HomeMy WebLinkAbout2006-08-01 Ordinance
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Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ06-00001)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 2,83 ACRES OF
PROPERTY LOCATED AT 4435/4455 MELROSE AVENUE FROM NEIGHBORHOOD PUBLIC
(P.1) ZONE TO NEIGHBORHOOD PUBLIC / LOW DENSITY MULTI-FAMILY RESIDENTIAL (P-
1/RM-12) ZONE.
WHEREAS, Johnson County Permanent Supportive Housing L.P., has applied for a rezoning of
approximately 2.83 acres of property located at 4435/4455 Melrose Avenue from Neighborhood Public (P-1)
to Neighborhood Public/Low Density Multi-Family Residential (P-1/RM-12); and
WHEREAS, the Zoning Code specifies that before a leasehold interest in any land zOned public is
conveyed to anyone for a use other than those allowed in the Public Zone and to anyone other than the
government of the United States, the State or a political subdivision thereof, the land must be rezoned to an
appropriate zone in which the proposed use is allowed; and
WHEREAS, the property is owned by Johnson County and is being leased to the applicant, a private
entity, for development of multi-family residential dwellings intended for lease to private individuals or
entities, a use that is not allowed in the Public ZOne Unless the land is rezoned with an appropriate overlay
zOne in which the proposed use is allowed; and
WHEREAS, the Low Density Multi-Family Residential ZOne (RM-12) allows multi-family residential
dwellings at the density proposed by the applicant; and
WHEREAS, the proposed dwellings are intended to provide independent living opportunities for persons
wtth disabilities and development of such housing in this locatiOn is cOnsistent with the objectives of the
Southwest District Plan and the Johnson County Poor Farm Planning Study; and
WHEREAS, Iowa Code ~14.5 (2005) 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 Planning and Zoning Commission has reviewed the proposed rezoning, and has
recommended approval subject to conditions; and
WHEREAS, the COnditions recommended by the Commission are related to the locatiOn of vehicular
access to the subject property from Melrose Avenue and appropriate landscape screening/buffering from
State Highway 218; and
WHEREAS, the OWner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure public safety along Melrose Avenue, an arterial street; and
WHEREAS, the Owner and Applicant acknowledge that certain COnditions and restrictions are
reasonable to ensure privacy of residential dwellings located in close proximity to State Highway 218, a
freeway.
NOW, therefore, be it ordained by the city council of the City of Iowa City, Iowa:
SECTION I. APPROVAL. Subject to the terms and COnditions of the COnditional Zoning Agreement
attached hereto and incorporated herein, the property described below is hereby reclassified from
Neighborhood Public (P-1) to Neighborhood Public with a Low Density Multi-Family Residential ZOne
Overlay (P-1/RM-12):
A PORTION OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF
SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY
OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2005055
COMMENCING AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA;
THENCE N89'38'29'W, ALONGTHE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF
SAID SECTION 13, A DISTANCE OF 720.34 FEET; THENCE SOO'04'20"E, 79.27 FEET TO A
POINT ON THE SOUTHERLY LINE OF A RIGHT-OF-WAY PLAT EXHIBIT A-2 AS RECORDED
IN DEED BOOK 602 AT PAGE 75 IN THE RECORDS OF THE JOHNSON COUNTY
RECORDER; THENCE S86'21'03"E, ALONG SAID SOUTHERLY LINE, 50.42 FEET; THENCE
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Ordinance No.
Page 2
S75'27'04"E, ALONG SAID SOUTHERLY LINE, 388.95 FEET; THENCE S18'53'56"E, ALONG
SAID SOUTHERLY LINE, 188.70 FEET; THENCE S47"10'34"E, ALONG SAID SOUTHERLY
LINE, 52.80 FEET; THENCE S89'55'40'W, 526.25 FEET; THENCE NOO'04'20"W, 316.00 FEET
TO THE POINT OF BEGINNING, CONTAINING 2.83 ACRES AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION 11. 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. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional
Zoning Agreement between the property owners, the applicant, and the City of Iowa City.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed
to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the applicant's expense, all 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
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Prepared by: Karen Howard, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 (REZ06-00001)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Johnson County Permanent Supportive Housing, L.P. (hereinafter
"Applicant") and County of Johnson County, Iowa (hereinafter "Owner"); and
WHEREAS, Owner is the legal title holder of approximately 2,83 acres of property located at
4435 and 4455 Melrose Avenue; and
WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property
from Neighborhood Public (P-1) to low-Density Multi-Family Residential (RM-12); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the location of vehicular access to the subject property from Melrose
Avenue and appropriate landscape screening/buffering from State Highway 218, the timing of
the rezoning is appropriate and the low density multi-family zoning is in conformance with the
Comprehensive Plan; and
WHEREAS, Iowa Code 9414.5 (2005) 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 acknowledge that certain conditions and restrictions are
reasonable to ensure public safety along Melrose Avenue, an arterial street; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure privacy of residential dwellings located in close proximity to State Highway
218, a freeway; and
WHEREAS, Owner and Applicant agree to use 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. County of Johnson County, Iowa is the legal title holder and Johnson County Permanent
Supportive Housing L. P. is the applicant for a rezoning of the property legally described
as follows:
A PORTION OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-
QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH
PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE
PARTICULARLY DESCRIBED AS FOllOWS:
AUDITOR'S PARCEL 2005055
COMMENCING AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 79
NORTH, RANGE 7 WEST OF THE 5TH P,M., CITY OF IOWA CITY, JOHNSON
COUNTY, IOWA; THENCE N89038'29'W, AlONGTHE NORTH LINE OF THE
NORTHEAST ONE-QUARTER OF SAID SECTION 13, A DISTANCE OF 720.34 FEET;
THENCE SOoo04'20"E, 79.27 FEET TO A POINT ON THE SOUTHERLY LINE OF A
1
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RIGHT-OF-WAY PLAT EXHIBIT A-2 AS RECORDED IN DEED BOOK 602 AT PAGE
75 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE
S86021'03"E, ALONG SAID SOUTHERLY LINE, 50.42 FEET; THENCE S75027'04"E,
ALONG SAID SOUTHERLY LINE, 388.95 FEET; THENCE S18053'56"E, ALONG SAID
SOUTHERLY LINE, 188.70 FEET; THENCE S47"10'34"E, ALONG SAID SOUTHERLY
LINE, 52.80 FEET; THENCE S89055'40'W, 526.25 FEET; THENCE NOoo04'20'W,
316.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2.83 ACRES AND IS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential
development that conforms to the principles of the Comprehensive Plan. Further, the
parties acknowledge that Iowa Code ~414.5 (2005) 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, including provisions for street access and for buffering the noise and negative
visual aspects of freeways from residential development. Therefore Owner and Applicant
agree to certain conditions over and above City regulations as detailed below.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
Zoning Title, and that no new access points to Melrose Avenue will be granted for the
subject property and vehicular access to the subject property will be provided by utilizing
and sharing the existing access points to Melrose Avenue from the Owner's property
located directly west of the subject property.
4. In consideration of the City's rezoning the subject property, the Owner and Applicant
agree to establish, prior to issuance of an occupancy permit, a vegetative buffer/screen
of deciduous and evergreen trees and shrubs, according to a landscaping plan approved
by the City, along the subject property's east property boundary, said boundary being
adjacent to State Highway 218.
5. The Owner, Applicant, and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code ~414.5 (2005), and that
said conditions satisfy public needs that are caused by the requested zoning change.
6. The Owner, Applicant, and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform to 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.
9. Applicant 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.
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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 Applicant's expense.
Dated this _ day of July, 2006.
CITY OF IOWA CITY
COUNTY OF JOHNSON COUNTY, IOWA
Ross Wilburn, Mayor
Attest:
JOHNSON COUNTY PERMANENT
SUPPORTIVE HOUSING L.P.
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D. 20_, before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
3
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County of Johnson County Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D. 20_, before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared
to me personally known, who, being by me duly sworn, did say that they are the
, of said corporation executing the within and foregoing instrument to
which this is attached, that said instrument was signed and sealed on behalf of the seal affixed
hereto is the seal of said corporation by authority of its Board of Directors; and that the said
as such officers acknowledged the execution of said instrument to be
the voluntary act and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
Johnson County Permanent Supportive Housing L.P. Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of ,A.D. 20_, before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared
to me personally known, who, being by me duly sworn, did say that they are the
, of said corporation executing the within and foregoing instrument to
which this is attached, that said instrument was signed and sealed on behalf of the seal affixed
hereto is the seal of said corporation by authority of its Board of Directors; and that the said
as such officers acknowledged the execution of said instrument to be
the voluntary act and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for said County and State
4
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City of Iowa City
MEMORANDUM
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June 30, 2006
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
Re: REZ06-00001 - Melrose Ridge development
At your March 2 meeting you considered an application submitted by Johnson County
Permanent Supportive Housing LP for a rezoning from Neighborhood Public (P-1) to
Neighborhood Public with an overlay zoning of Low Density Multi-Family Residential (RM-12) in
order to allow development of 18 affordable rental housing units for persons with disabilities on
property owned by Johnson County located at 4435-4455 Melrose Avenue.
At that time staff recommended approval of the rezoning pending resolution of vehicular access
issues, submittal of a landscaping plan to buffer the property from Highway 218, and completion
of a Phase I Archaeological Survey required by the State. The applicant requested deferral in
order to work through the vehicular access issues with the City and the Iowa State Department
of Transportation. As you may recall, the subject property does not currently have access to a
public street. Due to its location near the highway interchange of Melrose Avenue, an arterial
street, and State Highway 218, staff recommended that the best solution from a public safety
perspective was for the new development to share the existing access point with Chatham
Oakes. The applicant was not satisfied with this recommendation and requested deferral in
order to send an application to the IDOT requesting permission to cut the median leading to the
interchange with Highway 218 in order to get direct driveway access to the subject property.
