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HomeMy WebLinkAbout2008-08-11 Ordinance-#" ~a~ Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. AN ORDINANCE AMENDING THE CONDITIONAL ZONING AGREEMENT TO MODIFY THE CONCEPT SITE PLAN FOR APPROXIMATELY 25.16- ACRES OF PROPERTY IN THE COMMUNITY COMMERCIAL (CC-2) ZONE FOR WESTPORT PLAZA INCLUDING WAL-MART AT 855, 911 8< 1001 HIGHWAY 1 WEST. (REZ08-00006) WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I-1, to Commercial, CC-2, approximately 28.084 acres of land known as Westport Plaza located South of Highway 1 West; and WHEREAS, on June 13, 1989, the Joseph Company and the City entered into a Conditional Zoning Agreement which established certain conditions and restrictions on the said 28.084 acres and incorporated a Concept Site Plan to which the developer was to have substantially complied; and WHEREAS, said land is considered to be a major entranceway to the City; and WHEREAS, Wal-Mart owns or is under contract to purchase approximately 25.16 acres of the 28.084 acres and now desires to redevelop the 25.16 acres in a manner that is inconsistent with the 1989 Conditional Zoning Agreement and incorporated Concept Site Plan; and WHEREAS, Wal-Mart has requested the 1989 Conditional Zoning Agreement be amended to allow for greater flexibility in the redevelopment of this site, including the use of a new Concept Site Plan. Landscaping Plan and building design; and WHEREAS, the City has a policy of preserving and enhancing the entranceways to Iowa City; and WHEREAS, the Planning and Zoning Commission has recommended approval of rezoning this land to permit the parties to enter into the attached Conditional Zoning Agreement, which contains a new Concept Site Plan and Landscaping plan, as well as reasonable conditions to ensure that the property develops in a manner consistent with the Comprehensive Plan and satisfies public needs caused by the requested change; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owners of said 25.16 acres agree 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. WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The Conditional Zoning Agreement, attached and incorporated herein, is hereby approved for the property described below: Wal-Mart Parcel: Lot 1 Of Final Plat Westport Plaza, Iowa City, Iowa, In Section 16, Township 79 North, Range 6, West Of The Fifth Principal Meridian, In Johnson County, As Per Plat Of Subdivision Filed In Book 32, Page 289. Staples Parcel: Lot 2 Of a Resubdivision Of Lot 2, Westport Plaza, Iowa City, Iowa, In Johnson County, Iowa, According To The Plat Of The Resubdivision Recorded In Book 37, Page 264, Plat Records Of Johnson County, Iowa. SugerValu Parcel: Lot 1 Of A Resubdivision Of Lot 2, Westport Plaza, Iowa City, Iowa, According To The Plat Of The Resubdivision Recorded In Book 37, Page 264, Plat Records Of Johnson County, Iowa; Excepting Therefrom; Commencing At The Southeast Corner Of The Westport Plaza, Iowa City, Johnson County, Iowa, In Accordance With The Plat Recorded In Plat Book 32 At Page 289, Of Ordinance No. Page 2 The Records Of The Johnson County Recorder's Office; Thence North 00 Degrees, 51 Minutes 23 Seconds East, Along The East Line Of Said Westport Plaza, 854.05 Feet To The Point Of Beginning; Thence North 38 Degrees 29 Minutes 03 Seconds West, 94.65 Feet, To A Point On The North Line Of Said Westport Plaza; Thence South 89 Degrees 08 Minutes 37 Seconds East, Along Said North Line, 60.00 Feet; Thence South 00 Degrees 51 Minutes 23 Seconds West, Along The West Line Of Said Westport Plaza, 73.20 Feet, To Said Point Of Beginning. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Amendment to Conditional Zoning Agreement and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK App ed by City Attorney's Office ~/~~ o~ Pcc/data/staffreports/rez0&0006-ord Prepazed by and Return to~ Sara F Greenwood Hektoen Asst City Attorney 410E Washington St Iowa City IA 52240 (319)331-5030 CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT (this "Agreement") is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Wal-Mart Realty Company, an Arkansas corporation, Wal-Mart Real Estate Business Trust, a Delaware business trust and Wal- Mart Stores, Inc., a Delaware corporation (collectively, "Wal-Mart"), SUPERVALU INC., a Delaware corporation, successor to RSI-Supervalu Inc., a Delaware corporation ("Supervalu"), and Staples, Inc., a Delaware corporation, formerly known as Staples The Office Superstore, East Inc., a Delaware corporation ("Staples") (hereinafter, collectively, Wal-Mart, Supervalu and Staples, "Owners"). WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I-1, to Commercial, CC-2, approximately 28.084 acres of land located South of Highway 1 West; and WHEREAS, on June 13, 1989, the Joseph Company and the City entered into a Conditional Zoning Agreement (the "1989 CZA") which established certain conditions and restrictions on the owner of said 28.084 acres; and WHEREAS, the 1989 CZA was amended on September 24, 1996 (as so amended, the "1989 CZA, as amended"); and WHEREAS, the 1989 CZA, as amended, is a covenant running with the land and inures to the benefit of all successors and assigns of the property burdened thereby; and WHEREAS, Wal-Mart owns approximately 13.75 acres and has the right to purchase approximately 11.41 acres of the original 28.084 acres of the property burdened by the 1989 CZA, as amended, and now desires to redevelop said 25.16 acres (the "Property"), which is considered to be major entrance to Iowa City; and WHEREAS, the City has a policy to preserve and enhance the entranceways to Iowa City; and WHEREAS, Wal-Mart has submitted a Concept Site Plan to the City that materially varies from the terms set forth in the 1989 CZA, as amended, and has thus requested the 1989 CZA, as amended, be modified by replacing it with this Agreement with respect to the Property; and WHEREAS, the Planning and Zoning Commission has recommended approval of such modification subject to conditions related to ensuring that the Property is developed in a manner consistent with the City's Comprehensive Plan as it exists as of the date of this Agreement and compatible with the adjacent neighborhood, paying particular attention to the aesthetics and landscaping of this site which serves as a major entranceway to the City; WHEREAS, Iowa Code Section 414.5 (2007) provides that the City may impose reasonable conditions when land is rezoned over and above existing regulations in order to satisfy the public needs directly caused by the requested change; and 4823-4435-9938.5 WHEREAS, Owners acknowledge that certain conditions and restrictions are reasonable to ensure that the Property is developed in a manner consistent with the Comprehensive Plan and is compatible with the adjacent neighborhood; WHEREAS, Owners agree to use the Property in accordance with the terms and conditions of this Agreement; THEREFORE, it is agreed as follows: 1. This Agreement hereby replaces and supersedes the 1989 CZA, as amended, with respect to the land legally described in Paragraph 2 herein. 2. Owners are the title holder of the land legally described as follows: Wal-Mart Parcel: Lot 1 Of Final Plat Westport Plaza, Iowa City, Iowa, In Section 16, Township 79 North, Range 6, West Of The Fifth Principal Meridian, In Johnson County, As Per Plat Of Subdivision Filed In Book 32, Page 289. Staples Parcel: Lot 2 Of a Resubdivision Of Lot 2, Westport Plaza, Iowa City, Iowa, In Johnson County, Iowa, According To The Plat Of The Resubdivision Recorded In Book 37, Page 264, Plat Records Of Johnson County, Iowa. SuperValu Parcel: Lot 1 Of A Resubdivision Of Lot 2, Westport Plaza, Iowa City, Iowa, According To The Plat Of The Resubdivision Recorded In Book 37, Page 264, Plat Records Of Johnson County, Iowa; Excepting Therefrom; Commencing At The Southeast Corner Of The Westport Plaza, Iowa City, Johnson County, Iowa, In Accordance With The Plat Recorded In Plat Book 32 At Page 289, Of The Records Of The Johnson County Recorder's Office; Therice North 00 Degrees, 51 Minutes 23 Seconds East, Along The East Line Of Said Westport Plaza, 854.05 Feet To The Point Of Beginning; Thence North 38 Degrees 29 Minutes 03 Seconds West, 94.65 Feet, To A Point On The North Line Of Said Westport Plaza; Thence South 89 Degrees 08 Minutes 37 Seconds East, Along Said North Line, 60.00 Feet; Thence South 00 Degrees 51 Minutes 23 Seconds West, Along The West Line Of Said Westport Plaza, 73.20 Feet, To Said Point Of Beginning. 3. The parties acknowledge that the City has a policy, as stated in the Comprehensive Plan, to preserve and enhance the entranceways to Iowa City and to take special care with regard to the site design of commercial establishments, including landscaping to soften 4823-4435-9938.5 the impact of the structures and lessen the effect of large parking lots. Owners agree and acknowledge this policy is reasonable, proper and appropriate under the circumstances; 4. The parties agree that Highway 1 West is a major entranceway to Iowa City from the southwest. Wal-Mart acknowledges the City's policy concerning entranceways governs this rezoning request, therefore Wal-Mart agrees to provide certain amenities over and above City regulations in order to lessen the impact on the surrounding area and enhance the development of the entranceway to the City, said amenities are more particularly described below; 5. The development will substantially conform to the Concept Site Plan (including the building elevations) and Landscaping Plan dated July 3, 2008, attached and by this reference incorporated herein (the "Plans"), particularly with regard to the building location and orientation, the square footage of greenspace, the storefront landscaping, facade design, and the configuration of parking spaces. In addition to the site development standards set forth in the Iowa City Code of Ordinances, Wal-Mart agrees and acknowledges that: a. The three internal landscaped median aisles running the length of the parking lot, but not containing a sidewalk, shall have a minimum width of nine (9) feet; b. Wal-Mart shall allow the City to place a public bus stop and/or shelter on the site, to be provided by and at the City's expense; c. Three free-standing signs shall be permitted to be located as shown on the Concept Site Plan; d. The Property may be re-developed in two phases. Phase I shall include the demolition of the existing Cub Foods and Staples buildings, construction of the new Wal-Mart store, and installation of all improvements on land not currently occupied by the existing Wal-Mart Store. Phase II shall consist of demolition of the existing Wal-Mart and installation of the final site improvements; e. Upon completion of Phase I in conformance with all applicable City requirements, the City shall issue a temporary certificate of occupancy valid for 120 days. If Phase II has not been completed upon the expiration of the temporary certificate of occupancy, said certificate may be extended if the Applicant has shown good faith efforts to begin Phase II; f. Upon completion of Phase II in conformance with all applicable City requirements, the City shall issue a certificate of occupancy; g. Delivery traffic shall be routed to enter and exit the site from Ruppert Road. 6. The Plans attached may be modified within the general parameters of the Plans, such as structural dimensions and tree species. Any modifications departing from the Plans must and shall be subject to staff review and approval. Nothing in this Agreement shall be construed to require Owners to conform to the Plans in every detail, as the Plans are intended as conceptual in nature. Neither party may intentionally digress from the Plans for any arbitrary reason. 7. Owners and the City acknowledge that the conditions contained herein are reasonable 4823-4435-9938.5 conditions to impose on the land under Iowa Code §414.5 (2007), and that said conditions satisfy public needs that are directly caused by the requested rezoning. 8. Owners and the City acknowledge that in the event the Property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 9. The parties acknowledge that this Agreement shall be deemed effective upon recording, which shall occur upon adoption and publication of the Ordinance and the parties further acknowledge that this Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City. In the event Wal-Mart does not pick up and pay for the building permit for the construction of the Wal-Mart supercenter structure contemplated on the Concept Site Plan within two (2) years from the date of Council approval of the Ordinance, this Agreement and corresponding Ordinance shall automatically be released and repealed two years from the date of Council approval of the Ordinance. In the event of such release and repeal, the Property shall continue to be subject to and burdened by the 1989 CZA, as amended. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 10. Owners acknowledge that nothing in this Agreement shall be construed to relieve them from complying with all other applicable local, state, and federal regulations. 11. The parties agree that this Agreement shall be incorporated by reference into the ordinance approving this Agreement and rezoning the Property (the "Ordinance"), and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office at Wal-Mart's expense. 12. The City acknowledges this Agreement is being entered into prior to Wal-Mart acquiring fee title to that portion of the Property currently owned by Supervalu and Staples. The City acknowledges and agrees that until such time as Wal-Mart picks up and pays for the building permit for the construction of the Wal-Mart supercenter structure contemplated on the Concept Site Plan, the Property and the buildings presently existing thereon shall be required to comply with the 1989 CZA, as amended, and not this Agreement. Dated this day of , 2008. WAL-MART REALTY COMPANY, an Arkansas corporation By CITY OF IOWA CITY, IOWA By Name Regenia D. Bailey, Mayor By 4823-4435-9938.5 Title WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust By Name Title WAL-MART STORES, INC., a Delaware corporation By Name Title SUPERVALU INC., a Delaware corporation, successor to RSI-Supervalu Inc., a Delaware corporation By Name Title STAPLES, INC., a Delaware corporation, formerly known as Staples The Office Superstore, East Inc., a Delaware corporation corporation By Name Title Marian K. Karr, City Cleirk Approved by: ~~ ~ c,~C~'I ur~~~~l~'~-' City Attorney's Office ~~~~~~~ 4823-4435-9938.5 WAL-MART ACKNOWLEDGEMENTS State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the 2008 by , as an Arkansas corporation, on behalf of the corporation. day of , of Wal-Mart Realty Company, Notary Public in and for the State of Arkansas My commission expires: State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the day of 2008 by , as of Wal-Mart Real Estate Business Trust, a Delaware statutory trust, on behalf of the trust. Notary Public in and for the State of Arkansas My commission expires: State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the 2008 by , as Delaware corporation, on behalf of the corporation. _ day of of Wal-Mart Stores, Inc., a Notary Public in and for the State of Arkansas My commission expires: 4823-4435-9938.5 OTHER OWNERS' ACKNOWLEDGEMENT State of County of ss: This instrument was acknowledged before me on the 2008 by as corporation, on behalf of the corporation. day of , of Staples, Inc., a Delaware Notary Public in and for the State of My commission expires: State of County of ss: This instrument was acknowledged before me on the day of , 2008 by , as of Supervalu Inc., a Delaware corporation, successor to RSI-Supervalu Inc., a Delaware corporation, on behalf of the corporation. Notary Public in and for the State of My commission expires: CITY OF IOWA CITY ACKNOWLEDGEMENT: State of Iowa, County of Johnson, ss: On this day of 2008, before me, the undersigned, a notary public for the state of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: 4823-4435-9938.5 _~ ~_ "£ ~~€n~~ns >~gg~FN goo o=mPm~m~. 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(319)331-5030 ITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONINC'~,AGREEMENT (this "Agreement") is made a~iong the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Wal-Mart Re ty Company, an Arkansas corporation, Wal-Mart Reel Estate Business Trust, a Delaware busi ess trust and Wal- Mart Stores, Inc., a Delaware corporation (collectively, "Wal-Mart"), R I-Supervalu Inc., a Delaware corporation ("Supervalu"), acid Staples, Inc., a Delaware corpor ion, formerly known as Staples The Office Superstore, East` Inc., a Delaware corporation `Staples") (hereinafter, collectively, Wal-Mart, Supervalu and Staples, "Owners"). WHEREAS, on June 13, 1989, the City adopted an ordinance rezo ing from Industrial, I-1, to Commercial, CC-2, approximately 28.084 acres of land located S uth of Highway 1 West and legally described in Exhibit A attached hereto; and ,~' WHEREAS, on June 13, 1989, the Joseph C©mpany and tl~ Zoning Agreement (the "1989 CZA") which established cert~fil owner of said 28.084 acres; and r' WHEREAS, the 1989 CZA was amended on September 24, CZA, as amended"); and City entered into a Conditional conditions and restrictions on the 1996 (as so amended, the "1989 WHEREAS, the 1989 CZA, as amended, is a covei"lant running with the land and inures to the benefit of all successors and assigns of the property burdened thereby; and WHEREAS, Wal-Mart owns approximately 13.75 ;acres and has the right to purchase approximately 11.41 acres of the original' 28.084 acres of the property burdened by the 1989 CZA, as amended, and now desires to redevelop said 5.16 acres (the "Property"), which is considered to be major entrance to Iowa City; and ~ WHEREAS, the City has a policy to preserve and enhance th~entranceways to Iowa City; and WHEREAS, Wal-Mart has sublxitted a Concept Site Plan to th City that materially varies from the terms set forth in the 1989 CZA, as amended, and has th requested the 1989 CZA, as amended, be modified by replacing it with this Agreement with res ect to the Property; and WHEREAS, the Planning and Zoning Commission has recom ended approval of such modification subject to conditions related to ensuring that the Property 's developed in a manner consistent with the City's Comprehensive Plan as it exists as of the dat of this Agreement and compatible with the, adjacent neighborhood, paying particular attention to the aesthetics and landscaping of this site which serves as a major entranceway to the City; WHEREAS, Iowa Code Section 414.5 (2007) provides that the City may impose reasonable conditions whet land is rezoned over and above existing regulations in order to satisfy the public needs directly caused by the requested change; and 4823-4435-9938.3 WHEREAS, Owners acknowledge t certain conditions and restrictions are reasonable to ensure that the Property is develope in a manner consistent with the Comprehensive Plan and is compatible with the adjacent neighb rhood; WHEREAS, Owners agree to use th Property in accordance with the terms and conditions of this Agreement; THEREFORE, it is agreed as follows: 1. This Agreement hereby replaces anc~supersedes the 1989 CZA, as ame ed, with respect to the land legally described in Parag~ph 2 herein. 2. Owners are the title holder of the land llzgally described as follows: Wal-Mart Parcel: Lot 1 Of Final Plat Westport Plaza, Iowa Range 6, West Of The Fifth Principal l Subdivision Filed In Book 32, Page 289. Iowa, Intion 16, Township 79 North, Tian, In J son County, As Per Plat Of Staples Parcel: Lot 2 Of a Resubdivision Of Lot 2, Westport Iowa, According To The Plat Of The Resube~ Records Of Johnson County, Iowa. Iowa City, Iowa, In Johnson County, Recorded In Book 37, Page 264, Plat SuperValu Parcel: Lot 1 Of A Resubdivision Of Lot°`Z, Westport Plaza, o Plat Of The Resubdivision Recorded In Book 37, P County, Iowa; Excepting Therefrom; Commencing A Westport Plaza, Iowa City, Johnson County, Iowa, Recorded In Plat Book: ~2 At Page 289, Of The R ~ City, Iowa, According To The 264, Plat Records Of Johnson The Southeast Corner Of The n Accordance With The Plat 3s Of The Johnson County Z3 Seconds East, Along The oint Of Beginning; Thence Recorder's Office; Thence North 00 Degrees, 51 Minute: East Line Of Said Westport Plaza, 854.05 Feet To The North 38 Degrees 29 Minutes 03 Seconds West, 94.65 Feet, To A Point On The North Line Of Said Westport Plaza; Thence South 89 Degrees 08 inutes 37 Seconds East, Along Said North Line, 60.00 Feet; Thence South 00 Degree 51 Minutes 23 Seconds West, Along ;The West Line Of Said Westport Plaza, 73.20 ,eet, To Said Point Of Beginning. 3. The parti s acknowledge that the City has a policy, as stated in the Comprehensive Plan, to presve and enhance the entranceways to Iowa City and to take special care with regar~~ to the site design of commercial establishments, including landscaping to soften the~hpact of the structures and lessen the effect of large parking lots. Owners agree and acknowledge this policy is reasonable, proper and appropriate under the circumstances; 4823-4435-9938.3 4. The parties agree that Highway 1 West is a major entranceway to Iowa City from the southwest. Wal-Mart acknowledges the City's policy concerning entranceways governs this rezoning request, therefore Wal-Mart agrees to provide certain amenities over and above City regulations in order to lessen the impact on the surrounding area and enhance the development of the entranceway to the City, said amenities are more particularly described below; 5. The development will subst tially conform to the Concept Site Plan and Landscaping Plan dated July 3, 2008, a ached and by this reference made a part hereto, particularly with regard to the building 1 cation and orientation, the square footage of greenspace, the storefront landscaping, fad de design, and the configuration of parking paces. In addition to the site developm t standards set forth in the Iowa City Code of Ordinances, Wal-Mart agrees and acknowl ges that: a. The three internal landsca ed median aisles running the length of the parking lot, but not containing a sidewa ,shall have a minimum width, of nine (9) feet; b. Wal-Mart shall cooperate 'th the City to design a pub3ic bus stop on the site, which shall include appropria shelter for bus riders, ;Yo be constructed by and at the City's expense; c. Three free-standing signs shall be permitted to be located as shown on the Concept Site Plan; d. The Property may be re-develope in two phases. Phase I shall include the demolition of the existing Cub Foo and'Staples buildings, construction of the new Wal-Mart store, and installation fall improvements on land not currently occupied by the existing Wal-Mart Sto e. Phase II shall consist of demolition of the existing Wal-Mart and installation of e final site improvements; e. Wal-Mart shall take reasonable steps t ward establishing the redevelopment within one (1) year after Council approval this Agreement. £ Upon completion of Phase I in conf ante with all applicable City requirements, the City shall issue a tempor certificate of occupancy valid for 90 days. If Phase II has not been completed u n the expiration of the temporary certificate of occupancy, said certificate may e extended if the Applicant has shown good faith efforts to begin Phase II; g. Upon completion of Phase II in conforman e with all applicable City requirements, the City shall issue a certificate of oc upancy; h. Delivery traffic shall be routed to enter and exit the s'te from Ruppert Road. 6. The Concept Site Plan and Landscaping Plan attached m be modified within the general parameters of the Concept Site Plan, such as strut ral dimensions and tree species. Any modifications departing from this Concept Site lan must and shall be subject to taff review and approval. Nothing in this Agreement shall be construed to require ers to conform to the Concept Site Plan in every',,detail, as the plan is intended conceptual in nature. Neither party may intentionally digress from this Concept Site Plan for any arbitrary reason. 4823-4435-9938.3 7. Owners and the City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2007), and that said conditions satisfy public needs that are directly caused by the requested rezoning. 8. Owners and the City acknowledge that in the event the Property is transfe ed, sold, redeveloped, or subdivided, all redevelopment will conform with the to s of this Agreement. 9. The parties acknowledge th~t'this Agreement shall be deemed effectiv upon recording, which shall occur upon a option and publication of the Ordinance the parties further acknowledge that this A Bement shall be deemed to be a coven running with the land and with title to the land, nd shall remain in full force and effe as a covenant with title to the land, unless or until leased of record by the City. In t event that Wal-Mart does not take reasonable steps to d redevelopment, as Conte lated herein and as set forth in Paragraph 5(d) above, his Agreement and corresponding Ordinance shall automatically be repealed one y ar from the date of uncil approval of the Ordinance. In the event of such repeal and r ease, the Propert~shall continue to be subject to and burdened by the 1989 Conditionaloning Agreerr~nt, as amended. The parties further acknowledge that~iis agre,~ment shall inure to the benefit of and bind all successors, representatives, and assi~ns of the parties. 10. Owners acknowledge that nothing in t , ' Agreement shall be construed to relieve them from complying with all other applicak~le 1 cal, state, and federal regulations. 11. The parties agree that this Agreement s 11 be incorporated by reference into the ordinance approving this Agreement and re ning the Property (the "Ordinance"), and that upon adoption and publication of the Ordi ance, this Agreement shall be recorded in the Johnson County Recordefi's Office at Wal- art's expense. 12. The City acknowledges this Agreement is being tered into prior to Wal-Mart acquiring fee title to that portion` of the Property currently caned by Supervalu and Staples. The City acknowledges ,and agrees that until such time as Wal-Mart commences the redevelopment construction activities on the Prop yin accordance with the Concept Site Plan and Landscaping Plan dated July 3, 2008 a ached hereto, the Property, and the buildings presently existing thereon shall be req fired to comply with the 1989 Conditional Zoning Agreement, as amended, and not t 's Agreement. Dated this day of , 2008. WAL-MART REALTY COMPANY, an Arkansascorporation By Name ~_ CITY OF IOWA\CITY, IOWA By Regenia D. Bailey, Mayor By 4823-4435-9938.3 Title WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust By Name Title Marian K. Karr, City Clerk Approved by: City Attorney's Office WAL-MART STORES, INC., a `~~Delaware corporation ., By Name `` Title ., `~ ~ ; ~ 1 RSI-SUPERVALU INC., a Delaware corporation By Name Title STAPLES, INC., a Delaware corporation, formerly known as Staples The Office Superstore, East Inc., a Delaware corporation corporation By Name Title (, ~. 4823-4435-9938.3 WAL-MART ACKNOWLEDGEMENTS State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the 2008 by , as an Arkansas corporation, on behalf of the corporation. Notary Public in and for the Sfate of Arkansas My commission expires: State of Arkansas, County of Benton This instrument was acknowledge before me on the day of 2008 by , as of Wal-Mart Real Estate Business Trust, a Delaware statutory trust, on ehalf off` the trust. Nafar~Public in and for the State of Arkansas %' ~ My commi ion State of Arkansas, County of Benton ~s: This instrument was acknowledged before me on the 2008 by , as Delaware corporation, on behalf of the corporation. Notary Public in and for tlLe State of Arkansas My commission expires: _ day of ~ , of Wal-Mart Realty~Company, expires: day of Wal-Mart Stores, Inc., a 4823-4435-9938.3 OTHER OWNERS' ACKNOWLEDGEMENT State of County of ss: This instrument was acknowledged before me on the 2008 by as corporation, on behalf of the corporation. day of of Staple: ,` i~ a Delaware Notary Public in and for,~~e State of State of This instrument was acknowle 2008 by as _ Delaware corporation, on behalf of the My commission expires: ss: before.-me on the day of , of RSI-SuperValu, Inc., a Nary Public in and for the State of My corllmission expires: CITY OF IOWA CITY ACKNOWLEDGEMENT: State of Iowa, County of J.dhnson, ss: On this day mf 2008, before ,the undersigned, a notary public for the state of Iowa, personally appeared Regenia D. Ba ey and Marian K. Karr, to me personally known, rho, being by me duly sworn, did say that t y are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the withi and foregoing instrument; that the seal attached-thereto is the seal of said corporation by authors of its City Council; and that the said Mayor and City Clerk acknowledged the execution said instrument to be the voluntary act and deed of said corporation, by it and by them volunt sly executed. Notary Public in and for th State of Iowa ~~, My commission expires: \ 4823-4435-9938.3 4a Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. AN ORDINANCE AMENDING THE CONDITIONAL ZONING AGREEMENT TO MODIFY THE CONCEPT SITE PLAN FOR APPROXIMATELY 25.16- ACRES OF PROPERTY IN THE COMMUNITY COMMERCIAL (CC-2) ZONE FOR WESTPORT PLAZA INCLUDING WAL-MART AT 855, 911 8< 1001 HIGHWAY 1 WEST. (REZ08-00006) WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I-1, to Commercial, CC-2, approximately 28.084 acres of land known as Westport Plaza located South of ,%" Highway 1 West; and ` WHEREAS, on June 13, 1989, the Joseph Company and the City entered into a Co itional Zoning Agreement which established certain conditions and restrictions on the said 28.08 acres and incorporated a Concept Site Plan to which the developer was to have substantially co ied; and WHEREAS, said land is considered to be a major entranceway to the City; d WHEREAS, Wal-Mart owns or is under contract to purchase approximate 25.16 acres of the 28.084 acres and now desires to redevelop the 25.16 acres in a manner that is ~ consistent with the 1989 Conditional Zoning Agreement and incorporated Concept Site Plan; and ,/~ WHEREAS, Wal-Mart has requested the 1989 Conditional Zoning~greement be amended to allow for greater flexibility in the redeveloprAient of this site, including the ,d'se of a new Concept Site Plan. Landscaping Plan and building design; and'' , WHEREAS, the City has a policy of preserving and enhanc~rg the entranceways to Iowa City; and WHEREAS, the Planning and Zoning.. Commission has recommended approval of rezoning this land to permit the parties to enter into the attached Conditional Zoning Agreement, which contains a new Concept Site Plan and Landscaping plan, as Wtell as reasonable conditions to ensure that the property develops in a manner consistent with the Comprehensive PYan and satisfies public needs caused by the requested change; and WHEREAS, Iowa Code §414.5 (2007) pti~ovides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning r quest, over and above existing regulations, in order to satisfy public needs caused by the requested char~r`e; and WHEREAS, the owners of said 25.16 acres.a ree that the property shall be developed in accordance with the terms and conditions of the Conditional Zo ing Agreement attached hereto to ensure appropriate development in this area of the city. WHEREAS, the Iowa City City Council concurs vJreth the recommendations of the Planning and Zoning Commission. ~`` NOW, THEREFORE, BE IT ORD6~INED BY THE\,CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: e SECTION I APPROVAL. The Conditional Zoning Agreement, attached and incorporated herein, is hereby approved for the property described below: ~ LEGAL DESCRIPTION: CUB FOODS (RSI SUPERVALU, PARCEL ONE LOT 1 OF A RESUBDIVISION OF LOT 2, WESTPORT PLAZ~, IOWA CITY, IOWA, ACCORDING TO THE PLAT OF THE RESUBDIVISION RECORDED IN BOOK':;37, PAGE 264, PLAT RECORDS OF JOHNSON COUNTY, IOWA; EXCEPTING THEREFROM; CMENCING AT THE SOUTHEAST CORNER OF THE WESTPORT PLAZA, IOWA CITY, JOHNSON OUNTY, IOWA, IN ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 32 AT PAGE X89, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE NORTH 00 DEGREES, 51 MINUTES 23 SECONDS EAST, ALONG THE EAST LINE OF SAID WESTPORT PLAZA, 854.05 FEET TO THE POINT OF BEGINNING; THENCE NORTH 38 DEGREES 29 MINUTES 03 SECONDS WEST, 94.65 FEET, TO A POINT ON THE NORTH LINE OF SAID WESTPORT PLAZA; THENCE SOUTH 89 DEGREES 08 MINUTES 37 SECONDS EAST, ALONG SAID NORTH LINE, 60,00 FEET; THENCE SOUTH 00 DEGREES 51 MINUTES 23 SECONDS WEST, ALONG THE WEST LINE OF SAID WESTPORT PLAZA, 73.20 FEET, TO SAID POINT OF BEGINNING. PARCEL TWO Ordinance No. Page 2 COMMENCING AT THE SOUTHEAST CORNER OF WESTPORT PLAZA, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLA RECORDED IN PLAT BOOK 32, AT PAGE 289, OF THE RECORDS OF THE JOHNSON COUNTY ECORDER'S OFFICE; THENCE NORTH 00 DEGREES 51 MINUTES 23 SECONDS EAST, ALONG T EAST LINE OF SAID WESTPORT PLAZA, 754.71 FEET, TO THE POINT OF BEGINNING, THENC CONTINUING NORTH 00 DEGREES 5~ MINUTES 23 SECONDS EAST, ALON °SAID WEST LINE .34 FEET; THENCE SOUTHEAS ~LY 77.16 FEET. ALONG A 409.92 FOOT ADIUS CURVE CONC VE NORTHEASTERLY, WH E 77.05 FOOT CHORD BEARS, SOUTH 35 DE REES 55 MINUTES 38 ECONDS EAST; THEN SOUTH 51 DEGREES 39 MINUTES 35 SECOND WEST, 59.53 FEET, Td`SAID POINT OF INNING. SAID PROPERTY IS ALSO DESCRIBED AS UDITOR'S PARCEL 2000 035, PURSUA TO THE PLAT OF SURVEY RECORDED IN BOOK 42, PA 287, PLAT RECORDS O~ JOHNSO OUNTY, IOWA. WALMART LEGAL DESCRIPTION: LOT 1 IN FINAL PLAT WESTPORT PL ,IOWA CITY, IOWA, SECTION 16, TOW 79 NORTH, RANGE 6, WEST OF THE FIFTH INCIPAL MERIDI IN OHNSON COUN S PER PLAT OF SUBDIVISION FILED IN BOOK 32;.,PAGE 289, M E PAR ICULARLY D C BED AS FOLLOWS: \, i" COMMENCING AT THE SOUTHEAST CORNER O T SOUTHWEST Q RT O SECTION 16, TOWNSHIP 79 NORTH, RANGE 6, WEST OF THE FI H PRINCIPAL MERID ; TH NCE NORTH 00 DEGREES 51 MINUTES 23 SECONDS EAST (A R O DED BEARING), AL G T~iE EAST LINE OF SAID SOUTHWEST QUARTER, 230.00 FEET, O TH SOUTHEAST .