HomeMy WebLinkAbout2005-04-05 Ordinance Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ04-00030)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM COUNTY A1 TO
CC2, COMMUNITY COMMERCIAL (APPROXIMATELY '16.05 ACRES), CI-'I, INTENSIVE COMMERCIAL
(APPROXIMATELY 20.22 ACRES), C0-1, OFFICE COMMERCIAL (APPROXIMATELY '10.92 ACRES),
AND RR-I, RURAL RESIDENTIAL (APPROXIMATELY 2.83 ACRES), FOR PROPERTY LOCATED
NORTH OF HIGHWAY 1, WEST OF HIGHWAY 218, AND EAST OF KITTY LEE ROAD
WHEREAS, the applicant, James R. Davis, on behalf of property owners James R. Davis, Robert A.
Davis, and Jan E. Smith, has applied for voluntary annexation of property located north of Highway 1, west
of Highway 218, and east of Kitty Lee Road; and
WHEREAS, the applicant has requested commercial zoning on the majority of the property to allow for
a commercial subdivision, which is appropriate for land abutting the Highway l/Highway 218 interchange
according to the Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning pattern on the
property, and has recommended approval subject to conditions related to infrastructure needs, funding for
infrastructure, landscaping and fencing, access control, and sanitary sewer provision; and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the rezoning request; and
WHEREAS, the applicant and owners acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property provides adequate infrastructure for urban
commercial uses, to ensure infrastructure needs are adequately funded to minimize future costs to the
public, and to provide adequate landscaping for the benefit of nearby residential property owners.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement,
attached hereto and incorporated herein, the property described below is hereby reclassified as follows:
A. The following property is hereby reclassified from its current designation to C1-1, Intensive Commercial,
subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated
herein:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89°55'12"E, ALONG THE NORTH
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 1325.59 FEET; THENCE
S00°16'15'¥V, ALONG THE WEST LINE OF THE EAST ONE-HALF OF SAID SOUTHWEST QUARTER, 442.44
FEET, TO THE POINT OF BEGINNING; THENCE N89°43'05"E, 639.14 FEET; THENCE S00°16'55"E, 58.06 FEET;
THENCE N89°43'05"E, 331.93 FEET; THENCE SOUTHWESTERLY, 154.02 FEET, AND A 615.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 153.62 FOOT CHORD BEARS S03°08'26'~A/; THENCE
S10°18'54'~/, 412.57; THENCE SOUTHEASTERLY, 104.12 FEET, ALONG A 150.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, WHOSE 102.05 FOOT CHORD BEARS S09°34'17"E, TO A POINT ON THE
NORTHWESTERLY LINE OF HIGHWAY NO. 1; THENCE S23o39'28'~/V, ALONG SAID NORTHWESTERLY LINE,
113.82 FEET; THENCE S53o53'27'~A/, ALONG SAID NORTHWESTERLY LINE, 321.32 FEET; THENCE
N89°43'45'~/, 605.50 FEET, TO A POINT ON THE WEST LINE OF THE SAID EAST ONE-HALF OF THE
Ordinance No.
Page 2
SOUTHWEST QUARTER OF SECTION 20; THENCE N00°16'15"E, ALONG SAID WEST LINE, 1003.96 FEET, TO
SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 20.22 ACRES, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
B. The following property is hereby reclassified from its current designation to CC-2, Community
Commercial, subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and
incorporated herein:
COMMENCING AT THE NORTHEAST CORNER OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH THE
PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S35°26'49"E, ALONG THE SOUTHWESTERLY LINE OF HIGHWAY NO. 218, A
DISTANCE OF 162.11 FEET; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE, 951.85 FEET, TO
THE POINT OF BEGINNING; THENCE CONTINUING S31o25'02"E, ALONG SAID SOUTHWESTERLY LINE,
440.62 FEET; THENCE S05°01'05"E, ALONG SAID SOUTHWESTERLY LINE, 260.12 FEET; THENCE
S18o17'39"E, ALONG SAID SOUTHWESTERLY LINE, 497.24 FEET, TO A POINT ON THE EAST LINE OF THE
EAST ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S00°13'40"VV, ALONG SAID EAST LINE, 5.60 FEET, TO ITS
INTERSECTION WITH THE NORTHWESTERLY LINE OF HIGHWAY NO. 1; THENCE S41°25'36'~N, ALONG SAID
NORTHWESTERLY LINE, 349.83 FEET; THENCE S65°53'59"E, ALONG SAID NORTHWESTERLY LINE, 160.25
FEET; THENCE S23°39'28'¥V, ALONG SAID NORTHWESTERLY LINE, 102.16 FEET; THENCE
NORTHWESTERLY, 104.12 FEET, ALONG A 150.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY,
WHOSE 102.05 FOOT CHORD BEARS N09°34'17'~V; THENCE N10°18'54"E, 412.57 FEET; THENCE
NORTHEASTERLY, 154.02 FEET, ALONG A 615.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY,
WHOSE 153.62 FOOT CHORD BEARS N03°08'26"E; THENCE S89°43'05'~/, 331.93 FEET; THENCE
N00o16'55"VV, 482.10 FEET; THENCE N62°56'13"E, 175.00 FEET; THENCE NORTHWESTERLY, 203.93 FEET,
ALONG A 1765.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 203.82 FOOT CHORD
BEARS N30°22'24'"VV; THENCE N58°34'58"E, 265.34 FEET, TO SAID POINT OF BEGINNING, CONTAINING 12.27
ACRES.
-AND-
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF
SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE
S89o44'05"VV, ALONG THE SOUTH LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST QUARTER, 1327.61
FEET; THENCE N00°16'15"E, ALONG THE WEST LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST
QUARTER, 708.65 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING N00°16'15"E, ALONG SAID
WEST LINE, 478.98 FEET; THENCE S89°43'45"E, 605.50 FEET, TO A POINT ON THE NORTHWESTERLY LINE
OF HIGHWAY NO. 1; THENCE S53°53'27'~/, ALONG SAID NORTHWESTERLY LINE, 91.91 FEET; THENCE
S41°15'16'~/,. ALONG SAID NORTHWESTERLY LINE, 345.72 FEET; THENCE S62°03'39"W, ALONG SAID
NORTHWESTERLY LINE, 345.84 FEET, TO SAID POINT OF BEGINNING, CONTAINING 3.78 ACRES.
SAID RESULTANT PARCEL OF LAND CONTAINS 16.05 ACRES, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
C. The following property is hereby reclassified from its current designation to CO-1, Office Commercial,
subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated
herein:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 11, OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE N01o01'58"E, ALONG THE EASTERLY LINES OF LOT 11, LOT 10, LOT 9 AND
LOT 8 OF SAID R.H. DAVIS SUBDIVISION, 396.57 FEET, TO THE SOUTHWEST CORNER OF LOT 12 OF SAID
R.H. DAVIS SUBDIVISION; THENCE S66°18'16"E, ALONG THE SOUTHERLY LINE OF SAID LOT 12, A
DISTANCE OF 75.75 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N23°47'56"E, ALONG THE
EASTERLY LINE OF SAID LOT 12, A DISTANCE OF 199.77 FEET, TO THE SOUTHWEST CORNER OF LOT 18
OF SAID R.H. DAVIS SUBDIVISION; THENCE S66°14'16"E, ALONG THE SOUTHERLY LINE OF SAID LOT 18, A
DISTANCE OF 224.57 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N23°42'17"E, ALONG THE
EASTERLY LINE OF SAID LOT 18, A DISTANCE OF 129,56 FEET; THENCE NORTHWESTERLY, 52.60 FEET,
ALONG SAID EASTERLY LINE, AND A 54.67 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE
50.59 FOOT CHORD BEARS N03°51'23"VV; THENCE N58°34'58"E, 83.82 FEET, TO A POINT ON THE
SOUTHWESTERLY LINE OF HIGHWAY NO. 218; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE,
343.30 FEET; THENCE S58°34'58"VV, 265.34 FEET; THENCE SOUTHEASTERLY, 203.93 FEET, ALONG A
1765.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 203.82 FOOT CHORD BEARS
Ordinance No.
Page 3
S30o22'24"E; THENCE S62°56'13'~/, 175.00 FEET; THENCE S00°16'55"E, 424.04 FEET; THENCE S89°43'05'~N,
639.14 FEET, TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF
SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE
NOOO16'15"E, ALONG SAID WEST LINE, 120.01 FEET; THENCE N89°43'O5"E, 250.13 FEET; THENCE
N00°39'57"E, 321.57 FEET, TO SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 10.92 ACRES,
AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
D. The following property is hereby reclassified from its current designation to RR~I, Rural Residential,
subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated
herein:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 2, OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S88°58'43"E, 143.89 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF
HIGHWAY NO. 218; THENCE S31°25'02"E, ALONG SAiD SOUTHWESTERLY LINE, 520.41 FEET; THENCE
S58°34'58'~A/, 83.82 FEET, TO A POINT ON THE SOUTHERLY LINE OF OLDE OAK LANE; THENCE
NORTHWESTERLY, ALONG SAID SOUTHERLY LINE, 64.07 FEET, AND A 54.67 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE 60.47 FOOT CHORD BEARS N64°59'26'~/V; THENCE N08°52'23'¥V,
60,00 FEET, TO A POINT ON THE NORTHERLY LINE OF SAID OLDE OAK LANE; THENCE S81°07'37'~/V,
ALONG SAID NORTHERLY LINE OF OLDE OAK LANE, 291.64 FEET, TO THE SOUTHEAST CORNER OF LOT 6
OF SAID R.H. DAVIS SUBDIVISION; THENCE N01°05'35"E, ALONG THE EASTERLY LINE OF SAID R.H. DAVIS
SUBDIVISION, 450.59 FEET, TO SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 2.83
ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
Zoning Map of the City of Iowa City, Iowa to conform to this amendment upon final passage, approval, and
publication of this Ordinance as provided by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
Ordinance, the Mayor is hereby authorized and directed to sign and the City Clerk to attest, the Conditional
Zoning Agreement between the City and the owners of the property requested for rezoning.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance and
after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to
certify a copy of this Ordinance and the Conditional Zoning Agreement and to record the same at the Office
of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Ordinance No.
