HomeMy WebLinkAbout2015-04-15 Ordinance4-15-15
Prepared by: Robert _Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356- 2
(REZ14-00008)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.36 ACRES LOCATED AT THE
NORTHWEST CORNER OF MUSCATINE AVENUE AND SCOTT BOULEVARD FROM LOW DENSITY
SINGLE FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY MULTI -FAMILY RESIDENTIAL (RM -12).
(REZ14-00008)
WHEREAS, the applicant, Hieronymus Family Partnership, has requested a rezoning of property
located near the northwest corner of Muscatine Avenue and Scott Boulevard from Low Density Single
Family Residential (RS -5) to Low Density Multi -Family Residential (RM -12); and
WHEREAS, this 1.36 acres was shown as right-of-way adjacent to an RM -12 zoned lot on the Terra
Verde Final Plat; and
WHEREAS, in lieu of Terra Verde, the applicant has submitted Silver Slope, a new plat, showing a
change to the street configuration resulting in this 1.36 acres being incorporated into the adjacent multi-
family lot; and
WHEREAS, the existing RM -12 zone to which this property is being added is subject to the
Conditional Zoning Agreement recorded at Book 4723, Page 906-912 in the records of the Johnson County
Recorder's Office, requiring that sidewalks be installed adjacent to Muscatine Avenue and Terrence Lane at
the time Terrence Lane in Terra Verde is paved, and requiring that the multi -family buildings be constructed
in substantial compliance with a November 30, 2010 site plan and building elevations; and
WHEREAS, a Conditional Zoning Agreement is necessary to reflect the change in the vacation of the
Terra Verde final plat including Terrance Lane to require that sidewalks be installed adjacent to Muscatine
Avenue at the time Silver Lane, the replacement street for Terrance Lane, is paved; 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. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, property described below is hereby reclassified from its current zoning designation
of Low Density Single Family Residential (RS -5) to Low Density Multi -Family Residential (RM -12):
Commencing at the East Quarter Corner of Section 13, Township 79 North, Range 6 West, of the
Fifth Principal Meridian; Thence S87°35'12"W, along the South line of the Northeast One -Quarter of
said Section 13, a distance of 50.00 feet, to the POINT OF BEGINNING; Thence continuing
S87035'12"W, along said South line, 340.00 feet, to the Southeast corner of a Tract of Land described
in the Warranty Deed, as recorded in Book 1146, at Page 59, in the Records of the Johnson County
Recorder's Office; Thence N01°30'01"W, along the East line of said Warranty Deed, and its Northerly
extension thereof, 527.19 feet; Thence N44052'58"E, 80.43 feet; Thence S45007'02"E, 28.16 feet;
Thence Southeasterly, 173.66 feet, along an arc of a 150.00 foot radius curve, concave
Northeasterly, whose 164.12 foot chord bears S78°17'00"E; Thence Northeasterly, 90.67 feet, along
an arc of a 150.00 foot radius curve, concave Southeasterly, whose 89.30 foot chord bears
N85052'01"E; Thence S76048'58"E, 13.77 feet, to a point on the West line of Parcel "3" of the Ralston
Creek South Property Acquisition Plat of Survey, as recorded in Plat Book 19, at Page 84, in said
Records; Thence S01 °30'01"E, along said West line, 33.29 feet; Thence S88029'59"W, 279.96 feet;
Thence S01 °30'01 "E, 434.89; Thence N88023'07"E, 279.96 feet, to a point on said West line of
Parcel "3"; Thence S01030'01"E. along said West line, 52.29 feet, to said POINT OF BEGINNING,
containing 1.36 acres, more or less, and 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 by law.
Ordinance No.
Page 2
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 , 20_.
MAYOR
ATTEST:
CITY CLERK
Ap�oved b L ,
City Attorney's Attorneys Office
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:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 04/15/2015
Vote for passage: AYES: Botchway, Dickens, Hayek, Mims, Payne
Throgmorton. NAYS: None. ABSENT: Dobyns.
Second Consideration _
Vote for passage:
Date published
Moved by , seconded by , 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.
