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Home My WebLink About2006-05-23 Ordinance 7a City of Iowa City MEMORANDUM Date: April 20, 2006 To: Planning and Zoning Commission From: Robert Miklo Re: REZ05-00005 2752 Riverside Drive - Ace Auto Recyclers In May 2005 the Commission indefinitely deferred a request to rezone 2.2 acres located east of Riverside Drive from General Industrial (11) to Heavy Industrial (12) to allow the expansion of Ace Auto Recyclers' salvage yard. The Commission indicated that existing zoning violations should be addressed before consideration would be given to rezoning additional land for salvage use. In the intervening months the applicant has removed salvage materials from property located within 300 feet of the right-of-way of S. Riverside Drive. The applicant has amended the application to request that 11.36 acres generally located 300 east of Riverside Drive be rezoned form 11 to 12. A 60'x57.5' area that contains an existing building and is only 240' from Riverside Drive has been included within the proposed 12 area. The 2.2 acres adjacent to Riverside Drive that was originally proposed for rezoning form 11 to 12 has been removed from the request. The applicant has submitted a site plan showing that an office, warehouse, parking lot and lawn area would be located within the 2.2 acre area (parts of the site plan are unclear and will need to be corrected prior to approval). These uses would be associated with Ace's auto parts business. With the exception of the existing scale, a portion of the existing warehouse and a driveway leading to the 11.36 acres, all salvage operations would be located at least 300 east of Riverside Drive. The 11.36-acre 12 zone would contain the existing salvage yard and allow a 1.6-acre expansion area south of the existing area. The applicant has agreed to provide a solid fence or wall around the salvage yard and to plant evergreen trees along the west and south sides of the property. These proposed improvements are intended to bring the property into general compliance with a Conditional Zoning Agreement (CZA) that was entered into in 1974 as well as the requirements of the current code. If the property is rezoned the applicant would also need to seek a special exception to legitimize the salvage yard located within the 11.36 acre. To assure that the landscaping, screening and fencing improvements proposed by the applicant are installed in a timely manner staff recommends that with the exception of the improvements that will be located adjacent to the proposed building, the improvements be installed prior to the issuance of a building permit. The improvements adjacent to the building would need to be installed prior to certificate of occupancy. STAFF RECOMMENDATION: Staff recommends that REZ05-00005 a request submitted by Ace Auto Recyclers to rezone 11.36 acres generally located 300 feet east of S. Riverside Drive from 11 to 12 be approved April 14, 2006 Page 2 subject to compliance with an approved site plan and with the exception of the improvements that will be located adjacent to the proposed building, the improvements be installed prior to the issuance of a building permit. ATTACHMENTS: 1. Location Map 2. Site Plan 3. Previous staff report Approved by: Karin ranklin, Director Dep ment of Planning and Community Development i I I I CITY OF IOWA CITY ~ , I \ I .~ \ ~..~-()> ~" j'. I)' , ~~ ( , I l' 1----1 j - I [J I '-l 1 L________________________ r-- -------------, 1-- \ SAND LAKE JOHNSON COUNTY I FAIRGROUNDS - ~ ", ( I . " v::J ~'" ~ I' ~ "I <( , I 1_.--- - CL "" tS ' 0....1 \ 0:: . I I 0 '\.\ 'i ~~. I u '. \ I, I, I =.c?' \ >- " I \\ f- !i ~ . ..../// 'I U i/ /J'- SITE LOCATION: 2752 S. Riverside Dr. REZ05-00005 u 588001'38"E619,J9' " " ~ g " 0 > 0 < I " ~ c c 00 " " 00 00 '" W W.o. ~ H~ ~ :15 ~ '"l ~ ~ ~ I i i i j i j IW\ LANTER '11\\ "1' i Ij~ ~! \\~ ~I Ii', ~! II' ,! 'j vi I;:' gi Its ;j, 'ie dll! " to'WID PLANTE I 8 ! ! ; ~ 4-;;' (C ,,~-;'~$/ <'4.t,<, ~~"l" .fc,,~;t;.p~ .<' ""."'5I"w .""au PROPOSED SOLID FENCING PROPOSED DRAINAGEWAY AND FIRE FIGHTING ACCESS ......---~-~ ---+--.