~R OF WESTPORT PLAZA, IOWA CITY, JOHNSON COUNTY, 10 A, IN AC ORDANCE ITH; ~ E PLAT THEREOF RECORDED IN PLAT BOOK 32, AT PAGE 289 ECORDS OF HE JOH ON CO NTY RECORDER'S OFFICE; THENCE SOUTH 89 DEGREES MINUTES 40 S OND WEST, AL NG THE SOUTH LINE OF SAID WESTPORT PLAZA, 811. 4 FEET; THENCE NOT 49 DEGREE 57 MINUTES 39 SECONDS WEST, ALONG THE WESTE LY LINE OF SAID WES , ORT PLAZA, 3.4 FEET, TO THE SOUTHERNMOST CORNER OF LO 1 OF SAID WESTPORT LAZA, AND T E POINT OF BEGINNING; THENCE CONTINUIN NORTH 49 DEGREES,.57 M UTES 39 SEC NDS WEST, ALONG THE SOUTHWESTERLY L E OF SAID LOT 1, 714.00 FEE TO THE WE TERNMOST CORNER THEREOF; THENCE NO TH 40 DEGREES 02 MINUTES 21 S ONDS EAST, ONG THE NORTHWESTERLY LINE OF SA LOT 1, 367.11 FEET; THENCE NOR WESTERLY 3 .14 FEET ALONG SAID NORTHWEST LY LINE, ONE 15.00 FOOT RADI CURVE. NCAVE SOUTHWESTERLY, WHOSE .80 FOOT CHORD BEARS NORTH 23 DE EES 15 MIN TES 44 SECONDS WEST; THENCE N RTHWESTERLY 12.30 FEET, ALONG SAID NO THWESTER Y LINE, ON 112.50 FOOT RADIUS RVE. CONCAVE SOUTHWESTERLY, WHOSE .29 FOOT CHORD BEARS NORTH 89 DEGRE 41 MINUTES 45 SECONDS WEST; THENCE SOU 87 DEGREES 10 MINUTES 19 SECONDS EST, ALONG SAID NORTHWESTERLY LINE, 66.2 FEET; THENCE NORTHWESTERLY 116.4 FEET ALONG SAID NORTHWESTERLY LINE ON A 187. FOOT RADIUS CURVE, CONCAVE NOR HASTERLY, WHOSE 114.59 FOOT CHORD BEARS NORT 75 DEGREES 02 MINUTES 10 SECON S WEST TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF IOWA PRIMA Y ROAD N0. 1; THENCE NORTH 48 DEGREES 18 MINUTES 47`~ SECONDS EAST, ALONG SAID N RTHWESTERLY LINE AND SOUTHERLY RIGHT-OF-WAY LINE 80. FEET; THENCE SOUTHEAS ERLY 48.28:'~EET ALONG SAID NORTHWESTERLY LINE ON A 112. 0 FOOT RADIUS CURVE, C _CAVE Nq#ZTHEASTERLY WHOSE 47.91 FOOT CHORD BEARS SOUTH 80 DEGREES 31 MINUTES 59 CONDS EAST; THENCE NORTH 87 DEGREES 10 MINUTES 19 SECONDS EAST, ALONG S D NORTHWESTERLY LINE, 66.28 FEET; THENCE SOUTHEASTERLY 107.37 FEET, ALONG SAID ORTHWESTERLY LINE ON A 187.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY WHOSE 105.91 FOOT CHORD BEARS SOUTH 76 DEGREES 25 MINUTES 22 SECONDS EAST; THENCE NORTH 40 DEGREES 02 MINUTES 21 SECONDS EAST ALONG SAID NORTHWESTERLY LINE 486.55 FEET. TO THE NORTHERNMOST CORNER THEREOF; THENCE SOUTH 49 DEGREES 57 MINUTES 39 SECONDS EAST ALONG THE NORTHEASTERLY LINE OF SAID LOT, 1497.34 FEET TO THE EASTERNMOST CORNER THEREOF; THENCE SOUTH 40 DEGREES 02 MINUTES 21 SECONDS WEST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1,474.00 FEET; THENCE SOUTH 49 DEGREES 57 MINUTES 39 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE, 206.27 FEET; THENCE SOUTH 40 DEGREES 02 MINUTES 21 SECONDS WEST, ALONG SAID SOUTHEASTERLY LINE, 486.00 FEET TO THE POINT OF BEGINNING. Ordinance No. Page 3 LEGAL DESCRIPTION: STAPLES (STAPLES THE OFFICE SUPERSTORE EAST, INC.) LOT 2 OF RESUBDIVISION OF LOT 2, WESTPORT PLAZA, IOWA CITY, IOWA, IN JOHNSON COUNTY, IOWA. _ i~ SECTION IV. CERTIFICATION AND RECORDI G. The City Clerk is hereby au~iorized and directed to certify a copy of this ordinance and the Amendment Conditional Zoning Agreer~nt and record the same in the Office of the County Recorder, Johnson County;, Iowa, at the Owner's exper,~e, upon the final passage, approval and publication of this ordinance, as provided`, by law. ,~` SECTION V. REPEALER. All ordinances and parts of ordinances in co~fflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the,brdinance 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 ir~ effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20 MAYOR ~'fi` ATTEST: CITY CLERK Approv d by G ~~~~f City Attorney's Office /y ~~~ ~ PccJdata/staffreports/rez08-0006-ord 'i '`, r /~. ice-:;; Prepared band Return to Sara F Greenwood Hektoen Asst Citv Attorney 410E Washineton St Iowa City IA 52240 (3191331-5030 CONDITIONAL ZONING AGREEMENT THIS AGREEME T is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), d Wal-Mart Realty Company (hereinafter "Wal-Mart"), RSI-Supervalu Inc., and Staples The face Superstore, East Inc. (hereinafter "Owners"). ~ WHEREAS, on June 13, 89, the city adopted an ordinance rezoning fr Industrial, I-1, to Commercial, CC-2, approxi ately 28.084 acres of land located South of ighway 1 West and legally described in Exhibit A ached hereto; and WHEREAS, on June 13, 1989, Joseph Company and the City a ered into a Conditional Zoning Agreement which establishe certain conditions and restrictions on the owner of said 28.084 acres; and WHEREAS, the June 13, 1989 Condition 1 Zoning Agreement ' a covenant running with the land and inures to the benefit of all successo and assigns of the roperty; and WHEREAS, Wal-Mart owns or is under contra t to pug original 28.084 acres and now desires to redeye pits entrance to the City; and approximately 25.16 acres of the which is considered to be major WHEREAS, the City has a policy to preserve and WHEREAS, Wal-Mart has submitted a Concept Site terms set forth in the 1989 Conditional Zoning Agree to said zoning agreement; and the entranceways to Iowa City; and the City that is inconsistent with the ~d has thus requested an amendment WHEREAS, the Planning and Zoning Commis' n has recomm ded approval of said rezoning subject to conditions related to ensuring that t e property develop in a manner consistent with the Comprehensive Plan and compatible ~ h the adjacent neig borhood, paying particular attention to the aesthetics and landscaping o his site which serves as major entranceway to the City; WHEREAS, Iowa Code Section 414.5 (2007) provides that the City y impose? reasorZable conditions when land is rezoned over d above existing regulations in orde to satis'~~e plic needs directly caused by the requeste change; and - ; ~-; ,~, 1:-w~ r.3 _. ~..,_ WHEREAS, Owners acknowled that certain conditions and restrictions ~ e reasp~nab~ to ensure that the property develo in a manner consistent with the Comprehen'vec~~n ai~ is `- ,. .. compatible with the adjacent ne' hborhood; cr WHEREAS, Owners agree t use this property in accordance with the terms and conditions of the Conditional Zoning Agr ement. ~~ ~i`~ THEREFORE, it is agreed as follows: .~~_. 1. Owners are the title holder of the land legally described as follows: ~ U,, -;, INSERT LEGAL _ '~ r-~ ~-- i 2. The Parties acknowledge that Iowa City has a policy, as stated in t e Cd~nprehe~ive plan, to preserve and ' ance the entranceways to Iowa City and tot e speci~~-care with ~~,~~ regard to the site desi of commercial establishments, including 1 dscapix~"~o s~ten ,,,a the impact of the struct es and lessen the effect of large parking ots. Wal-'t agues and acknowledges this olicy is reasonable, proper and ppropriateyunder she circumstances; 3. The Parties agree that Highw 1 West is a major entran way to Iowa City from the southwest. Owners acknowledg the City's policy conce ng entranceways governs this rezoning request, therefore Owne s agree to provide c rtain amenities over and above City regulations in order to lessen a impact on the urrounding area and enhance the development of the entranceway to Iowa City, s d amenities are more particularly described below; 4. 'The development will substantially conf the Concept Site Plan and Landscaping Plan dated July 3, 2008, attached and by t ~ reference made a part hereto, particularly with regard to the building location and o ' ation, the square footage of greenspace, the storefront landscaping, facade design, d he configuration of parking spaces. In addition to the site development stand ds set rth in the Iowa City Code of Ordinances, Owners agree and acknowledge that: e a. The three internal landsca ed median aisles running the length of the parking lot, but not containing a side alk, shall have a m imum width of 9 feet; b. Owners shall coopera with the City to de 'gn a public bus stop on the site, which shall include a propriate shelter for bus r ders; c. Three free-standin signs shall be permitted be located as shown on the Concept Site Pl d. The site may b developed in two phases. Phase I shall be the demolition of the Cub Foods Staples buildings, construction of e new Wal-Mart store, and installation all improvements on land not Curren y occupied by the existing Wal-Mart tore. Phase II shall consist of demolition o the existing Wal-Mart and installati of the final site improvements; e. Upon ompletion of Phase I, the City may issue a emporary certificate of occu cy valid for 90 days. If Phase II has not be completed upon the exp' ation of the temporary certificate of occupancy, s 'd certificate may be e ended if the Applicant has shown good faith efforts to beg' Phase II; f. pon completion of Phase II, the City may issue a certificate o occupancy; g. elivery traffic shall be routed to enter and exit the site from Ruppert Road. 5. The Concept Site Plan and Landscaping Plan attached may be modified within the general parameters of the Concept Site Plan, such as structural dimensions and tree species. Any modifications departing from this Concept Site Plan must and shall be subject to staff review and approval. Nothing in this Agreement shall be construed as to require Owners to conform to the Concept Site Plan in every detail, as the plan is intended as conceptual in nature. Neither party may intentionally digress from this Concept Site Plan for any arbitrary reason. 6. Owners and 'ty acknowledge that the conditions contained herein are reasonable conditions to i ose on the land under Iowa Code §414.5 (2007), and that said conditions satisfy blic needs that are directly caused by the req ested zoning change. 7. Owners and City ac wledge that in the event the subject pr perty is transferred, sold, redeveloped, or subdi 'ded, all redevelopment will confo with the terms of this Conditional Zoning Agre ent. 8. The parties acknowledge tha this Conditional Zoning Agr ement shall be deemed to be a covenant running with the lan and with title to the lan ,and shall remain in full force and effect as a covenant with t le to the land, unless r until released of record by the City of Iowa City. The parties further acknowledge that is agreeme shall inure to the benefit of and bind all successors, representatives, and ass ns of the ies. 9. Owners acknowledge that nothing in is onditional Zoning Agreement shall be construed to relieve Owners from comply with all other applicable local, state, and federal regulations. 10. The parties agree that this Conditional oni reference into the ordinance rezoning t subj publication of the ordinance, this agr ment Recorder's Office at the Applicant's a ense. Dated this day of OWNERS RSI-SUPERVALU, INC. Name Title WAL-MART REAL CO. Name 2008. Agreement shall be incorporated by property, and that upon adoption and be recorded in the Johnson Coµ~ty -=. o ,~,; \_ { ~;~, N ~( CITY OF IOWA ~ ~ t =,. r , IowA ~ %~ -~ ~ ~ By Regenia D. Bailey, Mayor By Marian K. Karr, City Clerk Approved by: ~. ,,,-~. ,~.~. `~ ~ ~..x~` ,_.., p i.: ~= ~= ,~. ..... s `,.j __ N s _ ~5 ~r ]]GG l.! f~.J• Y ~ Title City Attorney's Office OWN R'S ACKNOWLEDGEMENT State of ,County of ss: This i strument was acknowledged before me on the 2008 by , as Notary Public in and ~or the State of Iowa OWNER'S ACKNOWLEDGEM NT State of ,County of This instrument was acknowledged 2008 by , as OWNER'S ACKNOV~ State of This instrument 2008 by Superstore, East Inc.. My commission 9 / // N My ss: e on the day of , of Wal-Mart Realty Co.. _..~ ,. , Public in and for the State of Io~v~, r ~,~~ ~3 ,.,~ :: nm sion expires: _ < ~~~~~ ~Y r. ~ =.~' ^ , ~1 _, , . O ~J ~.~ ~ ~ v ~ofinty of ss: acknowledged before me on the as _ day of of RSI-Supervalu, Inc. day of Staples The Office Notary Public in and for the State of Iowa My commission expires: CITY OF IOWA CITY ACKNOWLEDGEMENT: State of Iowa, County of Johnson, ss: On this day of 2008, before me, the undersigned, a notary public for the state of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they re the Mayor and City Clerk, respectively, of the 'ty of Iowa City, Iowa, executing the withi and foregoing instrument; that the seal attached there is the seal of said corporation by aut rity of its City Council; and that the said Mayor and Ci Clerk acknowledged the exec on of said instrument to be the voluntary act and deed of s 'd corporation, by it and by the voluntarily executed. Notary P blic in and for the State of Iowa My commission expires: ~~ ~~ !.~ ...,..b (~ ~µJ !_, ,-^~ ' ~ ,,.,.t ,: s: Y ca4~s ~. ~ ° .~. 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"b~a~0b~.r'a ~ J ~~ o~ p 1S ~& a Q $ r t~ 0 ~' ~~ 4 ,n_ Y' F ~~ ~ - ~~ ~ @ l^( ~ f ~' ~3 u ~ ~,~ ~~ a ~,;~' as C ~ C ~/ N ~, . ~- O 9 ~ ~~ (~~ s ~! 9 ~ g~ d ~~ @~ :~ 2X~ 1( ggp g~BBB did 6 :~~ C o Y' ,. 9 /~/ u~ ®g 3 ~~ ~ ~~~ Y Y W~/ ~_ ~ / \\ ~~ rib,. ~ O •~ 1 \ ~ ~. V \ II iI i' ry ~ J~iY' ~ E'S z !~d ~' ' I ~~ ~ J ~ g~g .\, ~ v ~ f ,~~ g~ `:~. '~ 'k 9 j ~~F{+ / ~~ a,/' ~ // E r O~ g d£j O-1 3;j~~b~~~Y x'00 g°$b~dgb ~ N 3~~bF~3~ O00 ~~f~~q~g mm ~~3€'Yr~€ ;w~ .g~ za '~ City of Iowa City MEMORANDUM Date: July 3, 2008 To: Planning and Zoning Commission From: Robert Miklo Re: REZ08-00006 Wal-Mart Conditional Zoning Agreement The applicant has submitted a revised concept site plan and building elevations that address several of the code deficiencies that were outlined in the June 19th report to the Commission. There are two items of concern that still need to be addressed or clarified. The applicant has also requested an additional amendment to the Conditional Zoning Agreement (CZA) to allow the installation of a third free-standing sign on the property. Building design: The building elevations for the Ruppert Road facade now show the required articulation of the building plane. Two twenty foot wide bays have been added behind the screening wall for the refrigeration equipment. Awnings and changes in building materials have also been added. The design now appears to meet the requirements of section 14- X-6 K.2.a. A scalable version of the elevation drawing is needed to confirm that the requirements of section 14-2C-6 K.2.b. have been met. The concept site plan must be revised to correspond with the revised elevations. The applicant has indicated that drawings demonstrating compliance with these requirements will be submitted. Landscaping: Staff had initially requested that the applicant provide tree wells in the pedestrian area between the front of the store and drive. The applicant expressed a concern about trip hazards associated with tree grates. At the June 19th meeting the Commission indicated that there should be more extensive landscaping in front of the building. The applicant indicated a need to have sufficient area to allow pedestrian access to the front of the store. A possible solution that would provide sufficient space for both landscaping and pedestrian access was discussed. This would require the removal of 1 parking space from the south end of each row (approximately 20 spaces total) to allow the 30 foot driveway in front of the store to be shifted 9 feet to the north and adding 9 feet of area between the curb and the front of the building. It was suggested that the 20 parking spaces could be replaced in the vacant area west of the garden center resulting in no overall loss of parking. This would provide an additional 9 feet for landscaping and pedestrian access. A similar design was used for the Wal-Mart in Fort Collins, Colorado to provide a tree lined area in front of the store (see attached site plan from Fort Collins). In lieu of this solution, the applicant has proposed additional planter boxes as shown on the revised site plan. The Commission should decide if this is sufficient to address the concern for additional landscaping. Free standing signs: The existing Conditional Zoning Agreement limits the Westport Plaza development, which in addition to the proposed Wal-Mart, the adjacent car wash and real estate office to no more than two free-standing signs. The applicant is now requesting that the CZA be amended to allow a third free-standing sign on the Ruppert Road side of the property which is otherwise restricted to a monument sign. June 27, 2008 Page 2 Impervious surface: The Commission requested information about the amount of impervious surface that exists on the current property compared to the amount proposed with the new plan. The existing development, consisting of Wal-Mart, Staples, the former Cub Foods store and the parking lots and drive areas, covers approximately 74% of the site leaving approximately 26% of the property unpaved. The revised plan shows that 66% of the property would be covered with building and paving and 33% of the site would be unpaved. Attachments: 1. Elevations 2. Concept site plan 3. 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"~ ~ ~~~ I a i ) ~ f ~`. ~~ _ ~~ , ~ ~~> i ~ fi 5 - ~ ~ ~,/ - - ~~ ~ F Iii _ ~~i ~~ b W I i \~ u S L L ~. - ' k h ~ " G s U - /~' i / / ~ ~' a ~/ 4} 't2. _. ~~I ~. 4 ~ r_ _ 3 U III .~ ~ ~~: ~ .. ~/ f a it ~ ~: ~\(.a i~~' ~ N ~~ S \ \,~ ~f ~ ,\ i' ~ v 5~ ply J~ i .~ ~. ... .. .~ - .r. . :~~~ Q, _ _ _ i~ ~ I ~,~ ~ _ ~ I O ~ .~ ~ ~~~~~ ~, ~ i ~~~ `~ -~ ti~ '*.y / I y I Rio ~ ~~ ~ .' , . ~a I ~ 5, w ~ ~~ Z 0 a J $ W Z ~ O - Z o Z o a W ° J W H _ ~n N Yo S ~9 ~~ ~ sg`i ~ p~,,, 444§ § 'v v 'w ~€~~ ~~~~ _~ T° z ~ 0 a > s W J W Q F N b_ W 3 ° o$ i s W J W a QH '- Y1 ° r ~.!_,:,®~,~ CITY ~F 14WA CITY ~' ~~ 1 V 1 MoRANOu ~~ Date: June 13, 2008 To: Planning and Zoning From: Robert Miklo Re: REZ08-00006 Wal-Mart Conditional Zoning Agreement At the June 5th Planning and Zoning Commission meeting there was a question about the criteria that should be used by the Commission to review amendments to Conditional Zoning Agreement (CZA) pertaining to Westport Plaza (Wal-Mart). This request to amend the CZA does not require a Comprehensive Plan amendment or a change from one zoning classification to another. The question before the Commission is should the CZA, which dealt largely with aesthetic matters, be amended to allow a replacement of the original concept site plan, which depicted a layout for a shopping center, with a new plan that includes one large building, and the reconfiguration of the parking and driveway layout to accommodate this change. Concerns about landscaping, building design and materials are within the Commission's purview. The new concept plan should meet the minimum zoning standards, as it will be used by staff to administratively approve the site plan and building plans at the time the building permit is applied for. The most recent site plan (copy attached) submitted by the applicant does not meet requirements of section 14-5A-5 H Design and Layout of Surface Parking Areas. Subsection 14-5A-5 H.5., requires that large parking lots (over 45,000 square feet or 300 feet in width or length) must be divided into smaller lots. Landscaped medians and drives that do not have parking spaces directly onto them are required to create smaller lots. This is necessary to assure good traffic circulation, improve pedestrian safety and reduce the visual impacts of large parking lots. The site plan currently shows a drive in front of the building and one along the northwest property line near the entry to the property, but only one drive to provide access across the parking lot along the northeast side. This is not sufficient to provide circulation to the proposed 800+ parking spaces and to break the large parking lot into smaller components as required by the code. Staff has met with the applicant's engineer and discussed alternatives to provide at least one more drive across the parking lot. The applicant is planning on submitting a revised plan prior to or at the informal Planning and Zoning Commission meeting on June 19 to address this requirement. Staff has also requested that the site plan be amended to include 1. The required end caps for all parking rows including those with handicapped spaces. 2. The sidewalk adjacent to Ruppert Road should be set back at least 6 feet from the curb to provide for pedestrian safety and snow storage. 3. Additional landscaping along curb in front of building. 4. Landscaping on Ruppert Road side of building. The building plans currently do not show compliance with Section 14-2C-6 K., which requires that the Ruppert Road facade of the building be broken into smaller components (at least every 100 feet a projection or recess is required). We have met with the applicants architect and discussed ways to meet this and the other standards contained in this section of the code. Staff has also suggested that the use of more brick on the public facades of the building to meet June 13, 2008 Page 2 the requirement for a vertical change in materials and to minimize the use of Concrete Masonry Units (CMU) on the font facade. The applicant has indicated that a revised building elevation should be available at the informal meeting. There was also a question from the Commission about requiring an access easement across the Wal-Mart property to the Ruppert property located to the west. The existing Westport Plaza subdivision plat does include an easement that will allow a connection from the Ruppert property to the driveway that terminates near the northwest corner of the Wal-Mart parking lot. This easement is not being affected by the proposed changes to the CZA. If the Ruppert property develops the easement will allow the construction of a drive to the Ruppert property that could be extended to the former Menards property. W_ i ~~ ~~~ s a 5 n Q AP / - R !' n .. --- - RJ' / ', _._.i -- -_ Mara .e r . .,.. s ~ • R BiS ~ a 43 °- g m - , b < m~~ ~. ~ b ~ I~ g ~ 03 3° ~ g ~ ~: $eW< <; a ~ ~~e~~~rfr~ ~ Q S p r s ~ ~ ~ ~ ~ ~ a g ~ o ~ ~ li I.~ W ~00 0._00-;$ W ~ ~I~ ~~ Q bF 1 a a~ ~ ~~ ~~ ~ 4~ ~ ~~ 9~ rr s 9~ ~ ,\ / , '•\ j , \ /~ •,\ ~~ \~;\ \ (~_ `~ \ ~J `\ ~\ ~~; ~\ ~\ ~\ ~\ .~ ~, ~~ /: _ ~ /~ / j. ~ ~: /:~ /.~ ~, City of Iowa City MEMORANDUM Date: June 5, 2008 To: Planning & Zoning Commission From: Adam Ralston, Planning Intern RE: Wal-Mart's proposed amendments to the Westport Plaza Conditional Zoning Agreement Wal-Mart is proposing to construct a Super Wal-Mart store on the Westport Plaza property where it currently operates. They plan to construct the new store in the area that currently contains the Staples office supply store, the former Cub Foods store and parking lot. They would then demolish the existing Wal-Mart store. The space where the current store now stands will then be used as surface parking. For this to take place, a Conditional Zoning Agreement (CZA) that is in place for this property must be amended. In June of 1989 the City rezoned the current Westport Plaza property from I-1, General Industrial, to CC-2, Community Commercial. The rezoning was subject to a CZA which specified design requirements for development on the property. The CZA contains references to the site being developed as a cohesive, integrated development, in substantial conformance with a concept site plan filed with the City at that time. The CZA also contains a requirement for the facades of the buildings to provide "horizontal continuity," and refers to a drawing illustrating this concept. The site plan and drawing indicate that the development was planned to be an L-shaped configuration with a sidewalk fronting a line of shops in between anchor stores on each end, which became the current Wal-Mart and previous Cub Food stores. Loading docks and service areas were on the back sides of buildings and not visible from Highway 1. At the time of the Westport Plaza rezoning, the shopping center was presented by the applicant, the Joseph Company, to the Planning and Zoning Commission and City Council as an integrated shopping center. The applicant assured the City that the development would not be a typical strip development and entered into the CZA to help assure that this would be the case. At the time of the rezoning, one concern the City had was that the development not consist of individual, unrelated buildings, but that the buildings should relate to each other and function as a cohesive development. The Joseph Company expressed their intent to follow those ideas by submitting a concept plan and drawing illustrating an integrated development and agreeing to a CZA which contained language requiring the property to develop in that manner. The responsibility of the developer to conform to the CZA was passed on to Wal- Mart when they purchased the property. The CZA was originally put in place largely due to aesthetic concerns since this property lies along Highway 1, a major entryway into the city. Although the original conceptual site plan never materialized as agreed to in the CZA, aesthetics continue to be important along the Highway 1 corridor. The South Central District Plan, adopted in 2000, also emphasizes the importance of aesthetics and improvements to the city's entranceway such as upgraded Page 2 landscaping and increasing pedestrian access. Therefore the appearance of the proposed development should be considered with changes to the CZA. For this application, the City is not being asked to rezone the property from one classification to another, but rather to look at placement and aesthetic issues relating to the proposal in order to amend the CZA. The proposed amendments to the CZA will allow for the reconfiguration of the development on the property and replacement of the previously approved multi-tenant shopping center with asingle-tenant building. The concept site plan initially submitted by the applicant with a proposed amended CZA did not meet the standards contained in the zoning code for large retail uses and placed the building so that the loading docks and service areas would be visible from Highway 1. Staff advised the applicant that this design did not meet the intent of the original CZA, the entrance way policies of the Comprehensive Plan, or elements of the zoning code. The applicant has since submitted a revised plan that faces the building towards Highway 1, and places the loading and service areas away from public view. Although this plan is an improvement over the earlier request, staff has not had sufficient time to review the revised plan for compliance with the commercial site development standards. We have identified some elements of the parking design standards (section 14-5A-5 H.4), and standards for large retail uses (section 14-2C-6 K.2 and 3) that do not appear to meet code. We have advised the applicant's engineer and architect of these items. These items should be corrected prior to finalization of CZA. In addition to these code issues, staff recommends the use of a higher proportion of brick on the front and left facades (Ruppert Road entrance) of the building. The current proposal consists of predominately concrete masonry units. There may be other items identified as needing correction after a complete review of the revised plan. Although staff is not averse to amending the CZA to allow a reconfiguration of this property and the replacement of the exiting buildings with one larger building, the concept plan to be contained in the CZA should comply with the minimum requirements of the zoning code. Staff recommends that REZ08-00006 an application submitted by Wal-Mart Stores, Inc. for a rezoning to amend the conditional zoning agreement to modify the concept site plan for approximately 25.16 acres of property in the Community Commercial (CC-2) zone at 855, 911 & 1001 Highway 1 West, be deferred until a concept plan adhering to the requirements of the zoning code is submitted and the building design consists of significantly more brick on the two most visible facades. ATTACHMENTS: 1. Location Map 2. Concept Plan 3. Elevation Drawings 4. Proposed CZA 5. Original CZA Approved by: '~^^-~~ Jeff D vidson, Director Department of Planning and Community Development ~...,,,,e,,,,.~ _ r T N V ~ ~ ° - . 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P a„~ !t; S i ... j C - "~a ~r_ ~~ ~ i~ --- i~ r ~ A j Z - ~ ~ , i _ .. `~ .,, :~; `~ # q :i ~~ ~C O Z ,, E~~ ~- i ~; rj ~4 f w Y~j 5% ~d 43 .. _ 1 ~f 1z 4 ~. i 9 f I' ji {- ~~r .;i 'i; :~ s (t~ f': 4rt ~4 ik~ `~~ i 1 ~< r ..- .: Prepared b~ and return to• Robert N Downer 122 South Linn Street Iowa City, IA 52240 319/338-9222 FIRST AMENDMENT TO CONDITIONAL ZONING AGREEMENT THIS FIRST AMENDMENT TO CONDITIONAL ZONING AGREEMENT (the "First Amendment") made and entered into this day of , 2008, by and between WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust ("Wal-Mari") and CITY OF IOWA CITY, IOWA, a municipal corporation ("City„). RECITALS A. On June 13, 1989, The Joseph Company ("Joseph Company") and City entered into a Conditional Zoning Agreement (the "CZA"), a copy of which is attached hereto as Exhibit "1", and by this reference made a part hereof, and which agreement has attached thereto as Exhibit "B" a legal description of the property covered by the CZA. B. Attached hereto as Exhibit " 2", and by this reference made a part hereof, is a copy of the Site Plan for the real estate covered by the CZA, as said property presently exists. C. Wal-Mart, as successor in interest to Joseph Company as to all of the real estate described in Exhibit "1" and depicted upon Exhibit " 2", except for Outlots A and B (the "Wal-Mart Property"), desires to redevelop the Wal-Mart Property as described in Site Plans filed contemporaneously herewith. D. City and Wal-Mart, as successor in interest to Joseph Company as to the Wal-Mart Property, desire to amend the CZA as hereinafter set forth. TT IS THEREFORE AGREED as follows: 1. Paragraph 5 of Section B of the CZA is hereby amended by inserting thefollowing, which shall apply solely to the Wal-Mart Property: In order to lessen the impact on one of the major entrances to the City, Wal-Mart agrees that the portion of the Development Site owned by Wal- Mart (which includes the entire Development Site other than Outlot A and Outlot B) (the "Wal-Mart Property") will substantially conform to the Conceptual Site Plan and Landscaping Plan, each dated 2008 and by reference incorporated herein (together, the "New Conceptual Site Plans"). These Plans include and shall satisfactorily address the following concerns: A. Wal-Mart agrees that no more than two (2) free-standing signs will be permitted on the Wal-Mart Property, as shown on the New Conceptual Site Plans. B. Signage on the exterior wall of the building on the Wal-Mart Property facing Highway 1 West is prohibited. C. Signage on the rear wall of the building on the Wal-Mart Property is prohibited. D. Arborvitae screening shall be placed along the southwest boundary of the Wal-Mart Property south of the frontage road, as shown on the New Conceptual Site Plans. E. All lighting shall be downcast, and all Signage shall be internally illuminated. F. Plantings along the right-of-way shall be a mix of deciduous trees with varied groupings of evergreens, as shown on the New Conceptual Site Plans. G. Low-lying evergreen landscaping shall be deemed appropriate along the major entrance to the Wal-Mart Property from Highway 1 West. 2. Paragraph 6 of Section B of the CZA is hereby amended by inserting the following, which shall apply solely to the Wal-Mart Property 2 Parties agree that the New Conceptual Site Plans will be subject to modifications within the general parameters of the New Conceptual Site Plans such as structural dimensions and tree species. Parties further agree that any modifications departing from the New Conceptual Site Plans must and shall be subject to staff review and approval. Parties also agree that nothing in this agreement shall be construed to require Wal-Mart to conform to the New Conceptual Site Plans in every detail, since all building plans have not yet been completed, but the intent hereof is that Wal-Mart shall substantially conform to the New Conceptual Site Plans understanding, however, that dimensional changes are anticipated. Parties further agree that the New Conceptual Site Plans shall govern the Wal-Mart Property, and that neither party may intentionally digress from this New Conceptual Site Plans for any arbitrary reason. 