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HomeMy WebLinkAbout2005-12-13 Ordinance b. b) Prepared by: Mitchel T. Behr, Assl. City Attorney, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE" BY: REPEALING CHAPTERS 4, 6 AND 9 AND REPLACING THEM WITH THE NEW TITLE 14 ZONING CODE, AMENDING PORTIONS OF CHAPTERS 1, SAND 7, RENUMBERING CHAPTERS 1, 2, 3, S, 7, 8, 10 AND ii, AND REPEALING CHAPTER 12. WHEREAS, the Comprehensive Plan provides a vision for future development of Iowa City's neighborhoods, commercial and industrial districts and public spaces; and WHEREAS, the Plan envisions healthy neighborhoods providing an array of housing options for the city's diverse population, preservation of historic neighborhoods and landmarks, attractive and vibrant commercial districts, economically sound industrial districts, preservation of environmental assets and accessible trails, parks and open space; and WHEREAS, the Zoning Code adopted in 1983 does not contain the tools necessary to implement the vision of the Comprehensive Plan; and WHEREAS, after considerable deliberation and public discussion, the Planning and Zoning Commission has recommended approval of a new Zoning Code based on the Comprehensive Plan; and WHEREAS, the City Council wishes to update the Zoning Code to implement the Comprehensive Plan; and WHEREAS, it is necessary to amend other chapters of the Code to be consistent with the proposed Zoning Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A By repealing Title 14, "Unified Development Code," Chapter 4, Land Control and Development," Chapter 6, "Zoning," and Chapter 9, "Development Fees," and substituting in lieu thereof the "TITLE 14, ZONING CODE" attached hereto and incorporated herein by this reference. B. By renumbering Title 14, Chapter 8, "Airport Zoning," to Title 14, Chapter 6 within the ''TITLE 14, ZONING CODE" attached hereto. C. By renumbering and renaming Title 14, Chapter 7, "Land Subdivision" and amending it as follows: 1. Section 14-70-2 is deleted in its entirety and substituted in lieu thereof is the following: "As a condition of approval for residential subdivisions, commercial subdivisions containing residential uses, and planned developments, the applicant shall dedicate land, pay a fee in lieu of land, or a combination thereof, for park, greenway, recreational and open space purposes, as determined by the City and in accordance with the provisions of Article 14-5K, Neighborhood Open Space Requirements. 2. Sections 14-70-3, 14-70- 4, 14-70-5 and 14-70-6 are deleted in their entirety. D. By renumbering Title 14, Chapter 1, "Streets, Sidewalks and Public Right of Way" and amending it as follows: 1. Section 14-1A-7 is deleted in its entirety and substituted in lieu thereof is the following: "No person shall construct or cause to be constructed any encroachment into or over the public right of way, except as specifically allowed by City Code. For any such encroachment into or over the public right of way that is specifically allowed by City Code, including signs, buildings, and other structures, a Use of Public Right-Of-Way Agreement must be signed by the property owner and approved by the City as a part of the approval process." 2. Section 14-1 B is deleted in its entirety and substituted in lieu thereof is the following: Before any person shall cut any curb on any street in the City, the person shall first obtain an Access Permit from the Department of Public Works, which permit shall be issued only on condition that the curb cutting be done in accordance with the provisions of Article 14-5C of the City Code, Access Management Standards. 3. Section 14-1C-2 is deleted in its entirety and substituted in lieu thereof is the following: Sidewalks must be located within the public right-of-way so that the line of the inner edge of the sidewalk is one foot from the property line. In cases where there is practical difficulty meeting this location standard, the City Engineer may modify the location of a sidewalk. ----_._._._---_._-~_._--_._~._-~-----------_.._--------- --------- .,--..-------...-- ._------------_.~_. "----,,--,---,.~~._--- Ordinance No. Page 2 4. Section 14-1C-3A is deleted in its entirety and substituted in lieu thereof is the following: Sidewalks must be constructed, reconstructed and repaired in accordance with the Iowa City Municipal Design Standards, as amended. 5. Section 14-1C-3C is deleted in its entirety and substituted in lieu thereof is the following: The City Engineer may order the repair, replacement, or reconstruction of a public sidewalk upon written notice and as provided by State Law. Such order and written notice shall constitute issuance of a permit as required in subsection B, above. 6. Section 14-1E-1 is deleted in its entirety. 7. Section 14-1E-2 is renumbered to 14-1E-1 and amended by deletion of the definitions for "Sign" and "Signs in Public Places" and substitution in lieu thereof the following definitions: "SIGN: As defined in Article 14-9C, Sign Definitions" and "PUBLIC PLACE: Any public street, way, place, alley, sidewalk, park, square, plaza and City-owned right of way or any other public property owned or controlled by the City and dedicated for public use." 8. Section 14-1E-3 is deleted in its entirety and substituted in lieu thereof as section 14-1E-2 is the following: "RESTRICTIONS: No privately-owned signs shall be placed on or over a public place, except as provided for in Section 14-5B-10 of the City Code." 9. Section 14-1E-4 is deleted in its entirety. E. By renumbering Title 14, Chapter 2, "Public Utilities and City Right of Way." F. By renumbering Title 14, Chapter 3, "City Utilities." G. By renumbering Title 14, Chapter 10, "Standards For Public Works Improvement Projects." H. By renumbering Title 14, Chapter 11, "Penalties." I. By deleting Title 14, Chapter 12, in its entirety. J. By renumbering Tttle 14, Chapter 5, "Building and Housing" and amending it as follows: 1. Section 14-5H is deleted in its entirety, and substituted in lieu thereof is the "SITE PLAN REVIEW" attached hereto and incorporated herein by this reference. SECTION II. ZONING MAP. Upon final passage, approval and publication of this Ordinance, as provided by law, because this ordinance renames "ResidentiaVOffice Zone (RIO)" to "Mixed Use Zone (MU)", "Neighborhood Conservation Residential Zone (RNC-12)" to "Neighborhood Stabilization Residential Zone (RNS-12)", "Neighborhood Conservation Residential Zone (RNC-20)" to "Neighborhood Stabilization Residential Zone (RNS-20)", and "Public Zone (P)" to "Neighborhood Public Zone (P-1)" and "Institutional Public Zone (P-2)," the Building Official is hereby authorized and directed to change references on the zoning map of the City of Iowa City, Iowa, accordingly. 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. Passed and approved this _ day of , 20 . ATTEST: CITY CLERK Approved by Ci!L~r -~ 1,).