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HomeMy WebLinkAbout1995-03-07 OrdinanceORDINANCENO. AN ORDINANCE AMENDING THE ORDINANCE BY CONDITIONALLY THE USE REGULATIONS OF 13 LAND LOCATED AT 655 MEADOW FROM RM-12, LOW DENSITY MULTI- RESIDENTIAL, AND RS-5, LOW ;INGLE FAMILY RESIDENTIAL, EDIUM DENSITY SINGLE L. iNSITY RS-8, the applicant, Eas~ Subdivi- sion has requested 13.09 acres and located at 655 eadow Street from 2, Low Density Resi- dential, RS-5, Low Den Single-Family RS-8, Density Single- Family WHEREAS, e propos( the develo tial subdivision; WHEREAS, Io rides that the reasonable conditi( cant's rezoning requ ing regulations, in directly WHEREAS, the opment prorid, for Ralston Creek f ,dplainand and pedestriar access opment and WHEREAS medium d~ residential compatible g will allow density residen- § 414.5 (1993) pro- owa City may impose on granting an appli- over and above exist- to satisfy public needs uested change; and shes to ensure that residential devel- of the uate vehicular mrmitted devel- Compreh( Plan for the area certain ~ditions contained in the Zonin reement are adhered WHEI the applicant acknowled certain ,'conditions and restrictions are able to ensure appropriate urban develo in this'area of Iowa City; and WHEREAS, the applicants have agreed dew/lop this property in accordance with ~ng to allow a ~ment is ~nt and the /ided that nditional that )nt terms and conditions of a Conditional Zoning Agreement to ensure appropriate urban devel- opment in this area of Iowa City. NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. The property de- scribed below is hereby reclassified from its present classification of RM-12, Low Density Multi-Family Residential, and RS-5, Low Densi- Ordinance No. Page 2 ty Single-Family Residential, to RS-8, Mediu~n Density Single-Family Residential; Parcel I~ Commencing at a point on ~- terline of former U.S. Highway No. which point is 1107.0 feet east southwest corner of the NW ~A 13, T.79N, R.6W of the 5th P.M.;' N 0053' E., 970.93 feet to the of thence N 0°53' E, feet; ,ence East 689.14 feet; ~ 0009' 694.04 feet; thence West feet; :e N 0044' E, 670.39 thence ~5' W, 200.91 feet t~ le Point of Be ng. therefrom Corem. ing as apointo West rter Corner T.79N of the 5 following: at the Section 13, Iowa City, Johnson Co being on the center Avenue; thence East 1~ feet along the center line of said Mu: inc Avenue; thence N 4044' E, 300 to the Point of Begira ning; thence N 318.40 feet; thence N 86008' W, ,~ eet; thence S 0044' W, 21.48 fez of Beginning. Parcel I1: Com at ~e Southwest Corner of' NW~A ~n 13, T.79N, R.6W the 5th thence N 89058' E, along the Line of said NW~A 172.87 feet; thence 0°51'46" E, 36 feet to the Point of ~ginning; ther i, thence N E, 133.31 feet; nce S 0 2" W, 604.37 S parallel with 1 .inc said NW~A, 134.11 feet to the Poin of Beginning. Parcel III. Beginning at an iron pin which is 0053' E, 994.93 feet from a point 1107.0 feet east of the southwest corner of the NW'A of Section 13, T.79N, R.6W of the 5th P.M.; thence N 89042'40" E, 689.14 feet to an iron pin; thence N 009' E, 32.6 feet to an iron pin; thence N 89057'53" E 1.65 feet; thence N 0o0'40" E, 110.35 feet; thence S 84023'53" W, 151.19 feet; thence N 0°17'20" W, 132.74 feet: thence S 65040' W, 138,51 feet to an iron pin at the southwest corner of Lot 145, in the Revision of Part 2, Court Hill Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Ordinance No. Page 3 Officia change the final this Ordin SECTION III. MENT. The to sign, the property owners ar sage and approval of SECTION IV. CERT IN._.~G The City directed to certif' the Conditional tion in the Of County, this Plat Book 2, Page 169, Plat Records of Johnson County, Iowa; thence N 83002' W, 412.2 feet to an iron pin at the south west corner of Lot 150 in said Revision, Part 2, Court Hill Addition to Iowa Ci~ Iowa; thence S 0028'40" W, 253.42 ~ to the Point of Beginning; all as pe survey recorded in Plat Book 6, Pa Records of the Recorder of Johnso~ ~un- Iowa. N II. ZONING MAP. hereby authorized and zoning map of the conform to this amc approval am as provided is here tO of Iowa ~pon of )W. AGREE- authorized and Clerk to attest, ~n the City, following pas- is Ordinance. RECORD- 'eby authorized and this Ordinance and ment for recorda- e of the corder, Johnson passa! nd approval of SECTION