HomeMy WebLinkAbout2002-01-22 OrdinancePrepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ01-00021)
0RDZNANCE NO. 02-4001
AN ORDINANCE TO REZONE FROM GENERAL INDUSTRIAL (I-1), TO INTENSIVE
COMMERCIAL (C1-1) ON .63 ACRES, LOCATED ON THE SOUTH SIDE OF HIGHWAY 1
WEST, WEST OF RUPPERT ROAD.
WHEREAS, the applicant, Autohaus, Ltd., has requested the said rezoning; and
WHEREAS, the proposed rezoning is compatible with the adjacent Intensive Commercial and
Community Commercial zones, and with the Highway 1 commercial corridor; and
WHEREAS, the size of said property, .63 acres, is too small to provide for uses typically allowed in
the General Industrial zone; and
WHEREAS, Iowa Code Section 414.5 (2001) 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 zoning change; and
WHEREAS, it is a policy of the Iowa City Comprehensive Plan that special care must be given to the
appearance of entranceway corridors as development occurs; and
WHEREAS, Highway 1 is the primary entrance to Iowa City from the southwest; and
WHEREAS, the property is in close proximity to the Iowa City Municipal Airport, and therefore, there
are certain restrictions on the development of the property; and
WHEREAS, the property owners acknowledge that certain conditions and restrictions are reasonable
to ensure appropriate development that helps enhance the appearance of the highway 1 corridor, helps to
minimize traffic and ensures compatibility with present Airport regulations; and
WHEREAS, at its November 1, 2001 meeting, the Planning and Zoning Commission recommended
approval of the proposed rezoning;
NOW, THEREFORE, BE IT ORDAINED BY 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 General Industrial (I-1), to Intensive Commemial (C1-1).
Commencing at the Southeast Corner of the Southwest Quarter of Section 16, Township 79 North
Range 6 West of the Fifth Principal Meridian; Thence N00 °51 '23"E, 1157.17 feet along the East Line
of said Southwest Quarter; Thence N89°08'39"W, 60.00 feet to a point on the East Line of Lot 1
Ruppert Subdivision, Part One, as recorded in Book 27 at Page 15, of the Records of the Johnson
County, Iowa Recorder's Office; Thence S00°51'23'' W, 133.69 feet to the Southeast Corner of said
Lot 1; Thence N89°08'37'', 503.31 feet along the South Line of said Lot 1 to the' Southwest corner of
said Lot 1; Thence N00°51'23"E, 226.17 feet along the West Line of said Lot 1 to the Point of
Beginning; Thence N49°57'39"W, 280.63 feet; Thence Northeasterly 184,38 feet along a 2231.90 foot
radius curve, concave Southeasterly, whose 184.33 foot chord bears N72°35'52"E; Thence
N74°57'52"VV, 44.17 feet; Thence S00°51'23"W, 7.99 feet to the Northwest Corner of said Lot 1;
Thence S00°51'23"W, 239.16 feet along the West line of said Lot 1, to the Point of Beginning. Said
Tract of Land contains 27,283 square feet, more or less and is subject to Easements and Restriction
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.
Ordinance No. 02-4001
Page 2
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed
to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the owner of the property
and the City, following passage and approval of this ordinance.
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. REPEALER. All ordinances and pads of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, prevision or pad 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.
Pa_~d approved this 22ndday of...., January ,200~.
ClTY~%ERK
Approved by
~/C~ ~('tt~r~ey~--Office
Share6/pcdlshelleylREZO1_OOO21AutohauslREZO1_OO21ord.doc
Ordinance No. 02-4001
Page 3
It was moved by. Vanderhoef and seconded by 0 ' Donne] 1 . that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
× O'Donnell
× Pfab
X Vanderhoef
X Wilbum
First Consideration 12/11/01
Vote for passage: AYES : W`i]burn, Champ`ion, Kanner, Lehman, O'Donne]], Pfab,
Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration 1/8/02 (7/0)
Voteforpassage:AYES: Kanner, Lehman, O'Donnel], Pfab, Vanderhoef, Wi]burn,
Champ'ion. NAYS: None. ABSENT: None.
Date published 1/30/02
Prepared by: Shelley McCafferty, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (3'19) 356-5243
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between Autohaus, Ltd. (hereinafter "Owner") and the City of Iowa
City, Iowa, a municipal corporation (hereinafter "City"); and
WHEREAS, Owner has requested the City rezone approximately .63 acres located at 809 Highway 1
West from I-1, General Industrial, to C1-1, Intensive Commercial; and
WHEREAS, the proposed rezoning is compatible with adjacent commercial zoning to the east and south,
and with the commercial character of the Highway 1 Corridor; and
WHEREAS, the size of said property, .63 acres, is too small to provide for uses typically allowed in the
General Industrial zone; and
WHEREAS, Iowa Code 414.5 (2001) 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 related to the requested zoning change; and
WHEREAS, the City of Iowa City has a policy to preserve and enhance the entrances to the city; and
WHEREAS, Highway 1 is the pdmary entrance to Iowa City from the southwest; and
WHEREAS, the approximate .63 acre property is in close proximity to the Iowa City Municipal Airport, and
therefore, there are certain restrictions on the development of the property; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to ensure
appropriate development, to help ensure development does not detract from the appearance of the
Highway 1 Corridor, and to ensure development is in compliance with laws and regulations governing the
property due to its close proximity to the Iowa City Municipal Airport; and
WHEREAS, Owner and City acknowledge that similar conditions have been placed on other properties
within the Highway 1 Corridor; and
· Autohaus, Ltd. Conditional Zoning Agreement
Page 2
WHEREAS, Owner agrees to use this property in accordance with the terms and conditions of the
Conditional Zoning Agreement to ensure appropriate development of this property.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as
follows:
1. Autohaus, Ltd. is the owner and legal title holder of property located at 809 Highway 1 West and
northwest of the Iowa City Municipal Airport, more particularly described as follows:
Commencing at the Southeast Corner of the Southwest Quarter of Section 16, Township 79
North Range 6 West of the Fifth Principal Meridian; Thence N00 °51 '23"E, 1 '157.17 feet along
the East Line of said Southwest Quarter; Thence N89°08'39"W, 60.00 feet to a point on the
East Line of Lot 1 Ruppert Subdivision, Part One, as recorded in Book 27 at Page 15, of the
Records of the Johnson County, Iowa Recorder's Office; Thence S00°51'23" W, 133.69 feet to
the Southeast Corner of said Lot 1; Thence N89°08'37'', 503.31 feet along the South Line of
said Lot 1 to the Southwest corner of said Lot 1; Thence N00°51'23"E, 226.17 feet along the
West Line of said Lot 1 to the Point of Beginning; Thence N49°57'39"W, 280.63 feet; Thence
Northeasterly 184,38 feet along a 2231.90 foot radius curve, concave Southeasterly, whose
184.33 foot chord bears N72°35'52"E; Thence N74°57'52'~V, 44.17 feet; Thence
S00°51'23"W, 7.99 feet to the Northwest Corner of said Lot 1; Thence S00°51'23"W, 239.16
feet along the West line of said Lot 1, to the Point of Beginning. Said Tract of Land contains
27,283 square feet, more or less and is subject to Easements and Restriction of record.