Page 4
Passed and approved this , day of ,20
MAYOR
ATTEST:
CITY CLERK
Appro
p~04-00030.doc~,/'
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5247 (REZ04-00030)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City"), and James R. Davis, Robert A. Davis, and Jan E. Smith
(hereinafter "Owners"); and
WHEREAS, Owners are owners and legal title holders of approximately 50.03 acres of property
located north of Highway 1, west of Highway 218, and east of Kitty Lee Road; and
WHEREAS, the Owners have requested voluntary annexation of the property to the City of Iowa
City, and have requested commercial zoning for a majority of the property to enable a
commercial subdivision and development; and
WHEREAS, the Planning and Zoning Commission has recommended approval of commercial
zoning for a majority of the property subject to conditions related to infrastructure needs, funding
for infrastructure, landscaping and fencing, access control, and the provision of sanitary sewer;
and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change in zoning; and
WHEREAS, the Owners acknowledge that certain conditions and restrictions are reasonable to
ensure adequate infrastructure is in place for urban commercial development, future
infrastructure needs are adequately funded to minimize costs to the public, fencing and
landscaping are adequate to minimize visual impacts on adjacent residential properties, and
sanitary sewer infrastructure is designed to be upgraded to serve the larger watershed; and
WHEREAS, Owners agree to use this property in accordance with the terms and conditions of a
Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties
agree as follows:
1. Robert A. Davis, James R. Davis, and Jan E. Smith are the owners and legal title holders of
the property legally described as follows:
CO-1 ZONE
BEGINNING AT THE SOUTHEAST CORNER OF LOT 11, OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE N01°01'58"E, ALONG THE EASTERLY LINES OF LOT 11, LOT 10, LOT 9 AND
LOT 8 OF SAID R.H. DAVIS SUBDIVISION, 396.57 FEET, TO THE SOUTHWEST CORNER OF LOT 12 OF SAID
R.H. DAVIS SUBDIVISION; THENCE S66°18'16"E, ALONG THE SOUTHERLY LINE OF SA~D LOT 12, A
DISTANCE OF 75.75 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N23°47'56"E, ALONG THE
EASTERLY LINE OF SAID LOT 12, A DISTANCE OF 199.77 FEET, TO THE SOUTHWEST CORNER OF LOT 18
OF SAID R.H. DAVIS SUBDIVISION; THENCE S66°14'16"E, ALONG THE SOUTHERLY LINE OF SAID LOT 18, A
DISTANCE OF 224.57 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N23°42'17"E, ALONG THE
EASTERLY LINE OF SAID LOT 18, A DISTANCE OF 129.56 FEET; THENCE NORTHWESTERLY, 52.60 FEET,
ALONG SAID EASTERLY LINE, AND A 54.67 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE
50.59 FOOT CHORD BEARS N03°51'23'~/; THENCE N58°34'58"E, 83.82 FEET, TO A POINT ON THE
Conditional Zoning Agreement (REZ04-00030)
Page 2
SOUTHWESTERLY LINE OF HIGHWAY NO. 218; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE,
343.30 FEET; THENCE S58°34'58'~N, 265.34 FEET; THENCE SOUTHEASTERLY, 203.93 FEET, ALONG A
1765.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 203.82 FOOT CHORD BEARS
S30°22'24"E; THENCE S62°56'13'¥V, 175.00 FEET; THENCE S00°16'55"E, 424.04 FEET; THENCE S89°43'05'~/,
639.14 FEET, TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF
SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE
N00o16'15"E, ALONG SAID WEST LINE, 120.01 FEET; THENCE N89°43'05"E, 250.13 FEET; THENCE
N00°39'57"E, 321.57 FEET, TO SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 10.92 ACRES,
AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
C1-1 ZONE
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89°55'12"E, ALONG THE NORTH
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 1325.59 FEET; THENCE
S00o16'15'~/, ALONG THE WEST LINE OF THE EAST ONE-HALF OF SAID SOUTHWEST QUARTER, 442.44
FEET, TO THE POINT OF BEGINNING; THENCE N89°43'05"E, 639.14 FEET; THENCE S00°16'55"E, 58.06 FEET;
THENCE N89°43'05"E, 331.93 FEET; THENCE SOUTHWESTERLY, 154.02 FEET, AND A 615.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 153.62 FOOT CHORD BEARS S03°08'26'¥V; THENCE
S10°18'54'~/, 412.57; THENCE SOUTHEASTERLY, 104.12 FEET, ALONG A 150.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, WHOSE 102.05 FOOT CHORD BEARS S09°34'17"E, TO A POINT ON THE
NORTHWESTERLY LINE OF HIGHWAY NO. 1; THENCE S23°39'28'~/V, ALONG SAID NORTHWESTERLY LINE,
113.82 FEET; THENCE S53°53'27'~/, ALONG SAID NORTHWESTERLY LINE, 321.32 FEET; THENCE
N89°43'45'~/, 605.50 FEET, TO A POINT ON THE WEST LINE OF THE SAID EAST ONE-HALF OF THE
SOUTHWEST QUARTER OF SECTION 20; THENCE N00°16'15"E, ALONG SAID WEST LINE, 1003.96 FEET, TO
SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 20.22 ACRES, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
CC-2 ZONE
COMMENCING AT THE NORTHEAST CORNER OF R.H. DAVIS SUBDIVISION, iN ACCORDANCE WITH THE
PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S35°26'49"E, ALONG THE SOUTHWESTERLY LINE OF HIGHWAY NO. 218, A
DISTANCE OF 162.11 FEET; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE, 951.85 FEET, TO
THE POINT OF BEGINNING; THENCE CONTINUING S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE,
440.62 FEET; THENCE S05°01'05"E, ALONG SAID SOUTHWESTERLY LINE, 260.12 FEET; THENCE
S18o17'39"E, ALONG SAID SOUTHWESTERLY LINE, 497.24 FEET, TO A POINT ON THE EAST LINE OF THE
EAST ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S00°13'40'¥V, ALONG SAID EAST LINE, 5.60 FEET, TO ITS
INTERSECTION WITH THE NORTHWESTERLY LINE OF HIGHWAY NO. 1; THENCE S41°25'36'~N, ALONG SAID
NORTHWESTERLY LINE, 349.83 FEET; THENCE S65°53'59"E, ALONG SAID NORTHWESTERLY LINE, 160.25
FEET; THENCE S23°39'28'~N, ALONG SAID NORTHWESTERLY LINE, 102.16 FEET; THENCE
NORTHWESTERLY, 104.12 FEET, ALONG A 150.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY,
WHOSE 102.05 FOOT CHORD BEARS N09o34'17'~N; THENCE N10o18'54"E, 412.57 FEET; THENCE
NORTHEASTERLY, 154.02 FEET, ALONG A 615.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY,
WHOSE 153.62 FOOT CHORD BEARS N03°08'26"E; THENCE S89°43'05'~/, 331.93 FEET; THENCE
N00o16'55'~/V, 482.10 FEET; THENCE N62°56'13"E, 175.00 FEET; THENCE NORTHWESTERLY, 203.93 FEET,
ALONG A 1765.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 203.82 FOOT CHORD
BEARS N30°22'24'~/; THENCE N58°34'58"E, 265.34 FEET, TO SAID POINT OF BEGINNING, CONTAINING 12.27
ACRES.
-AN D-
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF
SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE
S89o44'05'~N, ALONG THE SOUTH LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST QUARTER, 1327.61
FEET; THENCE N00°16'15"E, ALONG THE WEST LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST
QUARTER, 708.65 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING N00°16'15"E, ALONG SAID
WEST LINE, 478.98 FEET; THENCE S89°43'45"E, 605.50 FEET, TO A POINT ON THE NORTHWESTERLY LINE
OF HIGHWAY NO. 1; THENCE S53°53'27'~/, ALONG SAID NORTHWESTERLY LINE, 91.91 FEET; THENCE
Conditional Zoning Agreement (REZ04-00030)
Page 3
S41o15'16'~N, ALONG SAID NORTHWESTERLY LINE, 345.72 FEET; THENCE S62°03'39"W, ALONG SAID
NORTHWESTERLY LINE, 345.84 FEET, TO SAID POINT OF BEGINNING, CONTAINING 3.78 ACRES.
SAID RESULTANT PARCEL OF LAND CONTAINS 16.05 ACRES, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
RR-1 ZONE
BEGINNING AT THE SOUTHEAST CORNER OF LOT 2, OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WiTH
THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S88°58'43"E, 143.89 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF
HIGHWAY NO. 218; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE, 520.41 FEET; THENCE
S58o34'58'~/V, 83.82 FEET, TO A POINT ON THE SOUTHERLY LINE OF OLDE OAK LANE; THENCE
NORTHWESTERLY, ALONG SAID SOUTHERLY LINE, 64.07 FEET, AND A 54.67 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE 60.47 FOOT CHORD BEARS N64°59'26'~/V; THENCE N08°52'23TM,
60.00 FEET, TO A POINT ON THE NORTHERLY LINE OF SAID OLDE OAK LANE; THENCE S81°07'37TM,
ALONG SAID NORTHERLY LINE OF OLDE OAK LANE, 291.64 FEET, TO THE SOUTHEAST CORNER OF LOT 6
OF SAID R.H. DAVIS SUBDIVISION; THENCE N01°05'35"E, ALONG THE EASTERLY LINE OF SAID R.H. DAVIS
SUBDIVISION, 450.59 FEET, TO SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 2.83
ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
2. The Parties acknowledge that Iowa Code Section 414.5 (2005) provides that the City of
Iowa City may impose reasonable conditions on granting an applicant's rezoning request,
over and above the existing regulations, in order to satisfy public needs directly caused by
the requested change, including provisions for infrastructure, funding of infrastructure,
landscaping and fencing, access control, and the provision of sanitary sewer.
3. In consideration of the City's rezoning the subject property, Owners agree that development
of the subject property will conform to all other requirements of the Zoning Chapter, as well
as the following conditions:
a. Naples Avenue/Highway 1: Turning lanes and a traffic signal at the intersection of
Highway 1 and Naples Avenue will be constructed, as recommended in the Traffic
Impact Study dated February 2005 submitted for this property, prior to an occupancy
permit being issued for any lot on the property. The design of the turning lanes and
street pavement shall be included as part of a final plat for the property, to be approved
by the City. The developer/subdivider shall fund 100% of the improvements on the north
leg of the Highway l/Naples Avenue intersection. The City of iowa City shall reimburse
to the developer/subdivider 10% of the cost of other turning lane improvements, the
traffic signal improvement, and other incidental improvements at the Naples
Avenue/Highway 1 intersection, upon completion of these improvements and
acceptance by the City. The developer/subdivider shall submit to the City receipts for the
costs of these improvements, which the City shall use to determine the 10%
reimbursement. Said improvements are to be installed prior to the issuance of an
occupancy permit for any lot in the development.
b. Naples Avenue Design and Access: Naples Avenue north of Highway 1 will be
constructed to collector street standards, with a shared access point for Lots 13 and 14,
as numbered on the MWD Davis Addition Concept Plan submitted to the City on
February 17, 2005. The access drives to Lot 2, the Intensive Commercial zoned lot, shall
be opposite this access point, and a second access point may be located at the northern
edge of the Intensive Commercial zoned area, to create predictable and consistent
access points with adequate queuing storage on Naples Avenue.
Conditional Zoning Agreement (REZ04-00030)
Page 4
c. Kitty Lee Road Improvements: Prior to access being permitted to Kitty Lee Road from a
Commercial zoned property, Kitty Lee Road shall be reconstructed to City collector
street standards from Highway 1 to the northern most commercial driveway. To
determine if Highway 1 left and right-turn lanes are needed on Highway 1 and to
determine the appropriate design of such turn lanes, a traffic study, to be approved by
the City, must be completed to predict turning movements based on the proposed land
use of any property utilizing Kitty Lee Road for access. These improvements and any
other improvements recommended by the traffic study must be completed prior to an
occupancy permit being issued for any commercial property using Kitty Lee Road for
access.
d. Kitty Lee Road Funding: The developedsubdivider shall pay funds equal to one-half the
estimated cost of reconstructing Kitty Lee Road to City local street standards along the
frontage of the property zoned C1-1 and CO-I, depicted as Ouflot A and Lot 2 on the
concept plan dated February 17, 2005. These funds must be paid prior to an occupancy
permit being issued for any lot on the property. For the purpose of this agreement, the
amount of funds to be paid to the City shall equal $150 per linear foot of frontage. The
developer/subdivider and any future property owners shall not be assessed for Kitty Lee
Road improvements in the future.
When development is proposed for the CC-2 zoned lot with frontage on Kitty Lee Road,
depicted as Lot 1 on the MWD Davis concept plan dated February 17, 2005, Kitty Lee
Road shall be reconstructed to City collector street standards between Highway 1 and
the northernmost commercial driveway. For any remaining frontage, funds equal to $150
pre linear foot shall be paid prior to an occupancy permit being issued for the property
depicted as Lot 1 on the MWD Davis concept plan.
e. Landscaping: The landscaping generally depicted on the preliminary landscaping plan
dated January 27, 2005 submitted to the City of Iowa City shall be planted prior to the
issuance of an occupancy permit for any lot on the property. The final design of said
landscaping shall be approved as part of final plat approval.
f. Fencing: The design of any fencing along the west and north boundaries of the
commercial lots identified as Lots 1 and 2 on the MWD Davis Concept Plan submitted to
the City shall be approved by the City as part of site plan approval.
g. Access Control: No direct driveway access to Highway 1 is permitted.
h. Sanitary Sewer Provision: The sanitary sewer lift station to be provided on the property
shall be sized to serve the proposed development with potential to be upgraded to serve
the entire watershed. The design of this sanitary sewer infrastructure shall be approved
as part of the approval of construction plans to be submitted with a final plat for the
property.
i. Highway 1 Sidewalk: In lieu of requiring the developer/subdivider to construct a sidewalk
along the Highway 1 frontage, the developer/subdivider shall pay for the paving cost of a
four-foot sidewalk. The City shall use these funds toward a future public pedestrian
sidewalk along this segment of Highway 1. These funds, $6 per square foot of sidewalk,
shall be paid to the City prior to an occupancy permit being issued for any lot in the
subdivision.
Conditional Zoning Agreement (REZ04-00030)
Page 5
4. Owners and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code Section 414.5 (2005), and that said
conditions satisfy public needs which are directly caused by the requested zoning change.
5. Owners and City acknowledge that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional
Zoning Agreement.
6. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a
covenant running with the land and with title to the land, and shall remain in full force and
effect as a covenant running with the title to the land unless or until released of record by the
City. The Parties further acknowledge that this Agreement shall inure to the benefit of and
bind all successors, representatives and assigns of the Parties.
7. Owners acknowledge that nothing in this Conditional Zoning Agreement shall be construed
to relieve the Owners or future owners from complying with ali applicable local, state, and
federal regulations.
8. The Parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the Ordinance rezoning the subject property; and that upon adoption and
publication of the Ordinance, this Agreement shall be recorded in the Johnson County
Recorder's Office at the applicant's expense.
Dated this day of ,2005.
OWNERS CITY OF IOWA CITY
By By
James R. Davis Ernest Lehman, Mayor
Attest
Marian Karr, City Clerk
Conditional Zoning Agreement (REZ04-00030)
Page 6
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) SS:
JOHNSON COUNTY
On this day of , A.D. 20 , before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman
and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that 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 the State of Iowa
My commission expires:
OWNER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of ,20 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared
, to me known to be the identical person.(A) named in and who executed
the within and foregoing instrument, and acknowledged that (he/she/they) executed the same as
(his/her/their) voluntary act and deed.
Notary Public in and for the State of Iowa
My commission expires:
ppdadrn/agt/CZA-REZ04-00030,doc
City of Iowa City
MEMORANDUM
Date: March 21, 2005
To: City Council
From: John Yapp, Associate Planner
Re: ANN04-00001/REZ04-00030: MWD Davis property annexation and rezoning
At their March 17 meeting, at the request of the applicant's attorney, the Planning and
Zoning Commission reconsidered several of the conditions recommended for a
Conditional Zoning Agreement associated with the rezoning of the MWD Davis property.
This memorandum summarizes the Planning and Zoning Commission's March 17
recommendations for a Conditional Zoning Agreement for this property.
PLANNING AND ZONING COMMISSION RECOMMENDATION
At its March 17, 2005 meeting, the Planning and Zoning Commission recommended
approval of REZ04-00030 a request to rezone approximately 50.03 acres of property
from County A1 to CC-2, Community Commercial (approximately 16.05 acres), C1-1,
Intensive Commercial (approximately 20.22 acres), CO-1, Office Commercial
(approximately 10.92 acres) and RR-1, Rural Residential (approximately 2.83 acres),
subject to a Conditional Zoning Agreement addressing the following conditions. The
Commission votes on each condition are given:
1. Naples Avenue / Highway 1 intersection: Regarding funding responsibilities for
construction of turn lanes and traffic signal improvements as recommended in the
February 2005 traffic impact study for the MWD Davis property, the
developer/subdivider being responsible for funding 100% of the cost of the north leg
of Naples Avenue, 100% of the cost of left and right turn lanes for traffic turning north
into the MWD Davis property, and 100% of the cost of a traffic signal at the Naples
Avenue / Highway 1 intersection; the City being responsible 100% of the cost for left
and right turn lane improvements for traffic turning south onto the south leg of Naples
Avenue, and the City being responsible for any improvements needed to the south
leg of Naples Avenue as a consequence of improvements and signalization of this
intersection. (Recommended by a vote of 3 (Koppes, Freerks, Hansen) to 2
(Brooks, Shannon).
2. Naples Avenue design and access: Naples Avenue north of Highway 1 will be
constructed to collector street standards, with shared access points for Lots 13&14,
as numbered on the MWD Davis Addition concept plan submitted on February 17.
The access drives to Lot 2, the Cl-l-zoned lot, shall be opposite this shared access
point, and a second access point may be located at the northern edge of the
Intensive Commercial zoned area, to create predictable and consistent access
points. (Recommended by a vote of 5-0).
3. Kitty Lee Road improvements: Prior to access being permitted to Kitty Lee Road,
Kitty Lee Road shall be reconstructed to City collector street standards from Highway
1 to the northern-most commercial driveway. The City will pay the costs for
oversizing the street from a local to a collector street. To determine if a Highway 1
right-turn and left-turn lanes are needed on Highway 1 and to determine the
appropriate design of the tbrn lanes a traffic study (approved by the City) predicting
turning movements related to the proposed land use of Lot 1 must be completed.
Any improvements recommended by the traffic study must be completed prior to an
occupancy permit being issued for any property using Kitty Lee Road for access.
(Recommended by a vote of 5-0).
4. Kitty Lee Road funding: The developer/subdivider paying funds equal to ½ the cost
of reconstructing Kitty Lee Road to City local street standards from the northern-most
commercial driveway/entrance intersection to the south property line of Lot 1 of RH
Davis subdivision Part I1. (Recommended by a vote of 3 (Brooks, Freerks,
Hansen) to 2 (Koppes, Shannon).
5. Landscaping: The perimeter landscaping generally depicted on the preliminary
landscaping plan dated 1-27-05 be planted prior to the issuance of an occupancy
permit for any lot in the development. (Recommended by a vote of 5-0).
6. Fencing: The design of any fencing along the west and north boundaries of the
commercial lots identified as Lots 1 and 2 on the MWD Davis concept plan being
approved by the City as part of site plan approval. (Recommended by a vote of 3
(Brooks, Freerks, Hansen) to 2 (Koppes, Shannon).
7. Access control: No direct driveway access to Highway 1 is permitted.
(Recommended by a vote of 5-0).
$. Sanitary sewer provision: Requirements for the sanitary sewer lift station to be
sized to serve the proposed development with potential to be upgraded to serve the
entire watershed. (Recommended by a vote of 5-0).
9. Highway 1 sidewalk: In lieu of a sidewalk being constructed along the Highway 1
frontage, the developer/subdivider agreeing to be responsible for the paving cost of a
four-foot sidewalk if a public sidewalk is constructed within the next ten years along
the Highway 1 frontage of this property, or if the developer/subdivider pay or escrow
for the cost of this sidewalk, the funds will be returned if the sidewalk is not
constructed within ten years. (Recommended by a vote of 4 (Koppes, Shannon,
Freerks, Hansen) to 1 (Brooks).
Attachment.
· LEGEND AND NOTES
CITY IOWA
IOWA
CONCEPT PLAN
MWD DAVIS ADDITION
IOWA CITY IOWA
~'2~'~'~--~~FE~ MWD DAVIS ADDIT}ON
~o~ 9 x~ , LOCATION MAP
il ....
/
% / N ~ '
'. r"-"T-'T'-"T-'T'-'"7,
..03/31/2005 15:01 FAX 319 354 6962 PI{ELAN LA~' ~002
PHELAN TUCKER MULLEN
WALKER TUCKER GELMAN LLP
321 East Market A T T 0 R N E Y $ A T L A W
Post Office ~ 2150 L
I0',~ City, Iowa
Ph~e: (319) 35~11~
E~ail ~
.a~'~ I~ na~
~,~.mm Mayor Emic
~.~l~.~ City Council Mcm~
City of Iowa City
410 E. W~hin~on S~t
~lliam v. Phelan Iowa City ~ 52240
~ L W,I~ Re: ~NO~0000~Z04-00030
~ Da~ ~ope~y A~exatlon ~d Rezonlng
~chard M. Tuc~t
De~ Mayo?~hm~ ~d Councilors:
~ N. Gelman
I ~ co~unicafing wi~ you ~ leg~ counsel for J~es R. Davis, Roan A.
~ J. s~i~ Davis and J~ E- S~, own~ of m~ estate located west of ~way 218, no~
of ~ghway I ~d east of ~uy ~e Roa& As you ~c most ~k,ly aw~c,
Mactut P. ~e~rden
property is subject to ~ncxafion ~d rezo~ng. Most r~ently you should have
received ~c Mcmomdum of Jo~ Yapp ~t~d M~h 21, 2005 su~ng
John E.
stat~ of nine issues ~at have been subject to ~scussion relays tO a Con~don~
o~n D. ~mn~n Zomng A~ement to ~ entered into ~tween ~ City ~d ~ owners ~ p~ of
thc ~cxadon process.
Su~n J. F~
~ rc~ cstat~ involved is ~ly to rcqu~ the following City apptovfls before
any buil~ng c~ co~ence:
Pa~ s. Yamada 1. AminO,ut to thc Citf's ~omprchensivc PI~ for ~e applicable ~s~ct
(complctcd);
Daniel W, ~e 2. Annexation;
3. Zo~ng in conn~fion wi~ the ~nexafion;
4. Sub,vision;
5. Se~ifivc Areas Dewlopment Pi~ ~d Sensitive ~as tezouing
~l[iam M. Tuc~r 6. Major Site Plan Review; and
[~z~-~] 7. B~lding Pc~t Review
C~afl~ ~ Mullah
[a~a~-zom] Each of ~ese approvfl processes h~ spe~fic requirements cont~ned wit~n
Iowa City ordinanc~ and w~ impose upon th~ o~e~ ancot ~cir successors
03/31/2005 15:01 FAX 319 354 6962 PHELAN LAW ~003
March 31, 2005 C'i"
Page 2
obligations to comply with numerous requiremenB. The:Conditional Zoning
Agreement at issue contains requiremen~$~iih;' addition i q "al! others that will
already be imposed by the Frocesses set ou~ ~b0ye. ' '
The legal basis for a Conditional Zoning Agreement is based not on annexation
of the property, but rather on rezoning concurrent with annexation. More
specifically, Section 414.5 of the Iowa Code permits a City Council in
connection with zoning changes to "impose conditions on a property owner
which are in addition to existing regulations" and provides that "the conditions
must be reasonable and imposed to satisfy public needs which are directly caused
by the requested change" (emphasis supplied). As such, any requirements of a
Conditional Zoning Agreement must be reasonable and must b~ as a direct
result of the requested zoning change and not merely an indirect
consequence.
City staff has recommended, and the Planning and Zoning Commission has
reviewed, the nine requiremenm for a Conditional Zoning Agreement, all as
summarized in John Yapp's March 22, 2005 memo to you. The City also
provided a draft Conditional Zoning Agreement incorporating those nine
requirement. Of the nine requirements, the owners arc in agreement with five
and are in disagreement, in whole or in p~, with the remaining four. This letter
is for the purpose of articulating the owners' position with regard to the four
items that are not resolved. Those irem~ include the following:
Naples Avenue/Highway 1 intersection
The issue here relates to a reasonable cost sharing between the owners and the
City. There has been provided to the City a traffic study that was commissioned
for the purpose of determining the likely impact of the MWD Davis property
after it is built out. The study considered the initial build out of the tract with the
anchor store (likely to be a Super Menards), partial build out of commercial
outlots after five years and full build out after ten years. Based on that study,
recommendations were made to install mm lane improvemenB and traffic
signals. The owners have agreed to bear 100% of the costs of installing all Waffle
improvements on North Naples Avenue and turning, north onto Naples Avenue.
The issues remaining have to do principally with the cost of intersection traffic
signals, but also with the cost of improvements' to South Naples Avenue. City
staff initially recommended a 90%/10% cost sharing where the owners would
pay 90% of the total cost and the City would pay 10%. This wa~ based on the
staff's evaluation of the traffic turn~ng north and turning SOUth as reported in the
traffic study. However, the City staff's analysis was faulty. The traffic study was
not done for the purpose of allocating cost, but was intended for the purpose of
detecn,lning traffic count turning north. While the traffic study was based on a
likely build out of the property to the north, it did not consider the build out of
the current commercially zoned area on South Naples nor any other potential
03/31/2005 15:02 FAX 319 354 6962 PHELAN LAW ~004
March 31, 2005 ~
Page 3
development on South Naples. Additionally, ir is relevant thai, the Davis property
is a finite area of development, while NapleS~: AVenue !S~Uth is already an
equivalent size to the Davis property and will likely be expanded in the future.
The South Naples area actually is zoned more intensively than the North Naples
area. Furthermore, in connection with the recent development of The Lodge on
Highway 1, the City equally shared the cost of the traffic intersection signal.
Both reason and precedent would suggest that the traffic signal cost be split
50% to the owners and 50% ~ the Cit~, and ~hat the City be responsible for
any turn lanes south onto Naples Avenue that may be necessary. The owners
are ~illing to pay 100% for expenses of aligning South Naples ~rith North
Naples ~ has been identified in the traffic sihdy, as well as all Naples north
~urning l~nes. At the Planning and Zoning Commission, the vote was split three
to two on this issue, with the two dissenting voters favoring a 50% allocation of
the traffic signal costs.
Kitty Lee Road Funding
This issue relates to portions of Kitty Lee Road that are not intended to provide
access to any of the commercially zoned portions of the Davis property. The staff
has proposed that funds equal to half of the cost of reconstructing Kitty Ice Road
to local street, standards be paid up front by the Davis' to the City. The Planning
and Zoning Commission approved it by a split three to two vote.
Street access for the Davis property will be by an internal street. The Davis' or
their successors will bear 100% of that infrastructure cost, as well as all other
iuternaJ infrastructure costs. Kiny Ice Road will provide no benefit to the Davis
property, with the exert, ion of perhaps the southerly-most lot, with access
thereto already addressed in a separate provision of thc ConditiOnal Zoning
Agreement agreed to by all parties. The owners indicated that they were willing
to restrict any access from the commercial areas of the MWD Davis property
onto Kitty Icc Road or to agree to participate in the cost of.improving Kitty Ice
Road should they ever establish such an access. However, the Planning and
Zoning Commission, by a three/two split vote, and appaxenfly the City staff,
believe~ the owners in this instance should conu-lbute to thc cost of Kitty Ice
Road regardless.
The recommendations of the staff and the Planning and Zoning Commission, as
well as the proposed Conditional Zoning Agreement, 0xc very problematic. It
requires the owners of the 1ViWD Davis property to pay for the cost of public
infrastructure for which they will receive no specific benefit. As such, the
imposition of such a cost iS an inappropriate and illegal tax. Additionally, it
has never been proposed that these funds be held by the City in escrow for such
road improvements costs. At some time in the future Kitty Lee Road may be
improved, but as an infrastructure improvement for access to permit the
development of other real estate. There is no legal or reasonable basis to impose
a requirement for the MWD Davis property owners to contribute to the cost of a
03/31/2005 15:02 FAX 319 354 6962 Pti-ELAN LAW ~005
March 31,2005
Page 4
road that may never be built, will constitute infrastructure for other property,
and/or that provides no specific benefit to their property.
Fencing
The recommended zoning of a portion of the property (possible Menaxd's site) is
intensive commercial. A lumber yard is a permissible use. The owners have
agreed to an aggressive lancheaping plan on the westerly boundary of the
intensive commercial property along Kitty Lee Road anticipating the possibility
of a fence. There will also be a 95' buffer between the fight-of-way and any
fence that may be erected. Furthermore, any development of the property will
need to meet all of the requirements for a major site plan. Notwithstanding, staff
has recommended and the Planning and Zoning Commission has recommended
by a 3/2 vote that approval of a fencing design be an additional requirement of
the already comprehensive site plan approval process.
It is important to note that there is no criteria that has been suggested for such
design review other than "visual interest" and "more articulation". Requiring
approval of the fence design, without shy established criteria, is unreasonable.
Additionally, the intensive landscaping plan has three rows of buffeting
including shrubs, arborvitae and deciduous trees and is the most appropriate long
term solutio~l to creating a visual screen to what may be a long fence if Menards,
Inc. proceeds with the acquisition. A design review without c~eda ii-:
problematic, but is even more problematic when design modifications w0ui.d be
merely for temporary benefit before the landscaping matured. Based on the time.-:,
frame ~:or development of land westerly of this area, it is likely that the
landscaping will be sufficiently mature.
Highway 1 Sidewalk ~ :i"
Neither John Yapp's memorandum nor the Conditional Zoning Agreement:~>
· proposed by the City properly articulates the discussion held. by the Planning and
Zoning Commission. This pertains to a possible sidewalk that may be
constructed at some time .in the future along Highway 1. The Planning and
Zoning Commission did not believe it would be appropriate for the owners to pay
money for a sidewalk unless the sidewalk actually is instal]ed_ They specifically
discussed the issue of an escrow ar/d agreed by a 4/1 vote to recommend that the
owners not be required to pay anything unless and until a sidewalk is installed.
The proposed Conditional Zoning Agreement would require an escrow which is
contrary to the Planning and Zoning Commission's specific discussion and
recommendation. The only legally permissible way to carry out the Planning and
Zoning Commission's recommendation is by a future special assessment.
More significantly, the owners in any event object to the any sidewalk
requirement now when there is no reasonable likelihood that a sidewalk will be
built at any time in the near future, if at all. There is no sidewalk at any location
on Highway 1 from its intersection with Riverside Drive to the property in
03/31/2005 15:02 FAX 319 354 6962 PHELAN LAW ~006
March 31,2005
Page 5
question. Additionally, crossing Highway 218 is a significant problem that would
require the construction of a pedestrian footbridge before being able to connect to
a sidewalk in front of the subject property. Furthermore, them is no currently
planned development west of the subject property. While them is some very
prelim/nary discussion as to the possibihty of establish/ng a pedestrian walkway
along Highway 1, it is not even certain at this time on what side of the highway it
might be located, how it might be funded and where it would start and stop.
Given all of these uncertainties, it seems unreasonable to impose this obligation
on the owners at this time. Rather, it would seem more reasonable to specially
assess for a sidewalk that migh. t be installed in the future as part of a walkway
system on the south side of Highway 1. Owners will agree to waive any
objections to a future special assessment based on specific benefit of such a
sidewalk to the applicable property. In any event, the City can legally specially
assess for a sidewalk if or when it may ever be needed.
As indicated above~ the requirements of Section 414.5 of the Iowa Code
require reasonableness and direct causality to impose requirements under a
Conditional Zoning Agreement- The owners believe they haye proposed a
reasonable resolution to the cost sharing for the intersection improvements;
that it is both unreasonable and without any direct causation for them to be
required to' contribute to the cost of Kitty Lee Road funding; that it is
unreasonable to impose a design review o[ fencing without criteria or
standards and that is redundant to an aggressive landscaping requirement;
and that it is unreasonable to require a contribution for a sidewalk along
Highway 1 for which there is no presently planned project and which may
never be built.
The owners have each executed a Conditional Zoning Agreement in the form
drafted by the City with modifications consistent with the positions set forth in
this letter. A copy of the Conditional Zoning Agreement that would be made
available to the City is attached. (A redlined version showihg the changes from
the staff's draft is also attached.) Your fullest consideration of these matters will
be much appreciated.
Very truly yours,
Thomas
THG:kc
cc: Jim Davis . .... -. ..
Tom O'Neil
Karin Franklin
Sarah Holecek
03/31/2005 15:02 FAX 319 354 6962 PHELAN LAW ~007
Prepared by;. John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5247 (REZ04-00030)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City"), and James R. Davis, Robert A. Davis, and Jan E. Smith
(hereinafter "Owners"); and
WHEREAS, Owners are owners and legal title holders of approximately 50.03 acres of property
located north of Highway 1, west of Highway 218, and east of Kitty Lee Road; and
WHEREAS, the Owners have requested voluntary annexation of the property to the City of Iowa
City, and have requested commercial zoning for a majority of the property to enable a
commercial subdivision and development; and
WHEREAS, the Planning and Zoning Commission has recommended approval of commercial
zoning for a majodty of the property subject to conditions related to infrastructure needs, funding
for infrastructure, landscaping and fencing, access control, and the provision of sanitary sewer;
and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs that are directly caused by the requested change in zoning; and
WHEREAS, the Owners acknowledge that certain conditions and restrictions are reasonable to
ensure adequate infrastructure is in place for urban commercial development, future
infrastructure needs are adequately funded to minimize costs to the public, landscaping are
adequate to minimize visual impacts on adjacent residential properties, and sanitary sewer
infrastructure is designed to be upgraded to serve the larger watershed; and
WHEREAS, Owners agree to use this property in accordance with the terms and conditions of a
Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein?the parties
agree as follows:
1. Robed A. Davis, James R. Davis, and Jan E. Smith are the owners and legal title holders of
the property legally described as follows:
CO-1 ZONE '~1~'~'~' ....
BEGINNING AT THE SOUTHEAST CORNER OF LOT 11, OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE~ 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE N01°Ol'58"E, ALONG THE EASTERLY LINES OF LOT 11, LOT 10, LOT 9 AND
LOT 8 OF SAID R.H. DAVIS SUBDIVISION, 396,57 FEET, TO THE SOUTHWEST CORNER OF LOT 12 OF SAID
R,H. DAVIS SUBDIVISION; THENCE S66°18'16"E, ALONG THE SOUTHERLY LINE OF SAID LOT 12, A
DISTANCE OF 7S.75 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE NZ3*47'56"E, ALONG THE
EASTERLY LINE OF SAID LOT 12, A DISTANCE OF 199.77 FEET, TO THE SOUTHWEST CORNER OF LOT 18
OF SAID R.H. DAVIS SUBDIVISION; THENCE 866°14'16"E, ALONG THE SOUTHERLY LINE OF SAID LOT 18, A
DISTANCE OF 224.57 FEET~ TO THE SOUTHEAST CORNER THEREOF; THI~NCE N23°42'17"E, ALONG THE
EASTERLY LINE OF SAID LOT 18, A DISTANCE OF 129.56 FEET; THENCE NORTHWESTERLY, 52.60 FEET,
ALONG SAID EASTERLY LINE, AND A 54.67 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE
50.59 FOOT CHORD BEARS N03°51'23"VV; THENCE N58~34'5~,"E, 83.82 FEET, TO. A POINT ON THE
03/31/2005 15:02 FAX 319 354 6962 PiIELAN LAW ~008
Conditional Zoning Agreement (REZ04-00030)
Page 2
SOUTFNVESTERLY LINE OF HIGHVVAY NO. 218; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE,
343,30 FEET; THENCE S58°34'58'~N, 265,34 FEET; THENCE SOUTHEASTERLY, 203.93 FEET, ALONG A
176§.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 203.82 FOOT CHORD BEARS
S30'22'24"E; THENCE S62~56'13"VV, 175.00 FEET; THENCE S00~16'55'E, 424.04 FEET; THENCE S89°43'05'~N,
639.14 FEET, TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHVVEST QUARTER OF
SECTION 20, TOWNSHIP 79 NORTH. RANGE.6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE
N00°t6'tS'E, ALONG SAID WEST LINE, 120.01 FEET; THENCE N89°43'05"E, 250.13 FEET: THENCE
N00o39'§7'E, 321.57 FEET. TO SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 10.92 ACRES,
AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
C1-1 ZONE
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY. IOWA; THENCE N89°55'12"E. ALONG THE NORTH
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 1325.59 FEET; THENCE
S00°16'15'W, ALONG THE WEST LINE OF ~-IE EAST ONE-HALF OF SAiD SOUTHWEST QUARTER, 442.44
FEET, TO THE POINT OF BEGINNING; THENCE N89°43'05"E, 639.14 FEET; THENCE S00°16'55"E, 58.06 FEET;
THENCE N89°43'05"E, 331.93 FEET; THENCE SOUTHWESTERLY, 154.02 FEET, AND A 615.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 153.62 FOOT CHORD BEARS S03°08'26"W; THENCE
St0°18'54'W, 4t2.57; THENCE SOUTHEASTERLY, 104.12 FEET, ALONG A 150.00 FOOT RADIUS CURVE.
