Loading...
HomeMy WebLinkAbout2004-06-15 Public hearing 4-) ~, ~\ p ~ NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 15th day of June, 2004, in Emma J. Harvat Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk: at which hearing the Council will consider: 1. An ordinance rezoning approximately 3,72 acres from Community Commercial (CC-2) zone to Public (P) zone for property located south of Mall Drive. 2. An ordinance rezoning 10 acres from Interim Development MultiFamily/Historic Preservation Overlay (ID-RM/OHP) zone to Interim Deveiopment Single Family/Historic Preservation Overlay (ID-RS/OHP) zone for property located at 2460 S. Gilbert Street. 3. An ordinance amending the Zoning Code, Section 14-6J-2, to allow consideration of the reduction of local public streets in a Planned Development Housing Overlay (OPDH) zones. Copies of the proposed ordinances and resolutions are on file for public examination in the office of the City Clerk, City Hall, 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: Tokey Boswell, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5Z30 (REZ 04-00010) ORDINANCE NO. AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 3.72 ACRES FROM CC-2, COMMUNITY COMMERCIAL, TO P, PUBLIC, FOR PROPERTY LOCATED SOUTH OF MALL DRIVE. WHEREAS, the property at Mall Drive, owned by the Iowa City Community School District, is currently zoned CC-2, Community Commercial; and WHEREAS, Section 14-61-7B requires that land owned by a governmental entity shall be zoned P, Public; and WHEREAS, the Iowa City Community School District has requested the rezoning of this parcel of property from its current zoning designation to Public (P); and WHEREAS, the zoning classification P, Public, serves as a notice function to those owning or buying land in proximity to publicly owned land. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The parcel described below is hereby reclassified from its current zoning designation of CC-2, Community Commercial, to P, Public: Lots 1 through 9, a resubdivision of Lot 5, and a portion of Lots 4 and 6 of a resubdivision of a part of Lot 4 of Ohls Subdivision, Iowa City, Iowa in accordance with the plat thereof recorded in Plat Book 34, page 248, of the records of the Johnson County Recorder's Office. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same at the office of the County Recorder of Johnson County, Iowa, 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 ,2004. MAYOR ATTEST: CITY CLERK Approved by l{~C-r t,(4!&1 CIty Attorn y's Office Ppdadm/ord/malldrive.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 Wilburn First Consideration 6/15/04 Vote for passage: AYES; Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published . ---........-..,-..- .- .._-~_.-----.--~_..-. , ,¡ ,. / .. , '_/ STAFF REPORT To: Pianning & Zoning Commission Prepared by: Amanda Cline, Planning Intern Item: REZ04-00010, Iowa City Community Date: May 20, 2004 School District GENERAL INFORMATION: Applicant: Iowa City Community School District Contact Person: Dwight Dobberstein 111 E. College Street Iowa City, IA 52240 Phone: 319-338-7878 Requested Action: Zone Change to P (Public) Zone Purpose: To build Alternative High School Location: South side of Mall Drive Size: 3.71 acres Existing Land Use and Zoning: CC-2 (Community Commercial) Surrounding Land Use and Zoning: North: 1-1 Industrial South: CC-2 Commercial East: CC-2 Commercial West: CC-2 Commercial File Date: April 23, 2004 45 Day Limitation Period: June 7, 2004 BACKGROUND INFORMATION: The Iowa City School District has purchased this property and intends to build a public school on the site. The zoning ordinance requires that government owned property be zoned Public (P). Publicly owned land is exempt from most zoning regulations. -~.'.-.- '- .--- --..-----..'--- - - -~_.__.----_._~~-_._----------- n -...-- 2 ANALYSIS: Section 14-61-7B of the Zoning Ordinance states that land acquired by the government of the United States, the State or a political subdivision thereof, shall retain its existing zoning designation until such time as the Zoning Map is amended to designate such land a Public Zone pursuant to Section 14-6U-6. The P, Public, designation serves as a notice function to those owning or buying land in proximity to publicly owned land, which is not ordinarily subject to the regulations of the Zoning Chapter. The Iowa City Community School District has requested this rezoning to bring the property into compliance with Section 4-61 of the Zoning Ordinance. STAFF RECOMMENDATION: Staff recommends approval of the REZ04-00010 the rezoning of 1528 Mall Drive from Community Commercial (CC-2) to Public (P). ATTACHMENT: Location Map Approved by: ~4h' Robert Miklo, Senior Planner, Department of Planning and Community Development -- -- -----..