HomeMy WebLinkAbout2020-06-02 OrdinanceItem Number: 10.a.
CITY OIF IOWA CITY
www.icgov.org
June 2, 2020
Ordinance conditionally rezoning approximately 0.53 acres of land located at
1335 Highway 1 West from Intensive Commercial (CI -1) to (CI -1). (REZ20-
01).
ATTACHMENTS:
Description
Public Hearing Notice
Staff Report with Attachments
Ordinance
Conditional Zoning Agreement
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held at which the Council will consider:
An ordinance conditionally rezoning
approximately 0.53 acres of land located
at 1335 Highway 1 West from Intensive
Commercial (CI -1) to (CI -1). The
request is to modify the conditions
associated with the property's zoning
designation in order to reduce the
required landscaped front setback area
along Highway 1 from 30 feet to 10 feet,
with landscaping consisting of
ornamental trees and a mix of
evergreen and deciduous shrubs and no
parking or paving other than sidewalks.
(REZ20-01)
Copies of the proposed ordinance and conditional
zoning agreement are on file for public
examination in the office of the City Clerk, City
Hall, Iowa City, Iowa, which is currently closed to
the public because of the coronavirus. Copies are
available by telephoning the City Clerk at
319/356-5043 or emailing kellie-fruehling(a�iowa-
citV.org.
The public hearing will be held at 7:00 p.m. on
June 9, 2020, in Emma J. Harvat Hall of the Iowa
City City Hall, 410 E. Washington Street, Iowa
City. If City Hall remains closed to the public, the
meeting will be an electronic meeting using the
Zoom Meetings Platform. For information on how
to participate in the electronic meeting, see
www.icgov.org/councildocs or telephone the City
Clerk at 319/356-5043. Persons wishing to make
their views known for Council consideration are
encouraged to participate.
Kellie Fruehling, City Clerk
To: Planning and Zoning Commission
Item: REZ20-01
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Ray Heitner
Date: May 7, 2020
Applicant: Focus Development
2491 Oakdale Blvd, Suite 201
Coralville, IA 52241
319-512-2322
benl @focusdevco.com
Contact Person: Ben Logsdon
2491 Oakdale Blvd, Suite 201
Coralville, IA 52241
319-52-2322
benl @focusdevco.com
Owner: GRD Clinics
1805 State St
Bettendorf, IA 52722
319-512-2322
benl @focusdevco.com
Requested Action: Rezoning from Intensive Commercial (CI -1) to CI -
1. The request is to modify the conditions
associated with the property's zoning designation
in order to reduce the required landscaped front
setback area along Highway 1 from 30 feet to 10
feet, with landscaping consisting of ornamental
trees and a mix of evergreen and deciduous
shrubs and no parking or paving other than
sidewalks.
Purpose:
To obtain a reduced setback area for property
located at 1335 Hwy. 1 West.
Location: 1335 Highway 1 West
Location Map:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Comprehensive Plan:
District Plan:
Neighborhood Open Space District
Public Meeting Notification:
File Date:
K
Approximately 0.53 acres
Commercial, Intensive Commercial (CI -1)
North:
CI -1 — Intensive Commercial
(Commercial)
RS -5 — Low Density Single -Family
Residential (Residential)
South:
C1-2 — Intensive Commercial
(Commercial)
East:
CI -1 — Intensive Commercial
(Commercial)
West:
CI -1 — Intensive Commercial
(Commercial)
RM -12 — Low Density Multi -Family
Residential (Residential)
Intensive Commercial
South Central District
N/A
Property owners located within 300' of the project
site received notification of the Planning and
Zoning Commission public meeting. Rezoning
signs were also posted on the site.
April 20, 2020
45 Day Limitation Period: June 4, 2020
3
BACKGROUND INFORMATION:
In February of 1993 the City annexed and rezoned the subject property (Ord. 93-3563),
referred to as the Dane tract, from County Commercial (C-2) and County Rural (A-1) to
Intensive Commercial (CI -1). The rezoning was subject to a conditional zoning agreement
(CZA) which specified infrastructure improvements and design requirements for
development of the site.'
An application has been submitted by Focus Development for a rezoning from Intensive
Commercial (CI -1) to CI -1 for approximately 0.53 acres of land located at 1335 Highway 1
West. The request is to modify the conditions associated with the property's zoning
designation in order to reduce the required landscaped front setback area along Highway 1
from 30 feet to 10 feet, with landscaping consisting of ornamental trees and a mix of
evergreen and deciduous shrubs and no parking or paving other than sidewalks.
With this rezoning request, the CI -1 zoning will be maintained, but a new ordinance and
conditional zoning agreement will be drafted. The conditions of the new ordinance area listed
below.
a. The development shall have only one access onto Highway 1 which shall be located
at Sunset Street. No additional vehicle access points onto Highway shall be permitted.
b. No outdoor storage of merchandise or material shall occur within 100 feet of the
Highway 1 right-of-way. Storage areas located beyond 100 feet of the Highway 1 right-
of-way shall be screened with a solid wall at least 6 feet in height. A planted landscape
bed, a minimum of 15 feet in width shall be located adjacent to the wall. Owners shall
submit a concept plan illustrating a tree planting plan for landscape beds, to be
approved by the Director of Development Services.
c. There shall be a 10 -foot setback from Highway 1, which shall be landscaped with
ornamental trees and a mixture of evergreen and deciduous shrubs. No parking or
paving other than sidewalks shall be allowed within this 10 -foot setback.
d. Prior to the issuance of a building permit, approval of a landscaping plan by the City
Forester, consisting of ornamental trees and a mixture of evergreen and deciduous
shrubs to be located within the reduced setback area.
e. Provision of an access easement along the west side of the landscaped area of a size
and in a location to be determined in coordination with the City Engineer, which shall
be dedicated to the City, in a form of agreement acceptable to the City Attorney.
ANALYSIS:
Current Zoning: The property is currently zoned Intensive Commercial (CI -1). The purpose of
' In February of 1996, the CZA was amended to eliminate a requirement to provide access
to the property to the south (Ord. 96-3721). This condition was originally written in the
CZA to ensure access would be provided to the current airport property, should the
airport relocate from its existing location and subsequently redevelop. Because it was
decided to keep the airport at its existing location, this condition was removed.
C!
the CI -1 zone is to provide areas for those sales and service functions and businesses whose
operations are typically characterized by outdoor display and storage of merchandise, by
repair and sales of large equipment or motor vehicles, by outdoor commercial amusement
and recreational activities or by activities or operations conducted in buildings or structures
not completely enclosed.
The subject property, along with what is currently known as 1375, 1411, and 1445 U.S.
Highway 1 West, were annexed into the City and rezoned to the current CI -1 zoning
designation in 1993, with the intent of accommodating development of a Menards home
improvement store on the property assemblage (referred to in the CZA as the Dane tract).
When the CI -1 zoning was put into place, staff had concerns about the property's aesthetics,
particularly as this new shopping center would act as a southwestern gateway into the City.
Concerns regarding aesthetics and traffic circulation were addressed in the CZA through the
provision of adequate landscaping, screening and buffer yards, the coordination of individual
building design throughout the Dane tract assemblage, and the provision of an adequate
traffic circulation route for the Dane tract and adjacent parcels. While past staff reports do
not provide a specific reason as to why a 30 -foot setback from Highway 1 is required, staff
believes this condition was put into place to provide a generous amount of landscape
screening and yard buffering from the parking and outdoor storage areas of the Menards
property and Highway 1.
Proposed Zoning: Condition 4(o) from the existing CZA currently states the following, "There
shall be a 30 -foot setback from Highway 1, which shall be landscaped with a mixture of
evergreen and deciduous trees. No parking or paving other than sidewalks shall be allowed
within this 30 -foot setback."
The subject rezoning request wishes to reduce the required setback from Highway 1 West
from 30 feet to 10 feet, with landscaping placed in the newly reduced setback area. The
applicant has asserted that reducing the setback requirement will maintain consistency with
the setback of the recently developed parcel at 1275 Highway 1 West, in addition to other
commercial areas located to the south and east of the subject property along Highway 1
West.
Staff recognizes that the purpose and surrounding character of the subject property and Dane
tract assemblage has changed since the CZA was originally drafted in 1993. First, the
Menards store which previously occupied 1375 Highway 1 West has since been relocated.
However, as long as the CI -1 zoning is in place at this location, uses of similar intensity and
character may take residence at the former Menards site. Second, the Dane tract assemblage
no longer acts as a gateway to the city. Various forms of commercial development have since
located in areas more adjacent to the Highway 1/Route 218 interchange, with the
southwestern City limits now pushed west of Route 218. Finally, the property located directly
east of the subject property, at 1275 Highway 1 West, built a parking lot with a setback
distance similar to the requested 10 -foot setback the applicant is proposing for the property
at 1335 Highway 1 West.
Rezoning Review Criteria:
Staff uses the following two criteria in the review of rezonings:
1. Consistency with the comprehensive plan;
2. Compatibility with the existing neighborhood character.
5
Consistency with the Comprehensive Plan: The current CI -1 zoning designation complies
with the future land use direction of Intensive Commercial set forth in the Comprehensive
Plan. The South Central District Plan also recognizes this area as suitable for Intensive of
Highway Commercial use. The District Plan calls out the need to upgrade landscaping and
pedestrian access along commercial corridors on Highway 1, as properties develop and
redevelop along the corridor.
The proposed CZA amendment would result in new paving being laid down in the newly
reduced setback area on 1335 Highway 1 West. The new paving would result in the loss of
four mature honey locust trees. To mitigate this loss, staff is proposing that a condition of
the CZA be the provision of a landscaping plan, containing a mixture of ornamental trees
and shrubs in the reduced setback area that will be approved by the City Forester.
Staff is also recommending a condition of the rezoning be the provision of an access
easement along the west side of the property that would allow for a potential future
crosswalk across Highway 1 and connect the subject property with the existing trail network
along the north side of Highway 1 West.
Compatibility with the Existing Neighborhood Character: The surrounding neighborhood
is generally comprised of Intensive Commercial (CI -1) zoning and land use. Low density
single-family residential housing can be found on the north side of Highway 1 West. Despite
the CZA's original intention to have the existing 30 -foot setback area landscaped with a
mixture of evergreen and deciduous trees, the setback area has seen very little landscaping
installed over the years. The subject property does contain four honey locust trees that
have since reached maturity. The property at 1441 Highway 1 West does not contain any
trees or shrubs in the setback area, while the property at 1445 Highway 1 West contains a
small tree and shrub mixture along the northern edge of its parking lot.
The property to the east, located at 1275 Highway 1 West, is not a part of the Dane tract
assemblage. This property was developed in 2017, and its parking lot is setback about 10
feet from the Highway 1 right-of-way. The setback area on this lot is landscaped with a
mixture of shrubs and ornamental tall grass. It is possible that landscaping enhancements
to the reduced setback area on 1335 Highway 1 West will match the existing landscaping
at 1275 Highway 1 West. While the new landscaping in this area would provide some
variety in trees and shrubs closer to Highway 1, it would also result in the loss of four
existing trees and alter the setback line for the adjoining Dane tract properties to the west.
To help preserve the existing Highway 1 West corridor aesthetic, the new ordinance will
carry over an existing condition on the subject property that does not allow outdoor storage
of merchandise or material within 100 feet of the Highway 1 right-of-way.
Traffic Implications and Access: The proposed additional paving will provide a means of
internal access along the north side of the building. To reduce points of conflict with
Highway 1 West, the new ordinance will carry over an existing condition on the subject
property that will not allow new curb cuts onto Highway 1 West. The subject property does
have access to the greater development's interior access road, which leads to a drive that
provides access to the Hwy 1 West and Sunset Street intersection. Staff does not believe
that the rezoning will result in any major traffic implications.
Utilities: A sanitary sewer easement spans the existing 30 -foot wide setback area. The
LIS
sanitary sewer main runs beneath the middle of the easement area. Public Works staff has
indicated that they are comfortable with additional paving in this area but are reluctant to
allow large trees within the proposed 10 -foot wide setback area. Because of the nearby
sanitary sewer main as well as the existence of overhead power lines that run near the
proposed setback area, any replacement landscaping in the reduced setback area would
consist of a mixture of smaller, ornamental trees and shrubs.
NEXT STEPS:
Upon recommendation of approval of the rezoning from the Planning & Zoning Commission,
a public hearing will be scheduled for consideration of the application by City Council.
STAFF RECOMMENDATION:
Staff recommends that an application submitted by Focus Development for a rezoning from
Intensive Commercial (CI -1) to CI -1 for approximately 0.53 acres of land located at 1335
Highway 1 West be approved, subject to the following conditions:
1. The development shall have only one access onto Highway 1 which shall be located
at Sunset Street. No additional vehicle access points onto Highway shall be permitted.
2. No outdoor storage of merchandise or material shall occur within 100 feet of the
Highway 1 right-of-way. Storage areas located beyond 100 feet ofthe Highway 1 right-
of-way shall be screened with a solid wall at least 6 feet in height. A planted landscape
bed, a minimum of 15 feet in width shall be located adjacent to the wall. Owners shall
submit a concept plan illustrating a tree planting plan for landscape beds, to be
approved by the Director of Development Services.
3. There shall be a 10 -foot setback from Highway 1, which shall be landscaped with
ornamental trees and a mixture of evergreen and deciduous shrubs. No parking or
paving other than sidewalks shall be allowed within this 10 -foot setback.
4. Prior to the issuance of a building permit, approval of a landscaping plan by the City
Forester, consisting of ornamental trees and a mixture of evergreen and deciduous
shrubs to be located within the reduced setback area.
5. Provision of an access easement along the west side of the landscaped area of a size
and in a location to be determined in coordination with the City Engineer, which shall
be dedicated to the City, in a form of agreement acceptable to the City Attorney.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Concept Plan
4. Concept Landscape Plan
5. Ordinance No. 96-3721
Approved by:
Danielle Sitzman, AICP, Development Services Coordinator,
Department of Neighborhood and Development Services
CONDITIONAL ZONING AGREEMENT EXHIBIT
1335 HIGHWAY 1 WEST
IOWA CITY, IOWA
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LEGAL DESCRIPTION:
LOT 1 OF D AND L SUBDIVISION, IOWA CITY, IOWA, IN
ACCORDANCE WITH THE THE PLAT THEREOF RECORDED IN
BOOK 35, PAGE 86 OF THE RECORDS OF THE JOHNSON
COUNTY RECORDERS OFFICE.
STANDARD LEGEND AND NOTES
- PROPERTY &/or BOUNDARY LINES
- CONGRESSIONAL SECTION LINES
------------- - RIGHT-OF-WAY LINES
- - - - - - - - EXISTING RIGHT-OF-WAY LINES
- CENTER LINES
- EXISTING CENTER LINES
- LOT LINES, INTERNAL
- LOT LINES, PLATTED OR BY DEED
— — — — — — - PROPOSED EASEMENT LINES
- EXISTING EASEMENT LINES
-010 - BENCHMARK
(R) - RECORDED DIMENSIONS
22-1 - CURVE SEGMENT NUMBER
-EXIST- -PROP-
- POWER POLE
- POWER POLE W/DROP
- POWER POLE W/TRANS
- POWER POLE W/LIGHT
- GUY POLE
r� - LIGHT POLE
OO - SANITARY MANHOLE
11 Dyl L - FIRE HYDRANT
AIS° g - WATER VALVE
OO ® - DRAINAGE MANHOLE
❑ - CURB INLET
X X - FENCE LINE
( - EXISTING SANITARY SEWER
- PROPOSED SANITARY SEWER
- EXISTING STORM SEWER
:< - PROPOSED STORM SEWER
- WATER LINES
E - ELECTRICAL LINES
T - TELEPHONE LINES
G - GAS LINES
- - - - - - - - - - - CONTOUR LINES (1' INTERVAL)
PROPOSED GROUND
EXISTING TREE LINE
0 EXISTING DECIDUOUS TREE & SHRUB
- EXISTING EVERGREEN TREES & SHRUBS
THE ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACILITIES
SHALL BE VERIFIED WITH CONSTRUCTION DOCUMENTS, WHICH
ARE TO BE PREPARED AND SUBMITTED SUBSEQUENT TO THE
APPROVAL OF THIS DOCUMENT.
