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HomeMy WebLinkAbout2009-12-14 Ordinance6a Prepared by: Christina Kuecker, Associate Plann (REZ09-00010~ington Street, Iowa City, IA 52240; 319-356-5243 ORDINANCE NO. __- ORDINANCE AMENDING THE P ZoN~ DFOR LOTP1n OLDE TOWNE VILLAGE, E LOCATED ON FAMILY RESIDENTIAL (OPD 8) WESTBURY DRIVE, SOUTH OF MIDDLEBURY ROAD, IN IOWA CITY, IOWA (REZ09-00010) WHEREAS, the applicant, Allen Homes, Inc, has requested amending the Planned Development Overlay Medium Density Singl ebumilRoad toeallow(foPtDhe add tion of five towlnhouse stylellugits,l mproved Westbury Drive, south of Midd ry open space, and a picnic shelter with grill area; and WHEREAS, the Comprehensive Plan indicates that this neighborhood, at the corner of Scott and Rochester, be developed as a commercial node with townhouses and small-scale apartment building nearby; WHEREAS, Lot 1 currently contains 15 townhouse style units; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAION D Ban forEthel props y delscrO~ibed belowTs hOereby amendedltov nclude SECTION I APPROVAL P five additional townhouse style dwelling units and improvements to the open space as illustrated on t e attached site plan and building elevations, which by this reference are incorporated herein: Lot 1, Olde Towne Village in accordance with th nPlat~ 43eacresoand subje~t ~o ea sments land the Johnson County Recorder's Office, conta g restrictions of record. SECTION II. ZONING MAPC.IThIoBa~ldo onform to thishamendment uponthe analcpassage, appeoval zoning map of the City of Iowa y, and publication of this ordinance by law. p g royal of the Ordinance, the SECTION III. CERTIFICATION AND RECORDING. ~ of th ssord nan a and to record the same, at the City Clerk is hereby authorized and directed to certify a copy office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided bylaw. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shalt 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. royal and SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, app publication, as provided by law. MAYOR ATTEST: CITY CLERK App ved by ity Attorney's Office / ~ /~ /U 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 Dickens Hayek Mims Wilburn Wright First Consideration 12/14/2009 Vote for passage: AYES: Correia, Hayek, O'Donnell, NAYS: None. ABSENT: None. Second Consideration Vote for passage: that the Ordinance Wilburn, Wright, Bailey, Champion. Date published b Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ09-00010) ORDINANCE NO. ORDINANCE AMENDING THE PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE FAMILY ~~S~~IDENTIAL (OPD-8) ZONE FOR LOT 1, OLDE TOWNE VILLAGE, LOCATED ON WESTBURY~pRIVE, SOUTH OF MIDDLEBURY ROAD, IN IOWA CITY, IOWA (REZ09-00010) WHEREAS, the a licant, Allen Homes, Inc, has requested amend~fng the Planned Development Overlay Medium Density Ingle Family Residential (OPD-8) zone for Lot 1; Olde Towne Village, located at Westbury Drive, south of dlebury Road to allow for the addition of five townhouse style units, improved open space, and a picnic shel r with grill area; and WHEREAS, the Compreh sive Plan indicates that this neighbor~iood, at the corner of Scott and Rochester, be developed as a co ercial node with townhouses ands all-scale apartment building nearby; WHEREAS, Lot 1 currently cont ~ns 15 townhouse style units; and WHEREAS, the Planning and Z ing Commission has the revi ed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED THE CITY COUNCIL O THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The OPD pla for the property desc bed below is hereby amended to include five additional townhouse style dwelling unit and improvemen to the open space as illustrated on the attached site plan and building elevations, which y this referenc are incorporated herein: Lot 1, Olde Towne Village in accordance with t e Plat t reof recorded in Book 49, at Page 321, of the Johnson County Recorder's Office, contai ing .43 acres and subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building zoning map of the City of Iowa City, Iowa, to c~ and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECD City Clerk is hereby authorized and directed to c office of the County Recorder of Johnson Coun SECTION IV. REPEALER. All ordinance Ordinance are hereby repealed. for hereby authorized and directed to change the to thi amendment upon the final passage, approval ING. Upon assage and approval of the Ordinance, the ify a copy of th ordinance and to record the same, at the Iowa, at the owne 's expense, all as provided by law. and parts of ordinan es in conflict with the provisions of this SECTION V. SEVERABILITY. If any s ction, provision or part of thl invalid or unconstitutional, such adjudicati n shall not affect the validity section, provision or part thereof not adju ed invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. is Ordinance shall be in effect publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by / Ordinance shall be adjudged to be f~the Ordinance as a whole or any r, ~ftex,its final passage, approval and N O ~~ D .~ rn n ,~„~ ' 3 -t t =urn = ~~ N ~ cn cs~ City Attorney's Office Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ09-00010) ORDINANCE NO. ORDINANCE AMENDING THE PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (OPD-8) ZONE FOR LOT 1, OLDE TOWNE y/ILLAGE, (REZ09-00010) WHEREAS, the applicant, Allen Homes, Inc, has requested Overlay Medium Density Single Family Residential (OPD-8) zone for Westbury Drive, south of Middlebury Road to allow for the addition c open space, and a ~ nic shelter with grill area; and WHEREAS, the omprehensive Plan indicates that this neig Rochester, be develope s a commercial node with townhouses a WHEREAS, Lot 1 curve ly contains 15 townhouse style units; nc WHEREAS, the Planning nd Zoning Commission has the revi~ recommended approval. nding the Planned Development 1, Olde Towne Village, located at townhouse style units, improved boyhood, at the corner of Scott and small-scale apartment building nearby; the proposed rezoning and has NOW, THEREFORE, BE IT ORDA ED BY THE CITY COUN IL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The OP plan for the property escribed below is hereby amended to include five additional townhouse style dwelling nits and improv ments to the open space as illustrated on the attached site plan and building elevations, ich by this ref rence are incorporated herein: Lot 1, Olde Towne Village in accordance wi the P at thereof recorded in Book 49, at Page 321, of the Johnson County Recorder's Office, con in' g 2.43 acres and subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building In pector ' hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to co orm to thi amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RE RDING. Upon p sage and approval of the Ordinance, the City Clerk is hereby authorized and directed t certify a copy of this finance and to record the same, at the office of the County Recorder of Johnson Co nty, Iowa, at the owner's pense, all as provided by law. SECTION IV. REPEALER. All ordina es and parts of ordinances i conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any ection, provision or part of the Ord ance shall be adjudged to be invalid or unconstitutional, such adjudic ion shall not affect the validity of the dinance as a whole or any section, provision or part thereof not ad' dged invalid or unconstitutional. SECTION VI. EFFECTIVE DAT .This Ordinance shall be in effect after its fina~assage, approval and publication, as provided by law. ,.~, a 0 d ~ ~ 7~.r.,y r~ MAYOR c~-C °` ~~ v~\ J~ ~m ~ m ATTEST: O ~ CITY CLERK ~~ "- Approved by T- can Ciry Attorney's Office Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ09-00010) ORDINANCE NO. ORDINANCE AMENDING THE PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (OPD-8) ZONE FOR APPROXIMATELY 2.43 ACRES OF PROPERTY LOCATED ON WESTBURY DRIVE, SOUTH OF MIDDLEBURY ROAD (REZ09-00010) WHEREAS, the applicant, Allen Homes, Inc, has requested amending the Planned Development Overlay Medium Density Single Family Residential (OPD-8) zone located at Westbury Drive, south of Middlebury Road to allow for the addition of five townhouse style units, improved open space, and a picnic shelter with grill area on Lot 1 of Olde Towne Village; and WHEREAS, the Comprehensive Plan indicates that t corner of Scot and Rochester be developed as a commercial node with townhouses and small-scale apart ent building nearby; WHEREAS, Lot 1 currently contains 15 townhouse le units; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended approval. ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The OPD plan for the property described below is hereby amended to include five additional townhouse style dwelling units and improvements to the open space as illustrated on the plan: Lot 1, Olde Towne Village in accordance with,°the Plat thereof recorded in Book 49, at Page 321, of the Johnson County Recorder's Office, c~taining 2.43 acres and subject to easements and restrictions of record. SECTION II. ZONING MAP. The Buildi Inspector is hereby authorized and directed to change the zoning map of the City of Iowa Ciry, Iowa, t conform to this amendment upon the final passage, approval and publication of this ordinance by law. ,, SECTION III. CERTIFICATION AND ECORDING. Upon passag and approval of the Ordinance, the City Clerk is hereby authorized and dire ed to certify a copy of this ordin ce and to record the same, at the office of the County Recorder of Johns n County, Iowa, at the owner's expe e, all as provided by law. SECTION IV. REPEALER. All dinances and parts of ordinances in c flict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordina ce shall be adjudged to be invalid or unconstitutional, such djudication shall not affect the validity of the Or ~ ance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. 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I ~ ~ / ~'. .. i - '., a° ;! 0r .c I ~ >H°` ~~ i ~, 9965-8f S' (6lf) 04ZZS VMOI 'ul~ VMOI '3AIN0 9NI123315 HLBZ • aarn.zas ~ur~,~e~zQ s,.zane.z~u~ • 9629-065 '.7N/ S3/FOH N3T/tr1 d8 s~vrrm .~nc~o~c sago r ,coy ~v soavo~ ,t/Nn s N Z O W J , W H Z N O . ~^ vv ~- ,~: . rs . ~-.e To: The Iowa City Council and those Concerned From: Ed Foraker, 3527 Middlebury Rd., IC, IA Re: REZ09-00010 (.44 acres located on Westbury Dr., IC) Date: December 2, 2009 The purpose of this letter is to lodge a formal protest of the above mentioned rezoning proposal on Westbury Dr., IC. There are 22 notarized protest forms in this packet from neighbors of which at least 19 are believed to be within the 200 ft. range of the subject area (at least 40% of the total number in that range). The reasons for the protest revolve around real issues. First, the land owners were deceived when they purchased property adjacent to the subject area. Not only were all recorded legal documents indicating this space as "open", the landowners were told by the builders that the space was to remain open. There are no documents or communication to the contrary addressed to any of the affected owners. The owners first learned of the proposal when rezoning signs were placed in the neighborhood. Elizabeth Koppes, Vice Chair for the Planning & Zoning Commission voted against this proposal for reasons surrounding this deception. Board members Josh Bussard and Tim Weitzel both voting for the issue said they "were conflicted" on their vote, meaning they did not like the deception involved. Board member Wally Plahutnik said heo "regretfully supports" the proposal. This is not to say that any ir~nd to deceive, however, everyone buying property contingent to ~~p~ -- space was in fact, deceived. -=~~ '~' ~ :{ ~ ~ This deception probably suffices for reason to support this prt; ~,, however, there are other reasons. Une is parking. Every pet~on saner is concerned about parking. Although on paper it appears there will be adequate parking, this is not a reality. Because of the success of Blackstone Restaurant proximal to the open area, there have been two segments of streets closed to parking; parts of Middlebury Rd. and Westbury Dr. it is true that neighbors support the no parking (including me), as it was unsafe to maneuver though the area during certain times of the day and night. As I type this document I look out my window and see other "no parking" signs being placed on the west side of Westbury Dr., completely closing parking off on Westbury leading to and directly in front of the open area. I can no longer park near my home, unless in my garage or on the driveway. If the 5 plex were there, no one could park directly in front of it. As more successful businesses open adjacent to the open area, the problem will accentuate. Furthermore, since the proposed 5 plex would eliminate parking on the alley contingent to the open area, there will be more need for on street parking that will be difficult or impossible to accommodate. Two of the Planning a Zoning Commission members thought a five plex would improve the appearance of the area. The petitioners strongly disagree, and believe an open and green area that is carefull~lanc:aped with possible playground structures would be infinitely more a~tic~ily appealing. ~~ `; ° ~~ N In addition, the report of the city planners to the Planning & Zng~ Commission contain support for an open area, for example: esa elements such as planted medians, landscaping, and small neighb~$hood greens should be designed to soften the appearance of the streets and enhance the quality of the neighborhood. Single-loaded streets along stream corridors and around parks should be considered wherever feasible". Does this not support an open area? Another quote taken from the same section of this report states: "Other parks and neighborhood greens will be developed within three to four blocks of every residence. These areas will help to add visual interest to the neighborhood and break up the street pattern, as well as provide easily accessible open space for play areas. These small parks are an important amenity within a compact neighborhood design. Linear parks along the waterways will provide far flood protection as well as recreational trails, wildlife corridors and natural buffers." Again, which is indicated by this quote, an open area or a 5 plex? Lastly, one questions why the City Planners originally approved the plan with an open area with NO indication that it be used for residential space. If it was a good idea then, it certainly is a good idea now. What has changed? The logical conclusion revolving around deception, parking, the aforementioned quotes, and original intended use of this open area is to keep this area open. To do so is the right thing to do. Thank you, Ed Foraker 0 N O O v0 ~~ h ~~ n~ ~~ ~ ~ ~~ ~ ~•~ 3 W ~' STAFF REPORT To: Planning & Zoning Commission Item: REZ09-00010 Westbury Drive GENERAL INFORMATION: Prepared by: Christina Kuecker Date: November 5, 2009 Applicant: Allen Homes, Inc P.O. Box 3474 Iowa City, IA 52244-3474 Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Jesse Allen (319)530-8238 Amend the existing OPD Plan for Olde Towne Village To add 5 additional townhouse style units to Lot 1 of the previously approved OPD plan Westbury Dr .44 Acres OPD-8 -the location of the new 5 unit building is currently shown as open space in previously approved OPD plan North: OPD-8 (Planned Development Overlay Medium Density Single Family Residential) CC-2 (Community Commercial) South: OPD-8 OPD-12 (Planned Development Overlay High Density Single Family Residential) East: OPD-8 West: OPD-8 RS-5 (Low Density Single Family Residential) Comprehensive Plan: Northeast Planning District -designates the corner of Scott and Rochester as a Commercial Node with townhouses and small-scale apartment buildings nearby with accessible pedestrian pathways. Neighborhood Open Space District: NE-3 -Lower West Branch 2 File Date: October 15, 2009 45 Day Limitation Period: November 29, 2009 BACKGROUND /NFORMATION: The original Olde Towne Village OPD plan was approved in 2005. This plan encompassed an area of approximately 21 acres and 62 dwelling units, with a combination of zero lot line duplex units, townhouse style units and detached single-family units. Many of the proposed units have been built. The northern portion of Olde Towne Village was designated as commercial and is partially built out. The applicant is proposing to amend the OPD plan to add an additional five townhouse units to the plan. This area is shown as open space in the original OPD plan. The applicant has indicated that they have used the "Good Neighbor Policy" and have had discussions with neighborhood representatives, although have not provided details of these discussions to staff. ANAL YS/S: Current Zoning: The area is currently zoned OPD-8, with a combination of zero-lot-line duplexes, townhouse style units, and detached single family. Lot One was designated to contain 15 townhouse style units and the location of the proposed building is shown as open space in the OPD plan. Proposed Zoning: The proposed zoning would provide for five additional townhouse units and an improved open space with a picnic shelter and grill area for the residents of the area. The developer is requesting a displacement of open space for the construction of five townhouse style units. In return, the developer is improving the remaining smaller open space. Compliance with Comprehensive Plan and Neighborhood Compatibili~r: The Northeast District Plan designates the corner of Scott and Rochester as appropriate for a commercial node. It indicates the need for townhouses and small-scale apartment buildings near by with pedestrian connectivity to the commercial area. The commercial node at the corner of Scott and Rochester is being developed. The surrounding areas are being built to contain a variety of housing types, including duplexes, detached single family, and townhouses. The proposed townhouses are of a similar style and quality as the existing townhouses in the area. However, because of the lack of grade change, the garages are on the first floor, rather than underneath the unit. This does not allow for the rear balcony areas that the other units in the area have. In order to compensate for this, the proposed design has deeper and wider porches to allow the residents to have some private usable outdoor space. The proposed porches are 6 feet deep and range in width from 15' 8" on the center units to 31' x 16' wrap around porches on the end units. In Staff's opinion, the proposed additional five units comply with the Northeast District 3 Plan and are compatible with the existing land uses in the area. Staff believes that the proposed building is appropriate infill development and will provide for a nicer streetscape along Westbury Drive, hiding the rears of the buildings along the private alley. The proposed porches will provide variety among the townhouses in the area and will be a nice feature for the residents. In addition, the increase in housing units in the area will further support the nearby commercial area. Nonetheless, staff believes that this increase in units and decrease in open space requires something in return. The developer is proposing to provide improved private open space to the south of the proposed townhouses. The applicant is showing a substantial shelter, a grill area, access paths, and landscaping. Staff believes that the proposed shelter should be of quality materials that will require minimal maintenance from the Homeowner's Association. The interests of the existing residents who have bought homes in Olde Towne Village and were told that this area was to remain open space should be considered. The applicant proposes to improve the remaining open space with amenities for all to enjoy as compensation for the reduction in the amount of open space. In addition, as noted above, staff finds that the new units will result in an improved streetscape along Westbury Drive that will be a benefit to the neighborhood. Variations from the Zoning Code: The proposed townhouses require variations from the underlying zoning requirements. The imaginary lot sizes range from 2,315 to 8,536 square feet, while the minimum lot size in the RS-8 zone is 4,000 square feet when alleys are provided for access. The lot widths for the interior units are 23 feet, while the minimum is 40 feet. A reduction in the required side yard setback is also required for this proposal. The end units meet the requirements of the underlying zoning, but the middle units do not. In order to compensate for the variations in the Zoning Code the developer is proposing to create usable open space for the residents of Olde Towne Village. A substantial shelter and a grill area are being proposed, along with considerable landscaping. Staff believes that these features will be a nice asset for the residents in the area and that the proposed additional units are compatible with the existing neighborhood. Traffic implications/Access: The proposed townhouses access the existing private alley. The addition of five new units will have minimal impact on the traffic in the area. The street and alley pattern have already been established in the area and the proposed units fit into the established pattern. Other: The Neighborhood parkland requirements, storm water managements, and infrastructure fees were addressed at the time of the approval of the original OPD plan. The open space indicated on the original OPD plan in this location does not contribute to the neighborhood parkland requirement. The City Engineer has reviewed the plan and has identified some technical items that need to be corrected, such as the labeling of easements and grading of the site to provide adequate drainage. It is anticipated that these issues will be addressed prior to consideration by the Planning and Zoning Commission. SUMMARY.• The applicant is proposing to amend the OPD plan for Olde Towne Village to add five 4 additional townhouse units along Westbury Drive. This area is shown as open space in the original OPD plan. Staff believes that this infill is an appropriate addition to the neighborhood that is compatible with the existing development in the area. The proposed building will improve the streetscape along Westbury Drive and will screen the view of the rear of the existing townhouses to the west. The additional units will also provide additional support to the nearby commercial area. The development does require modifications of the underlying zoning requirements and eliminates previously designated open space. In order to compensate for the reduction in open space, the developer is proposing to construct a picnic shelter/gazebo and grill area that will be accessible to all Olde Towne Village residents. The remaining open space will be landscaped to provide a functional and useful open space for the neighborhood. STAFF RECOMMENDAT/ON: Upon resolution of the deficiencies noted below, staff recommends REZ09-00010, an application submitted by Allen Homes Inc for an amendment to the Planned Development Overlay Plan for approximately .44 acres of property along Westbury Drive, south of Middlebury Road (Lot 1 of Olde Towne Village) to allow an additional five townhouse style dwelling units be approved. DEF/C/ENC/ES AND D/SCREPANC/ES: Technical items as identified by the City Engineer ATTACHMENTS: 1. Location Map 2. Plan or plat 3. 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Q ~~=I ~ ~~~ 5 UNIT CONDOS AT LOT 1 OLDS T01/IVE VILLAGE ~ Untrauer Drafting Service, Inca i e..Yd ___ _...._ BY LALLEN II~AIES, INC. 53~-8238 _ 2878 STERLING DRIVE, IOWA Cltt, IOWA 52240 (319) 338-5966 W N W --~ ~ N m Z m y n ~ n Z r r b~ °•m m r W O N ~-~N/ L~ z V / N~ L~ ~~ g ~ ~ ~ ~ ~ .~~ ~m~ ~ c a ~'" '~~~ .~ A .~ _m C ~ ., ~ N G . ~ ~ ~ J ~- ~ ~ ,L~. ti7 +~~,,,. ~ CA .~. m ~ 44 CV O ~ d N l0 0 0 0 0 0 ~ 0 a~ ° ' - cD i ~° ~ ~ Y O O U t ~ ~ ~ N ~ ~ O ~ L -p ~ -~ o ~ ~ ~ o o ~ a ~ ~~Z~v ~zenixa '1 0 o a o ~ ~,~ ~ °' 1 . o N O O O O O DO ~ W t Y Y `1 O `-L O Y O ~ ~ ~ ~ ^' I O N O O T w _ ____. ~ Q _. __ o ~ O ~ O ~ O ~ O ~ O o a~ 3~ . "--~~ r__ --- 0 0 ~ 0 ~ -.-. a _____ ~ . 1 O . +~. ~` ~ M F+-I _ ___O r O N N N O ~ ... C L C-' __'__. _ _ __ ~~ C ~ O o ._ WW / O N N N O ~~ ~ I~r% ~ O ~ Ati Y `n ~ ° °' tV PTB F cv ~ ~ ' c g o r%~ r7 r7 0 0 • Q, d N N N ~~ O C d- N N N ~ ~ O Q ~ T ~ O O O O O O ~ d~ W F P, City of Iowa City MEMORANDUM Date: November 19, 2009 To: Planning and Zoning Commission From: Christina Kuecker, Associate Planner RE: REZ09-00010 Westbury Drive A new site plan has been submitted. The driveways in the rear have been narrowed to provide for more green space and plantings between the driveways. The landscaping in the open space has been shifted to create more usable open space and the paths leading to the proposed shelter have been moved to provide. handicap accessibility. The technical issues regarding drainage and erosion control have been addressed. There were a few minor issues regarding labeling identified by the City Engineer that needed to be worked out. The City Engineer is reviewing the new site plan. These issues will also be checked when the Final OPD Plan is reviewed by Staff. Site Plan and correspondence enclosed HOLLAND & ANDERSON LLP 123 N. Linn St., Suite 300 P.O. BOX 2820 Iowa City, IA 52244-2820 Phone: (319) 354-0331 Fax: (319) 354-0559 November 11, 2009 VIA E-MAIL Christina-kuecker@iowa-city.org City of Iowa City Planning & Zoning Department c/ o Christina Kuecker Associate Planner RE: Lot 1 Olde Towne Village Dear Ms. Kuecker: C. Joseph Holland jholland @ icialaw.com Lars G. Anderson lnderson @iciataw.com Tarek A. Khowassah tkhowassah @ icial aw.com Our office represents Allen Homes, Inc. I understand that at a recent Planning & Zoning Commission meeting there were some questions raised about certain condominium documents. The purpose of this letter is to provide a brief history and explanation of Allen Homes, Inc.'s involvement in Lot 1, Olde Towne Village Condominiums and the relevant condominium documents. The Condominium Declaration for Lot 1, Olde Towne Village Condominiums was recorded June 27, 2008. The owner at that time was Larry J. Lee Construction, Inc. Larry J. Lee Construction, Inc. is identified as the Declarant for the Condominium Declaration. At the time the Declaration was recorded, there was an unrecorded contract for the sale of the property, with the exception of what is now Building A of the condominium project, to Allen Homes, Inc. Subsequent to the recording of the Declaration, Larry J. Lee Construction, Inc. transferred all of the developer's and declarant's rights to Allen Homes, Inc. and executed a deed in favor of Allen Homes, Inc. The original Declaration provided that there would be four buildings, Buildings A, B, C, and D, with Buildings A, B, and D, containing 4 units and Building C containing three units. Attached to the Declaration as Exhibit E, was a site plan showing the location of those buildings. Before any units were conveyed by Larry J. Lee Construction, Inc., or Allen Homes, Inc., the Condominium Declaration was amended, with the approval of Larry J. Lee Construction, Inc., to allow for up to 6 additional units to be constructed, and further to specifically provide that Exhibit E may be amended to incorporate those units. The construction of the additional units was, and remains, contingent upon approval of the rezoning request. The construction of the additional units and amendment of the site plan for the condominium project, has been a matter of public record since April, 2009 when the First Amendment to the Condominium Declaration was recorded. Should you have any questions or concerns regarding this, please do not hesitate to contact me. Sincerely, Lars G. Anderson LGAaes cc: Allen Homes, Inc. To Whom It May Concern: As a resident of Olde Towne Village, I am in favor of developing additional housing units (5-plex) on the west side of Westbury Drive. The current weed patch takes away from the community "feel" of our neighborhood. Additional residents will surely assist in easing Association dues and responsibilities for the neighborhood as well. Regards, Chad Struve 318 Westbury Dr Iowa City, IA 52245 Page 1 of 1 Christina Kuecker From: Jesse alien [allenconstruction1 @hotmail.com] Sent: Monday, November 16, 2009 4:25 PM To: Christina Kuecker Subject: FW: Adam Slager, five unit Date: Mon, 16 Nov 2009 14:14:44 -0800 From: moonu400@yahoo.com Subject: Adam Slager, five unit To: Allenconstructionl@hotmail.com To whom this may concern, This is in regards to the propose five unit plan located on Westbury Dr.. I currently live at 3512 Glastonbury which is located across ftom the street from the propose dwelling. I am all in favor of the building and have no objections. I am also in favor of the five unit because of the park that they would have to build. I believe that would improve our community alot. Sincerly, Adam John Slager 3612 Glastonbury Dr. Iowa City, Iowa 52245 Hotmail: Trusted email with powerful SPAM protection. Sign up now. 11 / 16/2009 Page 1 of 1 Christina Kuecker From: jesse alien [allenconstruction1 @hotmail.com] Sent: Monday, November 16, 2009 3:50 PM To: Christina Kuecker Subject: FW: Lot #1 Olde Towne Village To: allenconstructioni@hotmail.com Subject: Lot #1 Olde Towne Village From: cdtweden@scheelssports.com Date: Mon, 16 Nov 2009 15:43:18 -0600 To whom it may concern: I am currently a home owner at 445 Thornbury Avenue in Olde Towne Village in Iowa City.. I am in support of the building that Allen homes is planning to build in lot number 1, as shown to me in the plans by Jesse Allen. I feel it would be a good addition to our development and would improve the overall impression. Cory Tweden Store Leader/Partner Iowa City Scheels Coralville, Iowa 52241 PH 319-625-9959 FA 319-625-9979 cdtweden@scheelssports.com Hotmail: Trusted email with powerful SPAM protection. Sign u~ now.. 11/16/2009 11 / 16/2009 To Those Concerned, It was brought to my attention in the last week or so that Ed & Melanie Foraker were concerned about Jesse Allen of Allen Construction wanting to build a 5 plex on a property south of him. Ed and Melanie came down to our house and told my wife and I that Jesse wanted to build on a green space and he had a petition for me to sign if we agreed with him. At that time Ed told my wife and I that the front of the new building would be facing the garages of those town houses to which was also on a private alley. He also said that Larry Lee told him that if anything was done on that parcel would only be parking. My wife and I signed the petition because when we bought and built our place on Westbury Ct we were told by the developer that it was green space. The next day I called the City of Iowa City and spoke with Christina Kuecker who informed that the space being under consideration for the 5 plex was indeed on an open lot and not a green space. Also Jesse owned it and he could build on it if it were approved by Planning & Zoning. I also found out that the front of building would be facing Westbury Drive and he is putting brick on them also. I don't think Jesse was aware of what Larry Lee told Ed and others there about making it parking spaces and or for trees. If Larry wanted that then he should have informed Jesse before he sold it to him and had it in writing. I called the Forackers back and told them the reason why we wanted our names off of the petition. Jesse builds a very fine product and I'm sure it will look beautiful with some trees and shrubs on it like he has done with his other places. It's just too bad there was a misunderstanding to this whole thing between Larry, Jesse and the tenants. So grant him the right to build on HIS property. Russell & Audrey Haught 333 Westbury Ct. November 16, 2009 To whom it may concern: This in response to the new construction of a 5 unit off of Westbury Drive. Currently I reside at 3610 