--., -- -"'-'---"--'--'-- -_.~_.--- CITY OF IOWA CITY .~ ~ ~,. ~' ¿~ f----~I I I I I I~I I I I I~II II I I~I "'nm 'O"ML»'" Ì'.' _ I i_"r=rTrIJ"nTTTlœrrTTHcnTHi'i ~= I ,,_ ,,-~-é' I - at::ftS1.2J~DllJ:1êWJJ:=:l~UJ.J::I~ ~ tn tne---- r Ì'-- ~ ;:::r':.c:::: ~ ~iH ï II H BIB []}Ij rng ~~ ~ fëO:; : ~ x-~c-- ~~ [[Jij BIB EITB tjEJj I 1111 1 II T Jª~m~~ 11 ~[][]] H f ¡:r:JR8I:J~~~ ]EB FHFR Ì'--\' 'l f- ~;It BEJ rn ~ me- !t=iJ~EtlEfj t:O~ ~ 'J .-1~rJtT BRADFORDDR.\Æ 'C ~Elli: _= . ~~ Southeast e--\-. ~~ ~ ~ I-- - ~~/ ...... Mark Twain ~ = <:) ~ "" 1/ ~ School - ";;; ~ ~ I - "-P. _ ~ h P Sf' ucr cr t= CC2 "'0 (\~s' ,"'- "\ ~ I .I 11 I I = ~ cJ r-J/ .J J II I \ I '" ) F· ~ ~ I Station Proctor SITE LOCATION: Mall Drive REZ04-00010 ~ Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ04-00011) ORDINANCE NO. AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 10 ACRES FROM ID-RM/OHP, INTERIM DEVELOPMENT MULTIFAMILY RESIDENTIAU HISTORIC PRESERVATION OVERLAY, TO ID-RS/OHP, INTERIM DEVELOPMENT SINGLE FAMILY RESIDENTIAUHISTORIC PRESERVATION OVERLAY, FOR PROPERTY LOCATED AT 2460 SOUTH GILBERT STREET. WHEREAS, the applicants, Don and Lori Cochran, has requested that said property be rezoned from ID-RM/OHP, Interim Development Multifamily Residential/Historic Preservation Overlay, to ID-RS/OHP, Interim Development Single Family Residential/Historic Preservation Overlay; and WHEREAS, th~ proposed zoning change conforms with the South District Plan; and WHEREAS, within the ID-RS zone, this property may be subdivided into two five-acre lots; and WHEREAS, the Planning and Zoning Commission recommended approval of the proposed rezoning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. 1.The property described below is hereby reclassified from its present classification of ID-RM/OHP, Interim Development Multifamily Residential/Historic Preservation Overlay, to ID-RS/OHP, Interim Development Single Family Residential/Historic Preservation Overlay. Beginning at the center of Section 22, Township 79N, Range 6 West of the Fifth Principal Meridian, Johnson county, Iowa, thence west a distance of 292.7 feet to the center of Gilbert Street; thence south 28 degrees east, a distance of 622.91 feet; thence east, a distance of 645.9 feet; thence north, a distance of 550 feet to the north line of the southeast quarter of said Section 22, thence west, a distance of 645.65 feet to the point of beginning, containing 10 acres, more or less, subject to the right-of-way of the road. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and dir€)cted to certify a copy of this ordinance and to record the same at the office of the County Recorder of Johnson County, Iowa, 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 ,2004. MAYOR ATTEST: CITY CLERK Approved by .~ (.p/1(O~ ppdadrrv'ordI2460 s gilbert.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 6/15/04 Vote for passage: NAYS: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: Nöne. Second Consideration Vote for passage: Date published STAFF REPORT To: Planning & Zoning Commission Prepared by: Shelley McCafferty Item: REZ04-00011 Date: May 20, 2004 GENERAL INFORMATION: Applicant: Don and Lori Cochran 64 Edgewood Circle Iowa City, IA 52245 Owner: Michael and Christine Anderson 14682615'" Avenue Mapleton, MN 56065 Requested Action: Rezoning from ID-RM/OHP, Interim Development Multifamily/Historic Preservation Overlay, to ID- RS/OHP, Interim Development Single Family/Historic Preservation Overlay Purpose: To allow a 10-acre lot to be divided into two 5-acre lots Location: 2460 S. Gilbert Street Size: 1 0 acres Existing Land Use and Zoning: Commercial, residential; CC-2 Surrounding Land Use and Zoning: North: ID-RM, Undeveloped South: CC-2, Community Commercial East: OPDH-8, Planned Housing Development West: P, Public park Comprehensive Plan: Historic property, Single-family File Date: May 10, 2004 45 Day Limitation Period: BACKGROUND INFORMATION: The applicant, Don and Lori Cochran, contract buyers for the property, is request the rezoning of approximately 10 acres from ID-RM, Interim Development Multifamily, to ID-RS, Interim Development Singie Family. The area under consideration is the historic McCollister Homestead which is located at 2460 S. Gilbert Street. This property is listed on the National Register of Historic Places and has been designated a local landmark. There is currently a historic house, dilapidated historic barn and several outbuildings on the property. The Cochrans intends to sell the historic house and 5-acres of the property to a party that plan to rehabilitate it. The applicants have indicated their intent to redevelop the remaining half of the property as a planned development sometime in the future. Any redevelopment on this property will have to be ..