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HomeMy WebLinkAbout2015-09-15 Ordinance.� 4a Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ15-00015) ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 1.45 ACRES OF PROPERTY FROM COMMUNITY COMMERCIAL (CC -2) TO RIVERFRONT CROSSINGS — WEST RIVERFRONT (RFC -WR) ZONE LOCATED AT THE NORTHWEST CORNER OF BENTON STREET AND RIVERSIDE DRIVE (REZ15- 00015). WHEREAS, the applicant, Kum & Go, L.C., has requested a rezoning of property located at the NW corner of West Benton Street and South Riverside Drive from Community Commercial (CC -2) to Riverfront Crossings — West Riverfront (RFC -WR); and WHEREAS, the Downtown and Riverfront Crossings Master Plan was adopted in January 2013 as an integral part of the City's Comprehensive Plan and the subject property is located in the West Riverfront Subdistrict of the Riverfront Crossings District; and WHEREAS, the Riverfront Crossings — West Riverfront (RFC -WR) Zone was developed to help implement the vision of the Riverfront Crossings Master Plan by encouraging redevelopment that will create a more pedestrian -friendly character along Riverside Drive by enhancing the streetscape and overall aesthetics, tempering auto -dominated frontages by locating buildings closer to the street with parking behind or to the side of buildings, and creating a place where people can live close to the Iowa River and to shopping, restaurants, and other services; and WHEREAS, the requested rezoning will result in redevelopment that will significantly increase vehicular, pedestrian, and bicycle traffic to the site at this intersection of two arterial streets, which are currently too narrow to provide safe pedestrian routes to accommodate this increase in commercial activity; and WHEREAS, the current site has multiple driveways that access Benton Street and Riverside Drive that do not meet current access managements standards with regard to vehicular and pedestrian safety and circulation; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan, provided land is dedicated to the City to widen the Riverside Drive and Benton Street rights-of-way to create a larger landscape buffer between the traffic lanes and the public sidewalk and driveways are consolidated and new access points are located to address public safety concerns; 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 have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto, to satisfy public needs caused by the requested development 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 Community Commercial (CC -2) to Riverfront Crossings — West Riverfront (RFC -WR): LEGAL DESCRIPTION THAT PORTION OF BLOCK 1, CARTWRIGHT'S ADDITION, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 13 AT PAGE 432, DEED RECORDS OF JOHNSON COUNTY, IOWA, THAT IS DESCRIBED AS AUDITOR'S PARCEL 2013055 ON PLAT OF SURVEY RECORDED IN BOOK 58 AT PAGE 37, PLAT RECORDS, JOHNSON COUNTY, IOWA. And LOTS 2 AND 3 IN BLOCK 1 IN CARTWRIGHT'S ADDITION TO IOWA CITY, AND THE, EAST 7 1/2 FEET OF THAT PART OF THE ALLEY IN SAID BLOCK 1, ABUTTING SAID LOTS 2 AND 3 ON THE WEST, ALL ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN BOOK 3, PAGE 207, PLAT RECORDS OF JOHNSON COUNTY, IOWA; Ordinance No. Page 2 EXCEPTING THAT PROPERTY CONVEYED TO THE STATE OF IOWA BY WARRANTY DEED DATED AUGUST 3, 1960, RECORDED IN BOOK 245, PAGE 29, DEED RECORDS OF JOHNSON COUNTY, IOWA; AND ALSO EXCEPTING THAT PORTION ACQUIRED BY THE STATE OF IOWA THROUGH CONDEMNATION PROCEEDINGS FILED OF RECORD DECEMBER 15, 1989, RECORDED IN BOOK 1039, PAGE 174, JOHNSON COUNTY, IOWA And LOTS 4 AND 5 IN BLOCK 1 CARTWRIGHT'S ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN DEED BOOK 13, PAGE 432, RECORDS OF JOHNSON COUNTY, IOWA. ALSO A TRACT OF LAND 15 FEET WIDE EAST AND WEST BY 57 FEET LONG NORTH AND SOUTH ADJACENT TO AND ABUTTING UPON THE WEST END OF SAID LOT 4 IN BLOCK 1 OF CARTWRIGHT'S ADDITION TO IOWA CITY, IOWA. EXCEPTING THEREFROM THOSE PORTIONS CONVEYED FOR HIGHWAY IN BOOK 229, PAGE 107, IN BOOK 657, PAGE 96 AND IN BOOK 1050, PAGE 414. SECTION ll. 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. Passed and approved this day of , 2015. MAYOR ATTEST: CITY CLERK Approved by City Attorneys Office sy Z �/� Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ15-00015) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Hartwig Properties, L.L.P., Kum & Go, L.C., and KG Store 422, L.L.C. (hereinafter collectively referred to as "Owners"). WHEREAS, Owners are the collective legal title holders of approximately 1.45 acres of property located at the northwest corner of Riverside Drive and West Benton Street in Iowa City; and WHEREAS, Owners have requested the rezoning of said property from Community Commercial (CC -2) to Riverfront Crossings — West Riverfront (RFC -WR); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding traffic and pedestrian safety, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a 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 is consistent with the Comprehensive Plan and the need for traffic and pedestrian safety along these arterial street corridors; and WHEREAS, the Owners agree to develop this 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: Hartwig Properties LLP, Kum & Go L.C. and KG Store 422 LLC are the legal title holders of the properties legally described as follows: THAT PORTION OF BLOCK 1, CARTWRIGHT'S ADDITION, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 13 AT PAGE 432, DEED RECORDS OF JOHNSON COUNTY, IOWA, THAT IS DESCRIBED AS AUDITOR'S PARCEL 2013055 ON PLAT OF SURVEY RECORDED IN BOOK 58 AT PAGE 37, PLAT RECORDS, JOHNSON COUNTY, IOWA. And LOTS 2 AND 3 IN BLOCK 1 IN CARTWRIGHT'S ADDITION TO IOWA CITY, AND THE EAST 7 1/2 FEET OF THAT PART OF THE ALLEY IN SAID BLOCK 1, ABUTTING SAID LOTS 2 AND 3 ON THE WEST, ALL ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN BOOK 3, PAGE 207, PLAT RECORDS OF JOHNSON COUNTY, IOWA; 1 of 5 EXCEPTING THAT PROPERTY CONVEYED TO THE STATE OF IOWA BY WARRANTY DEED DATED AUGUST 3, 1960, RECORDED IN BOOK 245, PAGE 29, DEED RECORDS OF JOHNSON COUNTY, IOWA; AND ALSO EXCEPTING THAT PORTION ACQUIRED BY THE STATE OF IOWA THROUGH CONDEMNATION PROCEEDINGS FILED OF RECORD DECEMBER 15, 1989, RECORDED IN BOOK 1039, PAGE 174, JOHNSON COUNTY, IOWA And LOTS 4 AND 5 IN BLOCK 1 CARTWRIGHT'S ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN DEED BOOK 13, PAGE 432, RECORDS OF JOHNSON COUNTY, IOWA. ALSO A TRACT OF LAND 15 FEET WIDE EAST AND WEST BY 57 FEET LONG NORTH AND SOUTH ADJACENT TO AND ABUTTING UPON THE WEST END OF SAID LOT 4 IN BLOCK 1 OF CARTWRIGHT'S ADDITION TO IOWA CITY, IOWA, EXCEPTING THEREFROM THOSE PORTIONS CONVEYED FOR HIGHWAY IN BOOK 229, PAGE 107, IN BOOK 657, PAGE 96 AND IN BOOK 1050, PAGE 414, JOHNSON COUNTY, IOWA. 2. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan, including the West Riverfront Subdistrict of the Downtown and Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions in granting a 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 the zoning code, as well as the following conditions to be satisfied prior to issuance of any building permit for the subject property: a. Owners shall dedicate a strip of land 10 feet wide along the subject property's entire Riverside Drive and Benton Street frontage to the City as public right-of-way; and b. The existing curb cuts to Benton Street shall be closed and no vehicular access along the Benton Street frontage shall be allowed; and c. The existing curb cuts to Riverside Drive shall be closed and a new vehicular access point established in a location away from the Benton Street intersection approved by City staff; and d. The existing curb cuts to Orchard Street shall be closed and a new vehicular access point established in a location that best meets on and off-site traffic safety and circulation needs, as determined by the City staff. 4. The Owners and City 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 and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this 2 of 5 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 Owners 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 Owner's expense. Dated this day of 2015. CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office By: KumVo L.C. By: KG toe 422 LLC 3 of 5 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) Title (and Rank) My commission expires: HARTWIG PROPERTIES LLP ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on j ST.NB , 2015 by .0 AA) 6 . j 3",dP/, (Name(s) of individual(s) as P,4RI 4" (type of authority, such as officer or trustee) of of Hartwig Properties LLP. Notary ub ' a6c(V sa' C my and State (Stamp or Seal) ffiME000NMRTM Coen NiNMIK 7317 Title (and Rank) My commission expires: /?- /- Zo& 4of5 KUM & GO L.C. ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on q—p� 2015 by Cfz (Name(s) of individual(s) as (type of authority, such as officer or trustee) of Kum & Go L.C. Notary Public in and fo he to of Iowa (Stamp or Seal) TICK NALFNILL On ldmNwdwAM7 Title (and Rank) *W MyOWAAWMDOW My commission expires: - li2-- )LP KG Store 422 LLC ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me ons, 2015 byC�1,j, (' � _,� (Name(s) of individual(s) as (type of authority, such as officer or trustee) of KG Store 422 LLC Notary Public in&dor the State of Iowa (Stamp or Seal) NICK HAMILL 7 Title (and Rank) My commission expires:jfJly 5 of 5 Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: First Consideration Vote for passage: Throgmorton, Second Consideration _ Vote for passage: Date published ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 09/15/2015 AYES: Dickens, Dobyns, Hayek, Mims, Payne, Botchway. NAYS: None. ABSENT: None. that the 4c Prepared by: Katie Gandhi, NDS Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (REZ15-00014/ANN15-00001) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 18.66 ACRES OF PROPERTY LOCATED SOUTH OF HERBERT HOOVER HIGHWAY, FROM COUNTY MULTIFAMILY RESIDENTIAL (RMF) TO 16.75 ACRES LOW DENSITY SINGLE FAMILY (RS5) AND 1.91 ACRES LOW DENSITY MULTIFAMILY (RM12). (REZ15-00014/ANN15-00001) WHEREAS, the applicant, CBD LLC, has requested a rezoning of an 18.66 acre property located south of Herbert Hoover Highway from County Multifamily Residential (RMF) to 16.75 acres Low Density Single family (RS5) and 1.91 acres Low Density Multifamily (RM12); and WHEREAS, the Comprehensive Plan and Northeast District future land use maps identify the City's intention to incorporate the subject property and the surrounding properties into the city; and WHEREAS, in compliance with the Comprehensive Plan annexation policies and subdivision regulations, the developer will be responsible for providing sanitary sewer and water service, and will contribute to the future improvement of Herbert Hoover Highway; 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 a development plan to ensure neighborhood compatibility and the installation of a pedestrian sidewalk along Herbert Hoover Highway to ensure pedestrian safety and accessibility; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner has 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 County Multifamily Residential (RMF) to 16.75 acres of Low Density Single Family Residential (RS5) and 1.91 acres of Low Density Multifamily Residential (RM12): LEGAL DESCRIPTION - ZONING (TRACT #1) RM -12 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE S00°43'54"E, ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 7, A DISTANCE OF 58.60 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE, AND THE POINT OF BEGINNING; THENCE CONTINUING S00°43'54"E, ALONG SAID EAST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, 134.34 FEET; THENCE S89°52'36"W, 379.09 FEET; THENCE S76°10'00"W, 190.89 FEET; THENCE NORTHWESTERLY, 80.53 FEET, ALONG AN ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 80.50 FOOT CHORD BEARS N28°45'31"W; THENCE N31°50'05"W, 59.61 FEET, TO A POINT ON THE SAID SOUTH RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE; THENCE NORTHEASTERLY, 58.92 FEET, ALONG SAID SOUTH RIGHT-OF-WAY LINE, AND AN ARC OF A 539.98 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 58.89 FOOT CHORD BEARS N63°12'24"E; THENCE NORTHEASTERLY, 232.86 FEET, ALONG SAID SOUTH RIGHT-OF-WAY LINE, AND AN ARC OF A 1085.92 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 232.41 FOOT CHORD BEARS N81°15'33"E; THENCE S87°52'41"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 97.67 FEET; THENCE N89°41'57"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 253.02 FEET, TO SAID POINT OF BEGINNING, CONTAINING 1.91 ACRES. Ordinance No. Page 2 LEGAL DESCRIPTION - ZONING (TRACT #2) RS -5 BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N88°13'08"W, ALONG THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, 661.53 FEET; THENCE N00°42'12"W, ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 7, A DISTANCE OF 1154.79 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE; THENCE NORTHEASTERLY, 31.12 FEET, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, AND AN ARC OF A 539.98 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 31.12 FOOT CHORD BEARS N58°25'47"E; THENCE S31050'05"E, 59.61 FEET; THENCE SOUTHEASTERLY, 80.53 FEET, ALONG AN ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 80.50 FOOT CHORD BEARS S28°45'31"E; THENCE N76'1 0'00"E, 190.89 FEET; THENCE N89°52'36"E, 379.09 FEET, TO A POINT ON THE EAST LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER OF SECTION 7; THENCE S00043'54"E, ALONG SAID EAST LINE, 1116.89 FEET, TO SAID POINT OF BEGINNING, CONTAINING 16.75 ACRES. 