HomeMy WebLinkAbout1994-05-10 Ordinance
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CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter "City"), Towncrest Mobile Home Court and Sales Co. Inc. (hereinafter "Owner") and
First Muscatine Properties Inc. (hereinafter "Applicant"). f'
WHEREAS, the Applicant has contracted to purchase the property loc ed at 2312 Muscatine
Avenue, Iowa City, Iowa, subject to the City's rezoning the property; a
WHEREAS, Applicant, as contract purchaser, and Owner, as legal Itle holder, have requested
the City to rezone the 7.8t~Cres of land located at 2312 Musca ne Avenue, Iowa City, Iowa,
from RFBH, Residential F<4\Ory Built Housing, to CC-2, Comm ity Commercial; and
WHEREAS, Iowa Code S 414~ (1993) provides that the City Iowa City may impose reasonable
conditions on granting the rezo~ing request, over and abov existing regulations, to satisfy public
needs directly caused by the requested change; and
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WHEREAS, Owner and Applicant aCkrowledge that c rtain conditions and restrictions are reason-
able to ensure appropriate commercial'developmen djacent to residential neighborhoods in Iowa
City and ensure adequate traffic circul~tlon.
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NOW, THEREFORE, in consideration of th\ ,utual promises contained herein, the Parties agree
as follows:
1. Towncrest Mobile Home Court js1he ow~er and legal title holder of the property located
at 2312 Muscatine Avenue,ta City, 10\ legally described as follows:
Commencing at a point 3.52 chains East of the southwest corner of the NW 1/4
of Sec. 13, Twp. 79 N., R. 6 West of the 5th 'P.M. thence east 269.2 feet, thence north
parallel with the westlin~ of said Section 13211eet, thence northwesterly 269.8 feet to a
point 1352 feet due jn'orth of the beginning, th'ence south 1352 feet to the place of
beginning, containing 8.26 acres, more or less, exb~pt commencing 1081 feet north of a
point 3,52 chains e~st of the southwest corner of th~said NW 1/4 of Section 13, thence
north easterly tO/~ point in the north line of the tract a~ove described, that is 19-112 feet
easterly from th/e northwest corner of said tract, thence n rthwesterly 19-1/2 feet to a point
that is 271 fe~l' due north of point of beginning, thence so ~ to point of beginning, subject
to the public/highway off the south end thereof. \
The/East 12 feet of the South 418 feet of the fOI~Wing described property:
Beginning'at a point on the West line of the NW 1/4 of Sec. 1 Twp. 79 N. R. 6 West of
the 5th p.M. said point being on the South line of the right of ~y of the Chicago, Rock
Island and Pacific Railway, thence South 28.49 chains to the center of the Bloomington
Roa~/thence East along said center of said road 3.52 chains; then'ce North 28.49 chains
to t~e South line of the right of way of the Chicago Rock Island and Pacific Railway;
th~nce west along said right of way 3.52 chains to the place of beginning.
EXCEPTING THEREFROM THE FOLLOWING:
Beginning at a point 33.0' North and 232.32' East of the Southwest corner of the
Northwest Quarter of Section 13, Township 79 North, Range 6 West of the 5th P.M.,
thence East 100' along said right of way; thence North 0056' East 1 00'; thence West 100';
thence South 0056' West 100' to the point of beginning; together with an easement for
ingress and egress over the following described property.
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2.
Beginning at a point 33' North and 332.32' East of the Southwest corner of
Northwest Quarter of Section 13, Township 79 North, Range 6 West of the 5th P.M.,
thence East 30'; thence North 0056' East 130'; thence West 80'; thence South 0056' West
30' to the North line of the above described property; thence East 50' to the NE corner of
the above described property; thence South 0056' West to the point of beginning.
Applicant is contract purchaser and equitable title holder of the property, and is the real
. party in interest herein for zonin~rposes, since Applicant's contr ct to purchase is
contingent on City's rezoning the .f~:e property.
Owner and Applicant acknowledge\ that the real party in intere is the Applicant, First
Muscatine Properties, Inc.; that this Conditional Zoning Agree nt will have no force and
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effect if Owner does not convey title to the Applicant; an that the responsibility for
fulfilling the conditions of this Agreem~nt will reside with Ap I cant when Owner T owncrest
Mobile Home Court conveys title to the above property Applicant. With this in mind,
Owner and Applicant acknowledge th~t if the conditio s of this Agreement take effect
upon sale of the property to Applicant, that the conditi ns set forth in Paragraph 5 are the
responsibility of Applicant. \
Applicant and Owner acknowledge that the City ishes to ensure appropriate commercial
development adjacent to residential neigh or? ods and adequate traffic circulation, and
therefore, agree to certain conditions over a ,above City regulations to lessen the impact
of the commercial development on the are
In consideration of the City's rezonin9/ the subject property from RFBH, Residential
Factory Built Housing, to CC-2, Community Co mercial, the Applicant agrees that devel-
opment and use of the subject property will nform to the requirements of the CC-2
Zone, as well as the following additional conditi ns:
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a. Applicant will grant acce,1s easements acr ss the subject property to owners of the
James and Hansen properties to provide a cess to First and Muscatine Avenues.
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b. The Applicant will relocate the curb cut an driveway on Muscatine Avenue to
align with Wade Street, if and when the Jam s property to the west redevelops.
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3.
4.
5.
c.
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Applicant will dedicate an additional71\2 feet f right-of-way for First Avenue and
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additional 7 ~eet of right-of-way for Muscatine venue.
The Direclor of Planning and Community Devel pment must approve a concept
plan, incl,uding building elevation drawings and a la~SCaPing plan prior to site de-
velopment. The concept plan shall include pro Isions for landscape buffers
betwedn the proposed development and the existing Sidential development to the
nort~/and east of the subject property.
Ap~licant will establish a pedestrian access easement pjacent to Ralston Creek.
The parties shall determine the location of the pedestriar,,\ccess area at the time
of concept plan approval. , \
The Applicant shall relocate the existing storm sewer line located under this prop-
erty so that it does not conflict with any proposed structures. Applicant and Owner
shall grant an easement over the relocated line.
d.
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6.
The Parties acknowledge that the Applicant has agreed to provide $30,000 for the cost
of upgrading the intersection of First and Muscatine. The Parties further acknowledge that
this fee is based on an estimate of the projected traffic stream that will be generated by
the proposed commercial development on the subject property. This fee will be paid at
such time that the City awards a contract for the First and Muscatine Avenue intersection
improvements.
7.
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The parties acknowledge that the Applicant has agreed to provide up to;$150,000 for
relocation assistance for the current ,~nts of the Towncrest Mobile Hofne Park. This
assistance will be paid consistent w~h t~~ estimated relocation costs set forth in Exhibit
A attached hereto and incorporated 'py this reference. Funds for thi assistance will be
paid to the City of Iowa City, Iowa, wpen the rezoning takes effect.
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Applicant, Owner and City agree that t~e existing Towncrest ~ i1e Home Park ("Park")
will not be closed until the earlier of Jun,e 1, 1995 or the date 'n which no tenants remain
at the Park.
8.
9.
Applicant and Owner acknowledge that the conditions ontained herein are reasonable
conditions to impose on the land under lo~a Code!l 14.5 (1993), and that said condi-
tions satisfy public needs which are directlY, caused y the requested zoning change.
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Applicant and Owner acknowledge that in th,e e ent the subject property is transferred,
sold, redeveloped, or subdivided, all redevelop, ent will conform with the terms of this Agr-
eement. \
The Parties acknowledge that this Agree ent s\all be deemed to be a covenant running
with the land and with title to the land, and snail remain in full force and effect as a
covenant running with the title to the )a'nd unles~\ or until released of record by the City.
