HomeMy WebLinkAbout2004-05-18 Ordinance 4b
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ04-00007)
ORDINANCE NO.
AN ORDINAN APPROXIMATELY 35.05 ACRES FROM DEVELOPMENT PARK
ZONE, RDP, COMMERCIAL ZONE, CO-1, SUBJECT TO FOR PROPERTY ALONG
THE EASTERN DRIVE IN NORTHGATE CORPC
WHEREAS, Southgate ~lopment has applied for a rezoning of a y 35.05 acres of Northgate
Corporate Park, specificall on either side of Northgate Drive, from ~ )ment Park zone, RDP,
to Office Commercial zone, CO-1;
WHEREAS identifies this area as appro r Office Park development; and
WHEREAS, the property was from CO-1 to RDP in 1989 order to attract light manufacturing and
medical research-related firms, not locating in Northgate Corporate Park;
and
WHEREAS, the Planning and lission has reviewed 1 proposed rezoning and has recommended
approval subject to conditions; and
WHEREAS, the conditions recommended ;pecifically a minimum one-acre lot size and
preservation of a 70-foot wide landscaped one side of Northgate Drive, are to ensure the
office park appearance of the property is maintained potential for small neighborhood offices to
relocate there, in order to preserve the office park for hi! business.
NOW, THEREFORE, BE IT ORDAINED BY THE ( NCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL. Subject to the terms and co the Conditional Zoning Agreement attached
hereto and incorporated herein, the property reclassified from Research Development Park
zone, RDP, to Office Commercial zone, CO-1:
Lots 5, 6, 7, 15, 16 and 17 of Highlander First CA of Highlander Second Addition; and all of
Highlander Third Addition as recorded at the Office c County, Iowa.
SECTION II. ZONING MAP. The building official i,, and directed to change the zoning map of
the City of Iowa City, Iowa to conform to this the q3assage, approval and publication of this
ordinance as provided by law~ ~
SECTION 111~3ONDITIONAL ZONING ACRE lENT. Following final p~ssage and approval of this ordinance,
the Mayor is hereby authorized and directed to si, lC and the City Clerk to attar the Conditional Zoning Agreement
between the property owners, the applicant, and the ity of Iowa City. ~
SECTION IV. CERTIFICATION AND R ORDING. Upon Certification a~d recording upon passage and
approval of the ordinance and after executi,~n of the Conditional Zoning Agrei~rnent, the City Clerk is hereby
authorized and d~rected to certify a copy of t~fis ordinance and the Conditional Zonir~ Agreement and to record the
same at the Office of the County Recorder Of Johnson County, Iowa at the owner's expt~nse, all as provided by law.
SECTION IV. REPEALEFL All )fnances and parts of ordinances in conflic~with the provisions of this
Ordinance are hereby repealed. ~
SECTION V. SEVERABILITY. If ' section, provision or part of the Ordinance shall~e adjudged to be invalid
or unconstitutional, such adjudication not affect the validity of the Ordinance as a whole'~r any section, provision
or part thereof not adjudged invalid ~ nstit~ tional. '~
SECTION VI. EFFECTIVE This Ordinance shall be in effect after its final p&~sage, approval and
Passed and approved this __ 20.__
MAYOR
ATTEST:
CITY CLERK
City Attorney's Office
ppdadm/ord/REZO4-O0007.dec
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ04-00007)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 35.05 ACRES FROM RESEARCH DEVELOPMENT PARK
ZONE, RDP, TO OFFICE COMMERCIAL ZONE, CO-1, SUBJECT TO CONDITIONS, FOR PROPERTY ALONG
THE EASTERN PORT'ION OF NORTHGATE DRIVE IN NORTHGATE CORPORATE PARK
WHEREAS, Southgat""e,,Development has applied for a rezoning 35.05 acres of Northgate
Corporate Park, specifically P~(~perty on either side of Northgate Drive Development Park zone, RDP,
to Office Commercial zone, CO~1,; and
WHEREAS, the Comprehen¢~(e Plan identifies this area as apI 'o and
WHEREAS, the property was ~e, zoned from CO-1 to RDP in 1989 in to attract light manufacturing and
medical research-related firms, but th"e~e types of businesses locating in Northgate Corporate Park;
and . ,. . .
WHEREAS, the Planning and Zoning'Commission has reviewed )roposed rezoning and has recommended
approval subject to conditions; and
WHEREAS, the conditions recommendea the specifically a minimum one-acre lot size and
preservation of a 70-foot wide landscaped easement al, one side of Northgate Drive, are to ensure the
office park appearance of the property is I and to mir the potential for small neighborhood offices to
relocate there, in order to preserve the office business.
