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HomeMy WebLinkAbout1994-11-22 Public hearing ...'"" l2rD','".,. ,',,;..:~;':' \,~ " .:~\). , " , '''~. (1 .~.~'.' C,~'\ \ (19 ! I i ~ i : I ! I , , , , I If.: ,I I , \v). '~i1..' "YJ :~..;~.".'.~:' ~'l~ l_.~ <t '. .',= '.:';: ~':, ,~" .' , ': ':, ,;.:~t \ ~\! i ,', , ,",'''1' .' :!,/'".. '. .. I. ". .1".. - I . .'~' "'" ...' .':. .' :.,. ~.._,_..:.;.._';,~,~:~~~~.~.:-'-,... .,:-"_~..;~u~i-~~,,;;~"-:-.:,;u.~'"~,~~I~,~',.w,\'..~~L~~"~;,;..:~...;::",;;",;"~"","_""",,,,'i:... ''''.''"''~'1';'~''''\';'\''1J,.''-o,:~,-"-~,,,.;.,"~~...L~___~,...~__._ .. ~.- T~. " , " ~1~~ "\"""" ,. .or.' . '1 r/, ..., ,'~ ,"I 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 ppdadmln\ccll.22,nph '~2" '~;-:-:l' . ''c,' '0' ,,',', ',';'. .,'~' ':',:>:\ , , , -iiW-- - . " f. Ict. .,;',':,', ' ,~~;.., , "~"'" ..::1 . ,~ ' '" , .,": ,...".',', " ~'t,\ , \ . ',\II,!, r", ".. '.""".;.',"",'. OA"., ,..., ,....'.:...._..~:..:;~'....,~.~__"_. /" .....,-~~ , c...' c';'<\ . \.. """,'i K~( I' } n I :1 i i' I'. 1:/. 11 II: i I I I r" I.' " I l'; ~..;;~;.'; '. ,< v_..':';,' 'jj , k (~~,~ c __0 .~. /', , " i' . . " ' , " " . .. -- " .',., '..:'". '._,.....,..._~..~",~...."....." "'" ~.:o"," ,.. ',l:~~f.'..:..""',.:'.t.:,... :-;.a.....1 ~'.......i..." co...'.- '" ':, ~,: :',.',;"." ,'..,' '.:'- ,CJ .,,:.,:", ,;&c."', ,'~',., ,-,,-, ,...."... ..-". ,..... "M" _,__. .' ., ~1'3 L,"', ,~ r" \. 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: ... .'_ ':~'o,['l)'}' .,..-'"".."<',",..,,,..,... ~ , ~~ . I I i ,I' '. ~ \ " I i{l c .. i , , , D, ,..'" "..,:::.:,' " ,I,' ~!. . '" ;~'~. '...'.... I ,....."":........--: .,( " C-"\ \. \., " .' '.i'!.. .~ ,,~----;l .- ~ t. " I"~, ,~.. I i' 'I" il i I I I i I : I [ r:;, i I. ,I I i)" d~.% ' ~"....~ , , 1/ ., I ' , .:./ (0 ,. , '..,.., , , , ~ .., " ;~>" , ~ ,.t ',\ !:. '.. -, .'.. '.' ':.':".. ..., ".,:, " , . 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 '. ,,' I'~.'O)):," . 1 ~.r.---. :.-::: :'1. ';".',~'..'.-i '.," ",;"". ~", '-"',,,....,.~_,..~~.. " f" , .-, ,,'," "..~.,.. ' \ I ~1~3 I""" It.., ,./ .,) ,~~",~~~:.j .....~ [ '';':., \ \ \ '\ 1 \'" >j r,7!",' " \, . ;. ' j I.. rl '.'" I i : : I J ~.)J.... )?f j:4,~,," ;,;~~ '["'. j,' ~,~,lr~~. ...... ~co ~- bc3.1 r1 ~'l1~ 11\ I,.'~ 10, , , , . '~f" I ~ " , ~' . ,~-- ' 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. --- " 0_ 1, I~ ,. f" ~ II i ~ ;, . ., ...,.,-'. 1,\ ' . , '. :'~t \\"1 : . ",'I r'" . ,.' .~'. , " ' .. . ,. . " ~ .,.. '. "'" '. . , . . ',' , ' . . ' .. " ., " ,..,'___"~......:.'...:...,~"'\J..'..';.i.l:'=~':"'~~.-."~...;.~;..,::~G:...:.;",_:,~~"~~,,,:,..........:::,;".o.,,~~__\., .:':, ".;,~.;:~..;.;,,~~..r..';':,~:~~ .'.:.' .", '.--J.'~;" ,~-,-...,,~~~.~........~~____, , ~ ',-,,:':., -~' "";M'~" ... .'.'f,.'.', .,-,,. .._-~." " . " , ~~. 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 , '. ! Q ppdadmln\ec11.22.nph ,r h, \,J~ \ r~ i I ! ~ I : I , I II II~\ it, ~J ~." t., I. i\ [, ~1'Lt (I; '" $~\ 1 Id. ,.',."Jy.'...'