--..,. o o o 00000 Legal Description- Proposed ]-2 Zoning ~ o ~ {::i ~ o ~ ;;; ;;; t ~ j . " , t Commencing a the Northca~t comer oflhe Northcilst Quarter uf Section 28, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence SOQoQO'OQ"W, a recorded bearing along the East Line of said Northeast Quarter, 703.94 feet, to the Point of Beginning; Thence SOooOO'OO"W, along said Eas! Line oflhe Northeast Quarter, 903.88 feel; Thence S90000'OO''W, 525,30 feet; Thence NO I 0 I O'OO"E, 541.87 feel; Thence N88038'57"W, 54.53 rcet; Thl,;llce N01024'33"E, 322.72 feel; Thence N88001'38"W, 60.00 feel; Thence NOlo58'22"E, 57.50 feel; ThenceS88001'38"E, 619.19 feet, to lhePoinlor Beginning. Said parcel ofland conlains 11.36 acres, more or lcssand is subjecl 10 easements and restrictions of record. i ~ if 11 NE COR, NE 1/4, SEe. I 28-T79N-R6W-STH PM,~ j " i s r~ " ? ~ ~ o 0' all'" --"--~o PROP02ED --_---~-SSiuTI/ SOLID ----.. ----!()p(Jr FENCING - --.. - --.. --.. - -~iI:r~c>W"i PROPOSED 1S' FIRE FiG:T~~ :~C~;;S --.. ~~~'l.~ I I I I I PROPOSED I SOLID I 'C] I I PROPOSED 1-2 ZONING 494755.0 sq. ft 11.36 Acres I "oeo'W"'H"'''~ I I I I I I I I I I I I I I I I I I I I I I I I -~-_.._-------+- I I I I I I I I I I -- .---- .-...""...______~..____o___..____._+_ PROPOSED IS' FIRE FlGl-fTING ACCESS PROPOSED SOLID FENCING 5 90"OO'OO"W 525.30' 0000 v.f, ~W 'j' GRAPHIC SCALE 50' -J. 25' 50' ~~~ (INFEET) SCALE 1"= 100' LEGEND PLAT PREPARED BY: HART-FREDERICK CONSULTANTS, P.c. 510 E. STAlE ST. P.O. BOX 560 TIFFIN, IA 52304 545-7215 f;;.GOVEllNlUlN'rCORNER @)SET5!a"mONROD . JI'(lUND mON ROD (./.S NOTED) X CUT 'X' IN CONCRETE o SBTPKN.l.lL {Ill RECORDEIlDIlIENSIONS {M)lIEASORlillDlIolENSIONS ~PROPERTY!BOUNOARYIJNI\B ___CEN'l'llRUNES - -RIGHT-OP-WAY UNES __.~SECTIONUNKB _._.~J:I,SnlENTLlNES ____WT UNKS PU'ITI:D OR BY DEED OWNER OF RECORD: ACE AUTO RECYCLERS, INC. 2752 S. RIVERSIDE DR. IOWA CITY, IA. PROPERTY ADDRESS-2752 SO. RIVERSIDE DRIVE PARCEL CONTAINS 28.01 ACRES +/- EXISTING ACCESS EASEMENT FOR 30' ROADWAY ESTABUSHED BY AGREEMENT DATED AUGUST 31, 1974 AND RECORDED iN BOOK 435 AT PAGE 155, RECORDS OF THE JOHNSON COUNTY RECORDER NW'"'''.' ''''.lL -I d I' ie' :'\ NE:;' ru NO: '$ ~8 UJ . ...J", U" GUJ wQ ~iQ SW ..~ w ' UO O:Vl , ~ . g ~ ~ '" z", -z 2E Iii:;: N'" ,w -"- "z Wo 2[;: OW ~~ z...J :5:'\ "-U UJ w"- I:;Vl Vl'" o ~8 a. '0 rA'~~ ~~~ .. ." E-< .0;- H'". ;::l:S~ IZI....= zor.. o~ U, ~~~ Uo~ "'" , ~ ~ t'3 ~ Cl t~ , ~~li ~ I ~ ~ Z E-<tI.lO ~ ~~~ ~ ~". , ~u " :I: I " ~ ~ ~ ., :ll :;;~ ~~ ~ ~ o ~ STAFF REPORT To: Planning & Zoning Commission Item: REZO-0005 2752 S Riverside Dr. Ace Auto Recyclers Inc. GENERAL INFORMATION: Applicant: Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: Public Services: Prepared by: Robert Miklo Date: April 21, 2005 Ace Auto Recylcers Inc. 2752 S. Riverside Drive Iowa City, IA 52246 Don Hilsman 338 7828 Rezoning from 1-1 to 1-2 Expansion of salvage yard South of 2752 S. Riverside Drive 2.2 acres Vacant North: Salvage yard - 1-1 South: Warehousing -1-1 East: Salvage yard -1-1 West: Agricultural- County CH Industrial March 31, 2005 May 15, 2005 Sanitary Sewer and water lines are located to the north of this property and would need to be extended to allow development. Police and Fire protect are provided by the City. The Westport Route with a stop located to the northwest of this property provides transit service to this area. -------_._--~----""--_._--'~_._..- .__.._..~--_._._.""_._-,,,.'-'--"""'-'"-'._'_..~'--',------_.". 2 BACKGROUND INFORMATION: In 1974, upon the request of the property owners at that time, the City annexed this property as part of an approximately 45-acre. annexation. The westerly 300 feet of the annexation area includin9 this 2.22-acre area, was zoned Light Industrial (M-1) and the easterly 591 feet was zoned Heavy Industrial (M-2). The M-1 zoning classification, which did not allow salvage yards, was similar to the current General Industrial (1-1) zone. This and the adjacent properties were rezoned to 1-1 with a citywide rezoning in 1983. At the time that this area was annexed, the property owner entered into a Conditional Zoning Agreement (CZA) specifying the conditions pertaining to the operation of a salvage yard on the adjacent property to the east. The intent and requirements of the CZA were to assure that 1) the salvage yard would be located at least 300 feet east of Old Highway 218 (Riverside Drive); 2) there would be a berm and landscaping to screen views of the property from Old Highway 218 and the Iowa River; 3) the auto recycling operation would consist only of temporary storage of automobiles awaiting crushing and crushed automobiles and equipment relating to the crushing operation; and 4) the area used for auto salvage would not to exceed 5 acres. The CZA was recorded as a covenant running with the land so that it applied to the owner who agreed to it as well as future owners. Neither the previous property owner nor