REPEALER. All o¥~linances and parts of ( ances in conflict wi~,h the provi- sions of/~ is Ordinance are hereby I~epealed. SECTIQ/N VI. SEVERABILITY. If ar)~, section, provi,s,)bn or part of the Ordinanc.e~hall be adju~ged to be invalid or unconstitutional, such adj~'dication shall not affect the validity~of the Or/dinance as a whole or any section, provision t~t~oa~tal.hereof not adjudged invalid or unco'~ti- SECTION VII. EFFECTIVE DATE. This Or~,i- nance shall be in effect after its final passag~ approval and publication, as provided by law. Passed and approved this MAYOR ATTEST: CITY CLERK CONDITIONAL ZONING AGREEMENT THIS AGRE~(VlENT is ,,m, ad.,e, by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter City ), and East Hill Subdivision, Inc., an Iowa General Partnership (hereinafter "Or'Der"). WHEREAS, Own;~'~ as legal title holder, has requested the Cityapproximately 13.09 acres of land located, at 655 Meadow Street from RM-12, Low ~y Residential, and RS-5, Low Den~y Single-Family Residential, to RS-8, MediDensity Single-Family Residential; and ~, WHEREAS, the proposec~rezoning will allow the development ~medium density residential subdivision; and WHEREAS, Iowa Code .5 (1993) provides that reasonable conditions on lg the rezoning request, in order to satisfy public needscaused by the of Iowa City may impose and above existing regulations, change; and WHEREAS, the City wishes ~nsure that the development provides for the in of the and pedestrian access for the develo medium density residential plain and adequate vehicular density; and WHEREAS, the proposed rezoning compatible with adjacent development certain conditions are adhered to; and density residential development is Plan for the area provided that WHEREAS, Owner acknowledges that cer ensure appropriate urban development in conditions and restrictions are reasonable to area of Iowa City; and WHEREAS, the Owner has agreed property in accordance with certain terms and conditions to ensure appropriatey('ban )ment in this area of Iowa City. NOW, THEREFORE, in considerati9h of mutual p~~ises contained herein, the Parties agree as follows: ~ 1. East Hill Subdivision, Inc/, is the owner andtitle holder of property located at 655 Meadow Street, which~l'operty is more described as follows: A. PARCEL I: / Commencin/at a point on the centerline , Highway No. 6, which point is 11/07.0 feet east of the southwest , .r of the NW ~ of Section 13, T.79N, R,6W of the 5th ,P,.M.; thence N 0°53 ~., 970.93 feet to the Point o! Beginni~),~; thence N 0°53 E, 24 feet; thence E S~ 689.14 feet; thence S 0"09 W, 69,~./,.0,4 feet; thence West 495.5 feet; thence N )"44' E, 670.39 feet; thence S 89i§5 W, 200.91 feet to the Point of Beginning. Excepting therefrom the following: Commencing as of reference at the We{~t Quarter Corner of Section 13, T.79N, R.6W of tl~e 5th P.M.; Iowa City, Johnson County, Iowa, said point being on the center linC,of Muscatine Avenue; thence East 1310.46 feet along the center line of said Mus(Jatine Avenue; thence N 4°44' E, 300 feet to the Point of Beginning; thence N 90° E, 318.40 feet; thence N 86°08' W, 318.85 feet; thence S 0°44' W, 21.48 feet to the Point of Beginning. 4 -2- B.~ PARCEL I1: / :i at the Southwest Corner of the NW~ of Sectlot)/13, T.79N, R.6W le 5th P.M.; thence N ,89"58'18" E, along the South/Line of said NW~ :~,,,87 feet; thence N 0"51 46" E, 365.32 feet to the Point,~f Beginning; thence N '5'~ ]"E, 604.08 feet; thence N 89"50'32" E, 133.31 fg(~t; thence S 0"47'12" V~ ~0~ ~' feet; thence S 89"58'18" W, parallel with the S./~uth Line of said NW½, 134.11 :to the Point of Beginning. / C. PARCEL Beginning at 3n pin which is N 0053' E, east of the st corner of the NW'~ P.M.; thence N2'40" E, 689.14 feet to a feet to an iron pin;~ce N 89°57'53" E, 1 feet; thence S 84°2 W, 151.19 feet; thence S 65°40' W, feet to an iro 145, in the Revision of PCourt Hill according to the plat of Johnson County, Iowa;race N southwest corner of Lot Iowa City, Iowa; as per the survey recorded in of Johnson County, Iowa. a point 1107.0 feet 13, T.79N, R.6W of the 5th pin; thence N 009' E, 32.6 thence N 0000'40" E, 110.35 N 0°17'20" W, 132.74 feet; at the southwest corner of Lot Ihe City of Iowa City, Iowa, Book 2, Page 169, Plat Records W, 412.2 feet to an iron pin at the of Part 2, Court Hill Addition to 253.42 