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HomeMy WebLinkAbout1996-02-27 Public hearingNOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 27th day of Febru- ary, 1996, in the Civic Center Council Cham- bers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consid- er: OAn ordinance amending Title 14, Chapter 6, "Zoning," Article H, "industrial Zones, to allow the outdoor storage of recyclabie materials in the I-1 zone as an accessory use to a recycling processing facility by special exception. 2. An ordinance amending Title 14, Chapter 6, "Zoning," to allow temporary real estate sales centers in residential zones. 3. An ordinance amending the Conditional Zoning Agreement for the D&L Subdivision, located southeast of the intersection of Highway 1 and Sunset Street, to eliminate the requirement to provide access to proper- ty to the south. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Canter, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK City of Iowa City MEMORANDUM Date; January 26, 1996 To: Planning and Zoning Commission From: Scott Kugler, Associate Planner Re; Amendments to the I-1 Recycling Processing Facility Regulations. The recycling processing facility amendments that were recently recommended by the Commission are currently being considered by City Council, However, City Carton Co. has raised some objections to the proposed ordinance as it is written. They contend that many of the provisions of the ordinance would be difficult to meet on their site, and that due to market changes, the way some materials must be stored and processed are not consistent with some of the standards being proposed. It appears that the ordinance could be amended to address City Cartoh's concerns without greatly compromising the intent of the ordinance. A copy of the proposed ordinance as ~t is currently drafted is attached. Staff will be proposing to City Council at its January 30 meeting that the ordinance be adopted as drafted, and that the amendments recommended in this memorandum be considered as a follow-up ordinance addressing some of the concerns of City Carton, Co. The main area of concern for City Carton deals with restrictions on the storage of rec¥clable materials. While the existing operation on the property could continue on into the future as a non-conforming use should the proposed amendments be adopted, any future expansion or replacement of a building that is destroyed would require compliance with the new regulations. Currently, City Carton stores much of its glass, tin cans, and baled corrugated cardboard and plastic outdoors for various reasons. They would find it difficult to comply with the restriction on outdoor storage. They also have concerns about screening requirements from public streets because Benton Street, which runs through the center of their property, is elevated, causing difficulties in effectively screening the view of its facilities. The requirement for indoor storage was originally proposed due to two concerns; the control of litter and the appearance of the outdoor storage areas in the I-1 zone. The control of litter is a potential problem when dealing with some materials such as paper, and less so with others such as glass or baled corrugated cardboard. The aesthetic concerns were mainly in association with the BDI industrial park, but may also be a concern in other I-1 areas, Staff recommends that the approval of outdoor storage areas for recyclable materials be reviewed and approved on a case-by-case basis by special exception in order to ensure the appropriate location and design of the storage areas. As the ordinance is currently drafted, outdoor storage of recyclable materials could only be approved as a special exception similar to tire and appliance storage. However, the standards contained in the ordinance for a special exception approved under this category are tailored for tire and appliance storage. The 1,500 square foot restriction on the storage area, for ~nstance, would be inadequate for a large scale recycling operation such as City Carton. However, staff would not recommend relaxing the standards for tire and appliance storage. Therefore, staff recommends that if the outdoor storage of recyclable materials is provided for, that it be handled separately from the tire and appliance storage provisions. 2 Staff recommends that outdoor storage of recyclable materials be addressed by special exception, but distinguished from tire and appliance storage. This would allow a mechanism by which outdoor storage areas can be approved on a case by case basis where the Board of Adjustment feels they are appropriate, with provisions ensuring that litter control is addressed. The screening requirements for outdoor storage contained in Article S, Performance Standards, would also be referenced. These screening provisions apply to all outdoor storage areas for industrial uses. Proposed text for a separate special exception for outdoor storage of certain recyclable materials is listed below. 14-6H-1: GENERAL INDUSTRIAL ZONE (I-1): D. Special Exceptions: 5. Outdoor storage of recyclable materials, not including tires or appliances, as an accessory use to a recycling processing facility, provided: a. Paper products, cardboard, plastic, and other similar materials shall be processed by baling, pelletizing, or other means to control the spread of litter; and b. Outdoor storage of unprocessed materials shall be limited to glass, metal, or other materials that are not easily dispersed by wind, provided that they am located in a container or structure designed to control the spread of litter and debris; and c. Outdoor storage shall be limited to those materials that are intended for reuse, remanufacture, or reconstitution, and not for final disposal in a landfill, by incineration, or by other means; and d. Plans for controlling the spread of litter and debris may be required prior to the approval of the outdoor storage area. e. Screening of outdoor storage areas shall be provided as required by Article S of this Chapter. STAFF RECOMMENDATION: Staff recommends that the proposed amendments to the I-1 zone to allow the outdoor storage of recyclable materials as an accessory use to a recycling processing facility by special exception be approved. bJ~,- 1 amend Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development Prepared by: Scott G. Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5243. ORDINANCE NO. ORDINANCE AMENDING TITLE t4, CHAP- TER 6, ENTITLED "ZONING," ARTICLE H, ENTITLED "INDUSTRIAL ZONES," TO AL- LOW THE OUTDOOR STORAGE OF RECyo CLABLE MATERIALS IN THE I-'1, GENERAL INDUSTRIAL ZONE, AS AN ACCESSORY USE TO A RECYCLING PROCESSING FACIL- ITY BY SPECIAL EXCEPTION. WHEREAS, the City Council recently amend- ed the Zoning Chapter to allow recycling pro- cassing facilit~es in the I-1, General Industrial zone; and WHEREAS, the amendments did not include provisions for the outdoor storage of recyclable materials; and WHEREAS, the City feels that the outdoor storage of recyclable materials is appropriate in the I-1 zone provided that litter control and screening are adequately addressed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, Chapter 6, entitled "Zoning," Article H, entitled "Industrial Zones," Subsection 1D, "Special Exceptions," is hereby amended by adding subsection 14-6H- ID5 as follows: 5. Outdoor storage of recyclable materials, not including tires or appliances, as an acces- sory use to a recycling processing facility, provided: (a) Paper products, cardboard, plastic, and other similar materials shall be processed by bailing, pelletizing, or other means to control the spread of litter;, and (b) Outdoor storage of unprocassed materials shall be limited to glass, metal, or other materials that are not easily disbursed by wind, provided that they are located in a container or structure designed to control the spread of litter and debris; and (c) Outdoor storage shall be limited to those materials that are intended for reuse, re- manufacture, or reconstitution, and not for Ordinance No. Page 2 final disposal in a landfill, by incineration, or by other means; and (d) Plans for controlling the spread of litter and debris may be required pdor to the approv- al of the outdoor storage area; and (el Screening of outdoor storage areas shall be provided as required by Article S of this Chapter. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If any section, provision or part of the Ordinance shall be ad- judged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of 19 MAYOR ATTEST: CITY CLERK ,~o ve'-~d-~Jb~Y.~3_.~. 7-.'" Ci~rney'~ ~.~- ~' ~, NOTICE OF PUBUC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, iowa, at 7:30 p.m. on the 27th day of Febru- ary, 1996, in ths Civic Center Council Cham- bers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consid- er: 1. An ordinance amending Title 14, Chapter 6, "Zoning," Article H, "Industrial Zones, to allow the outdoor storage of recyclable materials in the I-1 zone as an accessory use to a recycling processing facility by special exception. ~ An ordinance amending Title 14, Chapter 6, "Zoning," to allow temporary real estate sales centers in residential zones. 3. An ordinance amending the Conditional Zoning Agreement for the D&L Subdivision, located southeast of the intersection of Highway 1 and Sunset Street, to eliminate the requirement to provide access to proper- ty to the south. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Ordinance No. Page 2 (RS-8)," is hereby amended by adding to Subsection C, entitled "Provisional Uses," as follows: 8. Model dwelling unit. 9. Real estate sales center subject to re- quirements of Article L of this Chapter. e. Article D, Section 2, entitled "High Density Single-Family Residential Zone (RS-12)," is hereby amended by adding to Subsection C, entitled "Provisional Uses," as follows: 7. Model dwelling unit. 8. Real estate sales center subject to re- quirements of Article L of this Chapter. f. Article D, Section 2, entitled "Neighborhood Conservation Residential Zone {RNC-12)," is hereby amended by adding to Subsection C, entitled "Provisional Uses," as follows: 8. Model dwelling unit. 9. Real estate sales center subject to re- quirements of Article L of this Chapter. g. Article D, Section 2, entitled "Factory Built Housing Residential Zone (RFBH)," is here- by amended by adding to Subsection C, entitled "Provisional Uses," as follows: 6. Model dwelling unit. 7. Real estate sales center subject to re- quirements of Article L of this Chapter. h. Article D, Section 2, entitled "Low Density Multi-Family Residential Zone (RM-12)," is hereby amended by adding to Subsection C, entitled "Provisional Uses," as follows: 8. Model dwelling unit. 9. Real estate sales center subject to re- quirements of Article L of this Chapter. i. Article D, Section 2, entitled "Medium Density Multi-Family Residential Zone (RM-20)," is hereby amended by adding to Subsection C, entitled "Provisional Uses," as follows: 15. Model dwelling unit. 16. Real estate sales center subject to re- quirements of Article L of this Chap- ter. J. Article D, Section 2, entitled "Neighborhood Conservation Residential Zone (RNC-20)," is hereby amended by adding to Subsection C, entitled "Provisional Uses," as follows: 12. Model dwelling unit. 13. Real estate sales center subject to re- quirements of Article L of this Chap- ter. k. Article D, Section 2, entitled "High Density Multi-Family Residential Zone (RM-44)," is hereby amended by adding to Subsection C, entitled "Provisional Uses," as follows: 9, Model dwelling unit. Ordinance No. Page 3 10. Real estate sales center subject to re- quirements of Article L of this Chap- ter. I. Article D, Section 2, entitled "Planned High Density Multi-Family Residential Zone (PRM)," is hereby amended by adding to Subsection C, entitled "Provisional Uses," as follows: 9. Model dwelling unit. 10. Real estate sales center subject to re- quirements of Article L of this Chap- ter. m. Article L, Section 1 is hereby amended by adding a new Subsection R, as follows: R. Real Estate Sales Centers 1. The permitted use of a model home as a real estate sales center shall expire when the number of dwelling units remaining to be sold is less than 10% of the total number of dwelling units approved for the development or five (5), whichever is less. 2. Employees shall be limited to the minimum number needed to show and sell the dwelling units within the same development. 3. The hours of operation shall be limited to between the hours of eight o'clock (8:00) A.M. and nine o'clock (9:00) P.M. SECTION I1. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION I11. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,19 MAYOR ATTEST: CITY CLERK Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St.. Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," TO ALLOW REAL ESTATE SALES CENTERS IN RESIDENTIAL ZONES, AND RELATED AMENDMENTS. WHEREAS, model dwelling units and real estate sales centers may facilitate the sale of residential dwelling units; and WHEREAS, model dwelling units and real estate sales centers may be compatible with surrounding residential developments, provided that certain operational standards ere adhered to. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Title 14, Chapter 6, entitled "Zoning," of the City Code is hereby amended as follows: a. Article B, entitled "Zoning Definitions," Section 2, "Definitions," is hereby amended by adding a definition of "MODEL DWELL- ING UNIT" as follows: MODEL DWELLING UNIT: A permanent structure within a residential zone which has the primary purpose as a dwelling unit, with the temporary provisional use as an example of other units to be built in the same development. b. Article B, entitled "Zoning Definitions," Section 2, "Definitions," is hereby amended by adding a definition of "REAL ESTATE SALES CENTER" as follows: REAL ESTATE SALES CENTER: A tem- porary on-site office within a model dwell- ing unit with the provisional use as a real estate office for the sale of dwelling units and/or lots within the same subdivision or development in which the sales center is located. c. Article D, Section 2, entitled "Low Density Single-Family Residential Zone (RS-5)," is hereby amended by adding to Subsection C, entitled "Provisional Uses," as follows: 6. Model dwelling unit. 7. Real estate sales center, subject to re- quirements of Article L of this Chapter. d. Article D, Section 2, entitled "Medium Density Single-Family Residential Zone City of Iowa City MEMORANDUM Date: February 1, 1996 To: Planning & Zoning Commission From: Robert Miklo, Senior Planner John Yapp, Planning Intern Re: Model Home and Real Estate Sales Center as a Provisional Use Recently Midland Homes, Inc. requested permission to install a combination model home and sales center in one of their speculative homes in South Pointe, a subdivision at the southern boundary of Iowa City (see attached letters.) Currently, our zoning ordinance does not allow sales centers in residential zones. A phone survey of other Iowa municipalities has revealed that some communities allow model homes and sales centers as a temporary use, even when that use is not spelled out in the ordinance. One community surveyed, Ankeny, Iowa, specifically mentioned a real estate office as a temporary use allowed in residential zones, terminating upon completion or abandonment of the project. The Zoninq Report indicates that nationally, many zoning ordinances allow model homes and sales centers, but also include requirements designed to minimize the effects that such uses may have on surrounding residential neighborhoods. The following proposed amendment is based on information contained in the October 18, 1991 and January 22, 1993 editions of The Zoning Repod, and comments from planning staff in other cities. Staff feels that it would be reasonable to amend the City Code to define and allow for a combina- tion model home & sales center as a provisional use in residential zones. Model homes and on- site sales centers are incidental to and facilitate the sale of speculative homes in residential areas. Staff feels that there should not be a limit to the number of model homes or model units in any development, but there should only be one sales center in each development. As proposed on Exhibit A (attached), the definition of a sales center allows the use of a dwelling unit within the development for use as a real estate office for the same development, but not for any other developments or properties. The use of an on-site real estate sales center is limited to a model home which will eventually become a dwelling unit when the sales center is closed. This definition does not allow offices in temporary structures within the subdivision, such as a mobile office. This restriction will help to preserve the residential character of the development after some households have moved in, and the remainder is being sold. One possible negative side effect of allowing sales centers in residential areas would be traffic to and from the sales center. This may be minimized by restricting the number of employees allowed in the sales center to those directly involved in the showing and selling of units within the same development, and by prohibiting the use of a model home as a sales center after 90% of the units in the development have sold. The above two restrictions will also help to prevent the sales center from becoming anything more than a temporary real estate office for the correspond- ing development. STAFF RECOMMENDATION: Staff recommends the zoning ordinance be amended to include definitions of MODEL DWELLING UNIT and REAL ESTATE SALES CENTER, and that Model Dwelling Units and Real Estate Sales Centers be allowed as a provisional use in all RS, single-family; RM, multi-family; and RFBH, factory-built housing zones, subject to requirements in Article L. Approved by: ;ari'n ~.nklin, Director Department of Planning and Community Development Attachments: 1. Letter from Ted Grob, Midland Homes 2. Letter from Kadn Franklin, City of Iowa City 3. Exhibit A - Proposed Amendments EXHIBIT A PROPOSED MODEL DWELLING UNIT/REAL ESTATE SALES CENTER AMENDMENTS Definitions MODEL DWELLING UNIT: A permanent structure within a residential zone which has the primary purpose as a dwelling unit, with the temporary provisional use as an example of other units to be built in the same development. REAL ESTATE SALES CENTER: A temporary on-site office within a model dwelling unit with the provisional use as a real estate office for the sale of dwelling units and/or lots within the same subdivision or development in which the sales center is located. Allow as provisional uses in the RS, single-family; RM, multi-family; and RFBH, factory- built housing zones. Article L: Provisional Uses and Special Exceptions requirements. 14-6L-1: R. Real Estate Sales Centers 1. The permitted use of a model home as a real estate sales center shall expire when 90% of the dwelling units in the development are sold. 2. Employees, other than those showing and selling dwelling units within the same development, are prohibited. 