Their request was denied by the State.
The applicant is now proposing to construct a driveway across the Chatham Oakes property to
connect up with the existing access point along Melrose Avenue. The driveway will be located
on the north side of the two properties as shown in the attached site plan. City traffic
engineering staff have reviewed this plan and agree that it is an acceptable solution.
In addition, in this intervening period of time the Phase I Archaeological Survey has been
completed and a release from the State has been received, so this condition has been removed
from staff recommendation.
Staff now recommends approval of REZ06-00001, a request to rezone 2.83 acres of land
located at 4435/4455 Melrose Avenue from Neighborhood Public (P1) to Neighborhood Public
with a Low Density Multi-Family Zone Overlay (P1/RM-12), provided that the following
conditions are met:
. Vehicular access to the property must be provided by way of a private drive extending
across the Chatham Oakes property utilizing the existing access point to Melrose
Avenue as illustrated on the attached site plan;
. Submission and approval of a landscaping plan for a vegetative buffer/screen that
includes a mix of deciduous and evergreen trees and shrubs to be established along the
east property boundary prior to issuance of an occupancy permit.
Approved by: ~ .
Robert Miklo, Senior Planner
Department of Planning and Community Development
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SITE LOCATION: 4435 & 4455 Melrose Avenue REZ06-00001
To: Planning and Zoning Commission
Item: REZ06-00001
Melrose Ridge
4515 Melrose Avenue
GENERAL INFORMATION:
Applicant:
Contact Person:
Requested Action:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
45 Day Limitation:
SPECIAL INFORMATION:
Public Utilities:
STAFF REPORT
Prepared by: Karen Howard
Date: March 2, 2006
Johnson County Permanent Supportive Housing L.P.
4515 Melrose Avenue
Iowa City, Iowa 52240
Robert Burns and Associates
Tracy Falcomata
319 E. Washington St.
P.O. Box 1226
Iowa City, IA 52244
Rezoning of property from P1 (Neighborhood Public) to
P1/RM-12 (Low Density Multi-Family)
4515 Melrose Avenue
(County Poor Farm property west of Highway 218)
2.83 acres
Undeveloped; Neighborhood Public (P1)
Land owned by Johnson County
North: Undeveloped; P1
South: Undeveloped; P1
East: Highway 218 right-of-way
West. Assisted Group Living (Chatham Oaks residential
care facility; P1
The Southwest District Plan calls for preserving certain
aspects of the historic County Poor Farm site, including
continuing use of the property as a residential care facility,
preserving historic elements, preserving areas for public
open space, and allowing some limited residential
development.
January 13, 2006
February 27 - waived by applicant
Municipal water and sewer is available to serve this
property.
2
Public Services:
The City of Iowa City provides police and fire protection.
Transportation:
The property currently does not have direct lot access to a
public street, although access is possible by way of a
backage road from the west through the Chatham Oaks
property.
BACKGROUND INFORMATION:
The subject property is owned by Johnson County. It is a part of the original Johnson County Poor
Farm, which operated on the property from 1855 until the 1960's. Chatham Oaks, a privately run
institution for persons with mental illness, is also located on the Poor Farm property directly west of the
property proposed for rezoning. The County intends to lease the subject property to Johnson County
Permanent Supportive Housing Limited Partnership to develop 18 affordable rental housing units for
persons with disabilities. While the County will retain ownership of the property, a rezoning is required to
indicate that the property is being used by a private entity. The Iowa City Zoning Code requires that the
new zoning be established as an overlay zone appropriate to the use that is being established, with the
underlying zoning remaining Public. Since the proposed use of the property is low density multi-family,
the appropriate overlay designation is RM-12.
ANALYSIS:
Compatibility with the Comprehensive Plan and County Planning Study
The Southwest District Plan, completed in 2002, calls out the Johnson County Poor Farm property as
an area of particular interest. At the same time the City was conducting the Southwest District
Planning process, the County was conducting a planning study of the Poor Farm property. This
allowed the City and County to consult on the future use of this property. Due to the historic nature of
the site and strong community interest in preserving the historic aspects of the site, both planning
efforts were conducted with considerable public input. The City concurs with the recommendations
set forth in the County's planning study. These recommendations include the following:
. The historic poor farm buildings and cemetery and other historic and/or environmentally
sensitive features of the site should be preserved and protected from encroachment of
development;
. Supports continuation of Chatham Oaks residential care facility;
. Encourages use of a portion of the property for public open space use;
. A buffer should be maintained along frontage with State Highway 218;
As a means of encouraging the continuation of the Chatham Oaks facility, .the County's planning
study indicates that some additional land surrounding the existing facility should be reserved for use
by Chatham Oaks or for additional residential facilities for persons with disabilities. The proposed
rezoning is compatible with this goal since the new housing is intended to provide independent
housing opportunities for persons with disabilities, including residents transitioning from the Chatham
Oaks residential care facility.
Protectina Historic elements of the site - Due to the historic nature of the County Poor Farm property,
the State has informed the City that an intensive level (Phase I) archaeological survey of the property
will be required "prior to the commencement of any earthmoving activities in order to determine if
significant archaeological deposits, features, or structural remains associated with the Poor Farm
extend into the project area." (See attached letter from the State Historical Society). Therefore, staff
recommends that approval of this rezoning be conditioned on completion of this survey and
3
confirmation from the State that development of this site is possible without unduly disturbing
significant historic or archaeological features of the County Poor Farm property.
Bufferino the propertv from Hiohwav 218 - The subject property is bounded on the north by Melrose
Avenue, an arterial street and entryway into Iowa City, and to the east by State Highway 218. There
is a highway interchange where these two roadways meet. The Iowa DOT has obtained access
control rights along Melrose Avenue at the interchange in order to ensure safe traffic movement as
vehicles enter and leave the highway. The Comprehensive Plan indicates that a buffer should be
maintained between new residential development and Highway 218. Maintaining a distance buffer
between the highway and any new housing will help reduce traffic noise. Landscaping can also be
used to form an effective visual buffer. The highway right-of-way is particularly wide in this area
because of the access ramps at this interchange, which means that the east boundary of the subject
property is at least 90 feet from the on-ramp and even further from the actual travel lanes of the
highway. Staff believes that this distance will provide adequate separation from the highway and will
help mitigate to some extent the noise generated by traffic from this high speed roadway. Since the
property is located at a higher elevation than the highway, staff recommends that a landscape screen
of a mix of evergreen and deciduous trees and shrubs be planted along the east property line to
visually screen the highway from view of the residents. Trees planted to satisfy this screening
requirement can also count toward the street tree and residential tree requirements of the Zoning
Code.
Vehicular Access - The property proposed for rezoning does not have direct driveway access to
Melrose Avenue. The City has an access management policy that encourages strategic placement of
shared access points along arterial streets in order to reduce the incidence of collisions and maintain
traffic flow along the arterial street network. Individual driveway access to every property is
discouraged. As stated in the Zoning Code, "direct lot access to an arterial street will only be granted
upon presentation by the applicant of convincing evidence that an alternative means of access is not
feasible from an intersecting local or collector street or through means of a cross access easement
(14-5C-6A)."
In a letter dated October 11, 2005 (see attached), City staff advised the applicants that establishing a
new access drive directly to Melrose Avenue would be difficult in this location. The existing median
would prevent westbound traffic from legally turning into this driveway, unless the median was cut and
the roadway redesigned to accommodate turning traffic. Modification to the median would involve
additional cost and would require consultation, review and approval from the Iowa Department of
Transportation. Pursuing this option is unnecessary given that the property could share the existing
driveway access with Chatham Oaks, which is located further west beyond the extent of the median.
In the above-referenced letter, staff indicated that while not ideal, a right-in/ right-out only access
would be allowed in this location, but onlv in addition to shared access through the existing Chatham
Oaks driveway. It is essential to establish primary access to the property by way of the existing
driveway. If a right-in/right-out only driveway was allowed without shared access through the existing
Chatham Oaks driveway, the only means of access to the site for westbound travelers would be to
turn around in the Chatham Oaks driveway or make an illegal u-turn around the median. This is
unacceptable from a safety standpoint, not only for residents and visitors, but for any service or
emergency vehicles attempting to get to this property.
Summary
Staff finds that the proposed rezoning from Neighborhood Public (P1) to P1/RM-12 is consistent with
the goals of the Southwest District Plan and the Johnson County Poor Farm Planning Study to
continue use of this portion of the property for residential facilities for persons with disabilities.
Pending completion of a Phase I Archaeological Study, Staff finds that this property is suitable for the
proposed development of multi-family dwellings provided that safe vehicular access is provided to
4
Melrose Avenue by way of an access easement behind the Chatham Oaks facility, and provided that
a landscape buffer of a mix of deciduous and evergreen trees and shrubs is planted along the east
property boundary to mitigate the noise and view of State Highway 218.
STAFF RECOMMENDATION:
Staff recommends that REZ06-00001, a request to rezone 2.83 acres of land located at 2515 Melrose
Avenue from Neighborhood Public (P1) to Neighborhood Public with a Low Density Multi-Family Zone
Overlay (P1/RM-12) be approved, provided that the following conditions are met:
. Primary vehicular access to the property must be provided by way of a private drive extending
behind the Chatham Oaks facility utilizing the existing access drive from Melrose Avenue;
. Completion of a Phase I Archaeological Survey and compliance with any conditions placed on
the use or development of the site by the State due to the presence of significant historic or
archaeological resources.
. Submission and approval of a landscaping plan for a vegetative buffer/screen that includes a
mix of deciduous and evergreen trees and shrubs to be established along the east property
boundary prior to issuance of an occupancy permit.
