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HomeMy WebLinkAbout2000-05-02 Ordinance DEFEATED Prepared by: Melody Rockwell, Assoc. Planner, City of Iowa City, Iowa, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE USE REGULATIONS OF RM-12 ZONED PROPERTY LOCATED SOUTH OF BURLINGTON STREET ALONG THE 300 - 600 BLOCKS OF GOVERNOR STREET AND A PORTION OF THE 800 - 900 BLOCKS OF BOWERY STREET FROM RM-12, LOW DENSITY MULTI-FAMILY RESIDENTIAL, TO RS-8, MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL WHEREAS, the subject area is currently zoned RM-12, Low Density Multi-Family Residential; and WHEREAS, property owners in the area have requested that the City rezone the subject property to preserve the character and historical integrity of a portion of the neighborhood located south of Burlington Street and adjacent to the Summit Street Historic Preservation District; and WHEREAS, 75% of the properties in the subject area are developed with single-family homes or duplexes; and WHEREAS, 90% of the structures in the subject area were originally constructed as single-family homes; and WHEREAS, the predominant visual character of the subject area is one of a single-family neighborhood rather than a multi-family neighborhood; and WHEREAS, the Comprehensive Plan calls for the City to strive to preserve the identity and character of the community while guiding the creation of compatible new areas; and WHEREAS, the Comprehensive Plan acknowledges that older neighborhoods provide a mix of housing types, including rooming houses, apartments and single-family homes, and that the .Ci.ty is committed to preserving these diverse older neighborhoods; and WHEREAS, the Historic Preservation Plan, a component of the Comprehensive Plan, recognizes that there are areas in the City where the current zSning does not seem to support its goals to protect the character of older neighborhoods, and calls for reviewing and revising underlying zoning classifications for such areas; and WHEREAS, rezoning the subject area to RS-8 will stabilize the area by limiting the establishment of new multi-family residential uses and reducing the consequent potential for demolition of existing residential structures in the area. NOW, THEREFORE, BE IT ORDAINED BY DEFEATED Ordinance No. Page 2 THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its present classification of RM-12, Low Density Multi-Family Residential, to RS-8, Medium Density Single-Family Residential: An area containing Berryhill's Second Addition, Block 1, Lots 11 - 20; Berryhill's Second Addition, Block 2, Lots 1 - 10; Jerome's Addition, Lots H, I, J (east 31.2 feet), P, Q, R, T, U, V & W (west 41.5 feet); lots encompassed on property bound as follows: commencing at the northeast comer of Berryhill's Second Addition. Block 1, Lot 20, north 88 feet along the west right-of-way line of Governor Street. west 160 feet, south 88 feet and east 160 feet to the point of beginning; commencing at the northwest comer of Berryhill's Second Addition, Block 2, Lot 1; north 328 feet, east 80 feet, south 98 feet, east 75 feet, south 220 feet. east 34.25 feet, south eight feet, west 189.25 feet to the point of beginning; and commencing at the southeast corner of Jerome's Addition. Lot H, south 72 feet along the west right-of-way line of Governor Street, west 150 feet, north seventy-two feet along the east right-of-way line of the north-south alley between Governor Street and Lucas Street and east 150 feet to the point of beginning, all of Iowa City, Iowa. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION Ill. 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 uncensti- 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 day of ,2000. MAYOR ATTEST: CITY CLERK Madan Karr From: Herd, Jim [james-herd@uiowa.edu] Sent: Friday, April 28, 2000 9:57 AM To: 'council@iowa-city.org' Subject: proposed rezoning Dear Iowa City Council members: I am writing to urge you to VOTE IN FAVOR of the proposed rezoning ordinance, affecting the 300-600 blocks of Lucas-to-Governor Streets and the 700-900 blocks of Bowery Street, that will soon appear before you. It is essential for the future of Iowa City's quality of life that there should be no more multi-unit apartment construction in older, established neighborhoods. Thank you for your consideration. James D. Herd 1202 Friendly Ave. Iowa City Marian Karr From: Deb Quade [dquade@igsb.uiowa.edu] Sent: Friday, April 28, 2000 10:00 AM To: 'city council' Cc: Jim Giglierano Subject: re: rezoning issue Dear Council members- I live in the Longfellow Neighborhood and own a home at 742 Dearborn St. and I am concerned about the multi-unit development near our neighborhood. I am writing to support the resolution to change zoning in the 300 -600 blocks of Lucas and Governor Sts. and the 700-900 blocks of Bowery St. I have lived in Iowa City since 1971 and in my neighborhood for approximately 6 years. Daily I walk, bike or drive by the areas I mentioned above as I go to and from work or downtown. I am saddened by the wholesale destruction and demise of older houses in these neighborhoods and the lack of thought and planning developers use in building apartment buildings that obviously cannot blend into these beautiful old neighborhoods. I recall in the late 1970's a similar change in the Johnson St. area where I use to visit friends that owned a beautiful old home on that street. Here we are 25 years later and the city council has allowed the large apartment dwellings to sprawl to Dodge, Lucas and Governor Sts. These old homes are priceless, the materials, craftsmanship and care that went into building these homes is invalueable. Anyone who has had the privilege of living in, working on and maintaining an established home in an older neighborhood knows that they have a charm and appeal that is irreplaceableo I know firsthand from a recent remodel of our old home that the quality of materials and craftsmanship cannot be matched! I urge you to consider protecting these old neighborhoods (including those on south Dodge St.) from further multi-unit development. Sincerely, deb quade Marian Karr From: Pat Lohmann [plohmann@igsb.uiowa.edu] Sent: Friday, April 28, 2000 9:36 AM To: 'council@iowa-city.org' Subject: REZONING LUCAS AND GOVERNOR STREET SEGMENTS There has already been entirely too much large-scale, box-like multi-unit development on the north - south running streets between Burlington and Bowery Streets from Summit to Gilbert. Please don't destroy any more of these older Iowa City homes. PLEASE VOTE TO REZONE. Leave what's left of these neighborhoods intact. Pat Lohmann Klaus Bielefeldt 922 Bowery St. Iowa City, IA 52240 Ernie Lehman Mayor Civic Center Washington St. Iowa City, IA 52240 RE: Downzoning of our residential neighborhood Dear Mr. Mayor, I first wanted to thank you and the City Council for allowing us to voice the diverse opinions related to the proposed changing in the zoning of our neighborhood. Considering the importance of this issue, I decided to briefly summarize my views in writing. Cities such as ours have a character and face. We as people living here, certainly shape this character. But streets, parks and buildings with their looks and history contribute, giving a place its unique appearance. In staying with this metaphor, I readily admit that there may occasionally be a need for a "facelift." However, we should carefully avoid loosing the defining features - and a historic downtown clearly is such a defining feature. If we look at Johnson Street, this area can function as a street from "Anywhere," USA. This is not yet the case if one turns to Lucas Street. We should learn from the past and not repeat mistakes that were made years ago. I repeatedly heard the argument of economic viability of our city. While I do not want to define the viability of a community merely in economic terms, I still think that preserving the status quo cannot be translated into an economic disadvantage. As the owner of a historic home, I pay property taxes. Significant parts of my income directly and indirectly contribute to the financial health of Iowa City. It is my understanding that these property taxes are based on the appraised value of my home which would be adversely affected if our neighborhood will be progressively transformed into rows of apartment complexes. By buying and restoring a house in the downtown area, I have made a significant commitment to the area. The decision to move tO Bowcry Street was based on the character of the neighborhood. As a small Midwestern city, we face competitive disadvantages as we try to attract highly qualified individuals who also see opportunities in metropolitan areas on the East or West coast. Time and again I have discussed the uniqueness and flair of this or other parts of the city with young professionals who visited the University of Iowa as they interviewed for positions. We can still claim that Iowa City has a historic, likable and livable downtown. Our neighborhood as well as the historic area on the North side provides affordable housing for those who are contemplating a move. Looking at our community, I fear that we are placing the viability and economic long-term interest of Iowa City at risk, if we focus too much on the interests of those who own or build apartments. As many of my neighbors expressed earlier this week, I urge you to consider the interest of many members of this community as you weigh the decision about the rezoning of our neighborhood. Recent architectural changes, such as the new bridge on Summit Street, indicate that Iowa City strives to keep an attractive face. I hope that changes in the zoning of our historic area will reflect this spirit. Sincerely, Klaus Bielefeldt FRIENDS OF HISTORIC PRESERVATION P.O. Box 2001, Iowa City, Iowa 52244 Friday 28 April 2000 Members of the Iowa City Council ,i'. Civic Center 410 East Washington Street Iowa City, Iowa 52240 I Dear Councilors: I am writing at the request of the Board of Directors to convey to you my feelings about the requested down-zoning of three-block portions of South Lucas and South Governor streets. At our regular board meeting Wednesday 26 April the down-zoning in the Longfellow district was on our agenda, and I expressed my reaction to the request filed by some residents. In essence I said that I had attended a meeting of Planning & Zoning in March at which rather emotional presentations were made by both sides. At that time I decided against expressing my personal support for the petition because what could I add to the discussion and this sort of meeting is almost always overly long. However, after the P&Z meeting I drove a friend home, and we went down Lucas Street to look at the latest new structure. We were both startled at the size and mass of the four-condominium building which apparently is allowed under current zoning. As an aside, I added my personal relationship to this part of town. When I was born, my family lived in one of the houses on Lucas just off of Burlington. Apparently my arrival triggered a move to larger quarters; we moved a block "up" to Governor Street where I grew up. I know the area quite well and remember the beauty of Governor when it was lined with tall elm trees, which could also be scary on a summer's night with older siblings who sometimes delighted in teasing little brothers. My point is that this area was laid out and developed for single-family homes. Especially on Lucas the lots are too small to support the type of invasion which is suggested by this new 16-bedroom building. You have before you on both South Van Buren and South Johnson streets a prime example of what can and almost certainly will happen if Lucas and Governor are not protected. If this type of development is to be permitted, you should require that the entire three-block segment be treated as a unit, razing all the housing stock and create a sensible, attractive plan. Otherwise, awkward-looking apartment buildings will creep up and down the street eating away at the older houses like a cancer until you have duplicated South Johnson. Even if the Infill Guidelines are approved--and we certainly hope they are--the negative impact on the residential nature of the neighborhood will still be there once the houses are demolished, and