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HomeMy WebLinkAbout1995-01-31 OrdinanceORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF AN APPROXIMATE FOUR ACRE TRACT OF LAND LOCATED EAST OF RARLOCKE STREET, GENERALLY KNOWN AS THE JENSEN TRACT, IOWA CITY, IOWA, FROM RM-44, HIGH DENSITY MULTI-FAMILY RESIDENTIAL, TO RS-5, LOW DENSITY SINGLE FAMILY RESIDENTIAL. WHEREAS, the Planning and Zoning Commission has studied the subject area; and WHEREAS, the Commission has found that the existing RM-44 zoning is inappropriate due to the rugged topography and increased vehicular congestion in the area; and WHEREAS, the Commission has recommended that the subject area be rezoned from RM-44, High Density Multi-Family Residential, to RS-5, Low Density Single Family Residential. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. That the property described below is hereby reclassified from its present classification of RM-44, High Density Multi-Family Residential, to RS-5, Low Density Single Family Residential: Lot 25, Weeber's Third Addition to Iowa City, Iowa, according to the recorded plat thereof, and generally known as the Jensen tract. SECTION II. ZONING MAP. The Building Inspector ism.hereby authorized and directed to change 't~e 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. The City Clerk is hereby authorized and directed to certify a copy.of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances In conflict with the provision of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of this 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 Ordinance No. Page 2 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 required by law. Passed and approved this- MAYOR ATTEST: CITY CLERK It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick __ Pigott __ Throgmorton that the Ordinance as read be First Consideration Vote for passage: Second Consideration Vote for passage: Date published ppdadmin~harlocke.ord NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, lowe, at 7:30 p.m. on the 17th day of January, 1995, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, at which hearing the Council will consider: 1. An amendment of the Comprehensive Plan to change the land use map designation of property located on the north side of High- way I West from 8-16 dwelling units per acre to 2-8 dwelling units per acre and general commercial. 2. An ordinance changing the use regulations of an approximate four acre tract of land, known as the Jensen tract, located east of Hatlocke Street from RM-44, High Density Multi-Family Residential, to RS-5, Low (~ Densi?. Single-Family Residential. . An ordinance amending the Zoning Ordi- nance by changing the use regulations of approximately two acres located generally on the west side of Hatlocke Street from RM-44, High Density Multi-Family Residen- tial, to RS-5, Low Density Single-Family Residential. 4. An ordinance amending the use regulations of an approximate 4.57 acre tract of land, known as the western portion of the Ruppert tract, located generally north of Highway I West from RM-44, High Density Multi-Family Residential, to RS-5, Low Density Single-Family Residential. 5. An ordinance amending the Zoning Ordi- nance by conditionally changing the use regulations of an approximate 4.5 acre tract, known as the eastern portion of the Ruppert Tract, located generally north of Highway 1 West from RM-44, High Density Multi-Family Residential, to CC-2, Communi- ty Commercial. 6. An application to rezone an approximate 1.5 acre tract of land located north of Highway I West and west of Miller Street from R8-8, Medium Density Single-Family Residential, to CC-2, Community Commercial. 7. An ordinance amending the Zoning Ordi- nance by changing the use regulations of a 0.32 acre parcel located at 719 S. Capitol Street from C1-1, Intensive Commercial, to P, Public. 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 ORDINANCE BY CHANGING THE USE REGULATIONS OF AN APPROXIMATE TWO ACRE TRACT OF LAND GENERALLY LOCATED ON THE WEST SIDE OF HARLOCKE STREET, IOWA CITY, IOWA, FROM RM-44, HIGH DENSITY MULTI-FAMiLY RESIDENTIAL, TO RS- B, A LOW DENSITY SINGLE FAMILY RESIDENTIAL ZONE. WHEREAS, the Planning and Zoning Commission has studied the subject area; and WHEREAS, the Commission has found that the existing RM-44 zoning is inappropriate because traffic from the subject area travels through a neighboring low density single-family neighborhood; and WHEREAS, the Commission has recommended that the subject area be rezoned from RM-44, High Density Multi-Family Residential, to RS-5, Low Density Single Family Residential: NOW, THEREFORE, BE IT OHDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. That the property described below is hereby reclassified from its present classification of RM~,4, High Density Multi-Family Residential, to RS-5, Low Density Single Family Residential. Lots 20, 21, 22, 23 and 24, Weeber's Third 'Addition to Iowa City, Iowa, according to the recorded plat thereof. SECTION I1o 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 II1. CERTIFICATION AND RECORDING. The City Clerk Is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of this 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 Ordinance No. Page 2 or part thereof not adjudged invalid or unconstitutional. SECTION Vh EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this MAYOR ATTEST: CITY CLERK A.p..p.a~ by '~ .../ It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz __ Kubby Lehman Novick __ Pigott __ Throgmorton that the Ordinance as read be First Consideration Vote for passage: Second Consideration Vote for passage: Date published ppcladmin~westharl.ord NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 17th day of January, 1995, in the Civic Center Council Chambers, 410 E. Washington Street, iowa City, Iowa, at which hearing the Council will consider: 1. An amendment of the Comprehensive Plan to change the land use map designation of property located on the north side of High- way 1 West from 8-16 dwelling units per acre to 2-8 dwelling units per acre and general commercial. 