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 and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2015. MAYOR ATTEST: CITY CLERK A proved by A G� City Attorneys Office y "Ado- Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: First Consideration Vote for passage: Dobyns. NAYS: Second Consideration _ Vote for passage: Date published ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 09/15/2015 that the AYES: Hayek, Mims, Payne, Throgmorton, Dickens, Botchway. ABSENT: None. Prepared by: Katie Gandhi, NDS Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ1 5-00014/ANN1 5-00001) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), CBD, LLC (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 18.66 acres of property located south of Herbert Hoover Highway; and WHEREAS, the Owner has requested the rezoning of said property from County Multifamily Residential (RMF) to 16.75 acres of Low Density Single Family Residential (RS5) and 1.91 acres of Low Density Multifamily (RM12); 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 a development plan to ensure neighborhood compatibility and the installation of a pedestrian sidewalk along Herbert Hoover Highway to ensure pedestrian safety and accessibility; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for contiguous infrastructure systems, compatible development, and pedestrian accessibility; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. CBD, LLC is the legal title holder of the property legally described as LEGAL DESCRIPTION - ZONING (TRACT #1) RM -12 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE S00°43'54"E, ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 7, A DISTANCE OF 58.60 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE, AND THE POINT OF BEGINNING; THENCE CONTINUING S00°43'54"E, ALONG SAID EAST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, 134.34 FEET; THENCE S89°52'36"W, 379.09 FEET; THENCE S76°10'00"W, 190.89 FEET; THENCE NORTHWESTERLY, 80.53 FEET, ALONG AN ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 80.50 FOOT CHORD BEARS N28045'31"W; THENCE N31°50'05"W, 59.61 FEET, TO A POINT ppdadm/agt/conditional zoning agreement rez15-00014.doc ON THE SAID SOUTH RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE; THENCE NORTHEASTERLY, 58.92 FEET, ALONG SAID SOUTH RIGHT-OF- WAY LINE, AND AN ARC OF A 539.98 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 58.89 FOOT CHORD BEARS N63012'24"E; THENCE NORTHEASTERLY, 232.86 FEET, ALONG SAID SOUTH RIGHT-OF-WAY LINE, AND AN ARC OF A 1085.92 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 232.41 FOOT CHORD BEARS N81015'33"E; THENCE S8705241"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 97.67 FEET; THENCE N89041'57"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 253.02 FEET, TO SAID POINT OF BEGINNING, CONTAINING 1.91 ACRES. LEGAL DESCRIPTION - ZONING (TRACT #2) RS -5 BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE- QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N88°13'08"W, ALONG THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, 661.53 FEET; THENCE N00042'12"W, ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER OF SECTION 7, A DISTANCE OF 1154.79 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE; THENCE NORTHEASTERLY, 31.12 FEET, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, AND AN ARC OF A 539.98 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 31.12 FOOT CHORD BEARS N58°25'47"E; THENCE S31 °50'05"E, 59.61 FEET; THENCE SOUTHEASTERLY, 80.53 FEET, ALONG AN ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 80.50 FOOT CHORD BEARS S28045'31"E; THENCE N76010'00"E, 190.89 FEET; THENCE N89052'36"E, 379.09 FEET, TO A POINT ON THE EAST LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 7; THENCE S00°43'54"E, ALONG SAID EAST LINE, 1116.89 FEET, TO SAID POINT OF BEGINNING, CONTAINING 16.75 ACRES. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Northeast District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a 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, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: A. The developer shall provide pedestrian access along Herbert Hoover Highway connecting the subject land to the city sidewalk system. Said access shall be constructed concurrently with the public improvements for any subdivision of the subject land. The developer will be responsible for acquiring any necessary property rights from intervening property owners, including Johnson County, at developer's cost. The City will grant any temporary construction easement to the Developer to the extent that this access is provided within City -owned public right-of-way. The final design and alignment of the sidewalk shall be subject to approval by the City ppdadm/agt/conditional zoning agreement rez15-00014.doc 2 Engineer. Modification to City standards regarding alignment, location and elevation of the sidewalk may be approved to avoid existing utilities that are not feasible to move. B. Approval of a development plan for the RM -12 zone, including a landscaping plan, exterior building designs, and site plan by the Design Review Committee to ensure Comprehensive Plan policies regarding compatibility with lower density residential properties and appropriate development appearance for an entranceway to the City, will be required prior to approval of a building permit. 4. The Owner and City 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 Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of CITY OF IOWA CITY Matthew J Hayek, Mayor Attest: Marian K. Karr, City Clerk App oved by: City Attorney's Office rs ppdadm/agt/conditional zoning agreement rez15-00014.doc 3 2015. By: � lev* er By: CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 20_ 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) Title (and Rank) CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on as CBD, LLC ACKNOWLEDGMENT: 20_ by of , Inc. Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) State of County of This record was acknowledged before me on (Date) by Te -K g (Name(s) of i ividual(s as ) jug-." -zai e r (type of authority, such as officer or trustee) of cAD L1,1; (name of party on behalf of whom record was executed). 1 7�. Notary ublic in and for the State of Iowa (Stamp or Seal) 9 - ,;� 3 - 19 Title (and Rank) L4 -,j Cle v K ppdadmlagt/conditional zoning agreement rez15-00014.doc 4 am G7 Prepared by: Katie Gandhi, NDS Planning Intern, 410 E. Washington Street, Iowa City, (REZ1 5-00014/ANN1 5-00001) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 1 66 ARES OP PROPERTY LOCATED SOUTH OF HERBERT HOOVER HIGHWAY, FRO COUNTY WJLTIFAMILY RESIDENTIAL (RMF) TO 16.75 ACRES LOW DENSITY SINGLE F ILY (RS5) AND 1.91 ACRES LOW DENSITY MULTIFAMILY (RM12). (REZ15-00014/ANN15-00001 WHEREAS, the applicant, CBD LLC, has requested a rezoning of a 18.66 acre property located south of Herbert Hoover Hig way from County Multifamily Residential (RMF) 0 16.75 acres Low Density Single family (RS5) and 1.91 a es Low Density Multifamily (RM12); and WHEREAS, the Co rehensive Plan and Northeast District fut a land use maps identify the City's intention to incorporate the b.ect property and the surrounding prop ies into the city; and WHEREAS, in complianc with the Comprehensive Plan annexa on policies and subdivision regulations, the developer will be responsib for providing sanitary sewer and ater service, and will contribute to the future improvement of Herbert Ho qr Highway; and WHEREAS, the Planning and, oning Commission has a reviewed the proposed rezoning and determined that it complies with the C prehensive Plan pro ded that it meets conditions addressing the need for a development plan to ensur neighborhood co atibility and the installation of a pedestrian sidewalk along Herbert Hoover Highway to sure pedestria safety and accessibility; and WHEREAS, Iowa Code §414.5 (2015). rovides tha the City of Iowa City may impose reasonable conditions on granting a rezoning request, o r and ab a existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner has agreed that the pro rty hall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement alta ed hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY HE Y COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Con itional Zoning greement attached hereto and incorporated herein, property described below is hereby r classified from its current zoning designation of County Multifamily Residential (RMF) to 16.75 acres o Low Density Singl Family Residential (RS5) and 1.91 acres of Low Density Multifamily Residential (RM12) COMMENCING AT THE NORTHQ ARTER CORNER OF SECTICIN 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH P CIPAL MERIDIAN, JOHNSO COUNTY, IOWA; THENCE S00°43'54"E, ALONG THE EAS LINE OF THE NORTHEAST NE -QUARTER OF THE NORTHWEST ONE-QUARTER O SAID SECTION 7, A DISTANCE O 8.60 FEET TO A POINT ON THE SOUTH RIGHT -OF -WA LINE OF HERBERT HOOVER HIGHW Y SE, AND THE POINT OF BEGINNING; THENCE C NTINUING S00°43'54"E, ALONG SAID AST LINE OF THE NORTHEAST ONE -QUARTE OF THE NORTHWEST ONE-QUARTER, 1 .34 FEET; THENCE S89°52'36"W, 379.09 FEET; ENCE S76°10'00"W, 190.89 FEET; THENCE ORTHWESTERLY, 80.53 FEET, ALONG ARC OF A 750.00 FOOT RADIUS C VE, CONCAVE SOUTHWESTERLY, WHO E 80.50 FOOT CHORD BEARS N28°45'31"W; THE E N31°50'05"W, 59.61 FEET, TO A POINT ON THE SAID SOUTH RIGHT-OF-WAY LINE OF HE ERT HOOVER HIGHWAY SE; THENCE ORTHEASTERLY, 58.92 FEET, ALONG SAID SOUTH RIGHT-OF-WAY LINE, AND AN ARC OF 539.98 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 58.89 FOOT CHORD BEARS N63°12'24"E; THENCE NORTHEASTERLY, 232.86 FEET, ALONG SAID SOUTH RIGHT-OF-WAY LINE, AND AN ARC OF A 1085.92 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 232.41 FOOT CHORD BEARS N81°15'33"E; THENCE S87052'41"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 97.67 FEET; THENCE N89°41'57"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 253.02 FEET, TO SAID POINT OF BEGINNING, CONTAINING 1.91 ACRES. Ordinance No. Page 2 LEGAL DESCRIPTION - ZONING (TRACT #2) RS -5 BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N88°13'08"W, ALONG THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, 661.53 FEET; THENCE N00°42' 2"W, ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE SAID NORTHEAST ONE-QU ER OF THE NORTHWEST ONE-QUARTER OF SECTION 7, A DISTANCE OF 1154.79 FEET, T\EH TERSECTION WITH THE SOUTHERLY RIG -OF-WAY LINE OF HERBERT HOOVER HSE; THENCE NORTHEASTERLY, 31.12 ET, ALONG SAID SOUTHERLY RIGHT -OF -E, AND AN ARC OF A 539.98 FOOT IUS CURVE, CONCAVE SOUTHEASTERLY, 31.12 FOOT CHORD BEARS N58° 5'47"E; THENCE S31°50'05"E, 59.61 FEET; THENHEASTERLY, 80.53 FEET, ALONG ARC OF A 750.00 FOOT RADIUS CURVE, CONCTHWESTERLY, WHOSE 80.50 F OT CHORD BEARS S28°45'31 "E; THENCE N76° 10'00EET; THENCE N8952'36"E, 3 .09 FEET, TO A POINT ON THE EAST LINE OF SAIH ST ONE-QUARTER OF E NORTHWEST ONE- QUARTER OF SECTION 7; TH0°4 4"E, ALONG SAID EA LINE, 1116.89 FEET, TO SAID POINT OF BEGINNING, CING 1 .75 ACRES. SECTION II. ZONING MAP. The building official map of the City of Iowa City, Iowa, to conform to publication of the ordinance as approved by law. sign, and the City Clerk attest, the Conditional Zoning Agre e following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Pon City Clerk is hereby authorized and directed to certify copy o Office of the County Recorder, Johnson County, to , at the approval and publication of this ordinance, as provid d by law. SECTION V. REPEALER. All ordinances an parts of or Ordinance are hereby repealed. for ed and directed to change the zoning upon the final passage, approval and ayor is hereby authorized and directed to between the property owner and the City, 3sage and approval of the Ordinance, the its ordinance, and record the same in the wner's expense, upon the final passage, n�s in conflict with the provisions of this SECTION VI. SEVERABILITY. If any sec on, provision or part of {�i invalid or unconstitutional, such adjudicatio shall not affect the validi section, provision or part thereof not adju ed invalid or unconstitutional. SECTION VII. EFFECTIVE DAT . This Ordinance shall be in of and publication, as provided bylaw. Passed and approved this day of MAYOR ATTEST: CITY A proved by, City Attorneys Office l� 