HomeMy WebLinkAbout1996-01-30 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p.m. on the 16th day of January,
1~)96, in the Civic Center Council Chambers,
410 E. Washington Street, iowa City, Iowa; at
which hearing the Council will consider:
1. An ordinance amending the Zoning
Chapter by changing the use regula-
tions for a .5 acre property located at
840 Cross Park Avenue from CO-1,
Commercial Office, to CC-2, Communi-
ty Commercial.
An ordinance amending the Zoning
Chapter by changing the use regula-
tions of an approximate .3 acre proper-
ty located at 1500 Sycamore Street
from RS-5, Low Density Single-Family
Residential, to CO-1, Office Commer-
cial.
3. An ordinance amending Title 14, Chap-
ter 6, entitled "Zoning," Article D,
entitled "Residential Zones," Section 5,
entitled "Neighborhood Conservation
Residential Zone (RNC-12}," to clarify
the number of roomers permitted in
duplex units in the RNC-12 zone.
Copies of the proposed ordinances are on file
for public examination in the office of the City
Clerk, Civic Center, Iowa City, Iowa. Persons
wishing to make their views known for Council
consideration are encouraged to appear at the
above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
January28,1996
Iowa City City Council
Civic Center
410 E. Washington St.
Iowa City, IA 52240
Dear Council Members:
Imagine that you're at home. Look out your front window What do you see across the street? If
you live on a residential street, I'll wager you don't see a "non-home." Well every time I look out
my front window, I do see a "non-home."
When I moved in, Lutheran Social Service (LSS) was across the street and their presence seemed
innocuous. They have been good neighbors. Now the property is to be sold. What should go
into this residential lot? A residence? Well the building itself precludes its use as an actual
home. Since LSS is a church organization and the residential zomng allows churches, another
church could buy the property, or it could conceivably be sold as a residence. However, if you or
I bought it, we would have to completely remodel the building from top to bottom in order !o
tum it into a home.
Realizing this, a request was made to the city to rezone the property to CO-I in order to facilitate
its sale. Well I object to having a CO-1 across my residential street, and I think you would too.
As you look out your front window and imagine a "non-house" across your residential street,
would you like to see a nursing home? a restaurant? a hospital? Kinkos? a pharmacy? a drive-in
bank? a school? a funeral home? The CO-1 zoning opens up the possibility of all these and
more. Therefore, I told Planning and Zoning (P&Z) what I thought: NO CO-1 across my
residential street from me. I and several of my neighbors filed a formal objection with the city,
and P&Z agreed with us last month.
Now what happens? The prospective CO-I buyer comes to the neighborhood and says, "How
about we do something innovative which would allow us to purchase the property and also
restrict its use for the future." My neighbors and I were at least willing to listen to what they had
to say - you might say we were being neighborly.
We also found out that a second prospective buyer for the property is a church - which is allowed
under the current RS-5 zoning. So, here is the neighborhood dilemma: do we stick to our guns
and say no CO- 1 and let the church group move in, or do we accept a covenant which would
severely restrict future options for the property in question? In either case we cannot have a
house across the street - our I st choice.
Although I recognize that the city council attempts to make decisions which are beneficial to the
entire city, and P&Z assists in recommending appropriate zoning which balances all land-use
questions, my priorities for our neighborhood are the following:
1) Safety'. my son was hit by a car on Sycamore in 1990. We want a SAFE
neighborhood for all the children in the neighborhood, which means limiting, in any way
possible, the amount of vehicular traffic. A church will cause an increase in vehicular
traffic in my neighborhood. There are no other RS.5 restrictions on what they can do
with the building or property.
2) Land use - should this property, which is on a residential street, be spot-zoned? or
zoned for a particular individual? rm sure you know by now what P&Z's opinion is.
From my perspective, I don't warn to see the land used for almost all the CO-1 uses
permitted. It isn't right for a residential neighborhood. However, a chumh could expand
dramatically within the RS-5 provisions. So could a business. Houses, once built, don't
tend to expand too much. Therefore a house would be my first choice for an appropriate
land use for this property.
3) Property values - do you think your property values would change if the building
cross the street became a nursing home? Could you park your car in front of your house
in that situation?
Weighing these three priorities against the pending sale of the property as a "non-home," there
are only two choices: a church or a covenant with severe restrictions for an office building. I'd
rather see a house on the property, but that's not possible with this sale. It seems to me that an
office building with severe restrictions on its future use and restrictions on use of the land, offers
the most in terms of safety, land use, and property values. For these reasons I have signed the
covenant.
I hope you can appreciate how concerned we are. I hope you can appreciate how confusing this
situation has been for the neighborhood. Based upon the information available to me, and under
the present cimumstances, my choice is to see a covenant emplaced which would restrict future
uses of the property.
Sincerely,
Paul VanDorpe
1802 DeForest
Iowa City, IA 52240
319/338-5095
3
Dated this
day of , 1996.