the current applicant has adhered to the conditions agreed to in the CZA. The salvage yard was expanded beyond the 5-acre area agreed to by the City and the property owner and now covers approximately 14 acres. The required berm and landscaping was not put in place or has been removed. The applicant continues to operate a salvage operation on adjacent property in violation of the Conditional Zoning Agreement. The applicant had spoken with the B!Jilding Department about the possibility of receiving a building permit for a new building to serve the existing salvage yard. The Building Department indicated that the current salvage yard was in violation of the 1-1 zoning as well as the CZA and that no building permit could be issued to expand an illegal use. The applicant is now requesting that this 2.2-acre property be rezoned from 1-1 to Intensive Industrial (1-2). If rezoning were approved, the applicant would then be required to apply for a special exception to allow expansion of the existing salvage yard operations onto this property. ANALYSIS: Existing Zoning: The existing 1-1 zone is intended to provide for the development of most types of industrial firms. Regulations are designed to protect adjacent residential zones and the other uses in the zone. The 1-1 zone permits manufacturing, research and testing, wholesale trade and warehousing, among other manufacture-related uses. It does not allow salvage yards. Heinz Road and Industrial Park Road north of Highway 6 are good examples of 1-1 development. Proposed Zoning: The proposed 1-2 Heavy Industrial zone is intended to provide for heavy or intense industries. The zone is designed primarily for manufacturing 'and fabrication activities, including large-scale or specialized operations having external effects which could impact adjacent less-intense commercial or industrial uses. Permitted uses include industrial, commercial, or related uses. The zone also allows operations such as sand and gravel extraction, and utility substations as provisional uses. Salvage yards may be permitted by special exception only. The following requirements apply to salvage yards if the Board of Adjustment approves a special exception: 1) No salvage shall be permitted within 1,000 feet of an established R zone. 2) All outdoor storage shall be conducted entirely with an enclosed fence, wall or other solid screen, except for driveway areas. Such solid screen shall be constructed on or inside the front, side and rear lot lines and shall be constructed in such a manner that no outdoor storage or salvage operations shall be visible from an adjacent property, street or highway. Storage either temporary or permanent, between such fence or wall and any property line is expressly prohibited. Junk or salvage materials shall not be piled against the fence or higher than the height of the ~-----,- -,----"._-~-"._--_._._---,._,._-_...._~-"-_._..._-_.-'-..--.--"----..-.......----.-- 3 fence. 3) For fire protection, a fifteen foot wide, unobstructed firebreak completely surrounding the salvage yard shall be maintained. 4) The storage of rags, paper and similar combustible waste shall not be closer than one hundred feet to any property line unless enclosed in a masonry building of not less than four hour fire-resistive construction. Compliance with Comprehensive Plan: The Riverside Drive/Old Highway 218 commercial - industrial corridor is one of the few industrial areas that exist in Iowa City. This area is particularly suited to industrial development because it is flat, has rail access, has access to the Interstate Highway System, and access to the airport. In addition to recognizing this area as appropriate for industrial development, the South District Plan recognizes Old Highway 218 (Riverside Drive) as an entranceway to Iowa City. It is the first exit from Highway 218 from the south. Because of its high visibility, the South District Plan talks about the need to upgrade this entranceway to the city and raises concerns about the existing salvage operations in the area. The plan notes that expansion of the existing salvage operations may be considered only if effective screening is provided for the existing salvage yards. In staff's view the effective screening of the salvage yards in this area will require adherence to the conditions of the 1974 CZA. This would include setting the operation farther back from Riverside Drive, the construction of a berm and evergreen landscaping to screen the salvage operations from the street and