HomeMy WebLinkAbout2004-07-21 Ordinance 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 properly is maintained and to minimize the potential for small neighborhood offices to
relocate there, in order to preserve the office park for higher generating business.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement attached
hereto and incorporated herein, the property described below is hereby reclassified from Research Development Park
zone, RDP, to Office Commercial zone, CO-1:
Lots 5, 6, 7, 15, 16 and 17 of Highlander First Addition; 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 Ill. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance,
the Mayor is hereby authorized and directed to sign and the City Clerk to attest the Conditional Zoning Agreement
between the property owners, the applicant, and the City of Iowa City. 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 previsions 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.
~AY~O~,~,and approved this ~ day of J u'l y ,20 04
clw CCE 8. '
Approved by
Cit~ At~or~e~'~ Off~e
ppdadm/ord/R EZ04-OOO07 doc
Ordinance No. 04-4132
Page 2
It was moved by 0 ' Donne] 1 and seconded by Vanderhoef that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
First Consideration ............
Vote for passage:
Second Consideration 7/6/04
Voteforpassage:AYES: Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Elliott. NAYS: None. ABSENT: None.
Date published 7/28Z'04
Moved by Vanderhoef, seconded by 0'Donne]I, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration and vote be waived and the ordinance be
given second consideration at this time. AYES: E]liott, Lehman, 0'0onne]], Vanderhoef,
Wi]burn, BM]ey, Champion. NAYS: None. ABSENT: None.
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ04-00007)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and 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, LL.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, EL.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.
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 l-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 Recerder's Office at the Applicant's expense.
Dated this /~--p day of~0'/~-, 2004.
SOUTHGATE DEVELOPMENT CO., INC.
'Ma~an K. Karr, City Cierk A~drew C.-I-~/al~vig
ppdadm/agt/cza- rez04-00007 .doc 2
PREUCIL SCHOOL OF MUSIC
"~'onj~'Z~ith~mel
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 ~'O.~.,.~ , A.D. 20 o ~- , before me, the
undersigned, a notary public in and for th~ 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
{o ~. SONDRAE FORT
Cemmlssion Number 159791~
My Commission Expires I My commission expires:
SOUTHGATE DEVELOPMENT COMPANY, INC. ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ day of ~'o.~ Cc ,200J¢, 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~he is the ~-=~ o.~.f the corporation executing the within
and foregoing instrument to which this is attacl~ed,'t~'t-th-'e corporation has no seal; that said
instrument .~a~ sicined and on behalf of the corporation by authority of its Board of Directors; and
that ~ as officer acknowledged the execution of the foregoing instrument to the
voluntary act and deed of the corporation, by it and by .~. voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
..SHARI WELDON
Commlssioo Numbs' 1~387~1
My Commissio~ ~ !
t~'lo ' 0(,., I
HARTWIG CMS HOLDINGS, L.L.C. ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this J_~day of ~ , A.D. 20_.~-/:._, before me, the undersigned, a Notary
Public in and for the St~e' of Iowa, personally appealed Andrew C. Hartwig, to me personally
knov)ln, ,~ who. ,~be_in[t ,by me duly sworn, did say that the person is
~~. ~tO~ (title) of Hartwig CMS Holdings, L.L.C., and that said
instrument was si~ned on be~altt of the said limited liability company by authority of its managers
and the said Andrew C. H~rtwig acknowledged the execution of said instrument to be the
voluntary act and deed of said limited liability company by it voluntarily ex~,.cuted.
Not~{~y Public in and {or tl~e Sta~e of Io~a
My commission expires:
L,~.I DI~BRA£.OARTF~ ]
F~t-I. c°~"~''~"
f.~L.'l y Comrnl~ ~ !
ppdad nVagt/cza-rez04 -00007.doc 4
LIBERTY GROWTH II, L.C. ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this __~ day of .~LX~ , A.D. 20OZ~- , 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, LC., 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.