NOW, THEREFORE, BE IT ORDAINED BY THE JNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL. Subject to the terms ar ditions of the Conditional Zoning Agreement attached
hereto and incorporated herein, the property de is hereby reclassified from Research Development Park
zone, RDP, to Office Commercial zone, CO-1:
Lots 5, 6, 7, 15, 16 and 17 of Highlander First Lot 4A of Highlander Second Addition; and all of
Highlander Third Addition as recorded Recorder of Johnson County, Iowa.
SECTION II. ZONING MAP. The buildir directed to change the zoning map of
the City of Iowa City, Iowa to conform to upon final passage, approval and publication of this
ordinance as provided by law.
SECTION III. CONDITIONAL ZONING ~al passage and approval of this ordinance,
the Mayor is hereby authorized and sign and the Cit' attest the Conditional Zoning Agreement
between the propertI the City of Iowa City.
SECTION IV. CERTIFICATION REDORDING. Upon and recording upon passage and
approval of the ordinance and after of the Conditional reement, the City Clerk is hereby
authorized and directed ff this ordinance and the Conditional ning Agreement and to record the
same at the Office of the County hnson County, Iowa at s'e,,xpense, all as provided by law.
SECTION IV. REPEALER. ordinances and parts of ordinances in cor~ict with the provisions of this
Ordi~~by repealed.~
SECTION V. SEVERABIL ~ If any section, provision or part of the Ordinance st~ll be adjudged to be invalid
or unconstitutional, such adjudi ~1 shall not affect the validity of the Ordinance as a wh(~8 or any section, provision
or part thereof not adjudged id or unconstitutional.
SECTION VI. DATE. This Ordinance shall be in effect after its final ~tassage, approval and
publication, as provided by
Passed and ~ __ day of ,20.__
MAYOR
ATTEST:
CITY CLERK
C ~y'.~tt6r~e~,~ 0 ffi~e
ppdadrn/ord/REZ04-00007 doc
STAFF REPORT
To: Planning & Zoning Commission Prepared by: John Yapp
Item: REZ04-0000X, Northgate Drive East Date: April 15, 2004
GENERAL INFORMATION:
Applicant: Southgate Development Company
P.O. Box 1907
Iowa City, IA 52244
337-4195
Applicant's Attorney: John Beasley
321 Market Street
Iowa City, IA 52245
354-1104
Requested Action: Rezoning from RDP, Research
Development Park, to COol, Office
Commercial
Purpose: To allow office commercial uses in the east
half of Northgate Corporate Park
Location: East half of Northgate Drive
Size: Approximately 35.05 acres
Existing Land Use and Zoning: General offices, medical offices, and a
private school and vacant; RDP
Surrounding Land Use and Zoning: North: Agricultural, IDORP
South: Interstate 80
East: Agricultural, IDORP
West: Commercial, CO-1 and CH-1
File Date: March 18, 2004
45-Day Limitation Period: April 29, 2004
BACKGROUND INFORMATION:
The Applicant, Southgate Development Company, is requesting a rezoning from RDP, Research
Development Park, to CO-1, Office Commercial, for approximately 35.05 acres of property located
in the eastern portion of Northgate Corporate Park. It was rezoned from CO-1 to RDP in 1989, in
anticipation of becoming, according to the 1989 staff report, a Research Development Park that
could attract some light manufacturing businesses, with an emphasis on research and
development in the fields of health and technology.
Southgate Development Company has applied to rezone the area back to CO-1 in order to,
according to the applicant's letter, better suit the uses that are actually desired in today's market.
To date, the Research Development Park has not attracted any light manufacturing or health-
related research and development businesses, although some medical offices have located there.
ANALYSIS:
Comprehensive Plan: This area is part of the Nodh Corridor District, for which a district plan
has not been developed. The Comprehensive Plan states, "The Interstate 80 interchange with
Highway 1 provides one of the few opportunities for office research park development in Iowa
City... Land around this interchange should continue to be preserved for office research park
and Research Development Park opportunities." it is staff's understanding that it has been
difficult to attract research and development firms in this setting.
If this property were rezoned to CO-1, there would remain several hundred acres of territory
zoned ID-ORP around this interchange.
