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Home My WebLink About2006-05-02 Ordinance ~ -fti ~h:s r::J Prepared by: Robert Miklo, PCD, 410 E Washington Street, Iowa City, IA 52240 319356-5240 (VAC06-Q0001) ORDINANCE NO. AN ORDINANCE VACATING THE ALLEY LOCATED NORTH OF BENTON STREET BETWEEN CLINTON STREET AND DUBUQUE STREET (VAC06.Q0001) WHEREAS, Johnson County has requested that the City vacate the alley located north of Benton Street between Clinton Street and Dubuque Street; and WHEREAS, the County has acquired all properties that have access to this alley; and WHEREAS, the County plans to redevelop this block with a County office building; and WHEREAS, the alley will no longer be needed to provide access to adjacent properties; and WHEREAS, necessary utility easements will be retained or utilities will be relocated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. The City of Iowa City hereby vacates the rights-of-way legally described as follows: . The Alley of Block 27, plat of an Addition of lots to Iowa City, as laid off as the County Seat of Johnson County, laid off by F.H. Lee, County Agent, June 20, 1842, according to the plat thereof recorded in Book 1 & 2, page 301, Deed Records of Johnson County, Iowa. SECTION II REPEALER. All ordinances and parts of if ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part 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 20_. MAYOR ATTEST: CITY CLERK Approved by ~ City Attorney' ~/{~(t'G7 ppadmlordlvac06..o000 1.doc -~----_._-----_.----~~~-,._---------_..,_._- 7d STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: VAC06-00001 Alley located Date: April 6, 2006 North of Benton west of Dubuque St. GENERAL INFORMATION: Applicant: City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Contact Person: Robert Miklo Phone: 319-356-5230 Requested Action: Vacation of right-of-way Purpose: To allow alley to be acquired by Johnson County Location: Alley in Block 27 north of Benton Street between Clinton and Dubuque Streets. Existing Land Use and Zoning: Public alley Surrounding Land Use and Zoning: North: South: East: West: University and commercial, P2 and CI-1 County Administration Building, P Commercial and residential, C-1 Industrial and Commercial, 1-1 and CI-1 Comprehensive Plan: Intensive Commercial File Date: February 6, 2006 BACKGROUND INFORMATION: Johnson County has purchased or is in the process of purchasing all privately held property lying between South Clinton and South Dubuque Streets to the north of Benton Street. The County plans to build a Health and Human Services office building on this block. They are requesting that the alley be vacated and conveyed to the County to allow the entire block to be developed as one piece. The alley currently serves a number of commercial uses within this block. ANALYSIS: Typically, vacating right-of-way can be recommended if, 1) it will not have a negative effect on pedestrian or vehicular circulation, or planned circulation routes, 2) it will not be detrimental to emergency vehicle or utility vehicle access to adjacent properties, and 3) it will not diminish access to adjacent properties and is not needed for public or private utilities. This case is unique in that the proposed vacation will facilitate the transfer of the property to another governmental entity and no private property will be affected, assuming that the County 2 completes its plans to purchase all properties on this block. Neither of the properties which the County has not yet acquired use the alley for access. There is currently a sanitary sewer line located within this alley. A utility easement will need to be retained over this line or the sewer will need to be rerouted to the Dubuque Street right-of- way. There do not appear to be any private utility lines located within this alley. As the County has acquired all of the properties within this block that currently have access to this alley, there is no City interest in continuing to incur cost, staff-time and liability in maintaining this right-of-way. It will no longer be needed for public access. Vacation will accommodate the County's