ATTACHMENTS:
1. Location Map
2. Letter from the State Historical Society of Iowa
3. Letter from Karin Franklin, Director of Planning, regarding vehicular access
4. Excerpt from the Johnson County Poor Farm Planning Study and map
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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SITE LOCATION: 4435 & 4455 Melrose Avenue REZ06-00001
October 11 , 2005
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Tracy Falcomata
Burns and Burns LC
319 E. Washington Street, Suite 111
P.O. Box 1226
Iowa City, IA 52244
410 East Washington Street
Iowa City, Iowa 52240- [826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.arg
Re: Melrose Avenue access point for Johnson County Permanent Supportive Housing LP project
Dear Tracy:
This letter is to clarify the City's position on the proposed new access point to Melrose Avenue for
the Johnson County Permanent Supportive Housing LP project. It appears that the location of the
proposed new access point is under the jurisdiction of the City of Iowa City, as it is outside of the
access control limits purchased by the Iowa Department of Transportation. We would therefore
evaluate this access point consistent with our policies for arterial street access management. As we
have indicated to you, it is our goal to minimize the number of access points along arterial streets
since these are the locations where the majority of traffic collisions occur. In addition to attempting to
minimize the overall number of access points, we also want to make sure that access points along
arterial streets are spaced appropriately along the corridor and have good visibility.
Our preferred access arrangement for your project is to use the existing Chatham Oaks access point
to Melrose Avenue for the reasons stated at our meeting. In the future this is likely to be a major
intersection as there will also be access to the County's property to the north when the proposed
National Guard site is developed. If you are adamant about a separate access point to your
proposed project, we would be able to support this location as a right-in/right-out access only, in
addition to the existing Chatham Oaks driveway. There would be no break in the median for
westbound left turns into the site. We believe this access management strategy is most favorable
with respect to arterial street access management principles, would have the lowest overall cost, and
could be implemented without review and approval by the Iowa Department of Transportation.
If you wish to pursue a full access as proposed on your site plan dated May 26, 2005, a left-turn lane
and taper constructed within the existing median would be required. This requirement is consistent
with Iowa DOT geometric design guidelines. It is the City's practice that the cost of such'
improvements are borne by the developer. If you wish to have the City absorb any of this cost, you
would need to address that with the City Council. The median break for the left-turn lane would also
require review and approval by the Iowa Department of Transportation as it would extend into the
area where they have purchased access control rights.
Jeff discussed this matter with Sally Stutsman, the Chairperson of the Johnson County Board of
Supervisors, and she indicated no preference as to how access is provided to your project.
Please let me know how you would like to resolve this issue and if you have any questions.
Sincerel
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Kar' Franklin, Director
Department of Planning and Community Development
Jeff Davidson ./'
Anissa Williams
ppdadmlltrslkf-falcomata. doc
cc:
STATE
HISTORICAL
ISOCIETY of
OWA
A Division of the Iowa Department of Cultural Affairs
January 24, 2006
In reply refer to:
R&C#: 060152088
Ms. Tracy Hightshoe, Associate Planner
City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240-1826
RE: HUD _ JOHNSON COUNTY - CITY OF lOW A CITY - HOME FUNDS 14-239 - MELROSE RIDGE
PROJECT _ CONSTRUCTION OF TWO APARTMENT BUILDINGS - SEe. 13, T79N-R7W
Dear Ms. Hightshoe,
We have received your January 18,2006 submittal regarding the above-referenced undertaking. We make the
following comments and recommendations based upon our review of this material and in accordance with Section 106
of the National Historic Preservation Act of 1966 (16 V.S.C. SS 470 ef seg.) and its implementing regulations 36 CFR
Part 800 (revised, effective August 5, 2004).
We regret that we are unable to concur with your determination of '00 historic properties' at this time for the following
reason(s).
Our records show that the proposed construction will occur within the boundaries of a National Register-eligible
historic district. The Johnson County Poor Farm Historic District (52-04415) was defined by Tall Grass Historians in
2004 (Rogers 2004) as part of a study performed for the Johnson County Historical Society under a Historic Resources
Development Program (HRDP) Grant.
Rogers reports that: "A National Register eligible Historic District does exist on the Johnson County Poor Farm
property and it includes both architectural and archaeological components. The period of significance for this property
would date from 1855, when the farm was established, until 1953, the arbitrary 50-year cut-off date for inclusion in the
National Register of Historic Places.
"The recommended district boundary includes archaeological sites I3JHl148 and I 149, which represent the
archaeological sites around the standing buildings (l3JHI 148) and the suspected Poor Farm Cemetery (I3JH1149). In
addition is a portion of the surrounding farm ground from the historic farm operation." (Iowa Site Inventory form). The
completion of an intensive-level (Phase I) archaeological survey of the Poor Farm property was among TaUgrass'
recommendations.
In our consulting opinion, the proposed action will result in direct and indirect effects upon the Johnson County Poor
Farm Historic District. The magnitude of these effects remains to be assessed.
We recommend that a phase I archaeological survey be conducted of the project Area of Potential Effects (APE) prior
to the commencement of any earthmoving activities in order to determine if significant archaeological deposits,
features, or structural remains associated with the Poor farm extend into the project area. We also ask that you provide
us with elevation drawings of the proposed structures and architectural concepts, if available, depicting the structural
design and material to be used.
Once we have received this information we will be in a better position to advise you on how best to proceed. In the
meantime do not hesitate to contact Ms. Barbara Mitchell, SHPO Architectural Historian at
Barbara.Mitchelllaiiowa.gov (5 I 5) 28 I -4013 or me at daniel.higginbottomlaiiowa.gov (515) 281-8744 if you have any
questions or require further assistance in this matter.
600 EAST LOCUST STREET, DES MOINES, IA 50319-0290 P: (515) 281-5 111
Sincerely,
Daniel K. Higginbottom, Archaeologist
Iowa State Historic Preservation Office
Cc: Ms. Barbara Mitchell, Architectural Historian, SHPO
References cited
Rogers, Leah D.
2004 "Architectural/Historical Intensive Survey and Evaluation and Archaeological Reconnaissance of the Johnson
County Poor Farm and Asylum, Johnson County, Iowa." Tallgrass Historian, Iowa City
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Iowa City Rezoning Application
Exhibit 11
Statement as to Why Rezoning is Warranted
The property is owned by Johnson County, who is leasing the land to the Johnson
County Permanent Supportive Housing Limited Partnership (JCPSHLP) to develop
affordable rental housing for persons with a disability. Robert Bums & Associates,
Architects is the architect for the project.
The land is currentlv zoned Public. While ownership will not change, City of Iowa City
staff has advised that the zoning will need to change for two reasons 1) the land use will
change and 2) the County will not be managing the land for the term of the lease (which
is 56 years). Therefore, based on the recommendation of City staff, we resoectfullv
reauest that the land be rezoned to Public I Low Density Multi-Familv Residential Zone
(P I RM-12) to accommodate the proposed project, Melrose Ridge.
Melrose Ridge will consist of two single-story buildings, each accommodating eight one-
bedroom dwelling units and one two-bedroom unit for a total of 18 units. All units will be
handicapped accessible. Access to the units will be through a common area which will
include an activities area, a TV lounge, a kitchen, and an office for an on-site manager
and support service coordinator. As noted in the legal description (attached as Exhibit
3), the parcel is 2.83 acres.
The project applied for and has received HOME funds from the City of Iowa City. In
addition, the City Council has passed a resolution of support for this project (Resolution
no. 05-340 passed 18 October 2005). Applications were submitted this fall for State
HOME funds and Low Income Housing Tax Credits. These awards will be announced
March 2006.
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AUDITOR'S PARCEL 2005055
COMMENCING AT THE NORTHEAST CORNER OF SECIlON IJ, TOWNSHIP 79 NORTH. RANGE
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ROBERT BURNS & ASSOCIT A TES, ARCHITECTS
319 EAsT WASHINGTON STREET, SUITE 111
P. O. Box 1226
IOWA CITY, IOWA 52244
319-338-7600
FAX 319-337-2430
MEMO
Date: 13 January 2006
To: Iowa City Planning & Zoning Commission
Re: Melrose Ridge Rezoning Application
Dear Ladies and Gentlemen,
As part of the Melrose Ridge application for rezoning, we are enclosing the attached
preliminary site plan. It is our understanding that while this document is not required, the
Commission appreciates this kind of information on a project applying for rezoning. We
ofter this site plan asking that you bear in mind that it is preliminary and changes to it may
be made as the project moves through the development process.
If you have any questions or would like additional information, please don't hesitate to
contact me.
Sincerely,
Robert Bums & Associates, Architects
~~
Tracy Falcomata
Project Planner
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CITY OF IOWA CITY
July 5, 2006
City Attorney's Office
410 Easl Washington Street
Iowa City, Iowa 52240-i826
(319) 356-5030
(319) 356-5008 FAX
www.lcgov.org
Fax No. 338-6902
Mr. Steven E. Ballard
Leff Law Firm, L. L. P.
22 South Linn Street
POB 2447
Iowa City, IA 52244-2447
Re: Melrose Ridge; REZ06-00001
Dear Steve:
I write in response to your letter dated June 14. Based on the information that has been
provided and our review of the lease agreement, we do not believe your client's intended use
qualifies as "assisted group living" on "[Iland, buildings or structures owned by the Federal or
State governments, or political subdivisions thereof' for "public or governmental purposes"
under the provisions of Iowa City Code Section 14-2F-2(B)(2)(b), Thus an overlay rezoning is
necessary under the provisions of Iowa Code Section 14-2F-6(C).
