HomeMy WebLinkAbout1994-11-22 Public hearing
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NOTICE OF PUBLIC HEARING
T
Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa,
at 7:30 p.m. on the 22nd day of November,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa, in
consideration of the following:
eP An Ordinance amending City Code Section
14-6E-7, Central Business Support Zone, to
regulate the location of parking spaces in
the CB-5 zone.
2. An application submitted by Dennis
Aussenhus on behalf of Hy-Vee Foods, Inc.
to rezone a 5.52 acre parcel located imme-
diately across from Stevens Drive east of
Waterfront Drive from CI-l to CC-2.
Copies of the proposed ordinance is on file for
public examination in the Office of the City
Clerk, Civic Center, Iowa City, Iowa. Persons
wishing to make their views known for Council
consideration are encouraged to appear at the
above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
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ORDINANCE NO.
ORDINANCE AMENDING TITLE 14, CHAPTER
6, ENTITLED "ZONING," CITY CODE. BY
REVISING ARTICLE E, ENTITLED "COMMER.
CIAL AND BUSINESS ZONES," SECTION 7.
ENTITLED "CENTRAL BUSINESS SUPPORT
ZONE ICB-5)," TO RESTRICT THE LOCATION
OF PARKING, DRIVEWAYS AND GARAGE
ENTRANCES, IN THE CB-5, CENTRAL BUSI-
NESS SUPPORT ZONE.
WHEREAS, the Central Business Support
Zone, CB-5, is intended to allow for an orderly
expansion of the City's Central 8usiness Dis.
trict, to provide for a relatively intense use of
land, and to enhance a pedestrian friendly
streets cape; and
WHEREAS, providing for the efficient use of
land and parking facilities in this area will allow
this type of development; and
WHEREAS, diminishing opportunities for
parking and access to parking along the street
level of buildings enhances the streets cape and
encourages commercial development of the
street level.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Chapter 6, enti-
tled "Zoning," Article E, entitled "Commercial
and Business Zones," Section 7, entitled "Cen-
tral Business Support Zone (CB-51," of the City
Code be hereby amended by:
a. Repealing "Design Provisions" in Sec.
tion 14-6E-7H2f. and adding a new
Section 14-6E- 7H2f to read as follows:
f. Areas of blank walls on the
street level frontage of e build-
ing shall be minimized. At least
forty percent (40%) of the
length of the street level front-
age shall be windows or door-
ways. At a minimum, every
twelve feet (12'1 in length of
wall shall be erticulated by a
window, doorway, setback,
artwork or change In building
material.
b. Repealing "Design Provisions" in Sec.
tion 14.6E- 7H2h and adding Section
14.6E-7H2h to reed as follows:
h. Driveways between a street
and parking aree shall be pro.
hibited.
c. Repealing "Design Provisions" in Sec-
tion 14.6E.7H21, end adding Section
14.6E.7H21 to read as follows:
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Ordinance No.
Page 2
i. If parking areas are provided on
the street level, they shall be
subordinate to a permitted use.
With the exception of approved
yards, a lot shall contain a
permitted use for a minimum of
the first thirty feet (30') of the
lot depth and a minimum of
fifty percent (50%) of lot area.
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions 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 unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approvai and publication, as provided by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
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City of Iowa City
MEMORANDUM
Date: September 29,1994
1.~Ji-
To: Planning & Zoning Commission
From: Karin Franklin, Director, Dept. of Planning & Community Develop
Re: Location of Parking in the CB-5 Zone
Recently the City Council and the Commission considered restrictions on the amount of residential
development allowable in the CB-5, Central Business Support, zone. The Commission rejected any such
amendment to the zone at this time. During the Council's discussion, the Chair of the Commission suggested
amending the allowable location of parking as a means to achieve the same end, that is, encourage more
commercial development in this zone and less residential development. An associated goal was to improve
the design of buildings by eliminating the option of garage doors at the front street level of the buildings.
The specific suggestion made by the Chair was to prohibit parking on the street level of buildings in the CB-5
zone. The Council denied the amendment related to restricting residential uses and referred to the
Commission the concept of prohibiting parking on the street level.
BackQround: The CB.5 zone requires that all parking be in a building or behind it so as not to be dominant
or visible from the street frontage, This is to encourage people activity at the street frontage of properties,
The zone presently permits parking at the street level provided at least 20% of the lot area and at least 30'
of the lot depth are consumed by commercial development, excluding approved driveways and yards.
Garage entrances are permitted. Each project is subject to site review by the Department of Planning to
ensure compliance with the stated intent of the zone. Only one project has been reviewed to date, Town
Centre on Linn Street which is completed,
Analysis: The proposal to prohibit parking on the street level floor would require that any parking provided
on-site be underground, be a surface lot behind the building, or be on an elevated floor. The last option can
be accomplished with some ease on lots that have the topographic relief and off-street access necessary
to allow vehicular entrance to a second floor. On a flat lot or a lot without alley access, this option is not
practical. There appears to be only one lot in the CB-5 zone that Gould use this option; a single lot on Gilbert
Street just south of the Quik-Trip.
Underground parking adds considerable expense to a project due to the need for ventilation and sprinkling.
However, on lots where there is an adequate change in grade, such as on the east side of Linn Street, sub-
street level parking off an alley is quite practical. Surface parking is not an efficient use of land in an area
targeted for higher density development, however surface lots are permitted now at the rear of buildings,
With the proposed prohibition on street level Interior parking, surface parking may be the only option on some
of the lots In the Near Southslde.
Staff Recommendation: The Council proposed requirements for parking and payment of a parking impact
fee interject a new element in )he decision of the private sector about whether to develop In the Near
Southside or not. Adding a prohibition on the location of that parking at the street level will add another
significant factor in this decision-making and further constrain the flexibility a developer has to work within
to build In this area. For these reasons, the staff cannot support the change proposed,
If the Commission does wish to pursue an amendment, the staff would recommend a change in the
percentage of commercial/office use required at the street level from 20% to 50% and retain the option of
placing some parking at the street level. Our concern is that development of the Near Southside not be so
encumbered as to lose the ability to fulfill the goal of the Near Southslde Planuto encourage the
redevelopment of this area to support and enhance the downtown.
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa,
at 7:30 p.m. on the 22nd day of November,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa, in
consideration of the following:
1. An Ordinance amending City Code Section
14-6E-7, Central Business Support Zone, to
regulate the location of parking spaces in
the CB-5 zone.
