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.