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HomeMy WebLinkAbout1996-09-24 OrdinancePrepared by: ,C;co:[ Kd;:ler. Assoc. Planner, City of Iowa City, 410 E. Washington St. Iowa City. IA 52240; (319) 356-5243 ORDIi'!ANCE NO. 96-3750 AN ORDINANCE AMENDING THE CONDITION- AL ZONING AGREEMENT FOR WESTPORT PLAZA LOCATED AT 855 HIGHWAY 1 WEST WHEREAS, on June 13, 1989, the City Council approved Ordinance No. 89-3418, (hereinafter "Ordinance"} rezoning an approxi- mate 28 acre property at 855 Highway 1 West from I-1, Industrial to CC-2 Community Corn- martial, said property being subsequently de- veloped as WestPort Plaza; and WHEREAS, said Ordinance authorized exe- cution of a Conditional Zoning Agreement (Agreement} between the City of Iowa City (City) and the Joseph Company, which agree- ment regulated development of the subject property; and WHEREAS, portions of said property have since been sold to RandalIs International, Morris Family Corporation, Brenton Banks, and Marrel Corporation ("Owners"), upon which the Agree- ment is binding; and WHEREAS, Staples Inc., ("Applicant"), has requested that certain regulations within the Agreement be =mended to allow further devel- opment of the subject property; and WHEREAS, Condition B.4 set forth in the Agreement required that the proporty be devel- oped as a cohesive, integrated development; end WHEREAS, Condition B.7 set forth in the Agreement requires that the facades of building within the development provide horizontal continuity; and WHEREAS, given the current level of develop- ment within the subject property, the anticipat- ed impacts associated with said development have been adequately addressed and the public interest is no longer served by the above-refer- enced provisions. It is thus within the public interest to relieve said property of certain regu- lations con'.ained in the original Conditional Zonir.~ A[Fcement; and I Ordinance No. 96-3750 Pa9e 2 WHEREAS, the City, Owners and Applicant agree that the requirements for a cohesive, integrated development and to provide horizon- tal continuity of building facades are no longer necessary on said property; and WHEREAS, the City, Owners and Applicant now wish to amend the original Conditional Zoning Agreement to eliminate the requirement for a cohesive, integrated development, and to provide horizontal continuity of building fa- cades, which amended Agreement is attached hereto and incorporated by reference herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Ordinance 89-3418 and the ac- companying Conditional Zoning Agreement are amended by deleting Section B.4 of the Agree- ment in its entirety and adopting in lieu thereof the following: B.4) Joseph Company agrees that the _+28 acre parcel, to be known as Westport Plaza and referred to herein as the Development Site, will be developed with one major en- trance on Highway 1 West. Nothing in this Agreement shall preclude a secondary en- trance at the eastern boundary of the Site Development. SECTION II. Ordinance 89-3418 and the ac- companying Conditional Zoning Agreement are amended by deleting Section B.7 of the Agree- ment in its entirety and adopting in lieu thereof the following: B.7) Joseph Company agrees that the final design of the Development Site shall provide facades in the retail centers that are com- patible, as shown on the drawings present- ed to the Planning and Zoning Commission and dated April 20, 1989. SECTION III. AMENDED CONDITIONAL ZON- ING AGREEMENT, CERTIFICATION AND RE- .CORDING. Following final passage and approv- al of this Ordinance, the Mayor is hereby autho- rized and directed to sign, and the City Clerk to attest, the Amended Conditional Zoning Agree- ment between the property owners and the City, and after said execution, the City Clerk is hereby directed to certify a copy of this Ordi- nance and the Amended Conditional Zoning Agreement for recordation in the Office of the Ordinance No, 96-3750 Page 3 Recorder, Johnson County, Iowa, at the Appli- cant's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 24th day of S_eptember ,19 9~ Ordinance No. 96-3750 Page 4 It was moved by Thornher~-y and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Lehman that the First Consideration Septembe_r 10, 1996 Vote for asea~)e:AYES: Vanderhoef, Lehman, Norton, Novick, Thornberry. NAYS: ~aker, Kubby. ABSENT: None. Second Consideration. Vote for passage: Date published 10/2/96 Moved by Thornberry, seconded by Norton, 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 second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. NAYS: Baker. ABSENT: None. Prepared by: Scott Kugler, Assoc. Planner. City