SOCIAL SERVICES CITY IOWA CITY
By
Patricia Geissel,
By:
~ctor N
J. Novick, Mayor
COMMUNITY C£
TED CHILD CARE
)irector
Atte,,
Marian K. Karr, City Clerk
by
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of
, a Nora
appeared Naomi J. Novick and Maria
me duly sworn, did sav that they a~
Iowa City, Iowa; that the seal affixE
corporation, and that the
authority of its City Council,
by the City Council, on the
Naomi J. Novick and Marian K.
voluntary act and deed and
executed.
WaS S~
day of
rr acknowled
voluntary act and
,1 9 , before me,
~blic in and for the State of Iowa, personally
'r, to me personally known, and, who, being by
and City Clerk, respectively, of the City of
instrument is the corporate seal of the
and sealed on behalf of the corporation, by
(Resolution) No. passed
· 19 ,and that
~ execution of the instrument to be their
eed of the corporation, by it voluntarily
Notary Public ~ for the State of Iowa
Restrictive Covenants
These covenants are declared by The Community Coordinated Child Care (4C's) committee for Johnson County,
an Iowa nonprofit corporation providing social services in Johnson County (hereinafter called 4C's) and are
approved by the undersigned residential neighbors of the commemial site to be acquired by 4C's as described in
this agreement. The parties state as a factual background for these covenants as follows:
1. 4C's has entered into a purchase agreement with Lutheran Social Service to buy the real estate located
at 1500 Sycamore, more particularly described on Exhibit I to these covenants. The restrictions declared in these
covenants shall apply to that real estate on the terms and conditions herein expressed.
2. The current zoning applicable to the above-described real estate is RS-5, which designation would
prohibit 4C's intended use of the property as administrative offices.
3. That 4C's has applied for re-zoning of said parcel to CO-I.
4. That certain of the residential property owners in the neighborhood of said real estate have expressed
formal and informal objections to the re-zoning.
5. 4C's wishes to accommodate the neighbors' interests to impose such restrictions as would speak to the
neighbors' yet assure 4C's intended use of the property.
Accordingly, 4C's, in consideration of the withdrawal of objections by the undersigned neighbors to the
re-zoning, which withdrawals are given in reliance upon the execution of these covenants, hereby declares the
following restrictions to be applicable to the real estate described on Exhibit I to these covenants:
1. AREA BENEFITED. The restrictions declared by this document shall inure to the benefit of and
shall be enforceable by the current and future owners of the parcel within the area depicted on the graphic
attached to these covenants as Exhibit 2. A list of the legal descriptions of the benefited lots appear on Exhibit 3
to these covenants.
2. DURATION OF RESTRICTION. 4C's states that these covenants shall restrict the use of the real
estate described on Exhibit 1 in perpetuity and shall bind the current and future owners of such real estate. These
covenants shall be deemed to automatically renew each twenty years unless revoked by the consent of all ofthe
residential owners within the area depicted on Exhibit 2 to these covenants.
3. MANNER OF ALTERATION OR REVOCATION. These covenants shall not be revoked or
altered except by the consent of all of the residential owners of the properties located within the area designated
on Exhibit 2 to this agreement.
4. RESTRICTIONS PURSUANT TO STAFF RECOMMENDATION. 4C's hereby declares that it
voluntarily imposes the restrictions recommended by city planning staff to the planning and zoning commission
by written recommendation bearing date of November 16, 1995. Specifically, the restrictions involved state that:
A. No vehicular access shall be permitted to the subject tract from Deforest Avenue.
B. No parking or access drives shall be permitted north of any building on the site.
C. Future building additions or new structures shall not be located any closer to
Deforest Avenue than the current structure.
D. The existing landscape screening along the east property line shall be retained
(subject to the possibility that the existing hedge is owned by the neighbor to
the east, in which 4C's would not be able to make this res~ction).
5. RESTRICTION ON THE SIZE OF ADDITIONS. 4C's hereby declares that no addition to the
existing structure shall increase the total floor area of the current building by more than 10%.
6. RESTRICTION OF THE SIZE OF A REPLACEMENT STRUCTURE. 4C's hereby states that in
the event of partial or total destruction of the existing structure that the total floor area of the replacement
structure shall not exceed the total floor area of the original structure any more than 10%.
7. RESTRICTION ON INCREASE IN THE SIZE OF THE PAVED PORTION OF THE
PARKING LOT. 4C's hereby declares that the total paved area of the parking lot shall not increase by more
than 10%.
8. RESTRICTION ON MIXED RESIDENTIAL AND COMMERCIAL USES. Notwithstanding
any current or future zoning permission, 4C's hereby states that no mixed residential and commercial uses will be
simultaneously made of the existing or any replacement structure. It is expressly understood that this restriction
does not prohibit the use of the tract in question as a single-family residence.
9. RESTRICTION ON RETAIL USE. Notwithstanding any cun'ent or future zoning permission, 4C's
hereby states that the real estate described on Exhibit 1 shall not be used as a retail establishment as currently
defined by Section 14-6B-2 of the code of ordinances of the City of Iowa City.
10. RESTRICTIONS ON COMMERCIAL USES. Notwithstanding any current or future zoning
permission, 4C's hereby states that the real estate described on Exhibit 1 shall not be used as non-retail
commercial uses described by section 14-6E-1 of the code of ordinances of the City of Iowa City, thereby
restricting clubs, hospitals, meeting halls, nursing homes, and/or small animal clinics.