2. An ordinance changing the use regulations of an approximate four acre tract of land, known as the Jensen tract, located east of Harlocke Street from RM-44, High Density Multi-Family Residential, to RS-5, Low Density Single-Family Residential. 3. An ordinance amending the Zoning Ordi- nance by changing the use regulations of approximately two acres located generally on the west side of Hatlocke Street from RM-44, High Density Multi-Family Residen- tial, to RS-5, Low Density Single-Family Residential. An ordinance amending the use regulations of an approximate 4.57 acre tract of land, known as the western portion of the Ruppert tract, located generally north of Highway 1 West from RM-44, High Density Multi-Family Residential, to RS-5, Low Density Single-Family Residential. 5. An ordinance amending the Zoning Ordi- nance by conditionally changing the use regulations of an approximate 4.5 acre tract, known as the eastern portion of the Ruppert Tract, located generally north of Highway 1 West from RM-44, High Density Multi-Family Residential, to CC-2, Communi- ty Commercial. 6. An application to fezone an approximate 1.5 acre tract of land located north of Highway 1 West and west of Miller Street from RS-8, Medium Density Single-Family Residential, to CC-2, Community Commercial. 7. An ordinance amending the Zoning Ordi- nance by changing the use regulations of a 0.32 acre parcel located at 719 S. Capitol Street from C1-1, Intensive Commercial, to P, Public. 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 ORDINANCENO, AN ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE USE REGULATIONS OF AN APPROXIMATE 4.57 ACRE TRACT OF LAND LOCATL;) GENERALLY NORTH OF HIGHWAY 1 WEST, KNOWN AS THE WESTERN PORTION OF THE RUPPERT TRACT, IOWA CITY, IOWA, FROM RM-44, HIGH DENSITY MULTI-FAMILY RESIDENTIAL, TO RS-5, LOW DENSITY SINGLE-FAMILY RESIDENTIAL. WHEREAS, the Planning and Zoning Commission has studied the subject area; and WHEREAS, the Commission has found that the existing RM-44 zoning is inappropriate due to the rugged topography and vehicular congestion in the immediate area; and WHEREAS, the Commission has recommended that the subject area be rezoned from RM-44 to RS-5. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. That the property described below is hereby reclassified from its present classification of RM-44, High DensiW Multi-Family Residential, to RS-5, Low Densiw Single-Family Residential: Commencing at the Northwest Corner of the Southeast Quarter of Section 16, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence S00°30'48"W, along the West Line of said Southeast Quarter, 493.66 feet; Thence N89°52'33"W, 337.07 feet, to the Southeast Corner of Benton Manor, as recorded in Plat Book 22, at Page 22, of the records of the Johnson County Recorder's Office; Thence N89o59'59"W, (a recorded bearing along the South Line of said Benton Manor), 421.42 feet, to the Southwest Corner thereof, which point is a18o the Southeast Corner of Lot 25, of Weeber's Third Addition to lows City, Iowa, as lecorded in Plat Book 9, at Page 14, of the Records of the Johnson County Recorder's Office; Thence S89o44'56"E, along the South Line of said Lot 25, 225.28 feet; to the Point of Beginning; Thence S18°24'08"E, 404.84 feet, to a point on the Northerly Right-of-Way Line of Iowa Primary Road No. 1; Thence S71 o35'52"W, along said Northerly Right- of-Way Line, 152.00 feet, to a point which is 190.00 feet, radially distant Northwesterly of Centerline Station 146+10; Thence S§7°55'37"W, along said Northwesterly Right-of-Way Line, 369.85 feet; Thence NOOOOB'O7"E, Ordinance No. Page 2 468.18 feet, to the Northeast Corner, of the Southeast Quarter, of the Northwest Quarter, of the Southwest Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian, as recorded in Plat Book 9, at Page 13, of the Records of the Johnson County Recordefts Office; Thence N00°13'OS"E, 161.77 feet, to the Southwest Corner of Lot 24, of said Weebeds Third Addition to Iowa City, Iowa; Thence S89o44'56"E, along the South Line of said Weeber's Third Addition, 328.37 feet, to the Point of Beginning. Said Tract of land contains 4.57 acres, more or lees, and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The 8uilding 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. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of Johnson County, Iowa, upon final peasage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of this 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 MAYOR ATTEST: CITY CLERK Ordinance No. Page 3 It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ASSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton that the Ordinance as read be First Consideration Vote for passage: Second Consideration Vote for passage: Date published ppdadmln~nohwylv3.ord NOTICE OF PUBI~IC HEARING Notice is hereby given that a public hearing will be held by the Ciw Council of Iowa City, Iowa, at 7:30 p.m. on the 17th day of January, 1995, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, at which hearing the Council will consider: 1. An amendment of the Comprehensive Plan to change the land use map designation of property located on the north side of High- way 1 West from 8-16 dwelling units per acre to 2-8 dwelling units per acre and general commercial. 2. An ordinance changing the use regulations of an approximate four acre tract of land, known as the Jensen tract, located east of Hatlocke Street from RM-44, High Density Multi-Family Residential, to RS-5, Low Density Single-Family Residential. 3. An ordinance amending the Zoning Ordi- nance by changing the use regulations of approximately two acres located generally on the west side of Hatlocke Street from RM-44, High Density Multi-Family Residen- tial, to RS-5, Low Density Single*Family Residential. 