3. The hours of operation shall be limited to between the hours of eight o'clock (8:00) A.M. and nine o'clock (9:00) P.M. :Mr. Tom ~cott Cho4rm. an l) ~ Z 410 ~as.: Washington St. low~ City. Iow~ $2240 Dear Mr. Scott: We have been trying, unsuccessfully, to install a combination furnished model and sales center in one of our speculative homes in Southpointe, an Iowa City development. It is a marketing tool we have employed successfully in a dozen different communities in which ...... "' ' ~ ' '* ' ' honie 111tlllxe,.,11~s ,.uncept usea cxtenslYe:3, in ,,e buJl~a b21G 5¢:1110m¢s. It is Ir~ f~l&.[, 0. nc~a/ . -'- .; .... . · communities, large and small, throughout the U.S. Ron Boose has denied us permission to do so on the basis that your building code/ ordinance does not p~,rmit such uses. Mr. Boose and I are in disagreement as he believes it is the ordinance that prohibits such usage and I believe it is merely his incorrect interpretation of that ordinm~ce. Midland Homes builds in 13 other communities which do allow such sales centers and their ordinances are not much different than yours. I have sent Mr. Boose the names and telept,one numbers of building officials in other communities where we are allowed such sah.s centers. Mr. Boose suggested we send a letter to the Planning & Zoning Commission and City Council in an effort to have the ordinance changed, rewritten or modified. My experience in getting ordinances changed has proven exceedingly difficult and time consuming. I would appreciate any advice or suggestion you might have. Ted Grob President CC Karen Franklin Steve Akin~ MIDLAND HOMES. INC. 4949 We,town Parkway · St. lite 195 · We~,t De'. Mome,.. I,,wa 50266 . 51~.221 4661 · FAX 515 221-4660 1520 M:dland Court NE · Suit,: 100 · Cedar Rap~d~. iowa 5Z402 · 110 ~'}5 9951 · FAX }556 South Ctllpcppcr Circle · Suite 1048 · Springheld. Ml~ouft 65804 · 417 889-541t · FAX 411-889-5850 January 3, 1996 CITY OF I0 WA CITY Ted Grob Midland Homes Inc. 1520 Midland Court NE, Suite 100 Cedar Rapids, IA 52402 Dear Mr. Grob: In response to your letter regarding the provision of a model homes/sales center in your iowa City subdivision, I want to let you know that we have begun the process to amend our Zoning Ordinance to permit such uses in single-family residential zones. We expect to bring a text amendment to our Planning and Zoning Commission by February 1, which should result in passage of this ordinance by the City Council before the first of April. We do not find any particular problem with this kind of use within a single-family residential zone and, therefore, will support this amendment as it goes through the process. We have not provided for such a use since speculative housing has not been built in Iowa City in some time. I hope that this has not caused undue delay in your ability to market your homes in Southpointe. Please feel free to contact me at 356-5232 if you have any questions about the ordinance amendment, the process, or the timing. Sincerel~ Earin Franklin, Director Department of Planning & Community Development CC: Stephen Atkins Tom Scott--"' Mr. Tom Scott Ch.:trman P & Z 410 East Washington St. Iowa City. Iowa 52240 ' ..MI'DLANI}, . .HOMES De~ Mr. Scott; We have been trying, unsuccessfully, to install a combination furnished model and sales center in one ofour speculative homes in Southpointe, an Iowa City development. It is a marketing tool we have employed successfully in a dozen different communities in which we build ~aid s¢!i hom..'s. It is in fact, a ne'~, home mm'keting concept used cxtensivei~ in communities, large and small, throughout the U.S. Ron Boose has denied us permission to do so on the basis that your building code/ ordinea~ce does not permit such uses. Mr. Boose and I are in disagreement as he believes it :s ~he ordinance that prohibits such usage and I believe it is merely his incorrect interpretation of that ordinance. Midland Homes builds in 13 other communities which do allow such sales centers and their ordinances are not much different than yours. I have sent Mr. Boose the names and telepl-.one numbers of building officials in other communities where we are a}lowed such sah's centers. Mr. Boose suggested we send a letter to the Planning & Zoning Commission and City Council in an effort to have the ordinance changed, rewritten or modified. My experience in getting ordinances changed has proven exceedingly difficult and time consuming. 1 would appreciate any advice or suggestion you might have. Ted Grob President CC Karen Franklin Steve Akins MIDLAND HOMES. INC. 49{9 Wc.~town Parkw,~v · Suste 105 · West Des Mmnc,. Iowa 50266 · 515-221 466~ · FAX 515.221-4660 1520 blsdland Court NE · $ustc 100 . C~:dar Rapids. h.w.~ 52402 · ~19.~05 0951 · FAX ~19-195-7280 ~556 South Culpepper Circh.- · Suite 104B · Springfield. M~,~our~ 65804 · 417-889 54~ · FAX 417.889.5850 HOME E]UILDERS ASSOCIATION OF IOWA CITY JanuaD' 26, 1996 F~.O. B o x ~) ~) ~ B IowB (~ity, Iowa [~44 F~hone: (51 D) 3~51 -[5:):~B Fax: (319]337-9823 Mr. Bob Mildo Senior Planner City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Re: Real Estate Sales Centers The Home Builders Association of Iowa City would like to thank you and the Iowa City Planning Department for responding to a request from one of our members, Midland Homes, Inc., addressing the need and allowance of Sales Centers in a new residential area. We would like to go on record as supporting the proposed amendment we received dated January 4, 1996, attached to a memorandum from John Yapp. We do however, suggest omitting 14-6L-1 R.1. as proposed. Based on Mr. Yapp's memo, the purpose of this 90% requirement is to prevent or reduce negative side effects of traffic in a residential area. It can be documented by observing Sales Centers in other areas that the percentage of a developed subdivision, be it 10% or 99% developed, has very little, if any, impact on the amount of traffic in a new subdivision. We strongly recommend presenting the remainder of the proposal as written to the Planning and Zoning Commission for passage. Thank you for your assistance in this matter. Sincerely ~esi~ Glenn Siders Local Government Affairs Chairperson affiliated with NATIONAL ASSOCIATION OF HOME BUILDERS & HOME BUILDERS ASSOCIATION OF IOWA Prepared by: Robert Miklo, ;anner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 ORDINANCE NO, NCE ANIENDING TITLE 14, CHAPTER 6, LED "ZONING," TO ALLOW REAL ESTATE CENTERS IN RESIDENTIAL ZONES, ) RELATED AIViENDMENTS. WHEREAS estate sales residential WHEREAS, estate sales surrounding resident that certain oF to. NOW, THEREFORE, CITY COUNCIL OF THE IOWA, THAT: SECTION I. 6, entitled "Zoning," of tl amended as follows: a. nodal dwelling units and res ars may facilitate the sale units; and dwelling units an may be compatil with developments, standards a IOWA CITY, itle 14, Chapter Code is hereby Article B, "Zonin Section 2, "Defi~ is,,here~y amended by adding a d~f~ of MOD~_ DWELL- ING UNIT" aT~f(3 MODEL,/DWE UNIT: A pei~manent structure//within a residential zone~which has ,he/~rimary purpose with zt, t~e temporary provisional use as,an exa~a'ple of other units to be built in sa/a~e development.. b. ~ft'_ '~.cl~e ~B_ ~, ,~en_~i.!led 'Z.oning Definitions,"~ Section 2, "Definitions,' is h..ereby amended by adding a de!inition of REAL ESTATE SALES CENTER as follows: REAL ESTATE SALES CENTER: A tem- porary on-site office within a model dwell- ing unit with the provisional use as a real estate office for the sale of dwelling units and/or lots within the sams subdivision or development in which the sales center is located. c. Article D, Section 2, entitled "Low Density Single-Family Residential Zone (RS-5)," is hereby amended by adding to Subsection C, entitled "Provisional Uses," as follows: 6. Model dwelling unit. 7. Real estate sales center, subject to re- quirements of Article L of this Chapter. d. Article D, Section 2, entitled "Medium Density Single-Family Residential Zone No, Page 2 (RS-8)," is hereby amended by adding to Subsection C, entitled "Provisional Uses," as follows: 8. Model dwelling unit. 9. Real estate sales center subject to re- quirements of Article L of this Chapter. e. Article D, Section 2, entitled "High Dens/W Single-Family Residential Zone {RS-12)~' is hereby amended by adding to C, entitled "Provisional Uses," as 7. Model dwelling unit. E~. Real estate sales center sub to re- quirements of Article L of th f. icle D, Section 2, entitled "N ihborhood g. Article D, Housing by amended entitle( 6. Model dwelli 7. Real estat~ ql h. Article D, Multi-Famil hereby C, entitl 8. 