." , i"~ 'I " " ,J i, ..' ~'I ", .." - .;- .' . :~I~I~_ I J. :( o~ o .,,~..::-' , , "'i: ; l~.' . ;;m~'. ,,', ~ ~/ '.i,' ," ,..,' .",.', ," . ", ',: ,"., :~'::'~~'~.\,i,,~' I'"..,: . . , ;, ,'.: . .,..:,;" ,,~ ': ' I~' , . ; .' , ; , , Alternative Conditional Zoning Agreement and Plan -0 II Ii \ ! , , I II I I, I ill IJ:, I \ l ! ~j ! ~\o ..' L ,~ '!~~ ". . 0 . .. -. ~~ . , .- ---' ~-- !...,....).....'..:...."."..' "-,' ,", ", ",;" '~ ............., ";,'0, . ,'i> .' I "' _ . ,.,.."" ,.,;',.,:..',.: " I. . ".1 . I '. ~' '.,;" t ~ I I I I .!, " '~ . , .' , I' ~. r~; , f?:l ~ '1 ft Ll. ~il; , , ~fk. ,.',. .'," ,,'... . ". ,. [."~"~I' 0', ,,", ;,-1.~ ',' ,11. ,.., " ,; :mrJin' .?,,,,.. ( .' , ..~~ ,.-,.-co\ \ \ I \. ,~~j r;.:;:.,;.~ : \ , , j . I I I, I I' i I , I . I , . , , if, II' ; I J \\,> ~,....../ , ), \'~I' ~[: ,~} . ,.,r-,\\!l" ....... (-- , 0 ii", ~~__ ~ D. I ~ ~ Iii I ' t~ ~~ 11 if ~:I' ff. f ~i~ ,IT ~ji.~i'. ;'VJ: 4 :1 'I(J, '~i:!!: ,,' I ;~I' ,:''1.' n,-; I";,,q' 1"iF .)\\1,: "1.-, ,:~\ i~liJ' ~1 , L\ 1':(~~' .".\.,~ ; I"\;'~" I.'. '"." r..~;J'I" ..r;;, [J ~' ,...I- .' " , , ': . . A'II' ',': , , .' . ~ ", . : ,.~......._l..,.~, "',','._.'u,."...',,...'.. ,'..,' 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 .. ..... ." , 0' ), -_.~- =-- , f" - }~: , r L ,.-'-""" \ \ \ I, ~ ,( . I' H i I I , I , , i I i ,~:; I! " ~~ [iif; . ! A ~~~ r.'\i~ u Co 2. 1-' j " ~t :" 'I,. ~ " . .~' ~ '. , "..~...~/.--: - 2 . 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 -- ~~ ~ ~w' ~ : --, ).". O ,', ',':, ",>,',' f" .. ,- '-"'-'" ~. r \' t. ~. !i ~l [:~ ~,f, ,;tf., ".if. 1'/1J ~~~ 'I '"~~ :"~'. till ~;\\: [:'I.~l" .,/,-: ,..~. f'i", ('T-I,~, j,!:~~ Ir,:,~~~: r:~r' 'M(' /,~'~i I.,m. [,:ii~! t:.:.tJ.' ~!;'"~:. i<<~1 T',t.. :' " 0 " ",I .' - "1'~ ,~~ ",' , , -" .' .. , ". . I ',\ ~, \ . .. \ '" . , :~ ~ ';"."", "-' '..'.",. ,'~',:" .-', - 3 - 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: " ;,~ 5. ~ , }j 6. 1,\ " '\ ~ ", 4. 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 $60,000, whichever is less. It is understood that storm water from the rezoned parcel can be discharged into these improvements. Applicant and Owners acknowledge that the conditions contained herein are reason- able conditions to impose on the land under Iowa Code ~ 414.5 (19931, and that said conditions satisfy public needs which are directly caused by the requested zoning change. ~ ~~. ~1 WI ~;~l '( ;~ ~1'1J. I;im , ~i I " r." , ~," Applicant and Owners acknowledge that in the event the subject property is trans- ferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. The Parties acknowledge that this Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the IlJ .G_ - ./J!lII., - .-- r:~_ - - )<, 0 - " ~1~4.\ r , ~' ,. '... I~ '" J '. .' ;!1$b'1: '.'::.. '.~r\: " " -,\1.'1 ,. , " .,:...:';' .' ~ , ;'. 1 ""." . ~'..'''_~4_,_._.:..~i.:_~':' . .. ", '" ' .,,-, ,.',' _. .....:.:.._..;~ '.,'_ ;"",-",,,," .~".~ """."Z:.~~',.'....>> ;.~:..,~',.> '"C'';'''.l',',;,,'"'-''C' ,~........""~~ ~.