-13-0-5 MAYOR S:ATT/ILEGAlJM~chlBlZoning Code Rewr~elOrdinancellZoning Code Enabling Ordinance MTB 12.7.05 CLEAN REVISED 12 13 05 Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 12/12/05 Vote for passage: AYES: Bailey, Champion, Lehman, O'Donnell, Vanderhoef, Wilburn. NAYS: Elliott. ABSENT: None. Second Consideration 12113/05 Vote for passage: AYES: Champion, Bailey, Elliott, Lehman, 0' Donnell, Vanderhoef, Wilburn. NA~S: None. ABSENT: None. Date published ZONING CODE TEXT Final text on file in the City Clerk's office December 8, 2005. Actual text in special meeting folder of December 15. Electronically under "ordinance" subfolder. #=~ 404 E. Bloomington Iowa City, Iowa 52245-2800 IOWA CITY ALLERGY AND ASTHMA CLINIC John Kammermeyer, M.D. Allergist Phone (319) 354-7014 Fax (319) 354-3196 Attention: Iowa City City Council The attached letters objecting to changes for the CO-I zone in the new proposed zoning code represent 82% (18 of22) private owners ofland (excluding land owned by Mercy Hospital) in the CO-I zone around Mercy. This represents 74% of the land area owned privatelv in the COol zone around Mercy. "> 0 = = ~~? "" = rT"j J ("") 11 C) -<. =-1 c.:; w ~ .:-< r- ill IT :?2 B:xj ,-, - ....J <.""A .t- :& .t- O"> 4-17-1999 3,40AM FROM NOWYSZ-IOWACITY 319 338 8749 P.l t2/t2/2005 MON i:t3 FAX ""\lVI.I \/1.1' December 2005 Dea;r Councilors, 1 own property in the CO-I zone around Mercy HospiW. I am asking you to please remove the increased restrictions in thc new proposed zoning code for office development in the COol zone, if the CO property adjoins a residential zone. Also, I am asking you to remove lhe fullowillg statement in the new proposed zoning code: "Location and dimensional standards fur drivewavs: The City will gmnt lot access to local or collector streets that are non-residential in nature based on the size of the non-residential development, the type of use, the anticipated traffie, the location, and the surrounding land uses, and the availability of cross access easements, or alley or private rear lane access. Based on those factors, the City will decide the number, location and design of the access points." Any property owner with a lot fronting on a street should be allowed at least one driveway access to that street. ~_N.W~ 431 E. Market r-o 0 = = ~O "" 0 .Y" _I ,..., '" " 11 ~-, , / =-..:{C:' w ,-- ..:-< r--- m rn -u O;J:J - .---, - \-.-J' ..- /' r- ~ r- en *&6 404 E. Bloomington Iowa City, Iowa 52245-2800 IOWA CITY ALLERGY AND ASTHMA CLINIC John Kammermeyer, M.D. Allergist Phone (319) 354-7014 Fax (319) 3 - 196 Attention: Iowa City City Council The attached letters objecting to c nges for the CO-1 zone in the new proposed zoning code r resent 77% ( 17 of 22 ) rivate owners of land ( exclud' g land owned by Mercy Hospital in the CO-1 zone ound Mercy. This represents 72% of the land area owned ivatel in the CO-1 zone around Mercy. ~ 0 <=> c.r> :;Eo CJ rn -n ):"' _oj " - 0-- "" \- -:-i-', IT! :2' r- -0 0 -. \'T\ :x -::0 0-- - ~/' .. );; C> ..0 Ge-. feD cd December 2005 Dear Councilors, I own property in the CO-l zone around Mercy Hospital. I am asking you to please remove the increased restrictions in the new proposed zoning code for office development in the CO-l zone, if the CO property adjoins a residential zone. Also, I am asking you to remove the following statement in the new proposed zoning code: "Location and dimensional standards for driveways: The City will grant lot access to local or collector streets that are non-residential in nature based on the size of the non-residential development, the type of use, the anticipated traffic, the location, and the surrounding land uses, and the availability of cross access easements, or alley or private rear lane access. Based on those factors, the City will decide the number, location and design of the access points." Any property owner with a lot fronting on a street should be allowed at least one driveway access to that street. Sincerely, Ga ry Stetze 1 For Tanner Enterprises 121 N. Van Buren () ~ -~.Q '.; ,) ....~ '", \ ._....1(\ .~/......::: -".0 '-.Jr.. ~~. .:&"" ~ ;i2; ~ ~ <') ...... '0 c:., I~ ~ /1-1 ::- i:J ~ December 2005 Dear Councilors, I own property in the CO-I zone around Mercy Hospital. I am asking you to please remove the increased restrictions in the new proposed zoning code for office development in the CO-I zone, if the CO property adjoins a residential zone. Also, I am asking you to remove the following statement in the new proposed zoning code: "Location and dimensional standards for drivewavs: The City will grant lot access to local or collector streets that are non-residential in nature based on the size of the non-residential development, the type of use, the anticipated traffic, the location, and the surrounding land uses, and the availability of cross access easements, or alley or private rear lane access. Based on those factors, the City will decide the number, location and design of the access points." Any property owner with a lot fronting on a street should be allowed at least one driveway access to that street. Sincerely, Jt:lip. 620 E. Bloomington 626 E. Bloomington 630 E. Bloomington (} ifo -= -.{ C), ~. -'...JC) .~ r--: 6!J] ff~ _ -. <:::> 10 f:g Sf !'i? c-, - c...> ~ )) /-.::. fJ December 2005 Dear Councilors, I own property in the CO-I zone around Mercy Hospital. I am asking you to please remove the increased restrictions in the new proposed zoning code for office development in the CO-I zone, if the CO property adjoins a residential zone. Also, I am asking you to remove the following statement in the new proposed zoning code: "Location and dimensional standards for drivewavs: The City will grant lot access to local or collector streets that are non-residential in nature based on the size ofthe non-residential development, the type of use, the anticipated traffic, the location, and the surrounding land uses, and the availability of cross access easements, or alley or private rear lane access. Based on those factors, the City will decide the number, location and design of the access points." Any property owner with a lot fronting on a street should be allowed at least one driveway access to that street. Sincerely, r.~~ Francis & Carol Sueppel 424 E. Bloomington a ffo ~~ .::::;: --. 0,,,] Ji:> .:::-: C')I ..~".Q ...... ~ '" r-;.., c" ~I ff5l(' ~ ,S; ::- D & December 2005 Dear Councilors, I own property in the CO- I zone around Mercy Hospital. I am asking you to please remove the increased restrictions in the new proposed zoning code for office development in the CO-I zone, if the CO property adjoins a residential zone. Also, I am asking you to remove the following statement in the new proposed zoning code: "Location and dimensional standards for drivewavs: The City will grant lot access to local or collector streets that are non-residential in nature based on the size of the non-residential development, the type of use, the anticipated traffic, the location, and the surrounding land uses, and the availability of cross access easements, or alley or private rear lane access. Based on those factors, the City will decide the number, location and design of the access points." Any property owner with a lot fronting on a street should be allowed at least one driveway access to that street. Sincerely, 0' ~ ~ .Ji::.Q ~ G> }2;> '..:: " (-.)7 "?A;'; ..... -.,..... 