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HomeMy WebLinkAbout2016-08-16 OrdinancePrepared by: Bob Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ16-00004) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 36,416 SQUARE FEET OF PROPERTY FROM GENERAL INDUSTRIAL (1-1) ZONE TO INTENSIVE COMMERCIAL (CI -1) ZONE LOCATED AT 2114-2118 RIVERSIDE DRIVE AND 103 COMMERCIAL DRIVE, (REZ16.00004) WHEREAS, the applicant, The Veterans Liberty Center, has requested a rezoning of property located at 2114-2118 Riverside Drive and 103 Commercial Drive from General Industrial (1-1) to Intensive Commercial (CI -1) which permits outdoor storage and display -oriented retail uses, including the display and sale of vehicles; and; and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for intensive commercial uses; and WHEREAS, using this property for the retail sale of vehicles may draw additional traffic to the site, causing the need to limit the display area to avoid conflicts with other non -retail uses; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need to separate retail uses, such as vehicle sales, from quasi -industrial uses, such as contractors facilities, located on the property; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owners 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, properly described below is hereby reclassified from its current zoning designation of General Industrial (1-1) to Intensive Commercial (CI -1): Commercial Drive I Condominium, a horizontal property regime, according to the Declaration thereof recorded at Book 765, Page 1, Records of the Johnson County, Iowa Recorder. SECTION It. 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 Owners 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. Ordinance No. Page 2 Passed and approved this day of 20_ ILTTIVC9 ATTEST: CITY CLERK roved be�y{{W Ap City Attorneys Office 7�i 8 I IF 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: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 08/16/2016 Vote for passage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Bob Mildo, 410 E. Washington, Iowa City, IA 52240 (319) 3565240 (REZ16-00004) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Commercial Drive I Owners Association, Joyce and Larry Kral, Clark D. and Amelia J. Griffin, RoCon Construction. L.L.C. and Veterans Liberty Center, Inc. (hereinafter collectively referred to as "Owners"). WHEREAS, Owners are the collective title holders of approximately .836 acres of property located at 2114 — 2118 S. Riverside Drive and 103 Commercial Drive, known as the Commercial Drive I Condominiums; and WHEREAS, Veterans Liberty Center requested the rezoning of said property from General Industrial (1-1) to Intensive Commercial (CI -1), which permits outdoor storage and display -oriented retail uses, including the display and sale of vehicles; and WHEREAS, using this property for the retail sale of vehicles may draw additional traffic to the site, causing the need to limit the display area to avoid conflicts with other non -retail uses; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the location of vehicle sales, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owners acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need to separate retail uses, such as vehicle sales, from quasi -industrial uses, such as contractor's facilities, located on the property; and WHEREAS, the Owners agree 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: Commercial Drive I Owners Association, Joyce and Larry Kral, Clark D and Amelia J Griffin, and RoCon Construction are the collective legal title holders of the property legally described as: Commercial Drive I Condominium, a horizontal property regime, according to the Declaration thereof recorded at Book 765, Page 1, Records of the Johnson County, Iowa Recorder. 2. Veterans Liberty Center, Inc. is the contract purchaser of Units A-1 and A-2 in said condominium regime. 3. The Owners acknowledge that the City wishes to ensure conformance to the principles ppdadMagVv . commercial drive wndo assn.dw of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 4. In consideration of the City's rezoning the subject property, Owners agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following condition: outdoor storage and display of for the purpose of retail uses, including vehicle sales, shall be limited to the west side of Unit Al. 5. The Owners and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2015), and that said conditions satisfy public needs that are caused by the requested zoning change. 