HomeMy WebLinkAbout2007-02-20 Ordinance
b 'j .
,..-\ ~)
Prepared by: Sarah Walz, Associate Planner. 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY .2 ACRES OF PROPERTY
LOCATED WEST OF DIANA STREET AND SOUTH OF KIRKWOOD AVENUE, FROM LOW
DENSITY SINGLE FAMILY RESIDENTIAL (RS-5) TO COMMERCIAL OFFICE (CO-1). (REZ06-
00027)
WHEREAS, the applicant, MVL Properties, has requested a rezoning of property located west of 1016
and 1018 Diana Street and south of 521 Kirkwood Avenue; and
WHEREAS, the property is currently zoned Low Density Single Family (RS-5); and
WEREAS, the applicant is acquiring from the City of Iowa City a portion of vacated alley right-of-way
adjacent to the CO-l zone at 521 Kirkwood Avenue (currently the Lensing Funeral Home property); and
WHEREAS, the applicant is acquiring the rear 39 feet of the residential lots at 1016 and 1018 Diana
Street; and
WHEREAS, these acquired properties will be added to the CO-l property at 521 Kirkwood to create a
rectangular lot; and
WHEREAS, all property along Diana Street will remain zoned RS-5; and
WHEREAS, the Comprehensive Plan indicates that the property to the east, north, and south of the
subject property should continue to be developed for residential purpose; and
WHEREAS, the Comprehensive Plan's discussion of the Central Planning District identifies Kirkwood
Avenue as an area of particular concern with regard to the need to preserve existing neighborhood integrity;
and
WHEREAS, Iowa Code 9414.5 (2005) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the applicant has agreed to develop the property in accordance with the terms and
conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this
area of the city; and
WHEREAS, all access for commercial traffic to and from the CO-l property via the east-west alley
connecting to Diana Street will be prohibited; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, the property described below is hereby reclassified from its current zoning classification
Low Density Single Family (RS-5) to Commercial Office (CO-l) is hereby approved:
LEGAL DESCRIPTION
Auditor Parcel 2006153: Beginning at the Southwest corner of Lot 3 of Block 6 of R. S.
Lucas Addition to Iowa City as recorded in Deed Book 13 on page 580 in the office of the
Johnson County Recorder; thence N 89"57'22" E along the North line of a 20-foot alley
running through said Block 6, a distance of 59.00 feet; thence S 00"19'04" W, a distance of
73.01 feet; thence N89"58'34" E, a distance of 41.45 feet; thence S 00"19'04" W, a distance
of 146.01 feet to a point on the South line of Auditor's Parcel 2004035 as is recorded in Book
47 on page 132 in the office of the Johnson County Recorder; thence N 89" 53' 38" W along
the South line of said Auditor's Parcel 2004035 a distance of 39.00 feet to a point on the
West line of said 20-foot alley, being the Northeast corner of Lot 30 Highland Park Addition to
Iowa City as is recorded in Book 6 on page 41 in the office of the Johnson County recorder
and the Southeast corner of a Plat of Survey recorded in Book 4 on page 203 in the office of
the Johnson County Recorder; thence N 00"19'04" E along said West line, a distance of
152.82 feet to the point of beginning containing 8748.11 square feet and being subject to allbeasements and restrictions of record.
Ordinance No.
Page 2
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owners and the City,
following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this _ day of ,20_.