The Parties further acknowledge thal1this Agreement shall inure to the benefit of and bind
all successors, representatives anp' assigns of therarties.
The Applicant and Owner ackn001edge that nothing \p this Agreement shall be construed
to relieve the Applicant frol]1l complying with all ell plicable local, state and federal
regulations.
10.
11.
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13. The Parties agree that this Conditional Zoning Agre ment shall be incorporated by
reference into the Ordinance rezoning the subject prop rty; and that upon adoption and
publication of the Ordinance, this Agreement shall be r corded in the Johnson County
Recorder's Office. {/
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14. This Conditional Zoning Agreement is conditioned upon Ap Iicant acquiring legal title to
the subject prope'rty within 210 days of publication of the Or 'nance rezoning the subject
property. In th' event Applicant does not acquire title to the ubject property within said
time, this Agr.~ement shall terminate and be of no further fore and effect; the Applicant
and Owner Ahall have no obligations and liabilities hereunder; nd further, the rezoning
of the sUbl~ct property shall be of no force and effect.
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Dated this
day of
,1994.
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, 1994.
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~~ttorney's Office 4 /1~ rl
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On this _ day of ! , 1994, b fore me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared , to
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me personally known, y.;ho being by me duly sworn did say hat he\she is the , of
the corporation executing the within and foregoing instrument, that no seal has been procured by
the corporation; that/said instrument was signed on behalf of he corporation by authority of its
Board of Directors; .and that as office acknowledged the execution of
the foregoing instrpment to be the voluntary act and deed of the 6\oration, by it and by him\her
voluntarily execul6d. \
Notary Public in and for the State of Iowa
Dated this
day of
CITY OF IOWA CITY, IOWA
By:
Susan M, Horowitz, Mayor
By:
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'Marian K. Karr, City Clerk
OWNER
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By:
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Towncrest Mobile Home Court
and Sales Co. Inc.
APPLICANT
By:
First Muscatine Properties Inc,
STATE OF IOWA )
) ss:
JOHNSON COUNTY)
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On this _ day of , 1994, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally a~eared / I to
me personally known, who being by me duly s om did say that he\she is the I of
the corporation executing the within and foregoi g instrument, that no seal has een procured by
the corporation; that said instrument was signe~ on behalf of the corporalio by authority of its
Board of Directors; and that \ as officer acknowle ed the execution of
the foregoing instrument to be the voluntary act And deed of the corporati n, by it and by him\her
voluntarily executed. \
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Notary Public In and for the
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STATE OF
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) ss:
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COUNTY
STATE OF IOWA
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JOHNSON COUNTY
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On this day of , 1994, before me,
, a Notary Puolicl in and for the State of Iowa, personally
appeared Susan M. Horowitz and Marian K. Ka~(to m~ personally known, and, who, being by
me duly sworn, did say that they are the Mayoyand Ci~ Clerk, respectively, of the City of Iowa
City, Iowa; that the seal affixed to the foregoing ins~ument is the corporate seal of the
corporation, and that the instrument was s)gned and se led on behalf of the corporation, by
authority of its City Council, as contained in Ordinance passed by the City
Council on the day of / , 1994, and that Susan M. Horowitz
and Marian K. Karr acknowledged the execution of the ins ument to be their voluntary act and
deed and the voluntary act and deed/of the corporation, by 't voluntarily executed.
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/ Notary Public in a d for the State of Iowa
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05/10/94 10:33 tt1 309 786 0463 SNYDER a SCHWARZ
05110194 eSI26 EAGLE FOOD CENTERS .. 1 309 7B6 0463
IaJ 002/002
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Eagle Food ~ters .
1'.(1. ~ 6700, 1!oc411/and, 1I1iIIois 61204.67001~ Offim & Dilf1ihuzjQn C&u4r: IlL 67 & KllI..vilt. 1&/11/4 MilDll.IlliJlllu dl261
T eltpfwnc: J09-18'1//100/FfJJI: J09.787.7f19J
May 9, 1994
RE: First Muscatine Corp
REZ93-0010 ~ First and
MU5catine Avenues
Susan Horowitz, Mayor
Iowa City Council Members
City of Iowa City
410 East Washlnqton Street
Iowa City, IA 52240-1826
Honorable Mayor and Council Hembersl
This letter is to confirm the understanding between Eagle Food
Centers, Inc. and the City of IOWa City with resPQct to the
'150,000.00 relocation assistance eet forth in Paragraph 7 of the
Conditional Zoning Agreement. A question h~~ arisen as to the
effect of Eaqle's pa~ent of the $150,000.00 if the Conditional
Zoning Agreement i6 terminated pursuant to its numbered paragraph
14. 2aqle aqrees that it will not seek reimbursement from the,
City of Iowa City of any of the $150,000.000 already spent
pursuant to the relocation program if the Conditional Zoning
Agreement is terminated pursuant to paragraph 14.
If the COnditional Zoninq Aqreemant 1s terminated pursuant to
Paragraph 14/ to the extent that any of the '150,000 has not been
used, Eaqle would be entitled to reimbursement of that amount.
EAGLE FOOD CSN~ERS, INC.'
By'
Its
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COI Moni~a Moen, City of Iowa City
Rockne Bro5man/ Oakridqe properties, Ltd.
Philip A. Leff, Leff Haupart << Iraw
Oee Runnels, Snyder << Sohwarz
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DRAFT BASED ON STAFF'S RECOMMENDATIONS AND APPLICANT'S OFFER
REGARDING RELOCATION ASSISTANCE AND INTERSECTION IMPROVEMENTS
DRAFT
DRAFT
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between lhe City of Iowa City, Iowa, a Municipal Corporation
(hereinafter "City"), Towncres1 Mobile Home Court and Sales Co. 106. (hereinafter "Owner") and
First Muscatine Properties Inc. (hereinafter "Applicant").
WHEREAS, the Applicant has contracted to purchase the prop' rty located at 2312 Muscatine
Avenue, Iowa City, Iowa; and
WHEREAS, Applicant, as contract purchaser and Owner, a legal title holder, have requested
the City to rezon~the 7.86 acres of land located at 2312 Mu~ atine Avenue, Iowa City, Iowa, from
RFBH, Residenlial"faclory Built Housing, to CC-2, co~unity Commercial; and
WHEREAS, Iowa Co' e ~ 414.5 (1993) provides that the ity of Iowa City may impose reasonable
conditions on granti~qe rezoning request, over an~ ove existing regulations, to satisfy public
needs directly caused bNhe requested change; an
WHEREAS, Owner acknowledges that certain c2 ditions and restrictions are reasonable to
ensure appropriate commerbtal development ad~cent to residential neighborhoods in Iowa City
and ensure adequate traffic cl(pulation. /.."
NOW, THEREFORE, in consideration of lthe mtltual promises contained herein, the Parties agree
as follows: ~
1. Towncrest Mobile Home Cou is the 0 ner and legal title holder of the property located at
2312 Muscatine Avenue, Iowa ~'IY' 10 a, legally described as follows:
Commencing at a point 3.52 h (ns East of the southwest corner of the NW 1/4 of Sec.