3. Paragraph 7 of Section B of the CZA is hereby amended by inserting the following, which shall apply solely to the Wal-Mart Property: 7. Wal-Mart agrees that the final Wal-Mart Property shall provide facades of the structure that conform to applicable ordinances of the City that are compatible and that provide horizontal continuity as shown on the drawings presented to the Planning and Zoning Commission and dated , 2008. 4. Parties agree that this Amendment shall be deemed a covenant running with the land and shall inure to the benefit of all successors and assigns of the property described herein. Parties further agree that this Amendment shall be incorporated by reference into the rezoning ordinance; and that at anytime after the adoption and publication of the ordinance, this Amendment shall be recorded in the Johnson County Recorder s Office at the direction of Wal-Mart, concurrently with the the recording with the Recorder of Johnson County, Iowa, of any plats necessary to effectuate the terms and conditions of this First Amendment as to the Wal-Mart Property. The parties hereby agree and acknowledge that the approval of this First Amendment by the City shall not be conditioned upon the recording of such plats or this First Amendment within any certain amount of time from the date of such approval. 5. All agreements and parts thereof in conflict herewith are hereby superseded to the extent of such conflict. 3 DATED this day of , 2008. CITY OF IOWA CITY, IOWA WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust By: By: Regenia Bailey, Mayor Title: Attest: Marian K. Karr, City Clerk STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of , 2008, before me , a Notary Public in and for the State of Iowa, personally appeared Regenia Bailey and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Ordinance No. passed by the City Council, under Roll Call No of the City Council on the day of 2008 and that Regenia Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act ad deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa 4 STATE OF COUNTY OF ss: This instrument was acknowledged before me on as Trust, a Delaware statutory trust. by of Wal-Mart Real Estate Business Notary Public in and for said County and State 5 CONDITIONAL. ZONING AGREEMENT This Agreement is entered by and between The Joseph Company ("Joseph Company") and the City of Iowa City, Iowa, a municipal corporation ("City"). WHEREAS, Joseph Company has applied for rezoning a 28.084 acre parcel of land from Industrial, 1-1 to Commercial, CC-2 located on the south side of Highway 1 West and legally described in Exhibit B attached hereto and incorporated herein by reference. WHEREAS, the City has a policy to preserve and enhance the entranceways to Iowa City, Iowa; and WHEREAS, Highway t West is a major entranceway to Iowa City from the southwest and increased traffic is anticipated ff this rezoning request is granted; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting Joseph Company's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, Joseph Company acknowledges that certain conditions and restrictions are appropriate in order to lessen the impact on this major entrance to the City, and acknowledges responsibility for certain capital improvements to accommodate increased traffic. THEREFORE, the Parties agree as follows: ~~ 2 A. General Conditions 1. Parties acknowledge Iowa City has a policy, as stated in the Comprehensive Plan, to preserve and enhance the entranceways to Iowa City. Joseph Company agrees and acknowledges this policy is reasonable, proper and appropriate under the circumstances. 2. Parties agree Highway 1 West is a major entranceway to Iowa City from the southwest. Joseph Company acknowledges the City's policy concerning entranceways governs this rezoning request. To this end, Joseph Company agrees to provide certain amenities over and above City regulations in order to lessen the impact on the surrounding area, more particularly described below. 3. Parties acknowledge and agree that the proposed rezoning from I-1 to CC-2 will permit commercial uses, not otherwise contemplated under 1-1 zoning, and that the rezoning request herein will generate higher traffic than under I- 1. Joseph Company agrees that, in order to lessen the impact on the surrounding area, it will construct certain capital improvements, more particularly described below. B. Conditions -Amenities 4. Joseph Company agrees that the ±28 acre parcel, to be known as Westport Plaza and referred to herein as the Development Site, will be developed as a cohesive, integrated development with one major entrance on Highway 1 West. ~~ 3 Nothing in this Agreement shall preclude a secondary entrance at the eastern boundary of the Site Development. 5. In order to lessen the impact on one of the major entrances to the City, Joseph Company agrees that the Development Site will substantially conform to the Conceptual Site Plan dated April 20, 1989 and by reference made a part hereto. This Plan includes and shall satisfactorily address the following concerns: a. Joseph Company agrees that no more than two (2) free-standing signs will be permitted on the Development Site, as shown on the Conceptual Site Plan dated April 20, 1989 and incorporated herein by reference. b. Signage on the wall of Anchor No. 1 facing Highway 1 West is prohibited. c. Signage on the rear wall of Anchor No. 1 is prohibited. d. Arborvitae screening shall be placed along the southwest boundary of the Development South of the frontage road, as shown on the Conceptual Site Plan. e. All lighting shall be downcast, and all signage shall be internally illuminated. f. Plantings along the right-of-way shall be a mix of deciduous trees with varied groupings of evergreens, as shown on the Conceptual Site Plan. ~~ 4 g. Low-lying evergreen landscaping shall be deemed appropriate along the major entrance to the Development Site from Highway 1 West. 6. Parties agree that the Conceptual Site Plan dated April 20, 1989 will be subject to modifications within the general parameters of the Conceptual Site Plan, such as structural dimensions and tree species. Parties further agree that any modifications departing from this Conceptual Site Plan must and shall be subject to staff review and approval. Parties also agree that nothing in this Agreement shall be construed to require Joseph Company to conform to the Conceptual Site Plan in every detail, since the Plan is intended as conceptual in nature due, in part, to the fact that only one of the anchors are currently identified. Dimensional changes are therefore anticipated. Parties further agree that the Conceptual Site Plan shall govern the Development Site, and that neither Party may intentionally digress from this Conceptual Site Plan for any arbitrary reason. 7. Joseph Company agrees that the final design of the Development Site shall provide facades in the retail centers that are compatible and that provide horizontal continuity, as shown on the drawings presented to the Planning and Zoning Commission and dated April 20, 1989. l~ 5 C. Conditions -Off-Site Improvements 8. Joseph Company agrees to assume total financial responsibility for the off-site improvements required by this Development Site, specifically: a. Any geometric changes in the Highway 1 West right-of-way associated. with the major entrance; b. Signalization (traffic light) to be placed at the main entrance to the Development Site on Highway 1 West as shown in the Conceptual Site Plan; and c. Improvement of the north-south right-of-way east of Carousel Motors from the existing frontage road to the north boundary of the Development Site. Joseph Company agrees these improvements will be made to City standards. ****«** 9. Nothing in this Agreement shall be construed to relieve Joseph Company from complying with all applicable local and state regulations, and Joseph Company acknowledges this obligation. ~q s 10. Parties agree that this Conditional Zoning Agreement shall be deemed a covenant running with the land and shall inure to the benefit of all successors and assigns of the property being rezoned herein. Parties further agree that this Conditional Zoning Agreement shall be incorporated by reference into the Rezoning Ordinance; and that upon adoption and publication of the Ordinance, that this Conditional Zoning Agreement shall be recorded in the Johnson County Recorder's Office and shall constitute notice to the public of the -above restrictions. Dated this 13th day of June , 1989. CITY OF IOWA CITY By: ~ok:~~=~G- ayor Attest: Marian K. Karr, City Clerk STATE OF IOWA ) ss: JOHNSON COUNTY ) JOSEPH C~OA~IPANY 1 ~, By: ~. Presi rt ,. Attest: l/ r.J On this 13 day of June 19 89 ,before me, Gina O'Donnell , a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (g~~) No. 89-3418 passed ( ) by the City Council, under Roll Call No. - - - - of the City Council on the 13th day of June , 19 89 and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. . ~(~tla ~~ (ern ~ a Q Notary Public in and for the State of Iowa ~~ 7 STATE OF 71_LINOIS ) SS: PEORIA COUNTY ) f On this ~ 5 day of , A.D. 19 0 / before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared David S. Joseph, to me personally known, who, being by me duly sworn, did say that he is the President and Secretary ,respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corpora- tion; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said President and Secretary as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said unty and State FROMED~.9 TD FORM ~-y LEGAL D/E.PARTMENT / i!h\ I \,\ ~~ E6 S~, D ~` ,~ ~ 7 `~ ~ -•\ \ i er ~ ro ~ ). ~ / ~ \ rr ,, e: ~.. ~ -~ p¢ g} pp Q} r r fir{ / / ~~~ o c e~E 'E _. r~ P f, Td ~. g N ,. ~••,f' r ~ ~ ~ ~ \ 1 , \ .ice .~` / ~/(/., \S~ .. y` , t~ m ~ ~ ~~: ~ ~~, r 1 It ~ ~/ r \\~~ `~ R \ ~''~~~ 0~ ~\iv' .*y~ :1 ~ / ,, i~ a ~ € _ ~: err ~C" `5. ~' ~ f <'~~ ; ~~'r c~9 i ~ r .~ ~.`d / ~ \`\ r s e _ ~ . 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W .~ ~ ,,,i ~~ ._ - ~ ~_ s, _ ~. •~ ~~+~ ~,, ~,:_~, r:rr^., NORTH ELEYATIQN ~ .. ~~ SOUTH E~EYATION - ~ ~ " R__~ >~ ,. .a, 1 ~~ R ~aM~~ ,:•`R ,~ I4W~ '~ f~'~I, I~1 ."972.1 it i`.2.:.G$ 5NE5T ELEVATIQH .r a! ~~ EAST ELEVATION ~~ j'~ -: •, I I ¢ \4 `~f~ ~Yrl r~ TRFF f'I Y rf•FK CIF_islL ,~ ...s ~EH(R l16 FL~HTINCCETI:L ~. {~ J~~. `~ /~~ .i ,. .~.. a :. .: ~ ~~ -~ fi=RENReAL FV.NTIHG'+T'TR1L .~ ~,,,~ t ,~ I ~ ° Y ~~ F1Jf`O~^pr F:41 ~4ti~ - 1JIS ~A o ~ ,~T~~.~? 11 51 ~ I r I Alanting nube3 ,.~ , N. n I. -~1 Q q -~ ~ ~~ 3 4 - .w ~asVav s.~c...au >~ 9 . ..~. :..~.,., , ~ 4 , k _ _ 1164 N ISM P[8 GH RE494R tEi „.C..... N1WA CIiY. IA Rr~~FRRp ImBSUXGRc~'f~RTt6T a~~~ 5 ^1Y91 LANIBCAPE 6LkN Jon iw s.u.rve ^. ..x.u ir~w vnue.. ws ,ri L1 A ~,~.r .,ITS ~°.- ter. w =~-y_ ~__.. _ C ~ Y - yx _ MEaRDON, SUEPPEL br, DOWNER P.L.C. LAWYERS ROBERT N. DOWNER JAMES D. McCARRAGHER MARK T. HAMER THOMAS D. HOBART DOUGLAS D.RUPPERT TIMOTHY J. KRUMM WILLIAM J. SUEPPEL CHARLES A. MEARDON DENNIS J. MffCHELL DAVID J. BRIGHT PETER J. GARDNER ANNE E. DANIELS ANDREW J. HOSMANEK PATRICIA G. KROPF CARRIE L. LATHROP 122 SOUTH LINN STREET IOWA Cf1Y, IOWA 5 2240 - 1 802 2431 CORAL COURT. Sure 5 CORALVILLE, IOWA 5224 I -2838 July 25, 2008 Marian Karr City Clerk City of Iowa City 410 East Washington Street Iowa City, IA 52240 Dear Marian: TELEPHONE: (3 19) 338-9222 Iowa clrr FAx: (3 i 9> 338-7250 coRALVILLE Fax: (3 19) 545-4055 WWW.MEARDONLAW.COM WILLIAM L. MEARDON (I 9 19- 1997) OF COUNSEL: WILLIAM F. SUEPPEL MARGARET T. LAINSON JEAN BARTLEY I am writing to you on behalf of Wal-Mart. The ordinance amending the Conditional Zoning Agreement for West Park Plaza (REZ08-00006) has been set for public hearing on August 11, 2008. I am writing to request that the City Council have first consideration following the public hearing on August 11, 2008. I am also writing to request that the City Council collapse the second and third readings at its meeting on August 26, 2008. Because Wal-Mart must make final decisions related to certain real estate transactions concerning the subject property shortly after August 26, 2008, Wal- Mart needs to have a final vote from the City Council at that time. We appreciate the City Council's consideration. Thank you. Very truly yours, © -- c `= Dennis .Mitchell ~ "'' ~ ' ~~ DJM/jab - " `s:-s ~C~ ~ .~ ~ 4 .~ :~-~ ~, _:.~~. ~~ Marian Karr From: Tom Carsner [carsner@mchsi.com] Sent: Sunday, August 03, 2008 2:02 PM To: Council Subject: Comment on Wal-Mart Amendment August 3, 2008 To The City Council: I will be out of town for the August 12 public hearing on the Wal-Mart amendment to the Comprehensive Plan. I urge you to deny this request. In this note I ask you to consider a couple of reasons why. 1. How is 1 store better than 4, 5, or 6 stores? What Wal-Mart is requesting is an amendment only in bureaucratic terminology. The Wal- Mart request is an abrogation, a gutting, a rewrite, permission to walk away from the original 1989 agreement they assumed. Wal-Mart's plan for this site is a microcosm of what they have done across the country. The 3 stores built (plus 3 other stores never built) there are to be legally gobbled up by Wal-Mart and replaced with a Wal-Mart monopoly of the site. And Wal-Mart asks your blessing on this tactic. How is 1 store better for Iowa City than 4, 5, or 6 stores What Wal-Mart primarily is seeking is an expanded share of The fear alone of a Wal-Mart grocery store is part of what There are already slim choices in Iowa City for grocery shy think that in another year or two there will be even fewer this request is granted. at this location? the Iowa City grocery market. drove Cub Foods out of town. gypping. It is reasonable to choices for grocery shopping if In most retail settings expanded variety and the competition it engenders is better than a monopoly. Customers are given a choice of selection, quality, price, country of origin of the products, and the conditions under which the products are made, and the working conditions under which the products are sold. A monopoly narrows choices and often forces customers to shop at stores that are less than good corporate citizens. Small retail businesses find the path to success only harder as the competition becomes increasingly larger stores. (Three recent suits against Wal-Mart state that women were prevented from promotion opportunities, employees were locked in the store after closing and forced to work additional unpaid hours off the clock, and management used illegal union-busting tactics. The illegal and unethical activities of Wal-Mart are a long trail of tears that Iowa City should not become a greater party to by super-sizing the present store.) One large store, especially Wal-Mart, is NOT better for Iowa City than 4, 5, or 6 stores. 2. How is it fair to reward Wal-Mart with a new agreement when they have not fulfilled their present agreement with Iowa City? 1 The City Council is to be commended for concessions bargained with developers that improved recent agreements such as Hieronymus Square and the St. Mary's site apartments. But in light of Wal-Mart's 19 years of noncompliance with its present agreement with Iowa City, what is the incentive for developers in the past, present, or future to comply with similar agreements with the city if it is plain that enforcement is nonexistent or only sporadic, and that noncompliance has no consequences? What lesson is there for citizens in rewarding Wal-Mart's noncompliance? If a citizen is late in paying their city services bill, it is certain that the city will take swift action to recover that monthly payment. If a citizen doesn't meet the code specifics in a building permit for their home addition or remodel, the city inspectors will quickly stop the construction. So the lesson for citizens is this: If you are not going to comply, do it big time, because then you will get away with it, and get away with lots of money; if you don't comply in something small, you will get caught and you will pay fines for it. Wal-Mart learned this lesson well. I have not heard a single word of remorse from them about their 19 years of noncompliance. Two years ago they had the gall to list on 8 pages, 23 conditions that Iowa City had to fulfill before they would agree to the proposed purchase of city land. If Wal-Mart could not fulfill the present agreement in 19 years, why reward them with something they believe will benefit their bottom line? Why should the City Council think they will do any better in fulfilling a new agreement? If the City Council grants Wal-Mart's request for a monopoly at this site businesses, citizens, and developers alike will have good reason to question Iowa City's commitment to small businesses, good corporate citizenship, and simple fairness. Again, I encourage the City Council to deny this request. Tom Carsner 1627 College Court Place Iowa City, Iowa 52245 This correspondence will become a public record. Page 1 of 1 Marian Karr From: Icpatt@aol.com Sent: Friday, July 11, 2008 8:16 AM To: Council Subject: Wal-Mart This correspondence will become a public record. I support the plans for Wal-Mart to build a new store and ask you to support and encourage them too. Business, jobs, and growth is good for this city. Please don't let the very vocal minority drown out the silent majority. Thanks for your time. Patty Villhauer _ __ Get the scoop on last night's hottest shows and the live music scene in your area -Check out TourTracker.com! 7/ 11 /2008 Phone 319-366-2428 City Council City Hall 410 E. Washington St. Iowa City, Iowa 52240 WALLACE L. TAYLOR ATTORNEY AT LAW 118 3~ AVE. S.E., SUITE 326 CEDAR RAPIDS, IOWA 52401 August 5, 2008 Re: Wal-Mart Application to Amend Conditional Dear Council Members: Fax 319-366-3886 ... , p _:~ ;: ; ..,, ~ --; C`, cr -`, r.. '~ A -~ Zoning A~1~em~:ht D -~ At your meeting on August 11 you will be considering a request by Wal-Mart to amend the conditional zoning agreement governing use and development of the site where the present Wal-Mart store is located. On behalf of the organization, Iowa City Stop Wal-Mart, we ask that you deny this request, just as you should for any business or individual - Target, K-Mart, The Soap Opera, or John Q. Public - if they violate an agreement with the City. The conditional zoning agreement at issue here was adopted in 1989. The original parties to the agreement were the City and a developer called The Joseph Company. The original agreement provided that the development site would be developed as a cohesive, integrated development. The agreement further provided that the final design of the site would provide facades in the retail centers that are compatible, and provide horizontal continuity as set out in the conceptual site plan. That conceptual site plan was described by the City's Planning and Community Development Department, in a June 5, 2008, memo as follows: The site plan and drawing indicate that the development was planned to be an L-shaped configuration with a sidewalk fronting a line of shops in between anchor stores on each end, which became the current Wal-Mart and previous Cub Food stores. Loading docks and service areas were on the back sides of buildings and not visible from Highway 1. 1 At the time of the Westport Plaza rezoning, the shopping center was presented by the applicant, the Joseph Company, to the Planning and Zoning Commission and City Council as an integrated shopping center. The applicant assured the City that the development would not be a typical strip development and entered into the CZA to help assure that this would be the case. At the time of the rezoning, one concern the City had was that the development not consist of individual, unrelated buildings, but that the buildings should relate to each other and function as a cohesive development. The Joseph Company expressed their intent to follow those ideas by submitting a concept plan and drawing illustrating an integrated development and agreeing to a CZA which contained language requiring the property to develop in that manner. The responsibility of the developer to conform to the CZA was passed on to Wal-Mart when they purchased the property. Wal-Mart was intended to be one of the original anchor stores in the development. In fact, I suspect the Joseph Company was a developer for Wal-Mart. And as the above-quoted memo says, Wal-Mart purchased the property in 1991 and assumed the responsibility for complying with the conditional zoning agreement. The Planning Department memo confirms that the sale of the land to Wal-Mart also included compliance with the conditional zoning agreement. So Wal-Mart knew at the time ~~ purchased the property that it had to comply with the ~ninq agreement, including the vision of outlying smaller sta~@s a-~d ~ ~ ti~ compatible building design. ~ ~ ~ ~ --! C~ o` The conditional zoning agreement was amended by the City'-' ~"1 m , ~- council in 1996 when the Staples store was built on the ~ite=~ The only changes made were that the requirement that th~e~e b'~ a cohesive, integrated development was deleted, as was the ~ requirement that the facades on the building would provide horizontal continuity. The rest of the agreement and the reference to the site plan remained intact. The agreement was amended because the original plan had not been honored. This was really no basis for amending the agreement and rewarding its violation, but that is water over the dam at this point. In the ensuing 19 years since the original conditional zoning agreement, the development of the site, which has been Wal- Mart's responsibility, has been violated. We now have three disjointed stores on the site (Wal-Mart, Cub Foods, and Staples) with facades that are not compatible. Wal-Mart never 2 followed through with the concept of small, compatible stores required by the zoning agreement. Now, Wal-Mart wants to do away with the conditional zoning agreement altogether and have just one gigantic store and a huge parking lot. So, in actual fact, Wal-Mart is not asking that the conditional zoning agreement be amended. Now, after 17 years since purchasing the property in 1991, and never complying with its obligations under the conditional zoning agreement, Wal-Mart is asking that the agreement be completely scrapped and ignored. During the Planning and Zoning Commission meetings regarding Wal-Mart's request, the Planning Department staff and Wal-Mart simply discussed cosmetic changes to the proposed building and parking lot. The real issue, that the conditional zoning agreement was going to be completely abandoned, was never discussed. What good is a conditional zoning agreement if it can be violated and the violator rewarded by completely changing the agreement? Why is the Planning Department aiding and abetting the violator in this effort? Why isn't the Planning Department enforcing the zoning agreement? Wal-Mart had 17 years to comply with the agreement and never did. This history and background raises some significant issues you need to consider in making your decision about Wal-Mart's request. The most important issue is why the conditional zoning agreement should be abandoned now just because Wal-Mart requests it. A conditional zoning agreement is a type of contract. A contract requires an offer, an acceptance, and what is called consideration, each party giving up something. In this case, in 1989, the City offered to rezone if conditions were imposed. The Joseph Company accepted this offer, and this responsibility was transferred to Wal-Mart. Each side gave up something. The City allowed the property to be rezoned. The developer gave up the right to use the property as it wanted, but instead agreed to the use restrictions. By law, the parties to a contract are required to comply with their obligations under the contract. Wal-Mart has breached the contract. If you grant Wal-Mart's request now, then a contract means nothing. There is a rule in equity courts that a party seeking relief must come into court with "clean hands." In this matter Wal-Mart is asking for relief after having violated the zoning agreement, i.e., with unclean hands . p `~:: ~,. ~% .~„ In a larger context, if Wal-Mart is allowed to violate`''a ~ °°~ zoning agreement with impunity, or actually being reward ftor it, how will the City be able to reach agreements with-,,hey ` k ~~ ~r ~4'T ~ ~ -~ 3 developers and hope to enforce them? The other developers will simply say they will agree to anything and then do whatever they please, knowing that the City will not enforce the agreement. If you want responsible development by requiring concessions from developers, granting Wal-Mart's request here would send the wrong message. We must also remember that Iowa City is a unique place. It has always been supportive of small local businesses. If you want to keep Iowa City's uniqueness and maintain the community vision that has made Iowa City the progressive city that it is, the conditional zoning agreement should be retained. I have heard the argument that the smaller stores envisioned by the conditional zoning agreement are a thing of the past and that only a big box store, or rather a bigger box store, is the only thing that will save this site. It doesn't take much observation, however, to determine that the trend now is for strip malls with small shops and businesses. Such development would be in the spirit of the conditional zoning agreement. There is also a myth being created by Wal-Mart and its supporters that the area where Wal-Mart wants to build is deteriorating and a new Wal-Mart store will "renovate and possibly revitalize the area." This area is not deteriorating. This area of Iowa City, along Highway 1, is the site of new car dealerships and other new businesses. Only one store, Cub Foods, has closed. The current Wal-Mart building is not aging, needing to be replaced. Wal-Mart simply wants to build a bigger store and gobble up more business from smaller stores. Staples is an active business, and is leaving only because Wal-Mart has forced them out. Cub Foods left, but the building is still good, and if the City were serious about economic development would find another occupant for the building and enforce the conditional zoning agreement. So far in this process, as I indicated above, the Planning Department staff and the Planning and Zoning Commission have ignored the real issue, the violation of the conditional zoning agreement and the fact that Wal-Mart wants to completely abandon the agreement. The Planning staff seems to be proud that they have been able to get Wal-Mart to use the right color bricks on the new building and plant some trees in the parking lot. Of course, Wal-Mart is willing to do tat. is no great expense and, like the magician who distracts ~ur~. attention from what is really happening so we won't see;Y~~w"~ `~7 does his trick, Wal-Mart managed to divert attention fr--~~ tY~ ~_~ C'iI ~. d~ v '' ~ ,~ ~ v b ~ ~ 4 real issue. I hope that you will not be distracted and will see how the trick is being played. Although Wal-Mart is not asking that the zoning classification be changed, its request is, in effect, a change in use of the property, just as if it were a rezoning. In a fairly recent decision the Iowa Supreme Court, in Sutton v. City Council of Dubuque, 729 N.W.2d 796 (Iowa 2006), held that amending a zoning ordinance at the request of a property owner, as we have in this case, is a quasi-judicial process. In Sutton, the Supreme Court relied on a case from the State of Washington, Fleming v. Tacoma, 502 P.2d 327 (Wash. 1972), where rezoning cases have been considered quasi-judicial for many years. Although the issue in the Sutton case was whether a suit for declaratory judgment was available to challenge a rezoning, or if certiorari was the sole remedy, when the court made clear that rezoning is quasi-judicial, there are further implications. Since the Iowa Supreme Court relied on precedent from Washington, it is instructive to review the case law from Washington. In Parkridge v. City of Seattle, 573 P.2d 359 (Wash. 1978), the Washington Supreme Court held that a decision of a city council to rezone property was arbitrary and capricious. In the course of the opinion the court held that: (1) in considering the validity of a rezoning, there is no presumption of validity favoring the action of rezoning; (2) the proponents of the rezoning have the burden of proof in demonstrating that conditions have substantially changed since the original zoning; and (3) the rezoning must bear a substantial relation to the public health, safety, morals, or general welfare. The Parkridge court also observed that while current views of the community urging a rezoning may be given substantial weight, they cannot be controlling without reasons requiring a rezoning for the public health, safety, morals, or general welfare. Another decision, by the Kansas Supreme Court, Golden v. City of Overland Park, 584 P.2d 130 (Kan. 1978), adopting the holding in Fleming, as did the Iowa Supreme Court, that a rezoning case is quasi-judicial, went on to approve several factors to be considered in determining whether a rezoning decision is valid: p r a f ' ~. (1) The character of the neighborhood; ~~~ ~~ ~~ (2) The zoning and uses of properties nearby;~~~. ~ ,:. o. r-- _ r~ ~.. G~ %'~ ~i D ~ 5 (3) The suitability of the subject property for the uses to which it has been restricted; (4) The extent to which removal of the restrictions will detrimentally affect nearby property; (5) The length of time the subject property has remained vacant as zoned; (6) The relative gain to the public health, safety, and welfare by the destruction of the value of plaintiff's property as compared to the hardship imposed upon the individual landowner; (7) A consideration of the recommendations of permanent or professional staff; and (8) Conformance of the rezoning with the comprehensive plan. Thus, Wal-Mart has the burden to prove that circumstances have changed to justify its request and that the request to abandon the conditional zoning agreement complies with the purposes of zoning. The purpose of zoning is to provide a rational, comprehensive and stable system of land use. When a change in zoning is made on an ad hoc basis for the benefit of a single entity, the purpose of zoning is violated. The only conclusion that can be reached is that Wal-Mart has not carried its burden to justify its request. In summary, if you want to maintain the community vision enshrined in the conditional zoning agreement, ensure that conditional zoning agreements mean something, and uphold the purposes of zoning, you must deny Wal-Mart's request to abandon the zoning agreement. Respectfully Submittted, Wallace L. Taylor ;.., c _~ ~., _ ` r 1 ~~ ~W~ ~ _ .Ti C ~ ~'^ ~. ~~ti o~ 6 Page 1 of 1 Marian Karr From: gary sanders [iowacitystopwalmart@yahoo.com] Sent: Wednesday, August 06, 2008 4:05 PM To: Council Subject: Wal-Mart request Council Members: My attorney, Wallace Taylor, has outlined the legal reasons why you should deny Wal-Mart's request for an amendment to the conditional zoning agreement at the site of their current store so that they can build a SuperCenter. I urge you to also consider the moral reasons for voting "no". Wal-Mart is an outlaw corporation, plain and simple. I have given you a copy of an article from the July 2, 2008 New York Times covering just one of the hundreds of legal judgments against Wal-Mart. Over the years Wal-Mart has been been found guilty of sexual and racial discrimination, guilty of forcing workers to work during breaks and not paying them overtime that they were due. And Wal-Mart routinely and actively discourages any employees from unionizing, a right guaranteed in the United Nations Declaration of Human Rights. To say that Wal-Mart is no different than any large corporation is simply not true. To say that Menards or Hy-Vee or Target operates with the same disregard for the law is false. We are supposed to be a "progressive" city, and most of you supported liberal Democrats at your Caucus. Please think about translating your nationaUworld views to the local level--even to a small zoning issue. Wal-Mart does not deserve any governmental stamp of approval, however small, from fair-minded people. It does not matter that millions of people shop at Wal-Mart every day in this country. It does not matter that many people in this community see nothing wrong with Wal-Mart. You have an obligation to consider whether granting a request from a habitual and pervasive lawbreaker is a moral action. Voting "no" on Wal-Mart's request is not "anti-business". Voting "no" on Wal-Mart's request is actually an "anti law-breaking business" vote. It is in your purview to consider Wal-Mart's long-time horrid record of worker abuse when you make this decision. I hope you will take this opportunity to once again put Iowa City at the forefront of progressivism in this country. Gary Sanders, chair, Iowa City Stop Wal-Mart 8/6/2008 i Wal-Mart Loses a Suit Over Work Breaks By STEVEN GREENHOUSE A state judge in Minnesota has ruled that Wal-Mart Stores vio- lated state laws on rest breaks and other wage matters more than 'two million times and as a result could face more than $2 bil- lion in fines. The judge has threatened to impose a $1,000 penalty for each violation. The judge also ruled on. Mon- day that Wal-Mart owed $6.5 mil- lion to 56,000 current and former employees because of contractu- al violations, including a failure to give workers .promised rest breaks at least 1.5 million times. The judge also found that Wal- Martmanagers in Minnesota had systematically broken-the law by having employees take in-house training while off the clock. "It's been a long time coming," said William R. Sieben, a lawyer for the plaintiffs, who filed the lawsuit nearly seven years ago. "It's only through a decision like this that Wal-Mart can be held to its contractual agreements and to complying with Minnesota law." The judge, Robert R. King Jr. of the First Judicial District in Da- kota County, ruled in favor of Wal-Mart on several important issues in the class-action lawsuit, finding that Wal-Mart managers did not routinely make cashiers and stock personnel work off the clock while doing their regular jobs. A Wal-Mart spokeswoman, Daphne Moore, said the company was considering an appeal. "We do respectfully disagree with por- tions of the. decision," Ms. Moore said, adding that Wal-Mart was pleased that the court ruled in its favor on many points. . "Our policies are to pay every associate for every hour worked and make rest and meal breaks available for our associates," said Ms. Moore, whose company uses the term associates for its em- ployees. Four women filed the lawsuit in September 2001, contending that ..Wal-Mart managers had often made employees work off the clock and denied them meal breaks and-rest breaks that were promised in the employee hand- book -promises that the judge said constituted a contractual ob- ligation. ,In his 151-page ruling, Judge King set Oct. 20 as the date for the second phase of the trial to al- low ajury to determine punitive damages and the amount of stat- utorypenalties. The Minnesota case is one of more than 701awsuits filed across the country in .which employees have accused Wal-Mart of mak- ing them work off the clock or miss required breaks. In Penn- sylvania in 2006, a jury awarded $78 million in a lawsuit against Wal-Mart over rest breaks and off-the-clock work. Last year, a judge increased that award to $188 million to include damages, Violating Minnesota law on wages and rest and meal time. interest-and lawyers' fees. Ina 2005 verdict in California, Wal-Mart was ordered to pay $172 million for making employ- ees miss meal breaks. The com- panyhas appealed both verdicts. In the Minnesota case, Judge King found that Wal-Mart had vi- olated state law by failing to keep records for 325,188 sliifts, or 13 percent. He also found that on 69,710 occasions, Wal-Mart stores in the state had failed to make ap- propriate time records for people who were off the clock and hav- ing in-store computer-based training. Judge King repeatedly said that Wal-Mart's audits had found that its workers were missing meal and rest breaks tens of thousands of times. Wal-Mart said that it could not rely on those audits, ,but the judge faulted company managers for taking no action in response to the audits. "They put their heads in the sand," he wrote. In what some workers said were the most serious violations, Judge King found that Wal-Mart owed $3.6 million for failing to provide the 56,000- members in the class-action suit with rest ' breaks to which they were con- - tracfuallyentitled. He also said the company owed $1.6 million for 4.4 million con- tractual violations of shorting. workers - giving workers less than the amount of time they were entitled to - on their 15- minute rest breaks Under the ruling, Wal-Mart ` faces the greatest liability for vio- lating Minnesota law by deduct- ing .several minutes from work- ' ers' pay when they took rest '• breaks for 16, 17 or 18 minutes,' ' when Wal-Mart said they were ' - entitled to 15-minute breaks. Un-~ _~ der Minnesota law, employers are barred from deducting min- " utes from a worker's pay so long' ` as the break lasts less than 20- `• minutes. Judge King found that Wal- Mart had committed that statu- ' tory violation 1.5 million times; `• the company is subject to a civil - ~ ' penalty of up to $1,000 for each of those violations: ' - Judge King also concluded that - ~ ` Wal-Mart had broken state law ~ _~ by .failing to give 73,864 meal.: ' breaks. Each of those violations ' could also bring a $1,000 fine. ' "There was just too much work ~ - ' to do and never enough time to ~ "' do it," said Nancy Braun, the lead'. ` plaintiff in the case. "There just ' ' wasn't enough time in the day to _ take the. breaks we were entitled ' to." Judge King wrote that Ms.. Braun had recounted the humili-• `` ating experience of soiling ,her- ` self while at work because she;` ' had not been permitted -time to us,~ the restroom, He said that another Wal-Mart employee "had ~'~ to beg to use. the restroom during ' one of her menstrual cycles." While saying that these inci- ' - dents were aberrations and not ~ ' classwide, Judge King wrote that _ the restrictions on using the rest- room were "dehumanizing. and reprehr?nsible." ~' - ' IUe vv Yo•-/C Ti m ~~~ Tv~ Z f~ Z 0 D 8 Y Attached is an a-mail with an attachment from a friend of mine in Carmel, CA. I have been following the discussions of the P and Z Commission in regard to the proposed Super Wall Mart store. It appeared that a concern of the commission in the early stages was in regard to the front design of the proposed store. The Safeway store is designed to have the appearance of several stores but let me assure you it is jut one big store with a very attractive facade. As I pictured the store in my mind I thought it would cost a around an additional $100,000. As see the pictures, it would probably be more. Now, after visiting with Bob, the concern is mostly in regard to landscaping., The pictures give you a glimpse of the Safeway landscaping. Even though the discussions apparently are beyond the design stage of the building, these pictures will give you an idea of what can be done. Ed Barker ~~ `'`' , ~~: a 4 . ~~ ~4 ~ p ~ ~ T I, ~ , ~.~ ~ • . ~. 4` =_ i ~ i (. -vw~..e.wwvwsr.'. 4.' kn d ~ ~ i ~~. 't. yy ,;try , ~ ~ s ~ ~ ~ ~ ' •'- Yi rr V - s°ri6ti~'r~115t ~' ~~9 7~ .~, 7i t+ ~` -, `,t. ~e _ ~t`, Y is ~' ~Y .,sy ~~~ ~ ~ 1 y nlap-. ~ . ~ y Y e i°''~~_. . '~' .'a •~ y K y f .,~ s ~ ~_E Y ~ 'q ° a9 ~ . e~~ ~ "i ~ oB ~ 0 r.,~' ~ ~. f . +Yr `'`r ~. ~ r"~ 1 ~Y. ~ e. -. ~- ~~~ i i"L~ ~~~ `~~ r~l . ,~ . ;, _~ yF ~S ~L T t r * ~ ;~ :'~ '~' - ~ ~ ~~- ~ a.`;, ~ ,r ~~, ra r- ,. # ~~~ _._ ~ e ~. ~~ Z "~ ~_' ~ R .t y' L ~~^• rr: r f -y. ~, i t ~ ~~~.®~Ct ,~~,.~ CITY OF IOWA CITY 4b MEMORANDUM Date: July 29, 2008 To: City Council From: Jeff Davidson, Director of Planning & Community Development Re: 700 South Dubuque Street rezoning At your July 15, 2008 City Council meeting, you gave first consideration to the rezoning of property at 700 South Dubuque Street from Community Commercial (CC-2) to Intensive Commercial (CI-1 ). At that time you asked for clarification of the screening requirements in the CI-1 zone prior to your consideration of the second reading of this ordinance. There are two screening provisions with respect to the subject property at 700 South Dubuque Street. The parking lot needs to be screened to the S2 standard regardless if it is zoned CC-2 or CI-1. The existing parking lot is grandfathered in and does not meet the S2 standard. If the proposed zoning change from CC-2 to CI-1 is approved, the property owner would be required to bring the parking lot into compliance with respect to the S2 screening standard. The S2 standard requires a planting bed at least 10 feet wide with shrubs that grow between two and four feet in height. The only other screening requirement that would apply to 700 South Dubuque Street if it was rezoned to CI-1 pertains to outdoor storage. If there is outdoor storage, it must be screened from the street and neighboring properties by the building or S3 screening. The S3 screening requires a hedge at least five feet in height, and at least 50% of the plants must be evergreen. In the case of the 700 South Dubuque Street property, it is likely that outdoor storage would be screened behind the building. Let me know if you have any questions. cc: Michael Lombardo Bob Miklo ppdd it/mem/700S Dubuq ue. doc Aug 06 08 02:59p Moyer & Bergman 3193541760 p~2 ROBERTE.KONCHAR J.SCOTTHOGGUSS PH]LIP D. BROOKS KEVIN J. 'J15SER RANDAL J. SGHOL.R WILLIAM 5. YERNON ERIC W- LAM M[CF~EL MCDONOUGH MARS J.HEKZBERGER 7'HO'dAS D. WOLLE THO.'dAS N. D~BOOM BRIAV J. FAGAN MATTHEW J. ADAM 11/IOYer & ~/ B er man, P.L.C. Attorneys at La~v R06ERT5. HATAI-A CYNTHIA A. SCHERRMAN SUEPPEL AMANDA M. D'AM:CO ABBE M. STENSLAND CHAD W. THOMAS MATTHEW' J. HEKTOEN DAWN ht. GI9SON SARAH E.SWPRTZENDRUB.R STEPHtTI C. NELSON. of co7NSEL LARRY G. GUTZ. OF COJKSEL MA:I"HEW J. KRIG 6AUM. OF CO:fr:SEL WILLIAM A. BERGMAN. a=TtriEc August 6, 2008 ~~'RITER'S E~Z~1L SS>,~art~enJrubediAmoyert+creman. a~rn VIA FACSIMILE Marian Karr, City Clerk City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Dear Ms. Karr: On behalf of my client 6 Corp, I request that the City Council defer the second and third considerations of the Rezoning Application REZ08-00007 for 700 South Dubuque Street until further notice. Thank you in advance for your assistance. Sincerely yours, AN, P.L.C. BERGM R MOY 8 ~ E 4 I ' /~ Q ~ ~~~~ ~ ...C) ~ ~`~ 1 Sarah E. Swartzendrub r SES.jna ~.J cc: 6 Corp. p ,, `S ~ w~ 7 ~~ ff// ~ -- .. . ( ..~ 'L7 j ~ ~o N ~ ~ d` ^ CEDAR RAPIDS OFFICE I COMMERCE EXCHANGE BUILDING 12720 FIRST AVENUE N.E. I CEDAR RAPIDS, IOWA 52402 MAQ..ING ADDRESS: A.O. BOX 1943 I CEDAR RAPIDS, IOWA 5240Fr1943 TELEPHONE: (319) 366.733 t I FACSIMILE; (3 t 9} 366-9668 ^ CORALVILLE / IOWA C(TY OFFICE I CITY CENTER SQUARE I t t OC ~^' STREET SUITE 205 I CCRALVIIE, ICWA 52241 TELEPHONE: 1319) 354' 019 1 FACSIMILE: 3 7 91 3541 780 VJ4VW.MOYERBERG MAN.CON. ROBERT E. KONCHAR J. SCOTT BOGGUSS PHILIP D. BROOKS KEVIN J. VISSER RANDALJ. SCHOLER WILLIAM S. VERNON ERIC W. LAM MICHAEL MODONOUGH MARKJ. HERZBERGER THOMAS D. WOLLE THOMAS N. DEBOOM BRIAN J. FAGAN MATTHEW J. ADAM Mo er & y B er man P.L. g Attorneys at Law ROBERT S. HATALA CYNTHIA A. SCHERRMAN SUEPPEL AMANDA M. D'AMICO ABBE M. STENSLAND CHAD W. THOMAS MATTHEW J. HEKTOEN DAWN M. GIBBON SARAH E. SWARTZENDRUBER STEPHEN C. NELSON, OF COUNSEL LARRY G. GUTZ. OF COUNSEL MATTHEW J. KRIGBAUM, OF COUNSEL WILLIAM A. BERGMAN. RerirzED July 21 , 2005 WRITER'S EMAIL SSwartzendruber c~moyerber~man.com Marian Karr, City Clerk City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Dear Ms. Karr: On behalf of my client 6 Corp, I request that the City Council consider condensing the second and third considerations of the Rezoning Application REZ08-00007 for 700 South Dubuque Street at the next regular City Council Meeting. Please do not hesitate to contact me if you need anything further. Thank you in advance for your assistance. Sincerely yours, MOYER &BERGMAN, P.L.C. Sarah E. Swartzendrub SES:jna cc: 6 Corp ~ G 1~ _ O ~..~ r.' C'J ~; .. _ ~...... ~ i 4 mnm f~T~ ~~ .. ^ CEDAR RAPIDS OFFICE ~ COMMERCE EXCHANGE BUILDING ~ 2720 FIRST AVENUE N.E. ~ CEDAR RAPIDS, IOWA 52402 MAILING ADDRESS: P.O. BOX 1943 I CEDAR RAPIDS, IOWA 52406-1943 TELEPHONE: (319) 366-7331 ~ FACSIMILE: (319) 366-3668 ~ CORALVILLE /IOWA CITY OFFICE ~ CrrY CENTER SQUARE ~ 1 100 5TM STREET SUITE 205 ~ CORALVILLE, IOWA 52241 TELEPHONE: (319) 3541019 I FACSIMILE: (319) 3541760 W W W.MOYERBERGMAN. CO M ? i ~ ~S n ,~- z~ ~;~ ti `~ Prepared by: Doug Ongie, Planning Intern, 410 E. Washington Street, Iowa Ciiy, IA 52240; 319-356-5230 (REZ08-00007) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY .28 ACRES LOCATED AT 700 SOUTH DUBUQUE STREET FROM COMMUNITY COMMERCIAL (CC-2) TO INTENSIVE COMMERCIAL (CI-1 ). (REZ08-00007) WHEREAS, the applicant, 6 Corp, has requested a rezoning of property located at 700 South Dubuque Street from Community Commercial (CC-2) to Intensive Commercial (CI-1 ); and WHEREAS, the Comprehensive Plan indicates that the area as appropriate for intensive commercial development; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of Community Commercial (CC-2) to Intensive Commercial (CI-1 ): Lot Eight in Block Eighteen in that part of Iowa City, Iowa know as the County Seat of Johnson County, Iowa, according to the recorded plat thereof. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION 111. 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 to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owners expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. MAYOR ATTEST: CITY CLERK Appr ed by City Attorney's Office ~ ~ /v Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 7 / Vote for passage: NAYS: Champion Second Consideration Vote for passage: that the Ordinance 15/2008 AYES: O'Donnell, Wilburn, Wright, Bailey, Correia, Hayek. ABSENT: None. Date published .:.~. Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 15, LAND SUBDIVISIONS, BY REPEALING TITLE 15 IN ITS ENTIRETY AND REPLACING IT WITH A NEW TITLE 15, LAND SUBDIVISIONS WHEREAS, the Comprehensive Plan provides a vision for the orderly growth and development of Iowa City's neighborhoods, commercial and industrial districts and public spaces; and WHEREAS, the Comprehensive Plan envisions healthy neighborhoods providing an array of housing options for the city's diverse population, a complete and connected street network, quality public infrastructure, attractive and vibrant commercial districts, economically sound industrial districts, preservation of environmental assets and accessible trails, parks and open space; and WHEREAS, the current Subdivision Code does not contain the tools necessary to implement the vision of the Comprehensive Plan; and WHEREAS, after considerable deliberation and public discussion, the Planning and Zoning Commission has recommended approval of a new Subdivision Code based on the Comprehensive Plan; and WHEREAS, the City Council wishes to update the Subdivision Code to implement the Comprehensive Plan. 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. By repealing TITLE 15, "Land Subdivisions," and substituting in lieu thereof the "TITLE 15, LAND SUBDIVISIONS" attached hereto and incorporated herein by this reference. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of , 20 M `AYp#ta " -'" `"" / / Approved by ATTEST: ZkG's'GGr/L~y ~ .~~.i CITY CLERK ity Attorney's Office Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 7 / 15 / 2008 Vote for passage: AYES: Wilburn, Wright, O'Donnell. NAYS: None. ABSENT: None. Second Consideration 8 / 11 / 2008 Vote for passage: AYES: Champion, Correia, Bailey. NAYS: None. ABSENT: None. Date published that the Ordinance Bailey, Champion, Correia, Hayek, Hayek, O'Donnell, Wilburn, Wright, Title 15 l.a nd Subdivisions Title 15, Land Subdivisions August, 2008 CHAPTER 1. GENERAL SUBDIVISION PROVISIONS 15-1-1 Short Title This Title shall be known as and may be referred to and cited as the Subdivision Code. ~~ This Title is intended to encourage orderly community development and provide for the regulation and control of the extension of public improvements, public services and utilities, the improvement of land and the design of subdivisions consistent with the approved Comprehensive Plan, as amended. 15-1-3 Definitions ALLEY: An open public way intended for use as a means of vehicular access to abutting property. BOUNDARY LINE ADJUSTMENT: The reconfiguration of the boundary line between abutting tracts, lots or parcels that results in conveyance of less than one thousand (1,000) square feet of land. :COMMISSION: The Planning and Zoning Commission of the city. DEFICIENCY: An error on or omission from plat specifications and/or other supporting documents required as part of the subdivision approval process including, but not limited to: • Missing or mislabeled easements; • Inaccurate measurements; • Missing or inaccurate stormwater calculations; • Mislabeled symbol markings in legends; • Inaccurate street cross-sections; • Building lots that do not meet minimum zoning standards; • Or similar. DIVISION: Dividing a tract, lot or parcel of land into two (2) portions by conveyance or for tax purposes. A boundary line adjustment or the conveyance of an easement, other than a public highway easement, shall not be considered a division for the purposes of this Title. LOT: A tract of land represented and identified by number or letter designation on an official plat. OFF-SITE COSTS: The costs incurred by a developer in constructing, improving, or otherwise extending public improvements from existing public improvements through or along property not owned by said developer to the boundaries of property under development and which improvement are capable of serving other properties. Title 15, Land Subdivisions August, 2008 OUTLOT: a portion of a platted subdivision or other parcel of land not intended by its owner for immediate development. An outlot may also be a tract or parcel of land within the subdivision intended for shared use by the residents of the subdivision or by the public, e.g. public or private open spaces and/or walkways. PARCEL: A part of a tract of land. PUBLIC IMPROVEMENTS: The principal structures, works, component parts and accessories of public infrastructure that become part of, are placed upon, or affixed to real estate, including, but not limited to: • Sanitary sewers; • Storm sewers, the lines or pipes and drainage swales; • Bridges and culverts; • Streets, trails, and sidewalks; • Water mains; • Storm water management facilities; • Public open space improvements. STREET, ARTERIAL: A street, the principal function of which is to provide for through traffic and which is designed to carry large volumes of traffic. "Arterial streets," as referenced in this Title, are those streets shown on the Johnson County Council of Governments (JCCOG) Arterial Street Plan, as amended. STREET, COLLECTOR: A street, the principal function of which, is carrying traffic from local streets to arterial streets. STREET, CUL-DE-SAC: A local street terminating in a turnaround. STREET, LOCAL: A street used primarily for access to abutting property and for moving local traffic. STREET, LOOP: A local street with two (2) intersections with another street in an alignment roughly in the shape of a "U." STREET: A public or private street as defined in this Title. STREET, PRIVATE: Aprivately-owned way that is intended to afford a means of access to abutting property and for moving local traffic. STREET, PUBLIC: Aright-of-way dedicated to and accepted for public use, which affords a means of access to abutting property and a means of vehicular travel. A public street is owned or controlled by a government entity. SUBDNISION: Division of a tract, lot or parcel of land into three or more lots. SUBDIVISION PLAT: the graphical representation of a subdivision of land, prepared by a registered land surveyor, having a number or letter designation for each lot within the plat and a succinct name or title that is unique for the county where the land is located. SUBDIVISION PLAT, MA70R: A subdivision plat that involves the construction of one or more new streets, selective access drives or street extensions. Title 15, Land Subdivisions August, 2008 SUBDIVISION PLAT, MINOR: A subdivision plat that does not involve the construction or extension of streets. .~ ~ ~ ~ A. Any plat or replat of a subdivision of land located within the City under the Code of Iowa, as amended, shall be certified as approved by the Mayor and City Clerk and the certification affixed to the plat or replat only after approval by a resolution of the City Council as set forth in this Title. B. Pursuant to section 354.9, Code of Iowa, as amended, all subdivisions located within two (2) miles of the City's corporate boundaries shall be subject to City review and approval, except for those areas exempt from such review pursuant to the Johnson County/ Iowa City Fringe Area Agreement. C. Any division of a tract, lot or parcel shall be administratively reviewed and approved by the City Manager or designee for compliance with the Zoning and Subdivision Codes. Prior to recording, a division shall be certified as approved by the City Manager or designee. • ~ . ~ A. Where a subdivision is required, the City shall not issue a building permit for construction on any lot, parcel or tract unless and until: i. A final subdivision plat has been approved and recorded; and 2. The City approves subdivision erosion control measures in accordance with this Title; and; 3. The City accepts the public improvements as specified herein, with the exception of sidewalks and stormwater management facilities, said exceptions being allowed after building construction has commenced as set forth herein. B. If the subdivider desires a building permit prior to installing the improvements, the owner must deposit with the City Finance Department an escrow equal to the cost of improvements plus 10 percent thereof as specified in paragraph 15-2-3C-9. C. No building permit and no certificate of occupancy shall be issued for any division unless such division has been approved as set forth in this Title. 15-1-6 Development Activity Restricted A. No person, owner or responsible party shall do any grading in any areas as described in Chapter 17-8, Grading Ordinance, without first obtaining a grading permit from the Building Official. B. No person, owner or responsible party shall do any grading in any areas as described in section 17-8-15, Construction Site Erosion and Sediment Control, without first obtaining a Construction Site Runoff (CSR) Permit from the City. C. Unless specifically exempted, an application for Sensitive Areas Review must be submitted to and approved by the City prior to woodland clearing, grading or any development activity on tracts of land or portions of tracts of land where any regulated sensitive Title 15, Land Subdivisions August, 2008 features exist, as specified in Article 14-5I, Sensitive Lands and Features. A Sensitive Areas Review may occur concurrently with Subdivision Review as set forth in this Title. D. No public improvements shall be installed without approval of construction plans by the City Engineer or designee. ~ . ~ A. If the subdivider, its assigns or successors in interest, sell or convey lots in a subdivision without constructing or installing the public improvements, the City shall have the right to install and construct such improvements. The costs of such improvements shall be a lien and charge against all the lots in the subdivision under the provisions of the Code of Iowa, as amended, except the cost of installing sidewalks, which shall be a lien only against the lot or lots abutting or in front of which sidewalks are installed. The cost of such improvements need not meet the requirements of notice, benefit or value as provided by State law for assessing such improvements. The requirement to construct such improvements is and shall remain a lien from the date of final plat approval until properly released by the City. B. When required improvements have been installed to the satisfaction of the City, the City will, upon request, promptly issue to the subdivider, for recording in the County Recorder's office, a good and sufficient release to various lots in such subdivisions so that this Section will not constitute a cloud upon the title of the lots in the subdivision. However, with regard to the subdivider's obligation to construct stormwater management facilities, the provisions of paragraphs 1 and 2, below, apply. i. With respect to a subdivider's obligation to construct stormwater management facilities, the City shall provide a partial release for the development from any liens or clouds on title to the development by reason of such stormwater management obligations, provided the City Engineer certifies that the following conditions and/or events have occurred: a. The facilities have been substantially completed; b. An escrow amount has been established with the City in an amount approved by the City Engineer, to which the City's lien should attach immediately upon execution or recording of the partial release; 2. The City agrees to issue a total release for the facilities upon certification by the City Engineer, in writing, that all of the following events and/or conditions have been substantially completed: a. Permanent ground cover is established and moveable; b. Erosion and sedimentation are controlled in conformance with the approved plans and specifications; c. The facilities are complete; d. All land within the tributary area in the development, or a lesser amount of land as approved by the City Engineer, has been developed. Title 15, Land Subdivisions August, 2008 15-1-8 Exceptions _ A. Modifications of Requirements 1. Upon recommendation of the Planning and Zoning Commission or on its own motion, the City Council may vary, modify or waive the requirements of Chapter 3 of this Title, Subdivision Design and Required Improvements, provided one of the following qualifying circumstances are met: a. If the subdivider can demonstrate that strict compliance with the requirements of Chapter 3 of this Title would result in extraordinary hardship because of excessive costs due to non-self-inflicted conditions; and if the subdivider can demonstrate that strict compliance with the requirements of Chapter 3 of this Title would conflict with the objectives of these subdivision regulations; or b. If a subdivider can demonstrate that strict compliance with the requirements of Chapter 3 of this Title would result in subdivision design that would compromise public health or safety, or could result in the substantial degradation of natural features even after application of appropriate provisions of Article 14-SI, Sensitive Lands and Features. 2. City Council may act to vary, modify or waive a requirement only if it finds that the public safety and interest is protected and that such variance, modification, or waiver will not hinder development of neighboring properties and that the variance, modification or waiver will not nullify the intent or purposes of this Title or of other Titles of the City Code. B. City Council Action The City Council must approve any variance, modification, or waiver of the general requirements set forth in this Title and must note this approval in the resolution approving the final subdivision plat. 15-1-9 Selling Before Approval; Penalties A. Except pursuant to an agreement expressly conditioned on final subdivision approval, it shall be unlawful for any person or persons to agree to transfer or sell or to transfer or sell any land which forms a part of a subdivision requiring City Council approval under this Title before City Council grants final subdivision approval. Each such agreement, transfer or sale shall be deemed a separate violation. B. It shall be unlawful for any person or persons to agree to or attempt to transfer or sell, or to transfer or sell any division which requires approval under this Title without first having obtained approval by the City. Each such attempt, agreement transfer or sale shall be deemed a separate violation. C. In addition to the foregoing, the City may institute injunctive, mandamus or other appropriate action or proceedings to prevent any pending sale or transfer or to prevent any further sale or transfer in violation of this Title. Title 15, Land Subdivisions August, 2008 1 Any violation of this Title shall be considered a simple misdemeanor or Municipal infraction or environmental infraction as provided for in Title 1, Chapter 4 of the City Code and shall be subject to the penalties specified in 1-4-2D, except for environmental infractions, which shall be subject to the penalty for same as specified in 1-4-2B-2, as amended. Each day that a violation occurs and/or is permitted to exist constitutes a separate offense, and civil and/or criminal penalties shall be computed accordingly. Title I5, Land Subdivisions August, 2008 7 CHAPTER 2. PLATS AND PLATTING PROCEDURES 15-2-1 Concept Plan __ A. Applicability Whenever the owner of any tract or parcel of land within the corporate limits of the City or within 2 miles thereof wishes to make a subdivision of the same, the owner or the owner's representative shall submit a concept plan to the Department of Planning and Community Development for review prior to submission of a preliminary plat. B. Submission Requirements The concept plan must include the following information: i. The proposed layout of streets, lots, location of stormwater facilities, and open space. 2. General topography, based on existing topographic maps or other resources. The property is not required to be surveyed at the concept plan stage. 3. Approximate footprints of any existing above-ground man-made features located on the subject property, including buildings and other structures, streets, sidewalks, etc.; 4. Surrounding land uses and approximate location of building footprints on abutting properties; 5. Sensitive features, including streams, wooded areas, known wetlands or potential wetlands, known archeological sites, etc. 6. Other necessary information pertaining to the existing. conditions of the property, as requested by the City. C. Review of concept plan 1. Upon receipt of a concept plan the Department of Planning and Community Development shall review the concept plan in the context of the standards of this Title, other City Code requirements, and Comprehensive Plan policies, and will have the discretion to solicit comments from other city departments. 