HomeMy WebLinkAbout1998-04-07 OrdinancePrepared by' Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 52240; 319/356-5251
ORDINANCE NO.
ORDINANCE CONDITIONALLY CHANGING
ZONING DESIGNATION ON A 4.46 ACRE TF
LOCATED AT 500 FOSTER ROAD FROM II
DEVELOPMENT SINGLE-FAMILY RESlDENTIi
TO SENSITIVE AREAS OVERLAY-8 ((
PERMIT 35 DWELLING UNITS AND AI
PRELIMINARY SENSITIVE AREAS
PLAN.
(IDRS)
TO
A
WHEREAS, Norwood C. Louis
',~ as property owners, and H&(
)urchasers, hereinafter collecti'
a
to rezone the 4.46
development of tl
~g development of 3
unit multi-famil'
and an existin
the
develo
eight
Com~
WHEREAS, 1
Sensitive Areas
; and
and Betty Louis,
LLC, as contract
"Applicant", have
parcel to OSA-8 to
tract for a planned
dwelling units, including
residential building, five
lie-family residence; and
of the proposed
with the density of two to
nated for this area in the
proposed design of the preliminary
velopment Plan provides a wider
spectrum of hi _ types and more common open
space than w/6uld b~xachieved through a standard
subdivision; ~hd ~
WHEREA/~, the nortl~X portion of the property
contains a/Stream corridor~nd critical and protected
slopes, a¢ defined b.y the~,City's Sensitive Areas
Ordinance, necessitating a 5--~nsitive Areas Overlay
rezoning/ and submittal of ~a Sensitive Areas
Develol:/ment Plan; and ~
WH/EREAS, the proposed rezon~,g and preliminary
Sensieve Areas Development Plan ~esign will allow
the c~evelopment of,up .to 35 dwellin~ units on the
parc/~l, and except for the stormwaterN~nanagement
detention facility, development on the s'i~e will not
occur within the stream corridor or on the c'l~cal and
protected slopes on the property; and ~
~NHEREAS, the preliminary Sensitive Areas
Development Plan filed by the Applicant in asso-
ciation with the rezoning request, and revised and
resubmitted to the City on February 26, 1998, is
Ordinance No.
Page 2
agreed to by the Applicant as being representative of
its intentions with respect to development of the
property, and shall serve as a basis upon which to
review final development plans, 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, Iowa Code §414.5 (1997) provides
that the City of Iowa City may impose reasonable
c~nditions on granting an applicant's rezoning
req'~,st, over and above existing regulations, to
satisf~oublic needs directly caused by the reques~'d
change;~a~nd //
WHEREAS, the Applicant acknowledges/ that
certain convictions and restrictions are reaso?/able to
ensure ..a. ppro~,riate planned residential development
that will not'knegatively impact the/,~u, rrounding
residential neighborhood and to ensure a
development sim~r in appearance indicated
on the plans elevations su by the
Applicant and dal ~mped Februa 26, 1998; and
WHEREAS, the A )lieant has reed to develop
this property in the terms and
conditions of a Condil Agreement to
ensure appropriate plan~ ~sidential development
similar in appearance to th indicated on the plans
and elevations submitted ~e Applicant and date-
stamped February 26, 19
NOW, THEREFORE RDAINED BY THE
CITYI COUNCIL OF TH OF WA CITY, IOWA:
SECTION I. APPR~ ,L. Sub c~ ~) the terms and
conditions of the onditional Zon~g Agreement,
attached hereto an~ by ref~.rence herein,
the property le(, described belov~ is hereby
reclassified from present classification.~f IDRS to
OSA-8, and preliminary Sensitiv~ Areas
Development submitted by Applicant ~;~r Louis
Condominium,~ is hereby approved: '~
A potion of Lot 1, Louis First Subdivisio~r~
Iowa Cit//, Iowa, as recorded in book 15, at
page 5/6 of the records of the Johnson
Count,/, Iowa Recorders Office, more
partic~ lady described as follows:
ommencing at the Northeast Corner of
Sec'lon 4, Township 79 North, Range 6 West
of , the Fifth Principal Meridian; Thence
S0/1°25'00"W, 1305.00 feet on the east line
o~' said Section 4 to the North line of
~tovernment Lot 7 in said Section 4; Thence
_~190°00'00"W, 1464.00 feet on the North line
6f Government Lots 6 and 7; Thence
S30°25'00"E, 144.68 feet to the North Corner
Ordinance No.
Page 3
of said Lot 1 and the Point of Beginning;
Thence S30°34'55"E, 442.97 feet along the
Northeasterly Line of said Lot 1; Thence
S01°13'47"W, 279.23 feet along the East line
of said Lot 1 to a point on the Northerly Right-
of-Way line of Foster Road; Thence
S65°09'32"W, 18.81 feet along said Right-of-
Way Line; Thence Southwesterly 218.98 feet
along said Right-of-Way line on a 342.00 foot
ra~us curve, concave Northwesterly, whose
Right-of~Vay line, on a 233.00 foot rad~0s
curve, coifave Southwesterly, whose 4
foot chorch\ bears N84°1§'49"W;
S89°37'41 "V~ 31.63 feet along said ]ht-of-
Way line to Southeast Corner o' _ot 2 of
said Thence
330.53 feet alone Ihe East line o
Thence continuing )0°22'1
to a point on the
1; Thence N47°17'0(
said Northwesterly lif
Beginning, and also:
Beginning at the Nor
said Lot 1, Thence S47
Lot 2;
feet
of said Lot
feet along
the Point of
asterly corner of
)"W, along the
Northerly line of said 131.23 feet;
Thence N23°5~ '0 "' '// f~t, to a point
on the North Line of la Gov't Lo~7; Thence
N89°53'51"E, alon, said North Lirte 118.12
feet; Thence .'54"E, 144.68 fe~, to the
Point of Beginning
Said tracts/~ land contain 4.46 ~r~,res
more or less and/~ subject to easements a~d
restrictions of ~.c~rd.
SECTION II. Z( NING MAP. Upon final passa~j~e,
approval and ~,blication of this Ordinance a~
provided by the Building Official .is hereby,~
authorized ant to change the zoning map of
the City of ~wa City, Iowa, to conform to this
conditional z change.
SECTION III CONDITIONAL ZONING AGREEMENT.
Following passage and approval of this
Ordinance the Mayor is hereby authorized and
directed sign, and City Clerk to attest, the
Conditior Zoning Agreement between the Applicant
and the
SECTI( IV VARIATIONS. The following variations
from requirements of the underlying RS-8 zone
have,/ oe approved as part of the preliminary
Ser~itive Areas Development Plan:
Ordinance No.
Page 4
A. A 24-unit building will be permitted at a height
that exceeds the 3§-foot maximum building
height requirement.
B. Instead of only one principal structure being
permitted on the lot, seven residential structures
will be permitted on one lot; a 24-unit multi-
family residential structure, five duplex units and
one existing single-family residence.
C. The paving width of the private street within the
development will be reduced. The private street,
L~z~s Place, is intended for two-way traffic.
Inst, e~l~ of a twenty-eight foot wide pav
surface,~,~back-of-curb to back-of-curb (BC-
the stree~,,,.shall be a minimum of twenl
(20') in w~h, and will have a seven-it deep
Portland Cem~nt Concrete (PCC) Three-
inch integral rol~curbs will define the es of the
paved surface ~e street.
SECTION V. :ATION AN RECORDING.
Upon passage and
after execution of the
the City Clerk is hereby
certify a copy of this Ordina~
Zoning Agreement for
Recorder, Johnson County
H&O, LLC, all as provided
SECTION Vl. REPEALER All
ordinances in conflict the
Ordinance are hereby ~ealed
SECTION VII.
of t~ Ordinance, and
Agreement,
and directed to
and the Conditional
in the Office of the
at the expense of
~s and parts of
of this
If a~y section,
provision or part ol Ordinance shall be~.adjudged
to be invalid or ~constitutional, such adjucication
shall not affect validity of the Ordinan~e as a
whole or any provision, or part there~ not
adjudged or unconstitutional.