13, Twp. 79 N., R. 6 West of the 5th/ .M. thence east 269.2 feet, thence north parallel with the
west line of said Section 1321 fe~t, ~ence northwesterly 269.8 feet to a point 1352 feet due
north of the beginning, thence south\ 1352 feet to the place of beginning, containing 8.26
acres, more or less, except cq~mencl:;1081 feet north of a point 3,52 chains east of the
southwest corner of the said/NW 1/2 0 Section 13, thence north easterly to a point in the
north line of the tract above,described, th tis 19-1/2 feet easterly from the northwest corner
of said tract, thence northwesterly 19-1/2 fe t to a point that is 271 feet due north of point of
beginning, thence south t.o point of beginnin subject to the public highway off the south and
thereof. '
The East 12 feet of the South 418 feet of th following described property: Beginning at
a point on the West line of the NW 1/2 of Sec. 1 Twp. 79 N. R, 6 West of the 5th P,M. said
point being on the South line of the right of way f the Chicago, Rock Island and Pacific
Railway, thence South 28.49 chains to the center of t Bloomington Road; thence East along
said center of said' road 3.52 chains; thence North 28, 9 chains to the South line of the right
of way of the Chicago Rock Island and Pacific Railway; thence west along said right of way
3.52 chains to tre place of beginning,
EXCEPTING,THEREFROM THE FOLLOWING:
Beginning at a point 33.0' North and 232.32' East 0 the Southwest corner of the
Northwest Quarter of Section 13, Township 79 North, Range West of the 5th P.M., thence
East 100' along said right of way; thence North 0056' East 100 }...thence West 100'; thence
South 005,6' West 100' to the point of beginning; together with an 'easement for ingress and
egress o,ver the following described property. \
Beginning at a point 33' North and 332,32' East of the Southwest corner of Northwest
Quarter of Section 13, Township 79 North, Range 6 West of the 5th P.M., thence East 3D';
thence North 0056' East 130'; thence West 80'; thence South 0'56' West 30' to the North line
of the above described property; thence East 50' to the NE corner of the above described
property; thence South 0056' West to the point of beginning,
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2. Applicant is contract purchaser and equitable title holder of the property.
3. Applicant and Owner acknowledge that the City wishes to ensure appropriate commercial
development adjacent to residential neighborhoods and adequate traffic circulation, and
therefore, agree to certain conditions over and above City regulations to lessen the impact of
the commercial development on the area.
3. In consideration of the City's rez??ing-itleSubject property from RFBH, Residential Factory
Built Housing, to CC-2, Communio/ Commercial, the Applicant and Owner agree that develop-
ment and use of the subject property will conform to the requi ements of the CC-2 Zone, as
well as the following additional cdrditions:
a. Applicant and Owner will gran access easements acros the subject property to owners
of the James and Hansen pro~erties to provide access 0 First and Muscatine Avenues.
b. The applicant will relocate the ~urb cut and driveway n Muscatine Avenue to align with
Wade Street, if and when the J~mes property to the est redevelops,
c. Applicant and Owner will dedicate an additional 71 feet of right-of-way for First Avenue
and additional 7 feet of right-or-~ay for Muscatin Avenue.
d. The Director of Planning and Co munity Dev opment must approve a concept plan,
including building elevation drawi 'gs and a la dscaping plan prior to site development.
The concept plan shall include pr visions fo landscape buffers between the proposed
development and the existing resid ntial de lopment to the north and east of the subject
property.
e. Applicant and Owner will establish p estrian access easement adjacent to Ralston
of concept plan approval.
f. The Applicant and Owner shall reloJ, the existing storm sewer line located under this
property so that it does not conflic) wit any proposed structures. Applicant and Owner
shall grant an easement over the;reloc ted line.
4. The Parties acknowledge that the fpplican has agreed to provide $25,000 for relocation
assistance for the current residents' of the To ncrest Mobile Home Park and $45,000 for the
cost of upgrading the intersection(6f First and uscatine. The Parties further acknowledge that
if the City grants tax abatemenyto Applicant f r redevelopment of the subject property, the
Applicant will provide relocatign assistance no to exceed $67,000 at the completion of the
rezoning and will provide $11'7,000 toward the ost of the intersection improvements at the
time the improvements occur.
5, Applicant and Owner ack,nowledge that the co ditions contained herein are reasonable
conditions to impose on ~tie land under Iowa Co ~ 414,5 (1993), and that said conditions
satisfy public needs which are directly caused by e requested zoning change.
6. Applicant and Owner ap'knowledge that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will c form with the terms of this Agreement.
7, The Parties acknowledge that this Agreement shall be eemed to be a covenant running with
the land and with title to the land, and shall remain I full force and effect as a covenant
running with the title to the land unless or until release of record by the City. The Parties
further acknowledge that this Agreement shall inure to th benefit of and bind all successors,
representatives ~hd assigns of the Parties.
8, The Applicant ~hd Owner acknowledge that nothing In this greement shall be construed to
relieve the Applicant from complying with all applicable loc ,state and federal regulations,
9, The Parties agree that this Conditional Zoning Agreement sh (I be Incorporated by reference
Into the Ordinance rezoning the subject property; and that upo~ adoption and publication of
the Ordinan~e, this Agreement shall be recorded In the Johnson\County Recorder's Office.
Dated this day of , 1993, '
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- 3-
CITY OF IOWA CITY, IOWA
By:
Darrel G. Courtney, Mayor
By:
Marian K. Karr, City Clerk
.--
By:
Towncrest Mobile Home Court
and Sales Co. Inc.
By:
First and Muscatine Properties Inc.
Approved by:
City Attorney's Office
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of I , A,D., 1993, before me, the undersigned,
a Notary Public In and for the St~te of Iowa, personally appea~~d and
, to 1'(18 personally known, who belng'eY me duly sworn, acknowledged
the execution of this Instrum~ht to be the voluntary act and vo untarily executed.
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STATE OF IOWA
JOHNSON COUNTY
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On this day of , 1993, before
, a Notary Public in and for the State Iowa, personally
appeared Darrel G. Courtney and Marian K. Karr, to me personally know , and, who, being by
me duly sworn, did say that they are the Ma and City Clerk, respe~ti Iy, of the City of Iowa
City, Iowa; that the seal affixed to th oregoing instrument is th corporate seal of the
corporation, and that the instrument as signed and sealed on b alf of the corporation, by
authority of Its City Council, as contai ed in Ordinance No. passed by the City
Council on the day of , 19 " and that Darrel G. Courtney
and Marian K. Karr acknowledged the xecution of the instru I1t to be their voluntary act and
deed and the voluntary act and deed f the corporation, by' voluntarily executed.
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12/20/93 16:55 '5'1 309 786 0463 SNYDER & SCHWARZ H~ EFC/T. REESE 141007/010
DRAFT BASED ON STAFF'S RECOMMENDATIONS AND APPLICAN1'S OFFER
AEGARCING RELOCATION ASSISTANoe AND INTERSECTlO~ IMPROVEMENTS
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, CONDITIONAL ZONING AGREEMENT
.,..:' DRAFT
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" 'THIS AGREEMENT 1$ made by and between the Cily of Iowa Olty, Iowa, a Municipal Corporation
,(hereinafter -Clty"), Towncrest Mobile Home Court and Sales Co. Ino. (hereinafter 'Ownet") and
, '. FirSt Muscatlne Properties Inc. (hereinafter "Appllcantj. i
: WHEREAS, the Applicant has eontracted to purchase the property located t 2312 Muscatine
. Avenue, Iowa City, lows; and / '
WHEREAS, Applicant, as contract purchasertd Owner. as legal~' e h der. have requested
the City to rezone the 7.66 acres of land locate at 2312 Muscatlne Aven e, !owa City, Iowa,1rom
RFSH, Residential FactoIY B41n Housing, to C .2, Community Corn relal; and
WHEREAS, Iowa Code! 414.6 (1993) provide1 that the city of Iowa 91ly may Impose reasonable
concfrtlons on granting the rezoning request. oJ~r and above ex/sting regulations, to satlsfy public
. needs directly caused by the requested change; and
. I
WHEREAS, OWner acknowledges that Qartal~ conditions at) restrictlons are reasonable to
ensure appropriate commercial development ad/acent to re~dential neighborhoods in Iowa CIty
and ensure adequate traffic circulation. \ /' .