- _.~._.- -"-...-...- - _________n_.___..__ ._--------_.._--_._.._---_.._..,._-~.,..._. - 2 approved by the Historic Preservation Commission. ANALYSIS: The intent of the ID zone is to provide a for areas of managed growth in which agricuiturai and other nonurban uses of land may continue until which time essential services may be provide and urban development may occur. The ID zoning should generally reflect the future planned land use for a property. This property is currently not serviced by City sewer. The applicants are working with public works regarding required improvements and consultants deveioping a planned development. The minimum lot size in the ID zone is 10-acres. However, a special provision for the ID-RS zone allows one single-family dwelling on lots of 5-acres or more. This provision does not apply to the ID-RM zone. The applicant would like to rezone the property to ID-RS to allow the property to be subdivided into two 5-acre parcels. This rezoning will not change the Historic Preservation Overlay (OHP) zoning on this property. The party that has agreed to purchase the historic house and 5-acres of the lot, would like to take possession of the property as soon as possible so they may proceed with rehabilitating the property. This rezoning will enable future subdivision of the property and the transfer of ownership. Given the deteriorated condition of this historic landmark, and the public interest in the property, staff feels that rehabilitation should proceed as soon as possible to prevent further damage. The ID zone provides only limited development rights and is intended to reflect the future use of the property. This rezoning will not allow any change in use. The only potential increase in intensity of use under the ID-RS zone would be one additional single-family dwelling. Any further development will require another rezoning of the property. The South District Plan recommends single-family residential use in the area surrounding this property. Rezoning the property to ID-RS will more accurately reflect the intent of the comprehensive plan. STAFF RECOMMENDATION: Staff recommends that REZ04-00011, an application from Don and Lori Cochran for a rezoning from ID-RM/OHP, Interim Development Multifamily/Historic Preservation Overlay, to ID-RS/OHP, Interim Development Single Family/Historic Preservation Overlay be approved. ATTACHMENTS: 1. Location map Approved by: /~/1ú - Robert Miklo, Senior Planner, Department of Planning and Community Development T Ipcd/she eyfREZ04-00004Clar1GREZ04-0004staff CITY OF IOWA CITY ~ > CHERRY ST ¡ BIRCH STREET P P We/herby Napa/eon Park Pork Ã) <- i'\ Ã) ID..RM OPDH5 PUBLIC WORKS COMPLEX P SITE LOCATION: McCollister Homestead, 2460 S. Gilbert St. REZ04-00011 ~ 4e Prepared by: Bob Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240: 319-356-5240 ORDINANCE NO. ORDINANCE AMENDING THE ZONING CODE, SECTION 14-6J-2, TO ALLOW CONSIDERATION OF REDUCTION OF LOCAL PUBLIC STREETS IN PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH) ZONES. WHEREAS, the Planned Development Housing Overlay zone provides a mechanism for the waiver of certain City requirements; and WHEREAS, the City has often reduced street widths for private streets contained within planned developments from 28 feet to 25 feet: and WHEREAS, in some limited situations where adequate parking spaces are available the City may wish to consider reducing public street widths from 28 feet to 26 feet; and WHEREAS, the Planning and Zoning Commission has recommended that the Planned Development Housing Overlay zone be amended to allow the consideration of the reduction of public street widths from 28 feet to 26 feet. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SFCTION I APPROVAl. The following shall be added to Section 14-6J-2D7.f: The City may allow for reduction of street width from 28 feet to 26 feet where it is demonstrated, to the satisfaction of the City, that the street will carry low volumes of traffic and/or the planned development contains alleys. The City may restrict on-street parking on such streets. SECTION II RFPFALER. All ordinances and parts of ordinances in conflict with the approved provi- sions of this Ordinance are hereby repealed. SFCTION III SEVERAAIIITY. 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 FFFFCTIVE DATF. 