HomeMy WebLinkAbout2008-01-29 Ordinancey , 01-29-08
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Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 4.40 ACRES OF LAND AT 2815
ROHRET ROAD FROM LOW-DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) TO COMMERCIAL
OFFICE (CO-1 ). (REZ07-00016)
WHEREAS, the applicant, Hodge Construction, has requested a rezoning of properties located at 2815
Rohret Road from Low-Density Single-Family Residential (RS-5) to Commercial Office (CO-1); and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan; and
WHEREAS, the Comprehensive Plan indicates that this parcel is appropriate for uses consistent with the
CO-1 zone; and
WHEREAS, Iowa Code §414.5 (2005) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy
public needs caused by the requested change, and
WHEREAS, the Planning and Zoning Commission has recommended that conditions be placed on the
development of this property to ensure that it is compatible with the adjacent residential neighborhood; and
WHEREAS, the applicant has agreed that the property shall be developed in accordance with the terms
and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in
this area of the city and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed
rezoning; and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning
classification of Low-Density Single-Family Residential (RS-5) to Commercial Office (CO-1) is hereby
approved:
A portion of the Southeast One-Quarter of the Southwest One-Quarter of Section 18, Township 79
North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, more
particularly described as follows:
Commencing at the Northeast corner of the Southeast One-Quarter of the Southwest One-Quarter
of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City Johnson
County, Iowa; Thence S00°12'31 "E, along the East line of said Southeast One-Quarter of the
Southwest One-Quarter, 39.41 feet, to the Point of Beginning; Thence continuing S00°12'31'E along
said East line, 616.07 feet; Thence N47°50'48"W, 729.53 feet; Thence N18°07'42"E, 103.49 feet;
Thence N87°53'54"E, 200.08 feet; Thence N77°08'39"E, 88.45 feet; Thence N89°42'54"E, 220.21
feet, to said Point of Beginning. Said Tract of Land contains 4.40 acres and is subject to easements
and restrictions of record.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City,
following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County,
Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as
provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Ordinance No.
Page 2
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of ~ 20
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office ~ ~~~dg
Prepared by: Adam Ralston, Planning Intern, 410 E Washington St, Iowa City, IA 52240, 319-356-5230 (REZ07-000016)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City"), and Hodge Construction (hereinafter "Owner").
WHEREAS, the Owner is legal title holder of approximately 4.40 acres of property located south
of Rohret Road, and east of Highway 218; and
WHEREAS, the Owner has applied to rezone the property from Low-Density Single-Family
Residential (RS-5) to Commercial Office (CO-1); and
WHEREAS, the Planning and Zoning Commission has recommended approval of said rezoning
subject to conditions related to ensuring that the property develops in a manner that is
compatible with both the nearby residential neighborhoods and adjacent highway; and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs that are directly caused by the requested change in zoning; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to
ensure that the property develops in a manner that is compatible with both the nearby
residential neighborhoods and adjacent highway; and
WHEREAS, the Owner agrees to use this property in accordance with the terms and conditions
of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties
agree as follows:
1. Hodge Construction is the owner and legal title holder of the property legally described as
follows:
LEGAL DESCRIPTION
A portion of the Southeast One-Quarter of the Southwest One-Quarter of Section 18,
Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson
County, Iowa, more particularly described as follows:
Commencing at the Northeast corner of the Southeast One-Quarter of the Southwest
One-Quarter of Section 18, Township 79 North, Range 6-West, of the Fifth Principal
Meridian, Iowa City, Johnson County, Iowa; Thence S00°12'31 "E, along the East line of
said Southeast One-Quarter of the Southwest One-Quarter, 39.41 feet, to the Point of
Conditional Zoning Agreement (REZ07-000016)
Page 2
Beginning; Thence continuing S00°12'31'E along said East line, 616.07 feet; Thence
N47°50'48"W, 729.53 feet; Thence N18°07'42"E, 103.49 feet; Thence N87°53'54"E,
200.08 feet; Thence N77°08'39"E, 88.45 feet; Thence N89°42'54"E, 220.21 feet, to said
Point of Beginning. Said Tract of Land contains 4.40 acres and is subject to easements
and restrictions of record.
2. The Parties acknowledge that Iowa Code Section 414.5 (2005) provides that the City of
Iowa City may impose reasonable conditions on granting an applicant's rezoning request,
over and above the existing regulations, in order to satisfy public needs directly caused by
the requested change.
