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HomeMy WebLinkAbout2011-04-05 OrdinancePrepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319-356-5243 (REZ10-00018) CONDITIONAL ZONING AGREEM THIS AGREEMENT is made between the City of Iowa City, owa, a municipal corporation (hereinafter "City"), and Arlington Development LLC (hereinafter' Owner"). WHEREAS, Owner is the legal title holder of aggro imately 2.17 acres of property located at the southwest corner of Taft Avenue and Court Str t; and WHEREAS, the O ner has requested the rezoning f said property from Neighborhood Commercial (CN-1) to Pla ed Development Overlay-Lo Density Multi-Family (OPD-RM12) zone; and WHEREAS, the Planning d Zoning Commi; conditions regarding building esign, infrastru agreements for visitor parking, tat the reque~ modifications to the zoning is consiste t with the use development and neighborhood ompatib' Ity developments; and ~n has determined that, with appropriate Ire improvements, and maintenance ;d zoning and the various requested prehensive Plan goals of compact, mixed which are accepted types of planned WHEREAS, Iowa Code §414.5 (201 provides that the City of Iowa City may impose reasonable conditions on granting an appli a is rezoning request, over and above existing regulations, in order to satisfy public needs us by the requested change; and WHEREAS, the Owner acknow dges th t certain conditions and restrictions are reasonable to ensure the development f the grope y is consistent with the Comprehensive Plan and the need for neighborhood co patibility and i rastructure improvements; and WHEREAS, the Owner agrees to evelop this propert in accordance with the terms and conditions of a Conditional Zoning reement. NOW, THEREFORE, in conside ation of the mutual promis s contained herein, the parties agree as follows: 1. Arlington Development~LC is the legal title holder of the prd~erty legally described as: Beginning at the so theast corner of Lot 257, Windsor Ridg Part Fourteen, Iowa City, Johnson Cou y, Iowa in accordance with the plat thereof corded in Book 41, at Page 57 of a records of the Johnson County Record is Office; thence S89°41'12"W, al ng the south line of said Lot 257, a distance of 62.67 feet, to the southwest corn r thereof; thence N00°23'59"W, along the west line said Lot 257, a distance of 3 .77 feet; thence N89°02'11"E, 262.68 feet to a point n the east line of said Lot 57; thence S00°23'59"E along said east line, 360.75 fe t to the said point of beginning, said tract of land contains 2.17 acres. 2. The Owner acknowledges that the City wishes to ensure conformance to t~ principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) 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. ppdadm/agtlcza - Windsor ridge 22.doc 1 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning code, as well as the following conditions: a. The buildings shall substantially comply with the attached building elevations. b. Owner s all contribute 12.5% of the cost to improve the adjacent portion of Taft Avenue to rterial street standards in accordance wit Iowa City Code Section 15-3- 2(K)(1)(c). c. Owner shall c nstruct and maintain the adjacent visit r parking spaces located within the City Park. d. Owner shall rep ce any trees or landscaping rem ved due to the construction of said parking spac with like-kind trees or landscaping. 4. The Owner and City ack owledge that the conditio contained herein are reasonable conditions to impose on eland under Iowa de §414.5 (2011), and that said conditions satisfy public nee that are caused by a requested zoning change. 5. The Owner and City acknowle a that in the a ent the subject property is transferred, sold, redeveloped, or subdivided, all redevelo ent will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Co itio al Zoning Agreement shall be deemed to be a covenant running with the land and 't title to the land, and shall remain in full force and effect as a covenant with title to the and, unless or until released of record by the City of Iowa City. The parties further acknowledge that is agre ment shall inure to the benefit of and bind all successors, representatives, and ssigns of a parties. 7. The Owner acknowledges that thing in this C nditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulati ns. 8. The parties agree that this Conditional Zoning Agre ment shall be incorporated by reference into the ordinanc rezoning the subject prope y, and that upon adoption and publication of the ordinan e, this agreement shall be re rded in the Johnson County Recorder's Office at the plicant's expense. Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Attest: r Marian K. Karr, City Clerk 20 By: By: ppdadm/agUcza - Windsor ridge 22.doc 2 Approved by: City Attorney's Office ~/,~i1 fr CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COU,~JTY ) On this day of A.D. 20 before me, the undersigned, a nota ublic in and for the State of low ,personally appeared Matthew J. Hayek and Marian K. Karr, to e personally known, who bei by me duly sworn, did say that they are the Mayor and City Cler ,respectively, of said muni ipal corporation executing the within and foregoing instrument; that t seal affixed thereto is he seal of said municipal corporation; that said instrument was signed a sealed on behalf of aid municipal corporation by authority of its City Council; and that the said ayor and City erk as such officers acknowledged that the execution of said instrument to b the voluntary ct and deed of said corporation, by it and by them voluntarily executed. ry Public in and for the State of Iowa My~ommission expires: LIMITED LIABILITY COMPANY AC OWLEDGE NT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was a Development, LLC. d before me on this e) as day of 2011, by (title) of Arlington Notary Public in and for~the State of Iowa My commission expires: ppdadm/agt/cza - Windsor ridge 22.doc 3 g~pj `r(71~ EMDJ 7[Ia[~ ~~7 ILOG Y Nt1!~'~ Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 31 ~~~~ (REZ10-00018) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLE 2.17 ACRES OF LAND LOCATED AT TH SOUTHWEST CORNER OF TAFT AVENUE A D COURT STREET, FROM NEIGHBORHOOD C MMERCIAL(CN-1) TO PLANNED DEVELOPM NT OVERLAY-LOW DENSITY MULTI-FAMILY REST NTIAL(OPD-RM12). (REZ10-00018) WHEREAS, the applicant, rlington Development LLC, has req the southwest corner of Taft Av nue and Court Street, from Neighl Development Overlay-Low Densi Multi-Family Residential (OPD-RP WHEREAS, the Comprehensiv Plan indicates that this area is commercial; and WHEREAS, the Planning and Wing Commission has t determined that it complies with the C prehensive Plan provi d need for neighborhood compatibility and i frastructure imprc WHEREAS, Iowa Code §414.5 (200) provides that conditions on granting an applicant's rezo ing request, c satisfy public needs caused by the requeste change; and WHEREAS, the owner and applicant has reed that tY, the terms and conditions of the Conditional c development in this area of the city. NOW, THEREFORE, BE IT ORDAINED B' IOWA: SECTION I APPROVAL. Subject to the Cond herein, property described below is hereby recta: Commercial (CN-1) to Planned Development Ove 6d a rezoning of property located at god Commercial (CN-1) to Planned and ooriate for mixed use neighborhood reviewed the proposed rezoning and that it meets conditions addressing the ants; and City of Iowa City may impose reasonable and above existing regulations, in order to property shall be developed in accordance with :ment attached hereto to ensure appropriate ng TH~ CITY COUNCIL OF THE CITY OF IOWA CITY, Zoning Agreement attached hereto and incorporated from its current zoning designation of Neighborhood ~w Density Multi-Family Residential (OPD/RM12): Beginning at the southeast corner of Lot 57, Wind or Ridge Part Fourteen, Iowa City, Johnson County, Iowa in accordance with the plat ereof recor ed in Book 41, at Page 57 of the records of the Johnson County Recorder's Office; t ence S89°41'1 "W, along the south line of said Lot 257, a distance of 262.67 feet, to the southwes corner thereof; t ence N00°23'59"W, along the west line of said Lot 257, a distance of 357.77 feet; hence N89°02'11" , 262.68 feet to a