adjacent properties, and the removal of vehicles so that the salvage operations are confined to a specified area. In addition to this being a major southern entranceway to the city, the Comprehensive Plan discusses an east-west arterial street to serve this area of the city. The Capital Improvements Plan includes the extension of Mormon Trek Boulevard south of the airport to Riverside Drive and then the continuation of this arterial as McCollister Bourlevard east across the Iowa River to Scott Boulevard in east Iowa City. This major capital improvement, which is being funded by over $6 million of federal and local dollars, is intended to spur economic development in this part of the city. In staff's opinion the further expansion of a salvage operation in this location is counter to the efforts of the City to attract industrial uses, which increase the tax base and provide jobs, to this part of the community. In staff's view a salvage yard is a service that may be necessary to serve the community. However because of the negative effects on adjacent properties and the general character of an area, such operations need to be strictly controlled. The current and previous owners of this property have demonstrated an unwillingness to adhere to agreed-upon controls on the existing salvage operations. The existing operation continues to have several illegal aspects. In staff's opinion it would be unwise to expand this operation further in this area, given the City's commitment to improve the entranceway and invest in capital improvements in this part of the community. Zoning this one parcel for intensive industrial uses raises the issue of a spot zoning, in that this one property would be given more intense zoning than surrounding properties. Although two adjacent property owners have indicated support for this rezoning, it is staff's opinion in the long- term, the continued expansion of this illegal salvage operation is not in the public interest and the goal of spurring economic development in this corridor. Summary: This property was annexed into the city as part of a larger annexation. The previous and existing owners of this property have not adhered to a Conditional Zoning Agreement intended to minimize the negative effects of a salvage yard. The salvage yard has expanded on to land that was never zoned for such a use. Any further expansion of the salvage yard may be counter to the City's investment in this area to spur economic development and would constitute a spot zoning. 4 STAFF RECOMMENDATION: Staff recommends that REZ05-00005 an application for a rezoning from 1-1 to 1-2 for 2.2 acres located on S. Riverside Drive be denied. ATTACHMENTS: 1. Location Map 2. Photograph 3. Applicant's statement 4. Correspondence Approved by: , Kar.' Franklin, Director Department of Planning and Community Development S/pcd/staffreporVREZ05-00005.doc CITY OF IOWA CITY ~ \ i I \ \ ~ " .~ ~ "-- .~----- '"\...r p I I I 0 I I I I I 11 . JOHNSON COUNTY FAIRGROUNDS . ~~ ~ ~~ I ~~ ~ . ~, ~~ u ~_ ~ ' Ryersons ~ f Woods . ~ SITE LOCATION: S. Riverside Drive REZ05-00005 ~ Photograptry Flighl Date Apr~ 2001 City of Iowa City Mapping Parcel Data Courtesy scale 1'=300 01 J:)hn8Oll ColJlty I ) ACE AUTO RECYCLERS, INC. 2752 S. Riverside Dr. . Iowa City, IA 52246 . (319) 338-7828 Reason for rezoning: We need to upgrade our facilities. Our office is too small and we do not have adequate storage to recycle automobiles. With the increase in population in the Iowa City area the numbers of junk autos have also increased. In 2003 we processed 3,804,920 lbs of scrap which amounted to 1268 cars. In 2004 - 5,511,180 1bs-1778 cars. By rezoning this parcel we would accomplish two things. We would have a building positioned in such a way that it would provide a natural screen. With the landscaping in front and around the building, it would be very appealing to the traffic passing by. It would also give us the upgrades we need to better serve the community. Ace Auto Recyclers, Inc. ~ ,. ,"-. >-, \-1' I" ;, \i 1\'\\--' i~. ~I"'.\" \-11" .Jl \, ~ \ II~J L7 .n,1 Il" \ S v ...... .. ~ ("1'::\7 J'..'i.h" i \,.\ \.....J __J ;\-\ \ 'I;~...J 'ElSJUN3S Agent STANNARD MOVING & STORAGE P.o. Box 1666 Iowa C,ly, Iowa 52244-1666 . Phone.' (319) 351-1552 Wals: 1-800-247-0465 March 30. 