HomeMy WebLinkAbout2004-06-01 Ordinance
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Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240: 319-356-5240 (REZ04-00008)
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING
DESIGNATION OF 8.07 ACRES FROM RESIDENTIAL MEDIUM DENSITY SINGLE-FAMILY
(RS-8) TO OVERLAY PLANNED DEVELOPMENT HOUSING MEDIUM DENSITY SINGLE-
FAMILY RESIDENTIAL (OPDH-8) AND APPROVING A PRELIMINARY OPDH PLAN FOR
PROPERTY LOCATED SOUTH OF WHISPERING MEADOWS AND WEST OF
SADDLEBROOK.
WHEREAS, the property owner, The Saddlebrook Meadows LLC, has requested a rezoning to
allow the development of a mix of single-family, zero-lot line, townhouse and duplex dwellings; and
WHEREAS, the Planning and Zoning Commission has found that the proposed Planned
Development Overlay (OPDH-8) plan provides many design features encouraged by the South District
Plan including common open space, a variety of housing designs, front porches; and
WHEREAS, the Planning and Zoning Commission has found that the plan uses alleys and housing
design techniques to minimize curb cuts and the visual dominance of garages and front yard paving as
recommended by the Comprehensive Plan for medium and higher density developments; and
WHEREAS, the Planning and Zoning Commission found the preliminary OPDH plan to be in
conformance with the Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed
preliminary OPDH plan, including variations from the underlying RS-8 zoning to allow a mix of single-
family, zero-lot line, townhouse and duplex dwellings; and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and
Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL The property described below is hereby reclassified from its current zoning
designation of medium density single family residential (RS-8) to Overlay Planned Development Housing
Medium Density Single-Family Residential (OPDH-8) and the associated preliminary OPDH/planned
development housing plan is hereby approved:
A portion of Auditor's Parcel #2003096 lying in the NW 1/4 NW 1/4 Section 25, T, 79N, R6W, of the
5th P.M., Johnson County, Iowa, described as follows:
Commencing at a concrete monument found marking the NW Corner of said Section 25; thence
N88°21'05"E - 627.56 feet along the north line of said NW 1/4 NW 1/4 to the Point of Beginning of the
Parcel herein described: thence N88°21 '05"E - 605.86 feet to the northeast corner of said Auditor's
Parcel #2003096: thence SOoo09'02"E - 590.76 feet along the east line of said Auditor's Parcel
#2003096; thence S89°50'58'W - 603.04 feet; thence N00009'02'W - 474.96 feet: thence N01°38'55'W
- 100.00 feet to the Point of Beginning. Said Parcel contains 8.07 acres.
SECTION II. VARIATIONS. Section 14-6J-2-D-7 of the City Code provides that combinations of land
uses are permitted and variations in building setback and lot area requirements may be approved for
planned developments, and Section 14-6J-2-B of the City Code provides for flexibility in architectural design,
placement and clustering of buildings, use of open space, traffic circulation and parking, and related site and
desi9n considerations. The following waivers are approved as part of the Preliminary OPDH Plan:
a. The RS-8 minimum lot width and minimum lot area requirements are reduced for certain lots as
shown on the preliminary OPDH plan; and
b. The minimum pavement width for Blazing Star Drive is reduced from 28 feet to 26 feet.
SECTION III. ZONING MAP. The building 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 IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed
to certify a copy of this ordinance and a copy of the Preliminary OPDH Plan for this property, and record the
same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final
passage, approval and publication of this ordinance, 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.
- -
Page 2
Ordinance No.
SECTION VII. 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
APprovedtZ D !7'Zúlor-
£¿ ~ ~'J-~
City Attorney's Offi e
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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
Wilburn
First Consideration 6/1/04
Vote for passage: AYES: Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Ell iott. NAYS : None. ABSENT: None.
Second Consideration
Vote for passage:
Date pUblished
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STAFF REPORT
To: Planning & Zoning Commission Prepared by: Robert Miklo
Item: REZ04-00008, Saddlebrook Meadows, Date: May 6,2004
Part 1
GENERAL INFORMATION:
Applicant: Saddle brook Meadows, L.L.C.