Sincerely,
/f!~ ~
Mitchel T. Behr
Assistant City Attorney
cc: Karin Franklin, Director, Planning & Community Development
Bob Miklo, Senior Planner
Karen Howard, Planner
J"I-05-06 04:49pm From-IOWA CITY ATTORNEY'S OFFICE
3193565008
T -761 P 03/05 F-481
ARTHUR o. LEFF (1906-1989)
!'HlLIP A. LEFF
R. BRUCE HAUPERT
CHARLES T. TRAW
RANDALL B. WILLMAN
STEVEN E. BALLARD
MARK C. DANIELSON
PATRlCKJ, FORD
THE OFFICES OF
LEFF LAW FIRM, L.L.P.
222 SOUTH lINN STREET
Mailing Address: P.O. BOX 2447
IOWA CITY, IOWA
52244-2447
TELEPHONE:
(319) 338.7551
FACSIMILE:
(319) 338-6902
direct e-mail:
sballarcLll1tw@qwesLnet
June 14, 2006
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Mr. Mitchel T. Behr
Assistant City Attorney
City of Iowa City
410 E. Washington Street
Iowa City, Iowa 52240
Re: Johnson County Permanent Supportive Housing
Limited Partnership - Melrose Ridge
Planning and Zoning Commission No. REZ06-00001
Dear Mitch:
I have had an opportunity to speak with representatives of the
Johnson County Permanent Supportive Housing Limited Partnership,
applicant in the above-referenced rezoning request, regarding the
City of Iowa City's position that rezoning must occur for the
proposed project to proceed on Melrose Avenue as planned. I will not
recite the particulars set forth in my correspondence to you dated
April 20, 2006, but, for reasons that follow, I respectfully request
that the City of Iowa City reconsider its position in this matter.
Iowa City's zoning ordinance provides, in pertinent part, that.among
"permitted uses" in the Public zone are the following:
Land, buildings or structures owned by the federal
governments., or political subdivisions thereof,
for public or governmental purposes.
or state
and used
~
"
Iowa City Code ~14-2f-2 (B) (2) (emphasis supplied). The ordinance
goes on to indicate that "assisted group living" is a use included in
the ordinance's use of the phrase "public or governmental purposes".
My prior letter describes how the development at issue cons.titutes
"assisted group living", as that phrase is used in the ordinance.
Jul-05-06 04:49pm from-IOWA CITY ATTORNEY'S OffiCE
3193565008
T-761 P.04/05 f-481
Mr. Mitchel T. Behr
Re: Melrose Ridge
June 13, 2006
Page Two
Thus, the ordinance as written permits assisted group living where
land is owned by a governmental subdivision and used for a public
purpose. In the present circumstance, the land involved is owned by
Johnson County and the use certainly is a public one. The ordinance
does not say that ~Assisted Group Living" is permitted where land is
owned by a government and used by the government for a public
purpose. Inasmuch as the ordinance does not require that the
government be the entity involved with the ~use", it is unreasonable
to conclude that the ordinance intends to permit assisted group
living only when it occurs on government owned land and only when the
government is the entity involved. See City of New Hampton v. Blayne
Martin Corporation, 594 N.W.2d 40, 46 (cities are bound to enforce
and interpret zoning ordinances as written, not as those ordinances
should have or could have or might have been written) .
Moreover, the ~special provisions" section of Iowa City Zoning
Article F further demonstrates that the city misconstrues
ordinance and its intent as expressed. That section of the
provides, in pertinent part, as follows:
Code
the
code
Before a leasehold interest in any land zoned public is
conveyed to anyone for a use other than those a~~owed in
the pub~ic zone and to anyone other than the government .
., the land must be rezoned to an appropriate zone in which
the use is allowed.
Iowa City Code ~14-2f-6 (C) (emphasis supplied). This section has
particular application here because it contemplates continued
ownership of land by the government (as discussed. and required by
Iowa City Code ~14-2f-2(B) (2)) but also contemplates a use not
permitted, and a lease to an entity that is not the government. The
ordinance requires a re zoning if the government (1) intends to lease
land; (2) for use other than those permitted; and (3) the user is
someone other than the government. As applied to the present
circumstance, Johnson County proposes to lease land for a permitted
purpose to an entity other than the government. Use of the
conjunctive ~and" as opposed to the disjunctive ~or" in the second
line of Iowa City Code ~14-2f(6) (C) clearly demonstrates that no
rezoning is required in this circumstance.
J"I-05-06 04:50pm From-IOWA CITY ATTORNEY'S OFFICE
3193565008
T-761 P.05/05 F-481
Mr. Mitchel T. Behr
Re: Melrose Ridge
June 13, 2006
Page Three
We appreciate the City of Iowa City's ~illingness to reconsIder its
position. Johnson County Permanent Supportive Housing Limited
Partnership . is under severe time constraints to move this proj ect
along and begin construction. I think everyone involved sees the
project as a very positive one for the community, and in particular,
the population who will be served by the development. In the spirit
of cooperation, representatives of the Limited Partnership are
continuing to work with city staff concerning access and other
issues, and the Limited Partnership has requested that the rezoning
application be placed on the Planning & Zoning Commission's agenda.
The Limited Partnership steadfastly maintains its position that no
rezoning is required for the reasons set forth in this letter and in
our prior letter. Notwi thstanding the Limi ted Partnership's
reluctant willingness to consider rezoning in light of impending and
inflexible deadlines, we again request that the City of Iowa City
reconsider its position and not require any rezoning of the subj ect
property in light of the nature of the proposed development. I would
be pleased to discuss this matter further at your request.
Otherwise, we will await your reply.
Very truly yours,
~~~
Steven E. Ballard
cc: Mr. Robert P. Burns
Ms. Tracy Falcomata
JOHNSON COUNTY PERMANENT SUPPORTIVE
HOUSING LIMITED PARTNERSHIP
Ms. Vivian Davis
CHATHAM OAKS, INC.
cep/SEB/Burns/Be~r, M 061306 Itr
ROBERT BURNS & ASSOCIATES, ARCHITECTS
319 EAST WASHINGTON STREET, SUITE 111
P.O. Box 1226
IOWA CITY, IOWA 52244
319-338-7600
FAX 319-337-2430
14 July 2006
Iowa City Council
410 E Washington St.
Iowa City, IA 52240
Dear Ladies and Gentlemen,
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Re: Application for Rezoning for the
Johnson County Permanent Supportive Housing Limited Partnership
The purpose of this letter is to respectfully request an expedited review of the rezoning
application submitted by the Johnson County Permanent Supportive Housing Limited
Partnership for the Melrose Ridge development near the intersection of Melrose Avenue
and Highway 218.
In way of background, the parcel in question is owned by Johnson County, who is leasing
it to the Johnson County Permanent Supportive Housing Limited Partnership to develop
affordable rental housing with supportive services for persons with disabilities. Robert
Burns & Associates, Architects is the architect for the project, which is called Melrose
Ridge. The land is currently zoned Public. City staff has advised that the land needs to
be rezoned to Public I Low Density Multi-Family Residential Zone (P I RM-12).
This project has been in the works for over a decade. A main obstacle preventing
develc;>pment has been site location. Now that an affordable and acceptable site has
been obtained, the project has been able to move forward. Funding has been secured
through City and State HOME funds as well as Low Income Housing Tax Credits. Due
to the Tax Credit funding requirements, the project is required to expend a certain
amount of funds by this coming fall or funding will be lost. In order to ensure a sufficient
amount of funds are expended and the project moves forward, construction needs to
start as soon as possible.
We understand from City Staff that the public hearing for this rezoning application will
most likely be set for the August 1 sl Council meeting. In light of the urgency to start
construction and the exceptional public support the project has received, we request
that the review be condensed and for Council to vote on all three required readings at
the August 1, 2006 meeting. If this is unacceptable, we ask that the first reading take
place at the August 1st meeting and the second and third readings be collapsed and
both voted on during the August 22nd meeting.
If you have any questions or need additional information, please do not hesitate to
contact us. We appreciate your consideration in this matter.
Sincerely,
Robert Burns & Associates, Architects, for
Johnson County Permanent Supportive Housing Limited Partnership
+ef?
Tracy Falcomata
Project Developer
Hand delivered
cc: Vivian Davis, Chatham Oaks, General Partner, Johnson County Permanent
Supportive Housing Limited Partnership
Andy Chappell, Johnson County Attorney's Office
Steve Ballard, Left Law Firm
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Prepared by: Drew E. Westberg, Planning Intem, 410 E. Washington Street, Iowa City, IA 52240: 319-356-5230
ORDINANCE NO.
AN ORDINANCE REZONING 2.32-ACRES OF LAND LOCATED AT 2401 SCOTT BOULEVARD
FROM GENERAL INDUSTRIAL (1-1) TO NEIGHBORHOOD PUBLlCIINTENSIVE COMMERCIAL (P-
1/CI-1) (REZ06-00016).