6. The Owners and Applicant 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 Owners acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners from complying with all other applicable 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 20_ CITY OF IOWA CITY James A. Throgmorton, Mayor Attest: Marian K. Karr, City Clerk Approved by: pptldrWagV=- commercial tlnve mntl assn.Eoc COMMERCIAL DRIVE I QWNERS ASSOCIATION ��y By: 4.-, ity Attorney's Office & /7-110 BY: CLARK D. GRIF N Q, 'a w BY: AMELIA J. GRIFFIN jv ROCON CONSTRUCTION. L.L.C. B INC. CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 20_ by James A. Throgmorton and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State (Stamp or Sea[) Title (and Rank) COMMERCIAL DRIVE I OWNERS ASSOCIATION ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on lkv a ) 'Z, 201jo by rAr' rc -D• C --Ir' as of COMMERCIAL DRIVE I OWNERS ASSOCIATION. -I�s�c SLA o..,_, jL, Notary PubliciTand for said Co ity and State ppdadM,Y a -commercial dd" condo asm.doc 3 WENDY S. MAYER Cwwamo n Nw" 72942e (Stamp or Seal) Title (and Rank) L. C-e�%, ✓ 3 JOYCE AND LARRY KRAL ACKNOWLEDGMENT: State of--G,.--`z County of ,ti This record was acknowledged before me on T3 day of 2016, by Joyce and Larry Kral. 1-94 Notary Publk;3in and for the S"tote of X JCS ymy e. mma (Stamp or Seal) VU C a wz Title (and Rank) My commission expires: 7 -t3 -i9 CLARK D. AND AMELIA J. GRIFFIN ACKNOWLEDGMENT: State of jr-�_ County of-16k&vL c, v�, This record was acknowledged before me on 1 r -j day of , 2016, by Clark D. and Amelia J. Griffin. Notary (Stamp or Seal) Title (and Rank) L, CtAA.5 ,'ucf-r'- My commission expires: ROCON CONSTRUCTION, L.L.C. ACKNOWLEDGMENT: State of =r'lr County of . ToL&AA Nea ..� This record was acknowledged before me on ! L 2016 by IArr+S �2, . r • ��r (Name(s) ofindividual(s as e�.w-P i" (type of authority, such as officer or trustee) of Rocon Construction, L.L.C. a.� otary Public Pand for the Stat,4 of . A ppdsdnVaBV=- mmmemial Edea tendo assnAm (Stamp or Seal) Title (and Rank) L, c-QU-s r -�qJCA e -i K My commission expires: —7-11-1-193-1q VETERANS LIBERTY CENTER, INC. ACKNOWLEDGMENT: State of T -A County of 01k A -c-e,, This record was acknowledged before me on__6x&, - 2016 byy PPi (Name(s) of individual( )) as L-Z-Lm4 C ..TI', n, Marti CSO (type of authority, such as officer or trustee) of Veterans Liberty Cent r, Inc. Notary PuK c in and for v MCom ita2� (Stamp or Seal) Ur MEOW e Title (and Rank) e(� My commission expires: pptl dtl agY=a-wmmerc ddw wntl awn.tlw 5 D w C) w COMMERCIAL DR �L V11, r I � t .J fo goo.11t1� r Ir I 1 205.2 Feet 21;1,4:103 103 21116 1 Feet 13 h Wp Prepared by: Sara Hektoen, Assistant City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (VAC15-00007) ORDINANCE NO. 16-4671 ORDINANCE VACATING COTTONWOOD AVENUE EAST OF YEWELL STREET (VAC16-00001) WHEREAS, the applicants, Judith and Laura Crossett, have requested that the City vacate and convey to them that portion of the Cottonwood Avenue public right-of-way between 1402 Yewell Street and 1502 Yewell Street, approximately 7,441 square feet; and WHERAS, this request has been made to facilitate construction of an addition to the property at 1420 Yewell Street; and WHEREAS, this portion of the Cottonwood Avenue right-of-way is not currently utilized by the public for access or circulation and no public water and sanitary sewer utilities exist on this portion of the right-of- way; and WHEREAS, MidAmerican Energy Company does have an electric utility over the southerly forty feet of the area to be vacated, which they desire to retain; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of the portion of Cottonwood Avenue right-of-way east of Yewell Street and has recommended approval of the application subject to a shared access easement and necessary utility easements, as may be applicable and necessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I VACATION. The City of Iowa City hereby vacates that portion of public right-of-way described as follows subject an electric utility easement over the southerly 40 feet thereof: THAT PORTION OF COTTONWOOD AVENUE LOCATED EAST OF YEWELL STREET BETWEEN LOTS 77 AND 78, KIRKWOOD HEIGHTS ADDITION TO IOWA CITY, IOWA, AS SHOWN IN PLAT BOOK 3, PAGE 137 IN THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 16th day of August , 20 16 MOOR: �^' l/ Approved by: / ATTEST: / e 4 uJ 7V • -kilt t� �%C . CITY CLERK City Attorney's Office 71-7 /140 Ordinance No. 16-4671 Page 2 It was moved by Mims and seconded by Thomas that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: First Consideration 07/19/2016 Vote for passage: AYES: Cole, Dickens, Throgmorton. NAYS: None. ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Mims, Taylor, Thomas, None. Second Consideration 08/02/2016 Vote for passage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. Date published 08/25/2016 Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ16-00005) ORDINANCE NO. 16-4672 ORDINANCE REZONING PROPERTY LOCATED AT 818 SOUTH DUBUQUE STREET FROM INTENSIVE COMMERCIAL (CI -1) ZONE TO PUBLIC (P-1) ZONE. (REZ16-00005) WHEREAS, the applicant, Johnson County Board of Supervisors., has requested a rezoning of 3,749 square feet of property located at 818 South Dubuque Street from Intensive Commercial (CI -1) Zone to Public (P-1) Zone; and WHEREAS, the rezoning is being requested to reflect public ownership of the property and to allow for redevelopment of the Johnson County Ambulance Building in conjunction with the abutting property to the north; and WHEREAS, the P-1 zone is intended for uses such as schools, parks, police and fire stations, and other civic buildings owned or otherwise controlled by the County, the City, or the Iowa City Community School District; 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 Intensive Commercial (CI -1) to Public (P-1): AUDITOR'S PARCEL 2015074, THAT PORTION OF AUDITOR'S PARCEL 99001 IN BLOCK 28 OF COUNTY SEAT ADDITION IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AND SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 59, PAGE 365 IN THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE. 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 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. Ordinance No. 16-4672 Page 2 Passed and approved this 1�6 t�h day of August . 2016. MAYO ATTEST: 6Lewe,� k"'0� CV CLERK Approved by: City Attorneys Office A111 Ordinance No. 16-4672 Page 3 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: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 08/02/2016 Voteforpassage: AYES: Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 2016 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:Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens, Mims. NAYS: None. ABSENT: None. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 16-4673 ORDINANCE AMENDING TITLE 16 OF THE CITY CODE, ENTITLED "PUBLIC WORKS," CHAPTER 1, ENTITLED, "STREETS, SIDEWALKS AND PUBLIC RIGHT OF WAY," TO ESTABLISH A PERMIT SYSTEM FOR USE OF NEWSPAPER BOXES IN PUBLIC RIGHT OF WAY. WHEREAS, the City of Iowa City has an interest in preserving the aesthetics and safety of public right of way and City Plaza for its residents, visitors, and businesses; and WHEREAS poor maintenance of publishers' boxes (aka, newspaper boxes) in its downtown has created aesthetic and safety concern for residents, visitors, and downtown business; and WHEREAS, this ordinance is not intended to limit persons from exercising their First Amendment constitutional right but rather its goal is to ensure the safety and aesthetics of the City for the enjoyment of residents and visitors; and WHEREAS, regulating the placement of items in the public right of way and City Plaza ensures the safe movement of pedestrians; and WHEREAS, this ordinance furthers the health, safety and welfare of the City, and it is in the best interest of the City to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION [.AMENDMENTS. 1. Title 16, entitled "Public Works," Chapter 1, entitled "Streets, Sidewalks and Public Right of Way," Article A, entitled "Streets, Sidewalks and Public Right of Way Generally," by adding a new Section 11, entitled " Publishers' Box Maintenance Code," as follows: A. Permit Required: No person shall place or maintain any publishers' box on public right of way or on City Plaza without first obtaining a permit. B. Definition: Publishers' box means any machine or other enclosed box used for distributing newspapers or other printed material while offering or displaying the material for sale or free distribution and capable of operation by pedestrians without the assistance of an attendant. C. Deadline: All publishers' boxes presently on public right of way and on City Plaza shall be removed within thirty (30) days of the effective date hereof, unless a permit has been issued. D. System: A permit system to enforce the Publishers' Box Maintenance Code shall be adopted by resolution 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.: Violation of this Chapter shall be a municipal infraction. 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 IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this J6 th day of _ August 12016 K4AY,OR ATTEST: 2u.";V. -e • CI LERK Approved by City Attorneys Office Ordinance No. 16-4673 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: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 08/02/2016 Vote for passage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens, NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 08/25/2016 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: Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens, Mims. NAYS: None. ABSENT: None.