Contact Person: Brenda Nelson
112 West Fifth Street
West Liberty, IA 52776
(319) 627-6818
Requested Action: Rezoning from RS-8 to OPDH-8
Purpose: To allow the construction of 18 single-
family homes, 3 duplexes, 20 zero-lot line
dwellings and 6 townhouses.
Location: South of Whispering Meadows and west of
Saddlebrook Manufactured Housing
Development.
Size: 8.07 acres
Existing Land Use and Zoning: Vacant, RS-8
Surrounding Land Use and Zoning: North: RS-8, residential
South: RS-8, vacant
East: RFBH, residential
West: RS-8, vacant
Comprehensive Plan: Residential duplex and small-iot single-
family
File Date: April 14, 2004
45-Day Limitation Period: May 27, 2004
SPECIAL INFORMATION:
Public Utilities: Municipal water and sewer service are
available to serve this property.
Public Services: Police and fire services will be provided by
the City. Refuse collection will be provided
by the City.
2
BACKGROUND INFORMATION:
The Saddlebrook development was annexed into the City in 1994. The annexation and zoning of
this property was subject to a Conditional Zoning Agreement (CZA). The major conditions of the
CZA specified that the applicant would provide for wetland protection and mitigation; construction
of a trail network; dedication or payment of fees for neighborhood open space and dedication of a
school site. The subject area was zoned RS-8, Medium Density Single-Family at that time. The
applicant is now requesting a planned development housing overlay over the existing RS-8 zoning
to allow the development of single-family homes, duplexes and townhouses. The OPDH request
is necessary because the lot area and lot widths are smaller than what would be ailowed in a
standard RS-8 neighborhood.
ANALYSIS:
Comprehensive Plan: The Comprehensive Plan indicates that this property and adjacent
properties within the Saddlebrook development are appropriate for small-lot single-family and
duplex development. The current RS-8 zoning classification ailows single-family homes on lots
of 5,000 square feet with a 45-foot lot width. The RS-8 zone also allows duplexes on lots
containing 8,700 square feet and a lot width of 45 feet. The RS-8 zone also allows zero-lot line
dweilings and townhouses provided that each lot contains 5,000 square feet of lot area and is a
minimum of 45 feet wide. The applicant is proposing a reduction in lot width and lot area to
ailow the dwelling units to be built on smaller and narrower lots. The applicant is proposing a
common open space and the use of aileys to provide vehicular access to the smaller lots.
The purpose of the PDH overlay zone is to ailow flexibility in the use and design of structures
and land in situations where conventional development may be inappropriate and where
modifications of requirements of the underlying zone will not be contrary to the intent and
purpose of the zoning ordinance, inconsistent with the Comprehensive Plan or harmful to the
surrounding properties. It is the intent of the PDH overlay to promote efficient land use with
smailer utility and street networks, provide for flexibility in architectural design, preservation of
landscape feature and open space and to promote an attractive and safe living environment
compatible with surrounding residential developments. As discussed in more detail below, staff
finds that in general the proposed OPDH plan meets the intent of the OPDH zone, the
Comprehensive Plan and the RS-8 zone.
As noted the Comprehensive Plan identifies this area as appropriate for smail-lot single-family
homes. As shown on the preliminary OPDH plan Type I lots will contain zero lot line single
family dwellings. These are two single-family homes that are attached at the lot line so they
may have the appearance of being a duplex but are actually separate dwelling units on
individual lots. For the Type I lots the applicant is not requesting a reduction in lot width or lot
area.
Three Type II lots are proposed with each containing a duplex. These lots meet the 45-foot lot
width but contain only 7,989 to 8,259 square feet (approximately 250 to 700 feet less lot area
than the 8700 square feet required for a duplex in the RS-8 zone). Therefore a reduction of lot
area is necessary as part of the OPDH approval for these three lots.
A total of 18 Type III lots are proposed for zero lot line single-family houses. On these lots the
applicant has proposed placing the house on one of the lot lines. This wiil ailow for a 10 to 14
foot wide side yard between houses on one side rather than two 5- foot side yards on each side
of a house. In essence the side yards are being combined on one side to make one more
usable side yard for each of the dwellings. These lots again require a reduction in lot width
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3
from 45 feet to between 34 feet and 40 feet, and reduction of minimum lot area from 5000
square feet to as small as 3910 square feet.