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ14-00008)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Hieronymus Family Partnership, LLC (hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approximately 1.36 acres of property
located at north of Muscatine Avenue and west of Scott Boulevard; and
WHEREAS, the Owner has requested the rezoning of said property from Low Density
Single -Family Residential (RS -5) to Low Density Multi -Family Residential (RM -12); and
WHEREAS, the Planning and Zoning Commission has recommend approval of the
rezoning of this property form RS -5 to RM 12; and
WHEREAS, the existing RM -12 zone to which this property is being added is subject to
the Conditional Zoning Agreement recorded at Book 4723, Page 906-912 in the records of the
Johnson County Recorder's Office, requiring that sidewalks be installed adjacent to Muscatine
Avenue and Terrence Lane at the time Terrence Lane in Terra Verde is paved, and requiring that
the multi -family buildings be constructed in substantial compliance with a November 30, 2010 site
plan and building elevations; and
WHEREAS, a Conditional Zoning Agreement is necessary to reflect the change in the
vacation of the Terra Verde final plat including Terrance Lane to require that sidewalks be
installed adjacent to Muscatine Avenue at the time Silver Lane, the replacement street for
Terrance Lane, is paved; 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 pedestrian connections; 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:
Hieronymus Family Partnership, LLC is the legal title holder of the property legally
described as: Commencing at the East Quarter Corner of Section 13, Township 79 North,
Range 6 West, of the Fifth Principal Meridian; Thence S87°35'12"W, along the South line of the
Northeast One -Quarter of said Section 13, a distance of 50.00 feet, to the POINT OF
BEGINNING; Thence continuing S87035'12"W, along said South line, 340.00 feet, to the
Southeast corner of a Tract of Land described in the Warranty Deed, as recorded in Book 1146,
at Page 59, in the Records of the Johnson County Recorder's Office; Thence N01 °30'01'W,
along the East line of said Warranty Deed, and its Northerly extension thereof, 527.19 feet;
Thence N44052'58"E, 80.43 feet; Thence S45007'02"E, 28.16 feet; Thence Southeasterly, 173.66
feet, along an arc of a 150.00 foot radius curve, concave Northeasterly, whose 164.12 foot chord
ppdadMagUconditional zoning agreement- hieronymus.doc
bears S78017'00"E; Thence Northeasterly, 90.67 feet, along an arc of a 150.00 foot radius curve,
concave Southeasterly, whose 89.30 foot chord bears N85052'01 "E; Thence S76048'58"E, 13.77
feet, to a point on the West line of Parcel "3" of the Ralston Creek South Property Acquisition Plat
of Survey, as recorded in Plat Book 19, at Page 84, in said Records; Thence S01 °30'01 "E, along
said West line, 33.29 feet; Thence S88029`59"W, 279.96 feet; Thence S01 °30'01 "E, 434.89;
Thence N88023'07"E, 279.96 feet, to a point on said West line of Parcel "3"; Thence
S01030'01"E. along said West line, 52.29 feet, to said POINT OF BEGINNING, containing 1.36
acres, more or less, and subject to easements and restrictions of record.
2. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all requirements of the zoning
chapter, as well as the following condition: A sidewalk on the north side of Muscatine
Avenue shall be extended from Juniper Drive to Scott Boulevard. Owner shall install said
sidewalk concurrently with the construction of the public improvements installed on
property described above and in Ordinance 11-4422..
3. The Conditional Zoning Agreement recorded at Book 4723, Page 906-912 is hereby
amended as follows: The condition stated in Paragraph 3(a) therein to install the
sidewalk described above shall be required at the time the public improvements are
installed on the property described in said agreement and rezoned according to
Ordinance 11-4422. All other conditions of said agreement not amended herein shall
remain in full force and effect.
4. 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.
5. 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. 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.
Tthis agreement shall inure to the benefit of and bind all successors, representatives,
and assigns of the parties.
7. 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. 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 , 20_.
CITY OF IOWA CITY
Matthew Hayek, Mayor
ppdadnVagt/conditional zoning agreement- hieronymus.doc 2
Partnership, LLC
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office 3 r� 1
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 20_ 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
(Stamp or Seal)
Title (and Rank)
Hieronymus Family Partnership, LLC Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
'�� a Ir -1 r'L ��-- the undersi ned
On this %z3 day of , 20 I `� ,before me, t, �g , a Notary Public
in and for the State of Iowa, personally appeared h r, - H e- ron r , to me
personally known who being by me duly swom, did say that thej person is
��l�nag, itr-f-rer (title) of Hieronymus Family Partnership, LLC, and that said
instrumen wa signed on be alf of the said limited liability company by authority of its managers
and the said ,1 r h acknowledged the execution of said instrument to be the
voluntary act and deep of s id limited liability company by it voluntarily executed.
ppdadmlagticonditional zoning agreement- hieronymus.doc 3
Notary Public in and for the State of Iowa
My commission expires:
(Stamp or Sea[) elAj
KELLIE K. TUTTLE
C"
Title (and Rank) o h1,myc m� ssiobE res
�, LW s
ppdadMagt/conditional zoning agreement- hieronymus.doc