HomeMy WebLinkAbout2006-02-28 Ordinance
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Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
ORDINANCE NO.
AN ORDINANCE REZONING 9.72 ACRES OF LAND LOCATED WEST OF FOSTER ROAD FROM
INTERIM DEVELOPMENT RESIDENTIAL (ID-RS) TO PLANNED DEVELOPMENT HOUSING-LOW
DENSITY SINGLE-FAMILY (OPD-5). (REZ05-00023)
WHEREAS, the applicant, Westcott Partners, has requested a rezoning and approval of a Preliminary
Sensitive Areas Development Plan to allow development of two (2) twelve-unit multi-family buildings on
property located west of Foster Road and north of White Oak Place; and
WHEREAS, the Planning and Zoning Commission found that the proposed Sensitive Areas
Development Plan provides many design features encouraged by the Comprehensive Plan , including
clustered development, and preservation of woodlands, slopes and other environmental features; and
WHEREAS, the Planning and Zoning Commission has found that the plan is of a scale, massing, and
architectural style that is compatible with adjacent residential development, as recommended by the
Comprehensive Plan, and buildings are designed to minimize the impact of their vertical height through a
combination of exterior building materials consisting of brick, stone, and fiber cement siding; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed
Sensitive Areas Development Plan, including variations from the underlying RS-S zoning to allow for multi-
family buildings; 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 Interim Development Single-Family (ID-RS) to Planned Development Overlay-Low Density
Single-Family Residential (OPD-5) with a Sensitive Areas Development Plan is hereby approved:
A PORTION OF GOVERNMENT LOT 2 LYING IN SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST
OF THE STH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 200S162
COMMENCING AT THE NORTHEAST CORNER OF LOT 1, OAKMONT ESTATES, IOWA CITY, IOWA,
ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 46 AT PAGE 319 IN
THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S88'29'S3"W, ALONG THE
NORTH LINE OF LOTS 1 THROUGH 9 AND ALONG THE NORTH LINE OF OUTLOT "A" OF SAID
OAKMONT ESTATES, 1288 FEET MORE OR LESS TO A POINT ON THE LEFT (OR EASTERLY) TOP
OF BANK OF THE IOWA RIVER (1288.06 FEET TO A FOUND PIN ON THE MEANDERING L1NE-
DENOTED AS POINT A); THENCE NORTHEASTERLY, ALONG SAID TOP OF BANK, FOLLOWING AS
CLOSELY AS PRACTICABLE THE SINUOUSITIES OF THE BANK, 990 FEET MORE OR LESS TO A
POINT 14:t FEET WESTERLY OF A POINT ON THE MEANDERING LINE (DENOTED AS POINT B), SAID
POINT BEING ON THE SOUTHERLY LINE OF OUTLOT "B", MACKINAW VILLAGE-PART TWO, IOWA
CITY, IOWA, AS RECORDED IN PLAT BOOK 48 AT PAGE 108 IN SAID RECORDER'S RECORDS;
THENCE N87'59'14"E, ALONG SAID SOUTHERLY LINE, 739 FEET MORE OR LESS, TO A POINT ON
THE WESTERLY RIGHT-OF-WAY LINE OF FOSTER ROAD, SAID POINT BEING 72S.01 FEET ALONG
SAID COURSE FROM SAID POINT B; THENCE SOUTHWESTERLY, 497.74 FEET ALONG SAID
WESTERLY RIGHT-OF-WAY LINE AND AN ARC OF 38S.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, WHOSE 463.80 FOOT CHORD BEARS S34'24'11"W; THENCE S02'34'36"E, ALONG
SAID WESTERLY RIGHT-OF-WAY, 104.62 FEET TO THE POINT OF BEGINNING, CONTAINING 9.72
ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
NOTE: THE MEANDERING LINE IS DESCRIBED AS FOLLOWS: THENCE N86'24'24"E, FROM POINT A,
ALONG THE MEANDERING LINE, 99.S0 FEET; THENCE N39'49'OS"E, ALONG SAID MEANDERING
Ordinance No.