NOW, THEREFORE, in eonsideration of the mutUal promjses eontalned herein, the Parties agree
. , r~~=e~ MobUs Home Court is the owner ~d I~al title holder of the' property located at
2312 Muscatlne Avenue, Iowa City, Iowa, legalwdescnbed as follows:.
Commencing at a point 3.52 chains East 9( the southwest comer of the NW 1/4 of Sec.
13, Twp. 79 N., R. G West of the 5th P .M. the~e ast 269.2 feet thence north parallel with the
. west Une of said Sectlon 1321 feet, thence 0 westerly 269.8 feet to a point 1352 feet due
north of the beginning, thenee south 135 feet 0 the place of begInning, containing 8.25
. southwest comer of the saId NW 1/2/0f Section 3, thence north easterly to a point In the
north line of the tract above described, that is 19-1 2 feet easterly from the northwest comer
of said tract, thence northwesterly 1&.1/21get to ~ pint that (s 271 feat due north of point of
beginning, thence south to point OJ beginning, subje to the public highway off the south and
'thereof. /" '
The East 12 feat of the So~h 4181get of the folio ing described property: Beginning at
a poInt on 1he West line Ortha' /'NI1/2 of Sec. 13, Twp. 79 N. R. 6 Wast 01 the 5th P.M. sald
point being on the South Une of the right of way of th Chicago, Rock Is/and and Paclflc
. Railway, thence South 29.49' chaIns to the center of the BI mington Road; thence East along
's~d center of said road 3.,52 chains; thence North 28.49 c a1ns to the South fine of the ~ght
Otway 01 the Chicago Ro'ck Island and Pacific RallwaYi the ce west along safi:I rlg~t of way
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3.52 chalns to the placlI' of beginning. -
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EXCEPTING THEREFROM THE FOLLOWING:
Beginning at a pOint 33.0' North and 232.32' East of a Southwest comer of the
Northwest Quarter of Section 13, Township 79 North, Range e est of the 5th P.M., thence
East 100'. along said right 01 way; thence North 1156' East 100', thence West 100'; thence
South OC'S6' Wast 100' to the point of beginning; together with an asement for ingress and
egress over the following described proparty.
Beginning at, a point 33' North Bnd 332.32' East of the South corner 01 Northwest
Quarter of Section 13, TownShip 79 Northl Range 6 West of the 5th M'I thence East 30';
thence North ~56' East 130'; thence West 80'; thence South ()'lSS' West 30' to the N<lrth line
of the abOVIl described property; thence East 50' to the NE comer of the above desaibed
property; thenCe SOu1h 006$' West to the point of beginning.
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12/20/93 16:56 ~1 309 786 0463 SNYDER & SCmVARZ 444 EFC/T. REESE
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. ',' . ' ;. " 2, . Applicant Is contract purChaser and equRable tltle holder of the property. '
3.' AppliCant and Owner acknowledge that the City wishes to ensure appropriate commerelal
.' development adjacent 10 residential neighborhoods and adequate traffic circulation, end
.' therefore, agree to certain conditions over and above City regulations to lessan the impact of
, " , ',the commercial development on the area. ",""
',' ,3. In consideration of1hQ City's rezoning tho SUbject property from RFBH, esldentlal Factory
, Built Housing, to 00.2, Community Commercial, the Applicant and OWner gree that develop-
, ment and use of the subject property Will conform to the requirements f the CO.2 Zone, as
, 'well as the fo/lowlng additional condlUons: .
' a. . Appficant and OWner will grant acee~s e sments across the su Jeet property to owners
Of the James and Hansen properties provide access to Fi and Muscatine Avenues.
, b. The appncant will relOCate the curb anddriveV'ay on M tine Avenue to aIlgn with
Wade street, if and when the Jam property. to the west r dovelops.
. c.. Applicant and Owner will dedicate!an addiUonal71\2 feet right-of-way for First AlJenue
::.": ....:..and adartJorial7 feet of rlght-or.way for Muscatine Ave~ e. ,,','.. ,
. ;""d;" The Director of Planning and Co~munlty Develop~nt must approve a concept plan,
'-,;, ,. including building elelraUon drawl s and a landsca lng plan prior to s~e development
, . The concept plan shall include p visions for r,an caP& buffers between the prcposed
. developmentanCl the existing reside~iaJ develop ent to the north and east of the subject
. property. , . . .
e. Applicant and Owner Will establish pedestr) access easement adjacent to Ralston
, Creek. The parti~ shall determine the locajOn.Ofthe podestrlan acceS$ area at the time
. of concept plan approval. . .
1. The Applicant and Owner shall relocst e existlng storm sewer line located under this
. . property so that it does nol conflict wlttI any proposed structures. Applicant and OWner
. '.' . shall grant an easement over the relopt d line.
. 4. The Partiesscknowledge that the ApplJ~t as agreed to provide $25,000 for relocation
assistanca10r the current residents of the To crest Mobile Home Park and $45.000 for the
I .
, cost of upgradlngtha int\1l'Sectlon of 5rstand M eatlne. The Part/\1S funhar acknowledge that
if the City s_ tax abatement to APplicant for edevelopment 'of the subject property, the
Applicarit will provide reloCation ~si$tance not t exceed $67,000 at the completion of the
rezoning and wm provide $117,090 toward the co t of the intersection Improvements at the
.. , time the improvements oe~lJr. ,: ,
5. Applicant and Owner acknowledge that the cond ons contained hareln are reasonable .
. "conditions to impose on the ,land under Iowa Code 414.5 (1993), and that said conditions
. .. satisfy public needs which are dIrectly caused by the equested zonIng change. .
. ,.6. Applleant and Owner aCkn,owledge that in the ellent the subject property Is lraflsferfed. sold,
, '. .". redeveloped, or subdMded, all redelJelopment.wUl oonfo with the terms Gt this Agreement
. 7. The Parties acknowledge that this Agreement shall be doe ed to be a covenant running with
'the land and with lItIe to the land, and shall remain In f1.l force and effect as a covenant
running wi!h'lI1a title to the land unlCl$S or until released of rd by the City. 11'19 Partlos
further acknowledge that this Agreement shaJllnura to !h9 ban fit of and bind all su~rs,
representatives and.asslsn~ of the Parties.
a. 'the Applreant and ~er acknowledge that nothIng In this Agre 5nl shall be construed to
relieve the Applicant from complying with all applicable local, stat end federal regulations.
9. The Parties agre~lhat this CondfUonal Zoning Agreement S~aJl be In rporated by referanca
Into the OrdInance rezoning the subject property: and that upen ado ~n and publicatfon of
the OrdInance, thltl Agreement shall be recorded In the Johnson County Recorder's OffIce.
I
Oated thIs I day, of _ I 1993.
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/ On this' . " day of - I D., 1993, before me. the undersigned,
S' Notary PublIc Iii and for the State of 19Wal personally ap eared and
, to me personally known, who b 'n9 by me duly swam, acknoWledged
'. the ex~ol'l of this instrument to r the voluntary aot an voluntarily executed.
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12/20/93 16:57 ~1 309 786 0463
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A~~i::f . ":~ . '::'::':,,':'~:::f!:::t~~~'ri: \" , '.
:;:,'" ~ . By:" ,~:
\ , ':. carrel G. Courtney, Mayor
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SNYDER & SCHWARZ 444 EFC/T. REESE
-3+
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'<. ." ': Marian t( Karr. CIty Clerk,
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::" ':::",an~ Sales Co. 'Jne.
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T' "s1ATE'OF IOWA
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.'. appeared Oarrel G. Courtney and Marian K. Karr, to me personally known, 8!)d, who, b9i~(i'~y ':'~1.~~~:~~;;.~;
"me dUly sworn, dId say that they are the Mayor and City Clerk, respectlvely(ofthe Olty Of Iowa ::~J:/&~~!f
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. .': City, Iowa; that the seal affixed to the foregoing Instrument Is the ~rpcratlJ seal .Of'. ~ )~;:~~~f,~()~:(
:'. :"COI'pOratlon,'iind that the InsJrument was signed and saatod on beh~ of tho corpcratl~~, by,:;~,y~~:;:i;~~f,
>::;: authority of its Cily CounCll, ~ contained in ainance No. / passed by the ~lty ):.;~!'~1,~~\
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ORDINANCE NO.