CONCAVE NORTHEASTERLY, WHOSE 102.05 FOOT CHORD BEARS S09°34'17"E, TO A POINT ON THE
NORTHWESTERLY LINE OF HIGHWAY NO. 1; THENCE S23°39'28'~/, ALONG SAID NORTHWESTERLY LINE,
tt3_82 FEET; THENCE S53°$3'27"~/V. ALONG SAID NORTHWESTERLY LINE, 32%32 FEET; THENCE
N89*43'45~N. 605.50 FEET, TO A POINT ON THE WEST LINE OF THE SAID EAST ONE-HALF OF THE
SOUTHWEST QUARTER OF SECTION 20; THENCE N00°I6~IS"E, ALONG SAID WEST LINE, 1003.96 FEET, TO
SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 20,22 ACRES, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
CC-2 ZONE
COMMENCING AT THE NORTHEAST CORNER OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH THE
PLAT THEREOF RECORDED IN BOoK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S35'26'49'E, ALONG THE SOUTHWESTERLY LINE OF HIGHWAY NO. 218, A
DISTANCE OF 162.11 FEET; THENCE S31°25'02'E, ALONG SAID SOUTHWESTERLY LINE, 951.85 FEET, TO
THE POINT OF BEGINNING; THENCE CONTINUING S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE.
440.62 FEET; THENCE S05'01'05"E, ALONG SAID SOUTHWESTERLY LINE, 260.12 FEET; THENCE
Sl§°17'39'E, ALONG SAID SOUTHWESTERLY LINE, 497.24 FEET, TO A POINT ON THE EAST LINE OF THE
EAST ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S00°13'40"W, ALONG SAID EAST LINE, 5.60 FEET. TO ITS
INTERSECTION WITH THE NORTHWESTERLY LINE OF HIGHWAY NO. 1; THENCE S41°25'36"W, ALONG SAID
NORTHWESTERLY LINE, 349.83 FEET; THENCE S65°53'59"E, ALONG SAID NORTHWESTERLY LINE, 16025
FEET; THENCE S23'39'28"W, ALONG SAID NORTHWESTERLY LINE, 102.16 FEET; THENCE
NQRTHWESTERLY, 104.12 FEET, ALONG A 150.00 FOOT RADIUS CURVE. CONCAVE NORTHEASTERLY,
WHOSE 102.05 FOOT CHORD BEARS N09°34'17"W; THENCE N10°18'54"E, 412.57 FEET; THENCE
NORTHEASTERLY, 154.02 FEET, ALONG A 615.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY,
WHOSE 153.52 FOOT CHORD BEARS NO3*08'26"E; THENCE S89°43'05"W, 331.93 FE~ THENCE
N00°16'55~N, 482.10 FEET; THENCE N62o56'I3"E, 175.00 FEET; THENCE NORTHWESTERLY,; Z03.93 FEET,
ALONG A 1765.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 203.82 FOOT CHORD
BEARS N30°22'24"W; THENCE N58°34'58"E. 265.34 FEET, TO SAID POINT OF BEGINNING. CONTAINING 12.27
ACRES.
-AND-
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHWES~QUARTEd~OF
SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; TH.E~CE
S89°44'05"W, ALONG THE SOUTH LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST QUARTER, 1~.61
FEET; THENCE N00~16'15"E, ALONG THE WEST LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST
QUARTER, 708,65 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING N00~16'15'"E, ALONG SAID
WEST LINE, 478.98 FEET; THENCE S89°43'45"E, 605,50 FEET, TO A POINT ON THE NORTHWESTERLY LINE
OF HIGHWAY NO_ 1; THENCE S53°53'27"W, ALONG SAID NORTHWESTERLY LINE, 91.91 FEET; THENCE
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Conditional Zoning Agreement (REZ04-00030)
Page 3
S41°lS'16"VV, ALONG SAID NORTHWESTERLY LINE, 345.72 FEET; THENCE S62°03'3g"vv, ALONG SAID
NORTHWESTERLY LINE, 345.84 FEET, TO SAID POINT OF BEGINNING, CONTAINING 3.78 ACRES.
SAID RESULTANT PARCEL OF LAND CONTAINS t6.05 ACRES, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
RR-1 ZONE
BEGINNING AT THE SOUTHEAST CORNER OF LOT 2, OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECOi~DER'S OFFICE; THENCE S88°58'43"E, t~3.89 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF
HIGHWAY NO. 218; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE, 520.41 FEET; THENCE
S58°34'58"W, 83.82 FEET, TO A POINT ON THE SOUTHERLY LINE OF OLDE OAK LANE; THENCE
NORTHWESTERLY, ALONG SAID SOUTHERLY LINE, §4.07 FEET, AND A ~4.67 FOOT RADIUS CURVE,
CONCAVE SOUTI-IVVESTERLY, WHOSE 60.47 FOOT CHORD BEARS N64°59'26'~/V; THENCE N08~52'23"t/V,
80.0~3 FEET, TO A POINT ON THE NORTHERLY LINE OF SAID OLDE OAK LANE; THENCE S81°07'37'~/V,
ALONG SAID NORTHERLY LINE OF OLDE OAK LANE. 291.64 FEET. TO THE SOUTHEAST CORNER OF LOT 6
OF SAID R.H. DAVIS SUBDIVISION; THENCE N01*05'35"E, ALONG THE EASTERLY LINE OF SAID R,H, DAVIS
SUBDIVISION, 450.59 FEET, TO SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 2.83
ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
2, The Parties acknowledge that Iowa Code Section 414.5 (2005) provides that the City of
Iowa City may impose reasonable conditions on granting an applicant's rezoning request,
over and above the existing regulations, in order to satisfy public needs directly caused by
the requested change..
3. In consideration of the City's rezoning the subject property, Owners agree that development
of the subject property will conform to all other requirements of the Zoning Chapter, as well
as the following conditions:
a..Naples Avenue/Hiqhway 1: Turning lanes and a traffic signal at the intersection of
Highway 1 and Naples Avenue will be constructed, as recommended in the Traffic
Impact Study dated February 2005 submitted for this property, prior to an occupancy
permit being issued for any lot on the property. The design of the turning lanes and
street pavement shall be included as part of a final plat for the property, to be approved
by the City. Except for the City's reimbursement specified below, the Owners shall fund:
100% of the improvements on the north leg of the Highway l/Naples Avenue
intersection;
100% of the cost of turn lanes improvements for traffic turning north onto Naples Avenue
from Highway 1;
100% for improvements made to align the south leg of Naples Avenue with th:enorth~!eg;
and
100% of the cost of a traffic signal. -
The City of Iowa City shall reimburse to the Owners 50% of the cost of the~m signal
improvements for the intersection and 100% for turn lane mprovements, if
turning south onto Naples Avenue from Highway 1upon completio{1~ of t,..~e
improvements and acceptance by the City. The developer/subdivider shell submit to the
City receipts for the costs of these improvements, which the City shall use to determine
the reimbursement, Said improvements are to be installed and accepted by the City of
03/31/2005 15:03 FAX 319 354 6962 PHELAN LA~~ ~010
Conditional Zoning Agreement (REZ04-00030)
Page 4
Iowa City and the Department of Transportation prior to the issuance of an occupancy
permit for any lot in the development.
b. Naples Avenue Desiqn and Access: Naples Avenue north of Highway I will be
constructed to collector street standards, with a shared access point for Lots 13 and 14.
as numbered on the MWD Davis Addition Concept Plan submitted to the City on
February 17, 2005. The access drives to Lot 2, the Intensive Commercial zoned lot, shall
be opposite this access point, and a second access point may be located at the northem
edge of the Intensive Commercial zoned area, to create predictable and consistent
access points with adequate queuing storage on Naples Avenue.
c. Kitty Lee Road Improvements: Prior to access being permitted to Kitty Lee Road from a
Commercial zoned property, Kitty Lee Road shall be reconstructed to City collector
street standards from Highway 1 to the nor[hem most commercial driveway. To
determine if Highway 1 left and right-turn lanes are needed on Highway I and to
determine the appropriate design of such turn lanes, a traffic study, to be approved by
the City, must be completed to predict turning movements based on the proposed land
use of any of the above described property utilizing Kitty Lee Road for access. These
improvements and any other improvements recommended by the traffic study must be
completed prior to an occupancy permit being issued for any commercial property using
Kitty Lee Road for access.
d. Kitty Lee Road Funding: When an access to Kitty Lee Road is proposed for any
commercial lot within the above described property with frontage on Kitty Lee Road, the
Owners shall reconstruct Kitty Lee Road to City collector street standards between
Highway 1 and the northernmost commercial driveway. Upon City acceptance of the
reconstructed portion of Kitty Lee Road, funds equal to the cost of over-sizing the street
from a local to a collector street shall be paid by City to the Owners.
e. Landscapinq: The landscaping generally depicted on the preliminary landscaping plan
dated January 27, 2005 submitted to the City of Iowa City shall be planted prior to the
issuance of an occupancy permit for any lot on the property. The final design of said
landscaping shall be approved as part of final plat approval, and shall be acceptable if it
is either in substantial compliance with the preliminary plan or a modified plan that'may
also be acceptable to the City. ~: -, ' i
f. Access Control: No direct driveway access to Highway 1 is permitted. .._..~
g. Sanitary Sewer Provision: The sanitary sewer lift station to be provided on the property
shall be sized to serve the proposed development with potential to be upgrac~ed to ~rve
the entire watershed. The design of this sanitary sewer infrastructure shal~e approved
as part of the approval of construction plans to be submitted with a finM-'plat f ~d~..~the
property.
h. Hi,qhway. 1 Sidewalk: In lieu of requiring the Owners to construct a sidewalk along the
Highway 1 frontage, the Owners agree to waive any right to protest a special
assessment for the actual cost of paving for a four-foot wide sidewalk (exclusive of
grading and drainage ways) along the Highway 1 frontage of the Owners' property if a
sidewalk is installed within ten years of the date of this agreement as part of a walkway
system on the north side of Highway 1 connecting the sidewalk that may be installed on
03/31/2005 15:03 FAX 319 354 6962 PHELAN LAW
Conditional Zoning Agreement (REZ04-00030)
Page 5
the Owners' property in either an easterly or westeHy direction with such Highway 1
walkway system, which assessed cost shall not exceed $18,000..
4. Owners and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code Section 414.5 (2005), and that said
conditions satisfy public needs which ~.re directly caused by the requested zoning change.
5. Owners and City acknowledge that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional
Zoning Agreement.
6. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a
covenant running with the land and with title to the land, and shall remain in full force and
effect as a covenant running with the title to the land unless or until released of record by the
City. The Parties further acknowledge that this Agreement shall inure to the benefit of and
bind all successors, representatives and assigns of the Parties.
7. Owners acknowledge that nothing in this Conditional Zoning Agreement shall be construed
to relieve the Owners or future owners from complying with all applicable local, state, and
federal regulations.
8. The Parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the Ordinance rezoning the subject property; and that upon adoption and
publication of the Ordinance, this Agreement shall be recorded in the Johnson County
Recorder's Office at the applicant's expense.
*** Remainder of this Page has been left Blank Intentionally ***
03/3~/2005 15:03 FAX 319 354 6962 PItELAN LAW ~012
ConditionalZoning Agreement(REZ04-00030)
Page 6
Dated this day of ,2005,
OWNERS CITY OF IOWA CITY, IOWA
By_.
Jan Ellen Smith Ernest W. Lehman, Mayor
By
Erie Smith Marian K, Kart, City Clerk
Robert A, Davis
Patti Davis
James R- Davis
Barbara Davis
Approved by:
City Attorney's Office
03/31/2005 15:03 FAX 319 354 6962 PHELAN LAW ~013
Conditional Zoning Agreement (REZ04~0030)
Page 6
Dated this day of ,2005.
OWNERS CITY OF IOWA CITY, IOWA
]~y.
lan Ell~'n Smith Ernest W. Lehman, Mayor
By.
Eric Smith Marian K. Kart, City Clerk
Patti Davis
James R. Davis
Barbara Davis
Approved by:
City Attomey's Office
03/31/2005 15:03 FAX 319 354 6962 PHELAN LA~~ ~014
03/21/2005 14:30 FAX 319 354 5962 ?HELAN L, lW ~016/018
Conditlona[ Zoning Agreement (REZ)4-00030)
Page 6
Dated this day of ., 2005.
?~ Davi~
lam~ R. Da,ds
Barbara Davis
Approved by:
City Attorney's Office
03/31/2005 15:03 FAX 319 354 6962 PI{ELAN LAW ~015
FROM : Tke_Dutrisaer FPJ< NO. : ~41 $87 7978 Mar. mi 2~$ 03:51PM P2
Con~ltlone. I Z~nlng AGreement (RF. ZO~-00030) ~
03/31/2005 15:03 FAX 319 354 6962 P~ELAN LA~
Conditional Zoning Agreement(REZ04-00030)
Page 7
OWNERS' ACKNOWLEDGEMENTS
State of ., County of ss:
On this __ day of , 2005, before me, a notary public for said state, personally
appeared Jan Ellen Smith and Eric Smith, wife and husband, to me known to be the persons named in and
who executed the foregoing instrument, and acknowledged that they executed the same as thek voluntary
act and deed.
Notary Public for the State of lowa
State of Iowa, County of Johnson, ss:
On this clay of , 2005, before me, a notary public for said state, personally
appeared Robert A. Davis and Patti Davis, husband and wife, to me known to be the persons named in
and who executed the foregoing instrument, and acknowledged that they executed the same as their
voluntary act and deed.
Nota~ Public for the State of Iowa
State of , County of ., ss:
On this __ day of , 2005, before me, a notre7 public for said state, personally
appeared lames R. Davis and Barbara Davis, husband and wife, to me known to be the person named in
and who executed the foregoing instrument, and acknowledged that they executed the same as their
voluntary act and deed.
Notary Public for the State of Iowa
03/31/2005 15:03 FAX 319 354 6962 PHE~AN LAW ~017
Conditional Zoning Agreement (REZ04-00030)
Page 8
CITY OF IOWA CITY ACKNOWLEDGEMENT:
State of Iowa, County of $ohnson, ss:
On this. day of , 2005, before me, the undersigned, a notary public for the state of lows,
personally appeared Ernest W. Lehman and Marian K. Ka~, to me personally knowr~ who, being by me
duly sworn, did say that they are thc Mayor and City Clerk, respectively, of the Ci~ of Iowa City, Iowa,
executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation
by authority of its City Council; and that the said Mayor and City Clerk acknowledged the exeeu~on of
said instnmaent to be the voluntary act and deed of said corporation, by it and by them voluntarily
executed
Nora_n/Public for the State of Iowa
~]o15
o3/31/20o5 15:o3 FAX 319 354 6962 PHELAN LAW
Prepared by: John Yapp, PCD, 410 E. Washington StreeL ~owa City, IA 52240; 319 356 5247 :(R~04-08930)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City~), and James R. Davis, Robert A. Davis, and Jan E. Smith
(hereinafter "Owners"); and
WHEREAS, Owners are owners and legal title holders of approximately 50.03 acres of property
located north of Highway 1, west ef Highway 218, and east of Kitty Lee Road; and
WHEREAS, the Owners have requested voluntary annexation of the property to the City of iowa
City, and have requested commercial zoning for a majority of the property to enable a
commercial subdivision and development; and
WHEREAS, the Planning and Zoning Commission has recommended approval of commercial
zoning for a majority of the properl7 subject to conditions related to infrastructure needs, funding
for infrastructure, landscaping and fencing, access control, and the provision of sanitary sewer;
and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations,
I order to satisfy public needs that are directly caused by the requested change in zoning; and
WHEREAS, the Owner~ acknowledge that certain conditions and restrictions are reasonable to
ensure adequate infrastructure is in place for urban commercial development, future
I infrastructure needs are adequately funded to minimize costs to the public, fenc!n; ~nd
landscaping, are adequate to minimize visual impacts on adjacent residential properties, and
sanitary sewer infrastructure is designed to be upgraded to serve the larger watershed; and
WHEREAS. Owners agree to use this property in accordance with the terms and'conditions of a
Conditional Zoning Agreement.
NOW, THEREFORE, in conside?ation of the mutual promises contained herein, the Parties
agree as follows:
1. Robert A. Davis, James R. Davis, and Jan E. Smith are the owners and legal title holders of
the property legally describedI as follows:
c0-1 ZON~
BEGINNING AT THE SOUTHEAST COI~NER OF LOT 11, OF R,H. DAVIS SUBDIVISION, IN ACCORDANCE W~H
THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE N01°01'58"E, ALONG THE EASTERLY LINES OF LOT 11, lOT 10, LOT 9 AND
LOT 8 OF SAID R_H. DAVIS SUBDIVISION, 396.57 FEET, TO THE SOUTHWEST CORNER OF LOT 12 OF SAID
R.H. DAVIS SUBDIVISION; THENCEI S66°18'16"E, ALONG THE SOUTHERLY LINE OF SAID LOT 12, A
DISTANCE OF 75.75 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N23°47'56"E, ALONG THE
EASTERLY LiNE OF SAID LOT 12, A DISTANCE 'OF 199,77 FEET, TO THE SOUTHWEST CORNER OF LOT 18
OF SAID P,,H, DAVIS SUBDIVISION; THENCE S65°14'16"E, ALONG THE SOUTHERLY LINE OF SAID LOT 18, A
DISTANCE OF 224.57 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N23°42'lT"E, ALONG THE
EASTERLY LINE OF SAID LOT 18, A DISTANCE OF 129.56 FEET; THENCE NORTHWESTERLY, 52.60 FEET,
ALONG SAID EASTERLY LINE, AND A 54.67 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE
§0.§9 FOOT CHORD BEARS N03~51'23"W; THENCE N58°34'58"E. 83.82 FEET, TO A POINT ON THE
03/31/2005 15:04 FAX 319 354 6962 PHELAN LAW ~]019
Conditional Zoning Agreement (REZ04-00030)
Page 2
SOUTHWESTERLY LINE OF HIGHWAYI NO. 218; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE,
343.30 FEET; THENCE S58~34'58'~/,!265.34 FEET; THENCE SOUTHEASTERLY, 203,93 FEET, ALONG A
1765.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 203.82 FOOT CHORD BEARS
S30°22~4"E; THENCE S62°56'13"W, 17;5 00 FEET; THENCE S00°16'55"E, 424,04 FEET; THENCE S89~43'05'M/,
639.14 FEET, TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF
SECTION 20, TOWNSHIP 79 NORTH'; RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE
N00*16'l§'E, ALONG SAID WEST !ANE, 120.01 FEET; THENCE N89"43'05"E, 250.13 FEET; THENCE
N00o39'57"E, 321.57 FEET, TO SA D PO NT OF BEGINN NC. SAiD PARCEL OF LAND CONTAINS I0.92 ACRES,
AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
COMMENCING AT THE WEST QUART.ER CORNER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN, ~JOHNSON COUNTY, IOWA; THENCE N89°55'12"E, ALONG THE NORTH
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 1325.59 FEET; THENCE
S00°16'15~/, ALONG THE WEST LINE OF THE EAST ONE-HALF OF SAID SOUTHWEST QUARTER, 442.44
FEET, TO THE POINT OF BEGINNING; ~HENCE N89°43'05"E, 639.14 FEET; THENCE S00°16'55"E, 58.06 FEET;
THENCE N89°43'05"E, 331.93 FEET; T~ENCE SOUTHWESTERLY, 154.02 FEET, AND A 615.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 153.62 FOOT CHORD BEARS S03°08'26~/V; THENCE
S10o18'54'W, 412.57; THENCE SOUTPtEASTERLY, 104.12 FEET, ALONG A 150.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, WHOSE 102.05 FOOT CHORD BEARS S09°34'17"E, TO A POINT ON THE
NORTHWESTERLY LINE OF HIGHWAY NO. 1; THENCE S23°39'.28'~N, ALONG SAID NORTHWESTERLY LINE,
113.82 FEET; THENCE S53°53'27"~, ALONG SAID NORTHWESTERLY LINE, 321.32 FEE~; THENCE
N89~43'45"W, 605.50 FEET, TO A PO~INT ON THE WEST LINE OF THE SAID EAST ONE-HAL~F OF THE
SOUTHWEST QUARTER OF SECTION ~20; THENCE N00°16'15"E, ALONG SAID WEST LINE, 1003.96 FEET, TO
SAID POINT OF BEG~NNING. SAID pARCEL OF LAND CONTAINS 20.22 ACRES, AND IS SUBJECT '_T~)
EASEMENTS AND RESTRICTIONS OF RECORD.
CC-2 ZONE _ ~ -~-
COMMENCING AT THE NORTHEAST :ORNER OF R_H. DAVIS SUBDIVISION, IN ACCORDANCE:WITH THE
PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1 OF THE RECORDS OF THE JOHNS~ COUN~
RECQRDER'S OFFICE; THENCE S35°26'49"E, ALONG THE SOUTHWESTERLY LINE OF HIGHWAY NO, 218, A
DISTANCE OF 162.11 FEET; THENCEiS31°25'02"E, ALONG SAID SOUTHWESTERLY LINE, 951.85 FEET, TO
THE POINT OF BEGINNING; THENCE CONTINUING S31°25'02"E, ALONG SAID SOUTHWESTERLY UNE,
440.62 FEET; THENCE S05°0t'05"E; ALONG. SAID SOUTHWESTERLY LINE, 260.12' FEET; THENCE
S18°17'39'E, ALONG SAiD SOUTHWESTERLY LINE, 49724 FEET, TO A POINT ON THE ~AST LiNE OF THE
EAST ONE-HALF OF THE SOUTHWES;T QUARTER OF SECT'ON 20, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S00013'40'~/V, ALONG SAID EAST LINE, 5.60 FEET, TO ITS
IN I ERSECTiON WITH THE NORTHWESTERLY LINE OF HIGHWAY NO. 1; THENCE S41°25'35'W, ALONG SAID
NORTHWESTERLY LINE, 349.53 FEET; THENCE S65°53'59"E, ALONG SAiD NORTHWESTERLY LINE, 160.25
FEET; THENCE S23039'28"W, ALONG SAID NORTHWESTERLY LINE, 102.16 FEET; THENCE
NORTHWESTERLY, 104.12 FEET, AL~)NG A 150.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY,
WHOSE 102.05 FOOT CHORD BE~RS N09°34'17~W; THENCE N10°18'54"E, 412.57 FEET; THENCE
NORTHEASTERLY, 154.02 FEET, ALONG A 615.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY,
WHOSE 153.62 FOOT CHORD BF__~RS N03°08'26~E; THENCE S89°43'05'~V, 331.93 FEET; THENCE
N00°16'55"W, 482.10 FEET; THENCE ~62°$6'13"E, 175.00 FEET; THENCE NORTHWESTERLY, 203.93 FEET,
ALONG A 1765.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 203.82 FOOT CHORD
BEARS N30"22'24"W; THENCE N58"34'~8"E, 265.34 FEET, TO SAiD POINT OF BEGINNING, CONTAINING 12.27
ACRES.
