HomeMy WebLinkAbout2003-09-23 Ordinance Prepared by: Robert Mildo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ03-00017
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 8.7 ACRES FROM INTERIM DEVELOPMENT (ID-RS) TO
SENSITIVE AREAS OVERLAY - IOW DENSITY SINGLE-FAMILY (OSA-5) LOCATED ON THE WEST
SIDE OF FOSTER ROAD.
WHEREAS, the Owner, K. G. Bird, LLC. has requested that the City rezone approximately 8.7 acres of
land located on the west side of Foster Road from Interim Development (ID-RS) to Sensitive Areas Overlay-
Low Density Single-Family (OSA-5); and
WHEREAS, the property contains the steep slopes, critical slopes, protected slopes, woodlands and a
grove of trees; and
WHEREAS, the Sensitive Areas Oveday Development Plan provides for the creation of an outlot to be
dedicated to the City in order to preserve much of the woodland and regulated slopes; and
WHEREAS, the Sensitive Areas Development Plan includes a tree protection plan that will provide for
the protection of a grove of trees located within the property;, and
WHEREAS, the Sensitive Areas Development Plan includes the removal of a portion of the woodlands in
order to allow the construction of White Oak Place and building sites; and
WHEREAS, the Sensitive Areas Development Plan provides for replacement trees that will be
planted to compensate for portions of the removed woodlands according to the specifications of the City
Forester; and
WHEREAS, the Planning and Zoning Commission has reviewed the Sensitive Areas Development
Plan, including the proposal to remove a portion of the woodlands; and
WHEREAS, the Planning and Zoning Commission has determined that removal of a portion of the
woodlands will make it more feasible to preserve the large oak and hickory trees located on the property;
and
WHEREAS, the Planning and Zoning Commission has recommended approval of the rezoning and
Sensitive Areas Development Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY:
,%~C~J~L~. The following property is hereby rezoned from ID-RS to OSA-5 and the
associated Sensitive Areas Development Plan and Tree Protection Plan is hereby approved:
Auditor's Parcel 95079, in accordance with the Plat thereof recorded in Book 35, at page 267 of the
records of the Johnson County Recorder's Office. Said Parcel contains 8.70 acres, and is subject to
easements and restrictions of record.
The City Clerk is hereby authorized to record the Sensitive Areas Development Plan and Tree
Protection Plan in the office of the Johnson County Recorder at the Owner's expense.
~C~)J~L~. 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 final passage, approval, and
publication of this ordinance as provided by law.
~C~J~L~L~. All ordinances and pads of ordinances in conflict wit. h the provisions of this
Ordinance are hereby repealed.
SECTION IV SEVFRAI:Jll I'FY. 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 V FFFECTIVF DATF 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
A3-1'EST:
CITY CLERK
Ci~%~d~Mey's ~)ffice
ppdedmin~:m~fostemad.d~c
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:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 9/22/03
Voteforpassage:AYES: Vanderhoef, Wilburn, Champion, Lehman, 0'Donnel]. NAYS: Pfab
Kanner. ABSENT: None.
Second Consideration 9123103
Voteforpassage: AYES: Champion, Lehman, O'Donnell, Vanderhoef, Wilburn.
NA?S: Kanner, Pfab. ABSENT: None.
Date published
Prepared by: Jessica Hlubek, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
ORDINANCE NO. 03-4097
AN ORDINANCE CONDITIONALLY RE. ZONING 5.69 ACRES FROM LOW DENSITY SINGLE-
FAMILY RESIDENTIAL (RS-5) TO LOW DENSITY MULTI-FAMILY RESIDENTIAL (RM-12)
LOCATED AT 1715 MORMON TREK BOULEVARD.
