HomeMy WebLinkAbout2005-04-19 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), C1-1, INTENSIVE COMMERCIAL
(APPROXIMATELY 20.22 ACRES), C0-1, OFFICE COMMERCIAL (APPROXIMATELY 10.92 ACRES),
AND RR-1, 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 rezonin9 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
S00o16'15"W, 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"W; THENCE
S10°18'54"VV, 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,
113.62 FEET; THENCE S53°53'27"W, 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 S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE,
440.62 FEET; THENCE S05°01'05"E, ALONG SAID SOUTHWESTERLY LINE, 260.12 FEET; THENCE
S18°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'~/, 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"W, 331.93 FEET; THENCE
N00°16'55'¥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"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 SOUTHWEST QUARTER OF
SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE
S89°44'05'¥V, 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"W, ALONG SAID NORTHWESTERLY LINE, 91.91 FEET; THENCE
S41°15'16'¥V, 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 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 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"W; 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'~A/, 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'~N, 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
N00°16'15"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.
D. The following property is hereby reclassified from its current designation to RR-1, 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'~/, 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'~/; THENCE N08°52'23'~N,
60.00 FEET, TO A POINT ON THE NORTHERLY LINE OF SAID OLDE OAK LANE; THENCE S81°07'37'~/,
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
C ity/~'tt° r n e Y'S~ Off~.~ ///.~.
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 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, 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 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"W; 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"W, 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"W, 175.00 FEET; THENCE S00°16'55"E, 424.04 FEET; THENCE S89°43'05"W,
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°16'15"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
SOO°16'15"W, 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"W; THENCE
S10°18'54"W, 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"W, ALONG SAID NORTHWESTERLY LINE,
113.82 FEET; THENCE S53°53'27"W, ALONG SAID NORTHWESTERLY LINE, 321.32 FEET; THENCE
N89°43'45"W, 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
S18°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, 160.25
FEET; THENCE S23°39'28"W, 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"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 BEARS N03°08'26"E; THENCE S89°43'05"W, 331.93 FEET; THENCE
N00°16'55"W, 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"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 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°16'15"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
Conditional Zoning Agreement (REZ04-00030)
Page 3
S41o15'16"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.
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
S58°34'58"W, 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"W; 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 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/Hi,qhway 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
developer/subdivider shall install and fund:
All improvements on the north leg of the Highway 1/Naples Avenue intersection;
All turn lanes improvements for traffic turning north onto Naples Avenue from Highway 1;
All improvements made to align the south leg of Naples Avenue with the north leg; and
the intersection traffic signal.
The City of Iowa City shall reimburse to the developer/subdivider installing such
improvements:
20% of the cost of the intersection traffic signal improvements; and
100% of the cost for improvements made to the south leg of Naples Avenue.
Such reimbursement shall be promptly made 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
reimbursement. Said improvements are to be installed and accepted by the City of Iowa
Conditional Zoning Agreement (REZ04-00030)
Page 4
City and the Department of Transportation prior to the issuance of an occupancy permit
for any lot in the development. Turn lane improvements, if any, for traffic turning south
onto Naples Avenue from Highway One will be the City's sole obligation.
b. Naples Avenue Desiqn 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.
c. Kitty Lee Road Improvements: Prior to access being permitted to Kitty Lee Road from a
commercially zoned portion of the Owners' property, Kitty Lee Road will need to 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 of owners' commercial 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 within the Owners' real estate using Kitty Lee Road for access.
d. Kitty Lee Road Fundinq: When an access to Kitty Lee Road is proposed for any
commercial lot within the Owners' real estate with frontage on Kitty Lee Road, the
developer/subdivider shall, if not sooner reconstructed, improve 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, the City
shall promptly reimburse the developedsubdivider installing the improvements for 100%
of the cost of the paving for over-sizing the street from a local to a collector street and ii)
25% of the cost of installing the street (grading, paving, curbs, gutters and storm sewers)
to local street standards. The developer/subdivider shall submit to the City receipts for
the costs of these improvements, which the City shall use to determine the
reimbursement.
