HomeMy WebLinkAbout2000-10-17 Ordinance DEFEATED I 6b('d
Prepared by: John Yapp, Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING DESIGNATION FROM
LOW-DENSITY MULTI-FAMILY RESIDENTIAL (RM-12) AND NEIGHBORHOOD CONSERVATION
RESIDENTIAL (RNC-20) TO MEDIUM-DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8) FOR FOUR
PROPERTIES ON THE SOUTH SIDE OF THE 900 BLOCK OF IOWA AVENUE, 11 PROPERTIES ON
THE 900 AND 100 BLOCKS OF WASHINGTON STREET, 10 PROPERTIES ON THE 100 AND 200
BLOCKS OF SOUTH SUMMIT STREET, FOUR PROPERTIES ON THE EAST SIDE OF THE 10 AND 100
BLOCKS OF GOVERNOR STREET, THREE PROPERTIES ON THE WEST SIDE OF THE 1000 BLOCK
OF MUSCATINE AVENUE, AND FIVE PROPERTIES ON THE 900 AND 1000 BLOCKS OF COLLEGE
STREET.
WHEREAS, the portion of the subject area north of Washington Street is currently zoned RM-12, Low-
Density Multi-Family Residential. The remainder of the subject area is currently zoned RNC-20,
Neighborhood Conservation Residential; and
WHEREAS, both the RM-12 and RNC-12 zones allow for the construction of multi-family structures; and
WHEREAS, most of the structures in the subject area were originally constructed as single-family
homes; and
WHEREAS, 73% of the properties in the subject area currently contain single-family (54%) or two-family
(19%) uses; and
WHEREAS, the Comprehensive Plan states the City should adopt policies to protect the integrity of
existing neighborhoods, and that one of the issues the City should address is the encroachment of multi-
family structures into formerly single-family neighborhoods; and
WHEREAS, the Historic Preservation Plan, a component of the Comprehensive Plan, recommends
reexamining the zoning designation of older neighborhoods to help preserve older single-family homes; and
WHEREAS, rezoning the subject area to RS-8, Medium-Density Single-Family Residential, will preserve
the predominant single-family character of the area by eliminating the potential for new multi-family uses to
be established, and turning existing multi-family uses and some duplex uses into non-conforming uses,
thereby limiting their viability in the long run.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The properties described below are hereby reclassified from their current
designation of RM-12, Low-Density Multi-Family Residential, to RS-8, Medium-Density Single-Family
Residential:
An area encompassed by lots 2 through 10 of Boulevard Terrace Addition, including the 20-foot
wide public right-of-way located along the south line of lot 3, Boulevard Terrace Addition; and the
properties encompassed by the following: Beginning at the NW corner of lot 2, Boulevard Terrace
Addition, thence west 235.5 feet to the point of beginning, thence south 320 feet, thence 160 feet,
thence north 320 feet, thence east 160 feet to the point of beginning.
The properties described below are hereby reclassified from their current designation of RNC-20,
Neighborhood Conservation Residential, to RS-8, Medium-Density Single-Family Residential:
Lots 3 through 6, Fry's Addition, and lot 1, J and J.W. Addition, and lots 8 through 9, Clark
Addition, and properties bound as follows: Beginning at the NE corner of Outlot 2, Original Town
Plat, thence south 320 feet to the SE corner of Outlot 2, Original Town Plat, thence west 91 feet,
thence north 90 feet, thence west 59 feet, thence north 70 feet, thence east 80 feet, thence north
160 feet, thence east approximately 70 feet to the point of beginning; beginning at the NE corner
of Outlot 3, Original Town Plat, thence south 320 feet to the SE corner of Outlot 3, Original Town
Plat, thence west 126 feet, thence north 120 feet, thence east 11.5 feet, thence north 130 feet,
thence west 110 feet. thence south 55 feet, thence west 160 feet, thence north 125 feet, thence
east approximately 387 feet to the point of beginning.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Ordinance No. DE FEATED
Page 2
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. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City
Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same at the office of the
County Recorder of Johnson County, Iowa, all as provided by law.