1335 HIGHWAY 1 W
LOCATION MAP
NOT TO SCALE
0.53 AC.
CIVIL ENGINEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319) 351-8282
www.mmsconsultants.net
Date Revision
04-20-20 PER CITY COMMENTS -JDM
CONDITIONAL
ZONING AGREEMENT
EXHIBIT
1335 HIGHWAY 1 W
D AND L SUBDIVISION
LOT 1
IOWA CITY
JOHNSON COUNTY
STATE OF IOWA
MMS CONSULTANTS, INC.
Date.
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Project No:
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LANDSCAPE PLAN
1335 HIGHWAY 1 WEST
IOWA CITY, IOWA
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LOCATION MAP
NOT TO SCALE
PLANT L 1ST — TREES
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POTANICAL NAME
COMMON NAME
I��
COMMENT
MATME
SIZE
3
MP
MALUS 'PRAIRIE FIRE'
SYRINOA RETICULATA 'IVORY SILK'
PRAIRIE FIRE CRABAPPLE
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PLANT LIST — SHRUf�s, PERENNIALS, ORNAMENTAL GRASSES & GROUNPOOVER
QTY
KEY
BOTANICAL NAME
66WON NAME
IN ZE
COMMENT
MATURE
SIZE
10
05
CORNUS SERICEA tAILAPELINE
FIREPANCE P06WOOP
15 -1T-
CONT.
4' X 5'
14
LANDSCAPE PLAN
1335 HIGHWAY 1 WEST
IOWA CITY, IOWA
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GRAPHIC SCALE IN FEET
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1335 HIGHWAY 1 W
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LOCATION MAP
NOT TO SCALE
PLANT L 1ST — TREES
QTY KEY
POTANICAL NAME
COMMON NAME
I��
COMMENT
MATME
SIZE
3
MP
MALUS 'PRAIRIE FIRE'
SYRINOA RETICULATA 'IVORY SILK'
PRAIRIE FIRE CRABAPPLE
IVORY SILK JAPANESE TREE LILAC
1 1/2 GAL.
I3 & 6
2d X 20,
2
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B & B
25' X W
PLANT LIST — SHRUf�s, PERENNIALS, ORNAMENTAL GRASSES & GROUNPOOVER
QTY
KEY
BOTANICAL NAME
66WON NAME
IN ZE
COMMENT
MATURE
SIZE
10
05
CORNUS SERICEA tAILAPELINE
FIREPANCE P06WOOP
15 -1T-
CONT.
4' X 5'
14
PA
PICEA ABIES 'NANA'
DWARF NORWAY SPRUCE
15" 11T.
CONT-
5' X 6'
0.53 AC.
CIVIL ENGINEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319) 351-8282
www.mmsconsultants.net
Date I Revision
LANDSCAPE
PLAN
1335 HIGHWAY 1 W
D AND L SUBDIVISION
LOT 1
IOWA CITY
JOHNSON COUNTY
STATE OF IOWA
MMS CONSULTANTS, INC. e
N
Date.
04-17-2020 a
Designed by:
Field Book No: N
J D M
1270,1273,1275
Drawn by:
Scale:
BAH
1
Ghecked by:
Sheet No: o
JDM
Project No:
IOWA CITY
0
7331-055
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Late Handouts Distributed
MINUTES 6, _ % - -12-0 FINAL
PLANNING AND ZONING COMMISSION
MAY 7, 2020 -7:00 PM (Date)
Zoom Meeting Platform
MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Phoebe Martin, Max
Parsons, Mark Signs, Billie Townsend
MEMBERS ABSENT:
STAFF PRESENT: Ray Heitner, Sara Hekteon, Anne Russett
OTHERS PRESENT: Jon Marner
Electronic Meeting
(Pursuant to Iowa Code section 21.8)
An electronic meeting is being held because a meeting in person is impossible or impractical
due to concerns for the health and safety of Commission members, staff and the public
presented by COVID-19.
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 5-1-1 (Martin dissenting, Townsend abstaining) the Commission recommends
approval of REZ 20-01, an application submitted by Focus Development for a rezoning from
Intensive Commercial (CI -1) to CI -1 for approximately 0.53 acres of land located at 1335
Highway 1 West. The request is to modify the conditions associated with the property's zoning
designation in order to reduce the required landscaped front setback area along Highway 1 from
30 feet to 10 feet, with landscaping consisting of ornamental trees and a mix of evergreen and
deciduous shrubs and no parking or paving other than sidewalks; subject to the following
conditions:
1. The development shall have only one access onto Highway 1 which shall be located
at Sunset Street. No additional vehicle access points onto Highway shall be permitted.
2. No outdoor storage of merchandise or material shall occur within 100 feet of the
Highway 1 right-of-way. Storage areas located beyond 100 feet of the Highway 1 rightof-
way shall be screened with a solid wall at least 6 feet in height. A planted landscape
bed, a minimum of 15 feet in width shall be located adjacent to the wall. Owners shall
submit a concept plan illustrating a tree planting plan for landscape beds, to be
approved by the Director of Development Services.
3. There shall be a 10 -foot setback from Highway 1, which shall be landscaped with
ornamental trees and a mixture of evergreen and deciduous shrubs. No parking or
paving other than sidewalks shall be allowed within this 10 -foot setback.
4. Prior to the issuance of a building permit, approval of a landscaping plan by the City
Forester, consisting of ornamental trees and a mixture of evergreen and deciduous
shrubs to be located within the reduced setback area.
5. Provision of an access easement along the west side of the landscaped area of a size
and in a location to be determined in coordination with the City Engineer, which shall
be dedicated to the City, in a form of agreement acceptable to the City Attorney.
Planning and Zoning Commission
May 7, 2020
Page 2 of 8
Hensch called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
CASE NO. REZ20-01:
Applicant: Focus Development
Location: 1335 Highway 1 West
An application submitted by Focus Development for a rezoning from Intensive Commercial (CI -1)
to CIA for approximately 0.53 acres of land located at 1335 Highway 1 West. The request is to
modify the conditions associated with the property's zoning designation in order to reduce the
required landscaped front setback area along Highway 1 from 30 feet to 10 feet, with
landscaping consisting of ornamental trees and a mix of evergreen and deciduous shrubs and no
parking or paving other than sidewalks.
Heitner began the report with an aerial view of the subject property and the surrounding zoning,
CIA zoning more or less surrounds the subject property. There is some residential zoning across
the street on Highway 1 but generally this is a fairly intensive commercial area. Heitner showed
another image of the subject property and its distance from Highway 1, it shows approximately
30 feet of separation or setback distance. Heitner noted the subject property along with three
other properties, known as Dane tract, were annexed into the City in 1993 and rezoned to CIA
(Intensive Commercial). At that time there was a pretty detailed conditional zoning agreement
that accompanied that rezoning with the attempt to soften some of the impacts that might
normally be associated with intensive commercial being that this larger development was going
to, at that time, act as an entryway or gateway to the City. The Planning Commission and
Council back in 1993 wanted to be very mindful of trying to produce a nice welcoming aesthetic
into the City even with the land use being appropriate for intensive commercial and complying
with the Comprehensive Plan.
Heitner stated the current request is to modify conditions associated with the current zoning
designation in order to reduce the required landscape and the front setback area on Highway 1
from 30 feet to 10 feet with landscaping consisting of ornamental trees and a mix of evergreen
and deciduous shrubs and no parking or paving other than sidewalks. Heitner noted it is
important to know that with this rezoning request the CIA zoning will be maintained, but the
request would involve adoption of a new ordinance and conditional zoning agreement (CZA) for
this parcel.
Heitner showed the concept plan submitted by the applicants for the subject property. The plan
showed where they're proposing landscaping and the additional paving that they would like to
put in the area that's currently within 30 -foot setback. The applicant is hoping to reduce the
setback down to 10 feet.
Planning and Zoning Commission
May 7, 2020
Page 3 of 8
Heitner reiterated the current zoning is CI -1 and that zoning designation is typically suited for
outdoor sales of larger equipment and motor vehicles, commercial amusement or recreational
activities. Again this property is part of a larger assemblage that was rezoned into the City in
1993 as part of the old Menards development. The CZA that was drafted at the time wanted to
be very mindful of the gateway aesthetics into the City and how circulation needs would be
addressed within this development. The request tonight is to maintain the CI -1 zoning but reduce
the setback from 30 feet to 10 feet. The reduced setback area would be landscaped. The
applicant believes that the rear setback area will be consistent with other properties on the
Highway 1 West corridor. Heitner showed an image of the subject property looking west and
noted the current 30 -foot setback going pretty much up to the building edge and the four honey
locust trees in the setback area currently would have to be removed if there was additional
paving put in this area.
Heitner also wanted to note as mentioned in the staff report there have been some changes to
this general area since 1993. The anchor tenant for the larger development, Menards, relocated
west of Highway 218 a few years ago and since 1993 there's been considerably more
development southwest of the Dane track (car dealerships, offices, some residential). A third
point he wanted to bring up here is the property to the east (1275 Highway 1 West, which is not
part of the Dane track) does have an existing 10 -foot setback.
Heitner next reviewed the criteria staff uses in its review of rezonings. First is consistency with
the Comprehensive Plan and second is compatibility with the existing neighborhood character. In
terms of consistency with Comprehensive Plan, both the Comp Plan and the South Central
District Plan indicate this subject property is appropriate for intensive commercial. There are a
couple conditions related to goals of the Comprehensive Plan that staff is recommending with
this rezoning. First is a provision of a landscaping plan containing mature ornamental trees and
shrubs in the reduced setback area that will be approved by the City Forester. Heitner noted that
condition attempts to get to the City's land use goals pertaining to emphasizing green
components along arterials and major entries to the City. Second condition is the provision of an
access easement along the west side of the property that would allow for potential future
crosswalk across Highway 1 connecting the subject property with the existing trail network on the
north side of Highway 1 West. Heitner reiterated this is a condition that gets to the transportation
goals in the Comp Plan encouraging pedestrian oriented development and closing gaps within
the sidewalk network.
Heitner showed the landscape plan that the applicant submitted, noting it was just a draft
landscaping plan, staff does anticipate that another landscaping plan may be submitted for this
development. There are five ornamental trees shown on this landscaping plan and about two
dozen shrubs within the reduced setback area. Staff asked for ornamental trees because there
are some overhead power lines in this area and the City Forester wanted to be mindful of larger
trees not having conflicts with those power lines. Heitner next showed an image of where staff is
requesting the access easement on the southwest corner of the property.
Heitner stated in terms of compatibility with the existing neighborhood, there is some low-density
single family north of Highway 1 but generally speaking the area's more or less surrounded by
intensive commercial. The new ordinance will carry over a condition from the existing CZA that
would not allow outdoor storage of merchandise within 100 feet of the Highway 1 right-of-way to
preserve a nice corridor aesthetic. Heitner showed another image looking west on Highway 1
Planning and Zoning Commission
May 7, 2020
Page 4 of 8
and noted there isn't a great deal of landscaping within this 30 -foot setback area and the Toyota
dealer has a mix of ornamental trees and shrubs like the applicant is proposing here. Looking
from the Toyota dealership to the east the landscaping that has been installed is just smaller
shrubs and trees. Overall there is some limited early landscaping within that setback areas but
not a great degree of landscaping that's mature at this point.
In terms of traffic implications and access, the applicant is requesting the change in setback
regulation to allow for more paving on the north side of the building. Staff is recommending
carrying over a condition from the existing CZA that would not allow any additional points of
access onto Highway 1 West. With respect to utilities, there is a 30 -foot -wide sanitary sewer
easement between the existing setback line and the Highway 1 West right-of-way. City public
works staff in review of this application has said that they are comfortable with pavement and
smaller trees and bushes being placed within this easement area. The sanitary sewer
infrastructure is fairly deep underneath this area which is why public works is comfortable with
some coverage in this area but again they wouldn't want any permanent structures put in this
easement area.
Heitner stated the role of the Commission tonight is to determine whether the rezoning complies
with Comprehensive Plan and is compatible with the existing neighborhood character. Pending
approval of this item, City Council would hold a public hearing on the item.
Staff recommends that an application submitted by Focus Development for a rezoning from
Intensive Commercial (CI -1) to CI -1 for approximately 0.53 acres of land located at 1335
Highway 1 West be approved, subject to the following conditions:
1. The development shall have only one access onto Highway 1 which shall be located
at Sunset Street. No additional vehicle access points onto Highway shall be permitted.
2. No outdoor storage of merchandise or material shall occur within 100 feet of the
Highway 1 right-of-way. Storage areas located beyond 100 feet of the Highway 1 right-of-
way shall be screened with a solid wall at least 6 feet in height. A planted landscape
bed, a minimum of 15 feet in width shall be located adjacent to the wall. Owners shall
submit a concept plan illustrating a tree planting plan for landscape beds, to be
approved by the Director of Development Services.
3. There shall be a 10 -foot setback from Highway 1, which shall be landscaped with
ornamental trees and a mixture of evergreen and deciduous shrubs. No parking or
paving other than sidewalks shall be allowed within this 10 -foot setback.
4. Prior to the issuance of a building permit, approval of a landscaping plan by the City
Forester, consisting of ornamental trees and a mixture of evergreen and deciduous
shrubs to be located within the reduced setback area.
5. Provision of an access easement along the west side of the landscaped area of a size
and in a location to be determined in coordination with the City Engineer, which shall
be dedicated to the City, in a form of agreement acceptable to the City Attorney.
Hensch asked a question on condition number one, the development shall have only one access
onto Highway 1 and located at Sunset Street but said there currently isn't one because that's just
a private frontage road to the south. Heitner noted they can clarify that in the condition, they
were just referring to the access to the interior road that leads out to Sunset. Hensch feels that
language is confusing and perhaps the City Attorney could look at that language.
Planning and Zoning Commission
May 7, 2020
Page 5 of 8
Parsons asked if the applicant has said what's going into that property and do they have any
plans to modify the existing structure. Heitner noted that would be a good question for the
applicant.
Parsons asked why Toyota of Iowa City has a bunch of cars parked on the grass and if that is
unknowingly violating any kind of code for that area. Heitner said staff will look into that
Dyer asked what the applicant is going to do with it the 20 feet they are gaining. Heitner said his
understanding is that 20 feet that they're looking to gain with this rezoning would be just for
paving. Dyer asked if it would be for a driving area or parking. Heitner believes driving.
Signs noted it could perhaps be used as a drive through area.
Hensch opened the public hearing.
Jon Marner (MMS Consultants) spoke to the Commission on behalf of Focus Development and
Ben Logsdon. First he wanted address the landscape plan and try to address some of the
questions that that the Commission members have there. As Heitner laid out and illustrated with
his presentation, the goal is to reduce that landscape setback or the area from 30 feet to 10 feet.
Primarily right now the objective is to pave that area between the building and where those
proposed shrubs are. It's about 20 feet wide, maybe a little bit more than that, but there's not
really room for parking there. Primarily it would be to promote better access through the site.
Right now on the site there's a separated parking lot on the north side, and then there's a
separated parking lot on the south side, both for the same building, with one entrance and it's not
the most vehicular friendly or pedestrian friendly to be able to maneuver around the site and
have access to the building entrances. So that's one of the purposes is to facilitate better traffic
flow through the site. Regarding a possible drive through Marner thinks that's a likely use but the
applicant doesn't have a tenant in mind right now. If a drive through was wanted, a special
exception would have to be applied for in order to get the drive through use. But even if it wasn't
a drive through having the parking areas connected on that north side promotes better vehicular
access through the site. Marner noted one of the other things that came up during their concept
discussions was the possibility of adding a little bit of additional green space on the north side of
the building, right next to the building, instead of having the entire building completely
surrounded by pavement and concrete. The applicant has no issues with the sidewalk access
and can plan accordingly and work with the city engineer and staff to try and accommodate a
sidewalk connection or an access easement wherever they saw best in that location.
