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HomeMy WebLinkAbout1995-10-10 OrdinanceCONDITIONAL ZONING AGREEMENT AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal orporation (hereina~er "City") and CB Development, Ltd. (hereinafter "Owner"). Sin Owner, as legal title holder, has requested the City rezone the 2.02 acres of land east of Lakeside Drive and south of U.S. Highway 6, from ID-RS, Interim Development, mily Residential, to RM-12, Low-Density, Multi-Family; and to satisfy Iowa Code §414.5 (1995) provides that the City of Iowa City impose nditions on granting the rezoning request, over and above existin,ulations. needs directly caused by the requested change; and WHEREAS, the laracteristics of the subject property, including its presence of a sanit sewer easement over a large portion of the entranceway to the Wood neighborhood and to the city. and its zoning, require carefu of site design; and shape, the its location at an near industrial WHEREAS, Owner ensure appropriate subject tract; and that certain conditions and ily development and ensure ade~ are reasonable to culation upon the WHEREAS, the Owner has and conditions to ensure develop this in accordance with certain terms multi-family deve~ment in this area of Iowa City. NOW, THEREFORE, in of the agrees as follows: ~romises contained herein, the Owner CB Development, Ltd. is the Lakeside Drive and south of U.S. al title holder of the property located east of 6 legally described as follows: Outlot A of Whispering at Page 277 of the records of Part One, as recorded in Plat Book 31 County, Iowa Recorder's Office. Owner acknowledges that residential development and therefore, Owner to certain regulations to ensure area is buffered Highway 6, and ha uate access and multi-family development. ensure both apprepdate multi-family on and crc.'.'nd the subject tract, over and above existing City industrial development and circulation to accommodate In Developme~ Residenti~ of the City's rezoning the Single-Family Residential, to RM-12, Owner agrees that development and requirements of the RM-12 zone, as well Development of the site in conformance with a concept City. from ID-RS, Interim Density, Multi-Family subject property will the following additional Approval by the City of a landscape plan as part of site plan on the subject tract to ensure that a vegetative buffer is e residential development and Highway 6 and the residential devel<: adjacent industrial development. approved by the ind approval and the 2 Limiting access to the site to one location located at least 200 intersectiFr~ of Lakeside Ddve and the Highway 6 frontage reac traffic south of the minimize City appr al of the parking area and carport layout to circulation and outside the developed tract. Owner acknowlec impose on the land public needs which ar~ uate traffic Owners acknowledge redeveloped, or subdi~ Agreement. 3ns contained herein Iowa Code §414.5 (1995) caused by the requested conditions to conditions satisfy change. in the event the subject all redevelopment will The Parties acknowledge be a covenant running with the force and effect as a covenant of record by the City. The Parties to the benefit of and bin~ Further, upon certification by the City in the Conditional Zoning Agreement is hereby authorized and directed conditions placed upon the property and a certified copy of such County Recorder is transferred, sold, with the terms of this The Ownera acknowledge the Applicant from complying Conditional with ing with Agreement shall be deemed to to the land, and shall remain in full to the land unless or until released e that this agreement shall inure and assignees of the Parties. or Designee that all conditions contained been complied with and satisfied, the Mayor and the City Clerk to attest, a release of all of the Conditional Zoning Agreement, recorded in the Office of the Johnson The Parties agree reference into the Ordinal publication of the Ordin Johnson County in this all applicable be construed to relieve al, state, and federal regulations. Dated this day Zoning rezoning the subject this Agreement shall Office at City expense. shall be incorporated by and that upon adoption and orded by the City Clerk in the ,1995. CITY OF IOWA TY, IOWA R By: Susan M. Mayor / By: //KKa Madan F). rr, City Clerk Approved y: By: CB Development, Carol Barker 3 TE OF IOWA ) )SS COUNTY ) 1IS, and for th Iowa, personally appeared Carol being by me ly sworn did say that she is the Preside the cot the within and foregoing in by the that said instrument was signe~ of its Board of Dip and that Carol Barker foregoing voluntarily executed. day of September, 1995, before me undersigned, a Notary Public in to me personally known, who and Secretary of