Loading...
HomeMy WebLinkAbout2011-04-19 Ordinance~. C Prepared by: Christina Kuecker, Assoc. 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 , 2~ MAYOR ATTEST: CITY CLERK Approved by `"~ City Attorney's Office `~ j ~ LG 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 Vote for passage: AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. Second Consideration 4/19/2011 Vote for passage: AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None. 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. ~ ,' ~ t 1 John W~f Moreland, Jr., President and~Secretary Attest: Marian K. Karr, City Clerk Approved by: -•+. lt~ic rat ~~~~ ~ City Attorney's Office ~lzr /~( 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 Z~S~ day of March, 2011, by John W. Moreland, Jr. as President and Secretary of Arlington Development, Inc. ~~ti~~ ~~ -~ ~~e CAROLINE K. JENS Notary Public in and r the State of Iowa ~~ CoM mfeslon Num E~ires~ ow ~ My commission expires: {01040416. DOC} ~SZ~d"~ Via ~d N%yeeee[ I~ yoyb _ ~ ~~ ~rf ~~~ Wa~~~MtcV$C ~VB lL O~ C~ N ~~~ d~ >~ ~s3 ~ o~ poo i~~~3F ' o . a T 9p ~ ~ €~4 :. s , ~ ,I, „ „ ,,,,,,,,,. , i ~ ~ ~ ;, i~; d II ~~ #aaMpa.awaeo~~,,, ( ~©~ ~4B ~~' ~ o o~ i~ i ic-aa -°~ y gb p,l x I ybi 3 III i! ~aaMag.aa~Ao.1 I ~ aR= ~{ ii I; i x4'3 ~i~ ~ ~y~$ ~ ~ S ~~ ~~ y ~ ~ ~ f p' „8adx"„ ~ :~ a~64@p gbbgbq ~ ,q ~ H ~ C E~ 2b off: ~~l xG ~e ~ ~~Y YY S's pp Ri~x~: a gAdgb ~a g ~~i q ~ q ~2 ~ ~ ~~W~ '~~ _ R ~ A~^rv " ~~ ~~ ~saq W~ ~° ~ ~~~~~ ~;p~Q~ a ~ ¢~~ @~ a~aa ~a y s~ ° ag`~~3 W ~ ~ K~ ^~ ~~~~ Q C®~ Q `A a r ~~ O W ~ ~5 a ~,~ U R„.~ ~ ~ ~ ~?~a z~ o `s w !~ ~~~ a O ~$~ ~_ ~' r--~ o~.~t a ~ ~aga~5.r...~ !d~ ..~_ .._ - _-, -..~.. -~- - - ~- __ .--,., -. - -~ ,. -- --- __-_ ,..~ mos _ __-- soox tai ara+r _ ___ _ _- ~~ rs.~c .o.or _ _-_ _ yy _63~~ _ - ~ ___'________. _____ ; ~~ ._ ~ w _.._ .. a \ ;d ,,,r. I qq f i ~ ' ~ ' ~~~ i ~ ~ 3~ F', i t ' ~ O - ~~ --- --------- ----------- - ----------- _ Q,,; - ..~~,~ - "'AAA...~~~ ~ ~' I ` §~~ ~Q~O Y p ~ F2~'~ ~e ~ 1 1'~~~ ~ :# O I i ~ .~~ 5°~ _ ~ :cam. ~ -r i ~ ~5 d Y{ _k "a ~~ax~ ~ ~' ; ~,s p~ d ~ • a ~s ~3a5 „b ~ ~~ ~ d a - ~ ~ '; ~ ~ i :s 4~' a°"o ~~~ i 0 ~ \ ; a ii : : x . i i _ .. .. n.. -- ~ ----- .__----- _ _ __ / x *BsiS~ iaworroiwuaw - -- - - - _ _ ~ - $ ~ ~ I ram prod ~~ ®aon no~a o ~ ~ i 1 ° W ° ~ I p / ~° r.. ~~~~~~a~~~~a ~ 3 ~~~ PP qSS wa ~~~ ~~~~~~~~G~q~ ~ a wd N°a~s~ p.d €~ HN ~ N p ~~~~~ ~ ~~ ~~ o~ s ~ ~ eg 9E ~i$t~~~~ge~~~~~~1'~ ~ 4 ~ ~g ( al 3 F "~ ~ gg i s 6E ~ @~ tl k~ iR94 t ppi ~ y 6 ~ ~ ~ ~~ 1 ~ N Q~ Fi ~ 3' ~ 6 ~ ~! d o t 4p Pff i g 9- jj i YY { pp e[ 5 gqE F { r 3 ~ q~ ¢q g ~ ~~ ~ @g p @g Y ~~ # ~y~y~ 1 ~ ~g ~ ~~ ~~ ~~ ~ A t P ea .a :~ E :r ka .BS Z 3 O W z .-~ F+4^^ ~ F-~--1 Q Z ..] w z~ ..=~ (-~ ^~O F+-I `~ qgkq~ d~ ~ ~RR~ U ~~~~ ~ ~~~s ~_ o ~~~ p~~ 9°@ Q n /_!~~ 3 w ~ f8~~~ Aa 6 ~~ 4M l S E4 ~~~FF $ x gg pE 3 R F 9 A A 8 e ` A A 9 A A R A A A k A k A R ~E ; i ~ 9 y ] 9 y ] y ~ ~~ 4 f .. ~ ~ 3 $ 5 t g $ .~ t . E ~ t . f ;, 3 y ~ ~~ t 6 A ] t 6 t 4 t 4 t 6 4 4 E b t 6 t '0 ~ -0i ~ 33 y ~ ~ p pp i yy 3 ~ ~ ~ ~ ~ ~ ~ ~ py tl ~ y P~ d ~ ~ ~ ~ ~ E @~@ 4 ~ ~ ~ ~ ~ g ~ g ~ ~ ~ [ 9 ~ ~ ~ ¢j22 ~, I ~ ~ ~ ~ ~ $ ~ 4~ { E ~ ~ ~ E .S5 " $~ 4 S ~ ( ig ~ g~ E yp 5 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ f A 1 9 ~ Y I 8 C B ~ ~ ? 