HomeMy WebLinkAbout1997-03-04 OrdinancePrepared by: Scott G. Kugler, Assoc. Planner, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240; (319) 356~5243
ORDINANCE NO. 97-3775
ORDINANCE AMENDING THE ZONING CHAP-
TER BY CONDITIONALLY CHANGING THE USE
REGULATIONS OF APPROXIMATELY 40.7
ACRES LOCATED ON THE NORTH SIDE OF
ROHRET ROAD, EAST OF HIGHWAY 218
FROM RS-5, LOW DENSITY SINGLE-FAMILY
RESIDENTIAL, TO OSA-8, SENSITIVE AREAS
OVERLAY/MEDIUM DENSITY SINGLE-FAMILY
RESIDENTIAL.
WHEREAS, Owners, Joan E. Cole, John D.
and Doris Meade, Nellie Cole, Frederick and
Katherine Kasper, Wands M. Drake, Keith and
Barbara Pirkl, and Donald and Patricia Pirkl, are
legal title holders, and Applicant, Walden Wood
II Associates, is contract purchaser of property
located on the north side of Rohret Road, east
of Highway 218, legally described below; and
WHEREAS, the Applicant and Owners have
requested that the City rezone approximately
40.7 acres located on the north side of Rohret
Road, east of Highway 218, from RS-5, Low
Density Single-Family Residential, to OSA-8,
Sensitive Areas Overlay/Medium Density
Single-Family Residential; and
WHEREAS, the property contains a
woodland in combination with a stream
corridor, as defined by the City's Sensitive
Areas Ordinance, necessitating a Sensitive
Areas Overlay rezoning and submittal of a
Sensitive Areas Development Plan; and
WHEREAS, the proposed rezoning will allow
the development of up to 249 dwelling units on
the parcel, incorporating a mix of housing
types, while' avoiding development on
environmentally sensitive areas existing on the
property; and
WHEREAS, the Applicant filed with the CitV
a Preliminary Plat and Sensitive Areas
Development Plan (Hereinafter "Plan") in
association with its rezoning request, revised
and submitted to the City on December 18,
1996; and
WHEREAS, said Plan is represented by the
Applicant and Owners as being representative
Ordinance No. 97-3775
Page 2
of their intentions with respect to development
of the property, and shall serve as a basis upon
which to review final development plans, final
plats, grading plans, construction drawings, "
legal papers, and any other plans or legal
documents required by the City regarding the
development of the property; and
WHEREAS, said Plan does not contain a
detailed development plan for Lot 53, for which
a future rezoning application and development
plan will be reviewed for approval prior to
development; and
WHEREAS, the Applicant and Owners
acknowledge that certain conditions and
restrictions are reasonable to ensure the
development of an adequate and controlled
traffic circulation system for this development
and this area of the City, and to ensure
appropriate use of Lot 53 in relation to
surrounding properties; and
WHEREAS, The Applicant and Owners have
agreed to develop the property in accordance
with the terms and conditions of a Conditional
Zoning - Agreement to ensure appropriate
development of this property.
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
by reference herein, the property described
below is hereby reclassified from its present
classification of RS-5, Low Density Single-
Family Residential, to OSA-8, Sensitive Areas
Overlay/Medium Density Single-Family
Residential:
The East 55 Acres of the North Half of the
Southeast Quarter, all in Section 18,
Township 79 North, Range 6 West, of the
Fifth Principal Meridian, Johnson County,
Iowa, Excepting Therefrom, that portion
lying South and West of Interstate No. 380,
land taken by the State of Iowa as shown
on the instrument recorded in Book 658,
Page 314, land taken by the City of Iowa
City as shown on the instrument recorded
in Book 2059, at Page 97, all of the Records
of the Johnson County Recorder's Office.
Said Resultant tract contains 40.7 acres,
more or less, and is subject to easements
and restrictions of record.
SECTION II. ZONING MAP. Upon final pas-
Ordinance No. 97-3775
Page 3
sage, approval and publication of this Ordi-
nance as provided by law, the Building Official
is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to
conform to this zoning amendment.
SECTION III. CONDITIONAL ZONING AGREE-
MENT. 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 owners, applicant and the City.
SECTION IV. CERTIFICATION AND RECORD-
ING. Upon passage and approval of this
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 for recordation in the Office
of the Recorder, Johnson County, Iowa, at the
Appiicant's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
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 unconsti-
tutional.
