HomeMy WebLinkAbout2007-08-21 Ordinance
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Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 14 ACRES OF LAND
FROM COUNTY RESIDENTIAL (R) TO LOW DENSITY SINGLE FAMILY RESIDENTIAL
(RS-5) AND APPROXIMATELY 1 :89 ACRES OF LAND FROM COUNTY RESIDENTIAL
(R) TO NEIGHBORHOOD PUBLIC (P-1) LOCATED NORTH OF LOWER WEST
BRANCH ROAD, BRENTWOOD DRIVE, AND BROADMOOR LANE (REZ07-00010)
WHEREAS, the applicant, St. Patrick Church of Iowa City, has requested a rezoning of property located
north of Lower West Branch Road, Brentwood Drive, and Broadmoor Lane from County Residential (R) to
Low Density Single Family Residential (RS-5); and
WHEREAS, the Comprehensive Plan indicates that this area is appropriate for a residential
neighborhood with a mix of housing types; and
WHEREAS, the Iowa City zoning laws acknowledge that the low density single family residential zone is
intended to allow opportunities for certain nonresidential uses, such as schools and religious institutions, that
contribute to the livability of residential neighborhoods; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan, provided that it meets certain conditions addressing the need
within residential neighborhoods for a street network that provides for appropriate traffic circulation, efficient
provision of public and emergency services, and ensures public access to shared open space; and
WHEREAS, Iowa Code 3414.5 (2007) 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 directly caused by the requested change; and
WHEREAS, the owner and applicant 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; and
WHEREAS, to further the goals and objectives of the Comprehensive Plan, the City of Iowa City has
acquired property for future use as a public square along Lower West Branch Road north of Brentwood
Drive and Broadmoor Lane; and
WHEREAS, property owned by the City and intended for public use should be zoned Neighborhood
Public to serve as notice to surrounding property owners that the subject property is intended for public
purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL.
1. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property
described below is hereby reclassified from its current zoning designation of County Residential (R)
to Low Density Single Family Residential (RS-5):
LEGAL DESCRIPTION
A PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 79
NORTH, RANGE 5 WEST OF THE 5TH P,M., AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS.
COMMENCING AT THE CENTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST;
THENCE N 00020'48" W ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID
SECTION 7, A DISTANCE OF 33.00 FEET TO A POINT ON THE PRESENT NORTH 33 FOOT
RIGHT OF WAY LINE FOR LOWER WEST BRANCH ROAD SE AND THE POINT OF
BEGINNING; THENCE CONTINUING N 00020'48" W ALONG SAID WEST LINE, A DISTANCE
OF 1276.72 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 7; THENCE N 89050'44" E ALONG THE NORTH LINE OF
Ordinance No.
Page 2 of 3
THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 7, A DISTANCE OF 532.19
FEET; THENCE S 00001'04" W, A DISTANCE OF 1278.29 FEET TO A POINT ON SAID
PRESENT NORTH 33 FOOT RIGHT OF WAY LINE; THENCE N 89058'56" W ALONG SAID
PRESENT NORTH 33 FOOT RIGHT OF WAY LINE, A DISTANCE OF 54.48 FEET; THENCE
NORTHWESTERLY 37.70 FEET ALONG THE ARC OF A 24.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, WHOSE 33.94 FOOT CHORD BEARS N 44059'19" W; THENCE
N 00001'04" E, A DISTANCE OF 180.02 FEET; THENCE N 89058'56" W, A DISTANCE OF
317.00 FEET; THENCE S 00001'04' W, A DISTANCE OF 180.02 FEET; THENCE
SOUTHWESTERLY 37.70 FEET ALONG THE ARC OF A 24.00 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY, WHOSE 33,94 FOOT CHORD BEARS S 45001'04" W TO A
POINT ON SAID PRESENT NORTH 33 FOOT RIGHT OF WAY LINE; THENCE N89058'56"W
ALONG SAID PRESENT NORTH 33 FOOT RIGHT OF WAY LINE, A DISTANCE OF 104.60
FEET TO THE POINT OF BEGINNING CONTAINING 14.00 ACRES MORE OR LESS
2. The property described below is hereby reclassified from its current zoning designation of County
Residential (R) to Neighborhood Public (P-1):
LEGAL DESCRIPTION
AUDITORS PARCEL 2007075 IS THAT PART OF THE NORTHEAST QUARTER OF SECTION
7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 7; THENCE NORTH 890 38' 15" EAST
182.38 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION
7 TO THE POINT OF BEGINNING; THENCE NORTH 000 21' 45" WEST 167.02 FEET TO THE
BEGINNING OF A 16,00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 900 00' 00" AN ARC DISTANCE OF
25.13 FEET (CHORD BEARING NORTH 440 38' 15" EAST 22.63 FEET); THENCE NORTH 890
38' 15" EAST 177.00 FEET TO THE BEGINNING OF A 16.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY THROUGH A CENTRAL ANGLE
OF 900 00' 00" AN ARC DISTANCE OF 25.13 FEET (CHORD BEARING SOUTH 450 21' 45"
EAST 22.63 FEET); THENCE SOUTH 000 21' 45" EAST 167.02 FEET TO THE SOUTH LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 7; THENCE SOUTH 890 38' 15" WEST
209.00 FEET TO THE POINT OF BEGINNING, CONTAINING 38,140 SQUARE FEET OR 0.88
ACRES.
FOR THE PURPOSE OF THIS DESCRIPTION, THE SOUTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 7 IS ASSUMED TO BEAR NORTH 890 38' 15" EAST,
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 conditional zoning
agreement, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's
expense, upon the final passage, approval and publication of this ordinance and conditional zoning
agreement, 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 V\. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION 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
,2007.
Ordinance No.
Page 3 of 3
MAYOR
ATTEST:
CITY CLERK
APp:?ed by
v4~p.-~, ~{~i?
City Attorney's Office C/rv(d 7
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
that the Ordinance
First Consideration 8/21/2007
Vote for passage: AYES: Wilburn, Champion, Correia, Elliott, O'Donnell, Vanderhoef.