94-3617
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY ESTABLISHING THE BROWN
STREET HISTORIC DISTRICT AS AN HISTORIC
PRESERVATION OVERLAY ZONE.
WHEREAS, the Iowa City Historic
Preservation Plan, contained in the
Comprehensive Plan of Iowa City / recommends
consideration of a Brown Street Historic
District; and
WHEREAS, the Iowa City Historic
Preservation Commission has completed a
study of the proposed Brown Street Historic
District and has found that the area is visually
and historically significant in the history of
Iowa City; and
WHEREAS, the Planning and Zoning
Commission has reviewed the proposed Brown
Street Historic District and has found that it
complies with the Comprehensive Plan, the
Zoning Ordinance and proposed public
improvements in the area; and
WHEREAS, the creation of the Brown Street
Historic District will help to preserve property
values and to preserve the historic and visual
character of the district for the enjoyment of
current and future residents of Iowa City.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. APPROVAL. The Brown Street
Historic District, legally described below and
illustrated on Exhibit A attached hereto and
incorporated by this reference, be established
as a Historic Preservation Overlay Zone.
An area containing the northern half of
Blocks 11, 12/ 32/ 33/ 52 and 53, Original
Town, Iowa City, lowa, as shown on a plat
recorded in the Johnson County Recorder's
Office in Book 1, Page 116 (hereinafter
said plat is referred to as "Original Town"l.
Block Outlots 13/ O.L. 16, O.L. 17 and
O.L. 1 B, all lots fronting Brown Street and
Linn Street on O.L. 19 of said Original
Town. Said area also containing all lots
except Lot 4 of the north half of Block 73/
Original Town, Said area also containing
Lots 1 through 14 Bella Vista Place.
Said area also to contain the east half of
Outlot 14 and the east 10 feet of the south
170 feel of the west half of Outlot 14,
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Ordinance No. 94-3617
Page 2
Original Town. Also including the south
100 feet by 160 feet of the west half of
Outlot 14, Original Town.
Said area also to contain the south half
of Outlot 15, except: Commencing 100
feet north of the southeast corner of Outlot
15/ in Iowa City, Iowa, according to the
recorded plat thereof/on the west side of
Dodge Street; thence west 60 feet; thence
north 70 feet; thence east 60 feet to the
west side of Dodge Street; thence south
70 feet to the place of beginning, Original
Town, Iowa City, Iowa.
Also including: The west 170 feet by
170 feet of Outlot 15 in Iowa City, lowa,
according to the recorded plat thereof; also
commencing at a point on the south line of
Section 3, Township 79 North, Range 6
West of the 5th P.M., which point is 150
feet west of the northeast corner of said
Outlot 15 in Iowa City, lowa, thence west
181 feet to a point 11 feet west of the
northwest corner of said Outlot 15/ thence
north 109 feet, thence northeasterly to a
point 122.5 feet north of the point of
beginning, thence south 122.5 feet to the
point of beginning, being a part of Lot 25 in
the subdivision of the southeast quarter of
Section 3, Township 79 North, Range 6
West of the 5th P.M., according to the plat
thereof recorded in Plat 800k 1, Page 1/
Plat Records of Johnson County, Iowa.
Also including: The following portion of
Lot 25 of the subdivision of the SEY4 of
Section 3, Township 79 North, Range 6
West of the 5th P.M. Commencing at a
point 11 feet west of the east line of
Johnson Street of the Original Town of
Iowa City / lowa, thence north parallel with
Johnson Street 109 feet, thence west 248
feet to a point on the west line of Lot 25/
thence south 109 feet, thence east along
the south line of said Lot 25/ 248 feet to
point of beginning.
SECTION II. ZONING MAP. The Building
Inspector is hereby authorized and directed to
change the Zoning Map of the City of Iowa
Clty, Iowa, to conform to this amendment upon
final passage, approval and pUblication of this
ordlnanca as provided by law.
SECTION III. REPEALER. All ordinances and
parts of ordinancas In conflict with the
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Ordinance No. 94-3617
Page 3
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, as provided
by law.
Passed and approved this 10th day of
May, 1994. ----
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MAYOR - - -J
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ATTEST:~ ~ ~
CITY CLERK
Approved by
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Ordinance No. 94- 3617
Page -1-
It was moved by 1'; gn~~ and seconded by Throgmorton
as read b~ adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
x Baker
x Horowitz
x Kubby
x Lehman
x Novick
x Pigott
x Throgmorton "
First Consideration
Vote for passage:
Lehman, Novi ck,
4/12/94
AYES: Throgmorton, Baker, Horowitz, Kubby,
Pigott. ABSENT: None. NAYS: None
Second Consideration 4/26/94
Vote for passage: AYES: Kubby, Lehman, Novic,k, Pigott, Throgmorton,
Bake~, Horowitz. NAYS: None ABSENT: None '
Date published 5/18/94
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ORDINANCE NO, 94-3618
AN ORDINANCE AMENDING ORDINANCE NO.
93-3577 AND THE ACCOMPANYING
CONDITIONAL ZONING AGREEMENT FOR A
71.05 ACRE TRACT KNOWN AS WILD PRAIRIE
ESTATES, LOCATED NORTH OF ROHRET
ROAD.
WHEREAS, on June 8, 1993/ the City
Council approved Ordinance No. 93.3577
(hereinafter "Ordinance"), rezoning an
approximately 71.05 acre tract, located north
of Rohret Road between Hunters Run and
Southwest Estates subdivisions, from ID.RS,
Interim Development Single-Family Residential,
to RS-5, Low Density Single-Family Residential;
and
WHEREAS, said Ordinance authorized
execution of a Conditional Zoning Agreement
between the City of Iowa City and Kennedy-
Hilgenberg Enterprises ("Owner"), which
Agreement limited development of the subject
property; and
WHEREAS, Condition 4.c. set forth in the
Conditional Zoning Agreement, recorded on
June 11/ 1993, in Book 1559, Page 103 of the
Johnson County Recorder's Office provides:
"No building permits for lots on the property
described above will be issued until the
upgrade of the Wests ide Trunk Sewer is
completed"; and
WHEREAS, conditions subsequently placed
on adjacent subdivisions provided that the City
would not issue building permits until the City
awarded the contract for the construction of
the upgrade rather than completion of the
Wests ide Trunk Sewer; and
WHEREAS, at its February 17, 1994/
meeting, the Planning and Zoning Commission
recommended approval of the proposed
amendment to Section 4.c. of the Conditional
Zoning Agreement between the City and the
Developer; and
WHEREAS, the City and Owner now wish to
amend to original Ordinance and Conditional
Zoning Agreement to make this agreement
consistent with conditions placed on other
developments.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. Ordinance No. 93-3577 and the
accompanying Conditional Zoning Agreement
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Ordinance No. 94-3618
Page 2
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are amended by deleting Section 4.c. of the
Agreement in its entirety and adopting, in lieu
thereof, the following:
c. No building permits for lots on the
property described above will be issued
until the City of Iowa City awards the
contract to construct the Westside Trunk
Sewer upgrade.
SECTION II. CERTIFICATION AND
RECORDING. The Mayor is hereby authorized
and directed to sign, and the City Clerk to
attest the Amended Conditional Zoning
Agreement between the City and the property
owners and to certify a copy of this Ordinance
and Amended Conditional Zoning Agreement
for recordation in the Johnson County
Recorder's Officer upon final passage and
publication as provided by law. The Ordinance
and Amended Conditional Zoning Agreement
shall be recorded in the Johnson County
Recorder's Office at the City/s expense.
