; thence N 25055'20' W, 276.51
feet along said Right -of -Way Line to
its intersection with the North Line of
the South Half of the said Northwest
Quarter of said Section 20• thence S
89010'37' E, along .said North Line
405.42 feet to the Point of Beginning.
Said tract contains 2.81 acres more or
less.
SECTION II. As of the effective date of
ThTs i nance, the Building Inspector is
hereby authorized and directed to change
the zoning map of the City of Iowa City,
Iowa, to conform to this amendment.
SECTION III. Immediately after the effec-
ve a Teereof, and upon receipt of the
amount of the recording fee from the
Property owner, the City Clerk, is hereby
authorized and directed to certify a copy
of this Ordinance to the Recorder of
Johnson County, Iowa, for recording.
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,
Prov s on or par o s Ordinance shall
be adjudged to be invalid or unconstitu-
tional, such adjudication shall not. affect
a7s
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Ordinance No. 86-3279
Page 3
the validity of the Ordinance as a whole
or any section, provision or part thereof
not adjudged invalid or unconstitutional.
SECTION anVI. EFFECTIVE DATE: This Ordi-
nce shall be -in-effects after its final
passage, approvaand publication as
required by law, only after completion of
the City's annexation of the property
described in Section I.
Passed and approved this 11th day of
February, 1986. `
ATTE T:
URK
Rocoived $, Ap!eroved
B�a Irgal Depart enflrgal OeAarf enf
' 6
a7s
i
J
It was moved by McDonald 'and seconded by Courtney
m
that the ance as read e adopted and upon rol ca t ere
were:
AYES: NAYS: ABSENT:
i —
x MBRISCO
X BAKER
x COURTNEY
x DICKSON
1 x MCDONALD
x STRAIT
R ZUBER
First consideration 1/14/86
Vote for passage: Ayes: Dickson, McDonald, Strait,
Zuber, Ambrisco, Baker, Courtney. Nays: None.
Second consideration 1/28/86
Vote for passage Ayes: na , trait, Zuber,
Ambrisco, Baker, Courtney, Dickson. Nays: None.
I
Date nnhliched 2/19/86
ass
J
Exhibit A
AGREEMENT
THIS AGREEMENT, dated as of the 17th day of December, 1985, by and between
the City of Iowa City, a municipal corporation (hereinafter referred to as
"City") and the Johnson County Farm Bureau, Richard H. Davis and Florence E.
Davis (hereinafter collectibly referred to as "Applicants").
WITNESSETH
WHEREAS, Richard H. Davie and Florence E. Davis own a parcel of land located
northeast of Mormon Trek Boulevard, contiguous to the corporate limits of the
I
City, legally described on Exhibit A which is attached hereto (the "prop-
erty"); and
WHEREAS, the Johnson County Farm Bureau has contracted to purchase said
property if it is annexed by the City, and zoned for office use; and
WHEREAS, the City has agreed to annex the property; and
WHEREAS, because of the location of the property on a curve on Mormon Trek
Boulevard, it would be dangerous to allow any curb cuts (i.e., means of
access) where the southerly portion of the property abuts Monson Trek Boule-
vard; and
WHEREAS, the City will zone said property for office use only if the Appli-
cants agree that only one curb cut will be allowed from the property onto
Mormon Trek Boulevard, j
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PAGE 2
NOW, THEREFORE, the parties agree to as follows:
AGREEMENTS
I. The above-described property shall have no more than one means of access
(i.e., curb cut) onto Mormon Trek Boulevard, which means of access may be
located anywhere within 200 feet of the north property line of the prop-
erty. No curb cut may be located south of the 200 foot line.
2. The terms of this Agreement may be amended, 'revised, or terminated by the
City only by adoption of an ordinance specifically amending Ordinance No.
86-3279 , to which this is attached.
3. This Agreement shall be a covenant running with the property, and shall
be binding upon and shall inure to the benefit of the parties hereto,
their heirs and personal representatives, successors and assigns.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as
of the day and date first above written.
JOHNSON COUNTY FARM BUREAU
By:
ATTEST:
i
Secretary
Riciard H. �Days
c�
a
t � ra, ,,&. J.yj.)
Florence E. Davis
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PAGE 3
CITY OF IOWA CITY
8 Mayor \ c
ATTEST:
City Jerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this L day of 1986, before me a Notary Public
in and or a State o owa, persona y appeared 17�w.D i/ ✓� and
,,�. ,14Otha to the
pe sonal ly known, who, e n me duly
sworn, say a they are the and
of said corporation, that the sea affixed o said instrument s the a o
said corporation, and that said instrument was signed and sealed on be alf of
s id c rporation by oath ri y of its board of directors and the said
and e�.\/ acknowledged the execution of sa n-
s r o be the voluntary act and deed of said corporation by it voluntar-
ily executed.
�.1od-e Z
Prof Pub a in State of Iowa
STATE OF IOWA )
JOHNSON COUNTY ) SS:
On thisj__day of 198S', before me, a Notary Public
in and fort State o t Iowa, personally appeared Richard Davis and Florence
E. Davis, husband and wife, to me known to be the persons named in and who
executed the foregoing instrument, and acknowledged that they executed the
same as their voluntary act and deed.
ra .tiJ
Notgry PuDlic in and for said County and State
I(a{BIVfa'1 v �PyIPu�.
By Th. Legal Dopa Mani
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M. .iwliAav4�{{....1v\\.\.v\v!+nnulnMi-v:�_:a':�t:v
PAGE a
STATE OF IOWA )
) SS:
JOHNSON COUNN )
On this 11th day of February y 1986, before me, the undersigned,
a Notary c in an or t e State of Iowa, personally appeared William
J. Ambrisco 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 said municipal corporation executing the within and foregoing
instrument to which this is attached, thatthe seal affixed thereto is
the seal of said municipal corporation; that said instrument was signed
and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said William J. Ambrisco and Marian K. Karr
as such officers acknowledged the execution of said instrument to be the
voluntary act and deed of said municipal corporation, by it and by them
voluntarily executed.
Y' 1
Ctit�e�
Nor
ary Publie/in and ror SaictCounty anState
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