4. An ordinance amending the use regulations of an approximate 4.57 acre tract of land, known as the western portion of the Ruppert tract, located generally north of Highway I West from RM-44, High Density Multi-Family Residential, to RS-5, Low (~ Densi~ Single-Family Residential. An ordinance amending the Zoning Ordi* nance by conditionally changing the use regulations of an approximate 4.5 acre tract, known as the eastern portion of the Ruppert Tract, located generally north of Highway 1 West from RM-44, High Density Multi-Family Residential, to CC-2, Communi- ty Commercial. 6. An application to rezone an approximate 1.5 acre tract of land located north of Highway 1 West and west of Miller Street from RS-8, Medium Density Single-Family Residential, to CC-2, Community Commercial. 7. An ordinance amending the Zoning Ordi- nance by changing the use regulations of a 0.32 acre parcel located at 719 S. Capitol Street from C1-1, intensive Commercial, to P, Public. Copies of the proposed resolution and ordinan¢-. 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 CONDITIONALLY CHANGING THE USE REGULATIONS OF AN APPROXIMATE 4.09 ACRE TRACT OF LAND LOCATED GENERALLY NORTH OF HIGHWAY 1 WEST, KNOWN AS THE EASTERN FORTION OF THE RUPPERT TRACT, IOWA CITY, IOWA, FROM RM-44, HIGH DENSITY MULTI-FAMILY RESIDENTIAL, TO CC-2, COMMUNITY COMMERCIAL. WHEREAS, the Planning and Zoning Commission has studied the subject area; and WHEREAS, the subject property is located adjacent to an existing area of community commercial zoning; and WHEREAS, the Commission has recommended that the subject area be rezoned from RM-44 to CC-2, subject to the retention of the existing natural buffer on the western 200 feet of the property in its natural state to provide a transition between potential commercial development on the subject property and potential residential development on the property to the west; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on approving rezonings, over and above existing regulations, to satisfy public needs directly caused by the change; and WHEREAS, the owners and applicant acknowledge that the terms and conditions contained in the Conditional Zoning Agreement are reasonable to impose on the land under Iowa Code §414.5 (1993) to satiefy public needs directly caused by the zoning change and to ensure an appropriate buffer between potential commercial development on the subject property and potential residential property located immediately to the west; and WHEREAS, the owners have agreed to the terms and conditions contained in the Conditional Zoning Agreement, attached hereto and incorporated by this reference. 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 Agreement 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 RM-44, High Density Multi-Family Residential, to CC-2, Community Commercial: Ordinance No. Page 2 Commencing at the Northwest Corner of the Southeast Quarter of Section 16, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence S00°30'48"W, along the West Line of said Southeast Quarter, 493.66 feet; Thence N89°§2'33"W, 337.07 feet, to the Southeast Corner of Benton Manor, as recorded in Plat Book 22, at Page 22, of the records of the Johnson County Recorder's Office, which is the Point of Beginning; Thence S00o30'48"W, 211.15 feet, to a point on the Northerly Right-of- Way Line of Iowa Prirna~, Road No. 1: Thence S71°35'52"W, along said Northerly Right-of-Way Line, 544.87 feet; Thence N18°24'O8"W, 404.84 feet, to a point on the Southerly Line of Lot 25, of Weeber's Third Addition, to Iowa City, Iowa, as recorded in Plat Book 9, at Page 14, of the Records of the Johnson County Recorder's Office; Thence S89°44'56"E, along the South Line of said Lot 25, 225.28 feet, to the Southeast Corner thereof, which point is also the Southwest Corner of said Benton Manor; Thence S89°59'59"E, along the South Line of said Benton Manor, 421.42 feet, to the Point of Beginning. Said tract of land contains 4.09 acres, more or less, and is subject to easement and restrictions of record. 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 IIh CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property Owners and the City, ~ollowing 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 the Conditional Zoning Agreement for recordation at the expense of the owner in the Office of the Recorder, Johnson County, Iowa, upon final passage, approval and publication as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Ordinance No. Page 3 SECTION VI. SEVERABILITY. If any section, provision or part of this 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 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 It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton that the Ordinance as read be First Consideration Vote for passage: Second Consideration Vote for passage: Date published ppdadmin~nohwy$ v2.ord CONDITIONAL ZONING AGREEMENT THIS AGREEMENT IS MADE BY IN BETWEEN THE CITY OF IOWA CITY, IOWA, A MUNICIPAL CORPORATION (HEREINAFTER "THE CITY"), CHARLES W. RUPPER,T AND MARIE RUPPER, T, HUSBAND AND WIFE, RICHARD H. RUPPERT, SINGLE, R,OBERT L. R,UPPERT AND MAXINE RUPPERT, HUSBAND AND WIFE, KATHERINE C. HOGAN AND EUGENE HOGAN, WIFE AND HUSBAND, CLELDON F. R,UPPERT AND BETTY C. RUPPERT, HUSBAND AND WIFE, HER`MAN G. RUPPERT AND BETTY LOU RUPPERT, HUSBAND AND WIFE, R,OSAMOND V. COOPER AN[:) DEAN COOPER, WIFE AND HUSBAND (HEREINAFTER "OWNER`S"). WHEREAS, Owners are legal title holders of the property legally described below; and WHEREAS, the subject property is located adjacent to an existing area of community commercial zoning; and WHEREAS, the City is considering rezoning the portion of the Owners property located north of Highway one and west of Miller Street, generally known as the eastern portion of the Ruppert tract, from RM-44, high density multi-family residential, to CC-2, community commercial; and WHEREAS, Iowa Code {414.5 (1993) provides that the City of Iowa City may impose reasonable conditions on approving rezonings, over and above existing regulations, to satisfy public needs directly caused by zoning changes; and WHEREAS, Owners acknowledge that certain conditions and restrictions are reasonable to satisfy public needs directly caused by the zoning change and to ensure an appropriate buffer between potential commercial development on the subject property and potential residential development on the property located immediately to the west. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Owners agree as follows: Charles W. Ruppert, and Marie Ruppert, husband and wife, Richard H. Ruppert, Single, Robert L. Ruppert and Maxine Ruppert, husband and wife, Katherine C. Hogan and Eugene Hogan, wife and husband, Cleldon F. Ruppert and Betty C. Ruppert, husband and wife, Herman G. Ruppert and Betty Lou Ruppert, husband and wife, Rosamond V. Cooper and Dean Cooper, wife and husband, the Owners and legal title holders of property located north of Highway I and west of Miller Street, legally described as follows: Commencing at the Northwest Comer of the Southeast Quarter of Section 16, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence S00°30'48'IN, along the West Line of said Southeast Quarter, 493.66 feet; Thence N89°52'33'~/V, 337.07 feet, to the Southeast Comer of Benton Manor, as recorded in Plat Book 22, at Page 22, of the records of the Johnson County Recorder's Office, which is the Point of Beginning; Thence S00°30'48'~/V, 211.15 feet, to a point on the Northerly Right-of-Way Line of Iowa Pdmary Road No. 1; ZONING AGREEMENT January 12, 1995 -2- Thence S71°35'52'~V, along said Northerly Right-of-Way Line, 544.87 feet; Thende N18°24'08'~JV, 404.84 feet, to a point on the Southerly Line of Lot 25, of Weeber's Third Addition, to Iowa City, Iowa, as recorded in Plant Book 9, at Page 14, of the Records of the Johnson County Recorder's Office; Thence S89°44'56"E, along the South Line of said Lot 25, 225.28 feet, to the Southeast Comer thereof, which point is also the Southwest Comer of said Benton Manor;, Thence S89°59'59"E, along the South Line of said Benton Manor, 421.42 feet, to the Point of Beginning. Said tract of land contains 4.09 acres, more or less, and is subject to easements and restrictions of record. The Owners acknowledge that the City wishes to ensure an appropriate buffer between potential commercial development on the subject property and potential residential development on the property located immediately to the west, and therefore, agrees to certain conditions over and above City regulations to ensure the provision of such a buffer. In consideretlon of the City's rezoning the subject property from RM-44, high density, multi-family residential, to CC-2, community commemial, the Owners agree that development and use of the subject property will conform to the requirements of the CC- 2 zone, as well as the following additional conditions: The existing naturel buffer, consisting of a revine, trees and other vegetation, located within the western 200 feet of the subject property will be retained in its naturel state. There shall be no removal, destruction or cutting of trees or plants, disturbance or change in the natural habitat in any manner within the western 200 feet of the property except for routine maintenance of trees and plants and removal of decayed or damaged vegetation, including weeds and noxious plants. Ownere acknowledge that 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 change in zoning. Owners acknowledge that in the event that the subject property is transferred, sold, redeveloped, subdivided, divided or split, all development will conform with the terms of this agreement. Parties acknowledge that this 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 affect as a covenant running with the title to tl~e 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 assignees of the Parties. Owners acknowledge that nothing in this Agreement shall be construed to relieve owners from complying with all applicable local, state and federal regulations. The Parties agree that this Conditional Zoning Agreement shall be incorporeted by ZONING AGREEMENT January 12, 1995 -3- reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this agreement .~hall be recorded in the Johnson County Recorder's office. Dated this day of ,1995. CITY OF IOWA CITY, IOWA By: Susan M. Horowitz, Mayor Marian K. Karr, City Clerk ZONING AGREEMENT January 12, 1995 -4- PROPERTY OWNERS By: Chades W. Ruppert By: Made Ruppert STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of ,19 , before me, the undersigned, a Notary Public in Johnson County, in the State of Iowa, personally appeared Charles W. Ruppert and Marie Ruppert, 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 volunta~/act and deed. Notary Public in and for the State of Iowa ZONING AGREEMENT January 12, 1995 -5- PROPERTY OWNER By: Richard H. Ruppert STATE OF ) ) SS: COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in County, in the State of , personally appeared Richard H. Ruppert, single, to me known to'be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of ZONING AGREEMENT January 12, 1995 -6- PROPERTY OWNERS By: Robe~ L. Ruppe~ By: Maxine Ruppe~t STATE OF COUNTY On this day of , 19 , before me, the undersigned, a Notary Public in County, in the State of , personally appeared Robert L. Ruppert and Maxine Ruppert, husband and wife, to me known to be the identical peruohs 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 ZONING AGREEMENT January 12, 1995 -7- PROPERTY OWNERS By: Katherine C. Hogan By: Eugene Hogan STATE OF ) ) SS: COUNTY ) On this day of ,19 , before me~ the undersigned, a Notary Public in County, in the State of , personally appeared Katherine C. Hogan and Eugene Hogan, wife and husband, to me known to be the identical peruOhS 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 ZONING AGREEMENT January 12, 1995 -8- PROPERTY OWNERS By: Cleldon F. Ruppert By: Betty C. Ruppert STATE OF COUNTY ) ) 85: ). On this day of , 19 , before me, the undersigned, a Notary Public in County, in the State of , personally appeared Cleldon F. Ruppert and Betty C. Ruppert, 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 ZONING AGREEMENT January 12, 1995 -9- PROPERTY OVVNERS By: Herman G. Ruppe. rt By: Betty Lou Ruppert STATE OF ) ) S8: COUNTY ) On this day of , 19 ....before me, the undersigned, a Notary Public in County, in the State of , personally appeared Herman G. Ruppert and Betty Lou Ruppert, 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 ZONING AGREEMENT January 12, 1995 -10- PROPERTY OWNERS By: Rosamond V. Cooper By: Dean Cooper STATE OF COUNTY On this day of ,19 , before me, the undersigned, a Notary Public in County, in the State of , personally appeared Rosamond V. Cooper and Dean Cooper, wife and husband, 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. Nota~j Public in and for the State of NOTICE OF PUBLIC REARING 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 17th day of January, 1995, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, st which hearing the Council will consider: 1. An amendment of the Comprehensive Plan to change the land use map designation of property located on the north side of High- way 1 West from 8-16 dwelling units per acre to 2-8 dwelling units per acre and general commercial. 