0' tr, <:0 :;:ZI ~if' :t:> /-....;: :&- ~ '?7 ~ 0 ~ December 2005 Dear Councilors, I own property in the COol zone around Mercy Hospital. I am asking you to please remove the increased restrictions in the new proposed zoning code for office development in the CO-l zone, if the CO property adjoins a residential zone. Also, I am asking you to remove the following statement in the new proposed zoning code: "Location and dimensional standards for drivewavs: The City will grant lot access to local or collector streets that are non-residential in nature based on the size of the non-residential development, the type of use, the anticipated traffic, the location, and the surrounding land uses, and the availability of cross access easements, or alley or private rear lane access. Based on those factors, the City will decide the number, location and design of the access points." Any property owner with a lot fronting on a street should be allowed at least one driveway access to that street. Sincerely, ~~~ 125 N. Van Buren O~ f;g !in [f;f :::::i !:2 C)~. ~' ,~p c;; d!JJ :'b !fX ~ '. c;:, Ie :JJ r--:- lJl D December 2005 Dear Councilors, I own property in the CO-l zone around Mercy Hospital. I am asking you to please remove the increased restrictions in the new proposed zoning code for office development in the CO-l zone, if the CO property adjoins a residential zone. Also, I am asking you to remove the following statement in the new proposed zoning code: "Location and dimensional standards for driveways: The City will grant lot access to local or collector streets that are non-residential in nature based on the size of the non-residential development, the type of use, the anticipated traffic, the location, and the surrounding land uses, and the availability of cross access easements, or alley or private rear lane access. Based on those factors, the City will decide the number, location and design of the access points." Any property owner with a lot fronting on a street should be allowed at least one driveway access to that street. yek- owysz Partnership Peter Hayek, Registered Agent 421 E. Market ....., 0 = = ~O "" CJ )>=:1 rTJ 0--< " 11 -10 W 1- .o-<:r- m m -0 -:::0 :x 0 O-~ ~^ }> 0 \0 December 2005 Dear Councilors, I own property in the CO-I zone around Mercy Hospital. I am asking you to please remove the increased restrictions in the new proposed zoning code for office development in the CO-I zone, if the CO property adjoins a residential zone. Also, I am asking you to remove the following statement in the new proposed zoning code: "Location and dimensional standards for drivewavs: The City will grant lot access to local or collector streets that are non-residential in nature based on the size of the non-residential development, the type of use, the anticipated traffic, the location, and the surrounding land uses, and the availability of cross access easements, or alley or private rear lane access. Based on those factors, the City will decide the number, location and design of the access points." Any property owner with a lot fronting on a street should be allowed at least one driveway access to that street. Sincerely, /4F~~, Surgical Services Rick Shelman, M.D. Registered Agent 510 E. Bloomington 0 '" = = ;Eo en 0 )>- ".., --I 0-< CJ 11 -l() (,.) r- .-<, rn m " --:0 ::J::: 0 Ox Ji - .. 0 \D December 2005 Dear Councilors, I own property in the CO- I zone around Mercy Hospital. I am asking you to please remove the increased restrictions in the new proposed zoning code for office development in the CO-I zone, if the CO property adjoins a residential zone. Also, I am asking you to remove the following statement in the new proposed zoning code: "Location and dimensional standards for driveways: The City will grant lot access to local or collector streets that are non-residential in nature based on the size of the non-residential development, the type of use, the anticipated traffic, the location, and the surrounding land uses, and the availability of cross access easements, or alley or private rear lane access. Based on those factors, the City will decide the number, location and design of the access points." Any property owner with a lot fronting on a street should be allowed at least one driveway access to that street. Sincerely, ~~ J.e.N. Brown, M.D. Monica Brown 432 E. Bloomington ,..., 0 = = ~q c.n = rol -J n 11 (J-<' 10 W f- :-< ;- ITl 11'1 -0 -.J] :z 1--' O~ -.I ~ - .. )> 0 \.0 December 2005 Dear Councilors, I own property in the CO-I zone around Mercy Hospital. I am asking you to please remove the increased restrictions in the new proposed zoning code for office development in the CO-I zone, if the CO property adjoins a residential zone. Also, I am asking you to remove the following statement in the new proposed zoning code: "Location and dimensional standards for drivewavs: The City will grant lot access to local or collector streets that arc non-residential in nature based on the size of the non-residential development, the type of use, the anticipated traffic, the location, and the surrounding land uses, and the availability of cross access easements, or alley or private rear lane access. Based on those factors, the City will decide the number, location and design of the access points." Any property owner with a lot fronting on a street should be allowed at least one driveway access to that street. Sincerely, () / 0~J"f~~ Donald & Vergene Gregory _ -=='.-~ 430 E. Bloomington '" 0 = = ~Q <or, a --I ,,, 0-< n 11 =iO w I _-<i-- m m " - ::0 ::J!l: ,---. 0;;<.: U <" ~ 0 1.0 December 2005 Dear Councilors, I own property in the CO-l zone around Mercy Hospital. I am asking you to please remove the increased restrictions in the new proposed zoning code for office development in the CO-l zone, if the CO property adjoins a residential zone. Also, I am asking you to remove the following statement in the new proposed zoning code: "Location and dimensional standards for drivewavs: The City will grant lot access to local or collector streets that are non-residential in nature based on the size of the non-residential development, the type of use, the anticipated traffic, the location, and the surrounding land uses, and the availability of cross access easements, or alley or private rear lane access. Based on those factors, the City will decide the number, location and design of the access points." Any property owner with a lot fronting on a street should be allowed at least one driveway access to that street. Sincerely; ( c;)~ ! ~~ ~~ Don & Dorothy Fowles 310 N. Gilbert '" 0 = = ~O ~ = ", -' -l C"? 11 0-< ~ =lO c..> I ,",r- m m ." O;!Z :ll: 0 ~' - .. )> 0 December 2005 Dear Councilors, I own property in the CO-I zone around Mercy Hospital. I am asking you to please remove the increased restrictions in the new proposed zoning code for office development in the CO-l zone, if the CO property adjoins a residential zone. Also, I am asking you to remove the following statement in the new proposed zoning code: "Location and dimensional standards for driveways: The City will grant lot access to local or collector streets that are non-residential in nature based on the size of the non-residential development, the type of use, the anticipated traffic, the location, and the surrounding land uses, and the availability of cross access easements, or alley or private rear lane access. Based on those factors, the City will decide the number, location and design of the access points." Any property owner with a lot fronting on a street should be allowed at least one driveway access to that street. Sincerely, 0 "-> = = ~O """ <::> )>---, rr, --, " JJ ()-< ~c Co.) r ~ .r rn -0 m 022 ::E: r-1 ;!E /, 'J - ):> " 0 December 2005 Dear Councilors, I own property in the CO-I zone around Mercy Hospital. I am asking you to please remove the increased restrictions in the new proposed zoning code for office development in the CO-I zone, if the CO property adjoins a residential zone. Also, I am asking you to remove the following statement in the new proposed zoning code: "Location and dimensional standards for drivewavs: The City will grant lot access to local or collector streets that are non-residential in nature based on the size of the non-residential development, the type of use, the anticipated traffic, the location, and the surrounding land uses, and the availability of cross access easements, or alley or private rear lane access. Based on those factors, the City will decide the number, location and design of the access points." Any property owner with a lot fronting on a street should be allowed at least one driveway access to that street. cct::Jf!WL- Steve Nash 314 N. Van Buren 0 ,..., = = ;;Eo Con 0 P-i ro; 0-< (""? 