~ .,_"~.UA_ ".. _, ~'<, _v'" .", - 4 - 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 ( .~ " r--" \ \ By: Boyd and Rummelhart, Inc. John Rummelhart, Jr., President ~ roC" ,-, APPLICANT ~ By: Hy-Vee Food Stores, Inc. II~ J j 1\, F ti; fJ L 0 >- ",~ ....~-, ,- : ,', -- ).'.';'..,.d..'.. " 0." " ,'.- ..,' :,':" ,\:::-,., ~, ,.",,:.,' " ,"", " A .._._, I f" I IG \, 10, ,. J'r;ctni' l"l .'~~: \'j '.": , , , , '..,." "':.'..'; ..~".~.~-,/--~ _".' __"........."'..~...~..~... .._'":,,,,,"..."'..',~'__1 " ~..C"',,..,~~:,. - 5- STATE OF IOWA ) I ss: 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 I ss: 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. .r [--.\ \ \ Notary Public in and for the State of Iowa STATE OF IOWA I I ss: JOHNSON COUNTY) ..... '->"-~ 1/,....... , , ' r ' 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. ., I II , I : I : I , I I ~: I" i i ~ \ :--~,-..j. ,. ,) Notary Public in and for the State of Iowa ,.~' ~~, t': ,~t ~~; ppdodminlrumolhr1,CllJ ~~L\ c--. ': 0 "~,,' --- ,~. jl1~--' _~ ~ _ -_ o ):: , f" '. I ~ . lID ~ I I il j: , ~; " ~, !' " i.1, i\j '(!- ~~~' r~l p.i', 0~ I,':], ,<, ," \",~J' ',"l . i;'~;J! ' '," \ 1.11 '''''" 'IF);,. .\:,i , "'~' 1\'\' I "~ " is, 0, ;f13l;'1il: r .~ ( \ '... .,,-,. (,.:or" , ' Ii I I I ! ;~, . . , I : I ::,1 \i II' l. ( . , , ~~ , ". -II I ,\,,', . , 1 " . ,:~ \ , . , , \ \ . , , \ \ , , , \ \ , , . ~\ ,.\ -\\ III' ~\ ;t, -\: 01 ,,\ , , I __-I , , , .. , ., " , ." , ., I .. \ -' I" \ .' \ .. ,'r', \ <.t> ,~ ' , .. '6 , , ~..l .. [ , , , ~ STEVENS , , -- ..., '--, ---1 , --- --, - .-- -- - -I , - -~. --, -- ..., , -----j -----1 , ___--I , -----I - - --I , , I I ~ ~ ~ ~1 ~ J . ~ J . ~. :~- , , , I PORTION OF WAT~RFRONT DRIV~ I TO BE RECONSTRiCTED BY AP?lCA~~...~J . 1- ,- -- -{ Exhibit A ~-- , :~-_ 0') :T o . ~' , 10 ~ ~ I f f' ,: ~J. il,. ~, l,~ t1 ~:~ t~'.I', ..' " ;;\ "f. :::JJ I';i'}l ,"~ I:::;; ,,'.., ,:,a~ ;t1 ~L\i\;~t $'$!,~I I -'"3 . -, ~o .: :':: ;', '~ ~'.,'..i" "" ' ie. -.-~ . ,~~. ' . " ~,," \ ' , '..,. ~ , : ./,~ ;'. " " '~t '. ' .-~ '.\1.:\'" " .. , '.. ."i , . ,.,': ~ \: . :;.-.~ : ,':. ',.':,,; ,',-,:,.:.:.~,..:;_"~;',~ ;._~:~;',~~:"~.'....,...,,-,-.,-:.w,;;:"\__~,,,'.:.:.~~~~;..'-~'Z"~;~'<:;~:.'< "~~l:.L',:; ;;,:~:,::~-:::.t ::;i,,~,,:. J:L:..; I ~'.'::J,':<2;~ ,; '.::- ~.,::,~: :....'-. '. Original Conditional Zoning Agreement and Plan --,~. :~ " ',.,.,.'. "':'j".)')) ...." ,', ",Q::,:",:.:" ,:),:~",,", ~ ~,4 ,--"..../,-" rTr A '~' , ., , ,"' '. i';" ',", :" ,,: _, '-.:,~ ..",L:'.:~' J::;:,:l,'-~;''''-'l.'. t ,r~;-,!t _'_",:. I' 'I"). \;I ,,! ~1' <<; ",'" ,..,.......'''..'.1: ,', t:. i" ..) I 0, ,. ,'1JiimJ ': " ;"1 'I': , .,.n", '., ' ", .. ". . '~' "", , , 1 " "''1' . '.' . ~-' ~ ' . , . . ,...' ..__..~>""'J,_,_, ,u,..', ;,., ,....., ,,~,~" ,..,,"~~_,'_'.,\.. ~. ._"..',,1, """'-' .".""'_'.':..".,_'..__,..,~,...,.~."., " ~1'\L\ , 1'-' /S 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: ,,..-:-'_-i ( c'~c'\ \ ,,;-~ r+-1'.'. ! ' \ , , , , , " 1 r ~ I i I 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. I , i l ! ~) I 1.'" ' J) ~..