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HomeMy WebLinkAbout1996-08-27 OrdinancePrepared by: :;co[t Ku/:ler..Assoc. Planner, City of Iowa City, 410 E. Washington St. Iowa City, IA 52240; ~319) 356-5243 ORDINANCE NO. AN ORDINANCE AMENDING THE CONDITION- AL ZONING AGREEMENT FOR WESTPORT PLAZA LOCATED AT 855 HIGHWAY 1 WEST WHEREAS, on June 13, 1989, the City Council approved Ordinance No. 89-3418, (hereinafter "Ordinance") rezoning an approxi. mate 28 acre property at 855 Highway 1 West from I-1, Industrial to CC-2 Community Com- mercial, said property being subsequently de- veloped as WestPort Plaza; and WHEREAS, said Ordinance authorized exe- cution of a Conditional Zoning Agreement (Agreement) between the City of Iowa City (City) and the Joseph Company, which agree- ment regulated development of the subject property; and WHEREAS, portions of said property have since been sold to RandalIs International, Morris Family Corporation, Brenton Banks, and Martel Corporation ("Owners"), upon which the Agree- ment is binding; and WHEREAS, Staples Inc., ("Applicant"), has requested that certain regulations within the Agreement be Cmended to allow further devel- opment of the subject property; and WHEREAS, Condition B.4 set forth Jn the Agreement required that the proport¥ be deveJ. oped as a cohesive, integrated development; and WHEREAS, Condition B.7 set forth in the Agreement requires that the facades of building within the development provide horizontal continuity; and WHEREAS, given the current level of develop- ment within the subject property, the anticipat- ed impacts associated with said development have been adequately addressed and the pubJic interest is no longer served by the above-refer- enced provisions. It is thus within the public interest to fiJieve said property of certain regu- lations con'.ained in the original Conditional ZonJnl7 Agr,:ement; and Ordinance No, Page 2 WHEREAS, the City, Owners and Applicant agree that the requirements for a cohesive, integrated development and to provide horizon* tal continuity of building facades are no longer necessary on said property; and WHEREAS, the City, Owners and Applicant now wish to amend the original Conditional Zoning Agreement to eliminate the requirement for a cohesive, integrated development, and to provide horizontal continuity of building fa- cades, which amended Agreement is attached hereto and incorporated by reference herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION/. Ordinance 89-3418 and the ac- companying Conditional Zoning Agreement are amended by deleting Section B.4 of the Agree- ment in its entirety and adopting in lieu thereof the following: B.4) Joseph Company agrees that the ±28 acre parcel, to be known as Westport Plaza and referred to herein as the Development Site, will be developed with one major en- trance on Highway 1 West. Nothing in this Agreement shall preclude a secondary en- trance at the eastern boundary of the Site Development. SECTION II. Ordinance 89-3418 and the ac- companying Conditional Zoning Agreement are amended by deleting Section B.7 of the Agree- ment in its entirety and adopting in lieu thereof the following: 8.7) Joseph Company agrees that the final design of the Development Site shall provide facades in the retail centers that are com- patible, as shown on the drawings present- ed to the Planning and Zoning Commission and dated April 20, 1989. SECTION Ill. AMENDED CONDITIONAL ZON- ING AGREEMENT, CERTIFICATION AND RE- CORDING. Following final passage and approv- al of this Ordinance, the Mayor is hereby autho- rized and directed to sign, and the City Clerk to attest, the Amended Conditional Zoning Agree- ment between the property owners and the City, and after said execution, the CiW Clerk is hereby directed to certify a copy of this Ordi- nance and the Amended Conditional Zoning Agreement for recordation in the Office of the Ordinance No. Page 3 Recorder, Johnson County, Iowa, at the Appli- cant's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjud9ed to be invalid or unconstitutional, such adjudication shell not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tu[ional. SECTION VI. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passege, approval and publication, as provided by law. Passed and approved this day of ,19 MAYOR ATTEST: CiTY CLERK Prepared by: Scot1 Kugler, Assoc. Planner. City of Iowa City, 410 E. Washington St., Iowa City, IA 52240; {319) 356-5243 AMENDED CONDITIONAL ZONING AGREEMENT This agreement is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "the City"), and RandalIs International, Morris Family Corporation, Brenton Banks, and Marrel Corporation (hereinafter collectively referred to as "Owners") and Staples Inc., (hereinafter "Applicant"). WHEREAS, Owners are legal title holders of property located at 855 Highway 1 West, legally described in Exhibit "A" attached hereto; and WHEREAS, on June 13, 1989, the City Council approved Ordinance No. 89-3418, (hereinafter "Ordinance"), rezoning an approximate 28 acre property located at 855 Highway 1 West from I-1, Industrial, to CC-2, Community Commercial, said property being subsequently developed as WestPort Plaza; and WHEREAS, said Ordinance authorized execution of a Conditional Zoning Agreement (Agreement) between the City and the Joseph Company, which agreement regulated development of the subject property; and WHEREAS, portions of said property have since been sold by the Joseph Company to Owners, upon which the Agreement is binding; and WHEREAS, Condition B.4 set forth in the Agreement requires that the property be developed as a cohesive, integrated development; and WHEREAS, Condition B.7 set forth in the Agreement requires that the facades of buildings within the development provide horizontal continuity; and WHEREAS, gi~,en the current level of development within the subject property, the anticipated impacts associated with said development have been adequately addressed and the public interest is no longer served by the above-referenced provisions. It is thus within the public interest to relieve said property of certain regulations contained in the original Conditional Zoning Agreement; and WHEREAS, the Parties feel that the requirements fo~ a cohesive, integrated development and to provide horizontal continuity of building facades are no longer necessary on said property; and WHEREAS, the Parties now wish to amend the original Conditional Zoning Agreement to eliminate the requirement for a cohesive, integrated development, and to provide horizontal continuity of building facades. NOW, 1. e THEREFORE, THE PARTIES AGREE AS FOLLOWS: The parties acknowledge that at the time they entered into the original Conditional Zoning Agreement, it was intended that the property would develop with connected buildings in accordance with the conceptual site plan date April 20, 1989. The parties further acknowledge that the original Conditional Zoning Agreement also required horizontal continuity in building facades, as illustrated on drawings presented to the City dated April 20, 1989. The Parties acknowledge that subsequent to the signing of the original Conditional Zoning Agreement, a private covenant was recorded which in effect restricts the development of the property in accordance with the above-referenced provisions of the original Conditional Zoning Agreement. However, given the current level of development within the subject property, the anticipated impacts associated with said development have been adequately addressed and the public interest is no longer served by the above-referenced provisions. It is thus within the public interest to relieve said property of certain regulations contained in the original Conditional Zoning Agreement. The original Conditional Zoning Agreement dated June 13, 1989, shall be and is hereby amended by deleting Sections B.4 and B.7 in their entirety and inserting in lieu thereof the following: B.4) The Parties agree that the + 28 acre parcel, to be known as Westport Plaza and referred to herein as the Development Site, will be developed with one major entrance on Highway 1 West. Nothing in this Agreement shall preclude a secondary entrance at the eastern boundary of the Site Develop- ment. B.7) The Parties agree that the final design of the Development Site shall provide facades in the retail centers that are compatible, as shown on the drawings presented to the Planning and Zoning Commission and dated April 20, 1989. 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 commdnity. Owners and Applicant 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 or Applicant from complying with all applicable, local, state and federal regulations. 3 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 agree that the Iowa City City Clerk shall record this Amended Conditional Zoning Agreement in the Johnson County Recorder's Office at Owners' expense. Dated this day of RANDALLS INTERNATIONAL ,1996. CITY OF IOWA CITY, IOWA By: MORRIS CORPORATION By: Naomi J. Novick, Mayor By: ATTEST: Marian K. Karr, City Clerk By: STAPLES, INC. BRENTON BANKS By: MARREL CORPORATION By: 4 ACKNOWLEDGEMENT OF RANDALLS INTERNATIONAL STATE OF __ ) ) ss: COUNTY On this day of , A.D. 19 , before me, the undersigned, a Notary Public in and for the State of , personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed {and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation b'y authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State ACKNOWLEDGEMENT OF MORRIS CORPORATION STATE OF .__ ) ) ss: COUNTY ) On this day of , A.D. 1 9 , before me, the undersigned, a Notary Public in and for the State of , personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is a'~ached, that {no seal has been procured by the said) corporation; that said instrument was signed {and sealed} on behalf of (the seal affixed thereto is the seal of said) said corporati(~n by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State 5 ACKNOWLEDGEMENT OF BRENTON BANKS STATE OF ~ ) ) ss.' COUNTY ) On this day of ,A.D. 1 9__, before me, the undersigned, a Notary Public in and for the State of , personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to ~vhich this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed {and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation I~y authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State ACKNOWLEDGEMENT OF MARREL CORPORATION STATE OF ~ ) ) ss: COUNTY ) On this day of ,A.D. 19 , before me, the undersigned, a Notary Public in and for the State of , personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and · respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporati,on by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State 6 ACKNOWLEDGEMENT OF STAPLES, INC, STATE OF ~ ) ) ss: COUNTY ) On this day of , A.D. 1 9 , before me, the undersigned, a Notary Public in and for the State of , personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that {no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation b~/authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State 7 STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of ,1 9__, 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 instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed by the City Council, on the day of , 19__, and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and'deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa EXHIBIT {A) WEST~RT PLAZA L~GAL DESCRIPTION Commencing at the Southeast Corner of the Southwest quarter of Section Township 79 North, Range $ West of the $th P~tnctpal Meridian; Thence NO0.S]'23'~ (An Assumed Bearing), along the East'Line of said Southwest quarter 230.00feet, to the Point of Beginning; Thence continuing NOO.$1'23'E alon, ~g said East Line of the Southwest Quarter, gZ7.]7 feet, to a Potnt~l~ich is SO0.00 fiet )outher1 SO0 51 23 W, along a 1tnem~ich is parallel with and 60.00 feet Westerly of said East Line of the Southwest Quarter ~33.6g feet, to the Southeast corner of Lot ], of Ruppert Subdivision, Part One, as Recorded in Plat Book 27,' at Page 15, ??t?R~co~ds of the_,lohnson County Recorder's Office; Thence NSg'OS'37'W, along ~ne )OUthOtly Line of said L?~ ~, 225.7! feet; Thence N4g.57'lg"W, 638.66 feet, to a Point on the Southerly R~ght-of-way Line of Iowa Primary Road No. l; Thence Southwesterly 8.81 feet, along said Southerly Right-of-Way Line on a 2231.9 foot radius curve, concave Southerly whose 8.8] p ...... foot chord bears S70.07'13~W. to o!~c. wnicn is 156.2 feet radially distant Southeasterly the ~a?.to~a Primary Road No. ], at Station ]46+50; Thence S58o2]'I8'W, along said >outnerfy Right-of-Way Line 330.50 feet, to ~ Point which is X60.00 feet, radially distant Southeasterly of satd ~enterllne of Iowa Primary Road No. ~S~t~on 1~3+00L Thence S48-]8'47'W along said Southerly Riaht-of-Wa¥ Line rJ.~ feet, ~o a yotnt which ~s 180.00 feet, radially distant §outheast~rly o~ said Centerline of Iowa Primary Road No. l, at Station 138+50; Thence S44'00'4S'W, along said Southerly Right-of-Way Line, 220.30 feet, to a Point which is on the Northeasterly Limits Line of the Existing Airport Clear Zone; Thence S4g. S7'3g"E, along said Northeasterly Limits Line, g2$.gl feet, to a Point on the North Line of the Parcel conveyed to the City of Iowa City by Warranty Deed, Recorded in Deed Book 185, at Page 32], of the Records of the Johnson County Recorder's Office; Thence Nsg.42'40"E, along said Northerly Line, feet, to the Point of Beginning. Said tract of land contains 28.084 acres, more or less, and is subject to easements and restrictions of record. 3 INTERNATIONAL ~difi~ th~ ~tl~insl ~ond~nal ~h~g ~re~m~t e~p~ aa ~ ~ mbovo, ~= ~rti~ agree thaz ~e Io~ CTW C~ Clerk shall rec.d this Ame~e~ ~l~nnat .19e8. CITY O~ IOWA CIW, IOWA By: Naar~i J. Novlck. ~Ulsv~r ' MORRIS CORPORATION ATTEST'- _, M~'ian K. K~rr, City Olark STAPLES. INC. By: (~RENTO N BANKS By: MARRF~ CORPORATION OlO/900~ S~V.L3 98/~/90 ACKNOWLEDgEMeNT OF JlJ,J,~[3ALL~ |J~q'EJJIN.&,T|oNAL whi~ ~ i~ n~e~, th0~ (ns meal ha~ b~n preG~ad by ~e ACKNOWLEDGEMENT OF MORRIS CORPnRATION STATE OF _ ~ ------ COUNTY A-D, 18__.., before me, tho undersigned, · to me ~er~nall¥ knewn, whg, ~ aRd _ -- ~ ~ ~ =aid c~porafion, by it and by ~em velumrarity executed- to be ~he voJunta~ act a~ oocu ~- ~ big}at,/public in aru~ for said County and Sta:e SNY.~3 ,Ll:IOdN~A¥(l 9§/g~/go . JL~ 28 ,o~. 10:~'~PJ'1 C-0~DGTEIN & K.qlTZ 08/2a/96 08:&0 4~319 384 4251 S~IV!~ E&T'fiJ,R¥ JUN-~?-Oe tSa S3 ~eOH,CtL~ Qf IOWA CITY ID,~l~m~l~O~ P.6/10 ~o Parties agree th~ ~e Iowi ~tY C~ ~[e~k shall ~ord this Ame~od ~n~l~nal Zoning Agrn.mln~ in ~e Joh~on ~ou~ ~acord~S 0~I~ at O~em' e~nlo. Dated This day of ,1998, RANDALLS INTERNATIONAL CiTY OF IOWA CITY, IOWA By: BY: Neomi .~. Novlok: Mayor MORRIS CORPORATION ATTEST: -. Marian K. Kerr, ~ty Qlerk STAPLES, INC. BRENTON BANKS By: _ MAlalRI~L OORPORATION By:_ JL~ 28 '% 10:3~P~ GOLDSTEIN & FRITZ SNIV~ H AT'I'~Y ACKNOWLEDGEMENT OF STAPLES, INC. COUN ) ~ P,~ and ~r ~e -~ti-~'~.. , pa~nSlly applsrld ~. ~Olpo=tlvlly. of ~ld ~on Me~ng the within end forgoing ins~mon~ to ]~ument was figned (end ~} on boh~ ~ (~ho ooal iffi~d ~oro~ I~ tho ~al of said) =aid co~oratlon bv .~o~ of i~ Bo~d of Dlro~r~; a~ ~at ~o SaI~,--~L~ ~, ~C ~- - [nd is such o~oor~ acknowledged ~ho execution of o~d ln~umont tO~e the volu~ set a~d dasd of enid n~oy~fion, by ~ anO by~ valu~erily exeo~tod. N~tu~ ~blic In a~for said County end STACEY E. ISRAEL Nota~f Public My CommiSsion Expiros April 22. 1999 3 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 agree that the Iowa City City Clerk shall record this Amended Conditional Zoning Agreement in the Johnson County Recorder's Office at Owners' expense. Dated this 16th day of July , 1996. RANDALLS INTERNATIONAL CITY OF IOWA CITY, IOWA By: MORRIS CORPORATION By: Naomi J. Novick, Mayor By: ATTEST: Marian K. Karr, City Clerk STAPLES, INC. By: B R E~,T~ BANKS ~ //~arles G. Riepe~i~f' Vice-~ resident MARREL CORPORATION 5 ACKNOWLEDGEMENT OF BRENTON BANKS STATE OF IOWA ) ) ss: LINN COUNTY ) REBECCA L, STEVENS On this 16oh day of July , A.D. 19 96., before me, the undersigned, a Notary Public in and for the State of Iowa , personally appeared Charles G. Riepe ~ , to me personally known, who, being by me duly sworn, did say that ~'~i~m the senior vice presicteat3d - , ~h~fi~aN, of said corpo~i(~6 executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (a~ld~smaled) on behalf of (~)seat~J~l~k~etg~sBakek~l~id~ said corporation b'y authority of its Board of Directors; and that the said senior_ vice ?resil:]ent as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed, Notary Public in and for said County and State ACKNOWLEDGEMENT OF MARREL CORPORATION STATE OF .