HomeMy WebLinkAbout2004-02-05 OrdinancePrepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ03-00020)
ORDINANCE NO. 04-4110
AN ORDINANCE REZONING APPROXIMATELY 119.94 ACRES FROM INTERIM DEVELOPMENT
SINGLE-FAMILY, IDRS, AND INTERIM DEVELOPMENT MULTI-FAMILY, IDRM, TO PLANNED
DEVELOPMENT HOUSING OVERLAY - SINGLE-FAMILY RESIDENTIAL, OPDH-5, SUBJECT TO
CONDITIONS, FOR PROPERTY LOCATED SOUTH OF PEPPERWOOD ADDITION AND EAST OF
GILBERT STREET.
WHEREAS, Southgate Development has applied for a rezoning to Planned Development Housing
Overlay - Single-Family Residential, ODPH-5, for 119.94 acres of property located south of Pepperwood
Addition, east of Gilbert Street, in conjunction with an application for a Preliminary Plat and Sensitive Areas
Site Plan of Sandhill Estates, a 379-1ot residential subdivision; and
WHEREAS, the adopted South District Plan states the predominant land use in the part of the city will be
single-family residential, and one of the goals of the Comprehensive Plan is to develop neighborhoods with
smaller lots and more common open space; and
WHEREAS, the proposed Sandhill Estates plan is a single-family residential development with smaller
lots and an approximate 17 acre area of open space; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and Preliminary
Plat and has recommended approval subject to certain conditions related to access, and the appropriate
design and layout of houses on smaller lots in order to maintain a residential appearance in the
neighborhood; and
WHEREAS, Iowa Code Section 414.5 (2003) provides that the City of Iowa City, on granting an
applicant's rezoning request, may impose certain conditions over and above existing regulations in order to
satisfy public needs directly caused by the reasoning request; and
WHEREAS, the South Distdct Plan states that "as housing density increases and lot sizes are reduced,
attention will need to be paid to design issues, such as garage and driveway locations; to ensure that new
neighborhoods are attractive and livable; and
WHEREAS, the Planning and Zoning Commission has recommended a Conditional Zoning Agreement
to ensure the above-reference comprehensive plan policies are addressed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
~. Subject to the terms and conditions of the Conditional Zoning Agreement
attached hereto and incorporated herein, the property described is hereby reclassified from Interim
Development Single-Family, IDRS, and Interim Development Multi-Family, IDRM, to Planned Development
Housing Oveday-Single-Family Residential, OPDH-5:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA;
THENCE S88°23'31"W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND
GOVERNMENT LOT 4, ALL IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE
N52°43'16"W, 350.30 FEET; THENCE NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A
1040.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT
CHORD BEARS N61o45'35"W; THENCE N21o01'13"E, 56.59 FEET; THENCE N52o43'16"W,
449.64 FEET; THENCE N71o05'50"W, 158.60 FEET; THENCE N52o43'16"VV, 432.68 FEET;
THENCE N25o00'58"W, 26.81 FEET; THENCE NORTHWESTERLY 56.88 FEET, ALONG AN
ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 54.77 FOOT
CHORD BEARS N87o51'31"W; THENCE N60o42'05"W, 5.34 FEET; THENCE N01o41'35"W,
204.14 FEET; THENCE S60o42'05"E, 748.28 FEET; THENCE N17o22'29"E, 242.32 FEET;
THENCE N30o21'43"E, 38.20 FEET; THENCE N60o25'38"W, 322.36 FEET; THENCE
N48°08'37"W, 217.98 FEET; THENCE N23o34'36"W, 254.77 FEET; THENCE N01o50'58"W,
174.62 FEET; THENCE N88o09'02"E, 123.42 FEET; THENCE N03o13'36"E, 40.16 FEET;
Ordinance No. (*)4-41 lfl
Page 2
THENCE S88°09'02"W, 369.66 FEET; THENCE N01o41'35"W, 728.02 FEET, TO THE
SOUTHWEST CORNER OF LOT 206 OF PEPPERWOOD ADDITION, PART 11, ACCORDING
TO THE RECORDED PLAT THEREOF; THENCE N88o08'13"E, ALONG THE SOUTHERLY
LINE OF SAID PEPPERWOOD ADDITION - PART 11 AND ALSO ALONG THE SOUTHERLY
LINE OF PEPPERWOOD ADDITIONS - PART 7, PART 3 AND PART 2, A DISTANCE OF
1520.66 FEET TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 22; THENCE N88°
07'03"E, ALONG THE SOUTHERLY LINE OF SAID PEPPERWOOD ADDITION - PART 2, A