MAYOR
ATTEST:
CITY CLERK
APpr~ ~
City'AttOrne~
zl/~7
ppdadmlordfrez07 -OOO27.doC
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
.Wilbum
First Consideration 2/20/2007
Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by Sarah Walz, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ06-00027)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and MVL Properties, LLC (hereinafter "Applicant"); and
WHEREAS, Applicant is the legal title holder of approximately .2 acres of property located west
of Diana Street and South of Kirkwood Avenue; and
WHEREAS, the Applicant has requested the rezoning of said property from Low Density Single-
Family Residential (RS-5) to Commercial Office (CO-1); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding no commercial traffic having access to the property via the east-west alley
connection to Diana Street, the zoning is in conformance with the Comprehensive Plan; and
WHEREAS, Iowa Code ~414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Applicant acknowledges that certain conditions and restrictions are reasonable
to ensure the development of the property does not adversely affect the adjacent residential
neighborhood to the east; and
WHEREAS, Diana Street is a residential street and is not designed to serve commercial traffic;
and
WHEREAS, the east-west alley from Diana Street is located within the RS-5 zone, is designed
for residential usage and is surrounded by residential properties; and
WHEREAS,. the neighboring residential property owners have expressed concern about
increased traffic on Diana Street; and
WHEREAS, the Comprehensive Plan indicates that the property to the east, north, and south of
the subject property should continue to be developed for residential purpose; and
WHEREAS, the Comprehensive Plan's discussion of the Central Planning District identifies
Kirkwood Avenue as an area of particular concern with regard to the need to preserve existing
neighborhood integrity; and
WHEREAS, the Applicant agrees to develop this property in accordance with the terms and
conditions of a conditional zoning agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. MVL Properties is the legal title holder of the property legally described as follows:
Auditor Parcel 2006153: Beginning at the Southwest corner of Lot 3 of Block 6 of R. S.
Lucas Addition to Iowa City as recorded in Deed Book 13 on page 580 in the office of the
ppdadmtsgtlcza diana 51 .doc
1
Johnson County Recorder; thence N 89057'22" E along the North line of a 20-foot alley
running through said Block 6, a distance of 59.00 feet; thence S 00019'04" W, a distance of
73.01 feet; thence N89058'34" E, a distance of 41.45 feet; thence S 00019'04" W, a distance
of 146.01 feet to a point on the South line of Auditor's Parcel 2004035 as is recorded in Book
47 on page 132 in the office of the Johnson County Recorder; thence N 890 53' 38" W along
the South line of said Auditor's Parcel 2004035 a distance of 39.00 feet to a point on the
West line of said 20-foot alley, being the Northeast corner of Lot 30 Highland Park Addition to
Iowa City as is recorded in Book 6 on page 41 in the office of the Johnson County recorder
and the Southeast corner of a Plat of Survey recorded in Book 4 on page 203 in the office of
the Johnson County Recorder; thence N 00019'04" E along said West line, a distance of
152.82 feet to the point of beginning containing 8748.11 square feet and being subject to all
easements and restrictions of record.
2. The Applicant acknowledges that the City wishes to ensure conformance to the
principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code
~414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on
granting an applicant's rezoning request, over and above the existing regulations, in
order to satisfy public needs caused by the requested change, including provisions for
prohibiting commercial traffic access to and from the property via the east-west alley
connection to Diana Street. Therefore Applicant agrees to certain conditions over and
above City regulations as detailed below.
3. In consideration of the City's rezoning the subject property, Applicant agrees that
development of the subject property will confonm to all other requirements of the zoning
chapter, and that no commercial traffic will have access to the property via the east-west
alley connection to Diana Street.
4. The Applicant and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code ~14.5 (2005), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Applicant and City acknowledge that in the event the subject property is transferred.
sold, redeveloped, or subdivided. all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property. and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
ppdadmtagVcza diana $1 .doc
2
Dated this _ day of
,20_.
CITY OF IOWA CITY
Ross Wilburn, Mayor
7?1('~~~'<r
By: ~.~, ~ orfJ...
Attest:
Marian K. Karr, City Clerk By:
Approved by:
~~F~ ~/JtJ7
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this day of , A.D. 20_, before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and
Marian ,K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed,
Notary Public in and for the State of Iowa
My commission expires:
ppdadm'agtlcza diana st .doc
3
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this ,&+h-day of hhru..B<J;:J ,A.D. 20 01 , before me, the undersigned, a Notary
Public in and for th State of Iowa, personally appeared
m i cho.J!,j .::::r: Le/l-s J ""-3 ' to me ~ersonally known, who being by me duly sworn,
did say that the person is l::i:<sd..ent (title) of
Le../,s J rz.. ~ L:h:L. , and that said instrument was signed on behalf of the
said. limited . bility company by authority of its managers and the said
(Y7icJu;.e.J Cr. Loi.ln.q acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company by it voluntarily executed.
