HomeMy WebLinkAbout2013-10-15 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa, at
7:00 p.m. on the 17th day of September, 2013, in
Emma J. Harvat Hall, 410 E. Washington Street,
Iowa City, Iowa, or if said meeting is cancelled, at
the next meeting of the City Council thereafter as
posted by the City Clerk; at which hearing the
Council will consider:
1. An ordinance conditionally rezoning from
Low Density Multi- family (RM12) zone to
Planned Development Overlay /Low Density
Multi- family (OPD -RM12) zone for 1.311
(11
acres of property located at the southwest
corner of Melrose Ave. and Westwinds Dr.
2. An ordinance conditionally rezoning from
Community Commercial (CC2) zone to Low
Density Multi- family (RM12) for 2.19 acres of
property located east of N. Dodge St., north of
Conklin Lane, an and west of Dodge St. Ct.
3. An ordinance amending title 14: Zoning to
allow additional building height and floor area,
alternative ground floor transparency and
building articulation standards and lower
parking requirements for properties zoned
Central Business Support (CB2) in the
Riverfront Crossings District.
Copies of the proposed ordinances and
resolutions are on file for public examination in the
office of the City Clerk, City Hall, Iowa City, Iowa.
Persons wishing to make their views known for
Council consideration are encouraged to appear
at the above - mentioned time and place.
MARIAN K. KARR, CITY CLERK
10-15-13
4a
Prepared by: Robert Miklo, Senior Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 -
356- 5240(R EZ13- 00019
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.31 ACRES LOCATED AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF MELROSE AVENUE AND WESTWINDS DRIVE
FROM LOW DENSITY MULTI - FAMILY (RM -12) TO PLANNED DEVELOPMENT OVERLAY /LOW
DENSITY MULTI - FAMILY (OPD- RM12). (REZ13- 00019)
WHEREAS, the owner, Willowwind Properties, LLC, has requested a rezoning of property located at
Willow Wind Place and Westwinds Drive from Low Density Multi - Family (RM -12) to Planned Development
Overlay /Low Density Multi - Family (OPD- RM12); and
WHEREAS, the owner proposes to develop Westwinds Second Addition, a 2 -lot residential subdivision
including an existing duplex and a seven unit multi - family building; and,
WHEREAS, the Southwest District Plan indicates that low- density multi - family residential uses are
appropriate for the property; 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 restoration of the stormwater detention facility, driveway and parking easements, pedestrian
access, and design review of the building; 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 agrees 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 RM -12 to
OPD /RM12:
A portion of Lot 3, Westwinds Subdivision, Iowa City, Iowa, according to the recorded plat
thereof, more particularly described as follows:
Commencing at the Southeast Corner of the Southwest Quarter of the Northwest Quarter of
Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00013'31 "W, 1875.00 feet
on the centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast Corner of
the Westwinds; thence West 796.65 feet; thence N00 016'31 "W, 529.34 feet to the Point of
beginning; thence N00 °16'31 "W, 186.02 feet; thence N89 010'16 "E, 139.00 feet; thence
S00 050'44 "E, 139.50 feet; thence N89 °09'16 "E, 19.00 feet; thence S00 °50'44 "E, 48.87 feet;
thence West 159.87 feet to the Point of Beginning.
Also including:
Commencing at the Southeast corner of the Southwest Quarter of the Northwest Quarter of
Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00 °13'31 "W 1875.00 feet
on the Centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast corner of
the Westwinds; thence west 796.65 feet; thence N00 016'13 "W, 715.36 feet to the southerly right -
of -way line of Melrose Avenue; thence N89 009'16 "E, 139.00 feet to the Point of Beginning; thence
N89 °09'16 "E, 134.79 feet; thence Southeasterly 31.58 feet along a 20.00 foot radius curve,
concave Southwesterly, whose 28.40 foot chord bears S45 036'49 °E; thence S00 022'55 "E, 57.45
feet along the Westerly right -of -way line of Westwinds Drive; thence Southeasterly 51.17 feet
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:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 10/15/13
Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Ordinance No.
Page 2
along a 775.00 foot radius curve concave Northeasterly whose 51.16 foot chord bears
S02 016'24 "E; thence SO4 °09'53 "E, 70.86 feet; thence S89 °09'16 "W, 140.70 feet; thence
N00 °50'44 "W, 60.00 feet; thence S89 "09'16 "W, 19.00 feet; thence N00 050'44 "W, 139.50 feet to
the Point of Beginning.
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 by law.
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
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 12013.
u=216
ATTEST:
CITY CLERK
App oved by
�� �
City Attorney's Office '21(?lf--s
10/11/2013 11:37 6126261496 PAGE 04/04
Prepared by; Bailee McClellan, Planninq Intern, 410 E, Washington, Iowa City, IA 52240 (319) 3565230 (REZ13.00019)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), Willowwind Properties, LLC (hereinafter "Owner ").