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, 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.
f. Fencinq: The design of any fencing that totals' more than 150 feet in length along the
west boundary of the C1-1 zoned area shall include design enhancing features at least
every 100' that provide dimensional and visual interest. Such design enhancing features
shall be subject to approval as part of the site plan approval process, which design
approval shall not be unreasonably withheld and shall not require additional
expenditures of more than $7500 for each 100 feet of fence (unless expense offsetting
adjustments in the January 27, 2005 landscaping plan are approved by the City). No
design enhancing features will be required that affect the functional utility of the fence
for the purposes for which it is erected including, but not limited to such functions as
Conditional Zoning Agreement (REZ04-00030)
Page 5
security, screening, storage and/ or display for merchandize outside of the principal
building.
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 Owners to construct a sidewalk along the
Highway 1 frontage, the Owners agree to deposit with the City before the first building
permit is issued the sum of $18,000. Said amount is intended as a contribution to the
cost of paving a sidewalk along the Highway 1 frontage of the Owners' property provided
the sidewalk is installed within seven years after the date of such deposit as part of a
walkway system on the north side of Highway 1 connecting such sidewalk that may be
installed on the Owners' property in either an easterly or westerly direction with a
Highway 1 walkway system. The City shall bear any cost for such a sidewalk, if installed,
in excess of the $18,000 contribution. In the event that the City's construction of such a
sidewalk has not commenced within seven years after the date of the deposit of the
funds with the City, then the escrowed funds shall be promptly returned to the Owner
without interest. The City may return the funds sooner if it determines that no such
sidewalk is to be installed. The City's failure to install such a sidewalk within said seven
year period shall not preclude the City from later installing a sidewalk and financing such
project by special assessment and/or other manner permitted by law.
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 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 ***
Conditional Zoning 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.
Eric Smith Marian K. Karr, City Clerk
Robert A. Davis J...~-~ ,
Barbara Davis
04/14/2005 18:05 FAX 319 384 6~62 PHELAN LAW ~007
ConditionalZoningAgreement(REZ04"00030)
Page 6
Dated this day of ,2005.
OWNERS ' CITY OF IOWA CITY, IOWA
135'.
J e ' . Ernest W. Lehman, Mayor
By_
Marian K. Kart, City Cterk
Robert A. Davis
Barbara Davis
Approved by:
City Attorney's Office
04/14/2005 15:06 FAX 319 354 6962 PHELAN LAW
Conditional Zoning Agreement (REZ04-00030)
Page 7
OWNERS' ACKNOWLEDGEMENTS
Stateof ~o\o(~o ,Counryof I~oo\~{e ss:
On this 18~' day of ..1~¢',~ , 2005, before me, a notary public for said state, personally
appeare~l Jan Ellen Smith and Eric Smith, wife ~md husband, 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.
Nora ublic for the State of Iowa
State of Iowa, County of Jolmson, ss:
On this~ day of , 2005, before me, a notary public for said state, personally
appeared Robert A. Davis and Patti Davis~ husband and w/re, 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 Iowa
State of , County of ., ss:
On this__ day of , 2005, before me, a notary public for said state, personally
appeared James IL Davis and Barbara Davis, husband and wife, to me known to be the person named in
and who executed the foregoing /nstrument, and acknowledged that they executed the same as their
voluntary act and deed.
Notary Public for the State of Iowa
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 their voluntary
act and deed.
Notary Public for the State of Iowa
State of Iowa, County of Johnson, ss:
On this /~ day 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.
['~1 ~,~/ .,,i Nota~ Public for the State of Iowa
State of /~ ~ , CounW of ~2~ , ss:
On this /~ day of ~[~/ , 2005, before me, a noa~ public for said state, personally
appeared .lames R. Davis an8 Barbara Davis, husband and wife, to me ~o~ to be the person named in
and who executed the foregoing ins~ument, and ao~owledged that they executed the same as their
volunta~ act and deed.
- [.~]~f8~ A C~lS~,Si,[ Notaw Public for the State of Iowa
Conditional Zoning Agreement (REZ04-00030)
Page 8
CITY OF IOWA CITY ACKNOWLEDGEMENT:
State of Iowa, County of Johnson, ss:
On this day of , 2005, before me, the undersigned, a notary public for the state of Iowa,
personaily appeared Ernest W. Lehman and Marian K. Kan:, to me personally known, who, being by me
duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa,
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 execution of
said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily
executed.
Notary Public for the State of Iowa
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
Wilburn
First Consideration 4/].9/05
Vote for passage: AYES: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef.
NAYS: None. ABSENT: Wilburn.