Marner also added this request is consistent with the property immediately to the north as far as
the pavement setback of 10 feet. That same pavement setback of 10 feet is consistent with the
rest of the car dealerships and everything else on that corridor. Also because of the traffic
speeds that are posted, Sunset Street functions as a natural break in that gateway entranceway
into Iowa City and then that downward transition into a little bit slower speed limit as you begin to
enter Iowa City. Marner believes this is a natural point to start to shift from a wider entryway
corridor to starting to narrow it down in scope a little bit as one continues into the area. He feels it
fits with the character and the intent of what some of the concerns from the original Planning
Commission had back in 1993.
Hensch closed the public hearing.
Planning and Zoning Commission
May 7, 2020
Page 6 of 8
Parsons moved to approve REZ 20-01, an application submitted by Focus Development
for a rezoning from Intensive Commercial (CI -1) to CIA for approximately 0.53 acres of
land located at 1335 Highway 1 West. The request is to modify the conditions associated
with the property's zoning designation in order to reduce the required landscaped front
setback area along Highway 1 from 30 feet to 10 feet, with landscaping consisting of
ornamental trees and a mix of evergreen and deciduous shrubs and no parking or paving
other than sidewalks, also subject to the five conditions listed in tonight's staff report.
Signs seconded the motion.
Signs agrees the changes are consistent with everything as you head into town from there on,
it's pretty much the same setbacks and same basic look.
Martin explained why she will not be voting in agreement with this. She feels they are in a
position, especially considering that they only have a few openings into Iowa City, to look into the
area and what the look of the area should be. She is not hearing a compelling argument as to
why they should lose 20 feet of green space for 20 feet of paving. Perhaps when there's an
applicant or specified tenant it would make more sense, but just a blanket yes she does not
agree with.
Hensch commented while he agrees with what Martin says but since the neighbor to the
northeast has the same conditions that this applicant is proposing it seems pretty odd to not
allow this but yet the one right next door has it. There fore he will be voting in favor of this
application.
A vote was taken and the motion passed 5-1-1 (Martin dissenting, Townsend abstaining).
Townsend had some tech problems and missed the applicant's testimony and vote.
CONSIDERATION OF MEETING MINUTES: April 2,2020:
Signs moved to approve the meeting minutes of April 2, 2020.
Baker seconded.
A vote was taken and the motion passed 7-0.
PLANNING AND ZONING INFORMATION:
Russett gave a few couple quick updates. First was the application on 315 East Prentiss Street
which was the rezoning into the Riverfront Crossings District. That application has been
submitted for design review, so staff is currently reviewing their design review application and
Russett will give the Commission an update as it moves forward. Second, the same is true for
the Kum & Go rezoning on South Gilbert, it is also going through the Riverfront Crossings form -
based code design review process at this time. They also submitted an application for a special
exception to get a waiver from the minimum two-story height requirement in that district and the
Board of Adjustment did approve that waiver with a condition that they design the building in
Planning and Zoning Commission
May 7, 2020
Page 7 of 8
such a way that it appears to be two-story, so the exterior walls will be taller, but it won't actually
be two stories.
ADJOURNMENT:
Baker moved to adjourn.
Dyer seconded.
A vote was taken and the motion passed 7-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2019-2020
KEY:
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
1/17
(W.S.)
2/4
2/21
3/7
3/21
4/4
4/18
5/16
6/6
6/20
7/18
8/15
9/5
10/3
10/17
11/7
BAKER, LARRY
X
X
X
X
X
X
X
O/E
X
X
X
X
X
O/E
X
X
DYER, CAROLYN
O/E
X
X
X
X
X
X
O/E
X
X
X
X
X
O/E
X
X
FREERKS, ANN
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
HENSCH, MIKE
X
X
X
X
O/E
X
X
X
X
O/E
X
X
X
X
X
X
MARTIN, PHOEBE
X
O/E
X
X
X
O/E
X
X
X
X
O/E
O/E
X
X
X
X
PARSONS, MAX
X
X
X
X
X
X
X
X
X
X
X
X
O/E
X
X
X
SIGNS, MARK
X
X
X
X
X
O/E
X
X
X
X
O/E
X
X
X
X
X
TH E O BAL D, J O D I E
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
TOWNSEND, BILLIE
X
X
X
O/E
X
X
X
X
X
X
X
X
X
X
X
X
KEY:
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
BAKER, LARRY
DYER, CAROLYN
HENSCH, MIKE
MARTIN, PHOEBE
:
• =
moo
�� �����
KEY:
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
STAFF PRESENTATION TO FOLLOW:
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CITY OF lOVVA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(319) 356-5000
(3I9) 356-5009 FAX
www.icgov.org
Item 10.a.: Rezoning —1335 Highway 1 West
REZ20-01
An ordinance conditionally rezoning approximately 0.53 acres of land
located at 1335 Highway 1 West from Intensive Commercial (CI -1) to (CI -
1). (First Consideration)
CONDITIONAL ZONING AGREEMENT EXHIBIT
1335 HIGHWAY 1 WEST
IOWA CITY, IOWA
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Review Criteria
Rezoning criteria:
• Compliance with the comprehensive plan
• Compatibility with the existing neighborhood
Consistency with the
Comprehensive Plan
Comprehensive Plan
o Intensive Commercial
South Central District Plan Land Use Map (see
map):
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Compatibility with the Existing
Neighborhood
Low Density Single -Family north of
Highway 1
Intensive Commercial to the south,
east, and west
New ordinance will carry over existing
condition that will not allow outdoor
storage of merchandise within 100' of
Hwy. 1 ROW.
FI
Changed Conditions
Changes to the general area since 1993 include:
1. Relocation of the development's anchor tenant, Menards.
2. Additional commercial development southwest of the Dane Tract.
3. Existing 10' setback for 1275
property)
Hwy. 1 West (east of the subject
Utilities
CONDITIONAL ZONING AGREEMENT EXHIBIT
1335 HIGHWAY 1 WEST
There is a 30' wide sanitary IOWA CITY, IOWA
sewer easement betweenthe existing setback line
m
and the Hwy 1 West ROW.
Public Works staff has
reviewed and approved t
addition of pavement and
smaller trees/bushes being
placed within this -
easement area.
i
Annexation & Rezoning w. conditions to
Intensive Commercial CI -1 as a part of the
Dane Tract (Feb 1993)
Rezoning to same District designation with
alteration of conditions - P&Z
recommendation to City Council
Site Plan Review -Staff
Planning &Zoning Commission
Recommendation
The Planning & Zoning Commission recommends approval of REZ20-01, a rezoning
to alter the conditions placed on the existing Intensive Commercial (CI -1) for
approximately 0.53 acres of land located at 1335 Highway 1 West, subject to the
following five conditions:
1. The development shall have only one access onto Highway 1. (same)
2. No outdoor storage of merchandise or material shall occur within 100 feet of the Highway 1
right-of-way. Owners shall submit a concept plan illustrating a tree planting plan for landscape
beds, to be approved by the Director of Development Services. (same)
3. There shall be a 10 -foot setback from Highway 1, which shall be landscaped with ornamental
trees and a mixture of evergreen and deciduous shrubs. No parking or paving other than
sidewalks shall be allowed within this 10 -foot setback. (new)
4. Prior to the issuance of a building permit, a landscaping plan must be approved by the City
Forester. (new)
5. Provision of an access easement along the west side of the landscaped area of a size and in a
location to be determined in coordination with the City Engineer, which shall be dedicated to
the City, in a form of agreement acceptable to the City Attorney. (new)
STAFF PRESENTATION CONCLUDED
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CITY OF IOWA CITY
410 East Washington Strect
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 19) 356-5009 FAX
www. icgov. o rg
FEE Vyl�D
STATE OF IOWA I
_. ) SS
JOHNSON COUNTY)
P, C . t) /A• k Iv
CITY OF IOWA CITY
I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 96-3721, which
was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day
of March, 1996, all as the same appears of record in my office.
Dated at Iowa City, Iowa, this 28th day of March, 1996.
Marian K. Karr
City Clerk
lord
CORPORATE SEAL
1995 APR - I AM 8: 28
410 LAST WASHINGTON STREET IOW�C fffrrrrrr```"`////// Uipo-40 SL501126.•4719) ]361000•FAX {719) 756•5009
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Prepared by; Charles Denney, Assoc. Planner, City of Iowa City, 410 E. Washington S
Iowa City, IA 52240; (319) 356-5247
ORDINANCE NO. 96-3721
AN ORDINANCE AMENDING THE
CONDITIONAL ZONING AGREEMENT FOR THE
D&L SUBDIVISION, LOCATED SOUTHEAST OF
THE INTERSECTION OF HIGHWAY 7 AND
SUNSET STREET
WHEREAS, on March 16, 1993, the City
Council approved Ordinance No. 93-3563,
(hereinafter "Ordinance") rezoning an
approximate 19.18 acre property known as the
Dane Tract, from County C-2, Commercial and
A-1, Rural, to CI -1, Intensive Commercial, a
portion of which was subsequently platted and
is known as the D&L Subdivision; and
WHEREAS, said Ordinance authorized
execution of a Conditional Zoning Agreement
between the City of Iowa City (City) and Harold
John Dane, Jr. and Allegra Dane ("Owners"),
which agreement limited development of the
subject property; and
WHEREAS, Condition 4.b set forth in the
Agreement required that an Internal circulation
system be provided and that access to
properties to the north and south also be
provided; and
WHEREAS, at the time the property was
annexed and rezoned the future of the Iowa
City Municipal Airport was uncertain; and
WHEREAS, the City Council has decided
that the Airport will remain in its present
location; and
WHEREAS, the decision that the Airport will
remain in its present location negates the need
to provide access to property to the south, that
is owned by the Airport; and
WHEREAS, the City and Owners now wish
to amend the original Conditional Zoning
Agreement to eliminate the requirement to
provide access to property to the south of the
D&L Subdivision, which amended Agreement is
attached hereto and incorporated by reference
herein.
r : • !057 FACE 151
Ordinance No. 96_3721
Page 2
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. Ordinance 93-3563 and the
accompanying Conditional Zoning Agreement
are amended by deleting Section 4.b of the
Agreement in its entirety and adopting in lieu
thereof the following:
4.b) Future development of the Dane tract
shall include an internal circulation drive
which will provide access to any
development on the annexed property, as
well as access to the property located north
of the Dane tract. This internal drive and
access shall be shown on all site plans for
future development.
SECTION ll. AMENDED CONDITIONAL
ZONING AGREEMENT, CERTIFICATION AND
RECORDING. Following final passage and
approval of this Ordinance, the Mayor is hereby
authorized and directed to sign, and the City
Clerk to attest, the Amended Conditional
Zoning Agreement between the property
owners and the City, and after said execution,
the City Clerk is hereby directed to certify a
copy of this Ordinance and the Amended
Conditional Zoning Agreement for recordation
in the Office of the Recorder, Johnson County,
Iowa, at the Owner's expense, all as provided
by law.
SECTION III. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions 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 unconsti-
tutional.
2057)AGE 152
s
f
Ordinance No. 96-3721
Page 4
It was moved by Nnrtnn and seconded by I ahman that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Baker
7— Kubby
x Lehman
x Norton
K Novick
x— Thomberry
Vanderhoef
First Consideration 3/5/96
Vote for passage: AYES: Vanderhoef, Baker, Kubby, Norton, Novick,
Thornberry. NAYS: None. ABSENT: Lehman.
Second Consideration _
Vote for passage:
Date published 4/3/96
Moved by Norton, seconded by Kubby, that the rule requiring ordinances
to be considered and voted on for passage at two council meetings
prior to the meeting at which it is to be finally passed be suspended, the
second consideration and vote be waived and the ordinance be voted upon for
final passage at this time. AYES: Kubby, Lehman, Norton, Novick.
Thornberry, Vanderhoef, Baker. NAYS: None. ABSENT: None.
?05 i AGE 154
Ordinance No, 96_3721
Page 3
lcQpioj�a
SECTION V. EFFECTIVE DATE. This Ordi•
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved. this 26th day of
March , 1996 .
(�aNw _'l CSW
MAYOR
ATTEST._
CITY CLEW
1 •'�i/� .✓Iii.
I
ppdadm1n1D&L.vd
4. 62057 rac¢ 153
Prepared by: Charles Denney, Assoc. Planner, City of Iowa City, 410 E. Washington St.,
Iowa City, IA 52240; (319) 356-5247
AMENDED CONDITIONAL ZONING AGREEMENT
This agreement is made by and between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter "the City") and Harold John Dane, Jr. and Allegra Dane (hereinafter "Owners").
WHEREAS, Owners are legal title holders of property located east of Highway 1 and west of
the Iowa City Municipal Airport, legally described in Exhibit "A" attached hereto; and
WHEREAS, on March 16, 1993 the City of Iowa City approved Ordinance 93-3563 rezoning
the approximate 19.18 acre tract of property formerly known as the Dane Tract from County
C-2, Commercial and A-1, Rural to CI -1, Intensive Commercial, a portion of which was
subsequently platted and is known as the D&L Subdivision; and
WHEREAS, said ordinance authorized execution of a Conditional Zoning Agreement between
the City and the Owners which limited development of the property; and
WHEREAS, said Ordinance and Agreement were recorded on March 22, 1993 in Book 1514,
Page 205 of the Johnson County Recorder's Office; and
WHEREAS, Condition 4.b set forth in said Agreement required that an internal circulation
system be provided and that access to properties to the north and south also be provided; and
WHEREAS, the City and Owners now wish to amend the Conditional Zoning Agreement to
delete the requirement for providing access to property to the south of the D & L Subdivision.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1 . The parties acknowledge that at the time they entered into the original Conditional
Zoning Agreement, the future of the Iowa City Municipal Airport was uncertain and
therefore, in order to limit major access points on Highway 1, access to the property
to the south was required through the subject property in case the airport moved to
another location. The parties further acknowledge that the City Council has decided
that the Airport will remain in its present location for some time, negating the need to
provide access to the airport through the subject property.
2. The Parties acknowledge that the original Conditional Zoning Agreement required that
access be provided to properties both north and south of the subject property.
3. The original Conditional Zoning Agreement dated February 23, 1993 and recorded in
Book 1514, Page 205 of the Johnson County Recorder's Office shall be and is hereby
amended by deleting Section 4.b in its entirety and inserting in lieu thereof the
following:
2057 race 155
b. Future development of the Dane tract shall include an internal circulation drive
which will provide access to any development on the annexed property, as well
as access to the property located north of the Dane tract. This internal drive
and access shall be shown on all site plans for future development.
4. The Parties acknowledge thatthe conditions contained herein are reasonable conditions
to impose on the land under Iowa Code §414.5 (1995) and are appropriate conditions
required to protect the public safety of both the residents in the area and the
community.
Owners acknowledge that in the event the subject property is transferred, sold,
redeveloped or subdivided, all redevelopment will conform with the terms of this
Agreement.
6. The Parties acknowledge that this Amended Conditional Zoning Agreement shall be
deemed to be a covenant running with the land and with the title to the land and shall
remain in full force and effect as a covenant running with the title to the land, unless
or until released of record by the City. The parties further acknowledge that this
Agreement shall inure to the benefit of and bind all successors, representatives and
assigns of the parties.
7. Nothing in this Agreement shall be construed to relieve the Owners from complying
with all applicable, local, state and federal regulations.
8. Nothing in this Amended Conditional Zoning Agreement in any way alters, amends or
modifies the original Conditional Zoning Agreement except as set forth above.
9. The Parties agree that the Iowa City City Clerk shall record this Amended Conditional
ZoningAAgreeement in the Johnson County Recorder's Office at Owners' expense.
Dated this CST day of
APPLICANT
4.:_205-1 AGI 156
1996.
CITY OF IOWA CITY, IOWA
By.
