HomeMy WebLinkAbout2000-09-12 Ordinance Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243
ORDINANCE NO. 00-3944
ORDINANCE AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE ZONING
REGULATIONS OF APPROXIMATELY 69.37' ACRES LOCATED AT THE SOUTHWEST CORNER OF
LOWER WEST BRANCH ROAD AND TAFT AVENUE FROM COUNTY SUBURBAN RESIDENTIAL (RS)
TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5; 30.32 ACRES), AND INTERIM
DEVELOPMENT - RESIDENTIAL (ID~RS; 39.05 ACRES).
WHEREAS, the owner, Jerry F. Lindemann, is owner and legal title holder of approximately 69.37 acres
of property located at the southwest corner of Lower West Branch Road and Taft Avenue; and
WHEREAS, the applicant, Arlington, LC, on behalf of the owner, has requested the voluntary annexation
of approximately 69.37 acres located at the southwest corner of Lower West Branch Road and Taft Avenue
and the rezoning of this property from County Suburban Residential (RS) to Low Density Single-Family
Residential (RS-5; 30.32 acres) and Interim Development Residential (ID-RS; 39.05 acres); and
WHEREAS, the proposed annexation has been approved by the City; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions
ensuring the development of the property in accordance with the neighborhood design policies of the
Northeast District Plan and ensuring the retention of the historic stone railroad bridge on the site in a manner
that provides public access to this feature, the proposed rezoning is in conformance with the Comprehensive
Plan; 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 owner and applicant acknowledge that certain conditions and restrictions are reasonable
to ensure the development of the property in accordance with the neighborhood design policies of the
Northeast District Plan and to ensure the retention of the historic stone railroad bridge; and
WHEREAS, the owner and applicant have agreed to use this property in accordance with the terms and
conditions of a Conditional Zoning Agreement to ensure that the above referenced comprehensive plan
policies are addressed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement,
attached hereto and incorporated herein, the property described below is hereby reclassified as follows:
a. The following property is hereby reclassi~ed from its current designation of County Suburban
Residential (RS) to Interim Development Residential (ID-RS):
Beginning at the Northeast Corner of the Southeast Quarter of Section 7, T79N, RSW, of the 5th P.M.,
Johnson County, Iowa, Thence S00°59'54"E, along the east line of said Southeast Quarter, 445.54 feet,
to the Northeast Corner of Stone Creek Subdivision, to Johnson County, Iowa, in accordance with the
plat thereof. Records of the Johnson County Recorder's Office; Thence S89°00'06'~/V, along the north
line of said subdivision, 331.58 feet, to the Northwest Corner thereof; Thence S00°59'54"E, along the
west line of said subdivision, 394.12 feet, to the Southeast Corner thereof; Thence N89°00'06"E, 331.58
feet, to the Southeast Corner thereof; Thence S00°59'54"E, along the east line of said Southeast
Quarter, 907.46 feet, to the Northeast Corner of Auditor's Parcel 99086, in accordance with the plat
recorded in Book 40, at Page 337, of the Records of the Johnson County Recorder's Office; Thence
S89°59'58"W, along said north line and its westerly projection, 1119.85 feet; Thence N42°04'38"E,
279.14 feet; Thence northwesterly 593.57 feet along a 500.00 foot radius curve, concave southwesterly,
whose 559.32 foot chord bears S08°04'05"W; Thence N25°56'27"W, 764.11 feet; Thence S87°46'23"W,
407.57 feet; Thence N01°12'10"W, 315.16 feet; Thence S89°58'56"E, along the north line of said
Southeast Quarter, 1517.98 feet, to the Point of Beginning. Said tract of land contains 39.05 acres, and is
subject to easements and restrictions of record.
b. The following property is hereby reclassified from its current designation of County Suburban
Residential (RS) to Low Density Single-Family Residential (RS-5):
Commencing at the Northeast Corner of the Southeast Quarter of Section 7, T79N, R5W of the
Fifth P.M. Johnson County, Iowa; Thence N89°58'56"W, along the north line of said Southeast Quarter,
Ordinance No. 00-3944
Page 2
1571.98 feet; Thence S01°12'10"E, 315.16 feet, to the Point of Beginning; Thence N87°46'23"E, 407.57
feet; Thence S25°56'27"E, 764.11 feet; Thence southeasterly, 593.57 feet, along a 500.00 foot radius
curve, concave southwesterly, whose 559.32 foot chord bears S08°04'05"W; Thence S42°04'38'W,
279.14 feet, to a point on the north line of Auditor's Parcel 99087, in accordance with the plat recorded in
Book 40, at Page 339, of the records of the Johnson County Recerder's Office; Thence S89°59'58'M/,
along the north line of said Auditor's Parcel 99087, a distance of 743.14 feet, to the Northwest Corner
thereof and a point on the east line of Windsor Ridge, Pad Fifteen, to Iowa City, Iowa in accordance with
the recorded plat thereof; Thence N00°29'10"W, along said east line of Windsor Ridge, Part Fifteen,
1421.47 feet; Thence N87°46'23"E, 279.45 feet, to said Point of Beginning. Said tract of land contains
30.32 acres, and is subject to easements and restrictions of record.