2. The parties acknowledge that Iowa City has a policy, as stated in the Comprehensive Plan, to
preserve and enhance entrances to Iowa City. Owners agree and acknowledge that this policy is
reasonable, proper and appropriate under the circumstances.
3. Owner acknowledge that the City's policy concerning entrances govern§ this rezoning request
and, therefore, agrees to certain conditions over and above City regulations may be imposed in
order to lessen the impact of the development on the surrounding area.
4. In order to provide for attractive development at the southwest entranceway to Iowa City, to
ensure the coordinated development of the above-described land so as to minimize traffic
conflicts and congestion in the area, and to ensure that development on the property complies
with laws and regulations governing development of the property due to its close proximity to the
Autohaus, Ltd. Conditional Zoning Agreement
Page 3
Iowa City Municipal Airport, Owner agrees that the development of the subject property will
conform to the following conditions:
a. Any proposed development on the property shall not have direct vehicular access onto
Highway 1. Access to the property shall be through access drives from adjacent
properties.
b. No outdoor storage of merchandise or material, except for that associated with auto
vehicle sales, plant nurseries and florists shops, shall occur within 100 feet of the Highway
1 right of way. Storage areas beyond 100 feet of the Highway 1 right of way shall be
screened from view with a solid wall at least six feet in height, and a landscape bed at
least 15 feet in depth shall be located adjacent to any such wall between the wall and the
Highway 1 right of way.
c. Loading docks shall not be located on any building wall or other wall facing Highway 1.
Loading docks shall be screened or located so they are obscured from vision from
Highway 1.
d. All parking rows, including those for car or truck sales, shall be terminated with a
landscaped bed nine feet in depth. The landscaped bed shall be planted with parking lot
trees which may count toward the parking lot trees otherwise required by the City.
Ornamental trees may be used if the mature height of large trees is found to potentially
penetrate the minimum obstruction clearance height for the Iowa City Municipal Airpod.
e. There shall be a 30-foot setback from Highway 1 that shall be landscaped with ground
cover. No parking or display of merchandise or paving other than sidewalks shall be
permitted in this 30-foot setback.
f. In order to minimize the potential for a blank wall to face Highway 1, the building wall or
wails facing Highway 1 shall be constructed of masonry, including brick, stone, dressed
concrete block, and/or stucco or like material when used in combination with a masonry
finish, or of architectural metal exterior wall materials in combination with a masonry finish.
Alternatively, a minimum of 30% of the building wall shall be window openings or windows
spaced at least every 50 feet along the wall, or other changes in the pattern of the wall
surface may be approved, provided the majority of the wall is masonry or like material, or
Autohaus, Ltd. Conditional Zoning Agreement
Page 4
architectural metal in combination with masonry, with approval of a site plan by the
Director of Planning and Community Development.
g. Any and all development shall comply with all local, state and federal laws and governing
the development of the property due to its close proximity to the Iowa City Municipal
Airpod.
5. The Owner agrees that every development proposed on the subject property 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 approve
the concept plan based on the criteria listed herein. The director may approve a concept plan
containing minor modifications to the criteda listed above, provided the modifications satisfy the
intent of the criteria. Decisions of the Director may be appealed to the City Council after review
and a repod by the Planning and Zoning Commission.
6. The Owner acknowledges that the conditions contained herein are reasonable conditions to
impose on the land under Iowa Code 414.5 (2001), and that said conditions satisfy public needs
which are directly caused by the requested zoning change.
7. In the event that the subject property is transferred, sold, redeveloped, or subdivided, all
redevelopment will conform with the terms of this conditional zoning agreement.
8. 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 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.
9. 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.
10. 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 City
expense.
' Autohaus, Ltd. Conditional Zoning Agreement
Page 5
Dated this 22nd dayof Januar.y ,2002.
' Autohaus, Ltd. Conditional Zoning Agreement
Page 6
KENNE~TH E. WILLIAMSON, President,
Au[ohaus, Ltd. Ernest W. Lehman, Mayor
Marian K. Karr, City Clerk
Appr~~,.~
City ~;dorney's
STATE OF IOWA )
)
COUNTY OF JOHNSON )
On this a~ 7 day of '~0b~'t//~.lf-~., 2001, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Kenneth E. Williamson, to me personally
known, who being by me duly sworn, did say that he is the President 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
Kenneth E. Williamson as an officer acknowledgectthe~e .x?,cufion of the foregoing instrument to be
the voluntary act and deed of the corporation, byfffand by him volnnta~ily executed.
I..-~ ~.1 *mr,~ ~m~ ~47~ ! 4otary PubJi~[ in and for the State of Iowa
Autohaus, Ltd. Conditional Zoning Agreement
Page 7
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
On this ~ day of ~--~,~J{¢A~y , 200~', before me,
~¢c~ , a Notary 'Public in and for the State of Iowa, personally appeared
Ernest 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 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) (ReeolMion) No. o ~-~-~o~ passed by the City Council, on the c~o~ day of
~"~'~c<~,~y , 200~a~d 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.
gocj' $ONDRAE FORT J
ICommiss~on Number 159791[ ~ l~"~t'~"~
~*.~["J MyCommlsslon Expires J Notary Public in and for the State of Iowa
I 'tSt~l .~- 7-~ I
My commission expires:
Shared/PC D/shelley/RE~01430021 aul~ha us/REZ01 ~002 $ cza.doc
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (VAC01-00003)
ORDINANCE NO.
AN ORDINANCE VACATING WEST BENTON COURT NORTH OF BENTON STREET
WHEREAS, the City of Iowa City has received a request from Oaknoll Retirement
Residence to vacate West Benton Coud, approximately 15,577 square feet of public right-of-
way north of Benton Street; and
WHEREAS, Oaknoll Retirement Residence owns all propedies abutting West Benton
Coud; and
WHEREAS, vacating West Benton Court will not interfere with access to or from any other
property, nor will it interfere with traffic circulation in the neighborhood; and
WHEREAS, necessary utility and emergency vehicle easements will be obtained.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. VACATION. The City of Iowa City hereby vacates the right-of-way legally
described as follows:
All of West Benton Court as shown on the plat of Streb's First Addition to Iowa City, Iowa, plat
recorded in Plat Book 4, Page 401 at the Johnson County Recorder's Office, containing 15,577
square feet more or less.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions 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 unconsti-
tutional.