Naomi J.(Novicl a or
ATTEST:_ - ) X6dC.�
Mari I .ty Clerk
i314�,(�
644
CITY OF IOWA CITY
STATE OF IOWA
) SS
JOHNSON COUNTY)
1, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance. No. 93-3563
which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the
16thday of March _'119 93 , all as the same appears of record in my office
and published in the Iowa City Press -Citizen on the 24th day of March
19 93 .
Dated at Iowa City, Iowa, this 18th day of May , 19 93
Susan Walsh
Deputy City Clerk
CIVIC CENTER . 610 E. WASHINOTON ST.
IOWA CITY IOWA 52260-1626
F�
+�mQcea
1wd.h.cn
PHONE (719) 736.3000
FAX(519) 356-3009
Printer's fee $ //4 ?-.2-
CERTIFICATE
.2 -
CERTIFICATE OF PUBLICATION
STATE OF IOWA, Johnson County, ss:
THE IOWA CITY PRESS -CITIZEN
FED. ID # 42-0330670
I,
Margaret Rios, being duly sworn,
say that I am the legal clerk of
the IOWA CITY PRESS -CITIZEN,
a newspaper published in said
county, and that a notice, a
printed copy of which is hereto
attached, was published in said
paper time(s), on the
following date(s):
?�?n ,-I ay / 9?3
Legal Clerk
Subscribed and sw to befo e me
thisday of A.D.
ff
Notary Public
BS
SHARON STU to
S89 -48'67'E, a recorded bearim, along
he North One of said Northwest Owner of
S.O. 21, 492.80 fast, to a print « the
SouHwastedy Rightof-Way One of laws
Primary Road No. 1, which la tie POINT OF
BEOINNIM; Theme S89148'37'E, alone
mid North One of the Northwest Owner of
Section 21, 826.86 test, to has Norman
Camel of the Northwest Owner of said
NoMwest Owner of Section 21; TM«e
WI -47'41-W, alpg the East One of vas
Nordlweit Carl 583.50 leer, to Its
Intersection with the Northerly ON, of the
40.04 Ape Parwl acquired by Comooft.
do.. In the name al los any of Iowa City,
tows, 1M prnmagnga of wNch am
«aded W Sock 904, at Page 71, of the
records of the Johnson County socadeM1
Officer Thee S71^WOO-W, along said
NortMdy One, 890,50 feet, to an N« Nn
Fowl on said Northerly two; TM«e
N74122'00'W, along said Hooker, Une,
500.40 feet, to speW
nt on e West UM of
mid. Northwest Owner of Section 21;
Thence NOI 145'00'9, flung said Weal
Une, 70.08 feet. to its intern .con wigs
said Sanwrastedy Right,,r.Way One of
low. Primary Road No. 1; Thence
1437s25'08 -E, along said Soarheastedy
Oft, B44.82 last, to the Point or
Beginning. .Said Tract of and comes
19.18 acres, mare ar Intl, aro a r abiecl to
..temente ant ..".U.. of N.
SECTION N ZONINGMAP. The BGWIng Inalftm I. hereby
aatherimd ant directed to clenpe she Zonine Mee of the City
Of Iowa City, Iowa, to cpnlarm to this amendment up« final
"-am-, epprwel ant pabilt.fth of this anthem. as
prwWed by Nw and netiflcdilon tom the city development
board that annexation is completed.
IE��II cana�gLA. The May« N
hereby awheNxad and directed to gen, .nd 1M City Chink to
angst, the Conditional Zoning Aoosm of between that
owner. of the Property ant the City, and W c&" the
Prdinenee and COMithenal Zoning Agraement fpr recadatan
in the Johnston County Recorder's Oflke, following final
"asa9e end approval, and hodficatton from form W"
consignment board that the annexation Is cormlete.
SECTION V HEREALIER All crdina«es and Parts of
ardinarwn N conflict with he ploOl ons of this ddinanee
are hereby I.Proled.
SECTION V SEVERABIL if arc/ Sesotho, provabn Or on
of the Ordlnenee sheX be m1mi d to be 1rrvaM a
uxomllWllawl, anch adludkatan shell net arfeM the
valMlty of he Ordinance is a whole or arty, secbnn, prwlNan
V On thereof not aclndged irw gW or wwautiNwe .
SECTION WWF EFFECTIVE ATE, TW Ondirenee atoll be In
effect alter its Most Pat ..... .monwl ant pWlklHan, as
mMdra l W few.
Passed and s«roved Ws f,,h day of March .1993.
RYON
1 4- 3
-paof-
OFFICIAL PUBLICATION
ORDINANCE NO, .a3+3.56a
AN ORDNANCE AMMDNO THE ZMWG.ORDWMCE By
CONURIONALLY CHANGING THE USE MULATMS OF
AMIIO%M MY 19.1E ACRES LOCATED EAR. OF THE
MNISE M OF HIGHWAY 1 AND SUNSET RRM
FROM COUNTY COMMERCML IC -21 AND RURAL M-11 TO
MBMNE COMMERCIAL (C411..
WHERBAS, the dubl«t Pm m" i! 'aloo ly located
ootake he Iowa City carpe.(. limns; and
WHEREAS, the owner of saw yroWrty we netitiuned the
City of low, City for voluMery aonmetWn hese the City la
pmceadbq wkh m.; arse'
WHEREAS, Named follow. Code 1388.7, inorom on of
the property mast bo apprwad by both ge City and the CRY
cavMopnwM bodrd; and
WHEREAS, the vmpoNd Intensive Comm Bial ICI. -11
aONng Nwhict to eoMM conditions a c.."Aft with the
adlacm, cc.n rcial ant hakswal mnklg ant devebpmenn
and
WHEREAS, Iowa law pn'I'm cost the City of Iowa Ciry
may Impose reasonable conditions on pontine the
ApyewM'. nteNry r".at. neer ant at aaaWg
reooagans. W Order W setHypulela need! directly cawm by
int
EIREASd the City Ms a policy to paaferva ant enMnea
the a laws City, Iowa; ant
WHEREAS, Hlghwoy Is IM Primary enbanee Into lows
w
EREAS, Highway
Ciry 1'.. the aoumwnsaens
VAIFflEAS, the hes agreed Oevebp Wa
npeRy In Zoning Age with the term! Wad conditions a
ncoApplicantMth
weaPOof
Conditional, order W ensure appropMte
C
no... In
d t .1I. o sew Gry.
BE Ir 9Y THE Cfry
NOW, `Het FO E, BE IT
Now, `THEREFORE,
CITY,
A I
COUNCIL OF THE CRY OF IOWA CRY, IOWA THAT:
THE IT
I. APPROVAL. Sublets to 1M dry dearoft e,nny
balR of mai IXOo
approving the regwt
Ver
of 10. City tone
cescnTod bebw Into the City of Iowa Ciry and
described
Abate
teams arts u of Conditional Zby Aereemam
Mrsin by referee, arse
hosing a or .
and Wcarpo
1414.5, gareto
Ie pros,Wwa Code, Hft property HharemreralIC-2 lam
or,
ha st of Ceonry CI al IC -21 ant
Wit to mewwan
-1):
Rural VY9 to Intensive Commemawest
Comer of
at Ow C
Ce
So
tine Northwest owner of Section 21,
Ranh, Owner
Township 79 1krN,9 West, al Ne
stn Pnn Oipal Merid.r1d ian; Thence
S89 -48'67'E, a recorded bearim, along
he North One of said Northwest Owner of
S.O. 21, 492.80 fast, to a print « the
SouHwastedy Rightof-Way One of laws
Primary Road No. 1, which la tie POINT OF
BEOINNIM; Theme S89148'37'E, alone
mid North One of the Northwest Owner of
Section 21, 826.86 test, to has Norman
Camel of the Northwest Owner of said
NoMwest Owner of Section 21; TM«e
WI -47'41-W, alpg the East One of vas
Nordlweit Carl 583.50 leer, to Its
Intersection with the Northerly ON, of the
40.04 Ape Parwl acquired by Comooft.
do.. In the name al los any of Iowa City,
tows, 1M prnmagnga of wNch am
«aded W Sock 904, at Page 71, of the
records of the Johnson County socadeM1
Officer Thee S71^WOO-W, along said
NortMdy One, 890,50 feet, to an N« Nn
Fowl on said Northerly two; TM«e
N74122'00'W, along said Hooker, Une,
500.40 feet, to speW
nt on e West UM of
mid. Northwest Owner of Section 21;
Thence NOI 145'00'9, flung said Weal
Une, 70.08 feet. to its intern .con wigs
said Sanwrastedy Right,,r.Way One of
low. Primary Road No. 1; Thence
1437s25'08 -E, along said Soarheastedy
Oft, B44.82 last, to the Point or
Beginning. .Said Tract of and comes
19.18 acres, mare ar Intl, aro a r abiecl to
..temente ant ..".U.. of N.
SECTION N ZONINGMAP. The BGWIng Inalftm I. hereby
aatherimd ant directed to clenpe she Zonine Mee of the City
Of Iowa City, Iowa, to cpnlarm to this amendment up« final
"-am-, epprwel ant pabilt.fth of this anthem. as
prwWed by Nw and netiflcdilon tom the city development
board that annexation is completed.
IE��II cana�gLA. The May« N
hereby awheNxad and directed to gen, .nd 1M City Chink to
angst, the Conditional Zoning Aoosm of between that
owner. of the Property ant the City, and W c&" the
Prdinenee and COMithenal Zoning Agraement fpr recadatan
in the Johnston County Recorder's Oflke, following final
"asa9e end approval, and hodficatton from form W"
consignment board that the annexation Is cormlete.
SECTION V HEREALIER All crdina«es and Parts of
ardinarwn N conflict with he ploOl ons of this ddinanee
are hereby I.Proled.
SECTION V SEVERABIL if arc/ Sesotho, provabn Or on
of the Ordlnenee sheX be m1mi d to be 1rrvaM a
uxomllWllawl, anch adludkatan shell net arfeM the
valMlty of he Ordinance is a whole or arty, secbnn, prwlNan
V On thereof not aclndged irw gW or wwautiNwe .
SECTION WWF EFFECTIVE ATE, TW Ondirenee atoll be In
effect alter its Most Pat ..... .monwl ant pWlklHan, as
mMdra l W few.
Passed and s«roved Ws f,,h day of March .1993.
RYON
1 4- 3
P�r z o4 -_-,
i. CONDMOW'ZONIN0AOREEMENT -
7w9 AQkEMENi' Is nryonels by end between Harold John Dar*: W,, VW. O .Delia.
(Mrofndltir Dwmefsy add tits CNy of lovra *ty, a;Mwftd DorPcP"dff?rl (hat8fnigldlrOtyy. .
le"'I >... t „� pl,C -
WHEREAS. Owvhero hoe requested the CUY'to anrnp ,and rezone ppproidma y {� ., as of
bid ldaA$ )I asst of Highway 1 and west of the law. Chy Munldpal Al=MW M..
FxMb'n f"A'^' l'tttacMd hehlo,.thom.C•Coun}�or�perpa4 ar}d yy,�,tt•.�.€lwela 3 &.d'g��e:
Conhmerga; sand : • ., , �, .. . cr' 8.`I
WHERP.AS.:the ptopbead-toning b dOMPitble Ahthe adjac" cdmmird(y�'#nd•lhdU.ino. t_
;t;! .?et'a!oWSa!¢J
and ;fir .: , l?'tic
ted by the "Uta M ithetige; sea 1:71 :. "r -
' t _' 1t11\t '4�9t. ft 1111JJ� .
preaerhie and erh)haiq,tte enfrancaeh Iowa Gay, Iowa and:
ryerNanoo to Iowa City from the southwest; and '.. -
;tx, a rIIli'+.r,C ...
yt4 E �e,Qd73�+aa,;r r� ;a ofrtn !r l(veh{�rorPiaes� ntNnetl hereto the artles aQ
5p..reae
NaI11K d4i.Y HCY.W:tS. R.t$
1. Harold John Dane, Jr. and 9;ti"IJe' .: . ,:. aerht`wte; are,imraiero and teal iMle
holders of anapproxlmatey"tg: aoi tr'aoi 11e�d ' ernartef-Dke hacr)15dated e4at
. of Highway Y and west of the loft City Municipal Mrport, more particularly described on
Exhlbt A"atfaahod.hereto.
9 • The Parties acknowledge that loy)'a�61ty has a policy, a 'atated ki;the Comprehensive
Plan, to preserve, end enhance ",the entrahae-'to lows -City. Owners agree and
acknowledge that; mit policy Is 'reasonable,"proper and appropriate under the.
circumstances
3. The parties agree that Highway 1 Is's primary entryway to lows City from the Southwest.
Owners aeknawle(1ge that the Cily'e Policy concerning entrances governs the rezoning
request and,.iherefofe,.agree to certain conditions over and above City reguleal ns'In
order to lessen the impact of the development on. the surrounding area.
4.. ki Order to Provide for attractive development at the southwest entryway to the City; to
assure the coordinated development of the above-described land so as to minkNce fra)fic
conflicts In the area, and to Jessen the knpact of the development ori the surrcundmg
area, Owners agree that tie development of the Dane tract w111 conform to the IONOW rrg
eonrl(tbne: .
e -,The development suet have only one vehlcular access polm onto Hlghway;l
.which #hail be located at Sunset Street. No addlilonal vehicular access pakits .
onto Highway 1 shall be permitted... _
b• Future development of the Dane tract Shall Include an internal Wculatf ridd4e
which will provide access Wanly development on the annexed property, sa won
,as access to the Properly located to the north and South of the Dane tract. This
�r 9if9x1.8 be Shown of) an ane plane for luture decal mem;
4� Y alk 't k ;'tit eP
e Any and as knprovemente to the interaectlon of Sunset Drive erd'Faunwm.� r ..
d yg .tlfJ° 1 V irg Rf!(*ONdsceleraton lanes for the nonhe"Ibound lan4s
n rnSi da _ L Engineerki conjunction with the Iowa Department
x9 , rare po "rift, imine what lmpmvaments are necessary and
ro date. 2. +
d outdoor storage merchandlss Or material shat occur within IOU feet of fits
'Highway 1:d9M-Ct-w�ay.16tcraga aroas located beyond 1 DO last of fits Fpghway
v.rlgM-or-W 1 lined with a load wall gat- least t feat in. K, A
. d land re lmum of 15 feet In width shall ale tocated,adjacaht lo
AWltA�a t}Nne r3,a tr4ta concept pian pluekatkp a tree planUnq-ptan•tor
P I rwed bythe Director of Planning and mu
i nt
e (_o Ing docks !!a/ gcOlvUhg areas shall not be ated on any wan :lacing
1 uMeap 0 ped.from view by s bulldln Loading docks lo other
F.
Nin Highway 1' shat be screened. ,
Y 'tUul t.}fUlkMgaOn the Dane tract shall be cortipaU6le in syja mg, we
tf +llding rthata the eXcaptlon of trim elevaitone; visible from a ubto
mAt4eet shetbe in Ich may Include fired brick, stone or similar materlW,
dr 90f{ and stucco or tics ma wthgg used m comsbii U.
vel olherrm 11ceh. Anematve s"zda)7 be tuba ti
i �ffl4t4t1.?iPJanflif DOrm^atamYDwalabhli a4thatft.4
(R1aS aw}�1r4 as rfhiYr¢OM of Uteggre0 nL I elevations VL"**a": .
f al^t't4 pygst[Ilniali4d (scads. Rooflo(S mi4Ianlcal devices:etiap ba .
t "JQ 3 f .3
{I. Ila�y W a141 parklnp a4»as shall have planted landscape beds Al least 15
h. Ag rfaMahe9 bY'tenpktatad whh awtdecrlpe bed a minimum otSbet in
vddth.
the' IUWt knd�oapa �SQR an be pNnted with paparking lot ueas *high may
Jxarig. ` tray otherwise required by City od(nanoes...