4 4 ; P t A A d ~ ~ x d z x W z g ' '~~' ? v 1 S F / ~ ~ ~t 1 7 1... ; ? x- - -- ~ R yy_ A d? x x r t 6aJ 0 H Jd ,~--, a+v uv a ,. _ _ _ ~ __- _ ~ I __-_ _ _ Bd~i~ }~ II+ I I x P 1 ~ ____ ~ 1 I I 5. Y I ~ I I I I I ~ ~g~ i h. ` ; Y. S~ a ;~ P S - __ _. . I ~ I I I 1 I -__ -- J, _______ _ __ ______ _T t- ___ __ __ kIkY~7l/11~1W I ~I I ~~~ ;: I I I ~ .« +~ 6 ~p I ~~ 4 I TTT111"'yl E I 1 :M .* - ~ :t I I I I i - .w a 4 F I'' ttt 1 7 y I ~ aza 8 t r r t~P a gQg i ~ d 6 z 0 w J !11 z O '"1 z d Q a u z u a z 0 Q W w W _Q N z 0 d W w W j ~~411-~9 j j ~~411-,6 j ~ OI-.9 3' ~~O~I_~g i X13 dl~ q smoarom I p~w~w p~~I p1f ~NO4NVELL~ ~pqJ gl~ ~1,N630o z. G M dl OJ 6 QI ~iH tt L~ z 0 Q } w w z O w L u `u ,~ 0 ,~ z 0 d } w w w O z 0 ~- Q } w w QC d w „OI-,9 w ,101-,9 dl'gl smoawm 1 ~~ ~I~ ~~WWWO6NVT~1 ~~ ~~ O; 1,N4304 ~~ ~~~ ~ r --• Prepared by: Lorin Ditzler, PCD, 410 E. 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 ): 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, 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 (~~_ City Attorney's Office ~ i I ~; { ~ ~ Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 4 / 5 / 2 that the Ordinance Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Bailey. NAYS: Champion, Wright. ABSENT: None. Second Consideration 4 / 19 / 2011 VotefOrpaSSage:AYES:Wilburn, Bailey, Dickens, Hayek, Mims. NAYS: Wright, Champion. ABSENT: None. 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 rent 1-00004.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 ~ ~~ "~'-" Attest: Marian K. Karr, City Clerk By: Approved by: ~ ~~ ity Attorney's Office 3~i~~j~ ppdadm/agUrevised cza rez11-00004.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~rr-~~r Z5 2011 by ~?~,~k Lr. sC_'~ne;c~2 r as ~r~°S'1 Gi/-~rt--~ of ILJ Investments, Inc. Notary Public in and for said County and State (Stamp or Seal) F~ ~ ic= ~~.1.1c 6~ TUTi'LE '~ ,~3.~Commisi n ~ ~mber221819 SS C ~, ~o i 1~ 'rn~ Expires Title (and Rank) LL ~ :~_y--~,5 I La._. ppdadm/agUrevised cza rez11-00004.doc 3 5~ Robert J. Libby One Oaknoll Court Iowa City, Iowa 52246 3 pril 17, 2011 To: Entire Iowa City council Re: Proposed re-zoning of present strip farm land adjoining the George Dane property on the south and next to Mormon Trek Boulevard. As a long time resident of Iowa City and an equally long time friend of Mr. Dane I find it objectionable to zone that strip of farm land as Intensive Commercial. I agree with Mr. Dane that commercial office zoning is more suitable due to the proximity of the land to property that will become a park area.( Mr. Dane having already declared his farm will become a park once none of his family live there.) I have visited the Dane's many times since 1947 and am well aware of it's desirable park-like atmosphere. I ask you to not allow intense commercial to apply to the land in question. Thank you for your consideration. Respectfully yours, Robert J. Libby N O 0 ~ ~ b T ' 1 n~ ~~ ~ ~r rn a• Q~ = c w ._~ ~ J: Marian Karr From: Dr. Bill and Barbara Straube <Gr8NWLvg@pacifier.com> Sent: Monday, April 18, 2011 1:18 AM To: Council Subject: Rezoning adjacent Dane Farm This correspondence will become a public record. City Council Iowa City, IA Dear Council Members: I am writing to ask you to reconsider the zoning proposal for the current plot of land adjacent to the Dane Farm, southwest of town. It appears that this plot of land is the last one left in the area that has a panorama view of the city, river valley, and farmland to the south. If the view is blocked off by industrial buildings, it will be gone forever; and, I