HomeMy WebLinkAbout2005-05-03 Ordinance Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ05-00002)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 29.26 ACRES FROM INTERIM
DEVELOPMENT RESIDENTIAL ZONE (ID-RS) TO PART LOW DENSITY SINGLE-FAMILY
RESIDENTIAL ZONE {RS-5 - 10.92 ACRES) AND PART MEDIUM DENSITY SINGLE FAMILY
RESIDENTIAL ZONE (RS-8 - 18.34 ACRES), SUBJECT TO CONDITIONS, FOR PROPERTY
LOCATED ON SOUTH SYCAMORE STREET NORTH OF SOUTHPOINT SUBDIVISION
WHEREAS, Steve Kohli has applied for a rezoning of approximately 29.26 acres of property from ID-RS
to par[ RS-5 (10.92 acres) and part RS-8 (18.34 acres); and
WHEREAS, said property is located on the west side of South Sycamore Street, south of Hollywood
Manor, and north the Southpoint subdivision; and
WHEREAS, the South District Plan identifies the area as appropriate for Iow to medium density single
family, residential development; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has heard
public input, and has recommended approval subject to conditions; and
WHEREAS, the conditions recommended by the Commission are related to funding future Sycamore
Street improvements, access, and subdivision design considerations, in order to ensure the neighborhood
design principles in the South District Plan are addressed.
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 from Interim
Development Residential Zone (ID-RS) to part Low Density Single-Family Residential zone (RS-5 - 10.92
acres) and Medium Density Single-Family Residential zone (RS-8 - 18.34 acres):
RS-5 -
THAT PART OF THE MIDDLE THIRTY (30) ACRES OF THE FOLLOWING DESCRIBED
PROPERTY: THE EAST ~ OF THE SOUTHWEST ¼ AND THE EAST FIVE (5) ACRES OF THE
WEST ~ OF THE SOUTHWEST ¼ OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF
THE 5TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW ¼) OF
SAID SECTION; THENCE N 01010'23'' W, 931.32 FEET ALONG THE EAST LINE OF SAID SW 1/4;
THENCE S 87042'07" W 28.25 FEET TO THE WEST RIGHT-OF-WAY LINE OF SYCAMORE
STREET; THENCE N l°13'58" W 606.30 FEET ALONG SAID WEST RIGHT-OF-WAY TO THE
POINT OF BEGINNING; THENCE S 87°42'07" W 936.44 FEET; THENCE S l°03'50'' E 11.01 FEET;
THENCE S 88°56'10'' W 88.53 FEET; THENCE WESTERLY 86.93 FEET ALONG A 300 FOOT
RADIUS CURVE, CONCAVE SOUTHERLY (SAID CURVE HAVING A CHORD OF 86.63 FEET AND
BEARING S 80o38'04'' W); THENCE S 72o19'59" W 120.01 FEET; THENCE WESTERLY 46.30
FEET ALONG A 150 FOOT RADIUS CURVE, CONCAVE NORTHERLY (SAID CURVE HAVING A
CHORD OF 46.12 FEET AND BEARING S 81°10'32" W); THENCE N 89o58'56" W 96.48 FEET TO
THE WEST LINE OF THE EAST FIVE ACRES OF THE WEST ~ OF SAID SW ¼; THENCE N
l°03'57" W 378.13 FEET TO THE SOUTH LINE OF AUDITOR'S PARCEL "A" (BOOK 34 PAGE
243); THENCE N 87042'03'' E, 1367.01 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A"
AND THE SOUTH LINE OF HOLLYWOOD MANOR PARTS 6, 7, AND 8 TO THE WEST RIGHT-OF-
WAY LINE OF SOUTH SYCAMORE STREET; THENCE S 01013'58'' E, 325.22 FEET ALONG THE
WEST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING, CONTAINING 10.526 ACRES, AND
IS SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
And
Ordinance No.