Page 2
LINE, 64.33 FEET; THENCE N59003'26"E, ALONG SAID MEANDERING LINE, 137.46 FEET; THENCE
N6r08'26"E, ALONG SAID MEANDERING LINE, 130.99 FEET; THENCE N20010'25''E, ALONG SAID
MEANDERING LINE, 58.06 FEET; THENCE N70030'28" E, ALONG SAID MEANDERING LINE, 160.45
FEET; THENCE N7003T38''E, ALONG SAID MEANDERING LINE 97.25 FEET; THENCE N59054'36"E,
ALONG SAID MEANDERING LINE, 103.69 FEET; THENCE N50004'39"E, ALONG SAID MEANDERING
LINE, 74.32 FEET; THENCE N2105T37"E, ALONG SAID MEANDERING LINE, 74.32 FEET TO POINT B.
SECTION II. VARIATIONS Section 14-3A of the City Code provides that variations in zoning
requirements may be approved for Sensitive Areas Development Plans to permit the clustering of density.
The following variations from the RS-5 zoning requirements are hereby approved as part of the Preliminary
Sensitive Areas Development Plan:
a. The construction of two (2) twelve-unit multifamily buildings, which include a combination of brick,
stone, and fiber cement siding exterior building materials on all facades, as shown on the Preliminary
Sensitive Areas Site Plan; and
b. The RS-5 maximum building height is increased from thirty-five (35) feet up to forty-seven (47) feet.
c. The restriction on parking located directly between a principal building and the street as part of the
Multi-Family Site Development Standards is waived to allow up to five visitor parking spaces as
shown on the preliminary Sensitive Areas Site Plan.
SECTION 111. 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 the ordinance as approved by law.
SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this ordinance and the approved Preliminary OPD Plan, 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 after its final passage, approval
and publication, as provided by law.
Passed and approved this _ day of , 20_.
MAYOR
ATTEST:
CITY CLERK
Approved M
({y~
Ciiy ttorney's Office
;:h.,(,Cfl
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
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 2/28/06
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef,
Wilburn, Bailey. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
To: Planning & Zoning Commission
Item: REZ05-00023
GENERAL INFORMATION:
Applicant:
Contact Person:
Phone:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
Neighborhood Open Space District:
File Date:
45 Day Limitation Period:
SPECIAL INFORMATION:
Public Utilities:
Public Services:
lib
STAFF REPORT
Prepared by: Sarah Walz, Associate Planner
Date: January 19, 2006
Westcott Partners
44 Sturgis Corner Drive
Iowa City, IA 52246
MMS Consultants, Inc.
1917 S. Gilbert SI.
Iowa City, IA 52240
319/351-8282
Rezoning to Planned Development Overlay (OPD-5)
with a Sensitive Area Development Plan
Development of two twelve-unit multifamily buildings
West of Foster Road north of White Oak Place.
9.72 acres
Undeveloped-Interim Development Single Family
Residential (IDRS)
North:Private Open Space OSNRS-5
East: Golf Course ID-RS and Residential OSNRS-5
South: Residential OSNRS-5
West: Iowa River
Low-Density Single-family Residential, Conservation
and Cluster development
North District
December 15, 2005
January 30, 2006
Sanitary sewer and water lines are available
The City will provide police and fire protection.
Refuse and recycling will be provided by private
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2
company.
Public Transit does not provide direct service to this
area, the nearest transit access is approximately 3/4
mile away at the intersection of Laura Drive and
Foster Road.
BACKGROUND INFORMATION:
The applicant, Wescott Partners, is requesting a rezoning from Interim Development-Residential
(ID-RS) to Planned Development Housing-Low Density Single-Family (OPD-5) with a Sensitive
Sensitive Areas Development Plan for 9.72 acres along Foster Road north of White Oak Place.
Located in the North District, this property contains sensitive environmental features including
regulated slopes, Iowa River corridor/floodway, and woodlands. The proposed Sensitive Areas
Development Plan would allow the applicant to cluster two 12-unit multifamily buildings with
minimal impact on the adjacent slope and woodlands.
ANALYSIS:
Zoning: The Interim Development Zone (ID) is intended to provide areas of managed growth in
which agriculture and other non-urban uses of land may continue until such time as the City is
able to provide City services. Due to a prior lack of infrastructure, this property is zoned ID-RS.
With the extension of Foster Road and water/sewer lines this property is now appropriate for
development.
The proposed RS-5 zoning allows for the construction of single-family houses on lots of 8,000
square feet (minimum). The applicant is requesting waivers to allow multi-family development in
the RS-5 Zone. The RS-5 zone limits building heights to 35 feet. The applicant is seeking a
waiver of this height limitation to allow a rear elevation in excess of 35 feet.
The Comprehensive Plan calls for low-density residential development (RS-5) in this area in order
to minimize the impacts on environmentally sensitive areas. The North District Plan specifically
calls for the use of clustered development and conservation design principles in order to
preserve the rolling topography and woodlands that define the district. Low density development
is also recommended in the Comprehensive Plan and the North District Plan in order to avoid
overloading traffic demand on Foster Road, which is the only street access to the Peninsula west
of Idyllwild.
Due to its steep slopes, the North District Plan map shows the Elk Run property as private or
public open space. Due to its topography, roughly 2/3 of the Elk Run property (approximately
6.45 acres west of the protected slope buffer) is not sewerable making it unsuitable for
development. There are approximately 3.72 acres of land east of the protected slope buffer that
are appropriate for development, though limitations imposed by the topography would prevent the
density normally allowed in an RS-5 zoning.
The applicant is requesting a Planned Development Overlay zone to allow clustering of two 12-
unit multifamily buildings. This clustering would allow the applicant to preserve all but a small
portion of the woodlands and will result in minimal disturbance to the adjacent slope. Historically,
standard RS-5 zones have resulted in a density of just under 2 single-family homes per acre.
With clustering allowed through a Planned Development Overlay higher densities are possible.
By clustering the two proposed buildings, Elk Run is able to achieve a density of 2.47 units per
acre on a site that offers limited development potential due to constraints imposed by
topography.
The RS-5 zone is intended for single-family housing. Planned Development Overlay standards
indicate that multi-family buildings should be of a scale, massing, and architectural style that is
ppdadmin\stfrep\rezOS.00023 elk Nn.doc
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3
compatible with adjacent residential development. The Elk Run application requires waivers to
allow for building height and type (multifamily). While other multifamily housing has been
constructed in the surrounding developments-the Peninsula and Mackinaw Village-these
buildings have been given careful attention to size and scale as well as architectural details.
The Elk Run buildings will be three stories in addition to the prominent elevation and location of
the site itself, making the side and front elevations a focal point along Foster Road. Though
there is some tree buffer between the buildings and the adjacent single-family neighborhoods,
from late fall through early spring (when trees are bare) the rear elevation will be highly visible
from the from homes in Oakmont Estates, and the north elevation will be visible from Mackinaw
Village. For these reasons, considerable attention to design compatibility is warranted.
As part of this plan, the developer has submitted a building design that addresses concerns
related to height and compatibility with the surrounding single-family neighborhoods. The
design uses a variety of building materials (brick, stone, and fiber cement board siding) in order
to emphasize the horizontal aspect of the buildings while minimizing the visual impact of the
building height. It is the staff's view that by continuing the mix of materials around the sides to
the rear of the buildings, and including windows with trim on all sides, the buildings will be
compatible with the surrounding single-family neighborhood.
One of the purposes of the Planned Development Overlay is to encourage development that is
sensitive to the natural features of the surrounding area. While development of the lot will
require only minimal alteration of the slopes, soil compaction due to grading and construction
activity and the introduction of impervious surfaces (building and paved areas) can cause
irreparable damage to vegetation and watercourses, both on and offsite. This issue is
significant on a site such as this with steep slopes that drain directly into the Iowa River. For this
reason, replanting groundcover immediately after construction is complete (as weather permits)
is strongly encouraged. The use of native plants (particularly native prairie grasses) is highly
recommended in order to capture rainwater, slow run-off, and to restore a more natural, porous
soil. Traditional lawn grass or sod can be quite impervious and in some cases may only
disguise runoff. Since the "backyard" is not intended for active use but serves as a natural
viewscape, naturallandscaping/groundcover provides an ideal solution. With the exception of a
narrow strip reserved for traditional lawn grass/sod along the back parking lot, the developer
has agreed to use native plants (grasses) behind the building in all disturbed areas, including
the areas constructed to handle stormwater run-off.
