HomeMy WebLinkAbout1996-06-11 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p.m. on she 4th day of June,
1996, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
An ordinance amending the Zoning Chapter
by conditionally rezoning a 2.32 acre tract
from I-1, Industrial, to C1-1, Intensive Com-
mercial, for property located east of Sunset
Street on the south side of Highway 1.
Copies of the proposed ordinance are on file for
public examination in the office of the City
Clerk, Civic Center, Iowa City, Iowa. Persons
wishing to make their views known for Council
consideration are encouraged to appear at the
above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
Prepared by: Scott G
Assoc!ate Planner, 410 E. Washington St.,
, IA 52240; (319) 356-5243
CONDITIONAL ZONING AGR
THIS AGREEMENT
& Co. (hereinafter "A
City, a Municipal
by and between Wisdom
icant"), the Ruppert family (her
· ation (hereinafter "City").
ament Group Inc. and Brannan
~fter "Owner") and the City of Iowa
WHEREAS, Owner and
located east of
industrial, to C1-1, intensi~
)licant have requested
and west of the
commercial; and
City rezone approximately 2.32 acres
Municipal Airport, from I-1, general
WHEREAS, the [ ~osed re: ,ng is compatil: ~vith the adjacent intensive commercial zoning
and development Ic property; and
WHEREAS, Iowa Code §41
reasonable conditions on
regulations, in order to satisf'
(1 995)
that the City of Iowa City may impose
rezoning request, over and above existing
directly caused by the requested change; and
WHEREAS the City has a policy to ] eserve and enhance the entrances to Iowa City, Iowa;
and
WHEREAS Highway 1 is the pr
rance to Iowa City from the southwest; and
WHEREAS Owner and Appli~
reasonable to ensure appropr'
on this entrance to the city.
develc
~dge that certain conditions and restrictions are
md to lessen the impacts of the development
WHEREAS, Owner and
terms and conditions of t
of this property.
~licant have
)nal Zonin
to use this property in accordance with the
teemerit to ensure appropriate development
NOW, THEREFORE
follows:
:onsideration of mutual
ses contained herein the Parties agree as
The Rupp
southwe:
particu
family is the owner and legal
side of Highway 1 northeast of
described as follows:
holder of property located on the
Street, which property is more
Commencing at the Southwest Corner of th
of Section 16, Township 79 North, Range
Principal Meridian; Thence N89°42'40"E,
of Said Southwest Quarter, 492.70 feet, to
the Southeasterly Right-of-Way Line of Iowa
(One), in accordance with the Warranty Deed
Book 547, at Page 203, of the Records of the Jo~
Recorder's Office, and the Point of Beginning;
;outhwest Quarter
of the Fifth
the South Line
~ction with
hway No. 1
rded in Deed
County
Thence
2
N36o24'25"E,
Lirr
of
Sout?
land c*
feet;
along said Right-of-Way Line, 364.8(:
nce S56°50'23"E, 215.22 feet, to a Point
Limits Line of the Existing Iowa City Airport Clear for
#12; Thence S61 °21 '56"E, along said y
Line, 359.51 feet, to its intersection with the Line
Southwest Quarter; Thence S89~42'40"W said
.712.24 feet, to the Point of Beginning. of
2.32 acres, more or less and is s~ act to ease-
restrictions of record.
The [
Plan, to ~
and acknowledge
circumstances.
,ledge that Iowa City has a policy,
I enhance tl
this policy is reasonable
; stated in the Comprehensive
Owner and Applicant agree
and appropriate under the
The parties
Owner and Ap[
this rezoning request and
regulations in order
hway 1 is a primary
e that the Ci'
herefore, agrees
~ the impact
Iowa City from the southwest.
's policy concerning entrances governs
~in conditions over and above City
~pment on the surrounding area.
In order to ~:
to assure the c~
traffic conflicts in the area
surrounding area, Owner and
property will conform to the
southwest entryway to the City,
escribed land so as to minimize
~sen the impact of the development of the
~t agree that the development of the subject
~g conditions:
The development of the s
onto Highway 1.
access drives from ad
property shall have no direct vehicular access
subject property shall be through the existing
~erties.