L No '--than lvro hes starding .Signe shd�;be pemibled ori the line tract
. j.. _.Aa signage gxtures shelf be tadfof n throughout the development, q
k. If slgnage is to be lighted. It $hall be Internally itlumpla i �:y 1,Gitz %
I. All parking for light fixtures shall he consistent throughoul*a"> . r'q-
M. All fighting Shelf be downcast' far ,,. t+
n Landscape t)eds a miNmum of 5.feat In:wlMft shall !ja 1xoNdad afatp at
25% lot from.bylpipg.Navations;;end 1TIaIf be planted with L Jadety of eva�
end tlecldi' shrubber/. t5 1 , ,.: v ,
o. mare ensu 1» a 30 Wo1'letbdttlifropr Mghway 1 whop ejtal1 be lana
a mllnure of evergreenand deciduous pees,. No perkjng''a peving 1, ,men
eklewalks shalt be afiowed wNhin shits 30106t setback, �U.t-!..
5. The Owners agrge that each and every development on the JjBns erect mus reJbml�a
development con opt plan to the Department of Planning and Community eb1
prior to development, The Director of Planning and Community Development ¢}liefi review
and approve the concept plan based on the criteria listed above:_. The Dfreaorrrpay
approve 0neaps_ plan .containing minor modifications lo.3ho cmeria Rated above,
provided ihpMocift Ions sobatamially seeefy the, Intent the criteria Decisicna of the
Director may be appealed to the City Council upon recommendation of the Planning Orld
Zoning Commission.
5. The Owners acknowledge that the conditions contained herald are reasonable conditlene
to Impose on the land under Iowa Code g 414.5 (1991), and,that said conditions air*
appropriate to satisfy public needs caused directly by the requested zoning chengd:;
7. The Partf rs,acknowladge that this Agreement $hall be doomed to tie a covenant ruorting
with the land and with pike to the land and shell remain In lull force and affect &).a
covenant running whh the title to the land unless or pntli released of record' by tho,ft.
The Panties further acknowledge that this Agreement shall inure to the benept of and bind
all successors, representatives and easigns of the ponies.
e. Owners acknowledge that in the event the subject properjy is transfail PYOk
redeveloped, or subdivided, all redevelopment will conform with the 1 me o thd
Agreement 'tr
9. The Oymarj acknowledge that nothing in this Agreement shelf be 66jisbuetl regeya�t fir
owners liom'comptying with all **Icable federal, oval and etate.regulatkms
l i r r't
10. The Parties agree that this CorWklonel Zoning Agreement ehfell'tie Ineorpu
reference Into the Ordinance rezoning the subject property end tflat upon ado
publiegilep of the Ordinance, this Agreement a be recorded N the Johnson
Record'er's Office,
i) t;
Dated this go J day of , 1999.
APPL'CANT - CITY, OP IOWA CITY
l
Herold John AL
Otis, Jr. ..,+ -:Darrel O Mayos ;. ,;A
BY
Allegra 6. Daft Ian K Karr, City Clark
09437 March 44,1997
�. 0"d. BK -
ORDINANCE NO, 93-3563
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
CONDRIONALLY CHANGING THE USE REGULATIONS OF
APPROXIMATELY 19.18 ACRES LOCATED EAST OF THE
INTERSECTION OF HIGHWAY 1 AND SUNSET STREET
FROM COUNTY COMMERCIAL (C-2) AND RURAL (A-1) TO
INTENSIVE COMMERCIAL (Cb11).
WHEREAS, the subject property is presently located
outside the Iowa City corporate limits; and
WHEREAS, the owner of said property has petitioned the
City of Iowa City for voluntary annexation and the City is
proceeding with same; and
WHEREAS, pursuant to Iowa Code 1368.7, annexation of
the property must be approved by both the City and the city
development board; and
WHEREAS, the proposed Intensive Commercial (C1-1)
zoning subject to certain conditions is compatible with the
adjacent commercial and industrial zoning and development;
and
WHEREAS, Iowa law provides that the City of Iowa City
may impose reasonable conditions on granting the
Applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs directly caused by
the requested change; and
WHEREAS, the City has a policy to preserve and enhance
the entranceways to Iowa City, Iowa; and
WHEREAS, Highway 1 is the primary entrance into Iowa
City from the southwest; and
WHEREAS, the Applicant has agreed to develop this
property in accordance with the terms and conditions of a
Conditional Zoning Agreement in order to ensure appropriate
development at this entrance to the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT:
SECTION I. APPROVAL. Subject to the city development
board approving the requested annexation of the property
described below into the City of Iowa City and subject to the
terms and conditions of the Conditional Zoning Agreement,
attached hereto and incorporated herein by reference,.and
5414.5, Iowa Code, the property is hereby reclassified from
its present, classification of County Commercial (C-2) and
Rural (A-1) to Intensive Commercial (CI -1):
Commencing at the Northwest Corner of
the Northwest Quarter of Section 21,
Township 79 North, Range 6 West, of the
5th Principal Meridian; Thence
S89048'37"E, a recorded bearing, along
the North Line of said Northwest Quarter of
Section 21, 492.80 feet, to a point on the
Southeasterly Right -of -Way Line of Iowa
Primary Road No. 1, which is the POINT OF
BEGINNING; Thence S89048'37"E, along
said North Line of the Northwest Quarter of
Section 21, 826.66 feet, to the Northeast
Corner of the Northwest Quarter of said
Northwest Quarter of Section 21; Thence
S01 °47'41 "W, along the East Line of said
.... ...n .. • .. ..... .. .. > ... . .. . ...... u � ... u x... .�...r .�. •� .... .. .. a .. r ..n.f.Yl w..w. u n . •....� .....4. h ..,... ...... .�� ..... w..
Ordinance No. z_ 15 3
Page 2
Northwest Quarter, 583.50 feet, to its
Intersection with the Northerly Line of the
40.04 Acre Parcel acquired by Condemna-
tion, in the name of the City of Iowa City,
Iowa, the proceedings of which are
recorded in Book 904, at Page 71, of the
records of the Johnson County Recorder's
Office; Thence S71 °00'00"W, along said
Northerly Une, 890.60 feet, to an Iron Pin
Found on said Northerly Line; Thence
N74022'00"W, along said Northerly Line,
600.40 feet, to a point on the West Line of
said Northwest Quarter of Section 21;
Thence N01 °45'00"E, along said West
line, 70.08 feet, to Its intersection with
said Southeasterly Right -of -Way Line of
Iowa Primary Road No. 1; Thence
N37025'O8"E, along said Southeasterly
Line, 844.82 feet, to the Point of
Beginning. Said Tract of land contains
19.18 acres, more or less, and is subject to
easements and restrictions of record.
SECTION If. 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 final
passage, approval and publication of this Ordinance as
provided by law and notification from the city development
board that annexation is completed.
SECTION III. CONDITIONAL AGREEMENT. The Mayor is
hereby authorized and directed to sign, and the City Clerk to
attest, the Conditional Zoning Agreement between the
owners of the property and the City, and to certify the
ordinance and Conditional Zoning Agreement for recordation
in the Johnson County Recorder's Office, following final
passage and approval, and notification from the city
development board that the annexation is complete.
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
required by law.
Passed and approved this 16th day of March, 1993.
MAYOR
Ordinance No. Q3—,t5A4
Pape 3
Approved by
City Attorney's Office
�3
npd**rJnWm@h d.«d
r .-
It was moved, by McDonald and seconded by Novick that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
x Courtney
x Horowitz
x Kubby
x Larson
x McDonald
x _ Novick
First Consideration 2/23/93
Vote for passage: AYES: Larson, McDonald, Novick, Ambrisco,
Courtney, Horowitz. NAYS: Kubby. ABSENT: None.
Second Consideration 3/2/93
Vote for passage: AYES: Ambrisco, Courtnye, Horowitz, Larson,
McDonald, Novick. NAYS: Kubby. ABSENT: None.
Date published 3/24/93
02/23/93 08:32 T7319 304 6962
PHELAN. TCCKFR
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between Harold John Dane, Jr. and Allegra G. Dane
(hereinafter "Owners") and the City of Iowa City, a Municipal Corporation (hereinafter "City").
WHEREAS, Owners have requested the City to annex and rezone approximately 19.18 acres of
land located east of Highway 1 and west of the Iowa City Municipal Airport, legally described In
Exhibit "A" attached hereto, from C-2, County Commercial, and A-1, Rural, to 01-1, Intensive
Commercial; and
WHEREAS, the proposed zoning is compatible with the adjacent commercial and industrial
zoning and development; and
WHEREAS, Iowa Code § 414.6 (1991) provides that the City of Iowa City may impose reasonable
conditions on granting Owners' rezoning request, over and above existing regulations, in order
to satisfy public needs directly caused by the requested change; and
WHEREAS, the City has a policy to preserve and enhance the entrances to Iowa City, Iowa; and
WHEREAS, Highway 1 is the primary entrance to Iowa City from the southwest; and
WHEREAS, Owners acknowledge that certain conditions and restrictions are appropriate in order
to ensure appropriate development and to lessen the impact of the development of this entrance
to the City.
NOW, THEREFORE, in consideration- of the mutual promises contained herein, the parties agree
as follows:
1. Harold John Dane, Jr. and Allegra G. Dane, husband and wife, are owners and legal title
holders of an approximately 19.18 acre tract of land (hereinafter "Dane tract") located east
of Highway 1 and west of the Iowa City Municipal Airport, more particularly described on
Exhibit "A" attached hereto.
2. The parties acknowledge that Iowa City has a policy, as stated in the Comprehensive
Plan, topreserve and enhance the entrances to Iowa City, Owners agree and
acknowledge that this policy is reasonable, proper and appropriate under the
circumstances.
3. The parties agree that Highway 1 Is a primary entryway to Iowa City from the Southwest.
Owners acknowledge that the City's policy concerning entrances governs this rezoning
request and, therefore, agree to certain conditions over and above City regulations in
order to lessen the impact of the development on the surrounding area.
4. In order to provide for attractive development at the southwest entryway to the City, to
assure the coordinated development of the above-described land so as to minimize traffic
conflicts In the area, and to lessen the impact of the development on the surrounding
area, Owners agree that the development of the Dane tract will conform to the following
conditions:
R@ 004
1)2/23/93 08:33 %319 354 09612 PHELAN. T1 CARR ro 005
2•
a. The development shall have only one vehicular access point onto Highway 1
which shall be located at Sunset Street, No additional vehicular access points
onto Highway 1 shall be permitted.
b. Future development of the Dane tract shall include an internal circulation drive
which will provide access to any development on the annexed property, as well
as access to the property located to the north and south of the Dane tract. This
internal drive system shall be shown on all site plans for future development.
C. Any and all improvements to the intersection of Sunset Drive and Highway 1
required to accommodate the proposed development shall be built at the Owner's
expense. These improvements may include, but are not limited to, upgrading the
traffic light, constructing a left -turn lane for the southwestbound lanes of Highway
1, and constructing acceleration/deceleration lanes for the northeastbound lanes
of Highway 1. The City Traffic Engineer, in conjunction with the Iowa Department
of Transportation, shall determine what improvements are necessary and
appropriate.
d. No outdoor storage of merchandise or material shall occur within 100 feet of the
Highway 1 right-of-way. Storage areas located beyond 100 feet of the Highway
1 right-of-way shall be screened with a solid wall at least S feet in height. A
planted landscape bed a minimum of 15 feet in width shall be located adjacent to
the wall. Owners shall submit a concept plan illustrating a tree planting plan for
the landscape beds, to be approved by the Director of Planning and Community
Development.
e. Loading docks and receiving areas shall not be located on any wall facing
Highway 1 unless screened from view by a building. Loading docks in other
locations which are visible from Highway 1 shall be screened.
All buildings constructed on the Dane tract shall be compatible in style and use
of building materials. With the exception of trim, elevations visible from a public
street shall be masonry, which may include fired brick, stone or similar material,
dressed concrete block, and stucco or like material when used in combination
with other -masonry finish. Alternative building materials may be substituted if the
Director of Planning and Community Development determines that the use of such
other materials satisfies the intent of this Agreement. All elevations visible from
Highway 1 shall have a finished facade. Rooftop mechanical devices shall be
screened.
g, The periphery of all parking areas shall have planted landscape beds at least 15
feet in width.
h. All parking rows shall be terminated with a landscape bed a minimum of 9 feet in
width. The landscape beds shall be planted with parking lot trees. which may
count towards the parking area trees otherwise required by City ordinances.
I. No more than two free standing signs shall be permitted on the Dane tract.
02/23/93 08:34 U319 354 6962 PRELAN, TUCKER 10006
3 -
All signage fixtures shall be uniform throughout the development.
k. if signage is to be lighted, it shall be internally illuminated.
All parking lot light fixtures shall be consistent throughout the development.
M, All lighting shall be downcast.
n. Landscape beds a minimum of 5 feet in width shall be provided along at least
25% of front building elevations, and shall be planted with a variety of evergreen
and deciduous shrubberl,
o. There shall be a 30 foot setback from Highway 1, which shall be landscaped with
a mixture of evergreen and deciduous trees. No parking or paving other than
sidewalks shall be allowed within this 30 foot setback.
5. The Owners agree that each and every development on the Dane tract must submit a
development concept pian to the Department of Planning and Community Development
prior to development, The Director of Planning and Community Development shail review
and approve the concept plan based on the criteria listed above. The Director may
approve a concept plan containing minor modifications to the criteria listed above,
provided the modifications substantially satisfy the intent the criteria. Decisions of the
Director may be appealed to the City Council upon recommendation of the Planning and
Zoning Commission.
6. The Owners acknowledge that the conditions contained herein are reasonable conditions
to impose on the land under Iowa Code§ 414.5 {1991}, and that said conditions are
appropriate to satisfy public needs caused directly by the requested zoning change.
7. The Parties 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 running with the title to the land unless or until released of record by the City.
The Parties further acknowledge that this Agreement shall inure to the benefit of and bind
all successors, representatives and assigns of the parties.
8. Owners acknowledge that in the event the subject property is transferred, sold
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Agreement.
9. The Oyaners acknowledge that nothing in this Agreement shall be construed to relieve the
Owners from complying with all applicable federal, local and state regulations.
10. The Parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the Ordinance rezoning the subject property and that upon adoption and
publication of the Ordinance, this Agreement shall be recorded in the Johnson County
Recorder's Office.
Dated this day of 1993•
02/23/93 08:35 TY319 354 6962 PHEIAN. TUCKER 10007
APPLICANT
Approved by:
City Attorney's Office��e3
STATE OF CALIF, }
} SS:
iCc70 COUNTY )
-4-
CIVY OF •
J�
•. -
Attest:
Manan K. Karr, City Cierk
OFFICIAL NOTAR SEAL
.� DE90RAHLEELOVELACE
Notary PUW — CeNlomla
SAN DIEGO COUNTY
Abr .. e.._.___
On this _�,�, day of *:'oE (3. , 1993, before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared Harold John Dane, Jr. and
Allegra Dane, to me known to be the identical persons named in and who executed the within
and foregoing instrument, and acknowledged that they executed the same as their voluntary act
and deed.
Qf! �
Notary Public in and for the State of California
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
day bf Marrl� 1993, before me, Sondra
_ Q a Notary Public in and for the State of Iowa, personally appeared
Darrel G. Courtney 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 No. a � 3SL 3 passed by the City Council on the
& r4 day of /&rd, , 199*6 , and that Darrel G. Courtney 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.
Notary Public in and for the State of Iowa
ppdadminldane.cza
/I
Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5238 (REZ20-
01)
Ordinance No.