2015. Ordinance shall be adjudged to be f the Ordinance as a whole or any after its final passage, approval -v M) N) Prepared by: Katie Gandhi, NDS Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ15-00014/ANN15-00001) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa; a municipal corporation (hereinafter "City"), CBD, LLC (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 18.66 acres of property located south of Herbert Hoover Highway; and / WHEREAS, the Owner has requested the rezoning said property from County Multifamily Residential (RMF) to 16.75 acres of Low Density Sing Family Residential (RS5) and 1.91 acres of Low Density Multifamily (RM12); and WHEREAS, the Planning and Zoning Commission has to reviewed the proposed rezoning and determined that it co plies with the Comprehensive PI provided that it meets conditions addressing the need for development plan to ensure eighborhood compatibility and the installation of a pedestrian sl ewalk along Herbert Hoover ighway to ensure pedestrian safety and accessibility; and WHEREAS, Iowa Code §4 .5 (2015) provide that the City of Iowa City may impose reasonable conditions on granting a ezoning reque , over and above existing regulations, in order to satisfy public needs caused by a requeste change; and WHEREAS, the Owner acknowle reasonable to ensure the development of Plan and the need for contiguous infr, pedestrian accessibility; and certain conditions and restrictions are rty is consistent with the Comprehensive systems, compatible development, and WHEREAS, the Owner agrees to d/(TRACT is prop y in accordance with the terms and conditions of a Conditional Zoning AgrQ NOW, THEREFORE, in consideratiomutual promis s containe eir�the pries agree as follows:`= 1. CBD, LLC is the legal title holdproperty legally descrl d asMT LEGAL DESCRIPTION - ZONI #1 RM -12 ru COMMENCING AT THE ORTH QUARTER CORNER O SECTION 7, TOWNSHIP 79 NORTH, RA GE 5 WEST, OF THE FIFTH PRINCIP L MIAkIDIAN, JOHNSON COUNTY, IOW , THENCE S00°43'54"E, ALONG THE EA T LINE OF THE NORTHEAST ONE- ARTER OF THE NORTHWEST ONE-QU TER OF SAID SECTION 7, A DIS ANCE OF 58.60 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE O HERBERT HOOVER HIGHWAY SE, AND THE POINT OF BEGINNING; THE E CONTINUING S00°43'54"E, ALONG SAID EAST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, 134.34 FEET; THEN S89052'36"W, 379.09 FEET; THENCE S76°10'00"W, 190.89 FEET; THENCE NORTHWESTERLY, 80.53 FEET, ALONG AN ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 80.50 FOOT CHORD BEARS N28045'31"W; THENCE N31°50'05"W, 59.61 FEET, TO A POINT ppdadm/agt/conditional zoning agreement rez15-00014.doc ON THE SAID SOUTH RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE; THENCE NORTHEASTERLY, 58.92 FEET, ALONG SAID SOUTH RIGHT-OF- WAY LINE, AND AN ARC OF A 539.98 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 58.89 FOOT CHORD BEARS N63012'24"E; THENCE NORTHEASTERLY, 232.86 FEET, ALONG SAID SO H RIGHT-OF-WAY LINE, AND AN ARC OF A 1085.92 FOOT RAD S CURVE, CONCAVE SOUTHEASTERLY, WHOSE 232.41 FOOT IHO D BEARS N81015'33"E; THENCE S87052'41"E, ALONG SAID SOUTH RIGHT- IF -WAY LINE, 97.67 FEET; THENCE N89041'57"E, ALONG SAID SOUTH RIGHT- IF-WAY LINE, 253.02 FEET, TO SAID POINT OF BEGINNING, CONTAINING 1.91 RIGHT-IFF-WAY LEGAL DESCRIPTION - ZONING (TRACT #2) RS -5 BEGINNING AT THE SOUTHEAST CORNER F THE NORTHEAST ONE- QUARTER OF THE NORTHWEST ONE -QUARTE OF SECTION 7, TOWNSHIP 79 NORTH, RANE 5 WEST, OF THE FIFTH P NCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N88013'08"W, ALO THE SOUTH LINE OF SAID NORTHEAST ON QUARTER OF THE NORT WEST ONE-QUARTER, 661.53 FEET; THENCE N00 2'12"W, ALONG THE WE T LINE OF THE EAST ONE-HALF OF THE SAID NOR EAST ONE -QUART OF THE NORTHWEST ONE- QUARTER OF SECTI N 7, A DISTAN OF 1154.79 FEET, TO ITS INTERSECTION WITH T SOUTHERLY GHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE; T NCE NORTH STERLY, 31.12 FEET, ALONG SAID SOUTHERLY RIGHT -OF -WA LINE, AND N ARC OF A 539.98 FOOT RADIUS CURVE, CONCAVE SOUTHER TERLY, HOSE 31.12 FOOT CHORD BEARS N58°25'47"E; THENCE S31°50'0 ' , 59. 1 FEET; THENCE SOUTHEASTERLY, 80.53 FEET, ALONG AN ARC OF 75 .00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 80.50 F T CHORD BEARS S28045'31"E; TgENCE N76010'00"E, 190.89 FEET; THENCE 052'36"E, 379.09 FEET, To A PG94T ON THE EAST LINE OF SAID NORTHE T NE -QUARTER OF TH R7LOWE3'1 ONE-QUARTER OF SECTION 7; TH CES 0043'54"E, ALONG S ST LIN✓ 1116.89 FEET, TO SAID POINT OF EGINNI , CONTAINING 16. Ff& M 2. The Owner acknowledges that th City wishes to en re conforma "3. tl�§ pri ': es of the Comprehensive Plan a the Northeast Dis ict Plan. f%r7rther,_.the parties acknowledge that Iowa Code § 14.5 (2015) provides t t the City of to City may impose reasonable conditions n granting a rezoning re uest, over and above the existing regulations, in order to atisfy public needs caused b he requested change. 3. In consideration of the Ci 's rezoning the subject propertOwner agrees that development of the subject roperty will conform to all other requir ments of the zoning chapter, as well as the foll ing conditions: A. The developer shaly provide pedestrian access along Herbert Hoover Highway connecting the suect land to the city sidewalk system. Said access shall be constructed conc rently with the public improvements for any subdivision of the subject land. The developer will be responsible for acquiring any necessary property rights from inte ening property owners, including Johnson County, at developer's cost. The City will grant any temporary construction easement to the Developer to the extent that this access is provided within City -owned public right-of-way. The final design and alignment of the sidewalk shall be subject to approval by the City ppdadm/agt/conditional zoning agreement rez15-00014.doc 2 Engineer. Modification to City standards regarding aligrimprit, location and elevation of the sidewalk may be approved to avoid existing utilitis that are not feasible to move. B. Approval of a development plan for the RM -12 zone, i luding a landscaping plan, exterior building designs, and site plan by the D sign Review Committee to ensure Comprehensive Plan policies regarding co patibility with lower density residential properties and appropriate development a pearance for an entranceway to the City, will(be required prior to approval of a build ng permit. 4. The Owner and Cit acknowledge that the conditions Pritained herein are reasonable conditions to imposek, on the land under Iowa Co §414.5 (2015), and that said conditions satisfy publk needs that are caused by the equested zoning change. 5. The Owner and City ack wledge that in the even the subject property is transferred, sold, redeveloped, or subdi 'ded, all redevelopme t will conform with the terms of this Conditional Zoning Agreeme\anwith 6. The parties acknowledge thanal Z ing Agreement shall be deemed to be a covenant running with the title t the land, and shall remainin full force and effect as a covenant witand, nless or until released of record by the City of Iowa City. The parties further acknowledge that this agr ment shall inure to the benefit of and bind all successors, representatives, and assign of\parties.7. The Owner acknowledges that nothing i thisl Zoning Agreement shall be construed to relieve the Owner from co plyinger applicable local, state, and federal regulations. 8. The parties agree that this Conditiofial Zoning Agreeme shall be incorporated by reference into the ordinance rezonin the subject property, an that upon adoption and publication of the ordinance, this reement shall be recorded ' the Johnson County Recorder's Office at the Applicant' expense. Dated this day of > 2015. CITY OF IOWA CITY Matthew J Hayek, Mayor By: Attest: Marian K. Karr, City Clerk By: App oved by: c City Attorneys Office ppdadm/agt/conditional zoning agreement rez15-00014.doc 3 N N CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 20_ by Matthew J. Hayek and Marian K. Kanas Mayor and City Clerk, respectively of the City of Iowa City. Notary Public in Ond for the State of Iowa (Stamp or Sea Title (and Ranl CORPORATE ACKNOWLEDGEMENT: \ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before CBD, LLC ACKNOWLEDGMENT: State of County of This record was acknowledged bei by was executed). as 20_ by Of , Inc. otary Public in and r said County and State (Stamp or Seal) a Title (and Rank) o me on (Date),. me(s) of individual(s) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) ppdadm/agt/conditional zoning agreement rez15-00014.doc 4 r.a a Prepared by: Katie Gandhi, NDS Planning Intern, 410 E. Washington Street, Iowa City, IA 52t"19- i-5230 (REZ15-00014/ANN15-00001),. ORDINANCE NO. 00 r ",ate c� AN ORDINANCE NDITIONALLY REZONING APPROXIMATE 18.66 ACRES OF PROPERTY LOCATED SOUT OF HERBERT HOOVER HIGHWAY, ROM COUNTY MULTI -FAMILY RESIDENTIAL (RMF) TO 16.75 ACRES LOW DENSITY SING FAMILY (RS5) AND 1.91 ACRES LOW DENSITY MULTI- AMILY (RM12). (REZ15-00014/ANN15 0001) WHEREAS, the applicant, 11D LLC has requested a rezoning Herbert Hoover Highway from "y Multi -Family Residential (I family (RS5) and 1.91 acres Low De sityMulti-Family (RM12); an WHEREAS, the Comprehensive Ian and Northeast istrii future land use maps identify the City's intention to incorporate the subject prop and the surroundinIdwill roperties into the city; and WHEREAS, in compliance with the Comprehensive Plannexation policies, the developer will be responsible for providing sanitary sewer a water service, a contribute to the future improvement of Herbert Hoover Highway; and WHEREAS, the Planning and Zoning mmis determined that it complies with the Comprehe ive need for the approval of a development plan to su pedestrian sidewalk along Herbert Hoover Highway WHEREAS, Iowa Code §414.5 (2015) provide conditions on granting a rezoning request, over and needs caused by the requested change; and WHEREAS, the owner has agreed that the proper conditions of the Conditional Zoning Agreement alta¢ area of the city. / an 18.66 acre property located south of F) to 16.75 acres Low Density Single Sions the reviewed the proposed rezoning and Plan rovided that it meets conditions addressing the re n ighborhood compatibility and the installation of a ens re pedestrian safety and accessibility; and t t the City of Iowa City may impose reasonable ove existing regulations, in order to satisfy public be developed in accordance with the terms and reto to ensure appropriate development in this NOW, THEREFORE, BE IT ORDAINED BY THE CITY\(R OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Con itional Zoning t attached hereto and incorporated herein, property described below is hereby rec ssified from itsoning designation of county multi- family residential (RMF) to 16.75 acres low nsity single famand 1.91 acres low density multi- family (RM12): COMMENCING AT THE NORTH Q ARTER CORNER OF SECTION X, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH P CIPAL MERIDIAN, JOHNSON C UNTY, IOWA; THENCE S00°43'54"E, ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 7, A DISTANCE OF 58`'60 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY E, AND THE POINT OF BEGINNING; THENCE CO INUING S00°43'54"E, ALONG SAID EAT LINE OF THE NORTHEAST ONE-QUARTER F THE NORTHWEST ONE-QUARTER, 134.3 FEET; THENCE S89°52'36"W, 379.09 FEET; T ENCE S76°10'00"W, 190.89 FEET; THENCE NO THWESTERLY, 80.53 FEET, ALONG AN ARC OF A 750.00 FOOT RADIUS CUR CONCAVE SOUTHWESTERLY, WHOS 80.50 FOOT CHORD BEARS N28°45'31"W; THENC 31°50'05"W, 59.61 FEET, TO A POINT O THE SAID SOUTH RIGHT-OF-WAY LINE OF HERBE T HOOVER HIGHWAY SE; THENCE N RTHEASTERLY, 58.92 FEET, ALONG SAID SOUTH RIG T -OF -WAY LINE, AND AN ARC OF A 39.98 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 58.89 FOOT CHORD BE S N63012'24"E; THENCE NORTHEASTERLY, 232.86 FEET, ALONG SAID SOUTH RIGHT -O -WAY LINE, AND AN ARC OF A 1085.92 FOOT RADIUS CURVE, CONCAVE SOUTHEAS ERLY, WHOSE 232.41 FOOT CHORD BEARS N81°15'33"E; THENCE S87°52'41"E, ALONG D SOUTH RIGHT-OF-WAY LINE, 97.67 FEET; THENCE N89°41'57"E, ALONG SAID SOUT RIGHT-OF-WAY LINE, 253.02 FEET, TO SAID POINT OF BEGINNING, CONTAINING 1.91 A RES. Ordinance No. Page 2 LEGAL DESCRIPTION - ZONING (TRACT #2) RS -5 BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N88°13'08"W, ALONG THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, 661.53 FEET; THENCE N00°42'12"W, ALONG THE WEST L OF THE EAST ONE-HALF OF THE SAID NORTHEAST ONE-QUARTER OF THE NORTHWES ONE-QUARTER OF SECTION 7, A DISTANCE OF 1154.79 FEET, TO ITS INTERSECTION WIT THE SOUTHERLY RIGHT-OF-WAY LIN OF HERBERT HOOVER HIGHWAY SE; THENCE N RTHEASTERLY, 31.12 FEET, ALONG SAID OUTHERLY RIGHT-OF-WAY LINE, AND AN AR OFA 539.98 FOOT RADIUS CURVE, CONC VE SOUTHEASTERLY, WHOSE 31.12 FOOT HORD BEARS N58°25'47"E; THENCE S31°50'0 , 59.61 FEET; THENCE SOUTHEASTERLY, 53 FEET, ALONG AN ARC OFA 750.00 FOOT S CURVE, CONCAVE SOUTHWESTE WHOSE 80.50 FOOT CHORD BEARS S28°45'31"E; ENCE