Second Consideration
Vote for passage:
Date published
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, O~vners are owners and legal title holders of apl: y 50.03 acres of property
located north of Highway 1, west of Highway 218, and east Lee Road; and
WHEREAS, the Owners have requested voluntary ant of the property to the City of Iowa
City, and have requested commercial zoning fa a majority of the property to enable a
commercial subdivision and development; and
WHEREAS, the Planning and Zoning Comm has recommended approval of commercial
zoning for a majority of the property subject ~ns related to infrastructure needs, funding
for infrastructure, landscaping and ~ccess control, and the provision of sanitary sewer;
and
WHEREAS, Iowa Code Section 414.~ provides that the City of Iowa City may impose
reasonable conditions on granting ~] request, over and above existing regulations, in
order to satisfy public needs the requested change in zoning; and
WHEREAS, the Owners e that certain conditions and restrictions are reasonable to
ensure adequate infrastructur is in place for urban commercial development, future
infrastructure needs are 3tely funded to minimize costs to the public, fencing and
landscaping are adequate to ~inimize visual impacts on adjacent residential properties, and
sanitary sewer infrastructure ned to be upgraded to serve the larger watershed; and
WHEREAS, Owners use this property in accordance with the terms and conditions of a
Conditional Zoning Agree
NOW, THEREFORE, consideration of the mutual promis~,s 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 leg, a~y described as follows: iSO~N
CO-1 ZONE /
/
BEGINNING AT THE.~OUTHEAST CORNER OF LOT 11, OF R.H. DAVIS SUBDIV IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF 'I~HE 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 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"W; 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'~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
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 SE/~ION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNT/Y, IOWA; THENCE N89°55'12"E, ALONG THE NORTH
LINE OF THE SOUTHWEST QUARTER OF SAID SF~TION 20, A DISTANCE OF 1325.59 FEET; THENCE
S00°16'15"W, ALONG THE WEST LiNE OF THE EA )NE-HALF OF SAID SOUTHWEST QUARTER, 442.44
FEET, TO THE POINT OF BEGINNING; THENCE N~ FEET; THENCE S00°16'55"E, 58.06 FEET;
THENCE N89°43'05"E, 331.93 FEET; THENCE 154.02 FEET, AND A 615.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WH( 153.62 FOOT CHORD BEARS S03°08'26"W; THENCE
S10°18'54"W, 412.57; THENCE SOUTHEASTE 104.12 FEET, ALONG A 150.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, WHOSE 102 FOOT CHORD BEARS S09°34'17"E, TO A POINT ON THE
NORTHWESTERLY LINE OF HIGHWAY NO THENCE S23°39'28"W, ALONG SAID NORTHWESTERLY LINE,
113.82 FEET; THENCE S53°53'27"W, ~NG SAID NORTHWESTERLY LINE, 321.32 FEET; THENCE
N89°43'45'~/, 605.50 FEET, TO A ON THE WEST LINE OF THE SAID EAST ONE-HALF OF THE
SOUTHWEST QUARTER OF SECTION THENCE N00°16'15"E, ALONG SAID WEST LINE, 1003.96 FEET, TO
SAID POINT OF BEGiNNiNG. SAID OF LAND CONTAINS 20.22 ACRES, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF ~ECOR~.