Ordinance conditionally rezoning approximately 0.53 acres of land located at
1335 Highway 1 West from Intensive Commercial (CI -1) to (CI -1). (REZ20-
01)
Whereas, the applicant, Focus Commercial Real Estate, LLC., has requested a rezoning of
property located at 1335 Highway 1 West from Intensive Commercial (CI -1) to (CI -1) for
approximately 0.53 acres to modify the conditions associated with the property's zoning designation
in order to reduce the required landscaped front setback area along Highway 1 from 30 feet to 10
feet, with landscaping consisting of ornamental trees and a mix of evergreen and deciduous shrubs
and no parking or paving other than sidewalks; and
Whereas, the Comprehensive Plan indicates that the subject area is appropriate for intensive
commercial development; and
Whereas, the Comprehensive Plan establishes goals for this area intended to preserve and
enhancing gateways into the City and promoting pedestrian -oriented development; and
Whereas, there is a public need to preserve traffic flow and reduce the number of vehicular
access points onto Highway 1 West; and
Whereas, there is a public need to preserve aesthetics on City entryways by screening items
used for outdoor storage and by implementing specific standards for landscaping along entryway
corridors; and
Whereas, there is a public need for facilitating pedestrian -oriented development by filling in
gaps in the City's sidewalk and trail network and providing crosswalks where appropriate; and
Whereas, the Planning and Zoning Commission has determined that, with reasonable
conditions regarding satisfaction of public needs through the preservation and enhancement of
City entryways and the promotion of pedestrian -oriented development, the requested zoning is
consistent with the Comprehensive Plan.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that:
Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, the property described below is hereby reclassified from its current zoning
designation of Intensive Commercial (CI -1) zone to:
LOT 1 OF D AND L SUBDIVISION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT
THEREOF RECORDED IN BOOK 35, PAGE 86 OF THE RECORDS OF THE JOHNSON
COUNTY RECORDERS OFFICE.
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.
Ordinance No.
Page 2
Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign,
and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City
Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same,
at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all 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
Mayor
City Clerk
20
Ap ro ed by: 4.0,�L
City Attorney's Office
(Sara Greenwood Hektoen — 05/28/2020)
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
First Consideration_ 06/02/2020
Vote for passage: AYES: Salih, Taylor, Teague, Thomas, Weiner,
Bergus, Mims. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Prepared by: Ray Heitner, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5238 (REZ20-01)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter
"City") GRD Clinics, LLC. (hereinafter collectively referred to as "Owner"), and Focus Commercial
Real Estate, LLC. (hereinafter "Applicant").
Whereas, Owner is the legal title holder of approximately 0.53 acres of property located
at 1335 Highway 1 West; and
Whereas, the Applicant has requested the rezoning of said property to reduce the required
landscaped front setback area along Highway 1 from 30 feet to 10 feet, with landscaping
consisting of ornamental trees and a mix of evergreen and deciduous shrubs and no parking or
paving other than sidewalks; and
Whereas, the Comprehensive Plan indicates that the subject area is appropriate for
intensive commercial development; and
Whereas, the Comprehensive Plan establishes goals for this area intended to preserve
and enhancing gateways into the City and promoting pedestrian -oriented development; and
Whereas, this rezoning creates public needs to reduce the number of vehicular access
points onto Highway 1 West, preserving aesthetics on City entryways, and by facilitating
pedestrian -oriented development; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding limiting vehicular access to the existing internal access road to Sunset Drive,
the restriction of outdoor storage of materials within 100 feet of the Highway 1 West right-of-way,
the creation of a landscaped 10 -foot setback area, the required approval of a landscaping plan
by the City Forester, and the provision of an access easement along the property's west side, the
requested zoning is consistent with the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2020) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, the Owner and Applicant agree to develop this property in accordance with the
terms and conditions of this Conditional Zoning Agreement.
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as
follows:
1. GRD Clinics, LLC. is the legal title holder of the property legally described as:
LOT 1 OF D AND L SUBDIVISION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE THE PLAT
THEREOF RECORDED IN BOOK 35, PAGE 86 OF THE RECORDS OF THE JOHNSON
COUNTY RECORDERS OFFICE.
2. Owner and Applicant acknowledge that the City wishes to ensure conformance to the
principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code
§414.5 (2020) provides that the City of Iowa City may impose reasonable conditions on
granting a rezoning request, over and above the existing regulations, in order to satisfy
public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
Zoning Code, as well as the following conditions:
a. The development shall have only one access onto Highway 1, which shall be provided
by the existing internal access road leading to the Sunset Street/Highway 1 West
intersection, as shown on the final plat of D and L Subdivision. No additional vehicle
access points onto Highway 1 shall be permitted.
b. No outdoor storage of merchandise or material shall occur within 100 feet of the
Highway 1 right-of-way. Storage areas located beyond 100 feet of the Highway 1 right-
of-way shall be screened with a solid wall at least 6 feet in height. A planted landscape
bed, a minimum of 15 feet in width shall be located adjacent to the wall. If applicable,
Owner shall submit a concept plan illustrating a tree planting plan for landscape beds,
to be approved by the Director of Development Services prior to the issuance of a
building permit.
c. There shall be a 10 -foot setback from Highway 1, which shall be landscaped with
ornamental trees and a mixture of evergreen and deciduous shrubs. No parking or
paving other than sidewalks shall be allowed within this 10 -foot setback.
d. Prior to the issuance of a building permit, approval of a landscaping plan by the City
Forester, consisting of ornamental trees and a mixture of evergreen and deciduous
shrubs to be located within the reduced setback area.
e. Prior to approval of any site plan for the property, Owner shall dedicate of a public
access easement for installation of a sidewalk along the west side of the landscaped
area, of a size and in a location to be determined in coordination with the City Engineer.
The access easement shall be submitted in a form of agreement acceptable to the
City Attorney.
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2020), and that said conditions satisfy public needs that are caused
by the requested zoning change.
5. This Conditional Zoning Agreement shall be deemed to be a covenant running with the
land and with title to the land, and shall remain in full force and effect as a covenant with
title to the land, unless or until released of record by the City of Iowa City. The parties
further acknowledge that this agreement shall inure to the benefit of and bind all
successors, representatives, and assigns of the parties. In the event the subject property
is transferred, sold, redeveloped, or subdivided, all development will conform with the
terms of this Conditional Zoning Agreement.
6. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or
Applicant from complying with all other applicable local, state, and federal regulations.
2
7. This Conditional Zoning Agreement shall be incorporated by reference into the ordinance
rezoning the subject property, and that upon adoption and publication of the ordinance,
this agreement shall be recorded in the Johnson County Recorder's Office at the
Applicant's expense.
Dated this day of
City of Iowa City
Bruce Teague, Mayor
Attest:
Kellie Fruehling, City Clerk
A r ed by:
City Attorney's Office
(Sara Greenwood Hektoen — 05/28/2020)
City of Iowa City Acknowledgement.
State of Iowa )
) ss:
Johnson County )
r�
F cus Comm cla Real Estate, LLC.
KgvAc
GRD CI, (.LC.
By: �ei`sc�o r
This instrument was acknowledged before me on 20_ by Bruce Teague
and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public In and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
3
Focus Commercial Real Estate, LLC. Acknowledgement:
State of Sows
Countyof '%1ninSor�
This record was acknowledged before me on Sinn e, a, 2020 by
'ase.,. \aaV 1 M" (Name(s) of individual(s) as e_
(type of authority, such as officer or trustee) of F,pcus gimerciaj-pAal Es,(a
JONota Public in and for the Stat+
� ELBARTLETT
W
C01199SSWNtA1MBEHCOIUUSSIONAUMBFA1363St (StSeal
MY OMe AUG MIST 23N 202 ES amp or )
Title (and Rank)
GRD Clinics, LLC. Acknowledgement:
Of
My commission expires: 17
State of T. Wc,
County ofZFe%N S0v1
This record wascknowledged before me on_ Lm oi--- 2020 by
(Name(s) of individual(s) as m,_,,,a.),�✓
(type of auth ity, such as officer or trustee) of RRD CIKQg LLC. m
AJOEL BARTLETT
$ AW!(IOSSIONffia00tIN�510NIAI"13M
MY COMMISSION EXPIRES
oo' AUGUST 23, 20
in and for the
(Stamp or Seal)
Title (and Rank)
My commission expires: Z 2
12
Item Number: 10.b.
�r
CITY OE IOWA CITY
www.iogov.org
June 2, 2020
Ordinance conditionally rezoning land near the intersection of Eastbrook
Street and American Legion Road from Interim Development Single -Family
(ID -RS) to Neighborhood Public (P-1) for approximately 2.14 acres, to Low
Density Multi -Family Residential (RM -12) for approximately 10.64 acres, and
to Low Density Single -Family Residential (RS -5) for approximately 22.51
acres. (REZ19-13) (Pass & Adopt)
ATTACHMENTS:
Description
Staff Report with Attachments
Ordinance & CZA
To: Planning & Zoning Commission
Item: REZ19-13
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Ray Heitner, Associate Planner
Date: April 2, 2020
Applicant: Allen Homes, Inc.
PO Box 3474
Iowa City, IA 52244
319-350-8238
allenhomesinc@gmail.com
Contact Person:
Property Owner:
Same as Applicant
Allen Development, LLC
PO BOX 3474
IOWA CITY IA 52244
Summit Ridge, LLC
PO BOX 3474
IOWA CITY IA 52244
Requested Action: Rezoning from Interim Development - Single -
Family Residential (ID -RS) to Low Density -
Multi -Family Residential (RM -12), Low Density -
Single -Family Residential (RS -5), and
Neighborhood Public (P-1).
Purpose: Development of single-family and multi -family
housing, and a fire station.
Location: East of Eastbrook Street and north of American
Legion Road
K
Location Map:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Comprehensive Plan:
W
35.29 acres
Farmland, Interim Development — Single -Family
Residential (ID -RS)
North: P-1 — Neighborhood Public (Parkland)
South: R — County Residential (Farmland and
Religious Space)
East: RS -5 - Low Density Single -Family
Residential (Residential)
West: P-1 — Neighborhood Public (Parkland)
RM -12 - Low Density Multi -Family
Residential (Residential)
Southeast District Plan
District Plan: Southeast District Plan — Low/Medium Single -
Family Residential and Duplex; Medium/High
Density Single -Family Residential and
Townhouse
Neighborhood Open Space District:
File Date:
45 Day Limitation Period:
SE3
November 27, 2019 (Original Submission Date)
March 13, 2020 (Revised Submission)
The applicant has waived the 45 -day limitation
period.
BACKGROUND INFORMATION:
An application submitted by Allen Homes, Inc. for a rezoning of approximately 35.29 acres
located north of American Legion Rd and east of Eastbrook St from Interim Development -
3
Single -Family Residential (ID -RS) to 10.64 acres of Low Density Multi -Family Residential
(RM -12), 22.51 acres of Low Density Single -Family Residential (RS -5), and 2.14 acres of
Neighborhood Public (P-1). Earlier this year, the Council approved an annexation and
rezoning of the subject property to Interim Development Single -Family Residential (ID -RS)
with the following conditions:
1.The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in
Resolution 18-211.
2. The dedication of 17 feet of additional public right-of-way along American Legion
Road to be dedicated to the City at the time of final platting.
3. Conveyance of a temporary construction easement to the City along the north side of
American Legion Road.
Due to concerns over COVID-19, staff asked the applicant not to hold an in-person good
neighbor meeting. Instead, the applicant mailed out pertinent materials to area neighbors.
ANALYSIS:
Current Zoning: Earlier this year, the City Council approved the annexation and rezoning of
the subject property from County Residential (R) to Interim Development Single -Family
Residential (ID -RS). The Secretary of State's Office is currently reviewing the application for
annexation.
The Interim Development zone is intended to provide areas of managed growth in which
agricultural and non -urban land uses can continue until the City is able to provide services
to support development. Under this zoning, the only use that is permitted by right is
agriculture. Therefore, a subsequent rezoning is necessary for the property owner to
develop the property beyond an agricultural use.
Proposed Zoning: The applicant is requesting a rezoning of the subject property to 10.64
acres of Low Density Multi -Family Residential zone (RM -12), 22.51 acres of Low Density
Single -Family Residential zone (RS -5), and 2.14 acres of Neighborhood Public zone (P-1).
The purpose of the Low Density Multi -Family Residential zone (RM -12) is to provide for the
development of high density, single-family housing and low density, multi -family housing.
This zone is intended to provide a diverse variety of housing options in neighborhoods
throughout the city. Careful attention to site and building design is important to ensure that
the various housing types in any one location are compatible with one another.
The applicant has submitted the attached concept plan, dated 02/26/2020. The concept
shows a total of 104 stacked -flat units and 6 townhouse units in the proposed RM -12 zone.
Six 8 -10 -unit stacked -flat buildings are shown south of the proposed Eastbrook Street
extension, with another four 12 -unit stacked -flat buildings shown to the north of Eastbrook
Street. Densities range between 8-16 units per acre on the proposed RM -12 lots, with
densities on the stacked -flat lots between 12-16 units per acre. The proposed density
conforms with what is allowed under the RM -12 zone.
The low density single-family residential zone (RS -5) is primarily intended to provide for
single-family housing opportunities. The regulations are intended to create, maintain, and
C!
promote livable neighborhoods. The regulations allow for some flexibility of dwelling types
to provide housing opportunities for a variety of household types. This zone also allows for
some nonresidential uses that contribute to the livability of residential neighborhoods, such
as parks, schools, religious institutions, and daycare facilities. Related nonresidential uses
and structures should be planned and designed to be compatible with the character, scale,
and pattern of the residential development. The attached concept plan shows 56 single-
family residential lots on the area to be rezoned to RS -5, with an average density of 4.41
units per acre. This range in density conforms with what is allowed under the RS -5 zone.
The Neighborhood Public (P-1) zone accommodates uses such as schools, parks, police
and fire stations, and other civic buildings owned or otherwise controlled by the county,
the city, or the Iowa City community school district. These uses are subject to certain
development standards in order to create a transition between public and private uses.
The attached concept plan shows the proposed P-1 zone lot as a site for a future City fire
station.
Rezoning Review Criteria:
Staff uses the following two criteria in the review of rezonings:
1.Consistency with the comprehensive plan;
2.Compatibility with the existing neighborhood character.
Consistency with the Comprehensive Plan: The Southeast District Plan shows the subject
property within the City's growth area, with two different land use designations over the
subject property (see Figure 1.0). The Low/Medium Density Single -Family and Duplex land
use designation covers the majority of the subject property and envisions development at a
density of 2-8 dwelling units per acre. The Medium/High Density Single -Family and
Townhouse designation covers the western portion of the property and envisions zero lot
line development, duplexes, townhouses, and narrow lot detached single-family at a
density of 8-13 dwelling units per acre.
Figure 1.0 — Subject Property within the Southeast District Plan Ma
Legend - —
Creeks and Streams
•---• Growth Area Limit -
17-1 SE District Boundary
Possible Elementary Sites Lt
Future Alley
- . - - Future Collector Street
Future Local Street r
Future Land Utes J
C LowNedium Density SF & Duplex
1 r
MediumrHigh Density 5F & Townhouse
L'.
171
.I �4
r � ■
5
Within the western portion of the property, lots 57 and 59 in the attached concept plan
show a slightly higher density (just under 14 units/acre) than what is envisioned for this
area in the Southeast District Plan (8-13 units/acre). On these lots, the concept plan shows
stacked -flats, which is a housing type not contemplated in the Southeast District Plan.
Rather, the plan generally calls for detached and attached single-family and townhouse -
style housing. However, the Comprehensive Plan calls for increasing housing options
within the Southeast District and encouraging a mix of housing types within new
neighborhoods; which the proposed concept plan accomplishes. The Comprehensive Plan
also calls for the continued development of interconnected street networks. Specifically, the
Plan calls for new neighborhoods to be designed in a manner that contributes to the larger
interconnected street pattern of the city and that provides for safe, efficient and orderly
movement of vehicular, pedestrian, and bicycle traffic. The attached concept plan
accomplishes this objective by extending Eastbrook Street to the east, thereby providing a
connection between the future north -south road and the Eastbrook Flats neighborhood to
the west. Despite the slightly higher planned density in the RM -12 zone areas, the housing
diversity and street connectivity shown in the concept plan align with the policy direction
provided in the Southeast District Plan. Therefore, staff recommends a condition that
development on the subject property generally conform to the attached concept plan, dated
02/26/2020, which will include the extension of Eastbrook Street to the future north -south
street.