WHEREAS, All Nations Baptist Chumh, is the owner and title holder of approximately 5.69 acres of
property located at 1715 Mormon Trek Boulevard; and
WHEREAS, the applicant, Jong Koo Lee, on behalf of All Nations Baptist Church, has requested the
rezoning of the approximately 5.69-acre property from RS-5, Low Density Single-Family Residential, to
RM-12, Low Density Multi-Family Residential; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions
ensuring that any future development of the property is in accordance with the design policies of the
Southwest District Plan, the proposed rezoning is in conformance with the Southwest District Plan, which
is part of the Comprehensive Plan; and
WHEREAS, towa Code §414.5 (2001) 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 directly caused by the requested change; and
WHEREAS, the owner and applicant acknowledge that certain conditions and restrictions are
reasonable to ensure that the development of the property is in general accordance with the
neighborhood design policies of the Southwest District Plan; and
WHEREAS, the owner and applicant have agreed to use this property in accordance with the terms
and conditions of a Conditional Zoning Agreement to ensure that the above-referenced Comprehensive
Plan policies are addressed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional
Zoning Agreement, attached hereto and incorporated herein, the property described below is hereby
reclassified from its current designation of Low Density Single-Family Residential (RS-5) to Low Density
Multi-Family Residential (RM-12):
BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 20~ TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH
PRINCIPAL MERIDIAN; THENCE S00°20'30'~V, A RECORDED BEARING, 532.40 FEET ALONG THE
EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER TO A POINT ON
THE NORTHEASTERLY RIGHT OF WAY LINE OF THE RELOCATED PRIMARY ROAD U.S. HIGHWAY
NO. 218; THENCE N47°47'00'~V, ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, 951.00
FEET; THENCE N83°41'55"E, 677.32 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE
OF MORMON TREK ROAD (ALSO KNOWN AS MORMON TREK BOULEVARD); THENCE S00°24'00"E
ALONG SAID RIGHT OF WAY LINE 180.94 FEET TO A POINT ON THE NORTH LINE OF SAID
NORTHWEST QUARTER; THENCE S89°57'38"E, ALONG SAID NORTH LINE, 33.00 FEET TO THE
POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 5~69 ACRES MORE OR LESS AND IS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. 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 amendment upon the
final passage, approval and publication of this ordinance by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
ordinance, the Mayor is hereby authorized and directed to sign, and City Clerk to attest, the Conditional
Zoning Agreement between the property owner and applicant of the 5.69-acre property requested for
rezoning.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed
to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTLON V. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
ordinance are hereby repealed.
Ordinance No. 03-4097
Page 2
SECTION VI. SEVERABILITY. If any section, provision or part of this 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 required by law.
Passed and approved this 23rd dayof September ,20. 03 .
Approved by
City Attorney's ~ffice
ppdadrtYord/REZ02-00018.doc
Ordinance No. 03-4097
Page 3
It was moved by Champion and seconded by Vanderhoef that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration R./1 q/~l~
Voteforpassage: AYES: Pfab, Vanderhoef, Champion, Kanner, Lehman, O'Donnell.
NAYS: None. ABSENT: Wilburn.
Second Consideration 9/9/03
Voteforpassage: AYES: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Date published 10/1/03
Prepared by: Jessica Hlubek, planning intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), All Nations Baptist Church (hereinafter "Owner") and Jong Koo Lee representing All
Nations Baptist Chumh (hereinafter "Applicant").
WHEREAS, Owner is owner and legal title holder of approximately 5.69 acres of property located at
1715 Mormon Trek Boulevard; and
WHEREAS, the Applicant has requested the rezoning of the approximately 5.69-acre properly fram
RS-5, Low Density Single-Family Residential, to RM-12, Low Density Multi-Family Residential; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions
ensuring that any future redevelopment of the property is in accordance with the design policies of the
Southwest District Plan, the proposed rezoning is in conformance with the Southwest District Plan, which
is part of the Comprehensive Plan; and
WHEREAS, Iowa Code {}414.5 (2001) provides that the City of Iowa may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs directly caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure that the development of the property is in general accordance with the
neighborhood design policies of the Southwest District Plan; and
WHEREAS, the Owner and Applicant have agreed to use this property in accordance with the terms
and conditions of a Conditional Zoning Agreement to ensure that the above-referenced Comprehensive
Plan policies are addressed.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as
follows:
1. All Nations Baptist Church is the owner and legal title holder of the property legally described as
follows:
BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST OF
THE FIFTH PRINCIPAL MERIDIAN; THENCE S00°20'30"W, A RECORDED BEARING,
532.40 FEET ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE
OF THE RELOCATED PRIMARY ROAD U.S. HIGHWAY NO. 218; THENCE N47°47'00"VV,
ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, 951.00 FEET; THENCE
N83°41'55"E, 677.32 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF
MORMON TREK ROAD (ALSO KNOWN AS MORMON TREK BOULEVARD); THENCE
S00°24'00"E ALONG SAID RIGHT OF WAY LINE 180.94 FEET TO A POINT ON THE
NORTH LINE OF SAID NORTHWEST QUARTER; THENCE S89°57'38"E, ALOf;G SAID
NORTH LINE, 33.00 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND
CONTAINS 5.69 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
2. Owner and Appl!cant acknowledge that the City wishes to ensure appropriate residential
development that generally conforms to the neighborhood design policies contained within the
Southwest Distdct Plan. Further, the Parties acknowledge that Iowa Code ,~14.5 (2001) 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. Therefore, Owner and Applicant agree to certain conditions over and above
City regulations as detailed below.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that any
future redevelopment of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. A 70-foot wide evergreen buffer planted with evergreens shall be established along Highway
218 in the event that the subject property redevelops for residential use in the future.
b. A Planned Development Housing Overlay (OPDH) plan shall be approved prior to any future
residential redevelopment of the subject properly.
