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HomeMy WebLinkAbout1999-05-18 OrdinancePrepared by: Robed Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 99-3880 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING THE PLANNED DEVELOPMENT HOUSING (OPDH-12) PRELIMANARY PLAN FOR SILVERCREST LOCATED ON 21.53 ACRES OF LAND AT THE SOUTHEAST CORNER OF SCOTT BOULEVARD AND AMERICAN LEGION ROAD. WHEREAS, The City of Iowa City Council has approved a Planned Development Overlay (OPDH-12) preliminary plan for Silvercrest, a retirement community including a 68-unit assisted living apartment building, a 120-unit independent living apartment building, a 60-unit medical rehabilitation center and a medical office building; and WHEREAS, the applicant, Silvercrest-Iowa City, L.P., has requested the City amend the preliminary OPDH plan to reconfigure the independent living apartment building and the rehabilitation center; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed amendments to the OPDH plan and has recommended approval of the same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. The amended preliminary OPDH plan for the property described below is hereby approved: Commencing at the West Quarter corner of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian; thence Southeasterly 49.82 feet along the Centerline of American Legion Road 49.82 feet on a 22,920.00 foot radius curve, Concave Southwesterly, whose 49.82 foot chord bears S89°42'52"E, to the Point of Beginning; thence continuing 188.83 feet along said Centerline on a 22920.00 foot radius curve, Concave Southwesterly, whose 188.83 foot chord bears S89°24'58"E, thence S89°10'48"E along said Centerline 672.96 feet to its intersection with the Northerly Ordinance No. 99-3880 Page 2 projection of the West Line of lot 1, of Church of Christ Subdivision, in accordance with the Plat thereof Recorded in Plat Book 30 at page 280, of the records of the Johnson County Recorder's Office; Thence S00°00'39"W along said Projection and West Line, and the southerly Projection thereof, 1,082.99 feet, to the Northeasterly Corner of Lot 1 of Bob &" Erma's Subdivision, in accordance with the Plat thereof Recorded in Plat Book 33, at page 344, of the Records of the Johnson County Recorder's Office; Thence S89°58'02"W, along the North Line of said Lot 1, a distance of 859.91 feet, to the Northwest Corner thereof, and a Point on the Eastedy Right of Way Line of Scott Boulevard; Thence N00°05'00"W, along said Easterly Right of Way Line, 1,095.04 feet to the Point of Beginning. Said tract of land contains 21.53 acres, more or' less, and is subject to easements and restrictions of record. SECTION II. VARIATIONS. To encourage the development of the proposed retirement community and to allow clustered development, the Planning and Zoning Commission recommended approval of multi- family buildings, a medical office building, and a rehabilitation center in accordance with the amended OPDH plan. SECTION III. ZONING MAP. Upon final passage, approval and publication of this Ordinance 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 IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 unconstitutional. 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 :]-8th day of Ordinance No. 99-3880 Pa~e 3 ATTEST:CiTy'~E.,,.~K,,~ .) A~ro ppdadmin/ord/scott.doc Ordinance No. Page 4 99-3880 It was moved by Vanderhoef and seconded by O~inance as read be adopted, and upon rollcalltherewere: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thomberry X Vanderhoef Thornberry that the First Consideration 5/4/99 Vote for passage:AYES: Kubby, Lehman, Norton, 0'Donnell ,Thornberry, Vanderhoef, Champion. NAYS: None. ABSENT: NOne. Second Consideration Vote for passage: Date published 5/26/99 Moved by Vanderhoef, seconded by Thornberry, 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 upon for final passage at this time. AYES: Lehman, Norton, O'Donnell, Thornberry, Vanderhoef,Champion, Kubby. NAYS: None. ABSENT: None. Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA §;~240; 319-356-5243 ORDINANCE NO. 99-3881. ORDINANCE AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE ZONING REGULATIONS OF APPROXIMATELY 14.83 ACRES LOCATED EAST OF SCO'I'I' BOULEVARD AT WASHINGTON STREET FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS- 8), LOW DENSITY MULTI-FAMILY RESIDENTIAL (RM-12), AND COUNTY SUBURBAN RESIDENTIAL (RS) TO PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH- 8; 8.37 ACRES), LOW DENSITY SINGLE- FAMILY RESIDENTIAL (RS-5; 5.63 ACRES), AND LOW DENSITY MULTI-FAMILY RESIDENTIAL (RM-12; .83 ACRES), AND APPROVING A PRELIMINARY OPDH PLAN TO ALLOW A 72-UNIT ELDER HOUSING DEVELOPMENT ON AN 8.16 ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF SCOTT BOULEVARD AND WASHINGTON STREET EXTENDED. WHEREAS, the applicant, Plum Grove Acres, is