SECTION VII~. EFFECTIVE DATE. This Ordinance
shall be in e/¢fect after its final passage, approval and
publications'as provided by law.
Passed ~d approved this day of
/ ·
roved b~.'~" .'~
min\ord\louisord.doc
a. The Applicant providing easements for water, sanitary sewer, stormwater
-~. management, storm sewer and utilities, and the Applicant paying the applicable
.;~ water main extension fee, a fee in lieu of sidewalk construction (if the City
'-determines that a sidewalk along Foster Road is required), escrow for right-of-way
trees, escrows for other required public improvements as appropriate, and the fee in
lie~J of neighborhood open space land dedication prior to administrative approval of
the final Sensitive Areas Development Plan and the issuance of building permits for
the subject property.
b. The Applicant implementing the development plan such that the building footprints
and exterior building materials for the five duplexes, one single-family,residence and
the 20-unit multi-family residential building are constructed in subst~tial compliance
with the site plan date-stamped April 2, 1998, the elevations dale-stamped March
26, 1998, and the floor plans date-stamped February 26, 1998,
c. The Applicant providing a tree protection plan for City review and approval prior to
administrative approval of the final Sensitive Areas Development Plan.
d. The westerly private driveway between the Louis household and Foster Road shall
be closed at such time as Norwood C. Louis and Betty Louis cease to occupy the
existing single-family residence,~or the Foster.Road widening project is commenced,
whichever event occurs first.
4. The Applicant acknowledges that the c~nditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (1997), and that said
conditions satisfy public needs which are directly caused by the requested zoning
change.
5. The Applicant acknowledges 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 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. Thee Parties further acknowledge that this.Agreement shall inure to
the benefit of and bind all successors, representatives and assigns of the Parties.
7. Applicant ackno'~ledges that nothing in this Conditional Zoning"~greement shall be
construed to relieve the Applicant from complying with all applicab~cal, state and
federal regulations.
\.
8. The Parties agree that this Conditional Zoning Agreement shall be inc'brporated by
reference into the Ordinance rezoning the subject property; and that upon adoption and
publication of the Ordinance, this Agreement shall be recorded in the Johnson County
Recorder's Office at the expense of H&O, LLC.
City of Iowa City
MEMORANDUM
Date: April 2, 1998
To:
Iowa City City Council
From:
Melody Rockwell, Associate Planner
Re:
April 2, 1998 Planning and Zoning Commission Recommendation
on REZ97-0011, 500 Foster Road
Recommendation for proposal for 3? dwelling units with a 20 unit. two/three story multi-
family residential building:
By a vote of 6-0, the Planning and Zoning Commission recommended approval of
REZ97-0011, an application to rezone 4.46 acres from Interim Development Single-
Family Residential (IDRS) to Sensitive Areas Overlay-8 (OSA-8) to permit 32 dwelling
units for property located at 500 Foster Road, subject to: 1) the applicant submitting a
grading plan and construction plans for review and approval by the Public Works
Department prior to Council consideration of the preliminary Sensitive Areas
Development Plan, 2) the applicant providing utility easements for water, sanitary
sewer and stormwater sewer and paying the water main extension fee, sidewalk fee (if
a sidewalk along Foster Road is required), escrow for right-of-way trees, escrows for
other required public improvements, and the fee in lieu of neighborhood open space land
dedication prior to administrative approval of the final Sensitive Areas Development
Plan, 3) the building footprints and exterior materials for the five duplexes, one single-
family residence and the 20-unit multi-family residential building being constructed in
substantial compliance with the site plan date-stamped April 2, 1998, the elevations
date-stamped March 26, 1998 and the floor plans date-stamped February 26, 1998, 4)
the applicant providing a tree protection plan for review and approval prior to
administrative approval of the final Sensitive Areas Development Plan, and 5) the
closure of the private driveway to Foster Road for the Louis household at the end of
Norwood C. and Betty Louis' tenure in the existing single-family residence, or the time
of the Foster Road widening project, whichever event occurs first.
hodgcc.doc
City of Iowa City
MEMORANDUM
Date:
March 27, 1998 (for the April 2 Commission meeting)
To'
Planning and Zoning Commission
From:
Melody Rockwell, Associate Planner
Be:
REZ97-0011. Louis Condominiums Rezoning
At its March 19, 1998, meeting, the Planning and Zoning Commission voted to reconsider
the Louis Condominiums rezoning request. The Commission had previously recommended
on March 5 that the rezoning be denied due in large part to the large scale of the proposed
multi-family residential building. On March 19, the applicant H&O, LLC proposed to reduce
the overall density for the site by three dwelling units, to reduce the height and the mass of
the multi-family residential building, and to close the private driveway that currently serves
the Louis household. A revised site plan and elevations have been submitted for a 32-foot
high, three-story, 18 unit multi-family building. The building has been reduced in length,
width and height from what was previously proposed; the length has changed from 132
feet to 102 feet, the width from 88 feet to 80 feet and the height from 36 feet to 32 feet.
The number of units in the multi-family building would be reduced from 24 apartments to
18. The overall density for the site would be reduced from 35 to 32 dwelling units.
Planted berms are being proposed on the west side of the property.
The applicant is also presenting an alternative proposal of the multi-family building for the
Commission to consider - a 20-unit, three-story building with two-story wings. It was felt
that this stair-stepped design might integrate more aesthetically with other dwellings being
proposed for the site as well as with existing residences on the properties to the west. The
multi-family building in this case would have a similar footprint to the one voted on by the
Commission on March 5, except that it would be four feet narrower in width. The height
of the three-story portion of the building would be 33 feet. The overall density on the site
would be 32 dwelling units, an RS-8 density. In both cases being presented at this time, a
new single-family residence has been added to the mix of housing being proposed with this
development.
The Commission is being requested to indicate whether either of the alternatives being
presented could receive a positive recommendation to the City Council. If that is the case,
the site plan can be amended accordingly by the applicant. The applicant has expressed a
willingness to close the private drive for the Louis household onto Foster Road. A note to
that effect should be added to the plan. The other elements of the plan are the same as
previously proposed by the applicant and considered by the Board. Staff has previously
recommended approval of this item, and continues to do so.
Prepared by: Melody Rockwell, Assoc. Planner, 410 E. Washington Street, 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 "City"), Norwood C. Louis II and Betty Louis, husband and wife, as
property owners and legal title holders, and H&O, LLC, as contract purchasers, (hereinafter
collectively "Applicant" ).