9. rvation Residential (RNC-12)," ~by amended by addinl Subsection ed as follows: dwelling unit. sales subject to re- of Artic L of this Chapter. "Factory Built (RFBH)," is here- to Subsection C, Uses," as follows: unit. center subject to re- icle L of this Chapter. "Low Density Zone (RM-12)," is by ng to Subsection as follows: dwelling unit. estate sales centet~subject to re- ments of Article L o~this .C, hapter. i. Ar D, Section 2, entitl~,d Medium .Multi-Family Residential Zone ,' is hereby am.e, nded b~adding :ion C, entitled Provisional Uses, ~VS; 15. Model dwelling unit. ~ 16. Real estate sales center subject~,o re- quirements of Article L of this Chap- ter. j. Article D, Section 2, entitled "NeighborhoOd Conservation Residential Zone (RNC-2{~),~ is hereby amended by adding ~.o Subsection~ C, entitled "Provisional Uses,' as follows: 12. Model dwelling unit. 13. Real estate sales center subject to re- quiremerits of Article L of this Chap- ter. . k. Article D, Section 2, entitled High De,ns/t? Multi-Family Residential Zone (RM-44)," is hereby amended by adding to Subsection C, entitled "Provisional Uses," as follows: 9. Model dwelling unit. Ordinance No. Page 3 10. Real estate sales center subject to re- quirements of Article L of this Chap- ter. Article D, Section 2, entitled "Planned High' msiw Multi-Family Residential Zone RM)," is hereby amended by addingZt,o' ~bsection C, entitled "Provisional Us/~s," ~llows: / 9. Model dwelling unit. 1 0 Real estate sales center subje/t to re- ~i~ements of Article L of?s Chap- m. Article L~ Section I is hereby~h~ended by adding a ~ Su )section R, a]~, follows: R. Real E.~ : S; ~les Center~' 1. Th ~rrr itted u~ egfa model home as aal estate .s~les center shall SECTION parts of sions of SECTI( provi~ adju units than dwelling developme is less. be sold is less total number of approved for the or five (5), whichever wing within prohi led, The to {8:00) ;lock (9:00) P.M. REPEALER, All in conflict than those sho- dwelling units )ment, are of Ol shall be the hours of .M. and nine ances and he provi- ~ are hereby re III. SEVERABILITY. If any action, or part of the Ordinance 91i be to be invalid or such ication shall not affect the validity the as a whole or any section, ed invalid or un( SECTION IV. EFFECTIVE DATE. This nance shall be in effect after its final passa! approval and publication, as provided by law. Passed and approved this __ day of ,19 MAYOR ATTEST: CITY CLERK City A~ o r n e,/~O~xfi'c e NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 27th day of Febru- ary, 1996, in the Civic Center Council Cham- bers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consid- er: 1. An ordinance amending Title 14, Chapter 6, "Zoning," Article H, "Industrial Zones, to allow the outdoor storage of recyclable materials in the I-1 zone as an accessory use to a recycling processing facility by special exception. 2. An ordinance amending Title 14, Chapter 6, "Zoning," to allow temporary real estate sales centers in residential zones. (~An ordinance amending the Conditional Zoning Agreement for the D&L Subdivision, located southeast of the intersection of Highway I and Sunset Street, to eliminate the requirement to provide access to proper- ty to the south. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: Charles Dennay, Assoc. Planner, City of Iowa City, 410 E. Washington St. Iowa City, IA 52240; (319) 358-5247 ORDINANCE NO. AN ORDINANCE AMENDING THE CONDITIONAl- ZONING AGREEMENT FOR THE D&L SUBDIVISION, LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY I AND SUNSET STREET WHEREAS, on March 16, 1993, the City Council approved Ordinance No. 93-3563, (hereinafter "Ordinance") rezoning an approximate 19.1 8 acre property known as the Dane Tract, from County C-2, Commercial and A-l, Rural, to C1-1, Intensive Commercial, a portion of which was subsequently plattad and is known as the D&L Subdivision; and WHEREAS, said Ordinance authorized execution of a Conditional Zoning Agreement between the City of Iowa City (City) and Harold John Dane, Jr. and Allagra Dane ("Owners"), which agreement limited development of the subject property; and WHEREAS, Condition 4.b set forth in the Agreement required that an internal circulation system be provided and that access to properties to the north and south also be provided; and WHEREAS, at the time tha property was annexed and rezoned the future of the Iowa City Municipal Airport was uncertain; and WHEREAS, the City Council has decided that the Airport will remain in its present location; and WHEREAS, the decision that the Airport will remain in its present location negates the need to provide access to property to the south, that is owned by the Airport; end WHEREAS, the City and Owners now wish to amend the original Conditional Zoning Agreement to eliminate the requirement to provide access to property to the south of the D&L Subdivision, which amended Agreement is attached hereto and incorporated by reference herein. Ordinance No, Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Ordinance 93-3563 and the accompanying Conditional Zoning Agreement are amended by deleting Section 4.b of the Agreement in its entirety and adopting in lieu thereof the following: 4.b) Future development of the Dane tract shall include an internal circulation drive which will provide access to any development on the annexed property, as well as access to the property located north of the Dane tract. This internal drive and access shall be shown on all site plans for future development. SECTION II. AMENDED C~NDITIONAL ZONING AGREEMENT, CERTIFICATION AND RECORDING. Following final passage and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Amended Conditional Zoning Agreement between the property owners and the City, and after said execution, the City Clerk is hereby directed to certify a copy of this Ordinance and the Amended Conditional Zoning Agreement for recordation in the Office of the Recorder, Johnson County, Iowa, at the Owner's expense, all as provided by law. SECTION I11. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. Ordinance No. Page 3 SECTION V. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,19 MAYOR ATTEST: CITY CLERK Prepared by: Charles Denney, Assoc. Planner, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5247 AMENDED CONDITIONAL ZONING AGREENIENT This agreement is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "the City") and Harold John Dane, Jr. and AIlegra Dane (hereinafter "Owners"). WHEREAS, Owners are legal title holders of property located east of Highway 1 and west of the Iowa City Municipal Airport, legally described in Exhibit "A" attached hereto; and WHEREAS, on March 16, 1993 the City of Iowa City approved Ordinance 93-3563 rezoning the approximate 19.18 acre tract of property formerly known as the Dane Tract from County C-2, Commercial and A-l, Rural to C1-1, Intensive Commercial, a portion of which was subsequently platted and is known as the D&L Subdivision; and WHEREAS, said ordinance authorized execution of a Conditional Zoning Agreement between the City and the Owners which limited development of the property; and WHEREAS, said Ordinance and Agreement were recorded on March 22, 1993 in Book 1514, Page 205 of the Johnson County Recorder's Office; and WHEREAS, Condition 4.b set forth in said Agreement required that an internal circulation system be provided and that access to properties to the north and south also be provided; and WHEREAS, the City and Owners now wish to amend the Conditional Zoning Agreement to delete the requirement for providing access to property to the south of the D & L Subdivision. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: The parties acknowledge that at the time they entered into the original Conditional Zoning Agreement, the future of the Iowa City Municipal Airport was uncertain and therefore, in order to limit major access points on Highway 1, access to the property to the south was required through the subject property in case the airport moved to another location. The parties further acknowledge that the City Council has decided that the Airport will remain in its present location for some time, negating the need to provide access to the airport through the subject property. The Parties acknowledge that the original Conditional Zoning Agreement required that access be provided to properties both north and south of the subject property. The original Conditional Zoning Agreement dated February 23, 1993 and recorded in Book 1514, Page 205 of the Johnson County Recorder's Office shall be and is hereby amended by deleting Section 4.b in its entirety and inserting in lieu thereof the following: 2 Future development of the Dane tract shall include an internal circulation drive which will provide access to any development on the annexed property, as well as access to the property located north of the Dane tract. This internal drive and access shall be shown on all site plans for future development. The Parties acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (1995) and are appropriate conditions required to protect the public safety of both the residents in the area and the community. Owners acknowledge that in the event the subject property is transferred, sold, redeveloped or subdivided, all redevelopment will conform with the terms of this Agreement. The Parties acknowledge that this Amended Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land and shall remain in full force and effect as a covenant running with the title to the land, unless or until released of record by the City. The parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the parties. Nothing in this Agreement shall be construed to relieve the Owners from complying with all applicable, local, state and federal regulations. Nothing in this Amended Conditional Zoning Agreement in any way alters, amends or modifies the original Conditional Zoning Agreement except as set forth above. The Parties .~,gree that the Iowa City City Clerk shall record this Amended Conditional Zoning Agreement in the Johnson Coun{y Recorder's Office at Owners' expense. Dated this day of ,1996. APPLICANT CITY OF IOWA CITY, IOWA By: Harold John Dane, Jr. By: Naomi J. Novick, Mayor By: Allegra G. Dane ATTEST: Marian K. Kerr, City Clerk. 