2. An ordinance changing the use regulations of an approximate four acre tract of land, known as the Jensen tract, located east of Hatlocke Street from RM-44, High Density Multi-Family Residential, to RS-5, Low Density Single-Family Residential. 3. An ordinance amending the Zoning Ordi- nance by changing the use regulations of approximately two acres located generally on the west side of Hatlocke Street from RM-44, High Density Multi. Family Residen- tial, to RS-5, Low Density Single-Family Residential. 4. An ordinance amending the use regulations of an approximate 4.57 acre tract of land, krlown as the western portion of the Ruppert tract, located generally north of Highway 1 West from RM-44, High Density Multi-Family Residential, to RS-5, Low Density Single-Family Residential. ' 5. An ordinance amending the Zoning Ordi- nance by conditionally changing the use regulations of an approximate 4.5 acre tract, known as the eastern portion of the Ruppert Tract, located generally north of Highway 1 West from RM-44, High Density Multi-Family Residential, to CC-2, Communi- ty Commercial. An application to fezone an approximate 1.5 acre tract of land located north of Highway 1 West and west of Miller Street from RS-8, Medium Density Single-Family Residential, to CC-2, Community Commercial. 7. An ordinance amending the Zoning Ordi- nance by changing the use regulations of a 0.32 acre parcel located at 719 S. Capitol Street from C1-1, Intensive Commercial, to P, Public. 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 1.5 ACRE TRACT OF t. AN-n ~_OCATED NORTH OF HIGH- WAY 1 WEST AND WEST OF MILLER STREET, IOWA CITY, IOWA, FROM RS-8, MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL, TO CC-2, COMMUNITY COMMERCIAL. WHEREAS, the Planning and Zoning Commis- sion has studied the subject area; and WHEREAS, the subject property is adjacent to existing CC-2 zoning; and WHEREAS, the commission has recommend- ed that the subject area be rezoned from RS-8 to CC-2. NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. That the property described below is hereby reclassified from its present classification of RS-8, medium density single-family residential, to CC-2, community commercial; Commencing at the Northwest Corner of the Southeast Quarter of Section 16, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence S00o30'48"W, along the West Line of said Southeast Quarter, 377,86 feet to the Point of Beginning; Thence S89°52'33"E, 542.11 feet; Thence S02°- 30'00"E, 115.92 feet; Thence N89°52'33"W, 548.21 feet, to a point on said West Line of the Southeast Quarter; Thence NOOO30'48"E, along said West Line, 115.80 feet, to the Point of Beginning. Said Tract of land contains 1.5 acres, more or less, and is subject to ease- ments and restrictions of record. 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 RECORD- ING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shell be recorded by the owner at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publica- tion as provided by law. Ordinance No. Page 2 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 this 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- tutidnal. 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 MAYOR ATTEST: CITY CLERK ~ Appr""--~ove y ,~ ~,/,~ ORDINANCENO. DEFEATED 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 reason- 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 0RDAINED 8Y 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- mant 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 ~) of the- Southeast Quarter {SE ~) 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 1 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. EFFECTIVE DATE. This Ordi- nance shall be in affect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,1995. MAYOR ATTEST: CITY CLERK - ,.3'70 Ordinance No. Page., It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman . Novick Pigoft Throgmorton that the Ordinance 6 First Consideration 1/31/9.5 DR~'RAT~r) TtT'r) NO'~ ~VE ~]~QUT~ 1~q.~ES Vote for passage: AYES: Baker, Horowitz, Lehman, Novick. NAYS: Kubby, Pigott, Throgmorton. ABSENT: None. Second Consideration Vote for passage: Date published ,3?0 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 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; 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 City 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 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 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 26, 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 1 rod to the Northeast corner of said West Half of the Southeast Quarter, thence West to the place of beginning, ,3'70 Green View Conditional Zoning AGreement, 1995 Page 2 .. 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 City 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. e) 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. 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 §414.5 and that said conditions are appropriate, and satisfy public needs which are directly caused by the requested change. ,3'70 Green View Conditional Zonin(3 A~reement, 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. Karr, City Clerk STATE OF IOWA ) SS: 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 Zonino Agreement, 1995 Page 4 APPLICANTS BY= Erma j.