HomeMy WebLinkAbout2015-06-08 OrdinancePrepared by: John Yapp, Development Services Coordinator, PCD, 410 E. Washington Street, Iowa City, IA 52240;
319-356-5252(REZ15-00006)
ORDINANCE NO. 15-4624
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 0.62 ACRES OF PROPERTY
LOCATED AT THE NORTHEAST CORNER OF COLLEGE STREET AND GILBERT STREET, FROM
PUBLIC (P-1) AND CENTRAL BUSINESS SUPPORT (CB -5) TO CENTRAL BUSINESS DISTRICT
(CB -10). (REZ15-00006)
WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of property located at the
northeast corner of College Street and Gilbert Street from Public (P-1) and Central Business Support (CB -5)
Zones to Central Business District (CB -10) Zone; and
WHEREAS, the City owns a majority of the property and has determined that the property is not needed
for public use; and
WHEREAS, the property is within one block of several public facilities, including City Hall, the Recreation
Center, the Swan Parking Facility and Chauncey Swan Park and is within easy walking distance of the Public
Library, Downtown Iowa City and the University of Iowa campus, fronts on a four -lane arterial street (Gilbert
Street) and is served by multiple public transit routes; and
WHEREAS, the property contains no residential properties, no historic properties, and is currently
underutilized for substandard storage uses and surface parking; and
WHEREAS, the IC2030 Comprehensive Plan Future Land Use Map identifies the property as
appropriate for general commercial uses; and
WHEREAS, the IC2030 Comprehensive Plan identifies the property as being in the Downtown Planning
District; and
WHEREAS, the IC2030 Comprehensive Plan acknowledges there is increasing demand for higher -
density urban housing and supports quality infill development, maintaining a strong, accessible and
pedestrian -oriented downtown, compact and efficient development, and the construction of Class A Office
space in new mixed-use buildings; and
WHEREAS, the CB -10 Zone is an appropriate zoning designation to encourage higher density, mixed
use projects in the downtown area on property which is well -served by street access, public transit, sidewalks
and parking facilities; and
W HERES, pursuant to Iowa Code § 414.5, these public needs can be addressed through the imposition
of certain conditions over and above the existing zoning code to limit the building height and massing, require
certain on-site parking, and include Class A office space; and
WHEREAS, the owners 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 Public (P-1) to
Central Business District (CB -10):
Lots 5, 6, and the West 160 feet of the 20 -foot wide alley in Block 43, Original Town Plat, Iowa City, Iowa
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. 15 4624
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 8th day of June 20 1$
ATTEST:
CIT CLERK
Approved by
City Attorneys Office/� 3/�
Ordinance No. 15-4624
Page _ 3
It was moved by Mims and seconded by Botchway that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT; ABSTAIN:
_ x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
Payne x
x Throgmorton
First Consideration 06/02/2015
VoteforpaSSage: AYES: Dickens, Dobyns, Hayek, Mims.
NAYS: Throgmorton, Botchway. ABSENT: None. ABSTAIN: Payne
Second Consideration 06/04/2015
Vote for passage: AYES: Dickens; Dobyns,,H�ayek, Mims.
NAYS: Throgmorton. ABSENT: Botchway. ABSTAIN: Payne.
Date published 06/18/2015
Ordinance No. 15-4624
Page 3
It was moved
Ordinance as
AYES:
Mims and seconded by Bot
be adopted, and upon roll call there were:
that the
YS: /ABSENT.' ABSTAIN:
otchway
ickens
obyns
ayek
Mims
ayne x
hrogmorton
First Consideration 06/02/2N5
Vote forpaSSage( AYES: ickens, Dobyns, Hayek, Mims.
NAYS: Throgmorto Botchway. ABSENT: None. ABSTAIN: Payne
Second Consideration 06/04/2015
Vote for passage: ES: Dickens; Roby :,,Hayek, Mims.
NAYS: Throgmo on. ABSENT: Botches ABSTAIN: Payne.
Date published 06/18/2015
Prepared by: John Yapp, Development Services Coordinator, 410 E. Washington, Iowa City, IA 52240 (319) 356-5252
(REZ15-00006)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and the City of Iowa City and MidAmerican Energy Company (hereinafter
"Owners").
WHEREAS, Owners are the legal title holder of approximately 0.62 acres of property
located at the north east corner of College Street and Gilbert Street; and
WHEREAS, the City of Iowa City has requested the rezoning of said property from
Public (P-1) and Central Business Support (CB -5) Zones to Central Business District (CB -10)
Zone; and
WHEREAS, Iowa Code §414.5 (2015) 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 Owners acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property enhances the goals of the
Comprehensive Plan specifically the need for Class A Office Space, on-site parking for
residential uses, a mixed-use building, and step -backs in height at the third and fifth floors to
minimize the impression of building height; and
WHEREAS, the Owners agree to develop or sell 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. The City of Iowa City and MidAmerican Energy Company are the collective legal title
holders of the property legally described as Lots 5 and 6, and the West 160 feet of the
20 -foot wide alley in Block 43, Original Town Plat, Iowa City, Iowa.