point on the east line of said Lot 257; thence S00°23'59"E al g said east line, 36 .75 feet to the said point of beginning, said tract of land contains 2.17 acres nd is subject to easem nts and restrictions of record. SECTION II. ZONING MAP. The ilding official is hereby auth rized and directed to change the zoning map of the City of Iowa City, Iowa, conform to this amendmen upon the final passage, approval and publication of the ordinance as appro ed by law. SECTION III. CONDITIONAL NING AGREEMENT. The mayor ~s hereby authorized and directed to sign, and the City Clerk attest, th Conditional Zoning Agreement be een the property owner(s) and the City, following passage and appr al of this Ordinance. SECTION IV. CERTIFICAT ON AND RECORDING. Upon passage a d approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordin nce, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, 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 AILED ' 1 ~Q11 :ity Clerk t City, Iowa 3 ~> ~~ n STAFF REPORT To: Planning & Zoning Commission Prepared by: Christina Kuecker, Associate Planner Item: REZ10-00018/SUB10-00017 Date: February 17, 2011 Windsor Ridge Pt 22 GENERAL INFORMATION: Applicant: Arlington Development Inc 1486 S 1 S` Ave, Unit A Iowa City, IA 52240 Contact Person: John Moreland Phone: 319-338-8058 Requested Action: Rezoning from CN-1 to OPD/RM-12 for 2.17 acres and from CN-1 to MU for 3.34 acres and a subdivision of 5.51 acres Purpose: Allow for a mixed use development on Lot 1 and 24 townhouse style units on Lot 2. Location: Taft Avenue and Court Street Size: 5.51 acres Existing Land Use and Zoning: Neighborhood Commercial (CN-1) Surrounding Land Use and Zoning: North: Low Density Multi Family (RM-12) South: Planned Development Overlay (OPD-8) East: County Undeveloped West: Low Density Single Family Residential (RS-5) Comprehensive Plan: Citywide Comprehensive Plan: Neighborhood Commercial Draft Southeast Planning District: Shown as a mixed use neighborhood center Neighborhood Open Space District: File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: Windsor Ridge (SE-3) January 25, 201 1 March 1 1, 201 1 Sanitary Sewer can be extended from previous 2 development in the area Public Services: The City will provide Police and Fire protection and refuse and recycling collection services. Two Transit routes serve this area including Eastside Express with stops on Huntington Drive and Court Street, and Eastside Loop with stops on Arlington Drive and Court Street BACKGROUND INFORMATION: This property was rezoned to Neighborhood Commercial (CN-1) in 1995 with a Conditional Zoning Agreement that required the development of a "Town Square" and for the site plans to be approved by the Director of Planning and Community Development. The applicant has dedicated the "Town Square" to the Parks and Recreation Department and has built the housing on the south and west sides of the square. The applicant believes that the amount of commercial provided for in the original CN-1 zoning is not supportable in this market. The applicant has requested rezoning the eastern side of the square to Low Density Multi-Family (RM-12) with a Planned Development Overlay. An application to rezone the northern side of the square to Mixed Use has also been submitted, but is not ready for consideration by the Planning and Zoning Commission. The applicant believes that there is a market for additional residential in this area and that the RM-12 and Mixed Use zoning will provide the flexibility needed in the market, while still providing an appropriate frontage around the park. When this area was originally rezoned, Court Street needed to be constructed and none of the development could proceed until Court Street provided access to the area. An understanding was worked out between the City Council and the developer to move the Court Street construction up in the Capital Improvement Program (CIP) budget. In exchange, the Council required a Town Square type development with a Main Street Commercial type of feel. The applicant has indicated that they have used the "Good Neighbor Policy" and have had a neighborhood meeting. ANALYSIS: Zoning and the Comprehensive Plan The zoning is currently Neighborhood Commercial (CN-1 ). The uses allowed in the CN-1 zone include small-scale retail and personal service uses in a neighborhood shopping area. The applicant is proposing to rezone the 2.17 acres on Lot 2 of the proposed subdivision the east side of the open space to Planned Development Overlay Low Density Multi-Family Residential Zone (OPD/RM-12). The OPD/RM-12 allows for low-density multi-family residential buildings, in this case townhouse style units. Both the Draft Southeast District Plan and the Iowa City Comprehensive Plan show this area as a mixed-use neighborhood center. A Preliminary Planned Development Plat has been submitted showing four, six unit townhouse style units with garages in the back. An application has been submitted to rezone Lot 1 of the proposed subdivision to Mixed Use. Staff is working with the applicant to develop a site plan for the Mixed Use area. We believe that the application will be ready to be considered by the Planning and Zoning Commission soon. 3 Subdivision Design and Compatibility with the Neighborhood The applicant has submitted a Planned Development Plan and building elevations for the townhouse style units. The buildings have been designed to give the residents views to the park, with second floor balconies and outdoor areas. A masonry wall and gateway are present on the south elevation in order to screen the alley from view of the residences on the south. The first floor elevation has been raised and landscaping has been provided in order to provide privacy for the townhouse style units. The area to the south of the park is currently a townhouse style development that presents its front to the park. In Staff's opinion, the proposed townhouse style units on the east side of the park will also present a nice front onto the park. The applicant is showing parallel parking located in the City park. The Parks and Recreation Department has determined that this is acceptable, provided the homeowners association is responsible for the snow removal and maintenance of these spaces and any trees that must be removed to allow for the installation of the parking spaces be replaced in the park. As stated above, the applicant has submitted an application for Mixed Use zoning on Lot 1 of the proposed subdivision. Staff believes that the combination of Mixed Use and the RM-12 zoning will provide the "Town Square" development originally proposed in 1995, but also allow for flexibility of the spaces to respond to the market. The Mixed Use zone requires the ground floor to be built to commercial standards, but the space can be used as either commercial or residential. The Mixed Use parcel will also need to address the street frontage along the park. The applicant is requesting variations to the standard RM-12 zoning through the Planned Development Overlay rezoning. The required RM-12 front setback is 20'. Along Raleigh Lane the buildings are setback approximately 6' from the sideway and 18' from the edge of the private street pavement. All other setbacks conform to the RM-12 requirements. The townhouse units along Taft Avenue have been set back 40' and additional landscaping is being proposed to help buffer the units from the traffic. Environmentaay Sensitive Areas There are no environmentally sensitive areas on this site. Traffic, access, and street design This portion of Windsor Ridge is accessed via private streets (Cardigan Lane and Raleigh Lane) from Huntington Drive. Sidewalks are provided along all streets. The vehicular access to the townhouse style units is provided by a rear alley. Currently Taft Avenue is a chip seal road at this location and its upgrade is not yet included in the CIP. As a requirement of the Subdivision Code, the applicant/owner is required to share the proportional cost of improvements of the portions of Taft Avenue that is adjacent to the subdivision. Because the subdivision is located on only one side of the street, this amount is equal to 12.5% of the total cost of improvements to the portion of Taft Avenue (an arterial street) that abuts the property. Currently a 20' construction easement exists along Taft Avenue to accommodate the improvements. The plantings in this area will need to be timed with the construction of Taft Avenue. 