Traffic implications: At this time, Foster Road provides the only street access to this property as
well as most of the surrounding developments west of Dubuque Street. A plan for a loop
connection between Laura Drive and Foster Road will improve traffic circulation in the future by
providing secondary access to much of property north of Foster Road, i.e. Mackinaw Village
Estates. Nonetheless, due to limited street access it has been the City's policy to zone
undeveloped land west of Laura Drive to RS-5 in order to minimize traffic demand. It has also
been City policy to limit street intersections and curb cuts on Foster Road in order to preserve
capacity.
Vehicular access to the buildings is minimized through the use of a single 40-foot curb
cut/driveway (allowing two-way access) for occupants and a circular drive using two 24 foot curb
cuts (allowing one-way access) for guest parking (5 parking spaces). The zoning code does not
permit parking between the between the buildings and the street. However, due to the uniqueness
of the site, the proposed parking may be appropriate for a waiver through the OPD process.
Pedestrian/Bike connections: This area is well served by paved pedestrian and bike trails and
wide sidewalks along the entire length of Foster Road. The paved bike trail on Foster Road
links the Peninsula to Coralville via a recently completed pedestrian bridge. Additional trail
construction provides connection between the Peninsula and Waterworks Prairie Park through
ppdadmin\stfrep\rez05-00023 elk run.doc
4
a trail under Interstate 80. An additional pedestrian/bike bridge connecting the Peninsula to
Rocky Shore Drive is planned but unfunded.
Neighborhood Open Space: The zoning ordinance requires the dedication of .23 acres (9,979
square feet) of neighborhood open space for a development of this size. The developer has
agreed to dedicate a much larger portion of the property in order to allow for the potential
development of a hiking trail. This proposal more than fulfills the City's open space requirement
and allows for potential trail development along the contours of the slope so as to minimize
erosion and disturbance of the woodlands during trail construction. This land dedication will
preserve a valuable environmental feature and allow access to a scenic view of the Iowa River.
This proposal has been referred to the Parks and Recreation Commission, which has agreed to
accept the land dedication.
Storm water management: The original design submitted by the developer indicated
stormwater draining to the north onto the adjacent lot. The Public Works Department directed
the developer to provide stormwater detention for water draining to the north or to construct an
alternative system in order to retain stormwater on the property allowing it to drain to the west
toward the river. The revised plan presented here was not submitted on time for the City
Engineer to review the updated drainage system. Comments from the City Engineer should be
available on time for the Planning and Zoning Commission meeting.
Sewer and Water: There is no sanitary sewer tap-on fee. There will be a water main extension
fee of $395 per acre. There are 9.72 acres. Therefore, the WME fee is $3,839.40.
SUMMARY:
While the proposal to cluster the multifamily buildings in accordance with the Sensitive Areas
Regulations is desirable in this situation, the issue of neighborhood compatibility with regards to
the scale and design of the proposed buildings is of equal significance. The applicant has
addressed this issue through the use of building materials that minimize the visual impact of the
building height and architectural detail on the side elevations that will be compatible with
surrounding single-family development. In addition, the dedication of open space exceeds the
requirements for a development of this size, preserves a valuable environmental feature in its
woodland and slopes, and provides public access to a historically significant scenic view of the
Iowa River and its characteristic limestone outcroppings
STAFF RECOMMENDATION:
Staff recommends that this application be deferred pending resolution of the deficiencies and
discrepancies noted below. Upon resolution of these items staff recommends approval of
REZ05-00023, a rezoning of 9.75 acres located west of Foster Road from ID-RS to OPD-5 with
a Sensitive Areas Development Plan allowing the modification of the RS-5 requirements to
allow 2 12-unit multi-family buildings with exterior building material consisting of brick, stone
and fiber cement board siding, a building height of up to 45 and up to five parking spaces
permitted in the area between the building and the street.