Glastonbury--directly across from the proposed building. I believe this would be a reasonable project and would help to hide the garages of the existing 4 units. I would have no objections to the proposed 5 unit. Sincerely, Tyler Mulford Homeowner ZEBULON RINO 309 WESTBURY DR. IowA CITY, IA 52245 PHONE (3 7 9) 354-1 370 ZEBRINO@GMAIL.COM NOVEMBER ~ 6, 2009 TO WHOM IT MAY CONCERN: MY NAME IS ZEB RING AND MY FAMILY AND I LIVE IN THE OLDE TOWNE VILLAGE DEVELOPMENT HERE IN IOWA CITY. IN RECENT WEEKS WE HAVE BEEN INFORMED THAT A REZONING HEARING WAS BEING HELD IN REGARDS TO THE FINAL DEVELOPMENT OF A TOWNHOUSE LOT. MY WIFE AND I WERE BOTH RELIEVED TO SEE THE PROPOSED DESIGN BY JESSE ALLEN OF ALLEN HOMES, WHICH WE RECEIVED IN THE MAIL. AS HOMEOWNERS ON WESTBURY DR. WE ENJOY OUR TIME AROUND THE WETLANDS AREA AND OUR WALKS DOWN TO THE NEIGHBORHOOD MAILBOX. WITH THAT BEING SAID MY WIFE AND I, ALONG WITH THE OTHER RESIDENCES ALONG WESTBURY DR. AND LOWER WEST BRANCH RD., THAT WE'VE SPOKEN WITH, WOULD MUCH RATHER SEE THE PROPOSED SHELTER/PARK AREA AND WELL DESIGNED FACADES OF TOWN HOMES THAN THE MUCH LESS ATTRACTIVE GARAGES AND BACKSIDES OF WHAT IS CURRENTLY BUILT. WE HAVE SEEN ALLEN HOMES BU1LD THE OTHER TOWN HOMES ^ IN A TIMELY, WELL KEPT, AND COURTEOUS FASHION AND LOOK FORWARD TO SEEING THE FINISHED PRODUCT OF WHAT HAS BEEN PROPOSED. ^ THANK YOU FOR YOUR TIME. SINCERELY, ^ ^ ZEB RING To Whom It May Concern, It has come to my attention that Allen Homes has begun the process to rezone a parcel of land just south of Middlebury Rd. They would like to build a five unit townhome to occupy the space of an empty lot they own. As an Olde Towne Village resident and business owner, I give my full support for this proposal. Allen Homes has been one bright spot in the otherwise disappointing development of Olde Towne Village. Allen Homes has developed a great deal of the residential buildings in the "village" and has done so expeditiously with quality craftsmanship. Jesse Allen has also been responsible for additional foliage throughout the development, even on lots he didn't develop. The townhomes are a good opportunity for the neighborhood. I understand the complaint that it will occupy green space. I believe that we have more than enough green space through the water run off area in the southeast corner of the neighborhood. That area alone has been quite difficult to arrange proper maintenance. Residents will be responsible for the upkeep of the empty lot, adding to association dues. Jesse Allen also maintained the lot this summer, not charging for his services. There maybe some confusion as to the type of building and the potential residents. This building is not for the assisted housing plan. That plan is the lot with the big, sliding hill south from this lot. There will be no assisted housing associated with this parcel. My only wish is that Allen Homes built my home as well as the other building that is lagging and has been an eyesore to everyone that drives by. Having someone that stands behind their work is a valuable resource these days. I know of multiple residents that have been unable to get their contractors to complete "warranty" work for their homes. I have never heard a bad comment about any of Allen Home's buildings or service. This opportunity makes complete sense for the Olde Towne Village. I recommend we fully support this rezoning process. Erik Shewmaker 3617 Middlebury Rd Blackstone (319) 530-2664 cell c.vv. ..~v-iv V1 11 r[•[ A(IlC[~1C.UI1 Dutlx m li'u5Ll 1H 1..11 Y 1 J1yJJCSJ44y ~!-MERIC~~N BANK &'I'RUST Success happens k~erE. November 18, 2009 City of Iowa City 410 E. Washington St. Iowa City, IA 52240 RE: Lot 1 Olde Towne Village To Whom It May Concern: I am writing this letter in support of a request that will be coming to you Allen of Allen ~Iomes, Inc. As 1 understand it, Mr. Allen is proposing to 5-plex on I,ot 1 of the Olde Towne Village Subdivision in Iowa City, IA. iii ~a7 ~~~o Mr. Jesse tract a I am an anchor tenant in the corzuzl.ercial Iot owner's development adjacent residential development where Mr. Allen has successfully built numerous u to construct this 5-plex. Those housetops are critical to the ongoing sueces: businesses in Olde Towne Village. The development has grown somewhat given the current economy and this has caused us to rely heavily on the curl residential developznelnts for patronage. I ask you to support Mr. Allen's rc turn, support the growth of the overa1141de Towne Village development. Thank you. Sincerely, amela S. Pas ore VP, zowa City Market Manager ~ the its and plans of the and, inl Member (877) G2G-22G5 ~1~ www ambankgc.com ~ o~ To Whom It May Concern, 18 November 2009 We recently signed an agreement with Mr. Jesse J. Allen, of Allen Homes, Inc to purchase the properties at 372, 3?4, 376, and 3?8 N. Scott, Iowa City, immediately upon construction completion. We have reviewed the proposal for construction of a 5 unit building to be located adjacent to our properties. We are aware of the proposed building project and do support the construction of same. Our thinking, at this time is that the proposed building would only add value to our properties . Being cognizant of Mr, Allen's expertise in building and develop - ment, we are confident that he will perform excellently, and we would be pleased to see this project go forward, as proposed. We look forward to ,joining with others in the development of this very pleasing environment. Respectfully submitted, Claude D. Williams and Carol J. Williams 33 Mary Ct, Iowa City, Iowa 52245 November 1 S, 2009 To Whom It May Concern, My name is Robert Thompson and my fiance, Kayla Knuth and I live in lot 1, 414 N. Scott Blvd. We have been made aware by the builder of our condo that there are still changes to come. He has been very open about building a new five unit condo behind our home. He has shown us extensive blue prints and we both feel very comfortable with the design and layout of the new construction. Along with the new condos he also showed us a design for a new gazebo and grilling area for families living in our association. I feel that this will greatly enhance our neighborhood both esthetically and functionally. Therefore we support all construction to be done by Allen Construction. Sincerely, Robert R. Thompson Kayla Knuth Page 1 of 3 Christina Kuecker From: Bob Miklo Sent: Tuesday, November 17, 2009 12:31 PM To: Christina Kuecker Subject: FW: REZ09-00010 From: eforaker@aol.com [mailto:eforaker@aol.com] Sent: Tuesday, November 17, 2009 12:29 PM To: PlanningZoningPublic Subject: REZ09-00010 To: Iowa City Planning and Zoning Commission From: Ed Foraker, 3527 Middlebury Rd, IC Date: November 17, 2009 Re: Proposal on Westbury Dr. (REZ09-00010) This letter is written to support the protest of the above named proposal. Twenty three notarized Protest Forms have been obtained from land owners who live within 300 feet of the proposed area. Only 23 have been contacted to date, and more will be obtained as it is an arduous process. All land owners contingent to the proposed area (on the alley) have protested, except for the petitioner. Therefore virtually all those contacted were in favor of the protest and signed the petition, and none were in favor of the proposal. Everyone signing the petitions has similar reasons for their protest, which are outlined below. As you move along Westbury Dr., it is preferable to view an open space rather than a five-plex. All the neighbors want to see trees, shrubs and other plantings in that space. The space could be designed with plantings and structures to obscure or obstruct the view of the units presently constructed on the alley. In addition, the contingent landowners are very interested in having some playground structures, which would give the area a "park-like feel". There is a concern that the proposal will cause congestion problems that have already surfaced on Middlebury Rd. and Westbury Dr. Evidence of this congestion is newly restricted parking on the south side of Middlebury and the adjacent west side of Westbury Dr. (no parking). Since parking would be further restricted on the alley because of the new units, it would intensify the parking problems that already exist on 11/17/2009 Page 2 of 3 Westbury. In addition, the eventual further development of the commercial land adjacent to Middlebury Rd. will intensify parking problems on Westbury. It is my understanding that 2 years ago a portion of Westbury was closed for a short time due to flooding. The problem has been addressed, however, has not been solved for certain as work on the water retention area continues. It would make sense to wait until the building now being constructed on the alley (a 4-plex) is completed and assess the impact of that construction before building more units anywhere contingent to Westbury. Also, the impact of placing a large number of units (20) in a relatively small space may create other problems that are either unknown or unanticipated. Snow removal may be one of those problems. The Comprehensive Plan for this area written by the city planners seemingly supports keeping this area open. A quote, taken from that document, states; "Green elements such as planted medians, landscaping, and small neighborhood greens should be designed to soften the appearance of the streets and enhance the quality of the neighborhood. This statement supports the feasibility to use this space as quoted above and keep it open and green. Also, a quote from the same section applies to this area: "Other parks and neighborhood greens will be developed within three to four blocks of every residence. These areas will help to add visual interest to the neighborhood and break up the street pattern, as well as provide easily accessible open space for play areas. These small parks are an important amenity within a compact neighborhood design. Linear parks along the waterways will provide for flood protection as well as recreational trails, wildlife corridors and natural buffers." According to these standards, support is given to keeping this space open and green. In addition, strong support is given to the original plan of keeping it open and providing a "play area". The document echoes the aformentioned parking concern: A pedestrian orientation for the center will incorporate such features as on street parking". As mentioned above, on street parking would be further limited by the proposal. Finally, it is understood that the Olde Towne covenants seemingly have little impact on this project. However, this protest would probably not be formulated if any of these documents reflected the intended use of this area as proposed. These documents have deceived the land owners adjacent to the area. That is not to say the deception was intended by anyone, however, the impact was that of deception. The legal recorded documents illustrating the use of this area indicate that the space is to be open; all of the buyers were led to believe that to be the case. Two such documents have been recorded, one by the petitioner and one by Larry Lee that illustrate that this space is to remain open, thus deceiving the buyers. Acknowledgment that the Planning & Zoning commission members have received this mail would be greatly appreciated. Thank-you Ed Foraker 11/17/2009 Property Owners Protesting Proposed Zoning change for Westbury Drive i w Q ~ _ -"~, ~~ ', ' ~ ,i ,4 S j{ 5 3 j G 1 `' lJ" ---- f _.... 1 ~ ~~ ~~~ '1 .~•''~~~ "'~ ~ ,\ ~~•..., , ~r f 'Y FST B~q~ ~il' ~y .. '~'O LOWER WEST BRANCH ROAD ,, Proposed re-zoning area ~:~ Area within 200' of rezoning area (9.63 acres) Percent of property within 200' area (1.73 acres = 17.96 %) Percent of property within proposed re-zoning area=46.67 % N ~~ i 5 ~ \~ / e:., ~ - ~ 14 ii ~~ _ i '~ J`L:Y~~--- CITY OF fOIFA CITY PROTEST OF REZONING T0: HONORABLE MVAAYOR AND CITY COUNCIL IOWA CITY, IO We, the undersigned, being the owners of plocpat d within two hundred feet of the exterior change, or the owners of property which is rotest the boundaries of the property for which the zoning change is proposed, do hereby p rezoning of the following property: V~ sk b ~ ~ ~G - ~CZ-~ `ODD\o La~ .~ OI.~E. lo~~~ ~e. ~(~ c_.c..A G ~. This petition is signed and acknowledged by ethe fa orable votelof at least hree-fourths rezoning shall not become effective except by of all the members of the council, all in accordance with 414.5 of the Code of Iowa. ~' s~-z ~S By: Owner(s) Of Property Address N 4 ~ ~ STATE OF IOWA ) D ss: c>-~ ~ -- JOHNSON COUNTY) =-fc-~ ~ ~ ~~~4, da of g"d`-~'`M~~-C , 20 ~~, before me, tJ3~~.~de~ec On this y ersonall a eared ©~ to a Notary Public in and for said County and State, p y pp ~ .. _ <, (Z;EC e(~y I~ ~ 1,~2f~S T F (~ and to me known to be the identical persons namet e executed the satme as theihvolu~ntary foregoing instrument and acknowledged th y act and deed. ,n ~~ ~~ ~, r ~ ~_~ .y ~, Not ry Public in and for the State of Iowa Orig: Subd Folder Cc: CA PCD Council Media File ~ t ~ ~ ~orMo Mp COIIi11iM~Mi~f! ~lkr~~ ! -\` ~. ~~ ~ \ - \ ~:;~ : _~ --~,:x~.--- PROTEST OF REZONING CITY OF IOWA CITY T0: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: 00 This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. y. ~' ~..~-~. l n y' ~ _.~" Owner(s) `~< Of Property Address ~~ ~ ~~ `~S B B n STATE OF IOWA ) ~n rn JOHNSON COUNTY) ~"'~ ~, On this r day of 20 before me th~ erg ed a tary Public icn-.a,~nd,~for said County and State, personally appeared ~~` t;' x G1 4.-z~~°!~ a~'I and ~r I F ~+ N,; ~?~ ~~ ~ i~c~~~c~- to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. No ary Public in and for the State of Iowa Orig: Subd Folder "~s~ b~E~;~,NIE FORAKER Cc: CA ~ Co^~m~ss~on Number 75214 PCD Y mom tssron xpires Council Media File ~~ ~...a. -~s:r~.~ .- _ CITY OF IOWA CITY PROTEST OF REZONING T0: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owneich iplopated within two hundred feet of the exterior change, or the owners of property wh boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Val ~. s~ b ~ ~ u ~G - ~~CZp -OOD~ ~(1 l_.t_.A G ~. This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective excepcordance with 4114 Stof thetCode of Iowaurths of all the members of the council, all m a By: Owner(s) Of Property Address N a o ~° STATE OF IOWA ) ~'"~ r' ) SS: ~~ N I --~ C7 JOHNSON COUNTY) ~~ -~, ~ 20 ~e~ ,before me,1~~d~ign On this ~~~ day of ~~-~~'`~`~-~-' a Notary Public in and for said County and State, personally appeared 3-Y ~ ~, a, ~, c4 ~; 5-~--~C' -~ ~ r _ and to me known to be the idenhc~l persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ~ ~ ~ _ Notary Public in and for the State of Iow a Orig: Subd Folder Cc: CA PCD Council Media File ~~~ ~~ N01~1101 CIF • 1~11~0~ ~ ~ l~MM ""'..'"'"""""` ~~ ~~ -1:~.._--- - PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: ~lc~C 1 ~t.~rn~ ~ iti - ,1 C. a h of us with~~ntention that such This petition is signed and acknowledged by e c rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 41.4.5 of the Code of Iowa. By: ~. By: Owner(s) STATE OF IOWA ) ss: ~~ I~ • ~~~~~ lvc~ Of Property Address =,~ ~? ~~ ~ c-a -~ t ~ ~~ N =<rn ~ ~ JOHNSON COUNTY) o~ ~,, .__.. {~~ ~'' cn On this ~ day of ~CO`~ 4vL~~f' , 20~~ ,before me, the undefs~igned, a Notar Public in and for said County and State, personally appeared ~ S ~~L ~. ~~`Ce~1 and to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. f1 f No ry Public in and for the State of Iowa Orig: Subd Folder MEtl~N~ FORAKER Cc: CA Nolatlo~ Nol ' Ewa PCD Commhtlon ~ f!? 47L,_L~11 Council ~ Cotm~l~ion ~~ "~ / Media File ~, \ 1 ~ \\ PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: o-~~~~~c~~ ~ ~ b~cl~T~*x~e , ~ c This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414..5 of the Code of Iowa. By: ! - ti~ By: ~ `i mil' ~ • ~_.~__l~ ~~ Owner(s) Of Property Address N G STATE OF IOWA ss: ~n r° A ~; c- ~ ..