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 Approved by cp!q!tJ'f"- l~Cr Citý. orney s Ice ppdadmlordlreduœ streets.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 Wilburn First Consideration 6/15/04 Vote for passage: AYES: Lehman, O'Donnell, Wilburn, Bailey, Champion. NAYS: Elliot1 Vanderhoef. ABSENT: None. Second Consideration Vote for passage: Date published ----- .- , City of Iowa City ¿/ II-~ MEMORANDUM -.._-- I Date: May 20, 2004 To: Pianning and Zoning Commission From: Robert Miklo, Senior Planner Re: OPDH Street Standards The Planning and Zoning Commission has recommended approval of the Planned Development for Saddlebrook Meadows, Part I. As discussed in the staff report (REZ04- 00008) the Planned Development inciudes alleys and a 26-foot wide street (Biazing Star Drive). The current subdivision standards and Planned Development Housing Overlay (OPDH) zone do not allow new streets to be less than 28 feet wide unless they are private streets or are included in a Sensitive Areas Overlay. This is not a Sensitive Areas Overlay and staff would not recommend approval of a private street in this location due to problems the City has experienced with private streets in other OPDH zones. However given the design of this development and the use of alleys to provide vehicular access to the lots on one side of the street, staff feels that consideration of a 26-foot wide street is appropriate. Because of the alley there wili be few curbcuts on one side of the street and there will be more on-street parking available than found in a typical new subdivision where curb cuts for individual lots limit the amount of on-street parking. i Staff has prepared an amendment to the OPDH zone to allow consideration of reduced street width from 28 feet wide to 26 feet for local residential streets in developments where it can be shown that there will be a low volume of traffic. Adoption of this amendment wi ¡ allow the City to consider on a case by case basis, the reduction of public street width, where a street is accompanied by alleys and/or contains only a few dwelling units so that there will be low volumes of traffic. The City may wish to limit parking to one side of such streets. A parking limitation can be decided based on the design and circumstances of each Planned Development. Staff recommends that the following language be inserted into section 14-6J-2 D.7.f. (new text in bold): f. Streets: Planned developments shall provide for the continuation and extension of streets, which shall be in accordance with current City Standards. The City may allow for a reduction of street width from 28 feet to 26 feet where it is demonstrated to the satisfaction of the City that the street will carry low volumes of traffic and/or the planned development contains alleys. The City I may restrict on-street parking on such streets. ~ u~', flaiL Franklin, Director, De rtment of Planning and Community Development I >----.- ..- ---- 1~ NOTICE OF PUBUC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the eighteenth day of May, 2004, in Emma J. Harvat Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: ~ 1. An ordinance rezoning approximately 35.05 acres of property from Resea rch 14 Development Park Zone, RDP, to Office Commercial Zone, CO-1, subject to !//r conditions, for property along the eastern portion of Northgate Drive in Northgate Corporate Park. .- ~ A copy of the proposed ordinance is on file for public examination in the office of the City Clerk, I;¡ City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council ~/;S consideration are encouraged to appear at the above-mentioned time and place. --> MARIAN K. KARR, CITY ClERK --.--' -~"----: ~ & 14 '\.. :zI 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 smail 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; and all of Highlander Third Addition as recorded at the Office of the County Recorder of Johnson County, Iowa. The property described below is hereby reclassified from Research Development Park, RDP, to Office Commercial Zone, CO-1 , without being sUbject to a Conditional Zoning Agreement: Lot 4A of Highlander Second Addition, also known as Auditor's Parcel #95082. 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. Lot 4A of Highlander Second Addition is not sUbject to the Conditional Zoning Agreement. 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 ~~d by ~ ,~ (p(-¡(') City ttorn~ 1- ppdadm/ordlREZ04-00007.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 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. 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. 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; 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. ppdadmfagVcza-rezQ4-000ü7.