owner and legal title holder of approximately 14.83 acres of property located east of Scott Boulevard at Washington Street; and WHEREAS, the applicant has requested the voluntary annexation of approximately 10.3 acres located east of Scott Boulevard at Washington Street, the rezoning of approximately 14.83 acres from Medium Density Single-Family Residential (RS-8), Low Density Multi-Family Residential (RM-12), and County Suburban Residential (RS) to Planned Development Housing Overlay (OPDH-8; 8.37 acres), Low Density Single-Family Residential (RS-5; 5.63 acres), and Low Density Multi- Family Residential (RM-12; .83 acres), and approval of a preliminary OPDH plan to allow a 72-unit eider housing development on an 8.16 acre parcel located at the northeast corner of Scott Boulevard and Washington Street extended; and WHEREAS, the proposed annexation has been approved by the City; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions ensuring adequate pedestrian circulation within the neighborhood and the protection of existing trees on the Ordinance No. 99-3881 Page 2 subject property, the proposed rezoning is in conformance with the Comprehensive Plan, and that the proposed preliminary OPDH plan is in technical compliance with all applicable provisions of the City Code; and WHEREAS, Iowa Code §414.5 (1997) provides that the City of Iowa City may impose,. reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the applicant acknowledges that certain conditions and restrictions are reasonable to ensure adequate pedestrian circulation in this neighborhood and to ensure' the protection of existing trees on the subject property; and WHEREAS, the applicant has agreed to use this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure that the above referenced neighborhood circulation and tree protection issues are addressed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated herein, the property described below is hereby reclassified as follows: a. The following property is hereby reclassified from its current designation of Medium Density Single-Family Residential (RS-8) and County Suburban Residential (RS) to Planned Development Housing Overlay (OPDH-8): Commencing at the Southwest Corner of the Southwest Quarter of Section 7, Township 79 North, Range5 West, of the Fifth Principal Meridian; Thence N00o53'02"W, along the West Line of Said Southwest Quatier, 2045.15 feet; Thence N89°06'58"E, 52.16 feet, to the POINT OF BEGINNING; Thence continuing N89°06'58"E, 537.69 feet; Thence S00°51'17"E, 414.99 feet; Thence S00o21'18"W, 435.47 feet; Thence Northwesterly, 267.72 feet, along a 300.00 foot radius curve, concave Southwesterly, whose 258.92 foot chord bears N87°49"09"W; Thence S66o36'56"W, 20.00 feet, to a Point on the Easterly Right-of-Way of Scott Boulevard; Thence N23o23'04"W, along said Easterly Right-of-Way Line, 345.93 feet; Thence Northwesterly, 540.44 feet, along said Easterly Right-of-Way Line, on a 1587.02 foot radius curve, concave Northeasterly, whose 537.83 foot chord bears N13o37'44'NV, to the Point of Beginning. Said Rezoning Parcel contains 8.37 Ordinance No. 99-3881 Page 3 acres, more or less, and is subject to easements and restrictions of record. b. The following property is hereby reclassified from its current designation of County Suburban Residential (RS) to Low Density Single-Family Residential (RS-5): Commencing at the Southwest Corner of the Southwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N00°53'02"W, along the West Line of Said Southwest Quarter, 2045.15 feet; Thence N89°06'58"E, 589.85 feet, to the POINT OF BEGINNING; Thence continuing N89°06'58"E, 179.84 feet; Thence S00°51'17"E, 110.00 feet; Thence S01°00'12"E, 280.00 feet; Thence S00°21'18"W, 530.00 feet; Thence S89°06'58"W, 307.15 feet; Thence S00°39'55"E, 225.14 feet; Thence S89°14'45"W, 357.75 feet; Thence N00°54'07"W, 77.66 feet; Thence Northwesterly, 262.89 feet, along a 247.47 foot radius curve, concave Southwesterly, whose 250.70 foot chord bears N31°20'06"W; Thence N00°21'18"E, 435.53 feet; Thence N00°51'17"W, 414.99 feet, to the Point of Beginning. Said Rezoning Parcel contains 5.63 acres, more or less, and is subject to easements and restrictions of record. c. The following property is hereby reclassified from its current designation of County Suburban Residential (RS) to Low Density Multi-Family Residential (RM-12): Commencing at the Southwest Corner of the Southwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N00°53'02"W, along the West Line of Said Southwest Quarter, 2045.15 feet; Thence N89°06'58"E, 589.85 feet; Thence S00°51 '17"E, 414.99 feet; Thence S00°21 '18"W, 435.53 feet; Thence Southeasterly, 107.44 feet, along a 247.47 foot radius curve, concave Southwesterly, whose 106.60 foot chord bears S49°19'51"E, to the Point of Beginning; Thence continuing 