SECTION IV. 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
A'FFEST:
CITY CLERK
Approved by
ppdadmin\ord\vacatewbenton doc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as road be adopted, and upon roll call thero were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 12/11/01
Voteforpassage:AYES: Champion, Kanner, O'Donne]], Vanderhoef, Wi]burn. NAYS: Pfab
ABSENT: Lehman.
Second Consideration 1/8/02 (5/1)
Voteforpassage: AYES: O'Donnell, Vanderhoef, Wilburn, Champion,Kanner.
NAYS: Pfab. ABSENT: Lehman.
Date published
Prepared by: Robert Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ99-0017)
ORDINANCE NO. 02-4002
AN ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING
REGULATIONS OF APPROXIMATELY 38.24 ACRES FROM LOW DENSITY SINGLE-FAMILY,
RS-5, COUNTY HIGHWAY COMMERCIAL, CH, COUNTY LOCAL COMMERCIAL, C-1 AND
COUNTY MULTI-FAMILY, R3-A TO COMMUNITY COMMERCIAL, CC-2 (10.99 ACRES),
MEDIUM DENSITY SINGLE-FAMILY, RS-8 (21 ACRES}, AND LOW DENSITY SINGLE-
FAMILY, RS-5 (6.22 ACRES) FOR PROPERTY LOCATED EAST OF SCOTT BOULEVARD
AND SOUTH OF ROCHESTER AVENUE AND LOWER WEST BRANCH ROAD.
WHEREAS, the owner, Plum Grove Acres, Inc., has requested the rezoning of property which it owns
located between Rochester Avenue and Lower West Branch Road east of Scott Boulevard from its
current RS-5 designation and its current County zoning designation to CC-2, for 10.88 acres of the
property legally described below and from RS-5 and its current County zoning to RS-8 for 21 acres of
property legally described below; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezonings and has
determined that with appropriate conditions to ensure the development of this property in accordance
with the neighbor design policies of the Comprehensive Plan, including the Northeast District Plan, and
with provisions for infrastructure improvements, the proposed rezoning is in conformance with the
Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission has determined that the apprel~riate zoning
designation of approximately 6.22 acres located south of Lower West Branch Road and West of and
including Hummingbird Lane is Low Density Single-Family Residential, RS-5, without conditions; and
WHEREAS, Iowa Code Section 414.5 (2001) 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 rezoning request; and
WHEREAS, Plum Grove Acres, Inc. acknowledges that certain conditions and restrictions are
reasonable to ensure that the eventual development of the property is in accordance with the
neighborhood design policies of the Comprehensive Plan, including the Northeast District Plan, and to
ensure adequate infrastructure is provided for the area; and
WHEREAS, Plum Grove Acres, Inc. has agreed to use this property in accordan,ce 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:
.C;FC. TION I APPROVAl . Subject to the terms and conditions of the Conditional Zoning
Agreement, attached hereto and incorporated herein, the properly described below is hereby
reclassified as follows:
Ordinance No. 02-4002
Page 2
a. The following property is hereby conditionally reclassified from its current designation of RS-5 and
County zoning designations to CC-2:
Commencing at the Northwest corner of Section 7, Township 79 North, Range 5 West of Fifth
Principal Meridian, City of Iowa City, Johnson County, Iowa; Thence S00°35'42"W, along the
west line of the Northwest one-quarter of said Section 7, a distance of 964.84 feet; Thence
N76°32'52"E, 309.25 feet; Thence S00°35'42"W, 34.02 feet to a point on the southerly
right-of-way line of the Herbert Hoover Highway SE and the Point of Beginning; Thence
continuing S00°35'42"W, along said southerly right-of-way line, 28.24 feet; Thence N76°21'05"E,
along said southerly right-of-way line, 248.04 feet; Thence N73°14'51"E, along said southerly
right-of-way way line, 200.84 feet; Thence N75°51'05"E, along said southerly right-of-way line,
162.16 feet; Thence S01°19'52"W, 277.16 feet; Thence N88°40'08"W, 106.04 feet; Thence
S01°19'52'' 404.00 feet; Thence Southwesterly, 203.93 feet along an arc of a 780.00 foot radius
curve, concave Southeasterly, whose 203.35 foot chord bears S83°50'48"W; Thence
S76°21'24"W, 402.01 feet; Thence Southwesterly, 137.43 feet along an arc of a 720.00 foot
radius curve, concave northwesterly, whose 137.22 foot chord bears S81°49'30"W to a point on
the easterly right-of-way line of Scott Boulevard; Thence northwesterly 256.51 feet along
southeasterly right-of-way line and a arc of a 1050.00 foot radius curve, concave southwesterly
whose 255.87 foot chord beam N01°46'38"W; Thence N17°46'32"W, along said easterly right-
of-way line, 339.36 feet to a point an the southerly right-of-way line of Rochester Avenue;
Thence northeasterly, 115.69 feet along said southerly right-of-way line and an arc of a 5698.58
foot radius curve, concave southeasterly, whose 115.69 foot chord bears N73°18'34"E; Thence
S00°35'42"W, 292.94 feet; Thence N76°32'52"E, 183.74 feet; Thence N00°35'42"E, 297.99 to a
point on said southerly right-of-way line; Thence northeasterly, 71.44 feet along southerly
right-of-way line and an arc of a 5698.58 foot radius curve, concave southeasterly, whose 71.44
foot chord bears N76°04'49"E; Thence N75°41'02"E, along said southerly right-of-way, 54.42
feet to the Point of Beginning, containing 10.88 acres and is subject to easements and
restrictions of record.