3. In consideration of the City's rezoning the subject property, the Owner agrees that
development of the subject property will conform to all other requirements of the Zoning
Chapter, as well as the following conditions:
a. Existing healthy trees within a distance of 80 feet of the Highway 218 right-of-way shall
be preserved.
b. Sound abating construction techniques such as use of materials that reduce interior
sound levels like masonry, fiber cement siding, and laminated windows as well as a
design that minimizes window, door, and vent openings that are exposed to Highway
218, shall be used if residential uses are developed on this property.
c. There shall be a minimum fifty (50) foot front setback along Rohret Road.
d. Parking areas shall be located behind the front -plane of the building, except for a
passenger drop-off/pick-up area and a maximum of eight. parking spaces.
e. Parking areas shall not be located between the east property line and any building on
this property.
f. Development on this property shall be in general conformance with the concept site plan
attached hereto and incorporated herein. Any significant changes from the concept site
plan shall require review and approval of the Planning & Zoning Commission.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code Section 414.5 (2005), and that said
.conditions satisfy public needs which are directly caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional
Zoning Agreement.
6. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a
covenant running with the land and with title to the land, and shall remain in full force and
effect as a covenant running with the title to the land, unless or until released of record by
the City. The Parties further acknowledge that this Agreement shall inure to the benefit of
and bind all successors, representatives and assigns of the Parties.
7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or future owners from complying with all applicable local,
state, and federal regulations.
8. The Parties agree that ,this Conditional Zoning Agreement shall be incorporated by
reference into the Ordinance rezoning the subject property; and that upon adoption and
Conditional Zoning Agreement (REZ07-000016)
Page 3
publication of the Ordinance, this Agreement shall be recorded in the Johnson County
Recorder's Office at the applicant's expense.
Dated this day of , 2008.
OWNER
HODGE CONSTRUCTION
L ~.
Michael Hodge
President
CITY OF IOWA CITY, IOWA
By
Regenia D. Bailey, Mayor
By
Marian K. Karr, City Clerk
Approved by:
~Dr/~l,F .~~~~~~~1~~~~~ly~
City Attorney's Office ~/~o / 0 d
OWNER'S ACKNOWLEDGEMENT
State of ~ ~-u ,County of Z ~ ti n s o~ ss:
This instrument was acknowledged before me on the 2 ~` r' day of J^u"~4~
2008 by Michael Hodge, as President of Hodge Corystr~.~ .
/1 y A i~Y'-~
KEVIN D. DIC~AAt~!
Commiuidn Nwnar 7t9t06
• ~r ca~niNion Expires ; Notary i i' forth tate of Iowa
My commission expires: l~ - ~ -O~
CITY OF IOWA CITY ACKNOWLEDGEMENT:
State of Iowa, County of Johnson, ss:
On this day of 2008, before me, the undersigned, a notary public
for the state of Iowa, personally appeared Regenia D. Bailey 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 of Iowa City, Iowa, executing the within and foregoing instrument; that
the seal attached thereto is the seal of said corporation by authority of its City Council; and that
the said Mayor and City Clerk 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 and for the State of Iowa
My commission expires:
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Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 7, ENTITLED FIRE PREVENTION AND
PROTECTION," CHAPTER 3, ENTITLED "FALSE FIRE ALARMS," TO PROVIDE THAT
FEES FOR FALSE ALARMS BE SET BY RESOLUTION, TO CLARIFY WHEN A FALSE
ALARM FEE IS ASSESSED, TO ELIMINATE THE REQUIREMENT TO SUBMIT
CERTAIN INFORMATION, AND TO AMEND DEFINITIONS.
WHEREAS, section 7-3 of the City Code presently provides for false alarm fees;
WHEREAS, the current fees do not reflect the actual administrative costs incurred by the Fire
Department for false alarms;
WHEREAS, it is preferable to set fees by resolution rather than by ordinance;
WHEREAS, section 7-3 is presently complex and difficult to enforce and includes a dual false
alarm schedule; and
WHEREAS, it is in the best interest of the City to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I. AMENDMENTS
1. Title 7, entitled "Fire Prevention and Protection," Chapter 3, entitled "False Fire Alarms,"
Section 3, entitled, "Definitions," is amended by deleting the definitions of "Alarm Servicer,"
"Alarm System," and "Automatic Fire Alarm," and adding the following new Definitions:
Designated Employee: Person empowered by the owner or alarm user to respond on their
behalf.
