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HomeMy WebLinkAbout2005-10-04 Ordinance Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ05-00018) ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY $'1,9 ACRES FROM JOHNSON COUNTY RESIDENTIAL (R) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (RS-5), SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED ON AMERICAN LEGION ROAD WHEREAS, Fairview, Inc., has applied for a rezoning of approximately 51.9 acres of property from County Residential (R) to Low Density Single-Family zone (RS-5); and WHEREAS, said property is located on American Legion Road, south of Highland Woods, and east of Far Horizons subdivision; and WHEREAS, the property is within the Long-Range Planning Boundary of the city and the neighboring Iowa City properties are zoned for Iow density single-family residential development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning, and has recommended approval subject to conditions; and WHEREAS, the conditions recommended by the Commission are related to funding of the future American Legion Road improvements. 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 County Residential (R) to Low Density Single-Family Residential zone (RS-5): Insert Legal Description SECTION II. 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 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 property owners, the applicant, and the City of Iowa City. SECTION IV. 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 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 approved this ~ day of ,20 MAYOR ATTEST: CITY CLERK Approved by City Att~rney'~ Office ppdadm/ord/REZ04-00002.doc Prepared by: Sunil Terdalkar, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 (REZ05-000018) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Arlington Development, Inc. (hereinafter "Applicant") and Fairview, Inc. (hereinafter "Owner"); and WHEREAS, Owner is the legal title holder of approximately 51.9 acres of property located on the on American Legion Road, south of Highland Woods, and east of Far Horizons subdivision; and WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property from County Residential zone (R) to Low-Density Single-Family Residential zone (RS-5); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding funding of future American Legion Road improvements, the timing of the rezoning is appropriate and the Iow density single-family residential zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2005) 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 caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property contributes to the future reconstruction of American Legion Road; and WHEREAS, Owner and Applicant agree to use this property in accordance with the terms and conditions of a conditional zoning agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Fairview, Inc. is the legal title holder and Arlington Development, Inc. is the applicant for a rezoning of the property legally described as follows: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST-FRACTIONAL QUARTER OF SECTION EIGHTEEN (18) IN TOWNSHIP SEVENTY-NINE (79) NORTH, RANGE FIVE (5) WEST OF THE 5TM P.M,; THENCE WEST 1121 FEET, THENCE NORTH 1890 FEET, THENCE EAST 1121 FEET, THENCE SOUTH 1890 FEET THE PLACE OF BEGINNING. ALSO BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TM P.M.; THENCE SOUTH 345 FEET TO THE CENTER OF THE PUBLIC HIGHWAY KNOWN AS U.S. HIGHWAY NO. 6, THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID PUBLIC HIGHWAY TO A POINT WHERE SAID CENTER LINE INTERSECTS THE SOUTH LINE OF THE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, THENCE EAST ALONG THE SOUTH LINE OF THE SAID NORTHWEST FRACTIONAL QUARTER OF SECTION 18, 836 FEET TO THE PLACE OF BEGINNING. ppdad m/agt~airviewfairviewcza.doc, doc 1 2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential development that conforms to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2005) 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 caused by the requested change, including provisions for funding of the adjacent arterial street, access to the property, and subdivision design principles. Therefore Owner and Applicant agree to certain conditions over and above City regulations as detailed below. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, and that the subdivider is required to contribute toward the cost of American Legion Road improvement (based on the formula developed by the Johnson County Council of Governments office), at a rate of $1715.18 per acre of property (51.9 acres x $1715.18 per acre - a total of $ 89,017.8), at the time of final plat approval. Said funds will be deposited with the City of Iowa City prior to the first occupancy permit being issued for any lot in any final plat on this property. 4. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2005), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. 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 with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other 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. Dated this ~ day of April, 2004. CITY OF IOWA CITY Fairview, Inc. Ernest Lehman, Mayor ppdadm/agt/fairviewfairviewcza.doc.doc 2 Attest: Arlington Development, Inc. Marian K. Karr, City Clerk Approved by: City Attorr;ey'~ OffiCe CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , A.D. 20 , before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal 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 sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City 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 My commission expires: FAIRVIEW, INC. ACKNOWLEDGEMENT: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , A.D. 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared to me personally known, who, being by me duly sworn, did say that they are the , of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of the seal affixed hereto is the seal of said corporation by authority of its Board of Directors; and that the said ppdad m/agt/fairviewfairviewcza.doc, doc 3 as such officers acknowledged 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 My commission expires: ARLINGTON DEVELOPMENT, INC. ACKNOWLEDGEMENT: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , A.D. 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared to me personally known, who, being by me duly sworn, did say that they are the , of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of the seal affixed hereto is the seal of said corporation by authority of its Board of Directors; and that the said as such officers acknowledged 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 said County and State ppdad m/agtJfairviewfairviewcza.doc.doc 4 Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 05-4182 ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES" CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINE AND PENALTIES," SECTION 9, ENTITLED "VIOLATION OF VARIOUS CODE SECTIONS," TO MAKE THE FINE FOR LITTERING THE SAME AS THE FINE UNDER THE STATE CODE. WHEREAS, the fine for littering is presently $10.00, regardless of where the littering occurs; WHEREAS, Iowa Code section 321.369 (2005) provides that it is illegal to litter on a street or highway, and section 805.8A (2005) sets the fine at $35.00; WHEREAS, the fine under a municipal ordinance cannot be less than the fine for the same violation under State law; and WHEREAS, it is in the best interest of the City to have same fine for all littering violations, and not to have the fine for littering on a street or highway be greater than littering for anywhere else. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 3, entitled "City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 9, entitled "Violation of Various Code Sections," is hereby amended by amending the fine for littering from $10 to $35 as follows: Description of Fee, Charge, Bond, Amount of Fee, Charge, City Code Chapter, Fine or Penalty Bond, Fine or Penalty Article or Section Reference Littering $35.00 14-3H-1 lcl-C3 SECTION I1. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. ~vl~~_,.~proved this 4th day of October , 2005. CITY CLERK Approved by City Attorney's Office S ue/OrdRes/LitterOrd.doc Ordinance No. 05-4182 Page 2 It was moved by Vanderhoef and seconded by Bailey 'that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott x Lehman × O'Donnell × Vanderhoef × Wilburn First Consideration 9/20/05 Vote for passage: AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 10/12/05 Moved by Vanderhoef, seconded by Wilburn, 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 ~ote be waived and the ordinance be voted upon for final passage at this time. AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None.