2. The Department of Planning and Community Development will provide general written comments to the applicant within 20 business days of receipt of the concept plan based on the information submitted by the applicant. These comments are intended to provide guidance to the applicant in preparing the preliminary plat and are not to be construed as comprehensive with regard to compliance with the City Code. 3. The Preliminary Plat shall not be filed until said written comments regarding the concept plan are provided to the applicant. A. Submission Required; Waiver After conferring with the Department of Planning and Community Development on the concept plan, the owner or owner's representative shall submit to the City Clerk Title 15, Land Subdivisions August, 2008 twelve (12) copies of a preliminary plat for consideration. This submission must include accurate and complete information as set forth in subsection 15-2-2B, below. 2. The City Manager or designee(s) will check the application for accuracy and completeness. A "complete application" shall mean the following: a. A plat with accurate measurements and dimensions and easements identified; and b. All information as specified in 15-2-2B, below, has been submitted; 3. The applicant will be notified of deficiencies and/or discrepancies or if an application is incomplete. If an application is found to be incomplete, the City will inform the applicant and reserves the right to discontinue staff review until a complete and accurate application is filed. The start date for any applicable time limitations for the application under review will be the date when a complete application is submitted. 4. The City may waive submission of the preliminary plat if the final plat includes all the requirements of the preliminary plat. B. Plat Specifications and Accompanying Information i. The preliminary plat shall be drawn to the scale of one inch to 50 feet (1" = 50'); however, if the resultant drawing would be larger than 24 inches by 36 inches (24" x ~~ 36"), the plat shall be submitted at a scale of one inch to 100 feet (1 = 100 ). In addition, a digital version of the plat must be submitted as per City specifications. Each plat must include the following information: a. Legal description, acreage and name of proposed subdivision; b. Name(s) and address(es) of owner(s) and subdivider; c. Names of the persons who prepared the plat, owner's attorney, representative or agent, if any, and date of preparation; d. North point and graphic scale; e. Contours at 5-foot intervals or less; f. Locations of existing lot lines, streets, public utilities, water mains, sanitary sewers, storm sewers, drainpipes, culverts, watercourses, bridges, railroads, buildings, storm water detention facilities and any other public improvements in the proposed subdivision. g. The existing streets and City utilities on adjoining properties. h. Layout of proposed blocks (if used) and lots, including the dimensions of each, and the lot and block number in numerical order. For lots where the lot width is different from the lot frontage, the lot width must be indicated on the plat. i. Location of any proposed outlot(s), identified with progressive letter designations, and the purpose of said outlot(s) clearly specified on the plat. j. Proposed location of clustered mailboxes. k. Location and widths, other dimensions and names of the proposed streets, alleys, roads, utility and other easements, parks and other open spaces or reserved areas. Title 15, Land Subdivisions August, 2008 1. Grades of proposed streets and alleys. m. Across-section of the proposed streets showing the roadway locations, the type of curb and gutter, the paving and sidewalks to be installed. n. The proposed layout and size of water mains and sanitary sewers. o. Proposal for drainage of the land, including proposed storm sewers, ditches, swales, bioswales, rain gardens, culverts, bridges, storm water management facilities and other structures. p. A signature block for endorsement by the City Clerk certifying the City Council's approval of the plat. 2. The preliminary plat shall be accompanied by the following information: a. A location map with north point showing an outline of the area to be subdivided. b. A grading plan, including proposed methods for the prevention and control of soil erosion, pursuant to the Grading Ordinance, Chapter 17-8 of the City Code. c. If access to State routes is proposed, the plat must be submitted to the Iowa Department of Transportation for review. Comments from the Iowa Department of Transportation must be submitted with the proposed plat. d. For properties containing regulated sensitive features as specified in Article 14- 5I of the City Code, a Sensitive Areas Development Plan must be submitted as set forth in Article 14-5I. C. Fees A fee shall be paid at the time the preliminary plat or any combination of preliminary plats and/or plans is submitted to the City Clerk, in the amount established by resolution of the City Council. D. Review of Plat; Approval or Disapproval i. Upon filing the preliminary plats as required by this Section, the City Clerk shall forward li copies of the preliminary plat to the Department of Planning and Community Development. 2. The Department of Planning and Community Development shall distribute said copies to the appropriate City Departments for review as designated by the City Manager. 3. Said designee(s) shall examine the plat and application to insure compliance with the requirements of this Title, other relevant provisions of the City Code, Comprehensive Plan policies and with State law. Upon completion of examination, the Department of Planning and Community Development shall forward a written report, including recommendations, to the Planning and Zoning Commission. No plat shall be forwarded to the Planning and Zoning Commission with more than six (6) deficiencies. 4. Following staff evaluation, the owner or owner's representative must submit ten (10) revised copies of the plat for distribution to the Planning and Zoning Commission. 5. The Commission shall study the revised preliminary plat, review the application of the owner and review the report from the Department of Planning and Community Development. Title 15, Land Subdivisions August, 2008 10 6. The Commission shall recommend approval or disapproval of the plat within 45 calendar days of the date the City receives a complete application, or the preliminary plat shall be deemed to be approved by the Commission. The owner or owner's representative may, however, agree to an extension of time. 7. After receipt of the recommendation of the Commission or after the time of any extension has passed, the City Council shall, by resolution, approve or disapprove the preliminary plat. E. Effect of Approval Approval of a preliminary plat by the City Council does not constitute approval of the subdivision but merely authorizes the subdivider to proceed with the preparation of the final plat. In the event the City Council approves the preliminary plat and the final plat submitted does not materially and substantially deviate from the preliminary plat and if inspection by the City reveals that all plans and specifications for construction of improvements, as required by the City, have been met, the final plat shall be approved by the City Council. Approval of the preliminary plat shall be effective for a period of 24 months unless, upon written request of the owner or subdivider, the City Council, by resolution, grants an extension of time. If the final plat is not filed with the City Clerk within 24 months, all previous actions of the City Council with respect to the plat shall be deemed null and void. 15-2-3 Final Plat A. Submission Required i. After approval of a preliminary plat or if the requirement for preliminary plat has been waived by the City Council, the owner or owner's representative shall submit to the City Clerk twelve (12) copies of a final plat for review. Said final plat must be submitted to the City Clerk within 24 months of approval of the preliminary plat, unless an extension has been approved by the City Council. This submission must include accurate and complete information as set forth in 15-2-3B and 15-2-3C, below. 2. The Department of Planning and Community Development will check the application for accuracy and completeness. A "complete application" shall mean the following: a. A final plat with accurate measurements and dimensions, and with easements correctly identified; b. An accurate legal description; c. All required legal documents and accompanying instruments as specified in 15- 2-36 and 15-2-3C, below; d. Construction plans according to the specifications of the City Engineer; 3. The applicant will be notified of deficiencies and/or discrepancies or if an application is incomplete. If an application is found to be incomplete, the City will inform the applicant and reserves the right to discontinue staff review until a complete and accurate application is filed. The start date for any applicable time limitations for the application under review will be the date when a complete application is submitted. Title 15, Land Subdivisions August, 2008 11 4. Upon approval by the City, a final plat may include only a portion of the development illustrated on the preliminary plat if that portion can function as a separate development, including access and utilities, and if no essential public infrastructure extensions are delayed. Whether or not said infrastructure is essential in nature shall be determined by the City. 5. The applicant shall note any variations from the approved preliminary plat. Requests for minor changes that do not constitute substantive changes may be approved administratively without requiring an amendment to the preliminary plat. Substantive changes, including but not limited to the layout and location of streets, lots, and outlots, changes to the proposed uses of the various lots and outlots, and other similar changes that would result in a substantive change to the character of the subdivision may result in the necessity to file an amended preliminary plat. 6. Specifications The final plat shall meet the following specifications: i. The plat shall be drawn to the scale of one inch to 50 feet (1" = 50'); provided, however, if the resultant drawing would be of larger dimension than 24 inches by 36 inches (24" x 36"), the plat shall be submitted at a scale of one inch to 100 feet (1" _ 100'). 2. Twelve (12) prints of the final plat shall be submitted showing the following information: a. Accurate property boundary lines, with dimensions and bearings or angular dimensions, which provide a land survey of the tract, closing with an error of not more than one foot in 10,000 feet. b. Accurate references to known permanent monuments, giving the bearing and distance from some corner of a lot or block in the City to some corner of the congressional division of which the City or the addition thereto is a part. c. Accurate locations of all existing and recorded streets intersecting the property boundaries of the tract. d. Accurate legal description of the property boundaries. e. .Street names and street right-of-way widths. f. Complete curve notes for all curves included in the plat. g. Street center lines with accurate dimensions in feet and one-hundredths of feet with bearings or angular dimensions to street, alley and lot lines. h. Lot numbers and lot line dimensions. For lots where the lot width is different from the lot frontage, the lot width must be indicated on the plat. Block numbers, if used. j. Accurate dimensions for any property to be dedicated or reserved for public, semi-public or community use. k. Location, type, material and size of all markers. 1. Name and street address of the owner and subdivider. Title 15, Land Subdivisions August, 2008 12 m. Name and street address of owner's or subdivider's attorney, name of persons who prepared the plat and the date of preparation. n. North point, scale and date. o. Certification of the accuracy of the plat by a registered land surveyor of the State. p. Location and width of easements for utilities. q. Certification by the utility companies that utility easements are properly placed for the installation of utilities. r. A signature block for endorsement by the City Clerk certifying the City Council's approval of the plat. s. A note on the plat stating, "notes on this plat are not intended to create any vested private interest in any stated use restriction or covenant or create any third party beneficiaries to any noted use restriction or covenant. 3. The applicant shall submit a digital version of the final subdivision plat as part of the application process. Once the plat has been approved by the City Council, a final copy of the digital version of the plat shall be submitted to the City Engineering Department. Said final digital copy shall be compatible with the Johnson County Geographic Information System and City of Iowa City mapping system. Specific formats, procedures, and methods needed to meet this requirement will be updated as changes in technology occur. C. Accompanying Documents The final plat shall also be accompanied by the following documents: 1. Owner's Statement An acknowledged statement from the owner and the owner's spouse, if any, that the subdivision as it appears on the plat is with their free consent and is in accordance with the desires of the proprietor and the proprietor's spouse. This statement may include the dedication to the public. 2. Dedications Dedication of streets and other public property, including perpetual easements for the installation, operation and maintenance of City utilities. 3. Mortgage Holder's or Lienholder's Statement An acknowledged statement from mortgage holders or lienholders that the plat is prepared with their free consent and in accordance with their desire, as well as a release of mortgage for any areas dedicated to the public. 4. Encumbrance Certificates If there is no consent from the mortgage holders or lienholders as specified in 3, above, and if the land being platted is encumbered in the manner set out in the Code of Iowa, as amended, a certificate shall be filed with the County Recorder showing an encumbrance bond in an amount double the amount of the encumbrance and approved by the Recorder and Clerk of the District Court. The bond shall run to the County for the benefit of the purchasers of the land subdivided. 5. Attorney's Opinion An opinion from an attorney at law showing that the fee title is in the owner and that Title 15, Land Subdivisions August, 2008 13 the land platted is free from encumbrance or if encumbered, listing the encumbrances and the bonds securing the encumbrances. 6. Construction Plans A complete set of construction plans for all public improvements, meeting City specifications, must be submitted to the City Engineer's Office. 7. County Treasurer's Certificate A certified statement from the County Treasurer that the land being platted is free from taxes. 8. County Auditor's Certificate A certified statement from the County Auditor approving of the name or title of the subdivision as succinct and unique to Johnson County. 9. Subdivider's Agreement a. An agreement executed by the subdivider which agrees, as a covenant running with the land, that the City shall not issue a building permit for any lot in the subdivision until the subdivider installs the public improvements, except sidewalks, according to plans and specifications approved by the City Engineer and until the City Engineer approves subdivision erosion control measures. If the subdivider desires a building permit prior to installing the improvements, the owner must deposit with the City Finance Department an escrow equal to the cost of improvements plus 10 percent thereof in cash or an irrevocable letter of credit payable to the City in a form approved by the City Attorney. At the City's discretion, this escrow may be divided by the number of lots in the subdivision and collected on a per lot basis prior to the issuance of a building permit. Subdivider must further agree, as a covenant running with the land, that subdivider will install sidewalks abutting each lot in the subdivision as set forth in this Title, that the obligation to install the sidewalks remains a lien on the lots abutting the sidewalk until released by the City and that, in the event subdivider fails to install the sidewalks, the City may install the sidewalks and assess the total cost against the properly without meeting the requirements of notice, benefit or value required by State law for assessing improvements. b. The subdivider's agreement shall state that the subdivider, including its grantees, assignees and successors in interest, agrees that public services, including but not limited to street maintenance, snow and ice removal and solid waste collection, will not be extended to such subdivision until the pavement is completed and accepted by the City Council by resolution. c. The subdivider's agreement shall state: "Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot Title 15, Land Subdivisions August, 2008 14 boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law." d. The subdivider's agreement may include other conditions peculiar to the subdivision as allowed by law. 10. Iowa Department of Transportation Permits Approved IDOT permits must be submitted, if required. D. Review; Approval or Disapproval i. Upon the filing of the final plat as set forth above, the City Clerk shall submit 11 copies of the final plat and the application to the Department of Planning and Community Development. 2. The Department of Planning and Community Development shall distribute said copies to the appropriate City Departments for review as designated by the City Manager; 3. Said designee(s) shall examine the application, the plat, the construction plans, and the legal documents to insure compliance with the requirements of the City Code, State law, and the preliminary plat. 4. The costs of engineering examination of final plat and construction plans shall be paid by the subdivider and shall be the actual costs of the engineering examination and review as incurred by the City. 5. Upon completion of said review staff shall recommend approval or disapproval of the plat within 45 calendar days of the date the City received a complete application, or the final plat shall be deemed to be approved by the staff. The owner or subdivider may, however, agree, in writing, to an extension of time. 6. Following staff evaluation, the owner or owner's representative shall submit a digital version, a transparent reproducible copy and 8 prints of the revised final plat with the signatures of the surveyor and the respective utility companies to the City Clerk. 7. After receipt of the recommendation of the staff or after the time of any extension, the City Council shall, by resolution, approve or disapprove the final plat. The City Council must take action on the final plat within 60 calendar days of submission of a complete application for a final plat to the City Clerk. If the City Council does not approve or disapprove the plat within 60 calendar days, the final plat shall be deemed approved. The owner or subdivider may, however, agree, in writing, to an extension of time. Title 15, Land Subdivisions August, 2008 IS CHAPTER 3. DESIGN STANDARDS AND REQUIRED IMPROVEMENTS A. Design of the subdivision shall comply with the standards of this Chapter, provide for the orderly growth and development of the City, demonstrate consistency with the Iowa City Comprehensive Plan and any specific adopted district plans, and take into consideration the natural features of the site and patterns of adjacent development. B. The subdivider of property shall be responsible for constructing all public improvements associated with the proposed subdivision according to City Code, unless exempted from such requirements according to the provisions herein. C. Public improvements, as defined in this Title, shall be constructed and installed according to the standards established by the City. Copies of said standards are on file in the office of the City Engineer. A. Connectivity of Streets, Sidewalks, and Trails Subdivisions shall provide for continuation and extension of arterial, collector and local streets, sidewalks and trails in accordance with the following standards. i. Arterial streets must be located and extended in general accordance with the JCCOG Arterial Street Plan and Iowa City Comprehensive Plan. 2. All streets, sidewalks, and trails should connect to other streets, sidewalks, and trails within the development, and to the property line to provide for their extension to adjacent properties. Each subdivision must contribute to the larger interconnected street pattern of the City to ensure street connectivity between neighborhoods, multiple travel routes resulting in the diffusion and distribution of traffic, efficient routes for public and emergency services, and to provide direct and continuous vehicular and pedestrian travel routes to neighborhood destinations. 3. The road system shall be designed to permit the safe, efficient, and orderly movement of vehicular and pedestrian traffic; to meet the needs of the present and future population served; to have a simple and logical pattern and allow that pattern to continue through adjacent properties; and to respect natural features and topography. 4. Use of cul-de-sacs and other roadways with a single point of access should be avoided. Cul-de sacs will be considered where it can be clearly demonstrated that environmental constraints, existing development, access limitations along arterial streets, or other unusual features prevent the extension of the street to the property line or to interconnect with other streets within or abutting the subdivision. Title 15, Land Subdivisions August, 2008 16 B. Minimum Access Standards Adequate street access to an area or neighborhood is required as part of subdivision approval or prior to the approval of additional subdivision lots. The standards in this subsection are intended as minimum standards in areas where connectivity is limited by topography, previous development patterns, or other unusual features and shall not be used as a means of circumventing the street connectivity standards set forth in subsection A, above. The following guidelines will be used by the City in determining whether additional street access is a prerequisite to additional lots or developable parcels being approved by the City. i. Additional access may be required if a proposed development will result in any portion of a street that provides a single means of access to an area being overburdened with traffic. Overburdened' shall be defined as a projected volume which exceeds the midpoint design volume as follows: a. Local street: 500 vehicles per day b. Collector street: 2,500 vehicles per day 2. Projected traffic volumes shall be determined by using the most recent Average Daily Traffic count when available, and adding it to projected traffic generation as determined by the City. In the absence of a recent traffic count, projected traffic volumes shall be calculated by using projected traffic generation for both existing and proposed development. 3. Additional means of access may also be required if any of the following conditions exist or will exist if additional lots or developable parcels are approved: a. There are physical features that may increase the probability of blockages along the single means of access to the development. These physical features include but are not limited to: slopes 8% or greater; floodplains as designated by the Federal Emergency Management Agency; a bridged or culverted roadway; trees adjacent to the roadway with trunk diameter greater than four inches; a grade separated highway; or a railroad. b. The existing access is insufficient to provide efficient, safe, and/or cost-effective routes for the provision of public and emergency services for the proposed development. c. The street, which provides a single means of access to the area, is a local or collector street along which there are existing or proposed facilities that may increase the probability of pedestrian-motor vehicle conflicts. These facilities include but are not limited to schools, daycare centers and parks. d. There are land uses located along the subject street that serve special populations, which may increase the volume of emergency vehicle trips. These uses include but are not limited to adult daycares, facilities serving elderly persons, or persons with disabilities. 4. For a situation requiring additional means of access based on the above criteria, a single means of access may be permitted as a temporary condition. A temporary condition is one in which there is secured, written assurance from the private subdivider that the road, which will provide the necessary access, will be constructed within three years of development or, alternatively, said access is scheduled for Title 15, Land Subdivisions August, 2008 17 construction no later than the third year of the then current Capital Improvements Program of the City. C. Street Types Table 15-1, Standards for Street Rights-of-Way, provides a summary of various street types. The information in this table is intended to provide guidance for the design of the street network within a subdivision. When designing a subdivision, street types should be chosen based on the intended function of the street and anticipated level of trafFc. The City will review the proposed streets and determine the appropriate street type based on the factors set forth in this section. D. Dedication of Right-of-Way Land shall be dedicated to the City for all public street rights-of-way within the development and for any public street right-of-way that is needed for streets that abut or will abut the development. Title 15, Land Subdivisions August, 2008 18 Table 15-1: Standards for Street Ri h ts-of-Wa Minimum Pavement width # Travel Parking- Maximum ' . Sidewalk Right-of--way Lanes Grade Width width Residential Alle /Rear Lane 20 ft. 16 ft. 2 No 12% N/A Commercial Alley/Rear Lane 20 ft. minimum 20 ft., varies 2 No 10% N/A / varies Loop Street 100 ft. 22 ft. 1 shared Yes, on one 10% 4 ft. minimum / side residential side of varies; street onl Low volume Cul-de-sac 50 ft. 22 ft. 1 shared Yes, on one 10% 4 ft. both side sides Cul-de=sac ' 60 ft. 26 or 28 ft 2 Yes 10% 5 ft. both sides Local Residential Street 60 ft. 26 or 28 ft. 2 Yes 12% 5 ft. both sides Local CommerciaUlndustrial 60 ft. 28 ft. 2 Yes 8% 5 ft. both sides Street : Collector Street (all land uses)' 66 ft. 31 ft. 2 Yes 10% for 5 ft. both . residential; sides 8 % for commercial or industrial Street wl bike lanes Collector 66 ft. 34 ft. 2 No 8% 5 ft. both . sides 2-lane Arterial Street 100 ft. 31 ft. 2 No 8% 8 ft. one side / 5 ft. minimum one side Arterial Street w/.bike lanes 100 ft. 34 ft. 2 No 8% 8 ft. one side / 5 ft. minimum one side 4-lane Arterial Street 100 ft. 54 ft./ varies 4 No 8% 8 ft. one minimum depending if side / 5 ft. median is included one side Arterial Street w/ parking 100 ft. varies, based on 2 Yes 8% 8 ft. one minimum; more number of lanes side / 5 ft. may be required and whether one side depending on parking is parallel parking or angled. confi uration 3-lane Arterial Street 100 ft. 46 ft., /varies 3 No 8% 8 ft. one minimum depending if side / 5 ft. median is included one side Loop streets provide access for 12 or fewer dwellings. 2 Low volume cul-de-sacs provide access to 10 or fewer single family dwellings For residential streets with less than 28 feet of avement width, arkin is restricted to one side. E. Measurements and Construction Standards All right-of-way improvements must be designed and constructed according to the design and construction standards established by the City. Said standards are on file in the office of the City Engineer. 2. All street widths shall be measured back-of-curb to back-of-curb. 3. The minimum outside radius of the pavement of cul-de-sac bulbs and loop streets is 39 feet. A center median is required at the center of the cul-de-sac bulb with a minimum radius of 11 feet. For loop streets a median is also required with a Title 15, Land Subdivisions August, 2008 19 minimum width of 30 feet. In residential areas, center medians for cul-de-sacs and loop streets are required to be landscaped to at least the S1 standard as described in Article 14-5F, Screening and Buffering Standards. The subdivider's agreement shall designate and set forth procedures for property owners or a homeowner's association to maintain the landscaped area within the center median of loop streets and cul-de- sacs. Said instrument shall provide that if said services are not provided as required therein, the City shall have the right to perform said services, and the cost thereof shall be a lien and charge against all of the subject lots. F. Street Intersections 1. A maximum of four legs are allowed at any one intersection. 2. The distance between street intersections must be at least 125 feet centerline to centerline. 3. Intersections of street center lines shall be between 80~ and 100. 4. Corner lots abutting on an arterial or collector street shall have a minimum radius of fifteen feet (15') at the intersection. 5. Dead end streets and alleys are not permitted except at subdivision boundaries abutting undeveloped areas. In such cases a temporary fire-apparatus accommodating turn-around may be required and, if required, must be constructed to City specifications. G. Traffic Calming Features 1. The street network, block length, and layout of lots should be designed in a manner that discourages speeding traffic and unsafe driving behavior. 2. In order to minimize the potential for speeding traffic and create a safer environment for pedestrians and bicycles, the City may also, in cases where it is warranted, require traffic calming features to be designed into the subdivision. These features may include but are not limited to discontinuous streets, curb extensions, raised crosswalks, medians, or traffic circles. H. Street Names The City reserves the right to deny the use of street names that are not in the public interest. Street names must be consistent with the following standards, unless an exception is approved by the City: 1. In order to ensure safe an efficient provision of public and emergency services, each proposed street name shall be distinct from other street names within the larger metropolitan area; 2. Street names that are overly lengthy, difficult to pronounce, or that may be considered inappropriate or unappealing shall be avoided; 3. For new streets, the following rules apply: a. The term "street," should be used for anon-dead-end roadway aligned in a north-south direction. b. The term "avenue" should be used for anon-dead-end roadway aligned in an east-west direction; Title 15, Land Subdivisions August, 2008 20 c. The term "boulevard," "road," or "drive" may be used for a roadway that is aligned neither in a north-south nor east-west direction, but which changes direction or meanders; d. The terms "lane," "court," or "circle," or "place" should be used for cul-de-sacs or low volume loop streets. 4. Cul-de-sacs or low volume loop streets may use the same name as the roadway with which it intersects. For example, a cul-de-sac that intersects with Rose Avenue may be named "Rose Court." However, if more than one cul-de-sac or loop street intersects with Rose Avenue, an additional "Rose" name may not be used. 5. Similar names may not be used for streets that are in different locations within the city. For example, the name, "Rose Drive," may not be used in one neighborhood, if there is already a "Rose Avenue" in a different neighborhood. I. Private Streets i. Private streets in single family residential areas are not allowed. 2. Requests for private streets in multi-family, commercial, and industrial areas will be considered, provided that connectivity to adjacent properties is not needed and the responsibilities for maintenance, snow removal, garbage service, and street sweeping is clearly established according to the provisions of paragraph 3., below. 