HomeMy WebLinkAbout1995-01-17 OrdinanceNOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa,
at 7:30 p.m. on the 3rd day of January, 1995,
in the Civic Center Council Chambers, 410 E.
Washington Street, Iowa City,'lowa, at which
hearing the Council will consider:
1. A resolution to annex an 80 acre tract of
land, known as the Langenberg Tract, locat-
ed southeast of Sycamore Street and east
of Pleasant Valley Golf Course.
An ordinance amending the Zoning Chapter
by changing the use regulations of an 80
acre tract of land, known as the Langenberg
Tract, located southeast of Sycamore Street
and east of the Pleasant Valley Golf Course
from County RS, Suburban Residential, to
RFBH, Factory Built Housing Residential.
3. An ordinance amending the Zoning Chapter
by changing the use regulations of 61.96
acres of land located south of Whispering
Prairie Drive from RS-8, Medium Density
Single-Family Residential, to RFBH, Factory
Built Housing Residential.
4. An ordinance amending Zoning Chapter
Article N., Off-Street Parking Requirements,
Section 14-6N-lB1 specifying construction
materials for required hard-surface parking
areas.
5. An ordinance amending Zoning Chapter
Section 14-6E-6C1 to clarify the density
requirement for dwelling units in the CB-2,
Central Business zone.
Copies of the proposed resolution and ordinanc-
es are on file for public examination in the
Office of the City Clerk, Civic Center, Iowa
City, Iowa. Persons wishing to make their
views known for Council consideration are
encouraged to appear at the above-mentioned
time and place.
MARIAN K. KARR, CITY CLERK
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
CHAPTER BY CHANGING THE USE REGULA-
TIONS OF AN APPROXIMATE 80 ACRE TRACT
OF LAND, KNOWN AS THE LANGENBERG
TRACT, LOCATED SOUTHEAST OF SYCA-
MORE STREET AND EAST OF THE PLEASANT
VALLEY GOLF COURSE FROM COUNTY RS,
SUBURBAN RESIDENTIAL, TO RFBH, FACTO-
RY BUILT HOUSING RESIDENTIAL.
WHEREAS, Robert and Erma Wolf and the
City of Iowa City, Iowa, have requested the
City to rezone an approximate 80 acre tract of
land located southeast of Sycamore Street and
east of the Pleasant Valley Golf Course from
County RS, Suburban Residential, to RFBH,
Factory Built Housing Residential; and
WHEREAS, the requested zoning change will
permit development of affordable housing and
facilitate construction of Sycamore Street
extended south to City soccer fields located on
the wastewater treatment facility site; and
WHEREAS, the density of the proposed
development will be consistent with the density
designated for this area in the Comprehensive
Plan; and
WHEREAS, Iowa law provides that the City
of Iowa City may impose reasonable conditions
on granting an applicant's rezoning request,
over and above existing regulations, to satisfy
public needs directly caused by the requested
change; and
WHEREAS, the applicants acknowledge that
certain conditions and restrictions are resson-
able to ensure appropriate development of a
manufactured housing park; and
WHEREAS, the applicants have agreed to
develop this property in accordance with the
terms and conditions of a Conditional Zoning
Agreement to ensure appropriate development
of a manufactured housing park.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. APPROVAL. Subject to the terms
and conditions of the Conditional Zoning Agree-
ment as authorized by Iowa Code §414.5
(1993), a copy of which is attached hereto and
incorporated by reference herein, the property
legally described below is hereby reclassified
from its present classification of County RS to
RFBH:
The West One-Half (W ½) of the
Southeast Quarter {SE 2) of Section 26,
Township 79 North, Range 6 West of the
Ordinance No.
Page 2
5th PM, except beginning at the North-
west corner of the West Half of the South-
east Quarter of Section 26, Township 79
North, Range 6 West of the 5th P.M.,
thence South I rod, thence East to East
line of said West Half of the Southeast
Quarter, thence North I rod to the North-
east corner of said West Half of the
Southeast Quarter, thence West to the
place of beginning.
SECTION II. ZONING MAP. The City 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
final passage, approval and publication of this
Ordinance as provided by law.