DISCREPENCIES:
1. Indicate area that is proposed to be dedicated to the City for open space.
2. Show bicycle parking areas.
3. Provide information on building height.
4. Indicate that the gas meters will be screened with a shrubbery (see section 14-5F-6:B).
5. Show native seeding landscape of area disturbed by construction.
6. Show how the trees will be protected on the edge of the construction limit area.
7. The revised Plan is being reviewed by Public Works and Fire Marshall so there may be
additional corrections required.
ppdadmin\stfrep\rezOS-00023 elk run.doc
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ATTACHMENTS:
1. Location Map
2. Plan or plat
Approved by: /~ )tv:4-
Robert Miklo, Senior Planner,
Department of Planning and Community Development
ppdadmin\stfrep\rez05-00023 elk run.doc
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Prepared by: Robert Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00024)
ORDINANCE NO.
AN ORDINANCE REZONING 1.02 ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL
(RS-5) ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE FOR PROPERTY LOCATED AT 3405
ROCHESTER AVENUE
WHEREAS, the owner, Three Bulls, L.L.C., has requested rezoning of 1.02 acres of property which it
owns located south of Rochester Avenue from its current RS-5 designation to CC-2; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
determined that with appropriate conditions to ensure the development of this property in accordance with .
the neighbor design policies of the Comprehensive Plan, including the Northeast District Plan, and with
provisions for infrastructure improvements and control of vehicular access to Rochester Avenue, the
proposed rezoning is in conformance with the Comprehensive Plan; and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the rezoning request; and
WHEREAS, Three Bulls, L.L.C. acknowledges that certain conditions and restrictions are reasonable to
ensure that the eventual development of the property is in accordance with the neighborhood design
policies of the Comprehensive Plan, including the Northeast District Plan, and to ensure adequate
infrastructure and street access is provided for the area; and
WHEREAS, Three Bulls, L.L.C. has agreed to use this property in accordance with the terms and
conditions of a Conditional Zoning Agreement to ensure that the above-referenced Comprehensive Plan
policies are addressed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement,
attached hereto and incorporated herein, the property described below is hereby reclassified from RS-5 to
CC-2:
Beginning with an iron pin in the center of public highway, said iron pin being the Northwest comer of
Section 7, Township 79 North, Range 5 West of the 5th P.M.; thence South along the center of said
highway and the West line of said Section 7, 994.6 feet to an iron pin, being the intersection of the West
line of said Section 7 and the South line of Iowa Highway No.1; thence in a Northeasterly direction 34
feet to an iron pin and the place of beginning; thence continuing in a Northeasterly direction along the
South line of said Iowa Highway No.1, 149.73 feet to an iron pin; thence South 149.7 feet to an iron pin;
thence in a Southwesterly direction, parallel to the South line of above mentioned Iowa Highway No.1,
149.73 feet to an iron pin; thence North along the East line of public highway 149.7 feet to the place of
beginning
and
Commencing with an iron pin, said iron pin being the Northwest comer of Section 7, Township 79 North,
Range 5 West, also a point on the center line of County Highway; thence South along the West line of
said Section i and the centerline of said County Highway, 994.6 feet to the intersection of the Center
line of said County Highway and the South right of way line of the present State Highway Number 1;
thence in a Northeasterly direction, along the South right of way line of said State Highway Number 1,
2
34 feet to an iron pin; thence South, parallel to the Center line of above mentioned County Highway.
149.7 feet to an iron pin and the place of beginning, thence continuing South, parallel to the Center line
of said County Highway, 149.7 feet to an iron pin, thence in a Northeasterly direction, parallel to the
South right of way line of above mentioned State Highway Number 1, 149.73 feet to an iron pin; thence
North parallel to the Center line of above mentioned County Highway, 149.7 feel to an iron pin; thence
in Southwesterly direction, parallel to the South right of way line of above mentioned State Highway
Number 1, 149.73 feet to an iron pin and the place of beginning.
