Loading...
HomeMy WebLinkAbout1995-11-27 OrdinanceDEFEATED ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 2 ACRES OF LAND LOCATED ON THE EAST SIDE OF DUBUQUE ROAD NORTH OF DODGE STREET FROM RS-5, LOW DENSITY SINGLE- FAMILY, TO OPDH-8, PLANNED DEVELOP- MENT HOUSING OVERLAY WHEREAS, Owner, as legal title holder, and Applicant, as purchaser, have requested that the City rezone approximately 2 acres of land located east of Dubuque Road and north of Dodge Street from RS-5, Low Density Single- Family Residential, to OPDH-8, Planned Devel- opment Housing Overlay; and WHEREAS, the proposed rezoning will permit the development of residential uses at a density higher than the current RS-5 zoning allows; 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 the existing regula- tions, in order to satisfy public needs directly caused by the requested change; and WHEREAS, due to certain characteristics, development of the subject property will affect the public safety and welfare; and WHEREAS, due to such characteristics, developmcnt of the subject property requires careful consideration of such planning and safe- ty issues as ensuring that the multi-family development has adequate street access and ~s appropriately landscaped to make it compatible in scale with the adjacent RS-5 zone; and WHEREAS, it is also necessary and appropri- ate to preserve to the extent possible the natural features of the site during construction, said features being the cedar trees located adjacent to Dubuque Road; and WHEREAS, Owner and Applicant acknowl- edge that certain conditions and restrictions are reasonable in order to ensure safe and appropri- ate development of the subject tract; and WHEREAS, the Owner and Applicant have agreed to develop this property in accordance with certain terms and conditions to ensure safe and appropriate development of the sub- ject tract; and WHEREAS. in accordance with the Compre- hensive Plan, the proposed rezoning will allow Ordinance No. Page 2 development of affordable housing at a medium density in an area where public services and commercial development are available to serve such housing. 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- ment as authorized by Iowa Code §414.5 (1995), a copy of which is attached hereto and incorporated by reference herein, the property described below is conditionally reclassified from its present classification of RS-5 to OPDH- 8: South 2 acres of the West Half of the Northwest Quarter of Section 2, Township 79 North, Range 6 West of the 5th P.M. Also described as: Commencing at the southwest corner of the southeast quarter of the northwest quarter of Section 2, Township 79 North, Range 6 West of the §th P.M., thence east 40 rods; thence north 8 rods; thence west 40 rods; thence south on the quarter section line to the place of beginning. SECTION il. 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 Ill. 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. Further, upon certification by the City Manager or Designee that all conditions con- tained 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 Applicant's expense. 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 Ordinance No. Page 3 authorized and directed to certify a copy of this Ordinance and the Conditional Zoning Agree- ment for recordation in the Office of the Re- corder, 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 MAYOR ATTEST: CITY CLERK 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 Pigott Throgmorton that the Ordinance First Consideration ! 1/27/9.5 Vote for passage: AYES: None NAYS: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. ABSENT: None. Second Consideration Vote for passage: Date published * 11-~7-1~5 18: ~'7 CORP PUR 4~,4-932-2~24 *~4 931 ~R4 P. 02 P. CONDITIONAL ZONIN(3 AGREEMENT THIS AOREEMi;NT ID made badwren the ~ of Iowa C..J1y. Iowa. a Munloipel Corporafinn Ihereafter "Cky"), Mary Alloe H~ohoook end Lie H'rtchao=k, husband end wife, (hametier "Owner"), end Saratoga aprlop Limited Partnership WHEReAll, Owner. me legal title holder. and ApplloenT. ae purchaser. have requested that ~he C~ mzona .ppmxlm~ly 2 a~u~ of I~nd ]ocat~ a~ Dubuque Ro.d and noah of D~dge Housing O~rlay; and WH.EREA$. the prupnsed razeoleg will permit the develope,or of reeidantlol rme~ at e doncity WHEREA8. Iowa Code 9414.6 I1985) provides that the City of iowa City may Im~goee reasonable condRiolT$ O~ g~an~ng t~ razenine r~u~t. o~ end above the e~is~g regulations. In order to s~ia~ pu~o naede di~otlV oa~ed by the requested seeing change; and WHEREAS. due to carteill oharaeterteTio., development of the subJoel property will effect the publie 4~efeW and welfare: and WHEREAS. due to oUoh ehqraottri~tt;a. development of the subJeer property requlme careful oona]doratton of auoh planning end a~e~ leaDoe al ensurl~ that ~e muhl.f~lly develop- m~ hal adequate ~met acGesl end is apprOpriate~ landscaped tO make ~ ~ompadble in ;caw wJ~ the adJaoo~ RS.5 zone; and WHIfFlEAS. It le el~o niece,cry and appropriet0 tO p~'e~,rve to the extent PO~JSible the natural to Dubuque Road; And WHEREAS, Owner end Apl~liosnt acknowlod9e that ~rtl(n conditlona end m~imlo~ ~ reasonable In order to ensure ~fe e~ appmpflate development of ~e aub~t ~eGt, and NOW. THEREFORE. In consideration of mutual promac,, oontained t~eraln. Owner. Appllnent and C(t¥ hereby agree ,e foilow~ Mary Alice HItehoook end Lee Hitchcock are the leg~d fifiO holders of properties on the east aide of Dubuque Road. whloh pmpe~i~ are more ~a~culariy desoribed .. foilOwe~ South 2 seres of thl We,! Half of the NorthwoOl Quarter of Township 79 Nolth. Range O West of the 5th P.M. Alto ~amibud querier of Gnation 2. Township 7~ Noah. R~ge 8 West of ~e Bah P.M.. thengo e.