~Wolf~'//~~ STATE OF iOWA ) ) SS: JOHNSON COUNTY ) 5*4*' -'"'"* On this 3l day of O~-n~_~/ , 19 ?_~, before me, the undersigned, a Notary Public in and for said County, rn 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 Zonin~ A~reement. 1995 Page 5 PROPERTY OWNERS William L. Lar~n~g ~r 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. OFFICIAL SEA/ ..'.,". ~IAXINE E. HAMMER ooe841 ~ Corem, F..~ 9.22.Q5 i nd for the State of Iowa Green View Conditional Zonino Agreement, 1995 Page 6 PROPERTY OWNERS Marian J. IV~rphy - ~ ~chard L. Murphy/ ! c, Marian J. N~rphy, Gu§rdi~n ~nd Conservator of Barbara A. Langenberg STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this , ~ day of ~).qno~t , 19~({ , before me, the undersigned, a Notary Public in and for said Count,/, in said 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, STATE OF IOWA ) ) SS,' JOHNSON COUNTY ) On this o~~- day of ~ , 19Cl/J{, 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 {he same as her voluntary act and deed. ~ta~w Pu'blic in d'fo~ of Iowa Green View Conditional Zoninq Aareement, 1995 Page 7 PROPERTY OWNERS Paul C. Langenberg,UJr. U Ann E. Langenberg v (~ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this .~O'P~ day of ~)~-CavYl.~ , 19~, before me, the undersigned, a Notary Pub~ i~'~nd for said County, ~n 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. JULIE ANN BLACK ~ry Public In and for the State of Iowa Green View Conditional Zoning AGreement, 1995 Page 8 PROPERTY OWNERS ~James R. Langenberg ~ STATE OF IOWA ) SS-' JOHNSON COUNTY ) On this ;~ day of ~ , 19~.~,, before me, the undersigned, a Notary Publi~ in and for said (~o~r~ty, in said State, personally appeared James R. Langenberg and Linda Langenberg, husband and wife, to mev ' --'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 Pj~e-in/and for the State of Iowa ! Green View Conditional Zoninq A~reement. 1995 Page 9 PROPERTY OWNERS Donald J. Langenber~ ~ Diane E. Langenbe[~' ~./ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 28th day of Deoember , 19 94, 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. ry Public in and for the State of Iowa Kris G~Lllham · ""' ~- KRI$ (3ILLHAM I 3 oi Green View Conditional Zoning Aareement, 1995 Page 10 By PROPERTY OWNERS Euge e~~T. Langenberg~~ By: ~-. c. >. Rose Langenberg STATE OF IOWA ) SS: JOHNSON COUNTY On this ~)-'-~ J~ day of ~ 0.~.v,~c- , 19 C~ ~, 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 plxlad~n~.cza 37O GREEN VIEW CONDITIONAL ZONING AGREEMENT THIS La~ L. Mur Lan wife; Langenberg person s made by and between the City of Iowa, "City"), Robert H. Wolf and Erma J. Wolf heirs William L. Langenberg and Ruth M. Langenbe Marian J. Murphy, husband and wife; Paul husband and wife; James R. Langenberg ar J. Langenberg and Diane E. Rose Langenberg, husband and ;r "Owners"). corporation "Applicants"), and the husband and wife; Richard Langsnberg, Jr. and Ann E. Langenberg, husband and husband and wife; Eugene T. Barbara A. Langenberg, single WHEREAS, ~re legal titleholders of' legally described below; and WHEREAS, Ap[ ave contracted to Owners property described below; and WHEREAS, the City of approximately 80 acres of I~ Housing Residential; and City, Iowa, .pplicants have requested the City to rezone RS, Suburban Residential, to RFBH, Factory Built WHEREAS, the req~ facilitate constructit wastewater treatment facilit ,~1opment of affordable housing and ended south to City soccer fields located on the WHEREAS, the density designated for this area Cor~ development will be consistent with the density Plan; and WHEREAS, Iowa law on granting an public needs that the Cit rezoning by the req City may impose reasonable conditions and above existing regulations, to satisfy and WHEREAS ensure appropri~ City. vledge that cer )merit of a manuf nditions and restrictions are reasonable to in the south portion of Iowa NOW, THERI . IN CONSIDERATION OF THE THE PARTI AGREE AS FOLLOWS: ~,L PROMISES CONTAINED HEREIN, 1. T~.~ Langenberg heirs William L; Langenberg M. Langenberg, husband and vi/ife; Richard L. Murphy and Marian J. Murphy, I and wife; Paul C, Langen,b. erg, /Or. and Ann E. Langenberg, husband and ~ Jai Rs R. La,ngenberg and Linda //Langenberg, hu.s. band and wife; Donald J. Lan ~nb r~and Drone E. Langenberg, / hu.,sband and w~fe; and Eugene T. Langenberg and F )s~Langenberg, husband and / wife, and Marian J. M.u. rphy, as guardian and conserv tor ~f Barbara A. Langenberg, / are. owners and legal t~tleholders of approximately 80 cres ~fd located so.utheast / of Sycamore Stre. et and east of Pleasant Valley Golf Course,~ch property is more particularly described as follows: , ~ The West One-Half (W 1/2) of the Southeast Quarter I 1/4) of Section 26, ~ Township 79 North, Range 6 West of the 5th PM, beginning at the Northwest corner of the West Half of the Southeast 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 1 rod to the Northeast corner of said West Half of the Southeast Quarter, thence West to the place of beginning. Green View Conditional Zoninq Aqreement, 1995 Page 2 Rob 4. Wolf and Erma J. Wolf have contracted to above owned by the Langenberg heirs cited Th~ ~'knowledge that the City desires develo construction, Sycamore Street extended to the In consideration RFBH, the City, subject additional a) Approval b) c) d) J) f the City's rezoning of the ~ Applicants and Owners agre conform to the req~ property described Approval of a sto by the City siltation discharge of affordable housing and fields. property from County RS to development and use of the RFBH zone, and the following nnexation by the Development Board. Incorporation of conforms to the criteria ordinance. Design and im~ emphasis site. e) Design of a site pla access to the f) g) ,rks age~ 31an and a grading/erosion control plan ation of runoff and/or Creek Bottoms, h) lopmerit that in the adopted Neighborhood Open Space a landscaping plan for the site with special along the west and north