DISTANCE OF 280.60 FEET TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 95121
AS RECORDED IN PLAT BOOK 36 AT PAGE 81 IN SAID RECORDER'S RECORDS; THENCE
S01°02'57"E, ALONG THE WEST LINE OF SAID AUDITOR'S PARCEL, 1120.00 FEET;
THENCE N87o49'06"E, ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL, 945.00 FEET
TO THE SOUTHEAST CORNER OF SAID AUDITOR'S PARCEL; THENCE S01°03'50"E, 586.43
FEET TO THE NORTHWEST CORNER OF LOT 73, SOUTH POINTE ADDITION, PARTS 1-6
AS RECORDED IN PLAT BOOK 33 AT PAGE 312 IN SAID RECORDER'S RECORDS; THENCE
S01°06'34"E, ALONG THE WEST LINE OF SAID SOUTH POINTE ADDITION, 930.10 FEET, TO
THE SOUTHWEST CORNER OF LOT 30 OF SAID SOUTH POINTE ADDITION; THENCE
S87°45'02"W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION
23 OF SAID TOWNSHIP AND RANGE, 1243.31 FEET TO THE POINT OF BEGINNING,
CONTAINING 114.70 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA;
THENCE S88o23'31"W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND
GOVERNMENT LOT 4, ALL IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE
N52°43'16"W, 350.30 FEET; THENCE NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A
1040.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT
CHORD BEARS N61o45'35"W; THENCE N21o01'13"E, 56.59 FEET; THENCE N52o43'16"W,
449.64 FEET; THENCE N71o05'50"W, 158.60 FEET; THENCE N52o43'16"W, 432.68 FEET;
THENCE N25o00'58"W, 26.81 FEET; THENCE NORTHWESTERLY 56.88 FEET, ALONG AN
ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 54.77 FOOT
CHORD BEARS N87o51'31"W; THENCE N60o42'05"W, 5.34 FEET, TO THE POINT OF
BEGINNING; THENCE CONTINUEING N60o42'05"W, 11.46 FEET; THENCE
NORTHWESTERLY 54.62 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, WHOSE 52.76 FOOT CHORD BEARS N34o37'12"W; THENCE
N52o43'16"W, 305.56 FEET; THENCE N88o18'26"E, 212.43 FEET; THENCE S60o42'05"E, 74.23
FEET; THENCE S01o41'35"E, 204.14 FEET, TO THE SAID POINT OF BEGINNING. SAID
TRACT OF LAND CONTAINS 0.70 ACRE, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA;
THENCE S88o23'31"W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND
GOVERNMENT LOT 4, ALL IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE
N52°43'16"W, 350.30 FEET; THENCE NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A
1040.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT
CHORD BEARS N61o45'35"W; THENCE N21o01'13"E, 56.59 FEET; THENCE N52o43'16"W,
449.64 FEET; THENCE N71o05'50"W, 158.60 FEET; THENCE N52o43'16"W, 432.68 FEET;
THENCE N25o00'58"W, 26.81 FEET; THENCE NORTHWESTERLY 56.88 FEET, ALONG AN
ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 54.77 FOOT
CHORD BEARS N87o51'31"W; THENCE N60o42'05"W, 5.34 FEET; THENCE N01o41'35"W,
204.14 FEET; THENCE S60o42'05"E, 748.26 FEET; THENCE N17o22'29"E, 242.32 FEET;
THENCE N30o21'43"E, 38.20 FEET; THENCE N60o25'38"W, 322.36 FEET; THENCE
N48°08'37"W, 217.98 FEET; THENCE N23o34'36"W, 254.77 FEET; THENCE N01o50'58"W,
174.62 FEET; THENCE N88o09'02"E, 123.42 FEET; THENCE N03o13'36"E, 40.16 FEET;
THENCE S88o09'02"W, 369.66 FEET, TO THE POINT OF BEGINNING; THENCE
CONTINUEING S88o09'03"W, 68.37 FEET; THENCE N53o41'50"W, 288.80 FEET TO THE
Ordinance No. 04-4110
Page 3
SOUTHEAST CORNER Of a PLAT OF SURVEY OF A 10.0 ACRE TRACT RECORDED IN
PLAT BOOK 13 AT PAGE 61 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER;
THENCE N02o43'14"W, ALONG THE EAST LINE OF SAID TRACT, 549.60 FEET TO THE
SOUTHWEST CORNER OF LOT 184 OF PEPPERWOOD ADDITION, PART 9, ACCORDING
TO THE RECORDED PLAT THEREOF; THENCE N88o08'13"E, ALONG THE SOUTHERLY
LINE OF SAID PEPPERWOOD ADDITION - PART 9, A DISTANCE OF 305.82 FEET; THENCE
S01°41'35"E, 728.02 FEET, TO THE POINT OF BEGINNING, CONTAINING 4.54 ACRES AND
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II VARIATION,% To encourage the development of smaller lots and larger common open
space, the Sandhill Estate Planned Development contains lots with narrower frontages and smaller lot sizes
than would normally be permitted in the Iow-density single-family zone. With approval of the OPDH-5 zoning
designation and Sandhill Estates preliminary plat, these lots are deemed to be legal conforming lots.