~ ~ ~d,l t~nco n~ 0 rods; thence we~ ~ rod~; ~anca eouth on the ~rTlr Bugtlon line to the pla~e ~ beginning. t32~ 97~ 11-~?-1805 IG:38 ~OU-27-19c]~ 15:51 [q~C COR~ Pl~ 414-9~1-2~-'24 4]4 931 2324 P. 05 04/0? 2 Owntar, Applioant and City ackntawledge tha~, due to certain oharoetefi~"Ll;% dsvalop~em ~ the subject pm~a~ will ~ffoot ~e publiD aafaW and well.e, a~ therefore development ~ the ~j~ propoEV requires ca~ul ~nelde~at~n of suoh planning and carew leeuse as ensuring that the rouENfamily development has adequate adjaoent RS-B ~one, Fu~ar, Owner, Appll~ent and City al~o acknowledge ma~ ~ la alta during conitmffilon, said feburea bel~ The gadJr ~eee IDeated adJloant to Dubuque Road. In c0nelderetion of the CK'y'a rezonlng of ~he subject property from RS-5 to OPDH-8, Owngr and Appfio~t egme ~at ~volopment .~ use of me lubJoet property will oonfo~ to the,ppm~d O~H Ran and R~8 regulation. ie applicable, as waft Ja ~e ~ell~[~ ed~d~nal send.one; In order to preserve To the extent possible the natgrot features of the site during construedon, Apelinear and Owne~ agree that prior to any developmere of the ~t0pe~y. o tree proration Plan will be aubml~ea to the CiW ~tailing the maasres ~ be t~an to prote~ the oedar trees Ioa~ed edJa;em to Dubuque Road ~n the area ghown on the DPON Plan~ far approval by the CEV ~omater, The true ~mte~ plan may ldem~ trees t0 be'mm~ed to tallow the ~on~fion of ~e proposal ~e~, namely 8aresage Piega. To ensure that the multi-family development has adequate ~reat ageism,, Beratego Place, whioh I~ ~0 ~r~t prigsad within re:Dried ~ea, shall e~ht-plax b~ldl~a ahnwn on the OPDH Plea. Prier to the leauan~s of s building permit for tany bulldl~lg Shown on the OPOH Plan, a Iondsoapilq] plan Shall be ~ubmitt~ for approval by the CiW Forager. The lindagaping plan shall he designed to minimize the appearance ~f the change tn scala be~n the proposed multi.family development and the adjacent aliielegy RS-5 zo~ noah of ~ra~ge ~ace, The Owner and Appllcen~ aeknnwladgo that the conditions contained heroin are reaSontable condkiona to impose on land under Iowta Code 5414.15 i1895), and dlrecfiy resulting ?ram the requested zoning ehan~, The Owner and Applicant ackr~wladge that In the event the subJest property Is transferred ~o We/).pplicent, all redevelopment will conform wi~ the tarred of this ~nditlonel Zoning Agreemorn. In the even; thle Agiomeat la not approved by the Iowa City Chy C~noll by Jan~w 9, 1990, this Agreement shall became null end veld, The Parties eeknowledga that this Ccndkianal Zoning Agreement shalt be deemed to be a =ovenant running with the land and with title to the land, and shall remain In full, force and effect tats e ~ovenan~ running w~h ~e tide to the lend u~aag or until raisesod of rooord ~ the C~, ~ Pa~Jl fu~er aoknowledge ~at thll A~oame~ shell Inure to t~ benefit of end bind air aucoese0ra, repmaan~vea and assignees 3,5:34 H~C (~ PLIR 4'14-932,-2;~24 42,4 93J, 2324 3 Owner end APl)lloafis suknowlndOe th~t fiething t, ~im C,~I Zonlna Ao~mom m~ieebJo local, ~o a~ ~eml mgul~o~. ~ ~m mubJa~ pmp~ end ~r~m~lfig whh ~n~m~lon o~ ~e pla~ed de~m~ i~t Apeloan1 d~m not r~unin0. th~a A~I~ shall t~lnete m~ ~ ~mmmd ~M o~ heyleg ~ luther rome end ~fmgt, and the A~oB~t and Ownm~ shell have nu tu~er ~l~atlofil a~ end o? no (orce end The Pm~eo edges that thhl C;ofidltJonsl Zofilng A~lm~ mh,9 bm ~mat~ by ~m~agl i~0 ~ 0r~Inmnee Mlonin9 ~i mubJ~ P~t q~ ~81 upon ~d~on m~ OWNER By: BAP,.~TOGA 8PRIN~ LIMITED PARTNERBHip Fiebart P. I~me · 11-27-1995 ~.6'~ P,05 NOU-~?-I~,,% 15::]~ HBC ~ PUR 414-c.~1-~,:~4 4t4 9~% ~3~4 P.(~/~7 4 CITY OF IOWA CITY ~iuaen M, HDmwltz, Mayer STATE OF~ ~ COUNTY Notn~ Public In n~ fo~ 6ald Coup, in anld ~t~, per~nnl~ ,ppae~d Mo~ Allfit HRchoook a~ be H~0hoa~k, ~ m. kno~ ~ b. the td,ntloml palsone n~ In o~ who executed the within ond fo~eg.l~ inhuman, I~ .cknowladgad th~ they exaeu~d the ~ame am th.ir volun~ a~ rand Notm~,/PubIt= In =nd for th. 5tat~'~f Iowa STATE OF IOWA JOHNSON COUNTY On thl~,~_~a(dey of A~/..p~iM, ,199~, before me, the underelgnld, a Note~ ~blie In ~nally known. who ~mlng ~V me duly .wofp. dld aev thmt ~he per, on ~ on. ~ ~ ~p, ~.)~.~ ~h~ Iowa Gen~rallLlm~od ~ngmhlp, and ~hot th. I~tfum~ wmm ~gned on bahmir of the PaYnimhip by eu~rlW of ~ patna.; pa~e~ ~0i~0wl~ ~8 e~fi~ ~ the Inli/u~nl to be th~ ~lunt~ act Dnd pa~omhip by ~, a~ by ~ho panner volun~l~ exeouted. No~rV I~bllo In end for 16:39 STATE OP IOWA JOHNeOhl COUNTY On thlac~l.~l~da¥ c~./l~.~..~ 16.~.~, before ~, ~e undgr~n~,. N~teW Publie In ~analW ~own,.