WHEREAS, the applicant, City of Iowa City, has requested a rezoning of property located at 2401 Scott
Boulevard from General Industrial (1-1) to Neighborhood Public/Intensive Commercial (P-1/CI-1); and
WHEREAS, the Planning and Zoning Commission found that proposed uses were compatible with the
surrounding properties; and
WHEREAS, the Iowa City Zoning Code requires that all land publicly held by the City, County, or School
Districts be zoned P-1 with an appropriate overlay zone for private uses that occupy such land; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed
rezoning; and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning
classification of General Industrial (1-1) to Neighborhood Public/Intensive Commercial (P-1/CI-1) is hereby
approved:
Part of Lot 7, Auditor's Plat No. 32, more particularly described as: Commencing at a ~oint of reference
at the east quarter corner of Section, 24, Township 79, North, Range 6 West of the 5 P.M., Iowa City,
Johnson, County, Iowa; thence S88043'53" W, 20.00 feet along the north line of the southeast quarter of
said Section 24, to a point of intersection with eh westerly right-of-way line of Scott Boulevard and the
point to beginning of the tract herein( for purposes of this description the east line of the southeast
quarter of said Section 24 is assumed to bear true north); thence N00015'10'W, 65.00 feet to a point;
thence S88048'53'W, 396.24 feet along a line parallel with and 65 feet northerly of and measured
perpendicular to the north line f the southeast quarter of said Section 24, to a point; thence south 306.05
feet to a point; thence S64003'01"E, 440.88 feet to a point of intersection with said westerly right-of-way
line of Scott Boulevard; thence north 442.17 feet along said westerly right-of-way line of Scott Boulevard
to the point to beginning, being Lot 7, Auditor's Plat No. 32, according to the plat thereof recorded in
Book 16 Page 79, Plat Records of Johnson County, Iowa, excepting therefrom: commencing at the
northeast corner of Section 24, Township 79 North, Range 6 West of the 5th P.M.; thence S00018'56"E,
2583.35 feet; thence S88048'53"W, 20.00 feet to the point of beginning; thence S00018'56"E, 64.65 feet;
thence SOOo03'29"E (this is an assumed bearing), 442.54 feet; thence N64003'01"W, 33.38 feet; thence
NOOo03'29'W, 427.84 feet; thence N00018'56"W, 64.13 feet; thence N88048'53"E, 30.00 feet to the point
of beginning, subject to easements, covenants 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.
SECTION III. CERTIFICATION AND RECORDING. 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 IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
------ ..._-_.._._.----~--_..__._~-----~_.,--_.--_._-_._---_._.---.-.-----.'.-
Ordinance No.
Page 2
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 _ day of , 20_.
MAYOR
ATTEST:
CITY CLERK
Approved by
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Ppdadmin/ord/rez06-00016.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 8/01/06
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott,
O'Donnell. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Drew E Westberg, Planning Intern
Item: REZ06-00016
Date: July 6, 2006
GENERAL INFORMATION
Applicant:
City of Iowa City
410 E Washington Street
Iowa City, IA 52240
Contact Person:
Bob Miklo
410 E Washington Street
Iowa City, IA 52240
Phone:
(319) 356-5230
Requested Action:
Rezoning from 1-1 to P-1 with a CI-1 Overlay
Purpose:
To provide reference and notice of publicly
owned land and allow for private CI-1 uses,
(Eastside Recycling Center)
Location:
2401 Scott Boulevard
Size:
2,32 acres
Existing Land Use and Zoning:
General Industrial (1-1)
Surrounding Land Use and Zoning:
North:
South:
East:
West:
1-1
1-1
CI-1
1-1
Comprehensive Plan:
Serves a community wide goal of providing
space for industrial development
File Date:
June 23, 2006
45 Day Limitation Period:
August 7,2006
BACKGROUND INFORMATION
The applicant, City of Iowa City, is requesting a rezoning from General Industrial (1-1) to
Neighborhood Public (P-1) for recently acquired property located at 2401 Scott Boulevard, The
Iowa City Zoning Code requires that all publicly held property be zoned Public (P-1, P-2) to
provide reference and notice to surrounding landowners of public ownership,
The property was annexed into the city around 1970, zoned light industrial (M-1), and was
originally developed by the L L Pelling Company, Inc, T R Investments, Inc. purchased the
property in 1996 to operate a waste management firm. Recently, the City of Iowa City purchased
2
the property from T R Investments.
This newly acquired facility will be used to house the East Side Recycling Center and also two
non-profit building materials sales operations, Habitat ReStore and The Salvage Barn. The intent
behind this public investment is to reduce the amount of waste entering the landfill and to provide
community-wide services encouraging recycling.
ANALYSIS
Zoning: The subject property is nearly surrounded by the BDllndustrial Research Park to the
west of Scott Boulevard, zoned 1-1. Properties immediately east of Scott Blvd are zoned
intensive commercial (CI-1).
The proposed Neighborhood Public Zone (P-1) is designed to provide reference and notice of
public ownership. The zone is for publicly owned purposes such as schools, parks, and other
civic uses owned by Johnson County, the City of Iowa City, or the Iowa City School District.
Section 14-2F-6 of the Iowa City Zoning Code states,
Before a leasehold interest in any land zoned Public is conveyed to anyone for a
use other than those allowed in the Public Zone and to anyone other than the
government of the United States, the State or a political subdivision thereof, the
land must be rezoned to an appropriate zone in which the use is allowed. The
use shall be subject to all requirements of the new zone. Further, the zone shall
be established as an overlay zone with the underlying zone retaining its original
Public Zone designation.
The appropriate overlay zone for the proposed non-public uses of Habitat ReStore and
The Salvage Barn is CI-1. This zone allows for low-traffic, sales-oriented retail such as
lumber stores and consignment shops. Therefore, as required by the Code, the
property should be rezoned to P-1 with a CI-1 overlay, which would regulate all future
private uses within the property.
Compliance with Comprehensive Plan: The subject property is located within the Southeast
Planning District. The Comprehensive Plan describes the Southeast Planning District as
diverse in land use. However, the Plan also notes, "The provision of space for industrial
development is a community-wide goal. The Southeast Planning District contains property
which is appropriate for meeting this goal."
In Staff's opinion, the proposed public and non-profit uses are compatible with the surrounding
industrial areas and the CI-1 zones located to the east of Scott Boulevard. Typical adverse
effects from industrial property such as increased traffic, noxious odors, and loud noise will not
impede the operations of the proposed recycling uses.
STAFF RECOMMENDATION
Staff recommends that, REZ06-00016 an application for the rezoning of 2.32 acres of property
located at 2401 Scott Boulevard from General Industrial (1-1) to Neighborhood Public (P-1) with an
overlay of Intensive Commercial (CI-1) be approved.
Approved by:
~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
CITY OF IOWA CITY ~
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Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING CODE, SUBSECTION 4E-8C,
NONCONFORMING SIGNS, TO ALLOW FOR RECONSTRUCTION OF A
NONCONFORMING SIGN BY SPECIAL EXCEPTION.
WHEREAS, there are currently provisions in the Iowa City Zoning Code that allow alterations to
existing nonconforming signs if they are located on properties designated as Historic Landmarks,
properties registered on the National Register of Historic Places, or on properties located in a Historic or
Conservation District, but no provision for reconstructing reproductions of such signs in cases where they
are completely destroyed by fire or natural disaster; and
WHEREAS, in certain unique and rare situations a sign may have significant artistic, cultural, or
nostalgic value to the community, regardless of whether it is located on a historic property; and
WHEREAS, in the interests of retaining nonconforming signs that have the aforementioned significant
artistic, cultural, or nostalgic value, provision should be made in the zoning code to allow such a sign, if
destroyed by fire or natural disaster, to be reconstructed, provided the sign does not pose a public safety
hazard; and
WHEREAS, since such cases are likely to be rare and unique, and careful consideration may be
needed to ensure public safety standards are met, such cases should be reviewed by the Board of
Adjustment as a special exception.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. By inserting a new paragraph 5 into subsection 14-4E-8C as follows:
5. The Board of Adjustment may grant a special exception to allow repair or
reconstruction of a nonconforming sign that has been damaged or destroyed by
fire, explosion, act of God or by a public enemy if the following approval criteria
are met:
a. In order to qualify for this exception, the sign must fall into at least one of the
following categories:
(1) The subject sign is an integral part of the historic identity of a property or
use designated as a Historic Landmark, a property registered on the
National Register of Historic Places, or of a property listed as a key or
contributing property in a Historic District or Conservation District Overlay
Zone; or
(2) The sign is an integral part of a property's historic identity such that it is
generally recognized and associated with a longstanding business or
institution and makes a significant artistic, cultural, or nostalgic
contribution to the community or neighborhood.
b. The sign must be reconstructed as nearly as possible to its historic design or
to the design that is generally recognized and associated with the
longstanding business or institution such that it continues to make a
significant artistic, cultural or nostalgic contribution to the community or
neighborhood.
c. The sign must be reconstructed such that it is not a hazardous sign. The sign
must be located in a manner that complies with Article 14-50, Intersection
Visibility Standards. The Board may require changes to the sign, to its
structure or mounting, or its location in order to improve public safety. If the
sign is not maintained according to the provisions of Article 14-5B, Sign
, ,_.__~______~____.__~_~_~,_____."._.,___~~_~._~_._______~_m_____~_____,., ..._.__~__,,~_..~__,__.."'_.___
Ordinance No.
Page 2
Regulations, and becomes hazardous, the City may request that the Board of
Adjustment revoke the special exception.
d. If the sign is located on a property designated as a Historic Landmark, a
property registered on the National Register of Historic Places, or a property
listed as a key or contributing property in a Historic District or Conservation
District Overlay Zone, the subject sign must be approved by the Historic
Preservation Commission and issued a certificate of appropriateness. If the
Board of Adjustment grants a special exception for the sign, any subsequent
changes to the sign do not have to be approved by the Board of Adjustment,
but do require a certificate of appropriateness from the Historic Preservation
Commission.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication.
Passed and approved this _ day of , 20_.