~,,, JOHNSON COUNTY) c ~-~C ~ ~--.. ~~ N On this 5~, day of `~ ~~ ~~~-~ , 20~~ ,before me, the ~degnec~ a Notary Public in and for said County and State, personally appeared ~~ w ~ E S ~ ~.. ~ S ~ C` C-~_~-! and D cn to me known to be the identical persons named in and who executed the within anff' foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notar Pub~li(Jc~iFn and for the State of Iowa Orig: Subd Folder ~ M~1AIilE iOR~K~R Cc: CA NOfali0l »OI _ ~~ PCD COt1MINM101f • 7i111~ Council MCI ~1NIff0A E~pk~t ~y- /~ ZQ i Media File ~ ~ . ~ r~r:.::. _~ -~-rte.------ PROTEST OF REZONING CITY OFIOWACITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: C~ 1C~-~ 1~~ , 1 ~. This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: By: Owner(s) `~~J ~~tC~C~~~~_~ Of Property Address N A C? STATE OF IOWA ) ~ n o ss: ~--~ ~ --~- JOHNSON COUNTY) ~~ tv r" ~ On this ~~\ day of ~ (~~'2.v~.~U-sz-~ , 20~~ ,before me, thers~ned a Notary Public in and for said County and State, personally appeared ~~ ca ~ ~ < <~ S ~ ~ ~j-i- (^~ C f and ~ to me known to be the identical perso s named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary ublic in and for the State of Iowa Orig: Subd Folder Cc: CA NOIRMiOI p,a . IOwo PCD ~~ ~ ~ •t -10{ 1 Council Mr CO~Ml~NOA ~apNM .,. Media File -\ PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: W ~ s-~ b ~ ~ ~~ - ~c.zo ~ooo~o ~a~-1 O~~D~. ~o~N~ ~l ~ c~P, G- ~. This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. ,~ ~ By: ~-. - u t~ Owners "j mac: i~ ~:.; r~~~`•~~ ~... ,r-c.i.~ !-c:~t._ ~--~t~ Of Property Address -~ ~~ ~ ~,~ ~. ~~ N Q Q Q ~ STATE OF IOWA ) ~~ ° '°" JOHNSON COUNTY) ~~ rv //~~C~ ..fir ~''j~ On this ~~day of ~~~'~ , 20V t ,before me, th~~er~nec>~.;, a Notary Public in and for said County and State, personally appeared ~~ ~ '~J - 1`~ ~: ~ -t ,`> ~ h v. I ~. and ;' o ~ ; ~ u~' to me known to be the identical persons named in and who executed the within an foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa Orig: Subd Folder Cc: CA NMNI~M Mr ' 11* PCD C~ ~ ~~ Council f.A ~« Media File ~, _ A PROTEST OF REZONING CITY OFIOWACITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: This petition is signed and acknowledged by each of us wi the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: ,~~ ~~ By: Owner(s) ,- Of Property Address N _ d_ Q ~,... o~~~i~~ f~ ALISSA E MARTIN ~ C7 0 ~`~ Commission Number 730205 ~. ~ n ...... • My Commission Expires STATE OF IOWA ) A ust25,2o ~?"'~ ~, ~"°° ~~ ss: ~~ ~ JOHNSON COUNTY) ~ ~ On this `}1"1 day of ~~U~,~l~-~'~ , 20~, before me, tl~'undei~gned, a Notary Public in and for said County and State, personally appeared ~~~ ,~I~'1.~'-~~~~~ and to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Orig: Subd Folder Cc: CA PCD Council Media File / ~ ~ tr,~3e ~ ~ 2 I 1 - _i CITY OF IOI~VA CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Val e s-~ b .~ ~ ~~ c _ ,~..Z-0`~ - 0~0 ~ Gl ~ L a~ .~ . 01...~D rc. `t ov~N ~. ~(~ c_.c..A G ~. This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: ~~~ By: Owner(s) 3~ 3~ ~~^~anQkr~ ~~ Of Property Address N O G7 ~ a0 STATE OF IOWA ) y`_; h-, ..~ ss: cz-C ~ ~ JOHNSON COUNTY) '~~ On this b day of ~Ch•~.-~~~ , 2~d ~ ,before me, tl~sdegnec~ a Notary Public in and for said County and State, personally appeared ~~.~c e B e ~n S and ~' to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Nota Public in and for e State of Iowa Orig: Subd Folder Cc: CA ~NM PCD ~ t r. Z Council Media File ~~, i 2 CITY OF IOtiFA CITY PROTEST OF REZONI\G T0: HONORABLE MAYOR AIv'D CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning anae or the owners of property which is located within two hundred feet of the exterior ch boundaries of the property for which the zoning change is proposed, do hereby protest t e rezoning of the following property: ~~.sk= ~ ~' - ~~.ZO - ODD ~ ~ L a~ .~ 01_~ E. ~ o~~ ~ This petition is signed and acknowledged by eace favorable votelof attleast three-fourths rezoning shall not become effective except by th of all the members of the council, all in accordance with 414.E of the Code of Iowa. .~ By: By: 3632 ~/~s~`~ ~ ~ Of Property Address Owner(s) '~ o `° ~~ r°Ti ~~ 2~.~ n _. ~~ N STATE OF IOWA ) ;~c~ ~ ss: :G~ -E, JOHNSON COUNTY) o~ ~ -~-~ _ 7(Q before me, thnders~~ned, On this ~ _ day of ~ ~~'~~ -~ ~' ~ a Notar Public in and for said County and State, personally appeared h oh ~- ~2r._/I~---- and to me known to be the identical pers ans named e executed the sama asetheirnvoluntary foregoing instrument and acknowledged that th , act and deed. Not y Public in and for the State of Iowa Orig: Subd Folder Cc: CA PCD Council Media File Ga- v \~ rr~~• i I I ~ ~ -l ~~ PROTEST OF REZONING CITY OF IOWA CITY T0: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: ~S -OOO[a~ILoTS_pl: This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. ;~ //11 ` ,~' By: i ~~~LN~ By: Owner(s) t Of Property Address STATE OF IOWA ) o ss: JOHNSON COUNTY) ~_-~,~ ~ "~~ On this ~~~ day of 1~~~ ~Q 4v~,ti- ; 20 ~ ~1; before me, th~~ersz~ned, a otary Public i and for said County and State, personally appeared m ~' o~ ~ ~~ ~~ S ~ ir" and -~ ~: L, to me known to be the identical persons named in and who executed the wi~rz and foregoing instrument and acknowledged that they executed the same as their voluri`~ry act and deed. Notary ublic in and for the State of Iowa Orig: Subd Folder ~~~~ Cc: CA '~ ~~ ~ 7 '1 PCD SAY Cwt ~ Council Media File ~. ~~ ~~ WITHDRAWAL OF PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change was proposed, previously submitted a protest to the rezoning of the following property: The petition was signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. We hereby wish to withdraw our protest filed in the office of the City Clerk and understand that the land included in our previously submitted petition will not be considered in the calculation to determine whether Council must pass the rezoning by a favorable vote of at least three-fourths of all members of the council. B ~'~~-~' -~-.~ __ ('~ ~ low,-~t- ~~-,.. ~~~~, Y~ By: ~- ~~~ j C~ Sv ~~u ~ ~~,~-~ , S.~ Owner(s) ~ Of Property Address 0 0 o .a v STATE OF IOWA ) Vi=e c~~ JOHNSON COUNTY) ~t~- ~ r 'G~ ~ On this ~ day of 0~'c ~MBErL , 20~, before me, ther~ned~ a Notary Public in and for said County and State, personally appeared ~' Ro 6c r-+- T~~an.~~ and ~ nn; ~[_ S G~c~.c~ R' to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ~~~ ~ Notary Public in and for the State of Iowa Orig: Subd Folder (attach to protest) Cc: CA a,q~ 4 s SC3Ni7RAE FORT PCD i ~ Commission Number 159791 ~-Council My Commission Expires Media File ow 3 ~ ao is ~~\ ~::: ~ -~~ _._ PROTEST OF REZONING CITY OF IOWA CITY T0: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the u , ersigned, being the owners of property included in the proposed zoning change, or th owners of property which is located within two hundred feet of the exterior boundaries of th property for which the zoning change is proposed, do hereby protest the rezoning of the fo wing property: VII ~s~ l~ ~ c' ~ ^D ~~~EZ o ~ -0 b o~ t o~ ~Lo'(1,OLt~E 'To~.~aE. ~ ~ c~.A~ ~. This petition is signed and ackn ledged by each of us wi the intention that such rezoning shall not become effectiv except by the favor e vote of at least three-fourths of all the members of the council, al ' accordance wi .414.5 of the Code of Iowa. By: By: Owner(s) ~.~~ STATE OF IOWA ) ss: JOHNSON COUNTY) C~~~s~-~ ~~~ ~f Property Address ~ ~ ~~ ~j ~~ On this ~ ~ day of ~ ~!.~wU~,'~rL , 20 ~ t ,before e; a Notary Public ~jn~and for id County and State, personally appeared ~~ ~ er 7 ~x-i.~: r c; . and C~~.~~ ~ ~ ~ ~'~,, Ne ~ to me known to be the i entical persons named in and who executed the foregoing instrument d acknowledged that they executed the same as act and deed. N 0 ~'=-~ n c~-< ~ "" -=~ c ~ ~ ~` the ~ de~gnec~; T`~ ~ '~ w 'thin a~ hei voluntary N tare Public in an or the State of Orig: Subd older `s,~ '~EI.A~AE F~RAKER L ~c~ur~ssion Number 75211 Cc: P A My C~ rya Ez File ~ \ `~ ~..•,~ i ~~Y~.,-..- _. CITY OF IOWA CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: V~ ~. s-~ b ~ c~ ~ ~' - ~C.z-~ - 00~ ~ 0 1.0-~-1 OLD ~. ~o~N ~. This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective excepco dance with 4114 Stof thetCode o I `,~,aurths of all the members of the council, all in ac _,-~ ms's- ~-- C ~// ~.~~_ ^~- By: ~ Own r(s) ~, Of rP operty Address a STATE OF IOWA ) o ss: ~n a JOHNSON COUNTY) ~~`' `-' C k.. "(,)~''~ ~ 20 ~' ~ before me, thers~ned, On this day of / V 1..~~,~L`--~ _~ ' a Notar Public in and fo_r said County and State, personally appears --~ ~ °; f t"f../~f ~` ~C'/~GG~ and %~ ~~ /~ %~/~ i~ ~`~,/ ~L - to me known to be the identical persons named in and who executed the wr~hn an~ foregoing instrument and acknowledged that they executed the same as their volu~ry act and deed. TINA M. FRANTZ _~ -~ /~~F\: ~ ~. Commission Number 188872 ,/~~ . ~ G ' ~ ~ s~ Ei~p~~. Notary Public in and for the Mate of owa Orig: Subd Folder Cc: CA PCD Council Media File -~ ..:~~, - - CITY OF IOWA CITY PROTEST OF REZO~I~G T0: HONORABLE MAAYOR AlvD CITY COUNCU- IOWA CITY, IOW We, the undersigned, being the owners of propat d w tli n d o hundred feetdof the exterior change, or the owners of property which zs loc boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: V~~es~b~~'~~~- Zp -OOD~o ~ ~a~ .~ OL•DE. ~o~N~. ~ ~ ~A~ ~. This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the fa ~1thb114.5tof thetCode olf Iowaurths of all the members of the council, all in accordance ~~ '~ ~ ~ y~ By: -~\c~-~ ,~C ~~ ~ -~- ~ ~- OfProperty Address Owner(s) o ~~ o 2>- c ~ -~ ._.,, c~-< ~ ~ =-r c> N STATE OF IOWA ) ~~ ~ ss: ~ JOHNSON COUNTY) ~~ ~? ~ day of ~ v~C ~'"'~' • ~ ~`1_- before me, the~underned; On this ~_ ersonally a eared a Notary Public in and for said County and and e p pp Dav i ct ~ • ~d s5~ to me known to be the identical persons named n andcut d the saznde as theihvoluntary foregoing instrument and acknowledged that th , act and deed. ~~ 6' ( ~- Notary Public in and for the State of Iowa Orij: Subd Folder Cc: CA PCD Council Media File M£i~E P~~~ Co~seion ,~ zof- ~~ i ~ ~ ~ ~~~ ~.,~s I CITY OF IOWA CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: V~l~.s~b~~~~~_ Z.0`~-OOD~ ~~ Lo~ .~ ,01..Urc. ~os~N~. This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members9f-t~ council, all in accordance with 414.5 of the Code of Iowa. By: By" Of Property Address Owner(s) 0 0 a `r' ~? ° STATE OF IOWA ) t """ ~~ ~ ~ JOHNSON COUNTY) ~~ ~ I Gj ~ On this ~ day of i v ~'~-~~f , 2~ 1 ,before me, tde~signe~ a Notary Public in and for said County and State, personally a peared _ `ll~he l(~e_ e~ and ~'r~d to me known to be the identical persons named in and who execu d the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa ~~i Orig: Subd Folder Cc: CA i1W~lpll PCD ~ -T~ Council Media File I CITY OF IOWA CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: Val ~. s-~ b ~ G ~~C.Z-0`l`00~~ ~~ 1. a~'T ~c. ~o~t~f.. ~l ~ c...~AG ~. This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective exc accordance with 4114 Stof thetCode of Iowaurths of all the members of the council, all in By: i By: Owner(s) STATE OF IOWA ) ss: JOHNSON COUNTY) Of Property Address o D~ a ~~ N :<~ -a ~ ~ ~~ ~ c.a ~ On this ~ day of ~p ~.~-wv~%x2 , 20~> before me, the unde~gned, a Notary Public in and for said County and State, personally appeared ~ ~ t ~ L and to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ---f---- Notary Public in and for the State of Iowa Orig: Subd Folder ~ ~R+ Nohntel trW • Iowa Cc: CA Catnmisllort I ~~l~i , PCD My COmmlulon ixpk~ '`~ /-ZU~ J Council Media File / \. ~~,,r~ ~ ~~ '~~ "'' _ CITY OF IOWA CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being-the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: ~ c _ P~CZO - OOD ~ o L a~ .~ OI.~D E. ~o~N ~., ~~~G~ This petition is signed and effect'veee x e bby t e favorable votelof attleasthhree-fourths rezomng shall not become P of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: By: Owner(s) ~~~ 2~ ~1,~~~~-~ ~ ~ ~ ~~ Of Property Address N d D Q ~~ ~ _ STATE OF IOWA ) ~~ N ~°°` ss: JOHNSON COUNTY) ~~ ~ °~ ~~ w. On this day of ~,~UUt ~~.~-~ , 20n~"~ ,before me; tit unde~igned, a otary Public in and for said County and State, personally appeared ~~,~ ~. ~ ,~ ~ and to me known to be the idcntical pcrsons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. 1 ~' ~ ~L~~~ Lam:. ~1~.~' _..~e t_ N tary Public in and for the State of Iowa - _ ..._.....ro....J.s.,.. _._..., Orig: Subd Folder ~ MELANIE fORAKER Cc: GA ' PCD Commi lion #~ 75~+t7 `, l ~ ~ Z~1 ~ C Council ~ ommission Pxolres ~ Media File ~ "'°~-` \~ i ` F ~ ~ rr, . CITY OFIOWA CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: ~~e.s-~b~~~~c_ zoo-oo~~ ~~ ~a~- .~ ,O~..v~- co.~N~ ~ ~ t_.~.A G ~. This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: ~' ~ ~~~ ~~-c1c By: Of Property Address N 0 0 O `O ~ v STATE OF IOWA ) ~-'~ `' -- c-a< ~ ~ ss: ~~-, tv JOHNSON COUNTY) :<~ -_, ~ rn ~ q ~ On this °t~ day of ~~~~~`" , 20~ t ,before me, tl~de~signec~ ~ cn a Notary Public in and for said County and State, ersonally appeared and /Ct ~ ~- to me known to be the identical persons named in and who xecuted the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa Orig: Subd Folder Cc: CA PCD Council Media File MitAiNE NOiOfld! N01 • bw~o ~C~ ~~r I~'~~~A,c~~ ~~ ~ '~ ~.~ ~ ;,.::~. CITY OF IOWA CITY PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: ~ d' CSC-Z-4`l- ODD ~ ~~ 1. o~ ~ . OI..U E. ~ ov~N~. This petition is signed and ackn~'ve e gce bby t e favorable vot lof attleas three-fourths rezoning shall not become eff p of all the members of the council, all in accordance with 414.5 of the Code of Iowa. /~- /~ By: ~/ GL'/Y`~G0` ~l 35 z By: Owner(s) Of Propert Address /~ ~ C' ~~ ~Z- Z y5 STATE OF IOWA ) ss: o, JOHNSON COUNTY) ~-`i ° `~ On this ~ S ~ day of ~C~V e.v~?e~~ , 20~, before me, tl~nde~gnec~ a Notar Public in and for said County and State, personally appeared .,Crn ~ 1 ~~~~,,~ }~.,1~~~n~ni SS and to me known to be the identical persons named in and who executed the v~i~ri aru~ foregoing instrument and acknowledged that they executed the same as their volt~ary act and deed. Notary Public in and for the State of Iowa ~~ Orig: Subd Folder Cc: CA ~ ~ ~ PCD ,~ ~~t ,,,L Council Media File \\~ ' 1 i ~:: :: ~ I 1 ~:~_._ PROTEST OF REZONING CITY OF IOWA CITY T0: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: ~e.s~~~c., ~~. (~EZ,o9-o00~ o o~NE. v s~~~ This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: C~ ` By: Owner(s) Of Property Address _ o N a 0 Q n c STATE OF IOWA ) ~ { ' ~ ~ ss: JOHNSON COUNTY) -=tc~ ~rn ~ ~ --!^.~ On this ~p~ day of /yO~J.~vYt~- ~ ~ , 20~ / ,before me, t unde~gned, a Notary Public in and for said County and State, personally appeared ~ }~i ~ev~' ~t lei C ~ and to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. No ry Public in and for the State of Iowa Orig: Subd Folder ~AAE BAKER Cc: CA ~ Cortnt~rT524~ PCD E~pint Council ~ Zcv G Media File \\ C:: :: ~ '~,:~.. PROTEST OF REZONING CITY OF IOWA CITY T0: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: W ~E This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: Owner(s) ~C.CS~ ~ ~C ~Uj'1 ~ilf~ Of Property Address ~~i ~~~ ~s STATE OF IOWA ) ss: JOHNSON COUNTY) ~c~ rn On this / 3~ day of ~~~~~~~- , 2~~, before me, ~nd~;~sign c , a Notary Public in and for said County and State, personally appeared ~~ ~ !~ u..~~ ara ~ ~'., s n, r, and _' ~ to me known to be the identical persons named in and who executed the n ~l foregoing instrument and acknowledged that they executed the same as t eir vol~tary act and deed. No ry Public in and for the State of Iowa Orig: SubdFolder ti~F~ ~; ~ =^;RAKER CC: CA ~ '_' ~f: in ~.o Ivur' ~r 752147 PCD _;mni~s~on c' ROs ,-~ ~ ~ \ Council Media File ,~ ~ ~ __ PROTEST OF REZONING CITY OF IOWA CITY T0: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: -0 00 This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: ~~ ~~' Owner(s) Of Property Address N a 0 STATE OF IOWA ) n.