HomeMy WebLinkAbout1999-10-12 OrdinancePrepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243
ORDINANCE NO. 99-3903
ORDINANCE AMENDING THE ZONING
CHAPTER BY CONDITIONALLY CHANGING
THE ZONING REGULATIONS OF
APPROXIMATELY 7.72 ACRES FROM
MEDIUM DENSITY SINGLE-FAMILY
RESIDENTIAL (RS-8), TO PLANNED
DEVELOPMENT HOUSING OVERLAY (OPDH-
8), AND APPROVING A PRELIMINARY OPDH
PLAN FOR 24 TOWNHOUSE-STYLE
DWELLING UNITS FOR PROPERTY LOCATED
AT THE NORTHEAST CORNER OF
BARRINGTON ROAD AND HUNTINGTON
DRIVE.
WHEREAS, the applicant, Arlington, L.C., is
owner and legal title holder of approximately
7.72 acres of property located at the northeast
corner of Barrington Road and Huntington Drive;
and
WHEREAS, the applicant has requested the
rezoning of approximately 7.72 acres from
Medium Density Single-Family Residential (RS-
8), to Planned Development Housing Overlay
(OPDH-8), and approval of a preliminary OPDH
plan to allow 24 townhouse-style dwelling units
for property located at the corner of Barrington
Road and Huntington Drive; and
WHEREAS, the Planning and Zoning
Commission has determined that, with
appropriate conditions ensuring the
establishment of a direct means of access from
the property to Court Street and proper timing of
the development of proposed open space, 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 (1999)
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 the establishment of direct
access to Court Street and the proper timing of
the development of open space; and
Ordinance No. 99-3903
Page 2
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 access and
open space development issues .directly caused
by the requested rezoning 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 from its current designation of
Medium Density Single-Family Residential
(RS-8) to Planned Development Housing
Overlay (OPDH-8):
COMMENCING AT THE NORTHEAST
CORNER OF THE NORTHEAST QUARTER OF
SECTION 18, TOWNSHIP 79 NORTH, RANGE
5 WEST OF THE 5th P.M. IOWA CITY,
JOHNSON COUNTY, IOWA, THENCE
S00°23'59"E, ALONG THE EAST LINE OF SAID
NORTHEAST QUARTER 471.36 FEET, TO
THE POINT OF BEGINNING; THENCE
CONTINUING S00°23'59"E, ALONG SAID LINE,
205.09 FEET; THENCE S89041'12"W, 558.36
FEET, THENCE S52007'00"W, 127.02 FEET;
THENCE NORTHWESTERLY, 209.39 FEET,
ALONG A 863.72 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE
208.88 FOOT CHORD BEARS N44°49'43"W;
THENCE NORTHWESTERLY 39.00 FEET,
ALONG A 25.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, WHOSE 35.16
FOOT CHORD BEARS N07°05'03"W; THENCE
N37°36'20"E, 29.87 FEET; THENCE
NORTHEASTERLY 353.02 FEET, ALONG A
549.20 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY, WHOSE 346.97 FOOT
CHORD BEARS N22°10'21 "E; THENCE
N03°45'29"E, 93.00 FEET; THENCE
N89°02'11 "E, 361.67 FEET; THENCE
S00°23'59"E, 320.27 FEET; THENCE
N89°41'12"E, 307.67 FEET, TO THE POINT OF
BEGINNING. SAID TRACT OF LAND
CONTAINS 6.61 ACRES AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF
RECORD.
SECTION II. VARIATION. The following
variation from the requirements of the RS-8 zone
has been approved as part of the preliminary
OPDH plan:
a. The development of six 4-unit townhouse-
style residential buildings in lieu of the
requirement for single-family detached or duplex
residences.
SECTION III. ZONING MAP. The Building
Ordinance No. 99-3903
Page 3
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 7ONING
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 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 12th day of
CI
· p!ovc~by.
ppdadmin/ordtoarrhunt.doc
Ordinance No. 99-3903
Page 4
It was moved by Norton and seconded by
O~inanceasread be adopted, and upon rollcallthem were:
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
O' Donnel 1 that the
First Consideration 9/14/99
Vote for passage: AYES: O'Donne]], Thornberry, Vanderhoef, Champion,
Kubby, Lehman, NOrton. NAYS: None. ABSENT: None,
Second Considemtion
Voter or passage: AYES: Kubby,
Vanderhoef, Champion. NAYS: None.