3. If private streets are approved, the subdivider must submit a legally binding instrument setting forth the procedures to be followed for maintaining private streets and providing garbage service, snow removal, street sweeping, and for financing these services. Such costs shall be shared by all owners of property located within the subdivision, or designated portion thereof, through the use of an owners association or other entity satisfactory to the City. Said instrument shall provide that if said services are not provided as required therein, the City shall have the right to perform said services, and the cost thereof shall be a lien and charge against all of the owners of lots so designated in the subdivision. ~. Cost sharing for pavement overwidth In the event arterial or collector streets are required in a subdivision, the City shall pay for the excess pavement required over that required fora 28-foot wide local street. The City Engineer shall calculate the excess cost. Such cost-sharing shall be according to the procedure set forth by the City Manager. Any payment for pavement overwidth by the City shall be pursuant to State law. K. Cost sharing for street upgrades 1. At the discretion of the City, subdivisions may be approved that access existing public streets that do not meet City standards, provided the subdivider contributes toward the future reconstruction cost of bringing the segment of the subject street that abuts the subject property to City standards. When determining whether such an approval will be granted, the City will evaluate the street based on factors such as roadway surface, sight distance, anticipated traffic levels, and pedestrian/bicycle facilities. If the City permits a development to access a street that does not meet City standards, the subdivider shall contribute to the cost as follows: Title 15, Land Subdivisions August, 2008 21 a. Local Streets Local streets are streets that serve as access to property and carry insignificant amounts of through traffic. Therefore, the subdivider shall pay 100% of the cost of upgrading a local street to City standards for that segment of the street that abuts the subject property. If the subdivider controls land on only one side of a local street, they will be required to contribute 50% of the cost of upgrading the subject street segment to City standards. The City will expect the subdivider of property on the other side of the street to contribute the other 50% of the costs at such time as that land is subdivided/developed. Costs to reconstruct the street will be determined by the City Engineer. b. Collector Streets Collector streets are streets that collect traffic from a subdivision or neighborhood, and direct it to and from the arterial street. The function of a collector street is 50% access to properly, and 50% through traffic. Therefore, the subdivider will be required to contribute 50% of the cost to upgrade a collector street to City standards for that segment of the street that abuts the subject property, with the City contributing the other 50%. If a subdivider controls land on only one side of the collector street, they will be required to contribute 25% of the total cost for the subject street segment. The City will expect the subdivider on the other side of the collector street to contribute the other 25% of the cost at such time as that land is subdivided/developed. Costs to reconstruct the street to City standards will be determined by the City Engineer. c. Arterial Streets Arterial streets have the primary function of carrying traffic through and between neighborhoods. The function of an arterial street is 25% access to property, and 75% through traffic. Therefore, the subdivider will be required to contribute 25% of the cost to upgrade an arterial street to City standards for that segment of the street that abuts the subject property, with the City contributing the other 75%. If a subdivider controls land on only one side of the arterial street, they will be required to contribute 12.5% of the total cost of the subject street segment. The City will expect the subdivider on the other side of the arterial street to contribute the other 12.5% of the cost at such time as that land is subdivided/developed. Costs to reconstruct the street to City standards will be determined by the City Engineer. Public sidewalks, trails, and pedestrian connections shall be constructed in the public right-of- way according to the following standards: A. Sidewalks, trails, and pedestrian connections shall be constructed according to City standards. Said standards are on file in the Office of the City Engineer. B. Five-foot-wide concrete sidewalks must be constructed along both sides of all local and collector streets, except for connections to existing sidewalks as provided in subsection D, below. For low volume and loop streets, as described in Table 15-1, the required sidewalk width may be reduced to four feet. Title 15, Land Subdivisions August, 2008 22 C. Along arterial streets, afive-foot sidewalk is required on one side of the street and an 8- foot sidewalk on the other side, except as allowed in subsection D, below. The City will determine on which side of the street the 8-foot sidewalk will be placed. When an 8-foot sidewalk is required, the City, at its discretion, will either pay for the excess pavement required for the developer to install an 8-foot sidewalk rather than 5-foot sidewalk, or collect the estimated cost of the 5-foot sidewalk from the developer and apply said cost to construction of an 8-foot sidewalk by the City. Any payment of excess pavement costs by the City shall be pursuant to State law. D. In cases where the proposed sidewalk provides a connection between existing sidewalks that are less than the required width, the proposed sidewalk may be constructed to match the width of the adjacent sidewalks. However, this modification is not allowed in cases where one end of the proposed sidewalk will provide a connection to future sidewalks for new development. In such a case, the sidewalk should be tapered to provide a transition between differing sidewalk widths. The City will determine where along the street the transition should occur. E. All sidewalks and trails must connect to other sidewalks and trails within the development and to the property line to provide for their extension to adjacent properties. F. The subdivider will be responsible for the construction of a public sidewalk along the frontage of private open space, public open space required to be dedicated to the City according to the Article 14-5K, Neighborhood Open Space Requirements, and along the frontage of other outlots as necessary for a continuous sidewalk system to be created. G. In residential subdivisions, blocks longer than 600 feet must have mid-block pedestrian connections between adjacent streets, unless said connection is deemed to be unnecessary and is waived by the City. At the time of subdivision, these connections must be platted as minimum 15-foot-wide easements; if the connecting sidewalk is greater than 5 feet in width, the easement must be at least 20-feet wide. Within this easement a sidewalk must be constructed to City standards that is equal in width to the sidewalks to which it provides a connection. If the mid-block sidewalk connects to sidewalks of two different widths, the mid-block sidewalk must be equal in width to the wider sidewalk. The area and sidewalk within the pedestrian easement must be maintained by adjacent property owners according to the subdivider's agreement in a manner similar to maintenance requirements for public sidewalks. H. Where a trail extension, as identified in the Comprehensive Plan or an adopted trails plan, is located on the subject property, the City may require an easement or alternatively, may require dedication of an outlot for the trail. Construction of the trail or portion of a trail may also be required in instances where said trail or portion of a trail primarily serves the needs of the proposed subdivision/development. In this situation, the trail will be treated as a public improvement. Dedication of land for a trail extension shall count toward the open space requirement for the development, provided said land is consistent with the standards for open space as set forth in Article 14-5K of the City Code and provided said land dedication is acceptable to the City. Title I5, Land Subdivisions August, 2008 23 15-3-4 Layout of Blocks and Lots A. Blocks 1. Blocks should be limited in size and be laid out in a pattern that ensures the connectivity of streets, provides for efficient provision of public and safety services, and establishes efficient and logical routes between residences and non-residential destinations and public gathering places. 2. To provide multiple travel routes within and between neighborhoods, block faces along local and collector streets should range between 300 and 600 feet in length and for residential subdivisions have a width sufficient to accommodate two tiers of lots. Longer block faces may be allowed in cases of large lot commercial, industrial, or rural residential development, or where topography, water features, or existing development prevents shorter block lengths, although mid-block pedestrian connections may be required (See Section 15-3-3, above). Block faces are measured from centerline to centerline. 3. Block faces along arterial streets should be at least 600 feet in length. Intersecting collector streets should be spaced in a manner that provides adequate connectivity between neighborhoods, but also maintains the capacity of the street for the safe and efficient movement of traffic. Longer block faces may be required along high capacity or higher speed arterial streets where the interests in moving traffic outweigh the connectivity between areas of development. The City may approve shorter block faces in high density commercial areas or other areas with high pedestrian counts. 4. Cul-de-sacs may not exceed 900 feet in length. The length of a cul-de-sac is measured from the center line of the street from which it commences to the center of the bulb. B. Lots 1. Lots must be platted in a manner that will allow development that meets all requirements of Title 14: Zoning. Lots must be of sufficient size to accommodate an adequate buildable area and area for required setbacks, off-street parking, and service facilities required by the type of use and development anticipated. 2. Lots with multiple frontages must be platted large enough to accommodate front setback requirements along street-side lot lines. 3. If a properly with frontage along an arterial street is proposed to be subdivided, developed or redeveloped for any Multi-Family, Group Living, Commercial, Institutional or Industrial Use, across-access easement must be provided by the property owner to all adjoining properties that front on the same arterial street that are or may be developed as Multi-Family, Group Living, Commercial, Institutional Use, or Industrial Uses according to the cross access standards set forth in section 14-5C-7 of the City Code. 4. In residential areas, double- and triple-frontage lots shall be avoided. Where such lots are necessary to overcome specific disadvantages of topography, land features, or access restrictions, the following standards apply: Title I5, Land Subdivisions August, 2008 24 a. Lots with multiple frontages shall be 125% of the required lot area for the zone in which the lot is located. The additional required lot area shall be used to increase the depth of the lot between street frontages. Corner lots with only two frontages are exempt from this requirement, however, said corner lots should be platted with enough land area to accommodate the required front setback area along both frontages. b. Double and triple frontage lots where dwellings will have side or rear building facades oriented toward an arterial street shall provide a minimum 20-foot wide landscaped buffer area along the arterial street frontage. The buffer area shall be planted with a mixture of coniferous and deciduous vegetation approved by the City Forester. The vegetation shall be required along with other public improvements for the property. Lots where dwellings will have front building facades oriented toward an arterial street are exempt from this requirement. If a buffer area was required during subdivision, no solid fences will be allowed within this buffer area. This restriction must be noted in the subdivider's agreement and on the plat. On corner lots, the landscaping within the buffer must be planted and maintained to comply with intersection visibility standards. 5. Side lot lines shall approximate right angles to straight street lines or be approximately radial to curved street lines, except where a variation will provide a better street and lot layout. For purposes of this subsection, "approximate right angles" means angles between 80° and 100. 6. Residential lots shall not be designed with irregular shapes such as a flag or panhandle shape where the structure on the lot may be hidden from the street behind another structure. 7. In residential subdivisions, lots must be arranged to allow easy access to public open space. The subdivision layout should be designed so that the location and access to public open space is readily apparent to the public. Subdivision layouts where public open space is surrounded by private lots that back up to the public open space are discouraged. Techniques, such as single-loaded streets along park edges or along segments of park edges and well-marked trail easements are to be utilized to satisfy this requirement. C. Provisions to Minimize the Effect of Highway Noise Subdivisions adjacent to or within 300 feet of the Interstate 80 and/or the Highway 218 rights of way shall comply with the following provisions, intended to reduce the effect of highway noise on residential areas. i. Any portion of a residential lot that is within 300 feet of the Interstate 80 or Highway 218 right-of-way shall be identified as a noise buffer, and no residential structure will be permitted within this 300-foot buffer area. The buffer area shall be planted with a mixture of coniferous and deciduous vegetation approved by the City Forester. The vegetation shall be required along with other public improvements for the property. Existing trees and vegetation may be used to comply with this requirement as approved by the City Forester. Accessory structures and yards are permitted within the 300-foot buffer area provided the required vegetative buffer is maintained. 2. The 300-foot buffer for residential structures may be reduced with approval by the City if the subdivider constructs an earthen berm, decorative wall, or other similar Title 15, Land Subdivisions August, 2008 25 structure and demonstrates that the highway noise just outside the proposed residential structures will be no more than 60 dBA. The 300-foot buffer for residential structures may also be reduced with approval by the City if the subdivider demonstrates that existing topography results in highway noise being no more than 60 dBA just outside the proposed residential structures. 15-3-5 Neighborhood Open Space Requirements A. Intent and Purpose The Neighborhood Open Space Requirements are intended to ensure provision of adequate usable neighborhood open space, parks and recreation facilities in a manner that is consistent with the Neighborhood Open Space Plan, as amended, by using a fair and reasonably calculable method to equitably apportion the costs of acquiring and/or developing land for those purposes. Active, usable neighborhood open space includes pedestrian/bicycle trails preferably located within natural greenway systems, and also includes neighborhood parks that serve nearby residents. Portions of community parks may be adapted for neighborhood use, but this Chapter is not intended to fund the acquisition of community parks or large playing fields for organized sports. 6. Dedication of Land or Payment of Fees In Lieu of Land Required As a condition of approval for residential subdivisions and commercial subdivisions containing residential uses, the applicant shall dedicate land or pay a fee in lieu of land, or a combination thereof, for park, greenway, recreational and open space purposes, as determined by the City and in accordance with the provisions of Article 14-5K, Neighborhood Open Space Requirements ~ ~ ~ ~ ~ ~ A. Extension of energy distribution lines and communication distribution systems necessary to furnish permanent electric service and communication system service to new development within a new subdivision shall be made underground from existing systems according to the provisions set forth in Chapter 16-2, Public Utilities and Use of City Right of Way. B. The applicant shall provide all easements necessary for access to street lights, to allow energy and communication system services for the subdivision, and the easements shall be included as part of the plat of the subdivision. C. In new subdivisions, the electric public utility company shall provide underground wiring to the pole sites for appropriate street lights as determine by the City Manager or designee. A. The subdivider shall provide a complete sanitary sewer system, including stubs, for each lot which shall connect with a sanitary sewer outlet approved by the City Engineer as set forth in Chapter 16-3, City Utilities. The sanitary sewer in each defined drainage area shall extend to the subdivision boundaries and beyond, as necessary to provide for the extension of the sanitary sewer to adjacent property, as determined by the City. Title 15, Land Subdivisions August, 2008 26 B. Project specific tap-on fees may apply as set forth in Section 16-3B, Project Specific Tap- On Fees. C. If City requires a sanitary sewer to be greater in size than that needed to service the subdivision itself, the City may share in the expense thereof on a pro rata basis. Such cost- sharing shall be according to the procedure set forth by the City Manager. Any payment of excess costs by the City shall be pursuant to State law. The developer shall provide the subdivision with adequate drains, ditches, culverts, complete bridges, storm sewers, intakes and manholes to provide for the collection, management, and removal of all surface waters as set forth in Section 16-3G, Storm Water Collection, Discharge, and Runoff. These improvements shall extend to the boundaries of the subdivision and beyond, as necessary to provide for extension by adjoining properties, as determined by the City. A. The developer shall provide the subdivision with a complete water main supply system as set forth in Chapter 16-3, City Utilities, including hydrants, valves and all other appurtenances, which shall be extended into and through the subdivision to the boundary lines and beyond as may be necessary to provide for extension by adjoining properties, as determined by the City. The system shall provide for a water connection for lots and shall be connected to the City water system. B. If City requires a water main to be greater in size than that needed to service the subdivision itself, the City may share in the expense thereof on a pro rata basis. Such cost- sharing shall be according to the procedure set forth by the City Manager. Any payment of excess costs by the City shall be pursuant to State law. ~ ~~ A. All new residential or commercial developments platted after (the effective date of these regulations) that receive curbside delivery of mail shall have clustered mailboxes, unless an exception is approved by the United States Postal Service. The location of mailbox clusters shall be noted on the plat. B. Mailbox clusters serving residential developments shall be conveniently located for residents. To that end, mailbox clusters should be located within one block or approximately 600 feet walking distance (whichever is less) from any residential property served by said mailbox cluster. Adjustments to this distance criteria may be approved when there are not enough lots within one block or 600 feet to form a cluster. Mailboxes should be located in a manner that provides safe access for residents, e.g. does not require residents to cross heavily trafficked streets, etc. Driveways shall be allowed no closer than 12 feet from the location of a clustered mailbox as measured along the curb line of the fronting street. Mailboxes must be located in a manner that will not violate the City's intersection visibility standards. Locations and design must be approved by the City and the United States Postal Service. Depending on the size and location of the clustered mailbox, the City may require a vehicular pull-over lane built to City specifications. Title 15, Land Subdivisions August, 2008 27 C. Mailbox clusters shall be located on a concrete pad built to City specifications. To provide for pedestrian access, a 5-foot-wide concrete sidewalk shall be provided from the mailbox cluster to the adjacent public street and sidewalk. An accessible route shall be provided according to ADA Standards for Accessible Design. The cost of installation, including but not limited to box units and concrete pad and sidewalk access shall be borne by the developer, and subsequent maintenance shall be carried out by the United States Postal Service. An iron rod meeting specifications of State Code shall be placed as follows: A. At the intersection of all lines forming angles in the boundary of the subdivision. B. At block and lot corners and changes in direction of block and lot boundaries. C. At the beginning and ending points of curves and at lot lines intersecting the curves. ~- ~ A. The type of construction, the materials, the methods and standards of subdivision improvements shall be according to City standards. Said standards are on file in the office of the City Engineer. B. Construction plans and specifications, including plans for subdivision erosion control measures, shall be submitted to the City Engineer for approval prior to construction. Construction shall not commence until the City Engineer approves the plans and specifications. C. If the infrastructure and/or grading cannot be designed to comply with City standards a new preliminary plat may be required at the discretion of the City. D. Record of Construction drawings must be submitted in hard copy and in digital form before public improvements will be accepted by the City. ~- A. The City Engineer or designee shall inspect the installation of all public improvements in new subdivisions to insure compliance with the requirements. B. The subdivider shall bear the cost of such inspection, which shall be the actual cost of the inspection by the City. C. Grading shall be inspected and certified by the developer's engineer. 15-3-14 Off-Site Costs for Public Improvements A. From time to time off-site public improvements are necessary to enable the subdivision and development of a property. At such times, the subdivider shall be responsible for the extension of infrastructure. If said infrastructure or certain aspects of said infrastructure is included in the City's Capital Improvements Program in a year coincident with the Title 15, Land Subdivisions August, 2008 28 development proposal, the City may, at the City's discretion, assume responsibility for the extension of the subject infrastructure. B. Off-site improvements shall be designed and constructed according to plans and specifications approved by the City Engineer and shall be of sufficient size and capacity to serve the full area capable of being served by the type of improvement so that the City will not be required to construct parallel or duplicate facilities. If said infrastructure is greater in size than that needed to service the subdivision itself, the City, at its discretion, may share in the expense thereof. Such cost-sharing shall be according to the procedure set forth by the City Manager. Any payment of excess costs by the City shall be pursuant to State law. Title 15, Land Subdivisions August, 2008 29 ~G Planning and Zoning Commission Recommended Draft May I5, 2008 CHAPTER 1. GENERAL SUBDIVISION PROVISIONS This Title shall be known as and may be referred to and cited as the Subdivision Code. This Title is intend to encourage orderly community Bevel pment and provide for the regulation and contr of the extension of public improveme ts, public services and utilities, the improvement of land a d the design of subdivisions consist nt with the approved Comprehensive Plan, as mended. ALLEY: An open public w intended for use as means of vehicular access to abutting property. BOUNDARY LINE AD7UST NT: The reco figuration of the boundary line between abutting tracts, lots or part s that resul in conveyance of less than one thousand (1,000) square feet of land. COMMISSION: The Planning and Z ing mmission of the city. DEFICIENCY: An error on or omission ro plat specifications and/or other supporting documents required as part of the s division approval process including, but not limited to: • Missing or mislabeled easem • Inaccurate measurements; • Missing or inaccurate • Mislabeled symbol m. • Inaccurate street cro • Building lots that do i • Or similar. DIVISION: Dividing a tract, for tax purposes. A boy other than a public hig purposes of this Title. LOT: A tract of land repr ei official plat. calcul in legends; meet minimum zoning`~tandards; or parcel of land into two ary line adjustment or the y easement, shall not be c portions by conveyance or ~~((eyance of an easement, d+ered a division for the and identified by number or designation on an OFF-SITE COSTS: Th costs incurred by a developer in constructingr. improving, or otherwise extend' g public improvements from existing public improvements through or along prope not owned by said developer to the boundaries of property under development and which improvement are capable of serving other properties. Planning and Zoning Commission Recommended Draft May 1 S, 2008 OUTLOT: a portion of a platted subdivision or other parcel of land not intended by its owner for immediate development. An outlot may also be a tract or parcel of land within the subdivision intended for shared use by the residents of the subdivision or by the public, e.g. public or private open spaces and/or walkways. PARCEL: A part of a tract of land. PUBLIC IMPROVEMENTS: The principal structures, wo ,component parts and acc ssories of public infrastructure that become part of, are placed upon, or affixed to re~estate, including, but not limited to: • Sanitaly sewers; • Storm seloiers, the lines or pipes and drainage s~lvales; • Bridges a • Streets, trails, • Water mains; Iverts; end sidewalks; • Storm water management facilities; • Public open space i STREET, ARTERIAL: A street, a principal fu ion of which is to provide for through traffic and which is designed carry larg volumes of traffic. "Arterial streets," as referenced in this Title, are tho a streets hown on the Johnson County Council of Governments (JCCOG) Arterial S eet PI , as amended. STREET, COLLECTOR: A street, the pr ci I function of which, is carrying traffic from local streets to arterial streets. STREET, CUL-DE-SAC: A local street ter i ating in a turnaround. STREET, LOCAL: A street used primaril for a cess to abutting property and for moving local traffic. STREET, LOOP: A local street with o (2) interse ions with another street in an alignment roughly in the shape a "U." STREET: A public or private street defined in this Ti e. STREET, PRIVATE: Aprivately-o~ned way that is intended to afford a means of access to abutting property and for oving local traffic. °,~ STREET, PUBLIC: Aright-of-wa dedicated to and accepted r public use, which affords a means of access to abutt' g properly and a means of ve 'cular travel. A public street is owned or control) d by a government entity. `~ SUBDIVISION: Division of tract, lot or parcel of land into three more lots. SUBDIVISION PLAT: the aphical representation of a subdivision o and, prepared by a registered land surv or, having a number or letter designation f each lot within the plat and a succin name or title that is unique for the county wh re the land is located. SUBDIVISION PLAT, MA70R: A subdivision plat that involves the construction of one or more new streets, selective access drives or street extensions. Planning and Zoning Commission Recommended Draft May I5, 2008 SUBDIVISION PLAT, MINOR: A subdivision plat that does not involve the construction or extension of streets. ,~ ~ ~ ~ A. Any plat or replat of a subdivision of land located within the City under the Code of Iowa, as amended, shall be certified as approved by the Mayor and City Clerk and the certification a axed to the plat or replat only after approval by a resolution of the City Council as set rth in this Title. 'I B. Pursuant to secti 354.9, Code of Iowa, as amended, II subdivisions located within two (2) miles of the Ci 's corporate boundaries shall be su ject to City review and approval, except for those are s exempt from such review purs nt to the Johnson County/ Iowa City Fringe Area Agre ent. C. Any division of a tract, I t or parcel shall be administ atively reviewed and approved by the City Manager or designee or compliance with the Z Wing and Subdivision Codes. Prior to recording, a division shall certified as approved y the City Manager or designee. A. Where a subdivision is required, e City shall of issue a building permit for construction on any lot, parcel or tract unless a until: i. A final subdivision plat has been` 2. The City approves subdivision er and; 3. The City accepts the public impr sidewalks and stormwater mana building construction has comma and recorded; and measures in accordance with this Title; nts as specified herein, with the exception of i facilities, said exceptions being allowed after as et forth herein. B. If the subdivider desires a building p mit prior installing the improvements, the owner must deposit with the City Finance partment a escrow equal to the cost of improvements plus 10 percent ther of as specified paragraph 15-2-3C-9. C. No building permit and no certific e of occupancy sh II be issued for any division unless such division has been approved s set forth in this Ti A. No person, owner or respon ble party shall do any grading any areas as described in Chapter 17-8, Grading Ordi ance, without first obtaining a gr ding permit from the Building Official. B. No person, owner or resp nsible party shall do any grading in a~y areas as described in section 17-8-15, Constr ion Site Erosion and Sediment Control, without first obtaining a Construction Site Runo; (CSR) Permit from the City. C. Unless specifically exempted, an application for Sensitive Areas Review must be submitted to and approved by the City prior to woodland clearing, grading or any development activity on tracts of land or portions of tracts of land where any regulated sensitive Planning and Zoning Commission Recommended Draft May 15, 2008 features exist, as specified in Article 14-5I, Sensitive Lands and Features. A Sensitive Areas Review may occur concurrently with Subdivision Review as set forth in this Title. D. No public improvements shall be installed without approval of construction plans by the City Engineer or designee. _ A. If the su divider, its assigns or successors in interest, s I or convey lots in a subdivision without co strutting or installing the public improvem ts, the City shall have the right to install and c struct such improvements. The costs such improvements shall be a lien and charge ag inst all the lots in the subdivision and r the provisions of the Code of Iowa, as amended, ex pt the cost of installing sidewalks which shall be a lien only against the lot or lots abutting r in front of which sidewalks a e installed. The cost of such improvements need of meet the requirements of notice, benefit or value as provided by State law for assessin such improvements. Th requirement to construct such improvements is and sh I remain a lien from th date of final plat approval until properly released by the City. B. When required improvemen have been inst Iled to the satisfaction of the City, the City will, upon request, promptly is a to the su ivider, for recording in the County Recorder's office, a good and sufficient rele se to vari slots in such subdivisions so that this Section will not constitute a cloud upon th title of he lots in the subdivision. However, with regard to the subdivider's obligatio to co struct stormwater management facilities, the provisions of paragraphs 1 and 2, bel w, apply. 