b. The following property is hereby conditionally reclassified from its current designation of RS-5
and County zoning designations to RS-8:
Commencing at the Center of Section 7, Township 79 North, Range 5 West of the Fifth Principal
Meridian, Johnson County, Iowa; Thence N86°46'11"W, along the centerline of Lower Branch
Road SE, 1836.47 feet; Thence N01°lg'52"E, 33.02 feet to a point an the northerly line of Lower
West Branch Road SE and the Point of Beginning; Thence N86°46'11"W, along said northerly
right-of-way line, 472.36 feet; Thence northwesterly, 220.86 feet along said northerly
right-of-way line and an arc of a 542.00 foot radius curve, concave northeasterly, whose 219.34
foot chord bears N75°05'45"W to a point on the east line of Auditor's Parcel 97040 as recorded
in Plat Book 37 at Page 347 in the records of the Johnson County Recorder; Thence
N00°35'42"E, along said east line, 489.17 feet; Thence N89°24'18"W, alo, ng the north line of
said Auditor's Parcel 97040, a distance of 250.00 feet, to a point on the easterly right-of-way
line of Scott Boulevard; Thence N00°35'42"E, along said easterly right-of-way line, 398.14 feet;
Thence northwesterly, 80.15 feet along said easterly right-of-way line and an arc of 1050.00 foot
radius curve, concave southwesterly, whose 80.13 foot chord bears N01°35'32"W; Thence
northeasterly, 137.43 feet along an arc of a 720.00 foot radius curve, concave nodhwesterly,
whose 137.22 foot chord beam N81°49'30"E; Thence N76°21'24"E, 402.01 feet; Thence
northeasterly, 203.93 feet, along an arc of a 780.00 foot radius curve, concave southeasterly,
whose 203.35 foot chord bears N83°50'48"E; Thence S88°40'08'E, 225.47 to the Northwest
corner of Lot 2 of Tegler Subdivision, as recorded in Plat Book 25 at Page 42, records of
Johnson County, Iowa; Thence S01°19'52"W, along the westerly line of said Lot 2, a distance of
1184.21 feet to said Point of Beginning containing 21.00 acres and subject to easements and
restrictions of record.
Ordinance No. 02-4002
Page 3
c. The following property is hereby reclassified from its current designation of County Suburban
Residential RS to RS-5 without being subject to the terms and conditions of the Conditional Zoning
Agreement:
Commencing at the Northwest Corner of the Southwest Quarter of Section 7, Township 79
Nodh, Range 5 West of the Fifth Principal Meridian; Thence S00°53'02"E, along the West Line
of said Southwest Quarter, 602.83 feet; Thence N89°06'58"E, along the North Line of Lot 68 of
Scott Boulevard East Part Three, in accordance with the Recorded Plat thereof, 300.00 feet, to
the Point of Beginning; Thence N00°53'02"W, along a line parallel with and 300.00 feet normally
distant Easterly of the West Line of said Southwest Quarter, 621.86; Thence S58°34'39"E, 72.74
feet, to a Point on the North Line of said Southwest Quarter; Thence S87°41'39"E, along said
North Line, 410.75 feet, to its intersection with the West Line of Hoyle's First Subdivision, in
accordance with the Recorded Plat thereof; Thence S00°40'27"E, along said West Line, 559.62
feet, to the Northeast Corner of Scott Boulevard East - Part Four, in accordance with the
Recorded Plat thereof; Thence S89~06'58"W, along the North Line of said Scott Boulevard East
Port Four, and the North Line of said Scott Boulevard East - Part Three, 469.70 feet, to the Point
of Beginning. Said Annexation Parcel contains 6.22 Acres, more or less and is subject to
easements and restrictions of record.
SECTION II ?ONING 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.
SFCTION III CONDITIONAl ZONING AGREEMENT. Following final passage and approval of
this ordinance, the Mayor is hereby authorized and directed to sign, and City Clerk to attest, the
Conditional Zoning Agreement between the applicant and the City.
SECTION IV CFRTIFICATION 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 REPEAl ER. All ordinances and parts of ordinances in conflict with the provision of
this ordinance are hereby repealed.
SFCTION VI REVERARII ITY. 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 EFFFCTIVE DATF. This ordinance shall be in effect after its final passage,
approval and publication, as required by law.
(..~f~~~j,~,dandapprovedthis 2_._~ayof Januar',y ,2002
CITY CLERK
Ap
City Att~ r n ey's"~..f~:'e /
ppdadrnin/ord/plumgrove dec
Ordinance No. 02-4002
Page 4
It was moved by Champi on and seconded by 0' Donne1 'l that the Ordinance
as mad be adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
'~' Wilbum
First Consideration 8/21/01
Voteforpassage:AYES: Vanden'hoer, ~H'lburn, Champion, Kanne~-, Lehman, O'Donne]].
NAYS: Pfab. ABSENT: None.
Second Consideration 9/11/01
Voteforpassage:AYES: O'Donne]], Pfab, VAnderhoef, l~i]burn, Champion,Kanne~-,
Lehman. NAYS: None. ABSENT: None.
Date published 1/30/02
Prepared by: Bob Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Plum Grove Acres, Inc. (hereinafter "Applicant").
WHEREAS, Applicant is owner and legal title holder of approximately 31.88 acres of property
located south of Rochester Avenue and east of Sc, oft Boulevard; and
WHEREAS, the Applicant has requested rezoning of this property from Low Density Single
Family, RS-5, County Highway Commemial, CH, County Local Commemial, C-1, and County
Multi-Family, R3-A, to Community Commercial, CC-2 (10.88 acres) and Medium Density Single-
Family Residential, RS-8 (21 acres); 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 with previsions for street improvements, the proposed
rezoning is in conformance with the Northeast District Plan, which is part of the Comprehensive
Plan; and
WHEREAS, Iowa Code Section 414.5 (2001) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over 'and above existing
regulations, in order to satisfy public needs directly caused by the requested change; and
WHEREAS, the Applicant acknowledges that certain conditions and restrictions are reasonable to
ensure that the development of the property is in accordance with the neighborhood design
policies of the Northeast Distdct Plan and to ensure that adequate streets are in place to serve the
property; and
Plum Grove Acres, Inc. Conditional Zoning Agreement
Page 2
WHEREAS, the Owners 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 the mutual promises contained herein, the Parties agree
as follows:
1. Plum Grove Acres, Inc. is the owner and legal title holder of the property legally described
as follows:
LEGAL DESORIPllON FOR PROPO~ Z0N~IG PARC~. CC-2
y~- ~ , ~ ~ -
~ ~ ~ ~ f~ ~ ~ ~ ~ S76~124 W,
~t-~wo~ I~ of ~tt O~ ~ n~, ~.51 ~t d~9 ~
~ ~87 f~ ~ ~ ~'~ ~ g17~'~. ~ ~ ~y ~t -
~-~ ~ ~.~ ~ ~ o ~t ~ ~ ~y ~t~f-~y ~ of ~ A~
,~G~ ~P~ F~ ~ 2~NG P~ R~8
~y ~-~ ~ ~ m ~.~a ~ ~ ~ ~ ~ n~.
