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HomeMy WebLinkAboutJohnson County Recorder 2020Page # Page 1 Date 1 Res 20-6, accepting the dedication of easements, partially accepting the public improvements 01/24/20 And certain sidewalks for the Foster Road extension between Dubuque Street and Prairie du Chien Road, and declaring the improvements open for public access and use. 2 Iowa City Board of Adjustment Decision of January 8, 2020 (1) EXC19-12, approval of a 01/31/20 Special exception allowing a quick vehicle servicing use in the RFC -SG zone at the northeast Corner of S. Gilbert and Highland Ave. 3 Iowa City Board of Adjustment Decision of February 12, 2020 (1) EXC20-01, approval of a 02/28/20 Special exception allowing the expansion of an animal related commercial use in a Commercial Office (CO -1) zone at the property located at 3030 Northgate Drive subject to conditions. 4 Amendment No 1 to the Access Easement and Parking Agreement with Iowa City Hotel 03/04/20 Associates, LLC. 5 Res 20-19, Annex approximately 35.29 acres of land located north of American Legion Rd 03/30/20 And east of Eastbrook Street. 6 Ord 20-4818, conditionally rezoning approximately 35.29 acres of land located north of 03/30/20 American Legion Road and east of Eastbrook Street from County Residential (R) zone to Interim Development — Single -Family Residential (ID -RS) zone. 7 Iowa City Board of Adjustment Decision of April 8, 2020 (1) EXC20-03, approval of a 05/01/20 Special exception to waive the minimum requirement 2 -story requirement and extend the expiration date until January 30, 2021. 8 Iowa City Board of Adjustment Decision of May 13, 2020 (1) EXC20-04, approval of a 06/03/20 Reduction of the required front setback requirement along Melrose Circle from 15 feet to 12 feet for the property located at 6 Melrose Circle. 9 Ord 20-4824, conditionally rezoning land near the intersection of Eastbrook Street and 06/16/20 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 Low Density Single -Family Residential (RS -5) for approximately 22.51 acres. (REZ19-13) 10 Iowa City Board of Adjustment Decision of June 10, 2020 (1) EXC20-05, approval of a special 06/23/20 exception to allow the establishment of a Community Service — Long Term Housing use in a CI -1 zone that is adjacent to a single-family residential zone at Parcel 1022133012, subject to conditions. (2) EXC20-06, approval to allow the proposed changes to the nonconforming sign at the property located at 221 East Washington Street. 11 Ord 20-4825, conditionally rezoning approximately 0.53 acres of land located at 1335 07/13/20 Highway 1 West from Intensive Commercial (CI -1) to (CI -1). 12 Iowa City Board of Adjustment Decision of July 15, 2020 (1) EXC20-07, approval of a special 07/29/20 exception waive the 3 -foot parking setback behind the secondary street fagade along 3`d Street and from frontage type and related design requirements for the north fagade of the building, for the properties located at 1310 S. Gilbert Street & 348 Highland Ave, subject to conditions. (2) EXC19-12, approval of a special exception to extend the expiration date to July 30, 2021. Page 2 13 Res 20-205, approving final plat of Community View — Part One Subdivision, Iowa City, IA 09/23/20 14 Res 20-227, authorizing the Mayor to sign and the City Clerk to attest an amendment to sanitary 09/22/20 Sewer easement agreements associated with the Kwik Trip, Inc. site plan in the Braverman Center Subdivision. 15 Res 20-246, approving height bonuses for 305 and 315 E. Prentiss Street and 625 S. Gilbert St 10/29/20 In the Riverfrom Crossings — Central Crossings Zone. 16 Iowa City Board of Adjustment Decision of October 14, 2020 (1) EXC20-0001, approval of a 11/17/20 Drive-through lane in an Intensive Commercial (CI -1) zone for property located at 1335 Highway 1 West, subject to conditions. 17 Res 20-243, approving final plat of West Side Estates, Phase Two Subdivision, Iowa City, IA. 11/18/20 18 Iowa City Board of Adjustment Decision of November 18, 2020 (1) EXC20-0002, approval of 12/02/20 a drive-through facility in a Community Commercial (CC -2) zone for the property located at 531 Highway 1 West subject to conditions (2) EXC20-0003, approval of a general manufacturing use between 5,000 and 15,000 square feet in a Community Commercial (CC -2) zone for the property located at 531 Highway 1 West subject to conditions. 19 Iowa City Board of Adjustment Decision of December 9, 2020 (1) EXC20-0004, approval of 12/18/20 a drive-through facility in the Community Commercial (CC -2) zone for the property located at 1120 North Dodge Street, subject to conditions. (2) EXC20-0005, approval of a multi -family use in a Community Commercial (CC -2) zone for property located at 1120 N Dodge Street, subject to conditions. (3) EXC20-0006, approval of flexibility through the Commercial Reuse Exception in a Community Commercial (CC -2) for the property located at 1120 North Dodge Street, subject to conditions. (4) EXC20-0007, approval of a reduction in the minimum parking requirement by 60 percent for the properties located at 109, 111, 113-115, 117-119, 121, 127 E. College Street, subject to conditions. 20 Ord 204839, conditionally rezoning approximately 4 acres of land located at Myrtle Avenue 12/21/20 and S. Riverside Drive to Riverfront Crossings — West River&ont (RFC -WR) zone. 21 Res 20-279, authorizing the Mayor to sign and the City Clerk to attest a Partial Vacation of 12/21/20 Conservation Easement Agreement for Lot 97, Walnut Ridge, Part 10. III�I�IIIIIIIIIIIIuIIII�IIIInIIIIIIIIIII�IIuIfIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 027601800007 Type: GEN Kind: RESOLUTION - Recorded: 01/24/2020 at 01:37:59 PM Fee Amt: $37.00 Page 1 of 7 Johnson County Iowa Kim Painter County Recorder BK6002 PG991-997 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 20-6 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 7th day of January 2020, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 17th day of January 2020. Kelliek. Fruehling �J City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 1 Prepared by: Josh Slattery, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 Resolution No. 20-6 Resolution accepting the dedication of easements, partially accepting the public improvements and certain sidewalks for the Foster Road extension between Dubuque Street and Prairie du Chien Road, and declaring the improvements open for public access and use. Whereas, in conjunction with approval of the Forest Hill Estates final plat, Foster Road Developers, LLC ("Developer") agreed to install certain public improvements within said subdivision, as described in detail in the Subdivider's Agreement recorded in Book 5795, Page 540-578; and Whereas, pursuant to the Agreement for Private Development by and among the City and Foster Road Developers, L.L.C., et al, a memorandum of which is recorded in Book 5817, Page 51-59, Developer agreed to install public improvements beyond the boundaries of said subdivision for the length of Foster Road from Dubuque Street to Prairie du Chien; and Whereas, to facilitate construction of certain improvements beyond the boundaries of the subdivision, the Developer obtained off-site underground utility easements from Steven and Kitty Highly, and Peter and Patricia Van Gerpen, to be dedicated to the City upon completion of the improvements; and Whereas, it is in the public interest to accept the dedication of said easements; and Whereas, with certain exceptions to be detailed in a partial release agreement, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications approved by the Engineering Division for both of the above-described obligations: Sanitary sewer, storm sewer, and water main improvements for the Foster Road extension between Dubuque Street and Prairie du Chien Road, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for the Foster Road extension between Dubuque Street and Prairie du Chien Road, as constructed by Streb Construction Co, Inc. of Coralville, Iowa, including the street, trail and sidewalks, except those adjacent to Lot 5. Communication line conduit and fixtures for the Foster Road extension between Dubuque Street and Prairie du Chien Road, as constructed by Slabach Construction Co. of Kalona, Iowa. Street Trees for the Foster Road extension between Dubuque Street and Prairie du Chien Road, as constructed by Suburban Landscape Associates of North Liberty, Iowa Whereas, due to weather constraints on construction, certain final punchlist items cannot be completed at this time; Resolution No. 20-6 Page 2 Whereas, the City finds it in the best interest of the public, however, to open the improvements for public use at this time, release the obligation for constructing such from an encumbrance on the property and instead accept an escrow to insure final completion of the punchlist items; and Whereas, an escrow has been deposited with the City and the maintenance bonds have been filed in the City Clerk's office; and Whereas, the City of Iowa City has notified those contractors listed of the date on which it will consider acceptance of the aforementioned public improvements; and Whereas, the traffic control signs and pavement markings have been installed. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The above-described improvements are hereby accepted by the City of Iowa City, Iowa, except as set forth in and subject to the attached partial release agreement; 2. All dedications and public improvements previously set aside as not being open for public access are hereby formally declared open for public access and use; 3. Acceptance of underground utility easements in forms approved by the City Attorney's Office is hereby approved and authorized; and 4. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said easements, execution of said partial release agreement, and to record the same at Developer's expense. Passed and approved this 7th day of January _,2020 r Approved Attest: City Clerk City Attorney's Office t/2 /aa o, It was m ved by Mims and seconded by adopt d upon roll call there were: Ayes: Nays: X X X X X X X Salih Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be k Prepared by: Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 PARTIAL RELEASE AGREEMENT CONCERNING FOSTER ROAD EXTENSION FOREST HILL ESTATES IOWA CITY, IOWA This Partial Release Agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City") and Foster Road Developers, LLC as Owner and/or Subdivider of Forest Hill Estates (hereinafter "Developer"). IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. That by reason of the Subdivider's Agreement for Forest Hill Estates, Iowa City, Iowa, approved by the Iowa City City Council on May 29, 2018 and recorded in the Johnson County Recorder's Office on June 12, 2018, among the filings in Book 5795, Pages 540- 578, and the Agreement for Private Development by and among the City and Foster Road Developers, L.L.C., et al, a memorandum of which is recorded in Book 5817, Page 51-59, Developer agreed to install public improvements (hereinafter "Public Improvements") as a benefit to the subdivision. 2. The parties acknowledge that these obligations are deemed a covenant running with the land and with title to the land. 3. The City acknowledges that installation of the Public Improvements is substantially completed for purposes of satisfying the obligations set forth in the Subdivider's Agreement, but that final release of the Public Improvements by the City is not yet appropriate. For this reason, the Subdivider's Agreement constitutes a lien and cloud on the property described above. 4. That on December 23, 2019, Developer placed a $19,030.00 cash payment in escrow with the City for said subdivision. The parties further acknowledge that this escrow is being retained by the City pending completion of the attached punch list items necessary to finally complete the Public Improvements, as certified by the City Engineer and issuance of a final release by the City for the Public Improvements. 5. In consideration of the City's release of its lien on the property, Developer agrees that the lien on the property in Forest Hill Estates, Iowa City, Iowa shall be transferred to and shall immediately attach to the escrow for this property, and that this lien shall remain attached to the escrow until such time as the conditions for total release set forth in the above-described 2 subdivider's agreement have been satisfied. At such time, the City will issue a final release to the Owner for recordation. If the Owner does not discharge its obligations for the Public Improvements as outlined in the above -referenced agreements and as stated herein, the City shall be entitled to draw on the escrow as outlined in the terms of such escrow and the above -referenced agreements. However, this remedy shall not be exclusive of any other remedy provided in law or equity. 6. Owner agrees that said escrow will be retained until all work on the Public Improvements is completed and the Public Improvements is finally released by the City as provided above. 7. In consideration thereof, the City does hereby release Forest Hill Estates, Iowa City, Iowa from any lien or cloud now placed on the title to the above property for the purposes stated in Paragraphs 1 through 6 above, and arising out of the agreements referenced in Paragraph 1 above. 8. This Partial Release Agreement shall not be construed as a release of owner's obligations to install the Public Improvements and the site work incident thereto, which obligations shall remain the Owner's responsibility until the improvements to the Public Improvements have been completed and finally released by the City. Nor shall this Partial Release Agreement in any way alter, amend or modify the Subdivider's Agreement recorded in the Johnson County Recorder's Office as provided in Paragraph 1 above, except as provided in this agreement. Dated this -7 day ofS,,jd4j", 2020. CITY O IOWA CITY, IOWA Foster Road Develo ers, L C. By: By: Mayor ember Attest: City Clerk Approved By STATE OF IOWA )ss: City Attorney's Office z�ay JOHNSON COUNTY ) This instrument was acknowledged before me on this 74 day of q_n r , 2020, by _&, and Ke` i'� as Mayor and City Clerk, respectively, of said cipal corporation`on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Ma,"nr- and C,i±. CLerk acknowledged that execution of said instrument to be the voluntary act and deed of id municipal corporation and by them voluntarily executed. CO 091[ [A � ��.10A4s CF,R,CTINEOLNEY z *,ii f, Commission NuMCommi * OWA * % J STATE OF IOWA ) )ss: JOHNSON COUNTY ) 3 Notary Public in and f the State of Iowa This instrument was acknowledged before me on this 15 day of (�J" u , 2020, by brain 5.h l �qw (name(s) of person(s)) as 014kViv* (type of aut ority, e.g., officer, trustee, etc.) of Foster Road Developers, L. L.C. MARY E McCHRISTY Commission Number 145459 =A116 �` My Commission Expires Notary Pub is in and for the State of o a D 2 PUNCH LIST ITEMS 1. Raise storm sewer manhole R-60 to be flush with the surface pavement using Mr. Manhole method. Replace the lid to include the Iowa City casting. 2. Repair crack in the curb adjacent to intake along Prairie du Chien immediately south of intersection radius of Foster Road. 3. Establish grass cover over all non -paved areas of site. 4. Adjust valve boxes and tracer wire boxes. 5. Complete grading around hydrants. 6. Complete grading within parkway in front of Lot 3. M INUIIIIINIIIIIIIIIIIIIIIN�I�lllllllllllllllllllllllllllllllllllllllillllll Doc ID: 027601810003 Type: GEN Kind: EASEMENT Recorded: 01/24/2020 at 01:40:30 PM Fee Amt: $17.00 Pape 1 of 3 Johnson County Iowa Kim Painter County Recorder BK6002 PG998-1000 Prepared by: James D. Houghton, Anderson & Houghton, L.L.P., 568 Highway 1 West, Iowa City, IA 52240; Telephone: (319) 351-8600; Email: jim@iclaw.net UNDERGROUND UTILITY EASEMENT In consideration of the sum of $1.00 and other valuable consideration, the undersigned owner ("Grantor") hereby grants to the City of Iowa City, Iowa, MidAmerican Energy Co., Centurylink, Inc. and Mediacom, and their successors (hereinafter collectively "Grantees"), a perpetual easement upon, over, under, along and across the area designated "Utility Easement," as shown on the attached Easement Plat.. The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving Forest Hill Estates Subdivision and other property with electricity, gas, and communication services; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them, and repair any damages caused by them within the easement areas. Grantees shall indemnify Grantors against any unreasonable loss or damage which may occur in the negligent exercise of the easement rights granted herein. Grantor, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the Grantees' full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for utility easement but, with advance written authorization from the Grantees' representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantees' rights, however, include the right to remove and/or clear away any such gardens, shrubs, minor landscaping, bushes and plantings within the easement area without compensation to Grantor or its successors in interest. Dated this _,/7day of 12018. EASEMENT PIAT UTILITY CITY OF IOWA CITY, JOHNSON COUNTY, IOWA INDEX LEGEND tmar. loeu q Fa'a:n baa::Cew kmm Fepwv: Poabl O— Pptl Oevulggn, LLC GrtryMn. Vq G[Ipv:vNauYryn ietile ILC Suw1v. 1 KE E.N ]ennr [:eN [ryNxe:q llC 509$ Gioorl5l bae (Y.y, qne 5010 `y v// ' mw1 •n� VJ'// VUSTUb�0A0 rf m. �0 ��1 NJ V.gp,r Ca�Friy lMaYa mwemnsslxarl VOmlgmwn EASEMENT PLAT UTILITY EASEMENT CITY OF IOWA CRY, JOHNSON COUNTY, IOWA Os dgJAS E. '. :N: Qj599 AE _ Sou 99���__ll■■ — 1 nn Ptl,l $07 is 11luk1'IN Ni,,11'UJti' 71 TUN SZL1U Nd6.re1e ENGINEERING PAX: (11-1. t>29e 1 r.m' IOFI sunv.vo [ecsnP.,+o x:a[s NOTE: w.am�ovanu,a — 1 I 1 vy+ovy 1. EARINGS IS RE IN WE [aarq[u•+[ ______- EUAD4 IOWA PLWE COORDINATE SYSTEM SOUTH ZONE t[4099. IOWA SYMEASURUTH ZONE V.gp,r Ca�Friy lMaYa mwemnsslxarl VOmlgmwn EASEMENT PLAT UTILITY EASEMENT CITY OF IOWA CRY, JOHNSON COUNTY, IOWA Os dgJAS E. '. :N: Qj599 AE _ Sou 99���__ll■■ — 1 nn Ptl,l $07 is 11luk1'IN Ni,,11'UJti' 71 TUN SZL1U Nd6.re1e ENGINEERING PAX: (11-1. t>29e 1 r.m' IOFI sunv.vo [ecsnP.,+o x:a[s NOTE: w.am�ovanu,a — vy+ovy 1. EARINGS IS RE IN WE [aarq[u•+[ ______- EUAD4 IOWA PLWE COORDINATE SYSTEM SOUTH ZONE t[4099. IOWA SYMEASURUTH ZONE ea0'1ia ? LINEAR DIMENSIONS MEIN U.S. SURVEY FEET AND DECIMALS THEREOF. V.gp,r Ca�Friy lMaYa mwemnsslxarl VOmlgmwn EASEMENT PLAT UTILITY EASEMENT CITY OF IOWA CRY, JOHNSON COUNTY, IOWA Os dgJAS E. '. :N: Qj599 AE _ Sou 99���__ll■■ — 1 nn Ptl,l $07 is 11luk1'IN Ni,,11'UJti' 71 TUN SZL1U Nd6.re1e ENGINEERING PAX: (11-1. t>29e 1 r.m' IOFI OWNERS: CONTRACT SELLERS: Peter Van Gerpen STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) G?e U(diY1 Patricia Van Gerpen M1 8 This instrument was acknowledged before me on this I7 qday of 1-6j- 2018, by Peter Van Gerpen and Patricia C. Van Gerpen, husband and wife. Notary Public in and for said State STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) Thi instrument was acknowledged before me on this !7— day oft re 2018, by to a /hooand �uSIA h ice. (Y16� as Member/Managers of Hawkeye Trailer Court, LLC, an Iowa limited liability company. Notary Public in and for said State Jt.t ANNE VES?A ° Commission Numtrer 742084 MMImmiss n Ex ir®s -a�-� ;Doo ID: 027601820003 Type: GEN Kind: EASEMENT Recorded: 01/24/2020 at o%44:03 PM Fee Amt: $17.00 Pape 1 of 3 Johnson County Iowa Kim Painter County Recorder BK6003 PGI -3 Prepared by: James D. Houghton, Anderson & Houghton, L.L.P., 568 Highway 1 West, Iowa City, IA 52240; Telephone: (319) 351-8600; Email: jim@iclaw.net UNDERGROUND UTILITY EASEMENT In consideration of the sum of $1.00 and other valuable consideration, the undersigned owner ("Grantor") hereby grants to the City of Iowa City, Iowa, MidAmerican Energy Co., Centurylink, Inc. and Mediacom, and their successors (hereinafter collectively "Grantees"), a perpetual easement upon, over, under, along and across the area designated "Utility Easement," as shown on the attached Easement Plat.. The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving Forest Hill Estates Subdivision and other property with electricity, gas, and communication services; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them, and repair any damages caused by them within the easement areas. Grantees shall indemnify Grantors against any unreasonable loss or damage which may occur in the negligent exercise of the easement rights granted herein. Grantor, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the Grantees' full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for utility easement but, with advance written authorization from the Grantees' representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantees' rights, however, include the right to remove and/or clear away any such gardens, shrubs, minor landscaping, bushes and plantings within the easement area without compensation to Grantor or its successors in interest. Dated this L day of L 2018. Steven M. Highly STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this II day of Zt7 Lam' 2018, by Steven M. Highly. v�Eea�r �. wuYER commiWon tuner 7ta•2a Notary Publi(An and for said S STATE OF IOWA ) ) as: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this _� day of 7 1 2018, by Kitty S. Highly. VOWR i bW11, neaNotary Public in dfor said State d EASEhffiNT PIAT UTILITY CITY OF IOWA CITY, JOHNSON COUNTY. IOWA INDEX LEGEND ra, vnILO Eawa Ix py US bmvlCwM RpvY.y. Fmwro.aw..Em.. uc Pro{hb. R- E, s.wylr CMPoM. XBH CnjWaMp. LLC `A36.GLtnX bvOCp,kni633i0 Rmvn Ta. .& I I.& RS 'IFiGiyn6t w.a rny.w+, En.6 WoRm II t 1` III 11 _ . I a✓, M�1�1 � 1 m - 1 rm.m mT.swm L.Ra a Imwrt n usn... vml N mow am EASEMENT PLAT UTILITY EASEMENT CITY OF IOWA CITY. JOHNSON COUNTY, IOWA A' :O slu+our, ucErOw�r�nres THJ.4:SE NOTE: �Na •�: WGENEEE nnvu wy.ld....l :N: OS43 OF IS GFS MEASUREMENTS IN THE Ew'yEw+a ______ ?OWE I1. O84SIS INANE OARINOS SOOT IOWA PLANE COORDINATE SYSTEM 60lN11 ZONE NA000 wamn6ar.«� I OF 1 2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND 6•m"� _ DECIMALS THEREOF. rm.m mT.swm L.Ra a Imwrt n usn... vml N mow am EASEMENT PLAT UTILITY EASEMENT CITY OF IOWA CITY. JOHNSON COUNTY, IOWA A' :O IlithHIM THJ.4:SE N �Na •�: WGENEEE nnvu w, :N: OS43 :Ai III FNGINF.F.RING IYx-IN. +5a:ar ?OWE IlithHIM 11,1'If :nv v 1,11 Itl.ilI nnvu IIIc{ 11 111 1 \ 321411 P1-143016 III FNGINF.F.RING IYx-IN. +5a:ar I OF 1 0004 Type: GEN 2020 at 10:10:40 AM Page 1 of 4 Johnson Cour Prepared by Anne Russett, Senior Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5251 Kim Painter SK6004 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JANUARY 8, 2020 EMMA J. HARVAT HALL MEMBERS PRESENT: Zephan Hazell, Ernie Cox, Amy Pretorius, Gene Chrischilles MEMBERS ABSENT: Bryce Parker N Q � STAFF PRESENT: Sue Dulek, Anne Russett �� �� —Ti OTHERS PRESENT: Siobhan Harman, Scott McDonough SPECIAL EXCEPTION ITEMS: o co i 1. EXC19-12: A public hearing regarding a special exception application subroAted b um & Go LLC to allow a quick vehicle servicing use in the Riverfront Crossings District i e Riverfront Crossings — South Gilbert (RFC -SG) zone located at the northeast corner of S. Gilbert Street and Highland Avenue. The Board concludes that all vehicular areas, including parking and stacking spaces, drives, aisles, and service lanes, will be screened from the public right of way to the S2 standard and to the S3 standard along any side or rear lot line that abuts a residential zone boundary based on the following findings: The subject site is not abutting any residentially zoned properties, so the S2 screening standards apply. o The S2 standard requires enough shrubs to form a landscape screen ranging between two and four feet in height The concept plan submitted by the applicant shows trees and shrubs screening the parking area along both Highland Ave. and 3fd St. and a wall screening the parking area along S. Gilbert St. Staff will ensure compliance with screening standards during design review and site plan review. The Board concludes that the proposed quick vehicle servicing use will have sufficient vehicle stacking spaces to prevent congestion and vehicle conflicts along abutting streets based on the following findings: The concept plan shows sufficient vehicle stacking and parking spaces to accommodate anticipated traffic volumes. The current access points off S. Gilbert St. create congestion and safety issues due to their proximity to nearby intersections and the amount of traffic this street experiences daily. Additionally, Highland Ave. experiences a significant amount of traffic as it is one of the few through east/west streets that cross the CRANDIC railroad. To help mitigate these issues, the condition that both Gilbert St. access points and one Highland Ave. access point must be closed was attached to the rezoning of this property on December 17, 2019. ,L The Board concludes that the unenclosed canopies over gas pump islands will be setback at least 10' from any street right of way and that fuel dispensing equipment will be setback at least 10' from any street right of way and at least 50' from any residential zone boundary based on the following findings: • The concept plan submitted by the applicant shows the canopy over the gas pump island at least 30 feet away from the right-of-way. • The site is not within 50' from any residential zone boundary. The Board concludes that the lighting will comply with the provisions of title 14, chapter 5, article G, "Outdoor Lighting Standards," based on the following finding: • All lighting will be reviewed during the design review stage by the Form Based Code Design Review Committee, as well as during the site plan review stage. The Board concludes that the quick vehicle servicing use will comply with the standards set forth in title 14, chapter 2, article G, "Riverfront Crossings and Eastside Mixed Use Districts Form Based Development Standards," based on the following finding: • During the design review stage, the Form -Based Code Design Review Committee will review the plans to ensure compliance with Chapter 2, Article G. The Board concludes that the quick vehicle servicing use will not have any detrimental or endangering effects on the surrounding public realm based on the following findings: • There is an existing convenience store with fuel sales located on this site. • This special exception will allow the reconstruction of the existing building and site to improve access from public streets, circulation within the site, and provide physical and aesthetic site improvements. • The recent rezoning included a condition that the applicant dedicate additional right-of-way along S. Gilbert St. in order to provide a more pedestrian friendly environment and create a wider landscaped buffer between traffic on S.ilbert St. and the public sidewalk. E' c' _t The Board concludes that the quick vehicle servicing use will not be injurious) to;thq ZZ of - other property in the immediate vicinity based on the following findings: -+c-) o rn �" t • As there is an existing convenience store with fuel sales on site to proposed:D use would not change. " • Approval of this special exception would allow for a reconstruction of this site with an updated building and landscaping, improving the building both aesthetically and physically. Any additional lighting and noise created by this redevelopment will not be injurious because of its location near Highway 6, its location on an arterial street (S. Gilbert St.), and all the development across S. Gilbert St. to the west. The Board concludes that the quick vehicle servicing use will not impede normal and orderly development and improvement of surrounding properties based on the following findings: 2 The surrounding properties are developed, but eligible for redevelopment under the Riverrront Crossings Form Based Code. The redevelopment of the subject property will improve circulation on S. Gilbert Street as the two current access points to the site will be closed. The Board concludes that all necessary utilities and other facilities (access roads, streets, sidewalks, storm water management etc.) are already in place for this property and the surrounding neighborhood. The Board concludes that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion based on the following findings: • The current site has access points off of S. Gilbert St., Highland Ave., and 3' St. A condition was attached to the recent rezoning that the applicant must close all access points from S. Gilbert St. and have only one access point from Highland Ave. in order to minimize traffic congestion on surrounding streets and at the intersection of S. Gilbert St. and Highland Ave. The Board concludes that the property complies with all other regulations and standards of the zone in which it is located. The Board concludes that the exception is consistent with the Comprehensive Plan of the City based on the following findings: • The Future Land Use Map of the Comprehensive Plan has designated this area for Mixed Use Development. o The Mixed Use land use designation includes a variety of retail, office, and residential uses. • The Comprehensive plan also supports urban infill and redevelopment in certain areas of the City, including in the Riverfront Crossings District. • The Riverfront Crossings Master Plan calls for a pedestrian scale development in this area along S. Gilbert St., with buildings to the front of the street and parking to the rear. It also calls for a retail/convenience store in this area to serve local residential and commercial uses. • The Master Plan envisions this area to be redeveloped and shows a building placed in the front corner of the lot with parking in the rear. DISPOSITON: by a vote of 4-0, the Board approved a special exception allowing a quick vehicle servicing use in the RFC -SG zone at the northeast corner of S. Gilbert St. and Highlan(tAve. o � TIME LIMITATIONS: �� o All orders of the Board, which do not set a specific time limitation on Applica�jplticihi sha t expire six (6) months from the date they were filed with the City Clerk, unless ffi application shall have taken action within such time period to establish the use or cons$oct the; improvement authorized under the terms of the Board's decision. City Code Sectio694-8C- 1 E, City of Iowa City, Iowa. Amy W6torius, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: ` � r, a s-aQ City Attorney's Office I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 8th day of January, 2020 as the same appears of record in my Office. Dated at Iowa City, this e� day ofCt 20�-O Kellie? K. Fruehfing, ty Clerk r 2 r..a CD M A .„. Y Q 2 Prepared by: Jade Pederson, Planning Intern, 410 E. Washington, Iowa City DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, FEBRUARY 12, 2020 EMMA J. HARVAT HALL IIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIINIIIIIIIIVIIIIII IIIIIIIIIIIIIIIIIIIII Poc ID: 027623620003 Type: GEN IA 52240; 319/356-5230 Kind: DECISION' " ' "' - Recorded: 02/28/2020 at 12:56:07 PR Fee Amt: $17.00 Pape 1 of 3 Johnson County Iowa Kim Painter County Recorder BK6012 PG176-178 MEMBERS PRESENT: Bryce Parker, Amy Pretorius, Gene Chrischilles N 4 MEMBERS ABSENT: Zephan Hazell, Ernie Cox o ---I STAFF PRESENT: Sue Dulek, Anne Russett --1 n OTHERS PRESENT: Allan Berger, Kim Garner, Thomas McInerney m x= SPECIAL EXCEPTION ITEMS: w 1. EXC20-01: A public hearing regarding a special exception application submitted by Man Berger and NREP, L.L.C. to expand an animal related commercial use in the Commercial Office (CO -1) zone at the property located at 3030 Northgate Drive. The Board concludes that all aspects of the operation of the facility, including any accessory uses will be conducted completely indoors within a soundproof building based on the following findings: Operation of the animal related commercial uses will remain in the portion of the primary building containing the veterinary clinic, as determined in EXC05-00002, which is soundproofed. Accessory structures will not be used for the storage of animals. The Board concludes that this expansion of an animal related commercial use will not have any detrimental or endangering effects on the surrounding public realm based on the following findings: On-site commercial uses will remain the same. The expansion of use will not increase traffic to the site. An existing maintenance shed, which has been broken into, will be removed with the construction of the new structures. The new structures will be more secure. The Board concludes that this expansion of an animal related commercial use will not be injurious to the use of other property in the immediate vicinity based on the following findings: The properties to the north, east, and west of the subject property are undeveloped. The animal related commercial use will remain in the existing building and will not be expanded into the proposed accessory structures. The accessory structures will be set back at a minimum of 15 feet 7 inches from the adjacent properties. The Board concludes that this expansion of an animal related commercial use will not impede normal and orderly development and improvement of surrounding properties based on the following findings: • The development or improvement of the surrounding properties will not be impacted by the proposed structures. • The structures will be located behind the existing building and away from the street and previous development. The Board concludes that this expansion of an animal related commercial use will have adequate utilities and other facilities (access roads, streets, sidewalks, storm water management, etc.) based on the following findings: The property already has access to all necessary utilities and facilities. Additional electrical service will connect to the primary building to utilize the power generated by the solar panels. An internal storm water drainage system connected to the existing primary building's system will be provided as required by the Subdivider's Agreement for the Highlander Development Third Addition. The storm water management plans will be reviewed to ensure compliance with the Subdivider's Agreement and applicable City codes as part of the site plan review process. The Board concludes that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion based on the following findings: The current site has two separated parking areas, each with access from Northgate Drive. The proposed area for the accessory structures connects to only the upper east parking lot, which is behind the primary building. No changes are being proposed to the existing parking or access. The Board concludes that the property complies with all other regulations and standards of the zone in which it is located. The Board concludes that the exception is consistent with the Comprehensive Plan of the City based on the following findings: • The current designation of this property is consistent with the Future Land Use Map of the Comprehensive Plan and will not change because of the exception. • The Comprehensive Plan encourages the responsible use of natural and energy resources. DISPOSITON: By a vote of 3-0, the Board approved a special exception allowing the expansion of an animal related commercial use in a Commercial Office (CO -1) zone at th�ropejfi located at 3030 Northgate Drive subject to the following condition: w M 1. The accessory structures shall not contain animal related commercial L"ar}� therefore, the accessory structures do not need to meet the sound proof`igg-regaitemdnt. r ,, TIME LIMITATIONS: o r. co c.� All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14 -8C - 1E, City of Iowa City, Iowa. Amy Preto 'us, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: e� a a a� City Attorney's Office I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 12th day of February, 2020 as the same appears of record in my Office. Dated at Iowa City, this day of , 20 ZO 10 N C] 1� O C r� 3� �?? co..�..� cry w 10 ,Doc ID: 027625890606 Type:; GEN -- Kind: EASEMENT -- Recorded: ., Recorded: 03/04/2020 at 10:22:03 AM Fee Amt: $32.00 Page 1 of 6 Johnson County Iowa Kim Painter CountV Recorder SK6013 P0384-389 FkFN STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that Amendment No. 1 attached hereto is a true and correct copy dated February 21, 2020, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 2nd day of March 2020. 4 Kellie k. Fruehling City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 B J. 4 Kellie k. Fruehling City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 B AMENDMENT NO. 1 TO THE ACCESS EASEMENT AND PARKING AGREEMENT by and between CITY OF IOWA CITY — IOWA CITY HOTEL ASSOCIATES, L.L.C. This Amendment No. 1 to the November 10, 2015 Access Easement and Parking Agreement by and betty n�the City of Iowa City and Iowa City Hotel Associates, L.L.C. (ICHA), is entered into this I � day of �6�xq 2020. WHEREAS, the City and ICHA entered in to the above-described agreement, recorded in Book 5445, Page 942 in the records of the Johnson County, Iowa, Recorder, whereby the City agreed to sell 80 permits to ICHA for use in the Ground Transportation Center by hotel tenants patronizing the Hilton Garden Inn; and WHEREAS, the demand for parking has been less than anticipated by ICHA, so it has requested a reduction in its obligation to buy parking permits from 80 to 40; and WHEREAS, the City finds this requested amended to be in the public interest. NOW THEREFORE, the Agreement is hereby amended as follows: 1. Paragraph 7 Parking Permit Allocation shall be amended to reduce the number of parking permits the City agrees to allocate to ICHA and the Facility from 80 to 40 parking permits 2. Paragraph 8 Parking Validation shall be amended to reduce the number of parking permits from 80 to 40 permits, and, therefore, the number of parking hours purchased shall equate to 288,000 hours of parking per year. 3. Exhibit B is likewise hereby amended to be consistent with this reduction of parking permits from 80 to 40. 4. Unless specifically amended herein, all other terms and provisions of the Agreement remain in full force and effect. - DATED this day of Ft" a 2020. CITY OF IOWA CITY, IOWA By: ayor N ATTEST: By: ity Clerk IOWA CITY HOTEL ASSOCIATES, L.L.C. In By: Bruce P' selh, Manager k ATTEST: By: , City Cler IOWA CITY HOTEL ASSOCIATES, L.L.C. By: Mi�dge, Manager By: John A. Fronymus, Manager By: Kevin Di nn, Manager By:�� Bruce Kinseth, Manager k STATE OF IOWA CKil1�� M I I�Li7� LiL� 6Y�]� I On this day of Iy�020, before me a Notary Public in and for said County, personally appeared .p and Lt's 1 O to me personally known, who being duly sworn, did say that they are the Mayor and City Cerk; respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. WENDY S. MAYER of Iowa 5 *040 Commicuon Number 72@428 Notary Pu c in and for t* State My Commission Expbea j :a- 4 STATE OF IOWA COUNTY OF JOHNSON �ruAryY On this % day of Jammy, 20L0, before me a Notary Public in and for said County, personally appeared Michael E. Hodge, Kevin Digmann, John A. Hieronymus au4 Rva9e-K4a9e+1# to me personally known, who being duly sworn, did say that they are the managers, respectively, of the Iowa City Hotel Associates, an Iowa limited liability company, executing the within and foregoing instrument to which this is attached, and that no seal has been procured by said limited liability company by authority of its members; and that Michael E. Hodge, Kevin Digmann, John Hieronymus as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by them voluntarily executed. 'L -L � DENISE ROHM Notary Public in and for the State of Iowa F� :Commission Number 726698 My Commt�ton Explm. °" February 2, 2022 STATE OF IOWA COUNTY OF JOHNSON On this day of January, 2020, before me a Notary Pub ,Win and for said County, personally appeared and to me personall nown, who being duly sworn, did say that they are the Mayor and City Clerk, respectively the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws o e State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said M icipal Corporation, and that said instrument was signed and sealed on behalf of said Munici 1 Corporation by authority and resolution of its City Council and said Mayor and City Clerk knowledged said instrument to be the free act and deed of said Municipal Corporation by it v ntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA COUNTY OF JOHNSON CV-4A� e�. On this ,,I day ofdanuary, 2020, before me a Notary Public in and for said County, personally appeared Y4evI4�rn, lohA A Liiemnymus-aPA- Bruce Kinseth, to me personally known, who being duly sworn, did say that they are the managers, respectively, of the Iowa City Hotel Associates, an Iowa limited liability company, executing the within and foregoing instrument to which this is attached, and that no seal has been procured by said limited liability company by authority of its members; and that Michael E Bruce Kinseth as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by them voluntarily executed. �11�L�OCX.� Notary Public in and for the State of Iowa AY5"L s KATHI ELDER o Commission Number 730271 z . My Commission Expires �o August 30 2022 STATE OF IOWA ) SS JOHNSON COUNTY 7644550009 Type: GEN XATION 03/30/2020 at 02:29:59 PM '47.00 Pape 1 of 9 aunty Iowa r County Recorder r 1 PG535-543 WE r� .,. City of AL DTPA I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 20-19 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21 st day of January 2020, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 2nd day of March 2020. Kellie K. Fruehling r" City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 N Prepared by: Ray Heitner, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5238 (ANN19-01/REZ19-09) RESOLUTION NO. 20-19 A resolution to annex approximately 35.29 acres of land located north of American Legion Road and east of Eastbrook Street. Whereas, Summit Ridge LLC and the Hieronymous Family Partnership LLP are the owners and legal titleholders of approximately 35.29 acres located at Eastbrook Street and American Legion Road; and Whereas, the applicant, Allen Homes, Inc., with the consent of the owners, has requested annexation of the approximate 35.29 -acre tract into the City of Iowa City, Iowa; and Whereas, the aforementioned property is located within the Long -Range Planning Boundary of the City of Iowa City, and Whereas, control of the area proposed for annexation is in the City's best interest because it will allow development in a manner consistent with the Comprehensive Plan; and Whereas, pursuant to Iowa Code 368.5 and 368.7 (2019), notice of the application for annexation was sent to the Johnson County Board of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning and Zoning, each affected public utility, Scott Township, the Metropolitan Planning Organization of Johnson County, and the East Central Iowa Council of Governments; and Whereas, none of these entities have objected to the proposed annexation; and Whereas, in accordance with adopted City annexation policy, the owners and developer have executed a pre -annexation agreement committing to the provision of affordable housing on a portion of the subject property; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: 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°33'49"E, along the East Line of said Eastbrook Flats Addition, 509.80 feet, to the Northeast Comer thereof, and a Point on the South Line of Parcel 1 h Resolution No. 20-19 Page 2 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 756.10 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, 1169.60 feet, to the Point of Beginning. Said Annexation Parcel contains 35.29 Acres, and is subject to easements and restrictions of record. 2. The City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. 3. The Mayor is authorized to execute and the City Clerk to attest the attached Affordable Housing Pre -Annexation Agreement. 4. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 and the attached agreement at Owner's expense. Passed and approved this 21st day of January 2020. 4MAR Approved by ATTEST A -CLERK City Attorney's Office I Resolution No. 20-19 Page 3 It was moved by Mims and seconded by Salih Resolution be adopted, and upon roll call there were: AYES: NAYS _x x x x x x x ABSENT: Bergus Mims Salih Taylor Teague Thomas Weiner the E Affordable Housing Pre -Annexation Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Summit Ridge, LLC and Allen Development, Inc. (hereinafter collectively referred to as "Owners"). Whereas, Owners filed an application for voluntary annexation of some 35.29 acres, legally described below, located east of Eastbrook Street and south of American Legion Road; and Whereas, pursuant to Resolution 18-211, the City of Iowa City has adopted an Annexation Policy that states: If the annexation is for residential development that will result in the creation of ten (10) or more new housing units, the development will support the City's goal of creating and maintaining the supply of affordable housing. Such support shall be based on a goal of providing affordable units equal to 10% of the total units in the annexed area with an assurance of long-term affordability, preferably for a term of not less than 20 years. Income targets shall be consistent with the City's existing program requirements. How the development provides such support will vary depending on the particular circumstances of the annexation, and may include, but is not limited to, transfer of lots/units to the City or an affordable housing provider; fee -in -lieu paid to the City's affordable housing fund; and/or participation in a state or federal housing program. In determining the most desirable option, preference shall be weighted toward options that help achieve better socio-economic balance among Iowa City neighborhoods and among schools in the Iowa City Community School District. An agreement committing the Owner/Developer to the affordable housing obligation shall be required prior to annexation, and shall be further memorialized, if necessary, in a conditional zoning agreement. Whereas, the Planning and Zoning Commission considered this application and recommended approval subject to compliance with the adopted Annexation Policy; and Whereas, it is in the public interest to execute this agreement consistent with the adopted Comprehensive Plan Annexation (Policy. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Summit Ridge, LLC and Allen Development, Inc. are the collective legal title holders of the property legally described as: 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 6 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 756.10 feet; Thence N20010'51"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, 1169.60 feet, to the Point of Beginning. Said Annexation Parcel contains 35.29 Acres, and is subject to easements and restrictions of record. 2. In the event that the above-described property is annexed into the City of Iowa City, Owners agree that it shall execute, prior to issuance of a building permit, an affordable housing agreement committing 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 14-2G-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 feerin-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. 3. This Agreement constitutes the entire agreement between the parties with regard to annexation of the subject property and supersedes all prior offers, agreements, arrangements and contracts, whether oral or written, concerning the subject matter hereof. Owner acknowledges and agrees that no representations have been made that would limit the City Council's ability to exercise its powers delegated to it by Iowa Code Chapter 414. 4. This Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City 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. Dated this 2-16t day of 2020. ty of Iowa City ce Teague, Mayor Attest: Summit Ridge LLC By: Allen Development, Inc. i �J F" ruehlit5g, City Cl�k By: ved I r' ` City Attorney's Office 8,j 13% 9020 City of Iowa City Acknowledgement: State of Iowa ) ) ss: Johnson County ) This instrument was acknowledged before me on J6 -nu -0-04 -2 2020 by Bruce Teague and Kellie Fruehling as Mayor and City ClerkXret iveI /, of the i'y f 1 a City. Pu is in and a State of Iowa Summit Ridge, LLC Acknowledgement: State of Iowa County of Johnson (Stamp or Sea]) My commission expires: EXIA! HRISTINE OLNEYCommission Number 806232My Co 'ssi n Expires s ads This record was acknowledged before me on_L 2020 by Jesse Allen, as rnr' M.AO a- MRSA ROIR (type of authority) of Summit Ridge, LLC. -7 -,� yz- Notary Public in and fbrte State of Iowa (Stamp or Seal) F" 1001 IOHN W YAPP zCoMmCommissian Expireber s 6 1( My commission expires: y 0111 2042 I • /QJIP Allen Development, LLC Acknowledgement: State of Iowa County of Johnson This record was ackowled ed before me on I ` 2 / , 2020 by Jesse Allen, as 0R 4.4AIi 2 049 �.>✓N�R (type of authority) Allen Development, LLC. Notary Public ink for he State of Iowa (Stamp or Sea[) JOHN W YAPP i Commission Number 815696 My Commission Expires March 8 2022 :�O—HN W YACsian Num6"15696mmisslonExpiresarch 8, 2022 My commission expires: S DESCRIPTION -MINE MONPMCM -i --Z/ --Z/- P PORTION OF TME NOII%MST OUMTM OF SECTION 16, TOWNSWP TB NORTH, RMM 5 WEST, OF TME FM PRINCIPAL MEMIDM, JOHNSON COUNTY, IOWA DESCRIBED M FOLLOW& Comm" N Me Wed QIeder Comd of Season tar Tow 1p 79 None, R"s 5 Wee( o1 Ne FIM Pendant MMi c4Can, JeM1roen County, Ia1Z ne ow SSYS'4P . ne NoNa Sam LLne of Ne NOMwM O voter N wool Secoon 16, a LNarree of 48L 11 feet to Gw Gmehenel Co., of Enigeok Fiat PJCtlm, In .—da. x09 Na Flat Memo' Receded N RN Book 6S N Pape'L0 of Ne Records of Ne JONaw Covey R—FU- OMoe, and be POINT OF BEGMING; Th. NW374YF alag lire E. We dealt EMEmN FYb PMebn. 