Compatibility with the Existing Neighborhood: The RS -5 zoning that is proposed along the
property's east side matches the zoning and scale of housing seen to the east in the
Windsor West neighborhood. The attached concept plan does show a transition in intensity
from the 3 -flat multi -family housing to the west, to some townhouse housing along the
southern portion of the proposed north -south street, to the detached single-family housing
proposed throughout the eastern portion of the property. While the proposed extension of
this style of multi -family housing to the east is more intense than what is detailed in the
Southeast District Plan, the relative proximity of this housing to the Eastbrook Flats
neighborhood, and to the intersection of Scott Boulevard and American Legion Road, help
to justify the proposed extension of density eastward.
Sanitary Sewer: The developer will be required to pay a water main extension fee of
$456.75 per acre before public improvements are constructed. The subject property is
located outside of the sewer tap -on fee district and will not be required to pay sanitary
sewer tap -on fees.
Stormwater: There is a stormwater detention easement over the northwestern portion of
the property. The attached concept plan shows this detention easement decreasing in
overall area but maintaining enough volume for the proposed development in the concept.
Public Works staff has reviewed these preliminary estimates on the proposed changes to
the detention easement area. The existing detention easement will need to be amended
before any building permits can be issued for the proposed development. Staff is also
recommending a condition that a permanent drainage easement from the American Legion
Road improvement project, be dedicated to the City at a location to be determined by
Public Works staff. In addition, staff is recommending a condition that no building permit
shall be issued for any of the subject property until the City Council approves a final plat
resubdividing the subject property to conform to the zoning boundaries established by the
rezoning ordinance.
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Environmentally Sensitive Areas: The subject property does not contain any
environmentally sensitive features. The northern and western portions of the property are
in the 100 and 500 -year flood plains.
Access and Street Design: Staff is recommending carrying over conditions from the
property's previous rezoning to ID -RS with respect to dedication of 17 feet of additional
right-of-way to the City when the property is platted for future development, and another
condition to allow for the conveyance of a temporary construction easement to the City
along the north side of American Legion Road. These conditions support the public need
for enhancing American Legion Road, thereby allowing it to be used as an arterial road.
Staff views the extension of Eastbrook Street as a positive aspect of the concept plan. The
plan also provides internal connections to the existing street network that has been
established in the Windsor West and Eastbrook Flats neighborhoods. Proposed
connections to the City's established trail network on the property's west side to Scott Park,
and in the far northeast corner of the property also align with Southeast District Plan goals
for enhancing walkability and connectivity. Staff is recommending a condition that trail
connections to the City's park and trail networks are provided as shown in the concept plan.
The trail connection on the property's far west side must be built to the northern property
line. The trail connection between Lots 23 and 24 must be made all the way to the existing
trail on City property.
Staff does have some concerns related to the potential for speeding, due to the proposed
block lengths shown in the attached concept plan. It appears that several proposed blocks
in the concept plan are greater than the City's maximum block length recommendation of
600' for local streets. Additionally, the distance between the proposed north -south street
and Buckingham Lane (to the east of the subject property) is less than the recommended
600' block length for arterial streets. Staff is recommending a condition that the applicant
work with staff to implement traffic calming measures that staff deems necessary during
the plat review stage of the property's development.
NEXT STEPS:
Upon recommendation from the Planning and Zoning Commission, a public hearing will be
scheduled for consideration of the application by the City Council. Pending approval by the
City Council, the applicant will be required to submit applications for preliminary and final
plats to subdivide the land into lots that follow the proposed zoning boundaries.
STAFF RECOMMENDATION:
Staff recommends approval of REZ19-13, a rezoning from Interim Development — Single -
Family Residential (ID -RS) to Low Density Multi -Family Residential (RM -12) for
approximately 10.64 acres, Low Density Single -Family Residential (RS -5) for approximately
22.51 acres, and Neighborhood Public (P-1) for approximately 2.14 acres with the following
conditions (Conditions 1-3 are carried over from REZ 19-09):
1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in
Resolution 18-211.
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2. The dedication of 17 feet of additional public right-of-way to along American Legion
Road, to be dedicated to the City within seven days of execution of the Conditional
Zoning Agreement for REZ19-09.
3. Conveyance of a temporary construction easement along the north side of American
Legion Road within seven days of execution of the Conditional Zoning Agreement
for REZ19-09.
4. No building permit shall be issued for any development on the subject property until
the City Council approves a final plat resubdividing the subject property to conform
to the zoning boundaries established by the rezoning ordinance.
5. Any development on the subject property shall generally conform to the attached
concept plan, dated 02/26/2020, which will include the extension of Eastbrook Street
to the future north -south street, and the development of single-family, townhouse,
and stacked -flat multi -family housing as shown in said concept plan.
6. Trail connections to the City's park and trail networks are provided as shown in the
attached concept plan. The trail connection on the property's far west side must be
built to the northern property line. The trail connection between Lots 23 and 24 must
be made all the way to the existing trail on City property. The developer shall be
responsible for installing these trails at such time as described in a subdivider's
agreement to be executed at the time any portion of this land is subdivided, and in
accordance with the specifications for such improvements as to be set forth therein.
7. That a permanent drainage easement from the American Legion Road improvement
project be dedicated to the City in a form of agreement acceptable to the City
Attorney at the time of platting at a location to be determined by Public Works staff.
8. At platting, traffic calming measures, such as traffic circles, narrower lane widths,
etc., must be incorporated to the satisfaction of City staff to address concerns related
to speeding.
ATTACHMENTS:
1. Aerial Map
2. Zoning Exhibit
3. Applicants Statement
4. Concept Plan from 02/26/2020
Approved by:
Danielle Sitzman, AICP
Department of Neighborhood and Development Services
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A PORTION OF THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL
MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Corner of Section 18, Township 79 North,
Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence
S89°26'40"E, along the South Line of the Northwest Quarter of said Section
18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats
Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at
Page 20 of the Records of the Johnson County Recorder's Office, and the
Point of Beginning; Thence N00°33'49"E, along the East Line of said
Eastbrook Flats Addition, 299.19 feet; Thence Northeasterly, 138.82 feet,
along an arc of a 150.00 foot radius curve, concave Southeasterly, whose
133.92 foot chord bears N64°02'03"E; Thence S89°27'12"E, 145.99 feet;
Thence S00°32'48"W, 359.01 feet, to a Point on the South Line of the
Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South
Line, 265.91 feet, to the Point of Beginning. Said Rezoning Parcel #1 contains
2.14 Acres, and is subject to easements and restrictions of record.
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A PORTION OF THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL
MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: �\v
Commencing at the West Quarter Corner of Section 18, Township 79 North, <\"�
Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence v
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Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at O
Page 20 of the Records of the Johnson County Recorder's Office; Thence
N00°33'49"E, along the East Line of said Eastbrook Flats Addition, 299.19
feet, to the Point of Beginning; Thence continuing N00°33'49"E, along said
East Line, 210.61 feet, to the Northeast Corner of said Eastbrook Flats
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Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at
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Addition, and a Point on the South Line of Parcel 1 of "Ralston Creek South
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Page 20 of the Records of the Johnson County Recorder's Office; Thence
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of "Ralston Creek South Property Acquisition", in accordance with the Plat
thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson
County Recorder's Office; Thence S89°26'59"E, along said South Line,
373.32 feet, to the Southeast Corner thereof; Thence N01 °31'04"W, along the
East Line of said Parcel 1, a distance of 230.90 feet, to the Point of Beginning;
Thence continuing N01 °31'04"W, along said East Line, 525.20 feet; Thence
N20°10'51"E, along said East Line, 209.78 feet; Thence N50°29'32"E, along
said East Line, 690.91 feet, to the Northeast Corner thereof; Thence
N89°45'05"E, 177.85 feet, to a Point on the West Line of Windsor West - Part
Three, in accordance with the Plat thereof Recorded in Plat Book 58, at Page
235 of the Records of the Johnson County Recorder's Office; Thence
S00°50'20"E, along said West Line, and the West Line of Windsor West - Part
One, in accordance with the Plat thereof Recorded in Plat Book 50 at Page
266 of the Records of the Johnson County Recorder's Office, 1910.78 feet, to
the Southwest Corner of said Windsor West - Part One, and a Point on the
South Line of the Northwest Quarter of said Section 18; Thence N89°26'40"W,
along said South Line, 165.48 feet; Thence N00°48'17"W, 359.23 feet;
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This property is surrounded on three sides by City corporate limits, and is within the growth area
of Iowa City. American Legion Road is currently being designed to be upgraded to City
standards, including a wide sidewalk/trail and utility infrastructure. The Iowa City School
District recently established Hoover Elementary School approximately 1/2 mile to the
east. These factors make the property ripe for development.
The zoning of surrounding properties include Low Density Multi -Family (RM -12) to the west,
Public property to the north (Scott Park), Low Density Single Family (RS -5) to the east, and
High Density Single Family (RS -12) to the south. We have strove to be consistent with the
surrounding zoning, by transitioning from multi -family to single family from west to
east. Another factor in the rezoning proposal is meeting the City requirement that 10% of units
be designated for affordable housing.
Thank you for your consideration.
----- -
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Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ19-13)
Ordinance No. 20-4824
Ordinance conditionally rezoning land near the intersection of Eastbrook
Street and American Legion Road from Interim Development Single -Family
(ID -RS) to Neighborhood Public (P-1) for approximately 2.14 acres, to Low
Density Multi -Family Residential (RM -12) for approximately 10.64 acres,
and to Low Density Single -Family Residential (RS -5) for approximately
22.51 acres. (REZ19-13)
Whereas, the applicant, Allen Homes, Inc., has requested a rezoning of property located at
Eastbrook Street and American Legion Road from Interim Development Single -Family Residential
(ID -RS) to Neighborhood Public (P-1) for approximately 2.14 acres, to Low Density Multi -Family
Residential (RM -12) for approximately 10.64 acres, and to Low Density Single -Family Residential
(RS -5) for approximately 22.51 acres; and
Whereas, the Iowa City Fire Department's Community Risk Assessment and Standards of
Cover plan, indicate that a fifth fire station in the vicinity of the subject area is necessary to meet
City response time goals; and
Whereas, the Comprehensive Plan, specifically the Southeast District Plan, indicates that the
subject area is appropriate for low/medium density and medium/high density single-family
residential development; and
Whereas, this rezoning creates public needs for affordable housing, street connectivity,
housing diversity and scale, the enhancement of American Legion Road, traffic calming, and
connection to the City's trail network; and
Whereas, prior to annexation, Owners executed an Affordable Housing Pre -Annexation
Agreement; and
Whereas, by operation of this Pre -Annexation Agreement, Owner shall execute an
affordable housing agreement detailing compliance with those obligations prior to issuance of
any building permit for the subject property; and
Whereas, the Pre -Annexation Agreement remains in full force and effect, unchanged by this
rezoning; and
Whereas, the Comprehensive Plan calls for increasing housing options within the Southeast
District and encouraging a mix of housing types within new neighborhoods; and
Whereas, to ensure that the following policy goals from the comprehensive plan related to
neighborhood connectivity and housing scale are accomplished, the subject property shall
generally conform to the attached concept plan;
a. Ensure a mix of housing types within each neighborhood, to provide options for
households of all types (singles, families, retirees, etc.) and people of all incomes.
Ordinance No. 20-4824
Page 2
b. Encourage development on smaller lots that conserve land and allow for more
affordable single-family housing options.
C. Concentrate new development in areas contiguous to existing neighborhoods
where it is most cost effective to extend infrastructure and services.
d. Recognize the important relationship between transportation and land use by
requiring new neighborhoods to be designed in a manner that contributes to the
larger interconnected street pattern of the city and that provides for safe, efficient
and orderly movement of vehicular, pedestrian, and bicycle traffic; and
Whereas, there is a public need to improve American Legion Road for use as a modern
arterial road, which must include off-site stormwater drainage onto the subject property; and
Whereas, due to the long roadway, there is a public need to provide safe, efficient, and
orderly movement of vehicular traffic with traffic calming measurements such as traffic circles
and/or narrower traffic lanes to reduce vehicular speeds and achieve safe, efficient, and orderly
movement of vehicular traffic; and
Whereas, there is a public need for interconnected trails to provide safe, efficient and
orderly movement of pedestrian and bicycle traffic; and
Whereas, the trail connection on the property's far west side must be built to the
northern property line. The trail connection between Lots 23 and 24 must be made all the way
to the existing trail on City\property; and
Whereas, the Planning and'Zoning Commission has determined that, with reasonable
conditions regarding satisfaction of public needs through the provision of affordable housing,
conformance with the attached concept plan to allow for development of interconnected streets
and trails and diverse housing types, provision of a drainage easement to allow for
improvements to American Legion Road, the provision of traffic calming measures, the
requested zoning is consistent with the Comprehensive Plan; and
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that:
Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, the property described below is hereby reclassified from its current zoning
designation of Interim Development Single -Family Residential (ID -RS) zone to:
P-1
A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH,
RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of
the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line of
the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of
Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page
20 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence
N00°33'49"E, along the East Line of said Eastbrook Flats Addition, 299.19 feet; Thence
Ordinance No. 20-4824
Page 3
Northeasterly, 138.82 feet, along an arc of a 150.00 foot radius curve, concave Southeasterly,
whose 133.92 foot chord bears N64002'03"E; Thence S89°27'12"E, 145.99 feet; Thence
S00°32'48"W, 359.01 feet, to a Point on the South Line of the Northwest Quarter of said Section
18; Thence N89°26'40"W, along said South Line, 265.91 feet, to the Point of Beginning. Said
parcel contains 2.14 Acres, and is subject to easements and restrictions of record.
RM -12:
A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH,
RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of
the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line of
the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of
Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page
20 of the Records of the Johnson County Recorder's Office; Thence N00°33'49"E, along the East
Line of said Eastbrook Flats Addition, 299.19 feet, to the Point of Beginning; Thence continuing
N00°33'49"E, along said East Line, 210.61 feet, to the Northeast Corner of said Eastbrook Flats
Addition, and a Point on the South Line of Parcel 1 of "Ralston Creek South Property Acquisition",
in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the
Johnson County Recorder's Office; Thence S89°26'59"E, along said South Line, 373.32 feet, to
the Southeast Corner thereof; Thence N01°31'04"W, along the East Line of said Parcel 1, a
distance of 230.90 feet; Thence S72°19'56"E, 481.11 feet; Thence S00°48'17"E, 239.99 feet;
Thence S89'27'1 2"E, 165.05 feet; Thence S00°48'17"E, 359.23 feet, to a Point on the South Line
of the Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 738.21
feet; Thence N00°32'48"E, 359.01 feet; Thence N89°27'12"W, 145.99 feet; Thence
Southwesterly, 138.82 feet, along an arc of a 150.00 foot radius curve, concave Southeasterly,
whose 133.92 foot chord bears S64°02'03"W, to the Point of Beginning. Said parcel contains
10.64 Acres, and is subject to easements and restrictions of record.
RS -5:
A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH,
RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of
the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line of
the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Comer of
Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page
20 of the Records of the Johnson County Recorder's Office; Thence N00033'49"E, along the East
Line of said Eastbrook Flats Addition, 509.80 feet, to the Northeast Corner thereof, and a Point on
the South Line of Parcel 1 of "Ralston Creek South Property Acquisition", in accordance with the
Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County
Recorder's Office; Thence S89°26'59"E, along said South Line, 373.32 feet, to the Southeast
Corner thereof; Thence N01°31'04"W, along the East Line of said Parcel 1, a distance of 230.90
feet, to the Point of Beginning; Thence continuing N01°31'04"W, along said East Line, 525.20
feet; Thence N20°10'51"E, along said East Line, 209.78 feet; Thence N50°29'32"E, along said
East Line, 690.91 feet, to the Northeast Corner thereof; Thence N89045'05"E, 177.85 feet, to a
Point on the West Line of Windsor West - Part Three, in accordance with the Plat thereof
Recorded in Plat Book 58, at Page 235 of the Records of the Johnson County Recorder's Office;
Thence S00°50'20"E, along said West Line, and the West Line of Windsor West - Part One, in
Ordinance No. 20-4824
Page 4
accordance with the Plat thereof Recorded in Plat Book 50 at Page 266 of the Records of the
Johnson County Recorder's Office, 1910.78 feet, to the Southwest Corner of said Windsor West -
Part One, and a Point on the South Line of the Northwest Quarter of said Section 18; Thence
N89°26'40"W, along said South Line, 165.48 feet; Thence N00°48'17"W, 359.23 feet; Thence
N89027'12"W, 165.05 feet; Thence N00°48'17"W, 239.99 feet; Thence N72°19'56"W, 481.11 feet,
to the Point of Beginning. Said parcel contains 22.51 Acres, and is subject to easements and
restrictions of record.