-AND-
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF
SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE
S89°44'05"W, ALONG THE SOUTH LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST QUARTER, 1327.61
FEET; THENCE N00~16'I§"E, ALONG THE WEST LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST
QUARTER, 708.65 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING N00°16'15"E, ALONG SAID
WEST LINE, 478.98 FEET; THENCE S89°43'45"E, 605.50 FEET, TO A POINT ON THE NORTHWESTERLY LINE
OF HIGHWAY NO. 1; THENCE S53°53'27'M/, ALONG SAID NORTHWESTERLY LINE, 91.91 FEET; THENCE
03/31/2005 15:04 FAX 319 354 6962 PHELAN LA~~ ~020
Conditional Zoning Agreement (REZ04-00030)
Page 3
S41°15'16'W, ALONG SAID NORTHWESTERLY LINE, 345.72 FEET; THENCE S62°03'39"W, ALONG SAID
NORTHWESTERLY LINE, 345.84 FEET, TO SAID POINT OF BEGINNING, CONTAINING 3.78 ACRES.
SAID RESULTANT PARCEL OF LAND CONTAINS 16.05 ACRES, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
BEGINNING AT THE SOUTHEAST CORNER OF LOT 2,. OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN BOOK 7 AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFF[CE; THENCE S88°58'43"E 143.89 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF
HIGHWAY NO. 218; THENCE S31°25i02"E, ALONG SAID SOUTHWESTERLY LINE, 520.41 FEET; THENCE
S58~34'58'W, 83.82 FEET, TO A POINT ON THE SOUTHERLY LINE OF OLDE OAK LANE; THENCE
NORTHVVESTERLY, ALONG SAID SOUTHERLY LINE, 64.07 FEET, AND A ,54.§7 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE 60.47 FOOT CHORD BEARS N64°59'26'~/V; THENCE N08°52'23"W,
60.00 FEET, TO A POINT ON THE NORTHERLY LINE OF SAID OLDE OAK LANE; THENCE S81,07'37"W,
ALONG SAID NORTHERLY LINE OF CE. DE OAK LANE, 291.64 FEET, TO THE SOUTHEAST CORNER OF LOT 6
OF SAID R_H. DAVIS SUBDIVISION; THENCE N01°05~J5'E, ALONG THE EASTERLY LINE OF SAID R,H, DAVIS
SUBDIVISION, 450.59 FEET, TO SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 2.83
ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
2. The Parties acknowledge that Iowa Code Section 414.5 (2005) provides that the City of
Iowa City may impose reasor~able conditions on granting an applicant's rezoning request,
over and above the ex~sting regulabons, in order to satisfy public needs directly caused by
3. In consideration of the City's rezoning the subject property, Owners agree that development
of the subject property will conform to all other requirements of the Zoning Chapter, as well
as the following conditions:
a. Naples Avenue/Hi.qhway !1: Turning lanes and a traffic signal at the intersection of
Highway 1 and Naples g, venue will be constructed, as recommended in the Traffic
Impact Study dated Febrbary 2005 submitted for this property, prior to an occupancy
permit being issued for a'ny lot on the property. The design of the turning lanes and
street pavement shaft be ihcluded as part of a final plat for the property, to be approved
by. the City. Except ifor the City's reimbursement specified below, :]:the
~le,.,elef~u ...... eCDwners shall fund:
__100% of the improvements on the north leg of the Highway 1/Napes AvenUe
intersectio~i
100% of the cost of turn lahes improver~ents for traffic turning north onto Naples Av~t~ue
from Highway 61:
100% for improvements made to aliqn the south leq_of Naples Avenue withlthe north, teq;
-100% of the cost of a traffic signal.
The City of Iowa City shall reimburse to the de,.'e!c;er/s'dbdi';ider Owners 10050% of the
cost of the turn la~e-siqnal improvements for the intersection and 100% for turn lane
improvements, if any,. for traffic turning south onto Naples Avenue from Highway' 1 6,
and ~-' ....~. ........... s-m~d..- .......... ~.~-N~upon completion of these
03/31/2005 15:04 FAX 319 354 6962 PHELAN LAW ~021
Conditional Zoning Agreement (REZ04-00030)
Page 4
improvements and acceptance by the City. The developer/subdivider shall submit to the
City receipts for the co.stslof these~ improvements, which the City shall use to determine
the reimbursement. Said improvements are to be installed and accepted by the City of
Iowa City and the Department of Transportation prior to the issuance of an occupancy
permit for any lot in the development.
b. Naples Avenue Desi,qn land
Access: Naples Avenue north of Highway 1 will be
constructed to co actor street standards, with a shared access point for Lots 13 and 14,
as numbered on the MWD Davis Addition Concept Plan submitted to the City on
February 17, 2005. The abcess ddves to Lot 2, the Intensive Commercial zoned lot, shall
be opposite this' },ccess p6int, and a second access point may be located at the northern
edge of the Intensive C6mmerc a zoned area, to create predictable and consistent
access points with adequate queuihg storage on Naples Avenue.
c. Kitty Lee Road Improvements: Pdbr to access being permitted to Kitty Lee Road from a
Commercial zoned property, Kitt~ Lee Road shall be reconstructed to City collector
street standards from Highway il to the northern most commercial driveway. To
determine if Highway 1 ',left and; right-turn lanes are needed on Highway 1 and to
determine the appropriate, design !of such turn lanes, a traffic study, to be approved by
the City, must be completed to predict turning movements based on the proposed land
use of any of the above i:lescribe~l property utilizing Kitty Lee Road for access. These
improvements and any other improvements recommended by the traffic study must be
completed pdor t.o. an occupancy permit being issued for any commercial property using
~ Lee Road for access.
:' I
d- Kitty Lee Road Fundinq: 'rh,~ ~ ' i,,~ ~ ~ ~ . ~,, ~ ........ . ~ ....~,f
, ~, ,~ .~, ,$ ...... I-" ~1-'~' -., .......................... ~ ....... ;~... ~' '
~ ', -
When an access to Kitty Le'e Road is proposed for any commercial lot within the
. described property with frontage ion Kitty Lee Road, the
shall reconStruct Kitty Lee Road to City collector street standards betwe~h High~ay 1
and the northemmost corn, mercial .ddveway....~Upon City acceptance of the reconstructed
portion of Kitty Lee Road,. funds,equal to $!50 ~,~."'~' ':....~. ~"~+.~, ~. ''* --~.u.
froRta~the cost of over-sizinq the [street from a local to a collector street shall be paid by
Cih~ +,-, +he:
e. Landscapinq: The landsdaping ge~nerally depicted on the preliminary landscaping plan
dated January' 27, 2005 ~ubmitted to the City of Iowa City shall be planted prior to t.he
issuance of ~n occupancy permitI for any lot on the property. The final design of said
landscaping shall be approved as .part of.final plat approval, and shall be acceptable if it
is either in substantial compliance, with the preliminary p!an or a modified plan that may
also be acceptable to the Ci~.
03/31/2005 15:04 FAX 319 354 6~62 PHELAN LAW ~022
Conditional Zoning Agreement (REZ04-00030)
Page 5
.... ,3ny ........ = ............................. ~ ........
e~- Ac~ss ConSol: No direct ~dveway a~e~ to Highway 1 is pe~i~ed.
~. Sanitaw Sewer Provisioq:I The sani~w sewer I~ station to be provided on the prope~
~all be sized to se~e th~ proposed development with potential to be upgrade¢ t° se~e
the entire watershed_ The: design of this sanitaw sewer infrast~ure shall ~' eppro~d
as paA of ~e approval of ~nst~ction plans to be submiffed with a final plat for the
prope~. :
h~. Highway 1 .Sidewalk: In lieu of requiring the d=vd=p=r/cubd!vfdcr ~ners to construct a
sidewalk along the High~ay 1 frontage, the ~ .... ~ .... /¢,,~;,,~-qwn~r* agre~ to
waive any right to protest a special assessment~¢ .... ¢m,~,.¢ for the a~ual cost of pa~ng __for
a four-foot wide side~lk (exclusive of q~dinq and d~ina~e ways) along the Highly 1
frontage of the Ownem' pmpe~ E a sidewalk is install~ within ten yearn of the date of
· is agreement as pa~ of,a walkway system on the no~h side of Hiqhway I connectinq
· e sidewalk that may be installed on the Owners' prope~ in either an easterly or
westerlv direction with such Highway 1 walkway ~tem, which assessed cost shall not
exceed $18,000.~hc =cs~~. ~¢ ~.,k ¢,~..~,,.";~ ..... ~> ~..,,= ....... ~,,~..k"" k"-~ - ~ ~; _~ ~ .... ~!~st the
4. O~e~ and C~ acknowlffdge ~at the ~nditions confined herein are reasonable
condi~ons to impose on ~ei land under Iowa Code SecUon 414.5 (2005), and that said
~nditions satis~ public needs which are directly ~used by the requested zoning change.
5. Owners and Ci~ acknow edge that in the event the subje~ propff~ is transfe~ed, sold,
redeveloped, or subdivided, all redevelopment will confo~ ~h the te~s of ~is Cond~onal
Zoning Agreement.
6. The PaAies acknowledge that ~is Conditional Zoning Agreement shall be d~med to be a
covenant ~nning with the lahd and with title to the land, and shall remain in full force and
effe~ as a covenant running ~th the title to the land unless or un~l reieased of record by the
City. The PaAies fuKher acknowledge that this Agreement shall inure to the benefit of and
bind all su~essem, representatives and assigns of ~e Padies.
7. O~ers acknowledge that nothing in this Condffional Zoning Agreement shall be cons~ed
to relieve the Owne~ or future o~ers from complying with all appli~ble local, state, and
federal regulations.
8. The Pad,es agree that this Conditional Zoning Agreement shall be incorporated by
reference into the Ordinan~ rezoning the subject prope~; and that upon adoption and
publi~tion of the Ordinance, this Agreement shall be recorded in the Johnson County
Reorders O~ at the applicant's expense.
03/31/2005 15:04 FAX 319 354 6962 PHELAN LAW ~023
Conditional Zoning Agreement (REZ04-00030)
Page 6
· ~ Romaindor of,~his PaO* has be~n loft B~ank Intentionally ~'*
03/31/2005 15:04 FAX 319 354 6962 PHELAN LAW ~024
CondiUonalZoning Agreement(REZ04-00030)
Page 7
Dated this day of ., 2005_
OWNERS CITY OF IOWA CITY, IOWA
By
Jan Ellen Smith Ernest W. Lehman, Mayor
By
Eric Smith Marian K, Kart, City Clerk
Robe~ A. Davis
Patti Davis ':
James P,.. Davis
Barbara Davis
Approved by:
City Attorney's Office
03/31/2005 15:04 FAX 319 354 6962 PHELAN LAW ~025
Conditional Zoning Agreement (REZ04-00030)
Page 8
OWNERS' ACKNOWLEDGEMENTS
State of , Co~mty qf_ ss:
On this __ day of '~ , 2005, bei ~re me, a notary public for said state, personally
appeared Jan Ellen Smith and Eric Sraith, wife and k usband, to me known to be the persons named in and
who executed the foregoing instrument, and acknow [edged that they executed the same as their voluntary
act and deed.