WHEREAS, the Applicant has requested that the City rezone approximately 4.46 acres
from Interim Development Single-Family Residential (IDRS) to Sensitive Areas Overlay-8
(OSA-8) to permit 35 dwelling units on property located at 500 Foster Road; and
WHEREAS, the proposed rezoning will allow variations to the requirements of the
underlying (RS-8) zone, including allowing 1) a multi-family residential building, 2) a building
that exceeds the 35-foot maximum height requirement, 3) seven dwelling units on one lot
instead of the maximum of one principal structure per lot, and 4) a private street with a
reduced pavement width and rolled curbs; and
WHEREAS, the proposed rezoning with the requested variations will allow a wider
spectrum of housing types and more common open space than would be achieved through
a standard subdivision, and except for the stormwater management facility, development
within the sensitive areas on the north portion of the site will be avoided; and
WHEREAS, Iowa Code §414.5 (1997) 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 directly caused by the requested
change; and
WHEREAS, the Applicant acknowledges that certain conditions and restrictions are
reasonable to ensure appropriate planned residential development that will not negatively
impact the surrounding residential neighborhood, and to ensure a development similar in
appearance to that indicated on plans and elevations submitted by the Applicant and date-
stamped February 26, 1998; and
WHEREAS, the Applicant has agreed to use this property in accordance with the terms and
conditions of a Conditional Zoning Agreement to ensure that appropriate planned
development issues are addressed.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree
as follows:
Norwood C. Louis II and Betty Louis, husband and wife, are the property owners and
legal title holders of property located at §00 Foster Road, and H&O, LLC is the contract
purchaser of the subject property, which property is more particularly described as
follows:
A portion of Lot 1, Louis First Subdivision, Iowa City, Iowa, as
recorded in book 15, at page 56 of the records of the Johnson County, Iowa
Recorders Office, more particularly described as follows:
Commencing at the Northeast Corner of Section 4, Township 79
North, Range 6 West of the Fifth Principal Meridan; Thence S01°25'00"W,
1305.O0 feet on the east line of said Section 4 to the North line of
Government Lot 7 in said Section 4; Thence N90°OO'OO"W, 1464.00 feet on
the North line of Government Lots 6 and 7; Thence S30°25'00"E, 144.68
feet to the North Corner of said Lot 1 and the Point of Beginning; Thence
S30°34'55"E, 442.97 feet along the Northeasterly Line of said Lot 1;
Thence S01°13'47"W, 279.23 feet along the East line of said Lot 1 to a
point on the Northerly Right-of-Way line of Foster Road; Thence
S65°09'32"W, 18.81 feet along said Right-of-Way Line; Thence
Southwesterly 218.98 feet along said Right-of-Way line on a 342.00 foot
radius curve, concave Northwesterly, whose 215.26 foot chord bears
S83°30'07"W; Thence Northwesterly 49.68 feet along said Right-of-Way
line, on a 233.00 foot radius curve, concave Southwesterly, whose 49.59
foot chord bears N84°15'49"W; Thence S89°37'41"W, 31.63 feet along
said Right-of-Way line to the Southeast Corner of Lot 2 of said Subdivision;
Thence NOO°22'19"W, 330.53 feet along the East line of said Lot 2; Thence
continuing NOO°22'19"W, 268.49 feet to a point on the Northwesterly line
of said Lot 1; Thence N47°17'OO"E, 131.23 feet along said Northwesterly
line to the Point of Beginning, and also:
Beginning at the Northeasterly corner of said Lot 1, Thence
S47°17'00"W, along the Northerly line of said Lot 1, 131.23 feet; Thence
N23°58'OS"W, 233.73 feet, to a point on the North Line of said Gov't Lot 7;
Thence N89°53'51"E, along said North Line 118.12 feet; Thence
S30°34'54"E, 144.68 feet to the Point of Beginning.
Said tracts of land contain 4.46 acres more or less and are subject to
easements and restrictions of record.
Applicant acknowledges that the City wishes to ensure appropriate planned
development that will not negatively impact the surrounding residential neighborhood,
and to ensure a development similar in appearance to that indicated on plans and
elevations submitted by the Applicant and date-stamped February 26, 1998. Further,
the parties acknowledge that Iowa Code §414.5 (1997) 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 directly caused
by the requested change. Therefore, Owner and Applicant agree to certain conditions
over and above City regulations as detailed below.
In consideration of the City's rezoning the subject property with variations to the
requirements of the underlying zone, the Applicant agrees that development of the
subject property will conform to all other requirements of the underlying RS-8 zone, as
well as the following conditions:
The Applicant providing easements for water, sanitary sewer, stormwater
management, storm sewer and utilities, and the Applicant paying the applicable
water main extension fee, a fee in lieu of sidewalk construction (if the City
determines that a sidewalk along Foster Road is required), escrow for right-of-way
trees, escrows for other required public improvements as appropriate, and the fee in
lieu of neighborhood open space land dedication prior to administrative approval of
the final Sensitive Areas Development Plan and the issuance of building permits for
the subject property.
The Applicant implementing the development plan such that the building footprints
and exterior building materials for the five duplexes, one single-family residence and
the 20-unit multi-family residential building are constructed in substantial compliance
with the site plan date-stamped April 2, 1998, the elevations date-stamped March
26, 1998, and the floor plans date-stamped February 26, 1998.
c. The Applicant providing a tree protection plan for City review and approval prior to
administrative approval of the final Sensitive Areas Development Plan.
The westerly private driveway between the Louis household and Foster Road shall
be closed at such time as Norwood C. Louis and Betty Louis cease to occupy the
existing single-family residence, or the Foster Road widening project is commenced,
whichever event occurs first.
The Applicant acknowledges that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (1997), and that said
conditions satisfy public needs which are directly caused by the requested zoning
change.
The Applicant acknowledges 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.
The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with 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. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Applicant from complying with all applicable local, state and
federal regulations.
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, this Agreement shall be recorded in the Johnson County
Recorder's Office at the expense of H&O, LLC.
Dated this day of , 1998.
By:
H&O, LLC, Contract Purchasers
Michael Hodge
By:
CITY OF IOWA CITY
Ernest W. Lehman, Mayor
By:
Dean Oakes
Attest:
Marian K. Karr, City Clerk
Property Owners,
Norwood. C. Louis II and Betty Louis, husband and wife
By:
By:
Norwood C. Louis, II
Betty Louis
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 19 , before me,
, a Notary Public in and for the State of Iowa, personally
appeared Ernest W. Lehman 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 signed and sealed on behalf of the corporation, by
authority of its City Council, as contained in (Ordinance) (Resolution) No.
passed by the City Council, on the day of , 19 , and
that Ernest W. Lehman 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 Iowa
My commission expires:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 19 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Michael E. Hodge and
Dean Oakes, to me known to be the identical persons named in and who executed the within
and foregoing instrument, and acknowledged that they executed the same as (his/her/their)
voluntary act and deed.
Notary Public in and for the State of Iowa
My commission expires:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , 19 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Norwood C. Louis II
and Betty Louis, husband and wife, to me known to be the identical persons named in and
who executed the within and foregoing instrument, and acknowledged that they executed
the same as their voluntary act and deed.
Notary Public in and for the State of Iowa
My commission expires:
ppdadmin\agt\louiscza.doc
32 dwelling units/3-story, 18-unit multi-family building
i!~~__wD1A~O BE RECONSideR
'A TER
.ITY
/
/
/
/
PROPOSED BERMS
2'-6' HiGH
PROPOSED
PINE TREES, 4'-6',
AT INSTALLATION
PROPOSED B~ERM S
2'-6' HIGH
2 EXIST
SPRUCE
,~_PRUOE
GOLF CART
STORAGE
SHED
RECEIVED
FIRE TRUCK ' ~
A ROUND
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RANCH
52.0' ~
50.0' -J~
DECK OR
SCREEN
PORCH (TYP)
EXISTsCEDAR
o
o= ~ HOUSE
33.9'
~MAPLE
~. ~) o
- - FOST
Louis Condominiums -- 3-story, 18-unit building, west elevation
Louis Condominiums -- 3-story, 18-unit building; south entrance elevation
32 dwelling units/three-story multi-family building with two-story wings(20 units)
R£CONSTRi
ANAGEMEN]
~C IN
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GOLF CART
STORAGE
SHED ,
FIRE TRUCK
TURN A ROUND
"._] I~..~/~/ - SCREEN
. ,~..!// PORCH (TYP)
SCREEN
PORCH
, 2 STORY ~
21.7' {
APPLE ~,
'iO'-'. MAPLE
P~R .COND
SPRUCE '~'~..._~L
P~t~[~.~,~A_S P H A L T DRI¥
RANCH
520' ~
5O0' ~L~
~ANCH
52.0'
DECK OR /
SCREEN
PORCH (TYP)
35' ACCESS, SAN S, WATERMAIN & UTIL ESMT
1/2 ROW _ I
Louis Condominiums -- 3-story building with 2-story wings, 20 units,
west elevation
I~AR 26 i" !
west elevation . ~.:,o,
Louis Condominiums -- 3-story building with 2-story wings, 20 units,
south entrance elevation
RECEIVED
north/south elevation
Louis Condominiums -- one-story/two-story duplex
l'ront el~vat)o~ ·
Louis Condominiums -- one-story duplex
'1 ; " '
i, -' ' ' ~'-I'" ':~'"" .
· front. elRvation ·
BRUGOEMAN
...... _ o~-t, .~1*'""T
Louis Condominiums - single-family residence
RECEIVED
Prepared b~ Melody Rockwell, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52 319/356-5251
CONDITIONAL ZONING AGREEMENT
THIS A¢ is made by and between the City of
Corporation ifter "City"), Norwood C. Louis II and
property owners legal title holders, and H&O, LLC, as
collectively "Applica ").