of Iowa City, 410 E. Washington St., Iowa City, IA 52240; {319) 356-5243 AMENDED CONDITIONAL ZONING AGREEMENT This agreement is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "the City"), and RandalIs International, Morris Family Corporation, Brenton Banks, and Martel Corporation (hereinafter collectively referred to as "Owners") and Staples Inc., (hereinafter "Applicant"). WHEREAS, Owners are legal title holders of property located at 855 Highway 1 West, legally described in Exhibit "A" attached hereto; and WHEREAS, on June 13, 1989, the City Council approved Ordinance No. 89-3418, (hereinafter "Ordinance"), rezoning an approximate 28 acre property located at 855 Highway 1 West from I-1, Industrial, to CC-2, Community Commercial, said property being subsequently developed as WestPort Plaza; and WHEREAS, said Ordinance authorized execution of a Conditional Zoning Agreement {Agreement) between the City and the Joseph Company, which agreement regulated development of the subject property; and WHEREAS, portions of said property have since been sold by the Joseph Company to Owners, upon which the Agreement is binding; and WHEREAS, Condition B.4 set forth in the Agreement requires that the property be developed as a cohesive, integrated development; and WHEREAS, Condition B.7 set forth in the Agreement requires that the facades of buildings within the development provide horizontal continuity; and WHEREAS, given the current level of development within the subject property, the anticipated impacts associated with said development have been adequately addressed and the public interest is no longer served by the above-referenced provisions. It is thus within the public interest to relieve said property of certain regulations contained in the original Conditional Zoning Agreement; and WHEREAS, the Parties feel that the requirements for a cohesive, integrated development and to provide horizontal continuity of building facades are no longer necessary on said property; and WHEREAS, the Parties now wish to amend the original Conditional Zoning Agreement to eliminate the requirement for a cohesive, integrated development, and to provide horizontal continuity of building facades. 2 NOW, 1. THEREFORE, THE PARTIES AGREE AS FOLLOWS: The parties acknowledge that at the time they entered into the original Conditional Zoning Agreement, it was intended that the property would develop with connected buildings in accordance with the conceptual site plan date April 20, 1989. The parties further acknowledge that the original Conditional Zoning Agreement also required horizontal continuity in building facades, as illustrated on drawings presented to the City dated April 20, 1989. The Parties acknowledge that subsequent to the signing of the original Conditional Zoning Agreement, a private covenant was recorded which in effect restricts the development of the property in accordance with the above-referenced provisions of the original Conditional Zoning Agreement. However, given the current level of development within the subject property, the anticipated impacts associated with said development have been adequately addressed and the public interest is no longer served by the above-referenced provisions. It is thus within the public interest to relieve said property of certain regulations contained in the original Conditional Zoning Agreement. The original Conditional Zoning Agreement dated June 13, 1989, shall be and is hereby amended by deleting Sections B.4 and B.7 in their entirety and inserting in lieu thereof the following: B.4) The Parties agree that the +28 acre parcel, to be known as Westport Plaza and referred to herein as the Development Site, will be developed with one major entrance on Highway 1 West. Nothing in this Agreement shall preclude a secondary entrance at the eastern boundary of the Site Develop- ment. B.7) The Parties agree that the final design of the Development Site shall provide facades in the retail centers that are compatible, as shown on the drawings presented to the Planning and Zoning Commission and dazed April 20, 1989. The Parties acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (1995) and are appropriate conditions required to protect the public safety of both the residents in the area and the community. Owners and Applicant acknowledge that in the event the subject property is transferred, sold, redeveloped or subdivided, all redevelopment will conform with the terms of this Agreement. The Parties acknowledge that this Amended Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land and shall remain in full force and effect as a covenant