Office Commercial Zone: The Office Commercial zone is intended to provide specific areas
where office functions, compatible businesses, apartments, and certain public and semi-public
uses may be developed. Existing CO-1 zones include Towncrest, the Mercy Hospital area, the
western half of Northgate Corporate Park, and some other small sites. Permitted uses include
any office use, hospitals, meeting halls, medical and dental supply, clubs, etc. Dwelling units
are permitted above or below the ground floor, child/adult daycares are allowed as provisional
uses, and religious institutions are allowed as special exceptions.
The uses permitted in the Office Commercial zone that are not permitted in the Research
Development Park zone include meeting halls, religious institutions, medical and dental supply
stores, hospitals, and some special exception uses including small animal clinics, restaurants,
group care facilities and transient housing facilities. The character of the CO-1 zoning on this
property is likely to be similar to the western half of Northgate Corporate Park, which contains
financial, engineering, and medical offices, a daycare, and other related businesses.
Qne of the concerns staff has had is not wanting to encourage small, neighborhood-oriented
office uses to relocate on the edge of the city. Therefore, staff recommends the 1-acre
minimum lot size currently in place in the RDP zone be maintained, to minimize the chance that
small neighborhood-oriented offices would relocate to this office park. The close proximity of
this office park to the Interstate 80/Highway 1 interchange makes it appropriate for larger,
higher traffic-generating office uses.
Northgate Corporate Park Master Plan: When this property was zoned to RDP in 1989, it was
done according to a master plan meant to help create a unified theme for the development, and to
preserve an office park appearance. These standards were incorporated into private covenants
that were referenced in the Conditional Zoning Agreement establishing the zoning on the property.
With the new zoning code, staff is recommending to eliminate the requirement for a master plan
for office parks, due to the fact that several zoning regulations address most of the issues the
master plan was intended to address, including lighting, tree planting, stormwater management,
and some site design standards.
One aspect of the initial master plan standards staff recommends retaining is the landscaped
parkway and trail parallel to Northgate Drive. This 'parkway' is a 70-foot easement parallel to one
side of Northgate Drive that helps maintain an office park appearance of the Northgate Drive
properties.
Summary: The Northgate Corporate Park has not been able to attract light manufacturing and
research and development firms. The close proximity to the Interstate 80/Highway 1 interchange
and the desire to not encourage small neighborhood-oriented offices to relocate to the edge of the
city leads staff to recommend a minimum 1-acre lot size for this area (all of the existing platted lots
are at least 1 acre in size). Continuing the parkway theme as originally intended ensures the
3
development will maintain the office park appearance originally contemplated, and encouraged in
the Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends that REZ04-00007, a request for a rezoning from RDP, Research
Development Park, to CO-1, Office Commercial, for approximately 35.05 acres of property located
on the eastern portion of Northgate Drive be approved, subject to a Conditional Zoning
Agreement requiring a l-acre minimum lot size for the property and the parkway and wide
sidewalk system laid out for Northgate Corporate Park being maintained.
Approved by: Y~¢-'¢~/-'~¢
Robert Miklo, Senior Planner, Department
of Planning and Community Development
ATTACHMENTS:
1. Location Map
2. Letter from Applicant
ppdadmin\stfrep\no~t hga~e doc
CITY OF IO~:A CITY ~
ORP ' J ID-ORP
~ CH1 ~
SITE LOCATION: Northgato Dri¥o 1:t1::704-00007
SouthGate FILED
200 P AR18 AHII:36
CITY CLERK
lO\gA CITY, IOWA
March 15, 2004
Planning & Community Development
City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240
Iowa City Planning Department: I~o Cil'~ Iowo 52244
Southgate Development is requesting a zoning change for lots 5-7 and 15-17 in Phone 13/91339 9320
Highlander 1st Addition, lot 4A, Highlander 2nd Addiiion and lots 8-14 in Highlander Fo× (319)339-4201
3rd Addition from RDP to CO-1.
As we have discussed before the design criteria for this development is in need of
revision. Many of the original standards set forth in this development are now in
conflict with zoning ordinances that have been created after this area was finalized.
Are discussions also let to conversations abou~ considering placing this develoPment
in a different zoning classification altogether. Northgate Corporate Park is being
developed with businesses different than originally anticipated so it is our desire to
change classification to better suit the uses that are actually desired in today's market.
Southgate has determined that the existing uses in the development will be in
compliance with the requested rezoning.
We therefore request you forward our application on to the Planning and Zoning
Commission for there consideration. If you need any additional information, please
let me know.