they WILL be demolished. I most strongly urge you not to allow that to happen. Sincerely, ..... President Marian Karr From: H EADWAVE @aol. com Sent: Monday, May 01, 2000 10:53 AM To: council@iowa-city.org Subject: "downzoning" Dear Members of City Council: We urge you to vote for both proposals, Governor & Bowery and Lucas & Bowery. We live in a similar neighborhood and see some of the issues that develop in a mixed housing situation. We don't buy the concerns about a shortage of student housing, nor those about declining property values. The issue is really more about the quality of life in a neighborhood and the health and attractiveness of our down town core and the surrounding areas. Each vote you make on these issues will affect those areas, areas which we care about a lot. Again, please vote to downsize on both proposals. Thank you. David Rust & Joy Smith 915 E. Bloomington Marian Karr From: Blake, Michael [BlakeM@ujhc. uiowa.edu] Sent: Friday, April 28, 2000 6:23 PM To: 'council@iowa-city.org' Subject: lucas and governor street rezoning Dear council members: We are at a crossroad in the future of Iowa City and your vote next week will determine the quality of life for us. I recently moved from 431 South Dodge because I felt that my quality of life there had deteriorated immensely in the last five years. Ten years ago when I purchased my house I was aware of the issues about living in a "transitional" area. Many of the houses around me were still single family homes. The problems magnified as the neighborhood was slowly purchased by absentee landlords who were required to turn lawns into parking lots to fit six renters and six cars into 'single' family homes. Inquiries about the city's responsibility in creating the South Johnson St. ghetto and the drainage problems it created for us bordering it on the alley produced nothing. When I inquired about the possibility of creating a Neighborhood organization the city basically told me that my neighborhood had been written off as too far gone to salvage. Neighbor after neighbor, as the opportunity arose, moved as did I when I had the chance to purchase a friend's home in a "neighborhood" that is still intact. I left behind a wonderful turn of the century home surrounded by the most beautiful garden that ten years of love could produce. I left because I no longer wanted to feel like a hostage in my own home. I was tired of being angry at the students renting and from their absentee landlords whom I rarely saw. I left under the duress that if I didn't leave now my investment would be totally lost. I left with feelings of guilt and sadness at what was to become of my home (It was purchased by Greg Allen who owns the house next to it and who bought the purchase agreement from the original buyer). It is still not to late to save Governor and Lucas from a similar fate. Part of the problem with the viability of the downtown is that the arablance of its entrances (or transitional neighborhoods if you will) like Dodge and Johnson are being destroyed by cheap and ugly housing. Please downzone and thus protect what little heritage we have left in these buffer zones. I shall be watching your deliberation with the utmost hope that you will do the right thing. Sincerely, Michael Blake 1134 Hotz Ave. Iowa City, IA 52245 April 24, 2000 ~[~/~PR Dee Vanderhoef, City Councillor City of Iowa City CITY MANAGER'$OFFICE Dear Dee,. I am writing as a member of the Iowa City Historic Preservation Commission to support the downzoning of both Lucas Street and Governor Street. Downzoning both Governor and Lucas Streets would be consistent with the city's historic preservation goals as determined by the Historic Preservation Plan. Molly Naumann, the preservation consultant hired by the city to survey the Governor-Lucas Street area, specifically recommended Lucas Street for evaluation and conservation as a historic neighborhood. Only the surfeit of neighborhoods to evaluate has delayed the survey of this street. Without appropriate zoning to restrict the size of new multi-plexes, the Historic Preservation Commission cannot adequately protect the historic character of this older neighborhood. Older housing stock would be left to deteriorate and would soon be overwhelmed by large, new structures that would dominate the character of the neighborhood. Apartment complexes have a place in Iowa City; the interests of their investors can best be served by establishing a wise zoning regulation that establishes appropriate locations for multiplexes AND stabilizes historic neighborhoods. I urge you to vote in favor of down-zoning Lucas Street and Governor Street. I appreciate your attention to this issue. Sincerely, Doris Malkmus Moffat District Representative Iowa City Historic Preservation Commission Marjan Karr From: Jim Giglierano [jgiglierano@igsb.uiowa.edu] Sent: Monday, May 01,2000 9:30 AM To: 'council@iowa-city.org' Subject: Rezoing South Governor, Lucas and Bowery Streets I am writing in favor of City Council approving the downzoning of the South Governor, South Lucas and Bowery Street areas that you will be voting on Tuesday night. I own a home at 438 South Dodge, adjacent to the affected area. This vote is critically important to the future of that neighborhood and to all Iowa City as well. What's in it for Iowa City and the people you represent? Quite simply the economic viability of downtown Iowa City for years to come. We are being told by the land lords and builders, if you don't like us building big ugly dorms for students, then move. Well, that's what's happened in my neighborhood on South Dodge. Home owners have left to be replaced by rentals and renterso I don't want to move out of my neighborhood. My neighbor is nearly 101 years old. The great bur oaks in her yard and mine are maybe 200 years old. People who live in downtown support it by working, living and spending money there. Students support malls, bars and restaurants. The mall is in Coralville. That leaves the bars and restaurants. They have no long term interest in the viability of the downtown area. Neither do the land lords. They have a vested interest in the