~4,~. SHN~I WELBON
Com~.~. Numt~r 1~7,1 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 ~ay of /"J,(,/¢~¢-... , A.D. 20 O~ , before me, the undersigned, a Notary
Public in and for the Sta"~ of Iowa, personally appeared Sonja Zeithamel, to me personally
krLewn, , whp~ .b~ng by ~ me duly swom, did say that the person is
,~i~IA.I(~, "/-~.,1~'~/~0,.t~¢-. | (title) of Preucil School of Music, and that said instrument
was sig~ed 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.
t"' Notary Public in and for the State of Iowa
SHARI
WELDON
I
Clmmlssk~ Number 193a/~1
My C~r~ F.x¢. I My commission expires: / ,~' \ 9' O ~
I~,.ID'b~, I
SOUTHGATE B P PROPERTY, L.L.C. ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ day of _~/I~ C~ , A.D. 20 OJ¢ , beJore 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 pers~)n is ~'~"~outhgate 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 ~t.~ck.~owledged the execution of said
instrument to be the voluntary act and deed of s~idTi'mit~i~l~a-~oility company by it voluntarily
executed.
Notary Public in ~nd for the State of Iowa
My commission expires:
~ ~l SHARI WELDON
~'~1~1 ~.lCommission Number 193878
F I~ "| My Commission Expires
I' I '1
NORTHGATE ONE, L.L.C. ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ day of ,J U ~F_. , A D 20 (~z~- , bef~f~e,~q'/.e, the undersigned, a Notary
Public in and for the State of iowa, personally appeared ~.,~,~o me personally
known, who being by me duly swom, did say that the person is ,~.e~r.~:~.-~r Northgate One,
EL.C. and that said instrument was ~j~n~e~d,,.~o~?,zbe, half of the said limited liability company by
authority of its managers and the said P¥~,,~;~,~"'~'owledged 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:
SUAR WELDO I
ICommlsslon Number 1~}~7~1
1'..~21 M~ Comml~io, Explr~ I
I ,o. I
CRP, LLC.~/,~.. ~b--
CRP, LLC ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~4~ day of ,~k.~ , A.D. 20 (~, before me, the undersigned, a
Notary P-'~'-~lic in and for the State of Iowa, pers;3nally appeare~, to
me personally known, who being by me duly sworn, did say t~t the person is
I't~Y~L~G_O Ir- (title) of CRP, LLC., and that said instrument was
signed on be"half of the said limited liability company by authority of its managers
C_,ln.¢ _~'r'~'t~j'd~ acknowledged the execution of said
and
the
said
instrument to be the voluntary act'and deed of said limited liability company by it
voluntarily executed.
Notary Pdb~ic in-and for ~h~ State of Iowa
My commission expires: '~-.LYUL. [~, ~&:)O~o
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ04-00014)
ORDINANCE NO.