2. The Owners acknowledge that the City wishes to ensure conformance to the principles
of the Comprehensive Plan. Further, the Owners acknowledge that Iowa Code §414.5
(2015) 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 agree that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. Any building constructed there on shall be a mixed-use building no more than 15
stories in height; shall contain a minimum of two floors of Class A Office space;
b. The building height shall step -back at the third and the fifth floors along the Gilbert
Street frontage and at least 70 feet of the College Street frontage;
c. All required parking for residential uses being provided on-site, and
1
d. The exterior building design shall be approved by the City's Design Review Committee
prior to issuance of any building permit.
4. The Owners acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2015), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owners 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. 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 City's expense.
Dated thisday ofQL"22015
CITY OF IOWA CITY
Matthew J Hayek, Mayor
Attest:
J/
Marian -K. Karr, City Clerk
A�j ved by: (3�
City Attorney's Office
MIDAMERICAN ENERGY COMPANY
By: - d ,
Jeff us
Vice President, Compliance & Standards
By: al S 3*-
Paul J. Leighton
Vice President & Corporate Secretary
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on �� 2015 by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal) Pad\s KELLIEK.TUTTLE
ie iG mnhs�'n Numbar221819
Title (and Rank) _ h" c;0 m ssio Spires
MIDAMERICAN ENERGY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
POLK COUNTY )
This instrument was acknowledged before me on 2015 by Jeffery J. Gust
as Vice President C Standards of MidAmerican nergy Company.
s ROBYN STEPHCM'
commission Number 755317
My ComLjsy7 Expires
ow> / ll. Il 7 Notary P lic in and for said County and State
STATE OF IOWA )
) ss:
POLK COUNTY )
This instrument was acknowledged before me on G( o , 2015 by Paul J.
Leighton as Vice President & Corporate Secretary MidAmerican Eneerrgyl Company.
Notary Public in and for said and State
t� " s CONNIE K SULLNAN
Commission Number 183035
My Com fission Expires
z3i
3
Ordinance No.
Page
It was moved by
Ordinance as read be adopted, and
AYES: ('AYS:
and seconded by _
i roll call there were:
ABSENT:
that the
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 06/02/2015
Voteforpassage[ AYES: Dickens, Dobyns, Hayek, Mims.
NAYS: Throgmorton, Botchway. ABSENT: None. ABSTAIN: Payne
Second Consideration _
Vote for passage:
Date published
Prepared by: John Yapp, Development services Coordinator, 410 E. Washington, Iowa City, IA 52240($19) 356-5252
(REZ1&00006) 1
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is`tmade between the City of Iowa City, Iowa, a mu nicipal corporation
(hereinafter "City"), and the City of Iowa City and MidAmerican Energympany (hereinafter
"Owners"). /
WHEREAS, OwnersarL the legal title holder of approximafelly 0.62 acres of property
located at the north east corner of College Street and Gilb/threzoning
and
WHEREAS, the City of to a City has requesteof said property from
Public (P-1) and Central Business upport (CB -5) Zoneal Business District (CB -10)
Zone; and
WHEREAS, Iowa Code §414.5\(2015) provid s that the City of Iowa City may impose
reasonable conditions on granting anpplicant's zoning request, over and above existing
regulations, in order to satisfy public nee cause y the requested change; and
WHEREAS, the Owners acknowl d that certain conditions and restrictions are
reasonable to ensure the development f the property enhances the goals of the
Comprehensive Plan specifically the ne for Class A Office Space, on-site parking for
residential uses, a mixed-use building, a d ep-backs in height at the third and fifth floors to
minimize the impression of building hei t; anc�
WHEREAS, theOwners agr a to deve p or sell this property in accordance with the
terms and conditions
of a Conditio I Zoning Ae ement.
NOW, THEREFORE, in consi ration of the m tual promises contained herein, the parties
agree as follows:
1. The City of Iowa C' y and MidAmerican En rgy Company are the collective legal title
holders of the prolierty legally described as L is 5 and 6, and the West 160 feet of the
20 -foot wide alleyin Block 43, Original Town P t, Iowa City, Iowa.
2. The Owners eAknowledge that the City wishes o ensure conformance to the principles
of the CompYiahensive Plan. Further, the Ownek acknowledge that Iowa Code §414.5
(2015) provides that the City of Iowa City may im ose reasonable conditions on granting
an applicant's rezoning request, over and abov the existing regulations, in order to
satisfy p�blic needs caused by the requested chan e.
3. In coOideration of the City's rezoning the sub ct property, Owners agree that
development of the subject property will conform to (I other requirements of the zoning
chapter, as well as the following conditions: \
a. Any building constructed there on shall be a mixe -use building no more than 15
stories in height; shall contain a minimum of two floors f Class A Office space;
b. The building height shall step -back at the third and t fifth floors along the Gilbert
Street frontage and at least 70 feet of the College Street outage;
c. All required parking for residential uses being provided on- ite; and
d. The exterior building design shall be approved by the City's Design Review Committee
prior to issuance of any building permit.