__ ) ) ss: COUNTY ) On this day of , A.D. 19 , before me, the undersigned, a Notary Public in and for the State of , personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State 3 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 agree that the Iowa City City Clerk shall record this Amended Conditional Zoning Agreement in the Johnson County Recorder's Office at Owners' expense, Dated this day of RANDALLS INTERNATIONAL MORRIS CORPORATION · 1996, CITY OF IOWA CITY, IOWA By: Naomi J, Novick, Mayor By: ATTEST: Marian K, Karr, City Clerk STAPLES, INC. By: BRENTON BANKS By: MARREL CORPORATION 4 ACKNOWLEDGEMENT OF RANDALLS INTERNATIONAL South STATE OF Dakota ) ) ss: Davlson COUNTY ) On this ]6th day of August ,A.D. 1 9.f~6 , before me, the undersigned, a Notary Public in and for the State of South ])akota , personally appeared Willia~ ~. ]~ell and -- , to me personally known, who, being by me duly sworn, did say that they are the Vice President and -----' , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said Vice President - and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State ACKNOWLEDGEMENT OF MORRIS CORPORATION STATE OF __ ) ) ss: COUNTY ) On this day of , A.D. 1 9 ., before me, the undersigned, a Notary Public in and for the State of , personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to · which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State 5 ACKNOWLEDGEMENT OF BRENTON BANKS STATE OF ) ) SS: COUNTY ) On this day of ,A.D. 19 , before me, the undersigned, a Notary Public in and for the State of personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and · respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed {and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State STATE OF ~ ACKNOWLEDGEMENT OF MARREL CORPORATION ) ) ss: A ~t¢--C~ ~e-*J kt COUNTY ) On this ~ day of ~ ) , A,D, 19 , before me, the undersigned, a Notary Publ~ in agd for the S~ate of 2~ -- , personally appeared ~. O~% ~ and · . , to me personally known, who, being by me duly sworn, did say that they are the [)~ ~ and '- , respectively, of said corporation executing the within and foregoing instrument to which this is a~ached, that (no seal has bean procured by the said) corporation; that said instrument was signed {and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the ~ ~ . and '. as such officers acknowledged the execution of said instrument 83-801 P~lic in an~o~aid County and State BetheJ Pm'k ~o. Rlegh~ny Coun,~ 6 ACKNOWLEDGEMENT OF STAPLES, INC. OF ) ) ss: COUNTY ) , A.D. 190'{{~ , before me, the undersigned, a ~55¢,<-'~--~.-~.~[-~ , personally appeared , to me personally known, who, On this (~(.) day of ~.~5-~ Notary Public in and for the State of ' t~'O~,c.,.4 ~a~ I~-- ".~',d being by me duly sworn, did say that they are the ~ ,~ ~ &,(~ ~d , respectively, of said corporation executing the within and foregoing instrument to which this is a~ached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public ~3)and for said County and State 53ACEY E. ISRAE Nelary Publlc ~y..Comml~ion Expires Alii) 32,19~9 Prepared By: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; (319)356-5243 ORDINANCE NO. 96-3738 ORDINANCE AMENDING THE ZONING ORDI- NANCE BY CHANGING THE USE REGULA- TIONS OF APPROXIMATELY 80 ACRES LO- CATED SOUTHEAST OF SYCAMORE STREET AND NORTH OF THE SOUTH WASTE WATER TREATMENT FACILITY. WHEREAS, the applicant, the Langenberg Family Trust requested annexation and rezoning of approximately 80 acres of land located southeast of Sycamore Street and north of the South Wastewater Treatment Facility, from County RS, Suburban Residential, to ID-RS, Interim Development; and WHEREAS, the Comprehensive Plan and the Fringe Area Agreement suggest that low densi- ty single-family residential development is appropriate for property in this location; and WHEREAS, the proposed ID-RS zoning would limit development on said property until such time as City services are available; and WHEREAS, low-density residential zoning in this location is consistent with the current or future use of adjacent properties and in the City's best interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. ZONING AMENDMENT. The prop- erty described below is hereby reclassified from its present classification of County RS, subur- ban residential, to ID-RS interim development: The W Y2 of the SE % of Section 26, Town- ship 79 North, range 6 West of the 5th P.M. containing 80 acres more or less. 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 final approval of the annexation of the subject tract by the City Development Board, and upon final passage, approval and publication of the Ordinance as provided by Law. Ordinance No. 96-3738 Page 2 SECTION III. CERTIFICATION AND RECORD- ING. The City Clerk is hereby authorized and directed to certify and record a copy of this Ordinance, at the Owner's expense, in the Office of the County Recorder of Johnson County, Iowa, upon final approval of the annex- ation of the subject tract by the City Develop- ment Board and upon final passage and publica- tion of the Ordinance as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as ~ whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 27th day of AugiJst ,19 c,l§ . MAYOR {.., L/ {. , ATTEST: CITY CLERK Ordinance No. 96-3738 Page 3 It was moved by Baker and seconded by Ordinance as mad be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton X Novick X Thomberry X Vanderhoef Norton that the First Consideration 8/6/96 Vote f or passage: AYES: Vanderhoef, Baker,Kubby, Norton, Novick, Thornberry. NAYS: None. ABSENT: Lehman. Second Consideration ................. Vote for passage: Date published 9/4/96 Moved by Baker, seconded by Thornberry, that the rule requiring ordin- ances 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 be waived and the ordinance be voted upon for fianl passage at this time. AYES: Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. NAYS: None. ABSENT: Kubby. Contact Person: Robert Miklo, Senior Planner, City of Iowa City, 410 E. Washington St.,Iowa City, IA 52240; 319/356-5240 ORDINANCE NO. 96-3739 AN ORDINANCE AMENDING THE ZONING CHAPTER BY APPROVING A SENSITIVE AR- EAS DEVELOPMENT PLAN AND CHANGING THE USE REGULATIONS FROM RS-12, HIGH DENSITY SINGLE-FAMILY RESIDENTIAL TO OSA/RS-12, SENSITIVE AREAS OVER- LAY/HIGH DENSITY SINGLE-FAMILY RESIDEN- TIAL FOR A 2.29 ACRE PROPERTY LOCATED AT THE INTERSECTION OF DUBUQUE STREET AND MEADOW RIDGE LANE. WHEREAS, the applicant has requested a zone change from RS-12 to OSA/RS-12 for property located at the intersection of Dubuque Street and Meadow Ridge Lane has also re- quested approval of a Sensitive Areas Develop- ment Plan on the same property; and WHEREAS, the Sensitive Areas Development Plan identifies a conservation easement for the purposes of preserving protected and critical slopes; and WHEREAS, the Sensitive Areas Development Plan is in compliance with the Sensitive Areas Ordinance; and WHEREAS, the Planning and Zoning Commis- sion has reviewed the application for Sensitive Areas rezoning and Sensitive Areas Develop- ment Plan, and recommended approval of both. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. ZONING AMENDMENT. 1. The property described below is hereby reclassified from its present classification of RS-12 to OSA/RS-12. Commencing at the Southeast Cor- ner of Lot 16, Meadow Ridge Subdi- vision, Iowa City, Iowa, as recorded in Plat Book 15, at page 36, of the records of the Iowa City Johnson County Recorder's Office; Thence S03o28'22"E, 241.35 feet; Thence S87o30'43"W, 192.O0 feet; Thence SO5Ol 8'44"W, 101.94 feet; Thence N46o58'34"W, 138.85 feet; Thence N3OoO6'35"W, 256.08 feet; Thence N56o35'OO"E, along the Southerly Right-of-Way Line of Meadow Ridge Lane, a distance of 95.66 feet to a Ordinance No. 96-3739 Page 2 point on the South Line of said Lot 16, Meadow Ridge Subdivision; Thence S86°56'17"E, along said South Line, 337.23 feet, to the Point of Beginning. Said parcel of land contains 2.29 acres, more or less and is subject to easements and restrictions of record. 2. The Sensitive Areas Development Plan for the property described above is hereby approved. SECTION II. ZONING MAP. The Zoning Offi- cial 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 thie Ordinance as provided by Law. SECTION III. CERTIFICATION AND RECORD- IN__.