Sincerely
Glenn R. Siders
Construction Coordinator
Cc John Beasley
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ04-O0007)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 35.05 ACRES FROM RESEARCH DEVELOPMENT PARK
ZONE, RDP, TO OFFICE COMMERCIAL ZONE, CO-1, SUBJECT TO CONDITIONS, FOR PROPERTY ALONG
THE EASTERN PORTION OF NORTHGATE DRIVE IN NORTHGATE CORPORATE PARK
WHEREAS, Southgate Development has applied for a rezoning of approximately 35.05 acres of Northgate
Corporate Park, specifically property on either side of Northgate Drive, from Research Development Park zone, RDP,
to Office Commercial zone, CO-1; and
WHEREAS, the Comprehensive Plan identifies this area as appropriate for Office Park development; and
WHEREAS, the property was rezoned from CO-1 to RDP in 1989 in order to attract light manufacturing and
medical research-related firms, but these types of businesses have not been locating in Northgate Corporate Park;
and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended
approval subject to conditions; and
WHEREAS, the conditions recommended by the Commission, specifically a minimum one-acre lot size and
preservation of a 70-foot wide landscaped parkway easement along one side of Northgate Drive, are to ensure the
office park appearance of the property is maintained and to minimize the potential for small neighborhood offices to
relocate there, in order to preserve the office park for higher generating business.
NOW, THEREFORE, BE IT ORDAINED BY 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 herein, the property described below is hereby reclassified from Research Development Park
zone, RDP, to Office Commercial zone, CO-1:
Lots 5, 6, 7, 15, 16 and 17 of Highlander First Addition; Lot 4A of Highlander Second Addition; and all of
Highlander Third Addition as recorded at the Office of the County Recorder of Johnson County, Iowa.
SECTION II. ZONING MAP. The buitding official 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 property owners, the applicant, and the City of Iowa City.
SECTION IV. CERTIFICATION AND RECORDING. Upon certification and recording upon 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 and to record the
same at the Office of the County Recorder of Johnson County, Iowa at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or pad 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 unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of ,20
MAYOR
ATTEST:
CITY CLERK
Appro_v,cd by ~
~;ity ~,ffome~/'s'Office '
ppdadm/o rd/R EZ04-O0007.doc
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ04~00007)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Rebeka Machado Berstler, Hartwig OMS Holdings, L.L.C., Liberty
Growth II, L.C., Preucil School of Music, Southgate B P Property, L.L.C.,, and Northgate One,
L.L.C., (hereinafter "Owners"), and Southgate Development Company, Inc. (hereinafter
"Applicant"); and
WHEREAS, Owners and Applicant are the legal titleholders of approximately 35.05 acres of
property located on the along approximately the eastern half of Northgate Drive, more
specifically described below; and
WHEREAS, the Applicant has requested the rezoning of said property from Research
Development Park zone (RDP) to Office Commercial zone (CO-1); and
WHEREAS, the Planning and Zoning Commission has determined that, with preserving the
minimum 1-acre lot size and the 70 foot-wide landscaped parkway easement already in place
along Northgate Drive, the rezoning to Office Commercial for these properties is appropriate;
and
WHEREAS, Iowa Code §414.5 (2003) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owners and Applicant acknowledge that certain conditions and restrictions are
reasonable to maintain the existing Office Park appearance of Northgate Corporate Park, and to
ensure appropriate-sized businesses for a highway-oriented Office Park; and
WHEREAS, Owners and Applicant agree to use this property in accordance with the terms and
conditions of a conditional zoning agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Rebeka Machado Berstler, Hartwig OMS Holdings, LL.C., Liberty Growth II, L.C.,
Preucil School of Music, Southgate B P Property, L.L.C.,, and Northgate One, LL.C. are
the legal title holders and Southgate Development Company, Inc. is the applicant for a
rezoning of the property described as follows:
Lots 5, 6, 7, 15, 16, and 17 of Highlander First Addition; Lot 4A of Highlander Second
Addition; and all of Highlander Third Addition, as recorded at the Office of the County
Recorder of Johnson County, Iowa.
2. Owners and Applicant acknowledge that the City wishes to preservethe appearance of
Northgate Corporate Park as a highway-oriented Office Park. Further, the parties
acknowledge that Iowa Code §414.5 (2003) provides that the City of Iowa City may
impose reasonable conditions on granting an applicant's rezoning request, over and
above the existing regulations, in order to Satisfy public needs caused by the requested
change. Therefore Owners and Applicant agree to certain conditions over and above
City regulations as detailed below.
ppda dm/aglJREZ04-00007 doc 1
3. In consideration of the City's rezoning the subject property, Owners and Applicant agree
that development of the property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. If the property is resubdivided in the future, there shall be a minimum 1-acre lot area
requirement.