509.50 kat to Ue NOMext ComerUertN, antl a PoW on Ue 6wM lAe of Pareel l of Toa oom Creek Sean P,OpeRy RtgNolloW. In aedmlo eco Ne PIN Nerwl addend In Plat Book 18, N Pape & 0 m Recants of Ne Umsen Coway RemNeh CInw. It.. SSG' WE, aWq few amen Una, M..33%A to Na SaMeal Come, maned Thence NDMII1 . along Ne anted Wa N ad Penal 1, a defame,of 755.10 feet ]tone N3P1051"E, alon, 1ak1 Ent We, 309.78 feet Thence NUF29 T W.9 aaM and Mn, 60..91 het to Ne Nonmetal Center amend ]hence NN -460M ln.85 feet to a PoW an Ore Wed Ilse of WUNenr Wet - Past ]Nee, NmNarc aee xlN the Flat Unreal Retention! In PIN Book Sq N Pape 335 of me RemNa of the JoNaon Camly RezNeM1 OIFi: TM1ence SO SZXIE, anon, saw Wat Ilse, aM Ure Weft line al Wugaor Weal - Pall One, N aC4da. Mh Me PYt UaeN Recent. In Fort Back W N Pef, 365 of Ue RecuM1 al Me foMon County Faeona f; ORre,1110.75 hal, to M, SouUvast Come of a" Wuv6or Wert - Port One, W a FOSE w Me South We of the NwBrweat OuaM1er dead Seam 1S; lhenx WIfW4M. abp ee t Seat Mire, t16G5a het to Me Pohp of Bylmd®. flan NNCeaSon Pavel coNabm 35]9 /user eMYaubadto exenrer� W UneoSon ofrecord PARCELIO RALSTON CREEK SOUTH PROPERTY �M ACQUISITION �CC4I®b 9�s �CC4IC� 9� I ANNEXATION ;PARCEL \\ 35.29 AIC \ II I SECTION 98-9MT SECTECH 48-E4-5 PARCEL -2 \ RALSTON CREEK SOUTH PROPERTY AC@MISMON 1 VIS PAIN THREE 'I _ 0 FI:s - -J g: EASTBROOK PLAT$ADDOTICH S f � � I ®� POINT OF BEGINNING AMERICAN LEGION �—93¢e•uY— — — — — _ _ — _SWM - 6,. Oi1XIKS1 _ — 7e1—kr -PILMC��6�C�:=_ ___-_=-�IdP7CG��WC�___ �bMG6b®P�b(�I�T - - - - - - - - - — _ RESODENTIAL----(�C�G,IDENTIALL ,+ SUBDIVISION I4C ®AG�� G�TATC � COMMUNITY 3Ins- � R Fq8 �� gg a51,d F y z Dy vN 0 i 00 N i I -n i y 2 6 q'm g �co y o yZmOT Z @F �ZM�C c e—Fom 8 �m�In y of S G PARCEL I RALS70K CREEK I / Ll- SOUTH PROPERTY AC®�O�I4I®IiI mac`°� I/ 1 �CC4I®b 9�s �CC4IC� 9� I ANNEXATION ;PARCEL \\ 35.29 AIC \ II I SECTION 98-9MT SECTECH 48-E4-5 PARCEL -2 \ RALSTON CREEK SOUTH PROPERTY AC@MISMON 1 VIS PAIN THREE 'I _ 0 FI:s - -J g: EASTBROOK PLAT$ADDOTICH S f � � I ®� POINT OF BEGINNING AMERICAN LEGION �—93¢e•uY— — — — — _ _ — _SWM - 6,. Oi1XIKS1 _ — 7e1—kr -PILMC��6�C�:=_ ___-_=-�IdP7CG��WC�___ �bMG6b®P�b(�I�T - - - - - - - - - — _ RESODENTIAL----(�C�G,IDENTIALL ,+ SUBDIVISION I4C ®AG�� G�TATC � COMMUNITY 3Ins- � R Fq8 �� gg a51,d F y z Dy vN 0 i 00 N i I -n i y 2 6 q'm g �co y o yZmOT Z @F �ZM�C c e—Fom 8 �m�In y of S G IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 027663500002 Type: G4N Kind: RESOLUTION - Recorded: 04/21/2020 at 09:47:30 AM Fee Amt: $12.00 Page 1 of 2 Johnson County Iowa Kim Painter County Recorder EK6030 PG573-574 STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) 1 r 1 ampON CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (3 19) 356-5009 FAX W W W. icgov. org I, Kellie K. Fruehling, City Clerk of the City of Iowa City, Iowa, do hereby state that Resolution No 20-19 was previously recorded on March 30, 2020, Book 6021, Pages 535-543, inadvertently omitted the following: Letter from State of Iowa, Secretary of State, acknowledgement of filing. A copy is attached. Dated at Iowa City, Iowa, this 2_O ` day of April 2020. Kellie k. I City Clerk fEE i � SPSE of I�� 9 PAUL D. PATE x SECRETARY OF STATE v ��TgRY OF 9 March 17, 2020 Kellie K. Fruehling Iowa City City Clerk 410 E Washington St Iowa City, IA 52240 Re: Res 20-19 Dear Ms. Fruehling: LUCAS BUILDING DES MOINES, IOWA 50319 You are hereby notified that the resolution, plat map, and legal description pertaining to the voluntary annexation of territory to the City of Iowa City, which was approved by the city January 21, 2020 has been received and filed by this office as required by Iowa Code section § 368.7. You may consider the annexation filed. In accordance with § 368.1(15) and § 368.7A the territories extend to the center line of all secondary roads adjacent to the above described properties. Iowa Code 312.3(4) requires the mayor and city council to certify the population of any annexed territory, as determined by the last certified federal census, to the treasurer of state in order for apportionment of street construction funds to be adjusted. Please review your city's precinct ordinance (if any) and confer with your county auditor to ensure these territories are assigned to the correct election precinct and/or ward (if any). If you have questions or concerns about this communication, please let me know. Sincerely, Melanie Shellenberger Iowa Secretary of State's Office 321 E. 12t1 St. Des Moines, IA 50315 Melanie.Shellenberger@sos.iowa.gov Cc: Annexations, Iowa Department of Transportation Matt Rasmussen, City Development Board Administrator rnune DID -Z81 -62U4 sos@sos.iowa.gov Fax 515-242-595 sosdowa.gov iowa.gov 5 10014 Type: GEN '2020 at 02:36:19 PM Pepe 1 of 14 BK 6021 PG553-566 STATE OF IOWA ) ) SS JOHNSON COUNTY ) r , 7� ` I 's wwo°l� j Crty Of &rAk,4 C� I, Kellie K. Fruehhng, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.204818 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of January, 2020, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 2nd day of March 2020. Kellie K. Fruehling City Clerk \ord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 E, Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ19- 09) Ordinance No. 20-4818 Ordinance conditionally rezoning approximately 35.29 acres of land located north of American Legion Road and east of Eastbrook Street from County Residential (R) zone to Interim Development - Single. Family Residential (ID -RS) zone. (REZ19-09) Whereas, the applicant, Allen Homes, Inc., has requested a rezoning of property located at Eastbrook Street and American Legion Road from County Residential (R) to Interim Development Single -Family Residential (ID -RM); and Whereas, the Comprehensive Plan, specifically the Southeast District Plan, indicates that the subject area is appropriate for residential development; and Whereas, the applicant is still investigating options for property development; and Whereas, interim zoning allows for managed growth until utilities are identified and the land is platted; 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, the dedication of 17 -feet of right-of-way and a temporary construction easement along the American Legion Road frontage, 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,property described below is hereby reclassified from its current zoning designation of County Residential (R) zone to Interim Development Single -Family Residential (ID - RS) zone: 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 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 N01031'047W, along the East Line of said Parcel 1, a distance of 756.10 feet; Thence N20°10'51"E, along said East Line, 209.78 feet; Thence N50029'32"E, along said East Line, 690.91 feet, to the Northeast Comer thereof; Thence N89°45'05"E, 177.85 feet, to a Point on the West Line of Windsor West - Part Three, in 0 t,b OrdinanceNo. ?n-4sig Page 2 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 Comer 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, 1169.60 feet, to the Point of Beginning. Said Annexation Parcel contains 35.29 Acres, and is subject to easements and restrictions of record. Section II. Zoning Mao. 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 21st day of January 20_2D KAqA� , a or A rov d PP k�Y� Cty,. leek City Attorney's Office _F - LTJ Ordinance No. 20-4818 Page 2 It was moved by Thomas and seconded by Salih 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 12/17/2019 Voteforpassage: AYES: Mims, Salih, Taylor, Teague, Thomas, Throgmorton, Cole. NAYS: None. ABSENT: None Second Consideration 01/07/2020 VotefOrpaSSage: AYES: Bergus, Mims, Salih, Taylor, Teague Thomas, Weiner. NAYS: None. ABSENT: None. Date published 01/30/2020 M Prepared by: Ray Heitner, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5238 (REZ19-09) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Summit Ridge, LLC and Hieronymus Family Partnership, LLP (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, Owners and Applicant have requested the rezoning of said property from County Residential (R) zone to Interim Development Single -Family Residential (ID -RS) zone; and Whereas, this rezoning creates public needs for affordable housing and the enhancement of American Legion Road; 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, the dedication of 17 -feet of right-of-way and a temporary construction easement along the American Legion Road frontage, the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2019) 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, upon annexation of this land into the City of Iowa City, Owners agreed to support the City's goal of creating and maintaining the supply of affordable housing by providing affordable units equal to 10% of the total units in the annexed area with an assurance of long- term affordability for a term of 20 years 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 follows: 1. Summit Ridge, LLC and Hieronymus Family Partnership, LLP are the collective legal title holders of the property legally described as: 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 M, 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 S89026'59"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 756.10 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 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 N89026'40"W, along said South Line, 1169.60 feet, to the Point of Beginning. Said Annexation Parcel contains 35.29 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 (2019) 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. Within seven days of execution of this agreement, Owners shall dedicate to the City, with no compensation to the Owners: i. that certain real estate described as "proposed right-of-way acquisition' and "existing roadway easement to be acquired as right-of-way" on Exhibits 3-F and 4-F, attached hereto and incorporated herein by this reference, for right-of-way along American Legion Road. Such dedication shall be in the form of a warranty deed; ii. a temporary construction easement for the area as shown on Exhibits 3-T and 4-T, attached hereto and incorporated herein by this reference, in a form of agreement approved by the City Attorney, to accommodate the American Legion Road public improvement project; and Prior to issuance of a building permit, Owners shall execute an affordable housing agreement committing to one or more of the following methods to satisfy the Annexation Policy: 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 14-2G-8, or a similar state or federal affordable housing program; or 10 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. 4. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2019), 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 21stday of January , 2020. City of Iowa City -•'B re••Tue ., Mayor Attest: lip Kele Fruehling, City Jerk Approved "bby: , `qty Attorney's Office yf1f2 t� City of Iowa City Acknowledgement: State of Iowa ) ) ss: Summit Ridge LLC Hieronymus Family Partnership LLP Allen Homes, Inc. BY: JAl(,, M`�� I Johnson County This instrument was acknowledged before me on ZCLrl LIO, 2(, 2020 by Bruce Teague and Kellie Fruehling as Mayor an C' Clerk, re pe W he City of Iowa City. Notary Public in%and fo a State of Iowa (Stamp or Seal) Title (and Rank) 41ME N Summit Ridge LLC Acknowledgement: State of -'ptvir- County of T° I+tJ 5�✓1 This record was acknowledged before me on /V'V- - t.- 20 , 2019 by Mlu^ (Name(s) of individual(s) as Me mk.,-I M. � (type of authority, such as officer or trustee) of Summit Ridge LLC. L?�- eL Notary Public in and for the State of Iowa (Stam or Seal a ER n Numb r 7 P ) Comy co m Number 739974 • w MY commission Expires Title (and Rank) My commission expires: IOI b 5'1Lo z0 -% I Hieronymus Family Partnership LLP Acknowledgement: State of County of N This record was acknowledged before me on OR"wIl X12_, 2019 by Som kkx-.eia�!j OJILO (Name(s) of individual(s) as l ay.�� (type of authority, such as officer or trustee) of Hieronymus Family Part rsl . 1 . f i Notary Public in and for the State of Iowa U Stam or Seal A%MIRANDA HOLLOWar (Stamp ) 4iCammbxlm Number 919335 M �r o �pkw Title (and Rank) My commission expires: M`��1 Allen Homes, Inc. Acknowledgement: State of -Lv.. County of r,c,ns�ti This record was acknowledged before me on ovu 6w 20 2019 by T1SS� Quoin (Name(s) of individual(s) as .a (type of authority, such as officer or trustee) of Allen Homes, Inc. Notary Pub icc in and for the State of Iowa (Stamp or Seal) EREK P S11 IG 1041d A3 99 74CommsmNumbesCom rdssbnire w Myo or LZ I Title (and Rank) My commission expires: IV/os�7a I ACQUISITION PLAT RIGHT-OF-WAY BEING CONVEYED TO THE CITY OF IOWA CITY AMERICAN LEGION ROAD PARCEL3 PROPERTY OWNER SUMMIT RIDGE. LLC CIO TOM KAUT 250 HOUDAY ROAD CORALVILLE, IA 52241 BOOK 5795, PAGE 448 N 1 o se lee EFEI NOTE: MOIAMENTS SHOWN TO BE SOULLBEESTAMUSHEDAFTER 1 CONSTRUCTIGN IS COMPLETED r at VPS w $ Sn LOT a p g z rF CUTXCORNER 7B -]B-5 S' 2 ' S B9° 26' 3D' E 481.99 LEGEND LEGAL DESCRIPTION EXHIBIT 3-F A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON CO UNTY. IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 18, THENCE SOUTH 89' 26' 30' EAST, 461.99 FEET ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18 TO THE POINT OF BEGINNING; THENCE NORTH 00' 3241' EAST, 60.22 FEET ALONG THE EAST LINE OF AUDITORS PARCEL 2013043; THENCE NORTH 89' 30' 2T EAST, 389.65 FEET; THENCE SOUTH 01' 32'47" EAST, 67.41 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89' 26' 30- WEST, 392.05 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 24,935 SQUARE FEET OR 0.57 ACRES MORE OR LESS, INCLUDING 18,306 SQUARE FEET OR 0.42 ACRES MORE OR LESS OF EXISTING ROAD EASEMENT. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO NADa3(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT. Index Legend Location: SW of NW, Section 18, Township 79 N. Range 5 W FND 5/8' IR Requester: City of Iowa Cit Proprietor: Summit Ridge, LLC Surveyor: _ Wesley Shim Surveyor Company: Folh Infrastructure 8 Environment, LLC Return To: 3950 River Ridge Drive NE, Suite A Cedar Rapids, IA 52402 319 365-9565 ACQUISITION PLAT RIGHT-OF-WAY BEING CONVEYED TO THE CITY OF IOWA CITY AMERICAN LEGION ROAD PARCEL3 PROPERTY OWNER SUMMIT RIDGE. LLC CIO TOM KAUT 250 HOUDAY ROAD CORALVILLE, IA 52241 BOOK 5795, PAGE 448 N 1 o se lee EFEI NOTE: MOIAMENTS SHOWN TO BE SOULLBEESTAMUSHEDAFTER 1 CONSTRUCTIGN IS COMPLETED r at VPS w $ Sn LOT a p g z rF CUTXCORNER 7B -]B-5 S' 2 ' S B9° 26' 3D' E 481.99 LEGEND LEGAL DESCRIPTION EXHIBIT 3-F A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON CO UNTY. IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 18, THENCE SOUTH 89' 26' 30' EAST, 461.99 FEET ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18 TO THE POINT OF BEGINNING; THENCE NORTH 00' 3241' EAST, 60.22 FEET ALONG THE EAST LINE OF AUDITORS PARCEL 2013043; THENCE NORTH 89' 30' 2T EAST, 389.65 FEET; THENCE SOUTH 01' 32'47" EAST, 67.41 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89' 26' 30- WEST, 392.05 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 24,935 SQUARE FEET OR 0.57 ACRES MORE OR LESS, INCLUDING 18,306 SQUARE FEET OR 0.42 ACRES MORE OR LESS OF EXISTING ROAD EASEMENT. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO NADa3(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT. N 89.26 POB WNCAP 97036 allFND SW IR FND M'IR W/OCAP Y15749, LOT 1 LOT 2 I �`JF'q�2 FOUND SECTION CORNER MONUMENT SET SECTION CORNER MONUMENT FOUND SC REROD WA'ELLOW CAP111165 (UNLESS NOTED) O SET 127HEROD WI NGEC 024243 (UNLESS NOTE1 (M) MEASURED DIMENSION (R) RECOROEO DIMENSION I.R. IRONROO I.P. WON PIPE — - — - SECTION LINE 9n — RICHTO-WAYLWE EXRTINGLOTLINE 11L— PROPERTY LINE ® PROPOSED RIGHT OF-WAYACGUISITION ®EXISTINGHOADWAYFASEMEW TO REACQUIRED AS RIGHT-OF-WAY 33. V AMERICAN LEGION ROAD 1— N89°26'30'W 1897.t7p�� — °'•TFNDSITIR WIYCAP 98165 1B - IR CENTER FND 5 WIOCAP915749 SEC. 18.765 LOT 1 SURVEY NOTE: ROAD CENTERLINE ESTABLISHED USING 1921 IDOT ROAD PUWS 4UULB) ANO 1968 RIOT ROAD PLW (°lD 06) FIELD SURVEY COMPLETED: NOVEMBER ��H eupaMand, and Odd lamEutr lk e eread Pm!esiwal LeM S.n tlw Mws SMIa dlPwa. �SIDN S ultler PING FND 5/8' IR O WESLEY F. WIYQAP 89775 ed SHIMP 24243 e2Up4243 Myllecrea el date 4DECEMBER 31.2020. � -DLm P.mo,.Maft wvenEEYPEa eeY a 1 N o �ef f _ ss'oc ]95a PAT RtlP D,rv• NE 5 Wi A 3 a LINE TABLE R LINE LENGTH BEARING e LI L2 V.00' 17.00 H00'O32Y1'E 32'•I.4 c L3 17.00' 1 501'32.47'4 z LA 50.41' 1 S01'32'47"E 1 N 89.26 POB WNCAP 97036 allFND SW IR FND M'IR W/OCAP Y15749, LOT 1 LOT 2 I �`JF'q�2 FOUND SECTION CORNER MONUMENT SET SECTION CORNER MONUMENT FOUND SC REROD WA'ELLOW CAP111165 (UNLESS NOTED) O SET 127HEROD WI NGEC 024243 (UNLESS NOTE1 (M) MEASURED DIMENSION (R) RECOROEO DIMENSION I.R. IRONROO I.P. WON PIPE — - — - SECTION LINE 9n — RICHTO-WAYLWE EXRTINGLOTLINE 11L— PROPERTY LINE ® PROPOSED RIGHT OF-WAYACGUISITION ®EXISTINGHOADWAYFASEMEW TO REACQUIRED AS RIGHT-OF-WAY 33. V AMERICAN LEGION ROAD 1— N89°26'30'W 1897.t7p�� — °'•TFNDSITIR WIYCAP 98165 1B - IR CENTER FND 5 WIOCAP915749 SEC. 18.765 LOT 1 SURVEY NOTE: ROAD CENTERLINE ESTABLISHED USING 1921 IDOT ROAD PUWS 4UULB) ANO 1968 RIOT ROAD PLW (°lD 06) FIELD SURVEY COMPLETED: NOVEMBER ��H eupaMand, and Odd lamEutr lk e eread Pm!esiwal LeM S.n tlw Mws SMIa dlPwa. �SIDN S ultler PING poo O WESLEY F. WESLEY F, 5. DALE ed SHIMP 24243 e2Up4243 Myllecrea el date 4DECEMBER 31.2020. � -DLm P.mo,.Maft wvenEEYPEa eeY a 1 N o �ef f _ SURVEY FOR: CITY OF IOWA CITY 410E WASHINGTON STREET F0lh SHEET IOWA CIT', IOWA 52240 N7 PHONE: (319) 356-5D00 Fem MfTastlrm. R a ER.Lo.m..s, uG 1 OF 1 ]95a PAT RtlP D,rv• NE 5 Wi A um R.Pm.Mu•m-esu FOTH PROJECT NO. 78100100 DATE: 9232019 Pme.:vwusssss F.�vas6sssr E SURVEY NOTE: ROAD CENTERLINE ESTABLISHED USING 1B271DOT ROAD PLANS (F289AI AND URB IDOT ROAD RAN (OLD "I FND CUT X W114 CORNER SEC. 18-79-5 FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO NAD83(2011) IA SPICE SOUTH ZONE, US SURVEY FOOT. 1 FND 578"IR N� IN WIYCAP09715 5 eIN IN Or LINE TABLE LINE LENGTH BEARING LI 50.41' N01°32'U'M LZ L] 1].00' 500°50'06"E N��95 I L9 1 64.65' 1 SOD -50'06"E FND 5laTRW/YCAP#8165 0.64 NORTH OF ROW LINE (SURVEY NOTE) N 89° 30'27' E 778.00' 5/8" IR FND SIB' IR /OCAP#15749P#15749 W/OCAPNI5749 LOT 2 LOT 1 I ON e, LO aV,J LOT 1 LEGEND (,O FOUND SECTION CORNER MONUMENT 0 6ETSECTIONCORNERMONUMENT • FOUND 6R' REROD WNELLOW CAPA8165 (UNLESS NOTED) 0 SET In- REROD WIORANGE CA"24243(UNLESS NOTED) (M) MEASUREDDIMENSION (R) RECORDED DIMENSION I.R. IRON ROD-gSIGNAL I.P. IRON PIPE AOR Q - - - - SECTIONLNE 4 N P,v - WGHT-0F-WAY UNE W WESLEY Is A EXISTING LOT LINE -. PIL - PROPERTY LINE ® PROPOSED RIGHT4F.WAY ACQUISITION ®G EXISTNm ROADWAY FASEMETO BEACOUg1ED AB RIGHT -0F -WAY z SHIMP m WO 24243 OY 0 IOWA 0 n LOT 6 I-0-� M89 -26'30'W_ '- 7 FND !VV IR R V FND SIB"IR CENTER W/YC5 CENTER SEC, 18-79-5 OUTLOT A LOTi PRN FIELD SURVEY COMPLETED: NOVEMBER 201E WESLEY F. SHU P.L.S. (J DAIS LICBnSB NumCO[ 24243 M,CoN,.ramwaldelels DECEMBER31.202Q. Pages or sheers covered by Ws seal: SURVEY FOR: Index Legend Location: NW Section 18, Township 79 N. Range 5 W F0lh AMERICAN LEGION ROAD Re uestor: City of Iowa Cily Proprietor: Hieronymus Family Partnership, LLP Surveyor., Wesley Shimp Surveyor Company: Foth Infrastructure & Environment, LLC Return To: 3950 River Ridge Drive NE, Suite A Cedar Rapids, IA 52402 319 365-9565 SURVEY NOTE: ROAD CENTERLINE ESTABLISHED USING 1B271DOT ROAD PLANS (F289AI AND URB IDOT ROAD RAN (OLD "I FND CUT X W114 CORNER SEC. 18-79-5 FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO NAD83(2011) IA SPICE SOUTH ZONE, US SURVEY FOOT. 1 FND 578"IR N� IN WIYCAP09715 5 eIN IN Or LINE TABLE LINE LENGTH BEARING LI 50.41' N01°32'U'M LZ L] 1].00' 500°50'06"E N��95 I L9 1 64.65' 1 SOD -50'06"E FND 5laTRW/YCAP#8165 0.64 NORTH OF ROW LINE (SURVEY NOTE) N 89° 30'27' E 778.00' 5/8" IR FND SIB' IR /OCAP#15749P#15749 W/OCAPNI5749 LOT 2 LOT 1 I ON e, LO aV,J LOT 1 LEGEND (,O FOUND SECTION CORNER MONUMENT 0 6ETSECTIONCORNERMONUMENT • FOUND 6R' REROD WNELLOW CAPA8165 (UNLESS NOTED) 0 SET In- REROD WIORANGE CA"24243(UNLESS NOTED) (M) MEASUREDDIMENSION (R) RECORDED DIMENSION I.R. IRON ROD-gSIGNAL I.P. IRON PIPE AOR Q - - - - SECTIONLNE 4 N P,v - WGHT-0F-WAY UNE W WESLEY Is A EXISTING LOT LINE -. PIL - PROPERTY LINE ® PROPOSED RIGHT4F.WAY ACQUISITION ®G EXISTNm ROADWAY FASEMETO BEACOUg1ED AB RIGHT -0F -WAY z SHIMP m WO 24243 OY 0 IOWA 0 n LOT 6 I-0-� M89 -26'30'W_ '- 7 FND !VV IR R V FND SIB"IR CENTER W/YC5 CENTER SEC, 18-79-5 OUTLOT A LOTi PRN FIELD SURVEY COMPLETED: NOVEMBER 201E WESLEY F. SHU P.L.S. (J DAIS LICBnSB NumCO[ 24243 M,CoN,.ramwaldelels DECEMBER31.202Q. Pages or sheers covered by Ws seal: SURVEY FOR: ACQUISITION PLAT EXHIBIT 4-F RIGHT-OF-WAY BEING CONVEYED TO THE CITY OF IOWA CIN F0lh AMERICAN LEGION ROAD 410E WASHINGTON STREET PARCEL4 PROPERTY OWNER: IOWA CIN, IOWA 52240 HIERONYMUS FAMILY LEGAL DESCRIPTION: PARTNERSHIP, LLP 3322 MUSCATINE AVENUE A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 18. TOWNSHIP IOWA CITY, IA 52240 79 NORTH. RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA BOOK 4690, PAGE 537-540 MORE PARTICULARLY DESCRIBED AS FOLLOWS: N COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 1B. THENCE SOUTH 89' 26.30' EAST 854.04 FEETALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF Wa CBBsPee. lA.se'2515 SECTION 18 TO THE POINT OF BEGINNING; THENCE NORTH 01' 32' 47" WEST, 67.41 FEET; - - THENCE NORTH 89' 30' 27" EAST, 778.00 FEET TO THE WEST LINE OF WINDSOR WEST PART ONE SUBDIVISION; THENCE SOUTH OD° 50' 06' EAST, 81.65 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89° 26' 30" WEST, 777.38 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. 0�J 1¢eJ zDa I� SAID TRACT CONTAINS 57,946 SQUARE FEET OR 1.33 ACRES MORE OR LESS, INCLUDING FLET 44,722 SQUARE FEET OR 1.03 ACRES MORE OR LESS OF EXISTING ROAD EASEMENT, „F.... ...... -..-....,,....-.-.. "- SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SURVEY NOTE: ROAD CENTERLINE ESTABLISHED USING 1B271DOT ROAD PLANS (F289AI AND URB IDOT ROAD RAN (OLD "I FND CUT X W114 CORNER SEC. 18-79-5 FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO NAD83(2011) IA SPICE SOUTH ZONE, US SURVEY FOOT. 1 FND 578"IR N� IN WIYCAP09715 5 eIN IN Or LINE TABLE LINE LENGTH BEARING LI 50.41' N01°32'U'M LZ L] 1].00' 500°50'06"E N��95 I L9 1 64.65' 1 SOD -50'06"E FND 5laTRW/YCAP#8165 0.64 NORTH OF ROW LINE (SURVEY NOTE) N 89° 30'27' E 778.00' 5/8" IR FND SIB' IR /OCAP#15749P#15749 W/OCAPNI5749 LOT 2 LOT 1 I ON e, LO aV,J LOT 1 LEGEND (,O FOUND SECTION CORNER MONUMENT 0 6ETSECTIONCORNERMONUMENT • FOUND 6R' REROD WNELLOW CAPA8165 (UNLESS NOTED) 0 SET In- REROD WIORANGE CA"24243(UNLESS NOTED) (M) MEASUREDDIMENSION (R) RECORDED DIMENSION I.R. IRON ROD-gSIGNAL I.P. IRON PIPE AOR Q - - - - SECTIONLNE 4 N P,v - WGHT-0F-WAY UNE W WESLEY Is A EXISTING LOT LINE -. PIL - PROPERTY LINE ® PROPOSED RIGHT4F.WAY ACQUISITION ®G EXISTNm ROADWAY FASEMETO BEACOUg1ED AB RIGHT -0F -WAY z SHIMP m WO 24243 OY 0 IOWA 0 n LOT 6 I-0-� M89 -26'30'W_ '- 7 FND !VV IR R V FND SIB"IR CENTER W/YC5 CENTER SEC, 18-79-5 OUTLOT A LOTi PRN FIELD SURVEY COMPLETED: NOVEMBER 201E WESLEY F. SHU P.L.S. (J DAIS LICBnSB NumCO[ 24243 M,CoN,.ramwaldelels DECEMBER31.202Q. Pages or sheers covered by Ws seal: SURVEY FOR: CITY OF IOWA CIN F0lh 410E WASHINGTON STREET SHEET IOWA CIN, IOWA 52240 PHONE: (319) 356-5000 1 OF 1 Fou Inlrastnlctura 6 EnMrenmvnt, LLC JB50R.'".T NE.5WaA Wa CBBsPee. lA.se'2515 FOTH PROJECT NO. 181003-00 DATE: 9/23!2019 Pm,a: aaa5sa5es F.cas36sgsm m rTepareo oy vvesley of D NP, a�oo r,1vaI iNlu,,u ---_••--..__, ... - TEMPORARY EASEMENT EXHIBIT 3-T TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF IOWA CITY AMERICAN LEGION ROAD PARCEL3 PROPERTY OWNER: SUMMIT RIDGE, LLC LEGAL DESCRIPTION: C/O TOM KAUT 250 HOLIDAY ROAD CORALVILLE, IA 52241 BOOK 5795, PAGE 448 N I 6 w 00 FEEL N 00° 32' 41" E A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1B, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: SAID TRACT CONTAINS 13,615 SQUARE FEET OR 0.31 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCEDTO NAO83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT. FND 518" IR W/YCAP 99175 11q m S�AF,G %96' ' 3 S g Rlv 6 89° 26' 30" E 461.99' t.,�.---.—._--.-----.—._._._.—_— S 89° 26'30" E 2751.20' POC Piw P.v --- FND CUT % W114 CORNER FND 518" IR SEC. 16-79-5 CR1;11 WNCAP#7036 LC LOT 1 LEGEND G __ A FOUND SECTION CORNER MONUMENT SET SECTION CORNER MONUMENT FOUND 518- REROO WNELLOW CAPN165 (UNLESS NOTED) O SET 112' REROD WIDRANGE CPPB24243(UNLESS NOTED) (M) MEASURED DIMENSION (R) RECORDED DWENSIDN I.R. IRON ROD I.P. IRONPIPE — - SECTION LINE Rix — RIGHT-OF-WAY LINE EXISTING LOT LINE PiL — PROPERTY LINE TEMPORARY CONSTRUCTION EASEMENT SURVEY FOR: CNV OF IOWA CITY 410 E WASHINGTON STREET IOWA CITY, IOWA 52240 PHONE: (319)356-5000 FOTH PROJECT NO. 1810D3-00 DATE: 4 /1 612 01 9 z 01°32'47'E 35.01' "' �RIOAN LEGION —I. r } All FND 5/6"IR WIYCAP #8165 FND 518" IR FND 518" IR CENTER WIOCAP#15749 W/OCAP#15749 SEC. 18-79.5 4F'S`PR���Py LOT 1 LINE TABLE LINE I LENGTH IBEARING LI 43.22NOD°32V I'£ L2 17.00' NOD -32`41"E SURVEY NOTE ROAD CENTERUNEESTTABLISHED USING 1927IDOT ROAD PLANS 1F - 6g AND 19681DOT ROAD PLAN (OLD #6) J SURVEY COMPLETED: NOVEMBER 2018 Foth Fath Introstmctum 8 Envbonment, LLC ]M R— W, Dnw Ns, svI.A Ua.1 RION , A sN.5,5 Fl— 31.i'Isls FB.: ll. S96J1 SHEET 1 OF 1 F�PgS w � w EPS��P 00�`0� 0 am LOT 0 m a N z N 00° 32' 41" E A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1B, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: SAID TRACT CONTAINS 13,615 SQUARE FEET OR 0.31 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCEDTO NAO83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT. FND 518" IR W/YCAP 99175 11q m S�AF,G %96' ' 3 S g Rlv 6 89° 26' 30" E 461.99' t.,�.---.—._--.-----.—._._._.—_— S 89° 26'30" E 2751.20' POC Piw P.v --- FND CUT % W114 CORNER FND 518" IR SEC. 16-79-5 CR1;11 WNCAP#7036 LC LOT 1 LEGEND G __ A FOUND SECTION CORNER MONUMENT SET SECTION CORNER MONUMENT FOUND 518- REROO WNELLOW CAPN165 (UNLESS NOTED) O SET 112' REROD WIDRANGE CPPB24243(UNLESS NOTED) (M) MEASURED DIMENSION (R) RECORDED DWENSIDN I.R. IRON ROD I.P. IRONPIPE — - SECTION LINE Rix — RIGHT-OF-WAY LINE EXISTING LOT LINE PiL — PROPERTY LINE TEMPORARY CONSTRUCTION EASEMENT SURVEY FOR: CNV OF IOWA CITY 410 E WASHINGTON STREET IOWA CITY, IOWA 52240 PHONE: (319)356-5000 FOTH PROJECT NO. 1810D3-00 DATE: 4 /1 612 01 9 z 01°32'47'E 35.01' "' �RIOAN LEGION —I. r } All FND 5/6"IR WIYCAP #8165 FND 518" IR FND 518" IR CENTER WIOCAP#15749 W/OCAP#15749 SEC. 18-79.5 4F'S`PR���Py LOT 1 LINE TABLE LINE I LENGTH IBEARING LI 43.22NOD°32V I'£ L2 17.00' NOD -32`41"E SURVEY NOTE ROAD CENTERUNEESTTABLISHED USING 1927IDOT ROAD PLANS 1F - 6g AND 19681DOT ROAD PLAN (OLD #6) J SURVEY COMPLETED: NOVEMBER 2018 Foth Fath Introstmctum 8 Envbonment, LLC ]M R— W, Dnw Ns, svI.A Ua.1 RION , A sN.5,5 Fl— 31.i'Isls FB.: ll. S96J1 SHEET 1 OF 1 Hreparea Dy vvesley Cnlmp, awU river nluye unvc IN •^ - . _ •- ___ ---- TEMPORARY EASEMENT EXHIBIT4-T TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF IOWA CITY AMERICAN LEGION ROAD PARCEL4 PROPERTY OWNER: HIERONYMUS FAMILY PARTNERSHIP, LLP 3322 MUSCATINE AVENUE IOWA CITY, IA52240 BOOK 4690, PAGES 537-540 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: !`nn ...CRAIG eT TRF WORT n1 IARTFR CORNER OF SAID SECTION 18. THENCE SOUTH 89' 28' 30" EAST 854.04 FEET FEET TO THE POINT OF BEGINNING; THENCE NORTH 01' 32' 47' WEST, 35.111 FEE I; 1 HENUt NUM I H 7e CIM T.r EAST, 166.64 FEET; THENCE SOUTH 84' 33.00" EAST, 539.50 FEET; THENCE NORTH 89' 30' 27' EAST, 78.23 FEET TO THE WEST LINE OF LOT 6 OF WINDSOR WEST PART ONE; THENCE SOUTH 00' S0.06' EAST, 10.00 FEET ALONG SAID WEST LINE; THENCE SOUTH 89' 3D' 27' WEST, 778.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 29,3131 SQUARE FEET OR 0.67 ACRES MORE OR LESS, INCLUDING THE PERMANENT N EASEMENT CONTAINING 300 SQUARE FEET OR 0.007 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. - - FOR THE PURPOSE OF THIS OESCRI PTION, ALL BEARING AND DISTANCES ARE REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT. R IeWWo a¢¢ Y� FND 518" IRI - - EEEI W/YCAP#9715 1 IN O 5 eM1 *,1%.5"I \I y 3 S�Y�C S o v1SS SSFIN ,G Illy v6 S PERMANENT EASEMENT I z ,n LOT 6 4 L3 Z NjW5Y�4' E - OVERLAPPING TEMPORARq m L5 FND 0.64'NORTH POC 3 84° 33 00 OF ROW LINE FND CUTX E 539.50' W1/4 CORNER POB " (SURVEY NOTE) ..-.. ... -,,.. L2—�.. _ Pro •-V P/V T •)—SB9°26'30"E 854.04'-=n-rvv, �,.,vnp/���.•�-..,..,..____ _— N 89 FND 518" IR FND 518" IR W/OCAP#15749 WIOCAP#15749 S•� a LOT 2Qui a LOT 1 I o�1,MJ LOT 1 LEGEND AL FOUND SECTION CORNER MONUMENT SET SECTION CORNER MONUMENT 0 FOUND M8- WNELLOW CAPM8165 RER00(UNLESS NOTED) 0 SET 5/B'REROD WIPINK CAPA2847(UNLESS NOTED) (M) MEASUREDDIMENSION (R) RECORDED DIMENSION I.R. IRONROD I.P. IRON PIPE - — - SECTION LINE Alw — RIGHT-OF-WAY LINE ---- E)BSTINGLOTLINE Prt — PROPERWI-INE Q TEMPORARY CONSTRUCTION EASEMENT SURVEY FOR: CITY OF IOWA CITY 410 E WASHINGTON STREET IOWA CITY, IOWA 52240 PHONE: (319) 356-5000 FOTH PROJECT NO. 181003-00 DATE: 4/17/2019 P/V ar1119.79'— - v FND5IWIR WINO CAP#81 5 CENTER SEC. 18-79-5 OUTLOT A IF,S�P��S LOT 0p�a NA'��F LINE TABLE LINE LENGTH BEARING LI 50.4) 1 NUI°32'47"W L2 17.00' 1 NDI-32'47"W L3 35.01' NDI"32'47•'V L4 78.23• N89"30'27'E LS IO.00' 500'50'06"E AREA BREAKDOWN 50 Fl ACRES TEMPORARY EASEMENT 29.361 0.67 PERMANENT EASEMENT I 300 I U.U07 TEMPORARY W/O PE 1 29.081 0.67 SURVEY NOTE: ROAD CENTERLINE ESTABLISHED USING 1927 ]DOT ROAD PLANS (F-28") AND 1968 [DOT ROAD PLAN (OLD 96) FIELD SURVEY COMPLETED: NOVEMBER 2818 Foth SHEET TVFath Infrastructure & Environment, LLC 1 OF 1 3950 Rhn,RkgeSMI NE.SuryeA eRaptla.K534N3515 Fn—; ]1b]fi59565Fac 31436S8631 I I unlu�mimuumi�m�u��IIImIllllllllllllillulllllllllllllllllll DocID: 027875790003 Type: GEN Kind: DECISION - Recorded: 05/01/2020 at 01:35:41 F Fee Amt: $17.00 Page 1 of 3 Johnson County Iowa Kim Painter County Recorder eK6036 Pe313-315 Prepared by; Jade Pederson, Planning Intern, 410 E. Washington, Iowa City, IA 52240; 31913585230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, APRIL 8, 2020 EMMA J. HARVAT HALL MEMBERS PRESENT: Bryce Parker, Amy Pretor[us, Gene Chrischilles, Ernie Cox, Zephan Hazel[ MEMBERS ABSENT: STAFF PRESENT: Sue Dulek, Anne Russett, Kirk,Lehmann OTHERS PRESENT: Siobhan Harman SPECIAL EXCEPTION ITEMS: 1. EXC20-03: A public hearing regarding a special exception application submitted by Kum & Go LLC requesting a waiver from the minimum 2 -story building requirement in the Riverfront Crossings — South Gilbert (RFC -SG) zone for a quick vehicle servicing use near the intersection of S. Gilbert Street and Highland Avenue. The Board concludes that the proposed quick vehicle servicing use cannot comply with a specific standard as indicated in Section 14-46-4B-121 of the Zoning Code and the intent of the development standards are not unduly compromised based on the following findings: • The property is located in the Riverrront Crossings District and zoned RFC -SG; and therefore, eligible to request a waiver from standards outlined in Section 14- 4BAB121 of the zoning code. • The applicant requested a waiver from Section 14-4BAB-121 which requires properties in the Riverfront Crossings District to comply With the Riverfront Crossings Form -Based Code and more specifically requires buildings in the RFC -SG zoning district to have a minimum of 2-storles. • The use that is proposed is a convenience store, which is typically a 1 -story building. • The site is approximately 1.15 acres in size. The plans show 21 parking spaces with no additional space for more parking. An additional story would require more parking. Without changes to the number of gas pumps or a reduction in the size of the building, the site would not be able to accommodate the additional parking required by a second story. • The applicant proposed higher external building walls, which would range from 22' to 24'8", which give the appearance of a 2 -story building, which should be a condition imposed • The intent of the 2 -story minimum requirement Is to promote the creation of economically vital, mixed-use, and pedestrian friendly districts. The Board concludes that this waiver of the 2 -story requirement for a quick vehicle servicing use in the RFC -SG zone will not have any detrimental or endangering effects on the surrounding public realm based on the following findings: 1 • There is an existing convenience store with fuel sales located on this site. • The Board of Adjustment recently approved allowing a new convenience store with fuel sales at this site (EXC 19 -12 recorded January 31, 2020 in Book 6004, Page 400-403 in the Johnson County Recorder's Office) • The request will not change the use or access to the site. • The request will result in a 1 -story building instead of a 2 -story building. The Board concludes that this waiver of the 2 -story requirement for a quick vehicle servicing use in the RFC -SG zone will not be injurious to the use of other property in the immediate vicinity based on the following findings: • The proposed request will not change the use or access to the site. • A reduction in the height of the building will not be injurious to the use and enjoyment of other property in the immediate vicinity. The Board concludes that this waiver of the 2 -story requirement for a quick vehicle servicing use in the RFC -SG zone will not impede normal and orderly development and improvement of surrounding properties based on the finding that the surrounding properties are developed, but eligible for redevelopment under the Riverfront Crossings Form Based Code. The Board concludes that this site will have adequate utilities and other facilities (access roads, streets, sidewalks, storm water management, etc.) based on the finding that the property already has access to all necessary utilities and facilities and redevelopment will not require off-site improvements. The Board concludes that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion based on the finding that the current site has access points off S. Gilbert St., Highland Ave., and 3' St. A condition attached to the rezoning (Ordinance No. 19-4814) requires that the applicant close all access points from S. Gilbert St. and have only one access point from Highland Ave. in order to minimize traffic congestion on surrounding street and at the intersection of S. Gilbert St. and Highland Ave. The Board concludes that the property complies with all other regulations and standards of the zone in which it is located based on the finding that through the design review process, staff will ensure compliance with the Riverfront Crossings Form -Based Code The Board concludes that the exception is consistent with the Comprehensive Plan of the City based on the following findings: • The Future land Use Map of the Comprehensive Plan has designated this area for Mixed Use Development which includes a variety of retail, office, and residential uses. • The Comprehensive Plan supports urban infill and redevelopment in the Riverfront Crossings District. • The Riverfront Crossings Master Plan calls for a pedestrian scale development in this area along S. Gilbert St., with building to the front of the street and parking to the rear. It also calls for a retail/convenlence store in this area to serve local residential and commercial uses. • The Master Plan envisions this area to be redeveloped and shows a building placed in the front corner of the lot with parking in the rear. DISPOSITON: By a vote of 5-0, the Board approved a waiver of the 2 -story minimum building requirement for a property with a quick vehicle servicing use located in the Riverfront Crossings — South Gilbert zone and at the northeast corner of South Gilbert Street and Highland Avenue subject to the following condition: 1. That the proposed convenience store be built with higher external building walls, a minimum of 22' in height, to give the appearance of a 2 -story building. 2. Extension Recuest: A request submitted by Kum & Go LLC to extend the expiration date from six months to 12 months for EXC19-12, a special exception approved to allow a quick vehicle servicing use in the Riverfront Crossings — South Gilbert (RFC -SG) zone (recorded January 31, 2020 in Book 6004, Page 400403 in the Johnson County Recorder's Office) and EXC20-03, a special exception to waive the minimum 2 -story requirement. The request is to extend the expiration date until January 30, 2021. DISPOSITION_ By a vote of 5-0, the Board approved an extension to change the expiration date of EXC19-12 and EXC20-03 to January 30, 2021. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of Board's decision. City Code Section 14 -8C - STATE OF IOWA JOHNSON COUNTY o d by: City Attorney's Office - Sue Dulek 04/28/2020 1, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 12°i day of February, 2020 as the same appears of record in my Office. Dated at Iowa City, this day of �F P ~v Ydig'I�'.9kavn.lO�dil9it5�4�AbK�'��� Kellie R. Fruehling, City erk pec, Doc ID: 027710860004 Type: GEN Kind': DECISION Recorded: 06/03/2020 at 10:59:44 Fee Amt: $22.00 Page 1 of 4 Johnson County Iowa Kim Painter County Recorder Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319-356-5230BK 6051 PG85 2-855 DECISION IOWA CITY BOARD OF ADJUSTMENT v WEDNESDAY, May 13, 2020 ELECTRONIC MEETING—ZOOM MEETING PLATFORM MEMBERS PRESENT: Gene Chrischilles, Ernie Cox, Zephan Hazell, Br�Z PqOKer, Nffiq Pretorius �r— r-t MEMBERS ABSENT: None ` = cc STAFF PRESENT: Sue Dulek, Anne Russett, Kirk Lehmann 0 w OTHERS PRESENT: Tom Maxwell, Kate Maxwell, Mark Kennedy, Thomas McInerney SPECIAL EXCEPTION ITEMS: 1. EXC20-04: A public hearing regarding a special exception application submitted by Tom Maxwell requesting a waiver from the minimum 15 -foot building setback in the Low Density Single -Family Residential (RS -5) zone to construct an addition at 6 Melrose Circle. The Board concludes that the situation is peculiar to the property in question based on the following findings: • The subject property was established before current zoning standards. • The southeast building face fronts the street. The principal building is within the current setback, around nine feet from the front lot line. • The addition is proposed to replace a sunroom currently attached to the northeast building face. The northwest building face is attached to a wooden deck with a gazebo. The southwest building face fronts the driveway. • The street -side setback varies widely among properties in the area. The adjacent lot to the north, 629 Melrose Avenue, extends to the middle of Melrose Circle. The primary building on the property to the east, 3 Melrose Circle, is approximately 12 feet from the front lot line. The Board concludes that there is practical difficulty in complying with the setback requirements based on the following findings: • The house itself sits within the current front setback. • The rationale for the size and location of the proposed addition is based on accommodating an aging -in-place strategy. The centered and northeastern placement of the proposed addition allows connection to the primary building. The Board concludes that granting the exception will not be contrary to the purpose of the setback regulations, which are to: a. maintain light, air separation for fire protection, and access for firefighting; b. provide opportunities for privacy between dwellings; c. reflect the general building scale and placement of structures in Iowa City's neighborhoods; d. promote a reasonable physical relationship between buildings and between residences; and e. provide flexibility to site a building so that it is compatible with builds in the vicinity based on the following findings: VV The proposed building addition will be no closer than approximately 30 feet to any adjacent property. This meets items a, b, d, and a of the purpose of the setback regulations. The reduction would be in line with the general scale and placement of structures within the neighborhood; the principal building at 3 Melrose Circle is approximately 12 feet from the front lot line. The Board concludes that any potential negative effects resulting from the setback exception are mitigated to the extent practical based on the finding that the layout of the current structures in the area will not experience potential negative effects due to the setback exception. The Board concludes that the subject building will be located no closer than 3 feet to a side or rear property line based on the finding that the proposed addition will be 12 feet from the nearest lot line. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The use and intensity of the property will not change due to the addition, nor will access to the property and surrounding properties be affected. • The proposed addition will not interfere with visibility on Melrose Circle. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the finding that the proposed addition will not impact the ability of neighbors to utilize and enjoy their properties, nor will it negatively impact property values in the neighborhood. The Board concludes that establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located based on the following findings: • The surrounding neighborhood is already fully developed with a mix of residential and institutional uses. , • The proposed building addition will be no closer than approximately 3let from any adjacent property under private ownership. The Board concludes that adequate utilities, access roads, drainage and/orn-dce*ry facilities have been or are being provided based on the following findings: IC -2 • The subject property is already developed, and all utilities, access oadso drainage and necessary facilities are established for this neighborhood.o • Pedestrian access is provided by a sidewalk on the east side of Melrose`tircle. • The proposed location of the addition does not contain underground utilities. • Green space surrounds the proposed addition which allows the absorption of any additional stormwater runoff. N The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • No changes are being proposed to the existing driveway, sidewalk or street. • The property is at the end of the street connecting the private road Melrose Circle. • Parking is provided onsite to the west of the primary building and will not be impacted by the proposed addition. • Traffic is mostly limited to residents, and the addition will not impact traffic. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: • The proposed addition will not cause the property to exceed the maximum lot coverage of 45 percent or maximum height of 35 feet. • Rear and side setbacks requirements will be met by the proposed addition. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map of the Comprehensive Plan designated this area for Residential (2-8 Dwelling Units Per Acre). The Future Land Use Map of the Southwest District Plan designated this area for Single Family/Duplex Residential. The current land use of this property is consistent with the Comprehensive and District Plans and will not change because of the proposed special exception. • The Comprehensive Plan's vision includes to "Preserve Historic Resources ... in Established Neighborhoods" (p.21) which is carried out through the strategy of supporting the goals of the Historic Preservation Commission and supporting reinvestment in housing in existing neighborhoods" (p.29). The Plan also notes that in order to "protect our community's historical... assets" the City should "Continue support for the Iowa City Historic Preservation Plan" (p. 26) • The City's Historic Preservation Plan includes the following goals: "Continue municipal policy of protection of historic resources and implement this policy through... regulatory measures" (p. 34) and "...integrate preservation objectives in related planning work undertaken by the City of Iowa City" (p. 61). • The primary building is a key contributing structure in the National Regi"r of Historic Places -Listed Melrose Historic District, and the sunporc#' roposs6d for demolition is original. DISPOSITON: B a vote of 4-0-1 Parker abstaining because he arrived durin � 1 h Y g gee, middle oft—he of public hearing), the Board approved a reduction of the required front setback4Fquirement `j" along Melrose Circle from 15 feet to 12 feet for the property located at 6 Melroo-Oircl s.CO TIME LIMITATIONS: LD W All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. Approved by: *Amyetorius, Chairperson City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 13'h day of May, 2020 as the same appears of record in my Office. Dated at Iowa City, this ) day of � 1,C. et , 20 -�D Kellie Clerk q 0 N � O r co :F q ............. ... ..... ........ I...... ..... Doc ID: 027725560016 Type: GEN 1 L! Kind: ORDINANCE 1 = _ I Recorded: 06/16/2020 at 10:30:55 AM ��� Fee Amt: $82.00 Pape 1 of 16 beat L Johnson County Iowa @ m Kim Painter County Recorder % "=1�q BK6058 PG181-196 -w= p LL f City o/ F� ti NO STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.20-4824 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of June, 2020, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 12th day of June 2020. Kellie k. Fruahling City Clerk \ord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 '0 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 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°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 N64°02'03"E; Thence S89027'12"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 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; 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 Comer 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 S00048'17"E, 239.99 feet; Thence S89'27'1 2"E, 165.05 feet; Thence S00048'1 7"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 N89027'12"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 Comer 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 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 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 1\101°31'04"W, along the East Line of said Parcel 1, a distance of 230.90 feet, to the Point of Beginning; Thence continuing N01031'04"W, along said East Line, 525.20 feet; Thence N20°10'51"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 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 N72019'56"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 Mayo 20 20 v dby: 4 ())�L Attest: City erk I,,,, f f, � �- ."LIL-e— 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 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 05/05/2020 Vote for passage: 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 06/1 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 14-2G-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 modem 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 follows: Summit Ridge, LLC and Allen Development, LLC are the collective legal title holders of the property legally described as: DESCRIPTION - REZONING PARCEL 41 (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 Comer 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°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 N64002'03"E; Thence S89027'12"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. 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 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; Thence N00°3349"E, along the East Line of said Eastbrook Flats Addition, 299.19 feet, to the Point of Beginning; Thence continuing N00033'49"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 N01031'04"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 S89°27'12"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 S64902'03"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 Comer 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; Thence N0003349"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 031'04"W, along the East Line of said Parcel 1, a distance of 230.90 feet, to the Point of Beginning; Thence continuing N01 031'04"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 Comer 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 S00050'20"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 N89"26'40"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 N72019'56"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 02/26/2020, 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 Recorders Office at the Applicant's expense. Dated this 2nd day of June —,20 20 City of Iowa City Summit Ridge LLC r ce Teague, Mayor ilBy: Attest: Allen Develop nt LLC ,�), f C. , �4'�C-4 - Kellib Fruehling, Ci Clerk By: p rd by: Allen Homes, C. f� City Attorney's Office 5 2n2o By: City of Iowa City Acknowledgement: State of Iowa ) ) ss: Johnson County ) This instrument was acknowledged before me on j Lege- 2 202-Oby .JiFA-6ruce W egmerton and Kellie Fruehling as Mayor and 'ty CI rk, res0ee y, of the City of Iowa City. Notary Public in an or the State of Iowa (Stamp or Seal) Title (and Rank) S R a 0 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 Recorders Office at the Applicant's expense. Dated this day of rfl 20_. City of Iowa City �— Summit Ridge LLC Bruce Te eue, Mayor By; Attest: Allen Development LLC �- 0- (-- Kellie Fruehling, C' Clerk By; Approved by: Allen Homes, Inc. City Attorney' Office By; City of logia City Acknowledgement: Summit Ridge LLC Acknowledgement: State of .irr/.�, County of �j/j-�/ This record was acknowledged before me on M c 1 2020 b �P/J� �lll aln (Name(s) of individual(s) as � cn Z, .7m ..' a, (type of authority, such as officer or trustee) of Summit Ridge LLC. -7 vAlt �/g- Notary Public in and forihe SItAte of Iowa (Stamp or Seal) Title (and Rank) o op IONN W YAPP z F commfeaHi Number 815696 MY Canmission Expires My commission expires: March 8 2022 Allen Development LLC Acknowledgement: State of Siya, County of za_Ago This record was acknowledged before me on 6G 1 f 2020 b . ".r& e-2 0► (Name(s) of individual(s) as (type of authority, such as officer or trustee) of Allen Development, LLC. -7 4 Y -w-- Notary Public in and for th6 S4116 of Iowa (Stamp or Seal) ZZOZ '0 40AIW 69n63 uolssiuwmo 6N Title (and Rank) 969919 �rWUDjUjW :) o ddVA AI NNOr My commission expires: Allen Homes, Inc. Acknowledgement: State of _(1� County of -7—vhLW*,✓ This record was acknowledged before me on A / 2020 by = /fe ,ft, -ter (Name(s) of Of as fes/ /r%/�n iv�s�L" (type of authority, such as officer or trustee) of Allen Homes, Inc. Notary Public iand for thd'State of Iowa (Stamp or Sea[) 0NN N YA?P 1 Cem1111�1p11 NumGr 815E?° Title (and Rank) = My COMMIS" EvpiraR March B, 2022 My commission expires: SrrEPT Doc ID: 027738130008 Type: GEN Kind: DECISION Recorded: 06/23/2020 at 02:48:19 Pt Fee Amt: $42.00 Page 1 of 8 Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, lom City, IA 52240; 319-356-52 Johnson County Iowa Kim Painter County Recorder DECISION SK6064 PG411-418 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, June 10, 2020 ELECTRONIC MEETING—ZOOM MEETING PLATFORM MEMBERS PRESENT: Gene Chrischilles, Ernie Cox, Bryce Parker, Amy Pretorius MEMBERS ABSENT: Zephan Hazell STAFF PRESENT: Sue Dulek, Anne Russett, Kirk Lehmann, David Schwindt OTHERS PRESENT: Eddie Cole, Cady Gerlach, Crissy Canganelli, Dan Broffitt, Joel Fagan, Kathleen Crawford, Kirsten Frey, Sam Alexakis, Jessica Egli, Josh Moe SPECIAL X PTION ITEMS: 1. FXV: An application submitted by Southside Developers, LC requesting a special exception to allow a Community Service - Long Term Housing use in an Intensive Commercial (CI -1) zone that is adjacent to a single-family residential zone at Parcel 1022133012 on Southgate Avenue. The Board concludes that the proposed development will meet the following specific standard found in 14 -4B -4D -6a. Maximum Density: In the CO -1, CI -1 and CC -2 zones: A minimum of nine hundred (900) square feet of lot area per dwelling unit is required. Dwelling units must be efficiency and/or one bedroom units. This is based on the following findings: • The property is 32,420 square feet and is in an Intensive Commercial (CI -1) zone. Up to 36 efficiency or one -bedroom dwelling units may be built on the site. • The proposed design complies by including 36 one -bedroom dwelling units. The Board concludes that the proposed development will meet the following specific standard found in 14 -4B -4D -6b. Management Plan Required: The applicant must submit a site plan and a management plan that addresses potential nuisances such as loitering, noise, lighting, late night operations, odors, outdoor storage and litter. The management plan must include plans for controlling litter, loitering and noise; provisions for 24/7 on site management and/or security, and a conflict resolution procedure to resolve nuisances if they occur. The site plan and management plan must be submitted concurrently to the cit"r if permitted as a special exception said plans must be submitted with the speciaexcepbn application. This is based on the following findings: CD • A site plan and management plan are included in the application. C-) c N r • The management plan contains provisions to address potential nuisan?�s in&ding' the following: :�H o Loitering. Shelter House staff shall request individuals without a Iai� wtbo are not welcomed as a visitor of a current tenant, volunteer, or partne_Q service provider to leave the premises, with the support of the Iowa City Police c� Department where necessary. o Noise.. Tenants shall be notified of Iowa City's Noise Ordinance with the expectation that they comply so as not to disrupt the enjoyment of other tenants N� k0 and surrounding property owners. In addition, staff recommends a condition that the management plan be revised to require that tenants are also provided the Disorderly House provision (Section 5-5-5). o Exterior light ono. Exterior lights will be provided at the front and rear of the property in compliance with existing code requirements to minimize glare. o Odors. Shelter House shall provide for regular solid waste removal, litter control, janitorial services, and onsite facilities. o Outdoor storage. The trash and recycling enclosure shall be located at the rear of the property and shall comply with screening requirements of the underlying zone. o Litter. Shelter House staff and/or a professional janitorial service shall survey exterior grounds, including the outdoor enclosed smoking area, and shall remove any litter daily. The management plan includes provisions for 24/7 onsite management and for the training of staff by Shelter House to maintain a safe work environment and a safe living environment for tenants. The management plan includes conflict resolution procedures for staff to resolve disputes or other nuisances should they occur, including provisions for ongoing communication and cooperation with the Iowa City Police Department. The Board concludes that the proposed development will meet the following specific standard found in 14 -4B -4D -6c. Special Exception Required: A special exception is required if the proposed use is in a CO -1, CI -1 or CC -2 zone and is across the street from or adjacent to a single-family residential zone. This is based on the following findings: • The application was submitted because the property is adjacent to a property zoned as high density single-family residential (RS -12). The Board concludes that the proposed development will meet the following specific standard found in 14 -4B -4D -6d. Neighborhood Meeting Required: Prior to a building permit being issued, the owner or operator of the community service - long term housing use must hold a neighborhood meeting inviting all property owners within two hundred feet (200') of the proposed use. At the neighborhood meeting, the owner or operator must provide copies of the management plan, and contact information for the management team of the proposed use. This is based on the following findings: • City staff will work with the owner to ensure a neighborhood meeting is held prior to issuance of a building permit. If an in-person meeting is impossible or impractical to hold due to health and safety concerns presented by COVID-19, City staff will work with the applicant to conduct a virtual meeting. In the case of a virtual meeting, the applicant will deliver or mail the required materials to the neighbors. The Board concludes that the proposed development will meet the following specific standard found in 14 -4B -4D -6e. Site and Building Development Standards: The proposed facility must comply with the minimum standards as specified in the Iowa City housing code, as amended, and maintain a rental permit. In the CO -1, CIA, and CC -2 zones up to fifty percent (50%) of the first floor of the building may be occupied by residential uses. This is baked on the following findings: r,J J — C.1 G 0 N • City staff will work with the owner to ensure the proposed facility meets the requirements of the City's housing code and the minimum standards necessary to maintain a rental permit. • The proposed design has less than fifty percent (50%) of the first floor of the building occupied by residential uses. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The proposed exception is an allowable use in the zone and compliments other uses that exist nearby including residential uses and those operated by nonprofit and public agencies. • The proposed facility will be operated by Shelter House, a nonprofit that has experience providing permanent supportive housing in a housing first model for persons with disabilities who are identified as chronically homeless. The agency has partnerships with local health providers, law enforcement, and other health and safety officials. • Shelter House staff will provide regular, onsite supportive services to tenants. • Security and management will be provided on a 24-hour basis. • The City's other Community Service - Long Term Housing use at Cross Park Place (820 Cross Park Avenue) generated 118 total "quality of life" calls for service in 2019. This amounts to 4.9 calls per unit, a number that generally decreased over time. Other multifamily properties near Cross Park Place generated between 3.7 and 17.9 calls for service per unit in 2019. Other commercial uses in the area that are allowable in a CIA zone generated between 74 and 169 calls for service. Overall, this land use generates calls for service within the range of other similar and/or allowable uses in the area. • Permanent supportive housing is a proven intervention that is beneficial for general public health. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: Tenants began moving into Cross Park Place in January 2019. Prior to its opening, properties within 1/8 mile experienced 40 "quality of life" calls for service in 2017 and 33 in 2018. After Cross Park Place's open, these properties (excluding Cross Park Place) experienced 46 "quality of life" calls for service in 2019. Meanwhile, the broader neighborhood (properties within 1/4 mile) experienced 195 such calls in 2017, 205 in 2018, and 266 in 2019. Overall, this Community Service - Long Term Housing use has not affected quality of life calls in its immediate vicinity compared to the surrounding neighborhood. Properties within 300 feet of Cross Park Place have not been reassessed since that property was fully leased, but the most recent Iowa City assessment data inclicbtes that nearby property values have increased or remained stable while -details `shout that project were public. The proposed use is similar to those found at nearby properties, includinj re'cJential-•- and institutional uses, and is of a similar scale to nearby buildings. ry ri Et UE cn 10 The Board concludes that establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located based on the following findings: • The proposed project will not affect the development and/or improvement of surrounding properties for uses permitted in the district. • Other properties near the proposed use that are within the same zoning district contain institutional uses where nonprofits provide housing and/or services. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: Surrounding properties are already developed with utilities, access roads, drainage, and necessary facilities established. Pedestrian and transit access are available near the proposed facility. The proposed facility will need to comply with all relevant City codes, including codes pertaining to utility hook ups, access, and site drainage. City staff will work with the owner to ensure the proposed facility meets all relevant City codes prior to issuance of a building permit. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • Vehicle ownership for the target population of the development is lower than average. Current street access is adequate to carry additional traffic. The site plan indicates adequate parking spaces for the use and underlying zone. • The proposed project is served by both pedestrian and nearby transit facilities. • The proposed facility will need to comply with all relevant City codes, including codes pertaining to ingress and egress. • City staff will work with the owner to ensure the proposed facility meets all relevant City codes prior to issuance of a building permit. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: • The proposed facility will need to comply with all relevant City codes, including codes pertaining to zoning setbacks and other site development standards. • City staff will work with the owner to ensure the proposed facility meets all relevant City codes prior to issuance of a building permit. T�e Board concludes that the exception is consistent with the Comprehensive Plan of the may, as amended, based on the following findings: ibe Future Land Use Map of the Comprehensive Plan designates this area for N �16Yensive Commercial. The Future Land Use Map of the South District Plan N ..de`signates this area for Commercial. The Zoning Code includes this as an _appropriate use within commercial zones. The South District Plan specifies that there �N 1O is an opportunity in commercial areas to "explore the potential for mixed use[,] residential or institutional uses' as long as it "contributes to the overall health of the surrounding neighborhood" (p.51). • The Comprehensive Plan's vision supports Compatible Infill Development, a Diversity of Housing Types, and Affordable Housing (p. 21). The Plan also contains strategies ensuring "that infill development is compatible and complementary to the surrounding neighborhood" (p. 24) and supporting "infill development... in areas where services and infrastructure are already in place" (p. 28). • The Comprehensive Plan contains a goal to "Encourage a diversity of housing options in all neighborhoods' by ensuring "a mix of housing types within each neighborhood" (p.28). Narrative throughout clarifies that "By allowing for a mix of housing types, moderately priced housing can be incorporated into a neighborhood, rather than segregated in one or two areas of the community" (p.21). Narrative in the South District Plan notes that the high demand for affordable housing has led to "a concentration of poverty that has implications for the community as a whole as well as the school district" (p. 16). To help address these goals, the City adopted an Affordable Housing Location Model which guides City assistance for affordable housing away from "neighborhoods and elementary schools that already have ... a concentration of poverty." Exemptions are granted for projects that provide housing for persons with disabilities. • This proposed project is consistent with Iowa City's Comprehensive Plan and complies with relevant policies that help address its goals and strategies. DISPOSITON- By a vote of 4-0 (Hazel) absent), the Board approved EXC20-05, which will allow the establishment of a Community Service — Long Term Housing use in a CI -1 Zone that is adjacent to a single-family residential zone at Parcel 1022133012, subject to the following conditions: 1. If the tenant, not the owner, is the operator of the community service - long term housing use, there must be a written lease between the owner and tenant, and a copy must be made available to the City upon request. 2. The final site plan must substantially comply with the submitted site plan, or any changes to it must comply with the site development standards and other applicable requirements of the City Code. 3. Prior to the issuance of a building permit, the management plan must be revised to require that tenants are provided a copy of the Disorderly House Ordinance (Iowa City Code Section 8-5-5) in addition to the Noise Control Ordinance (Iowa City Code Section 6-4) and be signed by the operator. 2. EXC20-06: An application submitted by The Englert Theatre requesting a special exception to allow changes to a nonconforming sign at 221 E. Washington Street. The Board concludes that the proposed development will meet the following specific11 standard found in 14 -4E -8C -4a. The sign must be located on a property desigiialed as a historic landmark, a property registered on the national register of historic places or ort a property listed as a key or contributing property in a historic preservation or h(s(oryc ry conservation overlay zone. This is based on the following findings: n • The Englert Theatre is listed in the National Register of Historic Placeq, _gtional Register Information System Identification number 1000911. - CO :n C r. The Board concludes that the proposed development will meet the following specific standard found in 14 -4E -8C -4b. The sign must fall into one of the following categories: (1) The sign is in keeping with the architectural character of a historic structure and is appropriate to a particular period in the structure's history; or (2) The sign is an integral part of a property's historic identity; or (3) The sign makes a significant artistic or historic contribution to the community or neighborhood in which the sign is located. This is based on the following findings: The proposed rehabilitation involves appropriate repair to elements of the sign that maintains its architectural character. The marquee is identified as a key historical feature and was installed between 1950 and 1958, within the period of significance identified in the Englert's National Register of Historic Places Registration Form. The Board concludes that the proposed development will meet the following specific standard found in 14 -4E -8C -4c. At the time of application for the special exception, changes to the subject sign must be approved by the Historic Preservation Commission through a certificate of appropriateness. If the Board of Adjustment grants a special exception for the sign, any subsequent changes to the sign do not have to be approved by the Board of Adjustment, but do require a certificate of appropriateness from the Historic Preservation Commission. This is based on the following findings: • The Historic Preservation Commission granted a certificate of appropriateness at their meeting on May 14, 2020 with the condition that a special exception must be granted by the Board of Adjustment. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The Englert's existing marquee is a noncompliant sign that will be rehabilitated to replace deteriorated and outdated parts and improve the roof drainage system. • The plans for the sign include repair of parts that have been damaged or have deteriorated over the years, which will improve public safety for pedestrians walking under the sign. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: The proposed rehabilitation will maintain the approximate size, shape, color, and illumination of the existing marquee. The proposed exception will not affect the use and enjoyment of surrounding properties, nor will it diminish or impair property values in the neighborhood. Tb� Board concludes that establishment of the specific proposed exception will not impede t�e_;normal and orderly development and improvement of the surrounding property for uses pepitP89 n the district in which such property is located based on the following findings: The—.marquee will project over the public sidewalk on the south side of East r Wi*ngton Street. G� N 10 • The surrounding area is fully developed with a mix of commercial, residential, and institutional uses. • The proposed rehabilitation will not impact future development. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • The subject property is already developed, and all utilities, access roads, drainage and necessary facilities are established for this area. • Rehabilitation will reduce electrical consumption with the use of more energy-efficient technologies. • Rehabilitation will improve storm water drainage by adding a secondary overflow drain to reduce the risk of a stopped drain. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • No changes are being proposed to ingress or egress. • The use and intensity of the property will remain the same. • Temporary measures will affect pedestrian circulation on the sidewalk below the marquee during construction, but the project will have no long-term effects. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: The Englert marquee is a nonconforming sign because it is not an allowed sign type, it exceeds illumination requirements, it exceeds the allowed distance a sign can project, and it exceeds the maximum sign area for all types of allowed signs in this zone. Because it is "historic", this is allowable with a special exception and a certificate of appropriateness. City staff will work with the applicant to ensure that all work conforms with other standards of this zone, including compliance with plans as approved by the Historic Preservation Commission. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: The Comprehensive Plan Future Land Use Map designated this area for General Commercial. The Downtown and Riverfront Crossings District Master Plan identifies the Englert Theatre as a Key Historic Building and notes that "the City should take measures to preserve and actively protect these buildings" (p.55). The Comprehensive Plan's vision includes to "Preserve Historic Resource." (p.21) to be carried out by supporting "the goals of the Historic Preservafi6n,Corr1S'r(ssion" (p.29). The Historic Preservation Commission has approved a Certificate ofApprpgriate fess for the project, subject to approval of a special exception. ,, co cn C-11 10 DISPOSITOM By a vote of 4-0 (Hazell absent), the Board approved EXC20-06, to allow the proposed changes to the nonconforming sign at the property located at 221 East Washington Street. All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. aonn0o/pl GRLnnm GIyL�/ / ZCL� (CLQ' MTF%EMCO KBNB Amy Pretorius, Chairperson STATE OF IOWA JOHNSON COUNTY ApZ City Attorney's Office I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 10th day of June, 2020 as the same appears of record in my Office. Dated at Iowa City, this nc1 day of �-J 20 --LO Kellie R. Fruehlin+CitClerk /! �0 u� cis ; J, Ln r„ Kellie R. Fruehlin+CitClerk /! �0 Fet Illlllllllllllllllllllllllllllllllilllllllllllllllllllllllllllllllllllllllllllll Doc ID: 027764810008 Type: GEN Kind: ORDINANCE Recorded: 07/13/2020 at 02:23:42 PM Fee Amt: $42.00 Pape 1 of 8 Johnson County Iowa Kim Painter County Recorder BK6075 PG961-968 STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Kellie K. Fruebling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.20-4825 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 7' day of July, 2020, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 9h day of July 2020. Kellie K. Fruehling City Clerk y 6 \ord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 \k Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5238 (REZ20- 01) Ordinance No. 20-4825 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. 20-4825 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 7th day of July 2020 May r AP red by: %/� % �✓ 'i1. / ` City Attorney's Office (Sara Greenwood Hektoen — 05/28/2020) 1� Ordinance No. 20-4825 Page 3 It was moved by Mims 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 First Consideration 06/02/2020 Vote for passage: AYES: Salih, Taylor, Teague, Thomas, Weiner, Bergus, Mims. NAYS: None. ABSENT: None. Second Consideration 06/16/2020 Vote for passage: AYES: Bergus, Mims, Salih, Taylor, Teague, Thomas, Weiner. NAYS: None. ABSENT: None. Date published 07/16/2020 that the 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. 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. Datedthis 7th dayof July 20 20, City of Iowa City 13rdoe Teague, Mayor U Attest. n n� Kellle Fruehling, CiTlerk �l / A r ed by: - iJ . ` City Attorney's Office (Sara Greenwood Hektoen — 05/28/2020) City of Iowa City Acknowledgement: State of Iowa ) ) ss: Johnson County ) F cus Comm cla Real Estate, LLC. BY• s.sa... Kwa d�.�/' GRD C'I' By: se o This instrument was acknowledged before me on 7Id V . 20"o'l?by Bruce Teague and Kellie Fruehling as Mayor and City Clerk, reg ✓'. tyyff wa City. Notary Public In and fpMhe State of Iowa (Stamp or Seal) c~ , CHRISTINE OLNEY _ � Commission Number 806292 Title (and Rank) + • M Commissbri Exp;,e$ N� Focus Commercial Real Estate, LLC. Acknowledgement: State of Iowa County of 'Wgv%c or. This record was acknowledged before me on Sinn a of 2020 by i'4sev, \Jav I c (Name(s) of individual(s) as baV' (type of authority, such as officer or trustee) of Focus mercia al s a JOEL BARTLETT Nota# Public in and for the Stat � -COMSSION A OIUU5�ONtRRd01.AC0�U5Sbt11 13951 (Stamp or Seal owP MY AUGUST 23, 20.9 EXPIRES ) Title (and Rank) GRD Clinics, LLC. Acknowledgement: State of Tdwc6. County of:Tel,Nsev. This record was acknowledged before me (Name(s) a, (type of auth ity, such as officer or trustee JOEL BARTLETT CNISSIO MIEBWRIISSI0NNUMBEN13=7 MY COMMISSION EXPIRES /owP AUGUST 23, 20_ LLC. of Iowa My commission expires:__ �2 Itl (Stamp or Seal) Title (and Rank) My commission expires: VZ3A3 k� Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319-356-5230 Re Doc ID: 027783570005 Type: GEN Kind: DECISION DECISION Recorded: 07/29/2020 at 10:08:25 Al IOWA CITY BOARD OF ADJUSTMENT Fee Amt: $27.00 Pape 1 of 5Johnson county Iowa WEDNESDAY, JULY 15, 2020 Kim Painter county Recorder ELECTRONIC MEETING—ZOOM MEETING PLATFORM BK6033 PG791-795 MEMBERS PRESENT: Gene Chrischilles, Ernie Cox, Zephan Hazell, Bryce Parker, Amy Pretorius �U MEMBERS ABSENT: None _ r= STAFF PRESENT: Sue Dulek, Anne Russett, Kirk Lehmann, Joshua Engelbrecff' `` OTHERS PRESENT: Britni Andreassen, Keith Weggen, Michael Pugh, Siobhan Y1afrlian i P IA X PTION ITEMS: (V 1. FX(2007: A public hearing regarding a special exception application submitted by Britni Andreassen on behalf of Kum & Go L.C. requesting waivers from the 3 -foot parking setback behind the secondary street facade along 3rd Street and from the frontage type and related design requirements for the north facade at 1310 South Gilbert Street & 348 Highland Avenue. The Board concludes that the proposed development will meet the following specific standard found at 14 -4B -4B -12j. Waivers from Development Standards for Quick Vehicle Servicing in RFC Zoning Districts: For properties located in the CB -2 zone, CB -5 zone, riverfront crossings district, eastside mixed use district, or towncrest design review district, where it can be demonstrated that the proposed quick vehicle servicing use cannot comply with a specific standard as indicated in subsections 131 2h and B1 2i of this section, the board of adjustment may grant a special exception to modify or waive the provision, provided that the intent of the development standards is not unduly compromised. The board of adjustment may impose any condition or conditions that are warranted to mitigate the effects of any variation from these development standards. This is based on the following findings: The property is zoned RFC -SG and is in the Riverfront Crossings District. It is therefore eligible to request a waiver from standards outlined in Section 14 -413- 4B -12i of the zoning code, which requires that properties in the Riverfront Crossings District comply with the Riverfront Crossings Form -Based Code. The applicant requested waivers from the following two sets of requirements: 0 Sethsnk and Screening Requirements. Surface parking, loading, and service areas must be set back at least 3 feet from secondary street building facades (14 -2G -3A -4b-(2)). This helps create pedestrian -friendly streetscapes where building facades are aligned along public sidewalks and parking and service areas are behind buildings. The proposed parking along Highland Avenue complies with this standard, but a waiver is necessary for parking on the north portion of the site near 3rd Street. 0 Frontages and Facades. Principal buildings and facades must comply with frontage type and building type standards (14 -2G -3A -3e). In addition, several building design standards also apply to street -facing facades (14- 2G -7F), including requirements to divide facades vertically into 20- to 35- N7, foot bays (1 b), to provide equal architectural quality and detail at corners (1f), to provide a certain proportion of the fagade as doors or transparent windows (1g), and to disallow blank fagades (1h). These standards improve the quality and character of public streets and spaces by breaking up fagades, creating seamless transitions around corners, and providing visual interest, which ultimately contributes to more pedestrian - friendly streets. The applicant requested these requirements be waived for the north fagade of the proposed building which faces 3rd Street. • 3rd Street is not shown as a primary street on the Regulating Plan. • The intent of the code regarding parking setback, screening, frontage, and fagade requirements is met because a 5 -foot tall street screen is proposed on the west and north sides of the site as shown on the site plan dated June 23, 2020 and because it fronts 3rd Street, which is a non -primary street that is not shown on the Regulating Plan. • A condition is imposed that the final site plan substantially comply with the submitted site plan dated June 23, 2020 to ensure parking is visually buffered from the sidewalk on S. Gilbert Street and that the street screen to the north provides additional buffering between the sidewalk and north fagade. • Additionally, a condition is imposed that the final elevations substantially comply with those dated July 8, 2020. If there are substantial changes from the submitted site plan or elevations, they must comply with the site development standards and other applicable requirements of the City Code. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • There is an existing convenience store with fuel sales located on this site. • The Board of Adjustment approved allowing a new convenience store with fuel sales at this site (EXC19-12 recorded January 31, 2020 in Book 6004, Page 400- 403 in the Johnson County Recorders Office) and waiving the 2 -story minimum building requirement at this site with the condition that the external walls of the proposed convenience store be built at least 22 feet in height to give the appearance of a 2 -story building. (EXC20-03 recorded May 1, 2020 in Book 6036, Page 313-315 in the Johnson County Recorder's Office). • The new request will not change the use or access to site. • The requested waivers will result in the following: o a view of parking from S. Gilbert Street that is not blocked by the building on the north; and o a building where the north face will not contain a frontage type or provide other building design features. • 5 -foot tall street screens will buffer both results from public rights-of-way.G The Board concludes that the specific proposed exception will not be injurious tsthe use and enjoyment of other property in the immediate vicinity and will not substanfally di �rtinish or impair property values in the neighborhood based on the following finding`s-•. , —; co • The proposed request will not change the use or access to the site.*: _ .v r�i • A modification of parking setbacks and frontage and design standards on the north face of the building will not injure the use and enjoyment of other property in the immediate vicinity, nor will it affect nearby property values The Board concludes that establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located based on the following findings: • The surrounding properties are developed but are also eligible for redevelopment under the Riverfront Crossings Form -Based Code. • Redevelopment of this property and these requested waivers will not affect development or improvement of surrounding properties. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • The subject property has access to all necessary utilities and facilities. • The redevelopment will not require off-site improvements. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following finding: The current site has access points off S. Gilbert Street, Highland Avenue, and 3rd Street. The rezoning (Ordinance No. 19-4814) included a condition that the applicant close all access points from S. Gilbert Street and have only one access point from Highland Avenue to minimize traffic congestion at the intersection of S. Gilbert Street and Highland Avenue and on surrounding streets. As a result, the proposed redevelopment will improve traffic congestion, ingress, and egress. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: • Approval of the requested special exception will waive the following requirements: o That surface parking be set back 3 feet from the north building fagade along 3rd Street (14 -2G -3A -4b-(2)); o That the north face of the building will not have a frontage type (14 -2G - 3A -3e); and o That the north face of the building will not comply with several relptgd building design standards (14 -2G -7F-1 b, -1f, -1 g, and -1 h). 11) • Through the design review process, staff will ensure compliance with the,ojher provisions of the Riverfront Crossings Form -Based Code. ry The Board concludes that the exception is consistent with the Comprehensive!PTan ooRthe City, as amended, based on the following findings: • t:5 N r"I • The Future Land Use Map in the Comprehensive Plan designates this area for Mixed Use Development which includes a variety of retail, office, and residential uses. The Comprehensive Plan supports urban infill and redevelopment in certain areas of the City, including in the Riverfront Crossings District (pp.24-25). The Riverfront Crossings Master Plan calls for a pedestrian scale development in this area along S. Gilbert Street, with buildings to the front of the street and parking to the rear. Some plan concepts show a gas station on the corner of S. Gilbert Street and Highland Avenue. The Plan also calls for a retail/convenience store in this area to serve local demand. This area is envisioned to be redeveloped with a commercial use (p. 100). DISPOSITON- By a vote of 5-0, the Board approved waiving the 3 -foot parking setback behind the secondary street fagade along 3rd Street and from frontage type and related design requirements for the north fagade of the building, for the properties located at 1310 S. Gilbert Street & 348 Highland Avenue, subject to the following conditions: 1. The final site plan must substantially comply with the submitted site plan, dated June 23, 2020, or any changes to it must comply with the site development standards and other applicable requirements of the City Code. 2. The final elevations must substantially comply with the submitted elevations, dated July 8, 2020, or any changes to it must comply with the design standards and other applicable requirements of the City Code Extension Request: A request submitted by Kum & Go L.C. to extend the expiration date to July 30, 2021 for EXC19-12, a special exception approved to allow a quick vehicle servicing use in the Riverfront Crossings -South Gilbert (RFC -SG) zone, EXC20-03, a special exception to waive the minimum 2 -story building requirement, and EXC20-07, a special exception to waive the 3 -foot parking setback behind the secondary street fagade along 3rd Street and from the frontage type and related design requirements for the north fagade. DISPOSITON: By a vote of 5-0, the Board approved an extension to change the expiration date of EXC19-12, EXC20-03, and EXC20-07 to July 30, 2021. All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. N L_ C) f�) .27 AM CDT ✓vw` ,�/A Ams:, aGNo APp X` ro b Amy Pretorius, Chairperson 3,D � -d a —07O City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 15th day of July, 2020 as the same appears of record in my Office. Dated at Iowa City, this day of -,A 200-0 Kell' I . Frueh*,ItyCler c /� I `OL Fee. Doc ID: 027845080040 Type: GEN Kind: SUBDIVISIOb Recorded: 231 020 at 03:53:35 PM Pee Amt: $202.00 Page 1 of 40 Johnson County Iowa Kim Painter County Recorder T3 1®ate; BK6111 P�96-135 cl- IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 STATE OF IOWA ) 09 FAX www. gov.or www-icgov.org ) SS JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.20-205, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1 st day of September 2020, all as the same appears of record in my office. Also attached are the final legal documents for Community View — Part One Subdivision, Iowa City, Iowa. Dated at Iowa City, Iowa, this day of i ><ki 2020. Kellie . Fruehling City Clerk fires subdivision 13 Prepared by: Anne Russett, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (SUB20-0001) Resolution No. 20-205 Resolution Approving Final Plat Of Community View — Part One Subdivision, Iowa City, Iowa. Whereas, the owners, Summit Ridge LLC and Allen Development LLC, filed with the City Clerk the final plat of Community View — Part One Subdivision, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, 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, 60.22 feet, to the POINT OF BEGINNING; Thence continuing N00°33'49"E, along said East Line, 449.58 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 S89026'59"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 756.10 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 S00050'20"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, 1829.12 feet, to the Northeast Corner of the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 6025 at Pages 33-34 of the Records of the Johnson County Recorder's Office; Thence N89030'17"E, along the North Line of said Conveyed Parcel, and the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 6025 at Pages 21-22 of the Records of the Johnson County Recorder's Office, 1167.80 feet, to the Point of Beginning. Said Community View - Part One contains 33.39 Acres, and is subject to easements and restrictions of record. Whereas, the Neighborhood and Development Services Department and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Whereas, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2020) and all other state and local requirements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: t3 Resolution No. 20-205 Page 2 The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of Lot A, the streets, and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner. Passed and approved this 1st day of September 2020 Attest: City Clerk It was moved by Salih adopted, and upon roll call there were: Ayes: X X X X X X X M 9Z4Q)iZ'_ City Attorney's Office (Sara Greenwood Hektoen — 08/27/2020) and seconded by Nays: Mims Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be p0hemplates/Resolution_ _Community_View_PanOne.docx doc 1 l SUBDIVIDER'S AGREEMENT COMMUNITY VIEW- PART ONE IOWA CITY, IOWA THIS AGREEMENT made by and among Allen Development LLC and Summit Ridge LLC, hereinafter collectively called "Owner" or "Subdivider", and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City". IT IS HEREBY AGREED AS FOLLOWS: In consideration of the City approving the plat of Community View— Part One Subdivision, Iowa City, Iowa, hereinafter "the Subdivision", the Subdivider agrees as a covenant running with the land as follows: Section 1. Public Improvements. Subject to Sections 4 and 5, the City shall not issue a Building Permit for any of the lots in the Subdivision unless and until the water mains; the sanitary sewers; the storm sewers; certain concrete sidewalks, trails and street paving at least 26 feet in width on Eastbrook Street, Aiden Street, Winnsboro Drive, and Tottenham Avenue; hereinafter "Improvements", have been installed in the Subdivision as required by the City's Subdivision Ordinance, and until accepted by the City, and subdivision erosion control measures have been installed as required by the City under its ordinances. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original improvements at issue herein. Nor shall the Subdivider be deemed acting at the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the improvements herein shall be in accordance with City specifications or approved plans, and the obligation to install said improvements shall remain with the Subdivider until completion by the Subdivider, and until acceptance of the improvements by the City, as provided by law. Section 2. Storm Water Management. Storm water management for the subdivision will be provided by the City's Ralston Creek regional storm water management facilities, a portion of which is located within the Subdivision. In order to accommodate development of this subdivision, Subdivider may modify that portion of the regional detention facilities located in the subdivision, but in no case shall such modifications reduce the existing storage volume of the regional facilities. Except as provided in this Agreement and subject to Section 5, the City shall not issue a building permit for any lot in the Subdivision until Subdivider installs the modifications to Ralston Creek regional detention facilities ("Facilities"), including the site work incident thereto and the associated storm sewers and drainage swales. Owner agrees that the duty to maintain the Facilities within the Subdivision shall remain on Subdivider, its successors and assigns in interest, which may include a not-for-profit owners' association formed in part for that purpose. Said maintenance shall comply with the City's Storm Water Management Ordinance, Title 16, Chapter 3, Article G, as amended. 13 Section 3. Construction of Improvements and Facilities. All Improvements and Facilities described in Sections 1 and 2 of this Agreement shall be constructed and installed by the Subdivider according to plans and specifications approved by the City Engineer of the City of Iowa City, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from its responsibility to construct said Improvements in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Improvements and Facilities are in compliance with said plans and specifications. Section 4. Sidewalks and Trails. Subdivider agrees to install sidewalks abutting each of the lots in said Subdivision adjacent to Eastbrook Street, Aiden Street, Winnsboro Drive, and Tottenham Avenue, except Outlot B. Said sidewalks shall be at least 5 feet in width according to specifications approved by the City Engineer for the City of Iowa City, Iowa. The sidewalks shall be installed in the Subdivision covered by this Agreement as required by the Iowa City Code of Ordinances, and shall remain a lien on each abutting lot until installed and released by the City, and the Release duly recorded in the Johnson County Recorder's office. Except as provided herein, sidewalks shall be installed when each such lot is developed, prior to the issuance of an occupancy permit for the dwelling on the lot. The sidewalks adjacent to Outlot C shall be installed prior to issuance of any building permit for any lot in the subdivision. Subdivider further agrees to install trails at least 8 feet in width within the public access easement areas. Said trails within the public access easement area near the west side of Lot 4 shall be installed prior to issuance of any building permit for any lot within the subdivision. The trail within the easement area in Outlot A along the northeast side of Outlot B shall be installed with the public improvements required upon further platting of Outlot B. Said sidewalks and trails shall be constructed according to plans and specifications approved by the City Engineer and, for the sidewalks, per Sections 16-1 C-1, 2, 3 of the Iowa City Code of Ordinances. Section 5. Buildine Permits and Escrow Monies. In the event the Subdivider, its assigns, or successors in interest should desire a building permit on any lot in the Subdivision before the Improvements or Facilities have been installed, the Subdivider or its assigns or successors in interest shall deposit with the City Finance Department, in escrow, an amount equal to 110% of the estimated cost of said Improvements, Facilities, sidewalk adjacent to Outlot C and trail within Lot 4 as determined by the City Engineer (hereinafter "Improvements Escrow"). In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within the Subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean -Up Escrow") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Subdivider shall be responsible for the cost of any such clean-up and to the extent that the Subdivider fails to accomplish erosion clean-up after reasonable notice from the City, the City is hereby authorized, but not obligated, to do the work and to charge the cost thereof to the Erosion Clean -Up Escrow, if adequate, and to charge any excess costs to ,3 the Subdivider. If the Erosion Clean -Up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -Up escrow shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean -Up and Improvements Escrows have been established, the building inspector of the City is authorized to issue a building permit if the applicant is in compliance with all other applicable requirements and ordinances of the City. Section 6. Neighborhood Open Space. The City's neighborhood open space ordinance 14-5K requires the dedication of 0.75 acres of land or payment of a fee in lieu thereof, in connection with the platting of the subdivision. This calculation does not include Outlot B. The neighborhood open space obligation for said Outlot B shall be imposed and determined upon further subdivision thereof. Subdivider hereby agrees to pay the City $42,558.40 in lieu of dedicating land, which fee shall be paid prior to the issuance of building permits for lots within the Subdivision. This fee shall be deposited and administrated according to Section 14-5K of the Iowa City Code of Ordinances, as amended. Section 7. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 5, the City in its discretion may require the Subdivider, or its assigns or successors in interest, to construct and install the Improvements, Facilities, trails and certain sidewalks as required by this Agreement. Section 8. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements, Facilities and those certain trails and sidewalks described above have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such Improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrow, the City shall have a lien and charge against all the lots in the Subdivision for the balance of the cost. After the construction and installation of the Improvements, the City shall refund to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such improvements. Section 9. Waiver. If the Subdivider sells or conveys lots in said Subdivision without constructing or installing the Improvements in Section 1 and/or the Facilities in Section 2; or the Subdivider fails to install and/or repair sidewalks and trails required in Section 4 hereof, the City shall have the right to install and construct said Improvements, Facilities and/or sidewalks. Subdivider acknowledges and agrees that all lots in the Subdivision are specifically benefitted by the Improvements, Facilities and trails so that the cost of the installation shall be a lien and charge against all of the lots in the Subdivision. The cost of Improvements and Facilities need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing/repairing the �3 sidewalks shall be a lien and charge only against the lot or lots abutting or in front of which such sidewalks are to be installed. It is further provided that these requirements to construct the Improvements, Facilities, trails and sidewalks shall remain a lien against the lots in the Subdivision from the date of this Agreement until properly released, as hereinafter provided. Section 10. Improvements and Sidewalk Releases. The City agrees that when the Improvements have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the Subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the Subdivision. Separate sidewalk lien releases shall be issued for individual lots when appropriate. The Mayor and City Clerk, with the concurrence of the City Attorney and City Engineer, are hereby authorized to execute the releases contemplated by this section. This section also authorizes the execution of one or more Limited Release Agreements, based on the use of escrows for improvements as contemplated in Section 5 above, as may be acceptable to the City. Section 11. Storm Water Management Facility Release. With respect to the Owner's obligation to construct the Storm Water Detention Facilities described above, the City agrees to provide a partial release from any liens or clouds on title to the Subdivision by reason of such storm water management obligations, provided the City Engineer certifies that the following conditions and/or events have occurred: 1) The work has been substantially completed on those portions of the development to be released. 2) An escrow account has been established with the City in an amount not less than $5,000 per basin to which the City's lien should attach immediately upon execution or recording of the partial release. 3) Ground cover is established and mowable so that upland area is stable and surface erosion is mitigated. The City agrees to issue a full release of this obligation upon certification by the City Engineer, in writing, that all of the following events and/or conditions have been satisfactorily completed: (a) Permanent ground cover is established and mowable. (b) Erosion and sedimentation are controlled in conformance with the approved plans and specifications. (c) The Facilities are complete. (d) All land within the tributary area in the development has been developed. (e) A topographic survey has been performed and it has been verified in writing to the City by a licensed engineer that the regional detention basin, as constructed, has the required storage capacity. �3 Section 12. Street Maintenance and Public Services. Subdivider agrees that public services, including but not limited to street maintenance, traffic control, snow removal, and solid waste collection, will not be extended to the Subdivision until the concrete streets are installed and accepted by the City. Section 13. Miscellaneous. A. All electrical, telephone and cable television service and distribution lines shall be installed underground. B. Lot A is and will be dedicated to the City for use as right of way. C. Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third -party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. D. The City shall not issue a building permit for any lot in the Subdivision until such time as the Subdivider has paid to the City a water main extension fee in the amount of $16,814.20 ($503.57 per acre multiplied by 33.39 acres) pursuant to the City Code. E. The City shall not issue a building permit for any lot in the Subdivision until such time as the Subdivider have paid to the City a cost sharing fee towards the future reconstruction of American Legion Road in the amount of $194,246.01 (12.5% of the total cost of the street segment adjacent to the development) pursuant to the City Code. G. Outlot C is reserved for and shall be used for the installation of mailboxes for US Postal Service mail distribution within the Subdivision. This Outlot shall be owned and maintained by Subdivider, unless and until transfer of ownership to a homeowners association. H. Those certain lots listed below shall have a Minimum Low Opening (MLO) elevation restriction as noted herewith: [the remainder of the page intentionally left blank] ►3 M MINIMUM LOW OPENING LOT NO. ELEVATION 4 725.80 5 FRONT 735.19 6 FRONT 735.19 6 REAR 725.80 7 725.80 8 725.80 9 725.80 15 735.19 16 735.19 17 735.19 18 735.19 30 752.93 31 752.93 32 752.93 41 735.21 42 735.21 725.80 725.80 725.80 725.80 725,80 725.80 [52REAR 725.80 725.80 735.21 725.80 735.21 725.80 735.21 53 REAR 725.80 54 725.80 55 72580 56 725.80 57 725.80 58 725.80 59 725.80 7 H 1. Outlot B is reserved for future development by Subdivider or its successors or assigns. J. Outlot A shall be owned by Subdivider or by a homeowner's association created to manage the property as private open space and storm water management, subject to the terms and I� conditions of the easements executed contemporaneously herewith. The Subdivider shall be responsible for all initial Improvements and Facilities with said Outlot, final grading and establishing satisfactory ground cover thereon, as well as controlling erosion. K. Any traffic circles constructed within the subdivision shall be maintained by Subdivider or by a homeowners' association. The Subdivider shall be responsible for all initial improvements with said Outlot in accordance with an approved landscaping plan, final grading and establishing plantings as shown on the plans and other satisfactory ground cover thereon, as well as controlling erosion. Regular maintenance of the plantings and ground covering shall be performed by the HOA to ensure that the areas are kept free of visual obstructions, weeds and debris. In the event that the HOA desires to change the landscaping, the HOA shall submit a landscaping plan to the City Engineer for approval prior to installation. L. Lots 2,3, and l 1 shall not have direct access to American Legion Road. Section 13. Binding Effect. This agreement shall inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the Subdivision. Datedthis%�-dayof OWNEWSUBDIVIDER: Allen Development LLC By: 0= Jes# Allen, Manager CITY: By: B Teague, Mayor Approved by: Se _ grnL�e,- 2020 CityAttorney Summit Ridge LLC By. `/— lr� Jess Allen, Manager ATTEST: By. Kellie Fruehling, Cft Clerk 13 STATE OF IOWA ) )ss: JOHNSON COUNTY) This instrument acknowledged before me this � day of 2020, by Jesse Allen as Manager of Allen Development LLC. fEREK P SITTIG ommission Number 778874 My Commis Ion Explree E 7PI� STATE OF IOWA ) )ss: JOHNSON COUNTY) Notary Public This instrument acknowledged before me this S1 sr day of 2020, by Jesse Allen as Manager of Summit Ridge LLC. ,JaW EREKPSITTIG o. Commission Number 736974 My Com ission Expires ow v Jf z=w STATE OF IOWA ) )ss: JOHNSON COUNTY) i-7t�L Notary Pub -Tic This instrument acknowledged before me this t day of Se n:jgj&jee r , 2020, by Bruce Teague and Kellie Fruehling, as the Mayor and City Clerk, respectively, of th Ce ity of Iowa City, Iowa. S Notary Pub i Vemy S. W!-W yy �3 UTILITY EASEMENT AGREEMENT Community View - Part One In consideration of the approval of the Final Plat of Community View — Part One, the undersigned hereby grants to MidAmerican Energy, Centurylink Corporation, MediaCom Iowa, L.L.C., and the City of Iowa City, and their successors, and assigns (hereinafter "Grantees") a perpetual easement upon, over, under, along and across the areas marked upon the Final Plat of Community View — Part One as "15.00 FOOT WIDE UTILITY EASEMENT" and "15.00 FOOT WIDE UTILITY AND SANITARY SEWER EASEMENT" referred to herein as the "Easement Areas." The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purposes of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them, and repair any damages caused by them within the easement area. Grantees shall indemnify Grantor against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Grantor, its successors in interest and assigns, reserve the right to use said Easement Areas for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, fence, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Areas. No permanent dwellings or trees shall be placed on the areas so designated for Utility Easements, but with advance written authorization from the Grantee's Representatives the same may be used for gardens, shrubs, plantings, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted, but such items placed in the Easement Area, with or without City approval, may be removed by the Grantees without compensation or replacement. However, the Grantor shall have the right to construct, repair, and maintain a retaining wall to support the private drive within the Subdivision in accordance with construction plans approved by the City. If the City removes or damages the retaining wall or paving in exercise of rights under this or other easements granted to the City the City shall restore or repair the retaining wall or paving to substantially the same condition in which it existed prior to the work. Dated this/ 9 -day of Se ajfnJ--2-� 2020 OWNER: Allen Development LLC By: af::-- JesiWAllen, Manager Summit Ridge LLC By: 0r Jesse Allen, Manager 13 CITY: By: Bruce -Teague, Mayor Approved by: � it STATE OF IOWA ) )ss: JOHNSON COUNTY) ATTEST: By: J4 " /' -'0 L Kellik Fruehling, "y Clerk This instrument acknowledged before me this 31 Srdayof2020, by Jesse Allen as Manager of Allen Development LLC. K P SI7TIGVERO,, missioNumber 73897 Comissi SIT: EXPVes STATE OF IOWA ) )ss: JOHNSON COUNTY) Z. Notary Public zr This instrument acknowledged before me this 3 day ofc.s i 2020, by Jesse Allen as Manager of Summit Ridge LLC. 1?, Notary Public p=ERC974s �3 STATE OF IOWA ) )ss: JOHNSON COUNTY) This instrument acknowledged before me this I_ day of , 2020, by Bruce Teague and Kellie Fruehling, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. k10 4A� S M a r� #-A Notary Publi WENDY S. MAYER Con -Mesion Number 729426 My Cglnmftion Expires _ ,'3 STORM WATER MANAGEMENT EASEMENT AGREEMENT COMMUNITY VIEW — PART ONE SUBDIVISION, IOWA CITY, IOWA Allen Development LLC and Summit Ridge LLC, hereinafter collectively referred to as "Subdivider" of the real estate described as Community View Subdivision, Iowa City, Iowa, on the approved Final Plat thereof, hereby grants to the City of Iowa City, Iowa an easement for construction, operation and maintenance of stormwater control structures and stormwater management facilities, together with a right of ingress and egress thereto over and across the "STORM WATER MANAGEMENT EASEMENT" as shown upon on the Final Plat of Community View - Part One Subdivision and sometimes referred to herein as the Easement Area. Subdivider grants to the City the following rights in conjunction with the Easement: 1. The right of grading said Easement Area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said Easement Area as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away all trees and brush on said Easement Area, and on either side of the Easement Area, which now or hereafter in the opinion of the City may be a hazard to said facilities or may interfere with the City's rights hereunder in any manner. 3. The City shall indemnify Subdivider against any loss or damage which shall be caused by the negligent exercise of any ingress or egress, construction, use or maintenance by the City or its agents or employees in the course of their employment. 4. Subdivider reserves the right to use the Easement Area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted, provided that the Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said Easement Area. Any such improvement installed within the easement area, with or without City approval, may be removed by the City without compensation or replacement. 5. Subdivider shall maintain the area within the Easement Area free from weeds and debris and shall in no event fill or prevent the storm water management facilities to be filled in, and Subdivider agree to maintain its land so as to minimize erosion in and around the Easement Area. 6. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. 