~; ,I' ./ 1.' ":'I'~"'.:' '-', , ~;~ i:{ ~ . (.' ~ f- .~ .' I,.'" " -.......... 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 ,tt~!""'1J." i 0 \1" , ~--, ,----- -- ---,----- 11 -~~ - )'."...'..' 0,., _):' M..u."A'WN~~~-=~ r I .!' I !~.'f".: i:~ ';'~ ~)l.,.; (i~I.\' 11)1- l\;~;;' t,'.,.-, ' l".~;;. ' ''rv,t.;' ,": .., ~ [{'iJ:: ".'!~' 1 ;'~'~ ~ (i1J:}.: r"1D, 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 . ,;:;Bi-j"~; 1'1 , . "-tl'i '. ';":, \ " . , , ',', _ ,.,. ~'. " . ....."..=:1...._ ..~....,........",'''___".,'."'''''--'.'.,'''".,,,..,.'_....r..'_.. .,.. ',.. .'"." . 2 . 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. ,-~ i, r }'.' (~ ,,:~ f, ) , , 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 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. " i i i , I I i , I , I i f';, ' ; l i ~ 2. ~. . ii' I ~Ii ~ L'!'l"'~ r, "1'1 ! ...-'l :f[~ .~ ~ nu ,- ~ ) , 0 0., --------" .d- . "\' f" ., ~ i I ~" ~t f~ I\j ~.J I f"" ~1 '\1.\ (Iiil.') t"" i,f oIi,-/", ""1 . . 1"",lffiJa . /)'m[l . i'l .....,]~};~;J, ... . "~to '-,\,\1,: " .~, \ ~' '. . ':,1, '.. _.""~~"'.'''_.'''u.,.".__'...., . __ ..........._.'_ ..~ ...,., .,...... - - 3 - 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. r e. 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. o ) .. ..,.'~ , ' .. " i t~ ~.; f .;~ ,;~ ii~ ;,~m: ~~. ~1'~.~ i.O', ,':) ~ , 5. 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. ~ ", 6. 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 " i;, *" ii (--0' ,- ',...=,~ ~To/ ., l' " A0^~&l~ ,". " , '\ '" . , :.t\\'t' ..:. ,,','t,\ , '\.:, " '~"" .~ '. ,~. ~ . ;,' ,_":,....',.H,,,'" f" ..''-"','4''~'', _~..~.~~._,._, _ n....'_..'. . " - 4 - 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 I " r- \ By: Boyd and Rummelhart, Inc. John Rummelhart, Jr., President ,;,I 1':" .', APPLICANT By: Hy-Vee Food Stores, Inc. ! I I I '~ I it , ~'I ~,:. I'l ,~(_._~ .Ll -, ,1994. 01(~J.. 1J1r;t.~ 01( # 1" ffv./c. A ~ .,\ ~ ~ '~i ~1~e; ~t r B' /S '. 80 ,- '0,.-)\:': , ,i"1'~~~,td' \" 1 .. . "I ,,-'\-\i,. . --,. ',' 1 -. ,..' .."...:,1". .. ,...,,"..',0,," ":_'" ~ .A.__,.:,'",." - 5- STATE OF IOWA ) ) ss: 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. lD Notary Public in and for the State of Iowa ,~ .t [~'\ \ STATE OF IOWA ) ) ss: JOHNSON COUNTY I .-.-. r.,.('';:1 ; [1 I , " : I I I , , 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. , ' I ~> i' " i I ~~ ,1 Notary Public in and for the State of Iowa ( ~- i,~.. ~~_._.___. .lilt.. mlIIllI _,__.._,,,~_,_,,,~ .,)"d . i~ 1: ~ 'W., ! i ,/) ~[1 ;~~~:" ", ~: ,'., ~, r.{~..iJ,'. j" ~~:l ,." , .-' ppdodmln\rumolhn,ClQ , , ,~m,', I ,1 [ \ ,:?J .. , , , i I II' . I ~\ ') ~"I " I, ~ r- 'L__ 0 " y'l , , '~~\~'I.: , " 1 '".", . ..:.' , [ i Lu 1JJJ WJ I.~ I I --, I r:=---: I ' ----, ,- --I 1--- I I ' --, I I r-=_-l II r- --i 1--- I I __~ r- ---I I I '- - - -I , ..... , \ I I I -rr \ \ ~ CLlJ'IlJ:ICW . , t.. =:=I ~'II"'I,- 1_'. I ! ~ I : I.' I j I : I ! I i I /__""~ ] I : ..... 1--- I '''" -'''ffl-:&.''