3 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Harold John Dane, Jr. and Allegra G. Dane, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of ,19 __, before me, , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing ins(rument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinancel (Resolution) No. passed by the City Council, on the day of . , 19__, and that Naomi J. Novick an~l Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. i)p(:ladmin~dene.cza Notary Public in and for the State of Iowa EXHIBIT A That part of the Northwest Quarter of the Northwest Quarter, Section 21, Township 79 North, Range 6 West of the 5th PM, Iowa City, Johnson County, Iowa, described as follows: Commencing as a point of reference of the Northwest corner of the Northwest Quarter of said Section 21; thence South 89°48'37" East 492.80 feet along the North line of said Northwest Quarter (assumed bearing for this description only) to a point of intersection with the Southeasterly right-of-way line of State Highway No. 1, said point being the point of beginning; thence continuing South 89048'37" East 1 31.26 feet along said North line to the Northwesterly corner of Auditors Parcel C of the Plat of Survey recorded in Book 239, Page 146 at the Johnson County, Iowa, Recorder's Office; thence Southwesterly 79.18 feet along a 500.00 foot radius curve concave Southeasterly (chord South 37°25'08" West 79.10 feet) and along a Westerly line of said Parcel C to a point of tangency; thence South 20o25'08" West 474.07 feet along the Westerly line of said Parcel C; thence South 69°34'52" East 240.00 feet along a Southerly line of said Parcel C; thence South 20°25'08" West 274.02 feet along a Westerly line of said Parcel C to the most Southerly corner of said Parcel C; thence South 71 °00'00" West 85.38 feet; thence North 74°22'00" West 500.40 feet, to a point of intersection with the West line of said Northwest Quarter; thence North 01 °45'00" East 70.08 feet along said West line to a point of intersection with the Southeasterly right-of- way line of said Highway No. 1; thence North 37025'08" East 844.82 feet along said right- of-way line to the point of beginning. The area of this described parcel is 6.41 acres more or less and is subject to easements and restrictions of record. FEB ~6 '96 0~:55 813 493 695[] Prepared by: Charles Danney, A~oe. Plannee, City of Iowa C~ty, 410 E. Washington St., Iowa CIW, IA ~2240; (319) 3S6-5247 AMENDliD CONDITIONAL ZONING AGREEMENT This agreement is made by and between the City of Iowa City, Iowa, a Municipal Corporation {hereinafter "the City") and Harold John Dane, Jr. and Allogre Dane (hereinafter "Owners"). WHEREAS, Owners are legal title holdera of property located east of Highway 1 end west of~ the Iowa City Municipal Airport, legally described in Exhibit "A" attached hereto; and WHEREAS, on March 18, 1993 the City of Iowa City approved Ordinance 93-3563 rezoning the epproxlmate 19.18 acre tract of property formarty known as the Dane Tract from County I C-2, Commercial and A-l, Rural to C1-1, Intensive Commercial, a portion of whi0h was. subsequently platted and is known as the D&L Subdivision; and '. WHEREAS, said ordinance authorized execution of a Conditional Zoning Agreement between the City and the Owners which limited development of the property; and WHEREAS, said Ordinance and Agreement were recorded on March 22, 1993 in Book 15t4, Page 205 of the Johnson County Racordar's Office; end WHEREAS, Condition ~,.b set forth in said Agreement required that an internal circulartoni system be provided and that acceas to properties to the nnrth and south also be provided; and', WHEREAS, the City and Owners now wish to amend the Conditional Zoning Agreement tel delete ~he requirement for providing access to property to the south of the D & L SubdivisiOn. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The parties acknowledge that at the time they entered ipto the original Conditional[ Zoning Agreement, the future of the Iowa City Municipal Airport was uncertain and~ therefore, in order to limit major access points on Highway 1, access to the property ~ to the south was required through the subject progerry in case the airport moved to ~ another location. The parties further acknowledge that the City Council has decided~ that the Airport will remain in its present location for some time, negating the need to' provide access to the airport through the subject property. ; The Parties acknowledge that the original Conditional Zoning Agreement required thatI access be provided to properties both north and south of the subject property. ~ e The original Conditional Zoning Agreement dated Februap/23, 1993 and recorded In'. Sock 1514, Pag~ 205 of the Johnson County Recorder's Office shall be and is hereby i amended by deleting Section 4.b in its entirety and inserting in lieu thereof the. following; FEB 26 ~gG 0~:5G 813 ~93 695~ 2 bo Future development of the Dane tract shall include an internal circulation drive which will provide access to any development on the annexed property, as wellI as access to the property located north of the Da~e tract. This internal drive; and access shell be shown on all site plans for future development. i The Parties acknowledge thatthe conditions contained herein are masonable conditions to impos~ on the land under Iowa Code §414.5 I1995) and are appropriate conditions ~ required to protect the public safety of both the residents in the area and the community. Owners acknowledge that in the event the subject property is transferred, sold,' redovaloped or subdivided, all redevelopment will conform with the terms of thisI Agreement. The Parties acknowledge that this Amended Conditional Zoning Agreement shall be! deemed to be a covenant running with the land and with the title to the land and shall~ remain In full force and effect as a covenan~ running with the title to the land, unlesai or until ~eleased of record by the City. The parties further acknowledge that this, Agreement shall inure to the benefit of and bind all suoceasore, representatives and~ assigns of the parties. Nothing in this Agreement shall be construed to relieve the Owners from gemplying[ with all applicable, local, state end federal regulations. Nothing in this Amended Conditional Zoning Agreement in any way alters, amends ol4 modifies the original Conditional Zoning Agreement except as set forth above. I Dated The Parties agree that the Iowa City City Clerk shall record this Amended Conditional! Zoning Agreement in the Johnson County Recorder°e Office at Owners' expense. ; APPLICANT 1996. CITY OF 10WA CITY, IOWA Naomi J. 'Novick, Mayor ATTEST: Marian K. Kerr, City Clerk City of Iowa City MEMORANDUM Date: January 18, 1996 To: Planning and Zoning Commission From: Charles Denhey, Associate Planner Re: REZ96-0001, D&L Subdivision, Highway I and Sunset Street In February of 1993 the City annexed and rezoned the subject property, referred to as the Dane tract, from County C-2, Commemial and A-l, Rural, to C1-1, Intensive Commemlal. The rezoning was subject to a Conditional Zoning Agreement (CZA) which specified infrastructure improvements and design requirements for development of the site. The CZA contained a condition requiring an internal cimulation drive for the property that would provide access to any development on the site, as well as access to property located to the north and south of the site. This condition was included to assure that lots with direct access to Highway 1 would be minimized. The applicant, Dave Larson, is requesting the CZA be amended to eliminate the requirement to provide access to property to the south. At the time the Dane tract was rezoned the status of the Iowa City Municipal Airport was being discussed. it was not clear at that time whether the airport would remain in its current location. If the airport was to move the property south of the Dane Tract would likely be developed, and providing access between the two parcels was viewed as being important. Subsequent to the approval of the rezonmg a decision to keep the airport In its present location has been made. Because of this decision, development of the parcel south of D&L Subdivision is not feasible. The applicant has also indicated that Lots 3 and 4 will be developed as one property. For these reasons the applicant is requesting that the requirement to provide access to the south be eliminated. Staff feels that approval of the request is appropriate. Access to the south is no longer needed so the requirement should be deleted. If the requested amendment is approved the applicant will need to amend the final plat to eliminate the access easement across Lot 4 and an amendment to the legal papers releasing the easement will need to be recorded. Both of these tasks can be completed administratively and do not require action by either the Planning and Zoning Commission. STAFF RECOMMENDATION Staff recommends that the proposed amendment to the Conditional Zoning Agreement for the D&L Subdivision to eliminate the requirement to provide access to property to the south be approved. ATTACHMENTS 1. Location Map 2. Final Plat Approved by: Robert Miklo, Senior Planner Dept. of Planning and Community Development bc5-1CD LOCATI]O~ Ill C:\WORKING~REZ~9§-01 ' -L'7-11111111111 - - FOLLOWI~ I~ -'~ "~ BEST DOCUMENT AVAIlaBLE FIH~L PLAT AI~D L SUBDIVISION IOWA CITY~ IOWA February 20, ] 996 City Council 410 East Washington City of Iowa City, Ia. Re: Request for expedited consideration for the approval to amend the Conditional