4 Neighborhood parkland or fees in lieu of The applicant is required to provide 0.14 acres of parkland or the associated fees in lieu of dedication. The commercially zoned land did not have a neighborhood parkland requirement, thus the rezoning to residential triggers the requirement for neighborhood parkland. Parks and Recreation has indicated that they would prefer not to accept additional land in this location and would rather receive the fees in lieu of dedication. Storm water management Storm water detention was provided for in the larger subdivision and is not required in this location, but the development must manage water runoff to not create any problems in the water shed. /nfrastructure fees Water main extension fee of S395 per acre is required. STAFF RECOMMENDATION: Staff recommends that REZ10-00018, rezoning of approximately 2.17 acres located at the south west corner of Taft Avenue and Scott Boulevard from Neighborhood Commercial (CN-1) to Planned Development Overlay Low Density Multi-Family (OPD- RM12) and SU610-00017, a preliminary plat of Windsor Ridge, Part 22, a 2-lot, approximately 5.51-acre subdivision, located at Taft Avenue and Court Street, be approved subject to the following conditions: • compliance with the submitted building elevations payment of the fair share of the improvements to Taft Avenue (12.5%) The maintenance and construction of the parking spaces within the City park being the responsibility of the developer and Homeowner's Association • The replacement of any trees removed in the City park due to the construction of the parking spaces Staff recommends that REZ10-00018, rezoning approximately 3.34 acres located at the southwest corner of Taft Avenue and Scott Boulevard from Neighborhood Commercial (CN-1) to Mixed Use (MU) be deferred DEFICIENCIES AND DISCREPANCIES: A revised site plan was submitted on February 10 and is currently being reviewed by the City Engineer. Any deficiencies or discrepancies identified will need to be corrected. ATTACHMENTS: 1 . Location Map 2. Building elevations 3. Site Plan 4. Landscaping Plan 5. 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Planner, 410 E. Washington St, Iowa City, IA; 319-356-5243 (REZ10-00018) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 2.17 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF TAFT AVENUE AND COURT STREET, FROM NEIGHBORHOOD COMMERCIAL(CN-1) TO PLANNED DEVELOPMENT OVERLAY-LOW DENSITY MULTI-FAMILY RESIDENTIAL(OPD-RM12). (REZ10-00018) WHEREAS, the applicant, Arlington Development LLC, has requested a rezoning of property located at the southwest corner of Taft Avenue and Court Street, from Neighborhood Commercial (CN-1) to Planned Development Overlay-Low Density Multi-Family Residential (OPD-RM12); and WHEREAS, the Comprehensive Plan indicates that this area is appropriate fora mixed use neighborhood town center that creates a urban frontage onto the public open space and promotes a mix of residential and commercial uses in the area surrounding the public open space; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for neighborhood compatibility and infrastructure improvements; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Neighborhood Commercial (CN-1) to Planned Development Overlay Low Density Multi-Family Residential (OPD/RM12): Beginning at the southeast corner of Lot 257, Windsor Ridge Part Fourteen, Iowa City, Johnson County, Iowa in accordance with the plat thereof recorded in Book 41, at Page 57 of the records of the Johnson County Recorder's Office; thence S89°41'12"W, along the south line of said Lot 257, a distance of 262.67 feet, to the southwest corner thereof; thence N00°23'59"W, along the west line of said Lot 257, a distance of 357.77 feet; thence N89°02'11 "E, 262.68 feet to a point on the east line of said Lot 257; thence S00°23'59"E along said east line, 360.75 feet to the said point of beginning, said tract of land contains 2.17 acres and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The building official 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 the ordinance as approved bylaw. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) 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 record the same in the Ordinance No. Page 2 Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Approved by `"~ City Attorney's Office 3 ~ i tr I I I Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 4 / s / 20 i i - VoteforpaSSage: AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319-356-5243 (REZ10-00018) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Arlington Development, Inc. (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 2.17 acres of property located at the southwest corner of Taft Avenue and Court Street; and WHEREAS, the Owner has requested the rezoning of said property from Neighborhood Commercial (CN-1) to Planned Development Overlay-Low Density Multi-Family (OPD-RM12) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding building design, infrastructure improvements, and maintenance agreements for visitor parking, that the requested zoning and the various requested modifications to the zoning is consistent with the Comprehensive Plan goals of compact, mixed use development and neighborhood compatibility, which are accepted types of planned developments; and WHEREAS, Iowa Code §414.5 (2011) 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 acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for neighborhood compatibility and infrastructure improvements; and WHEREAS, the Owner agrees to develop 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. Arlington Development, Inc. is the legal title holder of the property legally described as: Beginning at the southeast corner of Lot 257, Windsor Ridge Part Fourteen, Iowa City, Johnson County, Iowa in accordance with the plat thereof recorded in Book 41, at Page 57 of the records of the Johnson County Recorder's Office; thence {01040416. DOC} S89°41'12"W, along the south line of said Lot 257, a distance of 262.67 feet, to the southwest corner thereof; thence N00°23'59"W, along the west line of said Lot 257, a distance of 357.77 feet; thence N89°02'11"E, 262.68 feet to a point on the east line of said Lot 257; thence S00°23'59"E along said east line, 360.75 feet to the said point of beginning, said tract of land contains 2.17 acres. Said property to be subdivided as Lot 2, Windsor Ridge- Part Twenty-Two. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) 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. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning code, as well as the following conditions: a. The buildings shall substantially comply with the attached building elevations. b. Prior to the issuance of a building permit for the property, Owner shall contribute 12.5% of the cost to improve the adjacent portion of Taft Avenue to arterial street standards in accordance with Iowa City code Section 15-3-2(K)(1)(c). Said contribution shall be in the amount of $25,089.50 ($69.50 x 361 lineal feet). c. Owner shall construct and maintain the adjacent visitor parking spaces located within the City Park. d. Owner shall replace any trees or landscaping removed due to the construction of said parking spaces with like-kind trees or landscaping. 4. Upon satisfaction of the conditions contained in paragraph 3 above, the City shall promptly issue to the Owner a good and sufficient release for the property or a partial release of constructed condominium units so that this Conditional Zoning Agreement will not constitute a cloud upon the property. 5. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 6. The Owner 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. 7. 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. 8. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable {01040416. DOC} local, state, and federal regulations. 9. 