`~.f JOHNSON COUNTY) '~~n- rv ~ :~~, ~ ~ On this -~ day of /~-'c'/~~'^-~1- , 20~, before me, nd~,rsign~ a Notary Public, in an for said County and State, personally appeared x" `T ., ~ < ^" ~~', ~;,~:~; ~,, and ~ to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ,. Notary Public in and for the State of Iowa Orig: Subd Folder Cc: CA PCD Council Media File MElANIE FURA ~: Canm~ss~on Nwnber 7S2 i 'r L Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 6b ORDINANCE NO. AN ORDINANCE APPROVING A CONDITIONAL ZONING AGREEMENT FOR AUDITOR'S PARCEL 2008103, APPROXIMATELY 25.16 ACRES OF PROPERTY IN THE COMMUNITY COMMERCIAL (CC-2) ZONE FOR WESTPORT PLAZA, INCLUDING WAL-MART AT 855, 911 8~ 1001 HIGHWAY 1 WEST. (REZ09-00008) WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I-1, to Commercial, CC-2, approximately 28.084 acres of land located South of Highway 1 West and entered into a Conditional Zoning Agreement (the "1989 CZA") which established certain conditions and restrictions on the owner of said 28.084 acres; and WHEREAS, on September 23, 2008, the City approved a conditional zoning agreement (the "2008 CZA") that replaced and superseded the 1989 CZA and obligated the Developer to substantially comply with a concept site plan and landscaping plan that showed one building and a large parking lot; and WHEREAS, Wal-Mart has submitted a Concept Site Plan to the City that materially varies from the terms set forth in the 2008 CZA, and has thus requested the 2008 CZA be replaced with and superseded by the attached Conditional Zoning Agreement; and WHEREAS, the Planning and Zoning Commission has recommended approval of the attached agreement, which includes conditions related to ensuring that the property develops in a manner consistent with the Comprehensive Plan, paying particular attention to the aesthetics and landscaping of this site which serves as a major entranceway to the city; and WHEREAS, Iowa Code §414.5 (2009) 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 has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the City. 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 attached Conditional Zoning Agreement is hereby approved for the property described below: Auditor's Parcel 2008103, Johnson County, Iowa, in accordance with the Plat thereof recorded in Book 53, at Page 269, in the records of the Johnson County Recorder's Office, containing 25.16 acres and subject to the easements and restrictions of record. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and the attached Conditional Zoning Agreement 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 by ~ ~t'G< ~!~Fi.~tr,~~ t ~Ua'~~~/~t- ~City Attorney's Office ~ ~/~ `~/~K% 6b Prepared by and Retum to Sara F Greenwood Hektoen Asst City Attorney 410E Washington St Iowa City IA 52240. (319)331-5030 CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT (this "Agreement") is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City") and Wal-Mart Realty Company, an Arkansas corporation, Wal-Mart Real Estate Business Trust, a Delaware business trust and Wal- Mart Stores, Inc., a Delaware corporation (hereinafter, collectively "Wal-Mart" or "Owners"). WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I-1, to Commercial, CC-2, approximately 28.084 acres of land located South of Highway 1 West and entered into a Conditional Zoning Agreement (the "1989 CZA") which established certain conditions and restrictions on the owner of said 28.084 acres; and WHEREAS, the 1989 CZA was amended on September 24, 1996 (the "1989 CZA, as amended"); and WHEREAS, on September 23, 2008, the City approved a conditional zoning agreement that replaced and superseded the 1989 CZA and obligated the Developer to substantially comply with a concept site plan and landscaping plan that showed one building and a large parking lot; and WHEREAS, the 1989 CZA, as amended, and the 2008 CZA are covenants running with the land and inure to the benefit of all successors and assigns of the property burdened thereby; and WHEREAS, Wal-Mart owns and desires to redevelop approximately 25.16 acres of said land ("the Property"), which is considered a major entrance to Iowa City; and WHEREAS, the City has a policy to preserve and enhance the entranceways to Iowa City; and WHEREAS, Wal-Mart has submitted a Concept Site Plan to the City that materially varies from the terms set forth in the 2008 CZA, and has thus requested the 2008 CZA be replaced with and superseded by this Agreement; and WHEREAS, the Planning and Zoning Commission has recommended approval of such request subject to conditions related to ensuring that the Property is developed in a manner consistent with the City's Comprehensive Plan as it exists as of the date of this Agreement and compatible with the adjacent neighborhood, paying particular attention to the aesthetics and landscaping of this site which serves as a major entranceway to the City; WHEREAS, Iowa Code Section 414.5 (2009) provides that the City may impose reasonable conditions when land is rezoned over and above existing regulations in order to satisfy the public needs directly caused by the requested change; and WHEREAS, Owners acknowledge that certain conditions and restrictions are reasonable to ensure that the Property is developed in a manner consistent with the Comprehensive Plan and is compatible with the adjacent neighborhood; WHEREAS, Owners agree to use the Property in accordance with the terms and conditions of this Agreement; THEREFORE, it is agreed as follows: 1. This Agreement hereby replaces and supersedes the 2008 CZA with respect to the land legally described in Paragraph 2 herein. 2. Owners are the title holder of the land legally described as follows: Auditor's Parcel 2008103, Johnson County, Iowa, in accordance with the Plat thereof recorded in Book 53, at Page 269, in the records of the Johnson County Recorder's Office, containing 25.16 acres and subject to the easements and restrictions of record. 3. The parties acknowledge that the City has a policy, as stated in the Comprehensive Plan, to preserve and enhance the entranceways to Iowa City and to take special care with regard to the site design of commercial establishments, including landscaping to soften the impact of the structures and lessen the effect of large parking lots. Owners agree and acknowledge this policy is reasonable, proper and appropriate under the circumstances. 4. The parties agree that Highway 1 West is a major entranceway to Iowa City from the southwest. Wal-Mart acknowledges the City's policy concerning entranceways governs this rezoning request, therefore Wal-Mart agrees to provide certain amenities over and above City regulations in order to lessen the impact on the surrounding area and enhance the development of the entranceway to the City, said amenities are more particularly described below. 5. The development will substantially conform to the November 23, 2009 Concept Site Plan (the "Concept Site Plan"), the November 18, 2009 building elevations and the October 28, 2009 Landscaping Plan, attached and by this reference incorporated herein (collectively, the "Plans"), particularly with regard to the building location and orientation, the square footage of greenspace, the storefront landscaping, facade design, location of the bus stop, location of the public access easement and the configuration of parking spaces. In addition to the site development standards set forth in the Iowa City Code of Ordinances, Wal-Mart agrees and acknowledges that: a. The two internal landscaped median aisles running the length of the parking lot, but not containing a sidewalk, shall have a minimum width of nine (9) feet; b. This Agreement in no way modifies or affects the Bus Stop License Agreement entered into between Wal-Mart and City on November 25, 2008; c. The development of Lots 2 and 3 shall comply with the local zoning standards for large retail uses, as set forth in Iowa City Code of Ordinances Section 14-2C-6K entitled "Commercial Site Development Standards." Prior to development, the developer shall obtain Staff approval of the site plan for each lot, which will not be unreasonably withheld. d. Three free-standing signs shall be permitted to be located as shown on the Concept Site Plan; e. The Property may be re-developed in two phases. Phase I shall include the demolition of the existing Cub Foods and Staples buildings, construction of the new Wal-Mart store, and installation of all improvements on land not currently occupied by the existing Wal-Mart Store. Phase II shall consist of demolition of the existing Wal-Mart and installation of all necessary erosion control measures as may be required by applicable law, including the installation and maintenance of grass on Lots 2 and 3 until said lots are developed; £ Upon completion of Phase I in conformance with all applicable City requirements, the City shall issue a temporary certificate of occupancy valid for 120 days. If Phase II has not been completed upon the expiration of the temporary certificate of occupancy, said certificate may be extended if the Applicant has shown good faith efforts to begin Phase II; g. Upon completion of Phase II in conformance with all applicable City requirements, the City shall issue a certificate of occupancy; h. Wal-Mart delivery traffic shall be directed to enter and exit the site from Ruppert Road. 6. Not withstanding Paragraph five (5) above, the Plans attached may be modified within the general parameters of the Plans, such as structural dimensions and tree species. Any modifications departing from the Plans must and shall be subject to staff review and approval. Nothing in this Agreement shall be construed to require Owners to conform to the Plans in every detail, as the Plans are intended as conceptual in nature. Neither party may intentionally digress from the Plans for any arbitrary reason. 7. Owners and the City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2009), and that said conditions satisfy public needs that are directly caused by the requested rezoning. 8. Owners and the City acknowledge that in the event the Property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 9. The parties acknowledge that this Agreement shall be deemed effective upon recording, which shall occur upon adoption and publication of the Ordinance and the parties further acknowledge that this 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. In the event Wal-Mart does not pick up and pay for the building permit for the construction of the Wal-Mart supercenter structure contemplated on the Concept Site Plan within two (2) years from the date of Council approval of the Ordinance, this Agreement and corresponding Ordinance shall automatically be released and repealed two years from the date of Council approval of the Ordinance. In the event of such release and repeal, the Property shall continue to be subject to and burdened by the 1989 CZA, as amended. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 10. Owners acknowledge that nothing in this Agreement shall be construed to relieve them from complying with all other applicable local, state, and federal regulations. 11. The parties agree that this Agreement shall be incorporated by reference into the ordinance approving this Agreement and rezoning the Property (the "Ordinance"), and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office at Wal-Mart's expense. 12. The Parties acknowledge and agree that until such time as Wal-Mart picks up and pays for the building permit for the construction of the Wal-Mart Supercenter structure contemplated on the Concept Site Plan, the Property and the buildings presently existing thereon shall be required to comply with the 1989 CZA, as amended, and not this Agreement. 13. If Wal-Mart or any Owner is delayed or hindered in or prevented from the performance of any obligation required under this Agreement by reason of failure of power, strikes, lock outs, riots, insurrection, war, military or usurped power, sabotage, unusually severe weather, fire or other casualty, or other reason of a like nature beyond the reasonable control of such delayed party, the time for performance of such obligation may be extended for the period of the delay. Dated this day of , 2009. WAL-MART REALTY COMPANY, an Arkansas corporation By Name Title WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust By Name Title CITY OF IOWA CITY, IOWA Rv Regenia D. Bailey, Mayor By Marian K. Karr, City Clerk Approved by: ~ 6'I~G~'~`~ City Attorney's Office ~ ,, J ~ ~09 WAL-MART STORES, INC., a Delaware corporation By Name Title WAL-MART ACKNOWLEDGEMENTS State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the 2009 by , as an Arkansas corporation, on behalf of the corporation. day of of Wal-Mart Realty Company, Notary Public in and for the State of Arkansas My commission expires: State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the day of 2009 by , as of Wal-Mart Real Estate Business Trust, a Delaware statutory trust, on behalf of the trust. Notary Public in and for the State of Arkansas My commission expires: State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the 2009 by , as Delaware corporation, on behalf of the corporation. _ day of of Wal-Mart Stores, Inc., a Notary Public in and for the State of arxansas My commission expires: CITY OF IOWA CITY ACKNOWLEDGEMENT: State of Iowa, County of Johnson, ss: On this day of 2009, before me, the undersigned, a notary public for the state of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. 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Z n O > $ W J W Z O $ Q W $ J W H = o t7 Q ° W o W ° M~ ~~_ Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ09-00007) ORDINANCE NO. 09-4375 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 7.91 ACRES OF PROPERTY LOCATED ON HUNTINGTON DRIVE WEST OF TAFT AVENUE, FROM INTERIM DEVELOPMENT SINGLE-FAMILY TO MEDIUM DENSITY SINGLE-FAMILY. (REZ09-00007) WHEREAS, the applicant, Arlington Development, Inc. has requested a rezoning of property located on Huntington Drive west of Taft Avenue from Interim Development Single-Family (ID-RS) to Medium Density Single-Family (RS-8) zone; and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for single-family development; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions required to address the future upgrade of Taft Avenue and additional buffering for lots fronting on Taft Avenue; and WHEREAS, Iowa Code §414.5 (2009) 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 applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of ID-RS to RS-8: BEGINNING at the Northeast corner of Windsor Ridge Part Twenty One, Iowa City, Iowa, in accordance with the recorded Plat thereof; Thence S89°59'58"W, along the North line of said Windsor Ridge Part Twenty One, 516.49 feet; Thence N38°28'20"E, 234.34 feet; Thence N00°09'52"W, 528.71 feet; Thence N07 21'53' W, .190.04 feet; Thence N89°00'06"E, along the South line of Stone Creek Subdivision, Iowa City, Iowa, in accordance with the recorded Plat thereof, 380.83 feet, to a point on the East line of the Southeast One-Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S00°59'54"E, along said East line 907.40 feet, to said POINT OF BEGINNING, containing 7.91 acres, and subject to easements and restrictions of record. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and 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. Ordinance No. 09-4375 Page 2 SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided bylaw. Passed and approved this 14th day of December , 20~2_~ ~ ii ~ ti V ATTEST: ~ ~ ~~~ CI CLERK Approved by aCity Attorney's Office ~,~j.,~~q Ordinance No. 09-4375 Page 3 It was moved by Hayek and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey y Champion ~ Correia ~_ Hayek g O'Donnell g Wilburn _~ Wright First Consideration 11 / 17 / 2009 Vote for passage:AYES: Champion, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. ABSENT: Correia. Second Consideration 12 / i / 2009 VOtefOrpaSSage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Date published 12/23/2009 Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ09-00007) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Arlington Development, Inc. (hereinafter "Owner"): WHEREAS, Owner is the legal title holder of approximately 7.91 acres of property located on Huntington Drive West of Taft Avenue; and WHEREAS, the Owner has requested the rezoning of said property from Interim Development Single-Family (ID-RS) to Medium Density Single-Family (RS-8); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the future upgrade of Taft Avenue and the need to buffer development on lots abutting Taft Avenue, the zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2009) 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 acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for right-of-way improvements and buffering development from traffic along the arterial street; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Arlington Development, Inc. is the legal title holder of the property legally described as follows: BEGINNING at the Northeast corner of Windsor Ridge Part Twenty One, Iowa City, Iowa, in ° ~ ~~ accordance with the recorded Plat thereof; Thence S89 59 58 W, along the North line of said Windsor Ridge Part Twenty One, 516.49 feet; Thence N38°28'20"E, 234.34 feet; Thence N00°09'52"W, 528.71 feet; Thence N07°21'53"W, 190.04 feet; Thence N89°00'06"E, along the South line of Stone Creek Subdivision, Iowa City, Iowa, in accordance with the recorded Plat thereof, 380.83 feet, to a point on the East line of the Southeast One-Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S00°59'54"E, along said East line 907.40 feet, to said POINT OF BEGINNING, containing 7.91 acres, and subject to easements and restrictions of record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2009) 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 ppdadm/agt/cza rez09-00007 stone bridge t0.doc satisfy public needs caused by the requested change, including the future upgrade of Taft Avenue and appropriate buffers for lots that front on to the arterial street. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Developer shall. grant to City necessary temporary construction easements, as determined by the City, at no expense to the City, for the improvement of Taft Avenue to City standards; b. Developer shall contribute 12.5% of the cost of upgrading to City standards that portion of Taft Avenue adjacent to the land currently being rezoned, as described in paragraph 1 above, pursuant to Iowa City Ordinance 15-3-2K; c. lots adjacent to Taft Avenue shall be a minimum of 140 feet in depth; d. A minimum of 50% of the landscaping along Taft Avenue shall be comprised of evergreen plantings. The landscaping in all other aspects shall substantially comply with the attached landscaping plan. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2009), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment shall conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. *k Dated this !~ day of DFC~~.aF4 , 20 09 CITY OF IOWA CITY ARLINGTON DEVELOPMENT, INC. ppdadm/agdcza rez09-00007 stone bridge 10.doc 2 Q eit 2,1~~ ~ v-~ ~ i- I ~~na~~o-~ ~~ By: Attest: 1 ~~GCI ~t~ ~ ~ ~~~- J Mahan K. Karr, City Clerk Approved by: By: City Attorney's Office ~~ / r7 /v 9 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) On this /4~ day of OEt~~~ A.D. 20 c~_, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 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. . ~~'^~ s SONDRAE FORT i ~ Commission Number 159791 ~~ti • My Commission Expires Notary Public in and for the State of Iowa ow .3 .zn ~ ARLINGTON DEVELOPMENT, INC. ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this /7 day of 1l~o~m,QER, 2009, by oaN /Vi,~~~~~ "3Q (name(s) of person(s)) as t~F~rc~,P (type of authority, e.g., officer, trustee, etc.) of Arlington Development, Inc. o ~"~ s SOPIDRAE FORT a ~ Commission Number 159791 My Commission Expires cow ? dvr s ~ Notary Public in and for the State of Iowa ppdadm/agUcza rez09-00007 scone bridge 10.doc 3 ~=`~' G __ _ ____ _ r-- ------- - -- - ~; ~ Huntington Drive _ ~, ~ _ _ - _~ _ - __ ~~ -r z cn ~~ ~~ r A rc r~ ~ om I r pyD n ~ C ~ ~ v~mm ~ ~ _ < D m N ~ (7 (~ ~C Imo cn ~ Z D ~ Z D tmT1 r O ~ O Z m ~ ~ I w°y c.i~~ rn ~ ~ rn A =o~' __~ moo ~-,~ 0 z n z~i N D - N C --IZO ~Z, D ~ C D ~ O r- m~ N m A i __ BCD ~ D ~.CN ~Z ~ * ~ Z A - C C D ~ W y o ~ A m ~ D m m !n D Z7 m m cn Taft Avenue _ _ ~~ ~ ~ s oOOCC N v' ~ r' ~ ~ g ~ P~' ~ a ,~ .. a C ~ < _ < ~ O n DZDD O Z ~ Q ~ ~ a 3 O ~~ D~ o a zor. N ~ og ~ On ~m ~ ~ y oa ~~ ~aoz~ N ~ O ~ ~ T C Z ~ W ~ ~ i ~ ~ ~ ~ W ~ (A n [~ ~ C7 0 0 ~ r D Q D~ ~ ~ m0~ c `°Qm nAroZ c~s . O ~ .. N ~ '~""~ m Z o ~ J ~ p n ~ N N (p N O ~ n'0 'V :V n C~i~ C/~ [/] U ~ ~ ~ Prepazed by and Return to Saza F Greenwood Hektoen Asst City Attorney 410E Washineton St Iowa Citv IA 52240, (319)331-5030 CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT (this "Agreement") is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City") and Wal-Mart Realty Company, an Arkansas corporation, Wal-Mart Real Estate Business Trust, a Delaware business trust and Wal- Mart Stores, Inc., a D~ aware corporation (hereinafter, collectively "Wal-Mart" or "Owners"). WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I-1, to Commercial, CC-2, appro 'mately 28.084 acres of land located South of Highway 1 West and entered into a Conditional oning Agreement (the "1989 CZA") which established certain conditions and restrictions on e owner of said 28.084 acres; and WHEREAS, the 1989 CZA s amended on September 24, 1996 (the "1,989 CZA, as amended"); and WHEREAS, on September 23, 200 ,the City approved a conditional zoning agreement that replaced and superseded the 1989 CZ and obligated the Developer to substantially comply with a concept site plan and landscaping pl that showed one building and ~karge parking lot; and WHEREAS, the 1989 CZA, as amended, d the 2008 CZA are cov nants running with the land and inure to the benefit of all successors an assigns of the prope burdened thereby; and WHEREAS, Wal-Mart owns and desires to edevelop appr imately 25.16 acres of said land ("the Property"), which is considered a major trance to I a City; and WHEREAS, the City has a policy to preserve an~ enl~nce the entranceways to Iowa City; and WHEREAS, Wal-Mart has submitted a Concep 'te Plan to the City that materially varies from the terms set forth in the 2008 CZA, and ha us equested the 2008 CZA be replaced with and superseded by this Agreement; and WHEREAS, the Planning and Zoni Commission as recommended approval of such request subject to conditions related toe ing that the Pr erty is developed in a manner consistent with the City's Comprehensive an as it exists as of he date of this Agreement and compatible with the adjacent neighborho ,paying particular att tion to the aesthetics and landscaping of this site which serves as a for entranceway to the Ci ; WHEREAS, Iowa C~ Section 414.5 (2009) provis that the City may impose reasonable conditions when land is rezoned over and above existi regulations in order to satisfy the public needs directly caused by the requested change; and WHEREAS, Owners acknowledge that certain conditions and restrictions are reasonable to ensure that the Property is developed in a manner consistent with the Comprehensive Plan and is compatible with the adjacent neighborhood; WHEREAS, Owners agree to use the Property in accordance with the terms and conditions of this Agreement; THEREFORE, it is agreed as follows: 1. This Agree nt hereby replaces and supersedes the 2008 CZA with respect to the land legally describ in Paragraph 2 herein. 2. Owners are the titl~older of the land legally described as follows: Auditor's Parcel 2008 03, Johnson County, Iowa, in accordance with the Plat thereof recorded in Book 53, a Page 269, in the records of the Johnson County Recorder's Office, containing 25.16 a es and subject to the easements and restrictions of reco~. 3. The parties acknowledge tha the City has a policy, as stated in the Compreh sive Plan, to preserve and enhance the tranceways to Iowa City and to take spe al care with regard to the site design of co ercial establishments, including lands ping to soften the impact of the structures and 1 sen the effect of large parking lots. wners agree and acknowledge this policy is reasona e, proper and appropriate under t circumstances. 4. The parties agree that Highway 1 st is a major entranceway o Iowa City from the southwest. Wal-Mart acknowledges th City's policy concerni g entranceways governs this rezoning request, therefore Wal-M agrees to provide ertain amenities over and above City regulations in order to lessen t e impact on the s rounding area and enhance the development of the entranceway to th City, said enities are more particularly described below. 5. The development will substantially conform to the , 2009 Concept Site Plan (the "Concept Site Plan"), the , 2 building elevations and the October 28, 2009 Landscaping Plan, attached and this reference incorporated herein (collectively, the "Plans"), particularly wit re and to the building location and orientation, the square footage of greenspac ,the st refront landscaping, facade design, location of the bus stop, location of the p lic acces easement and the configuration of parking spaces. In addition to the site velopment st dards set forth in the Iowa City Code of Ordinances, Wal-Mart agree d acknowledge that; a. The two internal landsc ed median aisles rennin the length of the parking lot, but not containing a s' ewalk, shall have a minim width of nine (9) feet; b. This Agreement i o way modifies or affects the us Stop License Agreement entered into bet en Wal-Mart and City on Novem er 25, 2008; c. The developm nt of Lots 2 and 3 shall comply with the local zoning standards for large retail uses, as set forth in Iowa City Code of Ordinances Section 14-2C-6K entitled "Commercial Site Development Standards." Prior to development, the developer shall obtain Staff approval of the site plan for each lot, which will not be unreasonably withheld. d. Three free-standing signs shall be permitted to be located as shown on the Concept Site Plan; e. The Property may be re-developed in two phases. Phase I shall include the demolition of the existing Cub Foods and Staples buildings, construction of the new Wal-Mart store, and installation of all improvements on land not currently occupied by the existing Wal-Mart Store. Phase II shall consist of demolition of the existing Wal-Mart and installation of all necessary erosion control measures as may be required by applicable law, including the insta ation and maintenance of gra on Lots 2 and 3 until said lots are developed; £ Upon ompletion of Phase I in conformance w' h all applicable City requirem nts, the City shall issue a temporary certific to of occupancy valid for 120 days. Phase II has not been completed upon the expiration of the temporary certificate o occupancy, said certificate may be e tended if the Applicant has shown good fa' h efforts to begin Phase II; g. Upon completi of Phase II in conforma ce with all applicable City requirements, the 'ty shall issue a certificate of ccupancy; h. Wal-Mart delivery t ffic shall be directed to ter and exit the site from Ruppert Road. 6. Not withstanding Paragraph five )above, the P ans attached may be modified within the general parameters of the Plans, uch as stru tural dimensions and tree species. Any modifications departing from the Pl s must d shall be subject to staff review and approval. Nothing in this Agreement sh 1 be onstrued to require Owners to conform to the Plans in every detail, as the Plans are ' t nded as conceptual in nature. Neither party may intentionally digress from the Plans for y arbitrary reason. 7. Owners and the City acknowledge that e c ditions contained herein are reasonable conditions to impose on the land u er Io Code §414.5 (2009), and that said conditions satisfy public needs that are irectly ca ed by the requested rezoning. 8. Owners and the City acknowledg that in the eve the Property is transferred, sold, redeveloped, or subdivided, all edevelopment will conform with the terms of this Agreement. 9. The parties acknowledge that his Agreement shall be dee ed effective upon recording, which shall occur upon ado ion and publication of the Ordi ance and the parties further acknowledge that this Agr ment shall be deemed to be a cov ant running with the land and with title to the land, d shall remain in full force and effe t as a covenant with title to the land, unless or u it released of record by the City. In the a ent Wal-Mart does not pick up and pay fort building permit for the construction of the Wal-Mart supercenter structure contempla don the Concept Site Plan within two (2) years from the date of Council approval f the Ordinance, this Agreement and corresponding Ordinance shall automatically be eleased and repealed two years from the date of Council approval of the Ordinance. In the event of such release and repeal, the Property shall continue to be subject to and burdened by the 1989 CZA, as amended. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 10. Owners a ``knowledge that nothing in this Agreement shall be construed to relieve them from comcpt~ying with all other applicable local, state, and federal regulations. 11. The parties a ee that this Agreement shall be incorporated by reference into the ordinance appro 'ng this Agreement and rezoning the Property (the "Ordinance"), and that upon adoption d publication of the Ordinance, this Agreement shall be recorded in the Johnson County ecorder's Office at Wal-Mart's expense. 12. The Parties acknowled and agree that until such time as Wal-Mart picks and pays for the building permit r the construction of the Wal-Mart Superce er structure contemplated on the Concep Site Plan, the Property and the buildings pr sently existing thereon shall be required to omply with the 1989 CZA, as amen d, and not this Agreement. 13. If Wal-Mart or any Owner is delay d or hindered in or prevented rom the performance of any obligation required under thi Agreement by reason off lure of power, strikes, lock outs, riots, insurrection, war, mili or usurped power, s otage, unusually severe weather, fire or other casualty, or othe reason of a like nat e beyond the reasonable control of such delayed party, the time or performance f such obligation may be extended for the period of the delay. Dated this day of , 2009. WAL-MART REALTY COMPANY, an Arkansas corporation By Name Title WAL-MART REAL ESTATE TRUST, a Delaware statutory trust By Name Title CITY O WA CITY, IOWA By Re enia .Bailey, Mayor Y Marian K. K City Clerk Approved by: City Attorney's Of ce S WAL-MART STORES, /INC., a Delaware corporation / By Name Title WAL-MART ACKNOWLEDG. ~~ State of Arkansas, Co ty of Benton ss: This instrument w acknowledged before me on the 2009 by , as an Arkansas corporation, on half of the corporation. _ day of , of Wal-Mart Realty Company, Notary Pu~lilic in and for the Mate of Arkansas My cgEnmission expires: State of Arkansas, County of Benton ss: This instrument was acknowledged b e me on the day of 2009 by , as of Wal-Mart Real Estate Business Trust, a Delaware statutory trust, on beh f of the trust. Notary Pu lic in and for the State of Arkansas My commissionexpires: State of Arkansas, County of I This instrument was ac 2009 by Delaware corporation, on behj ss: before me on the ay of of 1-Mart Stores, Inc., a of the corporation. Notary Public in and for the S to of Arkansas My commission expires: CITY OF IOWA CITY ACKNOWLEDGEMENT: State of Iowa, County of Johnson, ss: On this da of for the state of Iowa, ersor personally known, who, b ' g respectively, of the City of I the seal attached thereto is the the said Mayor and City Cl voluntary act and deed of said 2009, before me, the pally appeared Regenia D. Bailey an by me duly sworn, did say that they ar va City, Iowa, executing the within an al of said corporation by authority er acknowledged the execution f co ration, by it and by them vo tar unders' ned, a notary public d arian K. Karr, to me e t e Mayor and City Clerk, foregoing instrument; that fits City Council; and that said instrument to be the ily executed. Notary Publiye~in and for the State of Iowa My conyifiission expires: Prepared by: Kristopher Ackerson, JCCOG, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE N0. ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUBSECTION B, ENTITLED "EXCEPTIONS." WHEREAS, the current Iowa City Code Section 9-3-6(B) variously defines the speed limits for portions of the Old U.S. Highway 218 and South Riverside Drive; and WHEREAS, the City wishes to amend the maximum speed limits by reducing certain portions from 50 miles per hour to 45 miles per hour and clarify the location where those limits apply; and WHEREAS, vehicle speed was a contributing factor in fifty-nine vehicle collisions between 2001 and 2007 in the corridor described above; and WHEREAS, it is in the public interest to reduce maximum allowable speeds for all vehicles on that certain portions of U.S. Highway 218 and South Riverside Drive described above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Sub-Section B, entitled "Exceptions" is hereby amended by substituting the following language under the headings of "Name of Street" and "Maximum Speed Limit (MPH)" and "Where Limit Applies": Maximum Speed Limit Name of Street MPH Where Limit Ap lies Old U.S. Highway 218 45 From the south city limits to the northern terminus of Old U.S. Hi hwa 218 South Riverside Drive 45 From the northern terminus of Old U.S. Highway 218 to a point 800 feet south of the intersection with U.S. Highway 6 and Iowa Hi hwa 1 South Riverside Drive 30 From a point 800 feet south of the intersection with U.S. Highway 6 and Iowa Highway 1 north to the intersection with U.S. Hi hway 6 and Iowa Highwa 1 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this day of , 2009. MAYOR ATTEST: CITY CLERK Approved CI.tGL ~¢~-~7uJ~" ~~2~~'~ City Attorney's Office r 2~q `v jccogtp\ORD\Old Highway 218 Speed Restriction 12 4 09.doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 12 / 14 / 2009 Vote for passage: AYES: Wright, Bailey, Champion, Correia, Hayek., O'Donnell, Wilburn NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Kristopher Ackerson, JCCOG, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. ORDINANCE AMENDI G TITLE 9, ENTITLED "MOTOR VE ICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES F THE ROAD," SECTION 6, E TITLED "SPEED RESTRICTIONS," SUBSECTION B, ENTITL D "EXCEPTIONS." WHEREAS, City Code ction 9-3-6(B) currently defines sp ed limits for U.S. Highway 218 from the south city limits to the intersec ~on of U.S. Highway 6 and Iowa ighway 1; and WHEREAS, vehicle speed as a contributing factor in vehi le collisions between 2001 and 2007; and WHEREAS, it is in the best i Brest of the City to define m ximum allowable speeds for all vehicles on public streets and highways; NOW, THEREFORE, BE IT OR AINED BY THE CI Y COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 9, entitled "Motor Vehicles a d Traffic," Ch pter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Sub-Section ,entitled " xceptions" is hereby amended by substituting the following language under the headings of " me of S reet" and "Maximum Speed Limit (MPH)" and "Where Limit Applies": Ma ~ um Spee Limit Name of Street P Where Limit A lies Old U.S. Highway 218 45 From the south city limits to the northern terminus of Old U.S. Hi hwa 218 South Riverside Drive 45 From the northern terminus of Old U.S. Highway 218 to a point 800 feet south of the intersection with U.S. Highway 6 and Iowa Hi hwa 1 South Riverside Drive 30 rom a point 800 feet south of the in ersection with U.S. Highway 6 and Iowa Hi way 1 north to the intersection with U.S. Highway 6 and Iowa Highway 1 SECTION II. REPEALER. All or finances and parts of ordinan es in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. any section, provision or part of t e Ordinance shall be adjudged to be invalid or unconstitutional, such adj dication shall not affect the validity f the Ordinance as a whole or any section, provision or part thereof n t adjudged invalid or unconstitutional. SF(;TI~N IV. EFFECTIVE D TE. This Ordinance shall be effective u n publication. Passed and approved this day of , 2009. ,,,, o A ~~ Z'- o c~~ MAYOR -i c-~-°< i ~ ~~ ATTEST: ;<rn ~„ CITY CLERK '-~ ~ Approved by w City Attorney's Office jccogtp\ORD\Old Highway 218 Speed Restriction 12 4 09.doc /~) ,„ Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 7, "FIRE CODE", BY CREATING CHAPTER 5, "HAZARDOUS MATERIALS AND TRANSPORTATION-RELATED INCIDENTS", TO ALLOW FOR RECOVERY OF COSTS ASSOCIATED WITH RESPONSE TO HAZARDOUS MATERIALS AND TRANSPORTATION- RELATED INCIDENTS, AND ALLOW SUCH FEES FOR RECOVERY TO BE SET BY RESOLUTION. WHEREAS, the production or transportation of hazardous materials create an inherent hazard to the public and the environment; and WHEREAS, the Iowa City Fire Department provides services associated with responses to incidents involving hazardous materials and motor vehicle accidents; and WHEREAS, said response services can be inordinately costly in terms of equipment used and damaged, and labor expended; and WHEREAS, the Fire Department wishes to establish fees to recover the actual costs of the response services for hazardous materials and transportation-related incidents; and WHEREAS, establishing and assessing such fees are in the best interests of the health, safety and welfare of the citizens of Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 7, entitled "Fire Department," Chapter 5, entitled "Hazardous Materials and Transportation- related Incidents" is hereby created as follows: 7-5-1: DEFINITIONS: HAZARDOUS MATERIAL: Any item or chemical which is a risk to public safety or the environment, and is regulated as such under the Hazardous Materials Regulations (49 CFR 100-180), the International Maritime Dangerous Goods Code, the Dangerous Goods Regulations of the International Air Transport Association, the Technical Instructions of the International Civil Aviation Organization, or the U.S. Air Force Joint Manual, Preparing Hazardous Materials for Military Air Shipments, all as amended. Such materials shall include, but are not limited to: chemicals which are carcinogens, toxic agents, irritants, corrosives, sensitizers; agents which act on the hematopoietic system; agents which damage the lungs, skin, eyes, or mucous membranes; chemicals which are combustible, explosive, flammable, oxidizers, pyrophorics, unstable-reactive orwater-reactive; and chemicals which in the course of normal handling, use, or storage may produce or release dusts, gases, fumes, vapors, mists or smoke which may have any of the previously mentioned characteristics. HAZARDOUS MATERIALS INCIDENT: Any incident involving the presence of hazardous materials, as defined herein, whether the chemical or substance is in usable or waste condition. TRANSPORTATION-RELATED INCIDENT: Any response related to a means of conveyance or travel of passengers or goods. 7-5-2: FEES: The city council may, by resolution, establish fees and assess costs against involved parties related to the response to any hazardous materials incident ortransportation-related incident. In the case of hazardous materials incidents, the costs will be assessed against the party who brought the hazardous materials to the scene, regardless of which party caused the need for emergency response. In the case of transportation-related incidents, costs will be assessed against the owner and/or operator of the motor vehicle requiring emergency response. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2009. MAYOR ATTEST: CITY CLERK Appr ed by la/~~o y City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 12/14/2009 Vote for passage: AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published IOWA CITY FIRE. DEPARTMENT "SERVING lYr7"1 F~ PRIDE AND PROFESSIONALISM SINCE 1872" INTEROFFICE MEMORANDUM TO: CITY COUNCIL FROM: ROGER JENSEN, DEPUTY CHIEF SUBJECT: ORDIN.~NCE CREDITING CITY CODE CHr1PTER 7-5 DATE: lll?CP,MB]~R to, 2009 CC: The purpose of this ordinance is to enable cost recovery for fire department responses to hazardous materials spills and other transportation-related incidents. In October of 2007, the Eire department responded to a tractor/trailer personal injury accident on Interstate 80. The injured driver had to be extricated through the spilled cargo, an epoxy substance that damaged or destroyed over $12,000 worth of fire department equipment. The epoxy glue did not technically qualify as a hazardous material and without a cost recovery enabling ordinance, compensation for the city's loss became a negotiated settlement that took over a year to obtain. This ordinance and a new fee schedule resolution will enable cost recovery and establish guidelines to assess fees for fire department services based on the recovery of actual costs. The guidelines for assessing costs to be recovered, i.e. labor costs, materials, and damaged equipment replacement, repair and/or cleaning, will be based on actual costs at the time of recovery. Apparatus costs will be assessed per the Federal Emergency Management Agency (FEMA) Schedule of Equipment Costs at the time of recovery. ^^ ,~ ,'f Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE N0. nA-4~7h ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 6, PERSONS UNDER EIGHTEEN YEARS OF AGE, TO ADD A NEW SECTION 2, JUVENILE CURFEW TO ADD A NEW JUVENILE CURFEW ORDINANCE. WHEREAS, the City has determined that there has been an increase in juvenile violence, juvenile gang activity, and crime by persons under the age of eighteen (18) resulting in juveniles being involved in a wide range of unacceptable behavior including vandalism, breach of the peace, assaults, and intimidation of residents; WHEREAS, persons under the age of eighteen (18) are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime; and WHEREAS, the City has found that there has been a significant breakdown in the supervision and guidance normally provided by parents and guardians for juveniles resulting in an increase in the crimes and other unacceptable behavior cited above; and WHEREAS, the City has an interest in providing for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities; and WHEREAS, the offensive activities of juveniles are not easily controlled by existing laws and ordinances; and WHEREAS, a curfew for those under the age of eighteen (18) will be in the interest of the public health, safety, and general welfare and will help to attain the foregoing objectives and to diminish the undesirable impact of such conduct on the citizens of Iowa City and will promote the public good, safety and welfare; and WHEREAS, parental responsibility for the whereabouts of children is the accepted norm and legal sanctions to enforce such responsibility have had demonstrated effectiveness in many cities, the City has determined that a curfew ordinance will increase the responsibility of parents and guardians for juveniles within their control and decrease juvenile delinquency; and WHEREAS, the City wishes to ensure that children out in public for legitimate reasons, including the exercise of certain fundamental rights, will not be subjected to a penalty; and WHEREAS, it is in the best interest of the City to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 8-6-2: JUVENILE CURFEW: A. Definitions. For use in this section, the following terms are defined: 1. "Emergency errand" means, but is not limited to, an errand relating to a fire, a natural disaster, an automobile accident or any other situation requiring immediate action to prevent serious illness, bodily injury or loss of life. 2. "Knowingly" means knowledge which a responsible adult should reasonably be expected to have concerning the whereabouts of a minor in that responsible adult's custody. This is an objective standard. It shall, therefore, be no defense that an adult responsible for a minor was completely indifferent to the activities or conduct or whereabouts of the minor. 3. "Minor" means any unemancipated person under the age of eighteen (18) years. 4. "Nonsecured custody" means custody in an unlocked multipurpose area, such as a lobby, office or interrogation room which is not designed, set aside or used as a secure detention area, and the person arrested is not physically secured during the period of custody in the area; the person is physically accompanied by a peace officer or a person employed by the facility where the person arrested is being held; and the use of the area is limited to providing nonsecured custody only while awaiting transfer to an appropriate juvenile facility or to court, for contacting of and release to the person's parents or other responsible adult or for other administrative purposes; but not for longer than six (6) hours without the oral or written order of a judge or magistrate authorizing the detention. Ordinance No. 09-4376 Page 2 5. "Public place" includes stores, parking lots, parks, playgrounds, streets, alleys and sidewalks dedicated to public use; and also includes such parts of buildings and other premises whether publicly or privately owned which are used by the general public or to which the general public is invited commercially for a fee or otherwise; or in or on which the general public is permitted without specific invitation; or to which the general public has access. For purposes of this section, a vehicle or other conveyance is considered to be a public place when in the areas defined above. 6. "Responsible adult" means a parent, guardian or other adult specifically authorized by law or authorized by a parent or guardian to have custody or control of a minor. 7. "Unemancipated" means unmarried and/or still under the custody or control of a responsible adult. "Emancipated" is as defined in Iowa Code Section 252.16(4), as amended. B. Curfew Established. A curfew applicable to minors is established and shall be enforced as follows: 1. Unless accompanied by a responsible adult, no minor thirteen (13) years of age or younger shall be in any public place between the hours of 10:00 p.m. and 5:00 a.m. 2. Unless accompanied by a responsible adult, no minor fourteen (14) years of age through fifteen (15) years of age shall be in any public place between the hours of 11:00 p.m. and 5:00 a.m. 3. Unless accompanied by a responsible adult, no minor sixteen (16) years of age through seventeen (17) years of age shall be in any public place between the hours of 12:00 a.m. (midnight) to 5:00 a.m. C. Exceptions. The following are exceptions to the curfew: 1. The minor is accompanied by a responsible adult. 2. The minor is on the sidewalk or property where the minor resides or on either side of the place where the minor resides and the adult responsible for the minor has given permission for the minor to be there. 3. The minor is present at or is traveling between home and one of the following: a. Minor's place of employment in a business, trade or occupation in which the minor is permitted bylaw to be engaged or, if traveling, within one hour before or one hour after the work shift; b. Minor's place of religious activity or, if traveling, within one hour before or one hour after the religious activity; c. Governmental or political activity or, if traveling, within one hour before or one hour after the activity; d. School activity or, if traveling, within one hour before or one hour after the activity; e. Assembly such as a march, protest, demonstration, sit-in or meeting of an association for the advancement of economic, political, religious or cultural matters, or for any other activity protected by the First Amendment of the U.S. Constitution guarantees of free exercise of religion, freedom of speech, freedom of assembly or, if traveling, within one hour before or one hour after the activity. 