SECTION III. CONDITIONAL ZONING AGREE-
MENT. The Mayor is hereby authorized and
directed to sign, and the City Clerk to attest,
the Conditional Zoning Agreement between the
property owners, applicants and the City, fol-
lowing passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORD-
ING. The City Clerk is hereby authorized .and
directed to certify a copy of this Ordinance and
the Conditional Zoning Agreement for recorda-
tion in the Office of the Recorder, Johnson
County, Iowa, upon passage and approval of
this Ordinance and following notification from
the City Development Board that the annex-
ation of the subject tract is complete.
SECTION V. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adJudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconsti-
tutional.
Ordinance No.
Page 3
SECTION VII. EFFECTI~/E DATE. This Ordi-
nance shall be in effect after its final passage.,
approval-and publication, as provided by law.
Passed and approved this . day of
,1995.
MAYOR
ATTEST:
CITY CLERK
GREEN ViEW
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, a municipal corporation
(hereinafter "City"), Robert H. Wolf and Erma J. Wolf (hereinafter "Applicants"), and the
Langen. berg heirs William L. Langenberg and Ruth M. Langenberg, husband and wife; Richard
L. Murphy and Marian J. Murphy, husband and wife; Paul C. Langenberg, Jr. and Ann E.
Langenberg, husband and wife; James R. Langenberg and Linda Langenberg, husband and
wife; Donald J. Langenberg and Diane E. Langenberg, husband and wife; Eugene T.
Langenberg and Rose Langenberg, husband and wife, and Barbara A. Langenberg, single
person (hereinafter "Owners").
WHEREAS, Owners are legal titleholders of the property legally described below; and
WHEREAS, Applicants have contracted to purchase Owners property described below; and
WHEREAS, the CiW of Iowa City, Iowa, and the Applicants have requested the City to rezone
approximately 80 acres of land from County RS, Suburban Residential, to RFBH, Factory Built
Housing Residential; and
WHEREAS, the requested rezoning change will permit development of affordable housing and
facilitate construction of Sycamore Street extended south to City soccer fields located on the
wastewater treatment faciliW site; and
WHEREAS, the density of the proposed development will be consistent with the density
designated for this area in the Comprehensive Plan; and
WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions
on granting an applicant's rezoning request, over and above existing regulations, to satisfy
public needs directly caused by the requested change; and
WHEREAS, the Parties acknowledge that certain conditions and restrictions are reasonable to
ensure appropriate development of a manufactured housing park in the south portion of Iowa
City,
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN,
THE PARTIES AGREE AS FOLLOWS:
The Langenberg heirs William L. Langenberg and Ruth M. Langenberg, husband and
wife; Richard L. Murphy and Marian J. Murphy, husband and wife; Paul C. Langenberg,
Jr. and Ann E. Langenberg, husband and wife; James R. Langenberg and Linda
Langenberg, husband and wife; Donald J. Langenberg and Diane E. Langenberg,
husband and wife; and Eugene T. Langenberg and Rose Langenberg, husband and
wife, and Marian J. Murphy, as guardian and conservator of Barbara A. Langenberg,
are owners and legal titleholders of approximately 80 acres of land located southeast
of Sycamore Street and east of Pleasant Valley Golf Course, which property is more
particularly described as follows:
The West One-Half (W 1/2} of the Southeast Quarter (SE 1/4) of Section 28,
Township 79 North, Range 6 West of the 5th PM, except beginning at the
Northwest corner of the West Half of the Southeast Quarter of Section 26,
Township 79 North, Range 6 West of the 5th P.M., thence South 1 rod, thence
East to East line of said West Half of the Southeast Quarter, thence North I rod
to the Northeaat corner of said West Half of the Southeast Quarter, thence
West to the place of beginning.
Green View Conditional 'Zonin(~ Aoreement, 1995
Page 2
q
Robert H. Wolf and Erma J. Wolf have contracted to purchase the property described
above that is owned by the Langenberg heirs cited above.
The Parties acknowledge that the City desires development of affordable housing and
construction of Sycamore Street extended to the City soccer fields.