~ N~4~ ~ ~ ~ ~ ~.17 ~ ~ ~4'1~, d~ ~e ~
~~ ~_~m~ofa~f~~
to ~e~w~t~of~ 2ofT~~,~r~b~Qt~25
~t~y I~e of ~ ~t ~ a ~ of 11~ ~ to ~ P~t of
Plum Grove Acres, Inc. Conditional Zoning Agreement
Page 3
2. Owners and Applicant acknowledge that the City wishes to ensure appropriate commercial
and residential development that conforms to the neighborhood design policies contained
within the Northeast District Plan. Further, the parties acknowledge that Iowa Code Section
414.5 (2001) 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, including provisions for
adequate infrastructure necessary to support urban development. Therefore, Owners 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, Applicant agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. Applicant agrees that preliminary and final plats and site plans for the eventual
development of this property will demonstrate compliance with the neighborhood
design policies contained within the Comprehensive Plan, including the Northeast
District Plan, and that the City will take these policies into consideration during its
review of said plats and plans.
b. Applicant agrees that the CC-2 property shall develop in general conformance with
the concept plan attached hereto and incorporated herein. Any subdivision or site
plan shall generally conform to this concept plan and shall be designed to create a
Main Street or Town Square style commercial center. The commercial center shall be
designed with a pedestrian orientation incorporating such features as on-street
parking, parking lots behind buildings, minimal or no building setback from sidewalks
and upper floor residential uses.
c. Applicant agrees that pdor to the development of the RS-8 property, the applicant or
future property owner shall submit and obtain approval of a Planned Development
Housing Overlay (OPDH), which will adhere to the neighborhood design policies of
the Comprehensive Plan, including the Northeast District Plan.
d. Prior to any plats or development being approved on the property with frontage on
Lower West Branch Road or within 500 feet of Lower West Branch Road, the
reconstruction of Lower West Branch Road must be in a funded year in Iowa City's
Capital Improvements program. Additionally, prior to any plats or development being
Plum Grove Acres, Inc. Conditional Zoning Agreement
Page 4
approved for the property with frontage on Lower West Branch Road or within 500
feet of Lower West Branch Road, the Applicant must contribute funds toward the
reconstruction of Lower West Branch Road to the City. The Applicant agrees that the
amount of funds to be contributed by Applicant to City toward the reconstruction of
Lower West Branch Road is $86,652.
e. Applicant agrees to dedicate to City 45 feet of right-of-way south of the centedine of
Rochester Avenue along Rochester Avenue.
f. Applicant agrees to dedicate to City 33 feet of right-of-way south of the centerline of
Lower West Branch Road along Lower West Branch Road.
g. Applicant agrees to install a curb and gutter along the edge of the existing pavement
and an 8-foot wide sidewalk on the south side of Rochester Avenue in conjunction
with the development of the CC-2 property. Applicant agrees that it shall bear all
expense for these improvements and said improvements shall be constructed in
accordance with the City's specifications.
h. Applicant agrees to provide an easement, without compensation, for a sewer main at
a location and along a route mutually acceptable to the Applicant and the City of Iowa
City to serve the Iowa City Care Facility property.
4. The Applicant acknowledges that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code Section 414.5 (2001), and that said
conditions satisfy public needs which are directly caused by the requested zoning change.
5. The Applicant acknowledges that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a
covenant running with the land and with title to the land, and shall remain in full force and
effect as a covenant with 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.
Plum Grove Acres, Inc. Conditional Zoning Agreement
Page 5
7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owners 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 '~V/''~' day of July, 2001.
l~a~nk Boyd, President ' 7' Ernest W. Lehman, Mayor
Mar~n K. Karr, City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 31st day of July, A.D. 2001, before me, the undersigned, a Notary ,Public in and for the
State of Iowa, personally appeared Frank Bo~d,,to me personally known, who, being by me duly
sworn, did say that he is the President o~"~'d'"~orporation 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 on behalf of said corporation by authority of its Board of Directors; and
that the said President as such officer acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by him voluntarily executed.
~ Commi~on Number 7048?5
IL~L'I My Comrnlulon F. xp/re~ I "l~ot~-~ Pu~,t~ar~ci for said CoUnty and State
I-~rl August 30~ 2003 J
Plum Grove Acres, Inc. Conditional Zoning Agreement
Page 6
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
On this 5t J- day of J,',~,~t,~'.,j ,200~, before me, ~,
r/~'o,-f , a ,'Notary Public in and for the State of Iowa, personally
appeared Ernest W. Lehman and Marian K. Kart, 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 (Ordina~nce) (Re~.e!;!tioq) No. 02- ~o~ ~ passed by the City Council,
on the ~F~ day of dA,~.Np ~/ , 200,~, ~d 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.
,,.~ ~'. I SONDRAE FORT
I ~o-j~ ~.lCommi~ on Number 159791~
I? ~ ~'1 My Commission E~, Ires I
/~[__ ,~ ~ -7~ ~.~ ~ Notary Public in and for the State of Iowa
My commission expires:
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ01-00004)
ORDINANCE NO. 02-4003
AN ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING
REGULATIONS OF APPROXIMATELY 105.2 ACRES OF PROPERTY FROM SUBURBAN
RESIDENTIAL, COUNTY RS, TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL, RS-5
(45.08 ACRES), AND MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL, RS-8 (60.13
ACRES) FOR PROPERTY LOCATED NORTH OF COURT STREET, SOUTH OF LOWER
WEST BRANCH ROAD, AND EAST OF HUMMINGBIRD LANE.