(j) An application submitted by Dennis
Aussenhus on behalf of Hy-Vee Foods, Inc.
to rezone a 5.52 acre parcel located imme-
diately across from Stevens Drive east of
Waterfront Drive from CI-l to CC-2.
Copies of the proposed ordinance is on file for
public examination in the Office of the City
Clerk, Civic Center, Iowa City, Iowa. Persons
wishing to make their views known for Council
consideration are encouraged to appear at the
above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
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Alternative Conditional Zoning Agreement
and Plan
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CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corpora-
tion (hereinafter "City"l, John and Frieda Rummelhart and Boyd and Rummelhart, Inc.
(hereinafter "Owners") and Hy-Vee Food Stores, Inc. Ihereinafter "Applicant").
WHEREAS, Applicant has contracted to purchase approximately 5,52 acres of land located
east of Waterfront Drive and the CRANDIC Railroad right-of-way, Iowa City, Iowa; and
WHEREAS, Applicant, as contract purchaser, and Owners, as legal title holder, have requested
the City rezone the 5.52 acres of land located east of Waterfront Drive and the CRANDIC
Railroad right-of-way, from CI-l, Intensive Commercial, to CC-2, Community Commercial; and
WHEREAS, Iowa Code ~ 414.5 (19931 provides that the City of Iowa City may impose
reasonable conditions on granting the rezoning request, over and above existing regulations,
to satisfy public needs directly caused by the requested change; and
WHEREAS, Owners and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure appropriate commercial development and ensure adequate traffic
circulation and adequate public infrastructure to accommodate community commercial
development.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Applicant
and Owners agree as follows:
1.
John and Frieda Rummelhart and Boyd and Rummelhart, Inc. are the owners and legal
title holders of the property located east of Waterfront Drive and the CRANDIC Railroad
right-of-way, legally described as follows:
A.
South Portion of Frieda & John Rummelhart Tract: Commencing at a
point which is N87029'40"E, 237.4 feet from the Southwest Corner of
the Southeast Quarter, Section 15, Township 79 North, Range 6 West
of the 5th P.M.; Thence N87038'40"E, 715.05 feet along the South
Line of said Southeast quarter; Thence NOOo 17'OO"W, 363.30 feet;
Thence S89043'OO"W, 166.00 feet; Thence NOOO 17'OO"W, 99.94
feet; Thence S89041'OO"W, 230.37 feet to the Point of Beginning;
Thence SOoo 17'OO"E, 84.90 feet; Thence S89041 'OO"W, 541.80 feet
to a point 14.00 feet normally distant frOm the Centerline of an existing
railroad track; thence N03 051 'OO"W, 85.00 feet to a point 14.00 feet
normally distant from said Centerline of railroad tracks; Thence
N89041'OO"E, 547.09 feet to the Point of Beginning, subject to
easements and restrictions of record.
B.
Former Lewis Tract: Commencing at the Southwest Corner of the
Southeast Quarter of Section 15, Township 79 North, Range 6 West of
the Fifth Principal Meridian; Thence N87029'40"E along the South Line
of the Southwest Quarter of the Southeast Quarter of said Section 15,
237.4 feet to the POINT OF BEGINNING; Thence N08055'45"W, 60.00
feet; Thence S87029'40"W, 10.00 feet; Thence N08055'45"W,
112.00 feet; Thence S87029'40"W, 90.00 feet to a point on the
Easterly Right-of-Way Line of Waterfront Drive; Thence N45038'50"W
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along the Easterly line of Waterfront Drive, 123.87 feet to a point on the
East Right-of-Way line of the C.R.1. & P.R,R.; Thence N04000'10"W
along said East Right-of-Way line 152.44 feet; Thence N89041 'OO"E,
542.14 feet to a point on the West Line of Boyrum Subdivision Part 2,
recorded in Plat book 24 at Page 12 in the office of the Johnson County
Recorder; Thence SOool7'OO"E along said West Line, 393.62 feet to
the Southwest Corner of Lot 1 of said Boyrum Subdivision, Part 2;
Thence S87029'40"W along the North Line of Block 5, Braverman
Center, Parts 1 and 2, recorded in Plat Book 8 at Page 69 in the Office
of the Johnson County Recorder, 318.68 feet to the Point of Beginning.
and
Commencing at a point on the east line of the public highway known as
the Wapello Road, said point being 137.4 feet east and 112 feet
northerly measured along the east line of said road from the Southwest
corner of the Southeast Quarter of Section 15, Township 79 North,
Range 6 West of the 5th P.M., thence east parallel with the South line
of Section 15, 90 feet, thence in a northerly direction parallel with the
East line of said Wapello Road, 60 feet, thence West parallel with the
South line of said Section 15, 90 feet to the East line of said Wapello
Road, thence in a Southerly direction along the East line of said road 60
feet to the place of beginning.
C.
Former Baculis Tracts: Commencing at a P9int on the east line of the
public highway known as the Wapello Road, said point, being 137.4 feet
east and 60 feet northerly measured along the east line of said road,
from the southwest corner of the southeast quarter of Section 15,
Township 79 North, Range 6 West of the 5th P.M., running thence
northerly along the east line of said Wapello Road, 52 feet, thence east
parallel with the south line of said Section 15, 90 feet, thence southerly
parallel with the east line of said Wapello Road, 52 feet, thence westerly
to the point of beginning.
and
Commencing at a point on the south line of section fifteen (151 in
township seventy-nine (79) north, range six (6) west of the 5th P.M.,
said point being on the east side of the public highway known as the
Wapello Road and being 137.4 feet east of the southwest corner of the
southeast quarter of said section 15, (said corner being marked by a
stonel, thence east along the south line of said section 100 feet, thence
in a northwesterly direction parallel with the east line of said Wapello
Road, 60 feet, thence west 100 feet to the east line of said Wapello
Road, thence in a southeasterly direction along the east line of said
Wapello Road 60 feet, more or less, to the point of beginning.
Applicant and Owners acknowledge that the City wishes to ensure appropriate com-
mercial development and adequate traffic circulation, and therefore, agree to certain
conditions over and above City regulations to ensure that the area contains adequate
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public infrastructure and traffic improvements to accommodate community commercial
development.