In consideration of the City's rezoning of the subject property from County RS to
RFBH, the City, the Applicants and Owners agree that development and use of the
subject property will conform to the requirements of the RFBH zone, and the following
additional conditions:
a) Approval of the annexation by the CiW Development Board.
b)
Approval of a stormwater management plan and a grading/erosion control plan
by the City Public Works Department that assures mitigation of runoff and/or
siltation discharge from the site to the Snyder Creek Bottoms.
c)
Incorporation of appropriate open space for future residential development that
conforms to the criteria set forth in the adopted Neighborhood Open Space
ordinance.
d)
Design and implementation of a landscaping plan for the site with special
emphasis on vegetative screening along the west and north boundaries of the
site.
a)
Design of a site plan for the manufactured housing park that ensures pedestrian
access to the east and to the south of the Langenberg Tract.
f)
Review and approval by the Iowa City Planning and Zoning Commission of any
site plan or land division that occurs on the Langenberg Tract.
g)
Adherence to a density level of the RFBH-zoned area that shall not exceed an
RS-5, Low Density Single-Family Residential zone density of five dwelling units
per acre.
h)
Approval of a maintenance agreement between the City of Iowa City and
Johnson County for any portion of Sycamore Street remaining in the County
following the annexation and rezoning,
i)
Commitment by the City of Iowa City to provide adequate infrastructure to the
Langenberg Tract in a reasonable time period, including, but not limited to
providing City water, sewer and access,
j)
Design of a site plan for the manufactured housing park that ensures vehicular
access to the IDRM-zoned tract to the east.
The City, Applicants, ~,nd Owners acknowledge that the conditions herein are
reasonable conditions to impose on the land pursuant to Iowa Code §ZtlZ~.5 and that
said conditions are appropriate, and satisfy public needs which are directly caused by
the requested change.
Green View Conditional Zonino Aclreement, 1995
Page 3
The City, Applicants, and Owners acknowledge that in the event the subject property
is transferred, sold, redeveloped, subdivided, divided or split, all redevelopment will
conform with the terms of this Agreement.
The Parties acknowledge that this 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.
The City, Applicants and Owners acknowledge that nothing in this Conditional Zoning
Agreement shall be construed to relieve them from complying with all applicable local,
state and federal regulations.
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.
Dated this day of ,1995.
CITY OF IOWA CITY
· By
Susan Horowitz, Mayor
Attest:
Marian K. Karl, City Clerk
STATE OF IOWA )
) es:
JOHNSON COUNTY )
On this day of ,19 , before me,
, a Notary Public in and for the State of Iowa, personally
appeared Susan M. Horowitz 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 contained in (Ordinance) (Resolution) No.
passed by the City Council, on the day of , 19 ., and
that Susan M. Horowitz and Marian K. Karr acknowledged the 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
Green View Conditional Zonin~ A~reement, 1995
Page 4
APPLICANTS
By
Robert H. Wolf
By:
Erma J. Wolf
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 19 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Robert H. Wolf and
Erma J. Wolf, husband and wife, to me known to be the identical persons named in and who
executed the within and foregoing instrument, and acknowledged that they executed the
same as their voluntary act and deed.
Notary Public in and for the State of Iowa
Green View Conditional Zonina AQreement, 1995
Page 5
PROPERTY OWNERS
By
William L, Langenberg
By:
Ruth M. Langenberg
STATE OF IOWA
) ss:
JOHNSON COUNTY )
On this day of , 19 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared William L. Langenberg
and Ruth M. Langenberg, husband and wife, to me known to be the identical persons named
in and who executed the within and foregoing instrument, and acknowledged that they
executed the same as their voluntary act and deed.
Notary Public in and for the State of Iowa
Green View Conditional Zonina Ac~reement, 1995
Page 6
PROPERTY OWNERS
By
Marian J. Murphy
By:
Richard L. Murphy
By:
Marian J. Murphy, Guardian and
Conservator of Barbara A. Langenberg
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 19 , before me, the undersigned, a
Notary Public in and for said County, in s~id State, personally appeared Richard L. Murphy and
Marian J. Murphy, husband and wife, to me known to be the identical persons named in and
who executed the within and foregoing instrument, and acknowledged that they executed the
same as their voluntary act and deed.
Notary Public in and for the State of Iowa
STATE OF IOWA
JOHNSON COUNTY
On this day of , 19 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Marian J. Murphy,
Guardian and Conservator of Barbara A. Langenberg, to me known to be the identical person
named in and who executed the within and foregoing instrument, and acknowledged that she
executed the same as her voluntary act and deed.
Notary Public in and for the State of Iowa
Green View Conditional Zonina Aoreement, 1995
Page 7
PROPERTY OWNERS
By
Paul C. Langenberg, Jr.