CC-2 ZONE
COMMENCING AT THE CORNER LH. DAVIS SUBDIVISION, IN ACCORDANCE WITH THE
PLAT THEREOF RECORDED Ih 7, AT 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCf ;35°26'49"E, IE SOUTHWESTERLY LINE OF HIGHWAY NO. 218, A
DISTANCE OF 162.11 FEET; S31°25'02"E, IG SAID SOUTHWESTERLY LINE, 951.85 FEET, TO
THE POINT OF BEGINNING CONTINUING °25'02"E, ALONG SAID SOUTHWESTERLY LINE,
440.62 FEET; THENCE SO ALONG SAID ITHWESTERLY LINE, 260.12 FEET; THENCE
S18o17'39"E, ALONG SAID ,UTI LINE, EET, TO A POINT ON THE EAST LINE OF THE
EAST ONE-HALF OF THE ~UTI QUARTER OF N 20, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH I: ; THENCE ~ ~NG SAID EAST LINE, 5.60 FEET, TO ITS
INTERSECTION WITH THI NORTHWESTERLY LINE OF NO. 1; THENCE S41°25'36"W, ALONG SAID
NORTHWESTERLY LINE,/349.83 FEET; THENCE S65°53'59"E, )NG SAID NORTHWESTERLY LINE, 160.25
FEET; THENCE S23739'28"W, ALONG SAID NORTHWES ~,LY LINE, 102.16 FEET; THENCE
NORTHWESTERLY, 10,~.12 FEET, ALONG A 150.00 FOOT CURVE, CONCAVE NORTHEASTERLY,
WHOSE 102.05 FooT CHORD BEARS N09°34'17'~N; N10°18'54"E, 412.57 FEET; THENCE
NORTHEASTERLY, 15~.02 FEET, ALONG A 615.00 FOOT RADIUS URVE, CONCAVE NORTHWESTERLY,
WHOSE 153.62 FOOT CHORD BEARS N03°08'26"E; THENCE 9o43'05"W, 331.93 FEET; THENCE
N00°16'55'¥V, 482.10 FEET; THENCE N62°56'13"E, 175.00 FEET; :E NORTHWESTERLY, 203.93 FEET,
ALONG A 1765.00 FOOT RADIUS CURVE, CONCAVE SOU _Y, WHOSE 203.82 FOOT CHORD
BEARS N30°22'24'¥V; THENCE N58°34'58"E, 265.34 FEET, TO SAID ~F 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'~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"W, ALONG SAID NORTHWESTERLY LINE, 91.91 FEET; THENCE
Conditional Zoning Agreement (REZ04o00030)
Page 3
S41°'I5'16'~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 SOUTHE(AST CORNER OF LOT 2, OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH
THE PLAT ,T, HEREOF RECOR~OED I~NoBOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER S OFFICE; THENC~ S88 58'43"E, 143.89 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF
HIGHWAY NO. 218; THENCE ~,31°25'02"E, ALONG SAID SOUTHWESTERLY LINE, 520.41 FEET; THENCE
S58°34'58"W, 83.82 FEET, T~O~,~\ POINT ON THE SOUTHERLY LINE OF OLDE OAK LANE; THENCE
NORTHWESTERLY, ALONG SAID,~SOUTHERLY L NE, 64.07 FEET, AND A 54.67 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE 60.47 FOOT CHORD BEARS N64°59'26"W; THENCE N08°52'23"W,
60.00 FEET, TO A POINT ON THE I~RTHERLY L~NE OF SAID OLDE OAK LANE; THENCE S81°07'37'~N,
ALONG SAID NORTHERLY LINE OF OLDIE OAK LAI~E, 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 ~ND' RESTRICTIONS OF RECORD.
2. The Parties acknowledge that Io¢~'.,Code Section 414.5 (2005) provides that the City of
Iowa City may impose reasonab/Ce conditions on granting an applicant's rezoning request,
over and above the existing reCJlation'S, in order to satisfy public needs directly caused by
the requested change, incluCng proVisions for infrastructure, funding of infrastructure,
landscaping and fencing, acce'ss control, ~nd the provision of sanitary sewer.
/
3. In consideration of the City',~ rezoning the SUbject property, Owners agree that development
of the subject property will//conform to all otttCr requirements of the Zoning Chapter, as well
as the following conditio~¢: ~
a. Naples Avenue/Hi.~way 1: Turning lanes~and a traffic signal at the intersection of
Highway 1 and I~ples Avenue will be constructed, as recommended in the Traffic
Impact Study dat,~d February 2005 submitte'~ for this property, prior to an occupancy
permit being issued for any. let on the prope~tf. 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. Th/~ developer/subdivider shall fund 00% of the improvements on the north
leg of the HigJ~way 1/Naples Avenue inte The City of Iowa City shall reimburse
to the devel,~per/subdivider 10% of the cost of her turning lane improvements, the
traffic sign,'~l improvement, and other improvements at the Naples
Avenue/Highway 1 intersection, upon com n of these improvements and
acceptance by the City. The developer/subdivider submit to the City receipts for the
costs of these improvements, which the use to determine the 10%
reimbursement. Said improvements are to be prior to the issuance of an
occupancy permit for any lot in the development.