City, Iowa, a Municipal
husband and wife, as
purchasers, (hereinafter
WHEREAS, the A
from Interim Develo
(OSA-8) to permit 35 dwe
has requested that the C
Single-Family Residen~
units on property
rezone approximately 4.46 acres
(IDRS) to Sensitive Areas Overlay-8
at 500 Foster Road; and
WHEREAS, the proposed
underlying (RS-8) zone,
that exceeds the 35-foot m,
instead of the maximum of
reduced pavement width and
zoning will allo variations to the requirements of the
g allowing 1) y residential building, 2) a building
um height uirement, 3) seven dwelling units on one lot
per lot, and 4) a private street with a
WHEREAS, the proposed rezonin
spectrum of housing types and m~
a standard subdivision, and exce
within the sensitive areas on the
the requested variations will allow a wider
~ommon open space than would be achieved through
the stormwater management facility, development
of the site will be avoided; and
WHEREAS, Iowa Code §41
reasonable conditions on
existing regulations, in
change; and
(1997)
an
to satisfy
'ovides that the City of Iowa City may impose
licant's rezoning request, over and above the
needs directly caused by the requested
WHEREAS, the App
reasonable to
impact the surroun~
appearance to
stamped
acknowledges ~t
appropriate planned
residential neighborhoe
~ on plans and
1998; and
certain conditions and restrictions are
development that will not negatively
and to ensure a development similar in
ons submitted by the Applicant and date-
WHEREAS, the
conditions of
development
a
)lieant has agreed to use this pl
Conditional Zoning Agreement
are addressed.
)erty in accordance with the terms and
:o ensure that appropriate planned
NOW, THEI in consideration of mutual
as follows/z
1. Norwood C. Louis II and Betty Louis, husband and
legal title holders of property located at 500 Foster Roa
purchaser of the subject property, which property is
follows:
contained herein, the Parties agree
,~, are the property owners and
and H&O, LLC is the contract
ore ~articularly described as
A p~rtion of Lot 1, Louis First Subdivision, Iowa City, Iowa, as
recorded in b~ok 15, at page 56 of the records of the Johnso~.'County, Iowa
Recorders Off~, more particularly described as follows: ~
Commenting at the Northeast Corner of Sectio,~'4, Township 79
North, Range 6 ~est of the Fifth Principal Meridan; T,l~nce S01°25'00"W,
1305.00 feet onethe east line of said Section~/~,,t,,o,,~he~,North line of
Government Lot 7 ii~said Section 4; Thence N90°O/O'OO"W, 1464.00 feet on
the North line of Go~,ernment Lots 6 and 7; Th/~fice S30°25'00"E, 144.68
feet to the North Corl~er of said Lot 1 and tl~ Point of Beginning; Thence
S30°34'55_"E, 442.97~eet along the Nort/~easterly Line of said Lot 1;
Thence S01°13'47"W, ~79.23 feet along//the East line of said Lot 1 to a
point on the Northerly~ Right-of-Wa)~/.!ine_.o.f F_o.s.t_er Road; Thence
S65°09'32"W, 18.81 fbtet g said Right-of-Way Line; Thence
Southwesterly 218.98 feet ~ Right-of-Way line on a 342.00 foot
radius curve, concave
S83°30'07"W; Thence North
line, on a 233.00 foot us
foot chord bears N84°15'49"
said Right-of-Way line to the
Thence NO0°22'19"W, 33(
whose 215.26 foot chord bears
~rly 49.68 feet along said Right-of-Way
've, concave Southwesterly, whose 49.59
Thence S89°37'41"W, 31.63 feet along
~east Corner of Lot 2 of said Subdivision;
]long the East line of said Lot 2; Thence
continuing N00°22'1 268.49 to a point on the Northwesterly line
of said Lot 1; Thence 17'00"E, 31.23 feet along said Northwesterly
line to the Point of ~ning, and also:
Beginning at/ Northeasterl~ \corner of sad Lot 1, Thence
S47°17',00"W, alor~ the Northerly line' o~,said Lot 1, 131.23 feet; Thence
N23°58 08"W, 2,3~/~B,.,,73 feet, to a point on t~e North Line of said Gov't Lot 7;
Thence N89°53~'51"E, along said North~ Line 118.12 feet; Thence
S30°34'54"E, ~/44.68 feet to the Point of Beg~ning.
Said tra~ts of land contain 4.46 acres m~e or less and are subject to
easements an/~l restrictions of record. . . ~
Applicant acknowledges that the City wishes t~ ensure appropriate planned
development that will not negatively impact the surrour~ling residential neighborhood,
and to ensure a development similar in appearance to ~,hat indicated on plans and
elevations submitted by the Applicant and date-stamped Fb~ruary 26, 1998. Further,
the parties acknowledge that Iowa Code §414.5 (1997) prov~es that the City of Iowa
City may impose reasonable conditions on g. ran. ting .an, app!i..~nt's rezoning request,
over and above the existing regulations, in order to satisfy publit, needs directly caused
by the requested change. Therefore, Owner and Applicant agree'to certain conditions
over and above City regulations as detailed below.
In consideration of the City's rezoning the subject property with variations to the
requirements of the underlying zone, the Applicant agrees that development of the
subject property will conform to all other requirements of the underlying RS-8 zone, as
well as the following conditions:
a. The Applicant providing easements for water, sanitary sewer, stormwater
management, storm sewer and utilities, and the Applicant paying the applicable
water main extension fee, a fee in lieu of sidewalk construction (if the City
determine~that a sidewalk along Foster Road is required), escrow for right-of-way
trees, escrows for other required public improvements as appropriate, d the fee in
lieu of neighborhood open space land dedication prior to administr '~ve(~pproval of
the final ze Areas Development Plan and the issuance/~/b[:iilding permits for
the subject ~.
b. The Applicant im the development plan such the building footprints
and exterior building laterials for the five duplexes, or le-family residence and
the 20-unit residential building are constr in substantial compliance
with the site plan :amped April 2, 1998, ,~levations date-stamped March
26, 1998, and the floor ~ns date-stamped Febr 26, 1998.
c. The Applicant providing a
administrative approval of
e protection pl for City review and approval prior to
Sensiti~ Areas Development Plan.
The westerly private driveway
be closed at such time as
existing single-family residence, c
whichever event occurs first.
the Louis household and Foster Road shall
Louis and Betty Louis cease to occupy the
e Foster Road widening project is commenced,
4. The Applicant acknowledges that
conditions to impose on the I~nd
conditions satisfy public need~ which
change. ';'
5. The Applicant acknowledges that in the
redeveloped, or subdivided, all redevelopme
Conditional Zoning Agreement.
conditions contained herein are reasonable
Iowa Code §414.5 (1997), and that said
directly caused by the requested zoning
the subject property is transferred, sold,
will conform with the terms of this
The Parties acknowledge that this Conditional ing Agreement shall be deemed to be
a covenant running.with the land and with title he land, and shall remain in full force
and effect as a covenant running with the title the land unless or until released of
record by the City. The Parties further acknowledc that this Agreement shall inure to
the benefit of and bind all successors, re[ and assigns of the Parties.
Applicant acknowledges that nothing in this
construed to relieve the Applicant from complying
federal regulations.
al Zoning Agreement shall be
all applicable local, state and
The Parties agree that this Conditional Zoning Ag ,\s.hall be incorporated by
reference into the Ordinance rezoning the subject property; art~ that upon adoption and
publication of the Ordinance, this Agreement shall be recordeden the Johnson County
Recorder's Office at the expense of H&O, LLC. ~~
Dated this day of ,1998.
