HomeMy WebLinkAbout2015-02-23 OrdinancePrepared by: Sarah Walz, Associate Planner, NDS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
(REZ14-00010)
ORDINANCE NO. 15-4609
AN ORDINANCE CONDITIONALLY REZONING 21.24 ACRES OF PROPERTY FOR A PLANNED
DEVELOPMENT OVERLAY/HIGH DENSITY SINGLE FAMILY RESIDENTIAL (OPD/RS12) ZONE
TO ALLOW 72 MULTI -FAMILY DWELLING UNITS LOCATED SOUTH OF PADDOCK CIRCLE
AND WEST OF HEINZ ROAD. (REZ14-00010)
WHEREAS, the applicant, Steve Gordon, has requested a rezoning of property located south of Paddock
Circle and west of Heinz Road in order to amend the Planned Development Overlay/High Density Single
Family Residential (OPD/RS12) to allow 72 dwelling units to be provided in four multi -family condominium
buildings; and
WHEREAS, the property is currently zoned for manufactured housing and is designated for this use in
the future land use map in the South District Plan; and
WHEREAS, recent changes in financing have made it difficult to obtain mortgages for manufactured
housing on leased lots; and
WHEREAS, the proposed plan for 72 multi -family units will not lead to an increase in density over the 73
units of manufactured housing currently allowed; and
WHEREAS, the applicant has designed the site to be integrated with adjacent streets and open space
with buildings oriented toward the street, extension of trails, and preservation of open space for the benefit of
all residents of the Saddlebrook neighborhood; and
WHEREAS, the mass, scale, and design of the proposed buildings are compatible with the surrounding
development; and
WHEREAS, the applicant will extend public infrastructure by platting and building Shire Lane and
Mustang to City street standards, including sidewalks and street trees; 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 extension of public infrastructure, number of bedrooms, site layout, and building design and
construction; and
WHEREAS, Iowa Code §414.5 (2013) 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 have 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, the attached planned development plan for property described below, zoned OPD/RS12 is hereby
approved:
LOT 6, SADDLEBROOK ADDITION PART 2, AS RECORDED IN JOHNSON COUNTY RECORDER'S
OFFICE BOOK 42, PAGE 246, AND AUDITOR'S PARCEL 2015004, AS RECORDED IN JOHNSON
COUNTY RECORDER'S OFFICE BOOK 59, PAGE 129.
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.
Ordinance No. 15-4609
Page 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 by law.
Passed and approved this 23rd day of February , 2015.
I_:i�� 1►
ATTEST: _/�
C TY CLERK
Approved by
,\4. �� Y�7-e�_
City Attorney's Office 2-1,,h6—
Ordinance No. 15-4609
Page 3
It was moved by Mims and seconded by Dickens that the
Ordinance as read be adopted, and upon roll call there were:
RUAIIS
NAYS:
First Consideration
Vote for passage: AYES:
Botchway, Dickens.
Second Consideration _
Vote for passage:
Date published
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
02/09/2015
Dobyns, Hayek, Mims, Payne, Throgmorton
NAYS: None. ABSENT: None.
---------------
03/05/2015
Moved by Mims, seconded by Botchway, that the rule requiring
ordinances to be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be finally passed be
suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Hayek, Mims, Payne,
Throgmorton, Botchway, Dickens, Dobyns. NAYS: None. ABSENT: None.
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Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ14-00010)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and The Paddock LLC (hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approximately 21.24 acres of property
located south of Paddock Circle and west of Heinz Road; and
WHEREAS, the Owner has requested approval of a Planned Development Overlay Plan
of said property to allow alternative ownership under its current Overlay Planned
Development/High Density Single -Family Residential (OPD/RS-12) zoning; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding extension of public infrastructure, site layout and building design and
construction, and number of bedrooms per unit, the requested zoning is consistent with the
Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2013) 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 improved connectivity and long-term stability of the development; 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. The Paddock LLC is the legal title holder of the property legally described on Exhibit "A",
attached hereto and incorporated herein by reference.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the
Comprehensive Plan and the South District Plan. Further, the parties acknowledge that Iowa
Code §414.5 (2013) 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. Any development shall be in substantial compliance with the site plan and elevations
submitted on November 6, 2014 (including the use of masonry and cement board
siding) and shall be limited to one- and two-bedroom units;
b. Prior to issuance of a building permit for any development activity on the above-
described property, the following must occur:
(00030418 2) ppdadm/agUsaddlebrook aa.doc 1
i. The Owner shall agree, in writing, to install and dedicate Mustang Lane west of
Heinz Road and extend Heinz Road to Mustang Lane as a public improvement
prior to any development east of Shire Lane, which agreement may be done by
amendment to the Saddlebrook, Part Two Subdivider's Agreement, recorded at
Book 3037, Page 304, in the Records of the Johnson County Recorder's Office;
ii. Shire Lane and Mustang Lane shall be platted as public streets;
iii. The applicant will provide a statement from his engineer indicating that the
stormwater detention pond is adequate to handle the proposed development and
that all necessary modifications due to the extension of McCollister Boulevard
can be constructed on site.