4. The minor is on an emergency errand for a responsible adult; 5. The minor is engaged in interstate travel through the City beginning, ending or passing through the City when such travel is by direct route. 6. The minor's business, trade or occupation, in which the minor is permitted by law to be engaged, requires the presence of the minor in the public place. Ordinance No. 09-4376 Page 3 D. Parental Responsibility. It shall be unlawful for a parent or guardian having legal custody of a minor knowingly to permit or by ineffective control to allow the minor to be in violation of this Section. This requirement is intended to hold a neglectful or careless parent or guardian up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent or guardian was completely indifferent to the activities or conduct or whereabouts of such minor. E. Enforcement Procedures. 1. Determination of Age. In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate or driver's license, a peace officer on the street shall, in the first instance, use his or her best judgment in determining age. 2. Grounds for Taking into Custody; Conditions of Custody. Grounds for taking a minor into custody for a curfew violation are that the person refuses to sign the citation without qualification; persists in violating the ordinance; refuses to provide proper identification or to identify himself or herself; or constitutes an immediate threat to the person's own safety or to the safety of the public. A law enforcement officer who takes a minor into custody for a curfew violation may keep the minor in custody either in a shelter care facility or in any non-secured setting. The officer shall not place bodily restraints, such as handcuffs, on the minor unless the minor physically resists or threatens physical violence when being taken into, or while in, custody, or presents a risk of injury to the minor or others. A minor shall not be placed in detention for a curfew violation. 3. Notification of Responsible Adult. After a minor is taken into custody, the law enforcement officer shall notify the adult responsible for the minor as soon as possible. The minor shall be released to the adult responsible for the minor upon the promise of such person to produce the child in court at such time as the court may direct. 4. Minor Without Adult Supervision. If a peace officer determines that a minor does not have adult supervision because the peace officer cannot locate the minor's parent, guardian or other person legally responsible for the care of the minor, within a reasonable time, the peace officer shall attempt to place the minor with an adult relative of the minor, an adult person who cares for the child or another adult person who is known to the child. In the event no such person can be promptly located, the peace officer shall place the minor in shelter as specified in Iowa Code Section 232.20 and 232.21. F. A violation of this section shall be a simple misdemeanor punishable by a fine not in excess of fifty dollars ($50.00). G. Annual City Council Review. The City Council shall be provided with and review enforcement data, including demographic, frequency and location data, associated with all citations issued under this ordinance on an annual basis. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. December ,2009. Ordinance No. 09-4376 Page 4 It was moved by O'Donnell and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~ Champion ~_ Correia g Hayek X O'Donnell ~_ Wilburn x Wright First Consideration 9 / 15 / 2009 Vote for passage: AYES: O'Donnell, Wright, Wilburn. ABSENT: None. Second Consideration 12 / 1 / 2009 Vote for passage: AYES: Wright, Champion, Wilburn. ABSENT: None. Date published 12/23/2009 Champion, Hayek. NAYS: Correia, Bailey Hayek, O'Donnell. NAYS: Bailey,Correia, ~~®~ CITY OF IO1NA CITY 11 ~~~~~. ~ N a u ~ Date: December 10, 2009 To: Dale Helling, Interim City Manager / From: Kathi Johansen, Administrative Assistant /,~~ 1 Re: Curfew Ordinance -Community notification Pursuant to our discussion regarding the curfew ordinance and community notification, following you will find a list of suggestions for dissemination. City Website • Cable Channel 4/5 • News Release • Press Citizen & Gazette (PSAs and Block Advertising) • Radio (PSAs) • Television Station (PSAs) • Neighborhood Association Newsletters • Water bill insert -this option will take four weeks to complete notification to 23,000 utility account holders at a cost of approximately $400. Please note some tenants may not be notified using this method. School District* ° School website ° City Line ° Email notification as subscribed to by students and parents ° School newsletter ° School newspapers ° Daily announcements " These options are tentative; we are waiting to hear from the school district to advise us what method(s) they deem appropriate. Other options include: Door hangers -this method would be expensive and labor intensive Posters placed in Neighborhood Centers and kiosks Document Services will prepare a handout outlining curfew regulations to be distributed in various locations such as schools, City Hall, the Library, and Parks & Recreation. We may wish to provide Mayors Youth, United Action for Youth and school teachers with an outline of the ordinance so they can provide accurate information to those who inquire. Iowa City Police Department Standard Operating Guideline SOG #: Effective date: 09-04 12/ /2009 Subject.' Reference: Juvenile Curfew Juveniles, Section: Issue #: DRAFT POLICY Command Signature: Original Issue: 12/ /2009 PURPOSE: The purpose of this guideline is to provide procedures for the enforcement of City Ordinance 8-6-2 titled Juvenile Curfew. This ordinance was developed in response to a need to provide options for the legal system to address a significant number of juveniles being out during the late night / early morning hours. America's Children: Key National Indicators of Well-Being - 2009PhyS-Ca1 Environment and Safety (http://www. childstats.gov/americaschildren/phenviro. asp) "The physical environment in which children live plays a role in their health, development, and safety. This section presents indicators on how environmental conditions such as outdoor and indoor air quality, drinking water quality, and exposure to lead may affect children. In addition, indicators of housing problems, youth victims of serious violent crimes, and child and adolescent injury and mortality are presented. " "Violence impacts the lives of young people who experience, witness, or feel threatened by it. In addition to the direct physical harm suffered by victims of serious violence, such violence can adversely affect young victims' mental health and development and increase the likelihood that they themselves will commit acts of serious violence.ss,8s Youth ages 12-17 were more than twice as likely as adults to be victims of serious violent crimes.84~~ The ordinance states in part "persons under the age of eighteen (18) are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime". The City has found that there has been a significant breakdown in the supervision and guidance normally provided by parents and guardians for juveniles, and ... legal sanctions to enforce such responsibility have had demonstrated effectiveness in many cities, the City has determined that a curfew ordinance will increase the responsibility of parents and guardians for juveniles within their control and decrease juvenile delinquency." In response to these concerns the Curfew Ordinance was developed as much to protect juveniles as it is to protect the public. DEFINITIONS: Parens patriae - A doctrine that holds that the state has a responsibility to look after the well-being of children and to assume the role of parent if necessary. a) Holds that the state has not only a right but a duty to care for children who are neglected, delinquent, or in some other way disadvantaged. This philosophy is echoed by the "justification language" of the ordinance as it states "WHEREAS, the City has an interest in providing for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities"... Curfew - is defined in Black's Law Dictionary as "a law which imposes on people (particularly children) the obligation to remove themselves from the streets on or before a certain time of night". Non-secured custody - (as defined in the ordinance) means custody in an unlocked multipurpose area, such as a lobby, office or interrogation room which is not designed, set aside or used as a secure detention area, and the person arrested is not physically secured during the period of custody in the area; the person is physically accompanied by a peace officer or a person employed by the facility where the person arrested is being held; and the use of the area is limited to providing non-secured custody only while awaiting transfer to an appropriate juvenile facility or to court, for contacting of and release to the person's parents or other responsible adult or for other administrative purposes; but not for longer than six (6) hours without the oral or written order of a judge or magistrate authorizing the detention. PROCEDURES: Juvenile Curfew Ordinance City Ordinance 8-6-2, Juvenile Curfew prescribes the hours that persons under the age of 18 may be out and lists exceptions (activities) to the ordinance. (attached) The highlights of the ordinance are as follows: 1. The ordinance is a simple misdemeanor and should an incident rise to a citation it should be written on a Uniform (traffic) Citation. 2. The use of a detention facility (i.e. Linn County) for a violation of this ordinance is expressly prohibited by the ordinance. If a juvenile is transported to a juvenile detention facility it MUST be for something other than a violation of this ordinance. 3. The ordinance prohibits persons under designated ages from being in certain locations between set hours. Places that are prohibited are stores, parking lots, parks, playgrounds, streets, sidewalks and common hallways in apartment buildings. This includes juveniles being in vehicles in parking lots of said locations. 4. This ordinance DOES NOT APPLY if the juvenile is accompanied by a "responsible adult". This is defined as a parent, guardian or other adult specifically authorized by law or authorized by a parent or guardian to have custody or control of a minor. There is NO minimum age for the responsible adult thus it is conceivable that a younger child may be in the custody of an older (18 + years of age) sibling. 5. Different ages have different hours. The hours of the curfew are as follows - (ages included) a. 13 or younger -between 22:00 and 05:00 b. 14 through 15 -between 23:00 and 05:00 c. 16 through 17 -between 00:00 and 05:00 6. Exceptions to the ordinance are as follows: a. If the juvenile is traveling between home and their place of employment; (one hour before or after) b. If the minor is traveling to or from a religious, school, political activity. (one hour before or after) c. The juvenile hours of work are within the curfew hours; d. The juvenile is traveling through Iowa City; e. The juvenile is on an emergency errand for a responsible adult. 7. Parental Responsibility -Section 8-6-2 D of the ordinance states "It shall be unlawful for a parent or guardian having legal custody of a minor knowingly to permit or by ineffective control to allow the minor to be in violation of this Section. This requirement is intended to hold a neglectful or careless parent or guardian up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent or guardian was completely indifferent to the activities or conduct or whereabouts of such minor." Violation of this section is a simple misdemeanor and should be written on Uniform (traffic) Citation. 8. Enforcement Procedures - Section 8-6-2 E of the ordinance prescribes steps for enforcement of the ordinance when dealing with juveniles under this ordinance. a. Officers should determine the age of the juvenile, when instances arise that a juvenile does not have any type of identification the officer should "use his or her best judgment in determining the age . b. Grounds for taking a juvenile into Custody include the refusal of the person to sign the citation, continued violation of the ordinance, refusal to identify themselves; the person constitutes an immediate threat to their own safety or the safety of the public. c. The use of secure custody is prohibited. Juveniles may be transported to the PD or to a responsible adult but they shall not be taken a detention facility for violation of this ordinance. If a juvenile is taken into custody for violation of this ordinance, the officer is required to notify the adult responsible for the juvenile as soon as possible. The minor SHALL be released to the responsible adult upon promise of the person to produce the minor in court. d. Minors Without Adult Supervision - If the juvenile does not have a responsible adult or the officer cannot locate the parent, guardian or person legally responsible for the minor, the officer shall place the juvenile in a "shelter care facility". Prior to placement in a shelter, the officer shall notify a supervisor who shall ensure the placement is consistent with the ordinance. 9. When an officer uses the ordinance to intervene in juvenile activities, but does not cite pursuant to the ordinance, the officer shall document such action on a juvenile complaint form including demographic information and submit the form to the records section. (note curfew warning on the description) 10. When a person is cited pursuant to this ordinance, the officer shall complete a report detailing the circumstances. The citation may serve as page one of the report. The narrative portion of the Juvenile form shall include the details of the incident. If an adult is charged for violation of this ordinance, the charging officer shall complete a narrative detailing the circumstances surrounding the incident again with the cite serving as page one. If the charges are related to another incident the officer may use the same narrative of the original call provided it includes the details pertaining to the curfew violation. This is anon-scheduled violation with a fine not to exceed fifty dollars. 11. Prior to going off-duty, officers shall advise an on-duty supervisor that a person was cited or warned pursuant to this ordinance. 12.The supervisor shall ensure that associated forms relating to the curfew violation have been submitted. 13. The Sergeant of Planning and Research will notify the Juvenile Court Office of the charge. 14. The Sergeant of Planning and Research will maintain records pertaining to the enforcement of this ordinance including demographic information, frequency, and location information. This information shall be provided to the Chief of Police on a monthly basis. IN PRACTICE - As with other laws/ordinances it is expected that officers will continue to exercise discretion in the application of the ordinance. This ordinance was passed as a tool to address the issue of unsupervised juveniles becoming the victim of a crime and/or becoming involved in problems during the overnight hours. It is not expected nor is it desired that officers cite all juveniles who may be out at night. It is expected that enforcement of the ordinance will be based of the totality of the circumstances related to the call. I.e. was the person cooperative, were parents responsive, is there past history of violations for curfew or other violations, the specifics related to the call such as, was it merely a juvenile out after hours or was there a fight, etc. Until March 1, 2010 officers shall warn persons in violation of this ordinance in lieu of citing them. If prior to March 1, 2010 circumstances are such that the officer believes that a juvenile or adult should be charged under this section, the officer shall consult with a supervisor prior to issuing the citation.