11 =JO w r ,-<:.- , , m fT' " -:0 ::;r; " O~- '-..J ;;E /" - )> .. 0 FILE No.407 12/12 '05 10:49 ID : JOHN KI~MMERMEYER M. D . FAX:3193543196 I4J DOl/DOl PAGE 2/ 2 12/12/05 12:40 FAX HR INNOVATIONS December 2005 Dear Councilors, lawn property in the COol zone around Mercy Hospital. 'r am asking you to please remove the increased r~striotions in the new proposed zoniiJg oode for office development in the CC'-l zone, ifthe CO property adjoins a residential zone. Also, I am asking you:o remove the following statement in the new proposed zoning code: "Locati,)n and dim,ensional standards tbr drivewaYs: The Cit;l will grant lot access to local or collector streets that are nOIl-residontial in nature based on the size of the non-residential de'/elopment, the type ofllse. the anticipated traffic, 1 he locatioll, and the surrounding land uses. and the availability of crO/iS access easements, or alley or private rear lane llCe ess, Based on those factors, the City will decide the number, location and design of the access points." Any property oWller with a lot frcillting on a street should be allowed at least one driveway access to tha1: street. Sincerely, ~~ Mike Oliveira 616 E. Bloomington ....., ,.' 0 = = ~O <.T' 0 P_-j r<1 n-< c-, I) =~O w ~ i ...-<r- m ill '"U -IJ ~. 0 0-_ ~ ~....... - )> .. 0 December 2005 Dear Councilors, I own property in the CO-I zone around Mercy Hospital. I am asking you to please remove the increased restrictions in the new proposed zoning code for office development in the CO-I zone, if the CO property adjoins a residential zone. Also, I am asking you to remove the following statement in the new proposed zoning code: "Location and dimensional standards for drivewavs: The City will grant lot access to local or collector streets that are non-residential in nature based on the size of the non-residential development, the type of use, the anticipated traffic, the location, and the surrounding land uses, and the availability of cross access easements, or alley or private rear lane access. Based on those factors, the City will decide the number, location and design of the access points." Any property owner with a lot fronting on a street should be allowed at least one driveway access to that street. Sincerely, Pediatric Associates Alex Galindo, Registered Agent 605 E. Jefferson '" 0 = = ~o en = M 11 o-~ n =10 w ! -<, m m " o:;&! ::z U ~-^ - .. )> 0 December 2005 Dear Councilors, I own property in the CO-l zone around Mercy Hospital. I am asking you to please remove the increased restrictions in the new proposed zoning code for office development in the CO-I zone, if the CO property adjoins a residential zone. Also, I am asking you to remove the following statement in the new proposed zoning code: "Location and dimensional standards for drivewavs: The City will grant lot access to local or collector streets that are non-residential in nature based on the size of the non-residential development, the type of use, the anticipated traffic, the location, and the surrounding land uses, and the availability of cross access easements, or alley or private rear lane access. Based on those factors, the City will decide the number, location and design of the access points." Any property owner with a lot fronting on a street should be allowed at least one driveway access to that street. ~lY' [)J- Carol Palmer X Jason Vardaman 315 N. Van Buren 0 ..., = = ~O "" 0 ,.." ::J ("") IJ o ~ =10 Co.) r ,-<r m m -0 -:0 :x U O^ ~ - .. 0 December 2005 Dear Councilors, I own property in the CO-I zone around Mercy Hospital. I am asking you to please remove the increased restrictions in the new proposed zoning code for office development in the CO-I zone, if the CO property adjoins a residential zone. Also, 1 am asking you to remove the following statement in the new proposed zoning code: "Location and dimensional standards for drivewavs: The City will grant lot access to local or collector streets that are non-residential in nature based on the size of the non-residential development, the type of use, the anticipated traffic, the location, and the surrounding land uses, and the availability of cross access easements, or alley or private rear lane access. Based on those factors, the City will decide the number, location and design ofthe access points." Any property owner with a lot fronting on a street should be allowed at least one driveway access to that street. Sincerely, ~ John Karnmermeyer 404 E. Bloomington 412 E. Bloomington "" 0 = = ~Q Con <::> ,." -, n 11 0-< -0 w ~- ,~r- , m " m (5:JJ 3: U ~'^ - .. ):> 0 December 2005 Dear Councilors, I own property in the CO-l zone around Mercy Hospital. I am asking you to please remove the increased restrictions in the new proposed zoning code for office development in the CO-l zone, if the CO property adjoins a residential zone. Also, I am asking you to remove the following statement in the new proposed zoning code: "Location and dimensional standards for drivewavs: The City will grant lot access to local or collector streets that are non-residential in nature based on the size of the non-residential development, the type of use, the anticipated traffic, the location, and the surrounding land uses, and the availability of cross access easements, or alley or private rear lane access. Based on those factors, the City will decide the number, location and design of the access points." Any property owner with a lot fronting on a street should be allowed at least one driveway access to that street. ~~ Robbie S. Investments Thomas Robinson, Registered Agent 530 E. Bloomington 317 N. Jolmson ......, 0 = = ~O en 0 fTl .. -~ " I] 0-( 10 w I ___/ r---" m ' " m .." -IJ ::r U 0-- ~^ - .. )> 0 :#/pb ,')tJJrniH--e.cL h'j WrYlcYl-Ci ~J J, ~ November 2005 Dear Councilors, I want to thank you for not down zoning AMC Investment commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. Sincerely, {)~(jU, Dan Black, Agent for AMC Investment 323,325,327,331 E. Market 127 N. Gilbert r-> 0 = c.:.? ~o (;.n c:J >-1 rq 11 -' n () ..... I --i0 w ..-< r-- m m -0 0:;11 =~ ,..., '---I s^ N Cc fctJ ); N en ell November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. Sincerely, 9~ IJ. John Alberhasky 401 E. Market & 120 N. Gilbert r-> 0 c;.--:. ;,::.:;::) ~, ~i:o CJ )> ==i C'1 -n " -< O' ,>..- =-~~ 0 W I ::-<.,. -0 ill "m \..J o:IJ :::;: ^ r:Y <;; "'- )> N 0\ November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. Sincerely, JrH~~ 322 E. Bloomington "" c5 l;;:;:;:J 1;;::;;:- <0 ~" :s- o )>=~ {"!J 0-< n Il -;0 w r- ,;::({'-- ill r" -0 " 0 --n ::<:: 0"" <^ N ~ N Ol November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. Sincerely, '" i5 c:...::> c:;::. ;En Cill <=' )>-1 f';"1 _? CJ 11 o ' .-- --,to w t ...-< r-~ 111 nl ::z 0 _.. -J ~ 0:;:- .,.-- ,,/, r:-? ~ )> N '" November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. Sincerely, ~ ((2-- = Thomas Conway 225 N. Gilbert "" 0 (;';:;.;J "- '-~:;,) .0::;: "', ::-_0 = 3>__1 P1 ,...-,-< n Il '-.-, --("-" w i -L/ ..:-<r- ill iTl -u 0::0 ::t: 0 <^ ':':> ~ N a> November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. Sincerely, ~~~ Patricia Fisher 315 N. Gilbert & 311 N. Gilbert ....., 6 <-.~ <;;::::::. <;;.0 Of. ~ = .1>-1 P"I 11 -< <, 0 _..,.~o w I ...-<1 rTl rn -0 n::G ~ 0 ~ ........ -- <:" /'. N ~ N en November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. Sincerely, rJ~N~ William Gilpin 330 E. Market and 213 & 217 N. Gilpin "" 0 G-:'l L::"> -';;:0 '''' ""- CJ )>-\ r-q 0-< " 11 =10 w r- .;<r- m rn ." O~2 :x (-, \..J ...-:;:"'^' ~ 5> N en November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. o~ Olin Lloyd 318 E. Bloomington r-.> 0 = c-~::. <.en :;~o <:::7 )>~ Pl 11 0'< " ='0 W I .-<,- e! [T] fTl 0 ':> :J".I 3: <7' ~ )> N en November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. John Logan (Malnick LLC) 305 N. Gilbert "" 0 = c-..;) ~~ C.':-l = rq 11 0-<":' " ~- :::j(;, W I ...-<r -u iT] r-n :x "-, 022 1.......1 <;;:/, N );: N en November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. ....., 0 = c-" ~o en = p=; r'1 11 0-< " --0 w r- -~, ill rn -U 022 :x C ...- /'. ~ ~ P N en November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. Sincerely, -JiJe {~ Michael Karr 312 E. Market ....., 0 C:~ c,;,") :;Eo <J' CJ )>:::> rrI 11 0-< n --10 w I :-< ~- fTl - , ~ rn r--1 522 -~ '-.J ~-,^ ~ :< ::r> N en November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. Sincerely, David Stoddard (Stoddard Rentals) 209 N. Linn 0 '" = c:::.< ;2:0 en Cl P-j "1 " 11 O~ -~p w ~ ! rn -0 iT} 622 :J:: 1---' \..J <;:"" '>? 5> N 0'\ November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. Sincerely, fv>-wd-~ Yuk Wah Lam 208 N. Linn ,..., 0 c;:;> = ~~~ "-" t::I rr. o~, C"') Il -fC) w I :-< r-'" ITl rri -u 5:JJ ::lI: r-, '-.J sA '>? )> N C1l November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. Sincerely, 6~ /~elson 211 N. Linn '" 0 = ~"=> ~o c.r. 0 )>=:0 1"'"' 0-< n 11 =10 w r- .:-< I iTl IT1 " 0::0 ::Jl: ,--. ^ U ~ ~ N en November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. Sincerely, B4nt:~ 317 E. Bloomington ~ ...., = = C.n ._0 0 ..1>_1 r>1 o~~ C'? 11 -10 W r- _-<r m m -u 022 ::x -, U ~.A. ':':> )> N en November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. Sincerely, ~~- .--- . /"~ 5Y~ Naftaly Stramer (Enterprise LLC) 206 N. Linn 0 "" = = ~o <on 0 -I 'TJ 0-< " 11 -jC) c.> r- .:-< r iTl ITl -u (5:0 :::: U s:7: ~ 5> N en November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. Sincerely, ./~~/ Tom Corcoran 215 N. Linn ,.., 0 c:> <= ~ ~o CJ p-, "" 11 ..-c' ("") () - ~ =iC) w ! :<r- -0 m fl'l ,-, -::t' :J:: '--' O~ ~ ~ N en November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. Sincerely, i?~q / Y.Iadimir Skarda 316 E. Bloomington & 302 E. Bloomington 0 '" =, = ~o en 0 ):>-, ,',q ...., " IJ ,,-< ~,- .. :;10 c..> I ....,....r m rn -0 -:lJ - r-"1 O^ --. u ~ ~ N -.J November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. Sincerely, Q ~I'\ . , \f "'.l ( 'C. '()J: .' \ \ I \' \ ' \ Daniel Hanrahan 210 N. Linn 0 '" = = ~o Con c::> re, -j CJ il ("')-, ==i C) w r :-< r-"~ .. , iT] rn " -:J:J :x 0 0--.- <" /, ~ ;;; I'V -.J November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. Sincerely, (fO y'YLd () .{l rx.tJ~ iiike Hodge ..../ (HCB Properties LC) 203 N. Linn ...., 0 = = ~o en CJ fTl ~ n Il o. :::ir w r .o-<'.r m rr; -u OIl :x U ~/'. r:-:> ~ N ..., .;:.. <,,--. November 2005 Dear Councilors, I want to thank you for not down zoning my commercial property and keeping it zoned CB-2. I am asking you to maintain all the present CB-2 density and dimensional regulations, in the new code. However, I am willing to have a building height restriction of 5 stories placed on the CB-2 zone. Sincerely, a;~~M'~ 207 N. Linn ....., 0 = = "" ~~ 0 rrl 11 ()=< ("") ~ -() w , ;:;:!r' -u m m 0 O:u :x :;E^ N J> N ...... ~c::::.. Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00012) ORDINANCE NO. AN ORDINANCE REZONING PROPERTY FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) TO PLANNED DEVELOPMENT HOUSING OVERLAY - MEDIUM DENSITY SINGLE FAMILY (OPDH-8) FOR LOTS LOCATED ON CATSKILL COURT WITHIN THE EAST HILL SUBDIVISION. WHEREAS, the Planning and Zoning Commission has recommended a revision to the zoning ordinance to make the RS-B zone primarily a small lot single family zone. WHEREAS, the Planning and Zoning Commission has recommended that the East Hill Subdivision be rezoned to OPDH-B to allow continuation of the existing pattern of duplex development; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its current zoning classification of RS-B to OPDH-B. East Hill Subdivision SECTION II. VARIATIONS. Section 14-6K-1 of the City Code provides that variations in zoning and subdivision requirements may be approved for planned development housing overlays to permit the clustering of density. The following variations from the RS-B zoning requirements are hereby approved as part of the planned development housing overlay for East Hill Subdivision: a. Duplexes will be permitted. b. Dimensional standards will be those of the RS-B zone that were in place as of October 1, 2005. Any subsequent requirements for garage placement or the percentage of a fa~ade of a street- facing garage do not apply. SECTION III. 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. 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 City'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. "---- ...---.-"----------,.----____._..."..____._n__'____~__..___~~,_ __ _._.___.._..~_...__,._"._ _ . _,,_____~. .....__.___.......______...______ Ordinance No. Page 2 Passed and approved this _ day of ,20 . MAYOR ATTEST: CITY CLERK Approved by If(c!!!t~ City Attorney's ffice 10 /z..gIU) ppdadmlordlREZ05-000 12.doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 1 1 /1 ~ / n ~ Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None. ABSENT: None. Second Consideration 1 7/1 , / n ~ Vote for passage: AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: Nays. Date published M+:J ~~ Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REl05..Q0018) ORDINANCE NO. 05-4185 AN ORDINANCE REZONING APPROXIMATELY 51.9 ACRES FROM JOHNSON COUNTY RESIDENTIAL (R) TO LOW DENSITY SINGLE.FAMIL Y RESIDENTIAL ZONE (RS-5), SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED ON AMERICAN LEGION ROAD WHEREAS, Fairview, Inc., has applied for a rezoning of approximately 51.9 acres of property from County Residential (R) to Low Density Single-Family zone (RS-5); and WHEREAS, said property is located on American Legion Road, south of Highland Woods, and east of Far Horizons subdivision; and . WHEREAS, the property is within the Long-Range Planning Boundary of the city and the neighboring Iowa City properties are zoned for low density single-family residential development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning, and has recommended approval subject to conditions; and WHEREAS, the conditions recommended by the Commission are related to funding of the future American Legion Road improvements. NOW, therefore, be it ordained by the city council of the City of Iowa City, Iowa: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified from County Residential (R) to Low Density Single-Family Residential zone (RS-5): BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST-FRACTIONAL QUARTER OF SECTION EIGHTEEN (18) IN TOWNSHIP SEVENTY-NINE (79) NORTH, RANGE FIVE (5) WEST OF THE 5TH P.M,; THENCE WEST 1121 FEET, THENCE NORTH 1890 FEET, THENCE EAST 1121 FEET, THENCE SOUTH 1890 FEET THE PLACE OF BEGINNING. ALSO BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M.; THENCE SOUTH 345 FEET TO THE CENTER OF THE PUBLIC HIGHWAY KNOWN AS U.S. HIGHWAY NO.6, THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID PUBLIC HIGHWAY TO A POINT WHERE SAID CENTER LINE INTERSECTS THE SOUTH LINE OF THE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, THENCE EAST ALONG THE SOUTH LINE OF THE SAID NORTHWEST FRACTIONAL QUARTER OF SECTION 18, 836 FEET TO THE PLACE OF BEGINNING. 