SECTION VII. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 4th davy of
CiTyC/~LL,.RK j~
ioved
ppdadrnin\waldord. ord
Ordinance No, 97-3775
Page 4
It was moved by Lehman and seconded by ThornboY'r~, that the
Ordinance as mad be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Baker
~ Kubby
X Lehman
X Norton
X Novick
X. Thornberry
X Vanderhoef
First Consideration 2/11/97
Vote f or passage:AYES: Novi ck, Thornberry, Baker, Lehman,Norton.
NAYS: Vanderhoei~, Kubb3/. ABSENT: None.
Second Consideration 2 / 25/q7
Vote for passage: AYES: Novick,Baker, Lehman, Norton. NAYS: Vander'l~
Kubb.y. ABSENT: ThoPnber~'5,.
Date published 3/12/97
Prepared by.' Scott Kugler, Assoc. Planner, City of Iowa City, 410 E. Washington St., Iowa City, IA 522z~0; (319) 356-5243
CONDITIONAL ZONING AGREEMENT
This agreement is made by and between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter "the City"), and Walden Wood I1 Associates (hereinafter "Applicant") and Joan
E. Cole, John D. and Doris Meade, Frederick and Katherine Kasper, Wanda M. Drake, Keith
and Barbara Pirkl, and Donald and Patricia Pirkl (hereinafter collectively referred to as
"Owners").
WHEREAS, Owners are legal title holders and Applicant is contract purchaser of property
located on the north side of Rohret Road, east of Highway 218, legally described below; and
WHEREAS, the Applicant and Owners have requested that the City rezone approximately 40.7
acres located on the north side of Rohret Road, east of Highway 218, from RS-5, Low Density
Single-Family Residential, to OSA-8, Sensitive Areas Overlay/Medium Density Single-Family
Residential; and
WHEREAS, the property contains a woodland in combination with a stream corridor, as
defined by the City's Sensitive Areas Ordinance, necessitating a Sensitive Areas Overlay
rezoning and submittal of a Sensitive Areas Development Plan; and
WHEREAS, the proposed rezoning will allow the development of up to 249 dwelling units on
the parcel, incorporating a mix of housing types, while avoiding development on
environmentally sensitive areas existing on the property; and
WHEREAS, the Applicant filed with the City a Preliminary Plat and Sensitive Areas
Development Plan (Hereinafter "Plan") in association with its rezoning request, revised and
submitted to the City on February 12, 1997, a copy of which is on file in the Iowa City City
Clerk's office and which is hereby incorporated herein by this reference; and
WHEREAS, said Plan is represented by the Applicant as being representative of Applicant's
intentions with respect to development of the property, and shall serve as a basis upon which
to review final development plans, final plats, grading plans, construction drawings, legal
papers, and any other plans or legal documents required by the City regarding the
development of the property; and
WHEREAS, said Plan does not contain a detailed development plan for Lot 53, for which a
future rezoning application and development plan will be reviewed for approval prior to
development; and
WHEREAS, the Applicant and Owners acknowledge that certain conditions and restrictions
are reasonable to ensure the development of an adequate and controlled traffic circulation
system for this development and this area of the City, and to ensure appropriate use of Lot
53 in relation to surrounding properties; and
WHEREAS, The Applicant and Owners have agreed to develop the property in accordance
with the terms and conditions of this Conditional Zoning Agreement to ensure appropriate
development of this property.
NOW, THEREFORE, in consideration of mutual promises made herein, the Parties agree as
follows:
1. The Owners are the owner and legal title holders of property located on the north side
of Rohret Road, east of Highway 218, which property is more particularly described
as follows:
The East 55 Acres of the North Half of the Southeast Quarter, all in Section 18,
Township 79 North, Range 6 West, of the Fifth Principal Meridian, Johnson
County, Iowa, Excepting Therefrom, that portion lying South and West of Interstate
No. 380, land taken by the State of Iowa as shown on the instrument recorded in
Book 658, Page 31z~, land taken by the City of Iowa City as shown on the
instrument recorded in Book 2059, at Page 97, all of the Records of the Johnson
County Recorder's Office. Said Resultant tract contains 40.7 acres, more or less,
and is subject to easements and restrictions of record.