7. After completion of the stone water management facility, Subdivider, its successors and assigns shall thereafter maintain the facilities and Easement Area. The maintenance shall include maintaining and mowing the ground cover and keeping it free of debris. The City shall have no obligation for maintenance of the facilities or the Easement Area. This obligation for maintenance will be transferred and become the obligation of the Homeowners Association formed in part for this purpose. 8. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. �3 Dated this S; day of �-CryJ--;;,e - 2020 SUBDIVIDER: Allen Development LLC Summit Ridge LLC By: %—�— Jess Allen, Manager :y0 WO By: I Bruce Teague, Mayor Approved by: City Attorn 171P4� </}mr'=} STATE OF IOWA ) )ss: JOHNSON COUNTY) By: & "O-� Jess6 Allen, Manager ATTEST: By: &,(,- 4g&—, Kel ie Fruehling, Pity Clerk This instrument acknowledged before me this 31 day of A14,j ws L 2020, by Jesse Allen as Manager of Allen Development LLC. isW r J EREK P S"' NO C Commission Number 736974 My Com fission Expires OIJ �3 STATE OF IOWA ) )ss: JOHNSON COUNTY) This instrument acknowledged before me this 3Lt-day of r. 2020, by Jesse Allen as Manager of Summit Ridge LLC. O oIGEREK P SefcommissionNR 897 47imMy s STATE OF IOWA ) )ss: JOHNSON COUNTY) Notary Public This instrument acknowledged before me this J_ day of Ser , 2020, by Bruce Teague and Kellie Fruehling, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. L Cow(dow Number 729428 My Cor�rdT E=Wrae 1"3 SANITARY SEWER AGREEMENT Community View - Part One THIS AGREEMENT, made and entered into by and between The Allen Development LLC and Summit Ridge LLC (Subdivider), which expression shall include successors in interest and assigns, and the City of Iowa City, Iowa (Iowa City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "30.00 FOOT WIDE SANITARY SEWER EASEMENT', "35.00 FOOT WIDE SANITARY SEWER, STORM SEWER AND DRAINAGE EASEMENT", "15.00 FOOT WIDE UTILITY AND SANITARY SEWER EASEMENT", and "40.00 FOOT WIDE SANITARY SEWER EASEMENT' on the Final Plat of Community View - Part One, Iowa City, Iowa, hereafter described as "Easement Areas." Subdivider further grants to the City: 1. The right of grading said Easement Areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Areas to such extent as the City may fmd reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said Easement Areas and also to trim, cut down and clear away any trees on either side of said Easement Areas which now or hereafter in the opinion of the City may be a hazard to said Easement Areas, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Subdivider reserves the right to use said Easement Areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Areas. Any such improvement installed within the easement area, with or without City approval, may be removed by the City without compensation or replacement. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any thereof. �3 Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this �S;V day ofjytr 2020 fCIfJ: 7[iI111��1 Allen Development LLC By: Jesse Mlen, Manager CITY: cam' By: / Bruce Teague, May Approved by: City Attorney STATE OF IOWA ) )ss: JOHNSON COUNTY) Summit Ridge LLC By: -- Jess len Manager ATTEST: By: _,41r:0 *gjldaz� Kelli Fruehling, Ci Clerk This instrument acknowledged before me this 3(_ day of ALac f' 2020, by Jesse Allen as Manager of Allen Development LLC. s► EREK P SIT r'G Notary Public o Commission Number 736971 My Commission ExPiro$ aw X. l� STATE OF IOWA ) )ss: JOHNSON COUNTY) sr This instrument acknowledged before me this 3 t day of s f— 2020, by Jesse Allen as Manager of Summit Ridge LLC. via STATE OF IOWA ) )ss: JOHNSON COUNTY) Notary Public ` This instrument acknowledged before me this I day of SsAemj"4� , 2020, by Bruce Teague and Kellie Fruebling, as the Mayor and City Clerk, respectiv'ely, of the City of Iowa City, Iowa. 72"No 0 kcWW" VMNDY S. l� STORM SEWER AND DRAINAGE EASEMENT AGREEMENT COMMUNITY VIEW - PART ONE, IOWA CITY, IOWA THIS AGREEMENT is made and entered into by and between Allen Development LLC and Summit Ridge LLC ("Subdivider"), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa ("the City"), which expression shall include its Successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm sewer lines, pipes, mains, conduits and drainage ways as the City shall from time to time elect for conveying storm water with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto over and across those areas designated as "20.00 FOOT WIDE STORM SEWER AND DRAINAGE EASEMENT", "15.00 FOOT WIDE STORM SEWER AND DRAINAGE EASEMENT (CENTERED)", "20.00 FOOT WIDE DRAINAGE EASEMENT", "20.00 FOOT WIDE STORM SEWER EASEMENT", "35.00 FOOT WIDE SANITARY SEWER, STORM SEWER AND DRAINAGE EASEMENT", "15.00 FOOT WIDE DEAINAGE EASEMENT (CENTERED)", and "30.00 FOOT WIDE STORM SEWER AND DRAINAGE EASEMENT" on the Final Plat of said subdivision herein described as the "Easement Areas." Subdivider further grants to the City: 1. The right of grading said Easement Areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said Easement Areas, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said Easement Areas or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Areas. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the Easement Areas. 4. Subdivider reserves the right to use said Easement Areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Areas. Any improvements installed within the easement area, with or without the approval of the City, may be removed by the City without compensation or replacement. 5. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of 1'� the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. 6. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement(s) at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. 7. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this X day of �e ens r 2020 SUBDIVIDER: Allen Development LLC By: ( {��— Jesse len, Manager CITY: By: r Bruce Teague, Mayor Approved by: "City Atto ey ? Summit Ridge LLC By: L A� J e Allen, Manager ATTEST: By: Jz L Kelli6 Fruchling, Ci Clerk 1� STATE OF IOWA ) )ss: JOHNSON COUNTY) This instrument acknowledged before me this 3/Wday of Au,&& 2020, by Jesse Allen as Manager of Allen Development LLC. EREK P SRTIG Canmissbmiss oneExpi ee 4 �. My v OS t4J STATE OF IOWA ) )ss: JOHNSON COUNTY) Notary Public `SI' This instrument acknowledged before me this �2day of Aw 2020, by Jesse Allen as Manager of Summit Ridge LLC. EREK P SI771G Commieslon Number 738974 My commlceio EONS STATE OF IOWA ) )ss: JOHNSON COUNTY) te — Notary Public This instrument acknowledged before me this L day of fQ-�, 2020, by Bruce Teague and Kellie Fruehling, as the Mayor and City Clerk, respec�ely, of the City of Iowa City, Iowa. .I .. • .n i NOY5- WERNu 729428 -s Y PUBLIC ACCESS EASEMENT COMMUNITY VIEW - PART ONE SUBDIVISION IOWA CITY, IOWA For the sum of One Dollar and other valuable consideration, the undersigned Owner hereby grants to the public a perpetual easement upon, over, along, and across the areas designated as "15.00 FOOT WIDE PUBLIC ACCES EASEMENT" on the final plat for Community View - Part One Subdivision, Iowa City, Iowa. This easement grants the public a means of pedestrian ingress, egress, and passage over the easement areas. This easement further grants to the City of Iowa City a means of ingress, egress, and passage for its service vehicles over the access easement area. The City shall have no responsibility for maintaining the easement areas. Owner shall not erect or construct any structure, building, fence, reservoir, retaining wall, or other obstruction in the easement area, and shall not park motor vehicles in a manner which obstructs the functioning of the easement or otherwise obstruct the functioning of the easement. If the City removes or damages the paving in exercise of rights under this or other easements granted to the City the City shall restore or repair the paving to substantially the same condition in which it existed prior to the work. Owner hereby covenants that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. Dated this 16t - day of2020 Allen Development LLC By: J e Allen, Manager Summit Ridge LLC By: Jess len, Manager �3 CITY: ATTEST: � By: � By. Bruce Teague, Mayor Kellie Fruehling, i Clerk Approved by: �s-�ZnHr�vs/�t�►sr�,� City Attom�y STATE OF IOWA ) )ss: JOHNSON COUNTY) This instrument acknowledged before me this 31 day of ,;,,5 (- 2020, by Jesse Allen as Manager of Allen Development LLC. EREK P SITTIG Commissbn Number 739974 My miul o Espires iow v cer tv3-- STATE OF IOWA ) )ss: JOHNSON COUNTY) Notary Public This instrument acknowledged before me this 31 s.- day of_� yri- 12020, by Jesse Allen as Manager of Summit Ridge LLC. I�IX EREK P SITTIG Notary Put ic Commission Number 736974 My Commi n Expires ow o o' L -� STATE OF IOWA ) )ss: JOHNSON COUNTY) This instrument acknowledged before me this j_ day of So 2020, by Bruce Teague and Kellie Fruehling, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. 5 0. Notary Publickx, cp,M"yyENDY S. MpT ,on N' m,M 729428 Vy Cp(nRl,sion Exp,,es 6 OWNER'S CERTIFICATE The undersigned, Allen Development LLC and Summit Ridge LLC, request approval of the subdivision known as Community View — Part One, said subdivision shown on the final plat thereof, to which this document is attached, and a subdivision of the following described property: A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the West Quarter Comer 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, 60.22 feet, to the POINT OF BEGINNING; Thence continuing N00°33'49"E, along said East Line, 449.58 feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel I 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 756.10 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, 1829.12 feet, to the Northeast Corner of the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 6025 at Pages 33-34 of the Records of the Johnson County Recorder's Office; Thence N89°30'17"E, along the North Line of said Conveyed Parcel, and the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 6025 at Pages 21-22 of the Records of the Johnson County Recorder's Office, 1167.80 feet, to the Point of Beginning. Said Community View \3 - Part One contains 33.39 Acres, and is subject to easements and restrictions of record. The undersigned further states that this subdivision is made with the free consent and in accordance with the desire of Allen Development LLC and Summit Ridge LLC, owners of the land included within the subdivision. The streets and easements, including Lot A, are hereby dedicated to the public as provided for by Section 354.19 of the Code of Iowa (2020). Dated as of this � day of /-rtr12020. Allen Development LLC By: `/= 2� J/Sse Allen, Manager Summit Ridge LLC By: ' Jesge Allen, Manager STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the Jyday ofwr�, 2020, by Jesse Allen as Manager of Allen Development LLC. EREK P SI17IG `d z° L Commission Number 736474 Notary Public in and for the State of Iowa My Commission Expires ow o of �'b STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of , 2020, by Jesse Allen as Manager of Summit Ridge LLC. (5, F TL EREK P SITkG Notary Public in and for the State of Iowa o Commission Romb974 My Com esor �'6 CERTIFICATE OF COUNTY AUDITOR APPROVAL OF SUBDIVISION NAME I, Travis Weipert, Johnson County Auditor, approve the name Community View — Part One with reference to the property described below as of the date of this certificate. A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, 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 N00133'49"E, along the East Line of said Eastbrook Flats Addition, 60.22 feet, to the POINT OF BEGINNING; Thence continuing N00°33'49"E, along said East Line, 449.58 feet, to the Northeast Comer 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 S89126'59"E, along said South Line, 373.32 feet, to the Southeast Corner thereof; Thence NOl °31'04"W, along the East Line of said Parcel 1, a distance of 756.10 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 Comer 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, 1829.12 feet, to the Northeast Comer of the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 6025 at Pages 33-34 of the Records of the Johnson County Recorder's Office; Thence N89°30'17"E, along the North Line of said Conveyed Parcel, and the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 6025 at Pages 21-22 of the Records of the Johnson County Recorder's Office, 1167.80 feet, to the Point of Beginning. Said Community View - Part One contains 33.39 Acres, and is subject to easements and restrictions of record. Dated as of this L day of u u u V- 2020. Travis Weipert County Auditor By: — Ark Ao f(2 r Deputy \�2 CERTIFICATE OF COUNTY TREASURER I, Thomas L. Kriz, Johnson County Treasurer, certify that all real estate taxes and special assessments have been paid with reference to the property described below as of the date of this certificate. A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, 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, 60.22 feet, to the POINT OF BEGINNING; Thence continuing N00°33'49"E, along said East Line, 449.58 feet, to the Northeast Comer 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 NOl°31'04"W, along the East Line of said Parcel 1, a distance of 756.10 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, 1829.12 feet, to the Northeast Corner of the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 6025 at Pages 33-34 of the Records of the Johnson County Recorder's Office; Thence N89°30'17"E, along the North Line of said Conveyed Parcel, and the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 6025 at Pages 21-22 of the Records of the Johnson County Recorder's Office, 1167.80 feet, to the Point of Beginning. Said Community View - Part One contains 33.39 Acres, and is subject to easements and restrictions of record. l� Dated as of this I day of SeO2 ti� QP 2020. Thomas L. Kriz, County Treasurer 0 Parcel #: 0918251003 0918251001 Deputy �3 Prepared by and return to: Erek P. Sittie 123 N Linn St Ste 300 Iowa City, IA 52245 (319)-354- 0331 TEMPORARY CONSTRUCTION EASEMENT This AGREEMENT is made and entered into by and between the City of Iowa City, Iowa, hereinafter referred to as "Owner", and Allen Development LLC and Summit Ridge LLC, hereinafter collectively referred to as "Developers" which expression shall include successor; in interest and assigns of the respective parties. In consideration of One Dollar and other valuable consideration, Owner and Developers agree as follows: 1. As of the date of this Agreement, Owner is the owner of certain real estate which includes the area described in the Easement Plat attached hereto. Owner is lawfully seized and possessed of that real estate and has good and lawful right to convey an interest in that real estate. 2. Developers filed with the City of Iowa City, for consideration and approval, a Final Plat for Community View Subdivision - Part One, hereinafter referred to as "the Subdivision. 3. To enable Developers to complete certainpublic improvements in the Subdivision, Owner grants a temporary construction easement to Developers in, over, and across the area described in the Easement Plat attached hereto, sometimes referred to herein as the "Easement Area", for the purpose of facilitating construction of improvements within the Subdivision. This grant shall include necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to and over the Easement Areas, as needed to complete the improvements. 4. The term of this Temporary Construction Easement will be for the period of time required to complete the public improvements in the Subdivision. The Temporary Construction Easement shall expire the earlier of completion of the improvements for the Subdivision, or December 31, 2022. With respect to the Easement Areas, Owner grants to Developers the rights: a. to trim or remove all trees and brush which may interfere with the exercise of easement rights pursuant to this Temporary Construction Easement; and V� b. to grade as is reasonably necessary for the improvements, which shall generally be in accordance with the grading plan approved by the City of Iowa City, Iowa. C. excavating for and installing storm sewer as shown on the construction drawings approved by the City. 6. Developers shall leave the easement area finish graded and seeded at the conclusion of any work in the easement area with erosion control in place. 7. Developers shall indemnify and hold Owner harmless against claims of injury to persons or the property arising out of Developers' use of the Easement Areas. 8. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, shall be deemed a covenant which runs with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's Office. Dated asof the I St day of 2020 CITY OF IOWA CITY, IOWA By: / Br&e Teague, Mayor STATE OF IOWA ) )SS: JOHNSON COUNTY ) r►v rag This instrument acknowledged before me this J_ day of S�, 2020, by Bruce Teague and Kellie Fruehling, as Mayor and City Clerk, respectively, oft e City of Iowa City, Iowa. Notary PublW or the State o Iowa WENDY S. MA ER CpmiNWonrt�Nu 6 729428 'r1y,C°`iS as re` �3 ALLEN DEVELOPMENT LLC By: Jes(Alle>3 Manager STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this 31 day of 2020, by Jesse Allen, Manager of Allen Development LLC. W EREK P SITTIG Commission P PITT 738971 My COM ��� �°' Notary Public for the State of Iowa SUMMIT RIDGE LLC ��� By: Je Allen, Manager STATE OF IOWA ) )ss: JOHNSON COUNTY ) sY This instrument acknowledged before me this 31day of 2020, by Jesse Allen, Manager of Summit Ridge LLC. EREK P SIITIG Notary Public for the State of Iowa oCommissbn NombeE3es74 My _0 miSS 0 0 1� FOR COUNTY RECORDER'S USE / N31'10'00"E �� 40.00' ! / \ \S8$ I \ \\00\ \ 7ja7s \ \ \007' PARCEL I "s8' RALSTON CREEK SOUTH PROPERTY S000� ACOMMON N AC66WNI,E WIRE THE RAT THERELP RE66R9-D N RAT COOK 19 AT PACE B4 OF TI -E RECORDS OF TW Mtr- N COLMY RECORDER'S OFFICE wl I, 40.00 FOOT WIDE �d TEMPORARY CONSTRUCTION I �.Da' EASEMENT Z I 375 F 0.Cw NI I w w u m f I to POINT OF POINT OF I I COMMENCEMENT BEGINNING I I tl I 95//��� I i 20 i�-y5V7 S6�.g3 N89'26'59'W LOCATION: REQUESTED BY: A PORTION OF PARCEL 1 OF THE "RALSTON CREEK SOUTH PROPERTY ACQUISITION' BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST ALLEN DEVELOPMENT, LLC. P.O. BOX 3474 IOWA CITY, IOWA 52244 QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, PROPRIETOR OR OWNER: CITY OF IOWA CITY JOHNSON COUNTY, IOWA �_ 410 EAST WASHINGTON STREET `a0` IOWA CITY, IOWA 52240-1826 LAND SURVEYOR: DATE OF SURVEY: GLEN D. MEISNER P.L.S MMS CONSULTANTS INC. 06-10-2020 DOCUMENT RETURN INFORMATION: 1917 SOUTH GIL13ERT STREET IOWA CITY, IOWA, 52240 LAND SURVEYOR PHONE: 319-351-8282 D 10 25 50 75 0 GRAPHIC SCALE IN FEET 1'=100' PROPOSED OOMM UNry MEW PART ONE L� N I] D HUUR j �S89'26'59"E FLATS 35.,6 PROPOSED COMMMNNY MEM'ln o PART ONE ADOMN IN ALOCRDAWE WITH TIE I RAT THEREOF FE66RPEP N I _ ------ --------- PLAT DOCK sa AT PACE w J � R�ERS I EASTO H00K 87G3C ET GffIC i EASEMENT PLAT TEMPORARY CONSTRUCTION IOWA CITY, JOHNSON COUNTY, IOWA LEGEND ANS NOTES - PROPERTY &/or BOUNDARY LINES - CONGRESSIONAL SECTION LINES --"---------- RIGHT-OF-WAY LINES - CENTER LINES - LOT LINES, INTERNAL - LOT LINES, PLATTED OR BY DEED — — — — — — — — - EASEMENT LINES, WDTH & PURPOSE NOTED --------------- EXISTING EASEMENT LINES, PURPOSE NOTED UNLESS NOTED OTHERNISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS DESCRIPTION - 40.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT A PORTION OF PARCEL 1 OF THE "RALSTON CREEK SOUTH PROPERTY ACQUISITION" BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Northeast 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 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, 35.16 feet, to the Point of Beginning; Thence N67043'35"E, 295.66 feet; Thence N01 °32'35"W, 340.32 feet; Thence N58050'00"W, 178.16 feet; Thence N31°10'00"E, 40.00 feet; Thence S58050'00"E, 200.01 feet; Thence S01 °32'35"E, 389.80 feet; Thence S67043'35"W, 228.25 feet, to a Point on the South Line of said Parcel 1; Thence N89°26'59"E, along said South Line, 103.12 feet, to the Point of Beginning. Said 40.00 foot wide Temporary Construction Easement contains 0.75 Acres, and is subject to easements and restrictions of record. I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that 1 am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. GLEN=y -20— GLEN D. MEISNER D."=_r`„=_ P.L.S. Iowa Lie. No. 8165 MEISNER �_ My license renewal date is December 31, 20 L `a0` SEAL Pages or sheets covered by this seal: M S' 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 08-20-2020 PER GDM REVIEW - RLW EASEMENT PLAT TEMPORARY CONSTRUCTION IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Date: 08-19-2020 Designed N. I Field Book No. Drawl by: I Scale: RLW 1"=100' Checked by: 1 Sheet No. Project No: IC 7596-105 of: 111 ATTORNEY'S TITLE OPINION Re: Community View Subdivision located in Iowa City, Johnson County, Iowa, and legally described as follows: A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, 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, 60.22 feet, to the POINT OF BEGINNING; Thence continuing N00°33'49"E, along said East Line, 449.58 feet, to the Northeast Comer 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 NOl°31'04"W, along the East Line of said Parcel 1, a distance of 756.10 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, 1829.12 feet, to the Northeast Comer of the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 6025 at Pages 33-34 of the Records of the Johnson County Recorder's Office; Thence N89°30'17"E, along the North Line of said Conveyed Parcel, and the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 6025 at Pages 21-22 of the Records of the Johnson County Recorder's Office, 1167.80 feet, to the Point of Beginning. Said Community View - Part One contains 33.39 Acres, and is subject to easements and restrictions of record. I, Erek P. Sittig, state that I am a practicing attorney in the State of Iowa and that I have examined a complete abstract of title to the above-described property. The abstract of title has been continued to August 31, 2020, and as of that date the abstract shows that fee title to the above- described property is in Allen Development LLC and Summit Ridge LLC. I further certify that, except as may be stated above, the property is encumbered by the 1� following: Mortgage in favor of Hills Bank and Trust Company recorded June 22, 2018, in Book 5802, Page 732 Mortgage in favor of Hills Bank and Trust Company recorded January 21, 2020, in Book 6001, Page 863 Affordable Housing Pre -Annexation Agreement with City of Iowa City recorded March 30, 2020, in Book 6021, Page 535 Dated as of this 10 day of � �W 2020. Erek P. Sittig \t'� MORTGAGEE CONSENT TO SUBDIVISION COMMUNITY VIEW — PART ONE IOWA CITY, IOWA Hills Bank and Trust Company holds mortgages recorded June 22, 2018, at Book 5802, Page 732, and January 21, 2020, at Book 6001, Page 863, in the records of the Recorder of Johnson County, encumbering the property described below included within Community View — Part One: A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, 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 NOO°33'49"E, along the East Line of said Eastbrook Flats Addition, 60.22 feet, to the POINT OF BEGINNING; Thence continuing N00°33'49"E, along said East Line, 449.58 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 NO °31'04"W, along the East Line of said Parcel 1, a distance of 756.10 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, 1829.12 feet, to the Northeast Corner of the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 6025 at Pages 33-34 of the Records of the Johnson County Recorder's Office; Thence N89°30'17"E, along the North Line of said Conveyed Parcel, and the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 6025 at Pages 21-22 of the Records of the Johnson County Recorder's Office, 1167.80 feet, to the Point of Beginning. Said Community View - Part One contains 33.39 Acres, and is subject to easements and restrictions of record. 1?� Hills Bank and Trust Company consents to the subdivision of the above-described property into Community View — Part One and hereby releases any and all liens in favor of the Bank against those portions of the property dedicated to the public. Dated as of this 1�_ day of September, 2020. Hills Bank and By: Tim Smith,! Commercial STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the P"' day of September, 2020, by Tim Smith, as Senior Vice President, Commercial Banking, of Hills Bank and Trust Company, Notary Public in aAd for said State CINDY MILLEN _�. �` Commission�Naumber737591 • ow.' MY�T-miiYr? l� ii►►i►►ilii►i►iiiuii►lli►iii►i►ilii►►ililiiuiii►►i►iii►i►►iiil Doe ID: 027842510016 Type: GEN Kind: RESOLUTION Recorded: 09/22/2020 at 10:54:19 AM Fee Amt: $82.00 Pape 1 of 18 Johnson County Iowa Kim Painter County Recorder 6109 Pa869-884 STATE OF IOWA ) ) SS JOHNSON COUNTY ) 1r 1 —0— = �r � 0-ty Of F,EF %54 C � I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 20-227 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of September 2020, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 17th day of September 2020. I100 C"'. Kellie K. Fruehling City Clerk fires 410 EAST WASHINGTON STREET a IOWA CITY, IOWA 52240-1826 a (319) 356-5000 a FAX (319) 356-5009 Prepared by: Sara Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 3565030 RESOLUTION NO. 20-227 Resolution authorizing the Mayor to sign and the City Clerk to attest an amendment to sanitary sewer easement agreements associated with the Kwik Trip, Inc. site plan in the Braverman Center Subdivision. Whereas, Kwik Trip, Inc. ("Applicant") submitted a site plan for development of a convenience store to be located at the corner of Hollywood Blvd. and Keokuk Street in Iowa City, Iowa, which has been platted and developed as three separate lots, with easements dedicated and the infrastructure installed to provide sanitary sewer accordingly; Whereas, Applicant, contract buyer of the encumbered land, on behalf of Owners, has requested that the City amend the sanitary sewer easement agreements to modify the location of the easement area; and Whereas, the existing sewer mains will be abandoned upon redevelopment and a new sewer main installed, thus ensuring continued sanitary sewer service to the development; Whereas, City staff has reviewed the request and recommends approval; and Whereas, the execution of said easement amendment is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City does hereby approve the amended easement agreement, as set forth in the attached Amendment to Sanitary Sewer Easement Agreement. 2. The Mayor is hereby authorized to sign and the City Clerk to attest said amendment. 3. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above -referenced amended easement agreement in the Johnson County Recorder's Office at the expense of Applicant. Passed and approved this 15th day of September 2020. Tin, A MA)(OR 0 ATTEST: APPROVED BY: J4 ta) f�c� CITY CLERK City Attorney's Office/�Y 2 14 Resolution No. Page 2 20-227 It was moved by Thomas and seconded by Taylor the Resolution be adopted, and upon roll call there were: AYES: NAYS FA-MOU Bergus Mims Salih Taylor Teague Thomas Weiner 1'h Amendment to Sanitary Sewer Easement Agreements This Amendment is entered into on this !.S day of September, 2020, by and among the City of Iowa City, Iowa, a municipal corporation, (hereinafter 'the City"), Matt Guran by Tim B. Kuiken, Attorney in fact for Matt Guran, as President of Royal Midwest, Inc., an Iowa Corporation, Randall R. Cole and Christine I. Cole, husband and wife as joint tenants with full right of survivorship as to an undivided 2/3 interest and Nancy K. Hebl and Scott E. Hebl, wife and husband, as joint tenants with full rights of survivorship as to an undivided 1/3 interest, and Suburban Gas and Oil, LLC, an Iowa limited liability company (hereinafter collectively referred to as "Owners") and Kwik Trip, Inc., a Wisconsin corporation (hereinafter "Applicant'). Whereas, Applicant desires to redevelop the following properties described as follows: Lot 1, in Block 4, in Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 7, Page 21, Plat Records of Johnson County, Iowa, except therefrom the following described property: Commencing at the northwest corner of said Lot 1, thence easterly along the north line of said Lot 1, a distance of 20 feet, thence southerly parallel to the west line of said Lot 1, a distance of 40 feet, thence westerly parallel to the north line of said Lot 1, a distance of 20 feet, thence northerly along the west line of said Lot 1, to the point of beginning; Lot 2, Block 4, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 7, Page 21, Plat Records of Johnson County, Iowa; Tract designated "Kon Plat of Survey recorded May 19, 1965, in Plat Book 7, Page 9, Plat Records of Johnson County, Iowa, said Tract "A" being situated in the SEI/4 of the SEI/4 of Section 15, Township 79 North, Range 6 West of the 5th P.M. and Commencing at the Northwest comer of Lot 1 in Block 4, Braverman Center, according to the plat thereof recorded in Plat Book 7, Page 21, Plat Records of Johnson County, Iowa, thence Easterly along the North line of said Lot 1, a distance of 20 feet; thence Southerly parallel to the west line of said Lot 1, a distance of 40 feet, thence Westerly parallel to the North line of said Lot 1, a distance of 20 feet, thence Northerly along the West line of said Lot 1, to the point of beginning Whereas, said lots are encumbered by numerous sanitary sewer easements that Applicant desires to relocate or expand to accommodate its redevelopment plans; and Whereas, namely, there are existing public sanitary sewer mains within the easement areas described in the sanitary sewer easement agreements recorded in Book 412, page 128 and Book 212, Page 616 of the Johnson County, Iowa Recorder's Office; Whereas, there is a sanitary sewer easement shown on Plat Book 7, Page 9; and Whereas, there is a sanitary sewer easement shown on Plat Book 7, page 21; and Whereas, Owners and City now wish to amend the above-described agreements to accommodate the decommissioning of the existing sanitary sewer mains and construction of new sanitary sewer mains and to clarify the rights and responsibilities of the various parties as they relate to said sanitary sewer. NLS Now, therefore, the parties hereto agree to amend the above-described easements as follows: 1. Owners hereby grant and convey to the City a sanitary sewer easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas indicated as "Sanitary Sewer Easement" on the attached Easement Plat, hereinafter described as a "Sanitary Sewer Easement". 2. Owner further grants to the City: a. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easements area, to such extent as the City may find reasonably necessary. Any grading into and onto said lands along and outside the easement area shall be done in a manner that will not unreasonably interfere with Owner's use of its property, and access thereto, outside the easement area. b. The right from time to time to trim, to cut down and clear away any and all trees and brush on said easement areas, and also to trim, out down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The City shall promptly backfill any trench made by it, and repair any damages caused by the City and restore the area to its condition prior. The City shall indemnify Owner against liability, unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City or by its agents or employees in the course of their employment. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. 4. Owners reserve the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said easement areas, except for storm sewer, light poles, electric lines and landscaping. Any such improvement installed within the easement area, with or without City approval, may be removed by the City without compensation or replacement. 5. Owners do hereby covenant with the City that they are lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. 6. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owners be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owners until completion by Owner, and until acceptance by the City, as provided by law. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Iq 8. To the extent that the easement agreements and plats encumber: Lot 1, in Block 4, in Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 7, Page 21, Plat Records of Johnson County, Iowa, except therefrom the following described property: Commencing at the northwest corner of said Lot 1, thence easterly along the north line of said Lot 1, a distance of 20 feet, thence southerly parallel to the west line of said Lot 1, a distance of 40 feet, thence westerly parallel to the north line of said Lot 1, a distance of 20 feet, thence northerly along the west line of said Lot 1, to the point of beginning; Lot 2, Block 4, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 7, Page 21, Plat Records of Johnson County, Iowa; Tract designated "A" on Plat of Survey recorded May 19, 1965, in Plat Book 7, Page 9, Plat Records of Johnson County, Iowa, said Tract "A" being situated in the SE% of the SE% of Section 15, Township 79 North, Range 6 West of the 5th P.M. and Commencing at the Northwest corner of Lot 1 in Block 4, Braverman Center, according to the plat thereof recorded in Plat Book 7, Page 21, Plat Records of Johnson County, Iowa, thence Easterly along the North line of said Lot 1, a distance of 20 feet; thence Southerly parallel to the west line of said Lot 1, a distance of 40 feet, thence Westerly parallel to the North line of said Lot 1, a distance of 20 feet, thence Northerly along the West line of said Lot 1, to the point of beginning, the City does hereby vacate and release any right, title or interest in those easements that may have been created thereby. 9. The City further disclaims any right, title or interest in the private easement agreement executed by and between Archie Kodros and Southgate Development Company, Inc. recorded in Book 230, Page 352 of the Johnson County, Iowa Recorder, that may have been created by the Agreement regarding an Existing Sanitary Sewer Easement recorded in Book 4582, Page 908. 10. By signing below, Applicant, who is the contract buyer of the real estate, hereby gives its consent and approval to this amended sanitary sewer easement agreement and acknowledges that it will be bound hereto in the event that it acquires the real estate. Dated this L5 day of15enT, 2020 CITY- §r6de Teague, Mayor ATTEST:` i Ke ; llib K. Fruehling, ity Clerk Approved by: \ City Attorney Office OWNERS: By: Matt Guran by Tim B. Kuiken, Attorney in fact for Matt Guran, as President of Royal Midwest, Inc., an Iowa Corporation RaII R. le 71,E 4, c Christine I. Cole \A �� �, lrr Nancy K. ebl cott E. Hebl By: Suburban Gas and Oil, L.L.C. APPLICANT: By: Kwik Trip, Inc. STATE OF IOWA, COUNTY OF JOHNSON) ss: T tis in trume was acknowledged before me of this Oh day of 2020, by Bruce Teague and Kellie Fruehling as Mayor and City Clerk, respect vely, of the City of Iowa City. ��a11�s :HR TINEOLNEY z� Cn Number 806232 mission Expires OV A OWNERS ACKNOWLEDGEMENTS ,,,,and STATE OF COUNTY OF ljj-&,2 — Notary Public In and Fort State of Iowa This instrument was acknowledged before me of this 2020, by (NAME) as Midwest, Inc. ss: day of _ (TITLE) of Royal Notary Public In and For the State of STATE OF COUNTY OF ) ss: 1q This instrument was 2020, by Randall R Cole. �+ JASON STAATS CommleNon Number 753326 I MWMY Ju4Mrrftel un Expires IsL STATE OF td -LY- , COUNTY OF 1 t day of ' For the State of J& ss: i This instrument was acknowledged before me of this t ( da 2020, by Christine I. Cole. oa' r s� JASON STARTS '�CommiselonNumber753326 �" My Commlesion Expires °W June 18, 2023 tary P lic In and For the State of STATE OF IC 0A' COUNTY OF ✓ ) ss: This instrument was acknowledged 2020, by Nancy K. Hebl. JASON STAATS =AN F Commission Number 753326 My Commission Expires June 18, 2023 STATE OF , COUNTY OF This instrument was 2020, by Scott E. Hebl. �m JASON STARTS Comml9slon Number 753326 My Commission Expires "' June'18, 2023 STATE OF COUNTY OF This instrument was a 2020, by (NAME) L.L.C. i this � day n and For the State of ) ss: this 14 day 11—i Publij In and For the State of A ss: before me of this _ day of (TITLE) of Suburban Gas and Oil, 0 Scott E. Hebl By: ,5�66rban Gas and Oil, L.L.C. APPLICANT: By: 61 jb;rgey Kwik Trip, Inc. STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me of this day of , 2020, by Bruce Teague and Kellie Fruehling as respectively, of the City of Iowa City. OWNERS ACKNOWLEDGEMENTS ,,,,and STATE OF COUNTY This instrument was 2020, by Midwest, Inc. STATE OF This 2020, by R2 as and City Clerk, Notary P0 fic In and For the State of Iowa ss: before me of this day of (TITLE) of Royal Notary Public In and For the State of COUNTY OF rument was acknowledged before me of this II R Cole. ss: day of In and For the State of STATE OF , COUNT-fOF ) ss: APPLICANT'S ACKNOWLEDGEMENT STATE OF WIS OWd , COUNTY OF (,#cWfE ) ss: Th is instrument was acknowledged before me of this II day -of �EPjFMfjFa2 , 2020, byJ6LFV J. (NAME) as _�(,Fp'7" DI' KWIY (TITLE) of Kwik Trip, Inc.. v/RpWL Telp, /W- ,``.`�`q,,, til-/L1G>!iJ ItaY p4@1�/ otary P lic In and For the State of Wl WENDY A. in i BANASIK Z2 0 Nancy K. Hebl Scott E. Hebl By: Suburb n Gas and Oil, L.L.C. APPLICANT: By: Kwik Trip, Inc. STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me of this , 2020, by Bruce Teague and Kellie respectively, of the City of Iowa City. OWNERS ACKNOWLEDGEMENTS ,,,,and STATE OF This instrument was , 2020, by Midwest, Inc. as OF of as Mayor and City Clerk, ry Public In and For the State of Iowa before me of this ss: day of _ (TITLE) of Royal Notary Public In and For the State of STATE OF / COUNTY OF ) ss: M This instrument was acknowledged before me of this day of 2020, by Randall R Cole. Notary Public In as For the State of STATE OF COUNTY OF / ) ss: This instrument was acknowledged before me of th' day of 2020, by Christine I. Cole. Notary Public In and For the State of STATE OF COUNTY F ) ss: This instrument was 2020, by Nancy K. Hebl. STATE OF before me of this day of Notary Public In and For the State of COUNTY OF _ ) ss: This inst ent was acknowledged before me of this day of 2020, by Scott V. Hebl. Notary Public In and For the State of STATE OF �.CDlje A , COUNTY OF 30 t-( (`IZ-ACkf ) ss: This instrLiment was acknowledged before me of this t `'t' � `day of QQM MI C 2020, b t@ `-NAME) as VA jvjQk-r— ffITLE)) of Suburban Gas and Oil, L.L.C. *M9 REYr 876942Fires2 STATE OF STATE OF Notary Public In and For the COUNTY OF APPLICANT'S ACKNOWLEDGEMENT COUNTY OF This instrument was acknowledged before me of , 2020, by (NAMEy of Kwik Trip, Inc.. ss: ss: day of of o19—Ina( (TITLE) Notary Public In and For the State of \%A 8. To the extent that the easement agreements and plats encumber: Lot 1, in Block 4, in Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 7, Page 21, Plat Records of Johnson County, Iowa, except therefrom the following described property: Commencing at the northwest comer of said Lot 1, thence easterly along the north line of said Lot 1, a distance of 20 feet, thence southerly parallel to the west line of said Lot 1, a distance of 40 feet, thence westerly parallel to the north line of said Lot 1, a distance of 20 feet, thence northerly along the west line of said Lot 1, to the point of beginning; Lot 2, Block 4, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 7, Page 21, Plat Records of Johnson County, Iowa; Tract designated "A" on Plat of Survey recorded May 19, 1965, in Plat Book 7, Page 9, Plat Records of Johnson County, Iowa, said Tract "A" being situated in the SEI. of the SEY.. of Section 15, Township 79 North, Range 6 West of the 5th P.M. and Commencing at the Northwest comer of Lot 1 in Block 4, Braverman Center, according to the plat thereof recorded in Plat Book 7, Page 21, Plat Records of Johnson County, Iowa, thence Easterly along the North line of said Lot 1, a distance of 20 feet; thence Southerly parallel to the west line of said Lot 1, a distance of 40 feet, thence Westerly parallel to the North line of said Lot 1, a distance of 20 feet, thence Northerly along the West line of said Lot 1, to the point of beginning; the City does hereby vacate and release any right, title or interest in those easements that may have been created thereby. 9. The City further disclaims any right, title or interest in the private easement agreement executed by and between Archie Kodros and Southgate Development Company, Inc. recorded in Book 230, Page 352 of the Johnson County, Iowa Recorder, that may have been created by the Agreement regarding an Existing Sanitary Sewer Easement recorded in Book 4582, Page 908. 10. By signing below, Applicant, who is the contract buyer of the real estate, hereby gives its consent and approval to this amended sanitary sewer easement agreement and acknowledges that it will be bound hereto in the event that it acquires the real estate. Dated this _ day of , 2020. CITY: Bruce Teague, Mayor ATTEST: Kellie K. Fruehling, City Clerk Approved by: Attomey Office Otu�WNERS: G 2�J�_ By: Matt Guran by Tim ErKuiken, Attorney in fad for Matt Guran, as President of Royal Midwest, Inc., an Iowa Corporation Randall R Cole Christine I. Cole \A Nancy K. Hebl E. Hebl By: Suburban Gas an t/1 L.L.C. Trip, Inc. STATE OF IOWA, COUN/0,by ON) ss: This instrument wed before me of this day of e Teague and Kellie Fruehling as Mayor and City Clerk, respectively, of the City o Notary Public In and For the State of Iowa OWNERS ACKNOWLEDGEMENTS ,,,,and STATE OF COUNTY as: This instrument was acknowledged before me of this 14 day of ) m 6 r . 2020, by WV—& C -a j c.r, (NAME) as PrestAv 4 (TITLE) of Royal Midwest, Inc. r ZRYMN'D S Commission Number 734696 r My Commission Expires c.- . May 26, 2023 Notary Public n For the State of STATE OF COUNTY OF ) ss: 1A \` EASEMENT PLAT \ SANITARY SEWER -.-IOWA CITY, JOHNSON COUNTY, IOWA 0 5 25 0 GRAPHIC SCALE IN FEET 1"=50' 00� 84�0(Palo Pei TRACTCT IIA11 OH PLAY OF SOG WEV IN ACCOZPANCE WITH THE PIAT THFRrOF RECORDED IN PLAT BOOC 7 AT PAGE 9 OP THE RECORDS LF THE JOt11JSON GO WY RELqRDER'S OFFICE. { SEWER EASEMENT '` AS RE60FDEP IN DOM 212 AT LOCATION: PROPRIETOR LOT "A": A PORTION OF TRACT "A" ON PLAT RANDALL R & CHRISTINE 1 COLE OF SURVEY, AND A PORTION OF SCOTT E & NANCY K HEBL LOT 2 OF BRAVERMAN CENTER, 3696560TH STREET SW BLOCK 4, IN IOWA CITY, JOHNSON RIVERSIDE, IOWA 52327 COUNTY, IOWA. PROPRIETOR LOT 2: LAND SURVEYOR: ROYAL MIDWEST INC GLEN D. MEISNER P.L.S 2108 14TH STREET MMS CONSULTANTS INC. CORALVILLE, IOWA 52241 1917 SOUTH GILBERT STREET IOWA CITY, IOWA, 52240 DOCUMENT RETURN INFORMATION: LAND SURVEYOR PHONE: 319-351-8282 SURVEY REQUESTED BY: KW IK TRIP INC PO BOX 2107 LA CROSSE. WI 54602 LOT 19 D LOO CK 4 \ RG°aWERMQII CEMER j IN ACCORDANCE WITH TfE RAT THEREOF RECORDED IN RAT BOCK 7 AT PAGE 21 CF THE RECORDS Cr THE aN9611 C6 NTY RECORDERS /r PAGE 616 OP THE RECORDS Of GTFIGE FOR LEGEND AND NOTES – CONGRESSIONAL SECTION LINES --- — --- – RIGHT–OF–WAY LINES – CENTER LINES – LOT LINES, PLATTED OR BY DEED — — — — — — — – EASEMENT LINES, WIDTH & PURPOSE NOTED – EXISTING EASEMENT LINES, PURPOSE NOTED (R) – RECORDED DIMENSIONS (M) – MEASURED DIMENSIONS UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS DESCRIPTION - SANITARY SEWER EASEMENT USE A PORTION OF TRACT "A" ON PLAT OF SURVEY, AND A PORTION OF LOT 2 OF BRAVERMAN CENTER, BLOCK 4, IN IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: 1 \ THP ,1'hIN56N 60,NTY (r RRaEasEv) POINT OF COMMENCEMENT Q Commencing at the Northeast Corner of Lot 2, of Block 4 Braverman Center, in accordance with the Plat I 13 o NORTHEAST CORNER LOT 2 thereof Recorded in Plat Book 7 at Page 21, of the Records of the Johnson County Recorder's Office; Thence Q Southwesterly, 22.56 feet, along the East Line of said Lot 2 on a 1360.54 foot radius curve, concave N ^ \\ \ \ Southeasterly, whose 22.56 foot cord bears S16°40'24"W, to its intersection with the North Line of the Sewer zo.o' N 1–k Easement, as Recorded in Book 212 at Page 616 of the Records of the Johnson County Recorder's Office, N I o / o and the Point of Beginning; Thence continuing Southwesterly, 144.60 feet, along said East Line of Lot 2 on a I ra \ O od 1360.54 foot radius curve, concave Southeasterly, whose 144.53 foot chord bears S13"09'13"W; Thence �r _ _ _ _ _ _ _ _ _ _ _ _ _ _ �i N69°13'06"W, 298.80 feet; thence S00°22'20"W, 91.78 feet; Thence N89°37'40"W, 20.00 feet, to a Point on d the West Line of said Lot 2; Thence N00°2220"E, along said West Line, and the West Line of Tract "A" on the o I \ Plat of Survey Recorded in Plat Book 7 at Page 9 of the Records of the Johnson County Recorder's Office, I I o_ SEWER rAsrrr 252.07 feet, to a Point on the North Line of said Sewer Easement as Recorded in Book 212 at Page 616 of the N I I AS RECORDED IN IX/OC 290 AT \ �0'S7'00° PAGE 91L � THE RECORDS Of o 569.13-06°E Records of the Johnson County Recorder's Office; Thence S69°13'06"E, along said North Line, 21.34 feet; R=1360.54' THE JOHNSON COUNTY fl Oft D fl O(l�fl/I /1 25.68 Thence S00"22'20"W, 110.17 feet; Thence S69°13'06"E, 270.34 feet; Thence N19°56'16"E, 103.26 feet, to a / RECOZDETz's CFF CE. S Il p BLOCK W S} L=22.56' Point on the North Line of said Sewer Easement as Recorded in Book 212 at Page 616 of the Records of the (r0 DE RELEASED) r–r=11.28' 1 �� / C=22.56' Johnson CountyRecorder's Office; Thence S69'1 3'06"E, alongsaid North Line, 25.68 feet, to the Point of R�° dEU3MQ� CENYER // CB=516'40'24"W /Beginning. Said Sanitary Sewer Easement contains 20,211 square feet, and is subject to easements and I M A669RPANcE WITH THE PIAT TNFRFLr )' \ I \ \ restrictions of record. f .-10.0' 3 RECORDED N RAT %OCR 7 AT PAGE 21 CF THE fo 169730 RECORDS OF THE WHN56N COUNTY RECORDERS I E crFlcE o I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct POI OF\\ / personal supervision and that I am a duly licensed Professional Land q Y SSION y° BEGINNING \\o00'E°SI IIA Surveyor under the laws of the state of Iowa. z� otter N \ \ 02jSFVVF \ / / \\\�QQOF , .........„(,40�a/ oI I I N sF R FASF �3� _ / a „ y N �- ms--e-,�•-� tet- I1 20 Zo N I o 2g8�� MF / X6'05'22° sem= GLEN ear r iv I o 80 NT �� _� GLEN D. MEISNER R=1360.54' �__ NI IN SEWER EASEMENT �f / =W_ D. _m= P.L.S. Iowa LIC. No. 8165 01 I As RECORDED IN eoac 411 Ar y L=144.60' / _� MEISNER o Z L=144.60- 01 I PACP 128 O= THE RECORD` Or _ M license renewal date Is December 31, 20_ 'Ope \ o T=72.37 8165 - a\ Y Z I 1 w JOHNSON caJN Y 1�-- C=144.53' m` rn (rRELEASED) N973'-' \ v CB= 513'09'13"W �' /,*,,,•„IOWA",,,00°`\\\\oo / N89'3T40"W \ I 70.0• A/A/////IIIIIIIIIIIIIII11111\1�tt���""\\\\\\ Pages or sheets covered by this seal: 120.00' � :-4 1 TI �� I SEAL M S` CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsuItants.net Date Revision 09/11/20 PER GDM REVIEW - LSS EASEMENT PLAT SANITARY SEWER A PORTION OF TRACT "A" ON PLAT OF SURVEY, AND A PORTION OF LOT 2 OF BRAVERMAN CENTER, BLOCK IOWA CITY JOHNSON COUNTY IOWA - MMS CONSULTANTS, INC. Date: 08-26-2020 De5l9ned by: I Field Book No: GDM 1278,1279 Drown bu: 5cale: Checked by, 15heet No: Project No: IC 10948-001 of: 1 LW DSf IPE MNNRNANfI RAN FOR R06WAIE3 AND SIAMgMDING Alyw AS WITH ANY LANDSCAPED ARU. MAINTENANCE 6 THE KEY TO NELNG THE PROCESSES FUNCTONING CORNECTLYAS WELL AS ENSURING THAT THE AREA STAYS CLEAN AND ATTRACTIVE. WE HAW PUTTOGETHER ATYPICALPUN BELOW FOR PROPOSED MAINTENANCEACTIVITICSIN THE BIOSWAIfS. W®HG-MEIIIODNWW y R M). NON DESIRABLE MATERAr HAU.BENGOVEDFRO MOSOIRDLAE INVASIVES ANOLL BE APPLIED RANTMATCRML SHALLBE MY WD FROM MECHANICAL MEANS ONLY. NO HERBICIpES MALL BE ALLIED TO THE SWAY MR AS THE MY DISRUPT THE BIOLOGICAL PROCESS FOR MUTATION. WATERING METHOD: LMFLIDLLY BY NON[) (010 AUFpMTIDNLY BY SFr✓NE R. AS NEEDED DEMN ON SOI MOlS1UN. TYPICALLY WATERING D NOT NEEDED WITHIN THE SWALE AREAS UNLESS THERE 6 A CONSISTENT DRY WELL OF CONSECUTIVEDAYS MOISTURE METERS ZONED TO THE SURROUNDING IRRIGATION SYSTEM MAY NEEDED BE INSTALLED IN SWNESTO ALLOW MR IRRIGATION DURING THESE PRODS. LOW VOLUME SPRAY HUDSAND/)R DR1P TURING SHOULD BE GUMMED HERE TO MINIMIZE RUNOFF FUn VATION-MEfNW:MNR.WLYWHAND rwwmN. AS NEEDED DEPENDRIG ON SOI FERINI'TEET. BY DESIGN THE BKOSWALES GENERALLY CONTAIN NUTRRNT LEVELS (PARTICULARLY NITROGEN) SIGNIFICANTLY HIGHER THAN NORMAL SOL LEVELS, THEREFORE. N 15 UN LADY THAT SOIL FERTNTY WILL BE A UMGING FACTOR IN RAM GROWTH AND THUS FEATINUATION WOULD BE UNNECESSARY. WE RELOMMENDTESTING THE SOILFERTRl1Y N THE SWAIES ANNUALLY OR R PLANT MATERML SHOWS SIGNS IX DECLWE. IFFERTRIMUDN D NECESSARY, APPLYDNLY ORGANIC FERTILIZER THAT WILL PROVIDE NECESSARY NUTRIENTS WITHOUT DISRUPTING SOI LEE MIIDIBNC-MEIIgD MANIWLY W NANO _ LSFNLY:ESAN IMPORTANT ROLE IN THEM REU THCMULCHDYER ALS. MSC NPOR ME DESIGNED TODE DECOMPOSE PROPERTIESFORDIN REMOVALEN POLLUTANTS SUCH ASHEAVY METALS. MULCH LAYERS MEEUFD M VSTODFINSPEOE MO TIME ADDINGIMPORTANT NUTRIENTS BACK IMOTHESOIL. THE SWAT£AREASSHOULD BEEMKYINSP IMUMONTHLYTOENSURECOMPETEDMULCE BARE POTS THSTOTHESW MUSMULCHSD LAPDMBMAKIMUMLAY F H OWOOO MULCH BE FAO SHREDDED AR FWRY 6MONTHS TO THE AWN£ ABUT. MULCH SHALL N DARK BROWN IN COLOR pN0 TREE OF PESTS. TolgllaG OFMNF W1FlYl-LED100: MANIMILYW(MND. M I�IENCn.VME M MTBLN;TYRCNLYINENEYSPIBEIG. TVPMAL PRACTICE 6TO LEAVE ORNAMENTAL GRASSES AND SEED HUOSSTANDING TO PROVIDE WINTER INTEREST. THESE PLANES SHOULD BE CUT HACK SEWRLLY IN EARLY SPRING TO ENCOURAGE MWGROMH. DISEASEDOR DAMAGED PARTS SHOULD BE PRUNED AS THEY OCCUR "US AND SHRUBS MAY BE PRUNED FOR SHAPE AS NEEDED 1RA41 ■ OBI61Bp/K. FETIDU MSl W LY NEPFCT AND RBgVF N I W!D FREQUENCY AfiER SK,tNCNR PABaFALLEVEM.ORYWfFRY ORMOMHLY IAONSIE Wgr. STOMA WATER WNW FLOWING INTO THE APE MALES NA CEFOR THE AND OEM THEON WEM INTENDBE PERSONNEL PARTOFTHE TERRNELANDSCAPEMAINTENANCEEORTHESITE 0.S WELL ASBYONLTTE EP THINFRO LRSONNG IMMEDIATELY AFTER ASIGNFK:ANT PAIN EWMTO ENSURETHf ARMS STAY CLEAN AND KEEP THEM FROM BECOMING DNSIGHTLY, KTWASTEAEEIOMN 1EDIOR LMNIYLLYBYIWID. WY YEpAmr ON-SEETTHAT URNDE THERE WILL BEA DESIGNATED OR DE WALK PETS ONSPIETHATMWSLOCATED AWAYFROM THE BWS . AREAS. THERE WILL BE PETILIZET NS LOCATION IN THIS AND CLEAN UP AFTNANTSR PETS TS AS PAR OF THEIR PE13 W0.51E. TENANTS WILLAGREE TOM STAFT 15 LOCATION ONLY ANDCIFANIN UTfATHOR BE SDISPART THEY LEASE FOULO ENT. THE MANAGEMENT N ON WILL MANE EONANTS PERSONNEL FINU M FO WILL BE HEASSESSED IF THEY DO NOT FOLLOW THEY RULES. N ADULION, ONSITE MAINTENANCE RRSTNNP WILL Y PoIICING THE BIOSWALLSTO REMOVE AM PETWASTE THAT MAY OCCURN THESEAREAS PRINT ulrnule �sw.uT w_n T.Jlf IL.W d Pre•Wd swo •pro. lla15Urge arge/Itl Fwoc��w.� LL © liar« rrnNnmPmaecxv..N. 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SOMEONE �2/�Ls��iN�ey�lill►f�T,I pope IIIIII—,�1_1I—. p ,�xyL j l f�lllE'1''NI�� :a �eLr L f IWMI-/.111@1+�q !B' .'�►" I'F ffi �INW,II 5 N. illi"91E_ =:11 1_ "" .. ;- yI �� - 111�f11�L11/'l1.[711 1 k 7 : .+MDc•!G•tinvMA X141 ��. A ._ .,.. ....,.... W I!1 / �i�I P Y �IiIP ,r�r. 1111R1n1� �I� j X IILN7 jI[=wini 13:aMiriiJ!:i!� r Illls.:ib i^r.�111R aIaIIL j P `• ILf:'1X1 g g {:: 'E I I 1' 1 II flall • �IIVrld•_ V. �NSIr��li,a.UMMMUP 1......... I O) • irII'L IV, all 0 s 8 FI �zFT �111e911P � _ n1!I ne'u+�t� 1 J IIILw11111 ✓ M^ U - - - ngcMi vl�n r X11► � ' ml�3T,y"li�n°11iii� � � L M 111ox� 111111 )��1 t �IA1� N �� yIIILWll11'Tu���IIL/I �F � Y- IUYi.f�!I41y�llh�l Hil IN IIt:T+i ,.Ilhi cl I■ I � tae I RAIL: ur IQRi� � RXXI�IU /l1� r Jl'��IIL�d XinIIRp' a11�- � � lni11I �f LANDSCAPE CODE REQUIREMENTS FrN W i;S T.Jlf IL.W d Pre•Wd Not•. lla15Urge arge/Itl 5SYMPH Tb YAM WMKA NK, IyL.11. M lane bees w.1 q N. &H.. EBPt Prmiks 191.6 Sr1y8/30' Or6SmU TERMS cleart� flxA qO Taro NM SMI m In*Wn qe pretty nae,fMebn Ne xeM Wq qe D9BN_fiapaEe rtMrtneAs fvgls arta I1FSE-)-A-1) RaNbn Creek 327 lUrge/10' orl Burge BLaw 5ma11/30' Or 11 Sm•N Tens The all. Im.. WW.M Sm Ifrte, M`K H.MN—a BE byem South GllbR SUE lUrge/10' orl 2Urge IUfgeB TWelasE+cagnsrrys. 4nemNxnum npynm RMween,leeA br.een rrtN SAWN/ 30, pr35FiMN 2SURB11 nly,nmb, aaaeNwLew,nmmmoycerte.aeeylw.aryryyPe.rnrlaupro mrx enbn/A.o1Ry. M __ ______________ A tl (p feN SONE f'-111 NORTH SITE LANDSCAPE PLAN Py WWNGn T1e NpRR1Yd IdB9N\W NXM.NSOLYl6. LL[NIn6xOi R,E9R0)UDp.CpEp.d MRSON WIIOEdNIyrtN1MWTMNNgyMdLdpYMyNy1..f Y}'y,R a a ss�Ct A�� www.ldbcbanmmcdv.com V) 0 O 5 Z Z 41 W ea CL O y Id (n W N N LO a iv O CLW N a` U 0 H «>+ z Q W 0 ¢ 11 E7 0 PrKM.DaDE foga OMMN BY DEM ItYE w DFA ISSUED DATE oEURIRTION -4W200.LItt REVIEW r=W F RCIttREV( 6na0 FORcm REVIEW mR EW REVISIONS PRELIMINARY PLAN SHEET L1.0 IN o :OP..i/,b_IB .9_�iPP RJ16'i6M6A60oo as na o'. . atll,■L\�rrrerrrrdrllu•o■lee;'. ■sesta■■ue r■.oieiouo■: mouse!