SECTION III 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 final passage, approval, and
publication of this Ordinance as provided by law.
SECTION IV. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional
Zoning Agreement between the property owners and applicant of the Sandhill Estates properly requested for
rezoning and subdivision.
SECTION V. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this Ordinance and the Conditional Zoning Agreement and to record same in the Johnson
County Recorder's Office at the applicant's expense upon passage and approval of this Ordinance.
~. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION VII SF:VI:RA[31LITY. 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 adjudicated invalid or unconstitutional.
SECTION VIII EFFECTIVE DATE This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed~and approved this 5th dayof February ,20 04 .
TMA¢OR - t ~ ' -
Approvod by
City Attorney's Offic~
Ordinance No. 04-4110
Page 4
It was moved by 0' Donnel 1 and seconded by Vanderhoef that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
First Consideration 2/3/04
Voteforpassage: AYES: Elliott, Lehman, O'Donnell, Vande~'hoef. NAYS: t~ilbu~'n,
Bai]e.y, Champion. ABSENT: None.
Second Consideration .......................
Vote for passage:
Date published 2/13/04
Floved b.v 0'Donne]I, seconded b~/, Champion, that 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 fina]].v passed be suspended, the second consideration and vote be
waived and the ordinance be voted upon for final passage at this time. AYES: Lehman,
0'Donne]I, Vanderhoef, ~li]burn, Bailey, Champion, Elliott. NAYS: None.
ABSENT: None.
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ03-00020)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter
"City"), and SG & M Properties, LLC, (hereinafter "Owner") and Southgate Development Company, Inc
(hereinafter "Applicant"); and
WHEREAS, Owner is the legal title holder of approximately 119.94 acres of property located south of
Pepperwood Addition and east of Gilbert Street; and
WHEREAS, the Applicant and Owner have requested the rezoning of the approximately 119.94-acre
property from Interim Development Single Family, IDRS, and Interim Development Multifamily (IDRM) to
Planned Development Housing-Single Family Residential, OPDH-5, in conjunction with the Preliminary
Plat and Sensitive Areas Site Plan of Sandhill Estates, a 379-10t single family subdivision; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions
regarding access, the design of structures on narrow lots with alley access, and the front yard setback on
lots less than 60 feet wide without alley access, the proposed rezoning is in conformance with the South
District Plan, which is pad of the Comprehensive Plan; and
WHEREAS, the South District Plan states that "as housing density increases and lot sizes are
reduced, attention will need to be paid to design issues"; and
WHEREAS, Iowa Code § 414.5 (2003) 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 caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property is in general accordance with the principles of the
South District Plan and Comprehensive Plan; and
WHEREAS, Owner and Applicant agree to use this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as
follows:
1. SG & M Properties LLC is the owner and title holder and Southgate Development Company, inc.
is the applicant for a rezoning of the property legally described as follows:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S88°23'31"W
ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND GOVERNMENT LOT 4, ALL
IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE N52°43'16"W, 350.30 FEET; THENCE
NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A 1040.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT CHORD BEARS N61°45'35"W; THENCE
N21°01'13"E, 56.59 FEET; THENCE N52°43'16"W, 449.64 FEET; THENCE N71°05'50"W, 158.60
FEET; THENCE N52°43'16"W, 432.68 FEET; THENCE N25°00'58"W, 26.81 FEET; THENCE
NORTHWESTERLY 56.88 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS N87°51'31"W; THENCE N60°42'05"W,
5.34 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUEING N60°42'05"W, 11.46 FEET;
THENCE NORTHWESTERLY 54.62 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, WHOSE 52.76 FOOT CHORD BEARS N34°37'12"VV; THENCE N52°
43'16'~N, 305.56 FEET; THENCE N88°18'26"E, 212.43 FEET; THENCE S60°42'05"E, 74.23 FEET;
THENCE S01°41'35"E, 204.14 FEET, TO THE SAID POINT OF BEGINNING. SAID TRACT OF LAND
CONTAINS 0.70 ACRE, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S88°23'31"W
ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND GOVERNMENT LOT 4, ALL
IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE N52°43'16'~N, 350.30 FEET; THENCE
NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A 1040.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT CHORD BEARS N61°45'35"W; THENCE N21
°01'13"E, 56.59 FEET; THENCE N52°43'16'~N, 449.64 FEET; THENCE N71°05'50'~N, 158.60 FEET;
THENCE N52°43'16"W, 432.68 FEET; THENCE N25°00'58"W, 26.81 FEET; THENCE
2
NORTHWESTERLY 56.88 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS N87°51'31"W; THENCE N60°42'05'~N,
5.34 FEET; THENCE N01°41'35'~N, 204.14 FEET; THENCE S60°42'05"E, 748.28 FEET; THENCE N17
°22'29"E, 242.32 FEET; THENCE N30°21'43"E, 38.20 FEET; THENCE N60°25'38'~N, 322.36 FEET;
THENCE N48°08'37'~N, 217.98 FEET; THENCE N23°34'36"W, 254.77 FEET; THENCE N01°50'58'~N,
174.62 FEET; THENCE N88°09'02"E, 123.42 FEET; THENCE N03°13'36"E, 40.16 FEET; THENCE
S88°09'02'~N, 369.66 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUEiNG S88°09'03'~N,
68.37 FEET; THENCE N53°41'50'~N, 288.80 FEET TO THE SOUTHEAST CORNER OF A PLAT OF
SURVEY OF A 10.0 ACRE TRACT RECORDED IN PLAT BOOK 13 AT PAGE 61 IN THE RECORDS
OF THE JOHNSON COUNTY RECORDER; THENCE N02°43'14'~N, ALONG THE EAST LINE OF
SAID TRACT, 549.60 FEET TO THE SOUTHWEST CORNER OF LOT 184 OF PEPPERWOOD
ADDITION, PART 9, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N88°08'13"E,
ALONG THE SOUTHERLY LINE OF SAID PEPPERWOOD ADDITION - PART 9, A DISTANCE OF
305.82 FEET; THENCE S01°41'35"E, 728.02 FEET, TO THE POINT OF BEGINNING, CONTAINING
4.54 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S8823'31"W
ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND GOVERNMENT LOT 4, ALL
IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE N52°43'16'~/V, 350.30 FEET; THENCE
NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A 1040.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT CHORD BEARS N61°45'35'~N; THENCE N21
°01'13"E, 56.59 FEET; THENCE N52°43'16"W, 449.64 FEET; THENCE N71°05'50"W, 158.60 FEET;
THENCE N52°43'16"W, 432.68 FEET; THENCE N25°00'58"W, 26.81 FEET; THENCE
NORTHWESTERLY 56.88 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS N87°51'31"W; THENCE N60°42'05"W,
5.34 FEET; THENCE N01°41'35"W, 204.14 FEET; THENCE S60°42'05"E, 748.28 FEET; THENCE N17
°22'29"E, 242.32 FEET; THENCE N30°21'43"E, 38.20 FEET; THENCE N60°25'38"VV, 322,36 FEET;
THENCE N48°08'37'~N, 217.98 FEET; THENCE N23°34'36"W, 254.77 FEET; THENCE N01°50'58'~N,
174.62 FEET; THENCE N88°09'02"E, 123.42 FEET; THENCE N03°13'36"E, 40,16 FEET; THENCE
S88°09'02'~N, 369.66 FEET; THENCE N01°41'35"W, 728,02 FEET, TO THE SOUTHWEST CORNER