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 March, 2011. CITY OF IOWA CITY BY: Matthew J. Hayek, Mayor ARLINGTON DEVELOPMENT, INC. r~~ ~_ John VV(JMoreland, Jr., President and~9ecretary Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office 012-r /~( CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of A.D. 20 ,before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek 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: {01040416. DOC} CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this 2~5~ day of March, 2011, by John W. Moreland, Jr. as President and Secretary of Arlington Development, Inc. ~~lV\~~ ~ ~ -e CAROLINE K. 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Washington Street, Iowa City, IA 52240; 319-356-5234 ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 12.72 ACRES OF LAND LOCATED AT MORMON TREK BOULEVARD AND DANE ROAD FROM COUNTY AGRICULTURAL (A) TO INTENSIVE COMMERCIAL (CI-1). (REZ 11-00004) WHEREAS, ILJ Investments, Inc. is the owner and legal titleholder of approximately 9.71 acres of land located at Mormon Trek Boulevard and Dane Road, Johnson County, Iowa; and WHEREAS, ILJ Investments, Inc. has requested annexation and rezoning of the approximate 9.71 acre tract into the City of Iowa City, Iowa; and WHEREAS, the City of Iowa City owns the adjacent 3.01 acre Right of Way of Mormon Trek Boulevard to the south and wishes to annex and rezone said right-of-way; and WHEREAS, the Comprehensive Plan indicates that the property is appropriate for intensive commercial development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) 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 adjacent property to the north is residential and should be shielded from commercial uses with increased buffering and lighting standards; and WHEREAS, Owner has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement to ensure appropriate development in this area of the city. 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 current zoning designation of County Agricultural (A) to Intensive Commercial (CI-1 ): Outiot A, Meadowlark Hill Second Subdivision to Johnson County, Iowa, according to the recorded plat thereof, recorded in plat book 55 at page 132 in the records of the Johnson County Recorder's office, and all of the adjacent Right of Way of Mormon Trek Boulevard to the south of said Outlot A, containing 12.72 acres. SECTION II. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION III. ZONING MAP. The Building Official 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 the ordinance as approved bylaw. 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 associated conditional zoning agreement and record the same in the Office of the County Recorder, Johnson County, Iowa, at ILJ Investment, Inc.'s expense, upon the final passage, approval and publication of this ordinance, as provided bylaw. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. Page 2 of 2 SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided bylaw. Passed and approved this day of , 2011. MAYOR ATTEST: CITY CLERK Ap roved by J (t ~~~ zi;'~ (~~~ Lty - ~{~~'l1 City Attorney's Office ^ I ~ ~ I ~ i Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 4 / 5 / 20 ~ 1 Vote forpaSSage:AYES: Dickens, Hayek, Mims, Wilburn, Bailey. NAYS: Champion, Wright. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Lorin Ditzler, PCD, 410 E: Washington, Iowa City, IA 52240 (319) 356-5234 (REZ11-00004) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and ILJ Investments, Inc. (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 9.71 acres of property located at the northeast corner of the intersection of Mormon Trek Boulevard and Dane Road; and WHEREAS, the Owner has requested the rezoning of said property from County Agricultural (A) to Intensive Commercial zone (CI-1 ); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding buffering and lighting, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) 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 acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and neighborhood compatibility; and WHEREAS, the Owner agrees to develop 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. ILJ Investments, Inc. is the legal title holder of approximately 9.71 acres of land located at Mormon Trek Boulevard and Dane Road, Johnson County, Iowa, formally described as: Outlot A, Meadowlark Hill Second Subdivision to Johnson County, Iowa, according to the recorded plat thereof, recorded in plat book 55 at page 132 in the records of the Johnson County recorder's office, containing 9.71 acres. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and South Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) 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. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadm/agUrevised cza rez11-00004.doc a. A 20 foot wide landscape buffer, meeting a minimum of S3 screening standards, as set forth in the Iowa City Code of Ordinances, will be installed along the north property line. b. Outdoor lighting may not be mounted higher than 30 feet. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said 'conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner 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. The Owner acknowledge(s) 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 , 2011. CITY OF IOWA CITY Matthew Hayek, Mayor ~( ~~"/`- By. ~r e 5 ~ cl ~e ~~ ~' Attest: Marian K. Karr, City Clerk By: Approved by: ~ ~ ity Attorney's Office 3~j~~~~ ppdadm/agt/revised cza rezt t-00004.doc 2 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 2011 by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) (Stamp or Seal) Title (and Rank) This instrument was acknowledged before me on /'~7C r-~l-'t 2~ 2011 by /'y'1~ r,~ Lr. sC_'~r~e; c~2 r as ~rt°S'l G~~ n--~ of ILJ Investments, Inc. Notary Public in and for said County and State Stam or Seal "~~~;~~<` ( p ) f .,~ ,a s =X ~ ` KELLIE 4<. TUTTLE i ° r , ~ Commission dumber 221819 htpr Corrmiss~ n Expires Title (and Rank) ',~ , ~ ~~~ ~~._~.. ppdadm/agVrevised cza rez11-00004.doc 3 ~ ~Q To: Planning & Zoning Commission Item: ANN 11-00001/REZ11-00004 GENERAL INFORMATION: STAFF REPORT Prepared by: Lorin Ditzler, Planning Intern Date: February 3, 2011 Applicant: ILJ Investments, Inc. 1085 Ginkgo Avenue P.O. Box 545 Wellman, Iowa 52356 319-646-6093 Contact: Dave Larsen 277 Hickory Street Kalona, Iowa 52247 319-656-5271 Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Annexation and Rezoning To allow the property to be incorporated into the city and rezone it to Intensive Commercial (CI-1 ). On the north side of Mormon Trek Boulevard east of Dane Road 9.71 acres County Rural (A) West: Undeveloped - (CI-1) North: Residential and agricultural -County (R) and (A) East: Agricultural -County (A) South: Residential and agricultural -County (R) an (A) Commercial Office or Intensive Commercial January 13, 2011 No limitation with annexation The applicant has requested annexation to Iowa City. The land consists of 9.71 acres on the north side of Mormon Trek Boulevard, just east of Dane Road. The property shares its western border with the Iowa City corporate limit. The land is currently used for agriculture. The outlot was created during the second subdivision of Meadowlark Hill in 2010, and was designated for development after annexation. 2 ANALYSIS: Annexation The Comprehensive Plan has established a growth policy to guide the decisions regarding annexations. The annexation policy states that annexations are to occur primarily through voluntary petitions filed by the property owners. Further, voluntary annexation requests are to be reviewed under the following three criteria: 1. The area under consideration falls within the adopted long-range planning boundary. The City's long range planning boundary is defined as the area for which sanitary sewer service can be provided. The subject property is located adjacent to the City's corporate limit and within the City's long-range planning boundary. A general growth area limit is illustrated in the Comprehensive Plan and on the zoning map. 2. Development in the area proposed for annexation will fulfill an identified need without imposing an undue burden on the City. There is an identified need for additional land to provide for future commercial growth. The land under consideration for annexation is a logical extension of the existing commercial area, and its location along Mormon Trek Boulevard makes it a reasonable site for development. 