HomeMy WebLinkAbout1985-09-17 OrdinanceORDINANCE NO. 85-3254
ORDINANCE AMENDING THE LARGE SCALE
RESIDENTIAL DEVELOPMENT REGULATIONS,
CHAPTER 27 OF THE IOWA CITY MUNICIPAL
CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. That Section 27-57
o eIowa
y ode of Ordinances, be
amended to include the following:
(d) Approval of the final plan shall be
effective for a period of 24 months
unless, upon written application of
the owner explaining the reasons
additional time is needed, the City
Council, by resolution, grants one or
more 12 month extensions of time.
The application for extension shall
first be submitted to the Planning
and Zoning Commission for its recom-
mendation.
SECTION II. CERTIFICATION. The City
Werk s hereby au or ze and directed to
certify a copy of this ordinance to the
County Recorder of Johnson County, Iowa,
upon final passage and publication as
provided by law.
SECTION III. REPEALER: All ordinances
an pars o ordinances in conflict with
the provision of this ordinance are hereby
repealed.
SECTIONIV. SEVERABILITY: If any
sec on, prov son or part of the Ordi-
nance shall be adjudged to be invalid or
unconstitutional, such adjudication shall
not affect the validity of the Ordinance
as a whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION V. EFFECTIVE DATE: This Ordi-
nance shall a n e ec a ter its final
passage, approval and publication as
required by law.
Passed and/approved this 17th day of
September, 194 .1 n
ATTEST:�f7ge�c� 9(! 9eIRK +J Reeeivcd ii Approved
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ORDINANCE NO. 85-3255
ORDINANCE AMENDING THE PROCEDURES .FOR
APPROVAL OF THE PLANNED DEVELOPMENT
HOUSING OVERLAY (OPD -H) PLANS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, THAT:
SECTION I. AMENDMENTS. The Iowa City
Code of Ordinances shall be amended as
follows:
A. Sections 36-47(b), 36-47(f), 36-47(g)
and 36-47(h) are hereby deleted, and
the following new Sections 36-47(b),
36-47(c), 36-47(d), 36-47(h) and
36-47(1) are hereby adopted:
Sec. 36-47(b). Report of Planning
and Zoning Commission. Upon comple-
tion of review of the proposed
preliminary pian of the planned
development, the Commission shall
prepare a written report to the City
Council to substantiate its recommen-
dations. This report shall deal with
the following: that the variances in
setback, lot area requirement,
building heights, building types,
sizes of buildings, and the combina-
tion of land uses will be in the
public interest, in harmony with the
purposes of this chapter and other
building regulations of the City and
will not adversely affect nearby
properties; and that the parking
requirements of this chapter otherwise
prevailing in the zone have not been
reduced.
Sec. 36-47(c). Preliminary plan
approval. Approval of a preliminary
planned development plan shall be in
accordance with the procedures set
forth in Sec. 36-88. Amendment of
Ordinance.
Sec. 36-47(d). Changes in approved
preliminary plan. Major changes in an
approved preliminary plan shall be
subject to the approval procedures
applicable to new preliminary plans.
Sec. 36-47(h) Final plan approval.
Final approval of any planned develop-
ment plan shall include review by the
Planning and Zoning Commission and
approval by the City Council by
resolution. Approval shall be based on
compliance with an approved develop-
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Ordinance No. 85-3255
Page 2
ment plan and any modifications
required by the Commission and Council
at the time the land was zoned to
OPO -H. After approval of the final
plan, permits may be issued to carry
out the approved plan even though it
may not conform in all respects to
other obligations of this chapter.
Major changes to an approved develop-
ment plan must be approved by ordi-
nance in accordance with the proce-
dures set forth in Sec. 36-88.
Amendment of Ordinance.
Sec. 36-47(1). Building permits.
The final plan, or parts thereof as
finally approved, shall be filed in
the building official's office and all
building permits shall be issued on
the basis of conformance with the
plan. Minor changes in building
arrangements that do not substantially
alter the character of the development
are allowable without further Council
action. Any other changes, including
changes in street locations, land use
and building arrangements, shall be
considered as major changes to the
approved plan, to be approved as
amendments in accordance with the
procedures set forth in Section
36-88.
B. Sections 36-47(c), 36-47(d) and
36-47(e) shall be renumbered as
follows:
Section 36-47(c) shall become
Section 36-47(e).
Section 36-47(d) shall become
Section 36-47(f).
Section 36-47(e) shall become
Section 36-47(g).
SECTION II. REPEALER: All ordinances and
pars ot or finances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION III. SEVERABILITY: If any
section, provision or par of the Ordi-
nance 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 IV. EFFECTIVE DATE: This Ordi-
nance shall be in effect a ter its final
passage, approval and publication as
required by law.
Passed and pproved this 17th day of
September, 198. ; n
ATTEST:
Re::lvnd w" Approved
9y qth�e, �L.npl Depar!menl
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SECTION IV. EFFECTIVE DATE: This Ordi-
nance shall be in effect a ter its final
passage, approval and publication as
required by law.