Type IV lots will contain a total of 6 townhouse units. In order for these units to be approved, the
OPDH plan will include a reduction in lot width and lot area from the normally required 5000
square feet to allow lots as small as 2300 square feet. A reduction of minimum lot width from
45 feet to as narrow as 20 feet has also been requested.
The lots on the south and west sides of Blazing Star Drive, the north side on Pinto Lane and the
east side of Whispering Meadow Drive are served by alleys. As noted in the Comprehensive
Plan and the South District Plan the use of alleys is encouraged for lots with narrower lot width.
The use of alleys allows for elimination of most driveways and curb cuts on to the streets,
provides for more space for landscaping between the public street and the housing units and
provides more room for on-street parking spaces. In general this design provides for more of a
residential appearance to be presented to the streets and is more "pedestrian friendly" because
the sidewalk is not crossed by driveways.
To further accomplish the goals of the Comprehensive Plan the applicant has submitted
building elevations illustrating a variety of façade designs for the narrow lot zero lot line homes.
These designs, as well as the duplexes and townhouses, feature front entry porches. With the
exception of the 8 Type I A lots, all of the zero lot line homes, which do not have alley access,
feature designs that minimize the prominence of the garages and emphasize the residential
appearance of the buildings. The garages are generally located fiush with the front of the
dwelling and constitute only 50% of the façade. Entry porches are used to emphasize the
residential aspect of the buildings. Although the Type I A lots have forward protruding garages,
they will be set back between about 30 to 50 feet from the street so that the garages will not
define the streetscape.
The applicant has proposed an approximately 15,000 square foot private common open space
in the center of the block located between Whispering Meadow Drive and Blazing Star Drive.
This area will be maintained by a homeowners association and will provide for additional off
street parking areas as well as a recreational area for the development's residents.
Streets and Secondary Access: The proposed streets in the development will consist of
Whispering Meadow Drive, a collector street. Because Whispering Meadow Drive in the
Whispering Meadows Subdivision is already established in a 66-foot right-of-way as a 36-foot
wide street, that right-of-way width and street width is being continued to its southern terminus
at Pinto Lane. Pinto Lane is being shown as a 28-foot wide street in a 60-foot right-of-way. East
of Blazing Star Drive, Pinto Lane becomes a private street 24-feet wide. It essentially will serve
as a western entrance to the Saddlebrook manufactured housing development.
Blazing Star Drive connects Pinto Lane to Whispering Meadow Drive. The applicant has
requested that the street be 26-feet in pavement width, located within a 50-foot right-of-way,
rather than the standard 28 feet. This street is unique in that the units on one-side of the street
will be served by an alley and will contain no driveways. Therefore there will be more on street
parking available on this street than found in a typical new subdivision where curb cuts for
individual lots limit the amount of on-street parking.
The OPDH regulations do not allow the reduction of street width unless a sensitive area
planned development is required and the street width is being reduced to minimize disturbance
of an environmentally sensitive area or the street is a private street. That is not the case here.
Therefore, a 28-foot wide pavement is required unless the OPDH zoning requirements or the
subdivision regulations are amended to allow a reduction in street width in circumstances such
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4
as this. Although a draft of the new subdivision regulations has not been completed, staff is
considering a proposal to allow local streets in limited situations to be as narrow as 26 feet in
width. If the Commission feels that a 26-foot wide street is appropriate in this development, staff
will prepare an amendment of the OPDH regulations to allow a 26-foot wide public street in
cases similar to this for consideration at your next meeting. If the street pavement width is
reduced, parking should be limited to one side of the street.
Due to lack of secondary vehicular access, a Conditional Zoning Agreement placed a limit of
416 total dwellings units within the existing Saddlebrook Development. The connection of
Whispering Meadow Drive and Pinto Lane will provide a means of secondary access to the
larger Saddlebrook Development and therefore will allow more of the previously approved
dwelling units in Saddlebrook to be built. As future phases of the RS-8 area are developed
additional points of access will be provided from the east/west arterial street which is planned in
the southern part of the Saddlebrook development.