By:
H&O, LLC,
Michael Hodge
'act Purchasers
By:
CITY OF IOWA
Ernest
Mayor
By:
Dean Oakes
Attest:
K. Karr, City Clerk
Property Owners,
Norwood. C. Louis II and
husband and wife
By:
By:
Norwood C. Louis, II
Betty Louis
STATE OF IOWA
) SS:
JOHNSON )
On this
appeared Erne~
me duly
Iowa City,
of , 19 , before me,
, a Notary Public i and for the State of Iowa, personally
Lehman and Marian K. Karr, to personally known, and, who, being by
did say that they are the Mayor a City Clerk, respectively, of the City of
that the seal affixed to the foregoir instrument is the corporate seal of the
corporatio~ and that the instrument was signed and
authority,. its City Council, as contained in
passed .BY the City Council, on the day
that Er../~est W. Lehman and Marian K. Karr acknowledc
be their voluntary act and deed and the voluntary
voluntarily executed.
on behalf of the corporation, by
(Resolution) No.
, 19 , and
the execution of the instrument to
and deed of the corporation, by it
Notary Public ~nd for the State of Iowa '
My commission ~res:
STATE OF IOWA )
) SS:
JOHNSON COUNTY
On this i~n day of , 19 , before me, the undersigned, a
Notary Public ~nd for said County, in said State, personally appeared Michael E. Hodge and
Dean Oakes, to ~ known to be the identical persons named in and who/executed the within
and foregoing instra~ment, and acknowledged that they executed the as (his/her/their)
voluntary act and deed~
Notary Public in ar the State of Iowa
My commissi( expires:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of
Notary Public in and for said County,
and Betty Louis, husband and wife,
who executed the within and foregoi
the same as their voluntary act and
, 19 , before me, the undersigned, a
State, personally appeared Norwood C. Louis II
known to be the identical persons named in and
instrument, and acknowledged that they ex-ecuted
ppdadmin\agt\louiscza.doc
Public in and for the State of Iowa
commission expires:
Prepared by: Melody Rockwell, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319/356-5251
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, I/owa, a Municipal
Corporation (hereinafter "City"), Norwood C. Louis II and Betty Louis, ~'sband and wife, as
property owners and 'legal title holders, and H&O, LLC, as contract p/Zrchasers, (hereinafter
collectively "Applicant'S).
WHEREAS, the Applicant'.has requested that the City rezon~ approximately 4.46 acres
from Interim Development"$ingle-Family Residential (IDRS)~t'o Sensitive Areas Overlay-8
(OSA-8) to permit 35 dwelling units on property located at.~l~00 Foster Road; and
WHEREAS, the proposed rezOning will allow varia¢~ns to the requirements of the
underlying (RS-8) zone, including 'allowing 1) a multi-f,a~ily residential building, 2) a building
that exceeds the 35-foot maximum. height requirement, 3) seven dwelling units on one lot
instead of the maximum of one prii~cipal structu.r~( per lot, and 4) a private street with a
reduced pavement width and rolled cQ?bs; and
WHEREAS, the proposed rezoning Wt~th t requested variations will allow a wider
spectrum of housing types and more con~n open space than would be achieved through
a standard subdivision, and except for t.17~stormwater management facility, development
within the sensitive areas on the north,?~rti~f the site will be avoided; and
WHEREAS, Iowa Code §414.5 (1997) providb~s that the City of Iowa City may impose
reasonable conditions on granting?~n applicant~rezoning request, over and above the
existing regulations, in order to .Satisfy public r~eds directly caused by the requested
change; and
WHEREAS, the Applicant acknowledges that certa~ conditions and restrictions are
reasonable to ensure appropriate planned residential development that will not negatively
impact the surrounding residential neighborhood, and to~nsure a development similar in
appearance to that indicated on plans and elevations subm~ed by the Applicant and date-
stamped February 26, 1998; and
WHEREAS, the Applicant has agreed to use this property in acco~ance with the terms and
conditions of a Conditional Zoning Agreement to ensure that. appropriate planned
development issues are addressed.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree
as follows:
Norwood C. Louis II and Betty Louis, husband and wife, are the property owners and
legal title holders of property located at 500 Foster Road, and H&O, LLC is the contract
purchaser of the subject property, which property is more particularly described as
follows:
A portion of Lot 1, Louis First Subdivision, Iowa City, Iowa,
recorded in book 15, at page 56 of the records of the Johnson County,
Recorders Office, more particularly described as follows:
Commencing at the Northeast Corner of Section 4, 79
North, Rar~§e 6 West of the Fifth Principal Meridan; Thence SO
1305.00 fe'et, on the east line of said Section 4 to the ~rth line of
Government L6t,,7 in said Section 4; Thence N90°OO'OO"W feet on
the North line o¢,~Government Lots 6 and 7; Thence 144.68
feet to the North '~rner of said Lot 1 and the Point o! eginning; Thence
S30°34'55"E, 442.9,7 feet along the Northeasterly ne of said Lot 1;
Thence S01°13'47"W,~79.23 feet along the East ~ of said Lot 1 to a
point on ,,t, he Northerl~F~ Right-of-Way line of/' ster Road; Thence
S65°09'32 W, 18.81 f~_,~ along said Rig/l~t- N y Line; Thence
Southwesterly 218.98 feet aTo~ng said Right-,of/~Va~ line on a 342.00 foot
radius curve, concave Northvv~terly, who,(~ 215.26 foot chord bears
S83°30'07"W; Thence Northwest~ 49.6 feet along said Right-of-Way
line, on a 233.00 foot radius curve e Southwesterly, whose 49.59
foot chord bears N84°15'49"W; )°37'41"W, 31.63 feet along
said Right-of-Way line to the Southeast rner of Lot 2 of said Subdivision;
Thence NOO°22'19"W, 330.53 feet al East line of said Lot 2; Thence
continuing NOO°22'19"W, 268.49 f/~t to a p~nt on the Northwesterly line
of said Lot 1; Thence N47°17'00~',,E, 131.23 f~t along said Northwesterly
line to the Point of Beginning, an~/~also: ~
Beginning at the Northeasterly corner o~,said Lot 1, Thence
S47°17'00"W, along the Nor~ff~erly line of said Lot 1,~131.23 feet; Thence
N23°S8'O8"W, 233.,,73 feet?~o a point on the North Lin~N~f said Gov't Lot 7;
Thence N,8,9°53'51 E, ~/ong said North L'me 118.~ feet; Thence
S30°34'54' E, 144.68 fe~t to the Point of Beginning. ~
Said tracts of la[¥cl contain 4.46 acres more or less and ~, subject to
easements and restr~ti'ons of record. ~
Applicant acknowle..d~es that the City wishes to ensure appropV~i~te planned
development that w~l not negatively impact the us rroun ~ngd' re ~s'dential ne'i~,hborhood,
and to ensure a ~l~velopment similar in appearance to that i dn icated on ~ns and
elevations submitted by the Applicant and date-stamped February 26, 1998. Fu, rther,
the parties ackn/bwledge that Iowa Code §414.5 (1997) provides that the City of'Iowa
City may impose reasonable conditions on granting an applicant's rezoning request,
over and abo~e the existing regulations, in order to satisfy public needs directly caused
by the requested change. Therefore, Owner and Applicant agree to certain conditions
over and above City regulations as detailed below.
In consideration of the City's rezoning the subject property with variations to the
requirements of the underlying zone, the Applicant agrees that development of the
subject property will conform to all other requirements of the underlying RS-8 zone, as
well as the following conditions:
The Applicant providing easements for water, sanitary sewer, stormwater
management, storm sewer and utilities, and the Applicant paying applicable
water main extension fee, a fee in lieu of sidewalk construct (if the City
~determines that a sidewalk along Foster Road is required), escr~ for right-of-way
tr~;N~s, escrows for other required public improvements as appr and the fee in
lieu~)f neighborhood open space land dedication prior to ac approval of
the f~al Sensitive Areas Development Plan and the issua of building permits for
the su~j,ect property.
The A
and
residential
elevations
ant implementing the development plan that the building footprints
building materials for the five dup and the 24-unit multi-family
Iding are constructed in substar compliance with the site plan,
:1oor plans date-stamped Febru 26, 1998.
c. The Applicant
administrative a
a tree protection
of the final Sensit
for City review and approval prior to
Areas Development Plan.