3. Control of the development is in the City's best interest. The South Central district plan has identified a need for additional land for commercial development. Under County jurisdiction, development is limited by lack of sewer and water services. Annexation will allow the land to be developed in a manner consistent with the Comprehensive Plan and will ensure adequate traffic circulation and efficient provision of public services, such as water and sewer. Therefore, control of this property's development is in the City's best interest. The Comprehensive Plan states that voluntary annexation requests should be viewed positively when the above conditions exist. In staff's view, these conditions have been met for this voluntary annexation request. Rezoning Compliance with the Comprehensive Plan The South Central District Future Land Use Scenario (as amended in 2003) supports intensive commercial or office park use (CI-1 or CO-1) for the subject property upon annexation. The property to the east is designated for future industrial development. The C11 or CO1 zone are intended to serve as a transition from the future industrial area. Commercial zones are used to attract employers and provide a compatible transition to possible industrial and manufacturing uses identified in the South Central District Plan. The investment of public funds to construct the extension of Mormon Trek Boulevard was done, in part, to encourage future development and employment opportunities in the district. The proximity of the subject property to existing commercial uses and its location along Mormon Trek Boulevard make it attractive as a space for commercial development, as outlined in the South Central District Plan. Requested Zoning The Intensive Commercial Zone (CI-1) is designed to provide areas for businesses that are land- intensive or light industrial in nature. These businesses characteristically require space for outdoor storage and display of merchandise. Typical uses in the CI-1 zone include vehicle sales and repair; small scale manufacturing operations; warehousing and industrial service uses. CI-1 3 zone uses are generally not compatible with residential and less-intensive zones. Consequently, CI- 1 zones are typically located within major commercial areas to provide adequate vehicular access, but are ideally shielded visually, geographically, or topographically from less-intensive zones. The proposed C11 zone is intended to provide areas for sales and service functions and businesses whose operations are typically characterized by outdoor storage of merchandise, by repair and sales of large equipment or motor vehicles. Compatibility with Neighborhood The subject property is situated near undeveloped C11 property to the west (this adjacent property was rezoned from C01 to C11 in 2010). The property to the east is zoned County A. As noted above the Comprehensive Plan designates it for industrial development after annexation. The properties to the south are zoned County Residential (R) and Agricultural (A). The commercial site development standards contained in the zoning code will require that any surface parking lots or out door storage areas be screened to at least the S3 standard (5 to 6' high hedge at least 50% evergreen) if they abut residential zoned properties. The property to the north is zoned County Agricultural (A) and Residential (R). It contains a residence and is intended to be dedicated as park land in the future. When the property to the west was rezoned from C01 to C11 a conditional zoning agreement was put in place to require a 20 foot wide landscape buffer and a 30 foot high limitation on outdoor lighting to help provide an appropriate transition to the existing residence and potential park. Staff recommends that similar conditions be place on this proposed C11 zone. Streets and Traffic Circulation Mormon Trek Boulevard is an arterial street and is appropriate to handle traffic generated from intensive commercial uses. However, it is important to minimize access points on arterial streets. To assure adequate spacing between intersections a maximum of 3 curb cuts would be appropriate for this property. One should align with Dane Road. Another location for a curb cut or a future street would be along the east property line. One additional curb cut may be appropriate between these two locations. If this property is subdivided into multiple properties a cross access easement will be required to allow shared access to Mormon Trek Boulevard. The locations of streets, drives and easements will be addressed in more detail if this property is subdivided or when a site plan is reviewed. Infrastructure: Adequate infrastructure exists for development of this property into intensive commercial uses. Sanitary sewer and water lines are located in Mormon Trek Boulevard. Due to the size and importance of the water and sanitary sewer lines in the vicinity of this project, at the time of subdivision, the developer will need to construct lateral water and sanitary sewer mains. The individual lot taps will be made off of these laterals. There will be a standard water main extension fee of $395 per acre. STAFF RECOMMENDATION: Staff recommends that ANN11-0001/ REZ11-00004, an application to annex and rezone approximately 9.71 acres of land on Mormon Trek Boulevard east of Dane Road be approved subject to a 20 foot wide landscape buffer along the north property line that at a minimum meets S3 screening standards and a 30 foot high limitation on outdoor lighting. ATTACHMENT: Location Map ~ ~/~c~~~ Approved by: Robert Miklo, enior Planner Department of Planning and Community Development O O ~~ a. v V r V t i ~ c i ~ ' i cn '~ ~ ~ I / / ' 1 ' ! O ,~ ~v ~~ ., ~~ ~~ .~ _ ... ___ S L QC~ G n Q '/. Q C ~ ~,'~~ ~ j ~P O ~~~`~` Z O Q V __ O J W N ~:,,r®,~ CITY OF IOWA CITY . ,~~,~-~ D U M RAN l~/I Q ~E ..~~_ Date: February 11, 2011 To: Iowa City Planning and Zoning Commission From: Lorin Ditzler, Planning Intern Re: ANN 11-00001/REZ11-00004 Meadowlark Hill ANN11-00001/REZ11-00004, a rezoning and annexation of 12.65 acres of land on the northeast corner of Mormon Trek Boulevard and Dane Road, was presented at the February 3 meeting of the Planning and Zoning commission. Members of the public and commission brought forth several questions regarding lighting and noise restrictions. These questions are recorded below, along with answers drawn from city codes. The area being annexed and rezoned has been increased to include the right-of-way of Mormon Trek Boulevard. Question 1: What are the height restrictions on lighting when it is near a residential zone? Staff is recommending that all lighting on this property be limited to 30 feet. Standard height limitations on lighting near a residential zone are detailed below, as outlined in section 14-5G- 4A of the code: A. Height Limitations 1. Light fixtures located within 300 feet of a Residential Zone must be mounted no higher than 25 feet above grade. 2. Light fixtures further than 300 feet from the Residential zone must be no higher than 35 feef above grade. Question 2: What are the regulations on light trespass? Section 14-5G-4C of the code outlines regulations on the use of flood lights, illumination levels at the property line, and the location and shielding of lights (see below). Limitations on illumination at the property line apply only when the adjacent property is zoned Residential, CN- 1 or CO-1. C. Light Trespass 1. Except for lighting of loading areas, service areas, and for architectural emphasis, floodlighting is prohibited. Floodlights are not permitted for the illumination of parking or outdoor product display areas. 2. Floodlights, when permitted...must be aimed no higher than 45 degrees from vertical. 3. Lighting fixtures must be located and shielded such that the bulb is not directly visible from any adjacent residentially-zone property or public right-of--way. 4. Illumination must not exceed .5 initial horizontal footcandles and 2.0 initial maximum footcandles as measured at any point along a property boundary that is adjacent to or across the street from properties that are zoned Residential, CN-1, or CO-1. 