The total real estate consists of 1.02 acres.
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 as provided by law.
SECTION 111. 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 to and record
at the owner's expense, the Conditional Zoning Agreement between the property owner and the City.
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 the 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 provision of this
ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of this 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 required by law.
Passed and approved this _ day of
,20_.
MAYOR
ATTEST:
CITY CLERK
Approved by ~ ~ _
/lc?tJt:f -' ~
City Attorney's Office
zl ~t,
ppdadmlnlordlREZ05-00024.doc
Prepared by: Bob Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (REZ05-00024)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation (hereinafter
"City"), Three Bulls, L.L.C. (hereinafter "Applicant").
WHEREAS, Applicant is owner and legal title holder of approximately 1.02 acres of property located south of
Rochester Avenue and east of Scott Boulevard; and
WHEREAS, the Applicant has requested rezoning of this property from low Density Single Family, RS-5, to
Community Commercial, CC-2 ; and
WHEREAS, the Planning and Zoning Commission has determined that, w~h appropriate conditions ensuring
the development of the property in accordance with the neighborhood design policies of the Northeast District
Plan, and w~h provisions for street improvements and control of vehicular access to Rochester Avenue, the
proposed rezoning is in conformance with the Northeast District Plan, which is part of the Comprehensive
Plan; and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose reasonabie
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 certain conditions and restrictions are reasonable to ensure
that the development of the property is in accordance with the neighborhood design policies of the Northeast
District Plan and to ensure that adequate streets are in place to serve the property; and
WHEREAS, the Owners and Applicant have agreed to use this property in accordance w~h the terms and
conditions of a Cond~ional Zoning Agreement to ensure that the above-referenced Comprehensive Plan
policies are addressed.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows:
1. Three Bulls, L.L.C. is the owner and legal @e holder of the property legally described as follows:
Beginning with an iron pin in the center of public highway, said iron pin being the Northwest
comer of Section 7, Township 79 North, Range 5 West of the 5th P.M.; thence South along
the center of said highway and the West line of said Section 7, 994.6 feet to an iron pin,
being the intersection of the West line of said Section 7 and the South line of Iowa Highway
No.1; thence in a Northeasterly direction 34 feet to an iron pin and the place of beginning;
thence continuing in a Northeasterty direction along the South line of said Iowa Highway No.
ppdaclm'agt/Cza-3 bulls.doc
Three Bulls, L.L.C. Conditional Zoning Agreement
Page 2
1, 149.73 feet to an iron pin; thence South 149.7 feet to an iron pin; thence in a
Southwesterly direction, parallel to the South line of above mentioned Iowa Highway No.1,
149.73 feet to an iron pin; thence North along the East line of public highway 149.7 feet to
the place of beginning
and
Commencing with an iron pin, said iron pin being the Northwest comer of Section 7,
Township 79 North, Range 5 West, also a point on the center line of County Highway;
thence South along the West line of said Section 7 and the centerline of said County
Highway, 994.6 feet to the intersection of the Center line of said County Highway and the
South right of way line of the present State Highway Number 1; thence in a Northeasterly
direction, along the South right of way line of said State Highway Number 1, 34 feet to an
iron pin; thence South, parallel to the Center line of above mentioned County Highway.
149.7 feet to an iron pin and the place of beginning, thence continuing South, parallel to the
Center line of said County Highway, 149.7 feet to an iron pin, thence in a Northeasterly
direction, parallel to the South right of way line of above mentioned State Highway Number
1, 149.73 feet to an iron pin; thence North parallel to the Center line of above mentioned
County Highway, 149.7 feel to an iron pin; thence in Southwesterly direction, parallel to the
South right of way line of above mentioned State Highway Number 1, 149.73 feet to an iron
pin and the place of beginning.
The total real estate consists of 1.02 acres.
2. Owners and Applicant acknowledge that the City wishes to ensure appropriate commercial
development that conforms to the neighborhood design policies contained within the Northeast
District Plan. Further, the parties acknov.iedge that Iowa Code Section 414.5 (2005) provides that the
City of Iowa City may impose reasonable condttions on granting an applicant's rezoning request, over
and above the existing regulations, in order to satisfy public needs directly caused by the requested
change, including provisions for adequate infrastructure necessary to support urban development.