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 III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owners, the applicant, and the City of Iowa City. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or 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 ..l.:llh day of npc.pmhPT , 20...Jl5... Ordinance No. n <; _I, 1 R <; Page 2 ~./4~;/lL. ATTEST: \kf/"'-~.J II. #-uJ CITY CLE K Approved by (f~ f;:~ City ttorney's Office ppdadmlordlRElO4-000118.doc /0/ r/O& Ordinance No. Page --.:L 05-4185 It was moved by Vanderhoef and seconded by as read be adopted, and upon roll call there were: Bailey that the Ordinance AYES: NAYS: ABSENT: x x x X X Bailey Champion Elliot! Lehman O'Donnell Vanderhoef Wilburn x X First Consideration 1 1 /1 / n ~ Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None. ABSENT: None. Second Consideration 11 / 15 /05 Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell. NAYS: None. ABSENT: None. Date published 1 ? /? 1 / n ~ * Prepared by: Sunil Terdalkar, PCD, 410 E. Washington St.,lowa City, IA 52240 (319) 356-5243 (REl05_00001B) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Arlington Development, Inc. (hereinafter "Applicant") and Fairview, Inc. Iowa City (hereinafter "Owner"); and WHEREAS, Owner.is the legal title holder of approximately 51.9 acres of property located on the on American Legion Road, south of Highland Woods, and east of Far Horizons subdivision; and WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property from County Residential zone (R) to Low-Density Single-Family Residential zone (RS-5); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding funding of future American Legion Road improvements, the timing of the rezoning is appropriate and the low density single-family residential zoning is in conformance with the Comprehensive Plan; 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 caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property contributes to the future reconstruction of American Legion Road; and WHEREAS, Owner and Applicant agree to use this property in accordance with the terms and conditions of a conditional zoning agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Fairview, .Inc. Iowa City is the legal title holder and Arlington Development, Inc. is the applicant fora rezoning of the property legally described as follows: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST-FRACTIONAL QUARTER OF SECTION EIGHTEEN (18) IN TOWNSHIP SEVENTY-NINE (79) NORTH, RANGE FIVE (5) WEST OF THE 5TH P.M,; THENCE WEST 1121 FEET, (OO282632.RTF) THENCE NORTH 1890 FEET, THENCE EAST 1121 FEET, THENCE SOUTH 1890 FEET THE PLACE OF BEGINNING. ALSO BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M.; THENCE SOUTH 345 FEET TO THE CENTER OF THE PUBLIC HIGHWAY KNOWN AS U..S. HIGHWAY NO. 6, THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID PUBLIC HIGHWAY TO A POINT WHERE SAID CENTER LINE INTERSECTS THE SOUTH LINE OF T.HE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, THENCE EAST ALONG THE SOUTH LINE OF THE SAID NORTHWEST FRACTIONAL QUARTER OF SECTION 18, 836 FEET TO THE PLACE OF BEGINNING. 2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential development that conforms to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code !l414.5 (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 caused by the requested change, including provisions for funding of the adjacent arterial street, access to the property, and subdivision design principles. Therefore Owner and Applicant agree to certain conditions over and above City regulations as detailed below. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, and that the Applicant and/or Owner is required to contribute toward the cost of American Legion Road improvement (based on the formula developed by the Johnson County Council of Governments office), at a rate of$ 1715.18 per acre of property (51.9 acres x $ 1715.18 per acre = a total of $ 89,017.8) , at the time of final plat approval. The amount to be paid at the time of final platting shall be an amount equal to the number of acres in each final plat x $1,715.18. Said funds will be deposited with the City of Iowa City prior to the first building permit being issued for any lot in any final plat on ihis property. Upon receipt of said funds, the City shall promptly issue to the Applicant a good and sufficient release for the lots in the subdivision so that this Conditionalloning Agreement will not constitute a cloud upon the lots in the subdivision. 4. In lieu of the payment of the above described fee, Applicant and/or Owner may provide an Irrevocable Letter of Credit, in a form and containing provisions approved by the City Attorney's Office, in the amount of $89,017.80, for the benefit of the City to be used for the installation of the American Legion Road Improvements. 5. The Owner, APplicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code !l414.5 (2005), and that said conditions satisfy public needs that are caused by the requested zoning change. 6. The Owner, Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 7. 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 with title to the land, unless or until released of record by the City of Iowa City. {00282632.RTF} The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 9. The parties. agree that this Conditional Zoning Agreement shall be incorporated by reference inio 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. .{).!ceM6EJr- Dated this ~ day of October, 2005. CITY OF IOWA CITY ~h/ ~L- rnest Lehman, Mayor ~/ ,fl. ~AA) Maria K. Karr, City Clerk Attest: By: Marian K. Karr, City Clerk velopment, Inc. dtilr Approved by: 4C?U~ ~ /t:J/~/p> City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this I ~ day of J'l6C-E.M\l.E:12 , AD. 2005, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing {OO282632.RTF} "_..~----~~_.,.__..._..".,.~---~.__._._~-'-~-----_'"'".._..~_._-"--- .--..'" instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. i SOHDME FORT o Commission Number 159791 . . My Com Ission Expires ., 0 -.S.n.dAA' Fb'f'b Notary Public in and for the State of Iowa My commission expires: FAIRVIEW, INC. IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this ~ day of~"'- <: ,2005 by Joe A. Trammell as President, Robert R. Mitchell as Treasurer and Richard Stagg as Secretary of Fairview, Inc. Iowa City. , i1 BAI".fa I ~ R. FREDERICK .l- a....1~1~1 N&mber 733387 . ow . ~_~~~~ ~-~ Not Public in and for the State of Iowa My commission expires: ~ _C" c..'- \' \ '2..0~ ARLINGTON DEVELOPMENT, INC. ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this 2 &' day of 0' /P Io.c.,. , A.D. 2005, before me, the under~ned, a Notary Public in and for the State of Iowa, personally appeared (fa", /).WIII"~ ..'" .J#~.. ",./III,..e'""",:r,. to me personally known, who, being by me duly sworn, did say that they are the p,.w"J4.,.f. ...,( ~~,.."