80utheasterly, 155.45 feet, along a 247.47 foot radius curve, concave Southwesterly, whose 152.91 foot chord bears S18°53'51"E; Thence S00°54'07"E, 77.66 feet; Thence S89°14'45"W, 47.31 feet; Thence N00°53'02"W, 222.97 feet , to the Point of Beginning. Said Rezoning Parcel contains 0.19 acres, more or less, and is subject to easements and restrictions of record. d. The following property is hereby reclassified from its current designation of Medium Density Single-Family Residential (RS-8) to Low Density Multi-Family Residential (RM-12): Commencing at the Southwest Corner of the Southwest Quarter of Section 7, Township Ordinance No. 99-3881 Page 4 79 North, Range 5 We~t, of the Fifth Principal Meridian; Thence N00°53'02"W, along the West Line of Said Southwest Quarter, 2045.15 feet; Thence N89°06'58"E, 589.85 feet; Thence S00°51'17"E, 414.99 feet; Thence S00°21'18"W, 435.53 feet, to the Point of Beginning; Thence Southeasterly, 104.67 feet, along a 247.47 foot radius curve, concave Southwesterly, whose 103.89 foot chord bears S49°39'05"E; Thence S89°06'58"W, 324.21 feet; Thence N23023'04"W, 80.88 feet; Thence N66°36'56"E, 20.00 feet; Thence Southeasterly, 255.88 feet, along a 300.00 foot radius curve, concave Southwesterly, whose 248.19 foot chord bears S88°56'59"E; Thence Southeasterly, 11.86 feet, along a 247.47 foot radius curve, concave Southwesterly, whose 11.86 foot chord bears S63°08'30"E, to the Point of Beginning. Said Rezoning Parcel contains 0.64 acres, more or less, and is subject to easements and restrictions of record. SECTION II. VARIATIONS. The following variation from the requirements of the RS-8 zone has been approved as part of the preliminary OPDH plan: The development of two 37-unit eider apartment buildings in lieu of the requirement for single-family detached or duplex residences. SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map 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 IV. CONDITIONAL ZONING AGREEMENT. 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 V. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, 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 Agreement and to record the same at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION VI. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION VII. SEVERABILITY. If any section, provision or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance No. 99-3881 Page 5 ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VIII. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this l_Sthday of C L C~'sc~ ~- 2 I:~cladmiNo~d/scotblvd.doc Ordinance No. 99-3881 Page 6 It was moved by Thornberry and seconded by Ordinance as read be adopted, and upon rollcalltherewere: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef Vanderhoef that the Fimt Consideration 5/4/99 Votefor passage: AYES: Thornberry, Vanderhoef, Champion, Kubby, Lehman, Norton, 0'Donnell. NAYS: None. ABSENT: None. Second Consideration ................. Vote for passage: Date published 5/26/99 Moved byThornberry, seconded by Vanderhoef, 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 upon for final passage at this time. AYES: Vanderhoef, Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry. NAYS: None. ABSENT: None. Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319/356-5243 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and Plum Grove Acres, an Iowa Limited Partnership. WHEREAS, the applicant, Plum Grove Acres, is owner and legal title holder of approximately 14.83 acres of property located east of Scott Boulevard at Washington Street; and WHEREAS, the applicant has requested the voluntary annexation of approximately 10.3 acres located east of Scott Boulevard at Washington Street, the rezoning of approximately 14.83 acres from Medium Density Single-Family Residential (RS-8), Low Density Multi-Family Residential (RM-12), and County Suburban Residential (RS)to Planned Development Housing Overlay (OPDH-8; 8.37 acres), Low Density Single-Family Residential (RS-5; 5.63 acres), and Low Density Multi-Family Residential (RM-12; .83 acres), and approval of a preliminary OPDH plan to allow a 72-unit eider housing development on an 8.16 acre parcel located at the northeast corner of Scott Boulevard and Washington Street extended; and WHEREAS, the proposed annexation has been approved by the City; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions ensuring adequate pedestrian circulation within the neighborhood and the protection of existing trees on the subject property, the proposed rezoning is in conformance with the Comprehensive Plan, and that the proposed preliminary OPDH plan is in technical compliance with all applicable provisions of the City Code; and WHEREAS, Iowa Code 414.5 (1997) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the applicant acknowledges that certain conditions and restrictions are reasonable to ensure adequate pedestrian circulation in this neighborhood and to ensure the protection of existing trees on the subject property; and WHEREAS, the applicant has agreed to use this property in accordance with the terms and conditions of this Conditional Zoning Agreement to ensure that the above referenced neighborhood circulation and tree protection issues are addressed. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: Plum Grove Acres is the property owner and legal title holder of property located east of Scott Boulevard at Washington Street, which property is more particularly described as follows: 2 OPDH-8 Parcel: Commencing at the Southwest Corner of the Southwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N00°53'02"W, along the West Line of Said Southwest Quarter, 2045.15 feet; Thence N89°06'58"E, 52.16 feet, to the POINT OF BEGINNING; Thence continuing N89°06'58E'', "537.69 feet; Thence S00°51'17"E, 414.99 feet; Thence S00°21'18"W, 435.47 feet; Thence Northwesterly, 267.72 feet, along a 300.00 foot radius curve, concave Southwesterly, whose 258.92 foot chord bears N87°49"09"W; Thence S66°36'56"W, 20.00 feet, to a Point on the Easterly Right-of- Way of Scott Boulevard; Thence N23°23'04"W, along said Easterly Right-of-Way Line, 345.93 feet; Thence Northwesterly, 540.44 feet, along said Easterly Right-of-Way Line, on a 1587.02 foot radius curve, concave Northeasterly, whose 537.83 foot chord bears N13°37'44"W, to the Point of Beginning. Said Rezoning Parcel contains 8.37 acres, more or less, and is subject to easements and restrictions of record. RS-5 Parcel: Commencing at the Southwest Corner of the Southwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N00°53'02"W, along the West Line of Said Southwest Quarter, 2045.15 feet; Thence N89°06'58"E, 589.85 feet, to the POINT OF BEGINNING; Thence continuing N89°06'58"E, 179.84 feet; Thence S00°51'17"E, 110.00 feet; Thence S01°00'12"E, 280.00 feet; Thence S00°21'18"W, 530.00 feet; Thence S89°06'58"W, 307.15 feet; Thence S00°39'55"E, 225.14 feet; Thence S89~14'45"W, 357.75 feet; Thence N00°54'07"W, 77.66 feet; Thence Northwesterly, 262.89 feet, along a 247.47 foot radius curve, concave Southwesterly, whose 250.70 foot chord bears N31°20'06"W; Thence N00°21'18"E, 435.53 feet; Thence N00°51'17"W, 414.99 feet, to the Point of Beginning. Said Rezoning Parcel contains 5.63 acres, more or less, and is subject to easements and restrictions of record. RM-12 Parcel I: Commencing at the Southwest Corner of the Southwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N00°53'02"W, along the West Line of Said Southwest Quarter, 2045.15 feet; Thence N89°06'58"E, 589.85 feet; Thence S00°51 '17"E, 414.99 feet; Thence S00°21'18"W, 435.53 feet; Thence Southeasterly, 107.44 feet, along a 247.47 foot radius curve, concave Southwesterly, whose 106.60 foot chord bears S49°19'51"E, to the Point of Beginning; Thence continuing Southeasterly, 155.45 feet, along a 247.47 foot radius curve, concave Southwesterly, whose 152.91 foot chord bears S18053'51"E; Thence S00°54'07"E, 77.66 feet; Thence S89°14'45"W, 47.31 feet; Thence N00°53'02"W, 222.97 feet, to the Point of Beginning. Said Rezoning Parcel contains 0.19 acres, more or less, and is subject to easements and restrictions of record. RM-12 Parcel I1: Commencing at the Southwest Corner of the Southwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N00°53'02"W, along the West Line of Said Southwest Quarter, 2045.15 feet; Thence N89°06'58"E, 589.85 feet; Thence S00°51'17"E, 414.99 feet; Thence S00°21'18"W, 435.53 feet, to the Point of Beginning; Thence Southeasterly, 104.67 feet, along a 247.47 foot radius curve, concave Southwesterly, whose 103.89 foot chord bears S49°39'05"E; Thence S89°06'58"W, 324.21 feet; Thence N23°23'04"W, 80.88 feet; Thence N66°36'56"E, 20.00 feet; Thence Southeasterly, 255.88 feet, along a 300.00 foot radius curve, concave Southwesterly, whose 248.19 foot chord bears S88°56'59"E; Thence Southeasterly, 11.86 feet, along a 247.47 foot radius curve, concave Southwesterly, whose 11.86 foot chord bears S63°08'30"E, to the Point of Beginning. Said Rezoning Parcel contains 0.64 acres, more or less, and is subject to easements and restrictions of record. Applicant acknowledges that the City wishes to ensure appropriate planned development that will not negatively impact the surrounding residential neighborhood, and to ensure the protection of existing trees on the property. Further, the parties acknowledge that Iowa Code §414.5 (1997) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs directly caused by the requested change. Therefore, Applicant agrees to certain conditions over and above City regulations as detailed below. In consideration of the City's rezoning the subject property with variations to the requirements of the