more students, more rentals, more high rent, more profits. The downward spiral of downtown converting from older homes and and mixed neighborhoods to lots of multi-unit student hotels is in their favor. It's that simple. (Don't get me wrong, I'm not against the students - its not their fault that Iowa City is changing). The land lords and builders have said that the downzoning discriminates against them. Do rents go down when more rental units are built? Not in my neighborhood. I'll check with the next student I see. Who's being discriminated against here? The other argument I hear from them is that they are doing the city a great service by upgrading old housing stock by adding bathrooms and fixing electrical problems, and tearing down old "unsafe" houses and putting up new, beautiful(!) multiunits like the one going up now on South Lucas. In general, in my neighborhood the rental owners do a poor to failing job of maintaining their units - just drive down my alley and you'll see two things, cars and trash. In many cases rental owners will let a unit fall into disrepair (five or six undergrads crammed into a single family house can cause a lot of wear in a year), and then say this house is unsafe and needs to be knocked down. They just don't put the care into it that most homeowners would. Also, you hear from rental lords that they are spending lots of their own money to upgrade and add those bathrooms and paved parking lots. Well that's a just cost that's passed on to the students, figured into the loss column, a part of doing business with them. Home owners pay out of their pockets, with their own sweat. Costs are absorbed and benefits passed to the next generation. For long term viability, I'd take a well cared-for home over a rental with five cars parked on the lawn and an overflowing dumpster any day. What kind of future do you want for downtown Iowa City? I have a vested interest in the long term life of downtown as a place to live, work, go to school and shop, for all kinds of people, not just the university students. As councilors, you can't say I support a lively downtown, but not the people living in the close-in neighborhoods. We're a package deal. If we move out under pressure, I'm betting that downtown will fold too. It is an economic issue for the city, more than just a bunch of goody-goody home owners vso land lords and builders. I'm betting on the long run. You should too. Help us revitalize our older neighborhoods. Thanks for your consideration. JIm Giglierano 438 S. Dodge Prepared by: John Yapp, Assoc. Planner, PCD,410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 00-3923 ORDINANCE' CONDITIONALLY CHANGING THE ZONING DESIGNATION OF A 0.82 ACRE TRACT ALONG THE WEST SIDE OF BENTON COURT NORTH OF BENTON STREET FROM MEDIUM DENSITYf SINGLE-FAMILY RESI- DENTIAL (RS-8) TO LOW DENSITY MULTI- FAMILY RESIDENTIAL (RM-12) WHEREAS, Christian Retirement Services, owner of Oaknoll Retirement Center, owns the '-- properties along the west side of Benton Court north of Benton Street; and WHEREAS, approximately three years ago a parking area was permitted on the property at 703 Benton Court as a temporary use while an addition to the Oaknoll facility was being con- structed; and WHEREAS, in 1999 the Iowa City Zoning Code was amended to allow a permanent parking area on a separate lot in a different zone under some circumstances by special exception, and the proposed rezoning to RM-12 would allow the parking area at 703 Benton Court to remain per- manently with special exception approval; and WHEREAS, the rezoning of the properties on the west side of Benton Court to RM-12 will also allow low-density multi-family development to occur; and WHEREAS, Christian Retirement Services acknowledges that certain conditions and restric- tions are reasonable, in the form of a Conditional Zoning Agreement, to ensure future development of the properly along the west side of the Benton Coud is compatible with the residential uses to the south and the west; and WHEREAS, Iowa Code 415.5 (1999) pro- vides that the City of Iowa City may impose rea- sonable conditions on granting an applicant's rezoning requests, over and above existing regulations, to satisfy public needs directly caused by the requested change. 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 by reference herein, the property legally described Ordinance No. 00-3923 Page 2 below is hereby redesignated from its current zoning of RS-8 to RM-12: Lots 11, 12, 13, 14, and 15 in Streb's First Addition to Iowa City, Iowa, according to plat thereof recorded in Plat Book 4, Page 401, Plat Records of Johnson County, Iowa. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of fie City qf Iowa City, Iowa, to conform to this amendment upon final passage, approval, and publication of this Ordi- nance as provided by law. SECTION. III. 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 owners of the property and the City. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby author- ized and directed to certify a copy of this Ordi- nance and Conditional Zoning Agreement and to record the same in the Johnson County "" Recorder's Office at the applicant~s expense upon passage and approval of this Ordinance. 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 sec- tion, provision or part of the Ordinance shall be adjudged to be invalid or unconsUtutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitu- Uonal. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 2nd day of May .20 00 ATTESTi '" c5/~-,~ ./ E K City A~~/~,/~_~ ppdadmin~oro'~oaknoll.doc Ordinance No. 00-3923 Page. 3.. It was moved by Champ.i on and seconded by Pfab that the Ordinance as i'ead be adopted, and upon roll call them were: AYES: NAYS: ABSENT: ABSTAIN: X Champion X Kanner Lehman X X O'Donnell X Pfab X Vanderhoef X' Wilbum First Consideration 4/4/00 Vote for passage: AYES : P..fab, O'Donne]], 14i]but'n, Champ'ion, Kanner. NAYS: None. ABSENT: Vander~hoef. ABSTAIN: Lehma. n. Second Consideration 4/18/00 Vote for passage: AYES: Vanderhoef, 14i'lbut-n, Champion, Kannet', O'Donne]], Pfab. Nays: None. ABSENT: NOne. ABSTAZN: Lehman Date published 5/10/00 Conditional Zoning Agreement THIS CONDITIONAL ZONING AGREEMENT is made by and between the City of Iowa City. Iowa, a municipal corporation (the 'City") and Christian Retirement Services, Inc., an Iowa nonprofit corporation ("CRS"). WHEREAS, CRS has requested that the City rezone approximately 35.834 square feet of property located on the west side of. the 700 block of Benton Court, Iowa City, Iowa (the "Real Estate") from RS-8 to RM-12 zoning classification under the Ordinances of the City; and WHEREAS, the proposed rezoning will allow the development of the Real Estate in a manner which may be incompatible with the use of surrounding properties; and WHEREAS, Iowa Code Section 414.5 (1999) provides that the 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-existing uses of the Real Estate as a parking lot, permitted as a temporary use during construction by CRS on adjacent property which temporarily eliminated parking on such adjacent property, with the remainder of the property being the location of three single family dwellings, are uses which are compatible with existing conditions in the neighborhood and would conform to all applicable requirements of the RM-12 zoning classification upon the removal of the four parking spaces closest to Benton Court to meet setback requirements and upon the installation of appropriate landscaping and screening of the parking area, provided such use is also approved as a special exception by the Board of Adjustment of the City, and; WHI~REAS, CRS acknowledges that certain conditions and restrictions are reasonable to insure appropriate use of the Real Estate, particularly considering the lower density uses on the real estate located to the south and west of the subject property; and WHEREAS, CRS has agreed to use the Real Estate in accordance with the terms and conditions of this Conditional Zoning Agreement to address the above-referenced issues. NOW THEREFORE, in consideration of the mutual covenants, agreements, stipulations and conditions herein contained, the parties agree as follows: 1. Christian Retirement Services, Inc., an Iowa nonprofit corporation, is the owner and legal title holder of property located on the west side of the 700 block of Benton Court, Iowa City, Iowa (the "Real Estate"), which property is more particularly described as follows: Lots 11, 12, 13, 14 and 15 of Streb's First Addition to Iowa City, Iowa, according to the recorded plat thereof recorded in Plat Book 4, Page 401, Plat Records of Johnson County, Iowa. 2. To address public needs directly caused by the requested zoning change, the Owners agree that the placement, height and design of any new structure on the Real Estate must be compatible with the residential neighborhood to the west and south of the Real Estate, and must be submitted to and approved by the City. In the event of the desire of CRS, its successors or assigns, to construct or otherwise place any structure upon the Real Estate, such owner must submit a Development Concept Plan to the Department of Planning and Community Development prior to development The Director of Planning and Community Development shall review and evaluate such concept plan based on the criteria listed above, the City's then-existing development ordinances and other conditions existing in the neighborhood in which the Real Estate is located. The Director shall complete such review within the 21-day period provided by City Code and shall submit a repod of such review to the Planning and Zoning Commission. The Commission shall review such repod and conduct such further study as it deems appropriate and the Planning and Zoning Commission shall review and evaluate such concept plan based on the above-cited criteria and the standards outlined in City Code Chapter 14-5H, Site Plan Review. Upon site plan approval by the Planning and Zoning Commission, a building permit may be issued. 3. CRS acknowledges that the conditions contained herein are reasonable cohditions to impose on the Real Estate and under Iowa Code 414.5 (1999} and that said conditions satisfy public needs which are directly caused by the requested zoning change. 4. CRS acknowledges that, in the event any portion of the subject property is transferred, sold, re-developed or subdivided, all development and redevelopmerit will conform with the terms of this Conditional Zoning Agreement, regardless of whether recited in any subsequent transfer documents. 5. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land, and shall remain in full force and effec'~'~s a covenant running with the title to the land unless or until released of record by the City and may not be superseded or avoided by separate private covenants to which the City is not signatory. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives and assigns of the parties. 6. CRS acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the owner from complying with all applicable local, state and federal regulations. 7. 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 expense of CRS. 8. It is understood that CRS has contemporaneously voluntarily placed Protective Covenants and Restrictions (the "Covenants") on the Real Estate, which Covenants are incorporated herein by this reference. Nothing herein contained shall be deemed to negate or supersede the Covenants, and CRS agrees to satisfy all conditions herein and in the Covenants. 9. Upon approval of such rezoning and execution hereof by the City, CRS agrees to forthwith submit the necessary applications to the Board of Adjustment of the City with respect to the use by CRS, as a parking lot of the following portion of the real estate above described: Lot 11 and the north fourteen (14) feet of Lot 123 of Streb's First Addition to Iowa City, Iowa, according to the recorded plat thereof. Dated at Iowa City, Iowa this 2___ day of ~e..~ ,2000. CITY OF IOWA CITY, IOWA CHRISTIAN RETIREMENT SERVICES, INC. Attest Ma~' ~ '~ 't/f'' ~~ By ~ A~I ~~ K. Karr, Ci~ Cle~ Sister i STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Z day of M~z , A.D. 20 crO , before me, the undersigned, a notary public in and for th;;~'State of Iowa, personally appeared :l',k~ V--~ 9" (~,>n,~ll and Maria ~K,) Karr, t~"~e personally known, who being by me duly swom, did say that they are the Mayo~"City Clerk, respectively, of said munici~3al corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealec~.o~ behalf of said municipal corporation by authority of its City Council; and that the said Mayor &na~"i::;ity Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa % ~ 'F_j~-~: 25 STATE OF IOWA ) ) ss: ' JOHNSON CO~J::ITY ) n this w3 "'day of A.D. 2000, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Robert Matthes and Sister Agnes Giblin, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed-(4~.h.l ~e~led) on behalf of'(th¢ seal affixed thoreto i~ the se31 of oaid). said corporation by authority of its Board of Directors; and that the said President and Secretary as such officers acknowledged the execution of said inst ent to be the voluntary act and deed of said corporation, by it and by' them voluntadl ~ J ' i')~n and for said County and State Sarahtlanduse/oaknollcza 32000 PROTECTIVE COVENANTS AND RESTRICTIONS KNOW ALL PERSONS BY THESE PRESENTS that the undersigned, CHRISTIAN RETIREMENT SERVICES, INC., an Iowa nonprofit corporation ("CRS") being the owner of the following described real estate located in Iowa City, Johnson County, Iowa, to-wit: Lots 11, 12, 13, 14 and 15 of Streb's First Addition to Iowa City, Iowa, according to the recorded plat thereof recorded in Plat Book 4, Page 401, Plat Records of Johnson County, Iowa, for its benefit and the benefit of the City of Iowa City, Iowa, a municipal corporation (the "City"), hereby imposes the following covenants and restrictions on said property as covenants running with the land, and with such force and effect as if conveyed in each subsequent conveyance of said premises, or any part thereof, or any transfer of said premises occurring by operation of law: 1. Subject'to the following terms and conditions, the following described portion of said premises, to-wit: Lot 11 and the north fourteen (14) feet of Lot 12 of Streb's First Addition to Iowa City, Iowa, according to the recorded plat thereof recorded in Book 4, Page 401, Plat Records of Johnson County, Iowa, shall be utilized only for surface parking purposes in conjunction with the operation of Oaknoll Retirement Residence owned and operated by CRS on certain adjacent real estate, said parking to .be utilized for the exclusive benefit of residents, employees, visitors and other invitees to Oaknoll. No rental of parking spaces upon said premises, other than to residents or employees of Oaknoll, shall occur. The above and foregoing covenant shall be subject, however, to the granting by the Board of Adjustment of the City of Iowa City, Iowa, of a special exception permitting the use of said premises for surface parking purposes. In the event that such special exception shall not be granted, this covenant #1 shall be null, void and of no force or effect unless and until such time as said premises may be lawfully used for surface parking, in which event this covenant shall reattach without further action by the undersigned. 2. The design, screening, setbacks and all other aspects of the surface parking lot maintained upon the above-described real estate shall, at all times, conform to the requirements of all applicable ordinances of the City. 3. No change in the use of the entire premises first above described, or any portion thereof, shall be made by CRS except upon application to and approval by the City, such application to set forth the proposed use of said real estate accompanied by a site plan meeting all requirements for site plans contained in the Code of Ordinances of the City. Following such filing, the same shall be considered and acted upon in the same manner as is prescribed for site plans appealed to the Plan and Zoning Commission under the requirements of Section 14-5H-6 of the Code of Ordinances of the City. 4. These covenants are to run with the land and shall be binding upon CRS and all persons claiming by, through or under CRS for the maximum time period permitted, from time to 2 time, under the laws of the State of Iowa. If CRS or its successors or assigns violate or attempt to violate any of the covenants or restrictions herein before the expiration thereof, the City may undedake any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenants and restrictions and (a) secure an injunction preventing such party or padies from furlher violation of said covenants and/or (b) recover damages, costs and other sums due by reason of such violation or violations. The foregoing remedies shall be in addition to, and not in limitation of, any other remedies which may be available to the City by vidue of any such violation. 5. Invalidation of any of these covenants by judgment or coud order shall in no way affect any of the other provisions hereof which shall remain in full force and effect. DATED at Iowa City, Iowa this.-? )' "~'ay of J/'J"7~,.~.c.. ~4- ,2000. CHRISTIAN RETIREMENT SERVICES, INC. By:~ ~ ~ Sister Agnes Giblin, Secretary STATEOF IOWA ) ) SS: JOH.~;~N COUNTY ) On this~day of}2000, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Robed Matthes and Sister Agnes Giblin, to me personally known, who being by me duly sworn, did say that they are the President and Secretary respectively, of the corporation executing the within and foregoing instrument. that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Robed Matthes and Sist r Agnes Giblin as officers acknowledged the execution of the foregoing instrument to be lunta act and deed of the corporation, by N~a~ Public in and for the State of Iowa Sarah%landu~oaknoll~venant.d~ ~ Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 98-3830 AND THE ACCOMPANYING CONDITIONAL ZONING AGREEMENT FOR A 4.46 ACRE TRACT, KNOWN AS LOUIS CONDOMINIUMS, AND LOCATED AT 500 FOSTER ROAD. WHEREAS, on April 28, 1998, the City Council approved Ordinance No. 98-3830 (hereinafter "Ordinance"), rezoning an approximate 4.46 acre tract located at 500 Foster Road from ID-RS, Interim Development _~_ Single-Family Residential, to OSA-8, Sensitive