.,
The Applicant
conditions to impose
conditions satisfy public
change.
es that the
:he land
;ds whicl
contained herein are reasonable
Iowa Code §414.5 (1997), and that said
are directly caused by the requested zoning
5. The Applicant acknowledges
redeveloped, or subdivided, all
Conditional Zoning Agreements,?
6. The Parties acknowledge tha/tt this
Dated this
the event the subject property is transferred, sold,
development will conform with the terms of this
itional Zoning Agreement shall be deemed to be
a covenant running with t~e land and w title to the land, and shall remain in full force
and effect as a covenant running with title to the land unless or until released of
record by the City. TI~ Parties further owledge that this Agreement shall inure to
the benefit of and bir¢ all successors, re ~tatives and assigns of the Parties.
Applicant acknow/l~dges that nothing in this )nditional Zoning Agreement shall be
construed to relieve the Applicant from compl' with all applicable local, state and
federal regulatio~ns.
The Parties agree that this Conditional Zoning shall be incorporated by
reference i.nto the Ordinance rezoning the subject p¢oper~; and that upon adoption and
publication of the Ordinance, this Agreement shall be recked in the Johnson County
Recorder's Office at the expense of H&O, LLC.
day of , 1998.~
By:
By:
By:
H&O, LLC, Contract Purchasers
Hodge
Dean Oakes
Property Owners,
Norwood. C. Louis II
Norwood C. Louis, II
By:
Betty Louis
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
CITY OF IOWA CITY
By: yo/
Ernest W. Lehman, Ma
Attest: y/~e
Marian K. Karr, Cit rk
Betty Louis, husband and wife /
/
On this day of / , ., before me,
, a/Notary Public in and the State of Iowa, personally
appeared Ernest W. Lehman an.~Vlarian K. Karr, to me F ~ally known, and, who, being by
me duly sworn, did say that ~hey are the Mayor and City ~k, respectively, of the City of
Iowa City, Iowa; that the se/al affixed to the foregoing inst~ ne0~t is the corporate seal of the
corporation, and that the i~fstrument was signed and sealed on ¥1~alf of the corporation, by
authority of its City Co/Jncil, as contained in (Ordinance) (Res~)lution) No.
passed by the City CoLJhcil, on the day of , 19 , and
that Ernest W. Lehma~ and Marian K. Karr acknowledged the exec )n of the instrent to
be their voluntary a,/dt and deed and the voluntary act and deed corporation, by it
voluntarily execut?a.
?
/ Notary Public in and for the ~k~owa
My commission expires:
STATE OF IOWA )
~' ) ss:
JOHNSON COUNTY )
On this
Notary Public in
Dean Oakes, to me
and foregoing
voluntary act and
STATE OF IOWA
JOHNSON COUNTY )
of , 19 , before me, the/u~ersigned, a
for said County, in said State, personally appeared Mic/h~el E. Hodge and
~own to be the identical persons named in and who. o.o~xecuted the within
~.~ and acknowledged that they executl/~ame aI (his/her/their)
Notary Public i/~d for the State of Iowa
) My comm/~n expires:
)ss. ~
On this day of
Notary Public in and for said County,
and Betty Louis, husband and wife
who executed the within and fore
the same as their voluntary act
/
ppdadmin\agt\louiscza.d/~
, 19 , before me, the undersigned, a
State, personally appeared Norwood C. Louis II
)own to be the identical persons named in and
instrOt, and acknowledged that they executed
Notary P~ic in and for the State of Iowa
M :
DEFEATED
Prepared by: Scoff G. Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING
CHAPTER BY CHANGING THE ZONING
DESIGNATION OF 24.12 ACRES LOCATED AT
THE EAST TERMINUS OF HICKORY TRAIL
FROM INTERIM DEVELOPMENT (ID-RS) TO
SENSITIVE AREAS OVERLAY - LOW DENSITY
SINGLE FAMILY RESIDENTIAL (OSA-5).
WHEREAS, the applicant, Plum Grove Acres,
Inc., has requested that the City rezone
approximately 24.12 acres of property located at
the east terminus of Hickory Trail from Interim
Development (ID-RS) to Sensitive Areas Overlay
-- Low Density Single-Family Residential (OSA-
5); and
WHEREAS, the Sensitive Areas Development
Plan associated with this application notes that
environmentally sensitive areas, including a
stream corridor, wooded areas, and regulated
slopes, will be protected; and
WHEREAS, the Planning and Zoning
Commission has recommended denial of the
proposed rezoning due to the existence of a prior
Conditional Zoning Agreement under which the
applicant and City agreed that secondary access
was required prior to further rezoning or platting of
the subject property, the current lack of secondary
access to the property and surrounding
neighborhood, and the necessity of district
planning to ensure orderly, sustainable
development; and
WHEREAS, the City Council recognizes the lack
of secondary access to the property and
surrounding neighborhood, as well as the lack of
district planning in the area, but finds that the
availability of additional residential lots in this
neighborhood outweighs the need for secondary
access to the property and district planning in the
area.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. The zoning
designation for the following described property is
hereby amended from its current classification of
Interim Development (ID-RS) to Sensitive Areas
Overlay - Low Density Single-Family Residential
(OSA-5), and the requirements of the prior
Conditional Zoning Agreement dated April 19,
Ordinance No.
Page 2
1988, regarding the provision of secondary
access prior to further rezoning or platting of the
following described property is hereby released,
as follows:
Beginning at the North quarter corner of
Section 12, Township 79 North, Range 6
West of the Fifth Principal Meridian, Johnson
County, Iowa; Thence S00°10'32"W, along
the East line of the Northwest quarter of said
Section 12, a distance of 333.60 feet;
Thence S89°04'17"W, 659.09 feet to the
Southeast corner of Lot 108 of First and
Rochester, Part 3 as recorded in Book 30 at
Page 60 in the Office of the Johnson County
Recorder; Thence N06°15'43"E, along the
East line of First and Rochester, Part 3, a
distance of 277.70 feet to a point on the
Northerly right-of-way line of Hickory Trail;
Thence Northwesterly, 35.25 feet along said
Northerly right-of-way line along a 385.53
foot radius curve, concave Northeasterly,
whose 35.23 foot chord bears N81°07'09"W;
Thence N11°30'00"E, along said East line,
162.53 feet; Thence N05°00'00"W, along
said East line, 254.63 feet; Thence
N11°39'36"E, along said East line, 251.82
feet; Thence N08°00'00"W, along said East
line, 315.29 feet; Thence N00°00'00"W,
along said East line, 399.07 feet to the
Northeast corner of Lot93 of First and
Rochester, Part 3 and a point on the North
line of the Southeast quarter of the
Southwest quarter of Section 1, Township 79
North, Range 6 West of the 5th Principal
Meridian; Thence N88°26'44"E, along said
North line, 635.22 feet to the Northeast
corner of Southeast quarter of the Southwest
quarter of said Section 1; Thence
S00°32'00"E, along the East line the
Southeast quarter of the Southwest quarter
of said Section 1, a distance of 1,325.33 feet
to said Point of Beginning, containing 24.12
acres and is subject to easements and
restrictions of record.
SECTION II. 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 the final
passage, approval and publication of this
Ordinance as provided by law.
SECTION III. CERTIFICATION AND
RECORDING. After passage and approval of the
Ordinance, the City Clerk is hereby authorized
and directed to certify a copy of this Ordinance for
recordation in the Office of the County Recorder
of Johnson County, Iowa, at the Applicant's
expense, all as provided by law.
SECTION IV. REPEALER. All ordinances
and parts of ordinances in conflict with the provi-
Ordinance No.
Page 3
sions of this Ordinance are hereby repealed.
SECTION V. 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 VI. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of
,1998.
MAYOR
ATTEST:
CITY CLERK
Ap.ovea oR /'"'~/1
It was moved by and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
that the
First Consideration 4/7/98
Vote for passage: AYES: None. NAYS: 0'Donnel],Thornberry,
Vanderhoef, Champion, Kubb~y, Lehman, Norton. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Scott Kugler, Assoc. Planner 410 E.