b. The 70 foot-wide landscaped parkway and wide sidewalk easement, as depicted and
described on the subdivisions Highlander First Addition, Highlander Second Addition,
and Highlander Third Addition, as recorded in the Office of the Recorder of Johnson
County, Iowa, will remain in place.
c. The Owners, Applicant and City acknowledge that the conditions contained herein
are reasonable conditions to impose on the land under Iowa Code §414.5 (2003),
and that said conditions satisfy public needs that are caused by the requested zoning
change.
d. The Owners, Applicant and City acknowledge that in the event the property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the
terms of this conditional zoning agreement.
e. 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 with title to the land unless or until release of record
by the City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and
bind all successors, representatives, and assigns of the parties.
f. Applicant acknowledges that nothing in this conditional zoning agreement shall be
construed to relieve the Owners or Applicant from complying with all other applicable
local, state, and federal regulations.
g. 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.
Dated this day of ,2004.
CITY OF IOWA CITY SOUTHGATE DEVELOPMENT CO., INC.
Ernest Lehman, Mayor
ppdad r~a gt/REZ04~0007 .doc 2
Attest: REBEKA MACHADO BERSTLER
Marian K. Karr, City Clerk
Approved by: HARTWIG OMS HOLDINGS
Attorney's Office
LIBERTY GROWTH II, L.C.
PREUCIL SCHOOL OF MUSIC
SOUTHGATE B P PROPERTY, L.L.C.
NORTHGATE ONE, EEC.
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , A.D. 20 , before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman
and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
pcdadrNagt/REZ04-00007.doc 3
SOUTHGATE DEVELOPMENT COMPANY, INC. ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of ,20 , before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared , to me personally
known, who being by me duly sworn, did say that the person is one of the partners of
Niffenegger Family Trust, an Iowa General/Limited Partnership, and that the instrument was
signed on behalf of the partnership by authority of the partners; and the partner acknowledged the
execution of the instrument to be the voluntary act and deed of the partnership by it, and by the
partner voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
INDIVIDUAL ACKNOWLEDGEMENT
STATE OF IOWA )
) SS;
JOHNSON COUNTY )
On this day of ,20 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Rebeka Machado
Berstler, to me known to be the identical person named in and who executed the within and
foregoing instrument, and acknowledged that she executed the same as her voluntary act and
deed.
Notary Public in and for the State of Iowa
My commission expires:
HARTWIG OMS HOLDINGS, L.L.C. ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this __ day of ., A.D. 20 , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared
, to me personally known, who being by me duly sworn,
did say that the person is (title) of Hartwig OMS Holdings,
L.L.C., and that said instrument was signed on behalf of the said limited liability company by
authority of its managers and the said acknowledged the execution of
said instrument to be the voluntary act and deed of said limited liability company by it voluntarily
executed.
Notary Public in and for the State of Iowa
My commission expires:
ppdadm/agt~REZO4-O0007.doc 4
LIBERTY GROWTH II, L.C. ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this __ day of , A.D. 20 , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared James Peterson
, to me personally known, who being by me duly sworn,
did say that the person is (title) of Liberty Growth II, L,C.,
and that said instrument was signed on behalf of the said limited liability company by authority of
its managers and the said acknowledged the execution of said
instrument to be the voluntary act and deed of said limited liability company by it voluntarily
executed.
Notary Public in and for the State of Iowa
My commission expires:
PREUCIL SCHOOL OF MUSIC ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this __ day of , A.D. 20 , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Chester Pelsang, to me personally
known, who being by me duly sworn, did say that the person is
(title) of Preucil School of Music, and that said instrument
was signed on behalf of the said limited liability company by authority of its managers and the said
acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company by it voluntarily executed.
