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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