OF LOT 206 OF PEPPERWOOD ADDITION, PART 11, ACCORDING TO THE RECORDED PLAT
THEREOF; THENCE N88°08'13"E, ALONG THE SOUTHERLY LINE OF SAID PEPPERWOOD
ADDITION - PART 11 AND ALSO ALONG THE SOUTHERLY LINE OF PEPPERWOOD ADDITIONS -
PART 7, PART 3 AND PART 2, A DISTANCE OF 1520.66 FEET TO THE EAST ONE-QUARTER
CORNER OF SAID SECTION 22; THENCE N88°07'03"E, ALONG THE SOUTHERLY LINE OF SAID
PEPPERWOOD ADDITION - PART 2, A DISTANCE OF 280,60 FEET TO THE NORTHWEST
CORNER OF AUDITOR'S PARCEL 95121 AS RECORDED IN PLAT BOOK 36 AT PAGE 81 IN SAID
RECORDER'S RECORDS; THENCE S01002'57"E, ALONG THE WEST LINE OF SAID AUDITOR'S
PARCEL, 1120,00 FEET; THENCE N87°49'06"E, ALONG THE SOUTH LINE OF SAID AUDITOR'S
PARCEL, 945.00 FEET TO THE SOUTHEAST CORNER OF SAID AUDITOR'S PARCEL; THENCE
S01°03'50"E, 586.43 FEET TO THE NORTHWEST CORNER OF LOT 73, SOUTH POINTE
ADDITION, PARTS 1-6 AS RECORDED IN PLAT BOOK 33 AT PAGE 312 IN SAID RECORDER'S
RECORDS; THENCE S01°06'34"E, ALONG THE WEST LINE OF SAID SOUTH POINTE ADDITION,
930.10 FEET, TO THE SOUTHWEST CORNER OF LOT 30 OF SAID SOUTH POINTE ADDITION;
THENCE S87°45'02"W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF
SECTION 23 OF SAID TOWNSHIP AND RANGE, 1243.31 FEET TO THE POINT OF BEGINNING,
CONTAINING 114.70 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential
development that generally conforms to the principles of the Comprehensive Plan and South District
Plan. Further, the parties acknowledge that Iowa Code § 414.5 (2003) 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 caused by the requested change, including
provisions for adequate infrastructure necessary to suppod urban development. Therefore, Owner
and Applicant agree to certain conditions over and above City regulations as detailed below.
3
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that
development of the subject property will conform to all other requirements of the zoning chapter, as
well as the following conditions:
A. A separate left-turn lane on Gilbert Street for southbound to eastbound traffic must be
constructed before more than 25 units are constructed. This can be added to the existing
roadway as a temporary feature, or can be constructed as part of the permanent improvements
including a four-lane PCC roadway with left-turn lane.
B. Vehicular access to lots 161-204, 304-330 shall be from the alley.
C. The design of the homes on lots 161-204, 304-330 shall be subject to Planning and Zoning
Commission approval, along with the final plat, according to the following criteria:
i. A variety of fagades and variation on rooflines, such as the use of gable and hip roofs, to
minimize a "cookie cutter" appearance and a different fagade at least every third unit is
required.
ii. The sidewalls of lots 161,177, 178, 190, 191,204,304, 316, 317,and 330 that face the
street, should include elements of the front facade, such as windows and fenestration,
doorways, trim and moulding, and roofline. It is not contemplated that porches will be
required to wrap around to the side of the dwelling.
iii. Front porches that are at least six feet in depth shall be included.
iv. Slightly staggered footprints, also to avoid a monotonous appearance are required.
v. Ten feet between buildings to meet normal setback requirements between buildings is
required, and to allow for eaves or overhangs at the side of buildings.
vi. Planning and Zoning Commission review of the building elevations and footprints as a
condition of approval of the final plat is required.
D. For lots less than 60 feet in lot width with no alley access, the front yard setback shall be 25
feet.
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 (2003), 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, and shall remain in full force and effect
as a covenant with title to the land, unless or until released 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,
4
this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's
expense.
February
Dated this 5th day of ,x~C~let~, 2004.