AN ORDINANCE APPROVING AN AMENDED PLANNED DEVELOPMENT HOUSING (OPDH-5)
PLAN FOR VILLAGE GREEN PART XX
WHEREAS, the OPDH-5 Plan for Village Green Part XX was approved in November 2001, by Ordinance
No. 01-39891, but OPDH plans are valid for only 24 months; and
WHEREAS, the Applicant, Third Street Partners, has requested the City approve an amended OPDH-5
Plan to allow a third garage stall on 7 of the 19 proposed dwelling units that were depicted on the 2001 plan;
and
WHEREAS, the remainder of the plan is the same as was approved in 2001, which includes 19 dwelling
units clustered on 6.95 acres around a pond, and an extension of Wintergreen Drive to Village Road; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed OPDH-5 Plan for Village
Green Part XX, and has recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
~. The OPDH-5 Plan for Village Green Part XX, a two-lot 19 dwelling unit
development is hereby approved for property described below:
Commencing at the Northeast Corner of the Northeast Quarter of Section 24, Township 79
North, Range 6 West, of the Fifth Principal Meridian; Thence S89°53'53"W, along the
North Line of said Northeast Quarter, 930.78 feet, to the Northwest Corner of Outlot "B" of
Village Green Part XVIII, in accordance with the Plat thereof Recorded in P~at Book 43, at
Page 153 of the Records of the Johnson County Recorder's Office and the Point of
Beginning; Thence S77°05'19"E, along the Northeasterly Line of said Outlot "B", 109.20
feet; Thence S56°48'24"E, along said Northeasterly Line, 107.12 feet, to the Southeast
Corner thereof, and the Northwest Corner of Village Green Part XIX, in accordance with
the Plat thereof Recorded in Plat Book 46, at Page 300, of the Records of the Johnson
County Recorder's Office; Thence S70°19'00"W, along the West Line of said Village Green
Part XIX, a distance of 139.50 feet; Thence S32°04'14"W, along said West Line, 85.00
feet; Thence S15°23'06"W, along said West Line, 217.09 feet; Thence S10°04'01"W,
along said West Line, 60.00 feet; Thence Northwesterly, 679.18 feet, along a 525.38 foot
radius curve, concave Northeasterly, whose 632.86 foot chord bears N42°53'57"W;
Thence N05°51'54"W, 6.11 feet, to a Point on the North Line of the Northeast Quarter of
said Section 24; Thence S89°57'00"W, along said North Line, 122.06 feet, to the
Southwest Corner of Outlot "B" of Village Green Part XV, in accordance with the Plat
thereof Recorded in Plat Book 38, at Page 97, of the Records of the Johnson County
Recorder's Office; Thence N00°03'00"W, along the West Line of said Outlot "B",.a
distance of 84.82 feet; Thence N08°58'49"E, along said West Line, 136.86 feet; Thence
N39°29'Ol"E, along said West Line, 112.85 feet, to the Northwest Corner thereof; Thence
Southeasterly, 519.73 feet, along the North Line of said Village Green - Part XV and the
North Line of Outlot "B" of Village Green Part XIV, in accordance with the Plat thereof
Recorded in Plat Book 37, at Page 41, of the Records of the Johnson County Recorder's
Office, on a 746.66 foot radius curve, concave Northeasterly, whose 509.31 foot chord
bears S70°27'27"E; Thence Northeasterly, 23.74 feet, along the North Line of said Outlot
"B" on a 760.00 foot radius curve, concave Northwesterly, whose 23.74 foot chord bears
N88°42'22"E, to the Northwest Corner of Lot 49 of Village Green Part XVIII, in accordance
with the Plat thereof recorded in Plat Book 43, at Page 153, of the Records of the Johnson
County Recorder's Office; Thence S02°11'20"E, along the West Line of said Lot 49, a
distance of 136.51 feet, to the Point of Beginning. Said Tract of land contains 6.95 acres,
more or less, and is subject to easements and restrictions of record.
Ordinance No.
Page 2
SECTION II VARIATIONS. To allow the development of 19 dwelling units on 6.95 acres clustered
around a pond, the Village Green Part XX OPDH-5 Plan varies from the RS-5 dimensional requirements.
These variations included allowing multiple dwelling units to be located on one lot; two to three dwelling units
are attached in one structure; and some dwellings are accessed from a 22-foot wide private street.
SECTION III ZONING MAP The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this Ordinance by law.
SECTION IV. CERTIFICATION AND RECORDING The City Clerk is hereby authorized and directed
to certify a copy of this ordinance and a copy of the amended 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.
~. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION VI SEVERABILITY. If any section, provision or part of the Ordinance shatl be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, prevision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE 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
Apprev~d by ~
C~'A~or~ey's Office
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
Elliot[
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 7/6/04
Voteforpassage: AYES: 0'Donnel], Vanderhoef, Wi]burn, Bailey, Champion, Elliott,
Lehman. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published