running with the title to the land, unless or until released of record by the City, The parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the parties. Nothing in this Agreement shall be construed to relieve the Owners or Applicant from complying with all applicable, local, state and federal regulations. Nothing in this Amended Conditional Zoning Agreement in any way alters, amends or modifies the original Conditional Zoning Agreement except as set forth above. Dated this 24th day of September RANDALLS INTERNATIONAL MORRIS CORPORATION By: The Parties agree that the Iowa City City Clerk shall record this Amended Conditional Zoning Agreement in the Johnson County Recorder's Office at Owners' expense. ,1996. CITY OF IOWA CITY, IOWA INaorn~J. Novick, Mayor ATTEST: ~ ~' /~ Marian K. Karr, City CJerk STAPLES, INC. BRENTON BANKS By: MARREL CORPORATION Nothin~e~d_ed Co. nditional Zoning Agree~ any way alters, amends or 8. modifi thes eorigm 'tion~ent except as set forth above. 9. The Part' ales greeth_..~..the~Swa Ci.,,,, tyACity Clerks . .~mende,d Conditional Zoning Agr.~em~t in the Johnson County Recorders Office at~3W~.~-s expense. Dat~ day of ,1996. RANDALLS INTERNATIONAL CITY OF IOWA CITY/~A By: ' By: .~ Naomi J. Novi~, Mayor ~ , MORRIS/CORPORATION ~ · STAPLES, INC. ! ///~arian K, Karr, City Clerk By: BRENTON BANKS By: MARREL CORPORATION By: 3C, 8. -hle~da.qj~this Amended C.o, nditional Zoning Agreeme~ers, amends or d'f' -- d~t except as set forth above. 9. Th P ' th tth~Je~rt C'ty City Clerk ~Amended Conditional Z .onin~ .AgreeJe J~h~nson Count~ Recorde_rls_Office at~O~rs' expense. Dated this day of July , 1996. By: By: RANDALLS INTERNATIONAL MORRIS CORPORATION STAPLES, INC. CITY OF IOWA C//~OWA By: Naomi J/~ick, Mayor ATTEST/~rian K. Karr, City Clerk By: es:Lclez~,:By: MARREL CORPORATION By: 4~ ACKNOWLEDGEMENT OF RANDALLS INTERNATIONAL South STATE OF Dakota ) ) ss: Davison COUNTY ) On this 16th day of August , A.D. 19 96 , before me, the undersigned, a Notary Public in and for the State of south Dakol:a , personally appeared 1~illla~ B. Be11 and --- - , to me personally known, who, being by me duly sworn, did say that they are the ¥ice Presldent and -"'-" · respectively, of said corporation executing the within and foregoing instrument to which this Is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said ¥1ce President and ----' as such officers acknowledged 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 said County and State ACKNOWLEDGEMENT OF MORRIS CORPORATION STATE OF ) ~ ) ss: COUNTY ) On this. day of Notary Public in and for the of and being by me duly sworn, did say that the' , respectively, of said cor ~vhich this is attached, that (no seal h instrument was signed (and sealed), said corporation by authority of it: of and as ~ officers to be the voluntary act and d of said corp( , A.D. , before me, the undersigned, a , personally appeared , to me personally known, who, and g the within and foregoing instrument to procured by the said) corp.oration; that said of (the seal affixed thereto is the seal of said) irectors; and that the said cknowledged the execution of said instrument by it and by them voluntarily executed. Notary ~blic in and for said County and State ACKNOWLEDGEMENT OF RANDALLS INTE STATE OF COUNTY ) On this __ .day of Notary Public in and for the State',< and being by me duly sworn, did say that the, · respectively, of said cor which this is attached, that (no see instrument was signed {and said corporation by authority of 3oard of and to be the voluntary act and 19 , before me, the undersigned, a · personally appeared , to me personally known, who, the and ;uting the within and foregoing instrument to ,rocured by the said) corporation; that said seal affixed thereto is the seal of said) s; and that the said )dged the execution of saio instrument of said corporation, it and by them voluntarily executed. Notary Public in and ~r' said County and State ACKNOWLEDGEMENT OF MORRISACORPORATION STATE OF'~.~.- ) ) $S: ~"~ ~-'-~ COUNTY ) Onthis ~ ~ day of Notary Public in and for the State of ,A.D. 19~J , before me, the undersigned, a ~/~,,~',,E~ , personally appeared /)~,'72,~,~- ,,~. fr~.~.~ and , to me personally known, who, being by me duly sworn, did say that t~-~the ?~.-~.> ,,~-.,.~ and , re~puet~vel-~ of said corporation executing the within and foregoing instrument to which this is attached, that {no seal ha~ been procured by the said) corppration; that said instrument was signed {and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said ~_.