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 lOW A CITY SOUTHGATE DEVELOPMENT CO., INC. Ernest Lehman, Mayor Myles N. Bravemnan, President Attest: HARTWIG OMS HOLDINGS Marian K. Karr, City Clerk Andrew C. Hartwig ppdadmlagVcza-rezD4-QOOO7.doc 2 Approved by: LIBERTY GROWTH II, L.C. ~.-~ Jerome Full Ãttorney' 0 Ice I Ie. V ~ ,,+ PREUCIL SCHOOL OF MUSIC Sonja Zeithamel SOUTHGATE B P PROPERTY, L.L.C. Myles Bravemnan, President NORTH GATE ONE, L.L.C. Myles Braverman, President 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: ppdadrrv'agUcza-rez04.OOOO7.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 Myles N. Braverman, to me personally known, who being by me duly sworn, did say that he is the President of the corporation executing the within and foregoing instrument to which this is attached, that the corporation has no seal; that said instrument was signed and on behalf of the corporation by authority of its Board of Directors; and that Myles N. Bravemnan as officer acknowledged the execution of the foregoing instrument to the voluntary act and deed of the corporation, by it and by him voluntarily executed. 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 Andrew C. Hartwig, 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 Andrew C. Hartwig 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: ppdadrn'agVcza-rez04-00007.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 Jerome Full, to me personally known, who being by me duly sworn, did say that the person is a member 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 Jerome Full 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 Sonja Zeithamel, 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 Sonja Zeithamel 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: ppdadnVagVcza-rez04-00007.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 Myles Braverman, to me personally known, who being by me duly swom, did say that the person is President 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 President 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 Myles Braverman, to me personally known, who being by me duly sworn, did say that the person is President 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 President 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: ppdadmtagUcza-rez04-o0007.doc 6 ,-...---...-----,..--.. ----- --.......-.---.... ---- "U'__'."'.U"'__.''''___'_W -- -...---------.- <t--r y 10 E. Washington Street, Iowa City, IA 52240: 319-356-5247 (REl04-00007) ORDINANCE NO. , AN ORDINANCE REZONING APPRO IMATELY 35.05 ACRES FROM RESEARCH DEV LOPMENT PARK ZONE, RDP, TO OFFICE COMMERCIAl! ZONE, CO-1, SUBJECT TO CONDITIONS, FOR ROPERTY ALONG THE EASTERN PORTION OF NORTHGA DRIVE IN NORTHGATE CORPORATE PAR WHEREAS, Southgate Development ha applied for a rezoning of approximatel 35.05 acres of Northgate Corporate Park, specifically property on either 'de of Northgate Drive, from Research velopment Park zone, RDP, to Office Commercial zone, CO-1; and WHEREAS, the Comprehensive Plan identifi this area as appropriate for Offi Park development; and WHEREAS, the property was rezoned from 0-1 to RDP in 1989 in orde to attract light manufacturing and medical research-related firms, but these types of usinesses have not been cating in Northgate Corporate Park; and WHEREAS, the Planning and Zoning Commissi has reviewed the p¡ posed rezoning and has recommended approval subject to conditions; and WHEREAS, the conditions recommended by the ommission, s cifically a minimum one-acre iot size and preservation of a 70-foot wide landscaped parkway eas ment along e side of Northgate Drive, are to ensure the office park appearance of the property is maintained an to minimiz the potential for small neighborhood offices to relocate there, in order to preserve the office park for high genera g business. NOW, THEREFORE, BE IT ORDAINED BY THE CIT COU IL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and c ndi' ns of the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below's ereby reclassified from Research Development Park zone, RDP, to Office Commercial zone, CO-1: Lots 5, 6, 7, 15, 16 and 17 of Highlander First Addi' . lot 4A of Highlander Second Addition; and all of Highlander Third Addition as recorded at the Office of t e C unty Recorder of Johnson County, Iowa. SECTION II. ZONING MAP. The building official is h reby thorized and directed to change the zoning map of the City of Iowa City, Iowa to conform to this amendm nt upon he final passage, approval and publication of this ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREE ENT. Folio g final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sig and the City erk to attest the Conditional Zoning Agreement between the property owners, the applicant, and th City of Iowa City. SECTION IV. CERTIFICATION AND R ORDING. Upon c rtification and recording upon passage and approval of the ordinance and after executi of the Conditional oning Agreement, the City Clerk is hereby authorized and directed to certify a copy of t . ordinance and the Co itional Zoning Agreement and to record the same at the Office of the County Recorder 0 Johnson County, Iowa at th owner's expense, all as provided by law. SECTION IV. REPEALER. All or . ances and parts of ordinan es in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If Y section, provision or part of the rdinance shall be adjudged to be invalid or unconstitutional, such adjudication all not affect the validity of the Ordin ce as a whole or any section, provision or part thereof not adjudged invalid 0 unconstitutional. SECTION VI. EFFECTIVE TE. 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 Rf711P1- ppdadmlord/REZ04-00007. doc Prepared by: John Yapp, PCD, 410 E. Washington 51., Iowa City, IA 52240 (319) 356-5247 (REZ04-00007) CONDITIONAL ZONING AGREEMENT THIS AGREEME T is made between the City of Iowa City, Iowa, a municipal corp' ration (hereinafter "City"), nd Rebeka Machado Berstler, Hartwig OMS Holdings, L.L. , Liberty Growth II, L.C., Preu . School of Music, Southgate B P Property, L.L.C." and No gate One, L.L.C., (hereinafter " ners"), and Southgate Development Company, Inc (hereinafter "Applicant"); and WHEREAS, Owners and A licant are the legal titleholders of approxima Iy 35.05 acres of property located on the al g approximately the eastern half of No gate Drive, more specifically described below; a WHEREAS, the Applicant has equested the rezoning of said Development Park zone (RDP) to ffice Commercial zone (CO-1); an WHEREAS, the Planning and Zoni Commission has determi d that, with preserving the minimum 1-acre lot size and the 70 f ot-wide landscaped park ay easement already in place along Northgate Drive, the rezoning t Office Commercial for hese properties is appropriate; and WHEREAS, Iowa Code §414.5 (2003) reasonable conditions on granting an ap regulations, in order to satisfy public needs WHEREAS, the Owners and Applicant ackno Ie e that certain conditions and restrictions are reasonable to maintain the existing Office Park pearance of Northgate Corporate Park, and to ensure appropriate-sized businesses for a hig y-oriented Office Park; and WHEREAS, Owners and Applicant agree use t is property in accordance with the terms and conditions of a conditional zoning agree ent. NOW, THEREFORE, in consider 'on of the mutu I promises contained herein, the parties agree as follows: 1. Rebeka Machado B stier, Hartwig OMS Hol ings, L.L.C., Liberty Growth II, L.C., Preucil School of M ic, Southgate B P Property, L.L.C." and Northgate One, L.L.C. are the legal title hol rs and Southgate Developmen Company, Inc. is the applicant for a rezoning of the operty described as follows: Lots 5, 6, 7,' 15, 16, and 17 of Highlander First Ad~iOn; Lot 4A of Highlander Second Addition; and all of Highlander Third Addition, as re orded at the Office of the County R.,""" of Joh",,, C'""~. 1_ ± 2. Owners and Applicant acknowledge that the City wish s to preserve the appearance of Northgate Corporate Park as a highway-oriented. ffice 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. ppdadmfagUREZ04-00007,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 '7 foot-wide landscaped parkway and wide sidewalk easement, as depicted and describe on the subdivisions Highlander First Addition, Highlander Second Addition, and Highla der Third Addition, as recorded in the Office of the Recorder of Johnson County, low will remain in place. c. The Owners, A licant and City acknowledge that the conditions ontained herein are reasonable c ditions to impose on the land under Iowa Co e §414.5 (2003), and that said condit ns satisfy public needs that are caused by t requested zoning change. d. The Owners, Applicant and City acknowledge that in e event the property is transferred, sold, redevel ed, or subdivided, all redev opment will conform with the terms of this conditional zo 'ng agreement. e. The Parties acknowledge tha this conditional ning agreement shall be deemed to be a covenant running with the and and with Itle to the land, and shall remain in full force and effect as a covenant ith title to e land unless or until release of record by the City of Iowa City. The parties further acknowledge