feet to the Point of Beginning; all Book 6, Page 38, Records of the Recorder Owner acknowledges that the City property is compatible with ad Therefore, Owner agrees to certa to ensure that development of Ralston Creek floodplain and a, of development permitted. subject ensure that development of the subject ies which are zoned RS-12 and RS-5. and above City regulations in order provides for the protection of the and pedestrian access for the density In consideration of the Cit~/s rezoning the sul~ropetry from RM-12 and RS-5 to RS-8, Owner agrees that/development and use of ~ subject property will conform to all requirements of the,/~S-8 zone as v ,ell as the f. ~ ing additional conditions: a. Development. ?f the property shall include dE of the Ralston Creek floodplain wi~?.t_he .p. arcel to the City, includingeasement from an interior roadway within the subdivision to the dedicated floodplain ,area. b. The der~sity of development of the subject property be limited to a total of 72 dwblling units, unless secondary access via a icated public street is provi~led. c. D.e~elopment of the property shall be subject to the Owne~ articipating with the City in the development of a trail within the dedicated~lain of Ralston 'Creek. The Owner acknowledges that the conditions contained herein ate reasonable conditions to impose on the land under Iowa Code § 414.5 (1993), and that said -3- cor satisfy public needs which are directly caused by the requested zoning ! The redevelo Con, ~r acknowledges that in the event the subject prope~ or subdivided, all redevelopment will conform Agreement. is transferred, sold, the terms of this The Parties be a cove force and of record by the to the benefit that this Conditional Zoningshall be deemed to ~nning with the land and with title to theand shall remain in full a covenant running with the title to theunless or until released The Parties furlher acknowledge Agreement shall inure bind all successors, and assigns of the Parties. Owner acknowl construed to relieve federal regulations. nothing in this Conditi Owner from complying Zoning Agreement shall be all applicable local, state and The Parties agree that reference into the On publication of the Ordinance, Recorder's Office. I Zonin the Agreemel Agreement shall be incorporated by property; and that upon adoption and be recorded in the Johnson County Dated this day of , 1995. OWNER CITY OF IOWA CITY By East Hill Subdivision, Inc. Susan M. Horowitz, Mayor Marian K. Karr, City Clerk Cit~ -4- STATE OF JOHNSON COUI On this ,a Horowitz and Madan K. say that they are the seal affixed to instrument was sig as contained in Ordinance day of acknowledged the execution voluntary act and deed of the cot ) ) SS: ) ' of , 1995, before/me, ry Public in and for the State of Iowa, person.~lly appeared Susan M. rr, to me personally known, and, who, bei~{g by me duly sworn, did ' and City Clerk, respectively, of the City~flowa City, Iowa; that the instrument is the corporate seal of the corporation, and that the on behalf of the corporation, b,y~uthodty of its City Council, passed by the City/, Council on the 19 , and that / and Marian K. Karr ]e instrument to be their v~luntary act and deed and the ,ration, by it voluntarily ex/~cuted. STATE OF IOWA ) )SS: JOHNSON COUNTY ) Notary Publi( and for the State of Iowa On this day of ,1995, for the State of Iowa, personally appeared known, who being by me duly sworn did say Subdivision, Inc, the Iowa Corporation seal has been procured by the corporation corporation by authority of its Board of Dir acknowledged the execution of the for, the corporation, by it and by him the undersigned, a Notary Public in and , to me personally is theof East Hill and foregoing instrument, that no was signed on behalf of the as officer be the voluntary act and deed of executed. ppdadm~n~easlhill cza CONDITIONAL ZONING AGREEIVIENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City"), Memory Gardens, Inc., Memory Gardens Group, Inc., and Dean and Ellen Jones (hereinafter "Owner"), and East Hill Subdivision, L.C., an Iowa General Partnership (hereinafter "Applicant"). WHEREAS, Owner, as legal title holder, and applicant, as contract purchaser, have requested the City rezone approximately 13.09 acres of land located at 655 Meadow Street from RM- 12, Low Density Multi-Family Residential, and