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