Passed and pproved this 17th day of
September, 198. ; n
ATTEST:
Re::lvnd w" Approved
9y qth�e, �L.npl Depar!menl
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ORDINANCE NO. 85-3256
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF PORTIONS
OF LOTS 7 AND 8 OF BLOCK 1, BRAVERMAN
CENTER, LOCATED BETWEEN KEOKUK STREET AND
BROADWAY STREET, FROM RM -12 TO CC -2.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA THAT:
SECTION I. AMENDMENT. Subject to the
terms an conditions of Exhibit B, the
Pepperwood Place Agreement, which is
attached to this ordinance and hereby made
a part thereof, the property described
below is hereby reclassified from its
present classification of RM -12 to CC -2,
and the boundaries of the CC -2 zone be
indicated upon the zoning map of the City
Of Iowa City, Iowa, to include the
property described as follows:
Beginning at a point on the east line
Of Block 1 of Braverman Center, a
subdivision in Iowa City, Iowa, as
shown on a plat filed in Book 7, page 9
in the Johnson County Recorder's
Office, that lies N 00026120" E 335.00
feet from the southeast corner of said
Block; thence N 89033140" W 705.20
feet; thence N 00026120" E 352.26 feet;
thence S 89033'40" E 47.81 feet; thence
S 67056'00" E 707.17 feet; thence S
00026'20" W 91.62 feet along the east
line of said Block to the Point of
Beginning.
SECTION II. ZONING MAP CHANGE. 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. CERTIFICATION. The City
Clerk is hereby authored
izand directed to
certify a copy of this ordinance to the
County Recorder of Johnson County, Iowa.
SECTION IV. REPEALER: All ordinances and
Parti o or finances 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.
Ordinance No. 85-3256
Page 2
SECTION VI. EFFECTIVE DATE: This Ordi-
nance shall be in effect after its final
passage, approval end publication as
required by law.
Passed andapproved this 17th day of
September, 19F x
ATTEST:
Received & Approved
Zy The1.09d aATWM
It was moved by Zuber and seconded by Strait
that the Ordinance as read be adopted and upon ro ca ere
Were:
AYES: NAYS: ABSENT:
x AMBRISCO
x BAKER
_ x DICKSON
x ERDAHL
x MCDONALD
x STRAIT
x ZUBER
First consideration 8/27/85
Vote for passage yes:7C�risco, Baker, McDonald, Strait.
Nays: Dickson, Erdahl. Abstain: Zuber.
Second consideration 9/10/85
Vote for passage Ayes: u er, er, McDonald, Strait.
Nays: Dickson, Erdahl. Absent: Mbrisco.
Date published 9/25/85
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It was moved by Zuber and seconded by Strait
that the Ordinance as read be adopted and upon ro ca ere
Were:
AYES: NAYS: ABSENT:
x AMBRISCO
x BAKER
_ x DICKSON
x ERDAHL
x MCDONALD
x STRAIT
x ZUBER
First consideration 8/27/85
Vote for passage yes:7C�risco, Baker, McDonald, Strait.
Nays: Dickson, Erdahl. Abstain: Zuber.
Second consideration 9/10/85
Vote for passage Ayes: u er, er, McDonald, Strait.
Nays: Dickson, Erdahl. Absent: Mbrisco.
Date published 9/25/85
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MIBIT B
PEPPERWOOD PLACE
AGREEMENT
THIS AGREEMENT made by and between Southgate Development
Company, Inc., an Iowa corporation with its principal place
of business in Iowa City, Iowa, hereinafter called "Southgate",
and City of Iowa City, Iowa, a municipal corporation, herein-
after called "City".
WITNESSETH:
WHEREAS, Southgate has filed a Preliminary Subdivision
Plat, Preliminary Large Scale Non -Residential Development
Plan for a commercial center to be known as Pepperwood
Place, and Rezoning Request with the City, covering part of
Block 1, Braverman Center; and
WHEREAS, the approval of the Large Scale Non -Residential
Development Plan is, by its design, contingent upon the
rezoning from RM -12 to CC -2 of that portion of Lot 7, Block
1, Braverman Center, as shown on the Preliminary Subdivision
Plat presently zoned RM -12; and
WHEREAS, pursuant to Iowa Code (1985) Section 414.5,
the parties have agreed to certain conditions to such re-
zoning; and
WHEREAS, the parties wish to set forth their agreements
as to conditions which will arise as a result of the re-
zoning.
NOW, THEREFORE, in consideration of the premises and of
the covenants hereinafter set forth, it is agreed as follows:
1. Broadway Street Agreement. The terms and con-
ditions of this agreement supercede the terms and conditions
of the Broadway Street Agreement, dated March 22, 1978,
between Braverman Development, Inc. and the City (the "Agreement").
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2. Conditions xo Building Permits. The City shall
not issue any building permits for development on Lots 4, 7
and 5B of Block 1, Braverman Center until Southgate has
received the consent of the Iowa Department of Transportation
(IDOT), where required, to complete the following improve-
ments as required hereunder:
(i) The closing of Hollywood Boulevard, and
(ii) Construction of a channelized intersection to
connect Broadway Street with Highway 6 Bypass.