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 III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s)
and the City, following passage and approval of this Ordinance.
Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the
same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all
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 2nd day of June
Attest:
City Cierk
20 20
Tzllv� / e�
Mayoro 61
v dby: �{ (�
t.\i O�L�
City Attorney's Office
(Sara Greenwood Hektoen — 04/30/2020)
Ordinance No. 20-4824
Page 5
It was moved by Weiner and seconded by Salih
Ordinance as read be adopted, and upon roll call there were:
AYES
NAYS: ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
that the
First Consideration 05/05/2020
Voteforpassage:AYES: Mims, Salih, Taylor, Teague, Thomas, Weiner,
Bergus. NAYS: None. ABSENT: None.
Second Consideration 05/19/2020
Vote for passage'
AYES: Mims, Salih, Taylor, Thomas, Weiner,Bergus.
NAYS: None. ABSENT: Teague.
Date published 06/11/2020
Prepared by: Ray Heitner, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5238 (REZ19-13)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"). Summit Ridge, LLC and Allen Development, LLC (hereinafter collectively
referred to as "Owners"), and Allen Homes, Inc. (hereinafter "Applicant").
Whereas, Owners are the collective legal title holders of approximately 35.29 acres of
property located at the northeast corner of Eastbrook Street and American Legion Road; and
Whereas, prior to annexation, Owners executed an Affordable Housing Pre -Annexation
Agreement; and
Whereas, said Pre -Annexation Agreement, recorded in Book 6021, Page 535, in the
records of the Johnson County Recorder, requires Owner to:
i. rent or sell 10% of the total units constructed on the above-described real estate to
income -eligible families for a period of 20 years from the date certificates of occupancy are
issued for each such affordable unit, to be administered in accordance with Iowa City Code of
Ordinance 14-213-8, or a similar state or federal housing program; or
ii. convey 10% of the total units to the City or an affordable housing provider for such
affordable housing purposes; or
iii. the payment of a fee -in -lieu thereof to the City's affordable housing fund, in an
amount established by Resolution 18-213, approved on July 17, 2018, or, if said resolution has
been rescinded at the time Owners apply for a building permit, as otherwise established by
Council resolution; and
Whereas, by operation of this Pre -Annexation Owner shall execute an affordable
housing agreement detailing compliance with those obligations prior to issuance of any building
permit for the subject property; and
Whereas, the Pre -Annexation Agreement remains in full force and effect, unchanged by
this rezoning; and
Whereas, to ensure that the following policy goals from the comprehensive plan related
to neighborhood connectivity and housing scale are accomplished, the subject property shall
generally conform to the attached concept plan;
a. Ensure a mix of housing types within each neighborhood, to provide options for
households of all types (singles, families, retirees, etc.) and people of all incomes.
b. Encourage development on smaller lots that conserve land and allow for more
affordable single-family housing options.
c. Concentrate new development in areas contiguous to existing neighborhoods where
it is most cost effective to extend infrastructure and services.
d. Recognize the important relationship between transportation and land use by
requiring new neighborhoods to be designed in a manner that contributes to the
larger interconnected street pattern of the city and that provides for safe, efficient and
orderly movement of vehicular, pedestrian, and bicycle traffic; and
Whereas, there is a public need to improve American Legion Road for use as a modern
arterial road; and
Whereas, said improvements require off-site stormwater drainage onto the subject
property; and
Whereas, a drainage easement must be provided, at a location to be determined by the
City Engineer; and
Whereas, there is a public need to provide safe, efficient, and orderly movement of
vehicular traffic; and
Whereas, staff may impose traffic calming measurements such as traffic circles and/or
narrower traffic lanes to reduce vehicular speeds and achieve safe, efficient, and orderly
movement of vehicular traffic; and
Whereas, there is a public need for interconnected trails to provide safe, efficient and
orderly movement of pedestrian and bicycle traffic; and
Whereas, the trail connection on the property's far west side must be built to the
northern property line. The trail connection between Lots 23 and 24 must be made all the way to
the existing trail on City property; and
Whereas, Owners and Applicant have requested the rezoning of said property from
Interim Development Single -Family Residential (ID -RS) zone to Neighborhood Public (P-1) for
approximately 2.14 acres; to Low Density Multi -Family Residential (RM -12) for approximately
10.64 acres, and to Low Density Single -Family Residential (RS -5) for approximately 22.51
acres; and
Whereas, this rezoning creates public needs for affordable housing, street connectivity,
housing diversity and scale, the enhancement of American Legion Road, traffic calming, and
connection to the City's trail network; and
Whereas, the Planning and Zoning Commission has determined that, with reasonable
conditions regarding satisfaction of these public needs through the provision of affordable
housing, conformance with the attached concept plan to allow for development of
Interconnected streets and trails and diverse housing types, provision of a drainage easement to
allow for improvements to American Legion Road, the provision of traffic calming measures; and
Whereas, Iowa Code §414.5 (2020) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, the Owners and Applicant agree to develop this property in accordance with
the terms and conditions of this Conditional Zoning Agreement.
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as
2
follows:
Summit Ridge, LLC and Allen Development, LLC are the collective legal title holders of
the property legally described as:
DESCRIPTION - REZONING PARCEL #1 (ID -RS TO P-1)
A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH,
RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of
the Fifth Principal Meridian, Johnson County, Iowa; Thence S89026'40"E, along the South Line
of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner
of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at
Page 20 of the Records of the Johnson County Recorder's Office, and the Point of Beginning;
Thence N00°3349"E, along the East Line of said Eastbrook Flats Addition, 299.19 feet; Thence
Northeasterly, 138.82 feet, along an arc of a 150.00 foot radius curve, concave Southeasterly,
whose 133.92 foot chord bears N64°02'03"E; Thence S89027'12"E, 145.99 feet; Thence
S00032'48"W, 359.01 feet, to a Point on the South Line of the Northwest Quarter of said Section
18; Thence N89°26'40"W, along said South Line, 265.91 feet, to the Point of Beginning. Said
Rezoning Parcel #1 contains
2.14 Acres, and is subject to easements and restrictions of record.
DESCRIPTION - REZONING PARCEL #2 (ID -RS TO RM -12)
A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH,
RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of
the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line
of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner
of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at
Page 20 of the Records of the Johnson County Recorder's Office; Thence N00°33'49"E, along
the East Line of said Eastbrook Flats Addition, 299.19 feet, to the Point of Beginning; Thence
continuing N00°33'49"E, along said East Line, 210.61 feet, to the Northeast Corner of said
Eastbrook Flats Addition, and a Point on the South Line of Parcel 1 of "Ralston Creek South
Property Acquisition", in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84
of the Records of the Johnson County Recorder's Office; Thence S89"26'59"E, along said
South Line, 373.32 feet, to the Southeast Corner thereof; Thence N01 031'04"W, along the East
Line of said Parcel 1, a distance of 230.90 feet; Thence S72019'56"E, 481.11 feet; Thence
S00048'17"E, 239.99 feet; Thence S89027'12"E, 165.05 feet; Thence S00048'17"E, 359.23 feet,
to a Point on the South Line of the Northwest Quarter of said Section 18; Thence N89026'40"W,
along said South Line, 738.21 feet; Thence N00°3248"E, 359.01 feet; Thence N89°27'12"W,
145.99 feet; Thence Southwesterly, 138.82 feet, along an arc of a 150.00 foot radius curve,
concave Southeasterly, whose 133.92 foot chord bears S64°02'03"W, to the Point of
Beginning. Said Rezoning Parcel #2 contains 10.64 Acres, and is subject to easements
and restrictions of record.
DESCRIPTION - REZONING PARCEL #3 (ID -RS TO RS -5)
A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH,
RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of
the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line
of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner
of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at
Page 20 of the Records of the Johnson County Recorder's Office; Thence N00°33'49"E, along
the East Line of said Eastbrook Flats Addition, 509.80 feet, to the Northeast Corner thereof, and
a Point on the South Line of Parcel 1 of "Ralston Creek South Property Acquisition", in
accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the
Johnson County Recorder's Office; Thence S89°26'59"E, along said South Line, 373.32 feet, to
the Southeast Corner thereof, Thence N01031'04"W, along the East Line of said Parcel 1, a
distance of 230.90 feet, to the Point of Beginning; Thence continuing N01°31'04"W, along said
East Line, 525.20 feet; Thence N20010'51"E, along said East Line, 209.78 feet; Thence
N50029'32"E, along said East Line, 690.91 feet, to the Northeast Corner thereof; Thence
N89045'05"E, 177.85 feet, to a Point on the West Line of Windsor West - Part Three, in
accordance with the Plat thereof Recorded In Plat Book 58, at Page 235 of the Records of the
Johnson County Recorder's Office; Thence S00°50'20"E, along said West Line, and the West
Line of Windsor West - Part One, in accordance with the Plat thereof Recorded in Plat Book 50
at Page 266 of the Records of the Johnson County Recorders Office, 1910.78 feet, to the
Southwest Corner of said Windsor West - Part One, and a Point on the South Line of the
Northwest Quarter of said Section 18; Thence N89026'40"W, along said South Line, 165.48 feet;
Thence N00°48117"W, 359.23 feet; Thence N89°27'12"W, 165.05 feet; Thence N00048'17"W,
239.99 feet; Thence N72°19'56"W, 481.11 feet, to the Point of Beginning. Said Rezoning Parcel
#3 contains 22.51 Acres, and is subject to easements and restrictions of record.
2. Owners and Applicant acknowledge that the City wishes to ensure conformance to the
principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code
§414.5 (2020) provides that the City of Iowa City may impose reasonable conditions on
granting a rezoning request, over and above the existing regulations, in order to satisfy
public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owners and Applicant agree
that development of the subject property will conform to all other requirements of the
Zoning Code, as well as the following conditions:
a. No building permit shall be issued for any portion of the subject property unless and
until the property has been subdivided pursuant to Iowa City Code Chapter 15; and
b. Any final plat shall generally conform to the attached concept plan, dated
02/2612020, particularly with regard to the extension of Eastbrook Street to the north -
south street, and the development of single-family, townhouse, and stacked -flat
multi -family housing; and
c. Final plat of the eastern portion of land shall include a drainage easement of a size
and in a location to be determined in coordination with the City Engineer, which shall
be dedicated to the City, in a form of agreement acceptable to the City Attorney; and
d. Any final plat shall include traffic calming measures such as traffic circles and
narrower lane widths, and must be incorporated to the satisfaction of City staff to
address concerns related to speeding; and
e. Owner shall install the trail connections described above and shown in the attached
concept plan at such time as the public improvements are installed for any
subdivision of the subject property and in accordance with any subdivider's
agreement executed at the time a final plat is approved.
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2020), and that said conditions satisfy public needs that are caused
by the requested zoning change.
5. This Conditional Zoning Agreement shall be deemed to be a covenant running with the
land and with title to the land, and shall remain in full force and effect as a covenant with
title to the land, unless or until released of record by the City of Iowa City. The parties
further acknowledge that this agreement shall inure to the benefit of and bind all
successors, representatives, and assigns of the parties. In the event the subject property
is transferred, sold, redeveloped, or subdivided, all development will conform with the
terms of this Conditional Zoning Agreement.
6. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners
or Applicant from complying with all other applicable local, state, and federal regulations.
7. This Conditional Zoning Agreement shall be incorporated by reference into the
ordinance rezoning the subject property, and that upon adoption and publication of the
ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at
the Applicant's expense.
Dated this 2nd day of June —,20 20
City of Iowa City
r ce Teague, Mayor
Attest:
Kellib Fruehling, Ci Clerk
p ov d by:
City Attorney's Office 5 S 2r+7O
City of Iowa City Acknowledgement:
Summit Ridge LLC
By:
Allen Develop nt LLC
By:
Allen Homes, C.
By:
State of Iowa
ss:
Johnson County
This instrument was acknowledged before me on j LeAe- 2— 202-Oby Jka-Bretee
Lacegmerten and Kellie Fruehling as Mayor and jty CI rk, re/1 y, of the City of Iowa City.
Notary Public in angor the State of Iowa
(Stamp or Seal)Wam;
Y232Title (and Rank) a
d. Any final plat shall include traffic calming measures such as traffic circles and
narrower lane widths, and must be incorporated to the satisfaction of City staff to
address concerns related to speeding; and
e. Owner shall install the trail connections described above and shown in the attached
concept plan at such time as the public improvements are installed for any
subdivision of the subject property and in accordance with any subdivider's
agreement executed at the time a final plat is approved.
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2020), and that said conditions satisfy public needs that are caused
by the requested zoning change.
5. This Conditional Zoning Agreement shall be deemed to be a covenant running with the
land and with title to the land, and shall remain in full force and effect as a covenant with
title to the land, unless or until released of record by the City of Iowa City. The parties
further acknowledge that this agreement shall inure to the benefit of and bind all
successors, representatives, and assigns of the parties. In the event the subject property
is transferred, sold, redeveloped, or subdivided, all development will conform with the
terms of this Conditional Zoning Agreement.
6. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners
or Applicant from complying with all other applicable local, state, and federal regulations.
7. This Conditional Zoning Agreement shall be incorporated by reference into the
ordinance rezoning the subject property, and that upon adoption and publication of the
ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at
the Applicant's expense.
Dated this (j day of /r r �, 20_,
City of Iowa City Summit Ridge LLC
NI
Bruce Te nue, Mayor By;
Attest:
Kellie Fruehling,C' t Clerk
Approved by:
CityAttomey' Office
City of 10
a City Acknowledgement:
Allen Development LLC
rL fi By:
Allen Homes, Inc.
By:
Summit Ridge LLC Acknowledgement:
State of •'p 1q1
County of�o�i
This record was acknowledged before me on M o I/
2020 b
�P/Je (Name(s) of individual(s) as i'+cp-A,i 7_�y,�. .,
(type of authority, such as officer or trustee) of Summit Ridge LLC.
-7v,%lyg
Notary Public in and for4he SUte of Iowa
(Stamp or Seal)
Title (and Rank) I o o¢ IONN w PAPP
um; COmmbulon Number 8156%
_LIN
• My Commission Emires
My commission expires: Marcn 8 20
Allen Development LLC Acknowledgement:
State of _ff4.
County of _-7-pAJs^/
This record was acknowledged before me on f+U L 1 f 2020 by
�'i/✓a /-i//t. (Name(s) of individual(h) as ec:Q / ew 44
(type of authority, such as officer or trustee) of Allen Development, LLC. '
-7 .4 Y -w--
Notary Public In and for thfi S416 of Iowa
(Stamp or Seal) zzoz's gonw
tagdx3 410122=61y
Title (and Rank) 969518nN ugsywuwO �o c
ddVA At NNOr
My commission expires:
Allen Homes, Inc. Acknowledgement:
State of _14
County of J—o*Ve✓
This record was acknowledged before me on /)Uv 2020 by
/t� fel/r.� (Name(s) of individual( as
(type of authority, such as officer or trustee) of Allen Homes', Inc.
Notary Public iand for thdState of Iowa
(Stamp or Seal) oNm1 b YFrP
110i COMMWM WjW 81559°
Title (and Rank) M. CommlplM Expitea
Paercb 8, 2022
My commission expires:
161111� 1
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