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. 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, applicant, 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 applicant'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
AM. AY?~T
CITY CLERK
proved
Ordinance No. 00-3944
Page 3
It was moved by Champi on and seconded by 0' Donne] ] 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 8/1/00
Voteforpassage: AYES: Lehman, O'Donne]], Pfab, Vanderhoef, Wi]burn,
'~ Champ.ion, Kanner. NAYS: None, ABSENT: None.
Second Consideration 8/15/00
Vote for passage: AYES: Pfab, Vanderhoef, W~ ]burn, Champ'ion, Kanner, Lehman,
0 ' Donne ] ], NAYS: None, ABSENT: None.
Date published 9/20/00
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
(hereina~er "City"), Jerry F. Lindemann (hereina~er "Owner") and Arlington, L.C., an Iowa Limited
Partnership (hereinafter "Applicant").
WHEREAS, Owner is owner and legal title holder and Applicant is the contract purchaser of approximately
69.37 acres of property located at the southwest corner of Lower West Branch Road and Taft Avenue;
and
WHEREAS, the Applicant, on behalf of the Owner, has requested the voluntary annexation of approximately
69.37 acres located at the southwest comer of Lower West Branch Road and Taft Avenue and the rezoning
of this property from County Suburban Residential (RS) to Low Density Single-Family Residential (RS-5;
30.32 acres) and Interim Development Residential (ID-RS; 39.05 acres); and
WHEREAS, the proposed annexation has been approved by the City; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions ensuring
the development of the property in accordance with the neighborhood design policies of the Northeast District
Plan and ensuring the retention of the historic stone railroad bridge on the site in a manner that provides
public access to this feature, the proposed rezoning is in conformance with the Comprehensive Plan; 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 Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to
ensure the development of the property in accordance with the neighborhood design policies of the Northeast
District Plan and to ensure the retention of the historic stone railroad bridge; and
WHEREAS, the Owner and Applicant have agreed to use this property in accordance with the terms and
conditions of a Conditional Zoning Agreement to ensure that the above referenced comprehensive plan
policies are addressed.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows:
1. Jerry F. Lindemann is the property owner and legal title holder and Arlington, L.C. is the contract
purchaser of property located at the southwest corner of Lower West Branch Road and Taft Avenue,
which property is more particularly described as follows:
ID-RS Parcel:
Beginning at the Northeast Corner of the Southeast Quarter of Section 7, T79N, R5W, of the 5th P.M.,
Johnson County, Iowa, Thence S00°59'54"E, along the east line of said Southeast Quarter, 445.54 feet,
to the Northeast Corner of Stone Creek Subdivision, to Johnson County, Iowa, in accordance with the
plat thereof. Records of the Johnson County Recorder's Office; Thence S89°00'06'M/, along the north
line of said subdivision, 331.58 feet, to the Northwest Corner thereof; Thence S00°59'54"E, along the
west line of said subdivision, 394.12 feet, to the Southeast Corner thereof; Thence N89°O0'06"E, 331.58
feet, to the Southeast Corner thereof; Thence S00°59'54"E, along the east line of said Southeast
Quarter, 907,46 feet, to the Northeast Corner of Auditor's Parcel 99086, in accordance with the plat
recorded in Book 40, at Page 337, of the Records of the Johnson County Recorder's Office; Thence
S89°59'58"W, along said north line and its westerly projection, 1119.85 feet; Thence N42°04'38"E,
279.14 feet; Thence nodhwestedy 593.57 feet along a 500.00 foot radius curve, concave southwesterly,
whose 559.32 foot chord bears S08°04'05'M/; Thence N25°56'27"VV, 764.11 feet; Thence S87°46'23"W,
407.57 feet; Thence N01°12'10"W, 315.16 feet; Thence S89°58'56"E, along the north line of said
Southeast Quarter, 1517.98 feet, to the Point of Beginning. Said tract of land contains 39.05 acres, and is
subject to easements and restrictions of record.
