HomeMy WebLinkAbout1995-08-01 OrdinanceAuGust 1, 1995
Dear Iowa City Council,
I recently received notice of an apDlication regarding Howard
Winebrenner's request for rezoninG of approximately 39.3 acres of
property located in the southwest quadrant of Hwy. 218/Hwy. 1
interchange°
As a neighboring property owner I would like to make the council aware
of safety concerns I have in connection to the increased traffic flow
this rezoninG would bring to the area. My family travels this stretch
of Hwy. 1 several times daily to Get to and from our home. We have
been aware of numerous accidents on and near the Hwy. 1 viaduct over
Hwy. 218. In addition, my family has been in several "near misses."
I would like the council to look into the frequency of accidents in
this a~ea over the past several years and determine if the highway can
safely handle an increase in traffic. Note that there is poor sight
distance over the viaduct from both directions and little lighting in
the area. It is my opinion that some safety recommendations need to
be made and implemented before rezoning and annexation brings even
more traffic to a heavily used and dangerous stretch of highway.
My other concern related to traffic safety and increased traffic
involves the use of Kitty Lee Rd. The intersection of Kitty Lee and
Hwy. 1 is already very dangerous. As cars are leaving Iowa City on
Hwy. 1 they are generally picking up speed. However, the residents of
the twenty plus homes on and around Kitty Lee are slowing down to
turn. There is no turning lane, no street light, and the highway
narrows at this point. I have also been in several "near misses" at
this intersection. If the City of Iowa City accepts the application
by Howard Winebrenner to fezone and annex the land near this
intersection, then I feel an already dangerous situation becomes
magnified. I realize the Kitty Lee Rd. and Hwy. 1 intersection is
under the jurisdiction of the county. But I feel the city and the
county must work together to make a safe area for everyone. My
suggestion would be to consider a turning lane and street light at
this intersection.
Thank you for your attention to this matter. I am confident the city
and county will work together regarding these traffic concerns as
outlined in this letter. Unless these concerns are corrected I would
not be in favor of the proposed Winebrenner annexation and rezoninG.
Sincerely,
Re~ina Alatalo
3671 Olde Oak Ln. SW
Iowa City, IA 52240
338-9562
ORDINANCE NO. 95-3685
AN ORDINANCE AMENDING THE ZONING
CHAPTER BY CHANGING THE USE REGULA-
TIONS OF AN APPROXIMATE .82 ACRE
TRACT OF LAND, THE NORTH PORTION OF
LOT 4, HIGHLANDER FIRST ADDITION, LO-
CATED ON NORTHGATE DRIVE FROM RDP,
RESEARCH DEVELOPMENT PARK, TO CO-1,
COMMERCIAL OFFICE.
WHEREAS, Southgate Development Compa-
ny has requestad the City to rezone an approxi-
mate .82 acre tract of land located on North-
gate Drive from RDP, Research Development
Park, to C0-1, Commercial Office; and
WHEREAS, the topography of said portion of
Lot 4 is of similar elevation to the adjacent
CO-1 zone to the northwest, but not to the
RDP zone in which it is located; and
WHEREAS, the utility of the RDP zone on
Northgate Drive will not be dimin[shed.
NOW, THEREFORE, BE IT 0RDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION [. APPROVAL. The property legally
described below is hereby reclassified from its
present classification of RDP to CO-1:
A tract of land in the north part of Lot 4 of
Highlander Development, First Addition,
Iowa City, Iowa, as recorded in Plat Book
25, Page 52, of the Johnson County
Recorder's records (also known as Lot 4,
Northgate Corporate Park) described as:
Beginning at the west corner of said Lot
4;
Thence N62°04'58"E, 303.12 feet to
the north corner of said Lot 4;
Thence S60°39'03"E, 130.OO feet to
the east corner of said Lot 4;
Thence S38°29'45"W, 101.81 feet
along the southeast line of said Lot 4;
Thence S51 °30'15"W, 27.26 feet;
Thence S74°28'47"W, 282.79 feet to
the west line of said Lot 4;
Thence northwesterly along the west
line of said Lot 4, 64.91 feet along a
300.00 foot radius curve, concave wester-
ly with a central angle of 12°23'50" to
the Point of Beginning which lies
N21°43'08"W, 64.78 feet of the last-
described point.
Said tract contains 35,633 square feet,
more or less.
Ordinance No. 95-3685
Page 2
SECTION II. ZONING MAP. The City Building
Official is hereby authorized and directed to
change the zoning r.3ap 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 shall be recorded at the expense of 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 provi-
sions of this Ordinance are hereby repeeled.
SECTION V. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconsti-
tutional.
SECTION VI. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 15th day of
August, 1995.
CITY CLERK
ppdadmln~lhgat,ord
Ordinance No. 95-3685
Page 3
Throgmorton
It was moved by ?i§l]tt and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
x Baker
x Horowitz
. x Kubby
x Lehman
x Novick
x Pigott
x Throgmorton
First Consideration 8/1/95
Vote forpassage: ^YEs: Kubb¥, Lehmam, ~i$ott, Thro§morton,
Baker, Horowitz. NAYS: None. ABSENT: Novick.
Second Consideration ................................
Vote forpassage:
Date published August 23, 1995
Moved by Pigott, seconded by Throgmorton, that the rule requiring ordinances
to be considered and voted on for passage at two Council meetings prior
to the meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived and the ordinance be voted on for final
passage at this time. AYES: Kubby, Lehman, Novick, Pigott, Throgmorton,
Baker, Horowitz. NAYS: None. ABSENT: None.
PROPOSED REZONING
RDP to CO-1
North Part of Lot 4
Northgate Corporate Park
A tract of land in the north part of Lot 4 of Highlander Development, First Addition,
Iowa City, Iowa, as recorded in Plat Book 25, Page 52, of the Johnson County
Recorder's records (also known as Lot 4, Northgate Corporate Park) described as:
Beginning at the west corner of said Lot 4;
thence N 62°04'58" E, 303.12 feet to the north corner of said Lot 4;
thence S 60°39'03" E, 130.00 feet to the east corner of said Lot 4;
thence S 38029'45" W, 101.81 feet along the southeast line of said Lot 4;
thence N 51°30'15" W, 27.26 feet;
thence S 74028'47" W, 282.79 feet to the west line of said Lot 4;
thence northwesterly along the west line of said Lot 4, 64.91 feet along a 300.00 foot
radius curve, concave westerly with a central angle of 12°23'50" to the Point of
Beginning which lies N 21°43'08" W, 64.78 feet of the last described point.
Said tract contains 35,633 square feet, more or less.
ORDINANCE NO. 95-3686
AN ORDINANCE AMENDING THE CONDITION-
AL ZONING AGREEMENT FOR LOTS 4-17,
HIGHLANDER FIRSTADDITION,ALSO KNOWN
AS NORTHGATE CORPORATE PARK, BY
REVISING THE DEVELOPMENT STANDARD
PERTAINING TO ROOFLINES AND PARAPET
WALLS.
WHEREAS, Southgate Development Compa-
ny, Inc. has requested an amendment of the
Conditional Zoning Agreement for Lots 4-17,
Highlander First Addition, to eliminate the
requirement for flat rooflines from the develop-
ment standards for Northgate Corporate Park;
and
WHEREAS, Southgate Development Compa-
ny, Inc. has proposed substitute language that
will require all rooflines and parapet walls to be
consistent throughout Northgate Corporate
Park; and
WHEREAS, the proposed amendment would
allow an appropriate amount of flexibility for
building design, while at the same time retain-
ing a standard for architectural compatibility
within Northgate Corporate Park; and
WHEREAS, the Applicant has agreed to
develop this property in accordance with the
terms and conditions of a Conditional Zoning
Agreement to ensure appropriate development
of the research development park.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The Conditional
Zoning Agreement for Lots 4-17, Highlander
First Addition, is hereby amended by repealing
Paragraph 3 of Section 10.30 of Article X of
the Northgate Corporate Park Phase II Develop-
ment Standards, and adding a new Paragraph
3 of Section 10.30 of Article X to read as
follows:
10.30.3. Rooflines or parapet walls are to
be consistent with the overall design of
Northgate Corporate Park. All roof-mounted
mechanical equipment and vents are to be
screened from view.
SECTION II. CONDITIONAL ZONING AGREE-
MENT. The Mayor is hereby authorized and
directed to sign and the City Clerk to attest the
amendment to the Conditional Zoning Agree-
ment between the Applicant and the City,
following passage and approval of this Ordi-
nance.
Ordinance No. 95-3686
Page 2
SECTION III. CERTIFICATION AND RECORD-
ING. The City Clerk is hereby authorized and
directed to certify a copy of this Ordinance and
the Conditional Zoning Agreement amendment
for recordation at the Applicant's expense in
the Office of the Recorder, Johnson County,
Iowa, upon passage and approval of this Ordi-
nance,
SECTION IV. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION V, SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconsti-
tutional.
SECTION VI. EFFECTIVE DATE, This Ordi-
,3anca shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 15th day of
August, 1995.
MAYOR --~
ATTEST: ,~~
CITY CLERK
Ordinance No. 95-3686
Page 3
It was moved by Pigott and seconded by Novick
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Thingmorton
that the Ordinance
First Consideration 8/1195
Vote for passage: AYES: Horowitz, Kubby~ Lehman, Pl§ott~
ThroEmorton, Baker. NAYS: None. ABSENT: Novick.
Second Consideration ................................. '
Vote for passage:
Date published
August 23, 1995
Moved by Pigott, seconded by Lehman, that the rule requiring ordinances to
be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived and the ordinance be voted on for final
passage at this time. AYES: Lehman, Novick, Pigott, Throgmorton, Baker,
Horowitz, Kubby. NAYS: None. Absent: None.
CONDITIONAL ZONING AGREEMENT
AMENDMENT
THIS CONDITIONAL ZONING AGREEMENT AMENDMENT is made by and between
NORTHGATE PARK ASSOCIATES, an Iowa General Partnership (hereinafter referred to as
"Applicant") and the CITY OF IOWA CITY, IOWA, a Municipal Corporation (hereinafter
referred to as "City").
WHEREAS, Northgate Park Associates is the owner of the following-described real estate
located in Johnson County, Iowa:
Lots 4-17, Highlander First Addition, a subdivision of Iowa City, Johnson
County, Iowa; and
WHEREAS, on May 15, 1995, the City Council of Iowa City approved Ordinance No. 93-3457
rezoning approximately 37.3 acres now know as Northgate Corporate Park from C0-1,
Commercial Office, to RDP, Research Development Park; and
WHEREAS, said Ordinance authorized execution of a Conditional Zoning Agreement between
the City and the Applicant which instituted design standards for a research development park;
and
WHEREAS, the Applicant has requested an amendment of the Conditional Zoning Agreement
for Lots 4-17, Highlander First Addition, to eliminate the requirement for flat rooflines from
the development standards for Northgate Corporate Park; and
WHEREAS, the Applicant has proposed substitute language that will require all rooflines and
parapet walls to be consistent throughout Northgate Corporate Park; and
WHEREAS, the proposed amendment will allow an appropriate amount of flexibility for
building design, while at the same time retaining a standard for architectural compatibility
within Northgate Corporate Park; and
WHEREAS, the Applicant has agreed to develop this property in accordance with the terms
and conditions of a Conditional Zoning Agreement to ensure appropriate development of the
research development park.
NOW, THEREFORE, the Parties agree as follows:
The Conditional Zoning Agreement approved on March 30, 1990, and recorded in Book
1127, Page 124, et seq. of the Johnson County Recorder's Office, is hereby amended
by repealing Paragraph 3 of Section 10.30 of Article X of the Northgate Corporate Park
Phase II Development Standards, and adding a new Paragraph 3 of Section 10.30 of
Article X to read as follows:
10.30.3.
Rooflines or parapet walls are to be consistent with the
overall design of Northgate Corporate Park. All roof-
mounted mechanical equipment and vents are to be
screened from view.
The Parties acknowledge this Agreement shall be deemed to be a covenant running
with the land and with the title to the land, and shall upon execution be recorded at
the Applicant's expense in the Johnson County Recorder's Office, and shall without
further recitation continue to be a covenant on each portion of the subject property
until released of record by the City.
Applicants acknowledge that nothing in this Agreement shall be construed to relieve
the Applicant from complying with all applicable local and state regulations, and all
terms and conditions of the original Conditional Zoning Agreement referenced above
and recorded in the Johnson County Recorder's Office at Book 1127, Page 124 et
seq..
Dated this /'-.~J~ day of ~
~RARI~SSOCIATES
S9.~T~IGATE ~EVE~L~PMENT COMPANY, INC.
I,~AN ,O~.~R~L PARTNERSHIP
M ly s~verman, President
,1995.
CITY OF IOWA CiTY
Susan M. Horowitz, Mayor
Appro~.~ by: ..~
C~__~t t ° r r~Y~s-~g f fic e-'~./~/. ?.S --~
Marian K. Karr, City Clerk
3
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this /~/'/] day of
~. U,5'f- , 1 9 ~-~' , before me, ~..~1 /~,
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 (Ordin~,nce) (R¢;;bti~) No. ~.~ -3(~/~ passed
by the City Council, on the /,5"-//1 day of ~.u~c]57z~ , 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
NORTHGATE PARK ASSOCIATES' ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 17~ day of t~L~. , 19~"', before me, the undersigned, a Notary
Public in and for the State of Iowa,/personally appeared Myles N. Braverman, to me personally
known, who being by me duly sworn, did say that he is the President of Northgate Park
Associates, an Iowa General/Limited Partnership, and that the instrument was signed on
behalf of the partnership by authority of the partners; and the partner acknowledged the
execution of the instrument to be the voluntary act and deed of the partnership by it, and by
the partner voluntarily executed.
Notary Public in and/or the Stat~?~f/Iowa
ppdadmin~no~t hgat .cza