3. In consideration of the City's rezoning the subject property from CI-1, Intensive
Commercial, to CC-2, Community Commercial, the Owners and Applicant agree that
development and use of the subject property will conform to the requirements of the
CC-2 Zone, as well as the following additional conditions:
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a. Waterfront Drive will be reconfigured and Stevens Drive will be extended across
the railroad to provide access to the property from the west, in accord with
plans and specifications approved by the Iowa City Public Works Department,
and the applicant will be responsible for the cost of the Stevens Drive railroad
crossing improvements in conformance with said plans. This crossing is to be
a public right-of-way. The City agrees to make a good faith effort to secure all
necessary permits and authorizations for construction and operation of same.
b.
The applicant will dedicate additional land to the City to allow the reconfigura-
tion of Waterfront Drive. In accord with Plans and Specifications approved by
the Iowa City Public Works Department, the applicant will be responsible for
the costs of reconfiguring and improving the portion of Waterfront Drive located
between the CRANDIC Railroad right-of-way and the subject property, inclusive
of the newly dedicated portion, as generally depicted on Exhibit A attached
hereto and incorporated herein.
o
c. The Director of Planning and Community Development will approve a concept
plan for site layout and landscaping; including driveway locations, landscape,
islands, and plantings for the separation of the loading dock/service area from
any public or employee parking areas.
d.
The applicant will be responsible for the relocation of the sanitary sewer line (if
a building is sited over or within 10 feet of same) which currently crosses this
property, in accord with plans and specifications approved by the Iowa City
Public Works Department.
e.
The applicant will contribute to the cost of improving Waterfront Drive to the
south of the site, in accord with plans and specifications prepared by the Iowa
City Public Works Department at either 50% of the total cost, or $60,000,
whichever is less. It is understood that storm water from the rezoned parcel
can be discharged into these improvements.
Applicant and Owners acknowledge that the conditions contained herein are reason-
able conditions to impose on the land under Iowa Code ~ 414.5 (19931, and that said
conditions satisfy public needs which are directly caused by the requested zoning
change.
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Applicant and Owners acknowledge that in the event the subject property is trans-
ferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms
of this Agreement.
The Parties acknowledge that this 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 running with the title to the land unless or until released of record by the
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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. The Applicant and Owners acknowledge that nothing in this Agreement shall be
construed to relieve the Applicant from complying with all 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.
Dated this
day of
,1994.
.
CITY OF IOWA CITY, IOWA
By:
Susan M. Horowitz, Mayor
By:
Marian K. Karr, City Clerk
OWNER
By:
John and Frieda Rummelhart
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STATE OF IOWA )
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JOHNSON COUNTY I
On this _ day of , 1994, 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 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 the corporation by
authority of its Board of Directors; and that as officer acknowledged
the execution of the foregoing instrument to be the voluntary act and deed of the corporation,
by it and by him\her voluntarily executed.
.
Notary Public in and for the State of Iowa
STATE OF I
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COUNTY I
On this day of , 1994, 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 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 the corporation by
authority of its Board of Directors; and that as officer acknowledged
the execution of the foregoing instrument to be the voluntary act and deed of the corporation,
by it and by him\her voluntarily executed.
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STATE OF IOWA I
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On this
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, 1994, before me,
, a Notary 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. passed by the
City Council on the day of , 1994, 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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PORTION OF WAT~RFRONT DRIV~ I
TO BE RECONSTRiCTED BY AP?lCA~~...~J
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and Plan
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CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corpora-
tion (hereinafter "City"), John and Frieda Rummelhart and Boyd and Rummelhart, Inc.
(hereinafter "Owners") and Hy-Vee Food Stores, Inc. (hereinafter "Applicant").
WHEREAS, Applicant has contracted to purchase approximately 5.52 acres of land located
east of Waterfront Drive and the CRANDIC Railroad right-of-way, Iowa City, Iowa; and
.I :
WHEREAS, Applicant, as contract purchaser, and Owners, as legal title holder, have requested
the City rezone the 5.52 acres of land located east of Waterfront Drive and the CRANDIC
Railroad right-of-way, from CI-1, Intensive Commercial, to CC-2, Community Commercial; and
WHEREAS, Iowa Code ~ 414.5 (1993) provides that the City of Iowa City may impose
reasonable conditions on granting the rezoning request, over and above existing regulations,
to satisfy public needs directly caused by the requested change; and
WHEREAS, Owners and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure appropriate commercial development and ensure adequate traffic
circulation and adequate public infrastructure to accommodate community commercial
development.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Applicant
and Owners agree as follows:
1. John and Frieda Rummelhart and Boyd and Rummelhart, Inc. are the owners and legal
title holders of the property located east of Waterfront Drive and the CRANDIC Railroad
right-of-way, legally described as follows:
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A. South Portion of Frieda & John Rummelhart Tract: Commencing at a
point which is N87029'40"E, 237.4 feet from the Southwest Corner of
the Southeast Quarter, Section 15, Township 79 North, Range 6 West
of the 5th P.M.; Thence N87038'40"E, 715.05 feet along the South
Line of said Southeast quarter; Thence NOOo 17'00"W, 363.30 feet;
Thence S89043'00"W, 166.00 feet; Thence NOOo 17'00"W, 99.94
feet; Thence S89041'OO"W, 230.37 feet to the Point of Beginning;
Thence SOOo 17'00"E, 84.90 feet; Thence S89041'OO"W, 541.80 feet
to a point 14.00 feet normally distant from the Centerline of an existing
railroad track; thence N03051'OO"W, 85.00 feet to a point 14.00 feet
normally distant from said Centerli~e of railroad tracks; Thence
N89041'OO"E, 547.09 feet to the Point of Beginning, subject to
easements and restrictions of record.
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B. Former Lewis Tract: Commencing at'the Southwest Corner of the
Southeast Quarter of Section 15, Township 79 North, Range 6 West of
the Fifth Principal Meridian; Thence N87029'40"E along the South Line
of the Southwest Quarter of the Southeast Quarter of said Section 15,
237.4 feet to the POINT OF BEGINNING; Thence N08055'45"W, 60,00
feet; Thence S87029'40"W, 10.00 feet; Thence N08055'45"W,
112.00 feet; Thence S87029'40"W, 90,00 feet to a point on the
Easterly Right-of-Way Line of Waterfront Drive; Thence N45 038'50"W
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Applicant and Owners acknowledge that the City wishes to ensure appropriate com-
mercial development and adequate traffic circulation, and therefore, agree to certain
conditions over and above City regulations to ensure that the area contains adequate
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along the Easterly line of Waterfront Drive, 123.87 feet to a point on the
East Right-of-Way line of the C.R.I. & P.R.R.; Thence N0400Q'10"W
along said East Right-of-Way line 152.44 feet; Thence N89041'OO"E,
542.14 feet to a point on the West Line of Boyrum Subdivision Part 2,
recorded in Plat book 24 at Page 12 in the office of the Johnson County
Recorder; Thence SOOo 17'00"E along said West Line, 393.62 feet to
the Southwest Corner of Lot 1 of said Boyrum Subdivision, Part 2;
Thence S87029'40"W along the North Line of Block 5, Braverman
Center, Parts 1 and 2, recorded in Plat Book 8 at Page 69 in the Office
of the Johnson County Recorder, 318.68 feet to the Point of Beginning.