6. Light fixtures used to illuminate flags, statues, or objects mounted on a pole or pedestal must use a narrow cone of light that does not extend beyond the illuminated object. Question 3: Are there hours of the day during which lights must be dimmer? February 11, 2011 Page 2 If lighting exceeds the maximum total illumination typically allowed by the zoning code, there are limits on the times of day those lights may be used (Section 14-5G-7). Lighting for outdoor display lots, such as car lots, often exceeds the maximum total illumination as outlined in the code, but may still be approved if: 1. The plan does not exceed illumination levels specified by the Illuminating Engineering Society of North America; and 2. Lighting that exceeds the code standards must be turned off at 11 p.m. or within 30 minutes after close of business, whichever is later. After this time, lighting must comply with typical standards. Note: Maximum total output (illumination) is 200,000 lumens per acre for the CI-1 zone. Maximum total output for the CO-1 zone (the zoning requested by neighboring property owners at the Feb. 3 hearing) is 100,000 lumens per acre. (Section 14-5G-5) Question 4: What noise restrictions will there be on this property? Noise restrictions for all city property are outlined in section 6-4 of the city code (relevant sections copied below). A permit is required for the use of sound equipment that would be audible across residential property lines. If used for commercial advertising purposes, sound equipment that would be audible on a public street or public space is prohibited. Outdoor loading noise that creates a disturbance across a residential property line is prohibited between the hours of 10 p.m. and 6 a.m. Section 6-4-4 A1. Permit Requirements: a. No person shall use, operate or cause to be used or operated any radio, record player, tape deck or player, loudspeaker, amplifier, sound truck or other device for producing, reproducing or amplifying sound, hereinafter referred to as "sound equipment", upon the public streets or in any building or upon any premises, public or private, if the sound there from is plainly audible across a residential real property boundary from any public street or public place within the city, unless said person: (1) First obtains a permit in accordance with Phis section; (2) Complies with the conditions imposed by the permit, including the maximum permitted sound level shown therein; and (3) Complies with all other applicable provisions of this section. 8. Use Of Equipment For Commercial Advertising Prohibited: No sound equipment shall be permitted to be used on public streets or public places or in any building or upon any premises if the sound will be plainly audible from any public street or public place within the city, when any such use is for commercial advertising purposes or for the purpose of attracting the attention of the public to any building or structure for monetary gain. (1978 Code §24.4-6; amd. 1994 Code) Section 6-4-3 A. Nighttime And Morning Noise: 1. No person shall so load, unload, open, close or handle boxes, crates, containers, building materials, garbage cans or similar objects outdoors between the hours of ten o'clock (10:00) P. M. and six o'clock (6:00) A. M. the following morning as to create a noise disturbance across the property line of residentially zoned property. 2. No person shall unload or handle garbage dumpsters or similar objects outdoors between the hours of ten o'clock (10:00) P. M. and seven o'clock (7:00) A. M. the following morning as to create a noise disturbance across the property line of residentially zoned property. FILED ;~~R 2 3 1.011 City Clerk Iowa City, Iowa Prepared by: Lorin Ditzler, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5234 ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXI ATELY 12.72 ACRES OF LAND LOCATED AT MORMON TREK BOULEVARD AND D NE ROAD FROM COUNTY AGRICULTURAL (A) TO INTENSIVE COMMERCIAL (CI-1). EZ 11-00004) WHEREAS, ILJ Invest nts, Inc. is the owner and legal located at Mormon Trek Boule and and Dane Road, Johnson WHEREAS, ILJ Investmen ,Inc. has requested annexa tract into the City of Iowa City, to ;and WHEREAS, the City of Iowa owns the adjacent 3.0 to the south and wishes to annex an ezone said right-of-w WHEREAS, the Comprehensive an indicates that t development; and WHEREAS, the Planning and Zoning Co that it complies with the Comprehensive PI WHEREAS, Iowa Code §414.5 (2011) conditions on granting an applicant's rezoning public needs caused by the requested change WHEREAS, the adjacent property to the uses with increased buffering and lighting stan WHEREAS, Owner has agreed that the I conditions of the Conditional Zoning Agreem~l Molder of approximately 9.71 acres of land nty, Iowa; and and rezoning of the approximate 9.71 acre acre Right of Way of Mormon Trek Boulevard y; and property is appropriate for intensive commercial mmission as reviewed the proposed rezoning and determined and provide that the City of Iowa City may impose reasonable eau t over and above existing regulations in order to satisfy h is residential and should be shielded from commercial and npe y shall be developed in accordance with the terms and to en ure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED B THE CITY OUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereb reclassified from its current zoning designation of County Agricultural (A) to Intensive Commercial (CI-1 ): Outlot A, Meadowlark Hill S and Subdivision to Johns County, Iowa, according to the recorded plat thereof, recorded in pl book 55 at page 132 in the cords of the Johnson County Recorder's office, and all of the adja nt Right of Way of Mormon Tre Boulevard to the south of said Outlot A, containing 12.72 acres. SECTION II. CON[ The Mayor sign, and the City Clerk a est, the Conditional Zoning Agreement betwe~ following passage and proval of this Ordinance. zoning map of the and publication of G MAP. The Building Official is hereby authorizes of Iowa City, Iowa, to conform to this amendment u ordinance as approved by law. 9 directed to change the the final passage, approval SECTION ~ ERTIFICATION AND RECORDING. Upon passage and a royal of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance a associated conditional zoning agreement and record the same in the Office of the County Recorder, Joh son County, Iowa, at ILJ Investment, Ins.'s expense, upon the final passage, approval and publication of this~ordinance, as provided bylaw. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. hereby authorized and directed to n the property owner and the City, b' Ordinance No. Page 2 of 2 SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as ~ovided by law. Passed and appro~ed this day of ~ 2011. MAYOR A Approved by > I, ~` f City Attorney's Office ., ~ ; ~. ~~iN l(i '~ FILED CITY CLERK -~~~' ~ 3 2Q11 \t'.3a q .m Ciry Clerk Iowa Ciry, Iowa CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was ackn wledged before me on 2011 by Matthew J. Hayek and Marian K. Karr a Mayor and City Clerk, resp tively, of the City of Iowa City. Notary ublic in and for the State of Iowa ~fp or Seal) (and Rank) CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before r'~ie on as Inc. Notary Public in , (Stamp or Seal) ~~ FI~ Title (and Rank) r~F~23201 Ciry Cl [owa Ci , , lowa 2011 by of ILJ Investments, for said County and State ppdadm/agt/revised cza rez11-00004.doc 3 Prepared by: Lorin Ditzler, PCD, 410 E: Washington, Iowa City, IA 52240 (319) 356-5234 (REZ11-00004) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and ILJ Investments, Inc. (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 9.71 acres of property located at the northeast corner of the intersection of Mormon Trek Boulevard and Dane Road; and ; WHEREAS, the Owner has requested he rezoning of said property from County Agricultural (A) to Intensive Commercial zone (CI- ); and WHEREAS, the Planning and Zoning Com fission has determined that, with appropriate conditions re arding buffering and lighting, th requested zoning is consistent with the Comprehensiv~lan; and WHEREAS, Iowa Code §414.5 (2011) pr vides that the City of Iowa City may impose reasonable condition on granting an applicant' rezoning request, over and above existing regulations, in order to atisfy public needs cause by the requested change; and WHEREAS, the ner acknowledges reasonable to ensure the d velopment of the p Plan and neighborhood comps 'bility; and ~ certain conditions and restrictions are y is consistent with the Comprehensive WHEREAS, the Owner agr~es to develo~ this property in accordance with the terms and conditions of a Conditional Zoning A reement. NOW, THEREFORE, in consideration~f th~ mutual promises contained herein, the parties agree as follows: \ 1. ILJ Investments, Inc. is the legal title Ider of approximately 9.71 acres of land located at Mormon Trek Boulevard and Dane oa ,Johnson County, Iowa, formally described as: Outlot A, Meadowlark Hill Secon Subdivisi n to Johnson County, Iowa, according to the recorded plat thereof, recorded i plat book at page 132 in the records of the Johnson County recorder's office, conta' ing 9.71 acres. 