N76°10'00"E, 190.89 FEET; THE CE N89°52'36"E, 379.09 FEET, TO A POINT ON THE EAS INE OF SAID NORTHEAST O -QUARTER OF THE NORTHWEST ONE- QUARTER OF SE ION 7; THENCE S00°43'54"E, ONG SAID EAST LINE, 1116.89 FEET, TO SAID POINT OF BE G, CONTAINING 16.75 RES. SECTION II. ZONING MA . The building official is map of the City of Iowa City, to a, to conform to thji publication of the ordinance as app ved by law. / sign, and the City Clerk attest, the Cc City, following passage and approval of City Clerk is hereby authorized and directed Office of the County Recorder, Johnson Cc approval and publication of this ordinance, as SECTION V. REPEALER. All ordinance Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any s invalid or unconstitutional, such adjudicatio section, provision or part thereof notadjud ec SECTION VII. EFFECTIVE DATE. h and publication, as provided by law. Passed and approved this d of ereby authorized and directed to change the zoning amendment upon the final passage, approval and 4T. The mayor is hereby authorized and directed to Agreement between the property owner(s) and the O ING. Upon passage and approval of the Ordinance, the t rtify a copy of this ordinance, and record the same in the un Iowa, at the Owner's expense, upon the final passage, p vi d by law. s and p s of ordinances in conflict with the provisions of this :tion, provisi or part of the Ordinance shall be adjudged to be shall not affe the validity of the Ordinance as a whole or any I invalid or unco titutional. s Ordinance shal a in effect after its final passage, approval 15. MAYOR 0 u, ATTEST:. CITY CLERK Approved by 00 City Attorney's Office ca Prepared by: Katie Gandhi, NDS Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ1 5-00014/ANN1 5-00001) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a mun cipal corporation (hereinafter "City"), CBD, LLC (hereinafter "Owner"). WHEREAS, wner is the legal title holder of approximately 18. acres of property located south of Her rt Hoover Highway; and WHEREAS, the Owner has requested the rezoning of said pr perty from county multi- family residential (RMF) t 16.75 acres low density single family (RS5) nd 1.g1 acres low density multi -family (RM 12); and WHEREAS, the Planni and Zoning Commission hasthe r iewed the proposed rezoning and determined that it compile with the Comprehensive Plan p vided that it meets conditions addressing the need for the app val of a development /Ho tosure neighborhood compatibility and the installation of a pedestria sidewalk along Herbr Highway to ensure pedestrian safety and accessibility; and WHEREAS, Iowa Code §414. 2015) provideCity of Iowa City may impose reasonable conditions on granting a rez ning requestabove existing regulations, in order to satisfy public needs caused by the equested cd WHEREAS, the Owner acknowledge reasonable to ensure the development of the Plan and the need for contiguous infrastru pedestrian accessibility; and WHEREAS, the Owner agrees to develop conditions of a Conditional Zoning Agreemer, certain conditions and restrictions are ly is consistent with the Comprehensive systems, compatible development, and NOW, THEREFORE, in considerationo� the mutual p agree as follows: / 1. CBD, LLC is the legal title holcjbr of the property in accordance with the terms and IN rises contained n, Me pates II described as _,. Li'iVt1L L1iJ�1\l1 11V1V - /�v itv 11�C1v a rr• iva-a c. - ♦ COMMENCING AT THE N RTH QUARTER CORNER OF ECTION 7,�6POWNl�IIP 79 NORTH, RANGE 5 WE?T, OF THE FIFTH PRINCIP MERIDIAN, JOiMON COUNTY, IOWA; TH CE S00°43'54"E, ALONG THE EAST LINE OF THE NORTHEAST ONE-QU TER OF THE NORTHWEST O -QUARTER OF SAID SECTION 7, A DIST CE OF 58.60 FEET TO A POINT ON T SOUTH RIGHT-OF- WAY LINE OF H ERT HOOVER HIGHWAY SE, THE POINT OF BEGINNING; THEN E CONTINUING S00°43'54"E, ALONG SAID EAST LINE OF THE NORTHEAST ONE- UARTER OF THE NORTHWEST ONE-QUARTER, 134.34 FEET; THENCE S89°52'3 W, 379.09 FEET; THENCE S76°10'00"W, 190.89 FEET; THENCE NORTHWESTERLY, 80.53 FEET, ALONG AN ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 80.50 FOOT CHORD BEARS N28045'31"W; THENCE N31°50'05"W, 59.61 FEET, TO A POINT ON THE SAID SOUTH ppdadm/agt/conditional zoning agreement rez15-00014.doc 1 RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE; THENCE NORTHEASTERLY, 58.92 FEET, ALONG SAID SOUTH RIGHT-OF-WAY LINE, AND AN ARC OF A 539.98 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 58.89 FOOT CHORD BEARS N63012'24"E; THENCE NORT HEASTY, 232.86 FEET, ALONG SAID SOUTH RIGHT-OF-WAY LINE, AND A 1085.92 FOO RADIUS CURVE, CONCAVE SOUTHEASTERLY, 41 FOOT CHORD BEARS N81°15'33"E; THENCE S87°52'41"E, ALONGH RIGHT -OF -WA LINE, 97.67 FEET; THENCE N89°41'57"E, ALONGH RIGHT-OF-WAY , 253.02 FEET, TO SAID POINT OF BEGINNINGG 1.91 ACRES. BEGINNING AT THE S UTHEAST CORNER OF THE NORTHE T ONE-QUARTER OF THE NORTHWEST -QUARTER OF SECTION 7, TO SHIP 79 NORTH, RANGE 5 WEST, OF TH FIFTH PRINCIPAL MERIDIAN JOHNSON COUNTY, IOWA; THENCE N88°13'08" , ALONG THE SOUTH L OF SAID NORTHEAST ONE-QUARTER OF THE NO THWEST ONE -QUARTE, 661.53 FEET; THENCE N00042'12"W, ALONG THE WE LINE OF THE EAST ONE-HALF OF THE SAID NORTHEAST ONE-QUARTER OF HE NORTHWEST &QUARTER OF SECTION 7, A DISTANCE OF 1154.79 FEET, ITS INT] RIGHT-OF-WAY LINE OF HERB T HI NORTHEASTERLY, 31.12 FEET, ALOIN SAID AND AN ARC OF A 539.98 FOOT RAD Ct WHOSE 31.12 FOOT CHORD BEARS N58°2 '47 THENCE SOUTHEASTERLY, 80.53 FEET, RADIUS CURVE, CONCAVE SOUTHW BEARS S28045'31"E; THENCE N76°10'0 379.09 FEET, TO A POINT ON THE QUARTER OF THE NORTHWEST T S00°43'54"E, ALONG SAID EAST IT BEGINNING, CONTAINING 16.75 RES ;RSEC ION WITH THE SOUTHERLY )OV HIGHWAY SE; THENCE SO THERLY RIGHT-OF-WAY LINE, E, CONCAVE SOUTHEASTERLY, THENCE S31°50'05"E, 59.61 FEET; ,ONG AN ARC OF A 750.00 FOOT Y, WHOSE 80.50 FOOT CHORD 1 .89 FEET; THENCE N8905236"E, C L OF SAID NORTHEAST ONE- iUAR R OF SECTION 7; THENCE 1116.89 EET, TO SAID POINT OF 2. The Owner acknowledg/ions he City wishes to ensure%formaFnuce to the principles of the Comprehensivend the Northeast DistricIan. rther, the parties acknowledge that Iowa414.5 (2015) provides that t e City of Iowa City may impose reasonable coon granting a rezoning requ t,over and above the existing regulations, in atisfy public needs caused by th over change. 3. In consideration of he City's rezoning the subject property, Owner agrees that development of theysubject property will conform to all other require ents of the zoning chapter, as well a the following conditions: A. The developer hall provide pedestrian access connecting the subject land ,#p the city sidewalk system. aid access shall be constructed concurrently with the pubic imovements for any subdivion of the subject land. The developer may determine th te,*ut w' responsible fo acquiring any necessary property rights from intervenin "` ed$ owr including Joh on County, at developer's cost. The City will grant any tem* cpstren u� easement to the Developer to the extent that this access is provided within -owned pc right-of-way. coi 0 ppdadm/agVconditional zoning agreement rez15-00014.doc 2 4. The Owner and City 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 Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The partieacknowledge that this Conditional Zoning Agree ent shall be deemed to be a covenant hunning with the land and with title to the land, Od shall remain in full force and effect ascovenant with title to the land, unless or u til released of record by the City of Iowa Cit The parties further kknowledge that this agreement sh(I inure to the benefit of and bind all successors, repres tatives, and assigns of the pares. 7. The Owner acknowledge that nothing in this Co itional Zoning Agreement shall be construed to relieve the Ow\rezoni plying wi all other applicable local, state, and federal regulations. 8. The parties agree that thiZoni g Agreement shall be incorporated by reference into the ordinancsu ect property, and that upon adoption and publication of the ordinancen shall be recorded in the Johnson County Recorder's Office at the Apps . Dated this day of CITY OF IOWA CITY Matthew J Hayek, Mayor Attest: By: 5. Marian K. Karr, City Clerk By: C= Approved by: s�. City Attorney's Office °0 co CITY OF IOWA CITY AC OWLEDGEMENT: STATE OF IOWA ss: ppdadm/agt/conditional zoning agreement rez15-00014.doc 3 JOHNSON COUNTY ) This instrument was acknowledged before me on , 20_ by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of �e City of Iowa City. CORPORATE ACKNOWLEDGENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged CBD, LLC ACKNOWLEDGMENT: State of County of This record was acknowledg by was executed). ppdadm/agt/conditional zoning agreement rez15-00014.doc Notary Public in a for the State of Iowa (Stamp or Seal Title (and Ra k) b me on 20_ by as ore of , Inc. Notary Pu 'c in and for said County and State (Stamp or Sear Title (and Rank) fore me on (Date) (Name(s) of individual(s) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) 4 4d Prepared by: John Yapp, Dev. Srvs. Coordinator, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252 (REZ15-00016) ORDINANCE NO. 15-4638 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 1.85 ACRES OF PROPERTY ZONED COMMUNITY COMMERCIAL (CC -2) LOCATED BETWEEN WESTBURY DRIVE, EASTBURY DRIVE AND MIDDLEBURY ROAD, IN ORDER TO AMEND A CONDITIONAL ZONING AGREEMENT WHEREAS, the applicant, HD Capital Partners LLC, has requested a rezoning of property zoned Community Commercial (CC -2) in order to amend a Conditional Zoning Agreement affecting the property; and WHEREAS, the Northeast District Plan, an element of the Comprehensive Plan indicates that the commercial area should be designed with a Town Square or Main Street design to meet the goal to establish commercial areas that function as neighborhood centers; and WHEREAS, the applicant has proposed a site design that includes a building along the north side of the property, with berming, landscaping, benches, street trees and other streetscape features along the perimeter of the property in order to meet the spirit and intent of the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided it complies with the submitted site concept plan and the facade of the proposed building is reviewed to ensure compliance with pedestrian -oriented streetscape goals; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a 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 Community Commercial (CC -2) to Community Commercial (CC -2): Lots 42, 43, 44 and 45 of Olde Towne Village, Iowa City, Iowa, according to the plat thereof recorded in Book 49, Page 321, Plat Records of the Johnson County, Iowa 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. 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. 15-4638 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 15th day of September 2015. � f70 MAYOR ATTEST: r/ CI CLERK Ap roved by 7 City Attorneys Office 8 zu t(� Ordinance No. 15-4638 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: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 09/01/2015 Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSTAIN: Dobyns. ABSENT: None. Second Consideration _ Vote for passage: Date published 09/24/2015 Moved by Mims, seconded by Payne, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consdieration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Prepared by: John Yapp, Dev. Srvs. Coordinator, 410 E. Washington, Iowa City, IA 52240 (319) 356-5252 (REZ15-) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Eugene W and Ethel Madison 2008 Revocable Trust (hereinafter "Owner"), and HD Capital Partners, LLC (hereinafter "Applicant"). WHEREAS, Owner is the legal title holder of approximately 1.85 acres of property located between Eastbury Drive, Westbury Drive and Middlebury Road; and WHEREAS, the property is zoned Community Commercial (CC -2) and the Applicant has requested an amendment to the Conditional Zoning Agreement to allow a site design which is not in strict conformance with the concept plan which is adopted as a part of the Conditional Zoning Agreement; and WHEREAS, the Northeast District Plan, an element of the Comprehensive Plan, indicates the commercial area should be designed with a main street or town square design, and emphasize pedestrian -friendly site design in order to create commercial areas that serve as neighborhood centers; and WHEREAS, the Applicant has proposed a site design which meets the spirit and intent of the Comprehensive Plan by including a building along the north side of the property with berming, landscaping, benches, street trees and other streetscape features along the perimeter of the property; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding compliance with the submitted site concept plan and staff design review of the building elevations, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Eugene W and Ethel Madison 2008 Revocable Trust is the legal title holder of the property legally described as Lots 42, 43, 44 and 45 of Olde Towne Village, Iowa City, Iowa, according to the plat thereof recorded in Book 49, Page 321, Plat Records of the Johnson County, Iowa Recorder. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles ppdadm/agt/conditional zoning agreement old town Allage.doc of the Comprehensive Plan and the Northeast District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a 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, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Development will be in substantial compliance with the concept site plan dated August 5, 2015, attached hereto and incorporated herein by this reference; and b. Prior to issuance of a building permit, the building facade and elevations must be approved by the Staff Design Review Committee in order to insure the building is pedestrian -friendly, paying particular attention to the entrance at the southwest intersection of Westbury and Eastbury Drives. 4. The Owner, Applicant and City 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 Owner, Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 15th day of September —,20-15 CITY OF IOWA CITY HD Capital Partners, L.L.C. Matthew J Hayek, Mayor By: �Pv ti 75.E 04 a /U. - Attest: EUGENE WAND ETHEL MADISON 2008 REVOCABLE TRUST ppdadnvagdconditional zoning agreement dtl town village.doc 2 ri.�irl<. Karr, City Clerk By: Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) e— IVla'QuSev-, , lvusi-e e , `rvu S t --e c— This instrument was acknowledged before me on Ijk r 2015by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. )de- e— 'd e Notary Public in and for the State of Iowa (Stamp or Seal) ei K. TUTTLEPlumber221819Title (and Rank) issi n Expires HD CAPITAL PARTNERS, LLC ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on ,j 20„x- by asyNn'q'a of Inc. Notary Public in and for said County and State KOM pBS R NM (Stamp or Seal) ow Sed. byre Nssion No. 02 io1sTitle (and Rank) on Expires February ppdadm/agt/condibanal zoning agreement old town willage.doc 3 EUGENE W AND ETHEL MADISON 2008 REVOCABLE TRUST ACKNOWLEDGMENT: State of County ofd©' This record was acknowledged before me on $ (Date) bYwu�ogM; (Name(s) of individual(s) as (type of authority, such as officer or trustee) of e*► e, C,`s e+N Zoo Is (name of party on b half of whom record was executed). e J o c y,,t Notary Public in and for the State of Iowa *0W TERESA L. MORROW Commission Number 149499(Stamp or Seal) My Commission 6cires ll- ��• IJ' Title (and Rank) My commission expires: t a `k ppdadm/agtfconditional zoning agreement old town Wlage.doc Q a �1 uj ftft co ► F �q d �.... Z3 I II J-� A` n tri oa. N Marian Karr From: kevin digmann <kdigmann@yahoo.com> Sent: Thursday, September 03, 2015 8:40 AM To: Marian Karr Cc: Mike Hodge; Annie Seegmiller Subject: 1.85 Acres in Old Towne Village Marian, At the 9-1-15 City Council meeting the application for a new conditional zoning agreement for 1.85 acres in the center of Old Towne Village by HD Capital Partners passed first consideration. Since there has been much of support and no objection to the project, we would request the collapse of the second and third reading and pass and adopt at the September 15th meeting. . Thank you for your consideration. Kevin Digmann HD Capital Partners, L.C. Please confirm you received this email and the above request is adequate. 4e Prepared by: Katie Gandhi, Planning Intem, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (REZ15-00017) ORDINANCE NO. 15-4639 AN ORDINANCE CONDITIONALLY REZONING TO APPROVE A PLANNED DEVELOPMENT OVERLAY (OPD) PLAN FOR A MANUFACTURED HOUSING PARK TO ADD 38 -UNITS ON APPROXIMATLEY 14.36 ACRES OF PROPERTY LOCATED EAST OF RIVERSIDE DRIVE AND NORTH OF MCCOLLISTER BOULEVARD. (REZ15-00017) WHEREAS, the applicant, Ed Cole, has submitted a rezoning request to approve a Planned Development Overlay (OPD) plan for the 38 -unit expansion of the existing 14.36 acre Cole Community Mobile Home Park located East of Riverside Drive and North of McCollister Boulevard; and WHEREAS, the approval of the OPD/RS-12 rezoning also allows the reduction of the 30 -foot perimeter setback required of manufactured housing parks from the property line to the north, a manufactured housing park owned by the applicant, from the east, permanent open space owned by the City of Iowa City, and from the south, where a self-service warehouse facility was recently approved; and WHEREAS, the approval of the OPD/RS-12 rezoning also allows the reduction of the 60 feet public street right-of-way to a 32 feet private street easement and a reduction in pavement width from 26 feet to 22 feet; and WHEREAS, the Planning and Zoning Commission has recommended approval with appropriate conditions addressing the need for public safety, adequate pedestrian access and appropriate storm water management; and WHEREAS, the applicant will construct a storm shelter in order to meet the need for public safety. The shelter will contain sufficient capacity for 192 dwelling units based on state guidelines for storm shelters and final construction plans will be reviewed and approved by staff when a building permit is requested; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the applicant has 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. The property described below is hereby rezoned to Planned Development Overlay High Density Single Family Residential (OPD/RS12) subject to the Planned Development Overlay (OPD) plan attached hereto for an expansion of the 14.36 -acre manufactured house park located in the OPD/RS12 zone east of Riverside Drive north of McCollister Boulevard and subject to the Conditional Zoning Agreement attached hereto and incorporated herein: Lot 3 in Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision of the Southwest Quarter of Section 22, Township 79 North, Range 6 West of the 5th Principal Meridian. Excepting therefrom the following tract, to wit,, Beginning 202 feet southwesterly from the northwest comer of said Lot 3 of Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision; thence South 85°52' East a distance of 384 feet; thence South 17°10' West to the original south line of said Lot 3, a distance of 549 feet; thence North 76° West a distance of 215 feet; thence North 5°30' West a distance of 360.5 feet; thence easterly 21 feet; thence North 2°40' East a distance of 142 feet to the place of beginning. Further excepting the following, Ordinance No. 15-4639 Page 2 Beginning at the Southeast comer of said Lot 3 of the Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision; thence N76°42'52"W, along the southerly line of said Lot 3, a distance of 88.94 feet; thence N16°31'56"E, a distance of 780.57 feet to a point on the northerly line of said Lot 3, thence S80°01'58"E, a distance of 255.60 feet more or less, along said northerly line and its southeasterly projection thereof, to a point which is at the Mean High Water Mark of the Iowa River as it is presently located, which is witnessed by a 5/8 inch iron rebar set 3 feet, normally distant, westerly of the Westerly Top of Bank of said Iowa River; thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the Westerly Top of Bank of said Iowa River and is located 193.34 feet, S16°32'12"E, of the previous witness marker; thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the Westerly Top of Bank of said Iowa River and is located 252.45 feet, S00°38'13"W, of the previous witness marker; Thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the Westerly Top of Bank of said Iowa River, and is located 128.20 feet, S12°39'26"W, of the previous witness mark; thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River at its intersection with the southerly projection of the Southerly Line of said Lot 3, which point is witnessed by a 5/8 inch iron rebar set on said Southerly Line of Lot 3, 3 feet normally distant westerly of the Westerly Top of Bank of said Iowa River and which marker is located 252.21 feet, S16°57'57"W, of the previous witness marker; thence from said Mean High Water Mark, N76°42'52"W, along said southerly line 347.29 feet, to the point of Beginning. Said parcel of land contains 7.17 Acres more or less and is subject to easements and restrictions of record. And further excepting the fee simple acquisition described in Condemnation Proceedings recorded in Book 4202, Page 714 and re-recorded in Book 4244, Page 762. 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 and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of September , 20 15 i. MAYOR ATTEST: CTTY CLERK App ved by City Attorney's Office �/ / Ordinance No. 15-4639 Page 3 It was moved by Mims and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 09/01/2015 Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 09/24/2015 Moved by Mims, seconded by Payne, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Throgmorton, Botchway, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Prepared by: Katie Gandhi, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ15-00017) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Ed Cole (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 14.36 acres of property located East of Riverside Drive and North of McCollister Boulevard; and WHEREAS, the Owner has requested the approval of a Planned Development Overlay (OPD) plan for a 38 -unit expansion of the existing 14.36 acre Cole Community Mobile Home Park; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Planning and Zoning Commission has recommended approval with appropriate conditions addressing the need for public safety, adequate pedestrian access, and appropriate storm water management; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for the preservation of public health, safety, and welfare; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Ed Cole is the legal title holder of the property legally described as: Lot 3 in Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision of the Southwest Quarter of Section 22, Township 79 North, Range 6 West of the 5th Principal Meridian. Excepting therefrom the following tract, to wit, Beginning 202 feet southwesterly from the northwest corner of said Lot 3 of Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision; thence South 85°52' East a distance of 384 feet; thence South 17010' West to the original south line of said Lot 3, a distance of 549 feet; thence North 760 West a distance of 215 feet; thence North 5030' West a distance of 360.5 feet; thence easterly 21 feet; thence North 2°40' East a distance of 142 feet to the place of beginning. Further excepting the following, Beginning at the Southeast corner of said Lot 3 of the Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision; thence N76042'52"W, along the southerly line of said Lot 3, a distance of 88.94 feet; thence N16031'56"E, a distance of 780.57 feet to a point on ppdadm/agt/conditional zoning agreement rez15-00017 cole's mobile home (2).docx 1 the northerly line of said Lot 3, thence S80001'58"E, a distance of 255.60 feet more or less, along said northerly line and its southeasterly projection thereof, to a point which is at the Mean High Water Mark of the Iowa River as it is presently located, which is witnessed by a 5/8 inch iron rebar set 3 feet, normally distant, westerly of the Westerly Top of Bank of said Iowa River; thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the Westerly Top of Bank of said Iowa River and is located 193.34 feet, S16032'12"E, of the previous witness marker; thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the Westerly Top of Bank of said Iowa River and is located 252.45 feet, S00038'13"W, of the previous witness marker; Thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the Westerly Top of Bank of said Iowa River, and is located 128.20 feet, S12039'26"W, of the previous witness mark; thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River at its intersection with the southerly projection of the Southerly Line of said Lot 3, which point is witnessed by a 5/8 inch iron rebar set on said Southerly Line of Lot 3, 3 feet normally distant westerly of the Westerly Top of Bank of said Iowa River and which marker is located 252.21 feet, S16°57'57"W, of the previous witness marker; thence from said Mean High Water Mark, N76042'52"W, along said southerly line 347.29 feet, to the point of Beginning. Said parcel of land contains 7.17 Acres more or less and is subject to easements and restrictions of record. And further excepting the fee simple acquisition described in Condemnation Proceedings recorded in Book 4202, Page 714 and re-recorded in Book 4244, Page 762. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the South Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a 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, Ed Cole agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Prior to issuance of any building permit for the property described herein, compliance with the planned development overlay plan attached hereto, which shall include the construction of a storm shelter and sidewalk along the existing east -west private street to Riverside Drive, as well as the resurfacing of said private street; and b. Prior to approval of any site plan for the property described herein, the lot line between the property described herein and the property to the north shall be dissolved and the Owner shall receive City Engineer's approval of grading and drainage plans. 4. The Owner and City 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. ppdadm/agt/conditional zoning agreement rez15-00017 cole'5 mobile home (2).docx 2 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledges 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 Owner's expense. Dated this day of Ay q , 20tl- CITY OF IOWA CITY Attest: f/ '1C�z.cst� 7t Marian Karr, City Clerk Ap ved by: City Attorney's OfFce CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me By: on J LP r 15 20 II S by Matthew J Hayek and Marian IC Karr as Mayor and City Clerk, respectively, of the City of Iowa City. /ze--G (r' -e.. M i Notary Public in and for the State of Iowa KELLIE K. TUTTLE o Ci,mmiss;. n i')umber 221819 1,1y Com issio Expires yiiWA� ppdadmlagVoondhlonal zaniN agreemeni rez15400017 tale's mobile home (2).d= 3 (Stamp or Seal) Title (and Rank) STATE OF JOHNSON COUNTY This instrument was (Stamp or Seal) Title (and Rank) OWNER, ED COLE, ACKNOWLEDGMENT: State of �Zmw-- County of --- , ,,_t a t, 20_ by Of , Inc. I ny "dl lu 'now This record was acknowledged before me on dol ate) by�.� ,� S7, C r< �� (Name(s) of indiAual(s) as C) w r ¢„-- (type of authority, such as officer or trustee) of — (name of party on behalf of whom record was executed). Nota blic in and for the St-at6 of Iowa (Stamp or Seal) Title (and Rank) My commission expires: -1 ppdadmlagttconditional zoning agreement rez15-00017 cole's mobile home.docx 4 E%(P °s a V 3 J r � � , a^ �� 3 �^�'•«�._ S� R i p} R I z�Yg bs $�Ju ff d£ i !§ LLJ s s 12 $ € EF i -F #� I It AIN, ' Ff-W• lRlv�'' W . r a � a ly Q Q ®~ �s Va a ~ s I z�Yg bs $�Ju ff d£ i !§ LLJ s s 12 $ € EF i -F #� I It AIN, ' Ff-W• lRlv�'' W . r d ly b n 'I Marian Karr From: Larissa Rosenquist <larissa.cole7@gmail.com> Sent: Wednesday, September 02, 2015 5:18 PM To: Marian Karr Cc: Cheri Cole; Eddie Cole Subject: Coles Community Mobile Home Park Marian - In order to make sure that we can install the utilities, roads and other necessary infrastructure prior to winter, we are asking to collapse the second and third readings for the rezoning of Cole's Community Mobile Home Park. Thank you! Ed and Cheri Cole CITY OF IOWA CITY MEMORANDUM Date: September 8, 2015 To: Tom Markus, City Manager From: John Yapp, Development Services Coordinator Re: Cole Manufactured Housing Park and Iowa River Levee At the September 1" City Council meeting, there was a question regarding the elevation of the `West Side Levee,' which is the levee on the west side of the Iowa River, adjacent to the Cole (FKA Thatcher) Manufactured Housing Park. The top of the levee is constructed at the 100 -year flood event level plus three feet (100 yr + 3'), and is 646.5 feet above sea level. For comparison, the measured level of the 2008 Flood at this location was 643.9'; the estimated level of a 500 -year flood event is 6445. In other words, the top of the levee is two feet above the estimated 500 -year flood event. 09-15-15 4f Prepared by: Katie Gandhi, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (REZ15-00013) ORDINANCE NO. 15-4640 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 33.37 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF CAMP CARDINAL ROAD NORTH OF CAMP CARDINAL BOULEVARD FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) TO PLANNED DEVELOPMENT OVERLAY/LOW DENSITY SINGLE FAMILY RESIDENTIAL (OPD5) AND APPROVAL OF PRELIMINARY SENSITVE AREAS DEVELOPMENT PLAN. (REZ15-00013) WHEREAS, the applicant, St. Andrew Presbyterian Church, has requested a rezoning of property located north of Camp Cardinal Boulevard and east of Camp Cardinal Road from Low Density Single Family Residential (RS -5) to Planned Development Overlay/Low Density Single Family Residential (OPD5) and approval of a preliminary Sensitive Areas Development Plan; and WHEREAS, the Comprehensive Plan indicates that the area is appropriate for low to medium density single family residential uses; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning application and has determined that it complies with the Comprehensive Plan subject to a sufficient Wetland Mitigation Plan being approved by staff prior to City Council consideration of the application; and WHEREAS, the Planning and Zoning Commission has determined that the proposed rezoning request complies with the Comprehensive Plan provided that it meets conditions addressing the need for public safety and adequate public infrastructure and utilities; 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 owner and applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement and the preliminary Sensitive Areas Development Plan 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. The attached Preliminary Sensitive Areas Development Plan is hereby approved. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified from its current zoning designation of Low Density Single Family Residential (RS -5) to Planned Development Overlay/Low Density Single Family Residential (OPD5) PART OF THE WEST FRACTIONAL 1/2 OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, AND PART OF AUDITOR'S PARCEL 2012062 AS RECORDED IN BOOK 57, PAGE 9 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL 2012062; THENCE N88°43'06"E 373.68 FEET ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 2012062 TO THE POINT OF BEGINNING; THENCE CONTINUING N88°43'06"E 1122.53 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID AUDITOR'S PARCEL; THENCE SO°05'11"W 978.41 FEET ALONG THE EAST LINE OF SAID AUDITOR'S PARCEL TO THE SOUTHEAST CORNER THEREOF; THENCE N89°19'26"W 985.54 FEET ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL; THENCE N20°09'30"W 377.53 FEET; THENCE N69057'1O"W 93.62 FEET; THENCE NORTHEASTERLY 218.76 FEET ALONG THE ARC OF A 233.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY (CHORD BEARS N25°36'54"E 210.81 FEET); THENCE N1 °16'54"W 364.75 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 26.34 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Ordinance No. 15-4640 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. Passed and approved this 15th day of September , 2015. ATTEST: Q�J CIT LERK Appr ved by 2C City Attorney's Office Ordinance No. 15-4640 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: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 09/01/2015 Vote for passage: AYES: Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 09/24/2015 Moved by Mims, seconded by Dobyns, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None. Prepared by: Katie Gandhi, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ15-00013) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City") and St. Andrew Presbyterian Church (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 33.37 acres of property located north of Camp Cardinal Boulevard and east of Camp Cardinal Road; and WHEREAS, Owner has requested the rezoning of said property from Low Density Single Family Residential (RS -5) to Planned Development Overlay Low Density Single Family Residential (OPD -5) and approval of a Preliminary Sensitive Areas Development Plan; and WHEREAS, the Sensitive Areas Development Plan includes wetland mitigation and buffer reductions to allow construction of a church and associated parking lots; and WHEREAS, the Planning and Zoning Commission has determined that the proposed rezoning request complies with the Comprehensive Plan provided that it meets conditions addressing the need for adequate public infrastructure and utilities; and WHEREAS, the Planning and Zoning Commission has also recommended approval of the requested zoning subject to a sufficient Wetland Mitigation Plan being approved by staff prior to City Council consideration of the application; and WHEREAS, Staff subsequently approved a wetland mitigation plan for this development; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting an owner's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and its requirements for the installation of adequate infrastructure and utilities; and WHEREAS, Owner acknowledges the need to improve Camp Cardinal Road to provide street access to this property; and WHEREAS, Owner recognizes that the extension of water and sewer lines is necessary for the future development of surrounding properties; and WHEREAS, Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. St. Andrew Presbyterian Church is the legal title holder of the property legally described as the following: ppdadmtagVconditionalzoningagreement-draft 8-21-15(3).docx LEGAL DESCRIPTION - OPD -5. SENSITIVE AREAS ZONING: PART OF THE WEST FRACTIONAL 1/2 OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, AND PART OF AUDITOR'S PARCEL 2012062 AS RECORDED IN BOOK 57, PAGE 9 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL 2012062; THENCE N88°43'06"E 373.68 FEET ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 2012062 TO THE POINT OF BEGINNING; THENCE CONTINUING N88°43'06"E 1122.53 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID AUDITOR'S PARCEL; THENCE SO°05'11"W 978.41 FEET ALONG THE EAST LINE OF SAID AUDITOR'S PARCEL TO THE SOUTHEAST CORNER THEREOF; THENCE N89°19'26"W 985.54 FEET ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL; THENCE N20°09'30"W 377.53 FEET; THENCE N69°57'10"W 93.62 FEET; THENCE NORTHEASTERLY 218.76 FEET ALONG THE ARC OF A 233.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY (CHORD BEARS N25°36'54"E 210.81 FEET); THENCE N1 °16'54"W 364.75 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 26.34 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting an owner'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, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. In the event that the owner desires to develop any portion of the property prior to platting, owner shall pave that portion of Camp Cardinal Road adjacent to the property described above to City collector standards. Storm sewer and waterlines shall also be extended within these same improvement limits. Construction plans for Camp Cardinal Road, including the water and sewer infrastructure, must be approved by the City prior to issuance of a foundation permit. Emergency vehicle access and extension of water lines to the construction site must be complete prior to issuance of a foundation permit. A final certificate of occupancy will not be issued until these infrastructure improvements are complete and accepted by the City. b. In the event that the owner subdivides this property, or portion thereof, prior to application for any building permit, including a foundation permit, owner shall pave that portion of Camp Cardinal Road adjacent to any and all platted, numbered lots and pave any internal streets (e.g. Elder Drive, as shown on the Preliminary Sensitive Areas Development Plan, attached hereto), to City collector street standards. Storm sewer and waterlines shall be extended within these same improvement limits. These improvements shall be considered part of the public improvements for the first phase of any such subdivision, and construction shall be governed by the terms of a subdivider's agreement, which shall require the public improvements be installed prior to issuance of any building permit on any lots in the subdivision unless an improvements escrow is provided under the terms set forth in said subdivider's agreement. ppdadm/agt/conditionalzoningagreement-draft 8-21-15(3).docx 2 4. The Owner and City 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 Owner and City acknowledge 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 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 acknowledges 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 Owner's expense. Dated this 15th day of September , 2015. CITY OF IOWA CITY ST. ANDREW Atq� Matthew J. Hayek, Mayor Attest: Maria arr, City Clerk Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) ppdadm/agVconditionalzoningagreement-draft 8-21-15(3).docx 3 By: By: AN CHURCH ea 49,06 , Cy.acR This instrument was acknowledged before me on 15 , 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) �� KELLIE K. TUTTLE �� � Commission Number 221819 Title (and Rank) ft1Y Com ssio Expires IQN')l ST. ANDREW PRESBYTERIAN CHURCH ACKNOWLEDGMENT: State of '1,* County of U o1&v.50,^ This record wgs acknowledged before me on A .7-06—(Date) by J"nln u4r, tA- (Name(s) of indivi al(s) as cSL' (type of authority, such as officer or trustee) of rckdlkname of party on behalf of whom record was executed). Notary Public iU and for the Stat of Iowa (Stamp or Seal) c0rffl*GW N~ 721 my Title (and Rank) ti 5. My commission expires: - 13-1 le ppdadm/agt/conditionalzoningagreement-draft 8-21-15(3).docx 4 UL -1.1—L � � � r �■�■c lit ; � �R / UL -1.1—L � � � r �■�■c lit ; Marian Karr From: Susan K. Forinash <Susan@halleng.com> Sent: Wednesday, September 02, 2015 7:46 AM To: Bob Miklo; Marian Karr; Julie Voparil; Kellie Tuttle; John Yapp Cc: Troy Culver; John Roffman (roffmanjohn@mchsi.com); Loren Hoffman; Jason Santee; Susan K. Forinash Subject: St Andrew Presbyterian Church Rezoning (REZ15-00013) On behalf of the of the property owner, St Andrew Presbyterian Church, we respectfully request that the City Council combine the 2nd and 3rd readings of the rezoning (Low Density Single Family Residential (RS -5) to Planned Development Overlay/Low Density Single Family Residential (OPD5)) at the City Council meeting on Tuesday, September 22nd. Thank you. Susan Forinash Project Coordinator Hall & Hall Engineers, Inc. 1860 Boyson Road Hiawatha IA 52233 (319) 362-9548 Cell (3 19) 3 61-63 10 Email: susanAhalleng com 09-15-15 4g Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 15-4641 AN ORDINANCE AMENDING TITLE 14: ZONING TO ADD A DEFINITION FOR "ROOFTOP SERVICE AREAS" AND ESTABLISH STANDARDS FOR SUCH USES. WHEREAS, Iowa City, similar to other cities across the country, have experienced an increased demand for outdoor seating areas associated with restaurants, bars, hotels, and similar commercial uses; and WHEREAS, rooftop service areas (RSAs) offer a similar outdoor atmosphere and add to the vibrancy of commercial areas and are particularly attractive in urban settings where ground level outdoor space on private property is limited; and WHEREAS, due to the concentration of drinking establishments in the downtown area, many are considered nonconforming with regard to the required 500 foot spacing requirement, so without an amendment to the zoning ordinance, any expansion to include a rooftop service area would not be allowed due to the prohibition against expansion of nonconforming uses; WHEREAS, while rooftop service areas may be a desirable use in certain areas, for larger rooftop service areas or for those associated with late night operations, such as bars, careful consideration of location, proximity to residential uses, hours of operation, design, noise, and accessibility need to be taken into account and therefore consideration of each on a case by case basis through the special exception process is warranted; and WHEREAS, for smaller rooftop service areas with limited hours of operation or for certain uses, such as hotels, that are likely to take potential externalities into account due to presence of overnight guests, a less stringent administrative design review process is appropriate; and WHEREAS, noise control and use of amplified sound is of particular concern due to the potential for sound to travel further from elevated locations, so special attention is needed when considering design of these spaces to prevent nuisance noise and amplified sound should only be allowed with oversight by the City through a temporary use permit or through special provisions reviewed administratively by the City; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning amendments and recommend approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amend Article 14-9A, General Definitions, adding the following definition, as follows: Rooftop Service Area (RSA): An accessory use to an Eating or Drinking Establishment, Commercial Recreational Use, Hospitality -Oriented Retail Use or similar principal use that is designed as an outdoor seating or gathering space located on a rooftop or upper floor terrace of a building, and that is open to the public for events, entertainment, meetings, and/or as a food and beverage service area. Rooftop patios or upper floor terraces intended for private use by the residents or occupants of a building are not considered RSAs. If the RSA is accessory to an establishment that is licensed by the State to sell alcoholic beverages, it is considered a type of "Outdoor Service Area" as defined in Section 4-1-1, and is subject to the applicable regulations in Title 4, Alcoholic Beverages. Ordinance No. 15-4641 Page 2 B. Amend Section 14-4C-2, adding a new subsection V to allow rooftop service areas as accessory uses in specific zoning districts and establish specific approval criteria for RSAs, as follows: V. Rooftop Service Areas (RSAs) Rooftop Service Areas (RSAs), as defined in Article 14-9A, are allowed in accordance with the regulations indicated in this subsection and Table 4C-2. Where a RSA is allowed as a provisional use, the application for such approval shall be administered through the Design Review process. Where a RSA is allowed only by special exception, an application for such approval must be reviewed and approved by the Board of Adjustment. Any RSA accessory to a use that is licensed by the State to sell alcoholic beverages is considered a type of "outdoor service area," as defined in Title 4-1-1, and is subject to the applicable regulations in Title 4, Alcoholic Beverages. Additional approval criteria apply to RSAs proposed for nonconforming Drinking Establishments, as set forth in paragraph 2, below. Table 4C-2: Rooftop Service Areas (RSAs) Zone General Rules Requirements ID Zones, 1-1,1.2 None permitted Not applicable Residential Zones None Permitted Not applicable CO -1, CN -1, MU, RFC -G Allowed as Provisional Uses Compliance with approval criteria listed below. For RSAs serving alcohol, compliance with applicable regulations for outdoor service areas in Title 4, Alcoholic Beverages. Maximum Occupancy: 30, or the max. occupancy for the principal use, whichever is less. Hours of Operation limited to: 10:00 AM to 10:00 PM or when the kitchen is closed, whichever is more restrictive. CI -1, CC -2, CH -1, C&2, C&5 Allowed as Provisional Uses within the hours Compliance with approval criteria listed below. RDP, ORP of operation and occupancy limits stated in For RSAs serving alcohol, compliance with this Table. applicable regulations for outdoor service areas A RSA operating outside of the hours of in Title 4, Alcoholic Beverages. operation or occupancy limits set forth in this Maximum Occupancy: 30, or the max. table may be allowed by special exception. occupancy for the principal use, whichever is However, if located within 100 feet of a less. residential zone, no special exception is Hours of Operation limited to: 10:00 AM to 10:00 allowed. PM or when the kitchen is closed, whichever is earlier. For RSAs that require a special exception, compliance with the general special exception approval criteria set forth in 14-4B-3. Ordinance No. 15-4641 Page 3 RFC Zones, except RFC -G C&10 If accessory to: Hospitality -Oriented Retail Use: Allowed as a provisional use in accordance with the hours of operation set forth in this table. A RSA operating outside these hours may be allowed by special exception. Commercial Recreational Use or Eating Establishment: Allowed as a Provisional Use, provided the RSA has an occupancy limit of 30 people or less and is in accordance with the hours of operation set forth in this table. A RSA operating outside of these hours of operation or occupancy limits may be allowed by special exception. Drinking Establishment or other principal use not listed above: Allowed only by special exception. If accessory to: Hospitality -Oriented Retail Use: Allowed as a provisional use. Commercial Recreational Use or Eating Establishment: Allowed as a Provisional Use, provided the RSA has an occupancy limit of 50 people or less. A special exception is required for RSAs proposed to exceed this occupancy limit. Drinking Establishments or other principal uses not listed above: Allowed only by special exception. Compliance with approval criteria listed below. For RSAs that require a special exception, compliance with the general special exception approval criteria set forth in 14-46-3. For RSAs serving alcohol, compliance with applicable regulations for outdoor service areas in Title 4, Alcoholic Beverages. Hours of Operation limited to: 10:00 AM to 10:00 PM - Sunday —Thursday 10:00 AM to 12:00 Midnight — Friday, Saturday, or when the kitchen is closed, whichever is earlier. If located within 100 feet of a residential zone, the maximum occupancy shall be 30 and the hours of operation shall be limited to 10:00 AM to 10:00 PM daily or when the kitchen is closed, whichever is earlier. These limits may not be exceeded by special exception. Compliance with approval criteria listed below. For RSAs that require a special exception, compliance with the general special exception approval criteria set forth in 1446-3. For RSAs serving alcohol, compliance with applicable regulations for outdoor service areas in Title 4, Alcoholic Beverages. If located within 100 feet of a residential zone, maximum occupancy is 30 and hours of operation limited to 10:00 AM to 10:00 PM daily or when the kitchen is closed, whichever is more restrictive. These limits may not be exceeded by special exception Approval Criteria for Rooftop Service Areas a. Accessibility The RSA shall meet all building and fire code requirements, be ADA compliant, include elevator service, and have accessible restrooms provided. b. Design The RSA shall be designed in an attractive manner that will not detract from adjacent uses, and will prevent nuisance and safety issues. The applicant shall submit a design plan with the application for a RSA that, at a minimum, specifies and illustrates the proposed size, dimensions, setbacks from adjacent buildings and roof edges, occupancy load, layout, landscaping elements, access routes, elevator, and accessible bathrooms. RSAs shall meet the following minimum standards. If a special exception is required, the Board of Adjustment may impose additional or more restrictive conditions to mitigate any anticipated externalities, including but not limited to restrictions on hours of operation, lighting, size, occupancy load, and setback and screening requirements. 1) The RSA shall be located directly adjacent to or above the use to which it is accessory and there shall not be other uses located on floors in between the RSA and the use to which it is accessory. Ordinance No. 15-4641 Page 4 2) The RSA must be setback from adjacent upper floor uses and the edge of the roof and screened and completely enclosed within a decorative fence or wall built of high quality, durable materials. Landscaping elements, such as planters and green roofs, may be used to soften views or provide a buffer. The setback and screening must be established in a manner that will not unduly block light, air, or outdoor views from upper floor windows on abutting buildings. 3) The RSA must be set back a minimum of 10 feet from the street -facing edge of the roof. A smaller buffer between the RSA and the roof parapet or guardrail may be allowed, provided the buffer is determined to adequately address public safety. The buffer and screen wall shall be of a sufficient depth and/or height and constructed of attractive, durable materials that may also include landscaping elements to prevent persons from leaning or dropping things over the parapet or guardrail that encloses the terrace or rooftop. A design of the proposed buffer and screen wall shall be submitted with the application. 4) The lighting must comply with Article 14-5G, Outdoor Lighting Standards. Except for any lighting required by the building code, lights must be turned off when the RSA is not in operation. A lighting plan shall be submitted that illustrates compliance with these standards. 5) No signs shall be allowed in or on the exterior wall or fence of the RSA that are within public view, as defined in 14-9A. c. Management 1) For RSAs that are also outdoor service areas, as defined in Title 4, there must be a RSA management plan in place and at least one employee must be designated to monitor the safety and compliance of the RSA during hours of operation. The proposed management plan shall be submitted with the application. If nuisance or safety issues arise, the City may require immediate changes to the management plan and/or the number of monitors to remedy the situation and reserves the right to suspend or revoke the RSA permit. 