By:
Ann E. Langenberg
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 19 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Paul C. Langenberg,
Jr. and Ann E. Langenberg, husband and wife, to me known to be the identical persons named
in and who executed the within and foregoing instrument, and acknowledged that they
executed the same as their voluntary act and deed.
Notary Public in and for the State of Iowa
Green View Conditional Zoning Ac~reement, 1995
Page 8
PROPERTY OWNERS
By
James R. Langenberg
By:
Linda Langenberg
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 19 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared James R. Langenberg
and Linda Langenberg, husband and wife, to me known to be the identical persons named in
and who executed the within and foregoing instrument, and acknowledged that they executed
the same as their voluntary act and deed.
Notary Public in and for the State of Iowa
Green View Conditional Zonina A~reement. 1995
Page 9
PROPERTY OWNERS
By
Donald J. Langenberg
By:
Diane E. Langenbarg
STATE OF IOWA )
).as:
JOHNSON COUNTY )
On this day of ,19 .... , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Donald J. Langenberg
and Diane E. Langenberg, husband and wife, to me known to be the identical persons named
in and who executed the within and foregoing instrument, and acknowledged that they
executed the same as their voluntary act and deed.
Notary Public in and for the State of Iowa
Green View Conditional Zonin~l A=reement, 1995
Page 10
PROPERTY OWNERS
Eugene T. Langenberg
By:
Rose Langenberg
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , 19 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Eugene T. Langenberg
and Rose Langenberg, husband and wife, to me known to be the identical persons named in
and who executed the within and foregoing instrument, and acknowledged that they executed
the same as their voluntary act and deed.
Notary Public in and for the State of Iowa
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CONDITIONALLY CHANGING
THE USE REGULATIONS OF 61.96 ACRES OF
LAND LOCATED SOUTH OF WHISPERING
PRAIRIE DRIVE FROM RS-8, MEDIUM DENSITY
SINGLE-FAMILY RESIDENTIAL, TO RFBH,
FACTORY BUILT HOUSING RESIDENTIAL.
WHEREAS, the property owner, Lake Calvin
Properties, has requested the City rezone
61.96 acres of land located south of
Whispering Prairie Drive from RS-8, Medium
Family Residential, to RFBH, Factory Built
Housing Residential; and
WHEREAS, the applicant proposes to develop
a manufactured housing subdivision on the
subject propelty; and
WHEREAS, the subject property is located
adjacent to an existing Medium Density Single-
Family Residential subdivision; and
WHEREAS, Iowa law provides that the City
of Iowa City may impose reasonable conditions
on granting the applicant's rezoning request,
over and above existing regulations, to satisfy
public needs directly caused by the requested
change; and
WHEREAS, the City wishes to ensure that
the proposed manufactured housing subdivision
is compatible with the adjacent residential
development in terms of density and street
design; and
WHEREAS, the proposed rezoning to allow
the development of a manufactured housing
subdivision is compatible with adjacent
development.and the Compre. hensive Plan for
the area prowded that the. conditions contained
in the Conditional Zoning Agreement are
adhered to; and
WHEREAS, the Applicant acknowledges that
certain conditions and restrictions are
reasonable to ensure appropriate urban
development on the southeastern edge of Iowa
City; and
WHEREAS, the Applicant has agreed to
davelop this property in accordance with the
terms and conditions of the Conditional Zoning
Agreement to ensure appropriate urban
development on the southeastern edge of Iowa
City.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Ordinance No.
Page 2
SECTION I. APPROVAL. Subject to Iowa Code
§414.5 (1993) and the terms and conditions of
the Conditional Zoning Agreetalent, attached
hereto and incorporated by reference herein,
the property. described below is hereby
reclassified from its present classification of
RS-8, Medium Densi.ty Single-Family
Residential, to RFBH, Factory Built Housing
Residential:
A tract of land in the west half of the
Northwest Quarter of Section 25,
Township 79 North, Range 6 West of
the Fifth Principal Meridian, described
as:
Beginning at the northwest corner of
Section 25; thence N88°21'OS"E,
1244.42 feet along the north line of
Section 25 to a point on the west line
of the sanitary sewer easement
recorded in Book 1053, Page 40, of the
Johnson Country Recorder's records;
thence SO°09'02"E, 1618.31 feet
along said west line; thence
S76°51'50"W, 135.62 feet; thence
S50°55'36"W, 231.50 feet; thence
S41°54'27"W, 388.36 feet; thence
S32°46'33"W, 698.64 feet to a point
on the south line of the Northwest
Quarter of Section 25; thence
S88°50'25"W, 292.04 feet to the
West Quarter Corner of Section 25;
thence N0°08'49"W, 2641.60 feet to
the Point of Beginning. Said tract
contains 61.963 Acres, more or less.