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, as provided
by law,
Passed and approved this 10th day of
May, 1994. -
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Ordinance No. 94-3618
Page 3
It was moved by T,phmRn and seconded by Novick
as read be adopted, and upon roll call there were:
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that the Ordinance
AYES:
NAYS:
ABSENT:
y
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
x
x
x
x
x
x
First Consideration (./12/9'1
Vote for passage:AYEs: Pig.ott, Throgmorton, Baker, Horowitz,
Kllbby, Lehman, Novick, NAYS: None. ABSENT: None.
Second Consideration 4/26/94
Vote for passaQe: AYES: Horowitz, Kubby, Lehman, Novick,
Pigott~ Throgmorton. NAYES: None ABSENT: Baker' '.
Date published . 5/18/94
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AMENDED CONDITIONAL ZONING AGREEMENT
This Agreement is made by and between the City of Iowa City, lowa, a Municipal Corporation
(hereinafter "the City") and Kennedy-Hilgenberg Enterprises (hereinafter "Owner").
WHEREAS, Owner is legal title holder of property located north of Rohret Road between
Hunters Run and Southwest Estates subdivisions, known as Wild Prairie Estates, and legally
described on Exhibit A attached hereto; and
WHEREAS, on June 8, 1993, the City Council of Iowa City approved Ordinance No. 93-3577
(hereinafter "Ordinance") rezoning the approximate 71.05 acre tract of property, known as
Wild Prairie Estates, from ID-RS, Interim Development Single-Family Residential, to RS-5, Low
Density Single-Family Residential; and
WHEREAS, said Ordinance authorized execution of a Conditional Zoning Agreement between
the City and the Owner which limited development of the property; and
WHEREAS, said Ordinance and Agreement were recorded on June 11, 1993/ in Book 1559,
Page 103 of the Johnson County Recorder's Office; and
WHEREAS, Condition 4.c, set forth in the Agreement provides: "No building permits for lots
on the property described above will be issued until the upgrade of the Westside Trunk Sewer
is complete; and
WHEREAS, conditions subsequently placed on adjacent subdivisions provided that the City
would not issue building permits until the City awarded the contract for the construction of
the upgrade rather than completion of the Wests ide Trunk Sewer; and
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WHEREAS, the City and Owner now wish to amend the Conditional Zoning Agreement to
make conditions relating to the issuance of building permits consistent for all developments
in the area.
NOW, THEREFORE, THE CITY AND OWNER AGREE AS FOLLOWS:
1. The City and Owner acknowledge that Condition 4.c. of the original Conditional Zoning
Agreement is more restrictive than conditions placed on adjacent subdivisions, Hunters
Run and Southwest Estates.
2. The City and Owner now wish to amend the original Conditional Zoning Agreement for
Wild Prairie Estates so that it is consistent with conditions placed on those adjacent
subdivisions.
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3. The original Conditional Zoning Agreement dated June 8, 1993, and recorded in Book
1559, Page 103 of the Johnson County Recorder's Office shall be and is hereby
amended by deleting Section 4.c. of said Agreement in its entirety and inserting, in lieu
thereof, the following:
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c. No building permits for lots on the above described property will be issued until
the City of Iowa City awards the contract for construction of the Westside
Trunk Sewer Upgrade.
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4. The City and Owner acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code ~414.5 (1993) and are appropriate
conditions required to protect the public safety of both the residents in the area and
the community.
5. Owner acknowledges that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Agreement.
6. The City and Owner acknowledge that this Amended Conditional Zoning Agreement
shall be deemed to be a covenant running with the land and with the title to the land
and shall remain in full force and effect as a covenant running with the title tothe land, "
unless or until released of record by the City. The City and Owner further
acknowledge that this Agreement shall inure to the benefit of and bind all successors,
representatives and assigns of the City and Owner.
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7. Nothing in this Agreement shall be construed to relieve the Owner from complying with
all applicable local, state and federal regulations.
8. Nothing in this Amended Conditional Zoning Agreement in any way alters, amends or
modifies the original Conditional Zoning Agreement except as set forth above.
9. The City and Owner agree that the City shall record this Amended Conditional Zoning
Agreement in the Johnson County Recorder's Office.
Dated this ~ day of ~~
,1994.
KENNEDY-HILGENBERG ENTERPRISES
CITY OF IOWA CITY
By
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J.R. Kennedy -
Attest lJ1~ ~ !dvJ
Marian K. Karr/City Clerk
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STATE OF IOWA )
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JOHNSON COUNTY I
On this /r/lt day of , 19 91- / before mer Son~..a..<L
i='o...+- . , a otary Public in and for the State of Iowa, personally
appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contained in Ordinance No. <1't- ~h I '& adopted by the
City Council on the /0 fJ... day of '^~ / 19_3::L., and that Susan M... '
Horowitz and Marian K. Karr acknowledged 'the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
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Notary Public in and for the State of Iowa
STATE OF IOWA I
lss:
JOHNSON COUNTY I
On this 2L day of IIIAA,J. / 1994/ before mer the undersigned, a Notary Public in and for
the State of Iowa, personally appeared J.R. Kennedy, to me personally known, who being by
me duly sworn did say that he is a partner in Kennedy-Hilgenberg Enterprises executing the
within and foregoing instrument, that said instrument was signed on behalf of the partnership
by authority of its Partnership Agreement; and that J.R. Kennedy as partner acknowledged
the execution of the foregoing instrument to be the voluntary act and deed of the partnership,
by it and by him voluntarily executed.
STATE OF IOWA
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JOHNSON COUNTY
On this 5day of / 1994, before me, the undersigned, a Notary Public in and for
the State of Iowa, per onally appeared Jerry Hilgenberg, to me personally known, who being
by me duly sworn did say that he is a partner in Kennedy-Hilgenberg Enterprises executing the
within and foregoing instrument, that said instrument was signed on behalf of the partnership
by authority of its Partnership Agreement; and that Jerry Hilgenberg as partner acknowledged
the execution of the foregoing instrument to be the voluntary act and deed of the partnership,
by it and by him voluntarily executed,
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EXHIBIT A
Commencing at the Southwest Corner of Section 18, Township 79 North, Range 6 West of
the Fifth Principal Meridian; thence N 00053/42"E, 374.89 feet along the west line of the
Southwest Quarter of said Section 18 to a point on the centerline of Rohret Road and the
point of beginning. Thence NOoo53'42"E, 2265.59 feet along said west line, said line also
being the easterly line of Southwest Estates, Parts 1 through 4, to the Northwest Corner of
the Southwest Quarter of said Section 18; thence N01 o06'12"E, 616.40 feet along the west
line of the Northwest Quarter of said Section 18; thence S89023/40"E, 1541.02 feet; thence
SOOo 19'07"W, 595.28 feet to a point on the north line of Hunter's Run Subdivision; thence
S89047/32"W, 223.35 feet to the Northwesterly Corner of Hunter's Run Subdivision; thence
S01 o23'49"W, along the west line of Hunter's Run Subdivision 1961.15 feet to a point on
the centerline of Rohret Road; thence S77002/16"W, along said centerline 1197.92 feet;
thence southwesterly 152.43 feet along said centerline on a 1910.00 foot radius curvet
concave southeasterly, whose 152.36 foot chord bears S74045'07"W to the point of
beginning. Said tract of land contains 85.3 acres, more or less, and is subject to easements
and restrictions of record, and excluding the following:
Commencing at the Southwest Corner of Section 18/ Township 79 North, Range 6 West of
the Fifth Principal Meridian, thence NOoo53'42"E, along the west line of the Southwest
Quarter 374.89 feet to a point on the centerline of Rohret Road; thence Northeasterly 152.43
feet, along said centerline on a 1910.00 foot radius curve, concave southeasterly, whose
152.36 foot chord bears N74045'07"E; thence N77002'16"E, 221.44 feet along said
centerline to the point of beginning; thence N12057'44"W, 135.39 feet; thence
N020 17'44"W, 160.43 feet; thence NOoo53'42"E, 749.06 feet along a line parallel with the
west line of the Southwest Quarter; thence S89031 'OO"E, 675.85 feet; thence
S01023'49"W/ 412.19 feet; thence S24008'31"W, 147.59 feet; thence S13013'45"W,
1 09.04 feet; thence S01 o42'03"E, 1 09.1 0 feet; thence S12037'44"E, 141.231 feet to a
point on the centerline of Rohret Road; thence S77002/16"W, 606.75 feet along said
centerline to the point of beginning. Said tract of land contains 14.25 acres, more or less,
and is subject to easements and restrictions of record.