b. Naples Avenue Design and Access: Naples Avenue )rth of Highway 1 will be
constructed to collector street standards, with a shared point for Lots 13 and 14,
as numbered on the MWD Davis Addition Concept 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 fo! access. These improvements and any
other improvements recommended by the traffic study must be completed prior to an
occupancy ~ermit being issued for any comm/brcial property using Kitty Lee Road for
access.\ /
d. Kitty Lee Road l~unding: The developer/subC'ivider shall pay funds equal to one-half the
estimated cost o~ reconstructing Kitty Lee)~oad to City local street standards along the
frontage of the p~t~perty zoned C1-1 and/CO-I, depicted as Outlot A and Lot 2 on the
concept plan dated'"February 17, 2005. '~./nese, 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 Cit)f 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 fCr the CC-2 zoned lot with frontage on Kitty Lee Road,
depicted as Lot 1 on the MWD~avis concept plan dated February 17, 2005, Kitty Lee
Road shall be reconstructed tg~ City collector street standards between Highway 1 and
the northernmost commercial ~riveway. 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 MV~/D 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 sizeS, 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 ';nd 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 Partie'""s,,further acknowledge?that this Agreement shall inure to the benefit of and
bind all successor:epresentatives aid assigns of the Parties.
7. Owners acknowledge~hat nothing in'this Conditional Zoning Agreement shall be construed
to relieve the Owners ~r future owr~'ers from complying with all applicable local, state, and
federal regulations. ',. /
/ ' b
8. The Parties agree that t~is ~'onditional Zoning Agreement shall be ~ncorpora. ted y
reference into the Ordinance r/~zoning the subject property; and that upon adopt~o...n an, d
publicatio,n of the Ordinancei'/th!s Agreement shall be recorded in the Johnson uoumy
Recorder s Office at the applicant s expense.
/
Dated this dayof // ,2005.
OWNERS / 'CITY OF IOWA CITY
By / By
James R. Davis / Ernest Lehman, Mayor
Attest
Marian Karr, Cit/Clerk
C~ Attorney s O-ffic(
Conditional Zoning Agreement (REZ04-00030)
Page 6
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
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 m~icipal 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 beh~f 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 volunta~j act and deed of said corporation, by it and by
them voluntarily executed. ./
//~¢lotary Public in and for the State of Iowa
/My commission expires:
/
/
JOHNSON COUNTY ) ;
On this day of ,''~20..~.___, before me, the undersigned, a
Notary Public in and for said County, in said State, personall~appeared
, tb me known to be the identical per,~on(s) name--~n-~-~'d~e~
the within and foregoing inStrument, and acknowledged that (hR/she/they) executed the same as
(his/her/their) voluntary ac! and deed.
Notary Public in and for the State of Iowa
My commission expires:
ppdadm/agt/CZA- REZ04-00030 doc
Prepared by Marian K. Karr, City Clerk, 410 East Washington St., Iowa City, IA 52240 (319)356-5041
ORDINANCE NO. 05- 4156
AN ORDINANCE AMENDING CITY CODE TITLE 4, CHAPTER 3, ENTITLED "OUTDOOR SERVICE
AREAS; SEASONAL, FIVE DAY OR FOURTEEN DAY LICENSES AND PERMITS," SECTION 1,
ENTITLED "OUTDOOR SERVICE AREAS," ARTICLE C, ENTITLED "REGULATION OF OUTDOOR
SERVICE AREAS," SUBSECTION 1, ENTITLED "LOCATION RESTRICTIONS", SUBSECTION 2,
"SCREENING FROM PUBLIC VIEW", SUBSECTION 3, "ENTRANCES AND EXITS"; SUBSECTION D,
"EXEMPTIONS FROM REGULATIONS"; AND SECTION 4, ENTITLED "REGULATIONS AND
REQUIREMENTS FOR TEMPORARY OUTDOOR SERVICE AREAS AND SEASONAL, FIVE DAY
AND FOURTEEN DAY PERMITS AND LICENSES," SECTION A, ENTITLED "LOCATION",
SUBSECTION 2.
WHEREAS, current City Code sets forth requirements for selling alcoholic beverages on
private property for licensed establishments; and
WHEREAS, the current requirements make distinctions for establishments in the CB-10 zone; and
WHEREAS, no evidence exists that would require the distinctions for the CB-10 zone and other
private property establishments; and
WHEREAS, having the same requirements for all outdoor service areas would eliminate confusion
and aid enforcement and inspections.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. Section 4-3-1, Subsection C, entitled "Regulation of Outdoor Service Areas," Subsection 1,
entitled "Location Restrictions" is hereby amended by repealing C1 (b) in its entirety and adding the following
new Cl(b):
An outdoor service area shall not be located on any side of a licensed establishment which fronts
on a street unless the outdoor service area is being operated in conjunction with a "restaurant" as defined
in section 4-1-1 of this title.