SECTION V. 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 ,2000
MAYOR
ATTEST:
CITY CLERK
ppdadm/ord/RSS-iaave.doc
DEFEATED
O~inanceNo.
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
Vanderhoef
Wilburn
First Consideration 10/17/00
Vote for passage: AYES: None. NAYS: Pfab, Vanderhoef, Wilburn, Champion,
Kanner, Lehman, O'Donnell. ABSENT: None.
Sed,6nd Consideration
Vote for passage:
Date published
Prepared by: Scott Kugler, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243
ORDINANCE NO. 00-3948
ORDINANCE AMENDING THE ZONING CHAPTER BY CONDITIONALLY AMENDING THE APPROVED
SENSITIVE AREAS DEVELOPMENT PLAN FOR LOT 52 OF WALDEN HILLS, A 4.89 ACRE PARCEL
LOCATED IN THE SENSITIVE AREAS OVERLAY (OSA-8) ZONE ON THE WEST SIDE OF SHANNON DRIVE
SOUTH OF WILLOW CREEK.
WHEREAS, the Owner, Walden Wood Associates, II, LLP, is Owner and legal title holder of approximately 4.89
acres of property located on the west side of Shannon Drive south of Willow Creek; and
WHEREAS, Owner has requested approval of an amended Sensitive Areas Development Plan for Lot 52 of
Walden Hills, which would result in a total of 19 detached, single-family dwellings to be located on a parcel
previously approved for 32 townhouse-style dwellings; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions ensuring
the installation of neighborhood infrastructure in accordance with the odginal Sensitive Areas Development Plan,
said amended plan is in conformance with the Comprehensive Plan; and
WHEREAS, Iowa Code, Section 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, Owner acknowledges that certain conditions and restrictions are reasonable to ensure the
installation of necessary neighborhood infrastructure; and
WHEREAS. Owner 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 infrastructure 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, a revised Sensitive Areas Development Plan is hereby accepted and approved for
the following described property:
Lot 52, Walden Hills, Iowa City, Iowa in accordance with the plat recorded in Book 38, at page 18, of the
records of the Johnson County Recorder's Office. Total tract area 4.89 acres:
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 as provided by law.
SECTION Ill. 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 Owner and the 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 provision of this ordinance
are hereby repealed.
SECTION VI. 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 VII. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and
publication, as required by law.
Passed and approved this 17th day of t3ctnber ,2000.
ITY CLERK
p admin~ord~waldhills.
Ordinance No. 00-3948
Page 2
It was moved by Vanderhoef and seconded by Wi 1 burn that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
x Pfab
X Vanderhoef
X Wilbum
First Consideration 9/19/00
Voteforpassage:AYES: Kanner, Lehman, O'Donne'll, Pfab, Vanderhoef, W.i]burn,
Champ'ion. NAYS: None. ABSENT: None.
Second Consideration 10/3/00
Vote for passage: AYES: Kanner, Lehman, O'Donne]'l, Pfab, Vanderhoef, Wi'lburn,
Champ'ion, NAYS: None. ABSENT: None.
Date published 10/25/00
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
(hereinafier "City'), Walden Wood Associates II, LLP, an Iowa Limited Partnership (hereina~er Owner").
WHEREAS, the Owner, is owner and legal title holder of approximately 4.89 acres of property located
on the west side of Shannon Drive south of Willow Creek; and
WHEREAS, Owner has requested approval of an amended Sensitive Areas Development Plan for Lot
52 of Walden Hills, which would result in a total of 19 detached, single-family dwellings to be located on a
parcel previously approved for 32 townhouse-style dwellings; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions
ensuring the installation of neighborhood infrastructure in accordance with the original Sensitive Areas
Development Plan, said amended plan is in conformance with the Comprehensive Plan; and
WHEREAS, Iowa Code, Section 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, Owner acknowledges that certain conditions and restrictions are reasonable to ensure
the installation of necessary neighborhood infrastructure; and
WHEREAS, Owner 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 infrastructure
issues are addressed.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows:
1. Walden Wood Associates II, LLP, is the property owner and legal title holder of property located on
the west side of Shannon Drive south of Willow Creek, which property is more particularly described
as follows:
Lot 52, Walden Hills, Iowa City, Iowa in accordance with the plat recorded in Book 38, at page 18, of
the records of the Johnson County Recorder's Office. Total tract area 4.89 acres:
2. Owner acknowledges that the City wishes to ensure installation of necessary neighborhood
infrastructure. 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, Owner agrees to certain conditions over and above City regulations as detailed
below.