Date published 10/20/99
Lehman, Norton, O'Donnell, Thornberry,
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
(hereina~er "City") and Arlington, L.C., an Iowa Limited Partnership.
WHEREAS, the applicant, Arlington, L.C., is owner and legal title holder of approximately 7.72 acres of
property located at the northeast corner of Barrington Road and Huntington Drive; and
WHEREAS, the applicant has requested the rezoning of approximately 7.72 acres from Medium Density
Single-Family Residential (RS-8), to Planned Development Housing Overlay (OPDH-8), and approval of a
preliminary OPDH plan to allow 24 townhouse-style dwelling units for property located at the corner of
Barrington Road and Huntington Drive; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions
ensuring the establishment of a direct means of access from the property to Court Street and proper
timing of the development of proposed open space, 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 (1999) 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
the establishment of direct access to Court Street and the proper timing of the development of open
space; 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 access and open space
development issues directly caused by the requested rezoning are addressed.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows:
1. Arlington, L.C., is the property owner and legal title holder of property located at the northeast corner
of Barrington Road and Huntington Drive, which property is more particularly described as follows:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF
SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5th P.M. IOWA CITY,
JOHNSON COUNTY, IOWA, THENCE S00°23'59"E, ALONG THE EAST LINE OF SAID
NORTHEAST QUARTER 471.36 FEET, TO THE POINT OF BEGINNING; THENCE
CONTINUING S00°23'59"E, ALONG SAID LINE, 205.09 FEET; THENCE S89°41'12"W,
558.36 FEET, THENCE S52°07'00"W, 127.02 FEET; THENCE NORTHWESTERLY, 209.39
FEET, ALONG A 863.72 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE
208.88 FOOT CHORD BEARS N44°49'43"W; THENCE NORTHWESTERLY 39.00 FEET,
ALONG A 25.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 35.16
FOOT CHORD BEARS NO7°O5'O3"W; THENCE N37°36'20"E, 29.87 FEET; THENCE
NORTHEASTERLY 353.02 FEET, ALONG A 549.20 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY, WHOSE 346.97 FOOT CHORD BEARS N22°10'21 "E; THENCE
NO3°45'29"E, 93.00 FEET; THENCE N89°02'11"E, 361.67 FEET; THENCE S00°23'59"E,
320.27 FEET; THENCE N89°41'12"E, 307.67 FEET, TO THE POINT OF BEGINNING. SAID
2
TRACT OF LAND CONTAINS 6.61 ACRES AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
Applicant acknowledges that the City wishes to ensure the provision of adequate arterial street access
to the property and the timely development of proposed open space. Further, the parties acknowledge
that Iowa Code §414.5 (1999) 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:
a. Applicant agrees and acknowledges that prior to the issuance of a building permit for any
residential dwelling on the subject property, both Court Street and Huntington Drive shall be
extended and paused to their intersection, and all such improvements shall be opoened to the
public and accepted by the City, thereby providing a direct means of access from the subject
property to Court Street; and
b. Applicant agrees and acknowledges that no building permit for any of the final 12 dwelling units on
the subject property shall be issued by the City until such time as the proposed park on Outlot O
is fully developed in accordance with the approved final Planned Development Housing Overlay
plan for the subject property.
The Applicant acknowledges that the conditions contained herein are reasonable conditions to impose
on the land under Iowa Code §414.5 (1999), 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.
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.
3
Dated this 12th day of October
,1999.
ARLINGTON, L.C.
By: ~ G~a~atis
CITY OF IOWA CITY
Ernest W. Lehman, Mayor
~~,ohnMoreland
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this l Z- Hj day of
, a Notary Public in and for the 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) (P, osolution) No.