boundaries of the red housing park that ensures pedestrian to the south he Langenberg Tract. Review by the Iowa City site plan or la division that occurs on ing and Zoning Commission of any Tract. Adherence RS- per acre, a density level of the Single-Family Residenti~ area that shall not exceed an of five dwelling units Johr of a maintenance agreement between County for any portion of Sycamore Stree' the annexation and rezoning. City of Iowa City and naining in the County City of Iowa City to provide ade( g Tract in a reasonable time period, including, City water, sewer and access. :o the not limited to esign of a site plan for the manufactured housing park that access to the IDRM-zoned tract to the east. a. nd Owners acknowledge that the conditions herein are ons to impose on the land pursuant to Iowa Code §414,5 and that conditions are appropriate, and satisfy public needs which are direcfiy caused by requested change, Green View Conditional Zonina Agreement, 1995 The City, Applicants, and Owners acknowledge that in the is transferred, sold, redeveloped, subdivided, divided or spill · , conform with the terms of this Agreement. \, 7. Parties acknowledge that this Conditional Zoning covenant running with the land and with the title full and effect as a covenant running with the t rele of record by the City. The parties further acl e to the benefit of and bind all successors, parties. Page 3 the subject property all redevelopment will shall be deemed to land, and shall remain in to the land unless or until ;le that this Agreement assigns of the The City, Ag state and 31icants and Owners acknowledge ~11 be construed to relieve them al regulations. in this Conditional Zoning complying with all applicable local, The Parties that this Conditional Zo reference into the ezoning the., publication of the linance, this Recorder's Office. shall be incorporated by and that upon adoption and 3rded in the Johnson County Dated this day of 1 91 CITY OF IOWA By Susan Horowitz, Mayor Attest: Marian K. Karr, City STATE OF IOWA ) ss JOHNSON COUNTY ) On this appeared Susan M. by me duly of Iowa City, the corporation by passed that Si be their vol voluntai da ,19 , a Notary Public in and for 3rowitz and Marian K. Karr, to me say that they are the Mayor and that the seal affixed to the foregoing before me, State of Iowa, personally known, and, who, being of the City the corporate seal of the instrument was signed and sealed the corporation, City Council, as contained in (Ordinance) (Resolution) No. Council, on the day of ,19 , and Horowitz and Marian K. Karr acknowledged the execution of the instrument to act and deed and the voluntary act and deed of the corporation, by it ~xecuted. Notary Public in and for the State of Iowa ,3?0 Green View Conditional Zonin(~ Aqreement, 1995 Page 4 APPLICANTS By :H. Wolf By: Erma J. STATE OF IOWA SS,' JOHNSON On this day Notary Public in and for Erma J. Wolf, executed the within and same as their voluntary act ,1~ County, in said State, if e, instrument, and deed. before me, the undersigned, a appeared Robert H. Wolf and identical persons named in and who knowledged that they executed the Public in and for the State of Iowa Green View Conditional Zonin.q A(~reement, 1995 PROPERTY OWNERS By Willi Langenberg Page 5 By: Ruth M. STATE OF IOWA ) JOHNSON COUNTY ) On this day Notary Public in and Ruth M. Langenberg, in and who executed the executed the same as their vo ,1 ~, in said State, and wife, to me I and foregoing act before me, the undersigned, a iam L. Langenberg Iicalpersons named and acknowledged that they Public in and for the State of Iowa Green View Conditional Zonin(~ A(~reement. 1995 Page 6 PROPERTY OWNERS By Marian J. By: Richard L. Murphy By: Marian J. Murphy, Conservator of Barbara ian and Langenberg STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of Notary Public in and for said Count~ Marian J. Murphy, husband and wife who executed the within and foregoing same as their voluntary act and deed. , 19 , before me, the undersigned, a appeared Richard L. Murphy and be the identical persons named in and ~ent, and acknowledged that they executed the STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of Notary Public in and for sa Guardian and Conservator named in and who executed the same Public in and for the State of Iowa 19 in said State Langenberl and foregoing y act and deed. , before me, the undersigned, a appeared Marian J. Murphy, me known to be the identical person and acknowledged that she Notary Public in the State of Iowa Green View Conditional Zonin= Agreement, 1995 Page 7 OWNERS By Paul C. Lar erg, Jr. By: Ann E. Langenber[ STATE OF IOWA ) ss: JOHNSON COUNTY On this day of Notary Public in and for said Jr. and Ann E. Langenberg, in and who executed the executed the same as their and wif~ 19 , before me, the undersigned, a personally appeared Paul C. Langenberg, known to be the identical persons named instrument, and acknowledged that they deed. Notary Public in and for the State of Iowa Green View Conditional Zonin~ Aereement, 1995 Page 8 PROPERTY OWNERS By James R By: Linda Langen rg STATE OF IOWA JOHNSON COUNTY ) On this day Nota~/Public in and for ,, and Linda Langenberg, and who executed the v the sams as their voluntary County, in said ~nd and wife, to and deed, 19 , before me, the undersigned, a appeared James R. Langenberg be the identical persons named in and acknowledged that they executed Notary Public in and for the State of Iowa Green View Conditional Zoning Aqreement, 1995 Page 9 PROPERTY OWNERS By Donald J. By: Diane E. STATE OF IOWA ) ss: JOHNSON COUNTY ) On this , day of Notary Public in and for said and Diane E. Langenberg, in and who executed the executed the same and wife, to me ~nd foregoing act and d before me, the undersigned, a ~eared Donald J. Langenberg nown to be the identical persons named and acknowledged that they Public in and for the State of Iowa Green View Conditional Zoninq Aqreement, 1995 PROPERTY OWNERS By ~ Eugene T. Lange By: Rose Langenberg Page 10 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of Notary Public in