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
final passage, approval and publication of this
Ordinance as provided by law.
SECTION III. CONDITIONAL ZONING
AGREEMENT. The Mayor is hereby authorized
and directed to sign, and the City Clerk to
attest, the Conditional Zoning Agreement
between the owners .of the property and the
City, following passage and approval of this
Ordinance.
SECTION IV. CERTIFICATION AND
RECORDING. The City Clerk is hereby
authorized and directed to certify a copy of this
Ordinance and Conditional Zoning Agreement
for recordation in the Johnson County
Ordinance No.
Page 3
Recorder's Office upon passage and approval
of this Ordinance.
SECTION V. REPEALER. All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed.
SECTION VI. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
edjudged 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
unconst~utionah
SECTION VII. EFFECTIVE DATE. This
Ordinance shall be in effect after its final
passage, approval and publication, as provided
by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
/I / .
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City'~ and Lake Calvin Properties, an Iowa General Partnership
(hereinafter "Owner").
WHEREAS, Owner has requested the City rezone approximately 62 acres of land located south
of Whispering Prairie Ddve from RS-8, Medium Density Single-Family Residential to RFBH,
Factonj Built Housing Residential; and
WHEREAS, the proposed razoning will allow the development of a manufactured housing
subdivision adjacent to an existing medium density residential subdivision; and
WHEREAS, Iowa Code § 414.5 (1993) provides that the City of Iowa City may impose
reasonable conditions on granting Owner's rezoning request, over and above existing
regulations, in order to satisfy public needs directly caused by the requested change; and
WHEREAS, the City wishes to ensure that the proposed manufactured housing subdivision is
compatible with the adjacent residential development in terms of density and street design; and
WHEREAS, the proposed rezoning to allow the development of a manufactured housing
subdivision is compatible with adjacent development and the Comprehensive Plant for the area
provided that certain conditions are adhered to; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are masonable to
ensure appropriate urban development on the southeastern edge of Iowa City; and
WHEREAS, the Applicant has agreed to develop this property in accordance with certain terms
and conditions to ensure appropriate urban development on the southeastern edge of Iowa
City.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree
as follows:
Lake Calvin Properties is the owner and legal title holder of property located south of
Whispering Prairie Drive which property is more particularly described as follows:
A tract of land in the west half of the Northwest Quarter of Section
25, Township 79 North, Range 6 West of the Fifth Principal
Meridian, described as:
Beginning at the northwest comer of Section 25; thence
N88°21'05"E, 1244.42 feet along the north line of Section 25 to
a point on the west line of the sanitary sewer easement recorded
in Book 1053, Page 40, of the Johnson Country Recorder's
records; thence S0°09'02"E, 1618.31 feet along said west line;
thence S76°51'50'I/V, 135.62 feet; thence S50°55'36'I/V, 231.50
feet; thence S41°54'27'IN, 388.36 feet; thence S32°46'33'~/V,
698.64 feet to a point on the south line of the Northwest Quarter
of Section 25; thence S88°50'25'I/V, 292.04 feet to the West
Quarter Comer of Section 25; thence N0°08'49'IN, 2641.60 feet
to the Point of Beginning. Said tract contains 61.963 Acres, more
or less.
-2-
Owner acknowledges that the City wishes to ensure that development of the subject
properly is compatible with adjacent properties which are zoned RS-8. Therefore, Owner
agrees to certain conditions over and above City regulations in order to ensure that
development of the subject property is compatible with adjacent properties and to
ensure appropriate urban development on the southeastern edge of Iowa City.