1. With respect to a subdivider's obli tion to construct stormwater management facilities, the City shall provide a a 'al release for the development from any liens or clouds on title to the developme t by ason of such stormwater management obligations, provided the City gineer rtifies that the following conditions and/or events have occurred: a. The facilities have been substantially c pleted; b. An escrow amount ha been established ith the City in an amount approved by the City Engineer, to hich the City's lien s ould attach immediately upon execution or recordi g of the partial release; 2. The City agrees to issue total release for the faciliti s upon certification by the City Engineer, in writing, th all of the following events an or conditions have been substantially complete a. Permanent grou d cover is established and moveable, b. Erosion and se mentation are controlled in conformanc with the approved plans and spec' ications; c. The facilities a e complete; d. All land within the tributary area in the development, or a lesser amount of land as approved;{~y the City Engineer, has been developed. Planning and Zoning Commission Recommended Draft May 1 S, 2008 -. • A. Modifications of Requirements 1. Upon recommendation of the Planning and Zoning Commission or on its own motion, the City Council may vary, modify or waive the require nts of Chapter 3 of this Title, Subdivision Design and Required Improvements, p vided one of the following qualifying circumstances are met: a. If t subdivider can demonstrate that strict com lance with the requirements of C pter 3 of this Title would result in extraord' ary hardship because of exces 've costs due to non-self-inflicted conditi s; and if the subdivider can demon rate that strict compliance with the re uirements of Chapter 3 of this Title wo d conflict with the objectives of th subdivision regulations; or b. If a subdi er can demonstrate that strict c pliance with the requirements of Chapter 3 o this Title would result in subdi sion design that would compromise public health r safety, or could result in t substantial degradation of natural features even fter application of appropr' to provisions of Article 14-5I, Sensitive Lands nd Features. 2. City Council may act to ary, modify or waiv a requirement only if it finds that the public safety and interes is protected and at such variance, modification, or waiver will not hinder developme t of neighborin properties and that the variance, modification or waiver will t nullify the ' tent or purposes of this Title or of other Titles of the City Code. B. City Council Action The City Council must approve any v ianc ,modification, or waiver of the general requirements set forth in this Title and t note this approval in the resolution approving the final subdivision plat. A. Except pursuant to an agreement a ressly co itioned on final subdivision approval, it shall be unlawful for any person or ersons to ag ee to transfer or sell or to transfer or sell any land which forms a part of a bdivision requi ' g City Council approval under this Title before City Council grants fi al subdivision app val. Each such agreement, transfer or sale shall be deemed a separ to violation. B. It shall be unlawful for any p son or persons to agree or attempt to transfer or sell, or to transfer or sell any divisio which requires approval un er this Title without first having obtained approval by the Ci .Each such attempt, agreem nt transfer or sale shall be deemed a separate violati C. In addition to the forego' g, the City may institute injunctive, mandamus or other appropriate action or pr ceedings to prevent any pending sale o transfer or to prevent any further sale or tra fer in violation of this Title. Planning and Zoning Commission Recommended Draft May I5, 2008 Any violatio of this Title shall be considered a simple misder environmenta infraction as provided for in Title 1, Chapter 4 subject to the p nalties specified in 1-4-2D, except for envir subject to the pe Ity for same as specified in 1-4-2B-2, a a occurs and/or is pe fitted to exist constitutes a separat offs penalties shall be co uted accordingly. nea or or Municipal infraction or o the City Code and shall be mental infractions, which shall be mended. Each day that a violation Anse, and civil and/or criminal 6 Planning and Zoning Commission Recommended Draft May I5, 2008 CHAPTER 2. PLATS AND PLATTING PROCEDURES A. Applicab' ity Whenever a owner of any tract or parcel of land within the cor orate limits of the City or within 2 mile thereof wishes to make a subdivision of the sam ,the owner or the owner's representative all submit a concept plan to the Department f Planning and Community Development for view prior to submission of a preliminary lat. B. Submission Requi menu The concept plan mus 'nclude the following informatio . i. The proposed layou of streets, lots, location of ormwater facilities, and open space. 2. General topography, b sed on existing topogra hit maps or other resources. The property is not required be surveyed at the oncept plan stage. 3. Approximate footprints of y existing abov ground man-made features located on the subject property, include buildings an other structures, streets, sidewalks, etc.; 4. Surrounding land uses and ap oximate I ation of building footprints on abutting properties; 5. Sensitive features, including strea s, oded areas, known wetlands or potential wetlands, known archeological sites, a c. 6. Other necessary information pertaini to the existing conditions of the property, as requested by the City. C. Review of concept plan i. Upon receipt of a concept plan t e Departm t of Planning and Community Development shall review the ncept plan in a context of the standards of this Title, other City Code require ents, and Compr hensive Plan policies, and will have the discretion to solicit tom ents from other city epartments. 2. The Department of Planni and Community Devel ment will provide general written comments to the pplicant within 20 busines days of receipt of the concept plan based on the infor ation submitted by the applic nt. These comments are intended to provide gu' ante to the applicant in prepare g the preliminary plat and are not to be constru as comprehensive with regard to compliance with the City Code. 3. The Preliminary PI shall not be filed until said written tom nts regarding the concept plan are ovided to the applicant. A. Submission Requ~i'ed; Waiver 1. After conferrifig with the Department of Planning and Community Development on the concept plan, the owner or owner's representative shall submit to the City Clerk Planning and Zoning Commission Recommended Draft May 15, 2008 twelve (12) copies of a preliminary plat for consideration. This submission must include accurate and complete information as set forth in subsection 15-2-2B, below. 2. The City Manager or designee(s) will check the application for accuracy and completeness. A "complete application" shall mean the following: a. A plat with accurate measurements and dimensions and easements identified; and b. All information as specified in 15-2-2B, below, h s been submitted; 3. a applicant will be notified of deficiencies and/or iscrepancies or if an application is i omplete. If an application is found to be into plete, the City will inform the appli nt and reserves the right to discontinue st review until a complete and accurst application is filed. The start date fora applicable time limitations for the applicatio under review will be the date when complete application is submitted. B. 4. The City ma waive submission of the prelimi ry plat if the final plat includes all the requirements the preliminary plat. Plat Specifications d Accompanying Info ation i. The preliminary pla shall be drawn to the tale of one inch to 50 feet (1" = 50'); however, if the result nt drawing would larger than 24 inches by 36 inches (24" x 36"), the plat shall be s bmitted at a sc a of one inch to 100 feet (1" = 100'). In addition, a digital version f the plat m st be submitted as per City specifications. Each plat must include the ollowing i ormation: a. Legal description, acres and me of proposed subdivision; b. Name(s) and address(es) o Her(s) and subdivider; c. Names of the persons whop pared the plat, owner's attorney, representative or agent, if any, and date of p aration; d. North point and graphic sc le; e. Contours at 5-foot interv s or less; f. Locations of existing lot fines, streets, ublic utilities, water mains, sanitary sewers, storm sewers, rainpipes, culve ,watercourses, bridges, railroads, buildings, storm Ovate detention facilities nd any other public improvements in the proposed subdivi ion. g. The existing streets nd City utilities on adjoin' g properties. h. Layout of propose blocks (if used) and lots, inc ding the dimensions of each, and the lot and b ock number in numerical order. r lots where the lot width is different from t lot frontage, the lot width must b indicated on the plat. i. Location of any proposed outlot(s), identified with pro essive letter designations, nd the purpose of said outlot(s) clearly s cified on the plat. j. Proposed lot tion of clustered mailboxes. k. Location a widths, other dimensions and names of the proposed streets, alleys, ro s, utility and other easements, parks and other open spaces or reserved areas. s Planning and Zoning Commission Recommended Draft May I5, 2008 Grades of proposed streets and alleys. m. Across-section of the proposed streets showing the roadway locations, the type of curb and gutter, the paving and sidewalks to be installed. n. The proposed layout and size of water mains and sanitary sewers. o. Proposal for drainage of the land, including prop sed storm sewers, ditches, swales, bioswales, rain gardens, culverts, bridg ,storm water management facilities and other structures. p. A ignature block for endorsement by the City Clerk certifying the City Council's ap oval of the plat. 2. The prelim ary plat shall be accompanied by th following information: a. A locati n map with north point showing outline of the area to be subdivided. b. A grading Ian, including proposed meth ds for the prevention and control of soil erosion, pursuant to the Grading Or finance, Chapter 17-8 of the City Code. c. If access to S to routes is proposed, a plat must be submitted to the Iowa Department of ransportation for rev ew. Comments from the Iowa Department of Transportation ust be submitte with the proposed plat. d. For properties cont 'Wing regulate sensitive features as specified in Article 14- 5I of the City Code, a ensitive A eas Development Plan must be submitted as set forth in Article 14- C. Fees A fee shall be paid at the time the pre ' inary plat or any combination of preliminary plats and/or plans is submitted to the City k, in the amount established by resolution of the City Council. D. Review of Plat; Approval or 1. Upon filing the preliminary p is as requi d by this Section, the City Clerk shall forward 11 copies of the pr liminary plat t the Department of Planning and Community Development. 2. The Department of Plan ng and Community evelopment shall distribute said copies to the appropriate City epartments for review s designated by the City Manager. 3. Said designee(s) shall xamine the plat and appli ation to insure compliance with the requirements of this itle, other relevant provision of the City Code, Comprehensive Plan policies and wi State law. Upon completion o examination, the Department of Planning and Com unity Development shall forward written report, including recommendations, to the Planning and Zoning Commis ion. No plat shall be forwarded to the tanning and Zoning Commission with ore than six (6) deficiencies. 4. Following staff aluation, the owner or owner's representa ve must submit ten (10) revised copies the plat for distribution to the Planning and Zoning Commission. 5. The Commissi n shall study the revised preliminary plat, review the application of the owner and review the report from the Department of Planning and Community Development. Planning and Zoning Commission Recommended Draft May I5, 2008 6. The Commission shall recommend approval or disapproval of the plat within 45 calendar days of the date the City receives a complete application, or the preliminary plat shall be deemed to be approved by the Commission. The owner or owner's representative may, however, agree to an extension of time. 7. After receipt of the recommendation of the Commission rafter the time of any extension has passed, the City Council shall, by resolute ,approve or disapprove the preliminary plat. E. Effect of Approval Appr val of a preliminary plat by the City Council does no constitute approval of the subdivi 'on but merely authorizes the subdivider to proc d with the preparation of the final plat. n the event the City Council approves the pr liminary plat and the final plat submitted es not materially and substantially devia from the preliminary plat and if inspection by he City reveals that all plans and spe ' ications for construction of improvements, s required by the City, have been et, the final plat shall be approved by the City Council. proval of the preliminary plat all be effective for a period of 24 months unless, upo written request of the ow r or subdivider, the City Council, by resolution, grants an ension of time. If the nal plat is not filed with the City Clerk within 24 months, all pr ious actions of the ity Council with respect to the plat shall be deemed null and void. A. Submission Required 1. After approval of a preliminary I or if the requirement for preliminary plat has been waived by the City Council, t ow r or owner's representative shall submit to the City Clerk twelve (12) copie of a fins lat for review. Said final plat must be submitted to the City Clerk ithin 24 m the of approval of the preliminary plat, unless an extension has en approved b the City Council. This submission must include accurate and co plete information set forth in 15-2-3B and 15-2-3C, below. 2. The Department of PI nning and Community De lopment will check the application for accuracy and co pleteness. A "complete apple tion" shall mean the following: a. A final plat wi accurate measurements and di ensions, and with easements correctly ide tified; b. An accurst legal description; c. All requir d legal documents and accompanying instru nts as specified in 15- 2-3B an 15-2-3C, below; d. Constru tion plans according to the specifications of the City gineer; The applica twill be notified of deficiencies and/or discrepancies or if an application is incompl e. If an application is found to be incomplete, the City will inform the applicant nd reserves the right to discontinue staff review until a complete and accurate pplication is filed. The start date for any applicable time limitations for the application under review will be the date when a complete application is submitted. io Planning and Zoning Commission Recommended Draft May 15, 2008 4. Upon approval by the City, a final plat may include only a portion of the development illustrated on the preliminary plat if that portion can function as a separate development, including access and utilities, and if no essential public infrastructure extensions are delayed. Whether or not said infrastructure is essential in nature shall be determined by the City. 5. The applicant shall note any variations from the approved preliminary plat. Requests fo minor changes that do not constitute substantive changes may be approved ad 'nistratively without requiring an amendment to he preliminary plat. Substantive chan s, including but not limited to the layout and ocation of streets, lots, and outlots, changes to the proposed uses of the variou lots and outlots, and other similar c nges that would result in a substantive ange to the character of the subdivision ay result in the necessity to file an a ended preliminary plat. B. Specifications The final plat shall et the following specifications: 1. The plat shall be wn to the scale of one in to 50 feet (1" = 50'); provided, however, if the resu nt drawing would be o larger dimension than 24 inches by 36 inches (24" x 36"), th lat shall be submitt d at a scale of one inch to 100 feet (1" _ 100'). 2. Twelve (12) prints of the i al plat shall b submitted showing the following information: a. Accurate property bound lines with dimensions and bearings or angular dimensions, which provide Ian survey of the tract, closing with an error of not more than one foot in 10, 0 feet. b. Accurate references to know p rmanent monuments, giving the bearing and distance from some corner a I or block in the City to some corner of the congressional division of w ich the ity or the addition thereto is a part. c. Accurate locations of all fisting and corded streets intersecting the property boundaries of the tract. d. Accurate legal descrip on of the prope boundaries. e. Street names and str et right-of-way width . f. Complete curve no s for all curves included i the plat. g. Street center line with accurate dimensions in et and one-hundredths of feet with bearings or ngular dimensions to street, al y and lot lines. h. Lot numbers a lot line dimensions. For lots wher the lot width is different from the lot fr ntage, the lot width must be indicate on the plat. i. Block number , if used. j. Accurate di ensions for any property to be dedicated or r served for public, semi-public r community use. k. Location, pe, material and size of all markers. 1. Name and street address of the owner and subdivider. ~t Planning and Zoning Commission Recommended Draft May 1 S, 2008 m. Name and street address of owner's or subdivider's attorney, name of persons who prepared the plat and the date of preparation. n. North point, scale and date. o. Certification of the accuracy of the plat by a registered land surveyor of the State. p. Location and width of easements for utilities q. Certification by the utility companies that uti ity easements are properly placed for the installation of utilities. r. A signature block for endorsement by the ity Clerk certifying the City Council's approval of the plat. s. A note on the plat stating, °notes on this plat are not intended to create any ested private interest in any stated us restriction or covenant or create any th' d party beneficiaries to any noted u e restriction or covenant. 3. The applic t shall submit a digital version f the final subdivision plat as part of the application p cess. Once the plat has be n approved by the City Council, a final copy of the di ' al version of the plat shat be submitted to the City Engineering Department. Sai final digital copy shall a compatible with the Johnson County Geographic Inform ion System and Ci of Iowa City mapping system. Specific formats, procedures, nd methods nee ed to meet this requirement will be updated as changes in technolo occur. C. Accompanying Documents The final plat shall also be accom anied b the following documents: i. Owner's Statement An acknowledged statement fro a owner and the owner's spouse, if any, that the subdivision as it appears on the p is with their free consent and is in accordance with the desires of the proprietor an he proprietor's spouse. This statement may include the dedication to the pu ic. 2. Dedications Dedication of streets and other public prope ,including perpetual easements for the installation, operation and ma' tenance of Ci tilities. 3. Mortgage Holder's or Lie older's Stateme t An acknowledged statement rom mortgage holder or lienholders that the plat is prepared with their free co ent and in accordance ' h their desire, as well as a release of mortgage for an areas dedicated to the pub ' . 4. Encumbrance Certifica es If there is no consent fro the mortgage holders or lienhold s as specified in 3, above, and if the land be ng platted is encumbered in the man r set out in the Code of Iowa, as amended, a ertificate shall be filed with the County corder showing an encumbrance bond in a amount double the amount of the encumbrance and approved by the Recor er and Clerk of the District Court. The bond shall run to the County for the benefit f the purchasers of the land subdivided. 5. Attorney's Opinio An opinion from an attorney at law showing that the fee title is in the owner and that 12 Planning and Zoning Commission Recommended Draft May 1 S, 2008 the land platted is free from encumbrance or if encumbered, listing the encumbrances and the bonds securing the encumbrances. 6. Construction Plans A complete set of construction plans for all public improvements, meeting City specifications, must be submitted to the City Enginee ' Office. 7. County Treasurer's Certificate A certified statement from the County Treasurer that eland being platted is free from taxes. S. County Auditor's Certificate A certified statement from the County Auditor appr ing of the name or title of the s~?bdivision as succinct and unique to Johnson Cou ty. 9. Sub~ivider's Agreement a. A agreement executed by the subdivider ich agrees, as a covenant running wit the land, that the City shall not issue building permit for any lot in the sub ision until the subdivider installs th public improvements, except sidewa ,according to plans and specifi tions approved by the City Engineer and until he City Engineer approves su division erosion control measures. If the subdivider esires a building permit pri r to installing the improvements, the owner must posit with the City Fin ce Department an escrow equal to the cost of improv ents plus 10 perce thereof in cash or an irrevocable letter of credit payable to e City in a form pproved by the City Attorney. At the City's discretion, this escr w may be divi ed by the number of lots in the subdivision and collected on a pe lot basis p for to the issuance of a building permit. Subdivider must furthe gree, a covenant running with the land, that subdivider will install side alks butting each lot in the subdivision as set forth in this Title, that the obliga ' to install the sidewalks remains a lien on the lots abutting the sidewalk until r ased by the City and that, in the event subdivider fails to install the sidewalks th City may install the sidewalks and assess the total cost against the prop rty wi out meeting the requirements of notice, benefit or value required y State I for assessing improvements. b. The subdivider's agree ent shall state hat the subdivider, including its grantees, assignees a successors in in Brest, agrees that public services, including but not limi d to street mainten nce, snow and ice removal and solid waste collection, will of be extended to su subdivision until the pavement is completed and acce ted by the City Council b resolution. c. The subdivider's a reement shall state: "Plat no sand surveyor's notes on plats serve to provide tice of how a subdivision is ex cted to develop. Said notes are not intended o create any vested private intere in any stated use restriction or co enant, or create any third party bene iaries to any noted use restriction or co enant. The City reserves the right, in i sole discretion, subject to any applicab a public notice and approval process requi d by law, to alter or amend any pl note, or to sell or vacate any right-of-way, s et, alley, park, easement, op n area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot 13 Planning and Zoning Commission Recommended Draft May 1 S, 2008 boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law." d. The subdivider's agreement may include other conditions peculiar to the subdivision as allowed by law. 10. Iowa Department of Transportation Permits Approved IDOT permits must be submitted, if required. D. Re 'ew; Approval or Disapproval i. on the filing of the final plat as set forth above, e City Clerk shall submit 11 co ies of the final plat and the application to the epartment of Planning and Co unity Development. 2. The D artment of Planning and Community D velopment shall distribute said copies to the ap ropriate City Departments for revie as designated by the City Manager; 3. Said design (s) shall examine the applicati ,the plat, the construction plans, and the legal docu ents to insure compliance w th the requirements of the City Code, State law, and t preliminary plat. 4. The costs of engine ring examination of nal plat and construction plans shall be paid by the subdivide and shall be the a ual costs of the engineering examination and review as incurred the City. 5. Upon completion of said re iew staff all recommend approval or disapproval of the plat within 45 calendar days f the d to the City received a complete application, or the final plat shall be deemed be pproved by the staff. The owner or subdivider may, however, agree, in writing, an extension of time. 6. Following staff evaluation, the o n or owner's representative shall submit a digital version, a transparent reproduc' le c y and 8 prints of the revised final plat with the signatures of the surveyor and he resp dive utility companies to the City Clerk. 7. After receipt of the recomme dction of th staff or after the time of any extension, the City Council shall, by re olution, approve or disapprove the final plat. The City Council must take action o the final plat with 60 calendar days of submission of a complete application for final plat to the City erk. If the City Council does not approve or disapprove t plat within 60 calendar ays, the final plat shall be deemed approved. The caner or subdivider may, h wever, agree, in writing, to an extension of time. 14 Planning and Zoning Commission Recommended Draft May I5, 2008 CHAPTER 3. DESIGN STANDARDS AND REQUIRED IMPROVEMENTS ., A. D sign of the subdivision shall comply with the standards f this Chapter, provide for the ord ly growth and development of the City, demonstrate consistency with the Iowa City Comp hensive Plan and any specific adopted district pla s, and take into consideration the nat al features of the site and patterns of adjacent development. 6. The subdi er of property shall be responsible for co trusting all public improvements associated w the proposed subdivision according t City Code, unless exempted from such requireme is according to the provisions herei . C. Public improvemen , as defined in this Title, shall a constructed and installed according to the standards esta lished by the City. Copies said standards are on file in the office of the City Engineer. A. Connectivity of Streets, Sidevlr~ Subdivisions shall provide for contir streets, sidewalks and trails in acco ~E1 Trails and extension of arterial, collector and local with the following standards. 1. Arterial streets must be located d xtended in general accordance with the JCCOG Arterial Street Plan and Iowa Ci Com rehensive Plan. 2. All streets, sidewalks, and trai should co nett to other streets, sidewalks, and trails within the development, and o the prope line to provide for their extension to adjacent properties. Each s division must co tribute to the larger interconnected street pattern of the City t ensure street tonne ivity between neighborhoods, multiple travel routes res Iting in the diffusion an distribution of traffic, efficient routes for public and a rgency services, and to pr vide direct and continuous vehicular and pedestri travel routes to neighborhoo destinations. 3. The road system shat be designed to permit the safe, a cient, and orderly movement of vehicu rand pedestrian traffic; to meet the eeds of the present and future populations rued; to have a simple and logical patte and allow that pattern to continue throu adjacent properties; and to respect natur I features and topography. 4. Use of cul-de-sa s and other roadways with a single point of acce should be avoided. Cul-d sacs will be considered where it can be clearly de nstrated that environmental onstraints, existing development, access limitations along arterial streets, or of r unusual features prevent the extension of the street to the property line or to int rconnect with other streets within or abutting the subdivision. 15 Planning and Zoning Commission Recommended Draft May 1 S, 2008 B. Minimum Access Standards Adequate street access to an area or neighborhood is required as part of subdivision approval or prior to the approval of additional subdivision lots. The standards in this subsection are intended as minimum standards in areas where connectivity is limited by topography, previous development patterns, or other unusual features and shall not be used as a means of circumventing the street connectivity standards set forth in subsection A, above. The following guidelines will be used by the City 'n determining whether additional street access is a prerequisite to additional lots on developable parcels being approved b the City. 1. Addition access may be required if a proposed deve opment will result in any portion of street that provides a single means of a ess to an area being overburden with traffic. Overburdened' shall be efined as a projected volume which excee the midpoint design volume as folio s: a. Local stre :500 vehicles per day b. Collector str t: 2,500 vehicles per day 2. Projected traffic volu es shall be determined using the most recent Average Daily TrafFc count when av 'able, and adding it to rojected traffic generation as determined by the City. n the absence of a ecent traffic count, projected traffic volumes shall be calculate by using project d traffic generation for both existing and proposed development. 3. Additional means of access m also be r uired if any of the following conditions exist or will exist if additional to or deve opable parcels are approved: a. There are physical features at m increase the probability of blockages along the single means of access to a evelopment. These physical features include but are not limited to: slopes 8° r greater; floodplains as designated by the Federal Emergency Managemen gency; a bridged or culverted roadway; trees adjacent to the roadway with t nk iameter greater than four inches; a grade separated highway; or a railro d. b. The existing access is insuffi lent to pr vide efficient, safe, and/or cost-effective routes for the provision of blic and em rgency services for the proposed development. c. The street, which provid a single means o access to the area, is a local or collector street along w ich there are existing r proposed facilities that may increase the probability of pedestrian-motor ve icle conflicts. These facilities include but are not li ited to schools, daycare c ters and parks. d. There are land uses ocated along the subject stre that serve special populations, which ay increase the volume of eme envy vehicle trips. These uses include but ar not limited to adult daycares, face 'ties serving elderly persons, or perso s with disabilities. 4. For a situation requirifig additional means of access based on the above criteria, a single means of access may be permitted as a temporary condition. A temporary condition is one in which there is secured, written assurance from the private subdivider that the road, which will provide the necessary access, will be constructed within three years of development or, alternatively, said access is scheduled for 16 Planning and Zoning Commission Recommended Draft May 1 S, 2008 construction no later than the third year of the then current Capital Improvements Program of the City. C. Street Types Table 15-1, Standards for Street Rights-of-Way, provides a s mmary of various street types. The information in this table is intended to provide g idance for the design of the street network within a subdivision. When designing a sub vision, street types should be chosen based on the intended function of the street and a ticipated level of traffic. The City wi} review the proposed streets and determine the propriate street type based on the facto set forth in this section. D. Dedication f Right-of-Way Land shall be dicated to the City for all public stre rights-of-way within the development an or any public street right-of-way at is needed for streets that abut or will abut the develo ment. 17 Planning and Zoning Commission Recommended Draft May I5, 2008 Table 15-1: Standards for Street Ri hts-of-Wa Minimum Pa~'ement width # Travel Parking Maximum SideWalk~' Right-0f--way ~, ~ Lanes` Grade . Width, wdtnu - Residential Alle lRear. Lane 20 ft. 16 ft. 2 0 12% N/A .Commercial Alley/Rear Lane 20 ft. minimum 20 ft., varies 2 0 10% N/A / varies Loop Street 100 ft. 22 ft. 1 shared Yes, on one 10% 4 ft. minimum / side residential varies; side of street onl Low volume Cul-de-sac 50 ft. 22 ft. 1 shared Yes, on one 10% 4 ft. both side sides Cul-de-sac 60 ft. 26 or 28 ft 2 Yes 10% 5 ft. both sides Local Residential Street 60 ft. 26 or 28 ft. 2 Yes 12% 5 ft. both sides Local Commereial/Industrial 0 ft. 28 ft. 2 Yes 8% 5 ft. both Street sides Collector Street (all land uses) 6 31 ft. Yes 10% for 5 ft. both residential; sides 8 % for commercial or industrial Collector Street w/ bike lanes 66 ft. 34 ft. 2 No 8% 5 ft. both sides 2-lane Arterial Street 100 ft. 31 ft. 2 No 8% 8 ft. one minimum side / 5 ft. one side Arterial Street w/ bike lanes 100 ft. 34 ft. 2 No 8% 8 ft. one minimum side / 5 ft. one side 4-lane Arterial Street 100 ft. 54 ./ v ies 4 No 8% 8 ft. one minimum dep d'ng if side / 5 ft. medi is included one side Arterial Street w/ parking 100 ft. vazie , ased on 2 Yes 8% 8 ft. one minimum; more nu er f lanes side / 5 ft. may be required an whet r one side depending on p king is allel parking o angled. confi uration $-lane Arterial Street 100 ft. 46 ft., /varies 3 No 8% 8 ft. one minimum depending if side / 5 ft. median is include one side Loop streets provide access for 12 or fewer dw lings. z Low volume cul-de-sacs provide access to 10 r fewer single family dwe ings ' For residential streets with less than 28 feet o avement width, azkin is estricted to one side. E. Measurements and Cons ruction Standards 1. All right-of-way impro ements must be designed nd constructed according to the design and construct' n standards established by e City. Said standards are on file in the office of the ty Engineer. 