development plans. STAFF RECOMMENDATION: Staff recommends that VAC06-00001, an application to vacate the alley located in Block 27 north of Benton Street between Clinton and Dubuque Streets be approved subject to retention of any necessary utility easements. ATTACHMENTS: 1. Location Map 2. Letter from County Attorney Approved by: Karin F anklin, Director, Depa ent of Planning and Community Development S:\PCD Istaff reports.doc . "' III \ I ~ . I / 1 n _ : I I I I L T""" ~ 0 ~ ~ 0 0 C\I ~ 0 I t> CD ./ 0 () ~ <( > I1 NJUIVll ,1~j[j)/~ SG~- I ~ I ~ ~-<:::I~~ ~-J] r ~~ ". - - - - - - - ~ ,"\. t-> -------------- - - - I---- ~ ~ ~ L ~ >; " ~~' [: >; 1't= UJ -~~ ~ (:j ]~, P ;~E ~ .- -- Z "I '- 0 W W 5 ~ m ~ S2 - ~ ~ ------ >- ~ ~ U ~ it ------ '-- ~ <( f- a CD CD -! ,... E '----1--.0 ~ D..- . ---- a c::.. ~ I'-- I c:: (J CD C\J (:j I- ~ (J ~ () 0 UV ~ I ! a::l ..... \ /7 0 7i/, // >- - " f/ C\I Q) <( ~ z /~ 0 / ..... ,... ( f-; . < u 0 P ....1 ~ ! f-; 0 ..... \ [J) ~ Office of the Johnson County Attorney Criminal Johnson County Courthouse' 417 South Clinton Street. P.O. Box 2450' Iowa City,IA 52244-2450 Phone (319) 339-6100. Fax (319) 339-6149 Anne M. Lahey OavidV. Tiff My 08bofah Farmer Minot Michael D. Brennan M. Victoria Cote Iris Frost Meredith Rich-Chappell Rachel Zimmermann Smith J. Patrick White County Attorney Civil-Juvenile January 17, 2006 Janel M. lyness Andrew 8. Chappell Elizabeth A. B69lin KristinL ParKs Child Support Steve Atkins City Manager City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 PatriciaA.Weir 1-(888)229-9223 RA: Alley acquisition Dear Steve: As you may recall, Johnson County is pursuing a plan which places a new Health-Human Services facility on the block north of the County Administration Building. The new facility will house the Department of Public Health now on Gilbert Court and the Department of Human Services offices now on North Governor and in Eastdale Plaza. We have acquired the entire block except for RT's and YaYa's--and are in the process of negotiating with those owners. We are also pending a closing with Midwest Development on what is currently the Carquest location. This is our formal request for vacation by the City of the north- SQuth alley through Block 27 and conveyance of that alley to Johnson County so we would have siting flexibility for the entire block. I have enclosed a memo to me from one of our legal assistants and copies of Plats which show the alley. Naturally, should you or your staff have questions, we would be happy to visit. Thank you for your consideration and assistance. Sincerely, Q...A- Idre Enclosure Cy: Mike Sy~livan J. Patrick White Johnson County Attorney o "" "'''() _.1~-..:. "---, C) -< ~ fg "" ~ ~ I 0\ .:J) /-- i'J7 CJ J>. ~ S; c.r, - o Printed on recycled paper with say ink. . 7{" Prepare by: Robert Miklo, PCO, 410 E Washin ---------"-----"-- treet, Iowa City, IA 52240: 3193 AN ORDINANCE VACATIN THE ALLEY LOCATED NORTH F BENTON STREET BETWEEN CLINTON STR ET AND DUBUQUE STREET. (VA 06-00001) WHEREAS, Johnso County has requested that the . y vacate the alley located north of Benton Street betw n Clinton Street and Dubuque treet; and WHEREAS, The Cou ty has acquired all propertie hat have access to this alley; and WHEREAS, The Coun y plans to redevelop this lock with a County office building; and WHEREAS, The alley w no longer be need to provide access to adjacent properties; and WHEREAS, necessary util relocated. NOW, THEREFORE, BE IT BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. The Cit f Iowa City hereby vacates the rights-of-way legally described as follows: The Alley of Block 27, plat of County Seat of Johnson Co ty, laid by F.H. Lee, County Agent, June 20, 1842, according to the plat ereof reco ed in Book 1 & 2, page 301, Deed Records of Johnson Cou y, Iowa. SECTION II REPEALE . All ordinances a parts of if ordinances in conflict with the provisions of this Ordinan are hereby repeale SECTION III. SEVE BILlTY. If any section, rovision or part of the Ordinance shall be adjudged to be inv id or unconstitutional, suc djudication shall not affect the validity of the Ordinance a whole