RS-5, Low Density Single-Family Residential, to RS-8, Medium Density Single-Family Residential; and WHEREAS, the proposed rezoning will allow the development of a medium der subdivision; and residential WHEREAS, Iowa Code §4.t'4.5 (1993) provides that the City of Iov reasonable conditions on gtanting the rezoning request, over and in order to satisfy publ c nee~ds d rect y caused by the requested may impose regulations, and WHEREAS, the City wishes'.to ensure that the proposed development provides for the'protection of the Ralston vehicular and pedestrian access fgr the permitted develc \ WHEREAS, the proposed allow a compatible with adjacent develo and the Corn certain conditions are adhered to; density residential floodplain and adequate density; and residential development is ]rea provided that WHEREAS, Owner and applicant reasonable to ensure appropriate urban certain conditions and restrictions are in this area of Iowa City; and WHEREAS, Owner and applicant have agr~ certain terms and conditions to ensure al City. / NOW, THEREFORE, in cons~deratlon~of mutual as follows: // develop this property in accordance with urban development in this area of Iowa 3es contained herein, the Parties agree Memory Gardens, Inc., Me/mory Gardens Group, In~., and Dean and Ellen Jones are the owners and legal title/l{olders of property Iocate~\at 655 Meadow Street, which A. PARCEL h Commen(~ing at a point on the centerline of former U.S... Highway No. 6, which point is,.~ 107.0 feet east of the southwest corner of the NW ~A of Section 13, T.79N; R.6W of the 5th P.M.; thence N 0053' E., 970.93 feet to the Point of Begiphing; thence N 0053' E, 24 feet; thence East 689.14 feet; thence S 000'9' W, 694.04 feet; thence West 495.5 feet; thence N 0044' E, 670.39 f~t; thence S 89055' W, 200.91 feet to the Point of Beginning. -2i Excepting therefrom the following: Commencing as a point of reference at the West Quarter Corner of Section 13, T.79N, R.6W of the 5th P.M.; Iowa City, Johnson County, Iowa, said point being on the center line of Muscatine Avenue; thence East 1310.46 feet along the center line of said Muscatine Avenue; thence N 4044' E, 300 feet to the Point of Beginning; thence N 90° E, 318.40 feet; thence N 86°08'w, 318.85 feet; thence S 0044' W, 21.48 feet to the Point of Beginning. B. PARCEL Ih Commencing at the Southwest Corner of the NW¥4 of Section 13, T.79N, R.6W of the 5th P.M.; thence N 89°58'18" E, along the South Line of said NW¼ 1172.87 feet; thence N 0°51'46" E, 365.32 feet to the Point of Beginning; thence N 0°51 '46"E, 604.08 fe~-~thence N 89°50'32" E, 133.31 feet; thence S 0°47'12" W, 604.37 feet; thence S 89058' 18" W, parallel with the South Line of said NW~, 134.11 feet 4o the Point of Beginning. C. PARCEL IIh Beginning at an iron pin which is N 0053' E, 994.93 feet fr, grn a point 1107.0 feet east of the southwest corner,of the NV~i/¼ of Sectioo/J 3, T.79N, R.6W of the 5th P.M.; thence N89°42'40 E, 689.1~ feetto. an,~on pin; thence NO°9' E, 32.6 !eet to an iron pin; thence N 8~°57'53'yE, 1.65 feet; thence N 0°00140.'' E, 110.35 feet; thence S 84°~3'53'~'vV, 151.19 feet; thence N 0° 17 20 W, 132.74 feet; thence S 65 °40' V~' 138.51 feet to an iron pin at the southwest corner of Lot 145, in the Revi/sfon of Part 2, Court Hill Addition to the City of Iowa City, Iowa, according t'o the plat thereof recorded in Plat Book 2, Page 169, Plat Records of Johns/~ County, Iowa; thence N 83002' W, 412.2 feet to an iron pin at the south,~es: corner of Lot 150 in said Re,v, ision of Part 2, Court Hill Addition to I,,oqva City, Iowa; thence S 0028'40' W, 253.42 feet to the Point of Begi~ing; al as per the survey recorded in Plat Book 6, Page 38, Records of t~ Recorde~ of Johnson County, Iowa. Owners and applicant acknowledg/~hat the City wishes to ensure that development of the subject property is compat,~le with adjacert properties which are zoned RS-12 and RS-5. Therefore, Owners a?