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Home My WebLink About1997-11-18 OrdinancePrepared by: John Yapp, Assoc. Planner, 410 E. Washington Sl~eet, Iowa C,~ty, IA 52240; 319-356-5247 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING CHAPTER BY CONDmONALLY CHANGING THE USE REGULATIONS OF APPROX- IMATELY 2.81 ACRES OF PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF IOWA HIGHWAY I AND NAPLES AVENUE, FROM COUNTY PLANNED COMMERCIAL, TO C1-1, INTI '.~OMMERClAL. WHEREAS, the owners, Randy M. Tamara J. IVl~.er, have requested that the annex and .).81 acres of property the of Iowa Hi( Avenue; WH the commercial Iopment its utilizing City WHEREAS, that the City of Iowa conditions on grantir quest, over and der to satisfy requested change'; and southeast of 1 and Naples ;~ will allow the corporate lim- ; and 414.5 (1997) provides may impose reasonable applicant's rezoning re- isting regulations, in or- caused by the WHEREAS, ~e owners ~owledge that cer- tain conditions~ and reasonable to ensure appropriate development'at an entrance- way to Iowa City, and WHEREAS, the owner has agreed to use this property J~ accordance with the terms and condi- tions of a conditional zoning agreement to ensure appropriate development in this area of Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE. CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I, APPROVAL. Subject to the terms and conditions of the conditional zoning agrcc ment for the subject property, attached hereto and incorporated by reference herein, the property as described below is hereby reclassified from its present classification of CP-1, Planned Commer- cial, to C1-1, Intensive Commercial: Commencing at the Southwest Comer of the Southeast Quarter of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Thence N00°25'45"E, (AA Recorded Beadng) along the West Line Ordinance No. Page 2 of said Southeast Quarter, 1395.30 feet, in accordance with the 'Right-of-Way Plat,' Recorded in Deed Book 767, at Page 229 of the Records of the Johnson County Recorder's Office, said Point being the intersection of the West Line of the Northwest Quarter, of the Southeast Quarter of said Section 20, with the South Line of the North 18.58 chains of said Northwest Quarter;, Thence N39°58'45'E, along said South Line, 150 00 feet, to the Point of Beginning of a Stormwater Detention Basin Easement; Thence N00°25'45"E, 149.03 feet, to a Point on the Southeasterly Right-of-Way Line of Iowa Highway No 1; Thence N68° 17'45"E, along said Southeasterly Right-of-Way Line, 143.97 feet, to its Intersection with the .Southwesterly Right-of-Way Line of Ramp ~,~ of Primary Road No 218, Thence S5~,.18'15"E, along said Southwesterly / Right"~,f-Way Line, 396.00 feet, to a Point o/ry' the Sou't~Line of the North 18.56 chains~f said N~hwest Quarter; Th,,~nce S89°58'45"W'~long said South Line,/4'75.40 feet, to the ~.oint of Beginni~7~. Said Easement contakl,.s 58,021 so, are feet, more or less. ~ / SFCTION II. TONING I~,P. Th/~ building official is hereby a thu odz aed nd'X~re~ed to change the zon'ng~ map of the City folo~ City, Iowa to con- form to th's ame~ ndment u.I;X)r'Ix?e final passage, approval and p bl'cau ~ b'on/of this'~dinance as pro- vided by law. / ~ SFCTION III. ?~NDITIONAL~ ZONING AGRFFMFNT The/Mayor si hereby'xauthodzed and drected to s'l I~/,and the C~ty ICerk'X~ attest, the Cond't'ona~ I Zoning Agreement betwde, n the property owner. F/and the City, f Iio owing pas'~ge and approval of this ordinance. ~ SECTION //IV. CFRTIFICATION ANDS. RECORDING. The City Clerk is hereby author- ized and .,~lirected to certify a copy of this ordi- nance arid the conditional zoning agreement. SFCT[ON V. RFPFALFR. All ordinances and parts of ordinances in conflict with the provi- sio,ns of this Ordinance are hereby repealed. SFCTION Vl. SF'VFRABILITY. If any section, provision or part of the Ordinance shall be ad- judged to be invalid or unconstitutional, such ad- judication shall not affect the validity of the Ordi- nance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SFCT1ON VII. FFFFCTIVF DATF. This Ordi- nance shall be in effect after its final passage, ap- proval and publication, as provided by law. Ordinance No. Page 3 Passed and approved th~s ,19 day of MAYOR A'I-TEST: ~,ITY CLERK y ~ : John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; ORDINANCE NO. ~ AN ORDINANCE AMENDING THE ~ CHAPTER BY CONDITIONALLY CHANGI ~ THE USE REGULATIONS OF , ~ ~IMATELY 2.81 ACRES OF PF '.