Notary Public in and 'for the State of Iowa
My commission expires:
ppdadm/ag~REZ04-000OT.doc 5
SOUTHGATE B P PROPERTY, L.L.C. ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this __ day of , A.D. 20 , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Terri Morrow, to me personally known,
who being by me duly sworn, did say that the person is
(title) of Southgate B P Property, L.L.C., and that said instrument was signed on behalf of the said
limited liability company by authority of its managers and the said
acknowledged the execution of said instrument to be the voluntary act and deed of said limited
liability company by it voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
NORTHGATE ONE, L.L.C. ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , A.D. 20 , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Terri Morrow, to me personally known,
who being by me duly sworn, did say that the person is
(title) of Northgate One, L.L.C., and that said instrument was signed on behalf of the said limited
liability company by authority of its managers and the said
acknowledged the execution of said instrument to be the voluntary act and deed of said limited
liability company by it voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
ppdadm/agFREZ04-00007.doc 6
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, tA 52240; 319-356-5247 (REZ04-00002)
ORDINANCE NO. 04-4127
AN ORDINANCE REZONING APPROXIMATELY 24.1 ACRES FROM INTERIM DEVELOPMENT
RESIDENTIAL ZONE (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (RS-5),
SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED ON SOUTH SYCAMORE STREET
EAST OF SOUTHPOINT SUBDIVISION
WHEREAS, Mike Roberts has applied for a rezoning of approximately 24.1 acres of property from ID-
RS to RS-5; and
WHEREAS, said property is located on the east side of South Sycamore Street, south of Stanwyck
Drive, and east of the Southpoint subdivision; and
WHEREAS, the South District Plan identifies the area this property is in as appropriate for single family,
residential development; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has heard
public input, and has recommended approval subject to conditions; and
WHEREAS, the conditions recommended by the Commission are related to funding future Sycamore
Street improvements, access, and subdivision design considerations, in order to ensure the neighborhood
design principles in the South District Plan are addressed.
NOW, THEREFORE, BE IT ORDAINED BY 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 herein, the property described below is hereby reclassified from Interim
Development Residential Zone (ID-RS) to Low Density Single-Family Residential zone (RS-5):
Commencing at the Northwest Corner of the Southwest Quarter of the Southeast Quarter of
Section 23, Township 79 North, Range 6 West of the 5th P.M. Thence S00°36'54"E, along the
west tine of Southwest Quarter of the Southeast Quarter of said Section 23, a distance 100.01
feet, to the Point of Beginning; Thence N88°34'07"E, 1028.47 feet; Thence Southeasterly, 85.80
feet, along an am of a 100.00 foot radius curve, concave Southwesterly, whose 83.19 foot chord
bears S66°51'04"E; Thence S42°16'14"E, 136.48 feet; Thence S00°43'02"E, 651.65 feet; Thence
Southwesterly, 97.44 feet, along an arc of a 375.00 foot radius curve, concave Northwesterly,
whose 97.17 foot chord bears S06°43'36"W; Thence S88°32'10'NV, 1184.20 feet, to a point on
the west line of said Southeast Quarter; Thence N00°36'54'NV, along said west line 886.63 feet,
to the Point of Beginning. Said tract of land contains 24.12 acres, and is subject to easements
and restrictions of record.
SECTION I1. 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 by law.
SECTION Ill. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional
Zoning Agreement between the property owners, the applicant, and the City of Iowa City.
SECTION IV. CERTIFICATION AND RECORDING. Upon 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 and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner'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 unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Ordinance No. 04-4127
Page 2
Passed and approved this 18thdayof May ,20 04 ·
CITY CL EI~K
Approved.by
Cit~h'Attorne~s (~fice
O~inance No. 04-4127
Page 3
It was moved by £hampi on and seconded by Va nderhoef that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
First Consideration 4/20/04
Voteforpassage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef,
Wilburn, Bai'le.y. NAYS: None. ABSENT: None.
Second Consideration 5/4/04
Voteforpassage: AYES: Baile.y, Champion, E]liott, Lehman, 0'Donne]l, Vanderhoef.
NAYS: None. ABSENT: Wilburn.
Date published 5/26/04
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ04-00002)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Mike Roberts Construction (hereinafter "Applicant"), and Niffenegger
Family Trust (hereinafter "Owner"); and
WHEREAS, Owner is the legal titleholder of approximately 24.12 acres of property located on
the east side of Sycamore Street south of Stanwyck Drive; and
WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property
from Intedm Development Residential zone (IDRS) to Low-Density Single-Family Residential
zone (RS-5); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding access, construction vehicle access, funding of future Sycamore Street
improvements, and subdivision design provisions, the timing of the rezoning is appropriate and
the single-family residential zoning is in conformance with the South District Plan; and
WHEREAS, Iowa Code §414.5 (2003) provides thai the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property does not cause a direct traffic impact on
South Sycamore Street before it is funded for improvement, does not attract excessive
construction-related traffic through residential streets, contributes to the future reconstruction of
South Sycamore Street, and generally conforms to the neighborhood design principles of the
South District Plan and Comprehensive Plan; and
WHEREAS, Owner and Applicant agree to use this property in accordance with the terms and
conditions of a conditional zoning agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Niffenegger Family Trust is the legal title holder and Mike Roberts Construction is the
Applicant for a rezoning of the property legally described as follows:
Commencing at the Northwest Corner of the Southwest Quarter of the Southeast
Quarter of Section 23, Township 79 North, Range 6 West of the 5th P.M. Thence
S00°36'54'E, along the west line of Southwest Quarter of the Southeast Quarter of said
Section 23, a distance 100.01 feet, to the Point of Beginning; Thence N88°34'07"E,
1028.47 feet; Thence Southeasterly, 85.80 feet, along an arc of a 100.00 foot radius
curve, concave Southwesterly, whose 83.19 foot chord bears S66°51'04"E; Thence
S42°16'14"E, 136.48 feet; Thence S00°43'02"E, 651.65 feet; Thence Southwesterly,
97.44 feet, along an arc of a 375.00 foot radius curve, concave Northwesterly, whose
97.17 foot chord bears S06°43'36"W; Thence S88°32'10"W, 1184.20 feet, to a point on
the west line of said Southeast Quarter; Thence N00°36'54'~/V, along said west line
886.63 feet, to the Point of Beginning. Said tract of land contains 24.12 acres, and is
subject to easements and restrictions of record.