~o b~i~ by ? duW ,wm~ ~v th~ the pareart i~ o~ of ~h, p~An~r. the m~ument wo~ ~lgn~ on behalf of the p~n~reh~ ~ ,utho~l~ of IRa p~rtn~; and the pa~ar .uknowled~ad ~ ~n~rehlp ~ it, and by Public in qnd for ~ Notary Iowa 8TA~E OF IOWA aOHN6DN COUNTY On this _ day of _ ._, IB , blfore me, , a N~[ary Public tn end for the 6tale of IOWa, par~on~l]~ appeared ~unan M, Ho~w~ o~ Mean K. K~, ta me pn~onolN known, and, who, being by me duly awarn, did aay ~at they ~o thp M~yor end CiW Clerk, reapecOver, of the CI~ ~ Iowa CJ~, iowa; that t~ seal affixed to ~e foregol~ inat~ume~ la ~e ~potate aeal ~he corporeal, and ~h~ the Jn~mmam was o~ned a~ soeJed ~ boha~ of The by e~hmhy of Its City Co~n0ll, il =ontoln~ in (~dinanco) aReaolden) No. paoeed by the C~ Council, on t~ ~ day of . .1a~, and ~ Suean M, Harow~ end Mefi~n K, ~. ~nowledge~ the exmgutJofi OffS8 in.merit be ~elr voluntn~ a~ and dead ~nd the ~lumary 101 and d,~ of the co.oration, voluntarily ~oTary Publie in end for the'~tate~owa TO: PROTEST OF' RE:ZONING HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, iOWA We, the undersigned, being the owners of twenty percent or more of the area.~h.e ,~efop~ included in the proposed zoning change, or the owners of twenty percent ~ mor~of the property which Is located within two hundred fsa~ of the exterior boun(~es .of the pro~rty for which the zoning change is proposed, do hereby protest the rezoning of the f51iowlng property: This petition is signed and acknowledged by each of us with the Intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all In accordance with ~414.5 of the Code of Iowa. STATE OF IOWA JOHNSON COUNTY On this Zq day of ,19 ~_5_, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ~j. [I.~ ~..D: c~,~ and ggc,.i~n,~ /-. ~u~ 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 By: Owner(s) of Property Address STATE OF IOWA ) ) as: JOHNSON COUNTY ) On this day of ,19 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared and _ 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. ~Jl~J~J~lty wllll.;[1 I~1 IOf,;i~ltr¢l[I Wltlllrl two nunore(~ lee[ QT me ex[enor oounoanea o~.me property Tor which the zoning change Is proposed, do hereby protest the rezoning of the ~lJowing property: -To o P b I-I This petition is signed and acknowledged by each of us with the Intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council. all In accordance with {414.5 of the Code of Iowa. STATE OF IOWA ) ) JOHNSON COUNTY ) On this ~."t day of ~., .~/~- , 19 5...~5_, before me, the undersigned, a Notary Public in and for said County and State, personally appeared cu~ t/,,. ~', .D: c~,~. and &~,~/.-. ~',,~ ~ to me known to be the identical persons named in an~-who executed. ~,~ withtn 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 By: Owner(s) of Property Address STATE OF IOWA JOHNSON COUNTY On this ~ day of ,19___, before me, the undersigned, a Notary Public in and for said County and State, personally appeared and 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 PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of twenty percent or more of the area of the pCbperty incJuded in the proposed zoning change, or the owners of twenty percent..or more of the property which is located within two hundred feet of the extedor boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following pro.petty: This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with §414.5 of the Code of Iowa. Owner(s) of Property Address STATE OF IOWA ) ) ss: JOHNSON COUNTY ) · On this 2'7 day of No¥¢r~0er' ,19 .~-~', before me. the u0dersigned, a Notary Public in and fo~r said ~'~unt7 and .State, personally appeared ~o,¢~c~ ~', C~r¢_.,~ and I~onr~o, ~-, ~'r[~¢[ ~o,r~ 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. By: Owner(s) of NotanJ,..~l~c in,and for the State of Iowa Property Address STATE OF IOWA ) ) JOHNSON COUNTY ) .On this .2 day of ~Jo¢~.1~¢r' , 19.~'~, before me, ttle unc[ersigned_, a Notary Public in ~and for said County and State, personally appeared [~,v,'c{ 't~Orm~, L. ~'r~e.({ ¢n0.,,1 to me known to be the identical persons ~amed in and who executed the within and foregoing instrument and acknowledged that they executed the same ~.~ thp. ir unlHnt~rv ~ ~nd which the zoning change is proposed, do hereby protest the rezoning of the following property: This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with {}414.5 of the Code of !owa. By: Owner(s) of Property Address STATE OF IOWA ) ) ss: JOHNSON COUNTY ) .-~ ,' On this 2'~. day of No~¢~Der' ,19 9..~, before me~ the u0derslgned, a Notary Public in and for said"(~o~nty an.d ,State, personally appeared ~¢~d ~. C~xr¢_~ and ~onr~¢. J-, {~rlecl rn~ 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. By: Owner(s) of o aryk.~ ~c in, and for t~e State of Iowa Property Address STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~. day of ~Jo,/~.r~{ ,19.9~', before me, tl~e ,Uv?~ersigned, a Notary Public in and for said'~'-ounty and ,State, personally appeared ~¢, ,'c~ ['. C~r'/'~/ and 't~0r, n¢, L. Fr~,e.