4. The Owner, Applicant and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2001), and that said conditions satisfy
public needs that are caused by the requested zoning change.
5. The Owner, Applicant 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 the title to this land, unless or until re!eased of record by the
City of Iowa 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. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to
relieve the Owner or Applicant 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 publication of the ordinance,
this agreement shall be recorded in the Johnson County Recorder's Office at Applicant's expense.
Dated this 23rd dayof September ,200~.
OWNER CITY OF IOWA CITY
Attest
Marian K. Karr, City Clerk
Approved by:
Cit~/~tt~rn~y's ~h~fice
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /,_5' day of ~ ,20 ¢:',.~, , before me, the undersigned, a Notary
Public in and for said Cour~y, ih said State, personally appeared ~ 1/~-~ /--~
, to me known to be the identical person{s) named in ancFwho~executed the within
and foregoing instrument, and acknowledged that (he/c.".c/~c¥) executed the same as (his/h.c.-/'..".cJ.'~
voluntary act and deed.
Notary~Public in and for the State of Iowa
My commission expires:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this o3~) day of -~,~v' , A.D. 20 O~ . before me, the undersigned, a
notary public in and for the State of Ibwa, personally appeared Ernest W. Lehman 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; that the 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 Mayor and City Clerk as such officers
acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by
it and by them voluntarily executed.
~-~. SONDRAE FORT
Commission Number 159791!
I;t "[ MyComrnissic, nExpire, | ~
I 'fl'~'[~"l ~,--'7-o~, ! Notary Public in and for the State of Iowa
My commission expires: ,.~-
ppdad m/agt/CZA- REZ02~00018.doc
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 03-4098
ORDINANCE REPEALING TITLE 6, "PUBLIC HEALTH AND SAFETY", CHAPTER '1,
"NUISANCES", SECTION 2, "PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES
ENUMERATED", SUBSECTION {Q), "VEHICLES ILLEGALLY PARKED, STORED, PLACED,
OR KEPT ON PRIVATE PROPERTY"
WHEREAS, the City Council believes it is in the public interest to repeal Section 6-1-2(Q) of the City
Code, regarding vehicles illegally parked, stored, placed, or kept on private property;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Section 6-1-2(Q) of the City Code is hereby repealed with subsequent
subsections to be relettered accordingly.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with 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 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 Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Pass.,p~ and approved this ?~rddayof Sep~-~mhp~' ,2003 ·
MAYOR ,,, . .~J ~ / J
ATTEST: //'J'~.,) ~". ~
CITY 'C LL~RK
C~'ty ~,t~orney's Office
eleanor/oral/sec6-1-2(Q).doc
Ordinance No. 03-4098
Page. 2
It was moved by Wi 1 burn and seconded by 0 ' Donne11 that the Ordinance
as road be adopted, and upon roll call thero wero:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
;~ O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration
Vote for passage: AYES:Pfab, Vanden-hoer, Wilburn, Champion, Kanner, Lehman,
O'Donnell. NAYS: None. ABSENT: None.
~cond Consideration ......................
Vote for passage:
Date published 10 / 1!03
Noved by Wilburn, seconded by Vanderhoef, that the rule requiring ordinances to be considered
and vbted 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 be
voted upon for final passage at this.time. AYES Wilburn, Champion, Lehman, O'Donnell, Pfab,
Vanderhoef. NAYS: Kanner. ABSENT: None.
Prepared by: Eleanor M Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. n~_~na~
ORDINANCE TITLE 6, "PUBLIC HEALTH AND SAFETY", CHAPT ,
"NUISANCES", ION 2, "PUBLIC NUSlANCE DEFINED; PUBLIC NUI
"VEHICLES ILLEGALLY PARKED,
OR KEPT ON
WHEREAS, the City Council I is in the public interest to repeal of the City
Code, regarding vehicles illegally [ placed, or ke
NOW, THEREFORE, BE IT THE CITY COUNCIL OF CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT Section 6-1-2(Q) City repealed with subsequent
subsections to be relettered accordingly.
SECTION II. REPEALER. All ordinances and conflict with the provisions of this
Ordinance are hereby repealed.
SECTION II1. SEVERABILITY. If any section, provision or ~the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect th~ of the Ordinance as a whole or any
section, provision or part thereof not adjudged
SECTION IV. EFFECTIVE DATE. passage, approval and
publication, as provided by law.
Passed and approved this 23rd da ,20 03
ATTEST:
CITY ¢
A~,,ved by .
City Attorney s Office /
eleanof/ord/sec~1-2(Q).doc /