Areas Overlay-8; and WHEREAS, this rezoning permitted the development of 32 dwelling units, including a 20- unit multi-family residential building, five duplexes, a new single-family residence and an existing single-family residence, on the 4.46 acre tract; and WHEREAS, said ordinance authorized execution of a Conditional Zoning Agreement between the City of Iowa City and Norwood C. Louis II and Betty Louis, as property owners, and H&O, LC, as contract purchasers, hereinafter collectively known as 'Applicant,' which Agreement limited development of the subject property; and WHEREAS, Condition 3d set forth in the Conditional Zoning Agreement acknowledged: "The westerly private ddveway between the Louis household and Foster Road shall be closed at such time as Norwood C. Louis and Betty Louis cease to occupy the existing single- family residence, or the Foster Road widening project is commenced, whichever event occurs first;" and WHEREAS, the Foster Road widening project occurred in the fall of 1999 and the Louis driveway was closed at that time per the provisions of the Conditional Zoning Agreement; and WHEREAS, the Applicant now desires that Condition 3d of the Conditional Zoning Agreement be amended to allow the driveway to be opened and remain open during the time that Norwood C. Louis and Betty Louis reside in the Ordinance No. Page 2 single-family structure located at 500 Foster Road; and WHEREAS, due to public safety concems, the City desires that the driveway be closed when development to the west causes Foster Road to reach a collector street threshold of traffic; and WHEREAS. the City estimates that when occupancy permits for 250 additional dwelling units west of the Louis driveway have been issued, Foster Road will be at the collector street traffic threshold of 2,500 vehicles per day; and WHEREAS, the City acknowledges it to be reasonable to allow only one household to use said access to Foster Road on such a temporary basis if an escrow is paid to the City by the Applicant to ensure that the alternative driveway will be constructed upon the vacation of the premises by Norwood and Betty Louis or when development to the west results in a collector street traffic threshold on Foster Road, whichever event occurs first. ---- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Ordinance No. 98- 3830 and the accompanying Conditional Zoning Agreement are amended by deleting Section 3d of the Agreement in its entirety and inserting in lieu thereof the following: 3d. The westerly private driveway between the Louis household and Foster Road shall be closed at such time as Norwood C. Louis and Betty Louis cease to occupy the existing single- family residence, or when occupancy permits have been issued for 250 dwelling units west of the Louis driveway, whichever event occurs first. The driveway, currently closed under the provisions of the original conditional zoning Agreement referenced above, shall be allowed to re-open upon passage of this ordinance and placement of an adequate cash escrow. Said cash escrow shall be calculated for and may be used by City to provide for the construction of the alternative driveway connecting the Louis residence to Louis Place, as shown on the approved plan, when the private driveway connecting to Foster Road is closed as provided herein. This Ordinance and amended Conditional Zoning Agreement, after adoption, shall be recorded in the Johnson County Recorder's Office by the City Clerk. SECTION II ZONING MAP. Upon final passage, approval and publication of this Ordinance as provided by law, the Building Official is hereby authorized and directed to document the Ordinance No. Page 3 amendment to the Conditional Zoning Agreement on the zoning map of the City of Iowa City, Iowa. SECTION III. AMENDED CONDITIONAL ZONING AGREEMENT. Following final passage and approval of the Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the amended Conditional Zoning Agreement between the Applicant and the City. SECTION . IV. CERTIFICATION AND RECORDING. Upon passage and approval of this Ordinance, and after execution of the amended Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this Ordinance and the amended Conditional Zoning Agreement for recording in the Office of the Recorder, Johnson County, Iowa, at the expense of H&O, LC, all as provided by law. SECTION V. REPEALER. All ordinances and --- parts of ordinances in conflict with the provisions 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 unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and appreved this day of_ ,2000. P admsn~ordMou~sc. Ordinance No. Page . It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES:NAYS:ABSENT: Champion Kanner : Lehman O'Donnell Pfab Vanderhcef Wilbum First Consideration 3/7/00 Vote for passage: AYES: Kanner, Lehman, O'Dq~nell, Vanderhoef, Wilburn, Champion. NAYS: Pfab. ABSENT: None. Second Consideratior~"'- 3/21/00 Voteforpassage:AYES: Wilburn, Champion, Kanner, Lehman, O'Donnell, Vanderhoef. NAYS: Pfab. ABSENT: None. Date published Prepared by Melody Rockwell, Assoc. PlanneG 410 E. Washington Street, Iowa Oty, IA 52240; 319/356-5251 AMENDED CONDITIONAL ZONING AGREEMENT THIS AMENDED AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinarcer "City'd, Norwood C. Louis II and Betty Louis, husband and wife and H&O, LC, as property owners (hereinafter collectively "Applicant'd, WHEREAS, the Applicant is legal title holder of the 4.46 acre property located at 500 Foster Road; and WHEREAS, on Apr'~iI~28, lg98, the City Council of Iowa City approved Ordinance No. 98- 3830 (hereinaf~er "Ordinance'3 rezoning said tract from Interim Development Single- Family Residential (ID-RS) to Sensitive Areas Overlay-8 (OSA-8) to permit 32 dwelling units on the property; and WHEREAS, said Ordinance authorized execution of a Conditional Zoning Agreement between the City and the Applicant, which limited development of the property; and WHEREAS, said Ordinance and Agreement were recorded on May 5, 1998 in Book 2478, Page 289 of the Johnson County Recorders Office, and WHEREAS, Condition 3d set forth in the Agreement acknowledged that the westerly