, qc ,
?:?- jSqO'~ passed by the City Council, onthe /L~' dayof [')c-t~-;~.~y- 19 7
and that Ernest W. Lehman and Madan K. Karr acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires: 3 '7 - -,P ~:,~:'~ :'
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 2,_9~, day of aid_i~te,~perso , i9 f'2', before me, the undersigned, a Notary Public
in and for said County, in s nally appeared Gary Watts, 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.
Notary Public in and for the State of Iowa
My commission expires:
4
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 2. ::.1 ,-a~ day of ~:2~,~ ,~-~ ,19"~ before me, the undersigned, a Notary Public
in and for said County, in said State ~e appeared Joh'n Moreland, to me known to be the identical
, p rsonally
persons named in and who executed the within and foregoing instrument, and acknowledged that he
executed the same as his voluntary act and deed.
~and for the State of Iowa
My commission expires: ~ l 3 t ~ ~,,.
ppdadmin~agt~barrhunt.doc
Prepared by: Madan Karr. 410 E. Washington Street, Iowa
City. IA 52240; 319-356-5041
ORDINANCE NO. 99-3904
AN ORDINANCE AMENDING TITLE 8,
POLICE, CHAPTER 6, ENTITLED "PERSONS
UNDER EIGHTEEN YEARS OF AGE",
SECTION1, ENTITLED "SALE TO AND/OR
POSSESSION OF TOBACCO PRODUCTS
AND CIGARETTES: UNDERAGE PERSONS",
SUBSECTION B, ENTITLED "EMPLOYEE
EDUCATION - CIGARETTE SALES", TO
ELIMINATE THE REQUIREMENT THAT
EMPLOYEES SIGN AN AFFIDAVIT AND ADD
A REQUIREMENT THAT BUSINESSES/
RETAILERS ENSURE THAT THEIR
EMPLOYEES ARE EDUCATED ABOUT THE
PROHIBITION ON SALES TO MINORS.
WHEREAS, the City Council of Iowa City find
that substantial scientific evidence exists that the
use of tobacco products cause cancer, heart
disease, and various other medical disorders;
and
WHEREAS, it is in the public interest to curb
distribution of cigarettes to minors; and
WHEREAS, state law prohibits sales of
cigarettes to minors, and this Council finds that
one method of curbing distribution to minors is to
educate employees who work at various retail
facilities that such sales to minors are illegal;
and
WHEREAS, the City Council wishes to
require businesses/retailers to be responsible for
employee education
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the
City of Iowa City, Iowa hereby amended by
deleting 8-6-1B(1) and (2), Employee Education
- Cigarette Sales, in its entirety and replacing
with the following:
1. All businesses/retailers, including vending
companies, selling, dispensing or dispersing
cigarettes under State law must read the Code
of Iowa, as amended, which prohibits the sale,
giving or otherwise supplying cigarettes to
persons under eighteen (18) years of age and
must read this Chapter and must also execute a
notarized business affidavit certifying they have
read these-provisions and understand their
obligation under Subsection 2 hereof to educate
their employees. All such business affidavits
must be on file with the City Clerk and updated
annually. Failure to comply with these provisions
Ordinance No. 99-3904
Page 2
shall be deemed a violation by the
business/retailer licensed by the State.
2. All businesses/retailers must ensure that
all employed persons involved in selling
cigarettes in a one-on-one transaction read the
Code of Iowa, as amended, which prohibits the
sale, giving or otherwise supplying cigarettes to
persons under eighteen (18) years of age and
read this Chapter. Failure to comply with these
provisions shall be deemed a violation by the
business/retailer licenses by the State.
SECTION II. This Ordinance shall be
effective after its passage, approval and
publication as required by law.
SECTION II1. All ordinances and parts of
ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV, If any section, provision or part
of Ordinance shall be adjudged to be invalid or
unconstitutional, the remaining portions shall be
deemed severable ad shall not be affected.
Passed and approved this 12th day of
Oct er ,199 .
CITY C'[..ERK
City Attomey's Office
cle~/ord/cigarett.doc
Ordinance No. 99-3904
Page 3
It was moved by Norton and seconded by
Ordinance asread be adopted, and upon rollcallthere were:
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
Vanderhoef
that the
First C~nsideration 9/28/99
Vote f or passage:AYES: O'Donnel], Thornberry, Vanderhoef,Champion,
Kubby,Lehman, Norton. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date pu6lished 10/20/99
Noved by Norton, 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: Kubby,
Lehman, O'Donnell, Thornberry, Vanderhoef, Champion, Lehman. NAYS: None.