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MEMORANDUM
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Date: May 5, 1994
To: City Council
From: Karin Franklin, Director, Planning & Community Develo
David Schoon, Economic Development Coordinato
Re: Parking Facility Impact Fee Ordinance Amendments
HotellMotel Requirements
Mechanism of Annually Adjusting Fee
During the discussion of amending the parking facility impact fee ordinance to require new
commercial developments to pay an impact fee, staff noted two "house cleaning" issues that
should be addressed. The first issue is that the parking facility impact fee, as presently worded,
requires all new hotels/motels to pay an impact fee. That was not the original intent of the
ordinance. Secondly, staff recommends that a mechanism of annually adjusting the fee would
be beneficial.
Hotel/Motel Requirements
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The Iowa City Zoning Ordinance and Building Code both define hotels and motels as residential
uses, as is evidenced by the parking requirements of the Zoning Ordinance, Sec. 36-58(a) (See
attached). The parking facility impact fee as presently worded applies to all residential uses in
the Near Southside Neighborhood. When the parking facility impact fee ordinance was originally
written and adopted by City Council, it was not the intention to require hotels and motels to meet
the requirements of the parking impact fee ordinance, particularly if a hotel/motel furnishes the
required parking spaces
"by providing spaces within a publicly-owned parking facility located within 300 feet
of the hotel or motel, as specified by a written agreement between the owner of
the hotel and the owner of the parking facility..,"
The proposed ordinance amendment to See, 32.1-113 exempts hotelslmotels that enter into an
agreement for parking from having to meet the requirements of the parking facility impact fee'
ordinance. Hotels/motels which enter into such an agreement already pay an annual fee for the
spaces used in the municipal facility,
Hotels/motels that furnish the required parking spaces by meeting the other parking requirement
option (a hotellmotel use shall provide "one and one-quarter (11/4) parking spaces for each guest
unit on the same lot as the use served or within 300 feet") must still meet the requirements of the
parking impact fee ordinance. By not exempting hotelslmotels that select this option, the parking
facility impact fee ordinance prohibits a hotellmotel from providing more than 50% of its parking
requirement on site, thus requiring the centralization of parking in a municipal facility. The overall
intent of the proposed amendment is to require that all or a portion of the parking requirements
be provided in a central parking facility.
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Mechanism for Annuallv Adiustino Fee
As the ordinance is presently written, "the computation of the Parking Facility Impact Fee shall
be reviewed and amended, if necessary, by the City Council periodically to ensure accuracy of
the estimates and projects." The Council always has this discretion whether it is expressly stated
in the ordinance or not. Therefore, staff recommends that the ordinance be amended by
replacing this language with the proposed language in Sections 32.1-115 and 32.1-123. This
language establishes a mechanism so that the parking facility impact fee paid by fee payors
reflects current parking facility development costs for the year in which the fees are paid, and
Council action is not required annually to effect this change.
We will be present at your May 10, 1994, Council meeting to answer questions on this issue.
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Sec. 36-58. Off-street parking requirements.
When required or provided, off-street parking and stacking spaces, aisles and drives shall be
provided and maintained in compliance with the following requirements:
(a) Required number of off-street parkinq spaces. In all zones, except in the CB-10 zone
unless specifically required, there shall be provided prior to the occupation of a building
or commencement of a principal use a minimum number of off-street parking and stack-
ing spaces as follows:
Principal Use
Zone
Number of Spaces
...., (1) Residential uses.
a. Bed and breakfast
homestays
(Ord. #93-3588,
08-31-93)
Where permitted
Two (2) parking spaces in
addition to the spaces re-
quired for the dwelling unit.
b. Bed and breakfast inns, Where permitted
(Ord. #93-3588,
08-31-93)
Three (3) parking spaces in
addition to the spaces re-
quired for the dwelling unit.
c. Family care facility
-i' d. Hotels & motels
Where permitted
Four (4) parking spaces.
1. Where permitted
except CB-5 and
CB-10
One and one-quarter (1 %)
parking spaces for each
guest unit.
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2. CB-5 and CB-10
-
Parking spaces shall be fur-
nished by providing spaces
within a publicly-owned park-
ing facility located within 300
feet of the hotel or motel, as
specified by 'a written agree-
ment between the owner of
the hotel and the owner of
the parking facility; or one
and one-quarter (1 %) parking
spaces for each guest unit on
the same lot as the use
served or within 300 feet.
e. Mobile & modular
homes
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Two (2) parking spaces for
each home.
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 32.1/
IOWA CITY CODE OF ORDINANCES, A TICLE
VI, ENTITLED "PARKING FACILITY 1M ACT
FEE ORDINANCE" BY AMENDING SEC IONS
32.1-113/32.1-115, AND 32.1-123.
WHEREAS, the City has adopted th parking
facility impact fee ordinance to as ist in the
implementation of the Near Southside
Neighborhood redevelopment pia , and guide
the use and development of I nd so as to
assure that new residential dev lopment in the
Near Southside Neighbor ood bears a
roportionate share of th cost of capital
e penditures necessary to rovide parking in
th Near Southside Neigh orhood of Iowa City;
an
EREAS, the Cit finds it necessary to
expli 'tly state the r quirements of hotel and
motel development as they relate to the
parking facility im ct fee ordinance; and
WHER AS, th City finds it necessary to
establish mec anism in the parking facility
impact fee rdi ance to ensure that the parking
facility imp fee paid by fee payors reflects
current park' g facility development costs,
NOW, T R FORE, BE IT ORDAINED BY THE
CITY CO CIL F THE CITY OF IOWA CITY,
IOWA:
SECTIO I. AME MENT. That Chapter 31.2/
Iowa ity Code Ordinances, Article VI,
entitl d "Parking Facl(ty Impact Fee Ordinance"
is a ended by repea)'ng Sections 32.1-113/
32 1.115/ and 32.1-1 3/ and adding thereto
n w Sections 32.1-113, 32.1.115/ and 32.1-
23 to read as follows:
Section 32.1-113. Defin ions.
A. A "fee payor" is a perso applying for the
issuance of a building per it for residential
development in the N r Southside
Neighborhood.
B, A "capital improvement" in udes land
acquisition, site improvements, buildings
and equipment necessary for e erking
fecllity, but excludes meintenance end
operetion of such facility.
C. A "capital cost" shall also include the costs
of design, engineering, necessary
consultants and financing of a capital
improvement, inclUding debt service.
D. A "parking facility" Is a ramp, surface lot or
combination thereof, designed to
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Ordinance No.
Page 2
accommodate the off-street parking of
motor vehicles.
E. The "Near Southside Neighborhood" is that
area of Iowa City bounded by Burlington
Street on the north, Gilbert Street on the
east, the Iowa Interstate Railway Main Line
on the south, and Madison Street on the
west, and as defined in the Near Southside
Neighborhood Redevelopment Plan.