3. In consideration of the City's approval of the revised sensitive areas development plan for Lot 52,
Walden Hills, Owner agrees that development of the subject property will conform to all requirements
of the Sensitive Areas Ordinance and the RS-8 zone, unless superseded by provisions of the revised
sensitive areas development plan associated with this rezoning request, as well as the following
conditions:
a. The Owner shall not request nor shall the City issu~ building permits for Lots I through 19 within
the Resubdivision of Lot 52, Walden Hills until such time that Shannon Drive and all associated
improvements are constructed and extended north across Willow Creek to the north boundary of
the Walden Hills subdivision, and said improvements are accepted by the City.
b. Existing evergreen trees along the Highway 218 frontage of the property shall be avoided and
retained on the site to the extent possible. If grading and development activities associated with
the redevelopment of Lot 52 necessitate the removal of any of the existing trees, each tree shall
be replaced with a new tree of a similar size and species to those removed.
c. Traffic claming techniques, as illustrated on the preliminary plat for a Resubdivision of Lot 52,
Walden Hills and the revised sensitive areas development plan associated with this request to
rezone, shall be incorporated into the design of Shannon Drive, subject to final design approval by
City staff.
4. The Owner 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.
5. The Owner 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.
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
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.
7. Owner 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.
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 Recorders Office at the Owners expense.
Dated this /7 ~'4 day of Dc4-,/=,e. ~r ,2000.
WALDEN WOOD ASSOCIATES II, L.L.P. CITY OF IOWA CITY
RWail ~~ppel for us~ Ernest W. Lehman, Mayor
M I A~est: ~ K. Karr, Ci~ Cl~rk
Southgate Development Company
Approved by:
City Attorney's Office
3
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this /7 day of ~ cJ--~ J~v- 2000, before me, 2,.~4'.-,~ ~_
~ ~ , a Notary Public in and for the 'State of Iowa. personally appeared Emest
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) (Rocolution) No.
z~ 3 ? ~- ~ passed by the City Council, on the /7 '~'~' day of D c-~ ~.{.'- ,2000, and
that Ernest W. Lehman and Marian 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: 5/7/Q ·
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this /~ day of S'~',~=,,./;,-. v' ,2000, before me, the undersigned, a Notary Public in
and for said County, in said Star ersonally appeared William R. Happel, 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: ~(/?/'O
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this l,-1 -,'-X day of ~ ~---,~'t ~ ~ -/" ,2000, before me. the undersigned, a Notary Public in
and for said County, in said State', personally appeared Myles Braverman, 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:
ppdadmin~agt~waldenwd2doc
Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243
ORDINANCE NO. 00-3949
AN ORDINANCE DESIGNATING PROPERTY LOCATED AT 13 S. LINN STREET AS AN IOWA CITY
HISTORIC LANDMARK.