am not aware of another place in Iowa City to find a similar view. We have personally tried to live in areas that had that kind of view because it is so uplifting to your spirits. That same feeling would be invaluable in a park and that was one of the reasons the Dane family gifted their land to be a future park. Without that distinguishing feature, the park would be the same as any other closed-in area with some grass and trees. It's uniqueness should be preserved. I thank you for considering this appeal and hope that you can preserve this valuable resource for the city. Dr. and Mrs. William D. Straube home: 360-573-0831 email: Gr8NWLvaCa~pacifier.com Marian Karr From: ROBERT BALLOU <BALLOUR1616@MSN.COM> Sent: Saturday, April 16, 2011 1:15 PM To: Council Subject: Zoning near future Dane park To the Iowa City Council: I am encouraging you to zone the strip of land on the south side of the future Dane Park to CO-1. The Dane family has been generous to the Iowa City community for generations and has put in place their future plans for the George and Marjorie Dane farm to become a 16 acre park. The CO-1 zoning near their future park seems appropriate for the community. Thank you for your consideration. Janet Martin ~._~" ~" 6g Marian Karr From: Regenia Bailey <bailey@avalon.net> Sent: Friday, April 15, 2011 9:38 PM To: Marian Karr Subject: FW: Rezoning Adjacent Land to Dane Hilltop 16 Acres From: Oaknoll Retirement Residence [mailto:oaknollretirementresidence@gmail.com] Sent: Friday, April 15, 2011 3:41 PM To: matt-hayek@iowa-city.org; ross-wiburn@iowa-city.org; regenia-bailey@iowa-city.org; susan-mims@iowa-city.org; mike-w rig ht@iowa-city. o rg Subject: Rezoning Adjacent Land to Dane Hilltop 16 Acres April 15, 2011 Mayor Matt Hayek Mr. Ross Wilburn Ms. Regenia Bailey Ms. Susan Mims Mr. Mike Wrights Dear council members, am sending this on behalf of Frank Snider, Jr. since his a-mail is currently inoperable. If a response is warranted, please feel free to respond to this a-mail address and we will get the response to him, or mail a response to the address below. RE: Rezoning Adjacent Land to Dane Hilltop 16 Acres After growing up in Iowa City, my wife and I decided to return and retire in Iowa City. Hopefully those of you who have not experienced the views the site offers in all directions should go there to evaluate the location to rezone the adjacent strip of land. Significant words are hard to come by. My wife and I have been to the location on many occasions. To preserve the quality of the potential park area, the strip of land on the south side of the site should receive a CO-1 zoning. Sincereley, Frank J. Snider, Jr. 1 Oaknoll Ct. #603 Iowa City, IA 52246 ~C~ Marian Karr From: hbwmb3@aol.com <hbbwmb3@aol.com> Sent: Friday, April 15, 2011 4:23 PM To: Council Dear Iowa City Council members, We, Helen and Bill Byington, longtime Iowa City residents, have many times visited the Dane Family Property over the years, and feel that zoning it as Commercial, C1-1 would be wrong. Commercial , CO-1 would be much more suitable, and benefit so many people. Please give this matter careful consideration. Helen and Bill Byington, 1 Oaknoll Coiurt, Iowa City, Iowa 52246 ~~ Betty Singer 1 Oaknoll Ct Iowa City, IA 52246-5250 ~i~~,~ ~~~~d r/ ~~ ~~~~~~ ~. , o~~~ ~ ~ ~ ~'~ o~~--- ~~ 1~ ~. ~~c~Fs ~. ~0`' j ~~:. ~~~,~ ~ ~ a .~. -~ c~, ~,, _. L`~ ~+~^ ~"'~ ~"? j+... --~ ~~ ~~ .a. .