False Fire Alarm: The activation of a fire alarm system not by fire or hazard, but through
careless use, technical failure, equipment malfunction, improper installation, or the negligence of
the owner or lessee of an alarm system or of his or her employees or agents. False fire alarm
does not include alarm failures caused by water, gas, electrical, telephone or other utilities not
under the control of the alarm user, or the willful act of a person other than the alarm owner or his
or her employees or agents.
2. Title 7, entitled "Fire Prevention and Protection," Chapter 3, entitled "False Fire Alarms,"
Section 4, entitled, "False Fire Alarms Prohibited," is amended by deleting Section 4 and adding
the following new Section 4 in lieu thereof:
A. No person shall maintain a fire alarm system that produces a false alarm to which fire
department personnel are expected to respond.
B. Within thirty (30) minutes of the fire department's response to a location due to a false fire
alarm, an owner shall personally report to the place of business or residence to reset the alarm.
However, an owner is not required to personally report if the alarm user, a designated employee,
a service provider, and/or the owner's agent reports within thirty (30) minutes of the fire
department's response to a location.
C. A violation of this section will subject the person to an assessment of fees as provided in
this chapter and/or to the penalty provisions contained in section 7-3-8 of this chapter.
3. Title 7, entitled "Fire Prevention and Protection," Chapter 3, entitled "False Fire Alarms,"
Section 5, entitled, "Required Information," is amended by deleting Section 5 and adding the
following new Section 5, entitled "Fee Schedule," in lieu thereof:
A. False Alarm and Failure to Report Fees shall be set by resolution. All fees shall be paid
within thirty (30) of date that the fee is assessed.
B. As an alternative to the imposition of fees for false alarms based upon technical failure,
equipment malfunction, or improper installation, the Fire Chief or designated representative may
waive such fees if the owner returns to the Fire Chief or designated representative a statement of
repair deemed satisfactory by the enforcement officer. In addition, the Fire Chief or designated
representative may waive such fees if the owner and/or alarm user agrees•to upgrade the existing
alarm system in such a manner which, in the determination of the Fire Chief or designated
representative, will significantly reduce or eliminate further false fire alarms. The alarm owner
and/or alarm user shall submit appropriate documentation and specifications of such alarm
system upgrades to the Fire Chief or designated representative for review. If such alarm system
upgrades are approved by the Fire Chief or designated representative, imposition of the fees for
false alarms based on technical failure, equipment malfunction, or improper installation may be
held in abeyance for up to ninety (90) calendar days to allow for the installation and upgrade of
the fire alarm system. Notice of approval or disapproval of the Fire Chief or designated
representative shall be given in writing and served on the owner and/or user by regular mail.
Failure of the alarm system owner and/or user to complete such upgrades within the specified
ninety (90) calendar days may result in the imposition of the specified false fire alarm fee as
provided herein.
4. Title 7, entitled "Fire Prevention and Protection," Chapter 3, entitled "False Fire Alarms,"
Section 6, entitled, "Unintentional False Fire Alarm Fees" is amended by deleting Section 6 in its
entirety.
5. Title 7, entitled "Fire Prevention and Protection," Chapter 3, entitled "False Fire Alarms,"
Section 7, entitled, "Notice of False Fire Alarm," Subsection B is amended by deleting it and
adding the following new Subsection B in lieu thereof:
The notice shall provide that all fees shall be paid within thirty (30) days of the date of the
notice.
6. Title 7, entitled "Fire Prevention and Protection," Chapter 3, entitled "False Fire Alarms,"
Section 8, entitled, "Penalties," is amended by deleting Section 8 and adding the following new
Section 8 in lieu thereof:
Any violation of this chapter shall be considered a simple misdemeanor or municipal
infraction punishable by a penalty as provided for in subsection 1-4-2D of this Code.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the
provision 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 adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti-
tutional
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of , 2008.
MAYOR
ATTEST:
CITY CLERK
Approved by
~s` ~ ~ '° ~
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration t./15/~nox
Vote for passage: AYES: Correia, Hayek, .Wilburn, Wright, Bailey, Champion.
NAYS: None. ABSENT: O'Donnell.
Second Consideration 1 / 29 / 2008
Voteforpassage: AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek,
O'Donnell. NAYS: None. ABSENT: None.
Date published