Page 2
RS-8 -
THAT PART OF THE MIDDLE THIRTY (30) ACRES OF THE FOLLOWING DESCRIBED
PROPERTY: THE EAST ~ OF THE SOUTHWEST ¼ AND THE EAST FIVE (5) ACRES OF THE
WEST % OF THE SOUTHWEST ¼ OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF
THE 5TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW ¼) OF
SAID SECTION; THENCE N 01010'23'. W, 931.32 FEET ALONG THE EAST LINE OF SAID SW 1/4;
THENCE S 87042'07.' W 28.25 FEET TO THE WEST RIGHT-OF-WAY LINE OF SYCAMORE
STREET AND THE POINT OF BEGINNING; THENCE CONTINUING S 87042'07.' W, 1369.72 FEET
TO THE WEST LINE OF THE EAST 5 ACRES OF THE WEST % OF SAID SW ¼; THENCE N
1°03'57'' W 553.41 FEET; THENCE S 89058'56" E 96.48 FEET; THENCE EASTERLY 46.30 FEET
ALONG A 150 FOOT RADIUS CURVE, CONCAVE NORTHERLY (SAID CURVE HAVING A CHORD
OF 46.12 FEET AND BEARING N 81010'32'' E); THENCE N 72o19'59'' E 120.01 FEET; THENCE
EASTERLY 86.93 FEET ALONG A 300 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (SAID
CURVE HAVING A CHORD OF 86.63 FEET AND BEARING N 80o38'04" E); THENCE N 88°56'10'' E
88.53 FEET; THENCE N l°03'50" W 11.01 FEET; THENCE N 87042'07'' E 936.44 FEET TO THE
WEST RIGHT-OF-WAY LINE OF SOUTH SYCAMORE STREET, THENCE S 1°13'58" E 606.30
FEET ALONG SAID WEST RIGHT-OF-WAY TO THE POINT OF BEGINNING CONTAINING 18.731
ACRES, AND IS SUBJECT TO ALL 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 the final passage, approval
and publication of this ordinance by law.
SECTION II1. 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 property owners, the applicant, and the City of Iowa City.
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 pad 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.
Passed and approved this __ day of ,20__
MAYOR
ATTEST:
CITY CLERK
Cfty At~r~'e'y~ Office"
ppdadm/ord/REZ04-00002.doc
Prepared by: Sunil Terdalkar, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 (REZ05-00002)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Steve Kohli (hereinafter "Applicant"), and Iowa State Bank and Trust
Co. (hereinafter "Owner"); and
WHEREAS, Owner is the legal titleholder of approximately 29.26 acres of property located on
the west side of Sycamore Street, east of Wetherby Park, north of SouthPointe subdivision; and
WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property
from Interim Development Residential zone (IDRS) to part Low-Density Single-Family
Residential zone (RS-5 - 10.92 acres) and part Medium-Density Single-Family zone (RS-8 -
18.34 acres); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding access, funding of future Sycamore Street improvements, and subdivision
design provisions, the timing of the rezoning is appropriate and the Iow to medium density
single-family residential zoning is in conformance with the South District Plan; and
WHEREAS, Iowa Code {}414.5 (2003) 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 requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property contributes to the future reconstruction of
South Sycamore Street, and generally conforms to the neighborhood design principles of the
South District Plan and Comprehensive Plan; and
WHEREAS, Owner and Applicant 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. Iowa State Bank and Trust is the legal title holder and Steve Kohli is the Applicant for a
rezoning of the property legally described as follows:
THE MIDDLE THIRTY (30) ACRES OF THE FOLLOWING DESCRIBED PROPERTY:
THE EAST % OF THE SOUTHWEST % AND THE EAST FIVE (5) ACRES OF THE
WEST % OF THE SOUTHWEST % OF SECTION 23, TOWNSHIP 79 NORTH, RANGE
6 WEST OF THE 5TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER
(SW %) OF SAID SECTION; THENCE N 01o10'23'' W, 931.32 FEET ALONG THE EAST
LINE OF SAID SW 1/4; THENCE S 87°42'07" W 28.25 FEET TO THE WEST RIGHT-
OF-WAY LINE OF SYCAMORE STREET AND THE POINT OF BEGINNING; THENCE
CONTINUING S 87o42'07'' W, 1369.72 FEET TO THE WEST LINE OF THE EAST 5