~ ....~. N AO 4 ~~ NEUROLOGICAL ASSOCIATES OF IOWA CITY, P.C. PEDIATRIC AND ADU L7 NEUROLOGY MERCY MEDICAL PLAZA 540 E. JEFFERSON, SUITE 105 IOWA CITY, IOWA 52245-2463 RICHARD F. NEIMAN, M.D. R. TYSON GARRETT, M.D. TODD AJAX, M.D. JENNIFER I. STERN, M.D. April 14, 2011 Matt Hayek Iowa City Council 410 E. Washington Iowa City, IA 52240 Dear Matt: (319) 338-5451 1 -800-235-61 74 (319) 338-9366 FAX I have talked to George Dane about the up coming development near his farm. I understand that the 16 acres on the top of the hill will become a park. It would make sense to have the area below be zoned for commercial office rather than more heavy industrial zone. I went through this with Hickory Hill Park in a development near our house about 10-15 years ago and was able to have a quality housing development produced and preservation of the park. Iowa City needs open areas to enhance our city. This area of park would be greatly diminished with heavy commercial development. The lighter development certainly would fit more with the scheme of the park itself. Any consideration from the council would be appreciated. Sincerely yours, Richard F. Neiman, M.D. RFN:dh rv O Q ~~ w ~ ~ .,..I ~ ~~ ~ ~ ~~ x r•'~ ~ ~~,®~ CITY OF 1~iNA CITY 5d ~ ~~~~~~~ ®~~~ RA N D ~ M M E 1VI O Date: April 13, 2011 To: Tom Markus, City Manager From: Michael Moran, Parks and Recreation Director Re: Dane Property Introduction: The Dane property was offered to the city in 2005 under certain conditions. Due to the length of time that has passed since then some recollection is in order. History/Background: John and George Dane attended the Iowa City Parks and Recreation Commission meeting of November 9, 2005. At that time they presented the attached information concerning their "donation" of land to Iowa City for the purposes of a park. The commission at that time made a motion to accept the Dane's offer. Discussion: Since that time nothing has been done to further accept or formalize this offer. There has been no contact with the Iowa Natural Heritage Foundation or resolutions by Council concerning this property. A discussion that may be needed is does the city and/or commission still feel as though this "donation" is viable and meets the cities need or are we still willing to accept this land even though it could be a very long time until we actually get to use it? Recommendation: I will contact the Heritage Foundation to see if this land has been donated as indicated and what, if any, are our requirements for this. I will have Legal staff investigate any contractual obligations we may have concerning this donation of property as well as a result of our arrangement needed with the Iowa Natural Heritage Foundation, if any. Dane property proposal Presented to Parks & Recreation Commission November 9, 2005 TC Yarks & Recreation Comm. We are hereto visit with you about a piece of high ground SW of the airport and East of Dane Road. At some future time it become a city park. The long-range vistas from this hilltop are unique and special. The sunrises and sunsets are fabulous. The moonrises and moonsets are gorgeous. This, and similar views, are gifts from nature. They should be protected and preserved for the enjoyment of all. A recent CR Gazette article tells of counties in NE Iowa worried about the fast-growing development along their bluff's. A proposed $150 million, 400 unit blufftop condominium complex