2. Owner and Appli.cant acknowledge that the City wishes to ensure appropriate residential
development that conforms to the principles of the Comprehensive Plan and South
District Plan. Further, the parties acknowledge that 10wa Code §414.5 (2003) provides
that the City of Iowa City may impose reasonable conditions on granting an applicant's
rezoning request, over and above the existing regulations, in order to satisfy public
needs caused by the requested change, including provisions for funding of the adjacent
arterial street, access to the property, and subdivision design principles. Therefore
Owner and Applicant agree to certain conditions over and above City regulations as
detailed below.
3. In consideration of the City's rezoning .the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning chapter, as well as the following conditions:
a. The subdivider is required to contribute toward the cost of improving South
Sycamore Street at a rate of $2,894.68 per acre of property as it is final platted. Said
funds will be deposited with the City of Iowa City prior to the first occupancy permit
being issued for any lot in any final plat on this property.
b. Up to 29 lots may be platted with access to Gable Street before a second access to
Sycamore Street is required for further development to occur. After the 29 lots with
access to Gable Street are developed, a connection to Sycamore Street is required
before additional lots are platted.
c. No direct access to Sycamore Street will be permitted until the reconstruction of
South Sycamore Street adjacent to the subject property is in a funded year in the
City's capital improvements program.
d. The property owner and/or subdivider shall dedicate 45 feet of property from the
centerline of South Sycamore Street as right-of-way for South Sycamore Street,
along the property's frontage with South Sycamore Street.
e. To the extent possible, construction vehicle access shall be from South Sycamore
Street, except during times when heavy vehicles are embargoed on South Sycamore
Street. The developer/subdivider shall make every effort to communicate this to
individual builders accessing the property.
f. To fulfill neighborhood design principles in the South District Plan and
Comprehensive Plan, the following conditions shall apply to the subdivision design
for the property:
i. Street connections to the north (at Stanwyck Drive), west (at Dickinson Lane),
and south are required; and
ii. At least 300 feet of public frontage along the Sycamore Greenway Trail is
required; and
iii. A sidewalk connection from the northeast of the property to the Sycamore
Greenway Trail is required.
4. The Owner, Applicant, and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code §414.5 (2003), and that
said conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner, Applicant, and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the
terms of this Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that th'is agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this /~ day of April, 2004.
NIFFENEGGER FAMILY TRUST
TERRY ~IClJ~EL ROBERTS, d/b/a
Attest: MIKF: ROBI=RTS CONSTRUCTION
Mari~l(: Karr, City Clerk '~e~ry };~f~ehael Roberts
Approved by:
Cit~'Att~~
ppciad rNagtJcza-niffen egger doc 3
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~'4~ day of ~/~-~/ , A.D. 20 O4 , before me, the
undersigned, a notary public in and for tl~ state of Iowa, personally appeared Ernest W. Lehman
and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
o~, SONDRAE FORT
~ ~ '~ Commission Number 159791
· .~ · My Commission Exp ms ,
~ -:~- '7- o ~ Notary Public in and for the State of Iowa
My commission expires:
NIFFENEGGER FAMILY TRIJ~;T ACKNOWLEDGEMENT:
STATE O F'~A )
~COUN~ )
On this /~ day of ~ K ,20 ¢~', before me, the unde~igned, a No~w Public in
and for the State of Iowa, pe~onally appeared ~,~ ~ ~J. ~¢~¢9~, to me pe~onally
known, who being by me duly sworn, did say that Be peBon is ~e of the pa~ne~ of
Niffenegger Family Trust, an Iowa General/Limited Pa~nership, and that the instrument was
signed on behalf of the pa~ership by authori~ of the padners; and the pa~er acknowl~ged the
execution of the instrument to be the volunta~ act and deed of the padne~hip by it, and by the
padner voluntarily executed.
