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Home My WebLink About2006-04-18 Public hearing Notice is hereby given that a PUblic hearing will be held by the City Council of Iowa City, IOWa, at 7:00 P.m. on the 4th day of April, 2006, in Emma J.. Harvat Hall, 410 E. Washington Street, Iowa City, Iowa,. or if said meeting is Cancelled, at the next meetmg of the City Council thereafter as POsted by the City Clerk; at Which hearing the Council Will consider: 1. An ordinance to amend the Planned Development HOUSing OVerlay Plan (OPD_ 12) for Silvercrest Part 3 on 12.17 acres lOcated at American Legion Road and Scott BOUlevard. 2. An ordinance reZoning a 1.51-acre property lOcated on Kountry Lane SE east of Sycamore Street from Interim Development-MUlti_FamilY (lD-RM) to Low Density Multi-Family (RM-12). 3. An ordinance reZOning a 1-acre property lOcated at DUbuque Road and DOdge Street from Low Density Single-Family (RS-5) to Planned Development HOUSing OVerlay_ Low Density Single-Family (OPD-5). 4. An ordinance reZoning a 1.8-acre property lOcated at 1803/1835 BOyrum Street from Intensive CommerCial (CI-1) to CommUnity CommerCial (CC-2). COPies of the propOsed ordinances and resolutions are on me for PUblic examination in the office of the City Clerk, City Hall, IOwa City, IOWa. Persons WiShing to make their Views known for Council Consideration are encOuraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK NOTICE OF PUBLIC HEARING b ~z:; 0,&/ ~ I Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ06-00003) ORDINANCE NO. AN ORDINANCE CONDITIONAllY REZONING APPROXIMATELY 1.51 ACRES OF PROPERTY lOCATED ON KOUNTRY LANE SE EAST OF SYCAMORE STREET FROM INTERIM DEVElOPMENT-MUlTI-FAMllY RESIDENTIAL (ID-RM) TO lOW DENSITY MUlTI- FAMilY RESIDENTIAL ZONE (RM-12). (REZ06-00003). WHEREAS, Sycamore Apartments, llC has applied for a rezoning of approximately 1.51 acres of property from ID-RM to RM-12, to allow a development with multi-family apartment structures; and WHEREAS, said property is located on Kountry lane SE, east of Sycamore Street; and WHEREAS, the South District Plan identifies the area as appropriate for single-family/duplex residential type development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed planned development and has heard public input; and WHEREAS, the Commission recommended approval, subject to conditions, which are related to maintaining sufficient transition and buffer for the adjoining single-family residence from the proposed multi- family apartment structure as shown on the concept plan. 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 Interim Development-Multi-Family Residential (ID-RM) to low Density Multi-Family Residential Zone (RM-12): THE NE1/4 SE1/4 AND THE SOUTH 1 ROD OF THE SE1/4 NE1/4 SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, IOWA EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 699 - PAGE 68 AND EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 1164 - PAGE 148 AND EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 2771 - PAGE 223, MORE PARTICULARLY DESCRIBED AS FOllOWS: COMMENCING AT THE E1/4 CORNER OF SAID SECTION 26, THENCE S88"36'22'W - 451.10 FEET TO THE POINT OF THE BEGINNING OF THE SAID PARCEL HEREIN DESCRIBED: THENCE SOl"23'38"E - 236.02 FEET; THENCE SOUTHWESTERLY - 254.83 FEET ALONG A 260.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY WITH A CENTRAL ANGLE OF 56"09'27" AND A CHORD OF S58"31'41"W - 244.76 FEET; THENCE NOO"56'23"W - 375.20 FEET; THENCE N88"36'22"E - 208.82 FEET; THENCE SOl"23'38"E - 16.50 FEET TO THE POINTE OF BEGINNING. SAID PARCEL CONTAINS 1.51 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 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 attached Conditional Zoning Agreement between the property owners, the applicant, and the City of Iowa City. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Ordinance No. Page 2 SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this _ day of ,20 . MAYOR ATTEST: CITY CLERK Approved by ,~ .