In consideration of the City's rezoning the subject property from RS-8 to RFBH, Owner
agrees that development and use of the subject property will conform to all requirements
of the RFBH zone as well as the following additional conditions:
Development of the property shall be subject to subdivision approval pursuant
to the Iowa City City Code, and shall include. the extension of Whispering Prairie
Ddve to the proposed east/west parkway along the southern boundary of the
property,
The density of development of the subject property shall not exceed eight
dwelling units per acre.
Development of the property shall be subject to the design and implementation
of a landscape plan with special emphasis on a buffer strip and vegetative
screening along the north boundary of the property. The design of the
landscaping plan shall be approved by the Director of Planning and Community
Development prior to final subdivision approval.
Development of the subject property shall be subject to all conditions contained
in the Conditional Zoning Agreement entered into between the City and the
Sycamore Farms Company recorded in the Johnson Country Recorder's Office
at Book 1793, Page 220-223.
The Owner acknowledges that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code § 414.5 (1993), and that said
conditions satisfy public needs which are directly caused by the requested zoning
change.
The Owner acknowledges that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
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 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.
Owner acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the applicant from complying with all applicable local, state and
federal regulations.
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.
-3-
Dated this day of
LAKE CALVIN PROPERTIES
, 1995.
CITY OF IOWA CITY
By
Stephen F. Bright
General Partner
By
Susan M. Horowitz, Mayor
Attest:
STATE OF IOWA
JOHNSON COUNTY
Marian K. Karr, City Clerk
On this day of ,1995, before me,
, a Notary Public in and for the State of Iowa, personally appeared Susan M.
Horowitz and Marian K. Karr, to me pemonally 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 contained in Ordinance No. passed by the City Council on the
day of ,19 , and that and Marian K. Karr
acknowledged the 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
STATE OF IOWA
JOHNSON COUNTY
On this day of ,1995, before me the undersigned, a Notary Public in
and for said State, personally appeared, who
being by me duly sworn did say that he is a partner of Lake Calvin Properties, an Iowa General
Partnership, and that the instrument was signed on behalf of said partnership by authority of
its partners; and that acknowledges the execution of the
instrument to be the voluntary act and deed of Lake Calvin Properties and by said partnership
to be voluntarily executed.
Notary Public in and for the State of Iowa
ORDINANCE NO. 95-3665
AN ORDINANCE AMENDING TITLE 14-5
CHAPTER 5, ENTITLED "BUILDING AND
HOUSING" CITY CODE BY REVISING ARTICLE
A, ENTITLED "BUILDING CODE" AND ARTICLE
B, ENTITLED "PLUMBING CODE" TO CHANGE
THE OCCUPANT LOAD AT WHICH SEPARATE
RESTROOMS ARE REQUIRED FOR EACH SEX
FROM FOUR (4) TO FIFTEEN (15).
WHEREAS, the City wishes to encourage
the development and prosperity of small
businesses within the City; and
WHEREAS, separate gender, handicap
accessible restrooms consume a large area and
place hardship on small business owners; and
WHEREAS, one accessible unisex restroom
is adequate to serve up to 15 occupants; and
WHEREAS, the Board of Appeals has
reviewed the proposed amendments to the
building and plumbing codes and recommends
their adoption.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I AMENDMENTS. Chapter 5, entitled
"Building and Housing" of the City Code be
hereby amended by:
a. Repealing Section 705(c) of the Uniform
Building Code as adopted in Section 14-
5a-1 of the City Code and adding a new
section 705(c) as follows:
(c) Sanitation. Buildings or portions
thereof where persons are employed
shall be provided with at least one water
closet. Separate facilities shall be
provided for each sex when the number
of employees exceeds fifteen (1§) on-
duty simultaneously. Such toilet
facilities shsll be located either in such
building or conveniently in an adjacent
building on the same property.
Such water closet rooms in
connection with food establishments
where food is prepared, stored or served
shall have a non-absorbent finish as
specified in Section 510(b), shall have
hand washing facilities therein or
adjacent thereto, and shall be separated
from food preparation or storage rooms
as specified in Section 510(a).
For other requirements on water
closets, see Section 511.
b. Repealing Section 910 of the Uniform
Plumbing Code as adopted by Section
Ordinance No. 95-3665
Page 2
14-5b-1 of the City Code and adding a
new section 910 as follows:
(a) Every building intended for human
occupancy shall be provided with
sanitary facilities as required by this
Section and Table 9-A. The occupant
load used to determine the minimum
number of sanitary fixtures shall be the
occupant load established by the
Uniform Building Code in Section 3302
and Table No. 33-A. The established
occupant load shall be assumed to be
one*half (½) male and one-half {½)
female unless sufficient evidence to the
contrary is supplied to the administrative
authority, Exception: when toilet
facilities are provided for employees
only, the occupant load shall be the
actual number of employees on the
largest shift.