triggered this concern. "Do we want a bunch of trophy homes stuck all over these bluffs?" Iowa City has already lost from Ridge Road the scenic view of City Park and the double horseshoe bends in the Iowa River. The view of the Iowa River south of the airport and the hills toward Lone Tree now belongs to the residents of the Lodge Apartments along Highway 1, At risk is the Johnson County farm on Melrose Avenue. This is a potential Hickory Hill Park West. The site we are talking about consists of a family residence, some outbuildings, a cellular telephone tower, and surrounding crop and pastureland. Total area is approximately 17 acres. The residence will continue as a family residence until there are no grandchildren of Marjorie and George Dane to live there. 9 At that time the entire site will be gifted by deed to the Iowa Natural Heritage Foundation which in turn will grant a conditional use permit to the Iowa City Parks and Recreation Commission for the site to be used only as a park and recreation area as outlined in the attached. The reason for the gift to the Foundation is that there have been instances where recipients of donated property have failed to follow the expressed wishes of the donor. The function of the Foundation will be to monitor the use .of the site by the Parks and Recreation Commission. ><n the event of violation of the conditions of the permitted uses, the permit will be terminated and granted to another public body that will follow the permitted conditions. The gift is from the John and George Dane families, in memory and honor of our parents Harald J, and Ethel R. Dane, who purchased the site in 1928 as part of a family farm; and whose stewardship and management during the years of the Great Depression and World War II made this gift possible. 2 Rubs and Regulations on Use (a) No structures or objects, man-made or natural, are permitted that would impair or block the views in all directions or the openness of the fields.' Structures fewer than 15 feet in height and are typical of a park or its recreational facilities are permitted. {b) No additional roads or streets shall be built through or across the property except those needed for access and parking by a park. (c) Existing trees may remain. Cutting of dead wood for firewood or the removal of diseased trees is permitted. (d) When new trees or vegetation are added, or when existing trees or vegetation is replaced, all shall be placed, shaped, or trimmed so as not to block or obstruct the views. (e) No commercial, residential, industrial or agricultural structures or improvements of any kind are permitted. However, low-level structures or equipment endemic to park or recreation use are permissible. Structures not exceeding one story in height for picnic shelters, concession stands, storage of recreational equipment, or similar structures Found in parks are permitted_ Also necessary overhead power lines and the existing tower and its replacement are permitted. The existing residence may remain. (f) No surface or subsurface mining or removal of fill material. . (g) The property will be maintained and used for purposes consistent with a public park and recreation area and named, "Dane Family Park". - 3 r 11 11 01:52p David Larsen Y April 11, 2011 To: Iowa City Council From :David Larsen 277 Hickory St Kalona, Iowa 52247 319-656-5271 p • 1 Subject: consolidating of the 2"d and 3rd readings. (n regard to 12.72 acres located at Mormon Trek and Dane road. This is a request on behalf of IU Investments, Inc. to consolidate the 2"d and 3rd readings. Th k David Larsen Facilitator N ~ ~ ``'~y 'w'~. 