2) In the CB -10 Zone, where the building containing the RSA abuts or is directly across a public alley from a property containing upper floor residential uses or hotel rooms that have windows facing the RSA, the hours of operation of the RSA are limited to 10:00 AM toll 0:00 PM Sunday through Thursday and 10:00 AM to 12:00 midnight Friday and Saturday. d. Food Service If alcohol is being served, food service must be provided. Prior to approval of a RSA, the applicant must submit evidence indicating how this requirement will be met. e. Noise The design of the RSA must minimize the carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, or similar may be required. Evidence of such a noise mitigation plan must be included with a RSA application. In addition, after a RSA is established, the City reserves the right to require additional measures to remedy any violation of the City's noise or nuisance ordinance, as determined by the City. f. Amplified Sound Due to the potential nuisance to neighboring properties and the general public in the Ordinance No. 15-4641 Page 5 surrounding neighborhood, amplified sound is only allowed for RSAs associated with hospitality -oriented retail uses in the RFC -SD subdistrict and for RSAs in the CB -10 Zone, subject to the limitations set forth below. RSAs accessory to Hospitality - Oriented Retail Uses are not required to obtain a temporary use permit, but must comply with the City's noise and nuisance ordinance, and the standards stated below. Amplified sound is only allowed for a RSA in the CB -10 zone upon receipt of a seasonal temporary use permit, unless it is accessory to a hospitality -oriented use. Permits for amplified sound are subject to the standards and restrictions set forth below and the general approval criteria for temporary uses as set forth in Article 14- 4D. A temporary use permit may be denied or rescinded at the discretion of the City if noise becomes a nuisance or terms of the temporary use permit or the special exception conditions are violated. 1) If a RSA is located within 300 feet of a residential zone, amplified sound is prohibited; 2) The City may restrict the hours when amplified sound may be used. However, in no case shall amplified sound be permitted between the hours of 12:00 midnight and 10:00 AM; 3) No live entertainment using amplification shall be allowed; 4) Amplified sound may be restricted or prohibited during public events, festivals or concerts; 5) The applicant must demonstrate to the satisfaction of the City that the design of the RSA will minimize carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, control of volume, or similar may be required. 2. Additional Special Exception Approval Criteria for Nonconforming Drinking Establishments A RSA accessory to a nonconforming Drinking Establishment may be allowed by special exception provided it meets the general approval criteria for special exceptions set forth in 14-413-3, the approval criteria stated above for all RSAs and the additional approval criteria listed below: a. The RSA shall be located directly above and contiguous to the licensed drinking establishment. Contiguous means there may not be other uses located on floors in between the drinking establishment and the accessory RSA. b. There shall be no horizontal expansion of the licensed drinking establishment; c. There shall be no increase in interior floor area or interior occupant load of the existing drinking establishment, except if necessary for required bathrooms, elevator, stairs, kitchen equipment, or other essential elements necessary to meet accessibility, building code requirements or to meet the requirements or conditions of the special exception. C. Amend 14-4D-2, Temporary Uses Allowed, by adding a new subparagraph as follows: • Seasonal permit for any proposed amplified sound for rooftop service areas (RSAs) located in the Central Business District (CB -10), subject to the standards and restrictions set forth in Section 14 -4C -2V, Rooftop Service Areas, and any other conditions deemed appropriate by the City to ensure the general comfort, welfare and safety of the public. D. Delete 14 -4E -5A-1, and substitute in lieu thereof: Ordinance No. 15-4641 Page 6 1. A nonconforming use shall not be enlarged, except as set forth in this Section 5. E. Amend subsection 14 -4E -5G, Nonconforming Drinking Establishments and Alcohol Sales - Oriented Retail Uses, by adding a new paragraph 4, as follows: 4. Non -conforming Drinking Establishments may expand to include a rooftop service area upon approval of a special exception pursuant to the criteria set forth in 14-4C, Accessory Uses. F. Amend Design Review Article, Section 14 -3C -2A, adding a paragraph 11, as follows: 11. Rooftop Service Areas as set forth in 14-4C, Accessory Uses. G. Amend Design Review Article, Section 14 -3C -3A-1 a, to require a Level 1 Design Review for rooftop service areas by adding a paragraph 12 as follows: (12) Rooftop Service Areas as set forth in 144C, Accessory Uses. H. Amend Design Review Article, Section 14 -3C -3B, setting forth design review approval criteria for rooftop service areas by adding a paragraph 10, as follows: 10. Rooftop Service Areas allowed as provisional uses according to approval criteria set forth in 14-4C, Accessory Uses. 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. Passed and approved this 15th day of September , 2015. v ATTEST: CITY LERK Approved by: City Attorney's Office Ordinance No. 15-4641 Page 7 It was moved by Dobyns and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 08/18/2015 Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns. NAYS: None. ABSENT: None. Second Consideration 09/01/2015 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: None. Date published 09/24/2015 09-15-15 4h Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 15-4642 AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, TO ACKNOWLEDGE AND CROSS-REFERENCE AMENDMENTS PROPOSED TO THE ZONING CODE ALLOWING ROOFTOP SERVICE AREAS AND AMENDMENTS TO TITLE 10, PUBLIC WAYS AND PROPERTY, TO ALLOW SIDEWALK CAFES IN THE RIVERFRONT CROSSINGS DISTRICT. WHEREAS, Iowa City, similar to other cities across the country, has experienced an increased demand for outdoor seating areas associated with restaurants, bars, hotels, and similar commercial uses; and WHEREAS, rooftop service areas offer a similar outdoor atmosphere and add to the vibrancy of commercial areas and are particularly attractive in urban settings where ground level outdoor space on private property is limited; and WHEREAS, similar to outdoor seating areas located at the ground level, owners of establishments that have rooftop service areas may wish to serve alcoholic beverages in the rooftop seating areas; and WHEREAS, outdoor areas where alcoholic beverages areas are served for on-site consumption are defined as "outdoor service areas" and rules for these areas are set forth in Title 4, Alcoholic Beverages; and WHEREAS, in order to allow service of alcohol in rooftop service areas, it is necessary to amend Title 4 to acknowledge and clarify the standards for this new type of outdoor seating area and cross reference the zoning standards that apply; and WHEREAS, a provision that requires establishments that serve alcohol to be located entirely on the ground floor of buildings with windows allowing views into the interior space is obsolete as changes to police procedure have since addressed concerns about establishments that are located either above or below the ground level floor. In addition, the provision has been rendered virtually meaningless by repeated amendments over the years allowing numerous exemptions to this rule, so it is in the interests of the City to delete this requirement in its entirety rather than to create one more exemption from this rule for rooftop service areas; and WHEREAS, the redevelopment in the Riverfront Crossings District is likely to increase demand for sidewalk cafes in areas where mixed-use and commercial buildings are being encouraged; and WHEREAS, sidewalk cafes are a desirable use to encourage active, pedestrian -friendly streets; and WHEREAS, Title 10 sets forth the zones and locations where sidewalk cafes are allowed on public property, so in order to allow sidewalk cafes in the Riverfront Crossings District, Title 10 must be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Delete paragraph 4-2-213. B. Amend the Regulations of Outdoor Service Areas paragraph 4-3-1C-1, by adding anew sub -paragraph d. as follows, and re -numbering subsequent subparagraphs accordingly: Ordinance No. 15-4642 Page 2 of 3 d. An outdoor service area maybe located on a rooftop if it is in compliance with the standards of this Title and the applicable standards and approval processes for Rooftop Service Areas, as set forth in Article 14-4C, Accessory Uses. Note that a special exception may be required. C. Delete the current location restriction for outdoor service areas set forth in 4 -3 -1C -1e(1), and substitute in lieu thereof: (1) For outdoor service areas located in the RFC -G Zone, hours of operation are limited to 7:00 AM to 10:00 PM daily, or when the kitchen is closed, whichever is more restrictive. For all other RFC Zones, hours of operation for outdoor service areas are limited to 7:00 AM to 10:00 PM on Sundays through Thursdays; and 7:00 AM to 12:00 Midnight on Fridays and Saturdays, or when the kitchen is closed, whichever is more restrictive. However, if an outdoor service area is located within 100 feet of a residential zone, hours of operation are limited to 7:00 AM to 10:00 PM daily, or when the kitchen is closed, whichever is more restrictive. D. Delete the noise restrictions for outdoor service areas in paragraph 4-3-1 C-5, and substitute in lieu thereof: 5. Noise Restrictions: Compliance with the City noise ordinance shall be required. Amplified sound shall be prohibited in outdoor service areas, except for limited use in rooftop service areas as set forth in 144C, Accessory Uses, and 14-4D, Temporary Uses. E. Delete paragraph 10-3-3A, allowing for sidewalk cafes in certain public rights-of-way, and substitute in lieu thereof: A. Sidewalk cafes are permitted in the public right-of-way only in the Central Business Zones (CB -2, CB -5, and CB -10 zones) and in the Riverfront Crossings District. F. Delete the current hours of operation limitations for sidewalk cafes paragraph 10-3-3G., and substitute in lieu thereof: G. In the Central Business Zones, sidewalk cafes shall operate only between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight. In the Riverfront Crossings District, sidewalk cafes shall operate only between the hours of 7:00 A.M. and 10:00 P.M. in the RFC -G Zone. In all other RFC Zones sidewalk cafes shall operate only between the hours of 7:00 AM and 10:00 PM Sunday through Thursday and between the hours of 7:00 AM and 12:00 midnight Friday and Saturday. 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. Passed and approved this 15th day of September , 2015. Ordinance No. 15-4642 Page 3 of 3 0: MY, 0 ATTEST:y '7� .— CITY CLERK Approved by: « City Attorney's Office l i 31 Ordinance No. 15-4642 Page 4 It was moved by Payne and seconded by _ Ordinance as read be adopted, and upon roll call there were: Dickens that the AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 08/18/2015 Voteforpassage: AYES: Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Second Consideration 09/01/2015 Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns. NAYS: None. ABSENT: None. Date published 09/24/2015 72 Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 7 LIMITATIONS ON SALES, SUBSECTION B, TO CLARIFY INAPPLICABILITY TO TASTING EVENTS. WHEREAS, the City has long prohibited all -you -can -drink specials, due to the binge drinking they can encourage; and WHEREAS, the Iowa Alcoholic Beverage Division has proposed new rules relating to Sampling, Tasting, and Trade Spending, which both define and regulate tasting events; and WHEREAS, the City's drink special ordinance has not, in the past, been read to prohibit tasting events as part of community -wide attractions, but the City wishes to clarify the ordinance to make clear that tasting events, as defined and regulated by the Iowa Alcoholic Beverage Division, are not prohibited by the City's drink special ordinance when they are community -wide in nature. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 7 LIMITATIONS ON SALES, SUBSECTION B, is hereby amended by deleting subsection B in its entirety, and substituting the following language: B. Exceptions: Nothing in subsection A of this section shall be construed to prohibit any of the following: 1. The holder of a liquor control license, or wine, or beer permit, or its employees or agents, from including servings or drinks of alcoholic liquor, wine, or beer as part of a hotel or motel package which includes overnight accommodations. 2. An Authorized Entity, as defined in 4-5-3, from hosting a tasting event, as defined and regulated by the Iowa Alcoholic Beverage Division, as part of a community -wide attraction that supports the economic vitality of the downtown. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 effective upon publication. Passed and approved this day of 2015. MAYOR ATTEST: CITY CLERK Ap ed by City Attorney's Office 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 First Consideration 09/15/2015 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published