C.B. Development. that no seal has been procured behalf of the corporation by authority acknowledged the execution of the to be the voluntary act ar deed of the corporation, by it and by her STATE OF IOWA JOHNSON COUNTY ) On this __ day nd for said County, in said State to me personally known, who Clerk, respectively of said seal affixed thereto is the sea and sealed on behalf of said corporation; of said instrument to voluntarily executed. said munk cot M. Horowitz ary Notary Public in and for the State of Iowa 1995, before me, the undersigned, a Notary Public in ly appeared Susan M. Horowitz and Madan K. Karr, luly sworn. did say that they are the Mayor and City executing the foregoing instrument; that the corporation; that said instrument was signed ~ by authority of City council of said municipal /larian K Karr acknowledged that execution municipal corporation and by them Notan 'ublic in and for the State of Iowa ORDINANCE NO. 95-3694 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF 30 ACRES OF LAND LOCATED WEST OF MORMON TREK BOULEVARD AND SOUTH OF ROHRET ROAD FROM RS-5o LOW DENSITY SINGLE-FAMILY, TO OPDH-8, PLANNED DEVELOPMENT HOUS- ING OVERLAY. WHEREAS, Owner, as legal title holder, and Applicant, as purchaser, have requested that the City rezone approximately 30 acres of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay; and WHEREAS, the proposed rezoning wiil allow development of residential uses at a density higher than the current RS-5 zoning permits; and WHEREAS, Iowa Code §414.5 {1995) pro- vides that the City of Iowa City may impose reasonable conditions on granting the rezoning request. over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City wishes to ensure that adequate infrastructure, including sanitary sewer lines, private and public sidewalks and streets are built and maintained to serve the proposed residential development on this prop- erty; and WHEREAS. the City wishes to ensure that the development is phased so that each phase contains a mixture of multi-family and town- house-style dwelling units; and WHEREAS, Owner and Applicant acknowl- edge that certain conditions and restrictions are reasonable to ensure appropriate urban devel- opment in this area of Iowa City; and WHEREAS, the Owner and Applicant have agreed to develop th~s property in accordance with certain terms and conditions to ensure appropriate urban development in this area of Iowa City; and WHEREAS, in accordance with the Compre- hensive Plan, the proposed rezoning will allow development of housing at a medium density in an area where public services and commercial development are available to serve such hous- ing. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA, THAT: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agree- Ordinance No. 95-3694 Page 2 ment as authorized by Iowa Code §414.5 (1995), a copy of which is attached hereto and incorporated by reference herein, the propert,/ described below is conditionally reclassified from its present classification of RS-5 to OPDH-8: Beginning at the northeast corner of the southwest quarter of the southwest quar- ter of Section 17, Township 79 North, Range 6 West, of the Fifth Principal Merid- ian, thence S00°24'00"E, along the east line of the southwest quarter of the south- west quarter of Section 17, 1146.92 feet; thence S83041'55", 710.51 feet, to the northeasterly right-of-way of relocated primary Highway U.S. 218; thence N47°47'00"W, along said right-of-way line 841.49 feet; thence NO0°12°31"W, along the west line of said southwest quarter of said southwest quarter 616.66 feet; thence N89°44'22"E, along the south right-of-way line of Rohret Road, 481.00 feet to its intersection with the west line of the right-of-way parcel ac- quired by the acquisition plat recorded in Deed Book 1807, at page 291 of the records of the Johnson County Recorder's Office; thence S00°17'38"W, along the west line of said right-of-way acquisition parcel 4.00 feet to the southwest corner thereof; thence southeasterly along the south line of said right-of-way acquisition parcel 333.14 feat, along a 960.00 foot radius curve concave southerly, whose 331.47 foot chord bears S80°21'10"E; thence S70°24'41"E, along said south line 14.42 feet; thence southeasterly, along said south line 363.03 feet, along a 1040.00 foot radius curve, concave north- easterly; whose 361.19 foot chord bears S80°24'41"E; thence N89°35'19"E, along said south line, 114.47 feet to the southeast corner thereof; thence N00o24'00"W, along the east line of said right-of-way acquisition parcel, 163.89 feet to the northeast corner thereof; thence N89°49'52"E, along the north line of the southwest quarter of the southwest quarter of Section 17, 33.00 feet to the point of