~L (t<..- K. ~.f..Ue.-
Notary Public in and for the State of Iowa
My commission expires:
: . ,j'!-'! J' T v.;::U\E K. TUTTLE
! ~;'t~?" ';J C-y;Jf:]';',,":' i"l::~,jer 221819
i.,/:\ I "C4T:::8~gZ:S
',~..:.':.L~---.j..'---<--'-'-1-~'
ppdadrrVagVcza diana st .doc
4
_.____._.__________...__________ ___._~___.___,___..._ __ _"_____.____.____ __",_"_,,,___'_'_'__"__M'_""___~'___'_____'_"_'_.__..__.._ _..... _ _ _.____~_ ,.,_.______.___.___._....._.._
( .
Ie b (
\)
Prepared by: Drew E. Westberg, Planning Intern, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-355-5230
ORDINANCE NO.
AN ORDINANCE CONDITIONAllY REZONING APPROXIMATlEY 1.03 ACRES OF PROPERTY
lOCATED AT 1902 AND 1906 BROADWAY STREET, FROM COMMERCIAL OFFICE (CO-1) TO
COMMUNITY COMMERCIAL (CC-2). (REZ06-00028)
WHEREAS, the applicants, Southgate Development Company and Henry E. Nathanson, have requested
a rezoning of property located at 1902 and 1906 Broadway Street from Commercial Office (CO-1) to
Community Commercial (CC-2); and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it is appropriate provided that certain conditions addressing the need for an appropriate
transition and buffer from the CC-2 zone to residential development; and
WHEREAS, Iowa Code 9414.5 (2005) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the applicants have agreed that the property shall be developed in accordance with the
terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA: .
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of CO-1to CC-2:
Commencing at the Southwest corner of the "Boundary Survey and Site Plan", as recorded in Book 31, at
Page 147, in the records of the Johnson County Recorder's Office; Thence S69'33'40"E, along the
Southerly line of said "Boundary Survey and Site Plan", 7.00 feet, to a point on the Easterly Right-of-Way
line of Broadway Street, in accordance with the Right-of-Way Acquisition Plat, as recorded in Book 3429,
at Page 343, in the records of the Johnson County Recorder's Office, which is the POINT OF
BEGINNING; Thence N03'32'00"E, along said Easterly Right-of-Way line" 45.20 feet; Thence
N08'35'00"E, along said Easterly Right-of-Way line, 55.00 feet; Thence N12'15'00"E, along said Easterly
Right-of-Way line, in accordance with the Right-of-Way Acquisition Plat, as recorded in Book 3299, at
. Page 412, of the records of the Johnson County Recorder's Office, 16.00 feet; Thence N20'OO'00"E,
along said Easterly Right-of-Way line, 56.00 feet; Thence N17'30'00"E, along said Easterly Right-of-Way
line, 38.00 feet; Thence N29'15'00"E, along said Easterly Right-of-Way line, 20.00 feet; Thence
N40'OO'00"E, along said Easterly Right-of-Way line, and its Northerly extension thereof, 30.31 feet;
Thence S67'56'00"E, 159.36 feet; Thence Southeasterly, 16.23 feet, along an arc of a 3015.00 foot radius
curve, concave Northeasterly, whose 16.23 foot chord bears S68'05'16"E; Thence S22'04'00"W, 250.34
feet, to a point on said Southerly line of "Boundary Survey and Site Plan"; Thence N69'33'40"W, along
said Southerly line, 152.52 feet, to said POINT OF BEGINNING, containing 1.03 acre, and subject to
easements and restrictions of record.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Ordinance No.
Page 2
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law. '
Passed and approved this _ day of ,20_.