(b) Buildings with the total occupant
load of less than 16 may provide the
required fixtures in a unisex restroom.
Urinals need not be provided in unisex
restrooms, Buildings with an occupant
load of 16 or more shall provide
separate facilities for each sex.
SECTION It, REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION III, SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 17th day of
January, 1995.
CiTY CLERK
Approved by
City Attorney's Office
Ordinance No. 95-3665
Page. 3
Itwas moved by Novtck and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Kubby
x Baker
x Horowitz
x Kubby
x . Lehman
y. . Novick
~ Pigott
x Throgmorton
that the Ordinance
First Consideration 12/2o/94
Vote for passage: ARES: Kubby, Lehman, Novick, P:l. gott, Throg~orton,
Baker, Horowitz. NAYS: None. ABSENT: None.
Second Consideration 1/3/95
Vote for passage: AYES: Novick, Pigott, Throgmorton,Baker, Horowitz,
Kubby, Lehman. NAYS: None. ABSENT: None.
Date published ]/~/~
ORDINANCE NO,
AN ORDINANCE AMENDING TITLE 14-5
CHAPTER 5, ENTITLED "BUILDING AND
HOUSING" CiTY CODE BY REVISING ARTICLE
A, ENTITLED "BUILDING CODE" AND ARTICLE
B, ENTITLED "PLUMBING CODE" TO CHANGE
THE OCCUPANT LOAD AT WHICH SEPARATE
ARE REQUIRED FOR EACH SEX
(4) TO FIFTEEN (15).
the City wishes to encourage
development and prosperity of small /
~ses within the City; and /
"REAS, separate gender, handicap//
restrooms consume a large area an/d
place lip on small business owners; a?'d
~S, one accessible unisex restr~om
is to serve up to 15 occupant~' and
the Board of Appeals has
reviewed proposed amendmen to the
building and I codes and r s
NOW, BE IT OR]
CITY COUNCIL THE IOWA CITY,
IOWA:
SECTION I AMENI . entitled
UBuilding and the City Code be
hereby amended by:
a. ,n 705(c) of the Uniform
Building Co 14-
5a-1 of th a new
section
(c)
where
Separate
or each
employees exceeds --
facilities shall he located
building or
adj
ildings or portions
)ns are employed
at least one water
shall be
hen the number
fifteen
~,. Such toilet
in such
Ion
the same property.
Such water closet ro..~ms in
connection with food establish~ments
where food is prepared, stored or s~rved
shall have a non-absorbent ~ finish
as specified in Section 510(b), shall
have hand washing facilities therein or
adjacent thereto, and shall be separated
from food preparation or storage rooms
as specified in Section 510(a).
For other requirements on water
closets, see Section 511.
Repealing Section 910 of the Uniform
Plumbing Code as adopted by Section
Ordinance No.
Page 2
14-5b-1 of the City Code and adding a
new section 910 as follows:
(a) Every building intended for human
occupancy shall be provided with
sanitary facilities as required by this
Section and Table 9-A. The ~ant
load used to determine the linimum
number of sanitary be the
3ant load established the
Building Code in
Table No. 33-A. The
~ant load shall be
(~) male and
is supplied to'
ty. Excepti
are
only, occup[
actual
largest ~
(hi
load of
required
Urinals
load
SECTION II.
parts of
sions of th
SECTION
to be
the
administrative
when toilet
for employees
load shall be the
employees on the
the total occupant
lan 16 may provide the
In a untsex restroom.
ot be provided in unisex
dlngs with an occupant
more shall provide
for each sex.
All ordinances and
in :lict with the provi-
Ordinanc~
If any section,
part of the nance shall be
beinvalid or unco~ such
adjudi~ shall not affect of the
Ordin~ provision
or p;
tuti(
IV. EFFECTIVE DATE. ~is Ordi-
be in effect after its f. inal I~ssage,
publication, as prowded b~aw.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
/,~oved by ~.~/.
City Attorney'S'Office