3, Broadway Street Intersection - Hollywood Boulevard
Closing. Prior to the issuance of an occupancy certificate
for any building on Lots 4, 7 and 5B of Block 1, Braverman
Center,
A. Southgate shall complete construction of the
Broadway Street intersection, and the closing of Hollywood
Boulevard, as required by Section 3B of the Agreement, and
the terms of this agreement.
B. Southgate shall close Hollywood Boulevard
between the west edge of the driveway into Hollywood Boulevard
from the Colonial Park office Building property and the east
lot line (extended) of property presently occupied by a
branch office of the Iowa State Bank and Trust Company; and
between Broadway Street and the present storm sewer inlets
at the east property line of the 1902 Broadway office building.
C. Southgate shall erect six inch curbs at each
end of the closed portions of Hollywood Boulevard.
D. Southgate shall cover the closed portions of
Hollywood Boulevard pavement with sufficient fill dirt to
support the establishment and growth of sod which Southgate
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shall place thereon at its sole cost and expense. Southgate
further agrees that, if, in the opinion of the City Engineer,
the sod has not been established by growth and maintained in
that way for at least two calendar years from the date of
installation, the City may require Southgate to remove the
pavement and fill and seed the area so as to establish grass
where the roadway presently exists.
E. Southgate shall construct sidewalks along the
east side of the present K -Mart parking lot and south to
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connect the residentially zoned property to the south of the
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K -Mart site to the development. Southgate will also install
a sidewalk along the south side of the drive between Broadway ,
Street and the west line of Lot 7, Block 1, Braverman Center.
The sidewalks will be located as shown on the finally approved 111
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Large Scale Non -Residential Development Plan, and will be
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installed in connection with, and at the time of, the installation
of the parking lot required to serve the development.
F. Southgate will improve the entrance and exit
from the K -Mart property to Keokuk Street in accordance with
the plan attached hereto as Exhibit "A". I,
4. Signage for K -Mart Drive. Southgate will use its
best efforts to obtain consent of the tenant occupying the
building on Lot 2, Block 1, Braverman Center, to the placement j.
of appropriate signs requiring that vehicular traffic yield
to pedestrians in the crosswalks so provided.
5. Taylor Drive Escrow. On the date the City shall
issue the first occupancy certificate for any building on
Lots 4, 7 or 5B of Block 1, Braverman Center, Southgate
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shall deposit $25,000.00 in escrow with the City Clerk of f
the City, to be used by the City or refunded to Southgate as
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hereinafter provided. The City shall have the right, at its
sole discretion, for a period of two (2) years from the date
of issuance of said first occupancy certificate, to apply
all or any part of the escrowed funds for construction with
respect to: (1) the improvement of the Taylor Drive intersection
with Highway 6 Bypass, or, (2) the closing of the Taylor
Drive intersection with Highway 6 Bypass. Any of the escrowed
funds not expended by the City within the two (2) year
period shall be refunded by the City to Southgate.
6. Effectiveness of This Agreement. Southgate's
obligations hereunder are subject to and contingent upon
approval by the City Council of the City of the requested
zoning change for a portion of Lot 7, Block 1, Braverman
Center, and the final approval of Southgate's Large Scale
Non -Residential Development Plan for Pepperwood Place which
includes the area to be rezoned. In the event the City
Council of the City does not approve the requested zoning
change, and/or does not approve the Large Scale Non -Residential
Development Plan, this Agreement shall be null and void and
no further force and effect. However, the Broadway Street
Agreement shall continue in full force and effect if the
requested zoning change is not approved.
7. Successors and Assigns. This Agreement shall be
binding upon and shall inure to the benefit of the successors
and assigns of the respective parties hereto, and all of the
provisions hereof shall be covenants running with the land
of Lots 4, 5B and 7 of Block 1, Braverman Center.
Dated at Iowa City, Iowa, as of the day of
, 1985.
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By
Attest:
Ma iian d. Karr, City Clerk
-5-
7DEVELaONTCOMPANY, nnINC.
OF IOWA CITY, IOWA
r�
n McDonald, Mayor
Reeelved 3 Approved
By The LeS De M
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By
Attest:
Ma iian d. Karr, City Clerk
-5-
7DEVELaONTCOMPANY, nnINC.
OF IOWA CITY, IOWA
r�
n McDonald, Mayor
Reeelved 3 Approved
By The LeS De M
/7 -?7
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STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
On this /3 day of A,J At , 1985, before me,
the undersigned, a Notary Public in and for the State of
Iowa, personally appeared A'7le( w ;�?:r.- •.k
arid— to me personally known,
who, being by me duly sworn, did say that they are the
P,rS l ,l and—
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 authprity of its
Board of Directors; and that the said OesldoT
and- as such officer(s) acknow-
ledged the execution of said instrument to be the voluntary
act and deed of said corporation, by it and by them voluntarily
executed.
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A LOMIfSIP� [IIIMS
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
Notary Public and for said
County a. State
On this 17-6 day of , 1985, 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 of Iowa City, Iowa, 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 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.
•Not•Not r�in said
County and State
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