-'-'-~ '0..' )"; - ,.' .. I I G:\ ~ " ~ \ , ), )\: 0' I;.il ~'i ~1',\ I r ~'LJ', J ~ ~ r ' j '" '" '..-'..::"If"" ',,' ;", ','''1';' '.r., .",' ~~"4.~I',' .",1 t ~ .. . ,'. ~,J" r , ',' , ' -........ '....,..; l' "! ",J ,.!;' ',- \"\: '. . I \, .....1 Jr,:;". i " , Ii i 'I' ~ I ',' tc \:; lJ~' 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 ppdadmlnlccll.B.np/1 ""I,' 1 , ',~' .. ___M"_"".,~........__,~-",,,..,.......i...~,.....__~'...._..:._..,~,~_.::':":":"..':~' ',. f" (Jfllk fD' I f/ ~/ rt/ ~'. , , ~ " , , '~ /..t....., 0 ... ,.)" " '-'~. ~"'" ;" , . ,0: ).'..."..".., / .,..,yf'i,;" ",' " o '\, - ""~;~ ,;' " . , .., : I,' : 1", "~ ~. , -' .-,._:,;," '. " ~,..;.:. li":'"' , 'h \~'\' \~ ."\ .~...'-' ir;.' I . , ~ ; I , I I I I II I ~), ~L ~. }\I.'..,.,'..i;' l~, ;i\~.",. , 'l ..A~ J[ " '; -- '... . ,','...., ,....:i.., ' . .'~ , ;'," , " '..... '._','..1(..,,,..,.,.--."'--..-..- () .' :.~t'~', ;' ':. ,,1,1., , '..... " ",' " ,~. , , ',' .:~..;..;~~~.",~.;ra''''.-'.:(''l L...,;,.:. ~';>':;'~;:"~'~ ,I;,;:,~~;;',"r ..-:.'- iA"~j::::'~: ,~,,;,.;..::.:~:;:, ~'~'~'"'' "'-.' , ~ I .1 ... '. :'J'..:.~o," ,:.~':, :'1...,'.... ,;_'''''...'''n,~,''~.~..~,_.____.__ I.' 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 "~--.--.,'- ,.'.' .~ ....,.,..,.'...~...,.,.."..~,. ).'.'..'.'.'.''''''''''.....''. .:,' " " :':", ',' ';~~,';\ ': \ ' , " ,', /:~""';':" ".-, :0,: '.'.' ,,"" I"~ ,I i " it ! ~1'1 r;'~': 10"""., ,i \-J 8 ' -,,-.,-, " ' :?Rf ,;' r"'1 ',. , ,~ , - , " '. '.:1;\'", " '. " .' ',:', '-"",'-,', "'-'--"". ..,,~,.,.,,_: . '. ,,,.,, :~! ("\ \J, 'I .-,;.;.O.c.& ,=~ !, ) , I I I ~. ' I , I I I . r~ ~ 'I" +V:'.--;:l ,:, , ~: !It.... L_"" ":C~_ ;,' " . " "". {." _~:~,..'....""ml"....":",:,,4',W....j~~.....,,.:o:.',~;,,,""'''''''\l,,"~<':~'''>,;,,,..~.,,~,.,,,,,>>::~.---,,,_.. '; ~ " " " J". "._,-"~-'-',,,,""'. .-.....,..-,',...,..".....,"~"~..,,,.._.~.._-----..,. 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 ~--,_U_' ", -~ll _ :- ........i '..'_0 ',...,.i. J.'. ',.,': , . ,~", '\~~\ - ' ," ,:,,".'" ~. \ ~1'1 "1""- " !;, ,..oj .."I I l " r i' , " ~ , ,10, "'~"';'I' I,:," m."!ii.1.., ' , ,.;' .",'.'...-.",' " A'~ '. ,,' ,:"! \\I.~ ,.,"...".. J ,.;\ '~ . ..~. _. .;," :\ ."... f" , , .._-,.'. ,.",,"-,,.._,,~~.,~._,..~',~~" '; , . , ", ,::,,:"'~.. ~:"",;'-.Jj~"~'; -..'..,;,:, '.;.:.:..:-~w.{.:.;:...:i~~~.,~~~,;..:' t,~":~~..::..:;'J:""~;::"~'J.I'-'" .~,=;.,', ; ,;,."~.~:,,,::",,,,,.;>,,~,; ~';c.'_;i\';;c",:.I.:",<",...~'''','L',-, ".',......._."'-"_........,,, 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 , "-.. b I I , , ,r"' (.j ,-!i~: \~ '~ tr'i4 , ) ;..; . ; I I I I I 1.lq;:, ,I ~~ ) ~ l_"'; '. ~1'1 C.' It. l' ..,J ,10/ I' ,~..' ...'. . - :l? - ---...-: O...,.4~1;./," ~':'"',:.' ,(( () -, . , ,":,~t~\i';f ~. ' . . "~ . '-'" ."..J.......,. "',' , , , -'-',". ., Zi1\m',... .', '" ~ ;,...".'" ' , f". , ~ "", " ~' " , 'I: . '..' " "._ _ ...:._,~.:.:.; ~,,::,.;.~~,.;.-L~~;,...~~':.:~";'I'~~7;2;i.\\,:.:,;~'-':.."-o.'l,.~j,.!4",:~j;~.._".,-",..:,.", ,~'-' ~~. ",~...:.": . , .Le;'J'. ':':..~ ~ .,'" "'...'