Development of th~ subject
compatible with cu
frontage road runn from the
development. access
adequate prol
subject
future develo
~erty shall include an access easement
~es to allow the eventual connection of a
tothe northeast to the Westport Plaza
shall be configured such that it allows
ocated to the north and south of the
This access easemE shall be shown on all site plans for
No outdoor
auto vehic
feet
the
in hei
locate
bed
of merchandise or mat al, except for that associated with
~ sales and plant nurseries and 'ist shops, shall occur within 100
hway 1 right-of-way. eas located beyond 1 O0 feet of
right-of-way shall be ~ a solid wall at least six feet
A planted landscape bed a minimur of 15 feet in depth shall be
adjacent to any such wall between the ~nd the Highway 1 right-of-
no parking or paving shall be allowed within the 1 5 foot landscape
docks and receiving areas shall not be located on any wall facing
hway 1. Loading docks in other locations which are visible from Highway
shall be screened in accordance with applicable preformance standards.
3
10,
All parking rows shall be terminated with a landscape bed a miqlmum of nine
feet in depth. The landscape bed shall be planted with parking I~t trees which
may count towards the parking area trees otherwise required b~ City ordinanc-
es. /~ ,
No more than one free-standing sign shall be permitted on/~e subject property.
;ignage is to be lighted, it shall be internally illuminated.
h, Th~
shall be a 30-foot setback from the Highw~
shall be landscaped with ground cover sue
than sidewalks shall be allowed witl"
right-of-way, which
as grass. No parking or
30-foot setback.
The Owner
property 3it a development concept
Community prior to development.
Community Develo ~ent shall review and
criteria listed above. Director may
modifications to the ~ria listed above,
satisfy the intent of the teria. Decisions of 1
Council after review and by the
~pplicant agree that every devel¢ on the subject
)artmerit of Planning and
Director of Planning and
the concept plan based on the
a concept plan containing minor
the modifications substantially
y be appealed to the City
and Zoning Commission.
The Owner and Applicant
reasonable conditions to
said conditions satisfy public
change.
hat the conditions contained herein are
Iowa Code §414.5 (1995), and that
caused by the requested zoning
The Owner and Applicant ackno~
transferred, sold, redeveloped, or
terms of this Conditional Zonin
ge that in the event the subject property is
ded, all redevelopment will conform with the
The parties acknowledge his
be a covenant running with land and
full force and effect as a running
release of record by the The Parties
shall inure to the benefit, bind
Parties,
Zoning Agreement shall be deemed to
he title to the land, and shall remain in
the title to the land unless or until
acknowledge that this Agreement
representatives and assigns of the
Owner and
shallbe
local, state
;knowledge that nothing
Owner or Applicant fror
regulations.
nditional Zoning Agreement
;omplying with all applicable
The parties ag
reference into
publication ¢
Recorder's
that this Conditional Zoning
Ordinance rezoning the subject prol
he Ordinance, this Agreement shall be re
,hall be incorporated by
:hat upon adoption and
~ the Johnson County
4
Dated this day of
CITY OF
, 1996.
IPINC
By:
Naomi J. Novick,
By:
Michael
President
BRANNAN & CO.
By:
rate J. Brannan, President
Attest:
Marian K. Karr, City Clerk
Approved by
By:
RUPPERT FAMILY
;EMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of
Notary Public in and
and
did say that they a~
(no seal has
sealed) on
of its Board
as such off
deed of s~
/
,A.D.
State of Iowa, I:
, to me personall
and
I the within and foregoing
by the said) corporation; that
the seal affixed thereto is the seal of
and that the said
acknowledged the execution of said
corporation, by it and by them voluntarily e
, before me, the undersigned, a
oeared
who, being by me duly sworn,
· respectively, of
~ich this is attached, that
d instrument was signed (and
said corporation by authority
and
to be the voluntary act and
Notary Public in and for s~id County and State
5
OWNER ACKNOWLEDGEMENT
STATE OF )
) ss:
JOHNSON
On this
Notary Public in
the within and fore
acknowledged that
property owners upon the
of , 19
;aid County, in said State,
be the identical
instrument as the owner
they) executed the same
authorization of all s~
before me, the undersigned, a
leared
named in and who executed
above-described property, and
s the voluntary act and deed of the
owners.
Notar blic in and for the State of Iowa
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Or~ this day of
· a Not~
appeared Naomi J. Novick and
me duly sworn, did say that they
Iowa City, iowa; that the seal affix
corporation, and that the instrumE
authority of its City Council, as c¢
by the City Council, on the
Naomi J. Novick and Marian K.
voluntary act and deed and
executed.
Ma
day of
~rr acknowled
voluntary act
EMENT
· 19 , before me,
in and for the State of Iowa, personally
to me personally known, and, who, being by
and City Clerk, respectively, of the City of
instrument is the corporate seal of the
sealed on behalf of the corporation, by
Resolution) No. passed
, 19 , and that
execution of the instrument to be their
d of the corporation, by it voluntarily
~-otary Public in a~ for the
State of Iowa