11. RESTRICTIONS ON PROVISIONAL USES AND SPECIAL EXCEPTIONS. Notwithstanding
any current or future zoning permission, 4C's hereby states that the real estate described on Exhibit I shall not be
used for any of the stated allowable uses listed under Provisional Uses and Special Exceptions as described by
Section 14-6E-1 of the code of ordinances of the City of Iowa City.
12. RESTRICTIONS ON SIGNAGE. Notwithstanding any other permissible uses under the
ordinances of Iowa City, 4C's hereby declares that the only sign to be affixed to the building currently located on
the structure or as may be added to or replaced, shall be a single unlighted wall sign sized as provided in the sign
provisions of the ordinances of Iowa City.
13. RESTRICTIONS ON LIGHTING. All lighting on the subject lot shall currently conform to the
requirements of Section 14-6s-8 of the code of ordinances of Iowa City.
14. RESTRICTIONS ON FENCING. Any fencing to be installed on the subject lot shall conform to
the requirements of Section 14-6P-2 of the code of ordinances of Iowa City as if the subject lot was located in an
"R" zone. No additional metal fencing shall be used.
15. EFFECTIVE DATE OF RESTRICTIONS. These restrictions shall be effective upon the
recordation of the conveyance document to 4C's. If for any reason 4C's does not
2
State of Iowa
County of Johnson
No~ary Public i~nd for the State of Iowa, personally appea~ed
~:.~et ~r~I~o~n,~ who ~e~ng Dy me ~u~y sworn, acknowledged that they executed
'~"~~=~tary act and deed.
,notary public in and for said state
SIONATURE$ OF RESIDENTIAL NEIGHBORS
(Print Names Under Signatures)
Date Name
, ~. '.1% ,, ~ l~
~"~"" ~ ~.~,,~-~.~,.
Address
take title, the provisions of these restrictive covenants shall be of no force and
effect.
The ?~o,~uni ated Child care (4c's) committee for Johnson County, Iowa, by:
State of Iowa
ss:
County of Johnson
On this .~J day of ~-~j~ ~ , 1996, before me, the_~ndersigned, a~
Notary Public in and for the State of.%owa, personally appeared
and ..... , to me personally known, who being by me duly sworn, did
say that they are the President and Secretary of The community Coordinated child Care
(4C's} committee for Johnson County, an Iowa nonprofit corporation, and that the
instrument was signed on behalf of the corporation by authority of the directors and
the said President and Secretary acknowledged the execution of the instrument to be
the voluntary act and deed of the corporation by it and by them voluntarily executed.
State of Iowa
County of Johnsor~
Signed and sworn be~)re me by
N~ P~bll~' /' "
I '~' I MAGGIE ELLIOTI'
115091
· My C omm,~,sion Expires
Scptemue~ 22, lgg8
Lot 7 and Lot 8, Marion's Subdivision Part Two, Johnson County,
Iowa City, Iowa, according to the recorded plat thereof, excepting
therefrom beginning at a point 61.61' easterly along the southern
boundary line of Lot 7, thence 38.3' northeasterly along the
southeast boundary line to the most easterly corner of Lot 7,
thence 126.1' northwesterly along the northeast boundary line to
the northeast corner of Lot 7, thence 15' southwesterly along the
northwest boundary line of Lot 7, thence southeaeterly to the
place of beginning, all in Marion's Subdivision Part 2, Iowa City,
Iowa.
EXHXBIT 1
LOCATION MAP
~EZ~,,~-0OI5
RS-~ TO CO-I
z F~ENDL¥
HIGH~D
AV~
H IIIIH IIII I11 I I-1 Ih %1
G ~T
x ~ -
IIII ITITI 1-17::t
SITE LOCATION
U.S. NWy. 6
$TA'~ON
Exhibit 2
Legal Descriptions of Lots Benefitted by Restrictive Covenants of 4c's
Lots 1 through 12, inclusive, of Marion's Subdivision, Iowa City, Iowa,
according to the plat thereof recorded in Book 5, Page 54, Plat Records of Johnson
County, Iowa.
Lots I through 8, inclusive, Marion's Subdivision Part Two, Iowa City, Iowa,
according to the plat thereof recorded in Book 6, Page 20, Plat Records of Johnson
County, Iowa.
Lot 70, and Lots 79 through 88, both inclusive, of Block 5, Third Highland
Development Addition to Iowa City, Iowa, according to the plat thereof recorded in
Book 4, Page 314, Plat Records of Johnson County, Iowa.
Lots I through 6, inclusive, and Lots 22 through 29, both inclusive of Mark
Twain Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 5,
Page 7, Plat Records of Johnson County, Iowa.
All that part of the southwest quarter of the southwest quarter of Section 14,
Township 79 North, Range 6 West of the 5th P.M. bounded on the west by the east line
of Sycamore Street on the northeast by the southwest line of lower Muscatine Road and
on the southeast by the northwesterly lines of Lots 5 and 6 in Marion's Subdivision.
Exhibit 3