HomeMy WebLinkAbout1998-01-13 OrdinancePrepared by: Melody Rockwell, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO. 98-3821
ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE
REGULATIONS OF A FIVE-ACRE TRACT OF
LAND LOCATED AT 3151 HIGHWAY 6 EAST
FROM COUNTY A1, RURAL (2.59 ACRES) AND
RR-1, RURAL RESIDENTIAL (2.41 ACRES) TO
RM-20, MEDIUM DENSITY MULTI-FAMILY
RESIDENTIAL
WHEREAS, Iowa City Lodge, Number 1096,
Loyal Order of Moose, Inc., owner of a five-acre
tract located south of Highway 6 and east of Heinz
Road, has requested the annexation and rezoning
of the south 2.59 acres of the five-acre tract from
County A1. Rural, to RM-20, Medium Density
Multi-Family Residential, and the rezoning of the
north 2.41 acres of the property from RR-1, Rural
Residential to RM-20; and
WHEREAS, the requested zoning change to
RM-20 is consistent with the zoning designated on
the adjacent property in the corporate limits
immediately west of the five-acre tract; and
WHEREAS, a club, such as a Moose Lodge,
is allowed to be established by special exception
within a RM-20 zone; and
WHEREAS, Iowa Code Section 414.5 (1997)
provides that the City may impose reasonable
conditions on granting an applicant's rezoning
request, over and above existing regulations, to
satisfy public needs directly caused by the
requested change; and
WHEREAS, the owner acknowledges that
certain conditions and restrictions are reasonable
to ensure appropriate development of a club
within a residential zone; and
WHEREAS, the owner has agreed to develop
this property in accordance with the terms and
conditions of a Conditional Zoning Agreement to
ensure appropriate development of a club that is
compatible in a residential zone.
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 cond'~ons of a conditional zoning agreement
for the subject five-acre property, attached hereto
and incorporated by reference herein, the 2.59
acre portion of the five-acre tract being annexed
into the City and described below, is hereby
reclassified from its present classification of
Ordinance No. 98-3821
Page 2
County A1, Rural, to RM-20, Medium Density
Multi-Family Residential:
Commencing at the Southeast comer of
the Southeast quarter of Section 24,
Township 79 North, Range 6 West of the
Fifth Principal Meridian; Thence
S88°23~1'W, along the South line of said
Southeast quarter, 1977.38 feet; Thence
N00° 17'37"E, along the Southerly
projection of the East line of Lot 2, of
Saddlebrook Addition Part 1, in
accordance with the plat thereof, recorded
in Plat Book 37, at Page 94, of the
Records of the Johnson County
Recorder's Office, and said East line,
407.91 feet to the Point of Beginning;
Thence N00°17'37"E, 376.31 feet; Thence
S89°42'23'E, 300.00 feet; Thence
S00°17'37"W, 376.31 feet; Thence
N89°42'23"W, 300.00 feet to the Point of
Beginning. Said tract of land contains 2.59
acres more or less and is subject to
easements and restrictions of record.
Also subject to the terms and conditions of the
Conditional Zoning Agreement for the subject five-
acre property, attached hereto and incorporated
by reference herein, the 2.41 acre north portion of
the five-acre tract that was annexed into the City
in 1980 and described below is hereby
reclassified from its present classification of RR-1,
Rural Residential, to RM-20, Medium Density
Multi-Family Residential:
Commencing at the Southeast comer of
the Southeast quarter of Section 24,
Township 79 North, Range 6 West of the
Fifth Principal Meridian; Thence
S88°23'21"W, along the South line of
said Southeast quarter, 1977.38 feet;
Thence N00° 17'37"E, along the
Southerly projection of the East line of
Lot 2, of Saddlebrook Addition - Part 1,
in accordance with the plat thereof,
recorded in Plat Book 37, at Page 94, of
the Records of the Johnson County
Recorder's Office, and said East line,
784.22 feet to the Point of Beginning;
Thence continuing N00°17'37"E along
said East line, 431.63 feet to the
Northeast comer of said Lot 2 and a
point on the Southerly Right-of-Way line,
of U.S. Highway No. 6; Thence
S61°03'35"E, along said Right-of-Way
line 341.84 feet; Thence S00°17'37"W,
267.75 feet; Thence N89°42'23"W,
300.00 feet to said Point of Beginning.
Said tract contains 2.41 acres and is
Ordinance No. 98-3821
Page 3
subject to easements and restrictions of
record.
SI=CTION II. 70NING 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 this
ordinance as provided by law.
SI::CTION III. CONDITIONAL 70NING
AGREFM!=NT. Following final passage and
approval of this Ordinance, the Mayor is hereby
authorized to sign, and the City Clerk to attest, the
Conditional Zoning Agreement between the
properly owners and the City.
