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Home My WebLink About1996-03-26 OrdinancePrepared by: Charles Denney, Assoc. Planner, City of Iowa City, 410 E. Washington St. Iowa City, IA 52240; (319} 356-5247 ORDINANCE NO. 96-3721 AN ORDINANCE AMENDING THE CONDITIONAL ZONING AGREEMENT FOR THE D&L SUBDIVISION, LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY 1 AND SUNSET STREET WHEREAS, on March 16, 1993, the City Council approved Ordinance No. 93-3563, (hereinafter "Ordinance") rezoning an approximate 19.18 acre property known as the Dane Tract, from County C-2, Commercial and A-l, Rural, to C1-1, Intensive Commercial, a portion of which was subsequently platted and is known as the D&L Subdivision; and WHEREAS, said Ordinance authorized execution of a Conditional Zoning Agreement between the City of Iowa City (City) and Harold John Dane, Jr. and Allegra Dane ("Owners"), which agreement limited development of the subject property; and WHEREAS, Condition 4.b set forth in the Agreement required that an internal circulation system be provided and that access to properties to the north and south also be provided; and WHEREAS, at the time the property was annexed and rezoned the future of the Iowa City Municipal Airport was uncertain; and WHEREAS, the City Council has decided that the Airport will remain in its present location; and WHEREAS, the decision that the Airport will remain in its present location negates the need to provide access to property to the south, that is owned by the Airport; and WHEREAS, the City and Owners now wish to amend the original Conditional Zoning Agreement to eliminate the requirement to provide access to property to the south of the D&L Subdivision, which amended Agreement is attached hereto and incorporated by reference herein. Ordinance No. 96-3721 Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Ordinance 93-3563 and the accompanying Conditional Zoning Agreement are amended by deleting Section 4.b of the Agreement in its entirety and adopting in lieu thereof the following: 4.b) Future development of the Dane tract shall include an internal circulation drive which will provide access to any development on the annexed property, as well as access to the property located north of the Dane tract. This internal drive and access shall be shown on all site plans for future development. SECTION II. AMENDED CONDITIONAL ZONING AGREEMENT, CERTIFICATION AND RECORDING. Following final passage and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and the CiW Clerk to attest, the Amended Conditional Zoning Agreement between the property owners and the City, and after said execution, the City Clerk is hereby directed to certify a copy of this Ordinance and the Amended Conditional Zoning Agreement for recordation in the Office of the Recorder, Johnson County, Iowa, at the Owner's expense, all as provided by law. SECTION I11. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION IV. 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. Ordinance No. 96-3721 Page 3 SECTION V. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 26~h day of March ,1996 ~ 'CiW~r n ey~ee'~_-~ ~ ~ ,~ Ordinance No. 96-3721 Page 4 It was moved by Nnrtnn and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X~ Baker Kubby X .. Lehman X Norton X Novick X . Thomberry Vanderhoef I phman that the First Consideration 3/5/96 Vote for passage: AYES: Vanderhoef, Baker, Kubby, Thornberry. NAYS: None. ABSENT: Lehman. Norton, Novick, Second Considemtion Votefor passage: Date published 4/3/96 Moved by Norton, seconded by Kubby, 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: Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. NAYS: None. ABSENT: None. Prepared by: Charles Dennay, Assoc. Planner, City of Iowa City, 410 E. Washington St., Iowa City. IA 52240; (319) 356-5247 AiVlENDED CONDITIONAL ZONING AGREEMENT This agreement is made by and between the City of iowa City, Iowa, a Municipal Corporation (hereinafter "the City") and Harold John Dane, Jr. and Allagra Dane (hereinafter "Owners"). WHEREAS, Owners are legal title holders of property located east of Highway I and west of the Iowa City Municipal Airport, legally described in Exhibit "A" attached hereto; and WHEREAS, on March 16, 1993 the City of Iowa City approved Ordinance 93-3563 rezoning the approximate 1 9.18 acre tract of property formerly known as the Dane Tract from County C-2, Commercial and A-l, Rural to C1-1, Intensive Commercial, a portion of which was subsequently platted and is known as the D&L Subdivision; and WHEREAS, said ordinance authorized execution of a Conditional Zoning Agreement between the City and the Owners which limited development of the property; and WHEREAS, said Ordinance and Agreement were recorded on March 22, 1993 in Book 1514, Page 205 of the Johnson County Recorder's Office; and WHEREAS, Condition 4.b set forth in said Agreement required that an internal circulation system be provided and that access to properties to the north and south also be provided; and WHEREAS, the City and Owners now wish to amend the Conditional Zoning Agreement to delete the requirement for providing access to property to the south of the D & L Subdivision. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: The parties acknowledge that at the time they entered into the original Conditional Zoning Agreement, the future of the Iowa City Municipal Airport was uncertain and therefore, in order to limit major access points on Highway 1, access to the property to the south was required through the subject property in case the airport moved to another location. The parties further acknowledge that the City Council has decided that the Airport will remain in its present location for some time, negating the need to provide access to the airport through the subject property. The Parties acknowledge that the original Conditional Zoning Agreement required that access be provided to properties both north and south of the subject property. The original Conditional Zoning Agreement dated February 23, 1993 and recorded in Book 151 4, Page 205 of the Johnson County Recorder's Office shall be and is hereby amended by deleting Section 4.b in its entirety and inserting in lieu thereof the following: 2 Future development of the Dane tract shall include an internal circulation drive which will provide access to any development on the annexed property, as well as access to the property located north of the Dane tract. This internal drive and access shall be shown on all site plans for future development. The Parties acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 {1995) and are appropriate conditions required to protect the public safety of both the residents in the area and the community. Owners acknowledge that in the event the subject property is transferred, sold, redeveloped or subdivided, all redevelopment will conform with the terms of this Agreement. The Parties acknowledge that this Amended Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land and shall remain in full force and effect as a covenant running with the title to the land, unless or until released of record by the City. The parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the parties. Nothing in this Agreement shall be construed to relieve the Owners from complying with all applicable, local, state and federal regulations. Nothing in this Amended Conditional Zoning Agreement in any way alters, amends or modifies the original Conditional Zoning Agreement except as set forth above. The Parties agree that the Iowa City City Clerk shall record this Amended Conditional Zoning Agreement in the Johnson County Recorder's Office at Owners' expense. Dated this C'~ ~ day°f l~'-~~j~ APPLICANT H~r<~ld J,ohn D~'ne, Jr: ,,~ , 1996. CITY OF IOWA CITY, IOWA Naomi J.( Novicl~dMa~or ATTEST:Mari~ K. Kerr, Clerk City 3 STATE OF ~ ) ~,1/~.~'o~ ) ss: J~SHNS-~N COUNTY ) On this ~'~;!5.~ day of ~~ ~ , 19~&., before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Harold John Dane, Jr. and Allegra G. Dane, 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. ~ -;,;,,.,. ' _ _ ...~ - ~ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Notary Public lend fo the State of~w~] On this ~.~ ~ day of /~..~ ,1 9 ~/,, , before me, ~;~,~ , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick 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.(Ordinancc).(Resolution) No. ¢]~- $'/;~ / passed by the City Council, on the ~.G ~ day of /V~,~_/-1 , 19 f~, , and that Naomi J. Novick 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. ppdadrntn~da~e cza Notary Public in and for the State of Iowa Februa~ 20,1996 City Council 410 East Washington City of Iowa City, la. Re: Request for expedited consideration for the approval to amend the Conditional Zoning Agreement to eliminate the requirement to continue the access road to the south in D&L Subdivision. Dear Council Members: We are asking for the City Council to consider expedited consideration to amend the Conditional Zoning Agreement to eliminate the requirement to continue the access road to the south. Due to alterations in the March meeting schedule, and the minor nature of this proposal we hope the schedule for adoption can be shortened as much as is allowed by law. The owner John Dane has entered into a purchase agreement for the sale of the two lots involved. The buyer of the lots would like to begin construction as soon as possible. All parties involved would appreciate cooperation in finalizing the transaction. The Planning and Zoning Commission is recommending the approval of the amended Conditional Zoning Agreement and has sent it to you for adoption. Ifthere are any questions please feel free to call me. On behalf of John Dane and myself, we want to thank you for your consideration in this matter. David Larsen D&L Development P.O. Box 383 Wellman, Iowa 52356 319-646-6590