WHEREAS, the owners, Robert Lindemann, Charles Lindemann, and Ruth Kabela, et al, are the
owners and title holders of approximately 95.2 acres of property located north of Court Street,
south of Lower West Branch Road, and east of Hummingbird Lane/Scott Park Drive; and
WHEREAS, the applicant, Southgate Development Company, on behalf of the owners, has
requested the voluntary annexation of the 95.2 acre tract into the City of Iowa City, and its
rezoning from Suburban Residential, County RS, to Low Density Single-Family Residential, RS-5
(35.08 acres) and Medium Density Single-Family Residential, RS-8 (60.13 acres); and
WHEREAS, additionally, at the request of City, the applicant has amended their application to
include the annexation and rezoning of an additional approximate 10 acre tract located south of
Lower West Branch Road and east of Hummingbird Lane, requesting that the same be rezoned
from Suburban Residential, County RS, to Low Density Single-Family Residential, RS-5; and
WHEREAS, in accord with the principles outlined in Iowa Code Chapter 368, the properties on the
east side of Hummingbird Lane are proposed to be annexed to avoid the creation of irregular City
boundaries, and to avoid the creation of an island of unincorporated properties almost entirely
surrounded by incorporated properties; 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 with provisions for infrastructure improvements such as
sewer extensions and financial contributions toward the improvement of ,Lower West Branch
Road, the proposed rezoning is in conformance with the Northeast District Plan, which is part of
the Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission has determined that the appropriate zoning
designation of the approximately 10 acres of Single-Family Residential properties on the east side
of Hummingbird Lane is Low Density Single-Family Residential, RS-5, without conditions; and
WHEREAS, Iowa Code Section 414.5 (2001) 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 rezoning request; and
WHEREAS, the owners of the 95.2 acre tract and the applicant acknowledge that certain
conditions and restrictions are reasonable to ensure that the eventual development of the property
Ordinance No. 02-4003
Page 2
is in accordance with the neighborhood design policies of the Northeast District Plan, and to
ensure adequate infrastructure is provided for the area; and
WHEREAS, the owner and applicant of the approximate 95.2 acre tract have agreed to use this
properly 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 reclassified from its current designation of County Suburban
Residential (RS) to Medium Density Single-Family Residential (RS8):
Commencing at the Northeast Corner of the Southwest Quarter of Section 7, Township 79
North, Range 5 West, of the Fifth Principal Meridian; Thence S00°05'18"E, along the East
Line of said Southwest Quarter, and the West Line of Windsor Ridge Part Fifteen, in
accordance with the Plat thereof as Recorded in Plat Book 41, at Page 212, of the
Records of the Johnson County Recorder's Office, 2334.24 feet, to its intersection with the
Northerly Right-of-Way Line of Court Street; Thence S80°04'52"W, along said Nodherly
Right-of-Way Line, 14.62 feet; Thence Southwesterly, 203.49 feet, along a 1040.00 foot
radius curve, concave Southeasterly, whose 203.16 foot chord bears S74°28'33"W;
Thence S68°52'14"W, along said Northerly Right-of-Way Line, 114.88 feet; Thence
Southwesterly, 372.64 feet, along a 960.00 foot radius curve, concave northwesterly,
whose 370.30 foot chord beam S79°59'27"W; Thence N88053'21"W, along said Northerly
Right-of-Way Line, 220.06 feet; Thence Nll°25'10"W, 1712.92 feet; Thence
N02°18'21"E, 541.36 feet, to the Southwest Corner of a "Plat of Survey" as Recorded in
Plat Book 8, at Page 35, of the Records of the Johnson County Recorder's Office; Thence
S87°41'39"E, along the South Line of said "Plat of Survey", 496.30 feet, to the Southeast
Corner thereof; Thence N02°lS'21"E, along the East Line of said "Plat of Survey", 321.40
feet, to the Northeast Corner thereof, and a Point on the North Line of said Southwest
Quarter; Thence S87°41'39"E, along said North Line, 707.0 feet, to the Point of Beginning.
Said RS8 rezoning parcel contains 60.13 acres, more or less, 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 Southwest Quarter of Section 7, Township 79
North, Range 5 west, of the Fifth Principal Meridian; Thence N87°41'39"W, along the
North Line of said Southwest Quarter, 1203.80 feet, to the Nodhwest Corner of the "Plat of
Survey" in accordance with the Plat thereof Recorded in Plat Book 8, at Page 35, of the
Records of the Johnson County Recorder's Office and the Point of Beginning; Thence
S02°18'21"W, along the West Line of said "Plat of Survey", 321.40 feet, to the Southwest
Corner thereof; thence continuing S02°18'21"W, 541.36 feet; Thence Sl1°25'10"E,
1712.92 feet, to a Point on the North Right-of-Way Line, of Court Street; Thence
N88°53'21"W, along said North Right-of-Way Line, 551.26 feet; Thence Southwesterly,
79.77 feet, along said North Right-of-Way Line on a 1440.00 foot radius curve, concave
Southeasterly, whose 79.76 foot chord beam S89°31'26"W; Thence S87056'13"W, along
said North Right-of-Way Line, 103.03 feet; Thence Southwesterly, 75.34 feet, along said
Ordinance No. 02-4003
Page 3
North Right-of-Way Line on a 1360.00 foot radius curve, concave Northwesterly, whose
75.33 foot chord bears S89°31'26"W; Thence N88°53'21"W, along said North Right-of-
Way Line, 9.02 feet, to the Southeast Corner of Scott Boulevard East - Part Two, in
accordance with the Plat thereof Recorded in Plat Book 33, at Page 25, of the Records of
the Johnson County Recorder's Office; Thence N00°39'55"W, along the East Line of said
Scott Boulevard East - Part Two, the East Line of Auditor's Parcel 95-004, in accordance
with the Plat thereof Recorded in Plat Book 35, at Page 17 of the Records of the Johnson
County Re¢order's Office, the East Line of Scot Boulevard East, part Four, in accordance
with the Recorded Plat thereof; 1094.26 feet, to the Northeast Corner of said Scott
Boulevard East Part Four; Thence S89°06'58"W, along the North Line of said Scott
Boulevard East, Part Four, a distance of 3.56 feet, to the Southeast Corner of a Parcel of
Land as Conveyed by Warranty Deed as Recorded in Deed Book 1211, at Page 60 of the
Records of the Johnson County Recorder's office; Thence N00°21'18"E, along the East
Line of said Conveyed Parcel, and the East Line of Lyman Subdivision, in accordance with
the Plat thereof Recorded in Plat Book 31, at Page 246 of the Records of the Johnson
County Recorder's Office, 530.00 feet, to the Nodheast Corner of said Lyman Subdivision,
and the Southeast Corner of a Parcel of Land conveyed by Warranty Deed as recorded in
Deed Book 453, at Page 167 of the Records of the Johnson County Recorder's Office;
Thence N01°00'12"W, along the East Line of said Conveyed Parcel, and the East Line of
a Parcel of Land conveyed by Warranty Deed as Recorded in Deed Book 446, at Page
261, of the Records of the Johnson County Recorder's Office, 280.14 feet, to the
Northeast Corner thereof, and the Southeast Corner of a Parcel of Land conveyed by
Warranty Deed as Recorded in Deed Book 1029, at Page 395 of the Records of the
Johnson County Recorder's office; Thence N00°51'17"W, along the East Line of said
Conveyed Parcel, 108.92 feet, to the Northeast Corner thereof; Thence N00°49'22"W,
325.93 feet, to the Southwest Corner of a Parcel of Land conveyed by Warranty Deed as
Recorded in Deed Book 329, at Page 313, of the records of the Johnson County
Recorder's Office; Thence S87°42'15"E, along the South Line of said Conveyed Parcel,
106.01 feet, to the Southeast Corner thereof; Thence N01°00'15"W, along the East Line of
said Conveyed Parcel, 218.01 feet, to the Northeast Corner thereof, and a Point on the
North Line of said Southwest Quarter, Thence S87°41'39"E, along said North Line, 436.24
feet, to the Point of Beginning. Said Rezoning Parcel contains 35.08 acres, more or less,
and is subject to easements and restrictions of record.