beginning. Said tract of land containing 30.041 acres total, more or less, of which 1.028 acres ie intended to be dedicated/obtained for public rights-of- way, and is subject to easements and restrictions of record. Ordinance No. 95-3694 Page 3 SECTION 11, ZONING MAP. Upon final pas- sage, approval and publication of this Ordi- nance as provided by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this zoning amendment. SECTION III. CONDITIONAL ZONING AGREE- MENT. Following final passage and approval of this Ordinance, 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. SECTION IV. CERTIFICATION AND RECORD- ING. Upon passage and approval of this ordi- nance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this Ordinance and the Conditional Zoning Agree- ment, and to record the same in the Office of the Recorder, Johnson County, Iowa, at the Applicant's expense, all as provided by law. 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. SECTION VII. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 10th day of October, 1995. Ordinance No. 95-3694 Page 4 It was moved by Lehman and seconded by as read be adopted, and upon roll call there were: Novick AYES: NAYS: ABSENT: x Baker X Horowltz "Z"' Kubby X Lehman x Novick x Pigott x Throgmorton that ~e Ordinance First Consideration Vote for passage: Novick, Pigott. 9/12/95 AYES: Throgmorton, Baker, Kubby, Lehman, NAYS: None. ABSENT: Horowitz. Second Consideration 9/26/95 Vote for passage: AYES: Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick, Plgott. NAYS: None. ABSENT: None. Date published 10/18/95 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a Municipal Corporation (hereafter "City"), Robert and Kathleen Carson (hereafter "Owner''), and Melrose Investments, an Iowa General Partnership (hereafter "Applicant"). WHEREAS, Owner, as legal title holder, and Applicant, as purchaser, have requested that the City rezone approximately 30 acres of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay; and WHEREAS, the proposed rezoning will allow development of residential uses at a density higher than the current RS-5 zoning permits; and WHEREAS, Iowa Code §414.5 (1995) provides that the City of Iowa City may impose reasonable conditions on granting the rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City wishes to ensure that adequate infrastructure, including sanitary sewer lines, private and public sidewalks and streets, are built and maintained to serve the proposed residential development on this property; and WHEREAS, the City wishes to ensure that the development is phased so that each phase contains a mixture of multi-family and townhouse-style dwelling units; and WHEREAS, Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure appropriate urban development in this area of Iowa City; and WHEREAS, the Owner and Applicant have agreed to develop this property in accordance with certain terms and conditions to ensure appropriate urban development in this area of Iowa City. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: Robert and Kathleen Camon are the legal title holders of property on the west side of Mormon Trek Boulevard south of Rohret Road, which property is more particularly described as follows: Beginning at the northeast comer of the southwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West, of the Fifth Principal Meridian, thence S00°24'00"E, along the east line of the southwest quarter of the southwest quarter of Section 17, 1146.92 feet; thence S83°41 '55'~V, 710.51 feet, to the northeasterly right-of-way ofrelocated primary Highway U.S. 218; thence N47°47'00'~N, along said right-of-way line 841.49 feet; thence N00° 12'31 '~/V, along the west line of said southwest quarter of said southwest quarter 616.66 feet; thence 2 N89°44'22"E, along the south right-of-way line of Rohret Road. 481.00 feet to its intersection with the west line of the right-of-way parcel acquired by the acquisition plat recorded in Deed Book 1807, at page 291 of the records of the Johnson County Recorders Office; thence S00°17'38'~N, along the west line of said right-of-way acquisition parcel 4.00 feet to the southwest comer thereof; thence southeasterly along the south line of said right-of-way acquisition parcel 333.14 feet, along a 960.00 foot radius curve concave southerly, whose 331.47 foot chord bears S80°21'10"E; thence S70°24'41"E, along said south line 14.42 feet; thence southeasterly, along said south line 363.03 feet. along a 1040.00 foot radius curve, concave northeasterly; whose 361.19 foot chord bears S80024'41"E; thence N89°35'19"E, along said south line, 114.47 feet to the southeast comer thereof; thence N00°24'00'~/, along the east line of said right-of-way acquisition parcel, 163.89 feet to the northeast comer thereof; thence N89049'52"E, along the north line of the southwest quarter of the southwest quarter of Section 17.33.00 feet to the point of beginning. Said tract of land containing 30.041 acres total, more or less, of which 1.028 acres is intended to be dedicated/obtained for public rights-of-way, and is subject to easements and restrictions of record. Owner and Applicant acknowledge that the City wishes to ensure that the proposed development is served by adequate public and private infrastructure and that it is built in phases so that each phase contains a mixture of multi-family and townhouse-style dwelling units. In consideration of the City's razoning of the subject property from RS-5 to OPDH~8, Owner and Applicant agree that development and use of subject property will conform to the approved OPDH plan and all RS-8 zoning regulations. as well as the following additional conditions: Until the Abbey Lane sanitary sewer line upgrade is completed. building permits shall be issued for no more than 150 dwelling units on the subject property. Upon completion of the Abbey Lane sanitary sewer line upgrade, additional building permits may be issued by the City in accordance with the OPDH plan. At the time of final OPDH plan approval, the applicant shall submit legal papers addresing and specifying the homeowners' association's responsibility for snow removal from the sidewalks and private streets within the development. The applicant agrees to pay to the City a sum equal to the cost of constructing and installing a four (4) foot-wide public sidewalk along the property abutting Rohret Road, at a cost of $2.55 per square foot. This fee is in lieu of sidewalks that otherwise would be required to be built by the applicant. and said amount shall be used to construct said sidewalk following the completion of improvements to Rohret Road. 3 Construction of dwelling units shall be phased as shown on the OPDH plan, attached hereto as Exhibit A and by reference made part of this document. The Owner .and Applicant acknowledge that the conditions contained herein are reasonable conditions to impose on land under Iowa Code §414.5 (1995), and that said conditions satisfy public needs which are directly caused by the requested zoning change. The Owner and Applicant acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this agreement shall inure to the benefit of and bind all successors. representatives and assignees of the Parties. Further, upon certification by the City Manager or Designee that all conditions conrained in the Conditional Zoning Agreement have been complied with and satisfied, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, a release of all conditions placed upon the property by reason of the Conditional Zoning Agreement, a certified copy of which shall be recorded in the Office of the Johnson County Recorder at the Applicanrs expense. Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner and Applicant from complying with all applicable local, state and federal regulations. Dated 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. the Iowa City City Clerk shall record this Agreement in the Johnson County Recorders Office at Applicant's expense. this /~ day of ~)~--~o~e ,- , 1995. OWNER Robert carson By: -~ Gary Wa ISE INVESTMENTS //~L~,ARTNERSHIP s 4 CITY OF IOWA CITY sY: s wi r Manan K. Karr, City Clerk Approved by: ~__~Ci~orney~ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Z.~, ' day of A~.,x.~r . 19 '~5 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Robert and Kathleen Carson, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Zq day of A,~,~- ,19 ~Ts, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared go,,-~ Cc~-/-L,,= , to me personally known, who being by me duly sworn, did say that the person is one of the partners of 77~ ~ I~s~ ~',,,,,e~,-.~,J,5' , 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 for the State of Iowa 5 )F IOWA ,N COUNTY /~ ) ) ss: ) day of Dc~-ob~_,-- 19~1_~ before me, . ~ . a Notary P'ublic in and for the State of rsonally appeared Susan M. Horowitz and Madan K. Karr, to me personally known, · , being by me duly swom, did say that they are the Mayor and City Clerk, respectively. .y of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate 'he corporation, and that the instrument was signed and sealed on behalf of the on, by authority of its City Council, as contained in (Ordinance) (-Res~.~n) No. ~.-~' passed by the City Council, on the /,~ ''~ day of ~r , 19 75 , and that Susan M. Horowitz and Marian K. Karr :dged the execution of the instrument to be their voluntary act and deed and the act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Townhouse Multi- Phase Style Units Family Units i 24 24 II 26 24 I11 36 30 IV 32 36 Total 118 114 --I Exhibit A: Phasing Plan ORDINANCENO. ORDINANCE AMENDING TITLE 2, "HUMAN RIGHTS," CITY CODE, BY AMENDING THE SUBPOENA POWER OF THE HUMAN RIGHTS COMMISSION, BY ADDING THE DEFINITION OF GENDER IDENTITY, AND BY ADDING GENDER IDENTITY AS A PROTECTED CLASS. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 2, is hereby amended as follows: a. Section 2~2-2J is deleted and the following is adopted in lieu thereof: Issue subpoenas and order discovery provided bV this Section to aid in tigation of allegations of discrimination ubpoenas and discover, same extent and are sub the ~e limitations as subpoenas ~ a civil action in District This shall be retros its tion shall apply to comp Januar 1993. Section Iowing GENDER individual attri behavior, are feminine. is am to add the fol- identity: A person's various ;, actual or perceived, in or appearance, as they be masculine and/or deleted as thereof: ~, (C), and (F)(2) are followin ire adopted in lieu EXCEPTI be unlawful for employer to to hire, accept, classify, Jpgrade or refer for or to otherwise discriminate in Jment against any other person or to discharge any employee because of age, co r, creed, disability, gender identity, marita status, national origin, race, religion, sex or exual orientation. It shall be unlawful for any labor orga 'za- tion to refuse to admit to membersh , apprenticeship or training an applicant, t expel any member, or to otherwise discrimi- '. r the privileges, rights or benefits of such membership, apprenticeship or training because of age, color, creed, disability, gender identity, marital status, national Ord. No. Page 2 F.2. origin, race, religious, sex or sexual orienta- tion of such applicant or member, It shall be unlawful for any employer, em- ployment agency, labor organization or the employees or members thereof directly indirectly advertise or in any other man indicate or publicize that unwelcome, objectionable or not for employment or membership of color, creed, status, national ' ' religion, or sexual orientation. ~n employer or hich chooses to for em or elderl or offer of linate elderl creed, tal sex d. Sections and the folio A. It shal any ~ of the agency or to only the such employ- not the disabled or basis of age, color, gender identity, mad- origin, race, religion, orientation. (B), and (D) are deleted adopted in lieu thereof: EXCEPTIONS: for any person to deny full and equal enjoy- services, facilities, of any place of because of age, creed, gender identity, marital status, national in, race, religion, sex or sexual orientation It shall be unlawful to dir~ or indirectly advertise or in any other ~ner indicate or publicize that the pattone of persons is unwelcome, objectionable not solicited because of age, color, disability, gender identity, marital national origin, race, religion, sex or ual orienta- tion. D. Public accommodations may be nated specifically for the disabled. However, public ' not be restricted amon the elderl~ on the basis of ag gender identity, marital status origin, race, religion, sex or tion, e. Sections 2-3-3(A), (B}, and (C) are deleted and the following are adopted in lieu thereof: CREDIT TRANSACTIONS; EXCEPTIONS: A. Consumer Credit: It shall be unlawful for any creditor to refuse to enter into any ORDINANCE NO. ORDINANCE AMENDING TITLE 2, "HUMAN RIGHTS," CITY CODE, BY SUBPOENA POWER OF THE HUMAN ;OMMISSION AND BY AMENDING THE EFI- ITION OF SEXUAL ORIENTATION. IT ORDAINED BY THE CITY COUI OF CITY, IOWA: ON 1. AMENDMENT. Title amer as follows: a. on 2-2-2J is deleted and is in lieu thereof; J. subpoenas and ord by this the Same ery in a Section shall tion and shall ~ January 1, is hereby ~e following discovery as aid in inves- ations of rimination. The may be ordered to an are subject to the and discoy- District Court. This ~ective in its opera- , to complaints filed after SEI Section 2-1-1 deleted and thereof: preferrin sexual ofthe of th~ ITATION", is ~wing is adopted in lieu rION: The status of ip of affection or a p a consenting adult , or a consenting adult sex. orientation" inclu ~rovision or part of the Ordinance 3djudged to be invalid or unconstitutio~ adjudication shall not affect the Ordinance as a whole or any section, or part thereof not adjudged invalid or tutional. SECTION IV. EFFECTIVE DATE. shall be in effect after its final passag, al and publication, as provided by law. Passed and approved this ;s actual or ~le or female homosexuality, tra and includes ~erson's attitudes, qces, beliefs J practices pertaining ther~ ~. II. REPEALER. All ~ances and of ordinances in conflict the provi- f this ordinance are hereb, ded. III. SEVERABILITY. If section, qall be such the ;ion MAYOR ATTEST: CITY CLERK Attorney°s Office