MAYOR
ATTEST:
CITY CLERK
zJNItr;
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Consideration 2/20/'2007
Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Champion.
NAYS: Correia, Bailey. ABSENT: None.
Second Consideration
Vote for passage:
Date published
'--~-'--"-'--'--'-""-"---'~'--"--'-'---'--'----"-".,._--,._._--_._...__._-_.~..,-'----
Prepared by: Drew E. Westberg, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230
(REZ06-00028)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Southgate Development Company and Henry E. Nathanson (hereinafter
"Applicants");
WHEREAS, the Applicants are the legal title holders of approximately 1.03 acres of property
located at 1902 and 1906 Broadway Street; and
WHEREAS, the Applicants have requested a rezoning of property located at 1902 and 1906
Broadway Street from Commercial Office (CO-1) to Community Commercial (CC-2);; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding addressing the need for a transition and buffer between CC-2 and residential
development the rezoning is appropriate; and
WHEREAS, Iowa Code ~414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over, and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Applicants acknowledge that certain conditions and restrictions are reasonable
to ensure the development of the property provides for a transition and buffer between the
existing residential and CC-2 zone; and
WHEREAS, the Applicants agree to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Southgate Development Company and Henry E. Nathanson are the legal title holders of
the property legally described as follows:
Commencing at the Southwest corner of the "Boundary Survey and Site Plan", as
recorded in Book 31, at Page 147, in the records of the Johnsof) County Recorder's
Office; Thence S69033'40"E, along the Southerly line of said "Boundary Survey and Site
Plan", 7.00 feet, to a point on the Easterly Right-of-Way line of Broadway Street, in
accordance with the Right-of-Way Acquisition Plat, as recorded in Book 3429, at Page
343, in the records of the Johnson County Recorder's Office, which is the POINT OF
BEGINNING; Thence N03032'OO"E, along said Easterly Right-of-Way line, 45.20 feet;
Thence N08035'00"E, along said Easterly Right-of-Way line, 55.00 feet; Thence
N12015'00"E, along said Easterly Right-of-Way line, in accordance with the Right-of-Way
Acquisition Plat, as recorded in Book 3299, at Page 412, of the records of the Johnson
County Recorder's Office, 16.00 feet; Thence N20000'00''E, along said Easterly Right-of-
Way line, 56.00 feet; Thence N17030'00"E, along said Easterly Right-of-Way line, 38.00
feet; Thence N29015'00"E, along said Easterly Right-of-Way line, 20.00 feet; Thence
N40000'OO''E, along said Easterly Right-of-Way line, and its Northerly extension thereof,
30.31 feet; Thence S67"56'00"E, 159.36 feet; Thence Southeasterly, 16.23 feet, along
ppdadmlagt/rez06-QOO26 conditional zoning agreement
1
an arc of a 3015.00 foot radius curve, concave Northeasterly, whose 16.23 foot chord
bears S68'05'16"E; Thence S22'04'OO'W, 250.34 feet, to a point on said Southerly line
of "Boundary Survey and Site Plan"; Thence N69'33'40'W, along said Southerly line,
152.52 feet, to said POINT OF BEGINNING, containing 1.03 acre, and subject to
easements and restrictions of record.
2. The Owners acknowledge that the City wishes to ensure conformance to the principles
of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code 9414.5
(2005) provides that the City of Iowa City may impose reasonable conditions on granting
an applicant's rezoning request, over and above the existing regulations, in order to
satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owners agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. A substantial buffer area of no less than 35 feet will be established along the
southern property line of the parcel rezoned to CC-2. This buffer must be
screened to the S3 standard and include both a decorated masonry wall of a
minimum five (5) feet in height located within the northern ten (10) feet ofthe buffer
area with a dense planting of deciduous and. coniferous understory and overstory
to the south of the wall.
b. Closure of the Hollywood Boulevard vehicular access point to the CO-1 property
and use of a shared vehicular access point from Broadway Street.
c. A landscaped setback of no less than 20 feet along Broadway Street.
d. A limit of one (1) free-standing sign located in the northwest corner of the property.