Washington Street, Iowa City, IA 52240; 319-356-5243
ORDINANCE NO. 98-3828
AN ORDINANCE AMENDING TITLE 14,
CHAPTER 6, "ZONING," ARTICLE E,
"COMMERCIAL AND BUSINESS ZONES,"
SECTION 2, "NEIGHBORHOOD COMMER-
CIAL ZONE (CN-1)" REGARDING SIZE
RESTRICTIONS ON RESTAURANTS.
WHEREAS, the City established the CN-1,
Neighborhood Commercial Zone, to encourage
the establishment of small scale neighborhood
oriented commercial uses within residential
neighborhoods to help meet the day-to-day needs
of neighborhood residents, and
WHEREAS, in order to discourage the
development of uses that are out of scale with
adjacent residential neighborhoods, and to
minimize potential negative impacts of commercial
developments on their surrounding residential
neighborhoods, the CN-1 zone regulations contain
size limits on certain types of uses, including
restaurants, and
WHEREAS, currently, restaurants containing
up to 2,500 square feet of gross floor area are
permitted as provisional uses in the CN-1 zone,
and those exceeding 2,500 square feet require
approval of a special exception, and
WHEREAS, the City Council has determined
that the use of the current standard based on the
gross floor area of the restaurant is not an
appropriate method of measuring the scale or
intensity of a restaurant use and whether it is
appropriate for the CN-1 zone, but rather a
standard based on the occupant load of the facility
would be a better measure of the potential impact
of the restaurant on the surrounding
neighborhood.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. Title 14, Chapter 6, Zoning, Article E,
Commercial and Business Zones, Section 2,
Neighborhood Commercial Zone (CN-1), be
amended as follows:
Ordinance No. 98-3828
Page 2
a. Section 14-6E-2C, Provisional Uses, be
amended as follows:
5. Restaurants, provided the occupancy load
does not exceed 100 for any one restaurant,
and the total floor area allocated to restaurant
use will not exceed twenty percent (20%) of
the total existing or proposed commercial floor
area in a CN-1 zone.
b. Section 14-6E-2D, Special Exceptions, be
amended as follows:
6. Restaurants that exceed an occupancy load
of 100, except the total floor area allocated to
restaurant uses will not exceed twenty percent
(20%) of the total existing or proposed
commercial floor area in a CN-1 zone.
SECTION II. REPEALER. All ordinances and
pads of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION Ill. 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 IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 7th day of
Apri 1 ,1998.
ppdadmin\ord~ I .doc
It was moved by Norton and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
x O'Donnell
X Thornberry
X Vanderhoef
Vanderhoef
that the
First Consideration 3/24/98
Vote for passage:AYES: Kubby, Lehman, Norton, 0'Donnell,
Thornberry, Vanderhoef, Champion. NAYS: None. 'ABSENT: None.
Second Consideration
Vote for passage:
Date published 4/15/98
Hoved by Norton, seconded by Vanderhoef, 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 finally passed
be suspended, the second consideration and vote be waived and the
ordinance be voted upon for final passage at this time. AYES:
Vanderhoef, Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry.
NAYS: None. ABSENT: None.
419 Peterson Street
Iowa City, IA 52245
April 1, 1998
Ernie Lehman, Mayor
and Iowa City Council
City of Iowa City
410 E. Washington St.
Iowa City, Iowa 52240
Dear Mr. Lehman and City Council:
This letter cancerns the request for an exception or amendment to the zoning
restrictions allowing the building and operation of a restaurant at a Scott Court
location.
We strongly object to having another restaurant in the Scott Blvd.-Court St. area.
We do not want increased noise, car & truck traffic, and odors from the restaurant and
traffic so close to families who bought homes in the area expecting to be living in
a quiet, safe, noise-free and odor-free neighborhood. With an increase in business
of this type, there is also a chance of increased crime. There was a recent robbery,
for example, at the Amoco station located---because of an exception to the zone
restrictions~--at Scott Court.
If exceptions and changes continue to be made, why have zoning regulations?
Zoning laws tell property owners what can and can not be done with their property.
However, these laws are meaningless if changes are made by a commission, with the
approval of the city council, whenever someone wants to do something which varies
from the existing ordinance. Today's Iowa City homeowners can never feel secure
about the stability of the neighborhood in which they are living.
Another matter of concern is how residents of an area (zone) can become better
informed about proposed zone changes. Currently, residents are not very well
informed about intended zone changes. Only those who own property within 200 feet
---less than one city block---of where the exception is to take place receive letters
about the suggested change. In this case, it is other business owners and owners of
rental units. Others in the neighborhood are to be informed by a sign placed on the
property of the proposed change. This means others must be taking walks throughout
all of the area in which they live to look for signs from the zoning commission to see if
anyone wants to change the composition of their zone.
Zoning regulations mean nothing if changes can be made whenever someone asks
for it. It takes a little time, but when someone asks often enough and is willing to
compromise a little, the change will be allowed and the zoning law will have meant
nothing. Mayor Lehman and City Council, please prove us wrong about this. Deny
the exception and rule in favor of the PEOPLE WHO LIVE IN THIS AREA.
Sincerely yours,
Karl F. Kuhlmann
Willliam H. Dibbern
~NI(~CHHNA [~) .L~c~ N E D Y
STEVEN C. ANDERSON
K~RSTEN H. FREY
KANDIE K. BRISCOE
KENNEDY, CRUISE, ANDERSON ~ Frey, L.L.P.
LAWYERS
920 s. DUBUOUE STREET - P.O. BOX 2000
~OWA CitY, IOWA
5:=';:>44
Iowa City City Council
city of Iowa City
410 East Washington Street
Iowa City, IA 52240
March 26, 1998
AREA CODE 319
TELEPHONE 351-8i8i
f 351-0605
c !LE$ A. BARKER
~ ~ 2 7 1998
CITY
Re:
Proposed Amendment to the Ordinance Regarding
Restaurants in the CN-1 Zone
Dear Council Members:
I am contacting you regarding the proposed amendment to the
ordinance regarding restaurants in the CN-1 zone. As you know, I
represent Plum Grove Acres, Inc. and I would like to respectfully
request that you expedite consideration of the proposed amendment
to the ordinance. My client is interested in proceeding as
quickly as possible so that we might be able to begin construc-
tion on the proposed development yet this construction season.
I would also like to request that the City Council consider
waiving the administrative fee that will be necessary in order
for my client to file a special exception request with the Board
of Adjustment. As you know, my client has been working with John
and Ada Streit for some time in an attempt to locate a restaurant
on Lot 174, Court Hill-Scott Boulevard Part IX. These attempts
have been frustrated by some ambiguities and problems with the
existing ordinance. In the event that the ordinance is amended
to limit the size of restaurants based upon an occupancy load of
100, my client will need to approach the Board of Adjustment one
additional time to request a special exception. In light of
this, I would respectfully request that the Iowa City City Coun-
cil waive this administrative fee incurred with such a request.
Once again, I sincerely thank you for your time and consid-
eration of these matters. If you have any questions, please
don't hesitate to contact me.
KHF/kas
cc: Bruce R. Glasgow
John Streit
kf9~162b6090
V~ry truly yours,
Kirsten H. Frey
Prepared by: Scott G. Kugler, Assoc. Planner, 410 E.
Washington Street, Iowa City, IA 52240; 319-356-5243
ORDINANCE NO. 98-3829
ORDINANCE AMENDING THE ZONING
CHAPTER BY CONDITIONALLY AMENDING
THE USE REGULATIONS AND THE
APPROVED PRELIMINARY SENSITIVE AREAS
DEVELOPMENT PLAN FOR LOT 51 OF
WALDEN HILLS, A 2.9 ACRE PROPERTY
LOCATED IN THE SENSITIVE AREAS
OVERLAY ZONE (OSA-8) AT THE
NORTHEAST CORNER OF SHANNON DRIVE
AND IRVING AVENUE.