Zoning Agreement to eliminate the requirement to continue the access road to the south in D&L Subdivision. Dear Council Members: We are asking for the City Council to consider expedited consideration to amend the Conditional Zoning Agreement to eliminate the requirement to continue the access road to the south. Due to alterations in the March meeting schedule, and the minor nature of this proposal we hope the schedule for adoption can be shortened as much as is allowed by law. The owner John Dane has entered into a purchase agreement for the sale of the two lots involved. The buyer of the lots would like to begin construction as soon as possible. All parties involved would appreciate cooperation in finalizing the transaction. The Planning and Zoning Commission is recommending the approval of the amended Conditional Zoning Agreement and has sent it to you for adoption. Ifthere are any questions please feel free to call me. On behalf of John Dane and myself, we want to thank you for your consideration in this matter. David Larsen D&L Development P.O. Box 383 Wellman, Iowa 52356 319-646-6590 Prepared by: Charles Denney, Assoc. Planner, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240; {319) 356-5247 AMENDED CONDITIONAL ZONING AGREEMENT This agreement is made by and City of Iowa City, Iowa, a Municipal Corporation (hereinafter "the City") and )]d John Dane, Jr. and Allegra Dane (hereinafter "Owners"). WHEREAS, Owners are legal tit holders of property located east of Highway 1 and west of the Iowa City Municipal Airport, ;gaily described in Exhibit "A" attached hereto; and WHEREAS, on March 16, ;ity of Iowa City approved Ordinance 93-3563 rezoning the approximate 19.18 ac ~oper y formerly known as th)~ Dane Tract from County C-2, Commercial and A-l, Rural tOo~l-1, Intensive Cornmercia)l, a portion of which was subsequently platted and is known as he. D&L Subdivision;7 WHEREAS, said ordinance authorized e ~ution of a Condit~dnal Zoning Agreement between the City and the Owners which limited /elopment o.~e property; and WHEREAS, said Ordinance and Ag /ere rec~ofded on March 22, 1993 in Book 1514, Page 205 of the Johnson County Offi. p(~; and WHEREAS, Condition 4.b set forth in said system be provided and that access to prol WHEREAS, the City and Owners no~//wish to delete the requirement for providing/~iccess to 'eement required that an internal circulation ; to the north and south also be provided; and ~end the Conditional Zoning Agreement to erty to the south of the D & L Subdivision. NOW, THEREFORE, THE P,ATES AGREE AS FOI 1. The parties acknowledge that at the time they entered into the original Conditional Zoning Agreeme~, the future of the Iowa Cif¥ Municipal Airport was uncertain and therefore, in or~;J~r to limit major access points~)n Highway 1, access to the property to the south v//'as required through the subject j~roperty in case the airport moved to another Ioc~ion. The parties further acknowledge that the City Council has decided that the A'~port will remain in its present location ~,or some time, negating the need to provid~cess to the airport through the subject pl;~perty. The P,a'rties acknowledge that the original Conditional ~oning Agreement required that 2. acc/~s be provided to properties both north and south of the subject property. 3. Th~ ong'mal Conditional Zoning Agreement dated Febru, arv 23, 1993 and recorded in Bobk 1514, Page 205 of the Johnson County Recorder s Office shall be and is hereby amended by deleting Section 4.b in its entirety and inserting in lieu thereof the following: 2 bo Future development of the Dane tract shall include an internal circulation drive which will provide access to any development on the annexed property, as well as access to the property located north of the Dane tract. This internal drive and access shall be shown on all site plans for future development. The Parties acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (1995) and are appropriate conditions required to protect the public safety of both the residents in the area and the community. Owners acknowledge that in the event the subject redeveloped or subdivided, all redevelopment will conform Agreement. transferred, sold, the terms of this The Parties acknowledge that this Amended deemed to be a covenant running with the land ~ remain in full force and effect as a covenant runn or until released of record by the City. The pa Agreement shall inure to the benefit of and bind assigns of the parties. ~ditional Agreement shall be with to the land and shall title to the land, unless acknowledge that this :essors, representatives and Nothing in this Agreement shall be construed to with all applicable, local, state and federal Owners from complying Nothing in this Amended Conditional Zonin modifies the original Conditional Zoning Agr any way alters, amends or as set forth above. The Parties agree that the Iowa City City shall rec Conditional Zoning Agreement in the Johnson Cour Recorder's =ice at Owners' expense. Dated this day of APPLICANT By: Harold John Dane, Jr. By: Allegra G. Dane , 1996. CITY OF~OWA CITY, IOWA By Naomi J. Novi ayor ATTEST: ~ Marian K, Karr~City Clerk A .~,. by , / /] 3 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Harold John Dane, Jr. and Allegra G. Dane, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed, ~ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , a Notary appeared Naomi J. Novick and Marian K. Kar me duly sworn, did say that they are the Iowa City, Iowa; that the seal affixed to tl corporation, and that the instrument w~ authority of its City Council, as contai~ by the City Council, on the Naomi J. Novick and Marian K. Ka voluntary act and deed and executed. Notary Public in ar the State of Iowa ,19 , before me, and for the State of Iowa, personally me personally known, and, who, being by ' and City Clerk, respectively, of the City of Ioing instrument is the corporate seal of the and sealed on behalf of the corporation, by lance) {Resolution) No. passed day of , 19 , and that Ig the execution of the instrument to be their y act anI deed of the corporation, by t vo untarily Notar, ~ublic in and for the State of Iowa EXHIBIT A That part of the Northwest Quarter of the North, Range 6 West of the 5th PM Commencing as a [ Section 21; thence South 89o48'37" East 492.80 Quarter (assumed bearing for this description only) point Southeasterly right-of-way line of State Highway No. beginning; thence continuing South 89o48'37" East Northwesterly corner of Auditors Parcel C of the Plat of 146 at the Johnson County, Iowa, Recorder's Office; thence ~ a 500.00 foot radius curve concave Southeasterly (chord South and along a Westerly line of said Parcel C to a point of tangin West 474.07 feet along the Westerly line of said Parcel C; 240.00 feet along a Southerly line of said Parcel C; thence feet along a Westerly line of said Parcel C to the most thence South 71 °00'00" West 85.38 feet; thence North a point of intersection with the West line of said Northwe~ Quarter East 70.O8 feet along said West line to a point of way line of said Highway No. 1; thence North 37°25'( of-way line to the point of beginning. The area of th or less and is subject to easements and restrictions ~st Quarter, Section Township 79 ~owa~ C Nort said described pa record. with the being the point of said North line to the in Book 239, Page lwesterly 79.18 feet along 7 o 25'08" West 79.10 feet) thence South 20o25'08" South 69°34'52" East 20o25'08" West 274.02 corner of said Parcel C; O" West 500.40 feet, to Southeasterly right-of- 12 feet along said right- :el is 6.41 acres more legalXsafah\exhibtt e NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 13th day of Febru- ary, 1996, in the Civic Center Council Cham- bers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consid- (~enn ordinance amending Title 14, Chapter 6, titled ~Zoning," Article K, entitled "Envi- ronmental Regulations," Section 1, entitled "Sensitive Areas Ordinance," Subsection I, entitled "Steep Slopes," to allow develop- ment activities under certain conditions on protected slopes that have been previously altered. 2. An ordinance amending the Zoning Chapter by approving a Sensitive Areas Develop- ment Plan for a 0.32 acre property located in the PRM, Planned Multi-Family Residen- tial, Zone at 51§ and 521 South Linn Street. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 13th day of Febru- ary, 1996, in the Civic Center Council Cham- bers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consid- 1. An ordinance amending Title 14, Chapter 6, entitled "Zoning," Article K, entitled "Envi- ronmental Regulations," Section 1, entitled "Sensitive Areas Ordinance," Subsection I, entitled 'Steep Slopes," to allow develop- ment activities under certain conditions on protected slopes that have been previously (~tered. n ordinance amending the Zoning Chapter by approving a Sensitive Areas Develop- mant Plan for a 0.32 acre property located in the PRM, Planned Multi-Family Residen- tial, Zone at 515 and 521 South Linn Street. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to ap13ear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Form631.1 NOTICE OF PUBLIC HEARING BUDGET ESTIMATE Fiscal Year July 1, 1996 - June 30, 1997 City of Iowa City, Iowa The City Council will conduct a public hearing on the proposed 1996 - 1997 Budget at the Civic Center, 410 E. Washington St. on February 27, 1996 at 7:30 o'clock p.m. The Budget Estimate Summary of proposed receipts and expenditures is shown below. Copies of the detailed proposed 1996 - 1997 Budget may be obtained or viewed at the offices of the Mayor, City Clerk, and at the Library. The estimated Tot Jl tax levy rate per $1000 valuation on regular property is ................... $12.653 The estimated tax levy rate per t~1000 valuation on Agricultural land is ......................... $ 3.004 At the public hearing, any resident or taxpayer may present objections to, or arguments in favor of, any part of the proposed budget. ,1996 Budget Re-estimated Actual FY 1997 FY 1996 FY 1995 REVENUES & OTHER FINANCING SOURCES Texas Levied on Property 1 Less: Uncollected Property Taxes-Levy Year 2 = Net Current Property Taxes 3 19,766,220 19,264,133 Delinquent Property Taxes TIF Revenues s 62,000 55,164 Other City Taxes 8 440,000 440,000 Licenses & Permits 7 581,450 612,855 Use of Money & Property 8 1,971,132 1,529,666 intergovernmental 9 14,496,115 18,731,434 Charges for Services ~0 27,660,552 24.883,351 Special Assessments 11 Miscellaneous 12 2,747,243 t ,641,865 Other Rnancing Sources: ~3 42,573,890 64,925,153 Total Revenues & Other Sources 14 110,298,602 132,083,621 EXPENDITURES & OTHER FINANCING USES Community Protection 15 10,676,835 10,575,173 (police,fire,street lighting, etc.) Human Development ~6 9.993,165 8,022,527 (health, library, recreation, etc.) Home & Community I:nvironment ~? 55,618,707 118,976,490 (garbage, streets, utilities. etc.) Policy & Administration ~8 5,950,085 7,095,222 (mayor, council, clerk, legal, etc.) Non-Program ~9 Total Expenditures 2o [ass: Debt Service Capital Projects Net Operating Expenditures Transfers Out Total Expenditures/Transfers Out 'Excess Revenues & Other Sourc~s~)'ver (Under) Expenditures/Transfers Out 19,766,220 19,264,133 18.424,715 82,238,792 10,260,464 24,159,127 47,819,201 23,627.890 105,866,682 4,431,920 144,669,412 46,956,165 45,673,492 52,039,7§5 35,854,112 180,523,524 (48,439,903) 18.424,715 39.070 456,834 605.311 2.651,643 14,488,528 22,477.572 53,093 42.565.829 44.534.709 146.297,104 9,575,091 7,058,847 50.140.183 4,666,862 726,653 72,167,636 14,071,255 14,565,501 43,530.880 33,058,780 105,226,416 41,O70,688 The estimated tax levy rate per $1000 valuation on Agricultural land is ......................... $ 3.004 At the public hearing, any resident or taxpayer may present objections to, or arguments in favor of, any part of the proposed budget. .1996 Budget Re-estimated Actual FY 1997 FY 1996 FY 1995 REVENUES & OTHER FINANCING SOURCES Taxes Levied on Property 1 19,766,220 Less: Uncollected Property Taxes-Levy Year == Net Current Property Taxes 3 19,766.220 Delinquent Property Taxes 4 TIF Revenues 5 62,000 Other City Taxes e 440,000 Licenses & Permits 7 581,450 Use of Money & Property 8 1,971,132 Intergovernmental 9 14,496,116 Charges for Services 10 27.660,552 Special Assessments 11 Miscellaneous 12 Other Financing Sources: 13 Total Revenues & Other Sources 14 2,747,243 42,573,890 110,298,602 EXPENDITURES & OTHER FINANCING USES Community Protection 15 (police,fire,street lighting, etc.) Human Development 16 (health, library, recreation. etc.) Home & Community Environment ~7 (garbage. streets, utilities, etc.) Policy & Administration 18 {mayor, council, clerk, legal, etc.) Non-Program 19 Total Expenditures 20 82,238,792 IJ~ss: Debt Service 21 10,260,464 Capital Projects 22 24,159,127 Net Operating Expenditures 23 47,819,201 Transfers Out 24 23,627,890 Total Expenditures/Transfers Out 25 105,866,682 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out 26 4,431,920 Beginning Fund Balance July 1 27 40,645,416 Endtrig Fund Balance June 30 28 45,077,336 10,676,835 9,993,165 55,618,707 5,950,085 19,264,133 18,424,715 19.264,133 18,424,715 55,164 39,070 440,000 456,634 612,855 605,311 1,529,668 2,651,643 18,731,434 14,488,528 24,883,351 22,477,572 53.093 1,641,865 42,565,829 64,925,153 44,534,709 132,083,621 146,297.104 10,575,173 9,575,091 8,022,527 7,058,847 118,976,490 50,140,183 7,095,222 4,666,862 726,653 144,669,412 72,167,636 46,956,165 14,071,255 45,673,492 14,565,501 52,039,755 43,530,880 35,854,112 33,058,780 180,523,524 105,226,416 (48,439.903} 41,O70,688 89,085,319 48,O14,631 40,645,416 89,085,319 W.I.N. by nurturing you & your neighborhood ... MarketMaker $WaSte InnOvation NewsSLetter c96 $$$ ReDet~.~.g"WaSte" aS PRofitForA~.T. o~$$ o$$ F or Resource EcoEconomists o $ $$ $ conserving $ for kids $ February, 1996 $... $ $W.I.N. c/o It Berkowitz $612 Granada Court $1owa City $1owa 52246 $ Phone (319) 351-3489 $ Innovation For Funneltrig More Excessive American "Waste" Back Into The Marketplace For Profit For for U.S., Our National EcoEconomy & Making Profit out of Trash * $ Alternatives to proposed Transit service cuts 2/26/96 The following pages contain ideas on how to trim the budget without any change to service. There are many more ideas of how to meet our budget short fall without cutting service, therefore I would be glad to sit down with any of you and talk about creative change that would not only save transit from extinction, but rather have it thriving in the near future. ! hope that you do what is right for the sake of the citizens of iowa City, and the great service provided to them by iowa City Transit. If you go ahead with any major service cutbacks/changes it will be the beginning of the end. I would hope that if you do cut back service you will also get rid of excess management. In the past management has went up while service has went down. ( I can't remember the scientist full name, but it is Herbert or Hubert, anyway he predicts we will be out of fossil fuels sometime around the year 2020, you need to keep this in mind). I would appreciate some form of feedback on the ideas contained within these pages, how you consider them, and any comments you have, please reply back to me thank you. Proposal 1 A.M. Management- Currently, am. supervisor opens at 5:30 am and stays until 2:00pro The transit manager arrives at 8:00am and stays until 5:00pm, as does the director The shop supervisor is also at work from 7am and stays until 3:30 pro, while the PM supervisor comes in at 2pm and stays until 11:00pro. as you can see, we have an overabundance of management, wlfich accounts for almost a quarter of a million dollars. I Would have the manager open up at 5:30 and work until 2'30., thereby eliminating one of the redundant administrative positions. This is what we have done in the past and feel this is a very efficient way to operate transit at the present time. By doing this we could reduce the budget by $40,000 PLUS. Proposal 2. P.M. Management- Since we recently merged or integrated parking and transit into one division I propose we use the management from parking and transit together to become more cost effective and efficient, this could be done by using management from parking or transit to manage both divisions after 7:00 p.m. Since the managers/supervisors at both divisions know transit procedures, this proposal would not be difficult to implement: We do this now on a regular if limited basis, Fridav's from 2:00 to 11:00 o.m. without difficulty. By using the management in this way we can save taxpayers money and use the savings for betterment of the system, and to help with the budget cutbacks. This would save at least $10,000.00 PLUS possibly more depending on how we use it Another alternative is to manage transit and parking with one manager from 2:30pm until 11:00 SAVING THE CITY $25,000.00 PLUS Proposal 3. Shop Supervisor- Some of the decisions in the past years, have I feel bloated the budget unnecessarily. Case in point is the creation of the position of shop supervisor. This position was recently created. I feel that the oosition is eroundless and recommend doin~ away' with the shoo supervisor. Since the City already pays a lead mechanic, and a senior mechanic, I feel that the position of shop supervisor is excessive. How many pairs of hands does a bolt have to pass through before it is installed in the bus. I feel that we are not a large enough system to have this many levels of supervision. By eliminating the shop supervisor we could save $40,000 to $50,000. The paper work and other miscellaneous work that the super does could easily be handled by the full time parts clerk in addition to her usual duties. Currently, the shop supervisor has no mechanical duties and the mechanics fill out their own paperwork. Proposal 4. Transit safety supervisor- This is another example of the creation of a new position which put tremendous and unwarranted inflationary pressure on transits payroll. The drivers do most of the training now for the new drivers, so we could easily integrate the first 2 or 3 days of training Monk does, in with existing drivers we have now. This is how Monk Leonard safety super trains new drivers Trainee starts driving coach around parking lot and eventually out on the street with empty bus, this usually last about 2 or 3 days. Then the tralnee is turned over to the regular bus drivers to finish training for the next 6 or 7 days or till they are comfortable with the routes at which time they start driving on their own. We could easily integrate this into a senior driver doing all of the training of the new drivers. Any additional duties of the supervisor could be performed by current personnel. In the office there would be Ron, Joe, Jenny(transit clerk), Linda ( parts clerk), and on call drivers. If needed, we could make Jennies position full-time or hire another clerk at a big savings over management wages. After all, I see no reason to have expensive managers, doing clerical work. Savin~ $ 20,000 to 40,000.00 + Proposal 5. Saturday ~nanagement - can be reduced or integrated with parking Structure on Saturday could go like this: Transit/parking management could open up 5:30 to 7:30, then let the office be handled by the on-call until pm on~call comes in at 1:30, there are lots of possible ideas for savings and efficient operation. Savings $15,000 to 20,000.00 depending on what structure we decide on. Proposal 6. Parking/Transit director - Need I say more: Another newly created position that is redundant, wasteful, and serves no other purpose, than to inflate the budget. Savin!