SI=CTION IV. CFRTIFICATION AND
RFCORDING. Upon passage and approval of this
Ordinance, and after execution of the Cond'ffional
Zoning Agreement, the City Clerk is hereby
authorized and directed to certify a copy of this
Ordinance and Conditional Zoning Agreement for
recordation in the Office of the Recorder, Johnson
County, Iowa, at the property owner's expense, all
as provided by law.
SECTION V. REPEALFR. All ordinances and
parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SI=CTION 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 13th d/a~ of
,laru~a"~ ,19 qR .
~Ci~ A~e~s~ /2_-~~
Ordinance No. 98-3821
Page 4
It was moved by Thornberry and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Nodon
O'Donnell
Thomberry
Vande~oef
Vanderhoef that the
First Consideration
Vote for passage:AYES:
Vanderhoef. NAYS: None.
Kubby, Lehman, Norton,Novick, Thornberry,
ABSENT: Baker
Second Consideration
Vote for passage:
Date published
1/21/9R
Moved by Thornberry, seconded by O'Donnell, thath the rule requiring
ordinances to be considered and voted 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: Lehman, Norton,
O'Donnell, Thornberry, Vanderhoef, Champion, Kubby. NAYS: None.
ABSENT: None.
Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal
corporation (hereinafter 'the City"), and the Iowa City Lodge, Number 1096, Loyal Order of
Moose, Inc. (hereinafter referred to as "the Owner").
WHEREAS, the Owner has requested the City to annex and fezone 2.59 acres of property
located south of Highway 6 and east of Heinz Road from the County designation of A1, Rural, to
RM-20, Medium Density Multi-Family Residential, and to rezone 2.41 acres of property located
immediately north of and adjacent to the annexation area from RR-1, Rural Residential, to RM-
20; and
WHEREAS, Iowa Code Section 414.5 (1997) provides that the City of Iowa City may impose
reasonable conditions on granting the Owner's rezoning request, over and above existing
regulations, in order to satisfy public needs directly caused by the requested change; and
WHEREAS, a club, such as a Moose Lodge, is allowed to be established by special exception
within a RM-20 zone; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are appropriate to
ensure compatible development of a club within a residential zone; and
WHEREAS, the Owner has agreed to develop the property in accordance with the terms and
conditions of this Conditional Zoning Agreement to ensure appropriate development of a club on
this property that is compatible within a residential zone.
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES MADE HEREIN, THE
PARTIES AGREE AS FOLLOWS:
The Owner is the owner and legal title holder of the five-acre property located south of
Highway 6 and east of Heinz Road, which is known as M. L. Subdivision, and is legally
described as follows:
Commencing at the Southeast Comer of the Southeast Quarter of Section 24,
Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence
S88°23'21"W, along the South Line of said Southeast Quarter, 1977.38 feet;
Thence N00°17'37"E, along the Southerly Projection of the East Line of Lot 2, of
Saddlebrook Addition -- Part 1, in accordance with the Plat thereof, Recorded in
Plat Book 37, at page 94, of the Records of the Johnson County Recorders office,
and said East Line, 407.91 feet, to the Point of Beginning; Thence continuing
N00°17'37"E, 807.94 feet, to the Northeast Comer of said Lot 1, and a Point on
the Southwesterly Right-of-Way Line of U.S. Highway No. 6; Thence
S61°03'35"E, along said Right-of-Way Line, 341.84 feet; Thence S00°17'37"W,
644.06 feet; Thence N89°42'23"W, 300.00 feet, to the Point of Beginning. Said
Tract of Land contains 5.00 acres, more or less, and is subject to easements and
restrictions of record.
The Owner acknowledges that the City wishes to ensure that the establishment of a club
on the subject property is compatible within a developing residential area of Iowa City.
In consideration of the City' rezoning the subject property from County A1 (2.59 acres) and
RR-1 (2.41 acres) to RM-20, the Owner agrees that development and use of the subject
five-acre property will conform to all requirements of the RM-20 zone as well as the
following conditions:
ao
The Owner entering into an agreement with the City to abandon the force main
connection to the Heinz Road manhole, and construct a gravity sanitary sewer
connection to the Scott Boulevard Trunk Sewer following completion of the Scott
Boulevard Trunk Sewer and within twelve months of the development of the
intervening land between the trunk sewer and the subject property. The Owner will
also agree to provide pre-treatment should the temporary line to Heinz Road
become septic, as determined by the City of Iowa City. The Owner will obtain
appropriate permits from the Iowa Department of Transportation and the City of
Iowa City for use of right-of-way to route the temporary force main through the
Highway 6 and Heinz Road rights-of-way.