ATTEST:
CITY CLERK
Approved by:
./~~~ '/Reo100
City Attorney Office
MAYOR
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 8/01/06
Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, 0' Donnell,
Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
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City of Iowa City
MEMORANDUM
June 29, 2006
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
Re: Zoning Code amendment for nonconforming signs
The Dairy Queen located at 526 South Riverside Drive was destroyed by the April 13
tornado, The nonconforming sign located on the roof of the small building was also
destroyed, The Dairy Queen and its sign had remained largely unchanged since being
established on the property in the 1960's and as such were generally regarded fondly as
a type of community landmark (see the attached photos), In fact, the sign was older
than the building itself, because it was moved from an earlier Dairy Queen originally
located further north on Riverside Drive, The owners of the property, Tracy and Scott
McWane, are in the process of rebuilding the Dairy Queen and would like to install a
replica of the original sign, City staff have been working with the property owner to try
to find a way of allowing a reproduction of the iconic sign to be installed on the property
in compliance with the current sign regulations, However, a solution could not be found
that would allow the large Dairy Queen sign and the two smaller neon pole signs
originally located on the property,
There are provisions in the Zoning Code that allow alterations to existing nonconforming
signs if they are located on properties designated as Historic Landmarks, properties
registered on the National Register of Historic Places, or on properties located in a
Historic or Conservation District In this case, the sign has been completely destroyed
and the Dairy Queen does not fall into any of the aforementioned historic categories, but
certainly in the minds of many the Dairy Queen and its sign have made a significant
cultural and nostalgic contribution to the community,
In the interests of preserving such "community landmarks," staff recommends that the
zoning code be amended to allow signs destroyed by fire or natural disaster to be
reconstructed to their original design if they are located on a historic property or are
deemed to be of significant artistic, cultural or nostalgic value to the community. Since
such cases are likely to be rare and unique, staff recommends that they be reviewed by
the Board of Adjustment as special exceptions,
Please review the attached recommended zoning code language, which, if approved,
would be inserted as a new paragraph into subsection 14-4E-8C, Nonconforming Signs.
Approved by: ~~ .f/~
Robert Miklo, Senior Planner
Department of Planning and Community Development
Insert a new paragraph into subsection 14-4E-BC of the Zoning Code as follows:
5. The Board of Adjustment may grant a special exception to allow repair or
reconstruction of a nonconforming sign that has been damaged or destroyed by fire,
explosion, act of God or by a public enemy if the following approval criteria are met:
a. In order to qualify for this exception, the sign must fall into at least one of the
following categories:
(1) The subject sign is an integral part of the historic identity of a property or
use designated as a Historic Landmark, a property registered on the
National Register of Historic Places, or ofa property listed as a key or
contributing property in a Historic District or Conservation District
Overlay Zone; or
(2) The sign is an integral part of a property's historic identity such that it is
generally recognized and associated with a longstanding business or
institution and makes a significant artistic, cultural, or nostalgic
contribution to the community or neighborhood.
b. The sign must be reconstructed as nearly as possible to its historic design or to
the design that is generally recognized and associated with the longstanding
business or institution such that it continues to make a significant artistic,
cultural or nostalgic contribution to the community or neighborhood.
c. The sign must be reconstructed such that it is not a hazardous sign. The sign
must be located in a manner that complies with Article 14-5D, Intersection
Visibility Standards. The Board may require changes to the sign, to its structure
or mounting, or its location in order to improve public safety. If the sign is not
maintained according to the provisions of Article 14-5B, Sign Regulations, and
becomes hazardous, the City may request that the Board of Adjustment revoke
the special exception.
d. If the sign is located on a property designated as a Historic Landmark, a
property registered on the National Register of Historic Places, or a property
listed as a key or contributing property in a Historic District or Conservation
District Overlay Zone, the subject sign must be approved by the Historic
Preservation Commission and issued a certificate of appropriateness. If the
Board of Adjustment grants a special exception for the sign, any subsequent
changes to the sign do not have to be approved by the Board of Adjustment, but
do require a certificate of appropriateness from the Historic Preservation
Commission.
1
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Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
ORDINANCE NO. 06-4223
AN ORDINANCE CONDITIONALLY REZONING A 1.39 ACRE PROPERTY LOCATED AT 1820
BOYRUM STREET FROM INTENSIVE COMMERCIAL (CI-1) TO COMMUNITY COMMERCIAL (CC-
2). (REZ06-00014)
WHEREAS, the applicant, Brian DeCoster, has requested a rezoning of property located at 1820 Boyrum
Street from Intensive Commercial (CI-1) to Community Commercial (CC-Z) to allow retail uses; and
WHEREAS, the Planning and Zoning Commission found that abutting properties to the west and north
are presently zoned CC-2; and
WHEREAS, the Planning and Zoning Commission has found that the CC-2 zone is intended to provide
major business districts to serve large segments of the community; and
WHEREAS, the Planning and Zoning Commission has found that Boyrum Street is a commercial
collector street designed to accommodate such traffic volumes; and
WHEREAS, the Planning and Zoning Commission has found that the Comprehensive Plan identifies the
Highway 6 Corridor as a significant commercial center for the community along which "minor
redevelopments" should occur to better serve the needs of the growing South District; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning
subject to conditions which address concerns of pedestrian safety and aesthetic views; and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning
classification of Intensive Commercial (CI-1) to Community Commercial (CC-2) and is hereby approved:
In Township 79 North, Range 6 West of the 5th P.M., Section 15, S.w. y. of the S.E. Y. thereof, a tract
of land described as follows: Beginning at a point on the west line of Lloyd's Subdivision which lies S.
o degrees 17 minutes 00 seconds East, 203.00 feet from the N.W. corner of Lot 2 of Lloyd's
Subdivision in Iowa City, Iowa according to the plat recorded in Book 7, page 25, Plat Records of
Johnson County, Iowa; thence South 0 degrees 17 minutes 00 seconds East, 363.30 feet; thence
South 87 degrees 29 minutes 40 seconds West, 166.00 feet; thence North 0 degrees 18 minutes 13
seconds West 369.75 feet; thence N 89 degrees 43 minutes 00 seconds East, 166.00 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. Following final passage and approval of this
ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional
Zoning Agreement between the property owners, the applicant, and the City of Iowa City.
SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this ordinance and the conditional zoning agreement, 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.
Ordinance No. 06-4223
Page 2
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 ---Ls.t.- day of Allgll~t ,20.1l.6..-.
(4 LJ j2L
MAYOR
ATTEST: 7h~.f<I. <k'~
CITY CLERK
Approv~dPY ~. ,
~~ 4--11<>~
City Attorney's Office
ppdadminlord/rez06-00014 1820 Boyrum.doc
Ordinance No. 0/;0.4771
Page ~
It was moved by Vanderhoef and seconded by
as read be adopted, and upon roll call there were:
Bailev
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 7 /18 /06
Vote for passage: Bailey, Champion, Correia,
Wilburn. NAYS: None. ABSENT:
Second Consideration ----- - --------------------
Vote for passage:
Elliott, O'Donnell, Vanderhoef
None.
Date published
8/09/06
Moved by Vanderhoef, seconded by Bailey, that the rule requ~r~ng 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: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn.
NAYS: None. ABSENT: None.
-- -,~_._--~.,_.._._.- ----,-".._._----.._._-------_._------~._,~----_.~----~ ---------..--.,-,
Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ06-
00014)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Brian DeCoster, property owner and applicant (hereinafter "Applicant");
and
WHEREAS, Applicant is the legal title holder of approximately 1.39 acres of property located at
1820 Boyrum Street; and
WHEREAS, the Applicant has requested the rezoning of said property from Commercial
Industrial (CI-1) to Community Commercial (CC-2); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the instillation of a sidewalk for pedestrian safety and appropriate
landscape screening of outdoor storage and display, the zoning is in conformance with the
Comprehensive Plan; and
WHEREAS, Iowa Code ~414.5 (2005) 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 Applicant acknowledges that certain conditions and restrictions are reasonable
to ensure the development of the property for CC-2 uses is compatible with the Comprehensive
Plan's proposal for the Highway 6 Corridor; and
WHEREAS, Applicant agrees to develop this property in accordance with the terms and
conditions of this conditional zoning agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Brian DeCoster is the legal title holder of the property legally described as follows:
In Township 79 North, Range 6 West of the 5th P.M., Section 15, SW. Yo of the S.E. Yo
thereof, a tract of land described as follows: Beginning at a point on the west line of
Lloyd's Subdivision which lies S. 0 degrees 17 minutes 00 seconds East, 203.00 feet
from the N.W. corner of Lot 2 of Lloyd's Subdivision in Iowa City, Iowa according to the
plat recorded in Book 7, page 25, Plat Records of Johnson County, Iowa; thence South
o degrees 17 minutes 00 seconds East, 363.30 feet; thence South 87 degrees 29
minutes 40 seconds West, 166.00 feet; thence North 0 degrees 18 minutes 13 seconds
West 369.75 feet; thence N 89 degrees 43 minutes 00 seconds East, 166.00 feet to the
point of beginning.
2. The Applicant acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code ~414.5
(2005) 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, including provisions for setting CI-1 use
1
storage and display behind the building and/or back from Boyrum Street while employing
proper CC-2 storage and display screening, as well as the instillation of a conforming
sidewalk the length of Applicant's property. Therefore Applicant agrees to certain
conditions over and above City regulations as detailed below.
3. In consideration of the City's rezoning the subject property, Applicant agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, and that:
- a. Any outside storage will be set back at least 20 feet from the east right of way on
Boyrum Street and screened to the S3 standard.
b. Any outside storage abutting the rear of the subject property will be set back at
least 10 feet from the property line and screened to the S3 standard.
c. Any outside display merchandise will be set back at least 10 feet from the east
right of way on Boyrum Street and screened to the S 1 standard.
d. Any outside display merchandise abutting the rear of the subject property will be
set back at least 10 feet from the property line and screened to at least the S2
standard.
e. Instillation of a sidewalk the length of the property according to City standards.
4. The Applicant and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code ~414.5 (2005), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Applicant and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform to 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.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. Applicant 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.
8. 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 oJ 'j v ~ r-
, 20 a <0 .
2
Ulllll'UUD nUN lU:3~ ~Al 3193565497 IOWA CITY CLERK
~ 002/003
C(2;ACITY
u,QQ~
Ross Wilburn, Mayor
b~ l>e L__
By: Brian DeCoster
Attest:
~:"~.J k. ~~
Ma' K. Kerr, City C!erj(
ApprJn ~
. ~ c,
City AttorneY's .