No building signs on the south and east sides facing the residential development.
Other fascia and monument signs are permitted as per the code.
e. S3 screening will be provided along the eastern and southern property lines of the
CO-1 parcel or alternatively along the eastern property line of the CC-2 parcel.
f. Any building or structure including canopies should be of a quality design
appropriate for property abutting a residential neighborhood, including features
such as stone and masonry materials, standing seam metal roofs, and muted
colors. The Director of Planning and Community Development shall approve the
design of buildings as well as associated structures and facilities.
4. The Owners and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code 9414.5 (2005), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owners and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement. .
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
ppcladmlegUrezQ6-0002B oonditional zoning agreement
2
The parties further acknowledge that this agreement shall inure to th.e benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owners acknowledge that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner from complying with all other applicable local, state, and
federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this _ day of
,20 .
-
CITY OF IOWA CITY
Ross Wilburn, Mayor
~AJ~
.. fI~". y €: N_k;..,..u~
Attest:
Marian K. Karr, City Clerk
~~ if/h~1-hJ
BY:~esC<. /llcvVOVl./J VILe.. Pre~f'de[L+
Approved by:
~~ 2!//~7
t y ttorney's ffice
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D. 20___, before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman
and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
ppdadm/agt/rez06-00028 conditional zoning agreement
3
SOUTHGATE DEVELOPMENT COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ;;OrE-day of ~'r4~ ,A.D. 20.El, before me, the undersigned,
a Notary Public in and for the State of 10 a, personally appeared "T e. ,--e S'L m () or .. 0 .AJ
and . , to me personally known, who, being by me duly sworn,
did say that thil~~a'~ the \J ice P"ef,i d -e.n- t- and , respectively,
of said corporation executing the within and foregoing instrument to which this is attached, that
(no seal has been procured by the said) corporation; that said instrument was signed (afKl..
sealed) on behalf of (the seal affixed thereto is(Se seal pf said) said corporation by authority of its
Board of Directors; and that the said VIr" ~~/do,f and a&-
such officer_ acknowledged the execution of said instrument to be the voluntary act and deed of
said corporation, by it and by them voluntarily executed.
,..,At ~ MARY E, COOPER
ft.;,.' ~ COMM'SSION NO. 735701
· ~. MY COMMISSION EXPIRES
'ow A .., -:::l r- - 015'
~ E .~C>fa1t
Notary Putl' in and for aid County and State
HENRY E. NATHANSON ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ;).<; ~ day of ~ hr(.lllt v ~ ' 2ofl, before me, the undersigned, a
Notary Public in and for said County, in said tate, personally appeared I-knr.., €.
Nofittlfrl Sd'1 ' to me known to be the identical person~ named in an8 who executed
the within and foregoing instrument, and acknowledged that (he/shelthey) executed the same as
(his/her/their) voluntary act and deed.
,..,At ~
ft.;,.'~
.~...
'ow'"
MARY E. COOPER
COMMISSION NO. 735701
MY COMMISSION EXPIRES
.., - ~c. ,c'il'
~E.~
Notary IC in and r the State of Iowa
My commission expires: ,- '" C- . 0 ~
ppdadmlagtfrezQ6.00028 cooditional zoning agreement
4
0(1. -
1
()
~G
Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington Street,lowa City, IA 52240; 319-356-5230
ORDINANCE NO. 07-4252
ORDINANCE VACATING A PORTION OF MCLEAN STREET BETWEEN HUTCHINSON AVENUE
AND LEXINGTON AVENUE. (VAC06-00006)
WHEREAS, the applicant, Kevin O'Brien, has requested a vacation of a portion of the McLean Street
right-of-way; and
WHEREAS, the Planning and Zoning Commission has found that the portion of McLean Street in
question serves no public purpose and was not likely to do so in the future; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the requested
vacation; and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The property described below is hereby vacated by the City of Iowa City:
Beginning at the north-east corner of Block 5 in the Manville Addition to Iowa City, Iowa as recorded
in the Plat Book 1 at page 149, records of the Johnson County Recorder, then north fifty (50) feet,
then west three hundred (300) feet, then south fifty (50) feet, then east three hundred (30Q) feet to
the point of beginning.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this ~ day of Februarv
c2a-(~ JJtv
MAYOR
, 20-.Jl.L.