.
and
Commencing at a point on the east line of the public highway known as
the Wapello Road, said point being 137.4 feet east and 112 feet
northerly measured along the east line of said road from the Southwest
corner of the Southeast Quarter of Section 15, Township 79 North,
Range 6 West of the 5th P.M., thence east parallel with the South line
of Section 15, 90 feet, thence in a northerly direction parallel with the
East line of said Wapello Road, 60 feet, thence West parallel with the
South line of said Section 15, 90 feet to the East line of said Wapello
Road, thence in a Southerly direction along the East line of said road 60
feet to the place of beginning,
C.
Former Baculis Tracts: Commencing at a point on the east line of the
public highway known as the Wapello Road, said point, being 137.4 feet
east and 60 feet northerly measured along the east line of said road,
from the southwest corner of the southeast quarter of Section 15,
Township 79 North, Range 6 West of the 5th P.M., running thence
northerly along the east line of said Wapello Road, 52 feet, thence east
parallel with the south line of said Section 15, 90 feet, thence southerly
parallel with the east line of said Wapello Road, 52 feet, thence westerly
to the point of beginning.
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Commencing at a point on the south line of section fifteen (151 in
township seventy-nine (79) north, range six (6) west of the 5th P.M.,
said point being on the east side of the public highway known as the
Wapello Road and being 137.4 feet east of the southwest corner of the
southeast quarter of said section 15, (said corner being marked by a
stone), thence east along the south line of said section 100 feet, thence
in a northwesterly direction parallel with the east line of said Wapello
Road, 60 feet, thence west 100 feet to the east line of said Wapello
Road, thence in a southeasterly direction along the east line of said
Wapello Road 60 feet, more or less, to the point of beginning.
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public infrastructure and traffic improvements to accommodate community commercial
development.
3. In consideration of the City's rezoning the subject property from CI-1, Intensive
Commercial, to CC-2, Community Commercial, the Owners and Applicant agree that
development and use of the subject property will conform to the requirements of the
CC-2 Zone, as well as the fOllowing additional conditions:
a. Waterfront Drive will be reconfigured and Stevens Drive will be extended across
the railroad to provide access to the property from the west, in accord with
plans and specifications approved by the Iowa City Public Works Department,
and the applicant will be responsible for the cost of the Stevens Drive railroad
crossing improvements in conformance with said plans. This crossing is to be
a public right-of-way. The City agrees to make a good faith effort to secure all
necessary permits and authorizations for construction and operation of same.
b. The Director of Planning and Community Development will approve a concept
plan for site layout and landscaping; including driveway locations, landscape,
islands, and plantings for the separation of the loading dock/service area from
any public or employee parking areas.
c.
The applicant will be responsible for the relocation of the sanitary sewer line (if
a building is sited over or within 10 feet of same) which currently crosses this
property, in accord with plans and specifications approved by the Iowa City
Public Works Department.
10
d. The applicant will contribute to the cost of improving Waterfront Drive to the
south of the site, in accord with plans and specifications prepared by th,e Iowa
City Public Works Department at either 50% of the total cost, or $60,000,
whichever is less. It is understood that storm water from the rezoned parcel
can be discharged into these improvements.
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The City agrees to initiate the vacation of a section of existing Waterfront Drive
to eliminate a through public street and its associated liabilities. The applicant
and owner will have the right of first refusal to purchase the vacated right-of-
way and adjacent City property for cash or other valuable consideration as
approved by the City Council.
"
4. Applicant and Owners acknowledge that the conditions contained herein are reason-
able 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 requested zoning
change.
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Applicant and Owners acknowledge that in the event the subject property is trans-
ferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms
of this Agreement.
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The Parties acknowledge that this 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 running with the title to the land unless or until released of record by the
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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. The Applicant and Owners acknowledge that nothing in this Agreement shall be
construed to relieve the Applicant from complying with all 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.
Dated this
day of
CITY OF IOWA CITY, IOWA
By:
Susan M. Horowitz, Mayor
By:
Marian K. Karr, City Clerk
OWNER
By:
John, and Frieda Rummelhart
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Boyd and Rummelhart, Inc.
John Rummelhart, Jr., President
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APPLICANT
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Hy-Vee Food Stores, Inc.
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STATE OF IOWA )
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JOHNSON COUNTY I
On this _ day of , 1994, 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 helshe 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 the corporation by
authority of its Board of Directors; and that as officer acknowledged
the execution of the foregoing instrument to be the voluntary act and deed of the corporation,
by it and by himlher voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF I
) ss:
COUNTY )
On this day of , 1994, 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 helshe 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 the corporation by
authority of its Board of Directors; and that as officer acknowledged
the execution of the foregoing instrument to be the voluntary act and deed of the corporation,
by it and by himlher voluntarily executed.
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Notary Public in and for the State of Iowa
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On this day of , 1994, before me,
, a Notary 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. passed by the
City Council on the day of , 1994, 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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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa,
at 7:30 p.m. on the 8th day of November,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa, in
consideration of the following:
1. An Ordinance amending City Code Section
14-6E-2, Neighborhood Commercial Zone,
to allow restaurants as provisional uses or
by special exception with specific restric-
tions, and car washes by special exception
t.;\~ith specific restrictions.
~n ordinance vacating a portion of Water-
front Drive located southeast of the
CRANDIC Railroad right-of-way.
3. An ordinance amending City Code Sections
14-6B-2, 14-6E-B, 14-6E- 7 and 14-6E-6 to
permit restaurant carry-out uses in the CB-
10, CB-5 and CB-2 zones.