~ City AltOrn~ 3f~/()v ppdadmlordlREZ06-00003. doc Ordinance No. Page _ It was moved by . and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration 4 /18 / 06 Vote for passage: AYES: Vanderhoef. NAYS: None. Second Consideration Vote for passage: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, ABSENT: None. Date published Prepared by: Sunil Terdalkar, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 (REZ06-00003) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Sycamore Apartments, LLC. (hereinafter "Owner/Applicant"), and WHEREAS, Owner/Applicant is the legal title holder of approximately 1.51 acres of property located on the on Kountry Lane SE, east of Sycamore Street; and WHEREAS, the Owner/Applicant requested the rezoning of said property from Interim Development Multi-Family (ID-RM) to Low Density Multi-Family Residential zone (RM-12); and WHEREAS, the Planning and Zoning Commission has determined that, with conditions regarding creating and maintaining a sufficient transition space and buffer for the adjoining single-family residential property, the rezoning is appropriate and the Low Density Multi-Family Residential zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code ~414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy pUblic needs caused by the requested change; and WHEREAS, the Owner/Applicant acknowledge that certain conditions and restrictions are reasonable to ensure a sufficient transition and buffer to the adjoining single-family residential property; and WHEREAS, Owner/Applicant agree to use this property in accordance with the terms and conditions of a conditional zoning agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Sycamore Apartments, LLC. is the legal title holder and the applicant for a rezoning of the property legally described as follows: THE NE1/4 SE1/4 AND THE SOUTH 1 ROD OF THE SE1/4 NE1/4 SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, IOWA EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 699 _ PAGE 68 AND EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 1164 - PAGE 148 AND EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 2771 - PAGE 223, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE E1/4 CORNER OF SAID SECTION 26, THENCE S88036'22"W_ 451.10 FEET TO THE POINT OF THE BEGINNING OF THE SAID PARCEL HEREIN DESCRIBED: THENCE S01023'38"E - 236.02 FEET; THENCE SOUTHWESTERLY _ 254.83 FEET ALONG A 260.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY WITH A CENTRAL ANGLE OF 56009'27" AND A CHORD OF S58031'41"W _ 244.76 FEET; THENCE NOo056'23"W - 375.20 FEET; THENCE N88036'22"E - 208.82 FEET; THENCE S01023'38"E - 16.50 FEET TO THE POINTE OF BEGINNING. SAID PARCEL CONTAINS 1.51 ACRES. ppdadmlagVfairviewfairviewcza - kountry lane.doe.doc 1 2. Owner/Applicant acknowledges that the City wishes to ensure appropriate residential development that conforms to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code ~414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change, including provisions for maintaining sufficient transition between proposed low density multi-family residential zone and the existing single-family residential zone. Therefore Owner/Applicant agrees to certain conditions over and above City regulations as detailed below. 3. In consideration of the City's rezoning the subject property, Owner/Applicant agrees that development of the subject property will conform to all other requirements of the zoning code, and that the developer is required to maintain a minimum building setback of 35 feet from the east property line and that any proposed apartment building shall not be taller than 2 and half stories. In addition, any proposed development shall conform to the landscape plan, building location and orientation, and the proposed trails connection to the Sycamore Greenway shown in the concept plan attached herewith. 4. The Owner/Applicant and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code ~414.5 (2005), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner/Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this _ day of April, 2006. CITY OF IOWA CITY Sycamore Apartments, LLC. -.~ ::?.?' Ross Wilburn, Mayor ppdadmlagvtairviewfairviewcza - kounlry lane,doc.doc 2 Attest: Marian K. Karr, City Clerk CitYA~ ~?, ~/z:-.,,()u Approved by: CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , AD. 20_, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: SYCAMORE APARTMENTS, LLC. ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 5""- day of ~;I , AD. 20~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared s-ku", Go.LI'l_ to me personally known, who, being by me duly sworn, did say that they are the ViLe- 7..e s.-J..,>,-+ , of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of the seal affixed hereto is the seal of said corporation by authority of its Board of Directors; and that the said Vi'"", Pre.,i~",,+ as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~~--- k. *!~ Notary Public in and for the State of Iowa My commission expires: r '23 -?J 6 ppdadmfagtlfairviewfairviewcza _ kountry lane. doe. doc 3 . -_._--"----^--~-"---------_.._-_.~.__.- _.~_._---_._. 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