F. "Residential uses" and "residential
developmen ," for the purposes of this
ordinance, shall be defined as any
residential u es requiring parking per Sec
36-58(a) of he Zoning Ordinance, exce t
hotels and m tels that furnish the requ' ed
parking spac s within a publicly 0 ned
parking facilit as provided for in S c. 36-
58(a) of the Zing Ordinance.
Section 32,1-11, Computat~ of the
Amount of the Parki Facilit 1m act Fee.
A. The impact fee i posed by is ordinance
is based upon cur nt best timates of the
capital improve ent osts of the
construction of a ark' g facility In the
Near Southside Neig b rhood. Based upon
1992 architects' estl ates of construction
costs of $10,00 er parking space
co nstructed / d and costs of
approximately $ 6 per square foot, the
City Council inds th t such capital
improvement osts total I the amount of
at least $1 /000 per pa ing space in
1992.
B. The City ouncil further fin that given
current Department of Pia ning and
Progra Development estimat of new
reside tial development in t e Near
Sou side Neighborhood, and gl en the
Clt s ability to manipulate parking ystem
ra eSt monthly permit policies and on- treet
rking ordinances, the use of a pa ing
acility in the Near Southside Neighborh od
will be apportioned 331/3% to us {s
attributable to new residential developmen
in the Near Southside Neighborhood and
660/3% to users from other areas.
Based on the foregoing, the amount of the
parking fecility impact fee required by this
ordinance, in 1992 dollars, shall be $4,000
per parking space. The perking facility
impact fee shall be adjusted ennually
according to provisions of Section 32.1-
123.
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Ordinance No.
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D, In order that available land in the Near
Southside Neighborhood is intensively
used, and that a portion of residential
parking is combined in a parking facility.
rather than scattered throughout the Near
Southside Neighborhood, the Council find
that the parking facility impact fee shall e
paid in lieu of p~viding 50% of the par ng
spaces ot nvise required by the ning
Ordina e for residential uses,
E, The t tal parking facility im ct fee
require by this ordinance shall be
calculate by multiplying b 50% the
number f parking spac s otherwise
required Il the Zoning Ordinance for
residential ses, and ultiplying that
product by e per sp ce parking facility
impact fee a ount, s expressed in the
formula:
IRPS .5 x IF = TF
where RPS is th umber of parking spaces
otherwise requi d by the zoning ordinance
for residential u es, IF is the per space
parking facil' y in act fee, and TF is the
total parkin facilit impact fee required by
this ordin ceo
Section 3 .1-123, M cellaneous.
A. To ens re accurate stimates of current
parkin facility deve opment costs, the
amo nt of the parking facility impacts fee
req ired by the ordinan e shall be adjusted
a ually based on the ational historical
c st indexes contained i the most recent
dition of Means Squa e Foot Costs
manual.
The calculation of parking
fees and the receipt thereo by the City
shall be documented in a form r cord able in
the Office of the Johnson Count Recorder.
SECTION II. REPEALER. All ordina ces and
parts of ordinances in conflict w th the
provisions of this Ordinance are hsebY
repealed.
SECTION III. SEVERABILITY. If any secti Q.:
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.
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Ordinance No.
Page 4
SECTION IV. EFFECTIVE DATE. This
Ordinance shall be in effect after its final
passage, approval and publication, as provided
by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 32.1,
IOWA CITY CODE OF ORDINANCES, ARTICLE
VI, ENTITLED "PARKING FACILITY IMPACT
FEE ORDINANCE" BY AMENDING SECTIONS
32.'" 1 5 AND 32.1-123.
WHEREAS, the City has adopted the parking
facility impact fee ordinance to assist in the
implementation of the Near Souths ide
Neighborhood redevelopment plan, and guide
the use and development of land so as to
assure that new residential development i~nhe
Near So thside Neighborhood bears a
proportion te share of the cost of ca ita I
expenditur necessary to provide parki in
the Near So thside Neighborhood of low City;
and
WHEREAS, the City finds it nec sary to
establish a m hanism in the parki g facility
impact fee ordi nce to ensure that he parking
facility impact f paid by fee p ors reflects
current parking fa i1ity develop nt costs.
NOW, THEREFO E, BE IT OR AI NED BY THE
CITY COUNCIL OF HE CITY F IOWA CITY,
IOWA:
SECTION I. AMENDM NT. hat Chapter 31 .2,
Iowa City Code of rdi ances, Article VI,
entitled "Parking Facility pact Fee Ordinance"
is amended by repealing ctions 32.1- 1 1 5 and
32,1 - 123, and adding th reto new Sections
32.1- 115 and 32.1 - 1 3 to ead as follows:
Section 32.'" 1 5 Co utation of the
Amount of the Park' Facilit 1m act Fee.
A. The impact fe imposed b this ordinance
is based upon current best e timates of the
capital im rovement cos s of the
constructio of a parking fa 'lity in the
Near Sout side Neighborhood. sed upon
1992 arc itects' estimates of co truction
=
costs $ 1 0,000 per parking space
constr cted, and land cos of
appro Imatel'{ $16 per square foo the
City Council finds that such ca ital
imp~ vement costs total in the amount of
at east $ 12,000 per parking space I
1 92.
B. T. e City Council further finds that given
urrant Department of Planning and
Program Development astimates of new
residential devalopment in the Near
Southside Neighborhood, and given the
City/s ability to manipulate parking system
rates, monthly permit policies and on-street
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Ordinance No.
Page 2
parking ordinances, the use of a parking
facility in the Near Southside Neighborhood
will be apportioned 331/3% to users
attributable to new residential development
in the Near Southside Neighborhood and
660/3% to users from other areas.
C. Based on the foregoing, the amount of t e
parking facility impact fee required by is
ordinance, in 1992 dollars, shall be $4 00
per p 'fig space. The arkin cilit
im ac fee shall be ad'usted nnuall
accor'n to rovisions of Sect' n 32.1-
123.
=
D. In orde that available land n the Near
Southsi e Neighborhood i intensively
used, a d that a portio of residential
parking i combined in parking facility
rather tha scattered th oughout the Near
Southside eighborho / the Council finds
that the pa king facili impact fee shall be
paid in lieu f provid' g 50% of the parking
spaces oth rwise equired by the Zoning
Ordinance f r res' ential uses.
E. The total ar ng facility impact fee
required by his ordinance shall be
calculated b multiplying by 50% the
number of arking spaces otherwise
required b e Zoning Ordinance for
residential us / and multiplying that
product y the er space parking facility
impact ee amo nt, as expressed in the
formul:
IRPS x. x IF = TF
whe e RPS is the n mber of parking spaces
oth rwise required y the zoning ordinance
fo residential uses, IF is the per space
p rking facility impac fee, GYfF6fltl'l iA tAe
d TF is the total
parking facility impact ee required by this
ordinance,
Section 32.1-123.
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Ordinance No.
Page 3
edition of Means Sauare Foot Costs
manual.
B. The calculation of parking facility Impact
fees and the receipt thereof, by the City
shall be documented in a form recordable In
the Office ofthe Johnson County Recorder.
SECTION II. REPEALER. All ordinances and
parts of ordinances In conflict with the
provisions of t" Ordinance are hereby
repealad.
SECTION 111. SEV RABILlTY. If any sectio ,
provision or part f the Ordinance shall be
adjudged to be invali or unconstitutional such
adjudication shall no affect the validit of the
Ordinance as a whole or any section, rovision
or part thereof no adjudged nvalid or
unconstitutional.
SECTION IV. EFF CTIVE This
Ordinance shall be in effec after its final
passage, approval and p bli tion, as provided
by law.
Passed and approved t is
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MAYOR
ATTEST:
CITY C
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