2. Owner and applicant acknowledge that the City wishes to ensure the development of
an adequate and controlled traffic circulation system for this development and this area
of the City, and to ensure appropriate development of Lot 53 in relation to surrounding
properties. Therefore, Owner and Applicant agree to certain conditions over and above
City regulations in order to achieve an integrated street system within the
neighborhood, to help control speed on proposed Shannon Drive through its design,
and to ensure adequate public review of future development on Lot 53,
3. In consideration of the City's rezoning the subject property from RS-5 to OSA-8,
Owner and Applicant agree that development of the subject property will conform to
all of the requirements of the Sensitive Areas Ordinance and the RS-8 zone, unless
superseded by provisions of the Sensitive Areas Ordinance or specifically modified as
a result of approval of the Plan, as well as the following conditions:
a. The Plan shall serve as a basis upon which final development plans will be
prepared and reviewed. Any major deviation in the layout of the circulation
system, lot configuration, building location and configuration, or other feature
of the Plan will require a new rezoning application and approval of a new
Sensitive Areas Development Plan.
b. No development shall occur on Lot 52 until the full length of Shannon Drive and
its associated improvements are constructed between Rohret Road and the
north line of the subject property, as shown on the Plan.
c. Traffic calming techniques, similar to that shown on the Plan, shall be
incorporated into the design of Shannon Drive, subject to final design approval
by City staff.
d. No development shall occur on Lot 53 without approval of a separate rezoning
and development plan for the lot. Development on Lot 53 shall not exceed 120
units. Owners and Applicant agree that the City is not in any way obligated to
approve a specific number of dwelling units for this lot. City review of
proposed development on this lot will be based on the merits of the
development plan submitted in association with the future rezoning request.
4. The Parties acknowledge that the conditions contained herein are reasonable conditions
to impose on the land under Iowa Code §414,5 (1995) and are appropriate conditions
required to protect the public safety of both the residents in the area and the
community.
5. Owners and Applicant acknowledge that in the event the subject property is
transferred, sold, redeveloped or subdivided, all redevelopment will conform with the
terms of this 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 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.. Nothing in this Agreement shall be construed to relieve the Owners or Applicant from
complying with all applicable, local, state and federal regulations.
9. The Parties agree that the Iowa City City Clerk shall record this Conditional Zoning
Agreement in the Johnson County Recorder's Office at Owners' expense.
Dated this ~L day of 'TT~-ck , 1997,
NT
OD II ASSOCIATES CITY OF IOWA CITY, IOWA
Y e m ao , vick, Mayor
ATTEST:
, Ma'ri~a~ K. Karr, City Clerk
OWNERS
Patricia Prikl, as Attorney in Fact for Joan E. Cole, a single person, John D. Meade and
Doris Meade, husband and wife, Frederick Kasper and Katherine Kasper, husband and
wife, Wanda M. Drake, a single person, Keith Pirkl and Barbara Pirkl, husband and wife,'
and Donald Pirkl and Patricia Pirkl, husband and wife.
4
ACKNOWLEDGMENT OF WALDEN WOOD II ASSOCIATES
STATE OF,~2:~ )
) ss:
,-~'~07[COUNTY )
Notary Public in and for the Stat f ~~ , personally appeared
~e5 ~rad&f~ and , . , to me personally known, who,
being by me duly sworn, did say that they are the ~ H ~5 ~Pa~K and - --
~ , respectively, of said corporation executing the within and foregoing instrument to
which this is attached, that (no seal has been procured by the said) corporation; that said
instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said)
said corporation by authority of its Board of Directors; and that the said ~[~5
and as such officers 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 said County and State
ACKNOWLEDGMENT OF OWNERS
STATE OF IOWA )
) SS:
h~apnedr of ~ , 19 , before me, the undersigned, a
single person, John D. Meade and Doris Meade, husband and wife, Frederick Kasper and
Katherine Kasper, husband and wife, Wanda M. Drake, a single person, Keith Pirkl and Barbara
Pirkl, husband and wife, and Donald Pirkl and Patricia Pirkl, husband and wife, and
acknowledged that she executed the same as the voluntary act and deed of said Joan E. Cole,
a single person, John D. Meade and Doris Meade, husband and wife, Frederick Kasper and
Katherine Kasper, husband and wife, Wanda M. Drake, a single person, Keith Pirkl and Barbara
Pirkl and tricia Rirkl, husband and wife.