th is agreement shall inure to the benefit of and bind all successors, representative nd assigns of the parties. f. Applicant acknowledges that n hing I this conditional zoning agreement shall be construed to relieve the Own s or Appl ant from complying with all other applicable local, state, and federal reg ations. g. The parties agree that is conditional zo ing agreement shall be incorporated by reference into the or nance rezoning the ubject property, and that upon adoption and publication of e ordinance, this agre ent shall be recorded in the Johnson County Recorder.' Office at the Applicant's e pense. Dated this ,2004. CITY OF IOWA SOUTHGATE DEVELOPMENT CO., INC. Ernest Lehman, Mayor ppdadrnfagtlREZ04-00007.doc 2 Attest: REBEKA MACHADO BERSTLER Marian K. Karr, City Clerk Approved by: HARTWIG OMS HOLDINGS ~I /.J~:~ ~/~"7I"c.¡.. Attorney's Office " LIBERTY GROWTH II, L.C. P PROPERTY, L.L.C. GATE ONE, L.L.C. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , A.D. 20_, before me, the undersigned, a notary public in a onally appeared Ernest W. Lehman and Marian K. Karr, to me per nally known, who being by e duly sworn, did say that they are the Mayor and City Clerk, spectively, of said municipal corporation executing the within and foregoing instrument; tha he seal affixed thereto is the seal of said municipal corporation; that said instrument was si ed and sealed on behalf of said municipal corporation by authority of its City Council; and t t the said Mayor and City Clerk as such officers acknowledged that the execution of sai nstrument to be the voluntary act and deed of said corporation, by it and by them voluntar' executed. Notary Public in and for the State of Iowa My commission expires: ppdadmlagVREZ04-00007.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 exe uted. Notary Public in and f9'" the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 20_, before me, the undersigned, a Notary Public in and for said County, in sai S te, personally appeared Rebeka Machado Berstler, to me known to be the identical pe on n ed in and who executed the within and foregoing instrument, and acknowledged th she exec ed the same 'IS her voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: MS HOLDINGS, L.L.C. ACKNOWLEDGEMENT STATE OF IOWA JOHNSON COUNTY On this , A.D. 20_, before me, the undersigned, a Notary Public in 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 LIBERTY GROWTH II, L.C. ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this _ day of , A.D. 20_, before m~, the undersigned, a Notary Public in and for the State of Iowa, personally app ared 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 saiói strument was signed on behalf of the said limited iability company by authority of its managers a the said ackn wi edged the execution of said instrument to be th voluntary act and deed of said limited iability company by it voluntarily executed. Notary Publi in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this _ day of ,A.D. 20_, before me, u dersigned, a Notary Public in and for the State of Iowa, ersonally 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, a.nd that said instrument was signed on behalf of the said . ited liability company by authority of its managers and the said ac owledged the execution of said instrument to be the voluntary act and deed of said limited Ii ility company by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: ppdadmlagURElO4-00007.doc 5 - ........_.... ._' _.'.___"__.n_____ SOUTHGATE B P PROPERTY, L.L.C. ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this _ day of ,A.D. 20_, before me, th undersigned, a Notary Public in and for the State of Iowa, personally appeared Terri Morrow, 0 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 igned 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 volunta act and deed of said limited liability compan' y it voluntarily executed. Notary Public in a d for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this _ day of , before me, the undersigned, a Notary Public in and for the State of Iowa, personall appeare Terri Morrow, to me personally known, who being by me duly sworn, did say that e person is (title) of Northgate One, L.L.C., and that s Id instrument wa igned on behalf of the said limited liability company by authority of its managers and the aid acknowledged the execution of said in trument to be the volunt act and deed of said limited liability company by it voluntarily exec ed, Notary Public in and for the State of Iowa My commission expires: ppdadmlagVREZ04~00007 .doc 6 .... _.~_...__.,._-_._~._-_.._- -- .----..-----.-- - .~--------- --.---.