Therefore, Owners and Applicant agree to certain conditions over and above City regulations as
detailed below.
3. In consideration of the City's rezoni1g the subject property, Applicant agrees that development of the
subject property will conform to all other requirements of the zoning chapter, as well as the following
condttions:
a. Applicant agrees that preliminary and final plats and stte plans for the eventual development of
this property will demonstrate compliance wtth the neighborhood design policies contained
ppdadm'agUcza.3 bulls.doc
Three Bulls, L.L.C. Conditional Zoning Agreement
Page 3
within the Comprehensive Plan, including the Northeast District Plan, and that the City will take
these policies into consideration during its review of said plats and plans.
b. Applicant agrees that the property shall develop in manner consistent with Olde Towne
Village site plans and will include features such as parking lots located behind the buildings
and buildings built at or near the sidewalks
c. Applicant agrees to dedicate to City 50 feet of right-of-way south of the centerline of Rochester
Avenue along Rochester Avenue, prior to approval of a building permit or s~e plan including
any portion of the subject properly.
. d. Applicant agrees to install a curb and gutter along the edge of the existing pavement and an 8-
foot wide sidewalk on the south side of Rochester Avenue in conjunction with the development
of the CC-2 property. Applicant agrees that it shall bear all expense for these improvements
and said improvements shall be constructed in accordance with the C~y's specifications.
e. Applicant agrees that vehicular access to this property will be from Westbury Drive. No curb
cuts will be permitted onto Rochester Avenue.
4. The Applicant acknowledges that the cond~ions 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 Applicant acknowledges that in the event the subject property is transferred, sold, redeveloped,
or subdivided, all redevelopment will conform w~h the terms of this Cond~ional Zoning Agreement.
6. The parties acknowledge that this Cond~ional Zoning Agreement shall be deemed to be a covenant
running with the land and w~h t~le 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. The parties further acknowledge
that this agreement shall inure to the benef~ of and bind all successors, representatives and assigns
of the parties.
7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to
relieve the Owners or Applicant from complying with all applicable local, state and federal
regulations.
8. The parties agree that this Cond~ional Zoning Agreement shall be incorporated by reference into the
ordinance rezoning the subject property, and that upon adoption and publication of the ordinance,
this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's
expense.
Dated this
day of
,2006
ppdadrn'agtIcza-3 bulls,doc
Three Bulls, L.L.C. Conditional Zoning Agreement
Page 4
CITY OF IOWA CITY
By
Ross Wilbum, Mayor
By
Attest:
Marian K. Karr, City Clerk
Approved by:
~ z./qfcp(&
tity 'X'tt~~efs'~
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this gJ!!.. day of ~.hf, J nrll , A D. 20 CJ.o ,before me, the undersigned, a Notary Public in and
for the State of Iowa, ~ed 9M31 T. Larson and Casey Boyd, to me personally known, who
being by me u y swom, did say that the person is M o.na'3~ (tttle)
and . . (tttle) of _Y!. Bulls, LLC.
and that said Instrume was signed on beha~ of the said Ii . ed habili comRany by authority of its
manag.ers and the said S~n T. Larson and S-c. acknowledged the
execution of said Instrument to be the voluntary act and deed of salCl limtte liability company by it voluntarily
executed.
" Sarall E.IwIrtzIMraIIIr
~; \ c.....iloIIol.Number712284
_1 . Myc"',..J I "I"~
ow __ao,lll107
My commission expires:
STATE OF IOWA
)
)ss:
COUNTY OF JOHNSON)
On this day of , 2006, before me,
, a Notary Public in and for the State of Iowa, personally appeared
Ross Wilburn and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed
on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No.
passed by the City Council, on the day of , 2006, and
that Ross Wilburn and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act
and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
ppdadm'agVcza-3 bulls.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
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 2/13/06
Vote for passage: AYES:Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia. NAYS: None. ABSENT: None.