Neighborhood Open Space: The Neighborhood Open Space Ordinance requires the
dedication of 16,500 square feet of public open space or payment of fees in lieu of open space
for a development of this size. The Parks and Recreation Commission has indicated that open
space dedication for the Saddlebrook development should occur in the far western portion of
the RS-8 zone where it can be added to the Sycamore Greenway. At the time this property is
subdivided, the legal papers should specify this.
Mitigation Plan: The CZA for Saddlebrook requires that a mitigation plan be submitted for
each phase of the development to show how the wetlands will be protected from storm water
runoff. When the preliminary plat for this property is submitted an update of the mitigation plan
will be required with the storm water calculations.
Conditional Zoning Agreement: Another aspect of the CZA that has not yet been satisfied is
the school site location. The CZA requires that a school site be reserved for a period of 15
years from the signing of the agreement. If the Iowa City School District has not begun
construction of a school on the property by the end of the 15-year period, the property reverts
back to Saddlebrook. The 15 period will end in August 2009. Although the property subject to
this rezoning is not appropriate for the school site, as further development of the RS-8 area
progresses, the School District, applicant and the City will need to determine the appropriate
school site or the School District will need to relinquish its right to a school location within this
development.
Summary: In staff's opinion, the applicant has made use of the neighborhood design policies of
the Comprehensive Plan to create a more dense yet well designed and "pedestrian friendly"
development plan. In this case the OPDH regulations are not being used just to increase
density but are meeting the intent of the Comprehensive Plan and the OPDH zone to produce
innovative design and to create usable common open space. Some of the conditions required
by the CZA will need to be addressed with the plat of this property.
STAFF RECOMMENDATION:
Staff recommends that the rezoning of 8.07 acres from RS-8 to OPDH-8 and the preliminary
OPDH plan for Saddlebrook Meadows Part 1 be approved including reduction of lot width and
lot area as noted on the plan and subject to approval of a code amendment permitting reduction
of public street widths in OPDH's.
5
ATTACHMENTS:
1. Location map
2. Preliminary OPDH Plan
3. Building elevations
4. Applicant's statement
Approved by: ?/fVaä/'
Jeff Davidson, Assistant Director
Department of Planning and Community Development
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SITE LOCATION: Saddlebrook Meadows, Part 1 REZ04·00008
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A port.lon of Auditor's Parc.el #2003Qqb c.vrrenl Zoning, R5-ð ./ r
1~ln9 In the NH 1/4 NH 1/4 Section 25, T. '1q
N., R. b Y-I", of the: 5th P.M., .Johnson County, Dct'l$lb. Golc.vlollon$. RO"" 253"~1 f
I d 'h-d f II Area (mlntJ5 street GI"Id all~ 'v = ,"1<;.1 5...
OWCI, eSGf"'Il..J'Ç> 05 0 QW5: 253.Q6115,OOO(mln. RS-ð lof size) = 50 units
Commenc.lng at a c..onc.rete morument found max. dens.lly = 50 unIts = ð,b \XI1!s. / oc:re
marking the NH Corner of 50id Section 25,
thence NbB'21'05"E - 62'156 feet along Pcop05ed """"Iy = 50 ""~.
the north line of 50ld NH 1/4 NH 1/4 to the EJvlld"9 hI'''' I A """ I 6 _11 be InlecGhongeoble.
Point of Beginning of the PorGel herein All T~ fll bvllcfÞnq5 snoll be Inte,.c.nongeable ¡.., ith
described: other T~ III txlllarngs.
thence NBB'21'05"E - 605.e.6 feet to the
northeast Gorner of sold Avditor's Parcel L""'tlon Mop ~
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thence SOO'OQ'02"E - 5QO.'16 feet along <>Gole, I' = ðO'
the east. line of 50ld Auditor's ParGel Apr'U 14,2004
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thence NOO'OQ'02'H - 4'14.Q6 feet;
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805 S. Gilbert St. Iowa City la. 52240 1- I
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Ph: 319-354-1961 Fax: 319-351-0070
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NE 8 acres mil of auditors parcel 2003096. Saddlebrook Meadows Part I GI': )
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Statement of Intent:
It is the intention of Saddlebrook Meadows, LLC to rezone the NE 8 acres mn of auditors parcel 2003096, now to be known as
Saddlebrook Meadows Part I, fi'om its current RS-8 zoning to a PDH-8 zoning.