-
ATTEST:~~~
CI CLERK
1Z-/-t<-6",
Wpdatalppdadminlordlvac06-00006mctean.doc
Ordinance No. 07-4252
Page -L
It was moved by V~nderhoef and seconded by
as read be adopted, and upon roll call there were:
Bailev
that the Ordinance
AYES: NAYS: ABSENT:
y
x
x
X
X
X
X
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Consideration 1/23/2007
Vote for passage: AYES: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Second Consideration ? f h f? n n 7
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn,
Bailey. NAYS: None. ABSENT: None.
Date published 2/28/2007
M-kA
u
d:l,
1lltJ
Prepared by: Mitchel T. Behr, Ass!. City Attorney, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO. 07-4253
AN ORDINANCE AMENDING ORDINANCE NO. 06-4245, WHICH AMENDS CERTAIN SPECIFIC
PROVISIONS WITHIN TITLE 14, ZONING CODE, CHAPTER 2, BASE ZONES; CHAPTER 3, OVERLAY
ZONES; CHAPTER 4, USE REGULATIONS; CHAPTER 5, SITE DEVELOPMENT STANDARDS;
CHAPTER 7, ADMINISTRATION; CHAPTER 8, REVIEW AND APPROVAL PROCEDURES; CHAPTER
9, DEFINITIONS.
WHEREAS, Ordinance No. 06-4245, was passed and approved by the City Council on December 12,
2006 ;
WHEREAS, said Ordinance No. 06-4245 contains thirty-three amendments to certain provisions
within Title 14, Zoning Code, Chapter 2 Base Zones, Chapter 3 Overlay Zones, Chapter 4 Use
Regulations, Chapter 5 Site Development Standards, Chapter 7 Administration, Chapter 8 Review and
Approval Procedures, and Chapter 9 Definitions;
WHEREAS, certain incorrect references within Ordinance No. 06-4245 to specific sections and
subsections enumerated within the Zoning Code result in the deletion of certain provisions within the
Zoning Code that were not meant to be affected in any way;
WHEREAS, said provisions relate to illumination requirements for signs; cross references to the
application of the multi-family site development standards to General Education Facilities and
Religious/Private Group Assembly uses in residential zones and the central planning district; CN-1, CB-5
and CB-10 Zone site development standards for buildings that are fifty feet (50') or less in width; and
penalties for the violation of the Zoning Code; and
WHEREAS, to amend the Zoning Code as intended, said incorrect references within Ordinance No. -
6-4245 to specific enumerated sections and subsections within the Zoning Code should be corrected.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. Ordinance No. 06-4245, passed and approved by the City Council December 12, 2006, is
hereby amended as follows:
A. Reference to Section "14-5B-4" in the portion of Amendment #7 deleting said section is hereby
replaced with "subsections 14-5B-4A, 4B, 4C and 40".
B. Reference to "14-4B-4D-9" in the portion of Amendment #10 deleting said paragraph is hereby
replaced with "subparagraphs 14-4B-4D-9a,b,c,d,e and f'.
C. Reference to "14-4B-4D-14" in the portion of Amendment #11 deleting said paragraph is hereby
replaced with "subparagraphs 14-4B-4D-14a,b,c,d,e and f'.
D. Reference to subsection "14-2C-7M" in the portion of Amendment #30 deleting said subsection is
hereby replaced with "paragraphs 14-2C-7M-1 and 2".
E. Reference to subsection "14-2C-BM" in the portion of Amendment #30 deleting said subsection is
hereby replaced with "paragraph 14-2C-BM-1".