WHEREAS, Owner is the legal title holder of approximately 1.31 acres of property
located at Willow Wind Place and Westwinds Drive; and
WHEREAS, the Owner has requested the rezoning of said property from Low Density
Multi- family (RM -12) to Planned Development Oveday /Low Density Multi - family (OPD- RM12);
and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding restoration and maintenance of the existing storm water detention facility
and vehicular and pedestrian access to the property, 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 the need for access to the property and storm water maintenance; 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. Willowwind Properties, LLC is the legal title holder of the property legally described as:
A portion of Lot 3, Westwinds Subdivision, Iowa City, Iowa, according to the recorded plat
thereof, more particularly described as follows:
Commencing at the Southeast Corner of the Southwest Quarter of the Northwest Quarter of
Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00 °13'31 "W, 1875.00
feet on the centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast
Corner of the Westwinds; thence West 796.65 feet; thence N00 "16'31 "W, 529.34 feet to the Point
of beginning; thence N00'16'31'9N, 186.02 'Feet; thence N89 °10'16 "E, 139.00 feet; thence
S00 °50'44" E, 139.50 feet; thence N89'09'16 "E, 19.00 feet; thence S001150'44 "E, 48.87 feet;
thence West 159.87 feet to the Point of Beginning,
Also including:
Commencing at the Southeast corner of the Southwest Quarter of the Northwest Quarter of
Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00'13'31 "W 1875.00 feet
on the Centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast corner of
the Westwinds: thence west 796.65 feet; thence N00'16'13 "W, 715.36 feet to the southerly right-
ppdndminpr1mzl3.00019 tAr 110nAI 7000 n9rnmmAn1.000
10/11/2013 11:37 6126261496 PAGE 03/04
of -way line of Melrose Avenue: thence N89 "09'16"E, 139.00 feet to the Point of Beginning; thence
N89 009'16 "E, 134.79 feet; thence Southeasterly 31.58 feet along a 20.00 foot radius curve,
concave Southwesterly, whose 28.40 foot chord bears 845 °3649 "E; thence S00 1122'56 "E, 57.45
feet along the Westerly right -of -way line of Westwinds Drive; thence Southeasterly 51.17 feet
along a 775.00 foot radius curve concave Northeasterly whose 51.16 foot chord bears
802 "16'24 "E; thence SO4 009'53 "E, 70.86 feet: thence 889 °09'16 "W, 140,70 feet; thence
N00050'44"W, 60.00 feet; thence S89 "09'16 "W, 19.00 feet; thence N00 °50144 "W, 139.50 feet to
the Point of Beginning.
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
chapter, as well as the following conditions:
a. A plan for maintenance of the stormwater detention facility to be submitted and
approved by the City Engineer with the final plat.
b. Restoration of the existing stormwater detention facility, including removal of brush,
silt and debris as required by and to the satisfaction of the City Engineer prior to
the issuance of any building permit for any work on the subject land
c. An easement agreement for the shared use of the private driveway that provides
vehicular access to the subject properties from Westwinds Drive shall be entered
into prior to or concurrent with the final platting of any portion of the subject land.
d. An easement agreement to allow Lot 3 of Westwinds to use the existing parking
spaces on the proposed Lot 1 and 2 of the Westwinds Second shall be entered
into prior to or concurrent with the final platting of any portion of the subject land.
e. Review and approval of the building design by the Design Review Committee at
the time of site plan review.
f. Provision of a pedestrian access along Willowwind Place to Westwinds Drive at
time of site plan review and installed prior to the issuance of a certificate of
occupancy for any dwelling unit on the subject property.
g. Provision of an accessible pedestrian route from the any building to Melrose
Avenue to be shown on the site plan and installed prior to the issuance of a
certificate of occupancy for any dwelling unit on the subject property.
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 development 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.
➢➢dedtnla ➢1lroz13.ODO�A romllllonnl mnln➢ opmoment,ano 2
10/11/2013 11:37 6126261496 PAGE 02/04
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 acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
B. 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 i; J'�k day of Ce-40 (0e✓- 2013.
CITY OF IOWA CITY
Matthew Hayek, Mayor
Attest:
OWNER
By: w; iAoa•ww.. d p npm,- *;r- r ahc
Marian K. Karr, City Clerk By:
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 2013 by Matthew 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
(Stamp or Seal)
Title (and Rank)
ppdnamla011mz13.00019 oondllloAN zoning opmomem .doo
10/11/2013 11:37 6126261496 PAGE 01/04
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this I t o"day of &fe be" , A,D. 20 13 , before me, the undersigned, a Notary
Public in and for the State of my %..lem, ' personally appeared
P0611/ S D' /In , to me personally known, who being by me duly sworn,
did say that the person is _ Aryc9ot Gv. Aaww4- el pew-;Per- (title) of
and that said instrument was signed on behalf of the
said mited liability company by authority of its managers and the said
,�/.• acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company by it voluntarily executed,
Notary Public in and for the Stat vh, -nnr- $IOZZ11
My commission expires:
BONITA H. FALKINGHAM
N TARY PUBLIC
M114NESOTA
My 03nmloolon E:PNen Jon, 31, 2016
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