., , of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of the seal affixed hereto is the seal of said 9orporation by authority of its Board of Directors; and that the saidu-,/J.W-i1<>, J,'a """"4'I..,,~ such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, b it and by the vol tarily executed. h ~ MICHAEL J. PUGH l' CommilllOn Numbo<175282 . . My CommlIIIOn Expires Ju 28 2008 {00282632.RTF} (krLIi ~tI ( j Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City,IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," TO LIMIT FENCES TO THREE (3) FEET IN HEIGHT, TO ALLOW SIDEWALK CAFES ONLY IN ZONE 11N CITY PLAZA, TO CLARIFY THE DEFINITION OF AMENITY, AND TO REQUIRE ANCHORED FENCING EXCEPT IN THE WINTER MONTHS, AND CHAPTER 5, ENTITLED "CITY PLAZA," SECTION 7, ENTITLED "USE OF CITY PLAZA," PARAGRAPH A TO CLARIFY THAT SIDEWALK CAFES ARE A PERMITTED COMMERCIAL USE IN CITY PLAZA. WHEREAS, sidewalk cafes are a use of public sidewalks and City Plaza that require a temporary easement; and WHEREAS, sidewalk cafes currently may be located in both Zones 1 and 2 in City Plaza; and WHEREAS, Zone 1 is the ten (10) foot strip directly abutting the private property lines, Zone 2 is the area not in Zones 1 or 3, and Zone 3 is the emergency/service lane that runs through the middle of City Plaza; and WHEREAS, the City Code presently requires eight (8) feet of unobstructed space adjacent to the front of sidewalk cafes in City Plaza to ensure a sufficient way for pedestrian travel; WHEREAS, the adjacency requirement creates complications for businesses in City Plaza wishing to have sidewalk cafes due to the presence of benches and other obstructions, but is unnecessary if sidewalk cafes are limited to Zone 1 because Zone 3 at its most narrow section still provides over twelve (12) feet of unobstructed way for pedestrian travel; WHEREAS, for reasons of pUblic safety and to enhance design uniformity and aesthetics, the height of the fencing should be limited to three (3) feet; and WHEREAS, to facilitate snow removal, anchored fencing should not be allowed during the winter months; and WHEREAS, temporary fencing should not be allowed after the first year except in the winter months; and WHEREAS, although sidewalk cafes presently cannot use "public amenities," that term needs further defining; and WHEREAS, to aid in the processing of renewals of sidewalk cafe easement agreements, said agreements should all terminate on the same date; and WHEREAS, it is in the City's interest adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 1, entitled "Definitions," is hereby amended by deleting the definition of "sidewalk cafe" and by substituting in its place the following new definition of "sidewalk cafe: An outdoor area located temporarily on a public sidewalk contiguous with any side of a building wherein a restaurant is located and where food and beverages are taken for consumption by persons sitting or standing at tables in that area. Sidewalk cafes may be located on a platform on top of a public sidewalk if the director of public works or designee determines there is excessive slope in the sidewalk and approves the design, and if suitable access is provided for person with disabilities. Fencing shall not be more than three (3) feet in height, measured from the plane on which the chair sits to the top of the railing excluding finials. Permitted sidewalk cafes must abide by the requirements and limitations as determined by city council. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph A, entitled "Permitted Uses," is hereby amended by deleting Subparagraph 2 in its entirety and by substituting in its place the following new Subparagraph 2: Beginning February 1, 2006, sidewalk cafes in the city plaza shall be permitted only in Zone 1, as defined in Chapter 5 of this Title. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph B, entitled "Usable Sidewalk Cafe Area," is hereby amended by deleting it in its entirety and by substituting in its place the following new Paragraph B: 1. Except in city plaza, a sidewalk cafe area may not extend onto the sidewalk in a manner that will not allow a minimum of eight (8) feet of unobstructed sidewalk adjacent to the street for pedestrian use. In city plaza, there must be a minimum of eight (8) feet of unobstructed sidewalk between the three sides of the sidewalk cafe that extend into Zone 1 and any public elevated planter. However, if two sidewalk cafes abut each other in city plaza, no minimum unobstructed sidewalk is required between the abutting cafes. 2. A sidewalk cafe area shall not be located in street corner areas defined by building lines extended to the street and no closer than ten feet (10') from an alley. 3. a. Except during the term of the initial easement agreement and from December 1 to February 28 thereafter, the area for a sidewalk cafe shall be delineated by anchored fencing. During the initial easement agreement and from December 1 to February 28, said area may be delineated by ropes or some other suitable method which shall be detectible by pedestrians who are visually impaired, and in such instance, tables, chairs and other items are to be removed at the end of the day's operation, and the sidewalk cafe area shall be restored to its normal condition as a pedestrianway. No items shall be stored on the public right-of-way unless there is anchored fencing. b. Anchored fencing in a public sidewalk is subject to the approval of the director of public works, or designee. If stored outdoors, tables, chairs, and other items shall be secured within the anchored fencing at the end of each day's operation so that they are unusuable and shall not block or obstruct emergency exits. The owner shall be responsible for any damages to the sidewalk caused by the placement of any anchored fencing. A deposit shall be required prior to the placement of any anchored fencing on a public sidewalk and shall be returned when the sidewalk is restored to its prior condition. The amount of the deposit shall be set by resolution of the city council. 4. A sidewalk cafe may not utilize or encompass any public amenities, including but not limited to benches, seats, tables, trash receptacles, public art, bike racks, water spigots, kiosks, posting pillars, pergolas, trees, tree rings, and light poles. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph C, entitled "Days and Hours of Operation," is hereby amended by deleting Subparagraph 1 in its entirety and by substituting in its place the fOllowing new Subparagraph 1: A public right of way easement agreement shall be issued from February 1 through January 31. The initial agreement may be less than the one year, but shall expire on January 31. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph E, entitled "Sidewalk Cafe Easement Agreement," is hereby amended by deleting the last sentence of Subparagraphs 1 in its entirety and by substituting in its place the fOllowing new sentence: An annual fee for easement agreements shall be established by council resolution. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 7, entitled "Use for City Plaza," Paragraph A is hereby amended by deleting it in its entirety and by substituting in its place the fOllowing new Paragraph A: Commercial Use: No commercial use of city plaza is allowed except as authorized in this Title. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this _ day of ,2005. MAYOR ATTEST: CITY CLERK Approved by ~~ \\,3u-O\ City Attorney's Office suelordlS.W Cafe OrdDS Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn that the Ordinance First Consideration 11/15/05 Vote for passage: AYES: O'Donnell, VAnderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published \t Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AM DING TITLE 10 OF THE CITY CODE, ENTITLED "USE F PUBLIC WAYS AND PROPERTY," CHA ER 3, ENTITLED "COMMERCIAL USE OF SIDEWA S," TO LIMIT FENCES TO THREE (3) FEET I HEIGHT, TO ALLOW SIDEWALK CAFES ONLY I ZONE 11N CITY PLAZA, TO CLARIFY THE DEFI ION OF AMENITY, AND TO REQUIRE ANCHO ED FENCING EXCEPT IN THE WINTER MONTHS, A CHAPTER 5, ENTITLED "CITY PLAZA," CTION 7, ENTITLED "USE OF CITY PLAZA," PARAGR H A TO CLARIFY THAT SIDEWALK AFES ARE A PERMITTED COMMERCIAL USE IN CITY PL A. WHEREAS, sidewalk cafes ar a use of public sidewalks and Cit Plaza that require a temporary easement; and WHEREAS, sidewalk cafes currentl ay be located in both Zon 1 and 2 in City Plaza; and WHEREAS, Zone 1 is the ten (10) fo strip directly abutting th private property lines, Zone 2 is the area not in Zones 1 or 2, and Zone 3 is the mergency/service la e that runs through the middle of City Plaza; and WHEREAS, the City Code presently requir eight (8) fe of unobstructed space adjacent to the front of sidewalk cafes in City Plaza to ensure a su 'cient way f r pedestrian travel; WHEREAS, the adjacency requirement creates mplicat ns for businesses in City Plaza wishing to have sidewalk cafes due to the presence of bencH s an other obstructions, but is unnecessary if sidewalk cafes are limited to Zone 1 because Zone 3 at 'Is ost narrow section still provides over twelve (12) feet of unobstructed way for pedestrian travel; WHEREAS, for reasons of public safety and to enha c design uniformity and aesthetics, the height of the fencing should be limited to three (3) feet; and WHEREAS, to facilitate snow removal, anchored encing hould not be allowed during the winter months; and WHEREAS, temporary fencing should not be all wed after th first year except in the winter months; and WHEREAS, although sidewalk cafes presenti cannot use "public menities," that term needs further defining; and WHEREAS, to aid in the processing of enewals of sidewalk ca easement agreements, said agreements should all terminate on the same te; and WHEREAS, it is in the City's interest ado these amendments. NOW, THEREFORE, BE IT ORDAINE BY THE CITY COUNCIL OF TH ITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 10, ntitled "Use of Public Ways and Pro erty," Chapter 3, entitled "Commercial Use of Sidewalks," Secti 1, entitled "Definitions," is hereby a ended by deleting the definition of "sidewalk cafe" and by sub iluting in its place the following new definitl n of "sidewalk cafe: An outdoor area located tempor rily on a public sidewalk contiguous with an side of a building wherein a restaurant is located and where food and beverages are taken for consu ption by persons sitting or standing at tables in that rea. Sidewalk cafes may be located on a platform n top of a public sidewalk if the director of public orks or designee determines there is excessive slope 'n the sidewalk and approves the design and if uitable access is provided for person with disabilities. Fe cing shall not be more than three (3) feet in eight, measured from the plane on which the chair sits to t e top of the railing excluding finials. Per !led sidewalk cafes must abide by the requirements and Ii itations as determined by city council. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, e itled "Use for Sidewalk Cafes," Paragraph A, entitled "Permitted Uses," is hereby amended by del ing Subparagraph 2 in its entirety and by substituting in its place the following new Subparagraph 2: Beginning Februa 1, 2006, sidewalk cafes in the city plaza shall be permitted only in Zone 1, as defined in Chapter 5 f this Title. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph B, entitled "Usable Sidewalk Cafe Area," is hereby amended by deleting it in its entirety and by substituting in its place the following new Paragraph B: 1. Except in city plaza, a sidewalk cafe area may not extend onto the sidewalk in a manner that will not allow a minimum of eight (8) feet of unobstructed sidewalk adjacent to the street for pedestrian use. In Ordinance No. Page 2 city plaza, there must be a minimum of eight (8) feet of unobstructed sidewalk between the three sides of the sidewalk cafe that extend into Zone 1 and any public elevated planter. However, if two sidewalk cafes abut each other in city plaza, no minimum unobstructed sidewalk is required between the abutting cafes. 2. A sidewalk cafe area shall not be located in street corner areas defined by building lines extended to the street and no clo r than ten feet (10') from an alley. 3. a. Except durin the term of the initial easement agreement and from December 1 to February 28 thereafter, the area fo sidewalk cafe shall be delineated by anchored fencing. During the initial easement agreement and fr m December 1 to February 28, said area may be delineated ropes or some other suitable method ich shall be detectible by pedestrians who are visually imp Ired, and in such instance, tables, chairs an other items are to be removed at the end of the day's ope tion, and the sidewalk cafe area shall be resto d to its normal condition as a pedestrianway. No item shall be stored on the public right-of-way unless th re is anchored fencing. b. Anchored fencing in a ublic sidewalk is subject to the approval of th director of public works, or designee. If stored outdo s, tables, chairs, and other items shall b secured within the anchored fencing at the end of each y's operation so that they are unusable nd shall not block or obstruct emergency exits. The owner sh be responsible for any damages to t sidewalk caused by the placement off any anchored fencing. A de os it shall be required prior to the acement of any anchored fencing on a public sidewalk and shall be re rned when the sidewalk is res red to its prior condition. The amount of the deposit shall be set by resoluti of the city council. 4. A sidewalk cafe may not utilize or en mpass any public am ities, including but not limited to benches, seats, tables, trash receptacles, publ art, bike racks, ter spigots, kiosks, posting pillars, pergolas, trees, tree rings, and light poles. Title 10, entitled "Use of Public Ways and roperty," apter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk afes," F.l ragraph C, entitled "Days and Hours of Operation," is hereby amended by deleting Subparag ph In its entirety and by substituting in its place the following new Subparagraph 1: A public right of way easement agreement shall b ued from February 1 through January 31. The initial agreement may be less than the one year, but all e ire on January 31. Title 10, entitled "Use of Public Ways and roperty,' Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewal afes," Para raph E, entitled "Sidewalk Cafe Easement Agreement," is hereby amended by deleting e last sentence f Subparagraph 1 in its entirety and by substituting in its place the following new se nee: An annual fee for easement agreeme shall be established b council resolution. Title 10, entitled "Use of Public W s and Property," Chapte 5, entitled "City Plaza," Section 7, entitled "Use for City Plaza," Parag ph A is hereby amended b deleting it in its entirety and by substituting in its place the followin ew Paragraph A: Commercial Use: No com mer al use of city plaza is allowed except SECTION II. REPEALER. ordinances and parts of ordinances in Ordinance are hereby repeal . SECTION III. PENALT S FOR VIOLATION. The violation of any pro is ion of this ordinance is a municipal infraction or a s' pie misdemeanor. SECTION IV. SEV ABILITY. If any section, provision or part of the Ordina e shall be adjudged to be invalid or unconstitu' nal, such adjudication shall not affect the validity of the Or . ance as a whole or any section, provision part thereof not adjudged invalid or unconstitutional. SECTION I . EFFECTIVE DATE. This Ordinance shall be in effect after its final assage, approval and publication, provided by law. Passe and approved this _ day of authorized in this Title. nflict with the provision of this ,2005. MAYOR ATTEST: CITY CLERK Approved by ~ ~ ((-to-a\ City Attorney's Office