~G. The City Clerk is hereby authorized and directed to certify and record a copy of this Ordinance, at the Owner's expense, in the Office of the County Recorder of Johnson County, Iowa, upon final passage and publica- tion as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VI. [:FFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this _27t. h day of ^ugu~t ,19_9§ · MA I_ ~/ (., , .' ATTEST: CITY CLERK Ap . Y ~. Ordinance No. 96-3739 Page 3 It was moved by Norton and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby --'kr---- Lehman _.L--- Norton X ------- . Novick X Thomberry X- Vanderhoef Vanderhoef that the First Consideration 8/6/96 Vote f or passage: AYES: Kubby, Norton, Novick,,Thornberry, Vanderhoef, Baker. NAYS: None. ABSENT: Lehman. Second Consideration Vote for passage: Date published 9/4/96 Moved by Norton, seconded by Lehman, that the rule requiring ordin- ances to be considered and voted on for passage at two Council meet- ings prior to the meeting at which it is to be finally passed be sus- pended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Norton, Novick, Thornberry, Vanderhoef, Baker, Lehman. NAYS: None. ABSENT: Kubby. Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356- 5247 ORDINANCE NO. 96-3740 AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTI- CLE H, ENTITLED "INDUSTRIAL ZONES," SECTION 1, ENTITLED "GENERAL INDUSTRIAL ZONE." WHEREAS, the General Industrial Zone, I-1 zone, is intended to provide for the develop- ment of most types of industrial firms; and WHEREAS, a trucking terminal would allow a centralized facility for the loading and unload- ing of goods and materials; and WHEREAS, a truck terminal facility will allow for greater mobility of goods and mated- als; and WHEREAS, the Planning and Zoning Com- mission has recommended that the definition of a truck terminal facility be added to the zoning definitions section of the City Code and, to protect the balance of uses within the I-1 zone, has recommended that truck terminal facilities be allowed in the I-1 zone as a provisional use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Chapter 6, entitled "Zoning Chapter," Article B entitled "Zoning Definitions," be amended to include the follow- ing definition: TRUCK TERMINAL FACILITY: A facility for the storage of truck trailers devoted to the loading and unloading and temporary storage of goods and materials. Chapter 6 entitled "Zoning Chapter," Article H entitled "Industrial Zones," Section 1 entitled "General Industrial Zones," be amended to add the following provisional use. (c) PROVISIONAL USES. (5) Truck terminal facilities, provid- ed: a. All vehicles on the property are in operational condition and are properly licensed as required by State or Federal b. No vehicle is stored for more than 45 continuous days on the property. c. The parking and trailer storage area is surfaced Ordinance No. 96-3740 Page 2 with asphalt, concrete, or a similar dust-free surface designed and maintained to prevent the flow of water onto adjoining properties. d. Screening is preserved, planted, constructed, and maintained according to Section 14-6S-11. Screen- ing shall also be provided along any lot lines which abut a designated arterial street in a manner sufficient to effectively obscure the truck terminal facility from view from the arterial street, using the screening standards in Section 14-6S- 11B. SECTION I1. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby re- pealed. SECTION III. SEVERABILITY. If any sec- tion, 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 2?t, hday of August. ,19 96 . MAYOR I ATTEST: CITY CLERK / A by Ordinance No. 96-3740 Page 3 It was moved by R~k~r and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef I PhmRn that the Fimt Consideration ~/6/96 Vote for passage: AYES: Norton, Thornberry, Vanderhoef, Baker, Kubby, Novick. NAYS: None. ABSENT: Lehman. Second Considemtion Votefor passage: Date published 9/4/96 Moved by Baker, soconded by Lehman, 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: Thornberry, Vanderhoef, Baker, Lehman, Norton, Novick. NAYS: None. ABSENT: Kubby. Prepah~d,..b.y Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA ORDINANCE NO. AN ORDINANCE AMENDING CITY TITLE 14, CHAPTER 6, ENTI~ "ZONING," ARTICLE K, EN1 "ENVIRONMENTAL REG ULA'I ECTION 1, ENTITLED "SENSITr )INANCE," EAS, in December the City Council dopted a Areas Ord mplement ~ environmental policies set the Iowa City Compre WHEREAS, implementing Ordinance has and streamline ordinance; an( WHEREAI the [ to the Se Areas intended make the :perience with Sensitive Areas he need to clarify '' of the ,mendments ,ance are more practical, ,, implement end 9r to underst/rid, and place a higher ~ on admin,~trative review of develo ~m ~ projej~ts in environmentally sensitive ~rE ~s~ and/ /WHEREAS, the Sensitive Areas C/ommittee recommended the proposed /~mendments to the Planning and Zoning Comm!ssion and the Riverfront and Natural Areas Commission, and those Commissions have reviewed the proposed amendments to the Sensitive Areas Ordinance and have recommended adoption of said amendments to improve the implementation of the ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, :'HAT: SECTION I. APPROVAL. Chapter 6, entitled "Zoning Chapter," Article K, entitled "Environmental Regulations," Section 1, entitled "Sensitive Areas 240; 319/356-52.~1 Ordinance No. Page 2 \ \ \ Ordinance," is hereby amended as follows: "\~A. Amend subsection 14-6K-lB, · entitled "Definitions," by: 1) repealing the definition of "ARCHAEOLOGICAL SITE, SIGNIFICANT" in its entirety and adding a new definition of "ARCHAEOLOGICAL SITE, ~IGNIFICANT" to read as follows: CHAEOLOGICAL SITE, NIFICANT: An archaeologica sit of prehistoric or histo cance that is considerec the rate Historic Preser Offic~ be eligible for the I Historic Place., 2) adding a Jefinition of OBJECT" follows: 3) HISTORIC greater than repealing the in its entirety definition of SLOPE: An with a feet, a An artifact of age. !ion of "SLOPE" ~d adding a new 'E" as follows: round surface, ing or altered, rise at least 10 which is otherwise d by the City, :h as City appr of a Grading prior to 13, 1995. 14-6K-1 C, by: subsection 14-6K-1( a2 in its entirety and adding a subsection 14-6K-1C1a2 follows: 2) Woodlands two (2) acres in size or greater, located on sites containing critical slopes or stream corridors, repealing subsection 14-6K-1C 1 a3 in its entirety repealing subsection 14-6K-1C2a6 in its entirety and adding a new subsection 14-6K-1 C2a6 as follows: 6) Woodlands two (2) acres in size or greater, where no other B. Amer "A 1) 2) 3) Ordinance No. Page 3 4) 1 5) re in 6) sensitive features requiring a Sensitive Areas Overlay rezoning are present, and where no critical slopes or stream corridors exist on the site dding a new subsection 14-6K- 5, and tenumbering all :ions as appropriate, as ritical Slopes (25%-39%) ;ing subsection 14-6K-1 ;ntirety and adding new :ion 14-6K-1C as 6) Full ~ydric hated JSDA Soi Johnson Count repealing th~ st sentence of subsection 6K-1C3b in its entirety an( Jing a new last sentence 1 4-6K- 1C3b If [ is exempt, the ~licant rst apply for obtain of the ption from City before development occurs. subsection D, led "Exemptions," ~dding a new subsection )6 as follows: 6. Activities that disturb than one acre of a wetland ided that such activities ~re approved by the U.S. Corps of Engineers throu nationwide permit. Amend subsection 14-6K-IF, entitled "Submittal Requirements," by: 1) repealing subsection 14-6K- 1F164 in its entirety and adding a new subsection 14- 61(-1F 1 b4 as follows: 4)Steep and critical slopes 2) repealing subsection 14-6K- 1Fle in its entirety and adding ~)rdinance No. ae 4 3) E, Amend "Wetlands," 1) 2) a new subsection 14-6K-1F1e as follows: e. Other data and information as may reasonably be required by the City, including requiring Ihe delineation of a area on the plan well as the location o ',ing to protect sensiti~ res during constructio ng the introdu( subsection 1F2 ~d adding new :cry sent~ of 14-6~ as follows: 2. S Areas Develc Submittal information a Sensitive Areas De~ )merit Plan, which acc~ es a Sensitive Areas rezoning applica ;lude: entitled in its subs ion foil( 1) 1G3a1 and ~g new 14-6K-1 as Prior to any nt activity occurring on a containing a potential as defined above or as showr on the Sensitive Areas Inventory Map - Phase I, the property owner shall provide a delineation of the wetland area(s) accepted by the U.S. Army Corps of Engineers prior to the submittal to the City of a Sensitive Areas Overlay rezoning application and a Sensitive Areas Development Plan, or a Sensitive Areas Site Plan, for City review. repealing subsection 14-6K-1G3a2 in its entirety and adding a new subsection 14-6K-1G3a2 as Ordinance No. Page 5 3) follows: 2) If the property owner certifies that no development activity will occur within one hundred fifty feet (150') of the apparent edge of a suspected or potential wetland area{s} on the site, the requirement for delineation by a wetland specialist or the Corps may be waived by the City. In th~ of a waiver, the propel 3er shall grant ~g in favor of the C ed or org of reta wetland one protection natural open owner shall follow set OF Areas in the sensitive a rezoning an roup the the urrounding 50') undeveloped ~ace, and the be allowed to for a :e Plan as Section, was the .=ature Areas a Sensitive Areas Develo ~ent Plan. g the first sentence of introductory paragraph subsection 14-6K-1G3b and addin! a new first sentence of introductory paragraph of subsection 14-6K-1G3b as follows: b. Wetland Buffer Requirements: A one hundred foot (100'), undisturbed, natural buffer shall be maintained between any development activity and a "wetland(s)" as defined in the Sensitive Areas Ordinance, unless said development activity is exempted under subsection 14-6K-1D, entitled "Exemptions." Ordinance No. Page 6 4) 5) 6) repealing subsection 14-6K-1G3c1 in its entirety and adding a new subsection 14-6K-1G3c1 as follows: 1) No grading, dredging, clearing, filling, draining, or other development activity shall occur within a delineated wetland or required buffer area, unless said activity is part of a mitigation plan as approved under subsection 14- iK-1G4, entitled "Wetland ation," or is a such as a trail, .~r the provision,, of ~ction 14-6K-1E Permitted hin and BuffE of and 3rid sentence to -6K-1G3c3 as repealing subsection adding a new subsection follows: The ,tment of storm water h the use or combi~ use constructed wet n basins, ve filter stri sediment or other means the water runoff rkaches a wetland will be considereRas part of a mitigation plan as prodded in ,s, ubsection 14-6K-!,G4, e~titled Wetland Mitigation. repealing subsection 14-6K-1G~c6 in its entirety and adding a n~w subsection 14-6K-1G3c6 ~s follows: 6) The removal of foreign or\ invasive species, inc!ud. ing intrusive native varieties, within a wetland or buffer area may be permitted when approved as part of a mitigation plan as provided under subsection 14-6K-1G4, Ordinance No. ge 7 7) 8) entitled "Wetland Mitigation." the first sentence of the troductory paragraph of section 14-6K-1G4, entitled :land Mitigation," and adding a first sentence of the uctory paragraph of subs, ion 14-6K-1G4 as follows: We Mitigation: A Sensil Areas rezoning/Ser Areas ;velopment or Sensitive Site for property c taining a I, as defined in Areas Ordinance, ,~ a mitigation plan showinc. all regulations contained in su ,~ction 14-6K-1G3, entitled "We Regulations," will be met. re luctory sentence of su .-6K-IG4a and addir ' sentence of ~K-1G4a as In addition to tl~ submittal requirements c,o~ined in subsection 14-6K-1~, enti~,led "Submittal Requirerr~nts,' a wetland mitigation plan shall include the follO~,wing information: ~ 9) repealing subsection 14-6K-1G~a4 in its entirety and adding a r~w subsection 14-6K-1G4a4 ~,s follows: ~ 4) Information regarding the~ characteristics of the wetland necessary to derelm'me the allowable buffer reduction as provided in su,b, section 14-6K- ent t,ed ?et,and. uf!er Requirements, if a reduction is requested. 10) repealing subsection 14~6K-1G4a5 in its entirety and adding a new subsection 14-6K-1G4a5 as follows: 5) A storm water management No. le 8 plan indicating that the requirements of Section 14- 3G, entitled "Storm Water Collection, Discharge and {unoff," and subsection 14- :~, which is listed "Design Standards" and storm water runoff sedimentation, will be 11) 12) the introductory of subsection 14-6K- 1G4b2 md adding a new introdu~ ry sentence of 14-6K-1G4b2 as follows: 2) The r( compa hie replaced shall be wetlands n~ criteria above repealing peragra~: 6K-1G SL acement ratio habi for the sted in K-1G4bl ~ming: int 14- and adding new paragrapt of 14-6K-1G4c ~s Where com'pensat or~, mitigation is proposed,~ the mitigation plan specified in subsection 14-6K-1G4, entitle.d. "Wetland Mitigation," must be prepared by a wetland specialist. A compensatory mitigation plan must include the following components: F. Amend subsection 14-6K-1H, entitled "Stream Corridors," by: 1) repealing subsection 14-6K-1H2 in its entirety and adding a new subsection 14-6K-1 H2 as follows: 2. Stream Corridor Regulation by Other Agencies: The approval Ordinance No, Page 9 2) re ItS 3) of a Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan or a Sensitive Areas Site Plan sha be in addition to applicant's need to permits required state or federal agenci and does not alter the a obligation to satisfy all other applicabl( state or federal re and )ermits. ng subsecti( 14-6K-1H3 in irety an~ ~ a new as follows: Regulations: Any erty located adjacent to Iowa River or another stre orridor i~ Iowa City wi uired to submit a ~,reas Site Plan, roperty qualifies an under subsection K-1 D, entitled "Exemptions," 's considered under a ve Areas Overlay fezoran Areas Develo Plan review required for nother sensitive feature on repealing the int roductor~ aph of subsection 14-6K-1H4a adding a new paragraph of subsection 1H4a as follows: a. Unless exempt under subsection 1 4-6K-1D, entitled Exemptions," the following buffer requirements will be maintained; when other sensitive features are located within a stream corridor, the most stringent required protective buffer will apply. G. Amend subsection 14-6K-11, entitled "Steep Slopes," by: 1 ) repealing the title of subsection 14- Ordinance No. Page 10 6K-11 and adding a new title of subsection 14-6K-11 as follows: I. Regulated Slopes 2) g subsection 14-6K-112a in entirety and adding a new 14-6K-112a as follows: a. Steep Slopes - Any property :ontaining steep slopes (18- ~%) shall be required to )mit a Sensitive Areas Site unless said property :ies for an exemption unde subsection 14-6K-1D, "Exemptions." The Areas Site Plan must with the desi ~or regulated sic specified 1, 114, 3) repealing in its entirety and a new subsection 14-6K-11 follows: b, Critical slopes ~ny property containing cri slopes (25- 39%) shall quired to submit a ,reas Site Plan and ~, unless said for an exen under ;ction 1 K-1 D, ent led The rive ..... Site Plan must with the design standards regulated slopes specified subsection 14-6K-114, and~ Grading Plan must conform with the requirements of the Grading Ordinance. ling the first and second rice of subsection 14-6K-112c dding a new first and second nce of subsection 14-6K-112c lows: Protected Slopes - Any area designated as a natural protected slope (40% +) shall not be graded and must remain in its existing state, except Ordinance No. Page 1 1 that natural vegetation may be supplemented by other plant material. Any such property shall be required to submit a Sensitive Areas Overlay rezoning application, Sensitive Areas Development Plan and a Grading Plan, unless said ,roperty qualifies for an under subsection 1 6K-1D, entitled "l mptions," adding 112d as d. If a that will protected that will not impact may a the new subsection perty owner ifies activity feet of a opment activity roach upon or opes, the City the :uirement of ,as Overlay ,e Areas 3ment Plan and allow property o follow review procedures for a nsitive Areas Site Plan no other sensitive the site require a Sensitive eas ~ Overlay rezoningt ~e ~i Areas Development Plan. : 6) repealing the last sentence o~ subsection 14-6K-113 and adding a\ new last sentence of subsection 1 4- 6K-113 as follows: If a geologist or professional engineer can demonstrate to the satisfaction of the City that a development activity can be designed to eliminate hazards, the ~ buffer requirements may be reduced. 