.._""~."..:..+,,W'~ ..',L' "'~"'~" _ .....,......... .. . .+u "..._.,'._.....,"'-.:....:.:'. 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 I .J ,- \ " \ ' ,I i3 r> i I I .(.';\ \:;J I MAYOR ATTEST: CITY ClE K r ~\ \', ( ~-' ~'1 ~!, I \l ~1'1 " ,.'" "} .. ,..-,' ,~ o ':lF~f ....' " \ I". " \ C. ' .f', " 'i, ,.,,1', 10'; '1,1 '. "' ., Co. .,.,. : ..---- '\' ;ij< ,1liiJ'l:l!1, .. ...,.., . "''l''', .. ,I ~ '" . "~l~<' 'd.,.\l. "",'l"," ':( ,,~'t 'I. ~,...".".~"'..".".--. -,,", . . , ~~. !, ,...-~":" ~" ',; , ~'I.:;' \~\ \. ;1 in I ,: " 1 i , I . I I i I I II . i I I 1'10 i " , \1 ] ~ I' , ,,', ,;~I' . l. ;"1' r, , !i~'. 1'\(\,1 .,.\ L..--' C."o " "!'.. , ~, ., . - " , ' , . . .~~U ___, ,_...",,;\' .:(.~:~,."'~, "1,; -'.,;i::;':"';"':: ~~':"\J<..i;.,~.~.: ,:"", ..,;'~,;" .,~:.::..~ _::"':'v,",,', _ _'. ....le,' 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 , ' 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, ",~-' ..' , ~v 'V - .. "O;;'J)):r' " ,~, ~ " \;,"','".~~1.,~,_,~, . ., ,.' " .' "...-' >'..~.-.- ~":''-'.'-'- ,,',' ,,,-"-."".:.0,..,;.,.,. _ ~"~""_~''''''''. r ' -to 1{Iq 4' .~ ~ q/.~1 ~ / (JIll ----: III ;).,~ ~,/;dv /i; ft"L ','...,."" ' .' 1J :~' I': , I " ~ ; 1\ ~ i n' ~ , ~1" i r ." - .-.tJ ' 'I,~~; .1 0', ...'. ,1': 1~"" '0'......... IG~,""'- , \:"1. ' " " "'.'\",: " " ,1,'1' : ,'\'I , .~' ", , '."'1 ':,.1" 1 '., ,-",' . , "'. . ~.I .,.,: ' , . . ." " c" -,._~_"",.....l"'.",)c:",-".:;.:.,..'.:';,-.",- .:j~~:,.~:",:.;~ 1.-'-' ,~;:.c_':;. ':l;.~".",:~':,:-,,"':.,~";_ '-'--"".'- ':;:.~,..,,", C':;' ',', (,,: .i',' ,:'r.""""'~~"""''''-'~'~:'''''~''_._'__,,_ _ ._ \ ~ J;td& ~ t~ ~ 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. " .'. " C. ,....-c..:. t ., .-.1:.\ ' C-\. \1 \.~ ~ I, I " , i I i I I L., I~' " ~1~ " , .. 'I' 11.1' ''''''.i''.' l'j, N'[<, .,'j .-. ,r-HO 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 ppd admlnlharlocke.res - ,;,& '~"ll"";"" -,' y~"."." .-: .-.- .-,--- 1 J f" '. r I t ~ ., N. , :~ '~il . I'd' r ,., 0, " ~',\ .1' "..1' ~;"',\ ....,.,.., ,', ' ,:, . ::::.',"':., : .. ,..r\\l./ , . ~;... ,.. \....; \?,,~.~~\,;~,i..,-,,-,-.,_ "~'_._~~,-,,,_..._:L..._.':".;.._:, ',':..1:'" " '." ~r" ,) '~ ,~ '. ,r,j c~\ \J~ " " I"n , , , ;.l : I i I ' I I {~ ~ , .I, \~,.:, ~; "!l t~ :C.?:~ 4lLrl- " .' . ,.', ' . , ::',',. . ,_;.._~' :.;..'':' ~.-.~..""" ~>:=}.\:":U~,""""...J-:-;",~",~ ....;"..'....!-~ ,,~.;... _. .._,~~ 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 a property located at 402 S. Linn Street from PRM to CB.5, - j... ,.", 1 " . 11:_.0):)\':'; ",d ", , ...". ~ .' , ,"' ". :," , ,... --------,-------...._,_.........:-~..., .r ~u ~ g/~ ~ ------ 1/~ 1 f;f ~ 1I1J-~ --- ~~L~ f.,..~' . '! i 1. ..' ""'\' , .. I~ 1ft l~ t- ? ~'\Fi "ill' " 'I'.' il.'..',;" , , 'I'; ~1'~ r "T..J~.,~. " .~ v[J :/ ,), , .~ " "I, f., ','" E!ii:if[j " . 'I." ,'.;;., ',! . '~) l ".' ......... \ \ .>l Ii' ! II r II :I , ~ II ~ .~, Jr ;',~ l' .,':C ~-. ,'I, ~::' i - . ,;. " :' ' ,~.~~: I'r' '. " ,','.. .~' . ',-;.'.., ',' " " . "''-,,\-. ,:,"'. , . ... ..