(J applicant agree to certain conditions over and above City regulations in order to en~ure that developmeqt of the subject property provides for the protection of the/l~alston Creek floodplain and adequate vehicular and pedestrian access for the/density of development i~rmitted. In consideration of the/City's rezoning the subject p~perty from RM-12 and RS-5 to RS-8, Owners and ap, lJlicant agree that development ~d use of the subject property will conform to all r,e'quirements of the RS-8 zone as w~,11 as the following additional conditions: ~ Development of the property shall include dedication of the Ralston Creek floodplain within the parcel to the City, including a public access easement from an interior roadway within the subdivision to provide public access the dedicated floodplain area. -3- The density of development of the subject property shall be limited to a total of 72 dwelling units, unless secondary access via a dedicated public street is provided. Dated this c. If the City chooses to develop a trail, development of the property shall be subject to the Owner at the time of development participating with the City in the development of a trail within the dedicated floodplain of Ralston Creek. The Owner's obligation shall be limited to grading and constructi,on of a trail on the subject property, and shall not exceed an expense of 95,0,00. The Owners and applicant acl~nowledge that the conditions/~contained herein are reasonable conditions to impo~F on the land under Iowa Cod~§ 414.5 (1993), and that said conditions satisfy publ!,c needs which are directly ,eaused by the requested zoning change. The Owners and applicant acknowledge that in the e/Vent the subject property is transferred, sold, redeveloped, or sqbdivided, all redevelopment will conform with the terms of this Conditional Zoning Ag?,eement. ,' The Parties acknowledge that this Coh.clitional Zor)ing Agreement shall be deemed to be a covenant running with the land an~l, with tit!e/to the land, and shall remain in full force and effect as a covenant running wi,th the title to the land unless or until released of record by the City. The Parties further ~knd~vledge that this Agreement shall inure to the benefit of and bind all successors, r.,.e~(esentatives and assigns of the Parties. Owners and applicant acknowledge that n~dth~ng in this Conditional Zoning Agreement shall be construed to relieve the Owner frbm c'~mplying with all applicable local, state and federal regulations. ,' The Parties agree that this Conditiohal Zoning A~reement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this/~greement shall b~,recorded in the Johnson County Recorder's Office. ' day of , 1995., MEMORY GARDENS, INC. MEMORY GARDENS GROUP DEAN AND ELLEN JONES By Terry M. Campie, President By Dean Jones By Ellen Jones -4- EAST HILL SUBDIVISION, L.C. By Gene Kroeger, Member CITY OF IOWA CITY By Susan M. Horowitz, Mayor By Robert Sangster, Member Attest Marian K. Karr, City Clerk By Terry M. Campie, Member / ~ Cit.y,/Attorne~s O ',c~e STATE OF IOWA ) ) SS: JOHNSON COUNTY On this day of '\ , 1995, before me, , a Notary Public in and for the StatUe 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, resl~,ectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is th~ 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 , ad~ that and Marian K. Karr acknowledged the execution of the inst--~um~nt t0~be their voluntary act and deed and the voluntary act and deed of the corporation, by it volubly executed. Notary Public in ar~for the State of Iowa STATE OF IOWA ) }ss: JOHNSON COUNTY ) On this day of , 1995, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that he is the of East Hill Subdivision, Inc, the Iowa Corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. -5- STATE OF IOWA ) )ss: JOHNSON COUNTY On this day of ,1995, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that he is the of Memory Gardens, Inc. and Memory Gardens Group, the I, pwa Corporation executing the within and foregoing instrument, that no seal has been proc~ired by the corporation, that s.aid instrument was signed on behalf of the corporation by authority of its Board of Directors, and that as officer acknowledge~ the execution of the,'}oregoing instrument to be the voluntary act and deed of the corporat'on, by it and by hin) voluntarily executed. STATE OF ) )SS: COUNTY ) On this day of ,1995, before m~, the undersigned, a Notary Public in and for said County, in said State, peisonally appeared~pean J,ohes and Ellen Jones, to me personally known to be the identical persons named here~I,, an¢ who being by me duly sworn did say that they executed the within and foregoing in~ iru[~ent as their voluntary act and deed. Notary Public in and for State of