7JtrI~&;
CITY OF IOWA CITY ACKNOWLEDGEMENT;
STATE OF IOWA
)
)88:
JOHNSON COUNTY )
On this ~ day of ~ . A.D. 20 ot... before me,. ',e
undel1llgned, I notary public In llIld for the of Iowa, personally appeared Ross Wilbum . ,d
MlIri;ln K. Karr, to me pel1lOnally known, Who being by me duly swom, did say that they lIre' 1e
Mayor and City Clerk, reapeotiVely, of said municipal corporation exeMing the wlthlrl e nd
foregoing irlsInm1ent; that the seal afflXSd thereto Is the seal of r.aid municipal corporatIor; t I3t
said Instrument WIl6 signed and sealed on behalf of said municipal corporation by authority Of itS
City Councl~ and thIt the Aid Mayor and CIty Clerk sa euell offlcws acknowledged that he
exeoution of said instrument to be the voluntary act and deed of said cexporatlon, by it a,d by
them voluntanly executed.
~ct{-e. KYd~
Notary Public in and for thl! stole of Iowa
My commissIon expires:
"N KELLlE K. TUTTLE
~ Commission Number221819
~ 1: My Co mis .on ,xplres
lOW
3
U7/17/ZUOti ION 10:33 FAX 3193565497 IOWA CITY CLERK
~003/003
BRIAN DECOSTER ACKNOWLEDGEMENT:
STATE OF IOWA ) .
)ts:
JOHNSON COUNTY )
, .
On this --11- day of CT ,,(.I~ ' . 20 Vb, before me the undersigned a
~Ptlic ~far safd County, i id state, personally appeared Bv I tl.fI\ _
, P LJ , to me known to be the Identical person!i1 named In and who exe,JUI ~d
the within and foregoing instrument, and' acknowledged that lheIallellhElvJ executed the same IS
(hlslherllhejr) voluntary act and deed.
~tftZ_/~-
N Pub6c inllncl~~
My commi~ion QXpires: ,,; Db /0 8'
~
l(l"~
JULIA It UADBURY
COft1ml&llon Number 73481,.
My Cornmlulon Ej(Plres
~06,200B
4
~--
J CJ
',-
Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
ORDINANCE NO. 06-4224
AN ORDINANCE REZONING PROPERTY LOCATED ALONG SOUTH GILBERT STREET, SOUTH
OF WATERFRONT DRIVE AND NORTH OF SOUTHGATE AVENUE, FROM INTENSIVE
COMMERCIAL (CI-1) TO COMMUNITY COMMERCIAL (CC-2), (REZ05-00022)
WHEREAS, the applicant, Diane Schoenauer, has requested a rezoning of property located at 160
Stevens Drive from Intensive Commercial (CI-1) to Community Commercial (CC-2) to allow a retail use; and
WHEREAS, the applicant is supported in her request by neighboring property owners along South
Gilbert Street for a larger rezoning; and
WHEREAS, the Planning and Zoning Commission has found that the Comprehensive Plan identifies the
South Gilbert Street Corridor for rezoning for office/retail uses; and
WHEREAS, the Planning and Zoning Commission has found that the South District Plan identifies the
South Gilbert Street Corridor as General Commercial in its "Future Land Use Scenario"; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed
rezoning; and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning
classification of Intensive Commercial (CI-1) to Community Commercial (CC-2) is hereby approved:
Lot 12, Lot 16, Lot 10, Lot 11, Lot 4, Lot 2 and that part of Sand Lake Addition beginning at the Northeast
corner of Lot 13, thence south 157.7', N 89 Deg W 50', N 157.7', S 89 Deg E 50' to the Point of Beginning
of the Sand Lake Addition according to the plat thereof recorded in Book 734, Page 165, Plat Records of
Johnson, County, Iowa.
And,
Lot 2; Lot 3; Lot 4; Lot 5 of Kennedy's Waterfront Addition Part 1.
And,
Lot 1; Lot 2; Lot 3; Lot 4 of Kennedy's Waterfront Addition Part 2.
And,
Lot 6 of Kennedy's Waterfront Addition part 3.
And,
Beginning at the southwest corner of lot 5 of Kennedy's Waterfront Addition Part One; thence, S89022'49"
E, along the southerly line of said Lot 5, 216.15'; thence S00018'44"W, 103.52'; thence N89041'16" W,
212.42'; thence N01043'46" W, 104.75' 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. CERTIFICATION AND RECORDING. 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 IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Ordinance No. 06-4224
Page 2
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.
AUl2:ust
.20~.
MAYOR
ATTEST: ~~.....~k~
C CLERK
Ap~ by
CityAtt~ 4
&>/ul.N....
PpdadminJord/REZ05-00022 south gilbert. doc
Ordinance No.
Page -----3-
06-4224
It was moved by Bailey and seconded by Correia
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
x
x
x
x
x
First Consideration 6/27/06
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia,
Elliott. NAYS: None. ABSENT: None.
Second Consideration 7/18/06
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott,
O'Donnell. NAYS: None. ABSENT: None.
Date published 8/09/06
S{
Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Streel,lowa City, IA 52240; 319-356-5243 (REZ06-00013)
ORDINANCE NO. 06-4225
AN ORDINANCE CONDITIONALLY REZONING 20.79 ACRES OF PROPERTY LOCATED ON
LOWER WEST BRANCH ROAD, WEST OF TAFT AVENUE FROM INTERIM DEVELOPMENT
SINGLE-FAMILY RESIDENTIAL (ID-RS) ZONE TO LOW DENSITY SINGLE-FAMILY
RESIDENTIAL (RS-5) ZONE. (REZ06-00013)
WHEREAS, Arlington Development, LLC has applied for a rezoning of approximately 20.79 acres of
property from Interim Development Single-Family Residential (ID-RS) Zone to Low Density Single-Family
Residential (RS-5) Zone; and
WHEREAS, said property is located on Lower West Branch Road, west of Taft Road; and
WHEREAS, the Northeast District Plan identifies the area as appropriate for low density single-family
residential type development; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has heard
public input; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning, and has
recommended approval subject to conditions; and
WHEREAS, the conditions recommended by the Commission are related to the design of future
subdivision and open space, and to funding of the future improvements to Lower West Branch Road.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from Interim
Development Single-Family Residential (ID-RS) to Low Density Single-Family Residential Zone (RS-5):
Commencing at the Northeast corner of the Southeast Quarter of Section 7, Township 79 North,
Range 5 West, of the 5th P.M., Iowa City, JohnSOn County, Iowa; Thence N89'58'56"W, along the
North line of said Southeast Quarter, 717.27 feet, to the Point of Beginning; Thence S03'17'33"E,
362.35 feet, Thence Sll"42'27"E, 104.62 feet; Thence N60"23'10"E, 85.89 feet; Thence
S47"25'02"E, 184.92 feet; Thence S18"09'37"E, 302.29 feet; Thence S02'02'55'W, 478.83 feet;
Thence S12'48'20"W, 445.52 feet; Thence S89'59'58'W, 603.36 feet; Thence N42'04'38"E, 279.14
feet, Thence Northeasterly 593.57 feet, along an arc of a 500.00 foot radius curve, cOncave
Northwesterly, whose 559.32 foot chord bears N08'04'05"E; Thence N25056'27'W, 764.11 feet;
Thence S87'46'23"W, 272.58 feet; Thence NOO'OO'OO"E, 309.80 feet, to a point On said North line;
Thence S89'58'56"E, along said North line, 713.21 feet, to the Point of Beginning. Said tract of land
contains 20.79 acres, 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. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the attached
Conditional Zoning Agreement between the property owners, the applicant, and the City of Iowa City.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed
Ordinance No. 06- 422 5
Page 2
to certify a copy of this ordinance and the Conditional Zoning Agreement 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 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.
G2:L:PlLdaYOf
MAYOR
Al1fllAt
, 20--'l6...-.
ATTEST: ~ ~ ~
ClERK
&/;'fhw
PCD\Staff Reports\ORD\RElO6-00013 LowerWestBranchRoad.doc
Ordinance No. 06-4225
Page 3-
It was moved by Champion and seconded by Bailey
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
X
X
X
X
Bailey
Champion
Correia
Elliot!
O'Donnell
Vanderhoef
Wilburn
First Consideration 6/27/06
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott,
-O'Donnell. NAYS: None. ABSENT: None.
Second Consideration 7/18/06
Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell,
Vanderhoef. NAYS: None. ABSENT: None.
Date published
8/09/06
____"__~._._._~__.___.._._.___~"__________,..._.....,_.__.._.,_________....__,______.__..._"...__._n__
Prepared by: Sunil Terdalkar, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 (REZ06-00013)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Arlington Development, Inc. (hereinafter "Applicant") and Jerry F.