~ x, LOCATED SOUTHEAST OF THE FERSECTION OF IOWA I AND N, AVENUE, FROM CP-1, PLA ED COMMERCIAL, TO INTENSIVE lClAL. the owners, M. and Tamara J. Miller, requested City annex and rezone 2.81 of located southeast of the 1 and Naples Avenue; and WHEREAS, the rezoning will allow commercial develo the corporate lim- its utilizing City s~rvices; and WHEREAS, Code 41~.5 (1997) provides that the City ~f City may ~pose reasonable conditions o~ (. ~g an applica'l~t's rezoning re- quest, ov~ an~ above existing regulations, in or- der to s~isfy public needs directly c~sed by the reques/l~:,d change; and ~ W!;;~EREAS, the owners acknowledge that cer- tai/¢conditions and restrictions are reasona't~e to /e~su.re,appro...p.,date development at an entrar~e- way to Iowa City, and ~ WHEREAS, the owner has agreed to use this~ property in accordance with the terms and condi- tions of a conditional zoning.a. greemen. t. 1o ensure appropriate development in this area of Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: ~ SECTION I. APPROVAL. Subject to the terms and conditions of the conditional zoning agree- ment for the subject prope .dy, .tta ached hereto and incorporated by reference here'm/th.e_ pr.o.perty as described below is hereby reclassified from its present classification of CP-1, Planned Commer- cial, to C1-1, Intensive Commercial: Lot 5, Scott's Second. _A. ddit!o~.. A Resubdivision of Lot 2, Scott's First Addition, and a portion of the Northwest Quarter, of the Southeast Quarter, of Section 20, Twp. 79 North, Range 6 West of the 51h P.M., Pre ~red by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5; CONDITIONAL ZONING AGREEMENT THIS A( (hereinafter "the "Owners"). is made by and between the City of Iowa City, Iowa, a mu and Randy M. and Tamara J. Miller (hereinafter colle~ corporation referred to as WHEREAS, Owners southeast of the of CP-1, Planned requested the City to annex and rezone 2.8 ~n of Iowa Highway 1 and Naples Avenue ,I, to C1-1, Intensive Commercial; and of property located )m the County designation WHEREAS, Iowa Code reasonable conditions on regulations, in order to satisfy 414.5 (1997) provides that g Owners' rezoning directly City of Iowa City may impose uests, over and above existing the requested change; and WHEREAS, it is a stated policy in the C~'s entranceways to Iowa City, as the vis.~l entranceways can contribute to the economic-~ attractive place to live and work; and Plan to preserve and enhance the projected of the City through its welfare of Iowa City by making it a more WHEREAS, Owners acknowledge that to ensure appropriate development at an tions and restrictions are appropriate in order to Iowa City; and WHEREAS, Owners have agreed conditions of this Conditional Zor property. p the Agreement to in accordance with the terms and re appropriate development of this NOW, THEREFORE, in cot follows: of mutual promises herein, the parties agree as The Owners a the owners and legal title holders of property'X,l,.ocated southeast of the intersection ,~ va Highway 1 and Naples Avenue, which is mor~particulady described as follows/ ~ Lot 5.,,/Sco t','Second Addition, A Resubdivision of Lot 2, Sc0~.'s First A_d~i{ion, and a portion of the Northwest Quarter, of _the SobSeast Q,j:farter, of Section 20, Twp. 79 North, Range 6 West of the 5th I~M., /Johnson County, Iowa, according to the plat thereof recorded in Book 3,,!,,, Page 309, Plat Records of Johnson County, Iowa, and ., ~ BEGINNING AT THE SOUTHEAST CORNER OF LOT 2, SCOTT'S ~ THIRD ADDITION, JOHNSON COUNTY, IOWA IN ACCORDANCE WITH ~