SG & M PROPERTIES CITY OF IOWA CITY
~ident/'.' an,Mayor
Myl~'~~n, ~resident
%,.,.t~,,,,.,,,~.~.,*~ Attest:
Mada)'rK. Kart, City Clerk
Approved by:
City-Atto~n~y'~ Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY
On this o~/O'~j~ day of January, 200'4, before me, the undersigned, a Notary Public in and for said County,
in said State, personally appeared Myles N. Braverman, President of Southgate Development Company,
Inc., to me personally known, who by me being duly sworn, did say that that corporation is the Manager of
said limited liability company, and that said instrument was signed on behalf of said limited liability company
by authority of it's Members and the said Manager acknowledged the execution of said instrument to be the
voluntary act and deed of said limited liability company by it voluntarily executed; and Myles N. Braverman,
did say that he is the President, of the corporation executing the within and foregoing instrument to which this
is attached, that the seal affixed thereto is the seal of the corporation; that the instrument was signed and
sealed on behalf of the corporation by authority of its Board of Directors; and that Myles N. Braverman as
President acknowledged the execution of the foregoing instrument to the voluntary act and deed of the
corporation, by it and by him voluntarily executed. /,.~.~,~./~,~ c_~. ,//~~
Nota~ Public in and for said State
~RE~ L M~R~ I
IC~ Num~ 1~1
STATE OF iOWA ) ~'1 MyC~oO~
)ss: ~ I //* ZV.o~
JOHNSON COUNTY
On this ~ day of January, 2004, before me, the undersigned, a Notary Public in and for said County,
in said State, personally appeared Myles N. Braverman, to me personally known, who being by me duly
sworn, did say that he is the President of the corporation executing the within and foregoing instrument to
which this is aEached, that the seal affixed thereto is the seal of the corporation; that the instrument was
signed and sealed on behalf of the corporation by authority of its Board of Directors; and that Myles N.
Braverman, as President acknowledged the execution of the foregoing instrument to the volunta~ act and
deed of the corporation, by it and by him voluntarily executed.
No~y Public in and for said State
STATE OF IOWA ) J~) ~RESAL. M~ROW
On this ~ 4~ day of [~Ou~ , ~.D. 2004, bofore mo, the undorsi~nod,
nota~ pu~l~c in and [or the State o~ Iowa, po~onally appoamd Ernost W. Lehman and Marian K. Kart, to mo
parsonally known, who boin~ by mo duly sworn, did say that thoy ar~ tho Mayor and City
of said ~unicipal corporation executino tho within and fom~oin~ instrumont; that tho
tho seal o[ said municipal corporation; that said instrumont wa~ si~ned and soal~d on bohalf of said
municipal corporation ~y authod~ o[ it~ City Council; and that tho said Mayor and City Glork as such officers
acknowledged that tho execution of said instrument to ~ the voluntary act an0 deed of said corporation,
and bg thom voluntarily
ICommi~ion Numar 1~1B
~ ~- ~- o~ I Nota~ Public in and for the State of Iowa
My commission expires:
ppdadmlagt/CZA REZ03-00020(2) doc
Marian Karr
From: Steven Nelson [steven-nelson@uiowa.edu]
Sent: Wednesday, February 04, 2004 12:59 PM
To: cou ncil@iowa-city.org
Cc: opinion@press-citizen.corn
Subject: Sandhill Estates
Thank you to Councilors Bailey, Champion, and Wilburn for their
col~nitment and vote Feb 3, 2004 to support the South District Plan and
City Comprehensive Plan in the rezoning request for Sandhill Estates.
Failure of the majority of council to uphold the plans is a serious
breach of co~nunity trust. I ask for their continued support of the
plans in the second and third readings of the rezoning for Sandhill
Estates.
Sandhill Estates at one point was promoted as a conservation
subdivision, but without design standards it is not a conservation
subdivision - just a high density housing area. The whole will be less
than the sum of its parts as incongruous as that sounds.
High density subdivisions will not be welcomed as the future of Iowa
City just as the scourge of future Iowa City. Adherence to the District
and Comprehensive plans could have deterred this unfortunate change in
the future of the South District.
It is not too late to salvage conservation subdivision designs in Iowa
City, but the council must follow through with a con~itment to the
district and comprehensive plans. Failure to do so in this instance is
a bad omen, and sends a frightening message to the community of an
arrogant, non-law abiding council, controlled by special-interest
groups, with no vision for future growth in Iowa City.
Steven Nelson
1033 Sandusky Dr
Iowa City, IA 52240
319-354 1'762 (eve) 319-356-7202(day)
stevennelson2@mchsi.com
steven-nelson@uiowa.edu