2. All street widths s II be measured back-of-curb to ba k-of-curb. 3. The minimum o, ide radius of the pavement of cul-de-sac bulbs and loop streets is 39 feet. A center median is required at the center of the cul-de-sac bulb with a minimum radius of 11 feet. For loop streets a median is also required with a is Planning and Zoning Commission Recommended Draft May 1 S, 2008 minimum width of 30 feet. In residential areas, center medians for cul-de-sacs and loop streets are required to be landscaped to at least the S1 standard as described in Article 14-5F, Screening and Buffering Standards. The subdivider's agreement shall designate and set forth procedures for property owners or a homeowner's association to maintain the landscaped area within the center median of loop streets and cul-de- sacs. Said instrument shall provide that if said servic are not provided as required therein, the City shall have the right to perform said ervices, and the cost thereof shall be a lien and charge against all of the subject I F. Street Intersections i. A m~ximum of four legs are allowed at any one i 2. The di tance between street intersections must b at least 125 feet centerline to centerli 3. Intersecti s of street center lines shall be betty en 80~ and 100. 4. Corner lots a utting on an arterial or collector reet shall have a minimum radius of fifteen feet (1 at the intersection. 5. Dead end streets nd alleys are not permitte except at subdivision boundaries abutting undevelop d areas. In such cases a temporary fire-apparatus accommodating turn- round may be requir d and, if required, must be constructed to City specifications. G. Traffic Calming Features i. The street network, block length, and layout of lots should be designed in a manner that discourages speeding tra c and u afe driving behavior. 2. In order to minimize the potentia for eeding traffic and create a safer environment for pedestrians and bicycles, the Ci ay also, in cases where it is warranted, require traffic calming features to be esigned into the subdivision. These features may include but are not limited to d' ntinuous streets, curb extensions, raised crosswalks, medians, or traffic circl s. H. Street Names The City reserves the right to deny th use of str et names that are not in the public interest. Street names must be consis ent with the ollowing standards, unless an exception is approved by the City: 1. In order to ensure safe an effi lent provision of p lic and emergency services, each proposed street name shall b distinct from other s reet names within the larger metropolitan area; 2. Street names that are over) lengthy, difficult to prono nce, or that may be considered inappropriate or unappealing shall be avoide 3. For new streets, the folio ng rules apply: a. The term "street," s uld be used for anon-dead-end roadway aligned in a north-south directio . b. The term "avenue" should be used for anon-dead-end roadway aligned in an east-west directi ; 19 Planning and Zoning Commission Recommended Draft May 1 S, 2008 c. The term "boulevard," "road," or "drive" may be used for a roadway that is aligned neither in a north-south nor east-west direction, but which changes direction or meanders; d. The terms "lane," "court," or "circle," or "place" should be used for cul-de-sacs or low volume loop streets. 4. Cul-de-sacs or low volume loop streets may use the sam name as the roadway with which it intersects. For example, a cul-de-sac that inters cts with Rose Avenue may be named "R se Court." However, if more than one cul- a-sac or loop street intersects wit Rose Avenue, an additional "Rose" nam may not be used. 5. Similar names ay not be used for streets that are in ifferent locations within the city. For example the name, "Rose Drive," may not used in one neighborhood, if there is already a ose Avenue" in a different neig orhood. I. Private Streets i. Private streets in singl family residential areas ar not allowed. 2. Requests for private stre is in multi-family, co ercial, and industrial areas will be considered, provided that onnectivity to adjac nt properties is not needed and the responsibilities for maintena ce, snow remov ,garbage service, and street sweeping is clearly established accordi to the provis' ns of paragraph 3., below. 3. If private streets are approved, he subdivi er must submit a legally binding instrument setting forth the proc dures t be followed for maintaining private streets and providing garbage service, sn re oval, street sweeping, and for financing these services. Such costs shall be ar d by all owners of property located within the subdivision, or designated portio hereof, through the use of an owners association or other entity satisfacto the City. Said instrument shall provide that if said services are not provided as equi ed therein, the City shall have the right to perform said services, and the co there shall be a lien and charge against all of the owners of lots so designated n the sub ivision. ). Cost sharing for pavement ove idth In the event arterial or collector st ets are require 'n a subdivision, the City shall pay for the excess pavement required ov r that required for 28-foot wide local street. The City Engineer shall calculate the exc s cost. Such cost-sha ' g shall be according to the procedure set forth by the City anager. Any payment f pavement overwidth by the City shall be pursuant to State law. K. Cost sharing for street up rades i. At the discretion of th City, subdivisions may be approve that access existing public streets that do not m et City standards, provided the subdi ider contributes toward the future reconstru ion cost of bringing the segment of th subject street that abuts the subject pr perty to City standards. When determini g whether such an approval will be gra ted, the City will evaluate the street based n factors such as roadway surface, s' ht distance, anticipated traffic levels, and pe estrian/bicycle facilities. If the City permits a development to access a street tha ,does not meet City standards, the subdivider shall contribute to the cost as follows: Zo Planning and Zoning Commission Recommended Draft May I5, 2008 a. Local Streets Local streets are streets that serve as access to property and carry insignificant amounts of through traffic. Therefore, the subdivider shall pay 100% of the cost of upgrading a local street to City standards for that segment of the street that abuts the subject property. If the subdivider controls land on only one side of a local street, they will be required to contribute 50% of the cost of upgrading the subject street segment to City standar s. The City will expect the subdivider of property on the other side of the street o contribute the other ~0% of the costs at such time as that land is subdivi d/developed. Costs to r construct the street will be determined by the City ngineer. b. Cdilector Streets Coll or streets are streets that collect traffic fro a subdivision or neigh rhood, and direct it to and from the arter' I street. The function of a collecto street is 50% access to property, and % through traffic. Therefore, the subdi 'der will be required to contribute 50 /o of the cost to upgrade a collector st et to City standards for that seg ent of the street that abuts the subject prop ,with the City contributing a other 50%. If a subdivider controls land o only one side of the collet or street, they will be required to contribute 25% f the total cost for the s jest street segment. The City will expect the subdiv er on the other side f the collector street to contribute the other 25% of the c tat such time as at land is subdivided/developed. Costs to reconstruct the str et to City stand rds will be determined by the City Engineer. c. Arterial Streets Arterial streets have the pr ary between neighborhoods. Th fu properly, and 75% through tr i contribute 25% of the cost to that segment of the street t t a contributing the other 75% If a notion of carrying traffic through and ion of an arterial street is 25% access to Therefore, the subdivider will be required to ode an arterial street to City standards for its the subject property, with the City divider controls land on only one side of the arterial street, they wi be requi d to contribute 12.5% of the total cost of the subject street segme t. The City ill expect the subdivider on the other side of the arterial stree to contribute t e other 12.5% of the cost at such time as that land is subdivid d/developed. Co to reconstruct the street to City standards will be dete mined by the City E ineer. Public sidewalks, trails, and pedes rian connections shall be con trusted in the public right-of- way according to the followings ndards: A. Sidewalks, trails, and ped trian connections shall be construc`~ed according to City standards. Said standard are on file in the Office of the City Engineer. B. Five-foot-wide concrete idewalks must be constructed along both sides of all local and collector streets, exce for connections to existing sidewalks as provided in subsection D, below. For low volu a and loop streets, as described in Table 15-1, the required sidewalk width may be reduced to four feet. 21 Planning and Zoning Commission Recommended Draft May I5, 2008 C. Along arterial streets, afive-foot sidewalk is required on one side of the street and an 8- foot sidewalk on the other side, except as allowed in subsection D, below. The City will determine on which side of the street the 8-foot sidewalk will be placed. When an 8-foot sidewalk is required, the City, at its discretion, will either pay r the excess pavement required for the developer to install an 8-foot sidewalk rather an 5-foot sidewalk, or collect the estimated cost of the 5-foot sidewalk from the dev oper and apply said cost to construceo of an 8-foot sidewalk by the City. Any payment excess pavement costs by the City shal~be pursuant to State law. D. In cases wher the proposed sidewalk provides a connection etween existing sidewalks that are less tha the required width, the proposed sidewal may be constructed to match the width of the a jacent sidewalks. However, this modific ion is not allowed in cases where one end of t e proposed sidewalk will provide a co nection to future sidewalks for new development. I such a case, the sidewalk should b tapered to provide a transition between differing side alk widths. The City will determi a where along the street the transition should occur. E. All sidewalks and trails m t connect to other sidewal and trails within the development and to the property line to ovide for their extensio to adjacent properties. F. The subdivider will be respons le for the construct' n of a public sidewalk along the frontage of private open space, ublic open space equired to be dedicated to the City according to the Article 14-5K, N ' hborhood Op n Space Requirements, and along the frontage of other outlots as necess for a con nuous sidewalk system to be created. G. In residential subdivisions, blocks Ion r than 00 feet must have mid-block pedestrian connections between adjacent streets, nless said connection is deemed to be unnecessary and is waived by the City. t e time of subdivision, these connections must be platted as minimum 15-foot-wide ease nts; if the connecting sidewalk is greater than 5 feet in width, the easement must be at I a t 20-feet wide. Within this easement a sidewalk must be constructed to City sta dar that is equal in width to the sidewalks to which it provides a connection. If the d-bloc idewalk connects to sidewalks of two different widths, the mid-block sidewal must be ual in width to the wider sidewalk. The area and sidewalk within the pedestri n easement ust be maintained by adjacent property owners according to the su divider's agree ent in a manner similar to maintenance requirements for publ' sidewalks. H. Where a trail extension, as identi ed in the Comprehensi a Plan or an adopted trails plan, is located on the subject grope ,the City may require a easement or alternatively, may require dedication of an outlot or the trail. Construction o the trail or portion of a trail may also be required in insta es where said trail or portion f a trail primarily serves the needs of the proposed subdi ision/development. In this situa 'on, the trail will be treated as a public improvement. dication of land for a trail extensi shall count toward the open space requirement fo the development, provided said Ian is consistent with the standards for open space s set forth in Article 14-5K of the City de and provided said land dedication is accep ble to the City. ~ 22 Planning and Zoning Commission Recommended Draft May 15, 2008 • ~ ~ ~ ~ A. Blocks 1. Blocks should be limited in size and be laid out in a pattern that ensures the connectivity of streets, provides for efficient provision of public and safety services, and establishes efficient and logical routes between re idences and non-residential destin tions and public gathering places. 2. To pro 'de multiple travel routes within and betwee neighborhoods, block faces along to I and collector streets should range betty n 300 and 600 feet in length and for r idential subdivisions have a width suffici nt to accommodate two tiers of lots. Long r block faces may be allowed in cases f large lot commercial, industrial, or rural resi ntial development, or where topog phy, water features, or existing development revents shorter block lengths, alt ough mid-block pedestrian connections m be required (See Section 15-3 3, above). Block faces are measured from centerline t centerline. 3. Block faces along erial streets should be a least 600 feet in length. Intersecting collector streets sho d be spaced in a man er that provides adequate connectivity between neighborhoo s, but also maintain the capacity of the street for the safe and efficient movemen of traffic. Longer lock faces may be required along high capacity or higher speed rterial streets here the interests in moving traffic outweigh the connectivity etv shorter block faces in high r pedestrian counts. 4. Cul-de-sacs may not exceed 9i measured from the center line the bulb. B. Lots of development. The City may approve ercial areas or other areas with high in length. The length of a cul-de-sac is street from which it commences to the center of i. Lots must be platted in a man r that ' I allow development that meets all requirements of Title 14: Zon' g. Lots mu t be of sufficient size to accommodate an adequate buildable area and rea for requi d setbacks, off-street parking, and service facilities required by the type of use a d development anticipated. 2. Lots with multiple frontages must be platted lar~,e enough to accommodate front setback requirements al g street-side lot lines. \ 3. If a property with front ge along an arterial street i roposed to be subdivided, developed or redevelo ed for any Multi-Family, Grou Living, Commercial, Institutional or Indus ial Use, across-access Basemen must be provided by the property owner to al adjoining properties that front on t e same arterial street that are or may be dev oped as Multi-Family, Group Living, C mercial, Institutional Use, or Industrial ses according to the cross access standa ds set forth in section 14-5C-7 of the Ci Code. 4. In residential ar~as, double- and triple-frontage lots shall be avo'~led. Where such lots are necessary t overcome specific disadvantages of topography, nd features, or access restrictions, the following standards apply: 23 Planning and Zoning Commission Recommended Draft May 1 S, 2008 a. Lots with multiple frontages shall be 125% of the required lot area for the zone in which the lot is located. The additional required lot area shall be used to increase the depth of the lot between street frontages. Corner lots with only two frontages are exempt from this requirement, however, said corner lots should be platted with enough land area to accommodate the required front setback area along both frontages. ~ b. Double and triple frontage lots where dwellin swill have side or rear building facades oriented toward an arterial street sh I provide a minimum 20-foot wide landscaped buffer area along the arterial str et frontage. The buffer area shall be planted with a mixture of coniferous an deciduous vegetation approved by the City Forester. The vegetation shall be equired along with other public improvements for the property. Lots wher dwellings will have front building facades oriented toward an arterial stree are exempt from this requirement. If a buffer area was required during subdiv Sion, no solid fences will be allowed ithin this buffer area. This restriction ust be noted in the subdivider's a reement and on the plat. On corner I ts, the landscaping within the buffer m t be planted and maintained to co ply with intersection visibility standards. 5. Side lot lin shall approximate right angl to straight street lines or be approximate radial to curved street line ,except where a variation will provide a better street a lot layout. For purpose of this subsection, "approximate right angles" means a les between 80° and 100°. 6. Residential lots sha not be designed ith irregular shapes such as a flag or panhandle shape wh a the structur on the lot may be hidden from the street behind another structu 7. In residential subdivisions, lots mu be arranged to allow easy access to public open space. The subdivision layo t sh Id be designed so that the location and access to public open space is readily a ent to the public. Subdivision layouts where public open space is surrounded by p ate lots that back up to the public open space are discouraged. Techniques, such a single-loaded streets along park edges or along segments of park edges and ell- rked trail easements are to be utilized to satisfy this requirement. C. Provisions to Minimize the E ect of Hi way Noise Subdivisions adjacent to or wit n 300 feet of a Interstate 80 and/or the Highway 218 rights of way shall comply wit the following pr isions, intended to reduce the effect of highway noise on residential recs. 1. Any portion of a reside tial lot that is within 30 feet of the Interstate 80 or Highway 218 right-of-way shall a identified as a noise bu and no residential structure will be permitted within t is 300-foot buffer area. The b r area shall be planted with a mixture of coniferou and deciduous vegetation approve by the City Forester. The vegetation shall be equired along with other public improvements for the property. Existing trees and egetation may be used to comply with this requirement as approved by the City Forester. Accessory structures and yards are permitted within the 300-foot buffer area provided the required vegetative buffer is maintained. 2. The 300-foot buffer for residential structures may be reduced with approval by the City if the subdivider constructs an earthen berm, decorative wall, or other similar 24 Planning and Zoning Commission Recommended Draft May 1 S, 2008 structure and demonstrates that the highway noise just outside the proposed residential structures will be no more than 60 dBA. 3. The 300-foot buffer for residential structures may also be reduced with approval by the City if the subdivider demonstrates that existing t~ography results in highway noise being no more than 60 dBA just outside the prop sed residential structures. A. Intent and urpose The Neighborh od Open Space Requirements are intended o ensure provision of adequate usable eighborhood open space, parks and rec ation facilities in a manner that is consistent with t e Neighborhood Open Space Plan, as mended, by using a fair and reasonably calculabl ethod to equitably apportion the osts of acquiring and/or developing land for tho a purposes. Active, usable nee borhood open space includes pedestrian/bicycle trails eferably located within natur I greenway systems, and also includes neighborhood par that serve nearby reside ts. Portions of community parks may be adapted for neighbor ood use, but this Chap er is not intended to fund the acquisition of community parks r large playing feel for organized sports. B. Dedication of Land or Paymen of Pees In Li u of Land Required As a condition of approval for reside ial subdivisions and commercial subdivisions containing residential uses, the applica t shall d dicate land or pay a fee in lieu of land, or a combination thereof, for park, greenw ,rec eational and open space purposes, as determined by the City and in accordance it the provisions of Article 14-5K, Neighborhood Open Space Requirements A. Extension of energy distribution lines a commune tion distribution systems necessary to furnish permanent electric service and ommunicatio system service to new development within a new subdivision shall be ma underground f m existing systems according to the provisions set forth in Chapter 1 -2, Public Utilities d Use of City Right of Way. B. The applicant shall provide all ease ents necessary for ac ess to street lights, to allow energy and communication syste services for the subdivis n, and the easements shall be included as part of the plat of he subdivision. C. In new subdivisions, the electric/public utility company shall pr vide underground wiring to the pole sites for appropriates eet lights as determine by the Manager or designee. A. The subdivider shall proved a complete sanitary sewer system, include g stubs, for each lot which shall connect wit a sanitary sewer outlet approved by the Ci Engineer as set forth in Sections 16-3-4, 6-3-5, and 16-3-6 of the City Code. The sanita sewer in each defined drainage area all extend to the subdivision boundaries and beyond, as necessary to provide for the extension of the sanitary sewer to adjacent properly, as determined by the City. 25 Planning and Zoning Commission Recommended Draft May I5, 2008 B. Project specific tap-on fees may apply as set forth in Section 16-3-2, Project Specific Tap- On Fees. C. If City requires a sanitary sewer to be greater in size than that needed to service the subdivision itself, the City may share in the expense thereof on a pro rata basis. Such cost- sharing shall be according to the procedure set forth by the City Manager. Any payment of excess costs by the City shall be pursuant to State law. The developer shall provi the subdivision with adequate drains, itches, culverts, complete bridges, storm sewers, inta es and manholes to provide for the col ection, management, and removal of all surface waters as set forth in Chapter 16-3-7, Storm Water Collection, Discharge, and Runoff. These improveme is shall extend to the boundaries o the subdivision and beyond, as necessary to provide for ext sion by adjoining properties, as etermined by the City. A. The developer shall provide the bdivision with a compl to water main supply system as set forth in Section 16-3-3, Potabl Water Use and Servi e, including hydrants, valves and all other appurtenances, which shal be extended into d through the subdivision to the boundary lines and beyond as may b necessary to pr vide for extension by adjoining properties, as determined by the City. he system sh II provide for a water connection for lots and shall be connected to the City ter system B. If City requires a water main to be greater 'n size t an that needed to service the subdivision itself, the City may share in the pen a thereof on a pro rata basis. Such cost- sharing shall be according to the procedures f rth by the City Manager. Any payment of excess costs by the City shall be pursuant to St a law. A. All new residential or commercial developm nts platt after (the effective date of these regulations) that receive curbside delivery f mail shall ave clustered mailboxes, unless an exception is approved by the United ates Postal Se ice. The location of mailbox clusters shall be noted on the plat. B. Mailbox clusters serving residential de elopments shall be c veniently located for residents. To that end, mailbox clust rs should be located wit in one block or approximately 600 feet walking dist nce (whichever is less) fr any residential properly served by said mailbox cluster. Ad ustments to this distance cri eria may be approved when there are not enough lots w hin one block or 600 feet to f m a cluster. Mailboxes should be located in a manner th t provides safe access for reside ts, e.g. does not require residents to cross heavil trafficked streets, etc. Driveways hall be allowed no closer than 12 feet from the to tion of a clustered mailbox as mess ed along the curb line of the fronting street. Mai oxes must be located in a manner th will not violate the City's intersection visibility sta dards. Locations and design must be a proved by the City and the United States Postal ervice. Depending on the size and location of the clustered mailbox, the City may require a vehicular pull-over lane built to City specifications. 26 Planning and Zoning Commission Recommended Draft May 1 S, 2008 C. Mailbox clusters shall be located on a concrete pad built to City specifications. To provide for pedestrian access, a 5-foot-wide concrete sidewalk shall be provided from the mailbox cluster to the adjacent public street and sidewalk. An accessible route shall be provided according to ADA Standards for Accessible Design. The cost of installation, including but not limited to box units and concrete pad and sidewalk access shall be borne by the developer, and subsequent maintenance shall be carried out by the United States Postal Service. 1 An iron rod meeting specifications of State Code shall be placid as follows: A. At the intersectlnn of all lines forming angles in the boy~hdary of the subdivision. B. At block and lot c rners and changes in direction of bl ck and lot boundaries. C. At the beginning an ending points of curves and at t lines intersecting the curves. ~- A. The type of construction, he materials, the meth ds and standards of subdivision improvements shall be acc ding to City standar s. Said standards are on file in the office of the City Engineer. 6. Construction plans and specific tions, including plans for subdivision erosion control measures, shall be submitted to he City Engi er for approval prior to construction. Construction shall not commence ntil the Ci Engineer approves the plans and specifications. C. If the infrastructure and/or grading ca not a designed to comply with City standards a new preliminary plat may be required a th discretion of the City. D. Record of Construction drawings must be ubmitted in hard copy and in digital form before public improvements will be accepted by h City. A. The City Engineer or designee shall ' sped the in allation of all public improvements in new subdivisions to insure complia ce with the req 'rements. B. The subdivider shall bear the cos of such inspection, hich shall be the actual cost of the inspection by the City. C. Grading shall be inspected and certified by the developer engineer. A. From time to time off-site ublic improvements are necessary to nable the subdivision and development of a pro erty. At such times, the subdivider sh I be responsible for the extension of infrastructur . If said infrastructure or certain aspects f said infrastructure is included in the City's C ital Improvements Program in a year coinci ent with the 27 Planning and Zoning Commission Recommended Draft May 1 S, 2008 development prgposal, the City may, at the City's discretion, assume responsibility for the extension of the ubject infrastructure. B. Off-site improvem nts shall be designed and constructed accor specifications appr ed by the City Engineer and shall be of su~ serve the full area ca able of being served by the type of impr~ not be required to con rust parallel or duplicate facilities. If sa in size than that neede o service the subdivision itself, the C' share in the expense ther of. Such cost-sharing shall be acc rc forth by the City Manager. y payment of excess costs by he State law. iin to plans and fici nt size and capacity to v ment so that the City will infrastructure is greater y, at its discretion, may ing to the procedure set City shall be pursuant to 2s M~~ ~. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 08-4312 ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN RIGHTS," CHAPTER 3, ENTITLED DISCRIMINATORY PRACTICES" TO EXCEPT SMALL EMPLOYERS FROM DISCRIMINATION CLAIMS AND CHAPTER 4, ENTITLED "ENFORCEMENT," TO INCREASE THE TIME PERIOD FOR FILING A DISCRIMINATION CLAIM. WHEREAS, the City Code presently subjects employers with less than four employees ("small employers") to liability for employment discrimination claims; WHEREAS, the Iowa Supreme Court recently ruled that Iowa City may not subject small employers to liability; WHEREAS, the City Code presently provides that complaints must be filed within one-hundred and eighty (180) days of the alleged discriminatory action; WHEREAS, the Governor has signed SF 2292, which goes into effect on July 1, 2008, that increases the time period to file a complaint under state law from one-hundred and eighty (180) days to three hundred (300) days; WHEREAS, it is appropriate for the City to increase the time period to file a complaint alleging violation of the City's Human Rights Ordinance to make it the same as the time period for filing a claim under state law; and WHEREAS, it is in the best interest of the City to adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. ~~ 1. Title 2, entitled "Human Rights," Chapter 3, entitled Discriminatory Practices," Section 1, entitled "Employment; Exceptions," Subsection F is hereby amended by adding the following new Paragraph 8: Any employer who regularly employs less than four individuals. For purposes of this section, individuals who are members of the employer's family shall not be counted as employees. 2. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 1, entitled "Persons Who May File Complaints; Method of Filing Complaint; Amending Complaint," Subsection E is hereby amended by deleting it in its entirety and substituting in its place the following new Subsection E: A claim under this title shall not be maintained unless a complaint is filed with the commission within three hundred (300) days after the alleged discriminatory or unfair practice occurred. 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 in effect after its final passage, approval and publication, as provided by law. ist , 2008. Approved by: City Attorney's Office Ordinance No. 08-4312 Page 2 It was moved by Champion and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion _~ Correia x Hayek g O'Donnell x Wilburn g Wright 0' Donnell that the Ordinance First Consideration 6 / 24 / 2008 Vote for passage: AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion, Correia. NAYS: Ndne. ABSENT: None. Second Consideration 7 / 15 / 2008 Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnell. NAYS: None. ABSENT: None. Date published 8/20/2008