([ monl to me known to be the identical persons~amed in and who executed the within and foregoing inslrument and acknowledged that they executed the same as their voluntary act and deed. o~ and 'for the State of Iowa -- TO: PROTEST OF REZONING HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of twenty percent or more of the area the ~perty included in the proposed zoning change, or the owners of twenty perceri,~,,or morO-of [he property which ie located within two hundred feet of the exterior boundaries of~[he property for which the zoning change is proposed, do hereby protest the rezoning of the following property: [ This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-foudhs of all the members of the council, all in accordance with §414.5 of the Code of Iowa. By: Owner(s) of Property Address STATE OF IOWA ) ) ~: JOHNSON COUNTY) On this~-'~ day of'~OJ~.~f~J~V' , 19%, before ~the undersigned, a Notary Public in and for said County and State, personally appeared .~ i-E> 1('6~ ~55, ~)'~,J~°,¥-- and to me known to be the ider~tical persons Named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. '- KIMBER~*Y No, 1~ ~' ry Public in and for the State of Iowa By: Owner(s) of Property Address STATE OF IOWA ) ) JOHNSON COUNTY ) On this day of ,19 ,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared and 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 ;Nhi~:h tl~e zoning change is proposed, do hereby protest the rezoning of the followir~g I~rop~rty: l-ca~(-'~/"-5-T':~/'-~(~C o/~ 0(~'~~el ~o~ ~ ~,/ ~Ce/- ~/~0/oo/ d~o ,: ~,~/~ ~'~/ o~: O/C/ ~ ~7~ ~is p~lillon is ~igned and acknowledged by ~aoh of u~ with th~ intention tsar such mzoning ~hall not becom~ ~ffe~iw exoepl by ~ favorable vot~ ol at I~a~t thrumroughs ol all lhe members of lh~ ooundl, all in aooord~o~ ~lh ~414.fi of lh~ Ood~ of Iow~. Owner(s) of Property Address STATE OF IOWA ) ) ms: JOHNSON COUNTY ) On this~'~ day of'~O~e~'~v', 19q.~, before m.~_.~.the undersigned, a Notary Public in and for said ~o'unty and State, personally appeared _~ ~--~ I'(~'. ~'), .~",,~ ~o,y-.-- and 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. L' KIMBER[,¥ K. ~ i Notary Public in and for the State of Iowa Owner(s) of Property Address STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this __ day of ,19 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared and 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 TO: PROTEST OF REZONING HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of twenty percent or more of the are~-'~f the, c~ropedy included in the proposed zoning change, or the owners of twenty perce~t or mo'r~ of the property which is located within two hundred feet of the exterior boundaries;'~f the property for which the zoning change is proposed, do hereby protest the rezoning of the following properb/: This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with §414.5 of the Code of Iowa. Owner(s) of Properly Address / STATE OF IOWA ) ) JOHNSON COUNTY ) On this ~.7 day of /~00[,~(~e-, 19_~, before me, the undersigned, a Notary Public in and for said 'County and State, personally appeared ~.~,'11;~,.. C~,~,~t~ and ~)eAz)l~... ~,.~,,3e. L~ 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. i j V;ILIJAI A. KID} £LL i ?.-.c ..,I. Notary Public in and for the $tat~ of Iowa By: ' Owner(s) of Property Address STATE OF IOWA ) ) JOHNSON COUNTY ) $9: On this __ day of ,19 , , before me, the undersigned, a Notary Public in and for said County and State, personally appeared and to me known to be the identical persons named in and who which the zoning change is proposed, do hereby protest the rezoning of the following properly: This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-foudhs of all the members of the council, all in accordance with {414.5 of the Code of Iowa. Owner(s) of Property Address i STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~1.._.~.7 day of ~o0~, 19 ~'~-, before me, the undersigned, a Notary Public in and for said County and State, personally appeared I.~_~'11,',~,., ~'~ ~. I and ~)o~'~ ~-~'~l'q~ t~ 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 By: Owner(s) of Property Address STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of ,19. , before me, the undersigned, a Notary Public in and for said County and State, personally appeared and 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 CONDITIONAL ZONING AGREEIV1ENT THIS AGREEMENT is (hereafter C'ty"), Mary "Owner"), and Saratoga WHEREAS, Owner, as lega City rezone approximately Street from RS-5, Low Den,. Housing Overlay; and between the City of Iowa City, Iowa, a Municipal Corporation ,lice Hitchcock and Lee Hitchcock, husband and wife, (hereafter Limited Partnership (hereafter "Applicant"). title holder, and Applicant, as purchaser, have request rares of land located east of Dubuque Road and of Dodge Single-Family Residential, to OPDH-8, Planned WHEREAS, the proposed fez higher than the current RS-5 will permit the development of residentit allows; and sity WHEREAS, Iowa Code §414.5 reasonable conditions on regulations, in order to satisfy and 195) provides that the City the rezoning request, ore eeds directly caused by City may impose above the existing uested zoning change; WHEREAS, due to certain characteristi, public safety and welfare; and will affect the WHEREAS, due to such characteristics consideration of such planning and ment has adequate street access and is a scale with the adjacent RS-5 zone; and subject property requires careful ensuring that the multi-family develop- tely landscaped to make it compatible in WHEREAS, it is also necessary and appropria