~,~ - . and ~ ~ as such officer~ acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by ~t and by ~voluntanly executed. Notary Public in and for said County and State ACKNOWLEDGEMENT OF BRENTON STATE OF ) ) SS: COUNTY ) On this day of Notary Public in and for the of and being by me duly sworn, did sa~ , respectively, of said corporati, which this is attached, that (no seal instrument was signed (and sealed said corporation by authority ~rd of and as to be the voluntary act and de cor[ 1 9 , before me, the undersigned, a , personally appeared · to me personally known, who, and g the within and foregoing instrument to en procured by the said) corporation; that said of (the seal affixed thereto is the seal of said) ctors; and that the said ~wledged the execution of said instrument by it and by them voluntarily executed. Notary Public in and for said County and State ACKNOWLEDGEMENT OF MARREL CORPORATION STATE OF ) ss: On this ~-.q day of --~ut-'-'~ , , A,D, 19 ~/o before me, the undersigned, a Not4?ry Public i~n apd for the State of i/~fcJ- , personally appeared ~/~.~,. 0 O-~ % }'~ ~-J and , to me personally known, who, being by me duly sworn, did say that they are the [~-~ ~g~.4. and ~ - which this Is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the sa~d /~A. ~:) - · and - as such officers acknowledged the execution of said instrument ;to be the voluntary act and deed of said corp~.a.~n, by it and by th~untaril~ecuted. 83-801 Pu"~'blic in and~or said County and State ACKNOWLEDGEMENT OF BRENTON BANKS STATE OF IOWA ) ) SS: LINN COUNTY ) Onthis ].6ch dayof July ,A.D. 19 96, before me, the undersigned, a Notary Public in and for the State of Iowa , personally appeared Charles G, Riepe ~ , tome personally known, who, being by me duly sworn, did say that ~]~m the senfor vice presldeat~d - , ~F~l~h~fi~, of said corpofa~i~r~ executing the within and foregoing instrument to which this is attached, that {no seal has been procured by the said) corporation; that said instrument was si{~ned [ead~a~aled) on behalf of (~e~r~s~ake[fui~ said corporation by authority of its Board of Directors; and that the said senior vice presJ.~ent as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. 1'~1 REa.~ECCA -- STEVi~N~-I Notary Public in and for said County and State ACK OF MARREL CORPORATION STATE OF __ ) ) as: COUNTY ) On this day of Notary Public in and for the State and being by me duly sworn, did say thatth~ , respectively, of said cor which this is attached, that {no instrument was signed {and sea said corporation by and to be the voluntary act/~d;;~ 1 9 , before me, the undersigned, a , personally appeared , to me personally known, who, ~e and :uting the within and foregoing instrument to by the said) corporation; that said on behalf the seal affixed thereto is the seal of said) Board and that the said vledged the execution of said instrument of said corporation 3y it and by them voluntarily executed. Notary Public in and for said County and State 6 ACKNOWLEDGEMENT OF STAPLES, INC. ST,,, c OF __ ) ) ss: ~,,o.3 d-z~ ~ cx" C 0 U N TY ) Notary Public in and for the State of ~ , , personally appeared ' ~O~ (,~-~, ~¢-. ~nJ , to me personally known, who, being by me duly sworn, did say that they are the ~ ,~--- (~co_ 5,~,z.~-~,,d , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that {no seal has been procured by the said) corporation; that said instrument was signed {and sealed) on behalf of {the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public-io)and for said County and State 51AC~'Y E, Notmy Public My..Cm~s~lon r~rm A,orl122,1999 7 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On~c~ Z~~£ dayof -~/~.~ ,19 ?_z, ,beforeme, , ~t Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contat~_ed in (Ordinance) {Fle.~lctior~) No. ~-.,~?~-~ passed by the City Council, on the Z~z day of ~ ,. , 1 9_~./~__, and that Naomi J. Novick a'nd Marian K. Karr acknowledged th~ execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa . SHIVE'HATTERY (31 ~)) ~64-0827 FAX: (~)1~)] 364-17~B September 16, 1996 City Council Members c/o Marian Karr City of Iowa City City Clerk 410 East Washington Iowa City, IA 52240 REGEI /ED RE: Staples, Inc. Westport Plaza Dear Council Members: At the September 10, 1996, City Council meeting, by a vote 5-2, the Council approved the first consideration of the amendment to the Conditional Zoning Agreement for Westport Plaza. On behalf of our client, Staples, Inc., we request the City Council expedite the approval process for final approval of the amended Conditional Zoning Agreement for Westport Plaza at the September 24, 1996, City Council meeting. Sincerely, $ Rick Berndt, PE /Lad3/hmt Copy: Robert Lambert John Lynch Richard Kaitz Chris Day 295652-0