Second Consideration 2 /28 /06
Vote for passage: AYES: Elliott, 0' Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia. NAYS: None. ABSENT: None.
Date published
c:r:J
Prepared by: Joe Fowler, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5156
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, "CITY
FINANCES, TAXATION AND FEES,"
CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES"
OF THE CITY CODE, TO INCREASE PARKING
FEES AND INCREASE MONTHLY PARKING
PERMIT FEES.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. Section 3-4-8: Title 3, Chapter
4, Subsection 8, Parking Violations of the Iowa
City Code of Ordinances should be and is hereby
amended by repealing Section 3-4-8, relating to
parking ramps, parking meter fees, and fees for
City parking lots, and enacting in lieu thereof a
new Subsection 3-4-8 to be codified and to read
as follows:
Description Of Fee,
Charge, Bond, Fine Or
Penalty
Parking ramps:
Hourly parker (Tower
Place), per hour
Hourly parker (Ramp A),
per hou r
Hourly parker (Ramp B),
per hour
Hourly parker (Chauncey
Swan), per hour
Hourly parker (Court SI.
Transportation Ctr.), per
hour
Monthly all-day permits
(Ramp A and Tower
Place), per month
Monthly all-day permits -
(Ramp B), per month
Monthly all-day permits -
(Chauncey Swan &
Court Street), per month
Monthly all-day permits-
(Tower Place-secured),
per month
Monthly all-day permits -
(Advance payment -
Ramp A & Tower Place),
per year
Monthly all-day permits-
(Advance payment -
Amount of Fee,
Charge, Bond,
Fine or Penalty
$0.75
0.75
0.75
0.60
0.60
75.00
65.00
60.00
80.00
855.00
741.00
Ordinance No.
Page 2
Ramp B), per year
Monthly all-day permits - 627.00
(Advance payment -
Chauncey Swan & Court
St.), per year
Monthly all-day permits- 912.00
(Advance payment -
Tower Place - secured),
per year
Ramp A is the Capitol
Street parking ramp,
while Ramp B is the
Dubuque Street parking
ramp.
Reissue of ramp monthly 25.00
permit exit card, each
reissue
Reissue of all other 2.00
permits, each reissue
Penalties for parking
violations:
Overtime parking 5.00
Expired meter 5.00
Prohibited zone 10.00
Illegal parking - 100.00
handicapped parking or as stated in
space the Code of Iowa,
as amended
One hour restricted 5.00
zone, City Hall lot
All other illegal parking 10.00
violations
Increases:
30 days after issue, 10.00
overtime and expired
meter ticket fees shall
increase to
30 days after issue, all 15.00
illegal parking fees,
except handicapped,
expired meter and
overtime shall increase
to
Fee for contractor 10.00
reservation of space, per
day
Parking meter fees:
(except as otherwise
noted)
Central business district 0.75
on-street meter, per hour
Central business district 0.75
lot meter, per hour
Peripheral on-street 0.50
meter, (outside central
business district), per
hour
Ordinance No.
Page 3
100-500 block of North
Clinton Street, per hour
100-300 block of East
Jefferson Street, per
hour
100 block of East Market
Street, per hour
100 block of North Linn
Street, per hour
400 block of Iowa
Avenue,perhour
Peripheral lot meter,
(outside central business
district), per hour
Fees for parking in City
parking lots:
Monthly all day permits,
per month
Monthly all day permits
(annual advance
payment), per year
Monthly off hour permits
(after 5:00 P.M., Monday
through Friday, all day
Saturday and Sunday), per
month - all City surface
lots
City employee monthly all- Half price
day permits, per month
SECTION II. REPEALER. All ordinances
and parts of ordinances in conflict with the provi-
sions 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 on July 1, 2006.
0.75
0.75
0.75
0.75
0.75
0.50
60.00
684.00
54.00
Passed and approved this _ day of
,20_.
MAYOR
ATTEST:
CITY CLERK
Appr9ved by
fi
City Attorney's Office
');{'/O.
-
parkinglotdlfee incr 02-06.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
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration ? I? R IOF,
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott,
O'Donnell. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published