■.:--. ■ n. A IXCOMTNf MUT SCPQN WALLyz6HTJ NNAlFM1p5 4 RIBIICAMHIRY NYA WIfHYAING R160)MANIFRhV[�NT11 R.1MN6 fOR RMNWATIXCOIIECIgN ■ n. A FCC Doc ID: 027886450007 Type: GEN Kind: RESOIUTI ON Recorded: 10/29/2020 at 01:54:47 PM Fee Amt: "7.00 Pape 1 of 7 Johnson COOntY IOM& Kim Painter County Recorder BK6130 PG19-25 STATE OF IOWA ) )SS JOHNSON COUNTY ) �r Ott z we ,f City oP VrAP% C, I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 20-246 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of October 2020, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 27th day of October 2020. Kelli K. Fruehling City Clerk Ves 410 EAST WASHINGTON STREET a IOWA CITY, IOWA 52240-1826 s (319) 356-5000 a FAX (319) 356-5009 \41S, Prepared by: Anne Russett, Senior Planner, 410 E. Washington St, Iowa City, IA; (DRC20-00005) Resolution No. 20-246 A resolution approving height bonuses for 305 and 315 E. Prentiss Street and 625 S. Gilbert Street in the Riverfront Crossings — Central Crossings Zone Whereas, in November 2019, the approximate 1.6 acres of property locally known as 305 and 315 E. Prentiss Street and 625 S. Gilbert Street and legally described as: Lots 1, 2, 3, and 4 of Block 21 of County Seat Addition to Iowa City, And that tract lying West of Gilbert Street and North of the Iowa Interstate Railroad described in the deed Book 1967 at Page 279 as Commencing at the Northeast Comer of Lot 1, Block 21, of the County Seat Addition; Thence S00'1 2'59"W, along the Easterly line of said Block 21, 261.17 feet to the Point of Beginning; Thence S89°10'00"E, 22.00 feet; Thence S54°57'41 "E, 46.02 to the Northwesterly right of way line of Gilbert Street; Thence southwesterly, 80.06 feet, along said right of way line, on a 989.93 foot radius curve, concave southeasterly (chord S32'43'1 8"W, 80.04 feet); Thence N82°21'24"E, 213.00 feet; Thence N00°12'59"E along the westerly line of said Block 21, of County Seat Addition and its projection thereof, 7.75 feet to the southwest corner of said Lot 4, of Block 21; Thence easterly along the southerly boundary of said Lot 4, of Block 21, to the southeast corner thereof; Thence northerly along the easterly line of said Lot 4, of Block 21, to the Point of Beginning hereof. Described area contains 1.60 acres and is subject to easements and restrictions of record. was rezoned to Riverfront Crossings — Central Crossings (RFC -CX), subject to a conditional zoning agreement recorded in the records of the Johnson County Recorder in Book 5978, Page 10-21; and Whereas, the RFC -CX zone allows four (4) story buildings with the possibility of up to eight (8) stories through the use of one or more height bonuses or transfer of development rights set forth in Iowa City Code of Ordinances 14 -2G -7G intended to incentivize developments that incorporate features that provide a public benefit or that further important goals and objectives of the Downtown and Riverfront Crossings Master Plan; and Whereas, in January 2020, the City received an application for a Level II Design Review for an 8 -story building, which included a request for four (4) stories in height bonuses; and Whereas, the request for the 1 -story public art building height bonus is based upon the developers' willingness to contribute to the City's public art program equal to one percent of the threshold value of the project, as determined by Code Section 14 -2G -7G(6); and Whereas, the request for the 3 -story leadership in energy and environmental design bonus height is based upon the developers' willingness to minimize the impact of stormwater runoff through the improvement and restoration of Ralston Creek; and Whereas, in accordance with the Riverfront Crossings Form -Based code, any request for bonus height shall demonstrate excellence in building and site design, use high-quality building materials, and be designed in a manner that contributes to the quality and character of the neighborhood; and Whereas, Staff has reviewed the building and site design plans, finds that the plans meet the criteria to quality for 4 -stories of bonus height, and recommends approval; and Whereas, consistent with the Council's declaration of a climate crisis on August 6, 2019, pursuant to Resolution 19-218, and the City's Climate Action and Adaptation Plan, Council finds that constructing and maintaining this project with certain environmentally sustainable features is essential to reaching the adopted IPCC target of a 45% reduction in carbon emissions by 2030 and reaching "net zero" by 2050; and G • C"` \"D Resolution No. 20-246 Page 2 Whereas, the U.S. Department of Energy defines a net -zero building as one that "produces enough renewable energy to meet its own annual energy consumption requirements, thereby reducing the use of non-renewable energy in the building sector. This definition also applies to campuses, (energy) portfolios, and communities;" and Whereas, Iowa City is one of the fastest growing cities in the state, and any new building should be as efficient as possible; and Whereas, looking to 2050, this development is a good opportunity for the City, along with the business community and developers, to phase in requirements for buildings to produce on-site renewable energy; and Whereas, attention to sustainability and furtherance of the City's climate action goals is essential to a determination by the Council that this project demonstrates excellence in building design and is designed in a manner that contributes to the quality and character of the neighborhood. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that 1. The request for 1 -story of height bonus for the above-described property and project based upon a contribution to the City's public art fund is hereby approved. The amount of the contribution will be determined in accordance with Code Section 14 -2G -7G(6) at the time an application for a building permit is made with the City and shall be paid prior to issuance of any building permit for the above-described property. 2. The request for 3 -stories of height bonus for leadership in energy and environmental design for the above-described property and project is hereby approved subject to the following: a. The improvements and restoration to Ralston Creek shall substantially comply with the site landscape plan [Attachment 1 hereto] and the Conditional Zoning Agreement. b. The project shall be designed and constructed to at least LEED Silver standards under the National Green Building Standards or the LEED Green Building Rating System appropriate to the building type, according to those standards in effect at the time a building permit is issued. The Developer's registered and LEED-accredited architect must verify that the building has been constructed to meet this standard, including a list of the point calculation based on actual on-site achievements and a narrative explaining how each point was achieved. Said verification must be satisfactory to the City Manager or designee prior to issuance of an occupancy permit. LEED certification, however, shall not be required. At least 8 points shall be achieved for the LEED-NC Optimized Energy Performance credit. c. The buildings shall utilize rooftop solar modules to generate at least 42,000 kWh annually. d. The buildings shall utilize only "low -flow fixtures' in the residential units and common bathrooms. "Low flow fixtures" shall be those that exceed the City's current code requirements by 20% or a lower percentage if the City Manager or designee determines that 20% is not achievable. e. Prior to issuance of an occupancy permit, the owner shall demonstrate that the building and site improvements have been designed and constructed in accordance with these conditions. f. Prior to issuance of a building permit for the project, the owner shall execute an agreement committing to the above-described conditions, committing to the on- going maintenance thereof and agreeing that a violation of these conditions shall be considered a violation of Iowa City Code of Ordinances, Title 14, Zoning Code and enforced in accordance with Iowa City Code Section 14-7C-5. Said agreement shall 6 Resolution No: 80_266 Page 3 run with the land and be binding upon the owner, its successors and assigns. The City Manager is hereby granted the authority to execute said agreement, in a form approved by the City Attorney, and the City Clerk is hereby granted the authority and directed to record said agreement at owner's expense. 3. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify and attest this resolution. 4. The City Clerk is hereby authorized and directed to record this Resolution and any and all supporting agreements with the Johnson County Recorder at the owner's expense. Passed and approved this 20th day of October , 20 20 Kellie Fruehling, City Mayor: Approved by: j W �/ ` tL City Attorney's Office (Sara Greenwood Hektoen —10/15/2020) Resolution No. 20_246 Page 4 It was moved by trims and seconded by Salih the Resolution be adopted, and upon roll call there were: AYES x NAYS: ABSENT: Bergus Mims Salih Taylor Teague Thomas Weiner i `J Eotloop slgnirure wrifcauon Doc ID: 027901770007 Type: GEN Kind: DECISION Recorded: 11/17/2020 at 10:21:16 AM Fee Amt: $37.00 Paqe 1 of 7 Johnson County Iowa Prepared by. Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319-356- Kim Painter County Recorder DECISION BK6136 PG912-918 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, October 14, 2020 ELECTRONIC MEETING—ZOOM MEETING PLATFORM MEMBERS PRESENT: Gene Chrischilles, Zephan Hazell, Bryce Parker, Amy Pretorius MEMBERS ABSENT: Ernie Cox, STAFF PRESENT: Sue Dulek, Kirk Lehmann OTHERS PRESENT: Jon Mamer, Mark Holtkamp SPECIAL EXCEPTION ITEMS: .1 1. EXC20-0001: A public hearing regarding a special exception application submitted by MMS Consultants to allow a drive-through lane in an Intensive Commercial (CI -1) zone for a proposed new building at 1335 Highway 1 West. The Board concludes that the following specific standard found at 14-4C-2Ka will be met. Access and Circulation: The transportation system should be capable of safely supporting the proposed drive-through use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, effects on traffic circulation, access requirements, separation of curb cuts, and pedestrian safety in addition to the following criteria. This is based on the following findings for each sub -criterion: 1) Wherever possible and practical, drive-through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible, the board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of lanes, requiring the drive-through bays and stacking lanes to be enclosed within the building envelope, and similar conditions. • The property has access from Highway 1 West via a private shared access point and frontage road. The frontage road provides circulation between adjacent commercial and light industrial properties to the north, east, and south. • The drive-through lane is proposed to be accessed from the frontage road on the east side of the property. No direct access to Highway 1 is allowed. 2) To provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited. A proposal for a new curb cut on any street is subject to the standards and restrictions in chapter 5, article C, "Access Management Standards", of this title. • The submitted site plan will utilize existing curb cuts for 3 separate access points on the frontage road: one entry point, one exit point from a small parking area, and one exit point from the proposed drive-through lane. 1u dotloopsigmture verification: cRII, n, I r"_I!IOn The proposed use is drive-through only, so pedestrians will not be allowed to enter the building. Sidewalks are not provided to this area along the frontage road or highway, though they are provided from the onsite parking to the proposed building. The Conditional Zoning Agreement (CZA) in Ordinance No. 20-4825 approved on July 7, 2020 and recorded in Book 6075, Page 961 of the Johnson County Recorder requires an easement for pedestrian access along the access drive to the development. The proposed drive-through does not encroach on the pedestrian easement or otherwise affect pedestrian movement. 3) An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six (6) stacking spaces is recommended for drive- through facilities associated with eating establishments and a minimum of four (4) stacking spaces for banking, pharmacies, and similar nonfood related drive-through facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the width of a one lane, one-way drive. The board may reduce the recommended number of stacking spaces if the applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., a drive- through that is to be used for pick up only and not ordering). • The submitted site plan indicates stacking space for at least 7 vehicles: approximately 3 spaces including the order board and 4 spaces including the pick-up window. • The location of the drive-through is approximately 120 feet from the intersection of the access from Highway 1 and the frontage road. • The traffic memo from Scooter's Coffee estimates AM peak traffic at 25 cars into and out of the site, or approximately 1 car every 2 minutes and 24 seconds. The stacking spaces provided could accommodate approximately 28% of the peak hour demand at any one time. • Research indicates that coffee shop uses can produce long maximum queues, in excess of 10 cars in high traffic areas. Stacking may spill into the private frontage road but will not compromise safety due to slow speeds and adequate space to avoid affecting access to the development from the Highway. 4) Sufficient on site signage and pavement markings shall be provided to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement. The submitted site plan shows directional arrows are provided at all access points to the site. Directional signs are shown at each curb cut from the frontage road to direct cars, including an entrance sign, an exit sign, and a do not enter sign. The Board concludes that the following specific standard found at 14-4C-2Kb will be met rediHing Location. This is based on the following findings for each sub -criterion: ;1) In the CB -2 zone and in all subdistricts of the riverfront crossings district located east of the Iowa River, drive-through lanes and service windows must be located on a nonstrOM-facing facade. In all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street -facing location is preferable for the overall safety and efficiency of the site, does not conflict P dotioop sign ure verification:. r with adjacent uses or pedestrian access, and does not compromise the character of the streetscape or neighborhood in which it is located. • The property is not in a CB -2 zone or a subdistrict of the riverfront crossings district. • The drive-through lane and service window face Highway 1 and the access drive to the area. • The proposed drive-through routing, which faces the street, allows additional stacking spaces above the minimum required and provides separation of drive- through and access road traffic, which is preferable for the safety and efficiency of the site. • The required screening and the lower elevation of the drive-through in relation to Highway 1 reduces its visibility from the highway and prevents any potential conflicts with adjacent uses, pedestrian access, and streetscape character. 2) Drive-through lanes must be set back at least ten feet (10') from adjacent lot lines and public rights of way and screened from view according to the design standards below. The drive-through lane is set back more than 10 feet from the Highway 1 property line, approximately 10 feet from the north property line, and 32 feet from the access drive. • Screening is provided along the drive aisle to the north, west, and south, and where possible along the east property line. The site plan reflects that landscaping and an approved landscape plan are required due to the CZA. The Board concludes that the following specific standard found at 14-4C-2Kc will be met. Design Standards: The number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located. The board of adjustment may increase or reduce these standards according to the circumstances affecting the site. This is based on the following findings for each sub -criterion: 1) To promote compatibility with surrounding development, the number of drive-through lanes should be limited such that the amount of paving and stacking space does not diminish the design quality of the streetscape or the safety of the pedestrian environment. • The site abuts properties with commercial zoning to the north, east, and south; property across from Highway 1 is a mix of commercial, multi -family, and single- family zoning, though is further than 300 feet from the subject property. • A single, 14 -foot wide drive-through lane is shown. • Some green space will be provided between the drive-through lane and adjacent access roads and properties. The site and surrounding properties currently have no pedestrian access, and no pedestrian access is anticipated in the near future across Highway 1. 2) Drive-through lanes, bays, and stacking spaces shall be screened from views from the street and adjacent properties to the S2 standard. If the drive-through is located adjacent to a residential use or property zoned residential, it must be screened from view of these properties to at least the S3 standard. To preserve the pedestrian oriented \kQ dodoop s'pn taret'. — character of streets in the CB -2 zone and the riverfront crossings district, the board may require the drive-through to be incorporated within the building or be screened with masonry street walls and landscaping. Street walls shall be a minimum of five feet (S) in height and shall be designed to complement the principal building on the site. S2 screening is required along the north and south property lines. The property is not adjacent to any residential use or zone, but the CZA requires a screen of ornamental trees and a mixture of evergreen and deciduous shrubs from Highway 1, which corresponds to the S3 standard. The CZA requires approval of a landscaping plan by the City Forester prior to the issuance of a building permit. 3) Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick up window) should be considered to reduce the amount of idling on the site. • The applicant has proposed a single drive-through lane with one order board and one service window. 4) Stacking spaces, driveways, and drive-through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located. • Pedestrian use of the site will be minimal. • The proposed site plan minimizes pedestrian and vehicular conflicts. 5) Lighting for the drive-through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties. • Staff shall review any new lighting for the site in compliance with current code standards as part of the building permit process. 6) (Repealed.) 7) Loudspeakers or intercom systems, if allowed, should be located and directed to minimize disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to ensure such systems do not diminish the residential character of the neighborhood. • Intercom systems in the order boards are directed north, towards Highway 1. • Residential properties are on the other side of Highway 1 and will not be affected by the proposed use. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the. following: findings: 1U dotioop signB[Lre verification: : • There is an existing vacant store located on this site which will be redeveloped as part of the proposed project. • The intersection with Highway 1 is designed to accommodate the levels of traffic generated by large commercial uses. • The drive-through lane is more than 100 feet from the entrance access drive to Highway 1. • The frontage road provides separation from the heavy traffic of Highway 1. • Specific criteria findings as discussed above also apply, including those related to vehicle access, drive-through location, and directional signage and markings. The requested drive-through will not endanger the public health, safety, comfort, or general welfare. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: Required S3 screening from Highway 1 along the west property line and S2 screening from neighboring properties will minimize views of the drive-through. While there may be some queuing associated with the site on the private frontage road, there is sufficient internal circulation to maintain access to nearby sites. Property values will not be affected. The Board concludes that establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located based on the following findings: • The surrounding properties are developed, and the site is surrounded by commercial zoning to the north, east, and south. • Redevelopment of the subject property and these requested waivers will not affect development or improvement of surrounding properties. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • There are currently no sidewalks to serve this subdivision, but the location of the drive- through maintains an opportunity to establish pedestrian access in the future. • Pedestrian access is provided from the parking lot to the proposed building. • The subject property has access to all other necessary utilities and facilities. • The redevelopment will not require off-site improvements. The Board concludes that adequate measures have been or will be taken to provide ingress . or egress designed to minimize traffic congestion on public streets based on the following findings: • The proposed use relies primarily on access from the frontage road. • There is adequate space for 7 cars to stack in the drive-through lane with additional stacking space on the private frontage road when necessary. • While coffee service is known to require additional queuing, peak hours of demand are in the early morning and will not affect ingress or egress on public streets. 1\J dottoop signature verification: • The signalized intersection at Highway 1 has capacity to handle the additional trips generated by the use. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: • The special exception criteria discourage locating the drive-through lane on the street. The site plan indicates S3 screening within the setback towards Highway 1 and S2 screening along other property lines. • Through the site plan review process, staff will ensure compliance with the other provisions of the Iowa City Zoning Code and with the CZA for the site. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map in the Comprehensive Plan designates this area for Intensive Commercial Development. The Future Land Use Map in the South Central District Plan designates this area for Intensive or Highway Commercial. • The Comprehensive Plan supports planning for commercial development in defined commercial nodes as identified in District Plans to meet the needs of the present and future population. The District Plan also discusses the importance of upgrading landscaping and creating pedestrian access. • The proposed drive-through is consistent with the Comprehensive Plan. DISPOSITON: By a vote of 4-0 (Cox absent), the Board approved a drive-through lane in an Intensive Commercial (CI -1) zone for the property located at 1335 Highway 1 West, subject to the following condition: Substantial compliance with the site plan dated September 29, 2020. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. Iu 6000pvgneiurev hfiadon: ddc isIT" 5G 5IL.e=i eoiw.GG (I!e 1VID201139�M Cff YrtIM-PIXvlWE12fNC Amy Pretorius, Chairperson STATE OF IOWA ) JOHNSON COUNTY ) Approved by: C�� IT -101d0 City Attorney's Office I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 14°i day of October, 2020 as the same appears of record in my Office. Dated at Iowa City, this °Z day of xj 1F 111C� r , 20 �-Q 1� ��an'. �. ,� o- 11111111IIIN111111lllll111111111111lllllllllllllllllllllllllllllllllllllllllll 'Doc ID: 027903540044 Type. GEN Kind: SUBDIVISION Recorded: 11/18/2020 at 10:24:26 AM Fee Amt: $222.00 Page 1 of 44 Johnson County Iowa Kim Painter County Recorder 13K6137 PG568-611 STATE OF IOWA ) ) SS JOHNSON COUNTY ) fjog- I l 1 =41 — 1� ��t r,.'ll�l� iM11®eoi1� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.20-243, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of October 2020, all as the same appears of record in my office. Also attached are the final legal documents for West Side Estates, Phase Two Subdivision, Iowa City, Iowa. Dated at Iowa City, Iowa, this day of d6 Ve rxke t- 2020. Kelli K. Fruehling City Clerk fires subdivision 0 Prepared by: Ray Heitner, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5238 (SUB20-0002) Resolution No. 20-243 Resolution Approving Final Plat Of West Side Estates, Phase Two Subdivision, Iowa City, Iowa. Whereas, the owner, Adam Hahn, filed with the City Clerk the final plat of West Side Estates, Phase Two Subdivision, a 13.10 -acre subdivision consisting of 39 residential lots located north of Rohret Road SW and West of Yuma Drive located in Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: A PORTION OF AUDITOR'S PARCEL 2017097, AND AUDITOR'S PARCEL 2017095 IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, ALL OF TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the North Quarter Corner of Section 24, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, and a Point on the West Line of Auditor's Parcel 2017097, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 214 of the Records of the Johnson County Recorder's Office; Thence N00006'51"W, along the West Line of said Auditor's Parcel 2017097, a distance of 139.79 feet, to the Northwest Corner thereof; Thence S56°23'25"E, along the North Line of said Auditor's Parcel 2017097, a distance of 51.72 feet, to the Westerly most corner of Auditor's Parcel 2017095, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 213 of the Records of the Johnson County Recorder's Office; Thence N38059'35"E, along the Northerly Line of said Auditor's Parcel 2017095, and the North Line of said Auditor's Parcel 2017097, a distance of 134.58 feet; Thence N76046'33"E, along the North Line of said Auditor's Parcel 2017097, a distance of 223.03 feet; Thence N69°45'38"E, along said North Line, 38.57 feet, to the Northwest Corner of West Side Estates - Phase One, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 393 of the Records of the Johnson County Recorder's Office; Thence S17°08'27"E, along the West Line of said West Side Estates - Phase One, a distance of 188.90 feet; Thence Northeasterly, 1.92 feet, along said West Line on a 1411.00 foot radius curve, concave Northwesterly, whose 1.92 foot chord bears N72'49'1 3"E; Thence S17°13'08"E, along said West Line, 123.70 feet; Thence N711025'11 9"E, along said West Line, 9.19 feet; Thence S1 7033'42"E, along said West Line, 185.49 feet; Thence Northeasterly, 34.86 feet, along said West Line on a 1720.00 foot radius curve, concave Northwesterly, whose 34.86 foot chord bears N71°51'28"E; thence S1 8043'22"E, along said West Line, 130.00 feet; Thence S24°35'25"E, along said West Line, 95.00 feet; Thence S31 °30'24"E, along said West Line, 168.00 feet, to the Southwest Corner thereof, and a Point on the Southerly Line of said Auditor's Parcel 2017097; Thence S58°29'36"W, along said Southerly Line, 186.37 feet; Thence S58°30'23"W, along said Southerly Line, 657.52 feet, to the Southwest Corner thereof; Thence N01 °18'20"W, along the West Line of said Auditor's Parcel 2017097, a distance of 974.91 feet, to the Point of Beginning. Said West Side Estates - Phase Two contains 13.10 Acres, and is subject to easements and restrictions or record. Whereas, the Neighborhood and Development Services Department and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Whereas, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and \1 EXHIBIT "A" LEGAL DESCRIPTION WEST SIDE ESTATES - PHASE TWO A PORTION OF AUDITOR'S PARCEL 2017097, AND AUDITOR'S PARCEL 2017095 IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, ALL OF TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the North Quarter Corner of Section 24, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, and a Point on the West Line of Auditor's Parcel 2017097, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 214 of the Records of the Johnson County Recorder's Office; Thence N00°06'51 "W, along the West Line of said Auditor's Parcel 2017097, a distance of 139.79 feet, to the Northwest Corner thereof, Thence S56°23'25"E, along the North Line of said Auditor's Parcel 2017097, a distance of 51.72 feet, to the Westerly most corner of Auditor's Parcel 2017095, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 213 of the Records of the Johnson County Recorder's Office; Thence N38°59'35"E, along the Northerly Line of said Auditor's Parcel 2017095, and the North Line of said Auditor's Parcel 2017097, a distance of 134.58 feet; Thence N76°46'33"E, along the North Line of said Auditor's Parcel 2017097, a distance of 223.03 feet; Thence N69°45'38"E, along said North Line, 38.57 feet, to the Northwest Corner of West Side Estates - Phase One, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 393 of the Records of the Johnson County Recorder's Office; Thence S17°08'27"E, along the West Line of said West Side Estates - Phase One, a distance of 188.90 feet; Thence Northeasterly, 1.92 feet, along said West Line on a 1411.00 foot radius curve, concave Northwesterly, whose 1.92 foot chord bears N72°49'13"E; Thence S17°13'08"E, along said West Line, 123.70 feet; Thence N71°25'19"E, along said West Line, 9.19 feet; Thence S17°33'42"E, along said West Line, 185.49 feet; Thence Northeasterly, 34.86 feet, along said West Line on a 1720.00 foot radius curve, concave Northwesterly, whose 34.86 foot chord bears N71°51'28"E; thence S18°43'22"E, along said West Line, 130.00 feet; Thence S24°35'25"E, along said West Line, 95.00 feet; Thence S3I*30'24"E, along said West Line, 168.00 feet, to the Southwest Comer thereof, and a Point on the Southerly Line of said Auditor's Parcel 2017097; Thence S58°29'36"W, along said Southerly Line, 186.37 feet; Thence S58°30'23"W, along said Southerly Line, 657.52 feet, to the Southwest Corner thereof; Thence N01°18'20"W, along the West Line of said Auditor's Parcel 2017097, a distance of 974.91 feet, to the Point of Beginning. Said West Side Estates - Phase Two contains 13.10 Acres, and is subject to casements and restrictions or record. (00340796) Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Ste. 201 Phone (319) 351-2028 Pugh Hagan Prahm, PLC Coralville, IA 52241 FAX (319) 351-1102 OPINION OF ATTORNEY WEST SIDE ESTATES - PHASE TWO IOWA CITY, JOHNSON COUNTY, IOWA I, Michael J. Pugh, a regular practicing attorney in Coralville, Johnson County, Iowa, do hereby certify that I have examined an Abstract of Title to the following described real estate, to -wit: See Exhibit "A" It is hereby certified that fee simple title to said property, to become part of the subdivision to be known known as West Side Estates - Phase Two, Iowa City, Johnson County, Iowa, is in Watts Group Development, Inc., free and clear from all liens, except for the following mortgage lien: A mortgage in favor of MidWestOne Bank, which mortgage is dated November 6, 2017, and recorded November 13, 2017, in Book 5723, Page 918, of the records of the Recorder of Johnson County, Iowa. Dated at Coralville, Iowa, this a d day of October, 2020. Michael J. Pugh V Pugh Hagan Prahm PLC 425 E. Oakdale Blvd., Suite 201 Coralville, IA 52241 (319) 351-2028 Phone mpugh@pughhagan.com email {003407971 EXHIBIT "A" LEGAL DESCRIPTION WEST SIDE ESTATES - PHASE TWO A PORTION OF AUDITOR'S PARCEL 2017097, AND AUDITOR'S PARCEL 2017095 IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, ALL OF TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the North Quarter Comer of Section 24, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, and a Point on the West Line of Auditor's Parcel 2017097, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 214 of the Records of the Johnson County Recorder's Office; Thence N00°06'51"W, along the West Line of said Auditor's Parcel 2017097, a distance of 139.79 feet, to the Northwest Comer thereof; Thence S56°23'25"E, along the North Line of said Auditor's Parcel 2017097, a distance of 51.72 feet, to the Westerly most corner of Auditor's Parcel 2017095, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 213 of the Records of the Johnson County Recorder's Office; Thence N38°59'35"E, along the Northerly Line of said Auditor's Parcel 2017095, and the North Line of said Auditor's Parcel 2017097, a distance of 134.58 feet; Thence N76°46'33"E, along the North Line of said Auditor's Parcel 2017097, a distance of 223.03 feet; Thence N69°45'38"E, along said North Line, 38.57 feet, to the Northwest Corner of West Side Estates - Phase One, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 393 of the Records of the Johnson County Recorder's Office; Thence S 17°08'27"E, along the West Line of said West Side Estates - Phase One, a distance of 188.90 feet; Thence Northeasterly, 1.92 feet, along said West Line on a 1411.00 foot radius curve, concave Northwesterly, whose 1.92 foot chord bears N72°49'13"E; Thence S17013'08"E, along said W osi Line, 123.70 feet; T1tenuc N71 1'25" 19"E, along said West Line, 9.19 feet; Thence S17°33'42"E, along said West Line, 185.49 feet; Thence Northeasterly, 34.86 feet, along said West Line on a 1720.00 foot radius curve, concave Northwesterly, whose 34.86 foot chord bears N71051'28"E; thence S18043'22"E, along said West Line, 130.00 feet; Thence S24°35'25"E, along said West Line, 95.00 feet; Thence S31°30'24"E, along said West Line, 168.00 feet, to the Southwest Comer thereof, and a Point on the Southerly Line of said Auditor's Parcel 2017097; Thence S58°29'36"W, along said Southerly Line, 186.37 feet; Thence S58°30'23"W, along said Southerly Line, 657.52 feet, to the Southwest Comer thereof, Thence N01°18'20"W, along the West Line of said Auditor's Parcel 2017097, a distance of 974.91 feet, to the Point of Beginning. Said West Side Estates - Phase Two contains 13.10 Acres, and is subject to easements and restrictions or record. (00340797) Prepared by: Michael I Pugh 425 E. Oakdale Blvd., Suite 201 Phone: (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 Fax: (319) 351-1102 CONSENT OF MORTGAGEE TO SUBDIVISION WEST SIDE ESTATES - PHASE TWO IOWA CITY, JOHNSON COUNTY, IOWA The undersigned, MidWestOne Bank, is the Mortgagee of a Mortgage from Watts Group Development, Inc.., dated November 6, 2017, and recorded November 13, 2017, in Book 5723, Page 918, of the records of the Recorder of Johnson County, Iowa. Said Mortgage records therein that property to be designated as West Side Estates — Phase Two, Iowa City, Johnson County, Iowa, and legally described on the attached Exhibit "A". That the undersigned Mortgagee, pursuant to the provisions of Chapter 354, Code of Iowa, does hereby consent to the platting of this subdivision by Watts Group Development, Inc. and does hereby release from said mortgage all streets, easements, outlots or other areas to be conveyed or dedicated to the City of Iowa City, Iowa, or the West Side Estates Homeowners Association. Dated this /S11' day of Lbd,of)e— 2020. STATE OF IOWA, JOHNSON COUNTY, ss: ISIIalkla CW M&NIUM M,11,4' This instrument was acknowledged before me on this /5"day of Or-4-o6..� . 2020, b L j and MAC, Prow, as SVP and VA of MidWestOne Bank. TYLER LINK Notary blic in and for the State of Iowa ,s ' • f commission Number 801059 w MY Commission Ezplres February 28, 2021 (00340812) EXHIBIT A LEGAL DESCRIPTION WEST SIDE ESTATES - PHASE TWO A PORTION OF AUDITOR'S PARCEL 2017097, AND AUDITOR'S PARCEL 2017095 IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, ALL OF TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the North Quarter Corner of Section 24, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, and a Point on the West Line of Auditor's Parcel 2017097, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 214 of the Records of the Johnson County Recorder's Office; Thence N00°06'51"W, along the West Line of said Auditor's Parcel 2017097, a distance of 139.79 feet, to the Northwest Corner thereof, Thence S56°23'25"E, along the North Line of said Auditor's Parcel 2017097, a distance of 51.72 feet, to the Westerly most corner of Auditor's Parcel 2017095, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 213 of the Records of the Johnson County Recorder's Office; Thence N38059'35"E, along the Northerly Line of said Auditor's Parcel 2017095, and the North Line of said Auditor's Parcel 2017097, a distance of 134.58 feet; Thence N76°46'33"E, along the North Line of said Auditor's Parcel 2017097, a distance of 223.03 feet; Thence N69045'38"E, along said North Line, 38.57 feet, to the Northwest Comer of West Side Estates - Phase One, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 393 of the Records of the Johnson County Recorder's Office; Thence S17°08'27"E, along the West Line of said West Side Estates - Phase One, a distance of 188.90 feet; Thence Northeasterly, 1.92 feet, along said West Line on a 1411.00 foot radius curve, concave Northwesterly, whose 1.92 foot chord bears N72°49'13"E; Thence S17°13'08"E, along said West Line, 123.70 feet; Thence N71°25'19"E, along said West Line, 9.19 feet; Thence S17°33'42"E, along said West Line, 185.49 feet; Thence Northeasterly, 34.86 feet, along said West Line on a 1720.00 foot radius curve, concave Northwesterly, whose 34.86 foot chord bears N71 °51'28"E; thence S 18°43'22"E, along said West Line, 130.00 feet; Thence S24°35'25"E, along said West Line, 95.00 feet; Thence S31°30'24"E, along said West Line, 168.00 feet, to the Southwest Corner thereof, and a Point on the Southerly Line of said Auditor's Parcel 2017097; Thence S58°29'36"W, along said Southerly Line, 186.37 feet; Thence S58°30'23"W, along said Southerly Line, 657.52 feet, to the Southwest Corner thereof; Thence NO1°18'20"W, along the West Line of said Auditor's Parcel 2017097, a distance of 974.91 feet, to the Point of Beginning. Said West Side Estates - Phase Two contains 13.10 Acres, and is subject to easements and restrictions or record. (00340812) ki Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Suite 201 Phone (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 FAX (319) 351-1102 UNDERGROUND UTILITY EASEMENT WEST SIDE ESTATES — PHASE TWO IOWA CITY, JOHNSON COUNTY, IOWA In consideration of the approval of the Final Plat of West Side Estates — Phase Two, Iowa City, Johnson County, Iowa, the undersigned owner hereby grants to MidAmerican Energy Co., CenturyLink, Mediacom, Eastern Iowa Light and Power, and the City of Iowa City, Iowa and their successors (hereinafter collectively "Grantees") a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of West Side Estates — Phase Two, Iowa City, Johnson County, Iowa, as "Utility Easement" as located within the Subdivision. The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them, and repair any damages caused by them within the easement areas. Grantees shall indemnify Grantor against unreasonable loss or damage which may occur in the negligent exercise of the easement rights granted herein. Grantor, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for utility easement but, with advance written authorization from the Grantee's representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantees' rights, however, include the right to remove and/or clear away any such gardens, shrubs, minor landscaping, bushes and plantings within the easement area without compensation to Grantor or its success in interest. [Signature page to follow] (00340798) Dated this _2. day of October, 2020. WATTSGR P %EVELLOO�PMENT, INC. By: e K,� Gary D. Watts, President and Secretary STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this '2A day of October, 2020, by Gary D. Watts, President and Secretary of Watts Group Development, Inc. otary u lic in and o the State of wa ALLISON CURRY 4F Commission Number 817192 My Commission Expires °• June 3, 2022 (00340798) [Signature Page to Underground Utility Easement] Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Suite 201 Phone (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 FAX (319) 351-1102 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WEST SIDE ESTATES — PHASE TWO IOWA CITY, JOHNSON COUNTY, IOWA THIS AGREEMENT, made and entered into by and Watts Group Development, Inc. ("Owner"), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the "City"), which expression shall include its successors in interest and assigns. In consideration of their mutual promises herein, Owner and the City agree as follows: 1. Owner states and covenants that it is the Owner of certain real estate depicted as "Temporary Construction Easement" on the Final Plat of West Side Estates — Phase Two, by virtue of legal and/or equitable title, that it is lawfully seized and possessed of said real estate, and that it has good and lawful right to convey this easement. 2. Owner does hereby grant and convey to the City a temporary construction easement in, over and across that portion of Owner's property described as "25.00' Wide Temporary Construction Easement" as shown on the Final Plat of West Side Estates — Phase Two (hereafter "Temporary Easement Area") for the purpose of facilitating the City's construction and installation of public right-of-way and public utilities ("Improvements"), which grant to the City shall include necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Temporary Easement Area, as needed to complete said Improvements. 3. The term of this Temporary Construction Easement will be for the period of time required for the City to complete the construction of the improvements, but in no event shall the term extend beyond the date two (2) years after commencement of construction. 4. With respect to the Temporary Construction Easement, Owner grants the following rights: {00340802} A. City shall have the right to make excavations within the Temporary Easement Area, and to grade as City may find reasonably necessary for the construction. City covenants and agrees to protect such excavations during construction; to promptly fill said excavations following construction; and to be liable for and hold Owner harmless from third party liability during said construction. B. City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Temporary Easement Area. City shall indemnify Owner against loss or damage which occurs as a result of the City's negligent acts or omissions in the exercise of its easement rights herein. Once the Temporary Easement Area has been restored to substantially its prior condition and except as expressly provided in this Temporary Easement Agreement, City shall have no further responsibility for maintaining the Temporary Easement Area. C. City shall have the right of ingress and egress to and from the Temporary Easement Area by such route within the Temporary Easement Area as shall occasion the least practical damage and inconvenience to Owner. D. City shall have the right to trim or remove all trees and brush which may interfere with the exercise of the City's rights pursuant to this Temporary Easement Agreement. 5. City covenants and agrees that existing driveways, fences, underground drainage tile or other site features which are removed or disturbed shall, to the extent reasonably possible, be replaced by City to conform with features or items removed during construction. City further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. 6. City covenants and agrees to remove and stockpile existing topsoil from areas to be excavated, to be used in the event of any repair. Following installation of the Improvements, all area within the Temporary Easement Area which is disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said area substantially to its prior condition. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, shall be deemed a covenant which runs with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's Office, at Owner's expense. [Signature page to follow] (00340802) 1 Dated this 20 day of October, 2020 WATTS GROUP/,4EVELOPMENT, INC. President and Secretary STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this _2,o day of October, 2020, by Gary D. Watts, President and Secretary of Watts Group Development, Inc. 'Notary Public in and for a ate o7a- eP� B„ ALLISON CURRY ° • Comminlon Number 817192 My C�E3e0�ro6 °N 2 100340902) [Signature page to Temporary Construction Agreement] \1 Dated this Zoe"' day of October, 2020 ATTEST: am Fruehling, �ity Clerk CITY OF IOWA CITY, IOWA By: e Teague, M yor STATE OF IOWA, COUNTY OF JOHNSON) ss: On this 2D0" day of October, 2020 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Bruce Teague and Kellie Fruehling, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge 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 sai tate r mCHRISTINEOLNEY. ommission Number 805292 * M Commission Expires_ (00340802) [Signature page to Temporary Construction Agreement] 1-A Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Suite 201 Phone (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 FAX (319) 351-1102 PUBLIC ACCESS AND FIRE APPARATUS EASEMENT AGREEMENT WEST SIDE ESTATES — PHASE TWO IOWA CITY, JOHNSON COUNTY, IOWA In consideration of $1.00 plus other valuable consideration, Watts Group Development, Inc. ("Owner") hereby grants and conveys to the City of Iowa City, Iowa ("City') an easement for the purpose of vehicular traffic over and across the areas designated on the Final Plat of West Side Estates — Phase Two, Iowa City, Johnson County, Iowa, as "Access Easement," hereinafter described as "easement area." Said Public Access Easement is granted under the following terms and conditions. 1. The Owner agrees that it will keep the easement area open to allow the free flow of vehicular traffic over the easement area without obstruction. 2. The Owner agrees that it or its successors and assigns, as a covenant running with the land, shall at its expense keep the easement area in good condition and shall repair and maintain the same as maybe appropriate for the purposes for which this easement has been granted. The responsibility for maintenance will include, but is not limited to, keeping the easement area as free as possible of snow, ice, dirt and debris. 3. Notwithstanding the foregoing, the Owner, and its successors and assigns, may form a nonprofit corporation to be an Owner's Association ("Association") through which its maintenance obligations contained herein may be fulfilled. Provided further that the Owner, or its successors and assigns, may convey any portion of the real estate over which the easement runs to the Association, which conveyance will be subject to this Agreement as a covenant running with the land. 4. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Owner has a good and lawful right to convey it, or any part thereof. 5. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Owner shall not be deemed acting as the {00340808} 1^ City's agent during the original construction and installation of said improvement. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until approved by the City. 6. This Easement includes the following: a. City service vehicles are granted a means of ingress, egress, and passage over the access easement area. b. The City's police department is authorized to ticket, tow, or cause to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the easement area in violation of the parking laws of the City and the State of Iowa. This Agreement shall serve as appropriate notice for such authorization to City's police department under the Code of Iowa, as amended. Owner shall place the easement and agreement of record as its sole obligation to notify all persons who may improperly park on said easement/access areas. C. City's fire department is granted an easement with the right of access over and across the easement area. Said right of access includes the right of non -emergency access and posting for purposes of enforcing fire safety standards under the uniform Fire Code, as amended. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the undersigned, and all covenants shall apply to and run with the land and with the title to the land. jSlgna » e sages to follow] (00340808) Dated October ZO , 2020 WATTS GROUP/DEVELOPMENT, INC. Gary D. Watts, President and Secretary STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this 70 day of October, 2020, by Gary D. Watts, President and Secretary of Watts Group Devel pment, Inc. No blic in and for the Stat f Iowa (00340808) [Signature page to Public Access and Fire Apparatus Easement Agreement] �1 Dated this GU'' "day of October, 2020 rv( L-9 CITY OF IOWA CITY, IOWA By: c 6_ dAice Teague, M yor STATE OF IOWA, COUNTY OF JOHNSON) ss: On this 60-N day of October, 2020 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Bruce Teague and Kellie Fruehling, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge 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. &P. a Aze: — otary Public in and for OOWWsVAA State e, a CHRISTINE OLNEY _,/�, Commission Number 806232 + r�-..•.. r ,..[dylJCo fission Expires (00340808) [Signature page to Public Access and Fire Apparatus Easement Agreement] Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Suite 201 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 Fax: (319) 351-1102 SANITARY SEWER EASEMENT AGREEMENT WEST SIDE ESTATES — PHASE TWO IOWA CITY, JOHNSON COUNTY, IOWA THIS AGREEMENT, made and entered into by and between Watts Group Development, Inc. ("Owner'), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the "City'), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Sanitary Sewer Easement" as shown on the Final Plat of West Side Estates — Phase Two, hereafter described as "easement area" Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. (00340809) 1 3. The right to enter onto land beyond the easement area to conduct emergency repairs that may extend beyond the easement area, without obtaining a separate temporary easement. City's right to do such work shall be effective only upon City's prior notice to owners and with minimal disruption of the area. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement areas. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement areas. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Any such improvements placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfiilly seized and possessed of the real estate above described, and Owner has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's - agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. [Signature pages to follow] (00340809) 1-I Dated this 2,v day of October, 2020 WATTS GRO D EL7MENT, INC. By: Gary D. Watts, President and Secretary STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this Z_a day of October, 2020, by Gary D. Watts, President and Secretary of Watts Group Development, Inc. -Notary Public in an the Stat of Iowa �y ALLISON CURRY iFCommission Number x17192 My Commiselon Expiros June 3, 2022 1003408091 [Signature page to Sanitary Sewer Easement Agreement] .1 Dated this 201"' day of October, 2020 AT CITY OF IOWA CITY, IOWA By: krucete—a—gue, Mayor STATE OF IOWA, COUNTY OF JOHNSON) ss: On this ` p}h day of October, 2020 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Bruce Teague and Kellie Fruehling, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge 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 Wd State m CHRISTINE OLNEY z Commission Number 806232 • � My Commission Expires {00340609} [.Signature page to Sanitary Sewer Easement Agreement] 1 Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Suite 201 Pugh Hagan Prahm PLC Coralville, IA 52241 STORM SEWER AND DRAINAGE EASEMENT WEST SIDE ESTATES — PHASE TWO IOWA CITY, JOHNSON COUNTY, IOWA Phone(319)351-2028 FAX (319) 351-1102 THIS STORM SEWER AND DRAINAGE EASEMENT ("Agreement"), made and entered into by and between Watts Group Development, Inc. ("Owner"), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the "City'), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits, and overland drainageways as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "15.00' Wide Storm Sewer and Drainage Easement", "20.00' Wide Storm Sewer and Drainage Easement" and "Storm Sewer Easement" as shown on the Final Plat of West Side Estates — Phase Two, hereafter described as "easement area." Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and clear away any trees on either side of 1003408111 1 1 said easement area which now or hereafter in the opinion of the City may be a hazard to said easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement area. Any such improvements in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to-iruposea requirement on the City -to install the original public improvements at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to -install -the public improvemenf(sjheiem -shall lie m accordance with City - - specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. [Signature pages to follow] {00340811} ,I Dated this _2 day of October, 2020 WAlaryWatts, DEVELOPMENT, INC. By: President and Secretary STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this 2o day of October, 2020, by Gary D. Watts, President and Secretary of Watts Group Development, Inc. Notary Public in and for the Statof Iowa ,.• r. ALLISON CURRY :° :Commission Number 817792 o. My Commission Expires June 3, 2022 (00340809) [Signature page to Sanitary Sewer Easement Agreement] 11 Dated this 2r?')q day of October, 2020 CITY OF IOWA CITY, IOWA By: 6Aace Teague, Mayor AT;ellLieFruehli By:1 , City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: On this apt day of October, 2020 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Bruce Teague and Kellie Fruehling, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge 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. j Notary Public in and fotAaid State =,CHR'rSE OLNEYumber N =ysion Ezpires (00340809) [Signature page to Sanitary Sewer Easement Agreement) 1 Prepared by Michael J. Pugh 425 E. Oakdale Blvd., Suite 201 (319) 351-2028 and return to: Pugh Hagan Prahm PLC Coralville, IA 52241 Fax: (319) 351-1102 DRAINAGE EASEMENT WEST SIDE ESTATES — PHASE TWO IOWA CITY, JOHNSON COUNTY, IOWA Watts Group Development, Inc. ("Owner") hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such underground tile and overland drainageways as the City shall from time to time elect for conveying storm water, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "15.00' Wide Drainage Easement" as shown on the Final Plat of West Side Estates — Phase Two, hereafter described as "easement area." Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and clear away any trees on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to said easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any (00340813} 1 well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement area. Any such improvement placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. [Signature page to follow] (00340813) \1 Resolution No. 20-243 Page 2 Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2020) and all other state and local requirements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The City shall accept dedication of the outlots upon satisfaction of the terms and conditions stated in the Subdivider's Agreement. 3. The City furthermore vacates its interest in the easement indicated as the "existing access easement to be vacated" on the Final Plat, also known as the Access Easement Area described in the Permanent Lift Station and On Site and Off Site Access Easement Agreement recorded in Book 4522, Page 122, seq 76-80 and shown as the "17.00 foot wide ingress and egress easement" attached thereto. 4. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 20th day of It was moved by Weiner adopted, and upon roll call there were: Ayes: X X X X X X X 2020 . City Attorney's Office —10/15/2020 and seconded by Salih the Resolution be Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner 0 Prepared by: Michael J. Pugh 425 E. Oakdale Blvd, Ste. 201 Phone (319) 351-2028 Pugh Hagan Prahm PLC Iowa City, IA 52240 FAX (319) 351-1102 SUBDIVIDER'S AGREEMENT WEST SIDE ESTATES — PHASE TWO IOWA CITY, JOHNSON COUNTY, IOWA THIS SUBDIVIDER'S AGREEMENT ("Agreement") is made by and between Watts Group Development, Inc., hereinafter referred to as "Subdivider", and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City". WITNESSETH IT IS, THEREFORE, HEREBY AGREED AS FOLLOWS: Section I. Public Improvements In consideration of the City approving the plat of West Side Estates - Phase Two, Iowa City, Iowa (the "Subdivision"), the Subdivider agrees, as a covenant naming with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in said Subdivision unless and until Subdivider installs and City accepts the following improvements: (a) Concrete paving at least twenty-eight (28) feet in width on all streets shown on the Final Plat for the Subdivision, except for Rohret Road. City. (b) Water mains, storm sewers, drainage swales, and sanitary sewers as required by the (c) Subdivision erosion control measures as required by the City under its ordinances. (d) Concrete paving at least 12 feet in width from Sedona Street across Outlot B north to the lift station on Outlot C, Country Club Estates, Third Addition and sidewalks adjacent to Outlots A and B. (e) demolition of the existing access drive within the access easement from Rohret Road to Outlot C, Country Club Estates, Third Addition. MU8943 2) 11 The paving, storm sewers, water mains, drainage swales, and sanitary sewers are hereinafter referred to as "Improvements." Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting on the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the Public Improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. Section 2. Stormwater Management. Storm water management for the subdivision will be provided by the existing stormwater management facilities located in Outlot C, Country Club Estates Third Addition, (the "Facilities") pursuant to an Off -Site Storm Water Detention Easement Agreement between Subdivider and Country Club Estates Homeowners Association recorded with the subdivision documents for West Side Estates — Phase One, in Book 5763, Page 162, Records of Johnson County, Iowa. Except as provided in this Agreement, prior to issuance of any building permit for the subdivision, Subdivider shall have the existing Facilities surveyed by a licensed land surveyor to determine whether they satisfy the requirements of Iowa City Code of Ordinances 16-3G. If additional modifications to the Facilities is not necessary, the Subdivider shall provide a signed and sealed certification from such licensed engineer. If modifications to the Facilities is required, Subdivider shall perform any modification to said Facilities as may be necessary to bring said Facilities into compliance with said code requirements. Section 3. Construction of Improvements. The Improvements and Facilities described in Section 1 and 2 of this Agreement shall be constructed and installed by the Subdivider according to plans and specifications approved by the City Engineer of the City of Iowa City, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release Subdivider from its responsibility to construct said Improvements in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Improvements and Facilities are in compliance with said plans and specifications. Section 4. Sidewalks. Subdivider agrees to install sidewalks abutting each of the lots in said Subdivision adjacent to all streets in the subdivision as shown on the Final Plat for West Side Estates—Phase Two. Except for sidewalks adjacent to Rohret Road, which shall be at least eight (8) feet in width, all sidewalks shall be at least five (5) feet in width and shall be constructed according to plans and specifications approved by the City Engineer and as per Sections 15-3-3; 16-1C-1, 2, 3; 16-4-1, of the Iowa City Code of Ordinances. Except as set forth in Section 1, sidewalks shall be installed adjacent to each lot prior to the issuance of an occupancy permit for a building constructed on any lot in the subdivision and shall remain a lien on said lots until installed and released by the City and the release duly recorded in the Johnson County Recorder's Office as required by Section 14-7A-6 subparagraph 6(B), Iowa City Code of Ordinances. (00348343 2) 11 Section 5. Building Permits and Escrow Monies. If the Subdivider should desire a building permit for a building on any lot in said Subdivision before the Improvements or Facilities have been installed, the Subdivider shall deposit with the Department of Housing and Inspection Services, in escrow, an amount equal to the estimated cost of constructing said Improvements plus ten percent (10%) thereof (hereinafter "Improvements Escrow"). The City Engineer shall determine the amount of the escrow which shall be collected for each building permit issued prior to the installation of the Improvements. In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction with the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean-up Escrow") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Subdivider shall be responsible for the cost of any such clean-up; and to the extent that the Subdivider fails to accomplish erosion clean-up after reasonable notice from the City, the City is hereby authorized but not obligated to do the work and to charge the cost thereof to the Erosion Clean-up Escrow, if adequate, and to charge any excess costs to the Subdivider. if the Erosion Clean-up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean-up Escrow shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean-up and Improvements Escrows have been established, the Building Inspector of the City is authorized to issue a building permit, if the applicant is in compliance with all other applicable requirements and ordinances of the City. Section 6. Occupancv Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 4, the City in its discretion may require the Subdivider, its assigns or successors in interest, to construct and install the Improvements as stated in Section 1, Facilities in Section 2, and the sidewalks as stated in Section 4. Section 7. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements or Facilities Escrow to construct and install such Improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrows, the City shall have a lien and charge against all the lots in the subdivision for the balance of the cost. After the construction and installation of the Improvements or Facilities, the City shall reftnd to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such Improvements. Section 8. Waiver. If the Subdivider, its assigns or successors in interest, sells or conveys lots in the {00348343 21 1'1 Subdivision without first constructing or installing the required Improvements, Facilities, or sidewalks, the City shall have the right to install and construct said Improvements, Facilities, or sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are specifically benefited by the Improvements, so the cost of installing and constructing Improvements shall be a lien and charge against all the lots in the subdivision under Chapter 384 of the 2017 Code of Iowa, as amended. Further, the cost of such costs need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such Improvements. The cost of installing the sidewalks shall be a lien on each lot. It is further agreed that this requirement to construct said Improvements and sidewalks is and shall remain a lien from date of execution and recording of this agreement until properly released, as hereinafter provided. Section 9. Improvements and Sidewalk Releases. The City agrees that when the Improvements have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the subdivision so that the obligations to install the public improvements in this Agreement will not constitute a cloud upon the title of the lots in the subdivision. The Iowa City Mayor and City Clerk are hereby authorized to execute said release, and all other necessary and appropriate releases, with the concurrence of the City Attorney and City Engineer. A separate sidewalk lien release will be issued where appropriate as set forth in Section 4. This section also authorizes the execution of one or more limited release agreements, based on the escrows for improvements as contemplated by Section 4 above and as may be acceptable to the City. Section 10. Storm Water Management Facility Release. If the existing Facilities require modification as described in Section 2, the City agrees to provide a partial release from any liens or clouds on title to the Subdivision by reason of the storm water management obligations, provided the City Engineer certifies that the following conditions and/or events have occurred: 1) The work has been substantially completed on those portions of the development to be released. 2) An escrow account has been established with the City in an amount not less than $5,000 per basin to which the City's lien should attach immediately upon execution or recording of the partial release. 3) Ground cover is established and mowable so that upland area is stable and surface erosion is mitigated. The City agrees to issue a total release of this obligation upon certification by the City Engineer, in writing, that all of the following events and/or conditions have been satisfactorily completed: (a) Permanent ground cover is established and mowable. (b) Erosion and sedimentation are controlled in conformance with the approve plans and specifications. (c) The Facilities are restored to the original design. (00348343 2) 11 (d) All land within the tributary area in the development has been developed. (e) A topographic survey has been performed and it has been verified by a licensed engineer that the stormwater management facilities have the required storage capacity, as evidenced by a signed and sealed certification. Section 11. Street Maintenance and Public Services. The Subdivider agrees that public services, including but not limited to street maintenance, snow removal, and solid waste collection, will not be extended to the subdivision until all streets within the Subdivision as shown on the Final Plat for same are installed and accepted by the City, except for that portion of Rohret Road extending east of Sedona Street. Section 12 Neighborhood Open Space West Side Estates — Phase Two was originally planned as an additional phase to the adjacent Country Club Estates subdivision. The City's Neighborhood Open Space Ordinance requirement for West Side Estates — Phase Two was satisfied with the dedication of 4.7 acres of parkland as part of the phased subdivision of Country Club Estates. Accordingly, no additional neighborhood open space is required for this subdivision. Section 13. Miscellaneous. (a) All electrical, telephone and cable television service and distribution lines shall be installed underground. (b) Prior to issuance of any building permit for any lot in the subdivision, Subdivider shall pay to the City a water main extension fee in the amount of $6,596.77 ($503.57 per acre for 13.10 acres). (c) Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. (d) Subdivider acknowledges that it is bound by the terms and conditions of the Conditional Zoning Agreement entered into by and among Watts Group Construction (Subdivider's predecessor in interest), S&J Development LLP, and the City, recorded September 22, 2017, in Book 5706, at Page 941, of the records of Johnson County, Iowa. (e) Subdivider shall have the obligation to pay fifty percent (50%) of the cost of improving Rohret Road adjacent to the subdivision. The total estimated cost of improving Rohret Road for West Side Estates — Phase Two is $438,368.71, of which Subdivider is required to pay (00348343 2) 11 $219,184.35 as provided herein. Prior to the issuance of a building permit for any lot in West Side Estates — Phase Two, Subdivider shall pay to the City the sum of $219,184.35 for the cost of improving Rohret Road from the westerly edge of West Side Estates - Phase One, to the westerly edge of the Subdivision, or provide a letter of credit for the same amount. Such letter of credit shall provide that the City shall have the right to draw on such letter of credit on demand. Should the letter of credit provided by Subdivider in connection with the improvement of Rohret Road expire prior to Subdivider satisfying its payment obligations hereunder in full, Subdivider shall nevertheless remain obligated to satisfy its payment obligations to the City in connection with the improvement of Rohret Road. In any event, Subdivider shall pay the City the sum of $219,184.35 for Phase Two no later than October 20, 2023. Subdivider previously provided the City with a letter of credit for this obligation arising from the Subdivider's Agreement for West Side Estates- Phase One on the condition that the cash payment be made prior to development of Phase Two. Therefore, prior to issuance of any building permit for any lot in Phase Two, Subdivider shall make payment of $161,121.50 for Phase One, as previously agreed to between the Developer and the City. The City shall return the letter of credit to Developer for Phase One at that time. (f) Outlots "A" and `B" shall be private open space to be used for access, underground utility, storm sewer and sanitary sewer. Both outlots shall be maintained and managed initially by Subdivider, and then subsequently transferred to a homeowner's association to be organized to maintain the common areas within the Subdivision. (g) Lots 55, 64-65, and 72-74 have restrictive minimum low opening (MLO) elevations. Please refer to the approved construction plans on file with the City for the elevations that have been established. (h) Lots 43-52, and 81 shall not have direct access to Rohret Road. easement to be vacated" on the Final Plat, also known as the Access Easement Area and depicted as the "17.00 foot wide ingress and egress easement" in the Permanent Lift Station and On Site and Off Site Access Easement Agreement recorded in Book 4522, Page 122, seq 76-80. The City's vacation shall automatically become effective, without further action or instrument, upon the City's acceptance of the public improvements described in Section 1 herein. Section 14. Binding Effect. This Agreement shall inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the subdivision. [Signature pages to follow] lnnUM41 21 11 Dated this day of October, 2020. WATTS DEVELOPMENT, INC. By: D. Watts, President and Secretary STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this 2 day of October, 2020, by Gary D. Watts, as President and Secretary of Watts Group Development, Inc. 22A a ota ' Public in andors ' tate ,.' �.MM* Y17192,ow res (00348343 2) (Signature page to Subdividers Agreement] JA CITY OF IOWA CITY, IOWA STATE OF IOWA, COUNTY OF JOHNSON) ss: On this AQ day of October, 2020 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Bruce Teague and Kellie Fruehling, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge 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. A��AK Notary Public in and frir said State o W41c, OLNEY _n k" Commission Number 806232 nlhn M Commi si Expires TWA—Sl (00348343 2) [Signature page to Subdividers Agreement] l� Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Ste. 201 Phone (319) 351-2028 Pugh Hagan Prahm, PLC Coralville, IA 52241 FAX (319) 351-1102 OWNER'S CERTIFICATE AND DEDICATION WEST SIDE ESTATES - PHASE TWO IOWA CITY, JOHNSON COUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS: Watts Group Development, Inc., does hereby certify and state that it is the owner of the following described real estate situation in Johnson County, Iowa, to -wit: See Exhibit "A" Watts Group Development, Inc., does further state that the subdivision of said real estate as it appears on the Final Plat of West Side Estates - Phase Two to which this certification and dedication is attached, is with its free consent and in accordance with the desire of said proprietor. The streets and easements in the subdivision, including Lot "A", hereinafter known and designated as West Side Estates - Phase Two, Iowa City, Iowa, are hereby dedicated to the public, as provided by Chapter 354 of the 2020 Code of Iowa, as amended. IN WITNESS WHEREOF, the proprietors have caused these presents to be signed on this 0.0_ day of October, 2020. [Signature pages follow] 100340792} 2 WATTS GRO ELOPMENT, INC. By: Gary . Watts, P sldent and Secretary STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this'�L day of October, 2020, by Gary D. Watts, as President and Secretary of Watts Group Development, Inc. Public in and for said State ,•� #,, ALLISON CURRY : : Commission Number 817192 My Commission Expires June 3, 2022 (00340792) [Signature page to Owner's Certificate and Dedication] �1 EXHIBIT "A" LEGAL DESCRIPTION WEST SIDE ESTATES - PHASE TWO A PORTION OF AUDITOR'S PARCEL 2017097, AND AUDITOR'S PARCEL 2017095 IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, ALL OF TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the North Quarter Corner of Section 24, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, and a Point on the West Line of Auditor's Parcel 2017097, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 214 of the Records of the Johnson County Recorder's Office; Thence N00°06'51"W, along the West Line of said Auditor's Parcel 2017097, a distance of 139.79 feet, to the Northwest Corner thereof; Thence S56°23'25"E, along the North Line of said Auditor's Parcel 2017097, a distance of 51.72 feet, to the Westerly most comer of Auditor's Parcel 2017095, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 213 of the Records of the Johnson County Recorder's Office; Thence N38°59'35"E, along the Northerly Line of said Auditor's Parcel 2017095, and the North Line of said Auditor's Parcel 2017097, a distance of 134.58 feet; -Thence N76 -446'33"E, along the North Line of said Auditor's Parcel 2017097, a distance of 223.03 feet; Thence N69°45'38"E, along said North Line, 38.57 feet, to the Northwest Corner of West Side Estates - Phase One, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 393 of the Records of the Johnson County Recorder's Office; Thence S17°08'27"E, along the West Line of said West Side Estates - Phase One, a distance of 188.90 feet; Thence Northeasterly, 1.92 feet, along said West Line on a 1411.00 foot radius curve, concave Northwesterly, whose 1.92 foot chord bears N72°49'13"E; Thence S17°13'08"E, along said West Line, 123.70 feet; Thence N71°25'19"E, along said West Line, 9.19 feet; Thence S17°33'42"E, along said West Line, 185.49 feet; Thence Northeasterly, 34.86 feet, along said West Line on a 1720.00 foot radius curve, concave Northwesterly, whose 34.86 foot chord bears N71°51'28"E; thence S18°43'22"E, along said West Line, 130.00 feet; Thence S24°35'25"E, along said West Line, 95.00 feet; Thence S31°30'24"E, along said West Line, 168.00 feet, to the Southwest Comer thereof, and a Point on the Southerly Line of said Auditor's Parcel 2017097; Thence S58°29'36"W, along said Southerly Line, 186.37 feet; Thence S58°30'23"W, along said Southerly Line, 657.52 feet, to the Southwest Corner thereof; Thence NOl°18'20"W, along the West Line of said Auditor's Parcel 2017097, a distance of 974.91 feet, to the Point of Beginning. Said West Side Estates - Phase Two contains 13.10 Acres, and is subject to easements and restrictions or record. {003407921 6 CERTIFICATE OF COUNTY TREASURER WEST SIDE ESTATES - PHASE TWO IOWA CITY, IOWA I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby certify that the following described property, also known as West Side Estates - Phase Two, Iowa City, Iowa, is free from taxes or special assessments in the office of the Treasurer of Johnson County, Iowa: See Exhibit "A". Dated at Iowa City, Iowa this VP day of U AA-& 2020. Th�,of — Johnson County, Iowa Parcel Nos.: 1124126002 (00340794) EXHIBIT "A" LEGAL DESCRIPTION WEST SIDE ESTATES - PHASE TWO A PORTION OF AUDITOR'S PARCEL 2017097, AND AUDITOR'S PARCEL 2017095 IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, ALL OF TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the North Quarter Comer of Section 24, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, and a Point on the West Line of Auditor's Parcel 2017097, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 214 of the Records of the Johnson County Recorder's Office; Thence N00°06'51"W, along the West Line of said Auditor's Parcel 2017097, a distance of 139.79 feet, to the Northwest Corner thereof; Thence S56°23'25"E, along the North Line of said Auditor's Parcel 2017097, a distance of 51.72 feet, to the Westerly most corner of Auditor's Parcel 2017095, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 213 of the Records of the Johnson County Recorder's Office; Thence N38°59'35"E, along the Northerly Line of said Auditor's Parcel 2017095, and the North Line of said Auditor's Parcel 2017097, a distance of 134.58 feet; Thence N76°46'33"E, along the North Line of said Auditor's Parcel 2017097, a distance of 223.03 feet; Thence N69°45'38"E, along said North Line, 38.57 feet, to the Northwest Corner of West Side Estates - Phase One, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 393 of the Records of the Johnson County Recorder's Office; Thence S17°08'27"E, along the West Line of said West Side Estates - Phase One, a distance of 188.90 feet; Thence Northeasterly, 1.92 feet, along said West Line on a 1411.00 foot radius curve, concave Northwesterly, whose 1.92 foot chord bears N72°49'13"E; Thence S17°13'08"E, along said West Line, 123.70 feet; Thence N71°25'19"E, along said West Line, 9.19 feet; Thence S17°3342"E, along said West Line, 185.49 feet; Thence Northeasterly, 34.86 feet, along said West Line on a 1720.00 foot radius curve, concave Northwesterly, whose 34.86 foot chord bears N71°51'28"E; thence S18°43'22"E, along said West Line, 130.00 feet; Thence 524'35'25"E, along said West Line, 95.00 feet; Thence S31°30'24"E, along said West Line, 168.00 feet, to the Southwest Comer thereof, and a Point on the Southerly Line of said Auditor's Parcel 2017097; Thence S58°29'36"W, along said Southerly Line, 186.37 feet; Thence 558030'23"W, along said Southerly Line, 657.52 feet, to the Southwest Corner thereof; Thence NOl°18'20"W, along the West Line of said Auditor's Parcel 2017097, a distance of 974.91 feet, to the Point of Beginning. Said West Side Estates - Phase Two contains 13.10 Acres, and is subject to easements and restrictions or record. {00340794} �1 CERTIFICATE OF COUNTY AUDITOR WEST SIDE ESTATES - PHASE TWO IOWA CITY, IOWA I, Travis Weipert, the Johnson County, Iowa, Auditor, hereby approve of West Side Estates - Phase Two, as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: See Exhibit "A". Witness my hand and seal this lk6Q-LP day of ®C oGbe , 2020. Travis WeipeM JohnsonounC ty Auditor r Subscribed and sworn to before me this IMy of Ocre%ite-- 2020, by Travis Weipert, Johnson County Auditor. c!�r., No Public in and for the State of Iowa My Commission Expires: 0' 09 • LG JON C. FOLMAN _ Commission Number 713534 My Commission Fires t1.p4. (00340796) Dated this '2,P day of October, 2020. WATTS OUP DEVELOPMENT, INC. By:2d( Gary D. alts, President and Secretary STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this -2,0— day of October, 2020, by Gary D. Watts, President and Secretary of Watts Group Development, Inc. �w l /INN —Notary Public in and fbrsaid!§&�M- ALLISON CURRY "rTm Commission Number 817192 My Commission Expires O1 June 3, 2022 (00340813) [Signature page to Drainage Easement Agreement] �1 Dated this -2 ' day of October, 2020 ATTEST: 0 Fruehling, City CI'T'Y OF IOWA CITY, IOWA By: ce Teague, Mayor STATE OF IOWA, COUNTY OF JOHNSON) ss: On this -O ' dlay of October, 2020 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Bruce Teague and Kellie Fruehling, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge 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. aZ9� &1� — Notary Public in and fofAaid State =e'uEOLNEY mber806232 Expires \1 d"tloop slgnaNle vedfiotlon: dllp.usluzsbgLV-GGZB I�IDu9LI W1111I W�910 WIItlI1 tullllulWIIIIWB/I�IIuIIY "'00 ID: 027916560011 Type: GEN King%ECI SION Recorded: 12/02/2020 at 10:44:23 I Fee Amt: $57.00 Pape 1 of 11 Johnson county Iowa Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319-3563230 Kim Painter County Recorder DECISION -w6143 PG742-752 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, November 18, 2020 ELECTRONIC MEETING — ZOOM MEETING PLATFORM MEMBERS PRESENT: Gene Chrischilles, Zephan Hazell, Bryce Parker, Amy Pretorius MEMBERS ABSENT: Ernie Cox N G -J IBJ STAFF PRESENT: Sue Dulek, Kirk Lehmann o n OTHERS PRESENT: Andrea Farley, Jon Mamer, Clifford Reif o —an SPECIAL EXCEPTION ITEMS: m ZR 1. EXC20-0002: A public hearing regarding a special exception application sub*tted b&MS Consultants requesting to allow a drive-through facility in a Community Commercial (eC-2) zone for a new coffee shop at 531 Highway 1 West. The Board concludes that the following specific standard found at 14-4C-2Ka will be met. Access and Circulation: The transportation system should be capable of safely supporting the proposed drive-through use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, effects on traffic circulation, access requirements, separation of curb cuts, and pedestrian safety in addition to the following criteria. This is based on the following findings for each sub -criterion: 1) Wherever possible and practical, drive-through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible, the board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of lanes, requiring the drive-through bays and stacking lanes to be enclosed within the building envelope, and similar conditions. The property has access from Highway 1 West via a private shared access point and frontage road on the subject property. The frontage road provides circulation to adjacent commercial and light industrial properties to the east and west. The proposed drive-through lane is not accessed from a primary street. Rather it is accessed from a one-way internal drive which enters from the frontage road on the west side of the property, loops through the middle of the site, and exits onto the frontage road on the east side of the property. 2) To provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited. A proposal for a new curb cut on any street is subject to the standards and restrictions in chapter 5, article C; "Access Management Standards", of this title. • The site currently has a continuous curb cut along the frontage drive. \q dododp slgnatute vu flollon: ddp.usMl l.rICW-GIB The proposed site plan eliminates the continuous curb cut on the frontage drive and replaces it with restricted access via two curb cuts for the entrance and exit. Pedestrian access to the site is currently limited, but a bus stop pad and Highway 1 crosswalk are located approximately 15 feet from the north property line. To provide for safe pedestrian movement, the site plan includes a pedestrian route that connects this pad to the proposed buildings. The site plan shows that the pedestrian route will be clearly demarcated, such as through dyed concrete or alternative paving materials, where it crosses the frontage road and all internal drives. 3) An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six (6) stacking spaces is recommended for drive- through facilities associated with eating establishments and a minimum of four (4) stacking spaces for banking, pharmacies, and similar nonfood related drive-through facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the width of a one lane, one-way drive. The board may reduce the recommended number of stacking spaces if the applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., a drive- through that is to be used for pick up only and not ordering). The site plan shows stacking space for 16 vehicles, 10 vehicles in the standard drive-through lane and an additional 6 in the mobile order bypass lane. This well exceeds the minimum number of required stacking spaces. The entrance to the drive-through lane is also over 150 feet from the frontage road entry, which reduces the chance of impacts from spillover traffic. • Research indicates that coffee shop uses can produce long maximum queue, in excess of 10 cars in high traffic areas. Due to the additional stacking spaces tatid distance of the drive-through lane from the frontage road, queuing is rSpec d to, compromise traffic safety. 4) Sufficient on site signage and pavement markings shall be provided to FAteatec' direction of vehicular travel, pedestrian crossings, stop signs, no entrance*Rgs, and other controls to ensure safe vehicular and pedestrian movement. o c • The site plan indicates directional arrows at all access points to the site'. • Directional signs are shown at each curb cut from the frontage road to direct cars, including an entrance sign, an exit sign, and a do not enter sign. • Pavement markings are shown within the site to denote the different drive-through lanes and direct automobile and truck traffic around and through the site. • Pedestrian crossings are demarcated on the site plan. The Board concludes that the following specific standard found at 14-4C-2Kb will be met regarding Location. This is based on the following findings for each sub -criterion: 1) In the CB -2 zone and in all subdistricts of the riverfront crossings district located east of the Iowa River, drive-through lanes and service windows must be located on a nonstreet-facing facade. In all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street -facing location is preferable for the overall safety and efficiency of the site, does not conflict dodoop slgnafum venfiwlon: dtlp.usfu7s 1-r1CvrGPZF with adjacent uses or pedestrian access, and does not compromise the character of the streetscape or neighborhood in which it is located. • The drive-through lanes and service windows are not on a street -facing fagade. 2) Drive-through lanes must be set back at least ten feet (10) from adjacent lot lines and public rights of way and screened from view according to the design standards below. • Drive-through lanes are set back more than 15 feet from adjacent property lines to the east and west and are much further from the Highway 1 right of way. • Screening is provided along the east and west property lines within the 5 -foot setback. Staff will ensure compliance with the City's screening standards at site plan review. The Board concludes that the following specific standard found at 14-4C-2Kc will be met. Design Standards: The number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located. The board of adjustment may increase or reduce these standards according to the circumstances affecting the site. This is based on the following findings for each sub -criterion: 1) To promote compatibility with surrounding development, the number of drive-through lanes should be limited such that the amount of paving and stacking space does not diminish the design quality of the streetscape or the safety of the pedestrian o environment. c C3 • The site abuts properties with commercial zoning and uses to the each uttond west and is across Highway 1 from properties with commercial zones -a uses to the north. r- • The site plan shows two 11 -foot wide drive-through lanes which meriji*- to a ­single . lane. ry • The proposed drive-through lanes are at the rear and side of the proposed tUlding which limits effects on the streetscape. • Where pedestrian routes cross the frontage road, drive through lanes, and internal access drives, the site plan shows clear demarcations to maximize pedestrian safety. 2) Drive-through lanes, bays, and stacking spaces shall be screened from views from the street and adjacent properties to the 82 standard. If the drive-through is located adjacent to a residential use or property zoned residential, it must be screened from view of these properfies to at least the S3 standard. To preserve the pedestrian oriented character of streets in the CB -2 zone and the riverfront crossings district, the board may require the drive-through to be incorporated within the building or be screened with masonry street walls and landscaping. Street walls shall be a minimum of five feet (5) in height and shall be designed to complement the principal building on the site. • S2 screening is proposed along the east and west property lines within the five-foot setbacks from adjacent properties.. • The property is not adjacent to any residential use or zone. 11 dodoop signature vedflMlom dtip.us ?st-nCw-GPY5 3) Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick up window) should be considered to reduce the amount of idling on the site. • The applicant has proposed a mobile order bypass lane in addition to the primary drive-through lane which contains one order board. • The proposed design includes a second service window. 4) Stacking spaces, driveways, and drive-through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located. • The site plan shows pedestrian access through the site from the bus stop pad and Highway 1 crosswalk, by the coffee shop, and to the bakery. • Pedestrian access twice crosses stacking spaces, driveways, and drive-through windows. Given the width and depth of the lot, vehicular and pedestrian conflicts are minimized to the extent possible. • Automobile and truck traffic are provided through one-way drives to minimize conflicts, though truck traffic may temporarily impede the flow of traffic on internal drives as they maneuver to access the bakery. • Stacking spaces, driveways, and drive-through windows are generally hidden from the streetscape and are consistent with the design of the area. 5) Lighting for the drive-through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties. • Staff shall review any new lighting for the site in compliance with current code standards as part of the site plan review process. 6) (Repealed.) 7) Loudspeakers or intercom systems, if allowed, should be located and direct€d to minimize disturbance to adjacent uses. Special consideration should b4iven ou locations adjacent to residential uses to ensure such systems do not di" Ini h tee residential character of the neighborhood. c �n • Intercom systems in the order boards are directed southeast towards* paming lot' of the adjacent commercial property. There are no adjacent residenti=aj j('$es The Board concludes that the specific proposed exception will not be detrimental to coor- endanger the public health, safety, comfort or general welfare based on the following findings: • There is an existing vacant store located on this site which will be redeveloped as part of the proposed project. • The intersection with Highway 1 is designed to accommodate the levels of traffic generated by large commercial uses. A� dodoop signature wdBtation: ddp.u5PJn1-rjCW-GP,6 The drive-through lane is more than 100 feet from the entrance access drive to Highway 1. The frontage road provides separation from the heavy traffic of Highway 1. Specific criteria findings as discussed above also apply, including those related to vehicle access, drive-through location, and directional signage and markings. The requested drive-through will not endanger the public health, safety, comfort, or general welfare. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • The site has a continuous curb cut the width of the property. The proposed site plan provides better access control to the frontage drive which improves safety. • Vehicular and pedestrian circulation is improved over the current site layout, and conflicts are minimized to the extent possible in light of the proposed continuous pedestrian route and truck access to the bakery. • Access to the property is at a signalized intersection. • The proposed redevelopment will increase car and truck traffic to the site but will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Board concludes that establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located based on the following findings: • The surrounding neighborhood is already fully developed with a mix of commercial and light industrial uses. • Some offsite pedestrian improvements will be needed that connect the Highway crossing to the subject property. This will benefit all property owners in the area. • The proposed site plan aligns in an orderly manner with adjacent properties. • Future redevelopment of adjacent properties will not be impeded. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • Sufficient utilities, access roads, and necessary facilities are established for this neighborhood and can meet the proposed site requirements. • Pedestrian access will be established between the right of way and subject property. • Proposed internal circulation is sufficient for vehicular, pedestrian, and truck access to all proposed buildings. • A stormwater drainageway currently flows through the south side of the site and along the east property line. During site plan review, a storm sewer or culvert will need to be included underneath the parking area to accommodate stormwater flow, along with an overland flow route if the storm sewer is clogged or over capacity. The City mysA be granted a drainage easement for this drainageway prior to site plan approval. „ • Additional easements for the City maybe required for the public water j3gi9 and hydrant on the north side of the property prior to site plan approval. Y:'- r- o=o z. dodoop signature vetlflratlon: dtlpysNzsr-,iCv: GGx5 The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • The proposal better controls access to the frontage drive than the current site and is near a controlled signalized intersection with capacity to handle trips generated by the use. • There is adequate space for 19 vehicles to stack in the drive-through lanes with additional space on the internal circulation drive. While coffee service is known to produce longer queues, the site plan as proposed will not affect ingress or egress on public streets. • Pedestrian access will be established between the right of way and subject property. • The site contains adequate space for delivery vehicles to enter the site and maneuver. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: Staff will ensure the site design conforms with all other applicable zoning standards and regulations, including screening and street tree requirements, during the site plan review. The site contains several mature trees which may constitute a grove. Some trees may be removed with the construction of the bakery. The applicant will need to perform a site inspection prior to submittal of a site plan to determine if a sensitive areas review is required. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map of the Comprehensive Plan designates this area for General Commercial. The Future Land Use Map of the South Central District Plan designates this area for Retail/Community Commercial with a strip of open space along Highway 1 and possible Intensive or Highway Commercial along Ruppert Road. • The Comprehensive Plan supports planning for commercial development in defined commercial nodes as identified in District Plans to meet the needs of the present and future population. The District Plan also discusses the importance of upgrading landscaping and creating pedestrian access. • The current land use of this property is consistent with the Comprehensive and District Plans and will not change because of the proposed special exception. • The proposed drive-through and bakery are consistent with the Comprehensive Plan. DISPOSITON: By a vote of 3-0 (Parker abstaining due to missing the beginning Q,fjhe public hearing), the Board approved a drive-through facility in a Community Corpriercidl:�CC-2) zone for the property located at 531 Highway 1 West, subject to the followi0gcorptions: 1. Substantial 'compliance to site plan dated November 6, 2020. C `Z r<r uo C..) C CJ l� d"do"psignaturevedticatlon:otlp.usW?st rlw: GPa 2. Offsite pedestrian improvements shall be approved by the City Engineer prior to site plan approval and installed by the developer at the developer's expense prior to the issuance of a certificate of occupancy. 3. The owner must grant the City a drainage easement for stormwater. The easement area must be approved by the City Engineer, terms approved by the City Attorney, and the easement granted to the City prior to site plan approval. 4. The owner must grant the City additional easements for the public water main and hydrant on the north side of the property if required by the City Engineer. The easement area must be approved by the City Engineer, terms approved by the City Attorney, and the easement granted to the City prior to site plan approval. 2. EXC20-0003: A public hearing regarding a special exception application submitted by MMS Consultants requesting to allow a general manufacturing use of between 5,000 and 15,000 square feet in a Community Commercial (CC -2) zone for a new bakery at 531 Highway 1 West. The Board concludes that the proposed use is limited to a "cottage industry" as defined in chapter 9, article A, "General Definitions", of this title based on the following findings: Chapter 9, Article A defines a cottage industry as "A firm that manufactures and/or assembles goods that are intended for retail sale to the general public. The goods may also be sold at wholesale to other outlets or firms, but retail sales is (sic) a significant component of the operation. The manufacturing component for such a firm is small in scale. Size limitations may apply to such uses in commercial zones to keep the uses in scale and character with surrounding land uses." The proposed general manufacturing facility will provide baked goods to other coffeeshops for direct retail sale. The manufacturing component complies with the size limitations as required in these standards, and surrounding properties are commercial and light industrial uses. The proposed use meets the City's definition of a "cottage industry" The Board concludes that the proposed use is limited to five thousand (5,000) square feet of gross floor area, excluding floor area devoted to other principal or accessory uses, except as provided in subsection C1e of this section based on the following findings: • The proposed use is 14,922 square feet, but it meets the exception as provided in subsection C1e of this section (below). The Board concludes that the proposed use meets the performance standards for offtite impacts contained in chapter 5, article H, "Performance Standards", of this title (the 01y may require certification of compliance from a registered professional engineer orother ggglifiad person) based on the following findings: n- CJ • Beyond administrative provisions, Chapter 5, article H Performance Stands *ludd , Noise (14-5H-4), Air Quality Standards (14-5H-5), Odor (14-5H-6), Vibmti�n' and Storage of Combustible and Flammable Materials (14-5H-8). • The proposed use in this case is a bakery, so no significant issues relatdd to air -3 quality, noise, odor, vibrations, or combustible materials are expected. _ �t dodoop signature vedOcadon: d0p.usIUn1 jCV+GPx8 • While there maybe minor impacts caused by truck traffic accessing the bakery, nearby properties do not contain potentially sensitive uses. • Staff shall ensure the proposed use meets the performance standards for offsite impacts as part of the site plan review process. The Board concludes that the following criteria is met: The following general manufacturing uses are prohibited: (1) The manufacturing of chemicals and allied products; (2) Any manufacturing establishment that includes milling or processing of grain; (3) Leather tanning; (4) Manufacturing of motor vehicles; (5) Manufacture or processing of rubber or plastics; and (Q) Textile mills. This is based on the following finding: • The proposed use is a bakery which will provide baked goods to eating establishments. This is not a prohibited use. The Board concludes the following criteria (subsection C1e as referenced above) is met: The limit on floor area for a proposed use may be increased from five thousand (5,000) square feet up to fifteen thousand (15,000) square feet by special exception. This is based on the following finding: • The proposed use is 14,922 square feet of floor area as allowed in this subsection upon approval of a special exception. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • There is an existing vacant store located on this site which will be redeveloped as part of the proposed project. • The intersection with Highway 1 is designed to accommodate the levels of traffic generated by large commercial uses. • The drive-through lane is more than 100 feet from the entrance access drive to Highway 1. • The frontage road provides separation from the heavy traffic of Highway 1. • Specific criteria findings as discussed above also apply, including those related to vehicle access, drive-through location, and directional signage and markings. The requested drive-through will not endanger the public health, safety, comfort, or general welfare. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • The site has a continuous curb cut the width of the property. The pro pppps�ed sielan provides better access control to the frontage drive which improves sa�ieiy, -b • Vehicular and pedestrian circulation is improved over the current site 1aj t, add conflicts are minimized to the extent possible in light of the proposed fidnfinuous pedestrian route and truck access to the bakery. -' `- • Access to the property is at a signalized intersection. i w Al tlotloop signature verification:dtlp.uslUZA FiCv-GP%e • Staff will ensure the site design conforms with all other applicable zoning standards and regulations, including screening and street tree requirements, during the site plan review. • The site contains several mature trees which may constitute a grove. Some trees may be removed with the construction of the bakery. The applicant will need to perform a site inspection prior to submittal of a site plan to determine if a sensitive areas review is required. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map of the Comprehensive Plan designates this area for General Commercial. The Future Land Use Map of the South Central District Plan designates this area for Retail/Community Commercial with a strip of open space along Highway 1 and possible Intensive or Highway Commercial along Ruppert Road. • The Comprehensive Plan supports planning for commercial development in defined commercial nodes as identified in District Plans to meet the needs of the present and future population. The District Plan also discusses the importance of upgrading landscaping and creating pedestrian access. • The current land use of this property is consistent with the Comprehensive and District Plans and will not change because of the proposed special exception. • The proposed drive-through and bakery are consistent with the Comprehensive Plan. DISPOSITON: By a vote of 3-0 (Parker abstaining due to missing the beginning of the public hearing), the Board approved a general manufacturing use of between 5,000 and 15,000 square feet in a Community Commercial (CC -2) zone for the property located at 531 Highway 1 West, subject to the following conditions: 1. Substantial compliance to site plan dated November 6, 2020. 2. Offsite pedestrian improvements shall be approved by the City Engineer prior to site plan approval and installed by the developer at the developer's expense prior to the issuance of a certificate of occupancy. 3. The owner must grant the City a drainage easement for stormwater. The easement area must be approved by the City Engineer, terms approved by the City Attorney, and the easement granted to the City prior to site plan approval. 4. The owner must grant the City additional easements for the public water main and. hydrant on the north side of the property if required by the City Engineer. The easement area must be approved by the City Engineer, terms approved by the City Attorney, and the easement granted to the City prior to site plan approval. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applic�it 9tion^shall expire six (6) months from the date they were filed with the City Clerk, unt re aRicatiq shall have taken action within such time period to establish the use or constmotthec .) improvement authorized under the terms of the Board's decision. City Code �9ection'- 4-8C 1E, City of Iowa City, Iowa. s l t ca N 1� dogoop signature verification; ddp.uaUubry@;-GF,B • The proposed redevelopment will increase car and truck traffic to the site but will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Board concludes that establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located based on the following findings: • The surrounding neighborhood is already fully developed with a mix of commercial and light industrial uses. • Some offsite pedestrian improvements will be needed that connect the Highway crossing to the subject property. This will benefit all property owners in the area. • The proposed site plan aligns in an orderly manner with adjacent properties. • Future redevelopment of adjacent properties will not be impeded. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • Sufficient utilities, access roads, and necessary facilities are established for this neighborhood and can meet the proposed site requirements. • Pedestrian access will be established between the right of way and subject property. • Proposed internal circulation is sufficient for vehicular, pedestrian, and truck access to all proposed buildings. • A stormwater drainageway currently flows through the south side of the site and along the east property line. During site plan review, a storm sewer or culvert will need to be included underneath the parking area to accommodate stormwater flow, along with an overland flow route if the storm sewer is clogged or over capacity. The City must be granted a drainage easement for this drainageway prior to site plan approval. • Additional easements for the City may be required for the public water main and hydrant on the north side of the property prior to site plan approval. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • The proposal better controls access to the frontage drive than the current site and is near a controlled signalized intersection with capacity to handle trips generated by the use. • There is adequate space for 19 vehicles to stack in the drive-through lanes with additional space on the internal circulation drive. While coffee service is known to produce longer queues, the site plan as proposed will not affect ingress or egress on public streets. • Pedestrian access will be established between the right of way and subject property. • The site contains adequate space for delivery vehicles to enter the site and maneuver. The Board concludes that except for the specific regulations and standards applicEkip to the exception being considered, the specific proposed exception, in all''other respects, Wnforms• to the applicable regulations or standards of the zone in which it is to be loca eba! 4T on the following findings: C- ^ C-) � W O -fin t ca r t� dotloop signature verification: d[1p.us/Ust-ricw-GPxfi �f aoto Med �ucG Yi NG Q Amy Pretorius, Chairperson STATE OF IOWA JOHNSON COUNTY Approve City Attorney's Office I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 18`h day of November, 2020 as the same appears of record in my Office. Dated at Iowa City, this �J001 day of YJ oye- eA— , 20%C7 Kelli K. Fr ling, C Clerk J 1% dodl signature verification; Fe e 1111111 NIN III IIII I VIII VIII INII VIII INII VIII lull VIII Illh VIII IIII IIII Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington Iowa City, IA 52240; 319-356-5230 Doc ID: 027934640020 Type: GEN Kind: DECISION - Recorded: 12/18/2020 at 12:49:36 PM DECISION Fee Amt: $102.00 Page 1 of 20 Johnson County Iowa IOWA CITY BOARD OF ADJUSTMENT Kim Painter County Recorder WEDNESDAY, DECEMBER 9, 2020 BK6151 PG514-533 ELECTRONIC MEETING —ZOOM MEETING PLATFORM MEMBERS PRESENT: Gene Chrischilles, Zephan Hazell, Bryce Parker, Amy Pretorius MEMBERS ABSENT: Ernie Cox STAFF PRESENT: Sue Dulek, Kirk Lehmann, Anne Russett OTHERS PRESENT: Cady Gerlach, Kirsten Frey, Ryan Wade, Kevin Monson, DebraMcFall- Wallerich, Calisse McPherson, Katie Ford SPECIAL EXCEPTION ITEMS: 1. EXC20-0004: A public hearing regarding a special exception application submitted byQ4-M Civil Design, LLC to allow a drive-through facility in a Community Commercial (CC -2) zone for the purpose of reusing a vacant building with a coffeeshop and apartment at 1120 N. Dodge Street. The Board concludes that the following specific standard found at 14-4C-2Ka will be met. Access and Circulation: The transportation system should be capable of safely supporting the proposed drive-through use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, effects on traffic circulation, access requirements, separation of curb cuts, and pedestrian safety in addition to the following criteria. This is based on the following findings for each sub -criterion: 1) Wherever possible and practical, drive-through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible, the board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of lanes, requiring the drive-through bays and stacking lanes to be enclosed within the building envelope, and similar conditions. The site plan shows a one-way internal access drive entering from an existing curb cut on North Dodge Street and exiting to St. Mathias Alley to the south. A condition be imposed for substantial compliance to the submitted site plan in Attachment 3 of the staff report to ensure adequate circulation. The one-way drive-through lane is entered from the internal access drive and exits onto S. Mathias Alley on the east. 2) To provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited. A proposal for a new curb cut on any street is subject to the standards and restrictions in chapter 5, article C, "Access Management Standards", of this title. 9 The proposed use utilizes existing curb cuts on North Dodge Street. Cotimp signature venfitation: • A condition be imposed that St. Mathias Alley be improved to City standards as part of this project to accommodate increased traffic and allow adequate flow to and from the site. • Two new access points are proposed to St. Mathias Alley, one to the south and one to the east. 3) An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six (6) stacking spaces is recommended for drive- through facilities associated with eating establishments and a minimum of four (4) stacking spaces for banking, pharmacies, and similar nonfood related drive-through facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the width of a one lane, one-way drive. The board may reduce the recommended number of stacking spaces if the applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., a drive- through that is to be used for pick up only and not ordering). • The site plan shows stacking space for 6 vehicles, which meets the minimum number required. • The entrance to the drive-through lane is more than 100 feet from North Dodge Street, which provides room for spillover traffic. • The proposed use is for pick-up only and not for ordering and this be imposed as a condition. • Research indicates that coffee shop uses can produce long maximum queues, in excess of 10 cars in high traffic areas. • The nature of the business and room for spillover traffic provides enough stacking spaces for the proposed use. 4) Sufficient on site signage and pavement markings shall be provided to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement. • The site plan shows directional arrows at the entrances and throughout the site, in addition to "do not enter' signs at all exits. A condition be imposed for substantial compliance to the submitted site plan in Attachment 3 of the staff report to ensure adequate signage and pavement markings. • Pedestrian paths are clearly demarcated. The Board concludes that the following specific standard found at 14-4C-2Kb will be met regarding Location. This is based on the following findings for each sub -criterion: 1) In the CB -2 zone and in all subdistricts of the riverfront crossings district located east of the Iowa River, drive-through lanes and service windows must be located on a nonstreet-facing facade. In all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street -facing location is preferable for the overall safety and efficiency of the site, does not conflict with adjacent uses or pedestrian access, and does not compromise the character of the stieetscape or neighborhood in which it is located. o The drive-through lanes and service windows are not on a street -facing facade. W EoUoop signature verification:. 2) Drive-through lanes must be set back at least ten feet (10') from adjacent lot lines and public rights of way and screened from view according to the design standards below. The site plan shows the proposed drive-through lane on the east side of the property with no setback from St. Mathias Alley. Because this project reuses an existing building in a CC -2 zone that is not historic, the criterion will need to be waived through the Commercial Reuse Exception provision (See EXC 20-006 below). Should the Commercial Reuse exception be approved, a condition be imposed that adequate separation and/or screening be required between the drive-through lane and the property to the east, as determined by the City Engineer and Director of Neighborhood and Development Services. The Board concludes that the following specific standard found at 14-4C-2Kc will be met. Design Standards: The number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located. The board of adjustment may increase or reduce these standards according to the circumstances affecting the site. This is based on the following findings for each sub -criterion: 1) To promote compatibility with surrounding development, the number of drive-through lanes should be limited such that the amount of paving and stacking space does not diminish the design quality of the streetscape or the safety of the pedestrian environment. • The site is surrounded by Community Commercial (CC -2) zones to the north and west, and by Low -Density Multi -Family Residential (RM -12) zones to the east and south. Surrounding uses include commercial (Hy -Vee), institutional (St. Joseph;, Cemetery), and a single-family residence. Generally, these uses are compatible with the proposed use. • The site plan shows a single 9- to 9.5 -foot wide drive-through lane which; is located at the south and east sides of the property, limiting impacts on the streets We and on the single-family use to the west. • The sidewalk along North Dodge Street and the continuous pedestrian route through the site do not cross the drive-through lane. 2) Drive-through lanes, bays, and stacking spaces shall be screened from views fro?n the street and adjacent properties to the S2 standard. If the drive-through is located adjacent to a residential use or property zoned residential, it must be screened from view of these properties to at least the S3 standard. To preserve the pedestrian oriented character of streets in the CB -2 zone and the riverfront crossings district, the board may require the drive-through to be incorporated within the building or be screened with masonry street walls and landscaping. Street walls shall be a minimum of five feet (5') in height and shall be designed to complement the principal building on the site. • The drive-through lane is adjacent to property zoned RM -12 to the east and south, which would require screening to the S3 standard. However, these properties contain a cemetery use rather than a residential use. 16\ dotloep signature veriBcadon: Because this project reuses an existing, non -historic building in a CC -2 zone, the criterion will need to be waived through the Commercial Reuse Exception provision (see EXC 20-006 below). Should the Commercial Reuse exception be approved, a condition be imposed providing for separation and/or screening between the drive-through lane and the property to the east, as determined by the City Engineer and Director of Neighborhood and Development Services prior to issuance of a building permit. 3) Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick up window) should be considered to reduce the amount of idling on the site. • The site plan shows a single pick-up window because the proposed use is pick-up only. This will reduce the amount of idling on the site. 4) Stacking spaces, driveways, and drive-through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located. Automobile traffic is directed through one-way drives on the site, while pedestrian access is provided on sidewalks, which minimizes onsite conflicts. Where the drive-through lane exits onto St. Mathias Alley, drivers must cross potential inbound traffic. However, St. Mathias Alley experiences limited use because it is not currently connected to the west. In addition, the exit is curved to limit head-on conflicts and St. Joseph's Cemetery has additional access points. Stacking spaces, driveways, and drive-through windows are generally hidden from the streetscape. 5) Lighting for the drive-through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties. • Staff shall review any new lighting for the site in compliance with current code standards as part of the site plan review process. C `8) (Repealed.) 7) Loudspeakers or intercom systems, if allowed, should be located and directed to err inimiz$ disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to ensure such systems do not diminish the 'residential character of the neighborhood. 1 There are no loudspeakers or intercom systems. A condition be imposed that the drive-through remain pick-up only. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: 1C\ Qotloop signature verification: • The proposed multi -family use and related waivers from zoning standards will have no effect on health, safety, comfort, or general welfare. • The proposed drive-through and related exceptions will increase vehicular traffic to the site, but access to, through, and around the site will be enhanced due to site and alley improvements. • Conflicts may be created where the drive-through lane exits onto St. Mathias Alley, but these are mitigated through careful design, signage, and pavement markings. • It may be difficult in the morning for vehicles leaving St. Mathias Alley to turn left towards Iowa City due to in -bound traffic, but no more so than it would be for other potentially allowed uses in a CC -2 zone. • Effects of decreased screening and setbacks on the east side of the site are partially mitigated by existing landscaping and buildings at St. Joseph's, and they will be further mitigated by the conditions imposed. • The site plan shows the removal of two trees. The City declared a state of climate crisis and established carbon emission reduction goals on August 6, 2019. Trees are important to climate mitigation and adaptation, so a condition is imposed that any trees removed be replaced onsite as approved by the City Forrester. • Overall, the exceptions will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • The proposed uses are compatible with those of nearby properties. • The proposed site developments and occupancy of the proposed site will not diminish or impair property values in the neighborhood. • Screening and/or separation on the east property line, as determined by the City and as a condition imposed, will mitigate impacts to the cemetery. • The proposed exceptions will not injure the use or enjoyment of nearby properties. The Board concludes that establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located based on the following findings: • The surrounding area is already fully developed with a mix of institutional, commercial, and residential uses in commercial and multi -family zones, and only the property to the east currently utilizes the alley. A mixed-use coffeeshop with a multi -family unit is compatible with these uses and zoning districts • Offsite improvements to St. Mathias Alley will benefit property owners that utilize the alley through improved circulation. • Abutting properties will be separated by adequate setbacks so as not to affect any future work on their property, and requested exceptions for uses and waivers will not impede normal and orderly redevelopment of surrounding properties. The Board concludes that adequate utilities, access roads, drainage and/or necessaT facilities have been or are being provided based on the following findings: v r`� ILI dotimp signature verifiwtfon: Sufficient utilities, primary streets, and necessary facilities are established for this neighborhood and can meet the proposed site requirements. Proposed internal circulation will be sufficient for vehicular and pedestrian access to the renovated building, with improvements to St. Mathias Alley (which will include but is not limited to obtaining a temporary construction easement from the adjacent property owner). Stormwater must be mitigated per City Code to avoid downslope impacts to the south (which will include but is not limited to obtaining a permanent stormwater drainage easement from the adjacent property owner). The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: The one-way drive through the site and the exits onto St. Mathias Alley consolidate potential conflicts on North Dodge and provide for adequate ingress and egress. St. Mathias Alley will carry two-way traffic, so clear signage and pavement markings as shown on the site plan are necessary to control traffic. The development will increase traffic to the site. However, the design minimizes impacts on North Dodge Street by concentrating outbound traffic to a single point at St. Mathias Alley. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following finding: • Staff will ensure the site design conforms with all other applicable zoning standards and regulations during the site plan review, and additional reviews by the City Engineer and Director of Neighborhood and Development Services. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map of the Comprehensive Plan designates this area for General Commercial. The Future Land Use Map of the North District Plan designates this area for Retail/Community Commercial. • The Comprehensive Plan supports commercial development in "defined commercial nodes, including small-scale neighborhood commercial centers" and encourages retaining and expanding local businesses. • The North District Plan supports locating medium -density housing "in areas with good access to arterial streets" that are "close to neighborhood commercial areas". It also encourages focusing "commercial activity in existing nodes along major arterial streets" and cites the nearby mixed-use Hilltop Tavern as a desirable prototype. •. The proposed land use allowed by these special exceptions is consistent with the `' Comprehensive and North District Plans. Cotloop signature verigtabon: DISPOSITON: By a vote of 4-0, the Board approved a drive-through facility in a Community Commercial (CC -2) zone for the property located at 1120 North Dodge Street, subject to the following conditions: 1. Substantially comply with the site plan dated November 3, 2020 (which will include but is not limited to obtaining a permanent stormwater drainage easement from the adjacent property owner as required by the City's stormwater management code); 2. Prior to site plan approval, obtain a temporary use of right-of-way permit with the City along the west side of St. Mathias Alley for the length of the drive-through lane, as specified by the City Engineer and approved by the City Attorney's Office; 3. Plant at least one new tree onsite for every tree removed, the location and species of which must be approved by the City Forester prior to site plan approval; 4. Improve St. Mathias Alley abutting the property to the east and south, and any sidewalk crossings, as determined by the City Engineer prior to site plan approval. Improvements must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy (which will include but not is not limited to obtaining a temporary construction easement from the adjacent property owner); 5. Provide for screening to the east and/or separation between the drive-through lane and St. Mathias Alley, as determined by the City Engineer and approved by the Director of Neighborhood and Development Services prior to site plan approval. These must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy; 6. No loudspeaker or order board for the drive-through use may be installed; and 7. The drive-through must remain pick-up only. 2. EXC20-0005: A public hearing regarding a special exception application submitted by J+M Civil Design, LLC to allow a multi -family use in a Community Commercial (CC -2) zone for the purpose of reusing a vacant building with a coffeeshop and apartment at 1120 N. Dodge Street. The Board concludes that the proposed dwelling units will be located above the street level floor of a building, except as provided in subsections A7e and A7f of this section based on the following finding: The dwelling unit is proposed to be above the street level floor of the building. The Board concludes that the proposed use complies with the residential density standards for multi -family uses in commercial zones as stated in section 14-2C-4, "Dimensional Requirements", table 2C -2(c) of this title based on the following findings: The minimum lot area per unit is 2,725 square feet for efficiency, one -bedroom, Drid two-bedroom units and is 1,315 for three-bedroom units. The property is 12,320 square feet and will contain one dwelling unit, which complies with the residential density standards in Table 2C -2(c). JA dotloop signature v riftcabon: The Board concludes that the specific residential entrances standards found at 14 -4B -4A -7c will be met based on the following findings for each sub -criterion: (1) To provide safe access for residents within a mixed use building, any building containing a residential use must have at least one door on the exterior of the building that provides pedestrian access to the dwelling units within the building. Said entrance must be located on a building wall that faces a street, public sidewalk, or pedestrian plaza and is visible from and easily accessed from said street, sidewalk, or plaza. Access to dwelling units must not be solely through a parking garage or from an alley. The building has an exterior door that faces the street, but it does not provide access to the dwelling unit. The entrance to the dwelling unit does not face a street, public sidewalk, or pedestrian plaza, but it is easily accessed from the street by a private sidewalk on the property that provides safe access for residents. Because this project reuses an existing building in a CC -2 zone that is not historic, this criterion will need to be waived through the Commercial Reuse Exception provision (See EXC 20-006 below). (2) Access to entrance doors of any individual dwelling units located above the ground level floor of a building must be provided from an enclosed lobby or corridor and stairway. Unenclosed or partially enclosed exterior stairways are prohibited. However, the city may allow exterior fire egress structures on existing buildings that cannot otherwise reasonably meet code requirements, provided the fire egress structure is not located on a wall of a building that faces a street. • Access to the entrance of the dwelling unit is enclosed. (3) To facilitate commercial uses at the street level, the ground level floor height should be no more than one foot (1') above the level of the abutting sidewalk or pedestrian plaza. On sloping building sites and for existing buildings, the city may adjust this requirement. However, on sloping sites at least a portion of the ground level floor height of any new building must be located no more than one foot (1') above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground level floor of the building must be no more than three feet (3') above the level of the abutting public sidewalk or pedestrian plaza at any point along a street -facing building facade. • The ground level floor height is approximately 1 foot above the level of the abutting sidewalk, though this requirement may be adjusted due to it being an existing building and the slope of the site. • No portion of the ground level is proposed to be more than 3 feet above the level of the abutting public sidewalk. The Board concludes that the specific standards for ground level floor of building found at 144B4A-7d will be met based on the following findings for each sub -criterion: (1) On the ground level floor, the floor to ceiling height must be at least fourteen feet The ground level floor -to -ceiling height is 8.5' in this building. 1% potlow signature wrikation: . • Because this project reuses an existing, non -historic building in a CC -2 zone, this criterion will need to be waived through the Commercial Reuse Exception provision (See EXC 20-006 below). (2) For the ground level floor of the building, construction must meet the building code specifications for commercial uses. • The building is an existing structure. • Staff will ensure that any improvements that require a building permit meet the building code specifications for commercial uses. • Sprinklers will be required as part of the building permit process. (3) In the CB -10 zone, for the first two (2) floors of a building, construction must meet the building code specifications for commercial uses. • The property is not zoned CB -10, so this criterion is not applicable. The Board concludes that the following criteria is met: In the CB -5 and CB -10 zones, except as provided in subsection A7e(4) of this section and except as allowed by subsection A7f of this section, the board of adjustment may grant a special exception for multi -family dwellings to be located on or below the street level floor of a building, provided that additional criteria found at 1446 -4A -7e are met. This is based on the following finding: • The property is not zoned CB -5 or CB -10, so these criteria are not applicable. The Board concludes that the following criteria is met: For properties zoned CB -5 located within the area bounded by Gilbert Street, Van Buren Street, Burlington Street and the midblock alley south of Jefferson Street, residential uses are allowed on the ground level floor of buildings, provided that additional criteria found at 14 -4B -4A -7f are met. This is based on the following finding: The property is not zoned CB -5, so these criteria are not applicable. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The proposed multi -family use and related waivers from zoning standards will have no effect on health, safety, comfort, or general welfare. • The proposed drive-through and related exceptions will increase vehicular traffic to the site, but access to, through, and around the site will be enhanced due to site and alley improvements. • Conflicts may be created where the drive-through lane exits onto St. Mathias, Alley, but these are mitigated through careful design, signage, and pavement markings. • It may be difficult in the morning for vehicles leaving St. Mathias Alley to turn left towards Iowa City due to in -bound traffic, but no more so than it would be for other potentially allowed uses in a CC -2 zone. 1� dodoop signature verification: Effects of decreased screening and setbacks on the east side of the site are partially mitigated by existing landscaping and buildings at St. Joseph's, and they will be further mitigated by the conditions imposed. The site plan shows the removal of two trees. The City declared a state of climate crisis and established carbon emission reduction goals on August 6, 2019. Trees are important to climate mitigation and adaptation, so a condition is imposed that any trees removed be replaced onsite as approved by the City Forrester. Overall, the exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • The proposed uses are compatible with those of nearby properties. • The proposed site developments and occupancy of the proposed site will not diminish or impair property values in the neighborhood. • Screening and/or separation on the east property line, imposed as a condition and, as determined by the City, will mitigate impacts to the cemetery. • The proposed exceptions will not injure the use or enjoyment of nearby properties. The Board concludes that establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located based on the following findings: The surrounding area is already fully developed with a mix of institutional, commercial, and residential uses in commercial and multi -family zones, and only the property to the east currently utilizes the alley. A mixed-use coffeeshop with a multi -family unit is compatible with these uses and zoning districts Offsite improvements to St. Mathias Alley will benefit property owners that utilize the alley through improved circulation. Abutting properties will be separated by adequate setbacks so as not to affect any future work on the properties, and requested exceptions for uses and waivers will not impede normal and orderly redevelopment of surrounding properties. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • Sufficient utilities, primary streets, and necessary facilities are established for this neighborhood and can meet the proposed site requirements. • Proposed internal circulation will be sufficient for vehicular and pedestrian access to the renovated building, with improvements to St. Mathias Alley (which will include but is not limited to obtaining a temporary construction easement from the adjacent property owner). i Stormwater must be mitigated per City Code to avoid downslope impacts to the south (which will include but is not limited to obtaining a permanent stormwater drainage easement from the adjacent property owner). 1� Aotlii signature verification: r The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: The one-way drive through the site and exits onto St. Mathias Alley consolidate potential conflicts on North Dodge and provide for adequate ingress and egress. St. Mathias Alley will carry two-way traffic, so clear signage and pavement markings as shown on the site plan are necessary to control traffic. The development will increase traffic to the site. However, the design minimizes impacts on North Dodge Street by concentrating outbound traffic to a single point at St. Mathias Alley. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following finding: • Staff will ensure the site design conforms with all other applicable zoning standards and regulations during the site plan review, and additional reviews by the City Engineer and Director of Neighborhood and Development Services. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map of the Comprehensive Plan designates this area for General Commercial. The Future Land Use Map of the North District Plan designates this area for Retail/Community Commercial. • The Comprehensive Plan supports commercial development in "defined commercial nodes, including small-scale neighborhood commercial centers" and encourages retaining and expanding local businesses. • The North District Plan supports locating medium -density housing "in areas with good access to arterial streets" that are 'close to neighborhood commercial areas". It also encourages focusing `commercial activity in existing nodes along major arterial streets" and cites the nearby mixed-use Hilltop Tavern as a desirable prototype. • The proposed land use allowed by these special exceptions is consistent with the Comprehensive and North District Plans. DISPOSITON: By a vote of 4-0, the Board approved a multi -family use in a Community Commercial (CC -2) zone for the property located at 1120 N. Dodge Street, subject to the following conditions: 1. Substantially comply with the site plan dated November 3, 2020 (which will include but is not limited to obtaining a permanent stormwater drainage easement from the adjacent property owner as required by the City's stormwater management code); 2. Prior to site plan approval, obtain a temporary use of right-of-way permit with the City along the west side of St. Mathias Alley for the length of the drive-through lane, ass' specified by the City Engineer and approved by the City Attorney's Office;-: 1% dotloop signature verification: 3. Plant at least one new tree onsite for every tree removed, the location and species of which must be approved by the City Forester prior to site plan approval; 4. Improve St. Mathias Alley abutting the property to the east and south, and any sidewalk crossings, as determined by the City Engineer prior to site plan approval. Improvements must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy (which will include but not is not limited to obtaining a temporary construction easement from the adjacent property owner); 5. Provide for screening to the east and/or separation between the drive-through lane and St. Mathias Alley, as determined by the City Engineer and approved by the Director of Neighborhood and Development Services prior to site plan approval. These must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy; 6. No loudspeaker or order board for the drive-through use may be installed; and 7. The drive-through must remain pick-up only. 3. EXC20-0006: A public hearing regarding a special exception application submitted by J+M Civil Design, LLC to permit flexibility through the Commercial Reuse Exception in a Community Commercial (CC -2) zone for the purpose of reusing a vacant building with a coffeeshop and apartment at 1120 N. Dodge Street. The following standards were requested to be waived through the Commercial Reuse provision: 1. General setbacks and screening requirements for the drive-through lane on the east property line (14 -2C -6D-3 & 14 -2C -6G); 2. 10' setbacks for drive-through lanes on the east and south property line (14 -4C -2K - 3b(2)); 3. S3 screening for drive-through lanes on the east property line (144C -2K -3c(2)); 4. A residential entrance on the front multi -family buildings in CC -2 zones (14-4B4A-7c(1)); and 5. A ground level floor -to -ceiling height of 14' for multi -family uses in CC -2 zones (14 -4B - 4A -7d (1)). The Board concludes that the exceptions are necessary due to existing building or site constraints that make it difficult to meet those standards based on the following findings: • The existing structure was initially built in 1895 with a major addition constructed in 2003, both of which were completed prior to the City's current zoning code. • The east portion of the building was partially within the St. Mathias Alley public right-of- way. This was corrected when the City vacated a portion of the alley (VAC20-0002), approved by City Council on December 1, 2020. • The location of the building on the site makes it difficult to meet setback and screening -standards for the drive-through because there is not enough space between the drive- through lane and the alley to accommodate them. • _ To mifigate this, a condition be imposed that separation and/or screening be provided to the east as determined by the City. A dotloop signature verification: • Because the building was laid out prior to the current zoning code, it is difficult to meet standards related to the ground level floor -to -ceiling height and the location of entrances required for multi -family uses. The Board concludes that the exceptions will be compatible with and/or complementary to adjacent development in terms of building mass and scale, relative amount of open space, traffic circulation, general layout, and lighting based on the following findings: • The building mass and scale, and the site layout, will not change due to the proposed project. • Open space will be reduced on the south side of the property, but it will comply with open space standards for multi -family uses. • The proposed project will improve traffic circulation because it will create a route through the site, and alley improvements will carry anticipated traffic. • A condition be imposed that the owner obtain a temporary use of right-of-way permit with the City for St. Mathias Alley to provide space to separate and/or screen the drive- through lane from the alley, as approved by the City. • Staff will review lighting during site plan review to ensure it is compatible with adjacent development. • The exceptions related to the multi -family and drive-through uses are compatible to adjacent development with the conditions imposed. The Board concludes that the exceptions will not adversely affect access, views, noise, stormwater runoff, light and air, and privacy of neighboring properties any more than would a development that satisfies the applicable standard based on the following findings: • The proposed exceptions will not affect views, noise, stormwater runoff, or light and air any more than would a development that satisfies the standards. • Access may be affected by the proposed setback exception for the drive-through lane, specifically where it exits onto St. Mathias Alley. However, it will not do so any more than a property that would satisfy the requirement. • Privacy may be affected by the proposed waiver for drive-through screening to the east. However, cemetery buildings and existing trees buffer the drive-through lane from the cemetery, meaning that the exceptions will not adversely affect privacy any more than would a development that satisfies this standard. • To further ensure privacy, a condition be imposed that separation and/or screening be provided to the east as determined by the City. The Board concludes that the exceptions are not contrary to the intent of the standards being waived or modified based on the following findings: Proposed waivers for standards related to multi -family uses in commercial zones are intended to provide safe access for residents within a mixed-use building (front entrance location) and to facilitate commercial uses at the street level (ceiling height). Waiving the front entrance door location maintains the intent of providing safe amass from the dwelling to the right-of-way. Waiving the ceiling height maintains the intent of facilitating commercial 'uses at the street level because the applicant has a commercial tenant willing to occupy thea; building, and improvements to the site facilitate future commercial uses., tG� dodoop signature verification: • Setbacks are intended to maintain light, air, separation for fire protection, and access for firefighting; provide opportunities for privacy between dwellings; reflect the general building scale and placement of structures in the city's neighborhoods and commercial areas; promote a reasonable physical relationship between buildings and between residences; and provide flexibility to site a building so that it is compatible with buildings in the vicinity. • Approximately 20 feet will still be provided between the drive-through lane and adjacent property to the east and south, which meets these intentions. • Screening is intended to improve the appearance of Iowa City streetscapes for the benefit of its residents; to create aesthetically pleasing and functional living environments; to protect and enhance property values; and to provide for transitions between dissimilar uses. • Existing trees and buildings effectively screen the drive-through from adjacent cemetery uses, and the drive-through is beside the proposed building, which maintains the appearance of the streetscape. A condition be imposed that adequate separation and/or screening be provided to the east as determined by the City to further ensure these intentions are met. The Board concludes that the exceptions will be in the public interest based on the following findings: • The property has remained vacant for several years, and the parking lot and alley are constructed of gravel. • Occupying the property with neighborhood commercial and residential uses, and improving the site's circulation, parking lot, and alley are in the public interest. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The proposed multi -family use and related waivers from zoning standards will have no effect on health, safety, comfort, or general welfare. • The proposed drive-through and related exceptions will increase vehicular traffic to the site, but access to, through, and around the site will be enhanced due to site and alley improvements. • Conflicts may be created where the drive-through lane exits onto St. Mathias Alley, but these are mitigated through careful design, signage, and pavement markings. • It may be difficult in the morning for vehicles leaving St. Mathias Alley to turn left towards Iowa City due to in -bound traffic, but no more so than it would be for other potentially allowed uses in a CC -2 zone. • Effects of decreased screening and setbacks on the east side of the site are partially mitigated by existing landscaping and buildings at St. Joseph's, and they will be further mitigated by the conditions imposed. • The site plan shows the removal of two trees. The City declared a state of climate crjsis and established carbon emission reduction goals on August 6, 2019. Trees are important to climate mitigation and adaptation, so a condition is imposed that any trees removed be replaced onsite as approved by the City Forrester. • Overall, the exceptions will not be detrimental to or endanger the public health, safety, comfort, or general welfare. 10� ,dotloop signature verifaation: The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • The proposed uses are compatible with those of nearby properties. • The proposed site developments and occupancy of the proposed site will not diminish or impair property values in the neighborhood. • Screening and/or separation on the east property line, as determined by the City, will mitigate impacts to the cemetery. • The proposed exceptions will not injure the use or enjoyment of nearby properties. The Board concludes that establishment of the speck proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located based on the following findings: The surrounding area is already fully developed with a mix of institutional, commercial, and residential uses in commercial and multi -family zones, and only the property to the east currently utilizes the alley. A mixed-use coffeeshop with a multi -family unit is compatible with these uses and zoning districts. Offsite improvements to St. Mathias Alley will benefit property owners that utilize the alley through improved circulation. Abutting properties will be separated by adequate setbacks so as not to affect any future work on the properties, and requested exceptions for uses and waivers will not impede normal and orderly redevelopment of surrounding properties. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: Sufficient utilities, primary streets, and necessary facilities are established for this neighborhood and can meet the proposed site requirements. Proposed internal circulation will be sufficient for vehicular and pedestrian access to the renovated building, with improvements to St. Mathias Alley (which will include but is not limited to obtaining a temporary construction easement from the adjacent property owner). Stormwater must be mitigated per City Code to avoid downslope impacts to the south (which will include but is not limited to obtaining a permanent stormwater drainage easement from the adjacent property owner). The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: The one-way drive through the site and exits onto St. Mathias Alley consolidate potential conflicts on North Dodge and provide for adequate ingress and egress. St. Mathias Alley will carry two-way traffic, so clear signage and pavement markogs as shown on the site plan are necessary to control traffic. The development will increase traffic to the site. However, the design minimizes - impacts on North Dodge Street by concentrating outbound traffic to a single_ point;at St. Mathias Alley. -- 1C1 Eotloop signature verification: The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following finding: • Staff will ensure the site design conforms with all other applicable zoning standards and regulations during the site plan review, and additional reviews by the City Engineer and Director of Neighborhood and Development Services. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map of the Comprehensive Plan designates this area for General Commercial. The Future Land Use Map of the North District Plan designates this area for Retail/Community Commercial. • The Comprehensive Plan supports commercial development in "defined commercial nodes, including small-scale neighborhood commercial centers" and encourages retaining and expanding local businesses. • The North District Plan supports locating medium -density housing "in areas with good access to arterial streets" that are "close to neighborhood commercial areas". It also encourages focusing "commercial activity in existing nodes along major arterial streets" and cites the nearby mixed-use Hilltop Tavern as a desirable prototype. • The proposed land use allowed by these special exceptions is consistent with the Comprehensive and North District Plans. DISPOSITON: By a vote of 4-0, the Board approved flexibility through the Commercial Reuse Exception in a Community Commercial (CC -2) for the property located at 1120 North Dodge Street, subject to the following conditions. 1. Substantially comply with the site plan dated November 3, 2020 (which will include but is not limited to obtaining a permanent stormwater drainage easement from the adjacent property owner as required by the City's stormwater management code); 2. Prior to site plan approval, obtain a temporary use of right-of-way permit with the City along the west side of St. Mathias Alley for the length of the drive-through lane, as specified by the City Engineer and approved by the City Attorney's Office; 3. Plant at least one new tree onsite for every tree removed, the location and species of which must be approved by the City Forester prior to site plan approval; 4. Improve St. Mathias Alley abutting the property to the east and south, and any sidewalk crossings, as determined by the City Engineer prior to site plan approval. Improvements must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy (which will include but not is not limited to obtaining a temporary construction easement from the adjacent property owner); c: 5. Provide for screening to the east and/or separation between the drive-through lane and St. Mathias Alley, as determined by the City Engineer and approved by the Director of Neighborhood and Development Services prior to site plan approval. These must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy; A ,Cotimp signature wrifl abon: 6. No loudspeaker or order board for the drive-through use maybe installed; and 7. The drive-through must remain pick-up only. 4. EXC20-0007: A public hearing regarding a special exception application submitted by Neumann Monson Architects to allow a 60 percent parking reduction for a mixed-use renovation of existing structures and a new multi -family construction at 109, 111, 113-115, 117-119, 121, and 127 East College Street. The Board concludes that the following criterion is met: Where it can be demonstrated that a specific use has unique characteristics such that the number of parking or stacking spaces required is excessive or will reduce the ability to use or occupy a historic property in a manner that will preserve or protect its historic, aesthetic, or cultural attributes, the Board of Adjustment may grant a special exception to reduce the number of required parking or stacking spaces by up to fifty percent (50%) (up to 100 percent for properties designated as a local historic landmark, listed on the National Register of Historic Places, or listed as key or contributing structures in a Historic District or Conservation District Overlay Zone). This is based on the following findings: • The applicant has requested the exception to preserve the historic, aesthetic, or cultural attributes of a local historic landmark. City Council is currently considering a local historic landmark designation for the property, which would allow a parking reduction of up to 100 percent of the required minimum number of parking spaces. • The local historic landmark designation must be approved for the requested parking reduction to be requested. Therefore, a condition is imposed that the special exception be contingent upon the adoption of the local historic landmark rezoning. • The proposed redevelopment includes renovation of historic structures on the pedestrian mall and a new multi -family building behind them on the alley. • The historic properties are being preserved as part of this project whereas they could otherwise be demolished under the current zone. Without approval of the project, and the related historic rezoning, the developer would not be required to preserve the buildings in the future. • The gap analysis submitted for Tax Increment Financing (TIF) shows that additional costs, such as increased parking requirements, would increase the financing gap. • The renovation will invest in the historic properties to preserve their important historic and aesthetic attributes. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: The applicant has proposed 0.49 parking spaces per dwelling unit, which is similaf�to other recent downtown projects including Augusta Place (0.45) and Market House (0.5). 7 South Linn, which has offsite parking spaces, had approximately 3540 percent of residents request parking last year, according to the applicant. A reduction in parking spaces generally decreases the number of vehiculartrips to the site and increases trips by other modes of transportation, such as walking and biking. Residences close to a wide variety of employment opportunities and services, such as in downtown Iowa City, generally have a decreased demand for parking. 1lA dotloop signature verification: • Three public parking ramps totaling 2,100 spaces are within a 3 -minute walk of the proposed building. Some vehicular trips will likely be diverted to these parking ramps, which are intended to accommodate high trip volumes. • Before the pandemic, these three parking facilities were near capacity from 10 a.m. to 2 p.m., and monthly parking permits in these ramps have long wait lists. Available parking permits are typically first offered to businesses rather than residents. • Tenants will consider reduced onsite parking in their decision-making. It is likely the proposed project will attract tenants who do not require as much onsite parking. • Overall, the parking reduction will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • Generally, downtown parking is provided in public parking facilities, rather than private surface lots or structures, to foster compact, pedestrian -oriented areas. • If there is excess demand for residential parking, it will likely not impact neighbors as there is generally enough existing parking infrastructure throughout the city to accommodate it. However, downtown parking availability may tighten as a result. • Increased pedestrian traffic around the proposed use will likely improve the commercial viability of nearby businesses. • Overall, the parking reduction will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not impair nearby property values. The Board concludes that establishment of the speck proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located based on the following findings: The downtown is already largely developed, and recent redevelopment projects have only increased the demand for additional improvements downtown. The proposed development will likely cause temporary closures of the alley or portions of the pedestrian mall as part of construction but will otherwise not impact development or improvement of surrounding properties in the long-term. Reducing parking specifically will not impede normal development. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: The existing alley provides adequate vehicular access to the proposed use, while the pedestrian mall provides adequate pedestrian access. Staff will ensure adequate utilities, drainage, and other necessary facilities are being provided through the site plan review and building permitting processes. The project is seeking tax increment financing (TIF), which will allow the project to Move forward as proposed by filling the project's financing gap. TIF dollars will be rebated over 15 years but will not be limited to infrastructure improvements. �C� ,datfoop signature verification The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • Access to public streets is provided through a public alley which exits either east at the terminus of S. Dubuque Street or west onto S. Clinton Street at a midblock location. S. Dubuque Street intersects E. Burlington Street at a signal -controlled intersection. • Approximately 6 cars can queue on S. Dubuque Street at the signal, with additional spaces on the alley. • Depending on final trip generation characteristics, traffic signal timing at the S. Dubuque Street and E. Burlington Street intersection may need to be adjusted. • Both proposed parking level entrances are located on the alley at grade. • Adequate measures are being taken to minimize traffic congestion. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: As the project progresses, staff will ensure that all applicable standards and regulations are met through the site plan review and building permitting processes. If TIF dollars are used as proposed, additional requirements will need to be met including: affordable housing (at least 15% percent of units must be affordable or a fee in lieu of units must be paid); sustainability (must meet at least LEED Silver standards); minimum improvements (such as for historic properties); and other public benefits. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use map of the Comprehensive Plan designates this area for General Commercial, and includes a goal to "preserve the historic, mainstreet character of the Downtown, while encouraging appropriate infill development to enhance the economic viability and residential diversity of the area". • The Downtown and Riverfront Crossings Master Plan includes objectives for the downtown district such as "protect historic character and key historic buildings" and "promote quality infill and redevelopment'. The development program for the area includes "residential options — new construction and rehab". • While the Master Plan does not specifically highlight this block for redevelopment, projects with limited onsite parking are generally supported downtown because "the City currently addresses parking demand through a parking district approach... instead of addressing parking on a project -by -project or site -by -site basis." • Reducing parking to promote historic preservation and provide contextual infill development is consistent with the Comprehensive Plan. DISPOSITON: By a vote of 3-1 (Chrischilles against), the Board approved a reduction 4n the minimum parking requirement by 60 percent for the properties located at 109, 111, 1 i�-115, 117-119, 121, 127 E. College Street, subject to the following condition: C1 dotloop signature veriFlcation: 1. City Council adoption of a Historic District Overlay (REZ20-02) to designate the properties as a local historic landmark. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. R MJHo H fiM iLte, 0 <:ia DM l51 MjH0.HNEl(SV30{KKL Approved by: Amy Pretorius, Chairperson City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 9t' day of December, 2020 as the same appears of record in my Office. Dated at Iowa City, this day of -e(W6e , 20 2 C� I Kellie I . Fruehling, City erk �v\ vee - Doc ID: 027936700016 Type. GEN Kind: Ree,rded?'NIANo2'2020 Fas Amt: $62/00 Pape itof216 :03 PM Johnson County Iowa Kim Painter County Recorder EIK6152 PG352-367 STATE OF IOWA ) )SS JOHNSON COUNTY ) I r i ^fir® ,!1 "r"IIIlJlE� 44 city oP �,4 C1 I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.20-4839 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of December, 2020, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 18th day of December 2020. f Kellie K. Fruehling City Clerk brd 410 EAST WASHINGTON STREET a IOWA CITY, IOWA 52240-1826 a (319) 356-5000 • FAX (319) 356-5009 7 Prepared by: Ray Hehner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; (REZ20-0003) Ordinance No. 20-4839 An ordinance conditionally rezoning approximately 4 acres of land located at Myrtle Avenue and S. Riverside Drive to Riverfront Crossings — West Riverfront (RFC -WR) zone. (REZ20-00013) Whereas, the owner, K and F Properties, LLC., has requested a rezoning of approximately 4 acres of land located at 215, 219, 223, and 245 S. Riverside Court; 119, 201, 203, 205, 207, and 209 Myrtle Avenue; and 517 and 527 S. Riverside Drive from Medium Density Single -Family Residential (RS -8), High Density Multi -Family Residential (RM -44), and Community Commercial (CC -2) to Riverfront Crossings - West Riverfront (RFC -WR) zone; and Whereas, this property is located within the Riverfront Crossings - West Riverfront Subdistrict of the Comprehensive Plan; and Whereas, there is a public need to provide a more pedestrian -friendly framework along the west side of S. Riverside Drive, and between S. Riverside Drive and Myrtle Avenue; and Whereas, there is a public need to provide a transition in building mass and height to the existing single-family residences on Olive Street; and Whereas, there is a public need to reduce the number of vehicular access points onto arterial roads such as S. Riverside Drive; and Whereas, there is a public need to replat the existing arrangement of properties to conform to future development plans; and Whereas, the Planning and Zoning Commission has determined that, with reasonable conditions regarding satisfaction of public needs through installation of a sidewalk and pedestrian connection between S. Riverside Drive and Myrtle Avenue, transition in building mass and height, limitation of vehicular access points onto S. Riverside Drive, and replatting of the subject area, 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 classified Riverfront Crossings - West Riverfront (RFC -WR): 119 Myrtle Avenue: Lot "F' in a survey of a part of Lot I of the Subdivision of Government Lot 3 of Section 16, Township 79 North, Range 6 West of the 5th P.M., as shown by survey recorded in Book 4, Page 387, Plat Records of Johnson County, Iowa. Also: Commencing at a point 159 feet west of the intersection of the west line of Riverside Drive and the south line of Myrtle Avenue; thence west along the south line of Myrtle Avenue, 60 feet; thence South at right angles with Myrtle Avenue, 160 feet; thence east to a point 160 feet south of the point of beginning; thence north 160 feet to the point of beginning, being a part of Lot 1 in the subdivision of Government Lot 3, Section 16, Township 79 North, Range 6 West of the 5th P.M. Ordinance No. 20-4839 Page 2 201, 203, and 205 Myrtle Avenue: A portion of Tract "C" in the Subdivision of Lot I of Government Lot 3 in the Northeast Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian, Iowa City, Iowa, according to the plat thereof recorded in Book 4, Page 387, Plat Records of Johnson County, Iowa, more particularly described as follows: Commencing at the Northwest Corner of said Tract "C"; thence S00°16'45" E, 153.92 feet along the West line of Tract "C"; thence N89043'15" E, 30.00 feet; thence N00016'45" W, 27.00 feet; thence N89043'15" E, 24.99 feet; thence N00° 16'45" W, 13.54 feet; thence N89°43' 15" E, 55.00 feet to a point on the East line of Tract "C"; thence Northerly along said East line to the Northeast corner of Tract "C", thence Westerly 110 feet to the Northwest Corner of said Tract "C" and the Point of Beginning, and A portion of Lots "C" and "E" in the Subdivision of Lot I of Government Lot 3 in the Northeast Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian, Iowa City, Iowa as recorded in Book 4, Page 387, Johnson County Recorder's Office, more particularly described as follows: Commencing at the Northwest Corner of said Lot "C"; thence S00°16'45"E, 153.92 feet along the West line of Lots "C" and "E" to the point -of -beginning; thence N89043' 15"E, 30.00 feet; thence N00°16'45"W, 27.00 feet; thence N89°43' 15"E, 24.99 feet; thence N00016'45"W, 13.54 feet; thence N89°43'15"E, 55.00 feet to a point on the East line of said Lots "C" and "E", thence S00'1 6'45"E, 149.14 feet along said East line; thence S88'59'31 "W, 110.00 feet along the South line of said Lot" E"; thence N00°16'45"W, 110.00 feet to the point -of - beginning. TOGETHER BEING THE SAME: PROPERTY DESCRIBED AS: Lots "C" and "E" (also sometimes referred to as Tracts "C" and "E", respectively) in the Subdivision of Lot 1 of Government Lot 3 in the Northeast Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian, Iowa City, Iowa, as recorded in Book 4, Page 387, Johnson County Recorder's Office. 207 Myrtle Avenue: Lot B of Subdivision of part of Lot 1 of Government Lot 3 in Sec. 16, Township 79 North, Range 6 West of the 5th P.M., as shown on Plat Recorded in Plat Book 4, Page 387, Plat Records, Johnson County, Iowa and Beginning at the Northwest corner of "B" (according to the plat thereof recorded in Book 4, Page 387, Deed Records of Johnson County, Iowa); thence East 63.20 feet on the South line of Myrtle Avenue; thence South 00°16'45"East 263.92 feet on the East line of said Lot "B"; thence North 88°59'31' East 83.21 feet; thence South 00°51 '59" East 65 feet; thence West 81 feet; thence North 20 feet; thence West 80 feet; thence South 20 feet; thence West 55 feet; thence North 00°34'27" East 65 feet; thence North 89°46'23" East 64.50 feet; thence North 00°26'03" East 264.87 feet on the West line of said Lot "B" to the point of beginning, subject to a non-exclusive right-of-way easement over and across the following described real estate; Commencing at the Northwest corner of said Lot "B'; thence East 44.20 feet on the South line of Myrtle Avenue to the point of beginning; thence East 10.00 feet; thence South 00°16'45" East 308.92 feet; thence West 10.00 feet; thence North 00°16'45" West 308.92 feet to the point of beginning. 209 Myrtle Avenue: Beginning at a point 459 feet West of the intersection of the West line of Riverside Drive and the South line of Myrtle Avenue; thence South 133 feet; thence East parallel to the South line of Myrtle Avenue 64 '/2 feet; thence North 133 feet to a point 64 '/2 feet East of the point of beginning; thence West 64 '/2 feet to the point of beginning, being a part of Lot 1 of the Subdivision of Government Lot 3 of Section 16, Township 79 North, Range 6 West of the 5th P.M., which said sub -division was recorded February 24, 1873, in Deed Book 36, at Page 234, of the Deed Records of Johnson County, Iowa, being tract "A" in the survey of Harlan H. Schwob, dated October 15, 1957, recorded in Page 387 of Book 4, Plat Records of Johnson County, Iowa. n n Ordinance No. 20-4839 Page 3 Subject to easements and restrictions of record. Parcel Number 1016178001: Tract D as shown on a plat made pursuant to survey by Harlan H. Schwob on October 12, 1957, which plat is recorded in Book 4, Page 387, Plat Records of Johnson County, Iowa. 245 Riverside Court: Lots 2 and 7, in the subdivision of Lot 3, Sec. 16, Twp. 79 N., R. 6 West of the 5th P.M., according to the plat thereof recorded in Deed Record 36, Page 234, of the records of Johnson County, Iowa except so much thereof as lies South of the North line of the right of way of the Chicago, Rock Island and Pacific Railway Company, and excepting the following part thereof: Commencing at the intersection of the North line of said Lot 2 as established by decree in Court Record JJ, Page 306, District Court Records of Johnson County, Iowa, with the West line of Riverside Drive, shown on plat recorded in Plat Book 4, Page 96, Plat Records of said County; thence West 275 feet; thence South to the North line of said Railway right of way; thence Northeasterly along the North line of said Railway right of way to the West line of Riverside Drive; thence North to the place of beginning. Also a right of way over the North 25 feet of said excepted tract last above described. Except the following: Beginning at the Northwest comer of Lot "B" (according to the plat thereof recorded in Book 4, Page 387, Deed Records of Johnson County, Iowa); thence East 63.20 feet on the South line of Myrtle Avenue; thence South 00°16'45" East 263.92 feet on the East line of said Lot "B"; thence North 88°59'31" East 83.21 feet; thence South 00°51 '59" East 65 feet; thence West 81 feet; thence North 20 feet; thence West 80 feet; thence South 20 feet; thence West 55 feet; thence North 00°34'27" East 65 feet; thence North 89046'23" East 64.50 feet; thence North 00°26'03" East 264.87 feet on the West line of said Lot "B" to the point of beginning. 223 Riverside Court: Commencing at a point 25 feet south of the north line of Lot 2 in the subdivision of part of Lot 3, Section 16, Township 79 North, Range 6 West of the 5th P.M., according to the plat thereof recorded in Plat Book 36, Page 234, of the Records of Johnson County, Iowa, and 205 feet west of the west line of Riverside Drive, in Iowa City, Iowa, thence West 70 feet, thence South to the north line of the right of way of the Chicago, Rock Island and Pacific Railway Company, thence northeasterly along the north line of said right of way to a point directly south of the place of beginning, thence North to the place of beginning. 219 Riverside Court: Commencing at a point 150 feet west of the west line of Riverside Drive in Iowa City, Iowa, and 25 feet south of the north line of Lot 2, Subdivision of Lot 3, School Commissioner's Subdivision of Section 16, Township 79 North, Range 6 West of the 5th P.M. as established by decree of court recorded in Court Record JJ, page 306, District Court Records of Johnson County, Iowa, thence west parallel with said north line of Lot 2, 55 feet, thence south to the north line of the right of way of the Chicago, Rock Island & Pacific Railway Company, thence Northeasterly along the north line of said right of way to a point that is due south of the point of beginning, thence north to the point of beginning. Also an easement over and across the following described real estate: Commencing at the northeast corner of said Lot 2, above referred to, thence west along the north line of said Lot 2, 205 feet, thence south 25 feet, thence east parallel with the said north line of Lot 2, to the west line of said Riverside Drive, thence north to the point of beginning. 215 Riverside Court: Commencing at a point 25 feet south of the north line of Lot 2 in the subdivision of part of Lot 3 of Section 16, Township 79 North, Range 6 West of the 5th P.M. according to the plat thereof recorded in Deed Record 36, page 234 of the Records of Johnson County, Iowa, and 150 feet west of the west line of Riverside Drive in Iowa City, Iowa, thence east 50 feet, thence south 40 1✓" Ordinance No. 20-4839 Page 4 feet, thence east 100 feet to the west line of said Riverside Drive, thence South along said west line to the north line of the right of way of the Chicago, Rock Island and Pacific Railway Company, thence southwesterly along the north line of said right of way to a point directly south of the place of beginning, thence north to the place of beginning, excepting any part thereof conveyed by deeds recorded in Book 245, page 43, and in Book 254, page 23, Deed Records of Johnson County, Iowa; excluding Commencing at the North line of said Lot 2 of Government Lot 3 and the West Right -Of -Way line of South Riverside Drive as recorded in Book 245, Page 15 of the Johnson County Recorder's Office, thence South a distance of 65.21 feet along the arc of a non -tangent curve concave West with a central angle of 00°59'15", along a 3784.00 foot radius with a chord that bears South 05°53'16" East, 65.21 feet along said West Right -Of -Way line to the point of beginning; thence South a distance of 33.61 feet along the arc of a non -tangent curve concave West with a central angle of 00°30'32", along a 3784.00 foot radius with a chord that bears South 05°08'23" East, 33.61 feet continuing along said West Right -Of -Way line to the North Right -Of -Way line of the Chicago, Rock Island and Pacific Railway Company; thence West a distance of 53.77 feet along the arc of a non -tangent curve concave North with a central angle of 00°19' 45", along a 9363.36 foot radius with a chord that bears South 72°08'18" West, 53. 77 feet along said North Right -Of - Way line; thence North 03°51'30" West, 3.84 feet; thence North 85°55'43" East, 10.44 feet; thence Northeast a distance of 17.29 feet along the arc of a non -tangent curve concave Southeast with a central angle of 47°10'39", along a 21.00 foot radius with a chord that bears North 48°33'08" East, 16.81 feet; thence East a distance of 6.46 feet along the are of a tangent curve concave North with a central angle of 0000222", along a 9355.36 foot radius with a chord that bears North 72°07'17" East, 6.46 feet; thence East a distance of 17.52 feet along the arc of a tangent curve concave North with a central angle of 77°13'36", along a 13.00 foot radius with a chord that bears North 33029'17" East, 16.23 feet; thence North a distance of 18.57 feet along the arc of a tangent curve concave West with a central angle of 00°16'55", along a 3772.00 foot radius with a chord that bears North 05°15'58" West, 18.57 feet; thence North 88°43' 48" East, 12.03 feet to the point of beginning. 527 Riverside Drive: Commencing at a point 25 feet south of the northeast corner of Lot 2 in the subdivision of Lot 3 of School Commissioner's Subdivision of Section 16, Township 79 North, Range 6 West of the 5th P.M., according to the plat thereof recorded in Book 36, Page 234, Deed Records of Johnson County, Iowa, thence west 100 feet, thence south 40 feet, thence east 100 feet, thence north 40 feet to the place of beginning, except that portion thereof conveyed to the State of Iowa by Warranty deed dated July 27, 1960, and recorded February 9, 1961, in Book 245 at Page 42, Deed Records of Johnson County, Iowa; excluding Commencing at the north line of said Lot 2 of Government Lot 3 and the west right-of-way line of South Riverside Drive as recorded in Book 245, Page 15 of the Johnson County Recorder's office, thence south a distance of 25.09 feet along the arc of a non -tangent curve concave west with a central angle of 00022'48", along a 3784.00 foot radius with a chord that bears South 06°11'29" East, 25.09 feet along said west right-of-way line to the point of beginning; thence south a distance of 40.12 feet along the arc of a non -tangent curve concave west with a central angle of 00°36'27", along a 3784.00 foot radius with a chord that bears South 05°41'52" East, 40.12 feet continuing along said west right-of-way line; thence South 88°43'48" West, 12.03 feet; thence north a distance of 40.12 feet along the arc of a non -tangent curve concave west with a central angle of 00°36'34", along a 3772.00 foot radius with a chord that bears North 05°42'43" West, 40.12 feet; thence North 88°43'48" East, 12.04 feet to the point of beginning. 517 Riverside Drive: Beginning at a point which is 519.5 feet east of the southwest corner of Lot 1 of the subdivision of part of Lot 3 of the School Commissioner's subdivision of Section 16, Township 79 North, Range 6 West of the 5th P.M., according to the plat thereof recorded in Deed Record 36, page 234, ^ r, Ordinance No. 20-4839 Page 5 thence North 100 feet, thence east to the west bank of the Iowa River, thence in a Southeasterly direction along the west bank of Iowa River, to a point 50 links north of a point due east of the point of beginning, thence west 1.3 chains, thence south 50 links, thence west along the south line of said Lot 1 to the place of beginning, excepting therefrom all roadways and rights of way over and across said premises, and excepting all that part thereof which lies east of U.S. Highway No. 218 as now located, and further excepting therefrom the right of way conveyed on Deed recorded in Book 6017, Page 642, Johnson County Recorder Records. AND Beginning at a point on the south line of Lot one (1) of the sub -division of part of Lot three (3) of the School's Commissioner's sub -division of section sixteen (16) in township seventy-nine (79) North, Range six (6) West of the 5th P.M., according to the plat thereof recorded in Deed Record 36, page 234, which point is 459.5 feet east of the southwest comer of said Lot one (1), thence north 100 feet, thence east parallel with the south line of said Lot one (1), 60 feet thence south 100 feet, thence west 60 feet to the place of beginning. Riverside Court (alley): The North 25 feet of the East 275 feet of Lot 2 of the Plat of Survey for Sharps & others Feby 1st 1879 in Tp79N of R6W of the 5th P.M. in Lot 3 sect 16 , in accordance with the Plat thereof Recorded in Deed Book 36 at Page 234 of the Records of the Johnson County Recorder's Office, except that portion conveyed to the State of Iowa by Quit Claim Deed, as Recorded in Deed Book 254 at Page 23 of the Records of the Johnson County Recorder's Office, which is also legally described as: Part of Lot 2 of Ryerson's and Sharp's Subdivision of Government Lot 3 in Section Sixteen (16), Township Seventy-nine (79) North, Range Six (6) West of the 5th P.M., Johnson County, Iowa, described as follows: Beginning at the Northeast Corner of said Lot 2 of said Ryerson's and Sharp's Subdivision, thence West 275 feet, thence South 25 feet, thence East 275 feet to the West line of Riverside Drive, thence North 25 feet to the Point of Beginning, EXCEPT the land conveyed to the State of Iowa in Deed Record 254, Page 23, said exception being more particularly described as follows: all of the above-described real estate lying east of a line 36 ft, radially distant westerly of and concentric with the centerline of Primary Road No. U.S. 6 and No. U.S. 218 as described in said Deed Record 254, Page 23. 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 15th day of December _,2020 Ordinance No. 20-4839 Page 6 Cityrer Lt -f- / X -A-( M4ydr Ij Ap d by: 5 A orney's Office ` (Sara Greenwood Hektoen — 12/01/2020) VA Ordinance No. 20-4839 Page 7 It was moved by Mims and seconded by Weiner that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bergus x Mims x Salih x Taylor % Teague x Thomas X Weiner First Consideration 12/01/2020 Vote for passage: AYES: Weiner, Bergus, Mims, Salih, Taylor, Teague, Thomas. NAYS: None. ABSENT: None Second Consideration _ Vote for passage: Date published 12/23/2020 Moved by Mims, seconded by Thomas, 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: Taylor, Teague, Thomas, Weiner, Bergus, Mims. NAYS: None. ABSENT: Salih. M0 Prepared by: Ray Heitner, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (REZ20-0003) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City") and K and F Properties, LLC. (hereinafter collectively referred to as "Owner'). Whereas, Owner is the legal title holder of approximately 4 acres of property located at 215, 219, 223, and 245 S. Riverside Court; 119, 201, 203, 205, 207, and 209 Myrtle Avenue; and 517 and 527 S. Riverside Drive; and Whereas, the Owner has requested the rezoning of the property legally described below from Medium Density Single -Family Residential (RS -8), High Density Multi -Family Residential (RM -44), and Community Commercial (CC -2) to Riverfront Crossings — West Riverfront (RFC - WR) zone; and Whereas, this rezoning creates public needs to provide a more pedestrian -friendly framework along the west side of S. Riverside Drive, to provide a transition in building mass and height to the west, to reduce the number of vehicular access points onto S. Riverside Drive, and to replat the subject area to conform to future development; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the installation of a sidewalk along S. Riverside Drive and pedestrian connection between Myrtle Avenue and S. Riverside Drive, enhanced review of buildings seeking a height bonus adjacent to existing Olive Street homes, limiting the subject area to one (1) vehicular access point onto S. Riverside Drive, and replatting the subject area to better conform with future development plans, 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 agrees 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. K and F Properties, LLC. is the legal title holder of the property legally described as: 119 Myrtle Avenue: Lot "F" in a survey of a part of Lot I of the Subdivision of Government Lot 3 of Section 16, Township 79 North, Range 6 West of the 5th P.M., as shown by survey recorded in Book 4, Page 387, Plat Records of Johnson County, Iowa. Also: Commencing at a point 159 feet west of the intersection of the west line of Riverside Drive and the south line of Myrtle Avenue; thence west along the south line of Myrtle Avenue, 60 feet; thence South at right angles with Myrtle Avenue, 160 feet; thence east to a point 160 feet south of the point of beginning; thence north 160 feet to the point of beginning, being a part of Lot 1 in the subdivision of Government Lot 3, Section 16, Township 79 North, Range 6 West of the 5th P.M. 201, 203, and 205 Myrtle Avenue: A portion of Tract "C" in the Subdivision of Lot I of Government Lot 3 in the Northeast Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian, Iowa City, Iowa, according to the plat thereof recorded in Book 4, Page 387, Plat Records of Johnson County, Iowa, more particularly described as follows: Commencing at the Northwest Corner of said Tract "C"; thence S00°16'45" E, 153.92 feet along the West line of Tract "C"; thence N89°43'15" E, 30.00 feet; thence N0001645" W, 27.00 feet; thence N89043'15" E, 24.99 feet; thence N00° 16'45" W, 13.54 feet; thence N89043' 15" E, 55.00 feet to a point on the East line of Tract "C"; thence Northerly along said East line to the Northeast corner of Tract "C", thence Westerly 110 feet to the Northwest Corner of said Tract "C" and the Point of Beginning, and A portion of Lots "C" and "E" In the Subdivision of Lot I of Government Lot 3 in the Northeast Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian, Iowa City, Iowa as recorded In Book 4, Page 387, Johnson County Recorder's Office, more particularly described as follows: Commencing at the Northwest Comer of said Lot "C"; thence S00"16'45"E, 153.92 feet along the West line of Lots "C" and "E" to the point -of -beginning; thence N89"43' 15"E, 30.00 feet; thence N0001645"W, 27.00 feet; thence N89043' 15"E, 24.99 feet; thence N00916'45"W, 13.54 feet; thence N89°43'15"E, 55.00 feet to a point on the East line of said Lots "C" and "E", thence S00016'45"E, 149.14 feet along said East line; thence S88"59'31"W, 110.00 feet along the South line of said Lot" E'; thence N00"16'45"W, 110.00 feet to the point -of -beginning. TOGETHER BEING THE SAME: PROPERTY DESCRIBED AS: Lots "C" and "E" (also sometimes referred to as Tracts "C" and "E", respectively) in the Subdivision of Lot 1 of Government Lot 3 in the Northeast Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian, Iowa City, Iowa, as recorded In Book 4, Page 387, Johnson County Recorder's Office. 207 Myrtle Avenue: Lot B of Subdivision of part of Lot 1 of Government Lot 3 in Sec. 16, Township 79 North, Range 6 West of the 5th P.M., as shown on Plat Recorded in Plat Book 4, Page 387, Plat Records, Johnson County, Iowa and Beginning at the Northwest corner of "B" (according to the plat thereof recorded in Book 4, Page 387, Deed Records of Johnson County, Iowa); thence East 63.20 feet on the South line of Myrtle Avenue; thence South 00°16'45"East 263.92 feet on the East line of said Lot "B"; thence North 88°59'31" East 83.21 feet; thence South 00"51 '59" East 65 feet; thence West 81 feet; thence North 20 feet; thence West 80 feet; thence South 20 feet; thence West 55 feet; thence North 00°34'27" East 65 feet; thence North 89`46'23" East 64.50 feet; thence North 00026'03" East 264.87 feet on the West line of said Lot "B" to the point of beginning, subject to a non- exclusive right-of-way easement over and across the following described real estate; Commencing at the Northwest corner of said Lot "B"; thence East 44.20 feet on the South line of Myrtle Avenue to the point of beginning; thence East 10.00 feet; thence South 00'1645" East 308.92 feet; thence West 10.00 feet; thence North 00016'45" West 308.92 feet to the point of beginning. 209 Myrtle Avenue: Beginning at a point 459 feet West of the intersection of the West line of Riverside Drive and the South line of Myrtle Avenue; thence South 133 feet; thence East parallel to the South line of Myrtle Avenue 64 '/2 feet; thence North 133 feet to a point 64 '/2 feet East of the point of /10 beginning; thence West 64 '/2 feet to the point of beginning, being a part of Lot 1 of the Sub -division of Government Lot 3 of Section 16, Township 79 North, Range 6 West of the 5th P.M., which said sub -division was recorded February 24, 1873, in Deed Book 36, at Page 234, of the Deed Records of Johnson County, Iowa, being tract "A" in the survey of Harlan H. Schwob, dated October 15, 1957, recorded In Page 387 of Book 4, Plat Records of Johnson County, Iowa. Subject to easements and restrictions of record. Parcel Number 1016178001: Tract D as shown on a plat made pursuant to survey by Harlan H. Schwob on October 12, 1957, which plat is recorded in Book 4, Page 387, Plat Records of Johnson County, Iowa. 245 Riverside Court: Lots 2 and 7, in the subdivision of Lot 3, Sec. 16, Twp. 79 N., R. 6 West of the 5th P.M., according to the plat thereof recorded in Deed Record 36, Page 234, of the records of Johnson County, Iowa except so much thereof as lies South of the North line of the right of way of the Chicago, Rock Island and Pacific Railway Company, and excepting the following part thereof: Commencing at the intersection of the North line of said Lot 2 as established by decree in Court Record JJ, Page 306, District Court Records of Johnson County, Iowa, with the West line of Riverside Drive, shown on plat recorded in Plat Book 4, Page 96, Plat Records of said County; thence West 275 feet; thence South to the North line of said Railway right of way; thence Northeasterly along the North line of said Railway right of way to the West line of Riverside Drive; thence North to the place of beginning. Also a right of way over the North 25 feet of said excepted tract last above described. Except the following: Beginning at the Northwest corner of Lot "B" (according to the plat thereof recorded in Book 4, Page 387, Deed Records of Johnson County, Iowa); thence East 63.20 feet on the South line of Myrtle Avenue; thence South 00°1645" East 263.92 feet on the East line of said Lot "B'; thence North 88°59'31" East 83.21 feet; thence South 00"51 '59" East 65 feet; thence West 81 feet; thence North 20 feet; thence West 80 feet; thence South 20 feet; thence West 55 feet; thence North 00"34'27" East 65 feet; thence North 89046'23" East 64.50 feet; thence North 00°26'03" East 264.87 feet on the West line of said Lot "B" to the point of beginning. 223 Riverside Court: Commencing at a point 25 feet south of the north line of Lot 2 in the subdivision of part of Lot 3, Section 16, Township 79 North, Range 6 West of the 5th P.M., according to the plat thereof recorded In Plat Book 36, Page 234, of the Records of Johnson County, Iowa, and 205 feet west of the west line of Riverside Drive, in Iowa City, Iowa, thence West 70 feet, thence South to the north line of the right of way of the Chicago, Rock Island and Pacific Railway Company, thence northeasterly along the north line of said right of way to a point directly south of the place of beginning, thence North to the place of beginning. 219 Riverside Court: Commencing at a point 150 feet west of the west line of Riverside Drive in Iowa City, Iowa, and 25 feet south of the north line of Lot 2, Subdivision of Lot 3, School Commissioner's Subdivision of Section 16, Township 79 North, Range 6 West of the 5th P.M. as established by decree of court recorded in Court Record JJ, page 306, District Court Records of Johnson County, Iowa, thence west parallel with said north line of Lot 2, 55 feet, thence south to the north line of the right of way of the Chicago, Rock Island & Pacific Railway Company, thence Northeasterly along the north line of said right of way to a point that is due south of the point of beginning, thence north to the point of beginning. Also an easement over and across the following 3 ^ (' described real estate: Commencing at the northeast corner of said Lot 2, above referred to, thence west along the north line of said Lot 2, 205 feet, thence south 25 feet, thence east parallel with the said north line of Lot 2, to the west line of said Riverside Drive, thence north to the point of beginning. 215 Riverside Court: Commencing at a point 25 feet south of the north line of Lot 2 in the subdivision of part of Lot 3 of Section 16, Township 79 North, Range 6 West of the 5th P.M. according to the plat thereof recorded in Deed Record 36, page 234 of the Records of Johnson County, Iowa, and 150 feet west of the west line of Riverside Drive in Iowa City, Iowa, thence east 50 feet, thence south 40 feet, thence east 100 feet to the west line of said Riverside Drive, thence South along said west line to the north line of the right of way of the Chicago, Rock Island and Pacific Railway Company, thence southwesterly along the north line of said right of way to a point directly south of the place of beginning, thence north to the place of beginning, excepting any part thereof conveyed by deeds recorded in Book 245, page 43, and in Book 254, page 23, Deed Records of Johnson County, Iowa; excluding Commencing at the North line of said Lot 2 of Government Lot 3 and the West Right -Of -Way line of South Riverside Drive as recorded in Book 245, Page 15 of the Johnson County Recorder's Office, thence South a distance of 65.21 feet along the arc of a non -tangent curve concave West with a central angle of 00059'15", along a 3784.00 foot radius with a chord that bears South 05"53'16" East, 65.21 feet along said West Right -Of -Way line to the point of beginning; thence South a distance of 33.61 feet along the arc of a non -tangent curve concave West with a central angle of 00°30'32", along a 3784.00 foot radius with a chord that bears South 05°08'23" East, 33.61 feet continuing along said West Right -Of -Way line to the North Right -Of -Way line of the Chicago, Rock Island and Pacific Railway Company; thence West a distance of 53.77 feet along the arc of a non -tangent curve concave North with a central angle of 00"19' 45", along a 9363.36 foot radius with a chord that bears South 72°08'18" West, 53. 77 feet along said North Right -Of -Way line; thence North 03°51'30" West, 3.84 feet; thence North 85°55'43" East, 10.44 feet; thence Northeast a distance of 17.29 feet along the arc of a non - tangent curve concave Southeast with a central angle of 47"10'39", along a 21.00 foot radius with a chord that bears North 48033'08" East, 16.81 feet; thence East a distance of 6.46 feet along the arc of a tangent curve concave North with a central angle of 00002'22", along a 9355.36 foot radius with a chord that bears North 72007'17" East, 6.46 feet; thence East a distance of 17.52 feet along the arc of a tangent curve concave North with a central angle of 77°13'36", along a 13.00 foot radius with a chord that bears North 33°29'17" East, 16.23 feet; thence North a distance of 18.57 feet along the arc of a tangent curve concave West with a central angle of 00"16'55", along a 3772.00 foot radius with a chord that bears North 05°1558" West, 18.57 feet; thence North 88'43' 48" East, 12.03 feet to the point of beginning. 527 Riverside Drive: Commencing at a point 25 feet south of the northeast corner of Lot 2 in the subdivision of Lot 3 of School Commissioner's Subdivision of Section 16, Township 79 North, Range 6 West of the 5th P.M., according to the plat thereof recorded In Book 36, Page 234, Deed Records of Johnson County, Iowa, thence west 100 feet, thence south 40 feet, thence east 100 feet, thence north 40 feet to the place of beginning, except that portion thereof conveyed to the State of Iowa by Warranty deed dated July 27, 1960, and recorded February 9, 1961, in Book 245 at Page 42, Deed Records of Johnson County, Iowa; excluding Commencing at the north line of said Lot 2 of Government Lot 3 and the west right-of-way line of South Riverside Drive as recorded In Book 245, Page 15 of the Johnson County Recorder's office, thence south a distance of 25.09 feet along the are of a non -tangent curve concave west with a central angle of 00"22'48", along a 3784.00 foot radius with a chord that bears South 06°11'29" East, 25.09 feet along said west right-of-way line to the point of beginning; thence south a distance of 40.12 feet along the arc of a non -tangent curve concave west with a central angle of 00°36'27", along a 3784.00 foot radius with a chord that bears South 05041'52" East, 40.12 feet continuing along said west right-of-way line; thence South 88043'48" West, 12.03 feet; thence north a distance of 40.12 feet along the arc of a non -tangent curve concave west with a central angle of 00°36'34", along a 3772.00 foot radius with a chord that bears North 05°42'43" West, 40.12 feet; thence North 88°4348" East, 12.04 feet to the point of beginning. 517 Riverside Drive: Beginning at a point which is 519.5 feet east of the southwest corner of Lot 1 of the subdivision of part of Lot 3 of the School Commissioner's subdivision of Section 16, Township 79 North, Range 6 West of the 5th P.M., according to the plat thereof recorded in Deed Record 36, page 234, thence North 100 feet, thence east to the west bank of the Iowa River, thence in a Southeasterly direction along the west bank of Iowa River, to a point 50 links north of a point due east of the point of beginning, thence west 1.3 chains, thence south 50 links, thence west along the south line of said Lot 1 to the place of beginning, excepting therefrom all roadways and rights of way over and across said premises, and excepting all that part thereof which lies east of U.S. Highway No. 218 as now located, and further excepting therefrom the right of way conveyed on Deed recorded in Book 6017, Page 642, Johnson County Recorder Records. AND Beginning at a point on the south line of Lot one (1) of the sub -division of part of Lot three (3) of the School's Commissioner's sub -division of section sixteen (16) in township seventy-nine (79) North, Range six (6) West of the 5th P.M., according to the plat thereof recorded In Deed Record 36, page 234, which point is 459.5 feet east of the southwest corner of said Lot one (1), thence north 100 feet, thence east parallel with the south line of said Lot one (1), 60 feet thence south 100 feet, thence west 60 feet to the place of beginning. Riverside Court (alley): The North 25 feet of the East 275 feet of Lot 2 of the Plat of Survey for Sharps & others Feby 1st 1879 in Tp79N of R6W of the 5th P.M. in Lot 3 sect 16 , in accordance with the Plat thereof Recorded in Deed Book 36 at Page 234 of the Records of the Johnson County Recorder's Office, except that portion conveyed to the State of Iowa by Quit Claim Deed, as Recorded in Deed Book 254 at Page 23 of the Records of the Johnson County Recorder's Office, which is also legally described as: Part of Lot 2 of Ryerson's and Sharp's Subdivision of Government Lot 3 in Section Sixteen (16), Township Seventy-nine (79) North, Range Six (6) West of the 5th P.M., Johnson County, Iowa, described as follows: Beginning at the Northeast Corner of said Lot 2 of said Ryerson's and Sharp's Subdivision, thence West 275 feet, thence South 25 feet, thence East 275 feet to the West line of Riverside Drive, thence North 25 feet to the Point of Beginning, EXCEPT the land conveyed to the State of Iowa in Deed Record 254, Page 23, said exception being more particularly described as follows: all of the above-descrlbed real estate lying east of a line 36 ft, radially distant westerly of and concentric with the centerline of Primary Road No. U.S. 6 and No. U.S. 218 as described in said Deed Record 254, Page 23. 2. Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (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 agrees that development of the subject property will conform to all other requirements of the Zoning Code, as well as the following conditions: a. Prior to issuance of a certificate of occupancy for any development on the subject property, Owner shall install a 6' wide sidewalk along the length of the property abutting S. Riverside Drive. b. Any development shall include a pedestrian link between Myrtle Avenue and S. Riverside Drive through the project site, subject to review and approval of the Form - Based Code Committee. c. In the event that the owner pursues any height bonus for buildings proposed next to the single-family zone to the west, the development shall be designed in a manner that gives careful attention to the interface and transition between the development and the single-family zone to the west. Any such application shall include mitigating, transitional design elements, including but not limited to increased separation or increased stepbacks. d. The subject area shall be limited to one (1) vehicular access point onto S. Riverside Drive that shall feature a right-in/right-out design. e. Prior to the issuance of any building permits, the subject area shall be replatted in a manner that conforms with the layout of the proposed development, which plat shall include the dedication of right-of-way within the current S. Riverside Court to create a consistent right-of-way line along S. Riverside Drive. 4. Owner acknowledges the requirements of Iowa City Code of Ordinances 14-2G-8, which requires the execution of an affordable housing agreement to satisfy the affordable housing obligations through the provision of on-site owner -occupied dwelling units, on- site rental dwelling units, and/or the payment of a fee in lieu of the remaining dwelling units not provided on-site or as otherwise agreed to between Owner and the City. 5. 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. 6. 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. 7. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 8. This Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this 15thday of December 20 20 City of Iowa City K and F Properties, LLC. r B e Teague, Mayor Attest: KG✓rN !^- /Ca(✓� 1 Kalli Pfuehling; Ci y Clerk AZ pr ed by - -City Attorney's Office — Me -k-4, r City of Iowa City Acknowledgement: State of Iowa ) ) ss: Johnson County ) This instrument was acknowledged before me on)L.C-Q� F 15th , 20aaby Bruce Teague and Kellie Fruehling as Mayor and City Clerk, MW th ityy�lowa City. o � rimH Notary Public in anddffor a State of Iowa Z �� � of t(Stamp or Seal) sown Title (and Rank) K and F Properties, LLC. Acknowledgement: State of �uJ0.. County ofTb11Mc e� This record was acknowledged before me on"ke,- 1— 2020 by Kat�3i� (name) as Dwsve ✓ (title) of K and F Properties, LLC. CUA.f We Lynne Canning . Notary Public in and for the State of Iowa Iowa Notarial Seal (Stamp or Seal) CommissionNo.22118 MyCanmissionWres:S Title (and Rank) '210 My commission expires: off- '10 Tem Doc ID: 027936710010 Type: GEN Kind: EASEMENT Recorded: 12/21/2020 at 02:20:46 PM Fee Amt: $52.00 Pape 1 of 10 Johnson County Iowa Kim Painter County Recorder BK6152 PG368-377 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 20-279 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of December 2020, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 18th day of December 2020. ) Kellie K. Fruehling City Clerk \res 410 EAST WASHINGTON STREET e IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 -y� Prepared by: Sara Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. 20-279 Resolution authorizing the Mayor to sign and the City Clerk to attest a Partial Vacation of Conservation Easement Agreement for Lot 97, Walnut Ridge, Part 10 Whereas, Brian and Heather Stevens ("Applicant"), owners of 70 Alder Court, desire to install a swimming pool, landscaping and hardscaping within an area currently encumbered by a conservation easement agreement with the City; Whereas, said conservation easement agreement, recorded with the subdivision documents for Walnut Ridge, Part Ten in Book 3114, at Page 268, of the Records of Johnson County, Iowa, the City was granted an easement for the purposes of preserving, pursuant to the Iowa City Sensitive Areas Ordinance, the woodlands, trees and protected slopes, and for conserving the natural resources; and WHEREAS, Applicant has requested that the City release a portion of this easement area to accommodate their planned construction activities, and submitted amended sensitive areas development plan demonstrating the impact of this project on the overall sensitive areas for the Walnut Ridge, Parts 8, 9, and 10; and WHEREAS, Staff has reviewed a revised sensitive areas development plan and has determined that the planned improvements will have minimal impact to the sensitive areas,. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City does hereby approve the Partial Vacation of Conservation Easement Agreement, as set forth in the attached agreement. 2. The Mayor is hereby authorized to sign and the City Clerk to attest said amendment. 3. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above -referenced amended easement agreement in the Johnson County Recorder's Office at the expense of Applicant. Passed and approved this 15th day of December 2020. U I Y I:LtKK !rs ti M City Attorney's Office (Sara Greenwood Hektoen —12/09/2020) Resolution No. 20-279 Page 2 It was moved by Taylor and seconded by Thomas Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: x Bergus Mims Salih Taylor Teague Thomas Weiner the -Vk Prepared by and after recording retum to: Michael J. Pugh 425 E. Oakdale Blvd., Suite 201 (319) 351-2028 Pugh Hagan Pmhm PLC Coralville, Iowa facsimile (319) 351-1102 PARTIAL VACATION OF CONSERVATION EASEMENT AGREEMENT RE: Lot 97 in Walnut Ridge, Part Ten, Iowa City, according to the plat thereof recorded in Book 43, Page 117, Plat Records of Johnson County, Iowa (the "Lot"). THIS PARTIAL VACATION OF CONSERVATION EASEMENT AGREEMENT is entered into this 15thday of December , 2020, by and between the City of Iowa City, Iowa (the "Q15e") and Brian and Heather Stevens (collectively "Owners"). WHEREAS, pursuant to a Conservation Easement Agreement recorded with the subdivision documents for Walnut Ridge, Part Ten in Book 3114, at Page 268, of the Records of Johnson County, Iowa (the "Conservation Easement'), the City was granted an easement for the purposes of preserving, pursuant to the Iowa City Sensitive Areas Ordinance, the woodlands, trees and protected slopes, and for conserving the natural resources of the state as recognized in Iowa Code Chapter 457A, together with the right of ingress and egress thereto, within and/or to, over and across such areas designated as "Conservation Easement" on the Final Plat of Walnut Ridge, Part Ten, Iowa City, Iowa, hereinafter referred to as "Easement Area"; and WHEREAS, improvements are planned to be constructed in a portion of the Easement Area as depicted on Exhibit "A" (the "Vacated Area'); and WHEREAS, the planned improvements within the Easement Area will have minimal impact to the sensitive features on the Lot as more particularly set out herein and as reflected in the Amended Sensitive Areas Development Plan for Walnut Ridge Parts 8, 9 and 10, which has been approved contemporaneously herewith. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City hereby fully and irrevocably terminates, vacates, and releases that portion of the Conservation Easement as specifically designated and described on the Easement Vacation Plat attached hereto as Exhibit "A" and incorporated herein. (00346958) follows: 1. In consideration of such partial vacation, the undersigned Owners hereby agree as A. The planned improvements to the Lot shall be constructed in accordance with the Overall Site Layout, attached hereto as Exhibit `B", and the Detailed Site Layout, attached hereto as Exhibit "C". B. Owners shall remove and restore the existing impervious area, retaining walls, decking and flower beds as shown as 103 and 104 on Exhibit `B". C. The planned improvements shall not result in the removal of more than three (3) hickory trees. The undersigned Owners shall plant three (3) replacement trees (hickory or other native species recommended by the City) within the remaining Conservation Easement Area prior to the completion of their construction project. 2. Except for the Vacated Area, the remaining portion of the Conservation Easement shall remain in full force and effect. 3. This Agreement shall inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the Lot. [Signature pages to follow] (00346958) Dated this At5fday of December, 2020. ATTEST:` By: Kellie Fmehling, ity Clerk CITY OF IOWA CITY, IOWA By: ce Teague, Ma or STATE OF IOWA, COUNTY OF JOHNSON) ss: On this I S"\ day of December, 2020 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Bruce Teague and Kellie Fruehling, to me personally known, who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge 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. offE OLNEYber 806232 Expires &V/"- A# - Notary Public in and for , d State 100346958) [Signature Page of Partial Vacation of Conservation Easement Agreement] Dated this lO day of December, 2020. OWNERS Brian Stevens r Heather Stevens STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this 't day of December, 2020 by Brian Stevens. 6M—"'C p�rdnrN� 262 1 Notary Public in and for said State STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this li'i day of December, 2020 by Heather Stevens. Notary Pu is in —andr sai tate AOBYREAM do"Lp6lk" 4W r 21, 2021 {00346958} [Signature Page of Partial Vacation of Conservation Easement Agreement] ^ \ v, FOR Cay. PERI .'s .. POINT OF COMMENCEMENT NORT&RLY .O GINNEN Cr uO.7 OUTLOT 0 Exhibit"A" EASEMENT VACATION PLAT A PORTION OF LOT 97 OF WALNUT RIDGE PART TEN IOWA CITY, JOHNSON COUNTY, IOWA POINT OF ACATpN 71 CB_SeRW'1(W / GLEN 0 MEIENER P.L.S loan U.. Na 6165 My H—we rmewd dole M Oeumber 31, EEL( '.. £C A FdxOE PATT TEN IN TINE HI Iwti mMVRdrl OUAFTTEF1 OF PIE Nown"We"T 3 t'T / NOE.. aANTOE 6 MST. OF THE FIFTH FI SELL INIEFRIETMORMNEk ME PA. MERIDAIN IOWA CITY. JONINSON O' Elf O 5m 8 o 'Ny1 / /b T.a.l o• I r� 1 Ga-seza'z5w I 'ag 2�JS !\ ��o-tasztr sst0' t.z1IW ���\\ EASEMENT VACATION PLAT A PORTION OF LOT 97 OF WALNUT RIDGE PART TEN IOWA CITY, JOHNSON COUNTY, IOWA POINT OF ACATpN 71 CB_SeRW'1(W / GLEN 0 MEIENER P.L.S loan U.. Na 6165 My H—we rmewd dole M Oeumber 31, EEL( '.. £C A , Elm Iwti mMVRdrl N52'47'23'f Ham/ T-24,39- 3 t'T / 23 IT i�%/ Ca_SIaFW41'w SELL JT O' Elf O 5m 8 o 'Ny1 / /b T.a.l o• I r� 1 Ga-seza'z5w I 'ag 2�JS !\ ��o-tasztr sst0' t.z1IW ���\\ /R.Ti G.YLR• EZ]/ m 3 LOT 97 .NUT N GE OAHT TEN auYe cam re cur REtEbw RFLcnRp N kfi M AT PK£ v LF !NE flFlq+q LP 11 +N+reN caynYr�sl cove 11 LEGEND AND NOTES 11 • - FAOPERTY CORNER(S), FOUND (w noted) - PROPERTY k/v BWND.WT LINES ------ - ---PoGHT-OF-WAY LINES LOT LINES. PLATTE➢ OR BY DEED - EASEMENT LINES, WIDTH 3 PURPOSE MOM --------------- WBMSETED G EASEMENT LINES, PURPOSE NO(R) - WoORDED DIMENSIONS MUSLIM DIMENSIONS MILES NOTED GINERNIR. Al DIMENFEENs ME N FEET AND HLMORB]MS DESCRIPTION CONSERVATION EASEMENT VACATION A PORTION OF LOT 97 OF WALNUT RIDGE PART TEN IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE S WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CIN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commending at the Northerly Most Comer of Lot 97 of Walnut Ridge Part Ten, in accordance with the Plat thereof Recorded in Plat Book 43 at Page 117 of the Records of the Johnson County Recorder's Office; Thence S48"57'07'E, along the Northerly Line of said Lot 97, a distance of 131.76 feet, to its intersection with the Easterly Line of an Existing Conservation Easement; Thence Southwesterly, 53.27 feet, along said Easterly Line on a 170.00 foot radius curve, concave Southeasterly, whose 53.06 foot chord bears S32'04'14"W, to the POINT OF BEGINNING; Thence continuing Southwesterly, 48.44 feet, along said Easterly Line on a 170.00 foot radius curve, concave Southeasterly, whose 48.28 foot chord bears S14"55'47"W; Thence Southwesterly, 18.00 feat, along said Easterly Line on a 48.07 foot radius curve, concave Southeastedy, whose 17.89 foot chord bears S42'4T25"W; Thence S32"03'56"W, along said Easterly Line, 15.15 feet; Thence Southwesterly, 22.16 feet, along said Easterly Line on a 65.00 foot radius curve, concave Southeasterly, whose 22.06 foot chard bears S22"17'49"W; Thence S12°31'41"W, along said Easterly Line, 29.54 feet; Thence N37"12'37"W, 49.06 feet; thence N52"47'23nE, 35.00 feet; Thence S37°1237"E, 8.00 feet; Thence N52"47'23"E, 7.68 feet: Thence N24"38'35"E, 56.99 feel; Thence N51 -26'44-E. 18.52 feet, to the POINT OF BEGINNING. Said Conservation Easement Vacation contains 2,106 square feet, and is subject to easements and restrictions of record. Ilya., "OVINMq E991044" ay0 Alk4 �� O N .mc- o m. �= M $165 ,� I hereby cMNy that Uti. Iona eurvayine doo meet was prepared ma III. related mrwy work was perromdd by me Or under my III Perusal mpuNabn end that I am a duly 11—wed PmfeeMond two Surn)hr under ue law. of It. State of lova. R_Y. 201 GLEN 0 MEIENER P.L.S loan U.. Na 6165 My H—we rmewd dole M Oeumber 31, EEL( '.. £C A 0 p O Iwti mMVRdrl P_aaes or Mleea caverea by Nle oed: do SELL JT o�n N y CA Vl 0 p O '13 pp mit S JT O' O>z> O 5m 8 o 6` Q R F z Nn EZ]/ m 3 Dm GWEz � f 3 COO C Z� A D 1 O r 8 �. In CC k &7 Z W Z Z �T m F be eam N R 0 Z o�n N y CA Vl Exhibit "B" 9RNDARD iEGEAD AND vmcs S SENSMVE SLOPE LEGEND OVERALL Sn LAYOUT POOL EXHIBIT LOT 97 OF WALNUT RIDGE PART 10 ABd OWMY IYfQIHIATMR40L 9 e i M9 =a 9RNDARD iEGEAD AND vmcs S SENSMVE SLOPE LEGEND OVERALL Sn LAYOUT POOL EXHIBIT LOT 97 OF WALNUT RIDGE PART 10 ABd OWMY IYfQIHIATMR40L 9 e i OVERALL Sn LAYOUT POOL EXHIBIT LOT 97 OF WALNUT RIDGE PART 10 ABd OWMY IYfQIHIATMR40L 9 e i Exhibit "C' uoN.1e. wuswrms enioxeiasavun DETAILED LAYOUT POOL EXHIBIT LOT 97 OF WALNUT RIDGE PART 10 MAC" jMrN coon' IYmIBL7�nR.NC '. '�mmm e r eemaza � 1