features of the site during construction, to Dubuque Road. and ~reserve to the extent possible the natural the cedar trees located adjacent WHEREAS, Owner and Applicant ackn edge reasonable in order to ensure safe an~ Owner and City wish to enter into an reement to conditions. :ertain conditions and restrictions are of the subject tract, and mrialize the agreed-upon terms and NOW, THEREFORE, in considerati¢ of mutual and City hereby agree as follows: ~ined herein, Owner, Applicant Mary Alice Hitchcock an east side of Dubuque follows: .ee Hitchcock are the leg which properties are more Iders of properties on the rticularly described as South 2 acre of the West Half of the Northwest ;r of Section 2, Township.7 North, Range 6 West of the 5th P.M. described as: Commencm at the southwest corner of the southeast q e northwest quarter of 2, Township 79 North, Range 6 West of P.M., thence e~ 40 rods; thence north 8 rods; thence west 40 rods; thence south on the q~ section line to the place of beginning. e Owner, Applicant and City acknowledge that, due to certain ~aracteristics, development of the subject property will affect the public safety a,~d welfare, and development of the subject property requires careful consideratiog/of such planning and safety issues as ensuring that the multi-family development ~l'as adequate street access and is appropriately landscaped to make it compatible in s,c'ale with the adjacent RS-5 zone. Further, Owner, Applicant and City also acknowledge that it is necessary and appropriate to preserve to the extent possible the natural features of the site during on, said features being the cedar trees loci]ted adjacent to Dubuque Road. / In consideration of Owner and Applicant conform to the ap[ following additional ;ity's rezoning of the subject ee that development and 'DH plan and RS-8 regu ' from RS-5 to OPDH-8, of the subject property will ~pplicable, as well as the In order to I ~ extent possil construction, prior to ,~1opment be submitted to the Cit~ ]iling th~ trees located adjacent to The tree protection plan protection plan may identify 1 the proposed street, Saratoga he natural features of the site during property, a tree protection plan will ~ be taken to protect the cedar d in the area shown on the OPDH plan. roved by the City Forester. The tree to be removed to allow the construction of ace. To ensure that the multi-f Saratoga Place, the street prior to the issuance of a buildings shown on the evelopment has adequate street access, within rezoned area, shall be constructed for either the four-plex or eight-plex plan. Co Prior to the issuance for any building shown on the OPDH plan, a landscaping shall be approved by the City Forester. The landscaping pl~ shall be desi minimize the appearance of the change in scale tween the proposed Jlti-family development and the adjacent single-fa RS-5 zone across S ~ Place. The Owner and Appli ~t acknowledge that the reasonable conditions ~ose on land under Iowa said conditions public safety needs as well directly resulting the requested zoning change ,nditions contained herein are ;ode §414.5 (1995), and that ; the public's aesthetic needs ~roposed development. The Owner and ~licant acknowledge that in the transferred, sold, )ed, or subdivided, all redevelc terms of this Cot litional Zoning Agreement. the subject property is nt will conform with the The Parties be a covenant force and effe, by record of to the Further, ,wledge that this Conditional Zoning Ag shall be deemed to with the land and with title to the land, hall remain in full ovenant running with the title to the land ; or until released The Parties further acknowledge that this ;hall inure and bind all successors, representatives and assig Parties. certification by the City Manager or Designee that all conditions con- 3 rained in the Conditional Zoning Agreement have been complied with and satisfied, the Mayor is hereby authorized and directed to sign, and the C, it~/Clerk to attest, a release of all >ns placed upon the property by reaso~ of the Conditional Zoning Ag~ copy of which shall be record~ in the Office of the Johnson County at the Applicant's expense. Owner and A shall be applicable local, ~nt acknowledge that nothing to relieve the Owner an and federal regulations The Parties ree th reference publication of the the Johnson County Conditional Zoning Agreement 31icant from complying with all this Conditional nce rezonin the Iowa rder's Offic This Conditional Zoning to the subj known as "Saratoga Springs event Applicant does not a construction of the planned rezoning, this Agreement sh Applicant and Owner shall the rezoning of the sub 3merit shall be incorporated by and that upon adoption and City Clerk shall record this Agreement in City expense. Dated this day of conditioned upon Applicant acquiring legal title with construction of the planned development er the PDH plan approved by this rezoning. In the ire title to the subject property or proceed with velopment under the PDH plan approved by this :erminate and be of no further force and effect; the ~o obligations and liabilities hereunder; and further, shall be of no force and effect. ,1995. OWNER By: Mary Alice Hitchcoc~ By: Lee Hitchcock SARATOGA SPRI LIMITED PARTNERSHIP By: Charles Ea~ Jam, President By: Robert P. Burns CITY OF IOWA CITY By: Susan M. Hot itz, Mayor Attest: Marian K. City Clerk STATE OF. COUNTY ) On this day Notary Public in and for and Lee Hitchcock, to me within and foregoing voluntary act and deed. 4 Appro ,ve b~ / C' y tto~~7£.?