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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