c. Prior to the issuance of an occupancy permit for any dwelling units constructed on
the above-described property, Shire Lane shall be extended to the McCollister Blvd.
right-of-way with a temporary turnaround constructed at the south end of Shire
Lane. The cost of removing the temporary turn -around improvement shall be
deposited in an escrow account to ensure that it is removed when McCollister
Boulevard is extended;
d. The City will accept dedication of Shire Lane as a public improvement concurrent
with the dedication of Heinz Road and Mustang Lane. Prior to dedication, Shire Lane
will be inspected by the Public Works Department. Any repairs deemed necessary
must be made by the developer before the City will accept dedication; and
e. The Owner acknowledges that a portion of the Stormwater detention pond serving
the above-described property encroaches on to City -owned property upon which the
City intends to construct McCollister Boulevard. At such time as the City determines
that it will construct McCollister Boulevard, the Owner shall be solely responsible for
timely performing any and all modifications to said stormwater detention pond
necessary to eliminate this encroachment and maintain compliance with the storm
water obligations pursuant to the Iowa City Code of Ordinances. This cost shall be
born solely by Owner, who must provide the City with a letter of credit prior to
issuance of any building permit for development on the above-described property to
ensure satisfaction with this obligation.
4. Upon completion of the items specified in paragraph 3 above, the City shall promptly issue to
the Owner a good and sufficient Release so that this Conditional Zoning Agreement will not
constitute a cloud on the title to 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 (2013), 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.
8. The parties further acknowledge that this agreement shall inure to the benefit of and bind all
successors, representatives, and assigns of the parties.
{00030418 2} ppdadm/agU00030418.doc 2
9. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner from complying with all other applicable local, state, and federal
regulations.
10. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Owner's expense.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
{00030418 2} ppdadm/agU00030418.doc 3
SIGNATURE PAGE TO CONDITIONAL ZONING AGREEMENT
Dated this 23rd day of February, 2015.
CITY OF IOWA CITY
Matthew J. Haye c, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
GG((A- AAMAIM71
City Attorney's Office 2 (fs-
CITY
OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
THE PADDOCK, LLC
By: Steve Gordon, Manager
This instrument was acknowledged before me on f7n��� 2015 by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
l e_ 6-e A - �u �
Notary Public in and for the State of Iowa
(Stamp or Seal) KE_LIE K. TUTTLE
0 � ' Corrirn�ss'nn ?!Urnber 221819
Title (and Rank) ,'l ComBiu Expires
4-7
{00030418 2} ppdadm/agt100030418.doc 4
Paddock LLC ACKNOWLEDGMENT:
State of Iowa
County of Johnson
This instrument was acknowledged before me on this day of February, 2015, by Steve
Gordon, as Manager of The Paddock, LLC. C
Notary Public in'and fdrtp'e State of Iowa
A,�.__�s arw�r muurnT
(Stamp or Seal) ° commission Number 75163
My Cornrpission Expires
Title (and Rank)
My commission expires:
(00030418 2) ppdadm1agtl00030418.doc 5
EXHIBIT "A"
Legal Description
LOT 6, SADDLEBROOK ADDITION PART 2, AS RECORDED IN JOHNSON COUNTY RECORDER'S
OFFICE BOOK 42, PAGE 246, AND AUDITOR'S PARCEL 2015004, AS RECORDED IN JOHNSON
COUNTY RECORDER'S OFFICE BOOK 59, PAGE129.
{00030418 2} ppdadmlagUsaddlebrook cza.doc 6
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ14-
00023)
ORDINANCE NO. 15-4610
ORDINANCE REZONING 34.21 ACRES OF PROPERTY FROM INTERIM DEVELOPMENT
RESEARCH PARK (ID -RP) ZONE TO COMMERCIAL OFFICE (CO -1) ZONE LOCATED NORTH OF
NORTHGATE DRIVE.