Copies of the proposed ordinances are on file
for public examination in the Office of the City
Clerk, Civic Center, Iowa City, Iowa. Persons
wishing to make their views known for Council
consideration are encouraged to appear at the
above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
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ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF
WATERFRONT DRIVE LOCATED SOUTHEAST
OF THE CRANDIC RAILROAD RIGHT-OF-WAY.
WHEREAS, the City of Iowa City is consider-
ing the rezoning of property located east of the
Crandic Railroad right-of-way from Intensive
Commercial, CI-l, to Community Commercial,
CC-2, to allow the development of a retail
center; and
WHEREAS, the proposed rezoning and retail
development in this area will result in an in-
crease in traffic on Stevens Drive and Water-
front Drive; and
WHEREAS, in order to help ensure efficient
and safe traffic circulation in this area it is
necessary to reconfigure portions of Stevens
Drive and Waterfront Drive; and
WHEREAS, said reconfiguration requires the
vacation of a portion of Waterfront Drive.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. V ACA TION. Subject to retention
of a utility easement over the sanitary sewer
line located in the right-of-way, retention of
easements over other utilities located in the
right-of-way, and the establishment of a tempo-
rary publiC access easement over the property
between the eastern terminus of Stevens Drive
and the northern terminus of Waterfront Drive
until the time Southgate Avenue is constructed
between Waterfront Drive and Gilbert Street,
the City of Iowa City hereby vacates the por-
tion of Waterfront Drive legally described as
follows:
Commencing at the Southwest Corner
of the Southeast Quarter of Section 15,
Township 79 North, Range 6 West, of
the Fifth Principal Meridian; Thence
N87029'40"E, IA RECORDED BEAR-
ING), 70.98 feet, to a point on the
Southwesterly Right-of-Way Line of
Waterfront Drive, and the Point of
Beginning; Thence N08055'45"E, along
said Southwesterly Right-of-Wey Line,
142.67 feet; Thence N45038'50"W,
along seid Southwesterly Right-of-Way
Line, 18.72 feet, to its intersection
with the Easterly Right-of-Way Line, of
the Cedar Rapids and Iowa City Rail-
way Company; Thence N070 14'26"W,
along said Easterly Right-of-Way Line,
1 06,24 feet, to its Intersection with the
Easterly Right-of-Way Line of Water-
front Drive as shown on the Plat of
Survey, recorded in Plat Book 12, at
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Ordinance No.
Page 2
Page 14 of the Records of the Johnson
County Recorder's Office; Thence
S45038'50"E, along said Westerly
Line, 123.87 feet, Thence
S08055'45"E, along said Easterly
Right-of-Way Line, 172.00 feet;
Thence S87029'40"W, 66.42 feet, to
the Point of Beginning. Said Parcel of
Land contains 15,089 square feet,
more or less, and is subject to ease-
ments and restrictions of record,
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions 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 whoie or any section, provision
or part thereof not adjudged invalid or unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance 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 VACATING A PORTION OF
WATERFRONT DRIVE LOCATED SOUTHEAS
OFTHE CRANDIC RAILROAD RIGHT-OF-W .
WHEREAS, the City of Iowa City is co sider-
ing the rezoning of property located ea6t of the
Crandic Railroad right-of-way from/Intensive
ommercial, CI-l, to Community;Commercial,
C-2, to allow the developm tit of a retail
ce ter; and
HEREAS, the proposed ezoning and retail
creas in traffic on Stev. ns Drive and Water-
front ive; and
WHE AS, in ord~ to help ensure efficient
and safe traffic c~.culation in this area it is
necessary 0 rec nfigure portions of Stevens
Drive and ter ront Drive; and
WHEREAS, aid reconfiguration requires the
vacation of rtion of Waterfront Drive.
NOW, TH RE ORE, BE IT ORDAINED BY THE
CITY CO, 'elL THE CITY OF IOWA CITY,
IOWA, T. AT:
SECTI I. V ACA ION. Subject to retention
of a i1ity easemen over the sanitary sewer
line ocated in the ri t.of-way, retention of
ea ments over other tilities located in the
ri t-of-way, and the est Iishment of a tempo-
r ry public access easeme t over the property
etween the eastern term in of Stevens Drive
and the northern terminus of Waterfront Drive
until the time Southgate Aven is constructed
between Waterfront Drive and i1bert Street,
the City of Iowa City hereby vac tes the por-
tion of Waterfront Drive legally scribed as
follows:
Commoncing at the Southwe t Corner
of the Southeast Quarter of See on 15,
Township 79 North, Range 6 W st, of
the Fifth Principal Meridian; TH nee
N87029'40"E, (A RECORDED BE R-
ING), 70.98 feet, to a point on t e
Southwesterly Right-of-Way Line 0
Waterfront Drive, and the Point of
Beginning; Thence N08055'45"E, along
said Southwesterly Right-of-Way Line,
142.67 feet; Thence N45038'50"W,
along said Southwesterly Right-of-Way
Line, 18.72 feet, to its intersection
with the Easterly Right-of-Way Line, of
the Cedar Rapids and Iowa City Rail-
way Company; Thence N070 14'26"W,
along said Easterly Right-of-Way Line,
1 06.24 feet, to its intersection with the
Eesterly Right-of-Way Line of Water-
front Drive as shown on the Plet of
Survey, recorded In Plat Book 12, at
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Ordinance No.
Page 2
Page 14 of the Records of the Johnson
County Recorder's Office; Thence
S45038'50"E, along said Westerly
Line, 123.87 feet, Thence
S08055'45"E, along said Easterly
Right-of-Way Line, 172.00 feet;
Thence SB7029'40"W, 66.42 feet, to
the Point of Beginning. Said Parcel of
land contains 15,089 square feet,
more or less, and is subject to ease-
ments and restrictions of record.
S CTION II. REPEALER. All ordinances a
pa s of ordinances in conflict with the pr vi-
sion of this Ordinance are hereby repea d.
SEC ON III. SEVERABILITY. If any ection,
provisl n or part of the Ordinance shall be
adjudge to be invalid or unconstitu onal, such
adjudicat on shall not affect the v. Iidity of the
Ordinance as a whole or any se ion, provision
or part ther of not adjudged in lid or unconsti-
tutional.
SECTION IV. EFFECTIVE ATE. This Ordi-
nance shall be 'n effect a er its final passage,
approval and pu Iication as provided by law.
Passed and ap rove this
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council' of Iowa City,
Iowa. at 7:30 p.m. on the 5th day of July,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
C)iCh hearing the Council will consider:
1. An amendment to the Comprehensive Plan
to change the land use map designation of
property located east of Harlocke Street
from 1 6.24 dwelling units per acre to 2.8
dwelling units per acre.