or any section, provl ion or part not adjudged invalid or unconstitutional. SECTION IV. II be in effect after its final passage, approval a publication, as provided by law. Passed and pproved this _day of / MAYOR / ATTEST: r CI CLERK / APP1d by CiW Attorney' I , Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ06-00003) ORDINANCE NO. 06-4210 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.51 ACRES OF PROPERTY LOCATED ON KOUNTRY LANE SE EAST OF SYCAMORE STREET FROM INTERIM DEVELOPMENT-MULTI-FAMILY RESIDENTIAL (ID-RM) TO LOW DENSITY MULTI- FAMILY RESIDENTIAL ZONE (RM-12). (REZ06-00003). WHEREAS, Sycamore Apartments, LLC has applied for a rezoning of approximately 1.51 acres of property from ID-RM to RM-12, to allow a development with multi-family apartment structures; and WHEREAS, said property is located on Kountry Lane SE, east of Sycamore Street; and WHEREAS, the South District Plan identifies the area as appropriate for single-family/duplex residential type development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed planned development and has heard public input; and WHEREAS, the Commission recommended approval, subject to conditions, which are related to maintaining sufficient transition and buffer for the adjoining single-family residence from the proposed multi- family apartment structure as shown on the concept plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from Interim Development-Multi-Family Residential (ID-RM) to Low Density Multi-Family Residential Zone (RM-12): THE NE1/4 SE1/4 AND THE SOUTH 1 ROD OF THE SE1/4 NE1/4 SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, IOWA EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 699 - PAGE 68 AND EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 1164 - PAGE 148 AND EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 2771 - PAGE 223, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE E1/4 CORNER OF SAID SECTION 26, THENCE S88036'22"W - 451.10 FEET TO THE POINT OF THE BEGINNING OF THE SAID PARCEL HEREIN DESCRIBED: THENCE S01023'38"E - 236.02 FEET; THENCE SOUTHWESTERLY - 254.83 FEET ALONG A 260.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY WITH A CENTRAL ANGLE OF 56009'27" AND A CHORD OF S58031'41"W - 244.76 FEET; THENCE NOo056'23"W - 375.20 FEET; THENCE N88036'22"E - 208.82 FEET; THENCE S01023'38"E - 16.50 FEET TO THE POINTE OF BEGINNING. SAID PARCEL CONTAINS 1.51 ACRES. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the attached Conditional Zoning Agreement between the property owners, the applicant, and the City of Iowa City. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Ordinance No. 06-4710 Page 2 SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. cZda(~d:JC MAYOR M::IY ,20..1l..6...-. ATTEST:J1~~......) f(. e/.dW CI LERK Approved by ,lit .~ CitY AltOrn~ ~~/()v ppdadmlordlREZO&-00003.doc Ordinance No. Page ~ Ol;-"? 10 It was moved by Vanderhoef' and seconded by Champion as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: x X X X X X x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 4/18/06 Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration ----------------------- Vote for passage: 5/2/06 Date published 5/10/06 Moved by Vanderhoef, seconded by Champion, that the rule requlr1ng ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance by voted upon for final passage at this time. AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Prepared by: Sunil Terdalkar, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 (REZ06-00003) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Sycamore Apartments, LLC. (hereinafter "Owner/Applicant"), and WHEREAS, Owner/Applicant is the legal title holder of approximately 1.51 acres of property located on the on Kountry Lane SE, east of Sycamore Street; and WHEREAS, the Owner/Applicant requested the rezoning of said property from Interim Development Multi-Family (ID-RM) to Low Density Multi-Family Residential zone (RM-12); and WHEREAS, the Planning and Zoning Commission has determined that, with conditions regarding creating and maintaining a sufficient transition space and buffer for the adjoining single-family residential property, the rezoning is appropriate and the Low Density Multi-Family Residential zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code ~14.