~._... / , 19 , before me, the undersigned· a said State, personally appeared Mary Alice Hitchcock identical persons named in and who executed the acknowledged that they executed the same as their Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of and for the State of personally known, w of the inst partner acknowlec~ partnership by it, personally being by me duly igned on behalf of the he execution of the ~d by the partner voluntarily before me, the undersigned, a Notary Public in · to me did say that the person is one of the partners Iowa General/Limited Partnership, and that by authority of the partners; and the at to be the voluntary act and deed of the Jted. Notary Public ;for the State of Iowa 5 STATE OF IOWA SS: JOHNSON COUNTY ) On this __ day of and for the State of Iow~ personally known, who bE of the instrument was signed partner acknowledged the exe, partnership by it, and by the · 1 9 , before me, the undersi personally appeared by me duty sworn, did say that the · an Iowa General the partnership by a of the instrument to :her voluntarily a Notary Public in · to me is one of the partners Partnership, and that of the partners; and the yact and deed of the Notary in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , a Nota appeared Susan M. Horowitz and Ma by me duly sworn, did say that thin of Iowa City, Iowa; that the seal at the corporation, and that the by authority of its City Council passed by the City Council, on that Susan M. Horowitz and M be their voluntary act and d, voluntarily executed. · 1 9 , before me, in and for the State of Iowa, personally K. to me personally known, and, who, being the and City Clerk, respectively, of the City ioing instrument is the corporate seal of was signe¢ md sealed on behalf of the corporation, in ~ance) (Resolution) No. day of ,1 9 , and · ian K. Karr I the execution of the instrument to and the voluntary act deed of the corporation, by it Notary Public in and for tie,ate of Iowa ORDINANCENO. ORDINANCE AMENDING THE ZONING BY CONDITIONALLY CHANGING USE REGULATIONS OF 5.7 ACRES OF r LOCATED ON THE EAST SIDE OF DUB QUE OF DODGE RS-5, DENSITY OPDH- PLANNED DEVELOPMENT Applicant, the Cit, located east Dodge Street Family opment Housing WHEREAS, the the development of ~ higher than WHEREAS, vides that the reasonable con( request, over tions, in satisfy caused by uested due to develc of the sub the pu Owner, as legal and purchaser, have that approximately res of land Dubuque and north of RS-5, DensiW Single- Planned Devel- ~g will permit ;es at a density : RS-5 zoning allows; and re §414.5 (1995) pro- )wa City may impose Fanting the rezoning the existing regula- Jblic needs directly rage; and characteristics, ' will affect and welfare; due to such )merit of the subject arty requires consideration of such lg and safe- ~ssues as ensuring that the nulti-family nt has adeq~ ess and is , landscaped to mpatible in scale with the adjacent RS-5 zone nd WHEREAS, it is also necessary and )ri- ate to preserve to the extent the natural features of the site during said features being the cedar trees adjacent to Dubuque Road; and WHEREAS, Owner and Applicant ackn edge that certain conditions and restrictions ~ reasonable in order to ensure safe and approp[ ate development of the subject tract; and WHEREAS, the Owner and Applicant have agreed to develop this property in accordance with certain terms and conditions to ensure safe and appropriate development of the sub- ject tract; and WHEREAS, in accordance with the Compre- hensive Plan, the proposed rezoning will allow Ordinance No. Page 2 development of affordable housing at a medium density in an area where public services and commercial development are available to serve h housing. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, THAT: ON I. APPROVAL. Subject to ~ditions of the Conditional Zoning Agr merit authorized by Iowa Code ~4' (1995), copy of which is incor ~d by reference herein, the described is conditionally from its nt classification of RS-.~ ) OPDH- 8: South ; cres of the West of the Northwest of Sectira Township 79 North, 9 6West of P.M. Also Commencing hwest corner of the southeast the northwest quarter of Secti, ip 79 North, Range 6 West of ith P.M., thence east 40 rods; thence 8 rods; thence west 40 rods; )n the quarter section line to the place Also, a tract legal ~d as: All lot 2 Rico~ s Sub. N.E. ~ S.W. ~A Sec. 2-79-61 ihway//261 1 .A. & PT Lot 3 of Hwy. St. R/W, and a parcel of I~ ~A SW ¥4 of Section R6W P.M., City of Iow~ Johnson Cour Iowa, as n Right-of-Way Plat, "a" at- tachE hereto and by reference ~de a part II. ZONING MAP. Upon ~al pas- sag( approval and publication of Ordi- nate as provided by law, the Building is/hereby authorized and directed to char ~ the z//oning map of the City of Iowa City, Io ~to /conform to this zoning amendment. \ /SECTION IlL CONDITIONAL ZONING A :IE~ MENT. Following final passage and appr al of this Ordinance, the Mayor is hereby authorized and directed to sign, and the CiW Clerk to attest, the Conditional Zoning Agreement between the property owners, applicants and the City. Further, upon certification by the City Manager or Designee that all conditions con- rained in the Conditional Zoning Agreement have been complied with and satisfied, the Mayor is hereby authorized and directed to Ordinance No. 3 all ING. nance, ~g and the City Clerk to attest, a release of placed upon the property by of the Conditional Zoning Agreement, a , of which shall be recorded in the the Johnson County Recorder at 's expense. IV. CERTIFICATION AND passage and approval of thi,, after execution of the the City Clerk ' of this Ordinance the Conditional Zor Agree- ment for in the the Re- corder, County, at the Applicant's se, all as by law. SECTION V. RE EALER. ,rdinances and parts of in confli~ the provi- sions of this maled. SECTION VI. If any section, provision or part of Ordinance shall be adjudged to be invalid, nconstitutional, such adjudication shall not the validity of the Ordinance as a whole ' section, provision or part thereof not ac J invalid or unconsti- tutional. SECTION VII. EF This Ordi- nance shall be i~ its final passage, approval and p[ cation, by law. Passed and )roved this MAYOR ATTEST: CLERK ~ CONDITIONAL ZONING AGREEMENT THIS AGR,E, EML.N,T t~ made between the City of Iowa City, Iowa, a Municipal Corporation (hereafter City ), Ch~arles W. Ruppert and Marie E. Ruppert, husb,a, nd and wife, and Mary Alice Hitchcock and L~e Hitchcock, hu,,sband an,d,, wife, (hereafter Owner"), a~d Saratoga Springs Limited Partne~,~ip (hereafter Applicant ). WHEREAS, Owner, as leg'~ title holder, and Applicant, as purchaser, have r~uquested that the City rezone. approximately .7 acres of land located east of Dubuque Road/~ind north of Dodge Street from RS-5, Low De ty Single-Family Residential, to OPDH-8, P/tanned Development Housing Overlay; and WHEREAS, the proposed rezo will permit the development of r~sidential uses at a density higher than the current RS-5 ng allows; and WHEREAS, Iowa Code §414.5 195) provides that the~ity of Iowa City may impose reasonable conditions on the rezoning request, over and above the existing regulations, in order to satisfy public eeds directly ca,,~d by the requested zoning change; ~nt of the subject property will affect the and WHEREAS, due to certain public safety and welfare; and WHEREAS, due to such characteristics, consideration of such planning and safety is ment has adequate street access and is al scale with the adjacent RS-5 zone; andJ WHEREAS, it is also necessary and app/fopr. iate features of the site during construction, sai¢ to Dubuque Road. and J WHEREAS, Owner and A ~cknowledge that reasonable in order to ensure and appropriate Owner and City wish to enter i an agreement to conditions. ;nt of the subject property requires careful as ensuring that the multi-family develop- iately landscaped to make it compatible in ~rve to the extent possible the natural being the cedar trees located adjacent din conditions and restrictions are of the subject tract, and alize the agreed-upon terms and NOW, THEREFORE, in con,' ~tion of mutual promises cont ~ed herein, Owner, Applicant and City hereby agree as )ws: Mary Alice H~tcl" east side of follows: and Lee Hitchcock are the legal title Road, which properties are more Iders of properties on the ~rticularly described as Sout acres of the West Half of the Northwest ~rter of Section 2, 79 North, Range 6 West of the 5th P.M. Iso described as: at the southwest corner of the southeast q , northwest of Section 2, Township 79 North, Range 6 West of the 5th P.M., rice east 40 rods; thence north 8 rods; thence west 40 rods; thence south )n the quarter section line to the place of beginning. Charles W. Ruppert and Marie E. Ruppert are the legal title f properties on the east side of Dubuque Road, which properties are mor/e particularly described as follows: ~ ///~_ All lot 2 RJcords I~. Div. N.E. ¥4 S.W. ¥4 Sec. 2-79-6 Except U.S. Highway //261 1.A. & N. of Hwy. Ex. St. and a parcel of land located in the NE 'A SW '~ of ~ction 2, '['79N, the 5th P.M., City of Iowa City, Johnson County, low as shown on Ri, Plat, Exhibit "A" attached hereto and by made a part Owner, Applicant and City development of the subject development of the subject and safety issues as ensuring that access and is appropriately landscap RS-5 zone. Further, Owner, Applica and appropriate to preserve to th~ during construction, said knowlec that, due to certain characteristics, the public safety and welfare, and bites careful consideration of such planning ulti-family development has adequate street o make it compatible in scale with the adjacent and City also acknowledge that it is necessary :ent possible the natural features of the site the cedar trees located adjacent to Dubuque Road. , ~ In consideration of the C~ty s of t)~e subject property from RS-5 to OPDH-8, Owner and Applicant agree ~ developrdgnt and use of the subject property will conform to the approved OP~ plan and RS-~regulations, as applicable, as well as the following additional condi~b~ ~ a. In order to preserv/b to the extent possibl~the natural features of the site during construction, pri~r to development of the~oroperty, a tree protection plan will be submitted :he Cil y detailing the measures to be taken to protect the cedar trees located acent to Dubuque Road in ~,he area shown on the OPDH plan. The tree plan shall be approved\by the City Forester. I he tree protection p may identify trees to be removed to allow the construction of street, t~a the propose Saratoga Place. b. To ensur~ the multi-family developmen s adequate street access, Saratog~ the street proposed within rezont~d area, shall be constructed prior to issuance of a building permit for e~the~ the four-plex or eight-plex bu.lcn~ shown on the OPDH p,an. ~ c. Prior ~o the issuance of a building permit for any building shown on the OPDH plan,/a andscaping plan shall be submitted and app~'o~ed by the City Forester. Th~ ardscaping plan shall be designed to minimize\the appearance of the ~n~le in scale between the proposed multi-family\developrnent and the acent single-family RS-5 zone across Saratoga.P. lace~ The ' and Applicant acknowledge that the conditions d~ntained herein are rea,, conditions to impose on land under Iowa Code §414~,.5 (1995), and that sai satisfy the public safety needs as well as the publi~,'s aesthetic needs :y resulting from the requested zoning change and proposed ~l~evelopment. 3 The Owner and Applicant acknowledge that in the event the subject ,~roperty is transferred, sold, redeveloped, or subdivided, all redevelopment will conf)~rm with the terms of this Conditional Zoning Agreement. / The Parties acknowledge~that this Conditional Zoning Agreement s~all be deemed to be a covenant running wi~h the land and with title to the land, an/d'shall remain in full force and effect as a cover~ant running with the title to the land u~less or until released by record of the City. The I~ :ies further acknowledge that thi~ agreement shall inure to the benefit of and bind all\ ~ccessors, representatives and/~ssignees of the Parties. Further, upon certification b the City Manager or Design/de that all conditions con- tained in the Conditional Zon. ] Agreement have been cord'plied with and satisfied, the Mayor is hereby authorized c I directed to sign, and the/~ity Clerk to attest, a release of all conditions placed up the property by rea.~bn otf eh Conditional Zoning Agreement, a certified copy ~hich shall be recorded in the Office of the Johnson County Recorder at the A 's expense. Owner and Applicant acknowled shall be construed to relieve applicable local, state and federal Iwner this Conditional Zoning Agreement Applicant from complying with all The Parties agree that this Conditiom reference into the Ordinance rezoning publication of the ordinance, the Iowa the Johnson Countv Recorder's Office Agreement shall be incorporated by iect property; and that upon adoption and City Clerk shall record this Agreement in ;ity expense. Dated this day of 1995. OWNER BY:charles W. Ruppert / By: By. Marie E. Ruppert / By: Lee SARATOGA SPRINGS LIMI~D PARTNERSHIP By: Charles Eastham, Pr/~dent By: Alice Hitchcock Robert P. Burns 4 CITY OF IOWA CITY By: Susan M. Horowitz, Mayor Approved by: Attest: fice Marian K. Karr, City ~rk STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of Notary Public in and for said County, and Marie E. Ruppert, to me known to the within and foregoing instrument, voluntary act and deed. ,19 said State, the identical i cknowledged , befor~ the undersigned, a y Charles W. Ruppert in and who executed ,~y executed the same as their STATE OF ) ) ss: COUNTY ) On this day of Notary Public in and for said County, and Lee Hitchcock, to me known to within and foregoing instrument voluntary act and deed. State acknowledged in and for, the State of Iowa , before me, the undersigned, a ,nally appeared Mary Alice Hitchcock ~ns named in and who executed the they executed the same as their Notary Public in State of iowa 5 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this__ day of and for the State of Iow~ personally known, who bei of the instrument was sig~ partner acknowledged t partnership by it, and by ,19 ., before me, the undersigned, a Notary Public in appeared , to me by me duly sworn, did say that the person is one of the partners , an Iowa General/Limited Partnership, and that ehalf of the partnership by authority of the partners; and the :ion of the instrument to be the voluntary act and deed of the ~er voluntarily executed. Notary Public for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , a Notary Public appeared Susan M. Horowitz and Marian K. Kar by me duly sworn, did say that they are the of Iowa City, Iowa; that the seal affixed to th, the corporation, and that the instrument was by authority of its City Council, as contain( passed by the City Council, on the that Susan M. Horowitz and Marian K. Karr be their voluntary act and deed and the voluntarily executed. ned in day of 19 , before me, and for the State of Iowa, personally me personally known, and, who, being 3nd City Clerk, respectively, of the City lg instrument is the corporate seal of sealed on behalf of the corporation, (Resolution) No. , 1 9 , and execution of the instrument to act and ~ed of the corporation, by it Notary Public in and for the ate of Iowa