underlying zone, the Applicant agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: The Applicant shall dedicate a 25-foot wide right-of-way or pedestrian walkway/trail easement on the portion of the subject property located east of Scott Park Drive Extended, to provide for a future trail connection to the adjacent parcel to the east. The approximate location of this right-of-way or pedestrian walkway/trail easement shall be determined prior to the approval of a preliminary plat for this property or any other development activities occurring on the site, and shall be accompanied by the dedication of temporary construction easements as determined to be necessary for the construction of said trail. Dedication of the right-of-way and/or above-mentioned easements shall occur along with the approval of a final plat for this area, or prior to the issuance of a building permit for any development activity on the portion of the subject property located east of Scott Park Drive Extended, whichever is requested first. Applicant acknowledges that this dedication is necessary to facilitate the establishment of neighborhood infrastructure by providing for adequate pedestrian circulation in the area, and shall not in any way fulfill or reduce the neighborhood open space requirements for the subject property. The Applicant shall provide a tree protection plan for City review and approval prior to the approval of a preliminary plat or issuance of a building permit for the portion of the subject property lying east of Scott Park Drive Extended, whichever is first requested. The Applicant acknowledges that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (1997), and that said conditions satisfy public needs which are directly caused by the requested zoning change. The Applicant acknowledges 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 assigns of the Parties. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Applicant from complying with all applicable local, state and federal regulations. 8. 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, this Agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. "t~L Dated this / ~ ' day of "r~cz.c~ ,1999..- PLUM GROVE ACRES , Bruce Glasgow By: ~yd~<~-~ STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this / % day of ~'F~ Attest: CITY OF IOWA CITY '2~Marian K. Karr , 19 cZ'~2 before me, , a Notary Public in and for th'e State of Iowa, personally appeared Ernest W. Lehman and Madan 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 (Ordinance) (Resolution,) No. ?,2- _~?,~',~ passed by the City Council, on the /E '~' day of ~7--r'Lr~e , 19 c/] and that Ernest W. Lehman and Madan K. Karr acknowledged th ecution of the instrument t'o 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 My commission expires: 5 STATE OF IOWA ) JOHNSON COUNTY ) On this ,'~)'/-/( day of 3~u r-{' [ , 19 ?~, before me, the undersigned, a Notary Public in and for said C nty, in said State, personally appeared Bruce Glasgow, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. My Commission Expirel May 14, 2002 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 3 r'Z' day of ou,/C/n~Z , 19 ?;~ , before me, the undersigned, a Notary Public in and for said C in said State, personally appeared Frank Boyd, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his volunta~~,,~dj My Commission Expires May 14, 2002 ppdadmin%agt~plumgrove ,doc Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 99-3882 AN ORDINANCE REPEALING SECTION 1-9-2 OF THE CITY CODE ENTITLED "LIMITATION ON CAMPAIGN CONTRIBUTIONS" WHEREAS, the City Attorney has advised that Section 1-9-2 of the City Code entitled "Limitations on Campaign Contributions," which limits individual contributions to candidates and their committees and committees opposing or supporting a ballot issue to $50 per election will not withstand constitutional challenge. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I.: REPEAL. Section 1-9-2 of the City Code is hereby repealed. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. 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 IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 18th day of ,1999. CI~CLERK ' City Attorney's Office Ordinance No. 99-3882 Page 2 It was moved by Van:derhoef and seconded by Norton that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef First Consideration 5/4/99 Vote for passage: AYES: Vanderhoef, Champion, Kubby, Lehman, Norton, O'Donnell ,Thornberry. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 5/26/99 Moved by Vanderhoef, seconded by Norton, that the rule requiring ordinances to~onsidered and voted on. for passage e~a~cam~ord.d~ 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 upon for final passage at this time. AYES: Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion. NAYS: None. ABSENT: None.