2. An amendment to the Comprehensive Plan
to change the land use map designation of
property located on the north side of High-
wa'/ 1 West from 8-16 dwelling units per
ac~e to 2.8 dwelling units per acre.
3. An ordinance amending the Zoning Ordi-
nance by changing the use regulations of
approximately 4 acres of land. known as
the Jensen tract, located east of Harlocke
Street from RM-44 to RS-5.
4. A.1 ordinance amending the Zoning Ordi-
nance by changing the use regulations of
an approximate 11.5 acre tract of land,
k~own as the Ruppert tract, located gener-
all'l north of Highway 1 West from AM-44
to RS-8.
5. A~ ordinance amending the Zoning Ordi-
nance by changing the use regulations of
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an acoroxlmate 2 acre tract of land locat-
ed ;e~erally on the east and west sides of
Har~cc(e Street from RM-44 to AS-5.
6. A~ or~inance amending Chapter 36 of the
C;:ce of Ordinances of the City of Iowa
Ci:"/. Iowa, entitled "Zoning" to permit
b~ilcil1g contractor facilities in the CC-2
zone ':Jy special exception.
7. A ~esolution to annex land in the vicinity
of :~e intersection of Mormon Trek BCl:le-
'13r: and Highway 1 and to annex land
nC:::~'oVest of the intersection.
8. A~ cr:!inance amending the Zoning Or::1i-
na~ce by changing the use regulations for
property located in the vicinit'{ of the Mor-
mcn Trek Boulevard/Highway 1 intersec-
tion from County A I to Cl,l and land
nor:hwest of the intersection from County
RIA :0 CO-1.
9. An ordinance amending the Zoning Orci-
nance by changing the use regulations of
a ,oroperty located at 402 S. Linn Street
from PAM to CB,5,
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RESOLUTION NO.
RESOLUTION AMENDING THE COMPREHENSIVE PLAN BY CHANGING THE
LAND USE MAP DESIGNATION OF PROPERTY LOCATED EAST OF HARLOCKE
STREET FROM 16-24 DWELLING UNITS PER ACRE TO 2-8 DWELLING UNITS
PER ACRE.
WHEREAS, the City's Comprehensive Plan is a statement of goals and policies for the
community; and
WHEREAS, to be an effective guide for a vital community, the Plan is flexible and amendable
within the context of set goals and objectives described within the Plan; and
WHEREAS, the City Council, fOllowing public hearing, has made the fOllowing findings:
A.
Portions of the vacant properties located east of Harlocke Street and known as the
Jensen tract are designated for 16-24 dwelling units per acre.
Due to the topography of the area and increased vehicular congestion in the immediate
area, development at a density of 16-24 units per acre would be inappropriate and may
have negative effects on adjacent properties.
B.
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Designating the subject properties for development at 2-8 dwelling units per acre
recognizes the topographic and vehicular access limitations of the area.
WHEREAS, based upon the preceding findings, the City Council of Iowa City determines that
changing the land use map designation of property located east of Harlocke Street, known as
the Jensen tract, from 16-24 dwelling units per acre to 2-8 dwelling units per acre falls within
the context of the goals and objectives of the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Comprehensive Plan Land Use Map is hereby amended by changing the land use
map designation of property located east of Harlocke Street, known as the Jensen
tract, from 16-24 dwelling units per acre, to 2-8 dwelling units per acre.
Passed and approved this
day of
,1994.
MAYOR
ATTEST:
CITY CLERK
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p.m. on the 5th day of July,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. An amendment to the Comprehensive Plan
to change the land use map designation of
property located east of Harlocke Street
from 1 6-24 dwelling units per acre to 2.8
(!)dWelling units per acre. '
2. An amendment to the Comprehensive Plan
to change the land use map designation of
property located on the north side of High- '
way 1 West from B-16 dwelling units per
acre to 2-8 dwelling units per acre.
3. An ordinance amending the Zoning Ordi-
nance by changing the use regulations o'f
approximately 4 acres of land, known as
the Jensen tract, located east of Harlocke
Street from RM-44 to RS-5.
4. An ordinance amending the Zoning Ordi-
nance by changing the use regulations of
an approximate 11.5 acre tract of land,
known as the Ruppert tract, located gener-
ally north of Highway 1 West from RM.44
to RS.B.
5, An ordinance amending the Zoning Ordi-
nance by changing the use regulations of
anaporoximate 2 acre tract of land locat-
ed ;er.erally on the east and west sides of
Harlccke Street from RM.44 to RS-5.
6. An ordinance amending Chapter 36 of the
Code of Ordinances of the City of Iowa
Cit'l. Iowa, entitled .Zoning" to permit
building contractor facilities in the CC-2
zone by special exception.
7, A resolution to annex land in the vicinity
of :he intersection of Mormon Trek 80ule-
vard and Highway 1 and to annex land
nor:hwest of the intersection.
B. An ordinance amending the Zoning Ordi-
nance by changing the use regulations for
property located in the vicinity of the Mor.
mon Trek 80ulevard/Highway 1 intersec-
tion from County A 1 to CI.l and land
northwest of the intersection from County
R1A to CO-l, '
9. An ordinance amending the Zoning Ordi-
nance by changing the use regulations of
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from PRM to CB.5,
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RESOLUTION NO.
RESOLUTION AMENDING THE COMPREHENSIVE PLAN BY CHANGING THE
LAND USE MAP DESIGNATION OF PROPERTY LOCATED NORTH OF
HIGHWAY 1 WEST FROM 8.16 DWELLING UNITS PER ACRE TO 2.8
DWELLING UNITS PER ACRE.
WHEREAS, the City's Comprehensive Plan is a statement of goals and policies for the
community; and
WHEREAS, to be an effective guide for a vital community, the Plan is flexible and amendable
within the context of set goals and objectives described within the Plan; and
WHEREAS, the City Council, following public hearing, has made the following findings:
A. Portions of the vacant properties located north of Highway 1 West and known as the
Ruppert tract are designated for 8-16 dwelling units per acre.
B. Due to the topography of the area and increased vehicular congestion in the immediate
area, development at a density of 8-16 units per acre would be inappropriate and may
have negative effects on adjacent properties.
C. Designating the subject properties for development at 2-8 dwelling units per acre
recognizes the topographic and vehicular access limitations of the area.