~"" ~'"'''''''''''''-"''' . .. ._'f:'~' , , ,"" . , ",:_,.. :..... _'.'" ,"",.;.~.,,,\:.;.::...,.:.,.,(~:.,;.: ~',,;~':0~~ ";~"~'~::""':~~' '-',~,""'~~~~~J~~~'"'~'.W''' . ~~~ P f- 1-- 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 ppdadmlnlnohwy1.res l J ,.. , . o .. , " ~ ;v. ~7~i "I" m' ,,;'.) , .0.. - .' ~--- -',- ','_" ..'-':l:.,.,.,'~.,,'....)S('P::, " .,;;.., .~.k~' " "'i" " . ,-,:~t \ ~'f' ...' ' " , " , - , :~. '.,,',1 , ',;..', ;0' " , " :.\ , . "'..,,,..,.'.., , ' , '...,' f;r~ . ;,., k_'_'_ "\,,,'-"'~L'.. '.-"~,.-...:.._'.!,_,,_: ;_"_~"'ol,'..,.. ,",""" ~..'~ '. ~"'..~. ... ..,. ,~_.. ..",>or, ,." ,,^ ,'-c. "'__.~,'_.'.__.. _._.._, 0'_'.' ._.~'._,'__, .~.... ..--,...."..,. r . .1': '" '~~" I 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 '. 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. f,:.j 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. ~" , " ( ~ ,,, f\ I. e'- ~::~. ., ..~~_.- , -~- -: -.., "O'")\i ~1'8~. ~d, Pi r'" !, .0 " ~ ... 1/ ... . - ]'~ \, (~~-- . , -. .' .., , :~l:,\'r" .. '.'. ,.''':. :~ " ..,,-, ',.'_.",,,.,'.':..',, ,~,,:_'::;,:..'_ ., l...:" '~''''''':'''';''-'. ,.,....,~ ..'. .,;....,,, -__ 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 ~ '~. ."~ -- - J........'."..' o ' .' " \ y rwr f r~ b ." , ~ ".' I I I Q I f:' ~ 'r, -( ',~ 'I i "It.- .'.,1' ,0, ~, ',,'. I, .!.'JJ~'ci"" ,."..,'; i "- .c C\ \ i,~ I, , I I I tl . I i I f~ i ~ ~~'{~":' .' ",' ,I 17, , "" fir L_"'; ',C'~~ ." .' ('t, , .. "t':' "C'\l' . '.". .~, ,',.. ' '" , . 1 ~' , " " "~L"~ _ , ,,,_, ... ,..: ", ,I',',.. _"...'..,....~_!:o,,,...:,,...~__. r , , " . "._,_+_:.~;~~.:~:;...:'.:...:~_:,~~_..........,:....-_.:...:.::-.,~",....~,-,~..u", ,,',"[1,',.' '",.- ;J' ,-'.'.'/"._''''':. :"..;_....,'~';~...';~ ." ..; ',..;,.....,~';,~:!,._:...'<>-:' '_'~O 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 I r AYES: NAYS: A8SENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton , '~. . ,\ ,. , I' First Consideration Vote for passage: Second Consideration Vote for passage: If..i ,. , . ", ~l. i l'i!l\ :..':, " '~i&i' ( .. ,:~ "m! ~~! .', ,I " ~\ '~~~$ ,!i:\l' }~J1J. ~'~I '" , :I~~: fh~ "',~' I "'B' ir~jl :"~i .~l, ~ ~i~;~ ,I, l'.;~[: ti.,.iJ.1.'i! 1JT1 l' "'~{ , '..'~": fl, '~~I! ' ~ i ~~"" 1 Q md I ~f~! '..."n."....:.T.' "~~'I ." jt.... [J ' ,\t" ..,., .", ,I' , . , Date published ppdsdmlnlhBrlocke,ord '. ~ ':.- ~~._ T ~- '.=~', )" "',' ,', " "': " " . ,~ , ,:,,' ", ,', 0...,.. ,;, - ," ,", ',"':; ,-.-.:,,:,)":: :im';;t~\ ,,' .~::-I ': .- ' ...,', , ..~ .,..-'.,'~~..~..~ ,...~-., c "'~ \i \ ffi , ' I I I .M I I If1, i( ~. ~'~, !(r~'~ " , " " ::':: ~~t: ' 'j ~ .'\'\ " . , ",r " , " {. " , " . ,,' . ,~.,.~';';. ~~".","', ",,';~:.. ~':" "~...,,,,: ,.,,:,:""-:::~~.,~:""'a_u,,,,. ....:'-_,,~:,:.. ' 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. v-" ',~~~ \, - '~~ ...-.-~<.:o_v)~~:,' , ,~, , f" ___' .__.,_,~. ."....~.,_'MU__..~ __-:._._...,.;",~.'':' r i / if {,O 1(\Y ~~ ~ ~ q~1 ~ J 0/11 ~ i\ ( d-~ ---- bJt...