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner/Applicant acknowledge that certain conditions and restrictions are reasonable to ensure a sufficient transition and buffer to the adjoining single-family residential property; and WHEREAS, Owner/Applicant agree to use this property in accordance with the terms and conditions of a conditional zoning agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Sycamore Apartments, LLC. is the legal title holder and the applicant for a rezoning of the property legally described as follows: THE NE1/4 SE1/4 AND THE SOUTH 1 ROD OF THE SE1/4 NE1/4 SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, IOWA EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 699 - PAGE 68 AND EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 1164 - PAGE 148 AND EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 2771 - PAGE 223, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE E1/4 CORNER OF SAID SECTION 26, THENCE S88'36'22"W- 451.10 FEET TO THE POINT OF THE BEGINNING OF THE SAID PARCEL HEREIN DESCRIBED: THENCE S01 '23'38"E - 236.02 FEET; THENCE SOUTHWESTERLY - 254.83 FEET ALONG A 260.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY WITH A CENTRAL ANGLE OF 56'09'27" AND A CHORD OF S58'31'41"W - 244.76 FEET; THENCE NOQ'56'23"W - 375.20 FEET; THENCE N88'36'22"E - 208.82 FEET; THENCE S01023'38"E -16.50 FEET TO THE POINTE OF BEGINNING. SAID PARCEL CONTAINS 1.51 ACRES. ppdadmlagtlfairviewfairviewcza - kountry lane,doc.doc 1 2. Owner/Applicant acknowledges that the City wishes to ensure appropriate residential development that conforms to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code S414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change, including provisions for maintaining -sufficient transition between proposed low density multi-family residential zone and the existing single-family residential zone. Therefore Owner/Applicant agrees to certain conditions over and above City regulations as detailed below. 3. In consideration of the City's rezoning the subject property, Owner/Applicant agrees that development of the subject property will conform to all other requirements of the zoning code, and that the developer is required to maintain a minimum building setback of 35 feet from the east property line and that any proposed apartment building shall not be taller than 2 and half stories. In addition, any proposed development shall conform to the landscape plan, building location and orientation, and the proposed trails connection to the Sycamore Greenway shown in the concept plan attached herewith. 4. The Owner/Applicant and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code S414.5 (2005), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner/Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this ;)......d day of~2006. (Zwu~L Ross Wilburn, Mayor Sycamore Apartments, LLC. --~ =?"" ppdadmlagt/fairviev.fairviewcza - kountry lane,doc.doc 2 Approved by: ~.(/,,/>,) k .1(OAA) Mari K. Karr, City Clerk. M '~-?, City Attorney ~e ~/~"!()u Attest: CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ day of ~ ' A.D. 20 0& , before me, the undersigned, a notary public in and for the ate of Iowa, personally appeared Ross Wilburn 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. ,,J"" KELLlE K. TUTILE ~ Commission Number 221819 . . My Commi sian Expires . )-6- LCI~ J<tv.::!f(e-- Notary Public in and for the State of Iowa My commission expires: SYCAMORE APARTMENTS, LLC. ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 5~ day of ;/ , A.D. 20 t>6" ,before me, the undersigned, a Notary Public in and for the tate of Iowa, personally appeared S-kur' Go.LYL to me personally known, who, being by me duly sworn, did say that they are the Uice 't\'e ;;.-d..",,- +- , of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of the seal affixed hereto is the seal of said corporation by authority of its Board of Directors; and that the said UI~e \+..~..L+ as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. 7n.~ J::. ~~ Notary Public in and for the State of Iowa My commission expires: "1-1.3-.'16 ppdadmlagVfairviewfairviewcza - kounby lane. doc. doc 3 Sycc.more Apc.rfmenfs N Rezoning lOAM to RM-12 ~ Exl.t1ne Z""I"9 - 101M-12 (6.'2 Acr...) Exl.U"9 Zool"9 IDI01M (1.51 Acree) Pr"p"."" 101M-12 &cals: 1" . 100' Total 6.23 AcrS6 - Maximum den61ty . 131 un~t6 Feb. 21. 2006 Bldgs. ExlstJFroposed Units Parking reCjulred Parking Proposed 8- 12 plexes (2 bdrm. vnlts) "6 . 1"2 parl<lng spaces I'" parl<lng spaces I - 8 plex (2 bdrm. vnlts) 8 . 16 parl<lng spaces 46 ~ar"ges 2 - 8 plexes (I bdrm vnlts) 16 . 16 parl<lng spaces b CI1dlc.~ spac.es I - 10 plex (I bdrm vnlts) 10 = 10 paKlnq s.pac.es 4 c.ompac. spac.es 130 unite 234 T ota 1 apace6 reGtulrsd 235 T"tal .pac... prop".ed - --- .~tbltrrt'lgtlulh -... '- ,...- I 0 I I .......... A 6 - I '==" .... 0 0 .-... C cp 1\ II I Nelson Desi~n _P.L.c.- LlVld Planllill$ - l6ndscape Architecture I12_FIIlhSrr.",l _I.~.IA~ P!>(3IlII627-68l6 F"",(3l9)~7-<5801 E-rnoII__I."""""",, DHg. no. OI;2Oq-12 Syc()more Ap()rtments Li'lndscope Burrer N ~ > -------L ")r 664 &c.als: 1" _3lZ)' Mar. 1,2006 b compact Burning Bush spilt roil fence n I Zumi Crabapple \ ~ 5 Hhite Pine 5 compact Burning Bush 5 compact Burning Bush Berm 5 compact Burning Bush 3 Zumi Crabapple 3 Hhite Pine Nelson Desi~n _P.LC.- LlIIldPlMoifla-LllndscapeArchlteclure ~W....1FlRhS_ Wtoltl......Iy.J.\277lI Ph \3Kl1 1In-nDl8 F_(3KlJ027"'ll801 E-rnoiI__L""""",' DHg. no. OI2Qq-!2 ~ Prepared by: Sarah Wal:z., Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 ORDINANCE NO. 06-4211 AN ORDINANCE REZONING 1.80 ACRE PROPERTY lOCATED AT 1803/1835 BOYRUM STREET FROM INTENSIVE COMMERCIAL (CI-1) TO COMMUNITY COMMERCIAL (CC-2). (REZ06-00005) WHEREAS, the applicant, Hy-Vee Food Stores, has requested a rezoning of properties located at 1803 and 1835 Boyrum Street from Intensive Commercial (CI-1) to Community Commercial (CC-2) in order to allow expansion of their current store, located on abutting property south of Highway 6; and WHEREAS, the Planning and Zoning Commission found that abutting properties to the west and north are currently zoned CC-2; and WHEREAS, the Planning and Zoning Commission has found that the CC-2 zone is intended to provide major business districts that serve a significant segment of the total community population requiring access from major thoroughfares; and WHEREAS, the Planning and Zoning Commission has found that Boyrum Street is a commercial . collector street designed to accommodate such volumes of traffic; and WHEREAS, the Planning and Zoning Commission has found that the Comprehensive Plan identifies the Highway 6 Corridor as a significant commercial center for the community; and WHEREAS, the Planning and Zoning Commission has found that the South District Plan identifies these properties as General Commercial in its "Future land Use Scenario"; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning classification of Intensive Commercial (CI-1) to Community Commercial (CC-2) is hereby approved: lOTS 1-13 BOYRUM SUBDIVISION PART 2 AS RECORDED IN BOOK 24 AT PAGE 12 OF THE JOHNSON COUNTY RECORDER'S OFFICE. 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. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of \he 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 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 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. Page 2 SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. P d and approved this day of Mav , 20--.illL. MA OR ATTEST: ~ k . ~~ CITY CLERK APprO~~y. ~ ~ fr7/t:ro City Attorney's 0 ice Wpdala\ppadminlordIREZ06-OOOO5-1803Boyrum.doc Ordinance No. 06-4211 Page ~ It was moved by Bailey and seconded by 0' Donne 11 as read be adopted, aod upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: x x x X x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 4/4/06 Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration 4/18/06 Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Cahmpion. NAYS: None. ABSENT: None. Date published 5/10/06