WHEREAS, Scott Kading, Owner and legal titleholder of property located at 13 S. Linn Street, has filed
with the City a nomination for the designation of said property as an Iowa City Historic Landmark; and
WHEREAS, the Historic Preservation Commission has reviewed and evaluated the significance of the
building located on said property and has determined that it meets the requirements for designation as an
Iowa City Historic Landmark; and
WHEREAS, at its public hearing on July 13, 2000, the Historic Preservation Commission nominated the
subject property for designation as an Iowa City Historic Landmark; and
WHEREAS, at its meeting of August 3, 2000, the Planning and Zoning Commission recommended
approval of the proposed landmark nomination; and
WHEREAS, the State Historical Society of Iowa has reviewed said nomination and concurs with the
assessment of the Historic Preservation Commission that the subject property meets the criteria for
designation as a historic landmark; and
WHEREAS, the designation of the subject property would be consistent with the goals and objectives of
the City's Historic Preservation Plan, which has been incorporated as part of the City's Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The following described property is hereby designated as an Iowa City
Historic Landmark pursuant to Title 14, Chapter 4, Land Control and Development, Article C, Historic
Preservation Regulations:
Beginning at a point 110' south of the NE corner of Block 66, Original Town Plat, thence west 95 feet,
thence south 40 feet, thence east 95 feet, thence north 40 feet to the Point of Beginning.
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 as provided by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same
at the office of the County Recorder of Johnson County, Iowa, all as provided by law.
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 Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
MAYOR
ATTEST: CLE~4x...,~) 2~ '- CITY LE
,,-
?
OrdinanceNo. 00'3949
Page 2 .
It was moved by Wi 1 burn and seconded by Kanner that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 9/19/00
Vote for passage: AYES : Lehman, 0'Donne'l], Pfab, Vanderhoef, W'i]bur'n, Champion,
Kanner. NAYS: None. ABSENT: None.
Se~'nd Consideration 10/3/00
Voteforpassage: AYES: Lehman, 0'Donnell, Pfab, Vanderhoef, W~'lburn,Champ~on,
Kanner'. NAYS: NOne. ABSENT: None.
Date published 10/25/00
Prepared by: Scott Kugle~,%.Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 \' ORDINANCE NO.
WHER~S, Sco~ Kadin~'?,Owner and legal titleholder of prope~ located at 13 S. Li Street, has filed
with the Ci~ a nomination for th'~designation of said prope~ as an Iowa Ci~ Historic La and
WHER~S, the Historic Pre~ation Commission has reviewed and evaluated significance of the
building located on said prope~ ~.d has determined that it meets the requireme~ for designation as an
Iowa Ci~ Historic Landmark; and ',.
WHEREAS, at its public hearing ~ July 13, 2000, the Historic nominated the
subject prope~ for designation as an Ci~ Historic Landmark; and
WHEREAS, at its meeting of 3, 2000, the Planning and Zon Commission recommended
approval of the proposed landmark and
WHEREAS. the State Historical Soci~ of Iowa has reviewed sa and concurs with the
assessment of the Historic Prese~ation that the sul prope~ meets the criteria for
designation as a historic landmark; and
WHER~S, the designation of the subject would be the goals and objectives of
the Ci~'s Historic Prese~ation Plan, which has '~ ~a~ of the Ci~'s Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY OF THE CI~ OF IOWA CI~,
IOWA:
SECTION I. APPROVAL. The following prope~ is hereby designated as an Iowa Ci~
Historic Landmark pursuant to Title 14, Chapter 4, ~,Control and Development, A~icle C, Historic
Prese~ation Regulations: ,.,
Beginning at a point 110' south of the NE Original Town Plat, thence west 95 feet,
thence south 40 feet, thence east 95 feet to the Point of Beginning.
SECTION II. ZONING MAP. The Buildin~ >ector is h authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to ment upon the final passage, approval
and publication of this ordinance as provi by law. '~
SECTION III. CERTIFICATION 3. Upon pa s~e and approval of the Ordinance,
~~ ~a~d to record the same''','' '
SECTION IV. REPEALER. ord nances and pa~s of ordinanc~i~,conflict with the provisions of
this Ordinance are hereby ,, '~
SECTION V. SEVERABI If any section, provision or pa~ of the ~d ance shall be adjudged to
be invalid or unconstitutiona ~ adjudication shall not affect the validi~ of ~; Ordinance as a whole or
any section, provision or p t ~f not adjudged invalid or unconstitutional.~
SECTION VI. EFF[~ DATE. This Ordinance shall be in effect after i ~al passage, approval
and publication, as Jed by law. ~
Passed and a this __ day of ,2000 ~
MAYOR