WHEREAS, based upon the preceding findings, the City Council of Iowa City determines that
changing the land use map designation of property located north of Highway 1, known as the
Ruppert tract, from 8-16 dwelling units per acre to 2-8 dwelling units per acre falls within the
context of the goals and objectives of the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Comprehensive Plan Land Use Map is hereby amended by changing the land use
map designation of property located north of Highway 1, known as the Ruppert tract, from
8-16 dwelling units per acre, to 2-8 dwelling units per acre.
Passed and approved this
day of
,1994.
MAYOR
ATTEST:
CITY CLERK
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City, ',/
Iowa, at 7:30 p.m. on the 5th day of July,
1994. in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at ~{; ,
which hearing the Council will consider:
1. An amendment to the Comprehensive Plan
to change the land use map designation of 1tl~
property located east of Harlocke Street
from 1 6-24 dwelling units per acre to 2-8 /
dwelling units per acre.
2. An a~endment to the Comprehensive Plan
to change the land use map designation of ~!'Sd
property located on the north side of High- ~
way 1 West from 8-16 dwelling units per q}L3
o ac~e to 2-8 dwelling units per acre.
3. An ordinance amending the Zoning Ordi- ~
nar.ce by changing the use regulations of
approximately 4 acres of land. known as q!J-1
the Jensen tract. located east of Harlocke
S\~eet from RM.44 to RS-5. ~
4. An ordinance amending the Zoning Ordi-
nar.ce by changing the use regulations of wid
an approximate 11.5 acre tract of land, 0
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known as the Ruppert tract, located gener'
all,! north of Highway 1 West from RM.44 Il/J-d.-
to ilS-B.
5. An ordinance amending the Zoning Ordi-
nar.ce by changing the use regulations of
an aporoximate 2 acre tract of land locat' -
ec ;er-erally on the east ?nd west sides of rcr )yuA1- -Iv
Har:ocice Street from RM.44 to RS.S.
~ 6. An ordinance amending Chapter 36 of the
( Coce of Ordinances of the City of Iowa f +-2-
\ Ci~/. Iowa. entitled 'Zoning' to permit
b~i1ding contractor facilities in the CC.2
,.;J zor.e by special exception.
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7. A ~esolution to annex land in the vicinity
of :he intersection of Mormon Trek Boule-
var: and Highway 1 and to annex lar.d
ncr:."west of the intersection,
B. A~ orainanceamending the Zoning Orci-
nar.ce by changing the use regulations for
property located in the vicinity of the Mor-
mon Trek Boulevard/Highway 1 intersec,
I tion from County A 1 to CI.1 and land
f no~hwest of the intersection from County
'R1A to COoL ~
J 9. An ordinance amending the Zoning Ordi-
nar.ce by changing the use regulations of I
''I a property located at 402 S, Linn Street
J from PRM to CB.5.
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE
REGULATIONS OF AN APPROXIMATE FOUR
ACRE TRACT OF LAND LOCATED EAST OF
HARLOCKE STREET, GENERALLY KNOWN AS
THE JENSEN TRACT, IOWA CITY, IOWA,
FROM RM-44, HIGH DENSITY MULTI-FAMILY
RESIDENTIAL, TO RS-5, LOW DENSITY SINGLE
FAMILY RESIDENTIAL.
WHEREAS, the Planning and Zoning
Commission has studied the subject area; and
WHEREAS, the Commission has found that
the existing RM-44 zoning is inappropriate due
to the rugged topography and increased
vehicular congestion in the area; and
WHEREAS, the Commission has
recommended that the subject area be rezoned
from RM-44, High Density Multi-Family
Residential, to RS-5, Low Density Single Family
Residential.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. That the property
described below is hereby reclassified from its
present classification of RM-44, High Density
Multi-Family Residential, to RS-5, Low Density
Single Family Residential:
Lot 25, Weeber's Third Addition to Iowa
City, Iowa, according to the recorded plat
thereof, and generally known as the
Jensen tract.
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 as provided by law.
SECTION III. CERTIFICATION AND
RECORDING. The City Clerk is hereby
authorized and directed to certify a copy of this
Ordinance which shall be recorded by the
owner at the Office of the County Recorder of
Johnson County, Iowa, upon final passage and
publication as provided by law.
SECTION IV. REPEALER. All ordinances and
parts of ordinances in conflict with the
provision of this Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section,
provision or part of this 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
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Ordinance No.
Page 2
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 required
by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
It was moved by and seconded by
adopted, and upon roll call there were:
that the Ordinance as read be
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AYES:
NAYS:
A8SENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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First Consideration
Vote for passage:
Second Consideration
Vote for passage:
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p.m. on the 5th day of July,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. An amendment to the Comprehensive Plan
to change the land use map designation of
property located east of Harlocke Street
from 16-24 dwelling units per acre to 2-8
dwelling units per acre. '
2. An amendment to the Comprehensive Plan
to change the land use map designation of
property located on the north side of High-
way 1 West from 8-16 dwelling units per
acre to 2-8 dwelling units per acre.
3. An ordinance amending the Zoning Ordi-
nance by changing the use regulations' of
approximately 4 acres of land, known as
the Jensen tract, located east of Harlocke
e Street from AM-44 to RS-5.
4. An ordinance amending the Zoning Ordi-
nance by changing the use regulations of
an approximate 11.5 acre tract of land,
known as the Auppert tract, located gener-
all'/ north of Highway 1 West from RM.44
to AS-S.
5. An ordinance amending the Zoning Ordi-
nance by changing the use regulations of
an apcroximate 2 acre tract of land locat-
ed generally on the east and west sides of
Harlocice Street from AM-44 to RS,5.
6. An ordinance amending Chapter 36 of the
Code of Ordinances of the City of Iowa
CiW. Iowa, entitled "Zoning" to permit
building contractor facilities in the CC,2
zone ':Jy special exception.
7. A resolution to annex land in the vicinity
of :he intersection of Mormon Trek Boule-
vard and Highway 1 and to annex land
nor:hwest of the intersection.
B. An ordinance amending the Zoning Ordi-
nance, by changing the use regulations for
property located in the vicinity of the Mor-
mon Trek Boulevard!Highway 1 Intersec-
tion from County A 1 to CI-l and land
northwest of the intersection from County
R1A to CO.l.
9. An ordinance amending the Zoning OrdI-
nance by changing the use regulations of
a property located at 402 S. Linn Street
from PRM to CB-5.
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE
REGULATIONS OF AN APPROXIMATE ELEVEN
AND ONE-HALF ACRE TRACT OF LAND
LOCATED GENERALLY NORTH OF HIGHWAY
1 WEST, GENERALLY KNOWN AS THE
RUPPERT TRACT, IOWA CITY, IOWA, FROM
RM-44, HIGH DENSITY MULTI-FAMilY
RESIDENTIAL, TO RS-8, A MEDIUM DENSITY
SINGLE FAMilY RESIDENTIAL ZONE.
WHEREAS, the Planning and Zoning
Commission has studied the subject area; and
WHEREAS, the Commission has found that
the existing RM-44 zoning is inappropriate due
to the rugged topography and vehicular
congestion in the immediate area; and
WHEREAS, the Commission has
recommended that the subject area be rezoned
from RM-44 to RS-8.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. That the property
described below is hereby reclassified from its
present classification of RM-44, High Density
Multi-Family Residential, to RS-8, Medium
Density Single Family Residential:
Beginning at the northwest corner of the
northeast quarter of the southwest quarter
of Section 16, Township 79 North, Range
6 West, of the Fifth Principal Meridian,
Iowa City, Johnson County, Iowa; thence
South 1050'30" West, 493.80 feet to the
point of beginning; thence South
89044'56" East, 553.65 feet; thence
South 89059'59" East, 421,42 feet;
thence South 0000'01" West to a point on
the northwesterly right-of-way line of Iowa
Primary Road 1; thence South 71035'52"
West, 704.0 feet; thence ,South
57055'37" West, 369.85 feet; thence
North 006'7" East, 468.10 feet; thence
North 0013'5" East, 161.77 feet to the
point of beginning, and generally known as
the Ruppert tract.
SECTION II. ZONING MAP. The Building
Inspector is hereby authorized and directed to
change the zoning map of tha City of Iowa
City, Iowa, to conform to this amendment upon
the final passage, approval and publication of
this Ordinance as provided by law.
SECTION III. CERTIFICATION AND
RECORDING. The City Clark Is hereby
authorized and directed to certify a copy of this
Ordinance which shall be recorded by the
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Ordinance No.
Page 2
owner at the Office of the County Recorder of
Johnson County, Iowa, upon final passage and
publication as provided by law.
SECTION IV. REPEALER. All ordinances and
parts of ordinances in conflict with the
provision of this Ordinance are hereby repealed,
SECTION V. SEVERABILITY. If any section,
provision or part of this 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 required
by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
,
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It was moved by and seconded by
adopted, and upon roll call there were:
that the Ordinance as read be
AYES:
NAYS:
ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p.m. on the 5th day 01 July,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. An amendment to the Comprehensive Plan
to change the land use map designation 01
property located east of Harlocke Street
from 16-24 dwelling units per acre to 2-8
dwelling units per acre.
2. An ar.-;endment to the Comprehensive Plan
to change the land use map designation of
property located on the north side of High-
way 1 West from 8-16 dwelling units per
acre to 2-8 dwelling units per acre.
3. An ordinance amending the Zoning OrdI-
nance by changing the use regulations of
approximately 4 acres of land, known as
the Jensen tract, located east of Harlocke
Street from RM-44 to RS-5.
4. An ordinance amending the Zoning Ordi-
nar.ce by changing the use regulations of
an approximate 11.5 acre tract of land,
known as the Ruppert tract, located gener-
ally north of Highway 1 West from RM-44
[.) to RS-8.
5. An ordinance amending the Zoning Ordi-
nar.ce by changing the use regulations 01
an 3ccroximate 2 acre tract of land locat-
ed ;e~era"y on the east and west sides of
Har'ocice Street from RM-44 to RS.6.
6. An ordinance amending Chapter 36 of the
Code of Ordinances of the City of Iowa
City. Iowa, entitled "Zoning" to permit
builcing contractor facilities in the CC.2
zor.e by special exception,
7. A resolution to annex land in the vicinity
of :~e intersection of Mormon Trek Boule-
var:: and Highway 1 and to annex land
nor::1west of the intersection.
8. An or::inance amending the Zoning Ordi.
nance by Changing the use regulations for
prcper:y located in the vicinity 01 the Mor-
mon Trek Boulevard/Highway 1 intersec-
tion from County A 1 to CI-l and land
nor.hwest of the intersection from County
R1A to CO.l.
9. An ordinance amending the Zoning Ordi-
nance by changing the use regulations of
a property located at 402 S. Linn Street
from PRM to CB.5.
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE
REGULATIONS OF AN APPROXIMATE TWO
ACRE TRACT OF LAND GENERALLY LOCATED
ON THE WEST SIDE OF HARLOCKE STREET,
IOWA CITY, IOWA, FROM RM.44, HIGH
DENSITY MUL TI.FAMIL Y RESIDENTIAL, TO RS-
5, A LOW DENSITY SINGLE FAMILY
RESIDENTIAL ZONE.
WHEREAS, the Planning and Zoning
Commission has studied the subject area; and
WHEREAS, the Commission has found that
the existing RM-44 zoning is inappropriate
because traffic from the subject area travels
through a neighboring low density single-family
neighborhood; and
WHEREAS, the Commission has
recommended that the subject area be rezoned
from RM.44, High Density Multi-Family
Residential, to RS-5, Low Density Single Family
Residential:
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. That the property
described below is hereby reclassified from its
present classification of RM-44, High Density
Multi-Family Residential, to RS.5, Low Density
Single Family Residential. '
Lots 20, 21, 22, 23 and 24, Weeber's
Third Addition to Iowa City, Iowa,
according to the recorded plat thereof.
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 as prOVided by law.
SECTION III. CERTIFICATION AND
RECORDING. The City Clerk is hereby
authorized and directed to certify a copy of this
Ordinance which shall be recorded by the
owner at the Office of the County Recorder of
Johnson County, Iowa, upon final passage and
publication as provided by law.
SECTION IV. REPEALER. All ordinances and
perts of ordinances in conflict with the
provision of this Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section,
provision or part of this Ordinance shell be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
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Ordinance No.
Page 2
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 required
by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
7-/~(N
It was moved by and seconded by
adopted, and upon roll call there were:
that the Ordinance as read be
AYES:
NAYS:
A8SENT:
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8aker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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First Consideration
Vote for passage:
,
Second Consideration
Vote for' passage:
Date published
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