Description of Development: ,
Saddlebrook is a 320 acre development located on Heinz Rd. on the SE side oflowa City. Currently there are 4 different zones in the
development plus 160 acres of preserved wetlands. Lot I is The Triple Crown Condominiums which is 156 quality built, affordable
condo units selling for a base price of under $90,000. Lot 2 is The Mane Gate Apartments, 60 luxury apartments focusing on non-
student residents who live and work in the Iowa City area. Both of these lots are zoned RM-20.
Lot 3 and parts of/ot 4 and 6 is The Paddock and is approximately 80 acres zoned RFBH. Lot 3 includes a 4,000 sq. ft. clubhouse that
serves all of the residents of Saddle brook plus 54 mini-storage units. Lots 4 and 6 are currently platted for 220 manufactured home
sites.
Lot 5 is the Belmont Townhomes which is 26 townhome units currently under construction. These units are all 2-story and range in
price fi'om $135,000-$155,000. This lot is zoned PDH-12
Part or lots 4 and 6, plus lots 7 and 8 is the Clubhouse Condos, a recently approved 16 acre PDH-12 consisting of 27 duplex units, 2 4-
plex units and 2 8-plex units for a total of 78 units.
This concept plan, Saddlebrook Meadows Part I, is for part of 62 acres that sits directly west of The Paddock. This concept plan area
is approximately 8.07 acres, and contains 18 single-family homes, 13 duplex units and 6 attached single-family homes for a total of 50
residential homes.
A common open space is provided in the center of the concept plan, as well as direct access to the Saddlebrook trail system.
The 18 single-family homes and the 6 attached single-family homes will be 2-story, with an attractive fi'ont porch entry facing a public
street. Garages and driveways will be accessed fi'om alleys located behind the homes.
The 6 attached single-family homes are located on the comer ofthe 2 main public streets and also provide an attractive streetscape and
alley access to the garage.
3 of the duplexes will have the look ofa single family home and be located on the comer lots. They also will have alley access to their
garage to maintain a consistent public streetscape.
The remaining 10 duplex units will provide a transition fi'om the current neighborhood designs to the north and east where back yards
are the social area for families to this more traditional design where alleys are utilized to make fi'ont porches and the common open
space the focus of community social activities.
A trail is located along the East boundary line of this project and connects into the existing Whispering Meadows trail systems and the
existing Saddlebrook trail system.
Each home will be professionally landscaped, include at least I tree, and the open space will contain 4 additional trees.
All streets are public streets except the alleys which will be privately owned and maintained by the homeowners association.
All owners of units in this concept plan will have full rights to all of the Saddlebrook amenities, including the Clubhouse and the many
activities that are part of the Saddlebrook Community.
Saddlebrook Meadows, LLC
805 S. Gilbert St. Iowa City la. 52240
Ph: 319-354-1961 Fax: 319-351-0070
NE 8 acres mil of auditors parcel 2003096. Saddlebrook Meadows Part I
Intended time schedule for completion
Upon approval of the project, it is the intention of the developers to start the project immediately. Iufi'astructure work will begin in the
fall of 2004 and be complete by the spring of2005. Building of the homes will begin in the spring of2005. Homes should be ready for
sale by the fall o£1005. It is expected that this project will have a 4 year absorption, thus the project should be complete by fall of
2009.
Statement as to why zone change is warranted
The vision of the Saddlebrook Development continues to be to provide to its residents a real sense of community through diversity and
amenities, value in their housing choice and a lifestyle that is unique in the Iowa City Area. This current site plan proposal fits that
vision very well.
The current zoning ofRS-8 on this site would allow single-family, duplex, O-lot line and townhome style housing with a minimum lot
size of 5,000 sq ft. per unit. We have not exceeded these allowable uses with this plan yet we were able to accomplish what we feel is
an improvement to the diversity and community feel of the neighborhood.