No ary Public for the State of Iowa
State of Iowa, County of Jotmson, s~:
On this~ day of . ~ 2005, be [ore me, a notary public for said state, personally
appeared Robert A. Davis and ?aR Davis, husban t and wife, to me known to be the persons named in
and who executed the foregoing nslrument~ and acknowledged that they execu[ed the same as their
voluntary act and deed.
~q( ,tary Public for the State of Iowa
I
State of _, County of , ss:
On this~ day of ., 2005, b ;fore me, a notary public for said state, personally
appeared James K. Davis and Barbara Davis, huslc and and wife, to me known to be the person named in
and who executed the foregoing inslxument, and acknowledged that they executed the same as their
...
volmata-*y act and deed.
lq otary Public for the State of Iowa
03/31/2005 15:04 FAX 319 354 6962 P~ELAN LAW ~026
Conditional Zoning Agreement (p,F_.Z,04-00030)
Page 9
CITY OF IOWA CITY ACKNOWLEDGEMENT:
State of Iowa, County of ~lohnson,
On this. day of , 2005, before me, the undersigned, a notary public for the s~ate of Iowa,
personally appeared Ernest W. Lehman and Mari~n K. Kart, to me personally known, who, being by me
duly sworn, did say *.hat they ~e the Mayor and City Clerk, respeu~ively, of the City of Iowa City, Iowa,
within and foregoing insU-ument; that the seal attached thereto is the seal of said corporation
executing the
by authority of i~s City Council; and that the sai6 Mayor a~d City Clerk acknowledged the execution
said inst~rnent to be the voluntary act and deed of said corporation, by it and by them voluntarily
executed.
Notary Public for the State of Iowa
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (VAC05-00001)
ORDINANCE NO. 05-4155
AN ORDINANCE VACATING UNIMPROVED DANE ROAD, NORTH OF MORMON TREK BOULEVARD
WHEREAS, as part of the extension of Mormon Trek Boulevard, a segment of Dane Road pavement
was removed; and
WHEREAS, the property containing this segment of the Dane Road right-of-way easement is proposed
to be platted and developed; and
WHEREAS, telephone and gas utilities are remaining and easements will need to be created for said
utilities; and
WHEREAS, this segment of Dane Road, proposed to be vacated, is not required for access to any
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. VACATION. The City of Iowa City hereby vacates the public right-of-way easement legally
described as follows, subject to the retention of utility and access easements to any existing utilities created:
A parcel of land located in the northeast 1/4 of the southeast 1/4 of Section 20, Township 79 North,
Range 6 West, of the Fifth Principal Meridian, Johnson County, Iowa, more particularly described as
follows:
Commencing at the east 1/4 corner of said Section 20; thence south 00008'54'' W on the east line of
the southeast 1/4 of said Section 20, a distance of 485.52 feet to a point of beginning of the parcel
herein described; thence south 00°08'54" W, a distance of 585.36 feet; thence northwesterly on a
1750.0 foot radius curve concave northeasterly and having a 36.98 foot long chord bearing north
63002'07'' W, a distance of 36.98 feet (arc length); .thence north 00°08'54" E, a distance of 568.68
feet; thence south 89°51'06" E, a distance of 33.00 feet to the point of beginning; containing
19,044.05 square feet more or less.
SECTION II. AUTHORIZATION. The Mayor and City Clerk are authorized to execute any and all
documents necessary to retain utility and access easements to 'existing utilities and to relinquish the City's
right-of-way easement over the subject property.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
~..d and approved this 5th day of Apri 1 ,20 05
~A'COR '~ . ' , ,,
ATTEST: /~5~,.~,~-)/L~-,~/~
CITY ChZERK
~City Att?y's Of~/.3 _ ;~
Ordinance No. 05-4155
Page 2
It was moved by Ba i le~v and seconded by W i 1 burn that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
First Consideration
Vote for passage:
Second Consideration 3/22/05
Vote for passage: ^¥ES: Elliott, Lehman, 0'Donne11, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: None. ABSENT: None.
Date published 4/13/05
Moved by Vanderhoef, seconded by O'Donnell, that the rult 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 first consideration and vote be waived and the ordinance be
given second consideration at this time. AYES: Elliott, Lehman, O'Donnell, Vanderhoer, Wilburr
Bailey, Champion. NAYS: None. ABSENT: None.
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Doug Ongie, PCD Intern
Item: VAC05-00001 Dane Road north of Mormon Date: February 17, 2005
Trek Boulevard
GENERAL INFORMATION:
Applicant: City of Iowa City
410 E Washington Street
Iowa City, IA 52240
Requested Action: Vacation of Old Dane Road
Purpose: To allow for development of unimproved right-
of-way
Location: Dane Road, north of Mormon Trek Boulevard
Size: Approximately 19,050 square feet
Existing Land Use and Zoning: Vacant; Intensive Commercial, C1-1
Surrounding Land Use and Zoning: North: Vacant; Intensive Commercial, C1-1
South: Agricultural and residential; County RS
East: Agricultural and residential; County RS
and RMH
West: Vacant; Intensive Commercial, C1-1
File Date: January 28, 2005
BACKGROUND INFORMATION:
In 2004, Mormon Trek Boulevard was extended southeast from Highway 1 to Dane Road. A new
street, City Drive, was constructed that connects Mormon Trek Boulevard and Dane Road (see
attached figure). As part of this project, Dane Road was removed between Mormon Trek Boulevard
and City Drive. The City of Iowa City is now applying to vacate the Dane Road right-of-way between
City Drive and Mormon Trek Boulevard to allow for future development of the area.
ANALYSIS:
Three general criteria are used to determine the advisability of vacating a street or alley right-of-way.
Vacating right-of-way is not advisable if it would interfere with pedestrian or vehicular circulation, the
ability to access private property, or inhibit the access of emergency or utility vehicles. The Dane
Road pavement between Mormon Trek Boulevard and City Drive has been removed. Therefore,
vacation of the right-of-way will not interfere with access or circulation. This property is part of the
J JR Davis Parts II and III subdivision.
The property does not contain City water, sewer or storm sewer systems and is not necessary for
municipal utilities. The property does appear to contain an underground gas line and telephone line
approximately 10 to 15 feet west of the former pavement location. According to a preliminary site
plan that has been submitted to the City for this property, these utilities will be relocated. An
easement should be retained for any utilities that remain in place at the time of vacation.
The City has annexed this property to the centerline of Dane Road. Therefore, the City is pursuing
only the west half of the right-of-way that is in the City corporate limits. Johnson County will be
pursuing the vacation of the eastern half of this right-of-way.
STAFF RECOMMENDATION:
Staff recommends that VAC05-00001 a request to vacate unimproved Dane Road right-of-way north
of Mormon Trek Boulevard subject to an easement being retained for any utilities in place at the time
of vacation.
Approved by: /
Robert Miklo, Senior Planner,
Department of Planning and Community Development
ATTACHMENT:
1. Location Map
2. Vacation exhibit
\\citynt\shared\PCD\dane road vacation.doc
E1/4 COR SEC 20-79-6 --~
NORTH LINE SE1/4 SEC 20-79-6 _ _ _~
/
S89°5
33.00'
e
DESCRIPTION: VACATION OF ROAD EASEMENT
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 20,TOWNSHIP 79 NORTH, RANGE
6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON
COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION
20; THENCE SOUTH 00°08'54'' WEST ON THE EAST LINE OF
THE SOUTHEAST 1/4 OF SAID SECTION 20 A DISTANCE OF
485.52 FEET TO A POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED; THENCE SOUTH 00°08'54'' WEST A
DISTANCE OF 585.36 FEET; THENCE NORTHWESTERLY ON A
1750.00 FOOT RADIUS CURVE CONCAVE NORTH~TERLY
4G A 36.98 FOOT LONG CHORD BEARING NORTH
"WEST A DISTANCE OF 36.98 FEET(ARC LENGTH);
~NCE NORTH 00°08'54" EAST A DISTANCE OF 568.68 FEET;
THENCE SOUTH 89°51'06" EAST A DISTANCE OF 33.00 FEET TO R = 1750.00' L= 36.98'
THE POINT OF BEGINNING. CH = N63°02'07"w 36.98'
BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHEAST 1/4
OF SAID SECTION 20 IS ASSUMED TO BEAR SOUTH 00008'54''
WEST FOR THE PURPOSE OF THIS DESCRIPTION.
IF,,e I rn'r rn'r
~": Road Vacation Exihibit
I B'011 I ENGINEERING DIVISION ~, .~ ~,i., ~.~' ,,/,~ Dane
Prepared by: Mitchel T. Behr, Asst. City Attomey, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC,"
CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED
RESTRICTIONS," SUBSECTION B, ENTITLED "EXCEPTIONS" TO MODIFY THE SPEED
LIMIT ON A PORTION OF HIGHWAY 1 IN THE VICINITY OF SUNSET STREET AND MILLER
AVENUE.
WHEREAS, the current speed limit on Highway 1 from the point 200 feet southwest of the intersection of
Sunset Street to a point 1,900 feet west of Miller Avenue is 50 miles per hour;
WHEREAS, City Staff has conducted an engineering and traffic investigation and recommends that 45
miles per hour is a more reasonable, appropriate and safe speed limit for said portion of Highway 1; and
WHEREAS, it is in the best interest of the City to amend the speed limit for said portion of Highway 1 to 45
miles per hour based on the engineering and traffic investigation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled
"Speed Restrictions," Subsection B, entitled "Exceptions," is hereby amended as follows:
a. The following portions of the table currently set forth in said subsection are hereby removed:
Name of Street Maximum Speed Limit (MPH) Where Limit Applies
Highway 1 50 From a point 300 feet southwest of the
intersection of Naples Road to a point
1,900 feet west of Miller Avenue
Name of Street Maximum Speed Limit (MPH) Where Limit Applies
Highway 1 45 From a point 1,900 feet west of the
intersection of Miller Avenue to a point
250 feet west of Miller Avenue
b. Said portions of the table are hereby replaced with the following:
Name of Street Maximum Speed Limit (MPH) Where Limit Applies
Highway 1 50 From a point 300 feet southwest of the
intersection of Naples Road to a point
200 feet southwest of Sunset Street
Name of Street Maximum Speed Limit (MPH) Where Limit Applies
Highway 1 45 From a point 200 feet southwest of
Sunset Street to a point 250 feet west of
Miller Avenue
Ordinance No.
Page 2
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of ,2005.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's bffice
Mitch/E/Hwy 1 Speed limit / oral.doc
Ordinance No.
Page __
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilbum
First Consideration 4/5/05
Vote for passage: AYES : Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell,
V~nderhoef. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Kevin O'Malley, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES,"
CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND
PENALTIES," SECTION 3,-4-5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO
INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES.
WHEREAS, pursuant to Chapter 384, Code of Iowa (2003), the City of Iowa City provides certain solid
waste collection and disposal services; and
WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste
collection and disposal services; and
WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees by
approximately 3% for billing on or after July 1, 2005, to adequately finance operational costs; and
WHEREAS, the City Code requires that notice and public hearing on proposed changes in rates for fees
and charges for City utilities be provided to the public, prior to enactment of said rates for fees and charges.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled
"Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste
Disposal," of the Iowa City Code is hereby amended by:
Changing the charge for residential solid waste collection from $12.10 to $12.50 per dwelling unit, and 2
rooming units, per month; and from $9.00 minimum to $9.40 minimum for solid waste.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of ,20
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's~Office
Ordinance No.
Page __
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
EIliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 3/22/05
Vote for passage:AYES: Bailey, Champion, Elliott, Lehman, 0'Donnell, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Second Consideration 4/5/06
Voteforpassage: AYES: Bailey, Champion, Elliott, Lehman, 0'Donnell, Vanderhoef,
Wilburn. NAYS:: None. ABSENT: None.
Date published