c. The following property is hereby reclassified from its current designation of County Suburban
Residential (RS) to Low Density Single-Family Residential (RS-5) without being subject to the
terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated
herein:
Commencing at the SW corner of Section 7-79-5 proceed northerly 1125.,12; and easterly
769.7' to point of beginning; thence easterly 303.59'; northerly 1431.84' to C/L of Lower
West Branch Road; westerly along the Center line of Lower West Branch Road 302.7';
then southerly 1448.3' to 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. CONDITIONAL ZONING AGREEMENT. Following final passage and approval
of this ordinance, the Mayor is hereby authorized and directed to sign, and City Clerk to attest,
the Conditional Zoning Agreement between the property owners and applicant of the 95.2 acre
tract requested for voluntary annexation 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
Ordinance No. 02-4003
Page 4
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.
_~_s.,,~/~..and approved this 22nd day o_f Januar,y .20 02
~--~¢'AYO R
CITY'CLERK
ppdadmin/o~d~indema nnkabela.doc
Ordinance No. 02-4003
Page 5
It was moved by 0' Donne11 and seconded by Vanderhoef 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 8/21/01
Voteforpassage: AYES: Champion, Kanner, Lehman, O'Donne]], Vanderhoef,
Wi]burn. NAYS: Pfab. ABSENT: None.
Second Consideration 9/11/01
Voteforpassage:AYES: Pfab, Vanderhoef, Wi]burn, Champion, Kannet', Lehman,
O'Donne]]. NAYS: None. ABSENT: None.
Date published
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Robert Lindemann, Chades Lindemann and Ruth Kabela, et al (hereinafter
"Owners") and Southgate Development Company (hereinafter "Applicant"); and
WHEREAS, Owners are owners and legal title holders of approximately 95.2 acres of property located
north of Court Street, south of Lower West Branch Road, and east of Hummingbird Lane/Scott Park
Drive; and
WHEREAS, the Applicant, on behalf of the Owners, has requested the voluntary annexation of the
approximately 95.2 acre tract and the rezoning of this property from County RS, Suburban
Residential, to Low Density Single-Family Residential, RS-5, (35.08 acres) and Medium Density
Single-Family Residential, RS-8 (60.13 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 that the development of the property in accordance with the neighborhood design policies of
the Northeast Distdct Plan, and with provisions for infrastructure improvements such as sewer
extensions and financial contributions toward the improvement of Lower West Branch Road, the
proposed rezoning is in conformance with the Northeast District Plan, which is part of the
Comprehensive Plan; and
WHEREAS, Iowa Code Section 414.5 (2001) 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 Owners and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure that the development of the property is in general accordance with the
neighborhood design policies of the Northeast District Plan; and
Lindemann Conditional Zoning Agreement
Page 2
WHEREAS, the Owners 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 the mutual promises contained herein, the Parties agree as
follows:
1. Robert Lindemann, Charles Lindemann, and Ruth Kabela et al are the owners and legal title
holders, and Southgate Development Company is the contract purchaser of a portion of the
property legally described as follows:
The East 100 acres of the Southwest Quarter of Section 7, Township 79 North, Range
5 West of the 5th P.M., except for the following described tracts:
Tract 1:
Commencing at the North East corner of the South West one-quarter of section 7,
Township 79, North, Range 5 West of the fifth principal meridian in Johnson County,
Iowa; thence North 87 Degrees 45 minutes West along the north line of the said South
West one-quarter for a distance of 707.5 feet to the point of beginning, thence South 2
degrees 15 minutes West for a distance of 321.4 feet, thence North 87 degrees 45
minutes West for a distance of 247.2, thence North 2 Degrees 15 minutes East for a
distance of 321.4 feet, thence South 87 degrees 45 minutes East along the North line
of the said South West one-quarter for a distance of 247.2 feet to the point of
beginning; containing an area of 1.82 acres more or less,
Tract 2:
Commencing at the N.E. comer of the S.W., 1/4 Section 7 Twp. 79 North, Range 5
West of the 5th P.M.; thence North 87045'' West along the North line of said S.W. ¼ for
a distance of 1203.8 feet to the N.W. comer of Tract #2 of survey in said S.W. %
Section 7-79-5 recorded in Plat Book 8, page 35, Plat Records of Johnson County,
Iowa; thence on North 87045. West along said North line of said S.W. '~ 436 feet to the
point of beginning; thence from said point of beginning, South 1°3' East, 218 feet;
thence North 87045' West 100 feet; thence North 1°03.. West 218 feet to the North line
of said S.W. %; thence South 8705. East 100 feet to the point of beginning, containing
one-half acre more or less subject to easements and restrictions of record,
Tract 3:
Commencing at the Northeast corner of the Southwest one-quarter of section 7,
Township 79 North, Range 5 West of the fifth Principal Meddian in Johnson County,
Iowa; thence North 87 degrees 45 minutes West along the North line of said south
West one-quarter for a distance of 954.7 feet to the point of beginning, thence South 2
degrees 15 minutes West for a distance of 321.4 feet, thence North 87 degrees 45
Lindemann Conditional Zoning Agreement
Page 3
minutes West for a distance of 249.1 feet, thence North 2 degrees 15 minutes East for
a distance of 321.4 feet, thence South 87 degrees, 45 minutes East along the North
line of the said South West one-quarter for a distance of 249.1 feet to the point of
beginning; containing an area of 1.84 acres more or less.