WHEREAS, the applicant, Walden Wood
Associates, II, LLC, has requested that the City
rezone approximately 2.9 acres of property
located at the northeast corner of Shannon Drive
and Irving Avenue by amending the approved use
regulations under the approved sensitive areas
development plan for Lot 51 of Walden Hills; and
WHEREAS, the proposed rezoning will allow
alterations to the plan which will result in a lower
density and an improved streetscape; and
WHEREAS, Iowa Code §414.5 (1997) 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 directly caused by
the requested change; and
WHEREAS, the applicant acknowledges and
agrees that certain conditions and restrictions are
reasonable to ensure that the proposed
development will not negatively impact the
existing residential neighborhood to the east,
specifically by providing for adequate access to
the proposed development and by addressing
neighborhood compatibility through ensuring a
development similar in appearance to that
indicated on plans and elevations submitted by
the applicant; and
WHEREAS, the applicant has agreed to develop
and use this property in accordance with the
terms and conditions of a Conditional Zoning
Agreement to ensure that access and
neighborhood compatibility issues are
appropriately addressed.
NOW, THEREFORE, BE IT ORDAINED BY
Ordinance No. 98-3829
Page 2
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' previously approved
Sensitive Areas Development Plan for the
following described property is hereby amended
as depicted on the revised Sensitive Areas
Development plan associated with this ordinance:
Lot 51, Walden Hills, Iowa City, Iowa, in
accordance with the recorded plat thereof.
SECTION II. 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 the final
passage, approval and publication of this
Ordinance as provided by law.
SECTION III. 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 applicant and the City.
SECTION IV. CERTIFICATION AND
RECORDING. After passage and approval of the
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 County
Recorder of Johnson County, Iowa, at the
Applicant's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and
parts of ordinances in conflict with the provisions
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 7th day of
Apri 1 ,1998. ~,~
CITY CLERK
Attor ey's /
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 .
Norton
O'Donneil
Thornberry
Vanderhoef
Vanderhoef
that the
First Consideration 3/24/98
Vote f or passage: AYES: Champion, Kubby, Lehman, Norton, 0'Donnell,
Thornbert.y, Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
4/15/98
Moved by Thornberry, Seconded by O'Donnell, 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 finally passed be
suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Champion,
Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. NAYS: None.
ABSENT: None.
Prepared by: Scott G. Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5243
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by
Corporation (hereinafter "City),
"Applicant").
and between the City of Iowa City, Iowa, a Municipal
and Walden Wood Associates II, L.L.C. (hereinafter
WHEREAS, the applicant, Walden Wood Associates, II, LLC, has requested that the City rezone
approximately 2.9 acres of property located at the northeast corner of Shannon Drive and Irving
Avenue by amending the approved use regulations under the approved sensitive areas
development plan for Lot 51 of Walden Hills; and
WHEREAS, the proposed rezoning will allow alterations to the plan which will result in a lower
density and an improved streetscape; and
WHEREAS, Iowa Code §414.5 (1997) 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 directly caused by the requested change; and
WHEREAS, the applicant acknowledges and agrees that certain conditions and restrictions are
reasonable to ensure that the proposed development will not negatively impact the existing
residential neighborhood to the east, specifically by providing for adequate access to the proposed
development, and by addressing neighborhood compatibility through ensuring a development
similar in appearance to that indicated on plans and elevations submitted by the applicant; and
WHEREAS, the applicant has agreed to develop and use this property in accordance with the
terms and conditions of a Conditional Zoning Agreement to ensure that access and neighborhood
compatibility issues are appropriately addressed.
NOW, THEREFORE, in consideration of mutual covenants and promises contained herein, the
Parties agree as follows:
Walden Wood Associates II, L.L.P. is the owner and legal title holder of property located
at the northeast corner of Shannon Drive and Irving Avenue, which property is more
particularly described as follows:
Lot 51, Walden Hills, Iowa City, Iowa, in accordance with the recorded plat
thereof.
Applicant acknowledges and agrees that the City wishes to satisfy public needs directly
caused by the requested change by ensuring that the proposed development will not
negatively impact the existing residential neighborhood to the east, specifically by
providing for adequate access to the proposed development, and by addressing
o
o
neighborhood compatibility through ensuring development similar in appearance to that
indicated on plans and elevations submitted by the applicant. Therefore, Owner and
Applicant agree to certain conditions over and above City regulations as detailed below.
In consideration of the City's changing the use regulations by rezoning the subject
property to revise the approved Sensitive Areas Development Plan for Walden Hills,
Applicant agrees that development of the subject property will conform to all of the
requirements of the OSA-8 zone as well as the following additional conditions:
Shannon Drive shall be constructed, dedicated, and accepted by the City to
provide direct vehicular access from Rohret Road to Irving Avenue prior to the
occupancy of any dwellings located on Lots 55-67.
An escrow in an amount equal to 110% of the estimated construction costs of
the extension of Shannon Drive from Rohret Road across Irving Avenue shall be
paid to the City prior to the issuance of any building permits for Lots 55-67, if
said portion of Shannon Drive has not been previously constructed and accepted
by the City.
Prior to the issuance of any building permit for Lots 68-79, Shannon Drive shall
previously be constructed to the north property line of Lot 51, and said
improvements dedicated to and accepted by the City.
do
If any building permits are requested for the development of any dwellings on Lot
51, Walden Hills, (including Lots 55 to 67 per the approved Sensitive Areas
Development Plan for the resubdivision of Lot 51, Walden Hills) prior to the
construction and acceptance of the extension of Shannon Drive as detailed in
subparagraphs a and c above, the existing street connections to the existing
residential neighborhood to the east, namely Irving Avenue and Coil Drive, shall
be barricaded in a manner acceptable to the City and at the cost of the
Applicant, such that construction traffic is discouraged from utilizing streets within
the existing neighborhood for access to the site during development. The
Applicant shall be responsible for maintaining placement of said barricades.
eo
The design and appearance of the dwellings constructed within the development
shall substantially conform to the elevations and illustrations submitted by the
Applicant in association with this rezoning request.
The Applicant acknowledges and agrees that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code § 414.5 (1997), and that
said conditions satisfy public needs which are directly caused by the requested zoning
change.
The Applicant acknowledges and agrees 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.
The Parties acknowledge and agree that this Conditional Zoning Agreement shall be
deemed to be a covenant running with the land and with 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.
Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Applicant from complying with all applicable local, state and
federal regulations.
Dated this
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, this Agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
? day of /~,?~-~ I ,1998.
WALDEN WOOD ASSOCIATES, II, L.L.P.
CITY OF IOWA CITY
Ernest W. Lehman, Mayor
William Happel
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~7 day
Marian K. Karr, City Clerk
, 19 ~]B, , before me,
, a Notary Public in and for the State of
Iowa, personally appeared Ernest W. Lehman and Madan 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 signed and sealed on behalf of the corporation, by
authority of its City Council, as contained in (Ordinance) (Rcsolution) No. ~-.¢~a~ passed
by the City Council, on the ?/~/L. day of ~,¢; [ , 19 ~8, , and that
Ernest W. Lehman and Madan K. Karr acknowledged t~e 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 Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /'7 day of 6/~r.~.. ,4 , A.D. 19 ~/~ , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Myles Braverman to me
personally known, who, being by me duly sworn, did say that he are the in 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 /3q~ft~ .~o-~u~-~_ and Cb),'~\;~m. -FIcT~p~l as such officers
acknowledged-the e)~ecution of said instrument to be the volunt~iry act and deed of said
corporation, by it and by them voluntarily executed.
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /'7 *4 day of ~'t,l~rck
Notary Public in and for said County and State
r'o,1 ~,'~m; ss'~-,-~ ~_~,,-~.~: 3- ?-
, A.D. 19 q.~ , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared William Happel to me personally
known, who, being by me duly sworn, did say that he are the in 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
~.f?;'l?,'a ,~ -,~o..¥T-~I and m~. I~'s~;~,~,~,~,~,¢<n as such officers acknowledged the
execution of said instrument to be t~'~ voluntary act and deed of said corporation, by it and by
them voluntarily executed.
ppdad mingagt\walden.doc
Notary Public in and for said County and State