RS-5 Parcel:
Commencing at the Northeast Corner of the Southeast Quarter of Section 7, T79N, R5W of the Fifth
P.M. Johnson County, Iowa; Thence N89°58'56"W, along the north line of said Southeast Quarter,
1571.98 feet; Thence S01°12'10"E, 315.16 feet, to the Point of Beginning; Thence N87°46'23"E, 407.57
feet; Thence S25°56'27"E, 764.11 feet; Thence southeasterly, 593.57 feet, along a 500.00 foot radius
curve, concave southwesterly, whose 559.32 foot chord bears S08°04'05'~/V; Thence S42°04'38'M/,
279.14 feet, to a point on the north line of Auditor's Parcel 99087, in accordance with the plat recorded in
Book 40, at Page 339, of the records of the Johnson County Recorder's Office; Thence S89°59'58'M/,
along the north line of said Auditor's Parcel 99087, a distance of 743.14 feet, to the Northwest Corner
thereof and a point on the east line of Windsor Ridge, Part Fifteen, to Iowa City, Iowa in accordance with
the recorded plat thereof; Thence N00°29'10"W, along said east line of Windsor Ridge, Part Fifteen,
1421.47 feet; Thence N87°46'23"E, 279.45 feet, to said Point of Beginning. Said tract of land contains
30.32 acres, and is subject to easements and restrictions of record.
2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential development
that conforms to the neighborhood design polices contained within the Northeast District Plan along
with retention of a historic stone railroad bridge on the site in a manner that provides public access to
this feature. 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 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, as
well as the following conditions:
a. Owner and Applicant agree that preliminary and final plats for the eventual development of this
property will demonstrate compliance with the neighborhood design policies contained within the
Northeast District Plan, and that the City will take these policies into consideration during its
review of said plats, including the provision of a neighborhood trail along or near Ralston Creek as
illustrated in said Plan. These policies include, but are not limited to, the provision of an
interconnected street system, designing collector streets so that they are not continuous through
streets, utilizing cul-de-sac streets only where other options are not practical, designing sidewalk
and trail systems as an integral part of the neighborhood transportation system, preserving natural
features such as stream corridors, and ensuring neighborhood access to open space areas.
Other items that are encouraged by said Plan and that may be considered within said
development, but are subject to review and approval through the preliminary and final plat review
process, include the use of traditional neighborhood design concepts such as the use of narrow
street pavement, alleys, and green elements within streets such as planted medians or small
neighborhood greens.
b. Owner and Applicant shall ensure the retention of the remaining pieces of the historic stone
railroad bridge that exists on the property in a manner that provides public access to this feature
within the neighborhood.
4. The Owner and Applicant acknowledge 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 and Applicant 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.
3
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 Padies.
7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to
relieve the Owner or Applicant from complying with all applicable local, state and federal regulations.
8. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the
Ordinance rezoning the subject property, and that upon adoption and publication of the Ordinance,
this Agreement shall be recorded in the Johnson County Recorder"s Office at the Applicant's expense.
Dated this 12th day of SeptPrnhPt- ,2000.
4
LI~}~ CITY OF IOWA CITY ..~~!
· ' Ga~atts /~/
Ernest W. Lehman, Mayor
reland Clerk
JERRY F. LINDEMANN, OWNER Ap -n~ed b,:
..2
STATE OF IOWA )
) ss:
JOHNSON COUN~
S~ ~v 2000, before me,
On / Z ~ day of Nota¢ Public in and for the ~tate of Iowa, personally appeared Ernest
~ ,a
W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they
are the Mayor and Ci~ Clerk, respectively, of the Ci~ of Iowa Ci~, Iowa; that the seal a~xed to the foregoing
instrument is the corporate seal of the corporation, and that the ins~ument was signed and sealed on behalf
of the ~rporation, by authority of its Ci~ Council, as confined in (Ordinance) (Ro~lutbn) No.
oo-~ ~ passed by the Ci~ Council, on the / ~ ~ ~ day of S~-,h &~ ~- 2000, and
that Ernest W. Lehman and Madan K. Karr acknowledged the executio of the instrument ~o be their
volunta~ act and deed and the volunta~ act and deed of the ~rporation, by it voluntarily executed.
Nota~ Public in and for the St~e of Iowa
My commission expires:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this / zrZ' day of '~o,/on
and for said County, in said St ally appeare~12000, before me, the undersigned, a Notary Public in
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.
il and for the State of Iowa
My commission expires:
5
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this / 27 day of ~ ,2000, before me, the undersidned, a Notary Public in
and for said County, in said S sonally appeared John Moreland, 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.
Nota~ublic in and for the State of Iowa
My commission expires:
STATE OF IOWA )
JOHNSON COUNTY )
On this 'd,,-~. day of ~'~'~"J~er~ ,2000, before me, the undersigned, a Notary Public in
and-for said County, in said State, p ally appeared Jerry F. Lindemann, to me known to be the identical
persons named in and who executed the within and foregoing instrument, and acknowledged that he
executed the same as his voluntary act and deed.
My ~mmission expires:
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