7) repealing the introductory paragraph and subsections a and b of subsection 14-6K-114 and adding a new introductory paragraph and Ordinance No. Page 12 subsections a and b of subsection 14-6K-114 as follows: 4. Design Standards for Regulated Slopes: The following standards shall be addressed when either Sensitive Areas Site Plan o~ Sensitive Areas Ow rezoning/Sensitive )evelopment Plan for )ntaining regulated ~rnitted: a. Except for P have equ pe the ocated. the )es is Y '-zoned lot or containing shall area o at least forty (40%) of the ot size required ~,!n which it is example, area would be a ~mum of 3,200 square for a lot in the zone, where a minimum 000 square foot is required.] b. Except for driveways utilities installation grading or shall be allowed outside the construction area on lots containing protected slopes. Grading and excavation shall be minimized on steep and critical slopes. H. Amend subsection 14-6K-1J, entitled "Wooded Areas," by: 1) repealing subsection 14-6K-1J2 in its entirety and adding a new subsection 14-6K-1J2 as follows: 2. Woodland/Grove Regulations: a. Any property containing a woodland located on sites Ordinance No, Page 13 containing critical slopes or stream corridors will be required to submit a Sensitive Areas Overlay rezoning application and a Sensitive Area Development Plan, pri( to woodland clearing commencing development act nless said p alifies for ;r subsecti, 1 4-6K- 1 en tied b. Am g a woodla but not requ!red to have ,'itive Areas 0 I a y rezo Areas will be uired to lit a Areas Plan ,flor to woodland ' ~g or commencing development activit unless said property qualifies for an exemption under subsection 14-6K- 1D , e n.,t it I e d "Exemptions. c. Site plans, grading plans and subdivision plats for any property containing a grove of trees shall illustrate the grove on the plan or plat prior to commencement of any development activity, and will take measures to protect and retain as much of the grove as practicable, unless said property qualifies for an exemption under subsection 14-6K-1D, entitled "Exemptions." Ordinance No. Page 14 If the property owner certifies that no development activity will occur within fifty feet (50') of the trunks of the trees at the perimeter of a woodland, the requirements of subsection a. above for a Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan ma, waived. The woodial and a fifty foot protection area she preserved as pul or 3rivate open spac h a ~servation cont by a association. and during ion or grading on fence will be maintained along outside rimeter of Prior the ere( /~he woodland ffer area /to protect the )'q,odland J from development / activities. ~ 2) re,p'ealing the introductory senter~e ~subsection 14-6K-1J4 an~ /adding a new introductory sentence / of subsection 14-6K-1J4 as follows: / Design Standards for Woodland / Retention: The following standards / should be addressed when either a / Sensitive Areas Site Plan or a / Sensitive Areas Overlay J rezoning/Sensitive Areas Development Plan is submitted: 3) repealing subsection 14-6K-1J4a and adding a new subsection 14- 6K-1J4a as follows: a. To the extent possible, woodlands located on steep Ordinance No. Page 15 I. Amend "Fully 1) its StJ 2. and/or critical slopes and/or within 100-year flood plains should be given the highest retention priority when meeting the requirements of subsection 14-6K-1J3, entitled "Woodland Retention and Replacement uirements," ~bsection 14-6K-1K, entitled ;oils," by: subsection 14-6K-1K2 in and adding a new 14-6K-1 K2 as follows: ons: a. If ly hydric soils on property ment act ~s owner a wetlands alist verify whether lands exist on the wetlands are fou on the site ~: /ith the we r of Sensitive teas (Section 4- 5K-1) will be required. More stringen~ construction safeguards, ~, as specified by the City, will be required for streets and storm water management facilities located in fully hydric soils. Sump pump discharge tiles and elevations of window openings may also be regulated, as specified by the City. ~ c. Properties containing fully hydric soils, but not otherwise requiring a Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan, will require a Sensitive Areas Ordinance No. Page 16 2) Site Plan review. d. Fully hydric soils, in and of themselves, will not be deemed sufficient to require a Sensitive Areas Overlay rezoning. repealing subsection 14-6K-1 K3 in a new its entirety and adding subsection 14-6K-1K3 as 3. Design Standards: extent possible, development be designed so that of fully hydric soils will as ,n envirc used storm detention, land .ment or greenbelts Jm corridors and lood open space. 14-6K-1L, entitled ~," by repealing .2c and adding a as follows: prairie size or larger, requiring a Overlay Areas neigh~ J. Amend subse( "Prairie Rel subsection new subs c. Pro re one not ot nsitive rezoning/Sensit To Development Plan ...... \require a Sensitive Areas Site Plan ,'~view. Amend subsection 14-~K-1M, entitled "Archaeological Sites," by:~ 1 ) repealing subsection 1 4-6K- 11~1 b in its entirety and adding a )~ew subsection 1 4-6K-1 M1 b as foiloyes: b. Allow the opportunity f~ documentation and study of~ important prehistoric and historic sites. repealing subsection 14-6K-1M2 in its entirety and adding a new subsection 1 4-6K-1 M2 as follows: 2. Regulation of Archaeological Sites by Other Agencies: The approval of a Sensitive Areas Development Plan or a Sensitive Areas Site Plan under Ordinance No. Page 1 7 3) 4) addin 1M3 3. the provisions of this Section is in addition to the applicant's need to obtain permits require~ by other local, state or fede agencies, and does not the applicant's obligati( to satisfy and obtain all applicable local,' st or federal regulatio and .erinits. a new subsec 14-6K- follows: fication: When the :ive Area,' ~ventory Map that an site is located in the section within which a ;ite plan, planned develop~ or a subdivision is propos will forward the or subdivision for an ¥ to The may also comment the State Preservatio Officer. The State may City if a recorded ical site exists within the ar of the site plan, development or The State may also notify City if the site is of such archaeological importance that it requires further study by the State or a State-approved archaeologist. If the State identifies such a site, the Iowa City Historic Preservation Commission shall be notified and may proceed as provided in Article 14-4C, entitled "Historic Preservation Regulations." repealing subsection 14-6K-1M4 in its entirety and adding a new subsection 14-6K-1 M5 as follows: 5. Discovery of Unrecorded Ordinance No. ~ge 1 8 L, Amend "Sensit Desi, 1) 2) Archaeological Sites: If, during the course of grading or construction, prehistoric artifacts, historic objects significant archaeologi~ materials, such as hu )n remains or a prehistoric settlement, are encou the City shall be The :ity shall notify State, 3ich may to .'avate and the cts, if or in the grounds, shall or not the can be the disinterr that the be disl the toi ~ains If it is determined nan remains cannot d, the portion of containing the hall be returned responsible ~bsection entitled Areas Develo nt Plan ," by: subsection a in ts entirety and adding mew subsection 14-6K-1 N1 a rs: a. Provide for flexibility in n of public infrastructure, commercial, resea development, offic~ research, industrial and residential developments to help assure that developments near, in or adjacent to environmentally sensitive areas are designed to use land efficiently and preserve environmentally sensitive areas as open space amenities. adding two pew sentences at the end of subsection 14-6K-IN2 as follows: Subsection 14-6K-IN3, entitled Ordinance No. Page 19 3) "Residential Dev, 3ment Guidelines," contains for Sensitive Areas Deve 3merit Plans in residential zones. 