SECTION II. Section 4-3-1, Subsection C, entitled "Regulation of Outdoor Service Areas," Subsection
2, entitled "Screening From Public View" is hereby amended by repealing in its entirety and adding the
following:
Outdoor Service Areas are required to provide a permanent decorative fence or other suitable
barrier at least three feet (3') in height but no more than eight feet (8') in height which is detectable by
persons who are visually impaired. Emergency exits shall comply with all building, housing and fire codes.
SECTION III. Section 4-3-1, Subsection C, entitled "Regulation of Outdoor Service Areas,"
Subsection 3, entitled "Entrances and Exits" is hereby amended by repealing it in its entirety and adding
the following:
Emergency exits shall comply with all building, housing and fire codes.
SECTION IV. Section 4-3-1, Subsection D, entitled "Exemptions From Regulations," is hereby
amended by repealing it in its entirety and the subsection be reserved for further use.
SECTION V. Section 4-3-4, Subsection A, entitled "Location," Subsection 2, is hereby amended by
repealing it in its entirety and adding the following:
A temporary outdoor service area operated in conjunction with a licensed establishment shall not
be located on any side of the licensed establishment which fronts on a street unless the outdoor service
area is being operated in conjunction with a "restaurant" as defined in section 4-1-1 of this title.
SECTION VI REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VII. 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.
Ordinance No. 05-4156
Page 2
SECTION VIII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 1C~th day of April, 2005.
MAYOR -- .
ATTEST: /~~ z2~- ,,~'~ CITY CLERK
/~,,~oved by ~
City Attorney's Office
clerldord/outdoor.doc
Ordinance No. 05-4156
Page 3
It was moved by Vanderhoef and seconded by Bai 1 ey 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 4/18/05
Vote for passage: AYES : Lehman, 0'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Elliott. NAYS: None. ABSENT: None.
Second Consideration ................
Vote for passage:
Date published 4/27/05
Moved by Vanderhoef, seconded by Bailey, that the rule requiring ordinances to be considered ant
voted on for passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be waived and the ordinance be voted
upon for final passage at this time. AYES: Vanderhoef, Bailey, Champion, Elliott, Lehman,
0'Donnello NAYS: None. ABSENT: Wilburn
Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington Street, iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 05-4157
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 I 45 From a point 200 feet southwest of
Sunset Street to a point 250 feet west of
Miller Avenue
Ordinance No. 05-4~57
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.
~, 2005.
MAYOR
ATTEST: ~~ ,~. ~'~
CITY'CLERK
Approved by
citY Att(~rr~y's bffice
Mitch/E/Hwy 1 Speed limit / ord.doc
Ordinance No. 05-4157
Page 2
It was moved by Vanderhoef and seconded by 0' Donnel l 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 4/5/05
Voteforpassage:AYES: Wilburn, Bailey, Champion, E]liott, Lehman, 0'Donnell,
Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration .....................
Vote for passage:
Date published 4/27/05
Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance be
voted upon for final passage at this time. AYES: Bailey, Champion, Elliott, Lehman, O'Donnell,
Vanderhoef. NAYS: None. ABSENT: Wilburn.
Prepared by: Kevin O'Malley, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053
ORDINANCE NO. 05-4158
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 I1. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION II1. 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, prevision 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 19th day of Apr'i '1 ,20 05
MAYOR
ATTEST:
CITY CL'~RK
City Attorney's~'Office
finadm/ord/feeincrease*swOS.doc
Ordinance No. 05-4158
Page 2
It was moved by Baile~v and seconded by Vanderhoef 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 3/?2/05
Voteforpassage:AYES: Bai]e~v, Champion, E1]iott, Lehman, O'Donne]], Vanden'hoer,
~li]buY'n. NAYS: None. ABSENT: None.
Second Consideration 4/5/06
Voteforpassage: AYES: Bai]e~v, Champion, E]]iott, Lehman, O'Donne]], Vanderhoef,
~HlbuY'n. NAYS: None. ABSENT: None.
Date published 4177/05