~'~ Commi~ion¢1384800 [ ~wCub~ic~n~fortheStateo~.
~/ Solano County
............ L My commission expires:
THIS FORM, CONSULT YOUR LAWYER
STATE OF IOWA , COUNTY OF JOHNSON , SS:
On this O~ day of Apr~.l , 2004 , before me, the undersigned, a Notap/ Public in and for
sa}d State, personally appeared Terr~ ~Schael Roberts , to mo known to
~e the person named in and who executed the fore~oin~ instrument, and acknowledged that
exacut~ the sam~ as (his)
/ ~ -~ , Nota~ Public in and for said State.
Acknowledgment: For use in the case of natural pemons a~ing in their own right
5
Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE
CITY CODE, TO DECREASE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA
AND TO INCREASE THE FEE ASSOCIATED WITH CHECKS RETURNED FOR
INSUFFICIENT FUNDS.
WHEREAS, pursuant to Chapter 384, Code of Iowa (2003), the City of Iowa City is authorized to establish
and provide for the collection of rates to pay for the City's utility systems, including the City's water supply and
treatment system; and
WHEREAS, water rates were increased in 2000 to generate adequate revenues to pay the estimated costs
of operation, maintenance, necessary expansion and debt service for the City's potable water supply and
treatment system; and
WHEREAS, the bid for construction of a new water supply and treatment facility and distribution system was
less than projected; and
WHEREAS, present water rates will result in unnecessarily large reserves and can safely be reduced without
harming the financial condition of the City of Iowa City Water Division, both shod and long term; and
WHEREAS, the Iowa City City Council proposes to decrease water user fees by 5% for billings on or after
July 1, 2004 to adequately finance the City's water supply and treatment facility and distribution system; and
WHEREAS, the Iowa City City Council proposes to increase the fee to customers for processing checks
returned for insufficient funds from $10.00 to $15.00.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF iOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4, Section 3, entitled "Potable Water Use and Service," of the
City Code is hereby amended by:
a. Repealing the subsection entitled '~Vater Service Charges" in Section 3-4-3 and substituting
the following in lieu thereof:
Amount of Fee, Charge,
Bond, Fine or Penalty
Water Service Charges Meter Size July 1, 2004
(14-3A-4) (inches) Charge
Minimum monthly user 5/8 6.75
charges for water service % 7.37
for the first 100 cubic feet 1 8.69
or less of water used, 1% 17.34
based on meter size 2 23.30
3 43.06
4 75.13
6 151.t7
The minimum charges for larger meters will be based on comparative costs to a 6" meter. The minimum
monthly charge for an account holder who furnishes and maintains the meter at the account holder's cost will
be based on the minimum for a 5/8 inch meter, regardless of the size.
There will be no minimum monthly charge for a single-purpose water meter for the months of November to
March if no water is used.
Ordinance No.
Page 2
Monthly July 1, 2004
Usage Charge
(Cu. Ft.)
Monthly user charges 101 to 3.15
for water in excess of 3,000
100 cu. ft. per month cu.ft.
for dual purpose water
meters
Over 2.26
3,000
cu.ft.
Single-purpose meter Over 100 3.15
charges for water
in excess of 100 cu. ft.
per month
Returned check/ 15.00
automatic bank debit
for payment of city
utility services
Discount for combined 1.00
accounts enrolled in
SurePay, per billing
SECTION I1. REPEALER. All ordinances and pads of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION II1. SEVERABILITY. If any section, provision or pad 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 unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, to be collected as set forth in §14-3A-4, City Code.
Passed and approved this __ day of ,2004
MAYOR
ATTEST:
CITY CLERK
Ap/~ved by
City Attorney's Office
Date
fi nadrn'~rd\wat er fee04 .doc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilbum
First Consideration 5/4/04
Voteforpassage: AYES: Vanderhoef, Bailey, Champion, Elliott, Lehman, O'Donnell.
NAYS: None. ABSENT: Wilburn.
Second Consideration 5/18/04
Voteforpassage: AYES: Champion, El]tort, Lehman, 0'Donnel], Vanderhoef,
Wilburn, Bailey. NAYS: None. ABSENT: None.
Date published