Through the execution of a separate Developer's Agreement, the Owner agrees to
pay water main extension fees and sanitary sewer tap-on fees, as required, and
will dedicate a 20-foot wide sidewalk and utility easement along the Highway 6
right-of-way line, and will pay monies equivalent to the cost of constructing a four-
foot wide sidewalk, as an eight-foot wide sidewalk will be constructed by the City in
the future when the sidewalk is extended to the subject property line from the west.
The Owner will obtain the required access permit from the Iowa Department of
Transportation and a curb cut permit from the City of Iowa City pdor to constructing
the common access drive off Highway 6. The owner will provide an executed copy
of a common access easement agreement, with the City party to the agreement, to
ensure that said access may be maintained in perpetuity, if necessary.
During site plan review, the Owner will provide a lighting plan and planting plan as
well as building elevations which shall be submitted to the Director of Planning and
Community Development for approval prior to the issuance of any building permit
for the subject property. Decisions of the Director may be appealed to the City
Council after review and recommendation by the Planning and Zoning
Commission.
eo
The additional regulations for clubs, as specified in City Code subsection
14-6L-1E, will apply to any club located on this property under the requested
RM-20 zoning.
The parties acknowledge that the conditions contained herein are reasonable conditions to
impose on the land under Iowa Code Section 414.5 (1997) and are appropriate conditions
required to ensure an acceptable infrastructure and compatible development in this
developing residential area of the community.
The Owner acknowledges that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform to the terms of this Agreement.
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. Parties further acknowledge that this Agreement shall inure to the benefit of
and bind all successors, representatives, and assigns of the parties. Further, the parties
agree and acknowledge that no pdvate agreement to the contrary shall relieve the property
of the above covenants and obligations, and that any amendment or release of the above
conditions and obligations shall necessarily require the participation of the City.
Nothing in this Agreement shall be construed to relieve the Owner from complying with all
applicable local, State, and Federal regulations.
The parties agree that the Iowa City City Clerk shall record this Conditional Zoning
Agreement in the Johnson County Recorder's Office at the Owner's expense.
Dated this 13th day of January ,199~.
OWNER
CITY OF IOWA CITY
William D. K~neT, President
Ernest 14. L-ehhra~Mayor
Attest:
Keith Garling, Sec:~,,.,/e~ary
K. Karr. City Clerk
Approved by: ~,~~-'3
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this I..5' day of J~ ·.,,,,~,,,.&44.. , A.D. 19 ':) '7, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared William D.~,.K'lime and
Keith Gading, to me personally known, who, being by me duly swom, did say that they are the
President and Secretary, respectively, of said Iowa City Lodge, Number 1096, Loyal Order of
Moose, Inc. 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 corporation by authority of its Board of
Directors; and that the said President and 'Secretary as such officers acknowledged the execution
of said instrument to be the volunlary act and deed o; said corporation, by it and by them
voluntarily executed.
Notary Public in and for said County and State
'~1~ MAXINE SIMMONS
IdY COI, liGSSBII FJU'ilES
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /_~ ~4 day of ' A,:~'~-,,..~ ,-~ , 19 -~ ? , before me,
_.~-.,~ ~,~,-,,~ ~',- ~--t~ , a Notary Public in and for the State of Iowa,
personally appearedE¥'nest I~.Leh.-'..an and Marian K. Karr, to me personally known, and, who,
being by me duly swom, 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 signed and sealed on behalf of the corporation, by
authority of its City Council, as contained in Ordinance No. -9 ~-- 3 ~. =; I passed by the City
Coundl, on the /.-3 *'~ day of '~c~.,~,~ , 19 9~ , and that Ernest ~1.
Lehman and Madan K. Karr acknowledged the execMion 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 Iowa
r~j (~'c,~n-~: 5~,~ ~-~,p. r~.~. -~ 7-
L 0 YAL ORDER OF MOOSE
KEITH GARLING. .~ECRE~ARY iOWA CI'I"Y LODGE NO. 10~6P. O. BOX 26950 DO~E.q ~T. IOWA CITY. IA 52244 (319~ 356-6921
October 23, 1997
Mayor Naomi Novick & Members of City Council
410 East Washington Street
Iowa City, Iowa 52240
Re: ANN97-0{t03/REZ97-0017
Moose Lodge ~1096
Dear Mayor Novick & Members of City Council,
We understand that we can request a quicker approval of this
rezoning application by multiple readings of the rezoning
applications at City Council meetings.
Please consider multiple readings for this application so
that we may expedite our building permit application for
this development. If you have any questions concerning this
request, please contact us accordingly.
Sincerely,
Maxine Simmons
Construction Chairman
cc. Ralph Neuzil
Dennis Keitel