2. The Owner acknowledges t at the City wishes to nsure conformance to the principles of the Comprehensive Pan and South Central istrict Plan. Further, the parties acknowledge that Iowa ode §414.5 (2011) provid that the City of Iowa City may impose reasonable conditions on granting an applica is rezoning request, over and above the existing regulations, in order to satisfy public eds caused by the requested change. 3. In consideration of the City's rezoning the subject prop y, Owner agrees that development of the subject property will conform to all other re irements of the zoning chapter, as well as the following conditions: GTT F ;vllaR 2 3 2011 ~ \'. 3 0 4 .yh . Ciry Clerk Iowa City, Iowa ppdadm/agUrevised cza rez11-00004.doc 1 a. A 20 foot wide landscape buffer, meeting a minimum of S3 screening standards, as set forth in the Iowa City Code of Ordinances, will be installed along the north property line. b. Outdo~ir lighting may not be mounted higher than 30 feet. 4. The Owner and ity acknowledge that the conditions contained herein are reasonable conditions to im se on the land under owa Code §414.5 (2011), and that said 'conditions satisfy p blic needs that are cause by the requested zoning change. 5. The Owner and City cknowledge that in the event the subject property is transferred, sold, redeveloped, or ubdivided, all redevelo ment will conform with the terms of this Conditional Zoning Agre ment. 6. The parties acknowledge at this Condition I Zoning Agreement shall be deemed to be a covenant running with th land and with tle to the land, and shall remain in full force and effect as a covenant wit title to the nd, unless or until released of record by the City of Iowa City. The parties further acknowledge at t s agreement shall inure to the benefit of and bind all successors, representatives, an signs of the parties. 7. The Owner acknowledge(s) that n th' g in this Conditional Zoning Agreement shall be construed to relieve the Owner r Ap licant from complying with all other applicable local, state, and federal regulatio s. 8. The parties agree that this onditional Z Wing Agreement shall be incorporated by reference into the ordinance ezoning the su 'ect property, and that upon adoption and publication of the ordinanc ,this agreement s all be recorded in the Johnson County Recorder's Office at the A plicant`s expense. Dated this day of CITY OF IOWA CITY 2011. Matthew Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: u ~ ~~ ity Attorney's Office 3~i~~~~ ppdadm/agUrevised cza rez11-00004.doc By: By: FILED ~K ~ 3 zot~ \~', 30 V .nom City Clerk Iowa Cin ,Iowa 2 Prepared by: Lorin Ditzler, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5234 N O ORDINANCE N0. o~ ~ ~ AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 12.72 ACES ~ a.,~. LAND LOCATED AT MORMON TREK BOULEVARD AND DANE ROAD FROIV)~~1N Wit( $~^" AGRICULTURAL (A) TO INTENSIVE COMMERCIAL (CI-1 ). (REZ 11-00004) ~~ . `r7~ ~ WHEREAS, ILJ Investments, Inc. is the owner and legal titleholder of approximatie.71~res ~nd located at Mormon Trek Boulevard and Dane Road, Johnson County Iowa; and ~:~: WHEREAS, ILJ Investments, Inc. has requested annexation and rezoning of the approxirr~e 9.71 acre tract into the City of Iowa City, Iowa; and WHEREAS, the City o Iowa City owns the adjacent Right of Way f Mormon Trek Boulevard to the south and wishes to annex an rezone said right-of-way; and WHEREAS, the Comprehe sive Plan indicates that the property is ppropriate for intensive commerical development; and WHEREAS, the Planning and Wing Commission has reviewed he proposed rezoning and determined that it complies with the Comprehensi Plan; and WHEREAS, Iowa Code §414.5 ( 09) provides that the C~ of Iowa City may impose reasonable conditions on granting an applicant's rez ing request over and ove existing regulations in order to satisfy public needs caused by the requested Chan e; and WHEREAS, the adjacent property to th north is residen al and should be shielded from commercial uses with increased buffering and lighting Stan rds; and WHEREAS, Owner has agreed that the pr erty shall a developed in accordance with the terms and conditions of the Conditional Zoning Agreement to , nsure propriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CI SECTION I APPROVAL. Property described below is hereby reclassified (A) to Intensive Commercial (CI-1 ): ~ NCIL OF THE CITY OF IOWA CITY, IOWA: its current zoning designation of County Agricultural Outlot A, Meadowlark Hill Second Subdiv~ ion to Johnson County, Iowa, according to the recorded plat thereof, recorded in plat book 55 a page 132 in the records of the Johnson County recorder's office, and all of the adjacent Right of ay of Mormon Trek Boulevard to the south of said Outlot A, containing 12.72 acres and is subject easements and restrictions of record. SECTION II. CONDITIONAL ZONI AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the onditional Zoning Agreement between,the property owner and the City following passage and appr vaf of this Ordinance. ''~ SECTION III. ZONING MAP. T e building official is hereby authorized and dir ted to change the zoning map of the City of low City, Iowa, to conform to this amendment upon final passage, approval and publication of a ordinance as approved by law. `~ SECTION IV. CERTIFIC ION AND RECORDING. Upon passage and approval o`fi he Ordinance, the City Clerk is hereby uthorized and directed to certify a copy of this ordinance an ssociated conditional zoning agr ement and record the same in the Office of the County Recorde Johnson County, Iowa, at the wner's expense, upon the final passage, approval and publication f this ordinance, as prov' ed by law. SECTION V. RE ALER. All ordinances and parts of ordinances in conflict with the provisi ns of this Ordinance a hereby repealed. SECTION VI. VERABILITY. If any section, provision or part of the Ordinance shall be adj dged to be invalid or constitutional, 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 JI. 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 , 2011. Ordinance No. Page 2 of 2 MAYOR Approved by City Attorney's Office ATTEST: CITY CLERK 0 ~ ~~ _ ~ :'~~ ~~ ~ .a s ! ~~ j'~ ~ --- ~ ~~: T' cJ~ rn Prepared by: Lorin Ditzler, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5234 (REZ11-00004) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and ILJ Investments, Inc. (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 9.71 acres of property located at the northeast corner of the intersection of Mormon Trek Boulevard and Dane Road; and WHEREAS, the Owner has requested the rezoning of said property from County Agricult I (A) to Intensive Commercial zone (CI-1 ); and WHERE ,the Planning and Zoning Commissio has determined that, with appropriate conditions regar ' g buffering and lighting, the re uested zoning is consistent with the Comprehensive Plan;.and WHEREAS, lowa`Code §414.5 (2009) pr ides that the City of Iowa City may impose reasonable conditions on granting an applican s rezoning request, over and above existing regulations, in order to satisfy`~ublic needs cau ed by the requested change; and WHEREAS, the Owne acknowle es that certain conditions and restrictions are reasonable to ensure the develo ment of the property is consistent with the Comprehensive Plan and neighborhood compatibilit ~ an WHEREAS, the Owner agrees to d elop this property in accordance with the terms and conditions of a Conditional Zoning A ee ent. NOW, THEREFORE, in consid ation oft mutual promises contained herein, the parties agree as follows: 1. ILJ Investments, Inc. s the legal title holder``of approximately 9.71 acres of land located at Mormon Trek Boul and and Dane Road, Johnson County, Iowa; and 2. The Owner ack owledges that the City wishes to ensure conformance to the principles of the Comp hensive Plan and South Central District Plan. Further, the parties acknowledg that Iowa Code §414.5 (2009) provides that the City of Iowa City may impose re onable conditions on granting an applicant's rezoning request, over and above th existing regulations, in order to satisfy public needs caused by the requested change. 