F. Reference to subsection "14-7C-5A" in the portion of Amendment #31 deleting said subsection is
hereby replaced with "paragraph 14-7C-5A-1".
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication.
~ssed and approrta this ...2iliJlday of
to..J\ ~ J ~ "'-
MAYOR ~
ATTEST: ~-';A-V) ~ ~AA)
CITY ERK
Fphrl1;::try
,20...QL.
z/;/p7
Ordinance No. 07-4253
Page ---L-
It was moved by Vanderhoef and seconded by
as read be adopted, and upon roll call there were:
O'Donnell that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
X
X
X
X
X
X
First Consideration 2/6/2007
Vote for passage: AYES: Bailey, Champion; Correia, Elliott, 0' Donnell, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Second Consideration ------------------
Vote for passage:
Date published 2/28/2007
Moved by Vanderhoef, seconded by O'Donnell, that the rule requiring ordinances to be '
considered and voted on for passage at two Council meetings prior to the meeting at which it
is to be finally passed be suspended, the second consideration and vote be waived and the
ordinance be voted upon for final passage at this time. AYES: Wilburn, Bailey, Champion,
Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None.
eg,
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 16, ENTITLED "PUBLIC WORKS," CHAPTER 3, ENTITLED "CITY
UTILITIES," ARTICLE A, ENTITLED "GENERAL PROVISIONS," BY AMENDING SECTION 5 TO
ALLOW FOR DEPOSITS TO BE BILLED INSTEAD OF PAID IN ADVANCE WITH PROPER PAYMENT
HISTORY,
WHEREAS, the Department of Finance of the City of Iowa City has begun receiving applications for
water service accounts, wastewater accounts, and/or residential solid waste collection accounts over the
phone, and will soon be able to receive such applications via the City's website; and
WHEREAS, the Department of Finance wishes to be able to bill prospective account holders, with the
exception of persons who previously have been required to post delinquency accounts with the City, for
any required deposits instead of reqUiring deposits upfront; and
WHEREAS, the process of implementing the City Code provision requiring a person establishing a
City utility account to execute a written agreement and the implementation of a record retention system
for said agreements is time-consuming and expensive, and should be repealed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS. Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities,"
Article A, entitled "General Provisions," Section 5, entitled "Establishing City Utility Accounts; Deposits
Required," is hereby amended by deleting Paragraph A in its entirety and by substituting in its place the
following new Paragraph A:
Upon establishing a water service account, a wastewater account and/or a residential solid waste
collection account with the city, the person establishing an account, with the exception of a
residential owner account, shall be required to make a combined account deposit for city
services. The amount of this deposit shall be as provided in the schedule of fees, Title 3, Chapter
4 of this code. Persons who have previously been required to post a delinquent deposit shall be
required to make a combined and/or delinquent deposit before city services are provided.
SECTION II. AMENDMENTS. Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities,"
Article A, entitled "General Provisions," Section 5, entitled "Establishing City Utility Accounts; Deposits
Required:' is hereby amended by deleting Paragraph C in its entirety and by substituting in its place the
following new Paragraph C:
Upon reestablishing one or more accounts as set forth in subsection A of this section, the person
establishing the account(s) shall be required to make an account deposit for city services. The
amount of the deposit shall be as established in the schedule of fees, Title 3, Chapter 4 of this
code. Persons who have previously been required to post a delinquent deposit shall be required
to make a combined and/or delinquent deposit before city services are provided
SECTION 111. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this _ day of
,2007.
MAYOR
ATTEST:
CITY CLERK
Approved by
7
.,.
d-~;;:7
City Attorney's Office
--------~~--"---~----_._--_._~--_._--~-'-_._.-
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES; NAYS; ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
.Wilbum
First Consideration 2/20/2007
Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage;
Date published
-_.._.._-_.^~.----~-_...,,-_._-~---~---_._~-'------'-'"--_._._-,-,~---~_....._,,-,~----_.._-----'----'---_._-,.,.._._.,~_._----~