NAYS: Bailey. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ07-00010)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Rellim Farms, L.L.C. (hereinafter "Owner"), and St. Patrick Church of
Iowa City (hereinafter "Applicant");
WHEREAS, Owner is the legal title holder of approximately 14 acres of property located north
of Lower West Branch Road, Brentwood Drive, and Broadmoor Lane (hereinafter "Property");
and
WHEREAS, a public square is being constructed adjacent to this property along Lower West
Branch Road between Brentwood Drive and Broadmoor Lane; and
WHEREAS, this Property will surround three sides of the public square; and
WHEREAS, the Applicant, with the Owner's participation and consent, has requested
annexation and subsequent rezoning of this Property from County Residential (R) to Low
Density Single Family Residential (RS-5) with the intention of developing the property as a
religious/private group assembly use; and
WHEREAS, this large institutional use will increase traffic through the surrounding
neighborhoods, particularly before and after church services; and
WHEREAS, this change in use and rezoning of the large parcel of property creates potential
impediments to vehicular and pedestrian access to the public square and nearby
neighborhoods, as they continue to be developed; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and
determined that, with appropriate conditions for the provision of adequate secondary access and
pedestrian connectivity among the public square, the institution and surrounding neighborhoods
to ensure that this large institutional property is adequately integrated into future residential
neighborhoods, and to facilitate the dispersal of traffic and provide for safe and efficient
provision of public and emergency services, the proposed zoning is in conformance with the
Comprehensive Plan and should be approved with said conditions; and
WHEREAS, Iowa Code 9414.5 (2007) 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 directly caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge and agree that certain conditions and
restrictions are reasonable and necessary to ensure that the development of the Property is
consistent with the Comprehensive Plan, to ensure that the proposed large institutional use is
adequately integrated into future surrounding residential neighborhoods, to provide for safe and
adequate traffic circulation to and around the subject Property, to provide for efficient provision
of public and emergency services, and to ensure that public use of shared public open space,
specifically the public square along Lower West Branch Road, is not impeded; and
ppdadmlagUst pats cza rezO? -Q001 0 (3).doc
1
WHEREAS, to satisfy public needs directly caused by the requested rezoning, the Owner and
Applicant agree to develop the Property in accordance with the terms and conditions of this
Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Rellim Farms, L.L.C. is the legal title holder of the Property legally described as follows:
A part of the Southwest 1/4 of the Northeast 1/4 of Section 7, Township 79 North, Range
5 West of the 5th P.M., and being more particularly described as follows:
Commencing at the Center of Section 7, Township 79 North, Range 5 West; thence N
00020'48" W along the West line of the Northeast 1/4 of said Section 7, a distance of
33.00 feet to a point on the present North 33 foot right of way line for Lower West Branch
Road SE and the point of beginning; thence continuing N 00020'48" W along said West
line, a distance of 1276.72 feet to the Northwest corner of the Southwest 1/4 of the
Northeast 1/4 of said Section 7; thence N 89050'44" E along the North line of the South
1/2 of the Northeast 1/4 of said Section 7, a distance of 532.19 feet; thence S 00001'04"
W, a distance of 1278.29 feet to a point on said present North 33 foot right of way line;
thence N 89058'56" W along said present North 33 foot right of way line, a distance of
54.48 feet; thence Northwesterly 37.70 feet along the arc of a 24.00 foot radius curve,
concave Northeasterly, whose 33.94 foot chord bears N 44059'19" W; thence N
00001'04" E, a distance of 180.02 feet; thence N 89058'56" W, a distance of 317.00 feet;
thence S 00001'04' W, a distance of 180.02 feet; thence Southwesterly 37.70 feet along
the arc of a 24.00 foot radius curve, concave Northwesterly, whose 33,94 foot chord
bears S 45001'04" W to a point on said present North 33 foot right of way line; thence
N89058'56'W along said present North 33 foot right of way line, a distance of 104.60 feet
to the point of beginning containing 14.00 acres more or less.
2. The Owner and Applicant acknowledge and agree that, as a component of the
requested rezoning, the City wishes to ensure conformance with the principles of the
Comprehensive Plan, provide for safe and adequate traffic circulation within
neighborhoods and ensure public access to shared open space. Further, the parties
acknowledge and agree that Iowa Code 9414.5 (2007) 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 directly caused by the
requested zoning.
3. In consideration of the City's rezoning the subject Property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning and subdivision ordinances, as well as the following additional conditions:
a) The Owner and/or Applicant will dedicate to the City, without remuneration from the
City, the land and grant associated construction easements, for two 60-foot wide
public rights-of-way for future street connections to the northeast and northwest
corners of the public square along Lower West Branch Road within 90 days of
approval of the annexation and rezoning of said property in alignments as
determined by the City Engineer; and
b) If the Applicant or any successor in interest develops one or both of the parcels of
ppdadmlagVst pats cza rez07-00010 (3).doc
2
land abutting the east or west sides of the public square, and the connector roads
leading to the northeast and/or northwest corners of the public square have not yet
been constructed, the Applicant or successor in interest will be responsible for
constructing the relevant street connection(s) upon the dedicated right(s)-of-way; and
c) At such time as the Property is developed, the Applicant agrees to construct an 8-
foot wide sidewalk that extends generally east to west across the central portion of
the Property and agrees to grant a public access easement over said sidewalk. The
Applicant and the City agree that the location of this sidewalk will be determined
through the special exception approval process for a religious/private group
assembly use, taking into account the topography, public accessibility, and
integration of the sidewalk into the site plan; and
d) The Owner and/or Applicant will dedicate to the City, without remuneration from the
City, the land and grant associated construction easements for a 50-foot wide public
right-of-way for a future street that will extend across the northern portion of the
Property within 90 days of approval of the annexation and rezoning of said property
in an alignment to be determined by the City Engineer; and
e) At such time as this northern street is constructed, the Applicant agrees to construct
an access drive from the developed portion of the Applicant's property to this
northerly street so that users of the Applicant's property have direct access to t~is
street.
f) If, for whatever reason, the Property is not developed as an institutional use and is
instead proposed for residential development, provisions c) and e) of this agreement
will become null and void and any proposed residential development will be required
to comply with the City's adopted Comprehensive Plan, more specifically the
Northeast District Plan, and all applicable subdivision and zoning standards and
requirements, including construction of necessary infrastructure for said
development.
4. The Owner, Applicant, and City acknowledge and agree that the conditions contained
herein are reasonable and necessary additional conditions to impose on the land under
Iowa Code 9414.5 (2007), and that said additional conditions are imposed to satisfy
public needs that are directly caused by the requested zoning change.
5. The Owner, Applicant, and City acknowledge and agree that in the event the subject
Property is transferred, sold, redeveloped, or subdivided, all redevelopment and
subdivision will conform to the terms of this Conditional Zoning Agreement.
5. The parties acknowledge and agree 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, 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. The Owner and Applicant acknowledge and agree 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.
ppdadmlagUst pats cza rez07-{)0010 (3).doc
3
8. The parties acknowledge and 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
,2007.
Ross Wilburn, Mayor
Rellim Farms, L.L.C. .
ft ~ttu 13, )l1~C&~
By: Henrietta Miller g -1'14 Of
CITY OF IOWA CITY
Marian K. Karr, City Clerk
st.~~ro:~
By: Rw.1 l.i.'l..lp '" I. rlUlYl.'Z, .j..- r;U~l.~i(,/t:.-- )...5&";,1:,(.-
Attest:
e S-13-0 7-
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D. 2007, 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:
ppdadmlagVst pats cza rez07-OOO10 (3).doc
4
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this /4+11 day of 4(t;1IAd , A.D. 2007, before me, the undersigned, a Notary Public
in and for the State of Iowa, sonallyappeared j./e n n-el/a.- {f7,. / Ie r . , to me
personally known, who being by me duly sworn, ~d sfiy that_:Jhe person is"
A-esl d~/t -r (title) of 7~-e II JrPL r-ar.r?1S L L.,C .
and that said instrument was signed on behalf of the said limited liability company by authority of
its managers and the said PiYSlcl-e~d acknowledged the execution of said
instrument to be the voluntary act and deed of said limited liability company by it voluntarily
executed.
~ C (t-e- ;II:: -II-/e-.
Notary Public in and for the State of Iowa
My commission expires:
CORPORATE ACKNOWLEDGEMENT:
['\'"~'4[ J' 1- KELLlE K. TUTTLE
IJ.'.... ~I Co",mission i\Urr,.ber 221819
't' lOW' My C4J!i~s1:n j;:.?f5ires
--'-'~-----2:f_SI-Q.K_-
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this I t;HL- day of -!-, AD. 2007, before me, the undersigned, a
Notary Public in and for the St of Iowa, personally appeared ~I 01 pit r ~ u..e:{ re L-
and red eoc:..J::- -4. Sch/~he r , to me personally known, who, being by me duly sworn,
did say that they are the "c::ls-f-or and VJ" re.c-for , respectively,
of said corporation executing the within and foregoing instrument to which this is attached; that
said instrument was sjQned on behalf of said corporation by authority of its Board of Directors; and
that the said tM.-:f12r and n / ree--A:;;> R- as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
/~ ((;-<.. K -;;;: -lile
Notary Public in and for said County and State
My commission expires:
r":~'A[! VEil 'C K TUTT
IAI,*"<{:-!0 .,.--.1",.",' LE
.~ ,~~;'j"'A ,......'T1:"n'''' ..r-, t"i "",.." ...
1< ~'''<l.:'k' '1'- vv,""",~s!..n "",,,~e, 221819
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c,_..,"._.;.,..___'::i:... 'S}{L .....____..l
ppdadmlagVst pats cza razO? -00010 (3).doc
5
Page 1 of 1
~~
Marian Karr
From:
Sent:
To:
Cc:
Karen Howard
Thursday, August 16, 2007 9:27 AM
Marian Karr
Jeff Davidson
Subject: FW: CONDITIONAL ZONING AGREEMENT
From: fcsch ieber@aol.com [mailto :fcschieber@aol.com]
Sent: Wednesday, August 15, 2007 8:17 PM
To: Karen Howard
Subject: CONDmONAL ZONING AGREEMENT
To the Members of the Iowa City City Council
410 E Washington Street
Iowa City, Iowa
St Patrick Catholic Church of Iowa City requests that you collapse the required readings regarding the
annexation and rezoning so that the proceedings may be expedited to the maximum. This will allow us
to close on the property and commence our construction at the earlies possible time.
Thank you for your consideration.
Frederick A Schieber
AOL now offers free email to everyone. Find out more about what's free fromAOL at AOL.c.om.
8/1612007
M11
I
b (;
Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO. 07-u.?71
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 15.42 ACRES OF LAND
LOCATED SOUTH AND WEST OF WHISPERING MEADOWS DRIVE FROM MEDIUM DENSITY
SINGLE FAMILY RESIDENTIAL (RS-8) TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS-12)
(REZ006-00025)
WHEREAS, the applicant, MBHG Investment Co., Inc., has requested a rezoning of property located
South and West of Whispering Meadows Drive from Medium Density Single Family Residential (RS-8) to
High Density Single Family Residential (RS-12); and
WHEREAS, the Comprehensive Plan indicates that this area is appropriate for duplex and small lot
single family residential development; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the
need for adequate secondary access and street connectivity between neighborhoods; and
WHEREAS, Iowa Code 9414.5 (2005) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owner and applicant 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 RS-8 to RS-12:
LEGAL DESCRIPTION
COMMENCING AT THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2003100, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED
IN BOOK 46, AT PAGE 155, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S
OFFICE; THENCE SOoo02'42"W, ALONG THE EAST LINE OF SAID
AUDITORS PARCEL 2003100, A DISTANCE OF 127.00 FEET; THENCE N89057'18"W ALONG
SAID EAST LINE, 12.29 FEET; THENCE SOoo02'42"W ALONG EAST LINE 33.00 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING SOoo02'42"W ALONG SAID EAST LINE,
170.50 FEET; THENCE S89057'18"E ALONG SAID EAST LINE, 298.23 FEET; THENCE
SOoo02'42"W ALONG SAID EAST LINE, 137:50 FEET; THENCE N89057'18"W ALONG SAID
EAST LINE, 20.00 FEET; THENCE SOoo02'42"W ALONG SAID EAST LINE, 175.00 FEET;
THENCE S05044'59"E ALONG SAID EAST LINE, 159.34 FEET; THENCE S16040'29"W ALONG
SAID EAST LINE, 114.86 FEET; THENCE S01 038'48"E ALONG SAID EAST LINE, 8.20 FEET;
THENCE N88029'50"W, 111.79 FEET; THENCE S78051 '22"W, 236.93 FEET; THENCE
S89033'59"W, 584.90 FEET; THENCE NOo026'01"W, 270.88 FEET; THENCE N35027'47"E,
54.47 FEET; THENCE N16003'10"E, 215.73 FEET; THENCE NOoo02'42"E, 292.17 FEET;
THENCE S89057'18"E, 433.17 FEET; THENCE SOUTHEASTERLY, 22.80 FEET, ALONG THE
ARC OF A 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 22.79
FOOT CHORD BEARS S88019'20"E; THENCE S86041'22"E, 100.00 FEET; THENCE
SOUTHEASTERLY 22.80 FEET ALONG THE ARC OF A 400.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, WHOSE 22.79 FOOT CHORD BEARS S88019'20"E TO THE
POINT OF BEGINNING, CONTAINING 15.42 ACRES, AND SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
Ordinance No. 07-4273
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 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.
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.
Q:drJ]t: August
MAYOR -
I 20....llL-.
ATTEST:~1<. ~
CI LERK
Approved by
/4u~--J; ~-t7??J ilJ1l,/;;l(;2c57J7
City Attorney's Office (/~. ~
Ordinance No. 07-4273
Page -L
It was moved by Vanderhoef and seconded by
as read be adopted, and upon roll call there were:
Correia
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
x
X
X
X
x
x
X
First Consideration 7/24/2007
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Bailey.
NAYS: None. ABSENT: Wilburn.
Second Consideration ------------------
Vote for passage:
Date published 8 /29 / 2007
Moved by Vanderhoef, seconded by Champion, that the rule requ1r1ng 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, Champior.
Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None.
[Same CZA for Ord. 07- 4271 and 07- 4274]
Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REl06-00026)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Barker Development Co. (hereinafter "Owner"), and MBHG Investment
Co., Inc. (hereinafter "Applicant");
WHEREAS, Owner is the legal title holder of approximately 34.86 acres of property located west
of Whispering Meadows, Part 2; and
WHEREAS, the Applicant, with the Owner's participation and consent, has requested the
rezoning of a portion (approximately 15.42 acres) of said property from Medium Density Single
Family Residential (RS-8) to High Density Single Family Residential (RS-12) and subsequent to
this rezoning, requested a rezoning of the entire 34.86 acres of land from Medium Density
Single Family Residential (RS-8) and High Density Single Family Residential (RS-12) to
Planned Development Overlay 8 (OPD-8) and Planned Development Overlay 12 (OPD-12),
respectively; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezonings and
determined that, with appropriate conditions regarding adequate secondary access and street
connectivity between neighborhoods and conditions addressing approval of wetland mitigation,
monitoring, and long term maintenance of wetlands created in compensation for wetlands
disturbed during development of the property, the proposed zoning is in conformance with the
Comprehensive Plan and should be approved with said conditions; and
WHEREAS, Iowa Code ~414.5 (2007) 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 directly caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge and agree that certain conditions and
restrictions are reasonable and necessary to ensure the development of the property is
consistent with the Comprehensive Plan, to provide for safe and adequate traffic circulation
between neighborhoods, to ensure that streets are not overburdened with traffic, and to provide
for efficient provision of public and emergency services; and
WHEREAS, the Owner and Applicant acknowledge and agree that the increased development
potential that will result due to the requested up-zoning of the subject property along with the
proposed disturbance of a significant portion of the sensitive features will make it necessary to
construct off-site improvements, namely the extension of Whispering Meadows Drive, a
collector street, across the abutting public property (Sycamore Greenway) to provide necessary
secondary access to relieve traffic congestion on Lakeside Drive, a collector street, which would
otherwise be overburdened with traffic generated by the proposed development; and
WHEREAS, the City acknowledges the importance of providing affordable housing and in
response to good faith efforts on the part of the Owner and Applicant to provide affordable
housing, the City finds it reasonable to reimburse the developer for half the cost of constructing
the aforementioned street connection across the Sycamore Greenway; and
ppdadmlagUrez06-OOO2625 whispering mead 4 combined cza (2)
1
WHEREAS, the Owner and Applicant acknowledge and agree that certain conditions and
restrictions are reasonable and necessary to protect, mitigate, monitor, and maintain wetland
areas during and after development of the subject property; and
WHEREAS, to satisfy public needs directly caused by the requested rezonings, the Owner and
Applicant agree to develop the subject 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. Barker Development Co. is the legal title holder of the property legally described as
follows:
A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 23 AND A PORTION OF THE
SOUTHWEST ONE-QUARTER OF SECTION 24, ALL IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF
THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE
DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2003100
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S89033'59"W,
ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23, A
DISTANCE OF 1318.71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23; THENCE N00002'18"E,
1121.93 FEET TO THE SOUTHWEST CORNER OF LOT 13, LAKESIDE ADDITION TO IOWA CITY,
IOWA ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE
99 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S89057'18"E, ALONG THE
SOUTHERLY LINE OF SAID LAKESIDE ADDITION TO IOWA CITY, IOWA, 1175.00 FEET TO THE
NORTHWEST CORNER OF LOT 174, WHISPERING MEADOWS SUBDIVISION, PART TWO, TO
IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK
34 AT PAGE 99 IN SAID RECORDER'S RECORDS; THENCE S00002'42"W, ALONG A WESTERLY
LINE OF SAID WHISPERING MEADOWS SUBDIVISION, PART TWO, 127.00 FEET; THENCE
N89057'18"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 12.29 FEET; THENCE
SOoo02'42'W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 203.50 FEET TO THE
SOUTHWEST CORNER OF LOT 167 OF SAID SUBDIVISION; THENCE S89057'18"E, ALONG THE
SOUTHERLY LINES OF SAID LOT 167 AND LOTS 166,165,164,163,162 AND PART OF LOT 161, A
DISTANCE OF 298.23 FEET TO THE NORTHWEST CORNER OF LOT 154 OF SAID SUBDIVISION;
THENCE SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 137.50 FEET; THENCE
N89057'18"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 20.00 FEET; THENCE
SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 175.00 FEET; THENCE
S05044'59"E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 159.34 FEET TO THE
SOUTHWEST CORNER OF LOT 150 OF SAID SUBDIVISION; THENCE S16040'29"W, ALONG A
WESTERLY LINE OF SAID SUBDIVISION, 114.86 FEET; THENCE S01038'48"E, ALONG A WESTERLY
LINE OF SAID SUBDIVISION, 196.14 FEET TO THE SOUTHWEST CORNER OF LOT 147 OF SAID
SUBDIVISION; THENCE S88021'05"W, 111.19 FEET TO THE POINT OF BEGINNING, CONTAINING
34.86 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
2. The Owner and Applicant acknowledge and agree that the City wishes to ensure
conformance to the principles of the Comprehensive Plan, provide for safe and adequate
traffic circulation between neighborhoods, protect sensitive environmental features within
the City, and provide opportunities for affordable housing. Further, the parties
acknowledge and agree that Iowa Code 9414.5 (2007) provides that the City of Iowa
ppdadmJagtlrez06-QO02625 whispering mead 4 combined cza (2) 2
City may impose reasonable conditions on granting an applicant's rezoning request, over
and above the existing regulations, in order to satisfy public needs directly caused by the
requested zoning change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning and subdivision ordinances, as well as the following additional conditions:
a) The Owner and/or Applicant will be responsible for extending Whispering Meadows
Drive to the western edge of the Sycamore Greenway in an alignment determined by
the City Engineer; and
b) The Owner and/or Applicant will be responsible for extending Blazing Star Drive
across City-owned property as illustrated on the plat in an alignment approved by the
City Engineer; and
c) The City will reimburse the applicant for one-half of the reasonable cost of
construction of the portion of Whispering Meadows Drive that crosses the Sycamore
Greenway and Owner/Applicant shall document said cost prior to reimbursement;
and
d) The City shall reimburse the applicant for the reasonable cost of the excess
pavement required to meet collector street standards over that required for a 28-foot
wide local street for the entire length of the extension of Whispering Meadows Drive
through the subject development and to the western edge of the Sycamore
Greenway and Owner/Applicant shall document said cost prior to reimbursement;
and
e) The City shall reimburse the Owner and/or Applicant its share of the costs outlined in
(c) and (d) above within thirty (30) days of the City's acceptance of the constructed
Whispering Meadows Drive as a public improvement, provided the owner/applicant
has provided documentation of said cost; and
f) The Owner and/or Applicant will make a good faith effort to provide housing within
the subject development that is affordable to residents with incomes at or below the
Iowa City area median income and specifically use best efforts to encourage non-
profit groups in the business of providing affordable housing to consider Whispering
Meadows Part IV as a possible location for their projects. The Owner and/or
Applicant will not discriminate against such groups and will act in a reasonable
manner when presented with affordable housing projects in this development; and
g) The City will provide for temporary construction easements on city property to allow
for the construction of Whispering Meadows Drive across the Sycamore Greenway
and for the extension of Blazing Star Drive across City owned property as illustrated
on the plat. Upon concurrence by the City Attorney's Office, the Director of Public
Works is hereby authorized to execute those agreements on behalf of the City; and
h) The wetland mitigation plan must be approved by the Army Corps of Engineers and
all other applicable State and Federal agencies prior to any development activity on
the subject property; and
ppdadmlagUrez06-OOO2625 whispering mead 4 combined cza (2)
3
i) Copies of all site visit reports and annual monitoring reports submitted to the Army
Corps of Engineers will be sent concurrently to the City; and
j) The wetland mitigation site will be monitored by a wetland specialist for a period of
not less than 5 years and continuing until 85% of the lots abutting the wetlands are
developed and the other 15% of the lots abutting the wetlands are stabilized from
erosion. Written reports by the wetland specialist shall be submitted to the City after
every site visit and at least 3 site visits and reports shall occur per construction
season, which for purposes of this agreement is defined as March 1 to October 31.
The Owner and/or Applicant shall promptly repair any noted damage to the wetlands
during the monitoring period; and
k) Prior to final platting any portion of the subject property, the Owner/Applicant shall
submit a maintenance plan prepared by a wetland specialist and approved by the
City that estimates maintenance costs for the wetland areas and private open space
within Outlots A and B, specifically details long term maintenance responsibilities,
and describes generally to whom these responsibilities will be assigned; and
4. The Owner, the Applicant, and the City acknowledge and agree that the conditions
contained herein are reasonable and necessary additional conditions to impose on the
land under Iowa Code ~414.5 (2007), and that said additional conditions are imposed to
satisfy public needs that are directly caused by the requested zoning change.
5. The Owner, the Applicant, and the City acknowledge and agree that in the event the
subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will
conform to the terms of this Conditional Zoning Agreement.
6. The parties acknowledge and agree 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. The Owner and Applicant acknowledge and agree 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 acknowledge and 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 ,;;J. c..; day of ::) "''' ~
crz:t:)L
Ross Wilburn, Mayor
,20 01 .
Attest:
BARKER DEVELOPMENT COMPANY
f2 CJI-( ~.l~
By: f,ciJe,t f!U~~t.I
MBHG INVESTMENT COMPANY, INC.
ppdadm/agUrez06-OOO2625 whispering mead 4 combined cza (2)
4
~~~.~
Marian K. Karr, City Clerk
~~
By: 5tt."J~ GoreY c:r'\
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Sf
On this d./ day of AUG,()..sr , A.D. 20..QL, 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 voluntaril executed.
~ SONDRAE FORT
o 1. Commission Number 159791
. . My Commission ~ires
w 3 7 00
Sc-Y\dMu- ~-b
Notary Public in and for the State of Iowa
My commission expires: <3/'7/c1av'j
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this :;1' day of -:5 c..I.. ('1 , A.D. 20 07 ,before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared /loin,.. /- h".ee,.
and P ~ , to me personally known, who, being by me duly sworn,
did say that they are the ,LJ/-ec..{ot,,,,t . and fVA , 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 (and
sealed) on behalf of (the seal affixed the~to i~ the seal of said) said corporation by authority of its
Board of Directors; and that the said r/"~(..(ck>..",-t- and (\)A as
such officers acknowledged the execution of said instrument to be the voluntary act and deed of
said corporation, by it and by them voluntarily executed. ,
~A cW
Notary Public in and for said County and State
My commission expires: OC1j;tJ/cf;j
ppdadmlaglfrez06.0002625 whispering mead 4 combined cza (2)
5
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this '7r' day of ::rut..., , AD. 20~, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared
~-{-~v.-{ 6o~~"'" , to me personally known, who being by me duly sworn,
did say that the person is m~ J'Y' ~"("' (title) of
m g H ~. ~" ()l~.f.~^t- ~...p.o."". 1:......, and that said instrument was signed on behalf of the
said limited liability company by authority of its managers and the said
l11 e hfg.~.r acknowledged the execution of said instrument to be the voluntary
act and deed of said iimned liability company by n ;;;:riIY;;;;Jd.
Notary Public in and for the State of Iowa
My commission expires: tJ 'l1" /~:1 J)
UN~,f
~.$'{I' SHANNON DB STRANO
~':':' ~ CommiSSion NumtJ~1 718404
. My Comml lOt Expires
tow... c.:7. /"'t1. C. -
ppdadm/agt/rez06-OOO2625 whispering mead 4 combined cza (2)
6
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Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO. 07-4774
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 34.86 ACRES OF LAND
LOCATED SOUTH AND WEST OF WHISPERING MEADOWS DRIVE FROM MEDIUM DENSITY
SINGLE FAMILY RESIDENTIAL (RS-8) AND HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS-
12) TO PLANNED DEVELOPMENT OVERLAY 8 (OPD-8) AND PLANNED DEVELOPMENT
OVERLAY 12 (OPD-12) (REZ06-00026)
WHEREAS, the applicant, MBHG Investment Co., Inc., has requested a rezoning of property located
South and West of Whispering Meadows Drive from Medium Density Single Family Residential (RS-8) and
High Density Single Family Residential (RS-12) to Planned Development Overlay 8 (OPD-8) and Planned
Development Overlay 12 (OPD-12); and
WHEREAS, the Comprehensive Plan indicates that this area has sensitive environmental features,
including a stream corridor, wetlands, woodlands, and hydric soils that must be taken into account and
protected if property is proposed for development; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan provided that it meets conditions addressing approval of
wetland mitigation, monitoring, and long term maintenance of wetlands created in compensation for wetlands
disturbed during development of the property; 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 owner and applicant 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 RS-8 and RS-
12 to OPD-8 and OPD-12:
LEGAL DESCRIPTION
A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 23 AND A PORTION OF THE
SOUTHWEST ONE-QUARTER OF SECTION 24, ALL IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF
THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE
DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2003100
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S89033'59"W,
ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23, A
DISTANCE OF 1318.71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23; THENCE NOoo02'18"E,
1121.93 FEET TO THE SOUTHWEST CORNER OF LOT 13, LAKESIDE ADDITION TO IOWA CITY,
IOWA ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE
99 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S89057'18"E, ALONG THE
SOUTHERLY LINE OF SAID LAKESIDE ADDITION TO IOWA CITY, IOWA, 1175.00 FEET TO THE
NORTHWEST CORNER OF LOT 174, WHISPERING MEADOWS SUBDIVISION, PART TWO, TO
IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK
34 AT PAGE 99 IN SAID RECORDER'S RECORDS; THENCE SOoo02'42"W, ALONG A WESTERLY
Ordinance No. 07 -4 2 7 4
Page 2
LINE OF SAID WHISPERING MEADOWS SUBDIVISION, PART TWO, 127.00 FEET; THENCE
N89057'18"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 12.29 FEET; THENCE
SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVlSION, 203.50 FEET TO THE
SOUTHWEST CORNER OF LOT 167 OF SAID SUBDIVISION; THENCE S89057'18"E, ALONG THE
SOUTHERLY LINES OF SAID LOT 167 AND LOTS 166,165,164,163,162 AND PART OF LOT 161, A
DISTANCE OF 298.23 FEET TO THE NORTHWEST CORNER OF LOT 154 OF SAID SUBDIVISION;
THENCE SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 137.50 FEET; THENCE
N89OS7'18"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 20.00 FEET; THENCE
SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 175.00 FEET; THENCE
S05044'59"E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 159.34 FEET TO THE
SOUTHWEST CORNER OF LOT 150 OF SAID SUBDIVISION; THENCE S16040'29"W, ALONG A
WESTERLY LINE OF SAID SUBDIVISION, 114.86 FEET; THENCE S01038'48"E, ALONG A WESTERLY
LINE OF SAID SUBDIVISION, 196.14 FEET TO THE SOUTHWEST CORNER OF LOT 147 OF SAID
SUBDIVISION; THENCE S88021'05"W, 111.19 FEET TO THE POINT OF BEGINNING, CONTAINING
34.86 ACRES AND IS 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.
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.
edandU~Au~ust
, 20-D.L.
ATTEST: n1.-", ."IU) ~ ~
~
Appr ed by
cu.:i '" ~?f?r:jJ ~/rJ/c))
City Attorney's Office
Ordinance No. 07-4274
Page ~
It was moved by V;mdernoef and seconded by Correia
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Consideration 7 /24/2007
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Bailty.
NAYS: None. ABSENT: Wilburn.
Second Consideration ------------------
Vote for passage:
Date published
8/29/2007
[Same CZA for Ord. 07- 4271 and 07- 4274]
Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REl06-00026)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Barker Development Co. (hereinafter "Owner"), and MBHG Investment
Co., Inc. (hereinafter "Applicant");
WHEREAS, Owner is the legal title holder of approximately 34.86 acres of property located west
of Whispering Meadows, Part 2; and
WHEREAS, the Applicant, with the Owner's participation and consent, has requested the
rezoning of a portion (approximately 15.42 acres) of said property from Medium Density Single
Family Residential (RS-8) to High Density Single Family Residential (RS-12) and subsequent to
this rezoning, requested a rezoning of the entire 34.86 acres of land from Medium Density
Single Family Residential (RS-8) and High Density Single Family Residential (RS-12) to
Planned Development Overlay 8 (OPD-8) and Planned Development Overlay 12 (OPD-12),
respectively; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezonings and
determined that, with appropriate conditions regarding adequate secondary access and street
connectivity between neighborhoods and conditions addressing approval of wetland mitigation,
monitoring, and long term maintenance of wetlands created in compensation for wetlands
disturbed during development of the property, the proposed zoning is in conformance with the
Comprehensive Plan and should be approved with said conditions; and
WHEREAS, Iowa Code 9414.5 (2007) 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 directly caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge and agree that certain conditions and
restrictions are reasonable and necessary to ensure the development of the property is
consistent with the Comprehensive Plan, to provide for safe and adequate traffic circulation
between neighborhoods, to ensure that streets are not overburdened with traffic, and to provide
for efficient provision of public and emergency services; and
WHEREAS, the Owner and Applicant acknowledge and agree that the increased development
potential that will result due to the requested up-zoning of the subject property along with the
proposed disturbance of a significant portion of the sensitive features will make it necessary to
construct off-site improvements, namely the extension of Whispering Meadows Drive, a
collector street, across the abutting public property (Sycamore Greenway) to provide necessary
secondary access to relieve traffic congestion on Lakeside Drive, a collector street, which would
otherwise be overburdened with traffic generated by the proposed development; and
WHEREAS, the City acknowledges the importance of providing affordable housing and in
response to good faith efforts on the part of the Owner and Applicant to provide affordable
housing, the City finds it reasonable to reimburse the developer for half the cost of constructing
the aforementioned street connection across the Sycamore Greenway; and
ppdadmlagUrez06-OO02625 whispering mead 4 combined cza (2)
1
WHEREAS, the Owner and Applicant acknowledge and agree that certain conditions and
restrictions are reasonable and necessary to protect, mitigate, monitor, and maintain wetland
areas during and after development of the subject property; and
WHEREAS, to satisfy public needs directly caused by the requested rezonings, the Owner and
Applicant agree to develop the subject 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. Barker Development Co. is the legal title holder of the property legally described as
follows:
A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 23 AND A PORTION OF THE
SOUTHWEST ONE-QUARTER OF SECTION 24, ALL IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF
THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE
DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2003100
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S89033'59"W,
ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23, A
DISTANCE OF 1318.71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23; THENCE NOoo02'18"E,
1121.93 FEET TO THE SOUTHWEST CORNER OF LOT 13, LAKESIDE ADDITION TO IOWA CITY,
IOWA ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE
99 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S89057'18"E, ALONG THE
SOUTHERLY LINE OF SAID LAKESIDE ADDITION TO IOWA CITY, IOWA, 1175.00 FEET TO THE
NORTHWEST CORNER OF LOT 174, WHISPERING MEADOWS SUBDIVISION, PART TWO, TO
IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK
34 AT PAGE 99 IN SAID RECORDER'S RECORDS; THENCE SOoo02'42'W, ALONG A WESTERLY
LINE OF SAID WHISPERING MEADOWS SUBDIVISION, PART TWO, 127.00 FEET; THENCE
N89057'18"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 12.29 FEET; THENCE
SOoo02'42'W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 203.50 FEET TO THE
SOUTHWEST CORNER OF LOT 167 OF SAID SUBDIVISION; THENCE S89057'18"E, ALONG THE
SOUTHERLY LINES OF SAID LOT 167 AND LOTS 166, 165, 164, 163, 162 AND PART OF LOT 161, A
DISTANCE OF 298.23 FEET TO THE NORTHWEST CORNER OF LOT 154 OF SAID SUBDIVISION;
THENCE SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 137.50 FEET; THENCE
N89057'18"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 20.00 FEET; THENCE
SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 175.00 FEET; THENCE
S05044'59"E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 159.34 FEET TO THE
SOUTHWEST CORNER OF LOT 150 OF SAID SUBDIVISION; THENCE S16040'29"W, ALONG A
WESTERLY LINE OF SAID SUBDIVISION, 114.86 FEET; THENCE S01038'48"E, ALONG A WESTERLY
LINE OF SAID SUBDIVISION, 196.14 FEET TO THE SOUTHWEST CORNER OF LOT 147 OF SAID
SUBDIVISION; THENCE S88021'05"W, 111.19 FEET TO THE POINT OF BEGINNING, CONTAINING
34.86 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
2. The Owner and Applicant acknowledge and agree that the City wishes to ensure
conformance to the principles of the Comprehensive Plan, provide for safe and adequate
traffic circulation between neighborhoods, protect sensitive environmental features within
the City, and provide opportunities for affordable housing. Further, the parties
acknowledge and agree that Iowa Code ~414.5 (2007) provides that the City of Iowa
ppdadm/agUrez06-0002625 whispering mead 4 combined cza (2)
2
City may impose reasonable conditions on granting an applicant's rezoning request, over
and above the existing regulations, in order to satisfy public needs directly caused by the
requested zoning change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning and subdivision ordinances, as well as the following additional conditions:
a) The Owner and/or Applicant will be responsible for extending Whispering Meadows
Drive to the western edge of the Sycamore Greenway in an alignment determined by
the City Engineer; and
b) The Owner and/or Applicant will be responsible for extending Blazing Star Drive
across City-owned property as illustrated on the plat in an alignment approved by the
City Engineer; and
c) The City will reimburse the applicant for one-half of the reasonable cost of
construction of the portion of Whispering Meadows Drive that crosses the Sycamore
Greenway and Owner/Applicant shall document said cost prior to reimbursement;
and
d) The City shall reimburse the applicant for the reasonable cost of the excess
pavement required to meet collector street standards over that required for a 28-foot
wide local street for the entire length of the extension of Whispering Meadows Drive
through the subject development and to the western edge of the Sycamore
Greenway and Owner/Applicant shall document said cost prior to reimbursement;
and
e) The City shall reimburse the Owner and/or Applicant its share of the costs outlined in
(c) and (d) above within thirty (30) days of the City's acceptance of the constructed
Whispering Meadows Drive as a public improvement, provided the owner/applicant
has provided documentation of said cost; and
f) The Owner and/or Applicant will make a good faith effort to provide housing within
the subject development that is affordable to residents with incomes at or below the
Iowa City area median income and specifically use best efforts to encourage non-
profit groups in the business of providing affordable housing to consider Whispering
Meadows Part IV as a possible location for their projects. The Owner and/or
Applicant will not discriminate against such groups and will act in a reasonable
manner when presented with affordable housing projects in this development; and
g) The City will provide for temporary construction easements on city property to allow
for the construction of Whispering Meadows Drive across the Sycamore Greenway
and for the extension of Blazing Star Drive across City owned property as illustrated
on the plat. Upon concurrence by the City Attorney's Office, the Director of Public
Works is hereby authorized to execute those agreements on behalf of the City; and
h) The wetland mitigation plan must be approved by the Army Corps of Engineers and
all other applicable State and Federal agencies prior to any development activity on
the subject property; and
ppdadm/agt/rez06-0002625 whispering mead 4 combined cza (2)
3
i) Copies of all site visit reports and annual monitoring reports submitted to the Army
Corps of Engineers will be sent concurrently to the City; and
j) The wetland mitigation site will be monitored by a wetland specialist for a period of
not less than 5 years and continuing until 85% of the lots abutting the wetlands are
developed and the other 15% of the lots abutting the wetlands are stabilized from
erosion. Written reports by the wetland specialist shall be submitted to the City after
every site visit and at least 3 site visits and reports shall occur per construction
season, which for purposes of this agreement is defined as March 1 to October 31.
The Owner and/or Applicant shall promptly repair any noted damage to the wetlands
during the monitoring period; and
k) Prior to final platting any portion of the subject property, the Owner/Applicant shall
submit a maintenance plan prepared by a wetland specialist and approved by the
City that estimates maintenance costs for the wetland areas and private open space
within Outlots A and B, specifically details long term maintenance responsibilities,
and describes generally to whom these responsibilities will be assigned; and
4. The Owner, the Applicant, and the City acknowledge and agree that the conditions
contained herein are reasonable and necessary additional conditions to impose on the
land under Iowa Code S414.5 (2007), and that said additional conditions are imposed to
satisfy public needs that are directly caused by the requested zoning change.
5. The Owner, the Applicant, and the City acknowledge and agree that in the event the
subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will
conform to the terms of this Conditional Zoning Agreement.
6. The parties acknowledge and agree 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. The Owner and Applicant acknowledge and agree 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 acknowledge and 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 ,;;< <I day of '5", \. '1
,20 01 .
ccz:.uL
Ross Wilburn, Mayor
BARKER DEVELOPMENT COMPANY
/2 CJ1/ ~l~
By: p,()IJUi- f!)i..~t.'r
MBHG INVESTMENT COMPANY, INC.
Attest:
ppdadmlagUrez06-OOO2625 whispering mead 4 combined cza (2)
4
~~. kl--uJ
Marian K. Karr, City Clerk
~~
By: 5feJ'0 Gord 1:'1
7-Z,/-cJ7
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Sf A
On this d./ day of U<;u...Sr , A.D. 20.J2..L, 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 voluntaril executed.
~ SONDRAEFORT
o ~ Commission Number 159791
.. .. My Commission ~ires
lOW 3 1 ' t:JO
So-r1diuu- & -b
Notary Public in and for the State of Iowa
My commission expires: <$/ '7/:1C'C7
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this d'Y day of -:5 c..d '" , A.D. 20 07 ,before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared 1/06,,..;- ~Peu-.
and tJ IA , to me personally known, who, being by me duly sworn,
did say that they are the 'p/'Cl-(dt,,,,j and fUll , 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 (and
sealed) on behalf of (the seal affixed the~to i~ the seal of said) said corporation by authority of its
Board of Directors; and that the said r"<.,(tk~ and {\)I\ as
such officers acknowledged the execution of said instrument to be the voluntary act and deed of
said corporation, by it and by them voluntarily executed. r
~/1 frY
Notary Public in and for said County and State
My commission expires: O<J/ltJ/d;j
ppdadmlagUrez06-QO02625 whispering mead 4 combined cza (2)
5
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 7( day of ':Ju I.., , A.D. 20~, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared
~1-~u'-( 6~~~'n , to me personally known, who being by me duly sworn,
did say that the person is m~,.,.. ~ r (title) of
m g H ~. ~n cJH~-f'tN'^+- ~~h", !l:.. (" I and that said instrument was signed on behalf of the
said limited liability company by authority of its managers and the said
l11e>>f#~.r acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company by it voluntarily executed.
;;;t$~ ,W
Notary Public in and for the State of Iowa
My commission expires: tl 'l1tf /~:i J)
4./1 U
~.r SHANNON 08 STRAND
z ."" ~ CommiSSion NumtJel 718404
.- . My Comm. lOr EXPires
'9W~ 0.. i/c';:r-
ppdadmlagt/rez06-QO02625 whispering mead 4 combined cza (2)
6
0,f2
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\
",.
Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
ORDINANCE NO. 07-4'J7,)
AN ORDINANCE REZONING APPROXIMATELY 2.35 ACRES OF PROPERTY LOCATED AT 802 S.
CLINTON STREET FROM INTENSIVE COMMERCIAL (CI-1) ZONE TO NEIGHBORHOOD PUBLIC (P-1)
ZONE. (REZ07-00009)
WHEREAS, the applicant, Johnson County, has requested a rezoning of property located at 802 South
Clinton Street from Intensive Commercial (CI-1) to Neighborhood Public (P-1); and
WHEREAS, the Iowa City Zoning Code requires that all publicly owned land be zoned public; and
WHEREAS, the applicant's proposed use of said property for office space is compatible with surrounding
land uses; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed
rezoning; and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from its current zoning
classification of Intensive Commercial (CI-1) to Neighborhood Public (P-1) is hereby approved:
The city block lying adjacent to and east of South Clinton Street, adjacent to and west of South
Dubuque Street, and adjacent to and north of Benton Street, more particularly described as: Block
27, plat of an Addition of lots to Iowa City, as laid off as the County Seat of Johnson County, laid off
by F.H. Lee, County Agent, June 20,1842, according to the plat thereof recorded in Book 1 & 2,
Page 301, Deed Records of Johnson County, Iowa, including all of Lots 1 through 8 of said block 27
and the Vacated Alley described in Book 4059, Page 585 of the Records of the Johnson County
Recorder.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County,
Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as
provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law,
P and approved this 21stdayof August ,20-12L.
ATTEST: ~./~ ~~
C . CLERK
APPro,d. by //
_ \/~-?/?r ~ ~u~
City Attorney's Office (/J;0/ /o'~
Ordinance No. 07-4275
Page ~
It was moved by Bailey and seconded by
as read be adopted, and upon roll call there were:
Champion
that the Ordinance
AYES: NAYS: ABSENT:
ABSTAIN:
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
x
x
x
x
x
First Consideration 7 /l0/2007
Vote for passage: AYES: Bailey, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn.
NAYS: None. ABSENT: None. ABSTAIN: Correia
Second Consideration 7/24/2007
Vote for passage: AYES: Bailey, Champion, Elliott, O'Donnell, Vanderhoef. NAYS:
None. ABSENT: Wilburn. ABSTAIN: Correia.
Date published 8/29/2007
,
V\[
i ir-
\
Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
ORDINANCE NO. 07-4276
AN ORDINANCE VACATING A PORTION OF COURT STREET RIGHT-OF-WAY BETWEEN
CLINTON STREET AND CAPITOL STREET. (VAC07-00003)
WHEREAS, the applicant, Jeff Clark, has requested a vacation of a portion of the Court Street right-of-
way; and
WHEREAS, the Planning and Zoning Commission has found that the portion of Court Street in question
serves no public purpose, other than for underground utilities, and is not likely to do so in the future; and
WHEREAS; the Planning and Zoning Commission has recommended approval of the requested
vacation, subject to retention of a utility easement; 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, subject to retention
of a utility easement:
Beginning at the Southwest comer of Lot 4, Block 101 of the Original Town of Iowa City according to
plat thereof, recorded in Plat Book 1 at page 116 in the records of the Johnson County Recorder;
thence N89013'20"E, along the South line of said Block 101, a distance of 50.01 feet; thence
SOOo47'25"E, 3.13 feet; thence S89013'20"W, 50.01 feet; thence NOOo44'57"W, 3.13 feet to the point
of beginning, containing 0.004 acre (156 square feet) and is subject to easements and restrictions of
record.
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.
c:znd7rovedtJCu~ugt
MAYOR -- ""-/
, 20----'12-.
A TIEST:
.:zd by
'at'?7-t ~ '~.-,r u~c:t:/
City Attorney's Office //, /' _./.
u--/ P1//0'7
wpdatalppdadmlordlvac07 -O0003.doc
Ordinance No. 07-4276
Page ~
It was moved by Champion and seconded by
as read be adopted, and upon roll call there were:
Bailey
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Consideration 7/10/2007
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef,Wilburn,
Bailey. NAYS: None. ABSENT: None.
Second Consideration 7/24/2007
Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Bailey, Champion.
NAYS: None ABSENT: Wilburn.
Date published 8/29/2007
/2..
I
I
08-21-07
Prepared by: Susan Dulek, Asst. City Attorney, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND
PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3,
ENTITLED "USE FOR SIDEWALK CAFES," TO ALLOW FENCING TO REMAIN YEAR ROUND ON
CAFES LOCATED ON CONCRETE PLATFORMS AND TO CLARIFY THAT CAFES MAY BE
LOCATED ON PUBLIC RIGHT-OF-WAY.
WHEREAS, sidewalk cafes are a use of public right-of-way that require a temporary easement, and
the right-of-way includes sidewalks;
WHEREAS, section 10-3-3A of the City Code provides that sidewalk cafes are permitted in public
right-of-way, including city plaza, but section 10-3-1 defines sidewalk cafes as an area located on a
sidewalk;
WHEREAS, the definition of sidewalk cafe should be clarified to provide that cafes may be located on
right-of-way that is a sidewalk and on right-of-way that is not a sidewalk;
WHEREAS, the public works director should have the discretion to approve a cafe located on a
concrete platform on right-of-way that is not sidewalk;
WHEREAS, section 10-3-3 of the City Code provides that anchored fencing should be taken down
between December 1 to February 28, but that requirement should not apply if the cafe is located on a
concrete platform; and
WHEREAS, it is in the City's interest adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 1, entitled "Definitions," is hereby amended by deleting the definition of "sidewalk
cafe" and inserting the new definition in lieu thereof:
Sidewalk Cafe: An outdoor area located temporarily on public right-of-way contiguous with any side of
a building wherein a restaurant is located and where food and beverages are taken for consumption
by persons sitting or standing at tables in that area. Permitted "sidewalk cafes" must abide by the
requirements and limitations as determined by the city council.
2. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Subsection 8, entitled "Usable Sidewalk Cafe
Area," is hereby amended by deleting Paragraph 3b in its entirety and inserting in lieu thereof the
following new Paragraph 3b:
Anchored fencing on public right-of-way is subject to the approval of the director of public works, or
designee. If stored outdoors, tables, chairs, and other items shall be secured within the anchored
fencing at the end of each day's operation so that they are unusable and shall not block or obstruct
emergency exits. The owner shall be responsible for any damages to the public right-of-way caused
by the placement of any anchored fencing. A deposit shall be required prior to the placement of any
anchored fencing on a public right of way and shall be returned when the right-of-way is restored to
its prior condition. The amount of the deposit shall be set by resolution of the city council.
3. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," SubseCtion B, entitled "Usable Sidewalk Cafe
Area," is hereby amended by adding the following new Paragraph 6:
Sidewalk cafes may be located on a platform on top of a public sidewalk if the director of public works
or designee determines there is excessive slope in the sidewalk and approves the design and if
suitable access is provided for persons with disabilities. Sidewalk cafes may be located on a
concrete platform in-the-right of way that is not a public sidewalk if the director of public works or
designee determines if the director of public works or designee approves the concrete design and if
suitable access is provided for persons with disabilities. Fencing shall not be more than three feet (3')
in height, measured from the plane on which the chair sits to the top of the railing, excluding finials.
Notwithstanding section 10-3-383, anchored fencing on a concrete platform may remain year round.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
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
APpr~~ fS-(J-01-
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
. Wilburn
First Consideration 8/21/2007
Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
l v~13UiJ
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO,
ORDINANCE AMENDING TITLE 16 OF THE CITY CODE, ENTITLED "PUBLIC WORKS," CHAPTER
3, ENTITLED, "CITY UTILITIES," ARTICLE G, ENTITLED "STORM WATER COLLECTION,
DISCHARGE AND RUNOFF," TO DELETE THE EXEMPTION FOR CONCRETE TRUCK WASH OUT.
WHEREAS, federal law and the City's national pollutant discharge elimination system (NPDES)
general permit require that the City adopt an illicit discharge ordinance, which the City did in Ordinance
No. 05-4154, to operate and maintain its storm water infrastructure and to otherwise protect the waters of
the Iowa River and the six major creeks;
WHEREAS, the City's NPDES general permit does not allow concrete truck wash out to be
discharged, and 40 C.F.R. 122.34(b)(4)(ii) requires that the City control concrete truck wash out;
WHEREAS, Ordinance No. 05-4154, codified at City Code 14-3G-11, includes an exemption for the
discharge of concrete truck wash out that should be deleted; and
WHEREAS, it is in the City's interest adopt this amendment.
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 G, entitled "Storm Water
Collection, Discharge and Runoff," Article G, entitled, "Storm Water Collection Discharge and Runoff,"
Section 11, entitled "Illicit Discharge and Connection," Paragraph G1 a is hereby amended by deleting
"concrete truck wash out."
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
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
Approved by
~~ ?'(4--oi-
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
Wilburn
First Consideration R /? 1 /? nn 7
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia,
Elliott. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published