in and State of Iowa
ppdadmin~waldcza. agm
~IAM L,
City's Acknowledgement
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ~/~-- day of -TY~& ,1997, before me, .~ncl~-c,~ ~'~--F ,
a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian
K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was
~a.~ of the City Council on the y ~ day of ~ , 19~, and
that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be
their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
Notary Public in and for the State of IoWg
Prepared by: Kugler, Assoc. Planner, City of lowa City, 410 E. Washington St., Iowa City, IA 52 (319) 356-5243
CONDITIONAL ZONING AGREEMENT
This agreement is by and between the City of Iowa City, Iowa, pal Corporation
(hereinafter "the Cit~ nd Walden Wood II Associates (hereinaf "Applicant") and Joan
E. Cole, John D. and Vleade, Frederick and Katherine Kas Wanda M. Drake, Keith
and Barbara Pirkl, and ~ld and Patricia Pirkl (hereinafte collectively referred to as
"Owners").
WHEREAS, Owners are legal holders and A contract purchaser of property
located on the north side of east of Highw~ 218, legally described below; and
WHEREAS, the Applicant and ~ve requeste the City rezone approximately 40.7
acres located on the north side of Ioad, eas Highway 218, from RS-5, Low Density
Single-Family Residential, to OSA-8, Ser as Overlay/Medium Density Single-Family
Residential; and
WHEREAS, the property contains a wooc ~n combination with a stream corridor, as
defined by the City's Sensitive Areas necessitating a Sensitive Areas Overlay
rezoning and submittal of a Sensitive ,"as Plan; and
WHEREAS, the proposed rezoning allow the ~pment of up to 249 dwelling units on
the parcel, incorporating a mi of housing while avoiding development on
environmentally sensitive areas on the
WHEREAS, the Applicant with the City a 'y Plat and Sensitive Areas
Development Plan (Herein~ "Plan") in association with zoning request, revised and
submitted to the City or ~ber 18, 1996, a copy of has been attached to this
agreement as "Exhibit and incorporated herein by this and
WHEREAS, said PI~ is represented by the Applicant as being ~tative of Applicant's
intentions with re to development of the property, and shall serve a basis upon which
to review final plans, final plats, grading plans, c drawings, legal
papers, and other plans or legal documents required by the regarding the
developme the property; and
said Plan does not contain a detailed development plan for Lot 53, fo which a
futur 'ezoning application and development plan will be reviewed for approval ior to
de ~ment; and
~HE !AS, the Applicant and Owners acknowledge that certain conditions and restriction
are reasonable to ensure the development of an adequate and controlled traffic circulation
system for this development and this area of the City, and to ensure appropriate use of Lot
.... ;
53 ~n relation to surrounding properties and
March 2, 1997 Jim Strike
12 Coll Court
Iowa City, IA 52246
Dear Members of the Iowa City Council:
My name is Jim Strike and.my wife, two children, and I live at 12 Coll Court in
Walden Woods. I am writing in opposition of the rezoning of the proposed Walden Hills
development. I have intently watched the discussions of this rezoning issue and I have
one question: 'Why can this development not be done at it's current zoning allowing
140 units to be built rather than 249?' I would ask that as Council members, who are
our voice in city government, please present this question to Mr. Braverman.
I am not opposed to the development of Walden Hills, I understand the civic
economic advantages of it's location, I am looking forward to another north/south route
between Rohret and Melrose, and I welcome the continuation of our neighborhood.
However, the density of housing that is sought with this rezoning will NOT be a con-
tinuation of our neighborhood, but an abn.~pt end to it on yet another front. Must Walden
'Woods bear the brunt of yet another border of higher density housing? The Council's
argument has been that they are seeking diversity of housing. However, it appears that
the diversity of housing sought has had a consistency of location!
I would like to suggest that before your next vote, you drive our streets and get a
feel for what we, as Walden Woods residents, are fearful of. That of becoming an oasis
of single family homes surrounded by whatever higher density type of housing a
financially motivated developer feels he can push through in the name of diversification
of housing. And might I suggest on your drive, stop and look at this parcel of land, then
decide if it should support the type of high density housing that is being asked for.
I am disappointed in your previous voting on this issue and I feel that we as
homeowners have not received a fair representation in this issue. I have one final point
to make, when/if this rezoning issue passes, the developer and realtor will pocket their
additional financial windfall and move on to their next fiscally ambitious plan and
we as nearby homeowners will remain to live with the results of your decision every day.
Thank you for your attention.
._. Sincerely, _.,/./
~5-~' Jim Strike
e.~