ACRES OF THE WEST % OF SAID SW %; THENCE N 01°03'57" W 931.55 FEET
ALONG SAID WEST LINE TO THE SOUTH LINE OF AUDITOR'S PARCEL "A" (BOOK
ppdadm/agtJcza-brookwood pointel
34 PAGE 243); THENCE N 87°42'03'' E, 1367.01 FEET ALONG THE SOUTH LINE OF
SAID PARCEL "A" AND THE SOUTH LINE OF HOLLYVVOOD MANOR PARTS 6, 7,
AND 8 TO THE WEST RIGHT-OF-WAY LINE OF SOUTH SYCAMORE STREET;
THENCE S 01013'58'' E, 931.52 FEET ALONG THE WEST RIGHT-OF-WAY LINE TO
THE POINT OF BEGINNING, CONTAINING 29.257 ACRES MORE OR LESS, AND IS
SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential
development that conforms to the principles of the Comprehensive Plan and South
District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2003) 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 caused by the requested change, including provisions for funding of the adjacent
arterial street, access to the property, and subdivision design principles. Therefore
Owner and Applicant agree to certain conditions over 'and above City regulations as
detailed below.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning chapter, as well as the following conditions:
a. The subdivider is required to contribute toward the cost of South Sycamore Street
improvement, at a rate of $2507.08 per acre of property, at the time of final plat
approval. Said funds will be deposited with the City of Iowa City prior to the first
occupancy permit being issued for any lot in any final plat on this property.
b. To ensure that utilities are provided for the development, construction of a
stormwater management system on Outlot 'A' in phase one shall be completed.
c. An easement to facilitate construction of sewer line from SouthPointe subdivision to
Sandhill Estates shall be created.
d. To fulfill neighborhood design principles in the South District Plan and
Comprehensive Plan, the following conditions shall apply to the subdivision design
for the property, a landscape buffer shall be created along Sycamore Street. The City
will landscape the buffer at the time of Sycamore Street upgrade and a payment
shall be made for this landscaping by the applicant at the time final plat approval.
The legal paper for the final plat shall specify that fencing, if any, shall be constructed
at least 25 feet to the west of sycamore street right of way to provide sufficient room
for the landscape buffer, to ensure better streetscape view.
4. The Owner, Applicant, and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code §414.5 (2003), and that
said conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner, Applicant, 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
ppd a d m/agb'cza-brookwood pointel 2
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa 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. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other 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 April, 200~.
CITY OF IOWA CITY Iowa State Bank and TRUST Co.
Ernest Lehman, Mayor
Marian K. Karr, City Clerk ~-~ ~ ~') --- '
Approved by:
City Attorney% Office-
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
ppdadm/agt/cza-brookwood pointel 3
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:
IOWA STATE BANK AND TRUST CO. ACKNOWLEDGEMENT:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this da , of
/?
/~.,~,1~ , A.D. 20 O~ , before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared
to me personally known, .~,ho._ being by me duly sworn, did say that 5the~j~ a~ the
¢~,-~,~£ i,'i'~ ~fe~7~.~/~[',g~sai~'d corporat on executing the within and foregoing instrument to
which this is attached, that said instrument was signed and sealed on behalf of the seal affixed
her~eto is the seal of said corporation by authority of its Board of Directors; and that the said
~.s,~ ~ ~ ~ , ~_~ c_~_as such officem acknowledged tl~e~xecution of said instrument to be
the voluntary act and deed of said corporation, by it and by-~Cn voluntarily executed.
Commission'Number 16~041 ~
STEVE KOHLI ACKNOWLEDGEMENT:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
ppdadm/agt/cza-brookwood pointe 1 4
On this ~ day of ,/1"1¢~. , A.D. 20~j~ , before me, the undersigned,
a Notary Public in and for the S{~te of Iowa, personally appeared ~ ~r~ .~r;/i..l, .
to m~ pe,rsonally known,, who, being by me duly sworn, did say that ~e~
~.~ of said ~rporation executing the within and foregoing instrument to
which this is affached, that no seal has been procured by the said ~rporation; that said
inst~ment was signed o~ behalf of said ~rporation by authority of its Board of Directors; and that
the said ~'~ ~j~J; as such officer~ a~nowledged the exeqution of said
instrument to ~e the v°lunta~ act and deed of said ~rporation, by it and by ~ voluntarily
executed.
No{a~ P~blic in a~d fo~id ~un~ and State
ppdadnYagt/cza-brookwood pointe 1 5
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 5/3/05
Vote for passage: AYES: Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell,
Vanderhoef. NAYS: None. ABSENT: None.
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)
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 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'~N, 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'~/; THENCE
S10°18'54'~A/, 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'~A/, ALONG SAID NORTHWESTERLY LINE,
113.82 FEET; THENCE S53°53'27'¥V, ALONG SAID NORTHWESTERLY LINE, 321.32 FEET; THENCE
N89°43'45'~A/, 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 S05o01'05"E, ALONG SAID SOUTHWESTERLY LINE, 260.12 FEET; THENCE
SlSO17'39"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'~N, 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'I7"W; THENCE N10olS'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 N03o08'26"E; THENCE S89°43'05'~/, 331.93 FEET; THENCE
N00o16'55"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'~N; 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'~N, ALONG SAID NORTHWESTERLY LINE, 91.91 FEET; THENCE
S41°15'16'~N, ALONG SAID NORTHWESTERLY LINE, 345.72 FEET; THENCE S62°03'39'~/V, 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 S66o14'16"E, ALONG THE SOUTHERLY LINE OF SAID LOT 18, A
DISTANCE OF 224.57 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N23o42'17"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 N03o51'23'~N; 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'~N, 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
S30°22'24"E; THENCE S62°56'13"W, 175.00 FEET; THENCE S00°16'55"E, 424.04 FEET; THENCE S89°43'05'~/V,
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'¥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'~N; THENCE N08°52'23'~N,
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
ATTI:§T~
CITY CLERK
p a d ~p~..,~[/J~,~'ZO 4- 0 0 0 3 0. d cc [.~./
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:
c0-1 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, LOT9 AND
LOT 8 OF SAID R.H. DAVIS SUBDIVISION, 396.57 FEET, TO THE SOUTHVVEST 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
NOOO16'15"E, ALONG SAID WEST LINE, t20.01 FEET; THENCE N8§°43'05"1~, 250.13 FEET; THENCE
N00o39'57"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'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 N89o43'05"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
S10o18'54"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 N00o16'15"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 S31o25'02"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
N00o16'55"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
S89o44'05"W, ALONG THE SOUTH LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST QUARTER, 1327.61
FEET; THENCE N00°16'I5"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 S89o43'45"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"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 888°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
858o34'58'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/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
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 Desi.qn 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 northern
edge of the Intensive Commemial 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 developer/subdivider 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. Landscapin.q: 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. Fencin.q: 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. Kart, City Clerk
Robert A. Davis ~--~ ~
,,~imesAR. Davis ,
Barbara Davis
04/14/2005 15:05 FA~..319 354 6~62 PItELAN LAW ~007
Conditional Zoning Agreement (REZ04-00030)
Page 6
Dated mis day of ,2005.
OWI~RS _ ...! CITY OF IOWA crfY, IOWA
-- Ernest W- Lehma~ Mayor
By Ma~ K. ~, Ci~ Cl~k
Robert A. Davis
,~Tn~s P~ Davis
BarbaraDa~s
Approved by:
City Attorney's Office
04/14/2005 15:06 FAX 319 354 6962 PHELAN LAW ~008
Condi~onal Zoning Agreement (RF_Z04-00030)
Page 7
OWNERS' ACKNOWLEDGEMENTS
Statcof (..o\.,,~o ,Countyof {~oo\~r ss:
On this 181' day of ..A.o¥,~ . 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 persona named in and
who executed the foregoing instnanent, and acknowledged that they executed the same as their voluntary
act and deed.
Notary~Publie for the State of Iowa
State of Iowa, County of Johnson, ss:
On this day of , 2005, before mc, a notary public for'said state, personally
appeared Robert A. Davis and Patti Davis, husband and wife, to mc known to be the pexsons named in
and who executed the foregoing instrumelllg and acknowledged that they executed the same as their
volunlary 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
appeaxed James IL Davis and Barbara Davis, husband and wife, to me known to be the person named in
and who executed the foregoing instrument, mad acknowledged that they executed the same as their
voluntary act and deed.
Notary Public for thc 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 P&tti 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.
' ~dlk~:l ~m~o~Numberl~L.~Z I for the State of Iowa
~1 ~t~ ~ Notary Public
State of [q4~ , County of /4"~.&L~ ,ss:
On this /z/nM day of {~[ddx~/ , 2005, before me, a notary public
for
said
state,
personally
appeared James 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.
. ~a'~{I~THEP, INE A CHIllSTENSEN[ Notary 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,
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 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 °flowa
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 4/19/05
Voteforpassage: AYES: Bailey, Champion, Elliott, Lehman, OIDonnell, Vanderhoef.
NAYS: None. ABSENT: Wilburn.
Second Consideration 5/3/05
Voteforpassage: AYES: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef,
Wilbutn. NAYS: None. ABSENT: None.
Date published
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE '10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND
PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," SECTION 4,
ENTITLED "TEMPORARY USE OF SIDEWALK PERMITS" TO ALLOW FOR THE COMMERCIAL USE
OF SIDEWALKS DURING THE HOURS OF THE FRIDAY NIGHT CONCERT SERIES.
WHEREAS, regulating the public right-of-way ensures the safe movement of pedestrians; and
WHEREAS, it is desirable that there be uniformity in the permitting process and specific criteria to
guide and limit the discretion of City employees charged with granting or denying permits for uses of the
public right of way; and
WHEREAS, the City is a sponsor of the Friday Night Concert Series, a program organized by the
Downtown Association that provides live music in the City Plaza during the summer on Friday evenings
between 6:00 PM and 9:00 PM; and
WHEREAS, it is in the City's interest to permit businesses to use the City's sidewalks during the
Friday Night Concert Series.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled
"Commercial Use of Sidewalks," Section 4, entitled "Temporary Use of Sidewalk Permits," is hereby
amended by deleting Section 4 in its entirety and by substituting in its place the following new Section 4:
The City Manager or designee is authorized to issue no more than three (3) Temporary Use of
Sidewalk Permits per calendar year to businesses or business organizations for any commemial
purpose in commercially zoned districts excluding permits for sidewalk cafes, ambulatory
vendors, and mobile vending carts. Two (2) Temporary Use of Sidewalk Permits shall be limited
to the temporary use of sidewalks and public right-of-way abutting said businesses and shall be
limited to no more than three (3) days for any one permit. One (1) Temporary Use of Sidewalk
Permit shall be limited to the temporary use of sidewalks and public right-of-way abutting said
businesses and shall be limited to Friday evenings between the hours of 5:00 PM and 9:00 PM,
for the period beginning the second Friday of May and ending on the third Friday of September of
each year.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
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 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 Office
sue/ord/S-W FdOrd.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
Wilburn
First Consideration 5/3/05
Voteforpassage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott,
Lehman. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published