3. In c sideration of the City's rezoning the subject property, Owner agrees that dev opment of the subject property will conform to all other requirements of the zoning ch ter, as well as the following conditions: ,~ _o a. A 20 foot wide landscape buffer, meeting a minimum of S3 scri~~g s~ndards~ will be installed along the north property line. .~ ~ ~ i b. Outdoor lighting may not be mounted higher than 30 feet. ~~ i '®°°' --t n -v `~, ~~ ~ ~ ~~ t; ppdadm/agUconditional zoning agreement rez11-00004.doc 1 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2009), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner 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 t the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledge(s) that nothing in this Condition oning Agreement shall be construed~~o relieve the Owner or Applicant from com ying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning greement shall be incorporated by reference into the ordinance rezoning the subje property, and that upon adoption and publication of the ordinance, this agreement all be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of CITY OF IOWA CITY Matthew Hayek, Mayor Attest: Marian K. Karr, City Approved by: City Attorney's Office 2011. ~~ By: By: 4 c.~ ~co ~ --s -- =~ ~~ i ..... ~ °"~~ r~ ~, ~ ~ ~~ ~ cs yr •..,.~ ppdadm/agt/conditional zoning agreement rez11-00004.doc 2 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of A.D. 20 ,before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and C~r 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. Public in and for the State of Iowa y commission expires: ~,, 0 CORPORATE ACKNOWLEDGEM STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of a Notary Public in and for the and did say that they are the / ;,G ~ ~ A. D. 20 ,before me, ncsign~ of Iowa, per Wally appeared _, to me pe onally known, who, being by me d sworn, and ,respectively, of said corporation executin the within and foregoin instrument to which this is attached, that (no seal has been procu d by the said) corporatio ;that said instrument was signed (and sealed) on behalf of (the eal affixed thereto is the seal said) said corporation by authority of its Board of Directors; an that the said and as such officers acknowl ged the execution of said instrume t to be the voluntary act and deed of said corporation, by i and by them voluntarily executed. Notary Public in and Apr said County and State INDIVIDUAL CKNOWLEDGEMENT: STATE OF WA ) ss: JOHNSON COUNTY ) On this day of , 20 ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared to me known to be the identical persons named in and who executed ppdadm/agt/conditional zoning agreement rez11-00004.doc J the within and foregoing instrument, and acknowledged that f he/she/then) executed the same as (his/her/their) voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of Public in and for`.., the did say that the person is said limited liability company A.D. 20 ,before me, the undersigned, a Notary State of Iowa, personally appeared to me personally kn wn, who being by me duly sworn, (title) of ,and that said instr ment was signed on behalf of the authority of i managers and the said the execution of aid instrument to be the voluntary act and deed of said limited liability company PARTNERSHIP ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) it voluntarily Notary P blic in and for the State of lowaa ~~ My ommissio expires: ~~ ~ ~ ~ ~• ~' "~ ~ ~ ~ c -~' ~ On this day of , 20_, before me, the undersi ed, a Notary Public in and for the State of Iowa, persona appeared , to me personally known, who being by me duly sworn, did say that the person is one of the partners of an Iowa General/Limited Pa ership, and that the instrument was signe on behalf of the partnership by authority of th partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it, and by the partner voluntarily executed. Notary Public in and for the State of Iowa My commission expires: ppdadm/agt/conditional zoning agreement rez11-00004.doc 4 Prepared by: Lorin Ditzler, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5234 ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 12.65 ACRES OF LAND LOCATED AT MORMON TREK BOULEVARD AND DANE ROAD FROM COUNTY AGRICULTURAL (A) TO INTENSIVE COMMERCIAL (CI-1 ). (REZ 11-00004) WHEREAS, ILJ Investments, Inc. is the owner and legal titleholder of approximately 9.71 acres of land located east at Mormon Trek Boulevard and Dane Road, Johnson County, Iowa; and WHEREAS, ILJ Investments, Inc. has requested annexation and rezoning of the approximate 9.71 acre tract into the City of Iowa City, Iowa; and WHEREAS, the City of Iowa City owns the adjacent right-of-way of Mormon Trek Boulevard and wishes to annex and redone said right-of-way; and WHEREAS, th Comprehensive Plan indicates that the property is appropriate for intensive commerical development; and WHEREAS, Iowa de §414.5 (2009) provides that the City of Iowa City may impose reasonable conditions on granting an a licant's rezoning request over and above existing regulations in order to satisfy public needs caused by the re uested change; and WHEREAS, Owner has ag ed that the property shall be developed in accordance with the terms and conditions of the Conditional Zonin Agreement to ensure appropriate Bevel pment in this area of the city. WHEREAS, the Planning and Z ing Commission has reviewed the roposed rezoning and determined that it complies with the Comprehensiv Plan. NOW, THEREFORE, BE IT ORDAINED B THE CITY COUNCIL O THE CITY OF IOWA CITY,~QWA: cr SECTION I APPROVAL. ~ aC Property described below is hereby reclassi ed from its rrent zoning designation ofty R~icult~ (A) to Intensive Commercial (CI-1 ): ~-~ ~ C"~ Insert legal description here ~~ "'© ~ `~ ~~ 3 SECTION II. CONDITIONAL ZONING AG EME T. The mayor is hereby authorized ~i~ire~d to sign, and the City Clerk attest, the Con ' onal Zonin Agreement between the property'i~vner ai~the City following passage and approval this Ordinanc SECTION III. ZONING MAP. The ilding official is he by authorized and directed to change the zoning map of the City of Iowa ,Iowa, to conform to is amendment upon the final passage, approval and publication oft ordinance as approved b the City Clerk is hereby conditional zoning agr County, Iowa, at th v -N AND RECORDING. Upon rized and directed to certify a and record the same in the expense, upon the final pass >age and approval of the Ordinance, r of this ordinance and associated of the County Recorder, Johnson approval and publication of this ordinance, as pro Bed by law. SECTION V. R EALER. All ordinances and parts of ordinance in conflict with the provisions of this Ordinanc are hereby repealed. SECTION V . SEVERABILITY. If any section, provision or part of th Ordinance shall be adjudged to be invalid unconstitutional, such adjudication shall not affect the va ~dity of the Ordinance as a whole or ny section, provision or part thereof not adjudged invalid or u constitutional. SF(:TI VII EFFECTIVE DATE. This Ordinance shall be in effect aft r its final passage, approval and publication, as provided by law. Passed and approved this day of , 2011. MAYOR ATTEST: CITY CLERK