ABSENT: None.
Prepared by Heather Shank, Human Rights Coordinator, 410 E. Washington, Iowa City, IA 52240; 319-356-5022
ORDINANCE NO. 99-3905
AN ORDINANCE AMENDING TITLE 2 OF THE
CITY CODE, THE HUMAN RIGHTS ORDINANCE
OF THE CITY OF IOWA CITY, IOWA, TO MAKE IT
SUBSTANTIALLY EQUIVALENT TO THE FAIR
HOUSING AMENDMENTS ACT OF 1989.
WHEREAS, in order to obtain funding from the
United States Department of Housing and Urban
Development (HUD) designated to facilitate
investigation of Housing discrimination claims, and
to investigate claims of housing discrimination in
Iowa City, it is necessary that the Iowa City Human
Rights Ordinance (ICHRO) be certified by HUD to be
substantially equivalent to the Fair Housing
Amendments Act of 1989 (FHAA);
WHEREAS, by Ordinance No. 97-3785, the City
of Iowa City amended the ICHRO in an effort to
make it substantially equivalent to the FHAA;
WHEREAS, the ICHRO has been reviewed by
HUD and HUD has determined that the ICHRO
requires additional changes in order for HUD to
certify it as substantially equivalent to the FHAA; and
WHEREAS, although HUD will not officially
determine that the ICHRO is substantially equivalent
to the FHAA until the ICHRO is actually amended by
ordinance, it is anticipated that the amendments to
the ICHRO made herein will make the ordinance
substantially equivalent to the Fair Housing
Amendments Act of 1989.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. Chapter 4 of Title 2 of the City
Code is hereby amended by:
a. Making the reference to Section 2-5-4 in Section
2-4-11 (G) be to Section 2-5-4(M).
SECTION II. Chapter 5 of Title 2 of the City
Code is hereby amended by:
a. Deleting the introductory paragraph in
Section 2-5-2 following "Exceptions:"
b. Adding to the beginning of subsection 2-5-
2(A) the following:
The following exemption is applicable to all
of Title II.
c. Adding to the beginning of subsection 2-5-
2(B) the following:
The following is exempt from the prohibitions
set forth in Section 2-5-1 with the exception
of the prohibition on discrimination in
advertising set forth in Section 2-5-1 (C).
d. Adding to the beginning of subsection 2-5-
2(C) the following:
Ordinance No.
Page 2
99-3905
The following exemption is applicable to all
of Title II.
e. Adding to the beginning of subsection 2-5-
2(D) the following:
The following exemption is applicable to all
of Title II.
f. Adding to the beginning of subsection 2-5-
2(E) the following:
The following is exempt from the prohibitions
set forth in Section 2-5-1 with the exception
of the prohibition on discrimination in
advertising set forth in Section 2-5-1 (C).
g. Deleting from Subsection 2-5-2(E) the
following:
"For the purposes of this exemption, "owner"
shall be defined as a person having at least
a fifty percent (50%) interest in the property."
h. Amending Subsection 2-5-3(E)(3) by
deleting the date "September 12, 1991" and
substituting, in lieu thereof, the date "March
13, 1991".
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 pad thereof not
adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage, approv-
al and publication, as provided by law.
Passed and approved this 12th day of
City Attorney's Office
civright\ord\humrght.doc
Ordinance No.
Page 3
99-3905
It was moved by Thornberry and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
No~on
O'Donnell
Thomberry
Vandeffioef
Champion that the
Fimt Considemtion q/14/gq
Vo~for passage: AYES: Kubby, Lehman, Norton, O'Donnell, Thornberry,
Vanderhoef, Champion. NAYS: None. ABSENT: None.
Second Consideration 9/28/99
Votefor passage: AYES: Vanderhoef, Champion, Kubby, Lehman,
Norton, O'Donne]], Thornberry. NAYS: None. ABSENT: None.
Date published 10/20/99