Lindemann (hereinafter "Owner"); and
WHEREAS, Owner is the legal title holder of approximately 20.79 acres of property located on
Lower West Branch Road, west of Taft Avenue; and
WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property
from Interim Development Single-Family Residential (ID-RS) zone to Low-Density Single-Family
Residential zone (RS-5); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the design of the future subdivision and funding of future improvements to
Lower West Branch Road, the timing of the rezoning is appropriate and the Low Density Single-
Family Residential (RS-5) zoning is in conformance with the Comprehensive Plan; and
WHEREAS, Iowa Code ~414.5 (2005) provides that the 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 acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property conforms to the neighborhoods design
principles and open space provisions of the Northeast District Plan and the Comprehensive
Plan goals and to ensure that proportional contribution is made toward future reconstruction of
Lower West Branch Road; and
WHEREAS, Owner and Applicant agree to use 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. Jerry F. Lindemann is the legal title holder and Arlington Development, Inc. is the
applicant for a rezoning of the property legally described as follows:
1
Commencing at the Northeast corner of the Southeast Quarter of Section 7, Township
79 North, Range 5 West, of the 5th P.M., Iowa City, Johnson County, Iowa; Thence
N89058'56'W, along the North line of said Southeast Quarter, 717.27 feet, to the Point
of Beginning; Thence S03017'33"E, 362.35 feet, Thence S11042'27"E, 104.62 feet;
Thence N60023'10''E, 85.89 feet; Thence S47025'02"E, 184.92 feet; Thence
S18009'37"E, 302.29 feet; Thence S02002'55"W, 478.83 feet; Thence S12048'20'W,
445.52 feet; Thence S89059'58'W, 603.36 feet; Thence N42004'38"E, 279.14 feet,
Thence Northeasterly 593.57 feet, along an arc of a 500.00 foot radius curve, concave
Northwesterly, whose 559.32 foot chord bears N08004'05"E; Thence N25056'27'W,
764.11 feet; Thence S87"46'23'W, 272.58 feet; Thence NOooOO'OO"E, 309.80 feet, to a
point on said North line; Thence S89058'56"E, along said North line, 713.21 feet, to the
Point of Beginning. Said tract of land contains 20.79 acres, and is subject to easements
and restrictions of record.
2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential
development that conforms to the Comprehensive Plan and the neighborhood design
policies contained within the Northeast District Plan. Further, the parties acknowledge
that Iowa Code ~414.5 (2005) provides that the 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, including provisions for
adequate infrastructure necessary to support urban development. Therefore Owner and
Applicant agree to certain conditions over and above City regulations as detailed below.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning code, as well as the following conditions;
a. Owner and Applicant agree that any future development of this property will be in
compliance with the neighborhood design principles of the Northeast District
Plan, and that the City will take these policies into consideration during review of
such development. these polices include, but are not limited to, the provision of
interconnected street system, cul-de-sac streets only where other options are not
practical, designing sidewalk and trail connections and neighborhood access to
open spaces, as an integral part of the neighborhood. In this instance, any future
development shall ensure retention of the remnants of the stone bridge in a
manner that provides public access to this feature as per a previous conditional
zoning agreement.
b. Prior to any plat or development being approved on the property north of midway
point between Lower West Branch Road and Court Street, the Owner, Applicant
to agree contribute proportional cost of Lower West Branch Road improvement,
at a rate of $6,424.44 per acre of property, (a total of $133,564.00 for 20.79
acres) at the time of final plat approval. Said funds shall be deposited with the
City prior to the first occupancy permit being issued for any lot in any final plat on
this property.
4. The Owner, Applicant, and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code ~414.5 (2005), and that
said conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner, Applicant, and City acknowledge that in the event the subject property is
2
transferred, sold, redeveloped, or subdivided, all redevelopment 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.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. Applicant 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.
8. 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 --1!i..L day of Augus t
,2006.
-
V!~WCCI~ ~ QL
Ross Wilburn, Mayor
Jerry F. Lindemann
Attest:
~/~A_.J ~. c/duJ
Mari K. Karr, City Clerk
Approved ~
. c::;:. b /; <r~
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ~ day of ~........s-f , A.D. 20 {)~ , before me, the
undersigned, a notary public in and for th tate of Iowa, personally appeared Ernest W. Lehman
and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
3
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
~ d,-e-- ;/, ~ -fI-(-<z-
Notary Public in and for the State of Iowa
My commission expires:
JERRY F. LINDEMANN ACKNOWLEDGEMENT:
,1-IN, KELLlE K. TUTfLE
if~'; Commission Number 2?1819
~ -: Mv Co mis 'on ExpIres
lo\}i '4- .
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ( f day of -:rl.L~ , A.D. 20~, before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared Jexr'( t.'nde.....4.,,11.
to me personally known, who, being by me duly sworn, did say that they are the
, of said corporation executing the within and foregoing instrument to
which this is attached, that said instrument was signed and sealed on behalf of the seal affixed
hereto is the seal of said corporation by authority of its Board of Directors; and that the said
:r "'-rr'( t. j...te. ..........." as such officers acknowledged the execution of said instrument to be
the voluntary act and deed of said corporation, by it and by them voluntarily executed.
~ 1<(. ~
Notary Public in and for the State of Iowa
My commission expires: q - .;z :3 - '" ~
ARLINGTON DEVELOPMENT, INC. ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
~
On this /'1 day of :.I (,c. I'l -e... , A.D. 20~, before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared ~~tL 1Ito..-", ~k.;J.J JV-.
to me personally known, who, being by me duly sworn, did say that they are the
~cre4-e>KU , of said corporation executing the within and foregoing instrument to
which this is 'attached, that said instrument was signed and sealed on behalf of the seal affixed
hereto is the seal of said corporation by authority of its Board of Directors; and that the said
-:101-..... "'ore kn.d :r l'" as such officers acknowledged the execution of said instrument to be
the voluntary act and deed of said corporation, by it and by them voluntarily executed.
~
Nota Public in and for said County and State
My commission expires: 1- ;)3 -0 ~
\PCD\Statr Reports\ORD\CZA Lower West Branch Road.doc
4
s-.
q
. I
\,
,
Prepared by: Robert Miklo, PCD, 410 E Washington Street. Iowa City. IA 52240 319356-5240 (VAC06-00002)
ORDINANCE NO. 06-4226
AN ORDINANCE VACATING A PORTION OF DANE ROAD SOUTH OF HIGHWAY 1. (VAC06-
00002)
WHEREAS, The Iowa City Airport Commission has acquired properly on both side of the portion of
Dane Road adjacent to the Iowa City Airport south of Highway 1; and
WHEREAS, This portion of Dane Road is no longer needed to provide access to adjacent properties;
and
WHEREAS, Utilities have been or will be relocated from the right-of-way.
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 the rights-of-way legally described as
follows:
THAT PART OF EXISTING DANE ROAD RIGHT-Of-WAY SITUATED IN PART OF THE
NORTHEAST 1/4 Of SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST Of THE 5TH
P.M. AND IN PART Of THE NORTHWEST 1/4 Of SECTION 21, TOWNSHIP 79 NORTH,
RANGE 6 WEST Of THE 5TH P.M., ALL IN THE CITY Of IOWA CITY, COUNTY Of
JOHNSON, STATE Of IOWA. SAID PART Of EXISTING DANE ROAD RIGHT-Of-WAY IS
BOUNDED ON THE NORTH BY THE PRESENT SOUTHEASTERLY RIGHT-Of-WAY LINE Of
IOWA HIGHWAY 1 AND ON THE SOUTH BY THE SOUTHERLY LINE Of THE NORTHEAST
1/4 Of SAID SECTION 20 AND THE SOUTHERLY LINE Of THE NORTHWEST 1/4 Of SAID
SECTION 21.
SECTION II REPEALER. All ordinances and parts of if 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 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.
~(:;:,",~d.Ym ....'" 2O~
MAYOR
ATTEST:~"...X#J
CI LERK
Approved by
t{ti~
Co II 'i j;;{fl
ppadmlordlvac06-00002~ane-foad.doc
Ordinance No. Or;-47?h
Page -L-
It was moved by Bailey and seconded by
as read be adopted, and upon roll call there were:
c'orre;:::I
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
x
x
x
x
x
First Consideration 6/27/06
Vote for passage: AYES: Bailey, Champion, Correia, Elliott, 0' Donnell, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Second Consideration 7/18/06
Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: None. ABSENT: None.
Date published 8/09/06
i
,
Prepared by: Susan Dulek, Ass!. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
06-4227
ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 2,
ENTITLED "LIQUOR LICENSING AND BEER PERMITS" BY AMENDING SECTION 2 TO ALLOW
LIVE PERFORMANCE THEATERS TO SERVE AND CONSUME ALCOHOL ABOVE THE
GROUND FLOOR.
WHEREAS, City Code section 4-2-2 limits the sale and consumption of alcohol pursuant to a liquor
license or beer/wine permit to the ground floor except for hotels, motels, restaurants, and private clubs;
WHEREAS, live performance theaters which have liquor licenses or beer/wine permits should be
granted a similar exception to the general ground floor limitation; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 4, entitled "Alcoholic Beverages," Chapter 2, entitled "Liquor Licensing and Beer Permits,"
Section 2, entitled "Premises Requirements," Subsection B is hereby amended by deleting it in its
entirety and adding a new Subsection B as follows:
No liquor control license nor beer permit for serving and consuming on premises shall be approved
for an establishment which is not located on the ground floor of a building and which does not contain
windows which permit visibility of its interior from the public way, except for hotels, motels, restaurants,
private clubs, and theaters that have live performances as their principle function. An establishment will
be considered to be on the ground floor if it is located on a mall level. This provision shall not be
applicable to establishments which were licensed prior to the effective date hereof
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.
ed and approved this ~ day of August ,2006.
M YOR
ATTEST: /J~~-..J =/!. ~
CITY CLE
Approved by
~~ ~-a,-O~
City Attorney's Office
Ordinance No.
Page --L.
06-4227
It was moved by Bailey and seconded by
as read be adopted, and upon roll call there were:
Correia
that the Ordinance
AYES: NAYS: ABSENT:
x
x
X
X
X
X
X
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 7 /31 /06
Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion, Correia. NAYS: None. ABSENT: None.
Second Consideration ---- - - ----------------
Vote for passage:
Date published
S/Og/On
Moved by Bailey, seconded by Champion, 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 seccnd consideration and
vote be waived and the ordinance be voted upon for final passage at this time.
AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion.
NAYS: None. ABSENT: None.