~s $30,000.00 oius benefits IWe would be much hat0Dier if oarldn~ could be oersuaded to oar for this oosifion in full}, and we won't even charge rent for the office sgace. Proposal 7 OVERTIME, Seems that Ron got the message on this one. The increase in O.T. the past year comes from lack of management, and alone is to blame for the huge increase from the previous year. They wasted somewhere around $20,000 to $25,000 and should be held accountable, seems as though they were trying to run the o!ace in the ~round. Total overtime amounted to over $40,000.00. Suggestions for improving overall performance In order to implement the cost saving proposals listed above, several in house changes need to be made: (A) in reducing excess management during evening hours of operation, the potential arises that personnel on the night crew at transit maybe called upon to perform emergency bus switches. All night crew members should be required to have a CDL .This would allow a limited management more flexibility. (B) Because most of the phone calls to transit are merely a request for route information and because the frequency of these calls requires the full-time attention of a supervisor, the purchase and employment of an automated phone system as originally envisioned by John Luridell would not only be appropriate but essential in a limited management environment. (C) Carefully modified route changes could put an end to certain tendencies toward over staffing by eliminating the frequent use of adding a second bus or van to a route due to u'ain and traffic delays. These delays are recurrent predictable and unnecessary. With a little planning and foresight these problems could be corrected immediately. (I)) Management at SEATS and Transit could be merged into one very easily, we have the management, dispatch, and maintenance, capacity in place to handle the extra demand. However we need to make sure we operate it with efficiency and not for an excuse to bulge management and waste money. If we really want to keep service at Iowa City Transit at it's present level, then we need to look at a complete array of options, not just the very few uncreafive ideas proposed by Transit officials. Management is so out of tune with how the system works and the needs of the public: an example of this: just the other day Ron was downtown looking for a 4:15 towncrest bus which does not exist, the Towncrest Bus leaves on the hour and on the half hour, this is just plain neglect for him not to know the system any better than this after 2 years. I have never had him or Joe on my bus to see the system in action first hand nor have I heard of it from any other bus driver. ! feel that to make the proper changes to the system a person needs to know every aspect of it, and how every section works with the other. There are many creative ideas and solutions to the problems we face at Transit. My ideas would save the taxpayers/citizens thousands of dollars and they wouldn't see any changes in service. The ideas/proposals presented by management asked the citizens to continue to fund waste at the current level or more and take a decrease in service this is a double whammy to the commtmity. I think that if you were to ask the community if they would like to have managers sitting in the office or drivers driving routes and workers being productive that they would choose the latter. We need management but we don't need a glut of it. We need to find the ultimate equilibrium to take transit into the next century. l am told that we use to be the most or one of the most efficient transit systems in the nation, I would lfl~e to see us as a team strive again for this goal. We need to work on increasing ridership, this can be accomplished in many ways I have several ideas on where to start so just let me know how I can help. By implementing these ideas and approaching our problems head on we can meet this goal and surpass it. We can be, not only good but GREA. T. Thank you Dave Couchman CONVENTION GUHRI. VJ[[[ VI$1TOR~ BURBAU 408 First Avenue Coralvdle, Iowa 52241-2406 3 9-337-6592 · Mayor Novtck and Iowa City City Council 410 E..Washington Slxeet Iowa City, Iowa 52240 February 22, 1996 Dear Council Members; For nine of the past ten years, the CVB has provided grant funding to local organizations. In order to continue that tradition, we require and hereby request an unencurnbea~l 25% of the hotel tax. In your budget deliberations, please consider the following: Over 57 organizations have benefited from the Convention and Visitors Bureau's grant program since 1986. Of those, the original ArtsFest and Iowa Arts Festival have received over $5,000 and the Jazz Festival more than $2,000. Other red,lents include Riverside Theater, the Iowa City Council for International Visitors, Iowa City Hospice Races, Iowa City Swim Club, Iowa City/Johnson County Arts Council, Iowa Special Olympics, Retired Federal Employees Association, National Medical Student Assodation, Systems Unlimited, Friday Night Concert Series, Eulenspeigel Puppet theater and many, many more, totaling awards of more than $55,000. In an effort to provide the most effective return on the city's investment in tourism through the CVB, the bureau's grant criteria has always favored events that draw visitors to the area; especially visitors that are likely to spend the night in our hotels. As the popularity of our program grew, we Increased the limit of the program and found it necessary to further refine the criteria. (In one of the last years we awarded funds, we had requests for over $46,000.) We think you'll find the elements of our refined grant program in keeping with the needs of both the city to fund special events and the bureau to enhance area visitorship. This grant program, coupled with our $14,000 No-Interest Loan Fund already in place, can provide resources above and beyond those of any CVB in the state of Iowa. In fact, of the 8 bureaus that administer grants, all receive over 50% of their city's hotel tax, and none award monies in excess of $10,000 per year. - Our $14,000 No-Interest Loan Fund was used last summer for the up-front costs of hosting RAGBRAI, and promptly repaid at the completion of the event. Please understand: while we support the two festivals you have designated for the receipt of the monies we would administer in our grant program, we feel it is unfair to the nume~us smaller and very worthy organizations which become automatically eliminated from any chance of local' support. Very Sincerely, President, CVB Board of Directors 8oo- 2~ ~.6592 "*proposed 2nd ira[t. Feb. 21, 1996 Ist draft, Feb. 3, 19S5 Community Promotional Funding Program Iowa City/Coralville Convention and Visitors Bureau ! gg~-~ ~ ~t.~ Purpose of Program: To advertise m~d promote events, conventions and attractions outside the Iowa City/Coralville area. Program Promotion: 1. Press release distribution: once a month beginning January until just before deadline. 2. Letter of invitation to all past recipients. 3. Newsletter articles in IMPACT. . Cycle: Deadline for application: June 15.1996 Recipients notified: July 1, 1996 If all funds have not been designated for use after the first round of application reviews, a second application review will be offered. (Funds will be distributed near the time promotional expenses are incurred, not necessarily when recipients are notified.) Requirements: Applying organization - 1. must be non-profit. 2. must be based in Johnson County or have local affiliation. 3. must submit a one page, typed statement of why the event is deserving of CVB Promotional Funds. 4. must submit a budget and plan for the promotion of the event/convention/attraction. Criteria, reviewed by committee of the Board of Directors and membership, will be based on: 1. Ability of project to attract visitors to area. 2. Appropriate promotion or advertising. (Examples include newspaper, magazine, radio and television advertising, or direct 4. Local support and cooperation. 5. Real budget needs. 6. Presentation of request for funds. Grant Recipients will be required to - 1. Print CVB logo and 800~/on print ads or promotional materials. 2. Mention £VB and 800//on electronic media ad placements. 3. Expend funds between July 1, 1996 and June 30, 1997. 4. Provide follow-up report within 30 days of event or promotion and include. a). Copy of invoice for the promotion. b). Numbers of visitors event/conven§on/or attraction generated. c). Copy of print ad or promotional materials. For further information: Wendy Ford, executive director 319-337-6592 NOTICE OF PUBLIC HEARING ON PLANS SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR 1996 CURB RAMP PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the 1996 Curb Ramp Project in said CiW at 7:30 p.m. on the 27th day of February, 1996, said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK