HomeMy WebLinkAbout2005-08-16 OrdinancePrepared by: Robed Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ03-00019)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 92 ACRES FROM INTERIM
DEVELOPMENT RESIDENTIAL (ID-RS) ZONE TO LOW DENSITY SINGLE FAMILY-SENSITIVE AREAS
OVERLAY (OSA-5) ZONE FOR PROPERTY LOCATED WEST OF KENNEDY PARKWAY AND EAST OF
CAMP CARDINAL ROAD (REZ03-O0019)
WHEREAS, the property owner, Alfred and Wilfreda Hieronymous, has requested a rezoning from ID-RS
to OSA-5 to allow a single family residential subdivision; and
WHEREAS, the property contains wetlands regulated by the Sensitive Areas Ordinance; and
WHEREAS, the applicant has requested variations from the buffer requirements and buffer averaging for
portions of the regulated wetlands; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed Sensitive Areas
Development Plan, which provides for reduction of certain wetland buffers and averaging of other wetland
buffers; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the Sensitive Areas
Development Plan, including the wetland buffer modifications and averaging; and
WHEREAS, Iowa Code 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; and
WHEREAS, the applicant has requested a waiver of requirements for extension of sanitary sewer lines to
adjacent properties; and
WHEREAS, the Planning and Zoning Commission has reviewed the requested waiver and has
recommended approval, provided that provisions be made through easements and payments for the future
extension of the required sewer; and
WHEREAS, the applicant acknowledges that said conditions and restrictions are reasonable to ensure
appropriate and necessary extension of sanitary sewer infrastructure; and
WHEREAS, the applicants have agreed to develop this property in accordance with the terms and
conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate future extension of
the sanitary sewer system in this area of the City; and
WHEREAS, the Planning and Zoning Commission has found that the proposed rezoning and associated
Sensitive Areas Development Plan to be in conformance with the Comprehensive Plan for the area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, the parcel described below is hereby reclassified from its current zoning designation of
ID-RS to OSA-5 and the associated preliminary Sensitive Areas Development Plan is approved:
THE FOLLOWING LEGAL DESCRIPTION HAS BEEN COMPILED FROM DEEDS AND PLATS OF
RECORD.
THE WEST FRACTIONAL HALF OF THE NORTHWEST QUARTER, EXCEPT THE FOLLOWING
DESCRIBED TRACT, TOWIT: COMMENCING 14 RODS EAST OF THE SOUTHWEST CORNER OF
SAID WEST FRACTIONAL HALF OF THE NORTHWEST QUARTER, THENCE EAST 25 RODS,
THENCE NORTH 21 RODS, THENCE NORTHWESTERLY TO A POINT 23 RODS NORTH OF THE
PLACE OF BEGINNING, THENCE SOUTH 23 RODS TO THE PLACE OF BEGINNING, IN SECTION 7,
TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. ALSO AN EASEMENT FOR ROAD
PURPOSES AND FOR RIGHT OF INGRESS AND EGRESS OVER THE WESTERLY 30 FEET OF THE
OF THE NORTH 44 % RODS OF THE WEST FRACTIONAL HALF OF THE SOUTHWEST QUARTER
OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M.
Ordinance No.
Page 2
SECTION II. ZONING MAP. The Building Official is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance as provided by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
the City Clerk is hereby authorized and directed to certify a copy of this ordinance 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 IV. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed
to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owners and
the City, following passage and approval of this Ordinance.
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.
Passed and approved this day of ., 20
MAYOR
ATTEST:
CITY CLERK
City Attorney's Office
ppdadm/ord/REZ03-00019.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:
4 Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 8 / 16 /05
Vote for passage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef,
W±lburn, Bailey. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Mitchel T. Behr, Asst. City Attorney~ 410 E Washington St, Iowa City~ IA 52240~ 319-356-5030
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of iowa City, iowa, a Municipal
Corporation (hereinafter "City"), Albert N. Hieronymus, individua[ly, and Albert N. Hieronymus
as executor of the estate of Wilfreda A. Hieronymus (hereinafter "Owners"), and Southgate
Development Company (hereinafter "Subdivider").
WHEREAS, Owners are owners and legal title holders of approximately 92.93 acres of property
located north Melrose Avenue, west of the northwest terminus of Kennedy Parkway and the
Walnut Ridge subdivision; and
WHEREAS, the Owners and Subdivider have applied to rezone the property from interim
Development Residential (ID-RS) to Sensitive Areas Overlay Low Density Single-Family
Residential (OSA-5); and
WHEREAS, Subdiivider is subdividing said property according to the plat for the Cardinal Ridge
subdivision; and
WHEREAS, the Planning and Zoning Commission has recommended approval of said rezoning
and subdivision subject to conditions related to infrastructure needs, specifically the provision of
sanitary sewer to the southern boundary of the Property; 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 and Subdivider acknowledge that certain conditions and restrictions
ere reasonable to ensure future infrastructure needs are adequately funded to minimize costs to
the public and promote development; and
WHEREAS, Owners and Subdivider 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:
Conditional Zoning Agreement (REZ04-00030)
Page 2
1. Owners are the legal title holders, and Southgate Development Company is the subdivider,
of the property legally described as follows:
THE WEST FRACTIONAL HALF OF THE NORTHWEST QUARTER, EXCEPT THE
FOLLOWING DESCRIBED TRACT, TOW1T: COMMENCING 14 RODS EAST OF THE
SOUTItWEST CORNER OF SAID WEST FRACTIONAL HALF OF THE NORTHWEST
QUARTER, THENCE EAST 25 RODS, THENCE NORTH 21 RODS, TtlENCE
NORTHWESTERLY TO A POINT 23 RODS NORTH OF TIlE PLACE OF BEGINNING,
THENCE SOUTH 23 RODS TO THE PLACE OF BEGINNING, IN SECTION 7,
TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. ALSO AN EASEMENT
FOR ROAD PURPOSES AND FOR RIGHT OF INGRESS AND EGRESS OVER THE
WESTERLY 30 FEET OF THE OF THE NORTH 44 V2 RODS OF THE WEST
FRACTIONAL HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP
79 NORTH, RANGE 6 WEST OF THE 5TH P.M.
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 and Subdivider 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 shall, at Subdivider's expense, extend two 8 inch sanitary sewer lines
to the south boundary of the property shared with the two adjacent properties (the Nepola
and Ahrens tracts). Those two sewer lines shall run by the shortest possible routes from
the east-west trunk sewer to be constructed by the Subdivider upon the property to the
lowest and closest points on the boundaries of the Nepola and Ahrens properties such
that sanitary sewer service is feasible on the those adjacent properties. The routes of
those two sewer lines shall be agreed upon by the Subdivider and the Public Works
Department of the City of Iowa City. The sewer lines to the Nepola and Ahrens tracts
shall be constructed at the game time that the trunk sewer is constructed. The Subdivider
and the City shall agree upon the sewer routes and construction plans as soon as
possible, it being the intent to have agreed plans by October 1, 2005 so that construction
of these sewers may be commenced as soon as possible following approval of final plats
for the property.
b. Prior to plat approval for any development of Outlet E or Outlet G, a traffic analys~s on
Kennedy Parkway will be completed by the City to determine if secondary access is
required by the City's Secondary Access Guidelines. If secondary access is so required,
there shall be no plat approval for any development of Outlet E or Outlet G prior to
construction of secondary access deemed adequate by the City..
4. Owners, Subdivider 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.
Conditional Zoning Agreement (REZ04-00030)
Page 3
5. Owners, Subdivider 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 and Subdivider acknowledge that nothing in this Conditional Zoning Agreement
shall be construed to relieve the Owners, Subdivider 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 4
Dated this _~/,J,~,) day of August, 2005.
OWNERS CITY OF IOWA CITY, iOWA
£
~.~' ~, ~,~.4 w.r.4a~"O'~9 By
Albert N. Hieronymus, Individually Ernest W. Lehman, Mayor
Albert N. Hieronymus ~ Marian K. Kart, City Clerk
Executor of the Estate for
Wilfreda A.Hieronymus
SUBDIVIDER
Southgate Development Company, Inc.
Teresa L. Morrow, Vice President Approved by:
City Attorney's Office
Conditional Zoning Agreement (REZ04-00030)
Page 5
OWNERS' ACKNOWLEDGEMENTS
State of Iowa, County of Johnson ss:
On this /~,.~n_dayof~~ , 2005, before me, a notary public for said state,
personally appeared Albert'Iq. Hieronymus, to me known to be the person named in and who
executed the foregoing instrument, and acknowledged that he executed the same as his voluntary
act and deed.
~. a~ll ~.JCommission Number 149499I
[,~'] My 5o~n~no,~.sipn Expire, !
[~' I ' ¥-.o 6 J Notary Public for the State of Iowa
State of Iowa, County of Johnson ss:
On this /~ ~dayof , 2005, before me, a notary public for said state,
personally appeared Albert Nt) Hieronymus, to me known to be the person named in and who
executed the foregoing instrument, and acknowledged that he is the executor of the estate for
Wilfreda A.Heironymus, and further acknowledged that he executed the same in said capacity as
his voluntary act and deed.
4'~' TERESA L. MORROW ,
JCommlsslon Number 1494991
]'1"! M¥ColnmissionExplres I Notary Public for the State of Iowa
SUBDIVIDER'S ACKNOWLEDGEMENT
State ot3_~__~_~- ........ County of 2,.~_~_,~)~___ ss:
This instrument was acknowledged before me on the ~:~_Jl'~__ day of ~ ~ ....... ,
2005 by Teresa L~ Morrow, as Vice-President of Southgate Development Company, ~nc.
[Commission Number t938781 --
] My Commission Expires I Notary Public in and for the State of Iowa
I I
CITY OF IOWA CITY ACKNOWLEDGEMENT:
State of lowa, 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 oflowa
Mitch/B/Cardinal Ridge/CZA . . . 8.10.05
Conditional Zoning Agreement (REZ04-00030)
Page 6
SAMPLE PROPOSAL FOR ADDITION TO CZA FOR
CARDINAL RIDGE AREA
To balance the interests of the developer and public safety interests, the
following is proposed:
Before a "sufficient secondary access" is connected to Kennedy Parkway:
1. Based on all relevant factors of the City's secondary access guidelines
applied to the particular features affecting safety on Kennedy Parkway, the
standard for which Kennedy Parkway shall be Oeemea overouraene and require
a secondary access shall be 75% of the City's standard daily permitted traffic
volume guideline - currently 2500 x 75% -- 1875 vehicles per day.
2. Before each development phase, an accurate traffic count of average daily
traffic on Kennedy Parkway shall be conducted.
3. No additional development using Kennedy Parkway as the primary access
shall be approved if the 75% standard has been exceeded or will likely be exceeded
by such additional development.
4. For the purposes of this provision, "sufficient secondary access" shall be:
a) Extension and connection of Kennedy Parkway to the new Camp Cardinal
Boulevard; or
b) Extension and connection of Kennedy Parkway to old Camp Cardinal
Road improved to satisfy City design and safety requirements; or
c) Such other connection of Kennedy Parkway to another arterial street as
the City may approve.
After there is a "sufficient secondary access" connected to Kennedy Parkway
the foregoing will not apply.
Example of the Practical Effect of this Proposal:
· Secondary access traffic guideline in ideal circumstances 2500 vehicles per day
· Specific "overburdened" standard made applicable to Kennedy
Parkway due to its particular features 75%
· Kennedy Parkway "overburdened" guideline 1875 vehicles per day
1875 vehicles + 11.37 daily per household (current count, to be
updated before approval of each phase) = 164.91 Residential Lots
Walnut Ridge 100
less lots on Acorn Court (8)
Cardinal Ridge Phase 1 50
Cardinal Ridge Phase 2 23
165
Consequence:
Would potentially require secondary access before development of Phase 3 (19 Lots),
Outlots E and G (yet unspecified lots/dwellings) or other adjacent real estate.
Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00003)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 2.19 ACRES FROM INTENSIVE
COMMERCIAL (C1-1) ZONE AND MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8) ZONE TO
COMMUNITY COMMERCIAL (CC-2) ZONE FOR PROPERTY LOCATED BETWEEN NORTH DODGE
STREET AND DODGE STREET COURT EAST OF CONKLIN LANE (REZ05-00003).
WHEREAS, the property owner, Southgate Development Companies, has requested a rezoning to allow
for a mixed use commercial and multi-family development in an area currently zoned C1-1 and RS-8; and
WHEREAS, the North District Plan, an element of the Comprehensive Plan, indicates that this area may
be appropriate for a mixed use commemial/residential development provided neighborhood compatibility
issues are addressed; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan if certain conditions are adhered to; and
WHEREAS, Iowa Code 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 directly caused by the requested change; and
WHEREAS, the applicant acknowledges that said conditions and restrictions are reasonable to ensure
appropriate mixed-use development that is compatible with adjacent residential development; and
WHEREAS, the applicant has agreed to develop this property in accordance with the terms and
conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this
area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, the parcel described below is hereby reclassified from its current zoning designations of
C1-1 and RS-8 to CC-2:
LEGAL DESCRIPTION
A PORTION OF LOT 3, JACOB RICORD'S SUBDIVISION, LYING IN THE NORTHEAST
ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 79
NORTH, RANGE 6 WEST OF THE 5TM P.M., IOWA CITY, JOHNSON COUNTY, IOWA
ACCORDING TO THE RECORDED PLAT THEREOF, THE BOUNDARIES OF WHICH ARE
DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2005024
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE-QUARTER
OF THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA;
THENCE S00°35'41"W, 526.30 FEET; THENCE N89°56'46"E, 45.47 FEET TO THE
NORTHEAST CORNER OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT
RECORDED iN BOOK 3672 AT PAGE 954 IN THE RECORDS OF THE JOHNSON
COUNTY RECORDER AND THE POINT OF BEGINNING AT A POINT ON THE
SOUTHEASTERLY RIGHT-OF-WAY LINE OF IOWA STATE HIGHWAY NO. 1; THENCE
CONTINUING N89°56'46"E, 0.86 FEET TO A 1 INCH PIPE ON SAID SOUTHEASTERLY
RIGHT-OF-WAY LINE; THENCE N57°00'09"E, ALONG SAID SOUTHEASTERLY RIGHT-
OF-WAY LINE, 235.37 FEET; THENCE N57°13'00"E, ALONG SAID SOUTHEASTERLY
RIGHT-OF-WAY LINE, 125.69 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 3
OF JACOB RICORD'S SUBDIVISION, IOWA CITY, JOHNSON COUNTY, IOWA
ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 16 AT
Ordinance No.
Page 2
PAGE 34 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE
N88o04'36"E, ALONG SAID NORTHERLY LINE, 72.19 FEET; THENCE S00°12'49"W,
334.12 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 3; THENCE
S89o59'21"W, ALONG SAID SOUTHERLY LINE, 81.66 FEET; THENCE NO1°14'32"E, 10.00
FEET; THENCE S89°59'21"W, 324.64 FEET TO A POINT ON THE SOUTHERLY
EXTENSION OF THE EASTERLY LINE OF A TRACT OF LAND SHOWN ON AN
ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 955 IN SAID RECORDER'S
RECORDS; THENCE N00°42'29"E, ALONG SAID SOUTHERLY EXTENDED LINE AND
LONG SAID EASTERLY LINE, 106.01 FEET TO A POINT ON SAID SOUTHEASTERLY
RIGHT-OF-WAY LINE OF IOWA STATE HIGHWAY NO. 1; THENCE N57°O2'22"E, ALONG
SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 35.72 FEET TO THE POINT OF
BEGINNING, CONTAINING 2.19 ACRES AND IS SUBJECT TO EASEMENTS AND
RESTRI(~TIONS 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 Ill. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to
sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owners and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance 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.
Passed and approved this ~ day of ,20
MAYOR
ATTEST:
CITY CLERK
Approved by
di~y~'A~e'y's/Office
Ppdadmin/ord/mz05-00003.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 8/16/05
Vote for passage; AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: N~ne. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Robert Miklo, Senior Planner, 410 E Washington St, Iowa City, IA 52240, 319-356-5240 (REZ05-0003)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City"), and Southgate Development Company (hereinafter "Owner").
WHEREAS, the Owner is legal title holder of approximately 2.19 acres of property located south
of Dodge Street, east of Conklin Lane and north of Dodge Street Court; and
WHEREAS, the Owner has applied to rezone the property from Intensive Commercial (C1-1)
and Medium Density Single-Family (RS-8) to Community Commercial (CC-2); and
WHEREAS, the Planning and Zoning Commission has recommended approval of said rezoning
subject to conditions related to ensuring that the property develops in a manner consistent with
the Comprehensive Plan and compatible with the adjacent neighborhood; 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 that the property develops in a manner consistent with the Comprehensive Plan and
compatible with the adjacent neighborhood; 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. Southgate Development Company is the owner and legal title holder of the property legally
described as follows:
LEGAL DESCRIPTION
A PORTION OF LOT 3, JACOB RICORD'S SUBDIVISION, LYING 1N THE NORTHEAST ONE-
QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE STM P.M., IOWA CITY, JOHNSON COUNTY, IOWA ACCORDING TO
THE RECORDED PLAT THEREOF, THE BOUNDARIES OF WHICH ARE DESCRIBED AS
FOLLOWS:
AUDITOR'S PAI~CEL 2005024
Conditional Zoning Agreement (REZ05-0003)
Page 2
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF
THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST
OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE
S00°35'41"W, 526.30 FEET; THENCE N89°56'46"E, 45.47 FEET TO THE NORTHEAST CORNER
OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT
PAGE 954 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE POINT OF
BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF IOWA
STATE HIGHWAY NO. 1; THENCE CONTINUING N89°56'46"E, 0.86 FEET TO A 1 INCH PIPE
ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE; THENCE N57°00'09"E, ALONG SAID
SOUTHEASTERLY RIGHT-OF-WAY LINE, 235.37 FEET; THENCE N57°13'00"E, ALONG SAID
SOUTHEASTERLY RIGHT-OF-WAY LINE, 125.69 FEET TO A POINT ON THE NORTHERLY
LINE OF LOT 3 OF JACOB RICORD'S SUBDIVISION, IOWA CITY, JOHNSON COUNTY,
IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 16
AT PAGE 34 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE
N88°04'36"E, ALONG SAID NORTHERLY LINE, 72.19 FEET; THENCE S00°12'49"W, 334.12
FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 3; THENCE S89°59'2 I"W,
ALONG SAID SOUTHERLY L1NE, 81.66 FEET; THENCE N01°I4'32"E, 10.00 FEET; THENCE
S89°59'21"W, 324.64 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE
EASTERLY LINE OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED
IN BOOK 3672 AT PAGE 955 IN SAID RECORDER'S RECORDS; THENCE N00°42'29"E,
ALONG SAID SOUTHERLY EXTENDED LINE AND LONG SAID EASTERLY LINE, 106.01
FEET TO A POINT ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE OF IOWA STATE
HIGHWAY NO. 1; THENCE N57°02'22"E, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY
LINE, 35.72 FEET TO THE POINT OF BEGINNING, CONTAINING 2.19 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, the Owner agrees that
development of the subject property will conform to all other requirements of the Zoning
Chapter, as well as the following conditions:
a. The property shall develop in general conformance with the concept site plan and concept
sketches attached hereto and incorporated herein. Any subdivision or site plan shall generally
conform to the concept site plan. Any matedal changes from the concept site plan and concept
sketches shall require review and approval of the Planning & Zoning Commission.
b. Buildings on this property shall develop in general conformance with the concept sketches
attached hereto and incorporated herein. The buildings to be constructed on this property will
be predominantly brick buildings limited to 2 stories in height and featuring store front windows,
canopies or awnings and upper story fenestration as illustrated on the concept sketches.
Masonry, cedar, or architectural metal may be used for some of the finishes. Masonry is defined
as stone, flush formed concrete with a recessed relief pattern, stucco, or stone-like textured
concrete blocks or masonry units, but does not include fiat surfaced concrete block.
c. The building labeled on the concept site plan as a financial institution may be used for a financial
institution or any other use permitted in the CC-2 Zone.
d. Other than a possible exit drive for a financial institution drive-through, there shall be no
driveways serving commercial uses on Dodge Street Court. Auto and truck oriented uses,
including drive-through financial institutions, require approval of a special exception. Nothing in
this agreement waives this requirement. If a financial institution drive-through is not located as
shown on the concept plan, the portion of the area labeled as a "drive-thru exit" contained within
the required set back from Dodge Street Court shall consist of lawn or landscaping.
Conditional Zoning Agreement (REZ05-0003)
Page 3
e. To assure adequate pedestrian access sidewalks will be provided in the general locations shown
on the concept site plan.
f. To create an adequate buffer between residential and commercial development a minimum 5 foot
tall brick screen wall and trees shall be installed along Dodge Street Court as shown on the
concept site plan and concept sketches.
g. Other than signs permitted on the buildings by the Iowa City Sign Regulations and as further
regulated below, exterior signs will be limited to two monument signs on Dodge Street in the
general locations shown on the concept site plan. If a monument sign is located at the corner of
Dodge Street and Conklin Lane it shall be located no farther than 20 feet back from the Dodge
Street right-of-way. No signs shall be permitted on the south side of any building. Within 50 feet
of Dodge Street Court right-of-way, no signs shall be permitted on the west and east sides of the
building labeled as a financial institution. Within 200 feet of the Dodge Street Court right-of-way,
no signs shall be permitted on the east side of the commercial/retail building.
h. Any lighting located within the financial institution drive-through canopy shall be recessed into the
underside of the canopy
i. The owner will pay ~ the cost (not to exceed a payment of $60,000) of improving the portion of
Dodge Street Court located adjacent to this property to City standards, unless the property is
developed with no access to or from Dodge Street Court.
j. The owner will dedicate sufficient right-of-way to bring the Dodge Street Court right-of-way width
to 50 feet.
k. If the property is developed with a driveway on Dodge Street Court serving commercial use, the
owner will dedicate 10 feet of right-of-way for Conklin Lane.
I. The property will be designed to drain on-site storm water away from Dodge Street Court.
4. The Owner 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. The Owner 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. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner 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 (REZ05-0003)
Page 4
Dated this day of ,2005.
OWNER CITY OF IOWA CITY, IOWA
SOUTHGATE DEVELOPMENT
COMPANY, INC.
Teresa L. Morrow Ernest W. Lehman, Mayor
Vice-President
By
Marian K. Kart, City Clerk
Approved by:
City Attorney's Office
Conditional Zoning Agreement (REZ05-0003)
Page 5
OWNER'S ACKNOWLEDGEMENT
State of/C~k)Ck. , County of._~h }(~}~(~}~ ss:
This instrument was acknowledged before me on the I i day of 7~ J,~{ [ .~L, 2005 by
Teresa L. Morrow, as Vice-President of Southgate Development Company, I~c. ',3 - ~
Comnmon ~ 7227~41 Notary Pt}blic in and for the State oflowa
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 of Iowa
PpdadminXagt\CZA-REZ05-0003 Southgate.doc
Prepared by: Robert Miklo, Senior Planner, 410 E Washington St, Iowa City, IA 52240, 319-356-5240 (REZ05-0003)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City"), and Southgate Development Company (hereinafter "Owner").
WHEREAS, the Owner is legal title holder of approximately 2.19 acres of property located south
of Dodge Street, east of Conklin Lane and north of Dodge Street Court; and
WHEREAS, the Owner has applied to rezone the property from Intensive Commercial (C1-1)
and Medium Density Single-Family (RS-8) to Community Commercial (CC-2); and
WHEREAS, the Planning and Zoning Commission has recommended approval of said rezoning
subject to conditions related to ensuring that the property develops in a manner consistent with
the Comprehensive Plan and compatible with the adjacent neighborhood; 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 that the property develops in a manner consistent with the Comprehensive Plan and
compatible with the adjacent neighborhood; 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. Southgate Development Company is the owner and legal title holder of the property legally
described as follows:
LEGAL DESCRIPTION
A PORTION OF LOT 3, JACOB RICORD'S SUBDIVISION, LYING IN THE NORTHEAST ONE-
QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TM P.M., IOWA CITY, JOHNSON COUNTY, IOWA ACCORDING TO
THE RECORDED PLAT THEREOF, THE BOUNDARIES OF WHICH ARE DESCRIBED AS
FOLLOWS:
AUDITOR'S PARCEL 2005024
Conditional Zoning Agreement (REZ05-0003)
Page 2
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF
THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST
OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE
S00°35'41"W, 526.30 FEET; THENCE N89°56'46"E, 45.47 FEET TO THE NORTHEAST CORNER
OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED 1N BOOK 3672 AT
PAGE 954 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE POINT OF
BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF IOWA
STATE HIGHWAY NO. 1; THENCE CONTINUING N89°56'46"E, 0.86 FEET TO A 1 INCH PIPE
ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE; THENCE N57°00'09"E, ALONG SAID
SOUTHEASTERLY RIGHT-OF-WAY LINE, 235.37 FEET; THENCE N57°13'00"E, ALONG SAID
SOUTHEASTERLY RIGHT-OF-WAY LINE, 125.69 FEET TO A POINT ON THE NORTHERLY
LINE OF LOT 3 OF JACOB RICORD'S SUBDIVISION, IOWA CITY, JOHNSON COUNTY,
IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 16
AT PAGE 34 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE
N88°04'36"E, ALONG SAID NORTHERLY LINE, 72.19 FEET; THENCE S00°12'49"W, 334.12
FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 3; THENCE S89°59'21"W,
ALONG SAID SOUTHERLY LINE, 81.66 FEET; THENCE N01°14'32"E, 10.00 FEET; THENCE
S89°59'21"W, 324.64 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE
EASTERLY LINE OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED
IN BOOK 3672 AT PAGE 955 IN SAID RECORDER'S RECORDS; THENCE N00°42'29"E,
ALONG SAID SOUTHERLY EXTENDED LINE AND LONG SAID EASTERLY LINE, 106.01
FEET TO A POINT ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE OF IOWA STATE
HIGHWAY NO. 1; THENCE N57°02'22"E, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY
LINE, 35.72 FEET TO THE POINT OF BEGINNING, CONTAINING 2.19 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, the Owner agrees that
development of the subject property will conform to all other requirements of the Zoning
Chapter, as well as the following conditions:
a. The property shall develop in general conformance with the concept site plan and concept
sketches attached hereto and incorporated herein. Any subdivision or site plan shall generally
conform to the concept site plan. Any material changes from the concept site plan and concept
sketches shall require review and approval of the Planning & Zoning Commission.
b. Buildings on this property shall develop in general conformance with the concept sketches
attached hereto and incorporated herein. The buildings to be constructed on this property will
be predominantly brick buildings limited to 2 stories in height and featuring store front windows,
canopies or awnings and upper story fenestration as illustrated on the concept sketches.
Masonry, cedar, or architectural metal may be used for some of the finishes. Masonry is defined
as stone, flush formed concrete with a recessed relief pattern, stucco, or stone-like textured
concrete blocks or masonry units, but does not include fiat surfaced concrete block.
c. The building labeled on the concept site plan as a financial institution may be used for a financial
institution or any other use permitted in the CC-2 Zone.
d. Other than a possible exit drive for a financial institution drive-through, there shall be no
driveways serving commercial uses on Dodge Street Court. Auto and truck oriented uses,
including drive-through financial institutions, require approval of a special exception. Nothing in
this agreement waives this requirement. If a financial institution drive-through is not located as
shown on the concept plan, the portion of the area labeled as a "drive-thru exit" contained within
the required set back from Dodge Street Court shall consist of lawn or landscaping.
Conditional Zoning Agreement (REZ05-0003)
Page 3
e. To assure adequate pedestrian access sidewalks will be provided in the general locations shown
on the concept site plan.
f. To create an adequate buffer between residential and commercial development a minimum 5 foot
tall brick screen wall and trees shall be installed along Dodge Street Court as shown on the
concept site plan and concept sketches.
g. Other.than signs permitted on the buildings by the Iowa City Sign Regulations and as further
regulated below, exterior signs will be limited to two monument signs on Dodge Street in the
general locations shown on the concept site plan. If a monument sign is located at the corner of
Dodge Street and Conklin Lane it shall be located no farther than 20 feet back from the Dodge
Street right-of-way. No signs shall be permitted on the south side of any building. Within 50 feet
of Dodge Street Court right-of-way, no signs shall be permitted on the west and east sides of the
building labeled as a financial institution. Within 200 feet of the Dodge Street Court right-of-way,
no signs shall be permitted on the east side of the commercial/retail building.
h. Any lighting located within the financial institution drive-through canopy shall be recessed into the
underside of the canopy
i. The owner wilt pay ~ the cost (not to exceed a payment of $60,000) of improving the portion of
Dodge Street Court located adjacent to this property to City standards, unless the property is
developed with no access to or from Dodge Street Court.
j. The owner will dedicate sufficient right-of-way to bring the Dodge Street Court right-of-way width
to 50 feet.
k. If the property is developed with a driveway on Dodge Street Court serving commercial use, the
owner will dedicate 10 feet of right-of-way for Conklin Lane.
I. The property will be designed to drain on-site storm water away from Dodge Street Court.
4. The Owner 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. The Owner and City acknowledge that in the event the subject proper~y 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. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner 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 (REZ05-0003)
Page 4
Dated this day of ,2005.
OWNER CITY OF IOWA CITY, IOWA
SOUTHGATE DEVELOPMENT
COMPANY, INC.
Teresa L. Morrow Ernest W. Lehman, Mayor
Vice-President
Marian K. Karr, City Clerk
Approved by:
City Attomey's Office
Conditional Zoning Agreement (REZ05-0003)
Page 5
OWNER'S ACKNOWLEDGEMENT
State of/~_k3C~.. , County of ~bi~J'l~C~\ ss:
This instmment was acknowledged before me on the I1 dayof :~(([~'3L,2005by
Teresa L. Morrow, as Vice-President of Southgate Development Company, I~c.3. ' - ~
ANOELAKI~AL I ~ ~fL(~ "i~nand~_for~tateoflowa
cmnmleelon Number 7227641 N-ota~y Pdblic ' '
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. Kart, 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
Ppdadmin~agt\CZA-REZ05-0003 Southgate. doc
pt
Site ~lan
No~h Dodge
Development
Iowa City, Iowa
SouthGate
North Dodge
Development
Iowa City, iowa
Concept
Sketches
l~x~,ared by: Robert Miklo, Senior Planner, 410 E Washington St, Iowa City, IA 52240, 319-356-5240 (REZ05-0003)
,,~ CONDITIONAL ZONING AGRE/E~IENT
THIS ,~G.~REEMENT is made by and between the C',jt/y of Iowa City, Iowa, a Municipal
CorporatiOh.(hereinafter "City"), and Southgate DeveloTent_ G~mpany (hereinafter "Owner")·
WHEREAS, the Owner is legal title holder of approxir~ately 2.19 acres of property located south
of Dodge Street, east of Conklin Lane and north of//Dbdge Street Court; and
WHEREAS, the Owner has applied to rezone t,b'e property from Intensive Commercial (C1-1)
and Medium Density Single-Family (RS-8) to ,~mmunity Commercial (CC-2); and
WHEREAS, the P ann ng and zOning CommiSsion has ~eco. mmended approval of said rezoning
subject to conditions related to enSuring tha/t'the property develops in a manner consistent with
the Comprehensive Plan and compatibte.,,~?h the adjacent neighborhood; and
WHEREAS, owa Code Section 414.5 ~200~) provides that the City of Iowa City may impose
reasonab e conditions on granting a r(~2oning~equest, over and above existing regulations, in
order to satisfy public needs that are (~kectly caOs~ed by the requested change in zoning; and
WHEREAS the Owners acknowled~/e that certain~onditions and restncbons are reasonable to
ensure that the property develops/in a manner cohsistent with the Comprehensive Plan and
compatible with the adjacent neig/~orhood; and
WHEREAS, Owners agree to u/e this property in acc~,dance with the terms and conditions of
a Conditional Zoning Agreeme~.
NOW, THEREFORE, in con~deration of the mutual promises contained herein, the Parties
agree as follows: /
1. Southgate Development/Company is the owner and leg;~,,title holder of the property legally
described as follows: ~
LEGAL DESCRIPTION/,
A PORTION OF LoT 3, IACOB RICORD S SUBDIVISION, LY1NG IN T~IE NORTHEAST ONE-
QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 2, TO'v~NSHIP 79 NORTH,
RANGE 6 WEST OF T~E 5TM P.M., IOWA CITY, JOHNSON COUNTY, IO~/A ACCORDING TO
THE RECORDED PL~T THEREOF, THE BOUNDARIES OF WHICH ARE I~ESCRIBED AS
FOLLOWS: /
AUDITOR' S~P~CEL 2.. 005024
Conditional Zoning Agreement (REZ05-0003)
Page 2
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF
THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST
OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE
S00°35'4 I"W, 526.30 FEET; THENCE N89°56'46"E, 45.47 FEET TO THE NORTHEAST CORNER
OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT
PAGE 954 1N THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE POINT OF
BEGIN2KkNG AT A POINT ON THE SOUTHEASTERLY RIGH,T,,-OF-WAY LINE OF IOWA
STATUE HI-'O'I~WAY NO. 1; THENCE CONTINUING N89°56'46' E, 0.86 FEE,T, TO A 1 INCH PIPE
ON SAID SOU~I~kEASTERLY RIGHT-OF-WAY LINE; THENCE N57°00'09 ~, ,A, LONG SAID
SOUTHEASTERL~K~IGHT-OF-WAY LINE, 235.37 FEET; THENCE N57°13 00 E, ALONG SAID
SOUTHEASTERLY R~HT-OF-WAY LINE, 125.69 FEET TO A POINT ON THE NORTHERLY
LINE OF LOT 3 OF JAC~2~ RICORD'S SUBDIVISION, IOWA CITY, JOHNSON COUNTY,
IOWA ACCORDING TO Ti~ RECORDED PLAT THEREOF, RECORDED iN PLAT BOOK 16
AT PAGE 34 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE
N88°04'36 E, ALONG SAID NO'PxTHERLY LINE, 72.19 FEET; THENCE SOO 12 49 W, 334.12
FEET TO A POINT ON THE SOU;F/~IERLY LINE OF SAID LOT 3; THENCE S89°59'21'W,
AL,Oo.N~ S~ID SOUTHERLY LINE, K[.66 FEET; THENCE N01°14'32"E, 10.00 FEET; THENCE
S89 59 21 W, 324.64 FEET TO A POIIx'kT ON THE SOUTHERLY EXTENSION OF THE
EASTERLY LINE OF ^ TRACT OF SHOW ON AN ACQUISITION 'LAT RECORDED
IN BOOK 3672 AT PAGE 955 IN SAID RL~ORDER'S RECORDS; THENCE N00°42'29"E,
ALONO SAID SOUTHERLY EXTENDED AND LONO SAID EASTERL',' LINE, 106.01
FEET TO ^ POINT ON SAID SO T EO T ¥ RIOHT-O -WAY LINE OF IOWA STATE
HIGHWAY NO. 1; THENCE N57 02 22"E, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY
LINE, 35.72 FEET TO THE POINT OF BEGINNI~NG, CONTAINING 2.19 ACRES AND IS
SUBJECT TO EASEMENTS AND RESTRICTIOI~ OF RECORD.
2. The Parties acknowledge that Iowa Code ~ection 414.5 (2005) provides that the City of
Iowa City may impose reasonable condition~on granting an applicant's rezoning request,
over and above the existing regulations, in orl~er to satisfy public needs directly caused by
the requested change.
\
3. In consideration of the City's rezoning the s'~bject property, the Owner agrees that
development of the subject property will conforr~to all other requirements of the Zoning
Chapter, as well as the folloWing conditions: ,~
\
a. The property shall develop in general conformance~with the concept site plan and concept
sketches attached her~eto and incorporated herein. Any subdivision or site plan shall generally
conform to the concept site plan. Any significant change!~,from the concept site plan and concept
sketches shall require review and approval of the PlanningS& Zoning Commission.
b. Bu dings on this Property shall develop in general conformance with the concept sketches
attached hereto and incorporated herein. The buildings to, be constructed on this property will
be brick buildings limited to 2 stories in height and featurin~store front windows, canopies or
awnings and ul~per story fenestration as illustrated on the conceder sketches.
c. The building~abeled on the concept site plan as a financial institi~on may be used for a financial
institution or another use permitted in the CC-2 Zone. ~
d. Other than a possible exit drive for a financial institution drive~hrough,' there shall be no
drveways serving commercial uses on Dodge Street Court.. Autb~.~nd truck oriented uses,
including drive-through financial institutions, require approval of a spe~al exception. Nothing in
this agreement waives this requirement. If a financial !nstitution drive-thr~ough is not located as
shown on the concept plan, the area labeled as a 'drive-thru exit" sh'all consist of lawn or
landscaping, ne~sh
e. To assure adequate pedestrian access sidewalks will be provided in the ge own
on the concept site plan.
Conditional Zoning Agreement (REZ05-0003)
Page 3
f. To create an adequate buffer between residential and commercial development a minimum 5 foot
tall brick screen wall and trees shall be installed along Dodge Street Court as shown on the
concept site plan and concept sketches.
g. Other than signs permitted on the buildings by the Iowa City Sign Regulations and as further
regulated below, exterior signs will be limited to two monument signs on Dodge Street in the
general ~ons shown on the concept site plan. If a monument sign is located at the corner of
Dodg~ Street~'~ Conklin Lane it shall be located no farther than 20 feet back from the Dodge
Street right-of-way.~o signs shall be permitted on the south side of any building. Within 50 feet
of Dodge Street Court~ht-of-way, no signs shall be permitted on the west and east sides of the
building labeled as a fina"~,cial institution. Within 200 feet of the Dodge Street Court right-of-way,
no sign~ shall be permitted"Oq, the east side of the commercial/retail building.
h. oAfnt~~e f'mancial in~.ution drive-through canopy shall be recessed into the underside
i. The owner PwYill pay the Y2 the~'cost'~ot to exceed a payment of $60,00/0)/of improving the portion
of Dodge Street Court located adjactent to this property to City/s'tan?lards. The owner will
dedicate sufficient right-of-way to bring t~e street right-of-way widt/ff'to 50 feet.
j. The owner will dedicate 10 feet of right-oN,way for Conklin Lane/
k. The property will be designed to drain storn~water away from/Dodge Street Court.
4. The Owner and City acknowledge that\the~conditio~'~contained herein are reasonable
conditions to impose on the land under Iowa~Code/'oection 414.5 (2005), and that said
conditions satisfy public needs which are directly~a/~ed by the requested zoning change.
¥,
5. The Owner and City acknowledge that in the evezr~ the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment Mil c~nform with the terms of this Conditional
Zoning Agreement. ?. ~x _
6. The Parties acknowledge that this Conditional Zoning~greement shall be deemed to be a
covenant running with the land and withtitle to the lan~ and shall remain in full force and
effect as a covenant running with the title to the land unle~ 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 ~nd assigns of the Parti~,~.
7. lhe Owner acknowledges that /~othing in this Conditional ning ^greement shall be
construed to relieYe the Owner' or future owners from complyin~ with all applicable Iooal,
state, and federal regulations;~
8. The Parties agree that ~his Conditional Zoning Agreement shali be incorporated by
reference into the Ordin~ance rezoning the subject property; and that upon adoption and
publication of the Ordi~tance, 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 (REZ05-0003)
Page 4
Dated this day of ,2005.
OWNER ~ CITY OF IOWA CITY, IOWA
SOUTHGATE DEVELOPM~xNT
COMPANY, 1NC. '"
By
Teresa L. Morrow Emest W. Lehlmi~, Mayor
Vice-President
M.,at~an K. Kan', City Clerk
Approved by:
city'.~ kttomey's Office
Conditional Zoning Agreement (REZ05-0003)
Page 5
OWNER'S ACKNOWLEDGEMENT
State offs-...... , County of ss: ~
This inx?Ument was acknowledged before me on the day of J, 2005 by
Teresa L. Morro~resident of Southgate Development Company,S//
~ Notary Public in and for the State of Iowa
CITY OF IOWA CITY ACKNOWLEDGEM,ENT:
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. 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 of Iowa
Ppdadmin~agt\CZA-REZ05 -0003 Southgate.doc "~
\,
Conditional Zoning Agreement (REZ05-0003)
Page 4
Dated this day of ,2005.
/
OWNER CITY OF IOWA CITY, IOWA
SOUTHGATE D ,ELOPMENT /'
COMPANY, INC. '
By.
Teresa L. Morrow Ernest W. Lehman, Mayor
Vice-President
By
Marian K. Karr, City Clerk
Approved by:
Qity Attomey'k Office
Prepared by: Robert Miklo, Senior Planner, 410 E Washington St, Iowa City, IA 52240, 319-356-5240 (REZ05-0003)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporat~,n (hereinafter "City"), and Southgate Development Company (hereinafter "Owner").
WHEREASi"k~.e Owner is legal title holder of approximately 2.19 acres of property located south
of Dodge Street~east of Conklin Lane and north of Dodge Street Court; and
WHEREAS, the O~n~er has applied to rezone the property from Intensive Commercial (C1-1)
and Medium Density ~i0.~gle-Family (RS-8) to Communib (CC-2); and
WHEREAS, the Planning ~.d Zon ng Commission has ~mmended approval of said rezoning
subject to conditions related ~ ensuring that the develops in a manner consistent with
the Comprehensive Plan ~atible with the ad neighborhood; and
WHEREAS, Iowa Code Section (2005) provid that the City of Iowa City may impose
reasonable conditions on granting requE over and above existing regulations, in
order to satisfy public nE f the requested change in zoning; and
WHEREAS, the Owners acknowledge thai conditions and restrictions are reasonable to
ensure that the property develops in a mar ;onsistent with the Comprehensive Plan and
compatible with the adjacent neighborhood; ar
WHEREAS, Owners agree to use this pro with the terms and conditions of
a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration the mutual praises contained herein, the Parties
agree as follows:
1. Southgate Development Compar ; the owner and legal t~ holder of the property
legally
described as follows: /
QUARTER OF THE SOUTHW~ O~ !UARTER OF SECTION 2, TOWNSHIPXT~9 NORTH,
RANGE 6 WEST OF THE 5TM P IOWA CITY, JOHNSON COUNTY, IOWA ACCORDING TO
THE RECORDE[ THE BOUNDARIES OF WHICH ARE DESCRIBED AS
FOLLOWS:
AUDITOR'S PARCEL 20
Conditional Zoning Agreement (REZ05-0003)
Page 2
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF
THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST
OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE
S00°35'4 I"W, 526.30 FEET; THENCE N89°56'46"E, 45.47 FEET TO THE NORTHEAST CORNER
OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT
PAGE 954 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE POINT OF
BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF IOWA
STATE HIGHWAY NO. 1; THENCE CONTINUING N89°56'46"E, 0.86 FEET TO A 1 INCH PIPE
ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE; THENCE N57°00'09"E, ALONG SAID
SOUTHEASTERLY RIGHT-OF-WAY LINE, 235.37 FEET; THENCE N57°13'00"E, ALONG SAID
SOUTHEASTERLY RIGHT-OF-WAY LINE, 125.69 FEET TO A POINT ON THE NORTHERLY
LINE OF LOT 3 OF JACOB RICORD'S SUBDIVISION, IOWA CITY, JOHNSON COUNTY,
IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 16
AT PAGE 34 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE
N88°04'36"E, ALONG SAID NORTHERLY LINE, 72.19 FEET; THENCE S00°12'49'W, 334.12
FEET T~) A POINT ON THE SOUTHERLY LINE OF SAID LOT 3; THENCE S89°59'21"W,
ALONG'~ID SOUTHERLY LINE, 81.66 FEET; THENCE N01°14'32"E, 10.00 FEET; THENCE
S89'° --59,21,~(, 324.64 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE
EASTERLY ~qE OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLA~ RECORDED
IN BOOK 3672 ~T PAGE 955 1N SAID RECORDER'S RECORDS; THENCE N00 42'29'E,
ALONG SAID SO~HERLY EXTENDED LINE AND LONG SAID EASTERLY LINE, 106.01
FEET TO A POINT O~I SAID SOUTHEASTERLY RIGHT-OF-WAY LINE OF IOWA STATE
HIGHWAY NO. 1; TH~'NCE N57°02'22"E, ALONG
LINE, 35.72 FEET TO TH~,.~?iNT OF BEGINNING, CONTAINi
SUBJECT TO EASEMENTS ;~.I~.~ D RESTRICTIONS OF
2. The Parties acknowledge that,Iowa Code Section (2005) provides that the City of
Iowa City may impose reasonable conditions on c. an applicant's rezoning request,
over and above the existing reguffations, in order t~ satisfy public needs directly caused by
the requested change. ' ~,
3. In consideration of the City's rezonin~, ect property, the Owner agrees that
development of the subject property will to all other requirements of the Zoning
Chapter, as well as the following conditions:
a. The property shall develop in genera with the concept site plan and concept
sketches attached hereto and inco~ ~ny subdivision or site plan shall generally
conform to the concept site plan. chang~s~.from the concept site plan and concept
sketches shall require review and a Plannings& Zoning Commission.
b. Buildings on this property shall velop in general conformance with the concept sketches
attached hereto and The buildings to~b~, constructed on this property will
be~_redominantLv brick buildi~ s m ted to 2 stories in hei,Qht a~h.~l_featuring store front windows ......
cedar, al metal may be uSed for some o~,~t_h__e_ finishes. Masogry !~ ....... ~ Formatted: Font: Bold
like textured concrete I or masonry units,but does not include cOo, crete block.
c. The buildinc~ plan as a financial institution may b~. used for a financial
institution or an permitted in the CC-2 Zone. '~,
d. Other than a possi exit drive for a financial institution drive-through, there shall be no
driveways serving f l~ercial uses on Dodge Street Court. Auto and truck",,~riented uses,
including drive-thr~/ugn financial institutions, require approval of a special exceptio~'k. Nothing in
this agreement ~ives this requirement. If a financial institution drive-through is nof'-Iocated as
shown on the c0flcept plan, the portion of the area labeled as a "drive-thru exit" contained within
the required s~t'back from Dodge Street Court shall consist of lawn or landscaping.
Conditional Zoning Agreement (REZ05-0003)
Page 3
e. To assure adequate pedestrian access sidewalks will be provided in the general locations shown
on the concept site plan.
f. To create an adequate buffer between residential and commercial development a minimum 5 foot
tal~ brick screen wall and trees sha~l be installed along Dodge Street Court as shown on the
concept site plan and concept sketches.
g. Other than signs permitted on the buildings by the Iowa City Sign Regulations and as further
regulated below, exterior signs will be limited to two monument signs on Dodge Street in the
general locations shown on the concept site plan. If a monument sign is located at the corner of
Dodge Street and Conklin Lane it shall be located no farther than 20 feet back from the Dodge
Street right-of-way. No signs shall be permitted on the south side of any building. Within 50 feet
of Dodge Street Court right-of-way, no signs shall be permitted on the west and east sides of the
building labeled as a financial institution. Within 200 feet of the Dodge Street Court right-of-way,
no signs shall be permitted on the east side of the commercial/retail building.
h. Any lighting located within the financial institution drive-through canopy shall be recessed into the
underside ok.the canopy
i. The owner'w~oay ¼ the cost (not to exceed a payment of $60,000) of improving the portion of
Dodge Street C"o~rt located adjacent to this property to City standards, unless the property is
developed with no ~cess to or from Dodge Street Court.
j. The owner will dedic~ sufficient right-of-way to bring the Dodge Street Court right-of-way width
to 50 feet. '~
k. If the property is devel~ed with a driveway on Dodge Street Court serving commercial
use the owner will dedicati~,,10 feet of right-of-way for,~onklin Lane.
I. The property will be designed'~drain on-site storm w~ter away from Dodge Street Court.
4. The Owner and City acknowledge,, that the co~'ditions contained herein are reasonable
conditions to impose on the land u'r~der Iowa,Code Section 414.5 (2005), and that said
conditions satisfy public needs which ai'ff direc~Yy caused by the requested zoning change.
5. The Owner and City acknow edge that in't~event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopr ,~r will conform with the terms of this Conditional
Zoning Agreement.
6. The Part es acknowledge that this ~ Zo~g Agreement shall be deemed to be a
covenant running with the land and title to the 'l~,nd, and shall remain in full force and
effect as a covenant running with th/ to the land urt~ss or until released of record by the
City. The Parties further acknowl~d! that this Ag.r.e. ern~.t.shall inure to the benefit of and
bind all successors, representatyes'and assigns of the Par~,s.
/
7. The Owner acknowledges ~at nothing in this C. onditional.~.oning Agreement shall be
construed to relieve the O~/'ner or future owners from complyihg,,with all applicable local,
state, and federal regulars. ~
8. The Parties agree thj~ this Conditional Zoning Agreement shall'x~e incorporated by
reference into the Ordnance rezoning the subject property; a~d. !ha?a~,pon adoption and
publication of the )~'dinance, this Agreement shall be recorded in the'X~ohnson County
Recorder's Office ~heapplicant's expense. ~
*** lainder of this Page has been left Blank Intent~onall'~'~ ~'-~' ~,,~,,~Hy *** ~
Conditional Zoning Agreement (REZ05-0003)
Page 4
Dated this day of ,2005.
OWNER CITY OF IOWA CITY, IOWA
SOUTHGATE DEVELOPMENT
COMPANY, 1~ By.
Teresa L. Morrow ~...... Ernest
Vice-President
" By.
'" '~, Maria Clerk
City Attome'~ Office
Conditional Zoning Agreement (REZ05-0003)
Page 5
OWNER'S ACKNOWLEDGEMENT
State of , County of ss:
This instrument was acknowledged before me on the __ day of ,2005 by
Teresa L. Morrow, as Vice-President of Southgate Development Company, Inc.
Notary Public in and for the State of Iowa
-...
CITY OF IOWA C TY AcKNo' O' O~LEDGEMENT:
State of' Iowa, County of'Johnson, ss:
On this. day of , 2005, before me,'"ti~e undersigned, notary public for the state of low~,
personally appeared Ernest W. Lehman and MatUre K. Kart, personally l~ow'~, who, being by me
duly sworn, did say that they are the Mayor and C~t.y Clerk . of the City of Iowa City, Iowa,
executing the within and foregoing instrument; the seal of said corporation
by authority of its City Council; and that the said City Clerk acknowledged the execution of
said instrument to be the voluntary act and deed by it and by them voluntarily
executed.
Notary Public for the Sta~f Iowa
Ppdadmin\agt\CZA-REZ05-0003 Soufl~gate.doc
Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ05-00008)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 3.16 ACRES FROM INTERIM DEVELOPMENT
RESIDENTIAL ZONE (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (RS-5) FOR
PROPERTY LOCATED EAST OF HIGHWAY 218 AND SOUTH OF MELROSE AVENUE
WHEREAS, Dav-Ed Limited has applied for a rezoning of approximately 3.16 acres of property from ID-RS to
RS-5; and
WHEREAS, said property is located on the south side of Melrose Avenue and east of Highway 218; 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL. Attached hereto and incorporated herein, the property described below is hereby
reclassified from Interim Development Residential Zone (ID-RS) to Low Density Single-Family Residential zone (RS-
5):
Commencing at the Northwest corner of Galway Hills Subdivision - Pad Two, in accordance with the Plat
thereof recorded in Book 35, at Page 269 of the records of the Johnson County Recorder's Office; Thence
S57°15'00"E, along the Southerly Right-of-Way line of Melrose Avenue, 35.44 feet; Thence S84°47'00"E, along
said Southerly Right-of-Way line, 121.65 feet, to the POINT OF BEGINNING; Thence S00°23'00"E, 628.70 feet,
to a point on the Northeasterly Right-of-Way line of Highway No. 218; Thence N43°21'50"W, along said
Northeasterly Right-of-Way line, 189.34 feet; Thence N30°16'13"VV, along said Northeasterly Right-of-Way line,
365.14 feet; Thence N25°31'06'~N, along said Northeasterly Right-of-Way line, 180.67 feet, to its intersection
with the said Southerly Right-of-Way line of Melrose Avenue; Thence N88°08'02"E, along said Southerly Right-
of-Way line, 387.90 feet, to said POINT OF BEGINNING; containing 3.16 acres, and subject to easements and
restrictions of record.
SECTION I1. 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 IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City
Clerk is hereby authorized and directed to certify a copy of this ordinance 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.
Passed and approved this .__ day of ., 20
MAYOR
ATTEST:
CITY CLERK
dity ~,~torne~s Office ppdadrn/ord/REZ05-OOOOg.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 8 / 2 / 0.5
Voteforpassage: AYES: 0'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott,
Lehman. NAYS: None. ABSENT: None.
Second Consideration 8 / 16 / 05
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott,
Lehman. NAYS: None. ABSENT: None.
Date published
MANAGEMENT
August 9, 2005
RE: Saddlebrook Addition Part 1, Lot 3, Preliminary PDH-12 Plan. Town Center at
Saddlebrook
Mr. Mayor and City Council Members
Thank you for your support and kind words at the City Council meeting on Tuesday,
August 2, 2005. We feel the Town Center at Saddlebrook will enhance the living
experience for all of the residents of Saddlebrook.
We respectfully request that Council consider combining the second and third reading for
this project at the Council meeting scheduled for Tuesday, August 16, 2005.
Thank you for your support.
Respectfully,
Steve Gordon
VP of Development
AM Management
805 S. Gilbert Street Iowa City, Iowa 52240
ph: 319.354.1961 fax: 319.351.0070
www.ammanagement.net
Prepared by: Jeffrey Banks, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5230 (REZ05-00009)
ORDINANCE NO. 05-417!
AN ORDINANCE REZONING APPROXIMATELY 2.72 ACRES FROM RESIDENTIAL
FACTORY-BUILT HOUSING (RFBH) ZONE, TO PLANNED DEVELOPMENT
HOUSING-HIGH DENSITY SINGLE-FAMILY (PDH-12) ZONE, FOR PROPERTY
LOCATED WEST OF HEINZ ROAD (REZ05-00009).
WHEREAS, the property owner, The Stables LLC, has requested a rezoning to allow the
construction of a two-story, mixed-use development which includes 30 residential
units and 9,000 square feet of commercial space in an area currently zoned RFBH;
and
WHEREAS, the Planning and Zoning Commission has found that the proposed Planned
Development Overlay (PDH-12) plan provides several attractive design features
including clustered development, parking located behind the buildings and a central
green area; and
WHEREAS, the Planning and Zoning Commission has found the planned development
compatible with surrounding land uses; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the
proposed PDH-12 plan,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I. APPROVAL. The pamel described below is hereby reclassified from its
current zoning designation of Residential Factory Built Housing (RFBH), to Planned
Development Housing-High Density Single Family (PDH-12) and the associated
preliminary planned development housing plan is approved:
A podion of the Lot 3 of the Saddlebrook First Addition, Pad 1 in Iowa City, Iowa,
as recorded in Recorder's Plat Book 37 - Page 94 lying in the E % SW ¼ and the
SE ¼ of Section 24, T. 79 N., R. 6 W., of the 5th P.M., Johnson County, Iowa,
described as follows:
Beginning at the NW corner of said Lot 3; thence N89°56'44"E - 235.51 feet
along the north line of said Lot 3; thence S09°42'27"E - 349.64 feet along east
line of said Lot 3; thence southerly - 99.20 feet along said east line of Lot 3 along
a 2007.00 foot radius curve concave easterly with a central angle of 2037'56" and
a chord of S11°01'25'' - 92.19 feet; thence S89°54'36"W - 311.41; thence
N00°05'36'' - 435.39 feet along the west line of said Lot 3 to the Point of
Beginning. Said parcel contains 2.72 acres.
SECTION I1. VARIATIONS. Section 14-6J-2-D-7of the City Code provides that
combinations of land uses are permitted, including single family, multi-family and
commercial, and Section 14-6J-2-B of the City Code provides for flexibility in
architectural design, placement and clustering of buildings, use of open space, traffic
circulation and parking, and related site and design considerations. The following
waivers are approved as part of the preliminary PDH plan for the area:
a. The development of a commercial and multi-family residential structure in the
RS-12 zone.
b. The requirement that buildings be separated by horizontal distance equal to
the height of the highest building, to allow the proposed clustering shown on
the PDH plan.
Ordinance No. 05-4171
Page 2
SECTION II. ZONING MAP. The Building Official is hereby authorized and directed to
change the zoning map of the City of Iowa City, Iowa, to conform to this amendment
upon the final passage, approval and publication of this ordinance as provided by
law.
SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized
and directed to certify a copy of this ordinance and a copy of the Preliminary OPDH
Plan for this Property, and record the same in the Office of the County Recorder,
Johnson County, Iowa, at the Owner's expense, upon the final passage, approval
and publication of this ordinance, 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 affer its final
,~age, approval and publication, as provided by law.
P~l~se~/and ap~ved this,~L~y of .6,,,E11~:'F ,200~
CI~Y C~RK
Cit~ A(t~rn~y's ~ice ~
Ordinance No. 05-4171
Page 3
It was moved by Bailey and seconded by Champion that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x EllioR
x Lehman
x . O'Donnell
× Vanderhoef
× Wilburn
First Consideration 8/2/05
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman,
O'Donnell. NAYS: None. ABSENT: None.
Second Consideration ............
Vote for passage:
Date published
Moved by Vanderhoef, seconded by Bailey, 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: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman,
0 ' Donnell. NAYS: None. ABSENT: None.
7
Prepared by: Karin Franklin, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5232
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 1-9-3B OF THE CODE OF ORDINANCES OF IOWA CITY,
AND AMENDING THE BOUNDARIES OF CERTAIN VOTING PRECINCTS IN IOWA CITY TO
REFLECT VARIOUS BOUNDARY CHANGES TO THE CORPORATE LIMITS OF IOWA CITY.
WHEREAS, various boundary changes to the corporate limits of Iowa City have rendered the codified
voting precincts inaccurate; and
WHEREAS, while much of the land involved in the boundary changes is largely undeveloped, one
residential unit adjacent to Precinct 7 has been annexed and is affected; and
WHEREAS, it is appropriate and in the public interest to revise the boundaries of Precincts 8, 9 and 13
to reflect various boundary changes to the corporate limits of Iowa City; and
WHEREAS, while the annexed residential unit adjacent to Precinct 7 is affected, due to the codified
description of Precinct 7, no formal ordinance amendment is necessary to add that residential unit to
Precinct 7.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Section 1-9-3B(8) of the Code of Ordinances of Iowa City is hereby
amended by deleting said section and adopting in lieu thereof the following:
8. Precinct 8: Beginning at the intersection of Westwinds Drive and Mormon Trek Boulevard;
south on Mormon Trek Boulevard to the north right-of-way line of Highway 1: west on the north
right-of-way line of Highway 1 to Kitty Lee Road and the corporate limits of Iowa City;
northwesterly following the Iowa City corporate limits to Melrose Avenue; east on Melrose Avenue
to Westwinds Drive; south and east on Westwinds Drive to the point of beginning.
Section 1-9-3B(9) of the Code of Ordinances of Iowa City is hereby amended by deleting said
section and adopting in lieu thereof the following:
9. Precinct 9: Beginning at the intersection of Mormon Trek Boulevard and Melrose Avenue; east
on Melrose Avenue to Westgate Street; south on Westgate Street to Keswick Drive; south on
Keswick Drive to Benton Street; east on Benton Street to Teg Drive; south and east on Teg Drive
and Aber Avenue to Sunset Street; south on Sunset Street to the south right-of-way line of
Highway 1; west along the south right-of-way line of Highway 1 to the east right-of-way line of
Highway 218 at Highway 1; south along the east right-of-way line of Highway 218 to the corporate
limits of Iowa City; south, west and north along the corporate limits of Iowa City to the north right-
of-way line of Highway 1; east on the north right-of-way line of Highway 1 to Mormon Trek
Boulevard; west and north on Mormon Trek Boulevard to the point of beginning.
Section 1-9-3B(13) of the Code of Ordinances of Iowa City is hereby amended by deleting said
section and adopting in lieu thereof the following:
13. Precinct 13: Beginning at the intersection of Benton Street and Miller Avenue; south on Miller
Avenue to Highway 1; east on Highway 1 to the Iowa River; south on the Iowa River to the south
corporate limits of Iowa City; south and west along the corporate limits of Iowa City to the east
right-of-way line of the CRANDIC railroad and the Iowa City corporate limits, north following the
Iowa City corporate limits to south of the airport; continuing west and north along the corporate
limits to the east right-of-way line of Highway 218; north along the east right-of-way line of
Highway 218 to the south right-of-way line of Highway 1; east on the south right-of-way line of
Ordinance No.
Page 2
Highway 1 to Sunset Street; north on Sunset Street to Benton Street; then east on Benton Street
to the point of beginning.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of ,20
MAYOR
ATTEST:
CITY CLERK
ppdadm/ord/amend-precincts.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 8 / ! 6 /05
Voteforpassage: AYES: Lehman, 0'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Elliott. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Date: July 25, 2005
To: City Council
From: Anissa Williams, JCCOG Traffic Engineering Planner~)
Re: Item for August 16 City Council Meeting
A traffic study was performed on Court Street east of Lindemann Drive at the request of the City
Engineer, who is a resident of Windsor Ridge, to determine if the existing 25 mph posted speed
is the appropriate speed limit for this portion of Court Street.
As a result of the traffic study, it was determined that the 85th percentile speed is 39 mph. This
means 85% of motorists are traveling 39 mph or slower. Traffic Engineers use the 85th
percentile speed to set the posted speed limit because it has been shown statistically to be the
speed of a "safe and reasonable" motorist.
After reviewing the 85~h percentile speed, the roadway geometry and the collision history in this
corridor, we recommend the posted speed limit on Court Street between Lindemann Drive and
Arlington Drive be changed to 35 mph. This is consistent with Scott Boulevard. We do not
expect this change in the posted speed limit to significantly impact vehicle speeds on Court
Street. Similarly, a posted speed limit set too Iow will not make motorists slow down. This
change will make more motorists law-abiding citizens. The police department will continue to
enforce the posted speed limit on Court Street.
cc: Marcia Klingaman
Rick Fosse
Ron Knoche
Matt Johnson
jccogt p/mem/court-lindemann.doc
Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC,"
CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED
RESTRICTIONS," SUBSECTION B, ENTITLED "EXCEPTIONS" TO ESTABLISH THE SPEED
LIMIT ON COURT STREET EAST OF ITS INTERSECTION WITH LINDEMANN DRIVE
WHEREAS,the current speed limit on Court Street from its intersection with Lindemann Drive east to the
City limits is 25 miles per hour; and
WHEREAS, City Staff has conducted an engineering and traffic investigation and recommends that 35
miles per hour is a more reasonable, appropriate and safe speed limit for said portion of Court Street.
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:
The following provisions are added to the table currently set forth in said subsection:
Name of Street Maximum Speed Limit (MPH) Where Lim~
Court Street 35 ~:rom the intersection with Lindemann
Drive east to the City limits.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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, 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
, '7
City At~ [~'f"
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 ...............
Vote for passage:
Second Consideration g / 16 / o 5
Voteforpassage:AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman,
O'Donnell. NAYS: None. ABSENT: None.
Date published
Moved by Wilburn, seconded by Vanderhoef, 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 first consideration and vote be waived and teh ordinance be given second
consideration at this time.AYES'. O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott,
Lehman. NAYS: None. ABSENT: None.
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 8 / 16/O5
Vote for passage: AYES: Wilburn, Bailey, Champion, Lehman, O'Donnell, Vanderhoef.
NAYS: Elliott. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Ohris O'Brien, Parking Manager, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5094
Susan Dulek, Ass't. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES"
CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINE AND
PENALTIES," SECTION 8, ENTITLED "PARKING VIOLATIONS," TITLE 9, ENTITLED
"MOTOR VEHICLES AND TRAFFIC," CHAPTER 4, ENTITLED "PARKING REGULATIONS,"
SECTION 10, ENTITLED "PARKING FOR LOADING AND UNDLOADING" AND SECTION 14,
ENTITLED "ENFORCEMENT," AND ADDING NEW SECTION 15 ENTITLED "LIBRARY
PARKING" TO INCREASE AVAILABILTY OF PARKING FOR LIBRARY PATRONS, TO
ESTABLISH FINES FOR LIBRARY PARKING VIOLATIONS, AND TO PROVIDE FOR
INCREASED ENFORCEMENT OF LOADING ZONE VIOLATIONS.
WHEREAS, the City regulates and enforces parking time limits in loading zones;
WHEREAS, said loading zone regulations can presently only be enforced every two hours; and
WHEREAS, vehicles routinely violate posted time limits in loading zones thereby prohibiting others from
using the space as intended;
WHEREAS, increased regulation and enforcement of loading zones will increase the availability of those
zones for the intended purpose of conducting short term business in the City;
WHEREAS, there are seven angled, parking spots on the west side of Linn Street adjacent to the front of
the Iowa City Public Library;
WHEREAS, five of the spots should be designated for library parking only during library hours and a sixth
spot should be designated for book drop off at all times;
WHEREAS, the seventh space is presently and should remain a parking space for persons with physical
disabilities; and
WHEREAS, increased regulation and enforcement of designated library parking will increase the
availability of those spots for the intended purpose of conducting short term business at the iowa City
Public Library.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 3, entitled "City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates,
Charges, Bonds, Fines and Penalties," Section 8, entitled "Parking Violations," is hereby amended to
add the following new fees for violation of the parking spaces designated as "library parking":
Penalties for Library Parking Violations Amount of Fee, Charge,
Bond, Fine or Penalty
Library Patron Parking $10.00
Library Outside Book Drop Off $10.00 first offense
$20.00 second and subsequent offense
2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," Section 10,
entitled "Parking for Loading and Unloading," is hereby amended and will read as follows:
Enforcement: It shall be unlawful and a violation of the provisions of this Section for any owner or
driver to permit a vehicle to remain in violation of this Section. Every thirty (30) minutes that a
vehicle remains in violation after the vehicle is initially cited shall constitute a separate and distinct
offense. The fees for each such parking offense shall be provided in the schedule of fees set out
in Title 3, Chapter 4 of this code.
3. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," Section 14,
entitled "Enforcement," is hereby amended and will read as follows:
It shall be unlawful and a violation of the provisions of this chapter for any owner or driver to
permit a vehicle to remain in violation of this chapter. With the exception of Sections 10 and 15 of
this Chapter, every two (2) hours that a vehicle remains in violation after the vehicle is initially cited
shall constitute a separate and distinct offense. The fees for each such parking offense shall be
as provided in the schedule of fees set out in Title 3, Chapter 4 of this code.
Ordinance No.
Page 2
4. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," is hereby
amended to add a new Section 15, entitled "Library Parking" and will read as follows:
Designation. The six northernmost angled, parking spaces on the west side of Linn Street directly
adjacent to the front of the Iowa City Public Library are designated as "library parking" spaces.
Spaces. The "library parking" space to the far north is further designated as a "library outside book
drop off" space. The five spaces directly to the south of the "library outside book drop off" space are
further designated as "library patron parking" spaces.
Signage. Each space shall contain signage that includes said designation of "library patron
parking" and "library outside book drop off." The "library patron parking" spaces shall also contain the
hours that the Iowa City Public Library is open.
Parking. During the time the Iowa City Public Library is open, no person shall stop, stand or park
a vehicle in a "library patron parking" space except for the sole purpose of allowing a passenger to go
directly to and from the Iowa City Public Library, and said stop shall not exceed twenty (20) minutes.
At no time shall a person stop, stand or park a vehicle in the "library outside book drop off" space
except for the sole purpose of allowing a passenger to deposit a book or other item in one of the drop
off boxes located on the outside east wall of the Iowa City Public Library and to return directly to said
vehicle, and said stop shall not exceed five (5) minutes. For purposes of this section, passenger
includes the driver of the vehicle.
Violations. It shall be unlawful and a violation of the provisions of this chapter for any owner or
driver to permit a vehicle to remain in violation of the "library patron parking" or "library outside book
drop off" provision. Every ten (10) minutes that a vehicle remains in violation of said provisions after
the vehicle is initially cited shall constitute a separate and distinct offense. The fees for each such
parking offense shall be as provided in the schedule of fees set out in Title 3, Chapter 4 of this code.
Additionally, any vehicle in violation of the "library outside book drop off" provision is subject to being
towed consistent with the provisions of Title 9, Chapter 9, Section 2 of this Code.
5. Title 9, entitled "Motor Vehicles and Traffic," Chapter 9, entitled "Towing and Impoundment
Procedures," Section 2, entitled, "Towing and Impoundment of Certain Illegally Parked Vehicles" is
hereby amended by adding a new Paragraph G as follows:
Any vehicle parked in the "library outside book drop off' space in violation of Title 9, Chapter 4,
Section 15 of this Code.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION tV. EFFECTIVE DATE. This Ordinance shall be effective on September 15, 2005.
Passed and approved this day of ,2005.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
S ue/ordres/pkglibord.doc
Prepared by: Chris O'Brien, Parking Manager, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5094
Susan Dulek, Ass't. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINAI~ CES, TAXATION AND FEES"
CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINE AND
PENALTIES," SECT ON 8, ENTITLED "PARKING VIOLA'i IONS" TITLE 9, ENTITLED
"MOTOR~VEHICLES AND TRAFFIC" CHAPTER 4, ENTITLE ~ "PARKING REGULATIONS,"
SECTION '~1~, ENTITLED "PARKING FOR LOADING AND UNI)LOADING" AND SECTION 14,
ENTITL,E..D. '~FORCEMENT," AND ADDING NEW SECT]ON '15 ENTITLED "LIBRARY
PARKING" T(~NINCREASE AVAILABILTY OF PARKING I~OR LIBRARY PATRONS, TO
ESTAB~-SH FI~t~S FOR LIBRARY PARKING VIOLATIONS, AND TO PROVIDE FOR
INCREASED ENFt~EMENT OF LOADING ZONE VIOLAT~DNS.
WHEREAS, the City regulat;L~and enforces parking time limits in/{oading zones;
WHEREAS, said loading zone"r~gulations can presently only be ~nforced every two hours; and
WHEREAS, vehicle, s.rou!in.ely v~e~te posted time limits in loading zones thereby prohibiting others from
using the space as intended; ~ / . .-
W~EREAS increased regulation ant~ ~nforcement of loading/zones wilLi.n, crease the ava~labd~ty of those
.'~.'~ ~, ,~'~ i,,~,~nH~ nurnose of col g short term busifiess in the ~ity; .....
~/~/~l~'~:.~',"t~'(;r~';r~ s~ev;n angled, ,g spots on the side of Linn Street adjacent to ,ne ,rom o,
the Iowa City Public Library;
WHEREAS, five of the spots should be y parking only during library hours and a sixth
spot should be designated for book drop off at
WHEREAS, the seventh space is presently and ;main a parking space for persons with physical
disabilities; and
WHEREAS, increased regulation and enforcem( ~f designated library parking will increase the
availability of those spots for the intended purpose conducting short term business at the Iowa City
Public Library.
NOW, THEREFORE, BE IT ORDAINED BY THE C JNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS. h~te
1. Title 3, entitled "City Finances, Taxation an, Fees" C r 4, entitled "Schedule of Fees, Rates,
8 entitled '~arking Violations," is hereby amended to
Charges, Bonds, Fines and Penalties," ' aces"d~s' "' kin "'
add the following new fees for violation of parking sp ~gnated as hbrary par g.
\
Penalties for Library Parking Violations Amount of Fee, Chaise,
Bond, Fine or Penalty~
Library Patron Parking $10.00 ',
Library Outside Book Drop Off $10.00 first offense \~
$20.00 second and subseq'u, ent offense
2. Title 9, entitled "Motor Vehicles an¢ ," Chapter 4, entitled "Parkir~ Regulations," Section 10,
entitled "Parking for Loading ~ ~ is hereby amended and will read ~hi follows:
Enforcement: It shall be (~ and a v olation of the provisions of this~ection for any owner or
driver to permit a vehicle to ,main in violation of th s Section. Every th'~y (30) minutes that a
vehicle remains in violation ;r the vehicle is initially cited shall constitute a',~eparate and distinct
offense. The fees for each uch parking offense shall be provided in the schedule of fees set out
in Title 3, Chapter 4 of this
3. Title 9, entitled "Motor Vehic and Traffic," Chapter 4, entitled "Parking Regulations," Section 14,
entitled "Enforcement," is hereby amended and will read as follows:
It shall be unlawful and a violation of the provisions of this chapter for any owner or driver to
permit a vehicle to remain in violation of this chapter. With the exception of Sections 10 and 15 of
this Chapter, every two (2) hours that a vehicle remains in violation after the vehicle is initially cited
shall constitute a separate and distinct offense. The fees for each such parking offense shall be
as provided in the schedule of fees set out in Title 3, Chapter 4 of this code.
Ordinance No.
Page 2
4. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," is hereby
amended to add a new Section 15, entitled "Library Parking" and will read as follows:
Designation. The six northernmost angled, parking spaces on the west side of Linn Street directly
adjacent to the front of the Iowa City Public Library are designated as "library parking" spaces.
Spaces. The "library parking" space to the far north is further designated as a "library outside book
drop off" space. The five spaces directly to the south of the "library outside book drop off space" are
further designated as "library patron parking" spaces.
Signage. Each space shall contain signage that includes said designation of "library patron
parking" and "library outside book drop off." The "library patron parking" spaces shall also contain the
hours that the Iowa City Public Library is open.
Parking. During the time the Iowa City Public Library is open, no person shall stop, stand or park
a vehicle in a "library patron parking" space except for the sole purpose of allowing a passenger to go
directly to and from the Iowa City Public Library, and said stop shall not exceed twenty (20) minutes.
At no time shall a person stop, stand or park a vehicle in the "library outside book drop off" space
except for the sole purpose of allowing a passenger to deposit a book or other item in one of the drop
off boxes located on the outside west wall of the Iowa City Public Library and to return directly to said
vehicle, and sai~s!op shall not exceed five (5) minutes. For purposes of this section, passenger
includes the driver of the vehicle.
Violations. It shall lee. unlawful and a violation of the provisions pter for any owner or
driver to permit a vehicle to..remain in violation of the "library or "library outside book
drop off" provision. Every ter~;(10) minutes that a vehicle remail violation of said provisions after
the vehicle is initially cited sha~l-,constitute a separate and di offense. The fees for each such
parking offense shall be as provi;~,.~ in the schedule of fees Title 3, Chapter 4 of this code.
Additionally, any vehicle in violation ~ the "library outside drop off" provision is subject to being
towed consistent with the provisions of'~'itle 9, Chapter ~ 2 of this Code.
5. Title 9, entitled "Motor Vehicles raffic," C! 9, entitled "Towing and Impoundment
Procedures," Section 2, entitled, lent of Certain Illegally Parked Vehicles" is
hereby amended by adding a new )llows:
Any vehicle parked in the "library drop off" space in violation of Title 9, Chapter 4,
Sect on 15 of this Code ~
SECTION II. REPEALER. All ordinances parts of o~l~.ances in conflict with the provision of this
Ordinance are hereby repealed. / ~.
SECTION IV. SEVERABILITY. f any,,~ct provision or part bf~he Ordinance shall be adjudged to be
invalid or unconstitutional, such adju~atior shall not affect the vah'd~of the Ordinance as a whole or any
section provision or part thereof .~adjudgE ~ invalid or unconstitutional.~
SECTION IV. EFFECTIVE This Ordinance shall be effective_o~nA_O~ber 1, 2005.
Passed and approved day of ,2005. ~
MAYOR
ATTEST:
City Attorney's Office
SueJord res/pkglibord.doc
Prepared by: Kevin Doyle, Asst. Transportation Planner, 410 E. Washington Street., Iowa City, IA 52240, (319) 356-5253
ORD1NANCE NO. 05-41 72
ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES,"
CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES"
SECTION 7, "PUBLIC TRANSPORTATION" TO INCLUDE SPECIAL FARES, SPECIAL
PASSES AND CHARGES FOR BICYCLE LOCKERS.
WHEREAS, to promote and encourage use of the Iowa City Transit System, certain special passes, fares
and charges have been temporarily offered to families, students, and other users; and
WHEREAS, it is in the public's interest to continue to offer these special passes, fares and charges on a
permanent basis; and
WHEREAS, the Court Street Transportation Center will provide bicycle lockers for rent on a 3 month, 6
month and 12 month basis; and
WHEREAS, Title 3, Chapter 4, Section 7 of the City Code sets out the fees, charges, bonds, fines and
penalties for public transportation services provided by the Iowa City Municipal Transit System; and
WHEREAS, an updated listing of all general fares, bus passes, special fares, special passes and charges
for using bicycle lockers at the Court Street Transportation Center should be codified.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds,
Fines, and Penalties, Section 7, "Public Transportation" is hereby amended by deleting the current
Subsection 3-4-7 in its entirety and enacting in lieu thereof a new Subsection 3-4-7 to be codified to read
as follows:
3-4-7: PUBLIC TRANSPORTATION
Description of Fee, Charge, Bond, Fine or Penalty Amount of Fee, Charge, Bond,
Fine or Penalty
Bus 'n Shop coupons 0.35
General fares and rates
Standard fare, general public 0.75
24 Hour Pass 1.50
School Field Trip 0.40
Children (K-12) 0.50
Children under 5 yrs. old Free
Bus Passes
31-day pass (Adult 18 & up) 25.00
31-day pass (Youth K-12) 20.00
Ordinance No. 05-4172
Page 2
10 ride 6.50
30 ride 19.50 ~ UI Parking Office
Bulk 31 -day pass sales 23.00
Replacement fee for lost or damaged bus pass 2.00
Special fares
Saturday Family Fare .75 for 2 adults & 2 children
Elderly persons (60+ years) .35 non peak hours
Special Passes
3 l-day Low income 20.00
Low income elderly Free non-peak hours
Persons with disabilities Free non-peak hours
U of I Semester Pass 80.00 (pro-rated) purchase ~ UI Parking Office
Kirkwood Semester Passes 80.00 (pro-rated) purchase at Kirkwood Bookstore
Youth Semester pass 80.00 (pro-rated)
City employee 3 l-day bus pass half price of regular 31-day fee (1 per month)
Charges for use of facilities and/or personnel
Use of city transit vehicle and/or operator Fully allocated cost, plus fuel tax surcharge
Bicycle Lockers
20.00 for 3 months plus 25.00 key deposit
35.00 for 6 months plus 25.00 key deposit
60.00 for 12 months plus 25.00 key deposit
(Ord. 96-3733, 5-28-1996; amd. Ord. 96-3749, 9-10-1996; Ord. 04-4115, 3-16-2004)
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole
or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication.
Passed and approved this 16~hday of August ,2005~ ~1_ ~ ~/_ _..,,_
Approved by: ~ .~
C~ ~to~ney;s Office 'CITY CLERK
Ordinance No. 05-4172
Page 3
It was moved by Wilburn and seconded by O'Donnel] 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
× Wilburn
First Consideration 8 / 2 / 05
Vote for passage: AYES :Wilburn, Bailey, Champion, Elliot t, Lehman, O' Donnell,
Vanderhoe f. NAYS: None. ABSENT: None.
Second Consideration ...............
Vote for passage:
Date published 8/24/05
Moved by Wilburn, seconded by Bailey, 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 t~e ordinance be voted
upon for final passage at this time. AYES: Bailey, Champion, Elliott, Lehman, 0'Donnell,
Vanderhoef, Wilburn. NAYS: None. ABSENT: None.
Prepared by: Jeff Davidson, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356;5252
ORDINANCE NO. 05-4173
AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC", CHAPTER 7,
ENTITLED "VEHICLE SIZE, WEIGHT AND LOAD," TO RESTRICT LARGE TRUCK TRAFFIC ON
COURT STREET FROM THE INTERSECTION OF SUMMIT STREET TO THE INTERSECTION OF
MUSCATINE AVENUE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. PURPOSE. The purpose of this amendment is to restrict large truck traffic on Court Street
from the intersection of Summit Street to the intersection of Muscatine Avenue.
SECTION II. AMENDMENT. Section 9.7.4(B) is hereby amended by deleting Paragraph 2 and
substituting in lieu thereof:
9.7.4(B)(2) No truck or other commercial vehicle with a license of over 16 tons, except those specifically
exempted herein, shall be operated on Kirkwood Avenue and Lower Muscatine Road from the intersection
of Kirkwood Avenue with Gilbert Court to the intersection of Lower Muscatine Road with Sycamore Street, or
on First Avenue from the intersection with Scott Boulevard to the intersection with D Street, or on Court
Street from the intersection with Summit Street to the intersection with Muscatine Avenue.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, prevision 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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
~ .P .~~,d and approved this 1 ~h day of ^~E~]~t ,2005.
'I~AYOR '"~ ' 7~ ~ ''~
ATTEST: ,/,//{,~,~.-) · ~
CITY CLERK
Approved~~~ 3r _ ~ ~ -0¢
City Attorney's Office
ppdadm/ord/974B2amend.doc
Ordinance No. 05-4173
Page 2
It was moved by Vanderhoef and seconded by Bailey that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x EIliott
× Lehman
× O'Donnell
x Vanderhoef
x Wilbum
First Consideration 8/2/05
Vote for passage: AYES: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Second Consideration ...................
Vote for passage:
Date published. 8/24/05
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 final]
passed be suspended, the second consideration and vote be waived and the ordinance be voted upon
for final passage at this time. AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: None. ABSENT: None.
Steve Atkins
From: Matt Johnson
Sent: Wednesday, August 10, 2005 3:05 PM
To: Steve Atkins
Subject: Court Street directed patrol.doc
Attachments: image001 .png
MEMORANDUM
TO: Steve Atkins, City Manager
FROM: Capt. MC. Johnson, Field Operations
RE: Directed Patrol, Court Street
DATE: August 10, 2005
Starting July 21,2005 to date, Iowa City Police officers have conducted directed patrol
operations on Court Street between Summit Street and Muscatine Avenue a total of 19 times.
As a means of explanation, on these occasions, officers went out of service and conducted
traffic enforcement operations solely in this area. During these periods of directed patrol,
officers issued 10 citations and 7 warnings. On six of these occasions, officers conducted
traffic counts and averaged speeds. The average speed logged during those observations was
slightly under 26 miles per hour.
8/10/2005
ea! tate :oun e or
· C.R.B. Certified Residential Broker Sales · Residential
· G.R.I. Graduate Realtors Institute Appraisals
· A.R.A. Accredited Rural Appraiser Farm Management
Farm Sales
· M,S.A. Master Senior Appraiser
July 29, 2005
Ernie Lehman, Mayor
and Iowa City Council Members
410 E. Washington Street
Iowa City, Iowa 52240
Dear Council Members'
This is a note to express our appreciation to you in listening to our pleas on the
Court Street traffic issue. It is a serious issue to us and we believe for the whole.~
community.
Since the Council Meeting and apparent verbal or assumed imposition of reasonable
speed limit, this week alone I personally have seen two people stopped for speeding
and my neighbor John Hanson has also witnessed two others. We feel that maybe
disturbing to some. but lawful and most probably correct.
Your continued response to our concerns is very much appreciated.
Sincerely,
Robert C. Crane. ARA, CGA & MSA
President, Crane & Associates, Inc.
Resident of 1154 E. Court Street
916 Maiden Lane Iowa City, Iowa 52240 (319) 354-4100 fax (319) 358-2134
Hayes Lorenzen Lawyers
James P. Hayes
Karen A. Lorenzen*
Iulia C. Albul August 3, 2005
Iowa City Council
410 E Washington Street
Iowa City, IA 52240
Dear Members of the Iowa City Council:
I want to thank you for your response to our petition to you
concerning the traffic problem on our section of Court Street in the
Longfellow Historic District.
It is my understanding that you have taken action to restrict truck
traffic and to order enforcement of the speeding and stop sign
violations on the street. It is my further understanding that you will
review the situation in three months for an assessment of success in
these measures.
I join my neighbors in expressing appreciation for your action and
your willingness to continue looking at the situation so that our
residential street becomes safer and quieter and more in keeping with
the neighborhood character.
With kindest personal regards, I am
Sincerely,
JPH/cag
Suite 580
Plaza Centre One
125 S. Dubuque Street
Iowa Ci~, IA 52240-5678
Phone: 319 887 3688
Fax: 319 887 3687
jhayes@hlplc, com
klorenzen@hlplc.com
ialbul@hlplc.corn
* Aho admitted in Florida
Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 05-4174
AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3,
ENTITLED "RULES OF THE ROAD," BY AMENDING SECTION '~2 THEREIN TO MODIFY LANE USE
CONTROL AND PAVEMENT MARKINGS ON MELROSE AVENUE FROM UNIVERSITY HEIGHTS TO
BYINGTON ROAD.
WHEREAS, in connection with the Grand Avenue Improvement Project Melrose Avenue is being
reconstructed and widened between Melrose Court and South Grand Avenue to provide for dedicated left-
turn lanes for eastbound traffic turning north onto South Grand Avenue and westbound traffic turning south
onto Melrose Court, and in connection therewith Melrose Avenue is to be designated a one-way street from
South Grand Avenue to Byington Road; and
WHEREAS, by Ordinance No's. 97-3807 and 98-3827, lane designations and appropriate pavement
markings at this location are incorporated into City Code; and
WHEREAS, the reconstruction of Melrose Avenue between Melrose Court and South Grand Avenue,
and designating Melrose Avenue one-way from South Grand Avenue to Byington Road is necessary to
accommodate traffic volume, and therefore in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 9, entitled "Motor Vehicles in Traffic," Chapter 3, entitled "Rules of the
Road," Section !2 is hereby amended to read as follows:
Melrose Avenue from University Heights to Melrose Court shall consist of two (2) 11' travel lanes,
one (1) 11' center left turn lane, and one (1) 7' shoulder on each side of the traveled way,
including pavement markings identifying such lane usage, except east of the intersection with
Hawkins Drive where one (1) right turn lane for westbound traffic will be included, Melrose Avenue
from Melrose Court to South Grand Avenue shall consist of two (2) 11' travel lanes, two (2)
dedicated left-turn lanes for eastbound traffic turning north on to South Grand Avenue and
westbound traffic turning south on to Melrose Court, and one (1) 7' shoulder on each side of
the traveled way, including pavement markings identifying such lane usage, and Melrose Avenue
from S. Grand Avenue to Byington Road shall consist of two (2) one-way, eastbound 11' travel
lanes and one (1) 5' shoulder on each side of the traveled way, including pavement markings
identifying such lane usage.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION Ill. 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.
August ,2005
CITY C'"t. ERK
Approved by ,,,.]_
City Attorney s~ Office
mitch/C/Melrose/secl 2amend-oral.doc
Ordinance No. 05-4174
Page 2
It was moved by Champion and seconded by o' Donnell that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYs: ABSENT:
X Bailey
x Champion
x Elliott
× Lehman
× O'Donnell
x Vanderhoef
~ Wilburn
First Consideration
Vote for passage:
Second Consideration 8/2/05
Voteforpassage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman,
O' Donnell. NAYS: None. ABSENT: Nays.
Date published 8/24/0.5
Moved by Vanderhoef, seconded by Elliott, 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 first consideration and vote be waived and the ordinance be
given second consideration at this time. AYES: O~Donnell, Yanderhoef, Wilburn, Bailey,
Champion, Elliott, Lehman. NAYS: None. ABSENT: None.
Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC,"
CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED
RESTRICTIONS," SUBSECTION B, ENTITLED "EXCEPTIONS" TO ESTABLISH THE SPEED
LIMIT ON SOCCER PARK ROAD FROM ITS INTERSECTION WITH LEHMAN AVENUE TO
THE ENTRANCE OF THE SOCCER PARK
WHEREAS, the current speed limit on Soccer Park Road is from its intersection with Lehman Avenue to
the entrance of the soccer park is 45 miles per hour; and
WHEREAS, City Staff has conducted an engineering and traffic investigation and recommends that 30
miles per hour is a more reasonable, appropriate and safe speed limit for said portion of Soccer Park
Road.
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:
The following provisions are added to the table currently set forth in said subsection:
Name of Street Maximum Speed Limit (MPH) Where Limit Applies
Soccer Park Road 30 From the intersection with Lehman
Avenue to the entrance of the Soccer
Park.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of ,2005.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's ~ffice
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 8/16/05
Vote for passage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn,
Bailey. NAYS: None. ABSENT: None.
Se _cond Consideration
Vote for passage:
Date published