WHEREAS, the applicant, SouthGate Companies, has requested a rezoning of property located on
Northgate Drive from Interim Development -Research Park (ID -RP) to Commercial Office (CO -1); and
WHEREAS, the Comprehensive Plan indicates that this area is appropriate for Office Research Park;
and
WHEREAS, the applicant has acknowledged that there is a residential home located north of the subject
property and will use its best efforts to provide screening or buffering of the development from this residential
use; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of ID -RP to CO -1:
A SUBDIVISION IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36 AND THE
RESUBDIVISION OF LOT 9 OF HIGHLANDER DEVELOPMENT THIRD ADDITION AS SHOWN ON THE FINAL PLAT
RECORDED IN PLAT BOOK 44, PAGE 215 AT THE JOHNSON COUNTY RECORDER'S OFFICE, ALL IN TOWNSHIP 80
NORTH, RANGE 6 WEST OF THE THIRD PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE THIRD PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON
COUNTY, IOWA; THENCE NO2°21'18"W, A DISTANCE OF 189.76 FEET ALONG THE EAST LINE OF SAID SOUTHEAST
QUARTER FOR THE POINT OF BEGINNING;
THENCE CONTINUING NO2°21'18"W ALONG SAID EASTERLY LINE, A DISTANCE OF 1130.15 FEET TO THE
NORTHWEST CORNER OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE
N88°31'25"E ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1326.55 FEET TO THE
NORTHEAST CORNER OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE
S02°05'36"E ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1105.98 FEET TO THE
NORTHEAST CORNER OF LOT 10 OF HIGHLANDER DEVELOPMENT THIRD ADDITION AS RECORDED IN PLAT BOOK
44, PAGE 215; THENCE 587°25'27"W ALONG THE NORTHERLY LINE OF SAID HIGHLANDER DEVELOPMENT, A
DISTANCE OF 1321.33 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 33.98 ACRES MORE
OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 23rd day of February, 2015.
Ordinance No. 15-4610
Page 2
ATTEST: ez�� /•
CITY CLERK
Appr ed by
4R
City Attorney's Office
Ordinance No. 15-4610
Page 3
It was moved by Mims and seconded by Dickens that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Botchway
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
x
Throgmorton
First Consideration 02/09/2015
Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton,
Botchway, Dickens, Dobyns. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
03/05/2015
Moved by Mims, seconded by Dickens, that the rule requiring ordinances
to be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended,
the second consideration and vote be waived and the ordinance be voted
upon for final passage at this time. AYES: Payne, Throgmorton,
Botchway, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None.
Marian Karr
From: Joe Hughes <jhughes@SouthGateCo.com>
Sent: Tuesday, February 10, 2015 3:05 PM
To: Marian Karr
Cc: John Yapp; Kent Ralston; Brian Boelk (bboelk@hbkengineering.com); Jerry Waddilove
Subject: Requesting expedited consideration of 2nd & 3rd readings: Highlander Fourth Addition
Marian,
I'm writing to request expedited consideration of the 2nd & 3rd readings for the rezoning of Highlander Fourth
Addition. What do you need in order for this to happen?
Thank you,
F. Joe Hughes
Director of Real Estate Operations
South Gate
coMPaN4E$
755 Mormon Trek Blvd
P.O. Box 1907
Iowa City, IA 52244-1907
Direct: 319.466.4321
Cell: 319.325.8113
Office: 319.337.4195
Fax: 319.337.9823
Planning and Zoning
Items
February 23, 2015
Development Item
SUB15-00001: Discussion of an application submitted by
Southgate Companies for a preliminary plat of Highlander
Fourth Addition, a 17 -lot, 39.98 acre commercial
subdivision located north of Northgate Drive.
CITY OF !7111-
IDRP
CITY OF I A CITY CORPORATE LIMITS
CID
RDP IDRP
a
z CH1 C 1
80
SITE LOCATION: Northgate Drive SUB15-00001
Scale: 1"=400'
CITY OF IOWA CITY
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SITE LOCATION: Northgate Drive REZ14-00023
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 15-4611
ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS,"
CHAPTER 2, ENTITLED "TAXICABS," SECTION 4, ENTITLED "DRIVER REQUIREMENTS,"
AND SECTION 8, ENTITLED "RATES," TO REVISE THE PROVISON ON SHARED RIDES.
WHEREAS, Section 5-24H of the taxicab ordinance approved on February 9, 2015 (Ordinance No.
15-4608) allows for "shared rides" only if all the passengers have the same origin and prohibits the
driver/company from charging a fee for the extra passengers;
WHEREAS, the shared ride provision should be amended to allow passengers to get into the taxicab
at different locations with consent and allow the driver/company to charge a fee for extra passengers; and.
WHEREAS, it is in the public interest to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 4, entitled
"Driver Requirements," is amended by deleting Subsection H in its entirety and substituting the following:
Shared ride means a taxi ride in which one or more passengers expressly request to share a ride with
one or more additional passengers. No driver may request a passenger to share a ride, and no driver
shall pick-up an additional passenger at any point after the taxi ride begins without the express
request of the passengers in the taxicab. If shown on the rate card, the driver may charge a fee for
each passenger ("extra passenger fee") who shares the ride.
2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 9 entitled
"Rates," is amended by deleting the second sentence of Subsection 132a and substituting the following:
All other rates, charges, or fees, except for extra passenger and cleanup fees, are prohibited.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 23rd day of February , 2015.
ATTEST: 2241, % �
CITY CLERK
Approved by
d -
City Attorney's Office
Ordinance No. 15-4611
Page 2
It was moved by Mims and seconded by Botchway that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 02/09/2015
Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
--------------------
03/05/2015
Moved by Mims, seconded by Botchway, that the rule requiring ordinances
to be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended,
the second consideration and vote be waived and the ordinance be voted
upon for final passage at this time. AYES: Throgmorton, Botchway,
Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None.