and for said and Rose Langenberg, husband and' and who exec~ the same as their voluntary act , 19 , before me, the undersigned, a , personally appeared Eugene T. Langenberg to me known to be the identical persons named in ;instrument, and acknowledged that they executed ~ry Public in and for the State of Iowa ORDINANCE NO. 95-3666 AN ORDINANCE VACATING A PORTION OF WATERFRONT DRIVE LOCATED SOUTH OF HIGHWAY 6 AND WEST OF THE CRANDIC RAILROAD RIGHT-OF-WAY. WHEREAS, the City of Iowa City has rezoned property located east of the Crandic Railroad right-of-way from Intensive Commercial, CI-1, to Community Commercial, CC-2, to allow the development of a retail center; and WHEREAS, the proposed rezoning and retail development in this area will result in an in- crease in traffic on Gilbert Street and Water- front Drive; and WHEREAS, in order to help ensure efficient and safe traffic circulation in this area it is necessary to reconfigure portions of Waterfront Drive; and WHEREAS, said reconfiguration requires the vacation of a portion of Waterfront Drive. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. VACATION. Subject to retention of utility easements over the entire right-of-way for public and private utilities, and said vacation taking effect at such time that Stevens Drive and Waterfront Drive are reconstructed, the City of Iowa City hereby vacates the portion of Waterfront Drive legally described as follows: Commencing at a point on the East Line of Government Lot 4, of Section 15, Town- ship 79 North, Range 6 West of the Fifth Principal Meridian, which is 759.00 feet S00°21'20"E of the Northeast Corner of said Government Lot 4; Thence S89°35'09"W, 81.54 feet to a point on the Westerly Right-of-Way Line of Water- front Drive, formerly known as Sand Road and originally established as Burlington Road; Thence N04°26'40"W, along said Right-of-Way Line 82.49 feet; Thence Northwesterly 81.03 feet along said West- erly Right-of-Way Line, on a 502.67 foot radius curve, concave Southwesterly, whose 80.94 foot chord bears NO9°O3'45"W, to a point which is 25.00 feet normally distant Southwesterly of the Centerline of said Waterfront Drive, and which point is also the Point of Beginning; Thence Northwesterly 77.60 feet along said Westerly Right-of-Way Line, on a 502.67 foot radius curve, concave South- westerly, whose 77,52 foot chord bears N18°O6'12"W; Thence S89°56'23"W, 16,25 feet, to a Point which is 40.00 feet, radially distant Southwesterly of said Centerline; Thence N22°§4'36"W, along Ordinance No. 95-3666 Page 2 said Westerly Right-of-Way Line of Water- front Drive, 144.00 feet; Thence N67°05'24"E, 73.00 feet, to a point on the Easterly Right-of-Way Line of said Waterfront Drive; Thence S22°54'36"E, along said Easterly Line, 238.05 feet; Thence S76° 19'22"W, 65.36 feet, to the Point of Beginning. Said tract of land is subject to easements and restrictions of record. SECTION II. 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 sffect after its final passage, approval and publication, as provided by law. Passed and approved this 31st day of January, 1995. ATTEST: ~ CITY CLERK b ~ln~wateffrn.e~d Ordinance No. 95-3666 Page 3 It was moved by ~rh~-~,~ and seconded by as read be adopted, and upon roll call theta were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigoft Throgmorton that the Ordinance First Consideration 1/3/95 Vote for passage: AYES: ltorowitz, Kubby, Lehman, Novick, Pigott, Throgmorton, Baker. NAYS: None. ABSENT: None. Second Consideration 1 / 17/95 Vote for passage: AYe. S-' Lehman, Novick, Plgott, Throgmorton, Baker, Horowitz, Kubby. Date 3ubliehed ~/8/95 ORDINANCE NO. 95-3667 CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 9, ARTICLE A, ENTITLED "PARKING FACILITY IMPACT FEE" TO COR. RECT THE LEGAL DESCRIPTION OF THE NEAR SOUTHSIDE PARKING FACILITY DISTRICT. WHEREAS, the City Council adopted Ordi- nance No. 94-3655 for the purpose of amend- ing Title 14, Chapter 9, Article A, entitled "Parking Facility Impact Fee" to include com- mercial development; and WHEREAS, the legal description for the Near Southside Parking Facility District in Ordinance No. 94-3655 contained a minor scrivener's error; and WHEREAS, the City desires to correct said scrivener's error. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That Title 14, Chapter 9, Article A, entitled "Parking Facility Impact Fee" is hereby amended by repealing the definition of "Near Southside Parking Facili- ty District" in Section 14-9A-5 and adding thereto a new definition of "Near Southside Parking Facility District" in Section 14-9A-5 to read as follows: NEAR SOUTHSIDE PARKING FACILITY DIS- TRICT: That area of Iowa City bounded by Burlington Street on the north, Gilbert Street on the east, the Iowa Interstate Railway Main Line on the south and Madison Street on the west, except for Blocks 10 and 21 of County Seat Addition; Lots 5 and 6 of Block 13, County Seat Addition; Lots 3, 4, 5, the east 50 feet of Lot 6, and the south 40 feet of Lot 2, Block 11, County Seat Addition; and Lots 10-15, Block 5, Lyon's First Addition. SECTION II. CERTIFICATION AND RECORD- ING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded at the Office of the County Recorder of Johnson County, iowa, upon final passage and publication as provided by law. SECTION IIh REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such Ordinance No. 95-3667 Page 2 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 V. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 31st day of January, 1995. A EST: CITY CLERK ed y It was moved by Kubby and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Novick that the Ordinance First Consideration 1/17/95 Vote for passage: AYES: Kubby, Novtck, Ptgott, Throgmorton, Baker. Horowitz. NAYS: Lehman. ABSENT: None. Second Consideration Vote for passage: Date published 2/8/95 Moved by Kubby seconded by Novick, that the rule requiring ordinances to ecodev~scrivner.ord be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suepended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Novick. NAYSt Lehman. ABSNET: None.