1t g .n , ~k "° 1 .~.~ •~ '^~ ~ v `~ `~ /'(,~ y ~~~ Marian Karr From: bjthayer@aol.com Sent: Tuesday, April 12, 2011 7:33 AM To: Council Subject: Dane Property I am writing to ask the council to please reconsider the zoning proposal that would industrialize the land surrounding the Dane Property. George Dane has planned a wonderful gift of his property for future generations in the form of a park. The city council has a priceless opportunity to make this entrance into Iowa City a welcoming gateway. Please don't compromise what visitors to our town might first encounter by making this area a dense industrial site. If you've not had a chance to visit the Dane property, I encourage you to do so. It is a beautiful site. Something that Iowa City could, and should, be proud of. Sincerely, Diane Thayer 5 Longview Knoll NE. Iowa City, Iowa 319-338-4072 17 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," SECTION 5, ENTITLED, "USE BY MOBILE VENDORS," TO DECREASE THE NUMBER OF VENDORS IN CITY PLAZA, TO ELIMINATE THE MINIMUM HOURS REQUIREMENT, AND TO ALLOW ANY TYPE OF FOOD OR BEVERAGE. WHEREAS, regulating the public right-of-way by commercial businesses ensures the safe movement of pedestrians and fair commercial use of the right-of-way; WHEREAS, section 10-3-5 presently provides that the City may issue eight permits for mobile vending in City Plaza and that the vendors operate a minimum number of hours; WHEREAS, one of the conditions for granting a mobile vendor permit is that the vendor not sell substantially the same food or beverage product as another vender; WHEREAS, decreasing the number of vendors will lessen the congestion in City Plaza; WHEREAS, decreasing the minimum hours of operation will allow vendors more flexibility in operating their businesses; WHEREAS, eliminating the variety of products requirement will allow vendors more flexibility and decrease staff time needed to administer this requirement; WHEREAS, it is in the City's interest to decrease the vendors in City Plaza, to eliminate the minimum hours requirement, and to allow any type of food or beverage. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph 2a in its entirety and by substituting in its place the following new paragraph: No more than six (6) permits shall be issued each calendar year. All permits shall be issued for city plaza except that up to two (2) permits may be issued for the 100, 200, and 300 blocks of Iowa Avenue. 2. Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph 2c in its entirety and by substituting in its place the following new paragraph: At a minimum, mobile vendors shall operate from May 1 to October 1. 3. Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraphs 3d, 3h, and 3i in their entirety. 4. Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection B, Paragraphs 10 and 2b in their entirety. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. 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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2011. MAYOR Approved ATTEST: -'-''- y{3 l~ CITY CLERK City Attorney 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 / 19 / 2011 VotefOrpaSSage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published