Tract 4:
Beginning at the Southeast Corner of the Southwest Quarter of Section 7, Township 79
North, Range 5 West, of the Fifth Principal Meridian; Thence N88°43'59"W, along the
South Line of said Southwest Quarter, 1036.36 feet; Thence S14°38'50"W, 2.38 feet,
to the Northeast Corner of Scott Boulevard East, Part One, in accordance with the Plat
thereof Recorded in Plat Book 31, at Page 131, of the Records of Johnson County
Recorder's Office; Thence N88°53'21"W, along the North Line of said Scott Boulevard
East, Part One, a distance of 683.17 feet; thence NO0°39'55"W, along said North Line,
and the East Line of Scott Boulevard East, Part Two, in accordance with the Plat
thereof Recorded in Plat Book 33, at Page 225, of the Records of Johnson County
Recorder's Office, 75.04 feet; Thence S88°53'21"F, 9.02 feet; Thence Northeasterly,
75.34 feet, along a 1360.00 foot radius curve, concave Northwesterly, whose 75.33
foot chord bears N89°31'26"E; Thence N87°56'13"E, 103.03 feet: Thence
Northeasterly, 79.77 feet, along a 1440.00 foot radius curve, concave Southeasterly,
whose 79.76 foot chord bears N89°31'26"E; Thence S88°53'21"E, 771.32 feet: Thence
Northeasterly, 372.64 feet, along a 960.00 foot radius curve, concave Northwesterly,
whose 370.30 foot chord bears N79°59'27"E; Thence N68°52'I4"E, 114.88 feet; Thence
Northeasterly, 203.49 feet, along a 1040.00 foot radius curve, concave Southeasterly,
whose 203.16 foot chord bears N74°28'33"E: Thence NS0°04'52"E, 14.62 feet, to a
Point on the East Line of said Southwest Quarter of Section 7; Thence S00°05'18"E,
along said East Line, 261.42 feet, to the Point of Beginning. Said Parcel of land
contains 4.45 acres, more or less, and is subject to easements and restrictions of
record.
Resultant tract contains 105.04 Acres more or less and is subject to easements and
restrictions of record.
2. Owners and Applicant acknowledge that the City wishes to ensure appropriate residential
development that generally conforms to the neighborhood design policies contained within the
Northeast District Plan. Further, the parties acknowledge that Iowa Code Section 414.5 (2001)
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, including provisions for adequate infrastructure
necessary to support urban development. Therefore, Owners 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:
Lindemann Conditional Zoning Agreement
Page 4
a. Owners and Applicant agree that preliminary and final plats for the eventual
development of this property will demonstrate general 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. These
policies include, but are not limited to, the provision of an interconnected street system,
cul-de-sac streets only where other options are not practical, designing sidewalk and
trail connections, and neighborhood access to open space, as an integral part of the
neighborhood. In this instance, the eventual development of the neighborhood shall
include the construction of a trail and greenway corridor along the drainageway/wetland
system that bisects the property, said corridor to include centrally-located parkland.
b. Owners and Applicant agree to provide, without compensation, easements up to thirty
(30') feet wide for a sewer main parallel to the drainageway/wetland area and to serve
the Hummingbird Lane properties on the west side of the property. If a sewer easement
is extended parallel to the rear lot lines of properties fronting on Hummingbird Lane,
one-half of the easement shall be within the rear yards of the properties fronting on
Hummingbird Lane, and one-half of the easement will be in the subject property being
annexed.
c. Prior to any plats or development being approved on the property north of the midway
point between Lower West Branch Road and Court Street, the reconstruction of Lower
West Branch Road must be or have been included in a funded (budgeted for) year in
Iowa City's Capital Improvements Program. Additionally, prior to any plats or
development being approved for the property north of the midway point between Lower
West Branch Road and Court Street, the Owner and Applicant agree to contribute
funds to City for the reconstruction of Lower West Branch Road. The Owners and
Applicant agree that the amount of funds to be contributed to Cil;y for the reconstruction
of Lower West Branch Road is $217,500, including $31,755 for the area to be rezoned
RS-5, and $185,745 for the area to be rezoned to RS-8. The funds to be paid to City
for the reconstruction of Lower West Branch Road may be paid on a per-acre basis, as
part of final plat approval, with funds to be paid, without interest, calculated on the total
acreage being final platted. Although the funds may be paid on a per-acre basis, at no
point will the total amount paid exceed $31,755 for the area to be rezoned to RS-5 and
$185,745 for the area to be rezoned to RS-8.
Lindemann Conditional Zoning Agreement
Page 5
Furthermore, platted street connections to Lower West Branch Road are required as
this property is platted in order to ensure an equal distribution of traffic throughout the
neighborhood. Said street connections shall not be constructed until Lower West
Branch Road is reconstructed to urban standards.
4. The Owners, Applicant and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code Section 414.5 (2001), and that
said conditions satisfy public needs which are caused by the requested zoning change.
5. The Owners, Applicant and City acknowledge that in the even 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.
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 Owners 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 E, ecorder's Office at the
Applicant's expense.
Dated this ~-~[ day of ,.-~-~"~ ,2001.
Harry R' W°~lf' ce President (~'
"'Ernest W. Lehman, Ma
Lindemann Conditional Zoning Agreement
Page 6
Man"an K. Kart, City Cle~
Approved by:
City Attorney's Office
Ruth Kabela
STATE OF IOWA )
) ss
COUNTY OF JOHNSON )
Onthis ~1/~--5~' dayof t~'l~;F'-t , 2001, before me, the undersigned, a
Notary Public in and for the S a e of oW'a, persona y appeared Harry R. Wolf, to me personally
known, who being by me duly sworn did say that he is the Vice President of Southgate Development
Company, Inc.; that the seal affixed hereto is the seal of the said corporation; that said instrument was
signed and sealed on behalf of the corporation by authority of its Board of Directors; and Harry R.
Wolf, as such officer, acknowledged the execution of the foregoing instrument to be the voluntary act
and deed of the corporation, by it and by him voluntarily executed.
[~ll~.lCoromlssion Number 2218971 Notary Public in and for the State of Iowa
STATE OF IOWA )
COUNTY OF JOHNSON )
On this 5\ %~f day of ~t,~ , 2001, before me, a Notary Public in and for the
State of Iowa, personally appeared Charles Lindemann, Robert Lindemann and Ruth Kabela, to me
known to be the persons who executed the foregoing instrument.
SHAR, LDON I
IC~mi~ Numar 1~7eI Nota~ Public in and for the State of Iowa
I¢~''1 MyC~mi~on~ I
Lindemann Conditional Zoning Agreement
Page 7
Lindemann Conditional Zoning Agreement
Page 8
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
On this ~ day of ~3'-..~.,j , 200¢r¢, before me,
~'-~,~-~- , a Not~ry Public in and for the State of Iowa, personally appeared
Ernest 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 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) (Reso/EtTO'rl) No. og-~,L~o5 passed by the City Council, on the
,~;) day of -~A,,d~A,~'~ ,200;I~,' a"~d 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.
SONDRAE FORT
ommission Number 159791 ~,~rr r~.~
My Commission Expires [ Notary Public in and for the State of Iowa
My commission expires:
<3- 7-0-3
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