driveway between the Louis household and Foster Road shall be closed at such time as Norwood C. Louis and Betty Louis cease to occupy the existing single family residence, or the Foster Road widening project is commenced, whichever event occurs first; and WHEREAS, the City and the Applicant now desire to amend the Conditional Zoning Agreement to allow the Louis driveway to remain open during the time that Norwood C, Louis and Betty Louis reside in the single-family residence located at 500 Foster Road or until development to the west in the peninsula area causes Foster Road to reach a collector street threshold of traffic, whichever event occurs first; and WHEREAS, the City and Applicant agree that it is reasonable to keep the driveway open temporarily if an escrow is paid to the City by the Applicant to ensure that the alternative driveway connecting to Louis Place is constructed when Norwood and Betty Louis vacate the premises or when occupancy permits for 250 additional dwelling units in the peninsula area west of the Louis driveway have been issued, whichever event occurs first. 2 1. ~e P~es acknowledge that the ofl~n~[ Conditional ~on~n~ A~mement spedfled closure of ~e private dr~ve~a~ se~n~ t~e Lougs ho~se~oM when the Foster Road wMen~n~ proje~ commenced ~nd ~at the ~a~es now desire to ~mend ~t ~mv~s~on so ~at No~ood ~nd Be~ kou~s m~y ret~n ~se o~ thek ex~st~n~ dr~vewa~ ~ntH ~ey no longer msMe at t~e 500 Foster Road msMence or ~ntH development to the west m~ches ~ coHe~or street ~c t~mshoM on Foster Road, w~c~ever event occurs ~t. 2. ~e original Conditional Zoning 'Agreement recorded May 5, 1998 in Book 2478, Page 289 of the Johnson CounW Recorder's O~ce shall be and is hereby amended by deleting Se~ion 3d oF said Agreement in i~ entireW and inse~ing in lieu thereof the following: 3d. ~e westerly private driveway be~een the Louis household and Foster Road shall be closed at such time as No~ood C. Louis and Be~ Louis cease to occupy the exi~ing single-family residence, or when occupan~ permi~ have been issued for 250 additional dwelling uni~ west of the Louis driveway, whichever event occu~ first. ~e driveway, currently closed under the provisions of the original Conditial Zoning Agreement referenced above, shall be allowed to re-open upon passage ~his ordinance and placement of an adequate cash escrow. Said cash escrow shall be calculated for and may be used by CiW to provide for the construeion of the alternative driveway conne~ing the Louis residence to Louis Place, as shown on the appmved plan, when the private driveway conne~ing to Foster Road is closed as provided herein. 3. ~e Pa~ies acknowledge that the condiaons contained in the original Agreement are reasonable conditions to impose on the land under Iowa Code Se~ion 414.5 (1999) and amending Condition 3d should not prove detrimental to the public safe~ of both the Fesiden~ in the area and the communiW because it is a tempora~ condition that will be ended either prior to or when Foster Road reaches a colle~or ~reet tra~c threshold and requires that an escrow be paid to assure that the alternative driveway is con~ru~ed as the area to the west becomes more fully developed and Foster Road becomes a more heavily-traveled ~reet. 4. Applicant acknowledges that in the event the subje~ pmpe~ is transferred, sold, redeveloped or subdivided, all redevelopment will conform to the terms of this amended Agreement. 5. ~e Pa~ies acknowledge that this amended Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land and shall remain in full force and effe~ as a covenant running with the title to the land, unless or until released o¢ record by the Ci~. ~e pa~ies fu~her acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the pa~ies. 6. Applicant acknowledges that nothing in this Agreement shall be construed to relieve the Applicant from complying with all applicable local, state and federal regulations. 3 7. Applicant acknowledges that nothing in this amended Agreement in any way alters, amends or modifies the original Conditional Zoning Agreement except as set forth above. 8. The Parties agree that this amended Agreement shall be incorporated by reference into the Ordinance approving the amendment; and fiat upon adoption and publication of the Ordinance, this agreement shall be recorded in the 3ohnson County Recorders Office at the expense of H&O, LC. .. Dated this day of ,2000. H&O, LC CITY OF ]~OWA CTTY By: ' el E,.H_.o ' ' By: /~~~" Ernest W. Lehman, Mayor By' Attest: Marian K. Karr, City Clerk NORWOOD C. LOU]:S ]:[ & 4 STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this __ day of ,2000, before me , 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; tha. t the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed an~l sealed on behalf of the corporation, by authority of its City Council, as contained in Ordinance No. passed by the City Council, on the day of ,2000, and that Ernest W. Lehman and Madan K. Karr acknowledge 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: STATE OF IOWA ) )ss: 3OHNSON COUNTY ) On this ~o day of /'~,R(~.H , 2000, before me the undersigned, a Notary Public in and for said County, in said State, personally appeared Dean Oakes, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. ~ ,- ~- ~- o e NotaN Public in and for the State of Iowa My commission expires: ~- 9 -~ ~ STATE OF IOWA ) )ss: JOHNSON COUN~ ) On this _~e day of ~~14 , 2000, before me the undersigned, a Nota~ Public in and for said Count, in said State, personally appeared Michael E. Hodge, to me known to be the identical person named in and who executed the within and foregoing instrument and acknowledged that he executed the same as his voluntaN a~ and deed. 2~'-~:'~ ~"~Z~im=s Nota~ Public in and for the State of Iowa My commission expires: ~-~-~ ~ 5 STATE OF IOWA ) )SS: ]OHNSON COUNTY ) ' On this 7 th day of M~ rc-.h ,2000, before me the undersigned, a Notary Public in and for said County, in said State, personally appeared Norwood C. Louis II and Betty Louis, husband and wife, to me 'known to be the identical persons named in and w. ho executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. e