---b ~ fft o " i \i ,~ : , ' ,.: ~' i,1 " 'J ~ . ~, ! " ~'9g " >;, .II' ; '1>'5 ,10, ~~li(.,;. .,.-..;i' ", '" ' ~ ,'".,.. ---.'... ~ \\' fC ~, ,\.. 0 " \-"1 ......, .. ~, -" , :.'::~t\\"r" , , . " " . .".. ',.,., {. -~L " ," " ", .: '," ~ _';.:..,_" ,.......' r --'-'-'!~".:',.;l:.'l.'l.";';~...;:i~J'.,: ;.~i:.'..:!i,i,~.d.''>. \;;!:.:~. .,"",:,,'~, ~.-;, ~-:,~ "..!... :....,.:'.".~, ,'...., ',' 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 ~ - '. " .- , - - 1 , y.b o rJY ~ 'v~ p r 0.,. ~1'8 1:;':..... " , f" ....---.'... r , , i <'D ~ " " t \", " ~ ~1, I ! " ~~ /! , , "''''''-' IC1 I jS ii, "', '~~l!i-i&.'~r . .,......,.. r' d , , I I ~> ~ "I.' ~~ 1.', I" I:; -}:( . ~" ~ ' , , ',~f \ 't' , ,\., . .',.. ". . i.I", 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 , ~ 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 ppdndmlnlnohwyl.ord o --,-" :.u ~- .,.'0).,-: ~ " .. - ~" g ~' , --..,.-, ' Q ~ ~' " I\.~'i. " " " , In, .'rnt3::. ..,:':,,": . .> , , , " ~t i ~'I ','I... '. ..c' _,_.'"... "".'_~.. ,,_'.:.".,.l-'_....~.,...',.., , .... I. \QD' ... C .~,.\ c-~ \ ;?~ I I i ~ , I[ I r:, \ l ' ~ \: .' [" , '0 ' ' , , " " ~,- ,-"-P- "". ," . , .' . ,-,.;._~_.. _..;.-...:'-...~..,~,.:,.,"q,~-,,~.,_.._..,,-,_..:-....,'"..~-.....;..:.,--- -', . "'; 1 " " , "~ . , .<__'" __...._..__............."J,...".......~."".........,.._,.....;."... _ ._~_.,.;., r 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. ._::.1 . .' ,. 0 '. .' ':,' " , , ':' " , '., :, ,', h..,~' .'r.,: ,.".));, - '- ;/ (1M 1llq q)0 / 1/;.1 ~ 10/11 .---:- /11M m. \:Y ~/ttdt '1b f~~ .! . h: ~1 , S' - '..'I". , , ;,\ >"1 ,,",, \... 10, - .,:. ,i'.U'.!Q:~i-', r. , ,; .'~ . .,., ioY "', .['e c:"\ ' v .,,-,,1- r:7f~~ ~ ; '-, ~ , i'> Ii I,: , ----. , (~- 0 " '""l' " \"1 .' 'I~' . ....\ \\'I,~ , "-,"'" ~ , .. \'." ".."..:..,-~:",-,-._....,:!' ': . , : ____~,_.,,_',....:..'r_~..'::...,i~.,"',';1''_::~~~j:,~:~::::J..: ,:i~t,,'-~;~';O::,'~~,'-,-,';:x.~.:,~.~,-. :;.,:;.';....:;,,~i\.;:_' ' " " ' 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 '-~-~ .~. J' ~~ 0 _\~).~.-- ' ," , ~ .. ,.' '.',,::~.:,,~,,;,:,'I;";';, .'~,.",. "I!,}' .-."",:~_:_:.;.." _:',_-";:'",;'1, ,'"i. )c#v ~ ~ P f J-.- ~" 8 F"'" , ',' !;., A ~] I ~' II jl I".', l' '... 16 i.r.t '. 'i, . ~'1 r '. , ~ ~~ I," ~. i " 0, '. ~::", " 't:::j' " ""'J "" J-Sllf.\l.l ' ',; " , . '".,". "t'" ,;'~ "\( '. '.',.'j ,', . . , '-;." ~' , , . " , . _. _..:_,w.;;"..'":''''''' ~'''',Uc..l,,;'';''~'-'U',:l'~'';'-- -:",:1;.~.;.' :',~,,'''::'V:''''-'l .'...i...~ ~".~,~ ......l.;;.,..:..~. :~..~".'..,..,.,.,'.... .'...,' -..".......,. .- 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: Q f ("~ \ 8aker Horowitz Kubby Lehman Novick Pigott Throgmorton , "I 4 First Consideration Vote for passage: , Second Consideration Vote for' passage: Date published ppdadmlnlwesthsrl,ord I I I~ II I, I "\.' \.'ll"'~ "J ij~;' tI.': ft' n I.~ .' L; rr ~' , ~ i l~~! 'W ;\~ f~ " f \i.: ,:C"o."'- ---: ~, _ ~F '.,no_.J, -' ' - ~ o r.)..'.,." ",' ..':', ."~.l,"..,,,.' , \, f'; ~7 , ~ / t~ , "ll 'II II .. ......',.. "'T'- " ,itS IL], . ~~~"