Our site plan allows for a good diversity of product, fi'om an up-down duplex that would be perfect for a single owner to live in 1 unit
and use the other unit for elderly family members or for anyone looking for economical housing to a nice 2-story family home with a
common play area adjacent to their back yard. The streetscape is very pedestrian fi'iendly with garage access located behind most of
the homes. The open space will allow for many uses by the families living in the area. Traffic coming fi'om Whispering Meadows to
the north or The Paddock to the east will be encouraged to use Whispering Meadows Drive and Pinto Lane through design thus
keeping all but local traffic fi'om Meadow Drive.
We feel this design allows us to continue to enhance the community created by the Saddlebrook Development. By utilizing the PDH
zoning code and working diligently with City Staff we were able to use alleys to create pedestrian fi'iendly streets, diversity our
housing types, maintain affordability, allow for a common open space and design traffic flow to keep vehicles on the collector streets
and away fi'om the center of neighborhoods.
Thank you for the consideration of our request.
Steve Gordon
General Manager
AM Management
Saddlebrook Meadows, LLC
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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 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
reiocate 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 building 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 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 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
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ppdadmlord/REZ04-00007.doc
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REl04-00007)
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, LLC., Liberty
Growth II, L.C., Preucil School of Music, Southgate B P Property, L.LC." and Northgate One,
LLC., (hereinafter "Owners"), and Southgate Development Company, I nc. (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, LLC., Liberty Growth II, LC.,
Preucil School of Music, Southgate B P Property, L.LC." and Northgate One, LLC. 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 Hi9hlander First Addition; Lot 4A of Hi9hlander 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 preserve the 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.
ppdadmlagUREZ04-00007.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
ppdadm'agUREZ04-00007.doc 2
- "-----_.~_.~-----
Attest: REBEKA MACHADO BERSTLER
Marian K. Karr, City Clerk
Approved by: HARTWIG OMS HOLDINGS
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Attorney's Office
LIBERTY GROWTH II, L.C.
PREUCIL SCHOOL OF MUSIC
SOUTHGATE B P PROPERTY, L.L.C.
NORTHGATE ONE, L.L.C.
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:
ppdadrnlagVREZ04-00007.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
Niffene9ger 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 , AD. 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:
ppdadmlagUREZ04-00007.doc 4
~ -_--._-~-- ----- ---__"___0.____----- -..-- ------
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 Grow1h II, LC.,
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 , AD. 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:
ppdadmlagtfREZ04-00Q07.doc 5
.._0-
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, LLC., 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 , AD. 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, LL.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:
ppdadf'TllagUREZ04-00007.doc 6
l' iC;
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Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053
ORDINANCE NO. 04-4128
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 suppiy 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 short 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 1. 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 "Water 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/" 6.75
charges for water service :y. 7.37
for the first 100 cubic feet 1 8.69
or less of water used. 1Y. 17.34
based on meter size 2 23.30
3 43.06
4 75.13
6 151.17
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.
- _n______ -------."....-
Ordinance No. 04-4128
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 bUling
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. 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 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.
.lllnp ,2004
ATTEST:/Jf?:./·_--J i-: ~AA )
CITY CLERK
ArYlÂ:) .W
City Attorney's Office
~-tf -tJt(
Date
finadm\ord\walerfee04.doc
- -...- ---- _.__._-------_._._-~---~-----_...._.._.-
Ordinance No. 04-4128
Page ~
It was moved by Vanderhoef and seconded by Ba il ey 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 Wilburn
First Consideration 5/4/04
Vote for passage: A YES: Vanderhoef, Bailey, Champion, Elliott, Lehman, O'Donnell.
NAYS: None. ABSENT: Wil burn.
Second Consideration 5/18/04
Vote for passage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef,
Wilburn, Bailey. NAYS: None. ABSENT: None.
Date published 6/9/04
--.......-,.. . ...--- _______._.'....__________-. _ . ___.,.____". __ __·,,_,·_.,w.___.·_·'___~_'~M~" _.,'_'.__...____. .-.- ---.-. --.