14- K-1N4 contains uidelines for 3sitive Areas : Plans in :ommercia and industrial pment and research office research bsection 14-6K-1N3f6 and adding a new ~K-1 N3f6 as follows: parks. repealing in its subsecti 6} Cc uses which are in scale and 3atible nearby esidential velopment. Commercial are not permitted in ive Areas Development ns for properties less (2) acres in size the underlying zoning adding a new subsection 1 N4 as follows: 4. Commercial, Development, Office and Industrial Development Guidelines: These development guidelines recognize that when environmentally sensitive features exist on a commercial, research development, office research or industrial property, it may be appropriate to minimize development in and near the sensitive area(s). To mitigate for the loss of development potential, these guidelines allow for an increase in building height and a reduction in yard and parking requirements, as follows: a. The height of a building may be increased up to ten feet (1 0'). b. Yards may be reduced, Ordinance No, P~e 20 SECTlOt II. parts of sions of SECTION provision or adjudged to adjudication s Ordinance as or [ tutional. SECTION IV. nance shall be in approval and Passed and Parking for commercial and industrial uses ma, be reduced. REPEALER. All ordinances in conflict with the Ordinance are hereby repea SEVERABILITY. If any of the Ordinance be invalid or unconstituti( such not affect the va! of the or any ;ion adjudged invali This Ordi- final passage, rovided by law. day of ,19 MAYOR ATTEST: CITY CLERK C~ Prepared by: Eleanor Dilkas, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-6030 ORDINANCE NO. 96-3741 ORDINANCE AMENDING TITLE 14, CHAPTER 6, ARTICLE O, ENTITLED "SIGN REGULA- TIONS," TO DELETE SPECIFIC REGULATION OF "POLITICAL SIGNS", AND TO AMEND REGULATIONS APPLICABLE TO ALL TEMPO- RARY SIGNS, INCLUDING POLITICAL SIGNS. WHEREAS, Section 14-60 of the City Code sets forth sign regulations that are intended to enhance and prote;t the physical appearance and safety of the community. promote traffic safety, provide all sign users a reasonable opportunity to display signs without interfer- ence from other signage, and to provide fair and equitable treatment for all sign users; and WHEREAS, Section 14-60-4{A)(8), which now regulates temporary signs, imposes time and space limitations only on political signs; and WHEREAS, such time limitations based solely on content, have been legally called into ques- tion, and should therefore be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, Chapter 6, Article O, entitled "Sign Regulations," of the City Code be hereby amended by: a. Amending "temporary sign" in Section 14- 60-2, "Definitions," by deleting said section and substituting the following: Temporary sign; A sign constructed of temporary materials, such as cardboard, wallboard or plywood, with or without a structural frame, intended for a temporary period of display, such as yard sale signs, temporary identification signs and political signs, but excluding banners. b. Deleting Section 14-60-4(A)(8) and adding a new Section 14-60-4(A)(8) to read as follows: 8. Temporary signs: Temporary signs may be displayed but shall not be illuminated, shall not exceed twelve (12) square feet in area, and shall not be displayed for a period exceeding sixty {60) days. Ordinance No 96-3741 Page 2 c. Adding a new Section 14-60-4(A)(9) to read as follows: 9. Posters and other non-permanent signs in windows. d. Repealing the definition of "construction sign" in Section 14-60-2, "Definitions," and adding a new definition of "construction sign" to read as follows: CONSTRUCTION SIGN: A sign identifying the architects, engineers, contractors and other individuals involved in the construc- tion of a building and/or announcing the future use of the building. {1978 Code ~ 36- 61) e. Repealing the definition of "real estate sign" in Section 14-60-2, "Definitions," and add- ing a new definition of "real estate sign" to read as follows: REAL ESTATE SIGN: A sign which advertis- es the sale, rental or lease of the premises or part of the premises on which the sign is located, including Open house directional signs. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or 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 27th day of August ,19 96 · MAYOR . CITY City Attorney's Office Ordinance No. 96-3741 Page 3 96-3741 It was moved by Vanderhoef and seconded by Ordinance asread be adopted, and upon roll callthere were: AYES: NAYS: ABSENT: X X X Baker Kubby Lehman Norton Novick Thombem/ Vandernoef I~hman that the Fimt Consideration 8/6/96 Vote for passage:AYES: Thornberry, Baker, Kubby, Norton, NAYS: None. ABSENT: Vanderhoef, Lehman. Novick. Second Consideration Vote for passage: Date published 9/4/96 Moved by Vanderhoef, seconded by Thornberry, 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 ordin- ance be voted upon for final passage at this time. AYES: Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. NAYS: None. ABSENT: Kubby. Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City. IA 52240 (319)356-5243 ORDINANCE NO. 96-3742 ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE E, ENTITLED "BUSINESS AND COMMERCIAL ZONES," SECTION 1, ENTITLED "COMMERCIAL OFFICE ZONE {CO-1)," TO ALLOW SMALL-ANIMAL CLINICS IN THE CO-1 ZONE BY SPECIAL EXCEPTION. WHEREAS, the City has received a request to locate a small-animal clinic on property located in the C0-1, Commercial Office zone; and WHEREAS, small-animal clinics are currently not permitted in the CO-1 zone; and WHEREAS, the City feels that small-animal clinics are appropriate in the C0-1 zone due to their similariW with other uses permitted in that zone, provided that standards controlling noise and odor are adhered to; and WHEREAS, due to potential conflicts be- tween small-animal clinics and surrounding lend uses, the City feels it is appropriate to review the location of small-animal clinics on a case- by-case basis by requiring approval of a special exception to located them in the CO-1 zone. 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 E, Commercial and Business Zones," Section 1, entitled "Commer- cial Office Zone (C0-1)," Subsection D, entitled "Special Exceptions," is hereby amended by adding the following: 10. Small-animal clinics, provided: a. All aspects of the operation of the clinic, including any accessory use, are conducted completely indoors within a single, soundproofed building; and b. The structure housing the clinic is not located within two hundred feet (200') of a residential zone; and c. No odors or noise from the clinic shall be discernible at any lot line; and Ordinance No. 96-3742 Page 2 d. Overnight boarding of animals shall be limited to those receiving treatment at the facility. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. if any section, provision or part of the Ordinance shall bo 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 27t. h .da.y of August, ;1996. CITY CLERK Ordinance No. 96-3742 Page 3 It was moved by _ Thornberry and seconded by Ordinanceas read be adopted, and upon roll callthere were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Lehman that the First Consideration 8/6/96 Vote forpassage: AYES: Vanderhoef, Baker, Kubby, Norton, Novick, Thornberry. NAYS: None. ABSENT: Lehman. Second Considemfion Vote forpassage; Date published 9/4/96 Moved by Thornberry, seconded by Lehman, that the rule reuquiring 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:Novick, Thornberry, Vanderhoef, Baker, Lehman, Norton. NAYS: None. ABSENT: Kubby. Prepared by: John Yapp, Associate Planner, 41 0 E. Washington St., Iowa City, IA 52240; 3191356-5247. ORDINANCE NO. 96-3743 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONING CLASSIFICATION OF TWELVE PARCELS OF UNIVERSITY OF IOWA OWNED PROPERTY FROM THEIR CURRENT ZONING CLASSIFICA- TIONS TO P, PUBLIC. WHEREAS, Section 14-61-1 of the Iowa City zoning ordinance requires that land owned by a government entity shall be zoned P, Public; and WHEREAS, the City of Iowa City has initiated the rezoning of twelve parcels of property owned by the University of Iowa from their current, respective zoning classifications to P, Public; and WHEREAS, the new zoning classification is consistent with the zoning classifications of properties owned by the Federal Government, the State, the County, the City and all political subdivisions thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The twelve properties described in Exhibit A are hereby reclassified from their current, respective zoning classifica- tions to P, Public. SECTION II. ZONING MAP. The building in- spector 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 as provided by law. S.~ECTION IIh CERTIFICATION AND RECORD- ING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance which shall be recorded at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. Ordinance No. 96-3743 Page 2 SECTION IV. REPEALER, All ordinances and parts of ordinances in conflict with the provi- sions of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the ordinance shall be 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 judged invalid or unconstitu- tional. SECTION Vl. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approv- al and publication as required by law. Passed and approved this 27th day of August, 1996. MAYOR. ~ .~,/ ATTEST. ,//~,~ CITY CLERK ppdadmin~uni~ersi.or d Ordinance No. 96-3743 Page. 3 It was moved by Norton and seconded by Ordinance as read be adopted. and upon roll call there were: AYES: NAYS: ABSENT: X~ Baker X Kubby Lehman Norton X Novick ~ Thomberry X' Vanderhoef Lehman that the First Consideration 7/16/96 Vote for passage: AYES: Novicl~, Thornberry, Vanderhoef, I(ubb.,v, Lehman, Norton. NAYS: None. ABSENT: Bake~'. Second Consideration 8/6/96 Vote f or passage: AY£S: Kubby, Norton, Novick, Vanderhoef, Baker. NAYS: None. ABSENT: Thornberry, Lehman. Date published 9/4/96 EXHIBIT A & Parcel #1:1 E. Park Road Present Zoning: RNC20 Legal Description: Commencing at the Northwest corner of Block 5 Parkside Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 2, of the Plat Records of Johnson County, Iowa; thence South 130 feet; thence East 150 feet; thence North 130 feet to the north line of said Block 5; thence West along the North line of said Block to the place of beginning. Parcel #2:234 N. Madison Present Zoning: RM44 Legal Description: "Commencing at the northwest corner of lot four (4) in block eighty-nine (89) in Iowa City, iowa thence east 70 feet, thence south 40 feet, thence west 70 feet, thence north 40 feet to the place of beginning, iowa City, Johnson County, Iowa according to the recorded plat thereof." Parcel #3: Dubuque/Chumh Present Zoning: RM44 Legal Description: Lots 5 and 6 in Coleman's Subdivision of Out lot 32 in iowa City, iowa, according to the plat thereof recorded in Book 13, Page 343, Deed Records of Johnson County, Iowa. Parcel #4: 230 N. Clinton Present Zoning: PRM Legal Description: North 100 ft of Lot 4 in Block 77 Parcel #5:324 N. Madison Present Zoning: CB2 Legal Description: The South 75 feet of Lot 6, and all of Lot 5, Block 93, Iowa City, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record. Parcel #6:30.0 Myrtle Avenue Present Zoning: RS5 Legal Description: Commencing 901.5 feet west of the southeast corner of Lot 2, Section 16, Township 79 North, Range 6 West of the 5th P.M. in Johnson County, Iowa running thence east 60 feet; thence north to a point 30 feet south of the north line of said Lot 2; thence west 60 feet; thence south to the point of beginning; except the public highway along the south side of said lot. Parcel #7:421 Melrose Present Zoning: S1 Legal Description: Lot One (1) excepting the south 24.8 feet thereof, in Lucon, a subdivision of part of the northeast quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. according to the plat thereof recorded in plat book 4, page 184, Plat Records of Johnson County, Iowa. Parcel #8:315 Melrose Present Zoning: RS8 Legal Description: The north 278 feet of the east 80 feet of the following described tract, towit: Beginning at a point on the north line of section sixteen (16) in township seventy-nine (79) north, range six (6) west of the 5th P.M. which is 1434.6 feet east of the northwest corner of the northwest quarter of the northeast quarter of said section, marked by a stone, thence southerly included angle to the southwest 93 degrees and 30 minutes, 673.5 feet, thence east 103.5 feet, thence northerly included angle to the northwest 90 degrees and 34 minutes 49.5 feet, thence south 89 degrees and 24 minutes east 154 feet, thence northerly angle to the northeast 93 degrees and 8 minutes, to the north line of said section, thence west along said section line 262.6 feet to the place of beginning. Parcel #9:121 Grand Avenue Court Present Zoning: RS8 Legal Description: Lot Thirteen (13) in Grand Ave. Court, Johnson County, Iowa, according to the plat. thereof recorded in Plat Book 3, page 101, Plat Records of Johnson County, Iowa; also commencing at an iron pin at the northwest corner of Lot thirteen (13) in Grand Ave. Court, thence in a southerly direction along the west line of said lot 13. 18.1 feet to an iron pin, thence north 82 degrees, 4.9 minutes to a point directly south of the south west corner of Lot Ten (10) in said Grand Ave. Count thence north to the south line of an alley running east and west. South of said Lot Ten (10). Thence in a an easterly direction along the south line of said alley to the place of beginning. Parcel #10:127 Grand Avenue Court Present Zoning: RS8 Legal Description: Lot 16 of Grand Avenue Court, being a pad of the SW 1/4 of the SE 1/4 of the SE 1/4 of Section 9, Township 79N, Range 6, West of the 5th P.M. as per the plat thereof recorded in plat Book 3, Page 100, Plat records of Johnson County, IA. Parcel #11:129 Grand Avenue Court Present Zoning: FS8 Legal Description: Lot Seventeen (17) of Grand Avenue Court, being a part of the Southwest quarter of the ~outheast quarter of Section nine (9) in township Seventy-nine (79) North, Range Six (6), West of the 5th P.M. as shown by the plat thereof recorded in Book 3, page 100, plat records of Johnson County, IA. Parcel #12: Commencing at the concrete monument at the northwest corner of the southwest quarter of Section 22, Township 79 North, Range 6 West of the 5th P.M. thence south 0 degrees ^Y,6 minutes west 907.0 feet to the centerline of the Chicago, Rock Island and Pacific Railroad Tract, thence south 21 degrees 56 minutes east 54.2 feet to the right of way line of said railroad and the place of beginning; from said point of beginning thence southwesterly 351.0 feet along a 6660 foot radius curve concave southeasterly to an iron pin, thence south 21 degree 56 minutes east 623.2 feet to the northerly line of the public highway, thence north 56 degrees 59 minutes east along the northerly line of said public highway 320.9 feet, thence north 21 degrees 56 minutes west 716.4 feet to the place of beginning; Also an Easement granted in Easement dated May 21, 1958 and recorded in Book 229, page 41 in the office of the County Recorder of Johnson County, Iowa, except that part thereof deeded to the State of Iowa by Warranty Deed dated August 16, 1972, recorded August 16, 1972 in Book 387 at page 118. and also, Commencing at the Northeast corner of the SE^Y, of Section 21, T. 79 N. R. 6 W. of the 5th P.M., thence South 1218,57 feet; thence West 218.24 feet to a ^Y, inch iron pipe found and on the easterly right of way line of the Chicago, Rock Island and Pacific Railroad and the point of beginning; thence S. 21 deg, 56 min. 00 sec. E. 623.20 feet to a ^Y, inch iron pipe found; thence S. 21 deg. 56 min. E. 33.65 fee to the centerline of old Pleasant Harris Road; thence S. 56 deg. 47 min. 30 sec. W. 462.61 feet along said centerline; thence N. 1 deg. 58 min. 00 sec. E, 40.37 feet to a i inch iron pipe found; thence N. 1 deg. 58 min. 00 sec. E, 662.89 feet to a i inch iron pipe found and Easterly right of way line of said railroad; thence Northeaster!y 198.48 feet along a 2814.93 foot radius curve concave southeasterly to the point of beginning. Excepting therefrom: Commencing at the Northeast comer of the Southeast quarter of Section 21, Township 79 North, range 6 West of the 5th P.X.; thence South 1,218.57 feet; thence West 218.24 feet to a i inch iron pipe found on the Easterly right-of-way of the Chicago, Rock Island and Pacific Railroad; thence South 21'56'00" East 623.20 feet to a i inch iron pipe found and point of beginning; thence South 21 '56'00" East 33.65 feet to the centerline of South Riverside Drive (old Pleasant Harris Road); thence South 56'47'30" West 462.61 feet along said centerline; thence North 1^X,58'00" East 40.37 feet to a ^Y, inch iron pipe found; thence North 56'47'30" East 445.93 feet to point of beginning. and, Also a permanent right of access to the above described property over, upon and across the frontage mad referred to in the conveyance to The State of Iowa by warranty deeds dated and recorded on August 16, 1972, and appearing in Book 387, Pages 118 and 121, Deed Records of Johnson County, Iowa, and a permanent right of access to said frontage road over, upon and across such adjoining land as tay be necessary for access thereto as set forth in the deeds recorded in Book 400, at Pages 315 and 317, Deed Records of Johnson County, Iowa.