4. The Owners acknowledge that the conditions contained herein are reasonable
conditions to impose on the Ian under Iowa Code §414.5 (2015), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owners acknowledge that in he event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conformZnt
ith the terms of this
Conditional Zoning Agreement. 6. The parties acknowledge that this Co itional Zoning Agreem7eshall 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 th land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreer
all successors, representatives, and assigns of t
7. The Owners acknowledge that nothing in�th
construed to relieve the Owner from compI ing
federal regulations.
II inure to the benefit of and bind
Conditional Zoning Agreement shall be
with all other applicable local, state, and
8. The parties agree that this Conditiorial Zokhking Agreement shall be incorporated by
reference into the ordinance rezoning the sut�ject property, and that upon adaption and
publication of the ordinance, this '`agreement tshall be recorded in the Johnson County
Recorder's Office at the City's expense.
Dated this day of f'
CITY OF IOWA CITY f
r
if
A !
Matthew J Hayek, Magor
Attest:
Mariano(. Karr, City
by: (7��
7?.
Attorney's Office
2
ENERGY COMPANY
Compliance & Standards
& Corporate Secretary
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA
) ss:
JOHNSON COUNTY j
f
This instrument was acknowledged before me on
Hayek and Marian K. Karr as Mayor and City Clerk, respe
htELLIEN SULE
I° t ° Gbrm rns on ufiber Tf221879
i My Com ussi i Lxpires
A
MIDAMERICAN ENERGY COM
STATE OF IOWA )
) ss:
POLK COUNTY }
This instrument was
as
Commission
My 42m4
STATE OF IOWA i )
ss:
POLK COUNTY% )
2015 by Matthew J.
of the City of Iowa City.
/Af e_c (-C- f(/ /;-f�
Public in and for the State of Iowa
or Seal)
Title (and Rank)
ACKNOWLEDGEMENT:
/ 1
(edged befare me on (:—�141d- 2015 by Jeffery J. Gust
n a Standards of MidAmerican nergy Company.
_
se,�i �t i A
NY
Notary P lic in andr sa
f id County and State
This instrument was acknowledged before n
Leighton as Vice President & Corporate Secreta
on C° a , 2015 by Paul J.
Notary
k CONNIE K SULLIVAN
,Commission Number 183035
My Com i on Expires
ierican Energy
pCompany,
in and for said State
Prepared by: John Yapp, Dev. Srvcs. Coor., 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252 (VAC15-00001)
ORDINANCE NO. 15-4625
ORDINANCE VACATING PORTIONS OF PUBLIC ALLEY RIGHT-OF-WAY LOCATED IN
BLOCK 43, CITY OF IOWA CITY (VAC1S-00001)
WHEREAS, the City of Iowa City has initiated an application to vacate the western 160 feet of alley
right-of-way in Block 43, City of Iowa City; and
WHEREAS, Block 43 is bounded by College Street, Gilbert Street, Washington Street and Van
Buren Street; and
WHEREAS, The alley right of way is not used for general traffic or pedestrian circulation; and
WHEREAS, Utility easements will be maintained for any private utilities using the alley right of way;
and
WHEREAS, The City of Iowa City owns the entire block except for the MidAmerican Energy parcel,
which has access via a north -south access drive; and
WHEREAS, The City will retain ownership of the alley and it will continue to function as a service and
City vehicle access drive unless and until it is conveyed as a part of conveyance of adjacent property to
be approved by the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I VACATION. The City of Iowa City hereby vacates that portion of public right-of-way
described as follows:
The Western 160 feet of the 20 -foot wide alley right of way in Block 43, City of Iowa City,
subject to any existing utility easements for private utilities, including the right of ingress
and egress for MidAmerican Energy Company.
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 approvedthis 8th day of June, 2015.
of=C—'&
%� �
— -
0 d
ATTEST:
CITY CLERK
Approved by
4CiAttorneys Office t. 7
Ordinance No. 15-4625
Page 2
It was moved by Mims and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
x
x
x
x
F7
Botchwav that the
ABSTAIN:
Botchway _
Dickens _
Dobyns _
Hayek _
Mims _
Payne x
Throgmorton
First Consideration 06/02/2015
Voteforpassage: AYES: Hayek, Mims, Botchway, Dickens, Dobyns.
NAYS: Throgmorton. ABSENT: None. ABSTAIN: Payne.
Second Consideration 06/04/2015
Vote for passage: AYES: Dobyns, Hayek, Mims, Dickens.
NAYS: Throgmorton. ABSENT: Botchway. ABSTAIN: Payne.
Date published 06/18/2015
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were: /
AYES: NAYS: ABSENT: /
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
/ Throgmorton
1
First Consideration 96 02/2015
Vote for passage: AYES:yek, Mims, Botchway, Dickens, Dobyns.
NAYS: Throgmorton ABSENT: None. ABSTAIN: Payne.
Second Consideration
Vote for passage:
Date published