200S City of lo""a City Iowa City. IA Dear Sirs: This Letter is in support of Ace Auto Recyclers, InL attempt to get approval to improve their property with a new building and other amenities. We are the next door neighbor to the south at 2820 S. Riverside Drive and are exposed to the current empty. unimproved lot. I have reviewed their plans and believe that what they are proposing will be a major improvement in Qur ncighhorhood. The Ilew building, screening and green space proposed in their plans would be very much more attractive than the current situation. In addition, I would \velcome an improvement ill Riverside Drive by the city as well. It \\"ould dovetail right into their plans to improve the visual appearance of the neighborhood. Thank you for your consideration. Sincer~ _ _A'/ Ralld)~ y~ President . ..,^,,",\ ':;,;\;\\..), ,.. '.\\J LZ :0\ H'iI \ \::. ( I-I ,':-'1 '-J -' \ __J l'-J...J. ~t::-L.UI1lIU! a!on~ ruverSloe Uflve companv/Organlzatlon Date Due lob Number PO Number Ph. 319/354-9353 Fax 319/354-2962 Contact Name Phone ( ) TO: FROM: RE: DATE: City ofIowa City, Planning and Zoning Keith Hemann, Hawkeye Weld and Repair Re.zoning along Riverside Drive March 30, 2005 To Whom It May Concern, I would go along with the re-zoning on this parcel if Ace Auto is willing to spend the extra money on fencing and landscaping. These changes would be an improvement and an asset to this particular area. From the time we purchased our property along Riverside Drive, we have continued to mow and landscape to make the view more attractive to those coming and going from Iowa City. I can be reached regarding this matter at 3 I 9-354-9353 during regular business hours, 7am to 4:30pm. Thank you. ~~ Keith Hemann , "1'/ '"','\\'. \' ,". \.:r.,i\(~I\ \' j ~ \'...1' ,!" \1 ~:J L2 :'J\ 1(' IV i. 1....- l\~ Prepared by: Robert Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00005) ORDINANCE NO. AN ORDINANCE CONDITIONAllY CHANGING THE ZONING DESIGNATION OF 11.36 ACRES FROM GENERAL INDUSTRIAL (1-1) TO INTENSIVE INDUSTRIAL (1-2) FOR PROPERTY lOCATED EAST OF RIVERSIDE DRIVE WHEREAS, the applicant, Ace Auto Recyclers, Inc., has requested that 11.36 acres be rezoned from 1-1 to 1-2; and WHEREAS, the proposed rezoning will legitimize and allow the expansion of an existing auto salvage facility located on this property; and WHEREAS, the Comprehensive Plan indicates that this area adjacent to South Riverside Drive is an entranceway to the City; and WHEREAS, the Comprehensive Plan indicates that salvage operations should be allowed to expand only if adequate landscaping and screening is provided; and . WHEREAS, the Planning and Zoning Commission has recommended approval of this proposed rezoning subject to conditions pertaining to landscaping and screening of the salvage yard; and WHEREAS, Iowa Code Section 415.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's request over and above existing regulations, in order to satisfy public needs caused by the rezoning request; and WHEREAS, the owner acknowledges that certain conditions and restrictions are reasonable to ensure that the salvage operations on this property are well-screened from view of Riverside Drive and adjacent properties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by reference herein, the property described below is hereby reclassified from 1-1 to 1-2: Commencing a the Northeast corner of the Northeast Quarter of Section 28, Township 79 North, Range 6 West of the 5'h Principal Meridian; Thence SOooOO'OO"W, a recorded bearing along the East Line of said Northeast Quarter, 703.94 feet, to the Point of Beginning; Thence SOooOO'OO"W, along said East Line of the Northeast Quarter, 903.88 feet; Thence S90000'00''W, 525.30 feet; Thence N01010'00"E, 541.87 feet; Thence N88038'57"W, 54.53 feet; Thence N01024'33"E, 322.72 feet; Thence N88001'38"W, 60.00 feet; Thence N01058'22"E, 57.50 feet; Thence S8801'38"E, 619.19 feet, to the Point of Beginning. Said parcel of land contains 11.36 acres, more or less and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa to conform to this amendment upon final passage, approval, and publication of this Ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement attached hereto and incorporated by reference herein. 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. Page 2 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 WpdatalppadminlordIREZ06-00005-1803Boyrum.doc Ordinance No. Page _ It was moved by and seconded by as read be adopted. and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration 5/23/06 Vote for passage: AYES: O'Donnell, Wilburn, Bailey, Champion, Correia, Elliott. NAYS: Vanderhoef ABSENT: None. Second Consideration Vote for passage: Date published i " Prepared by: Robert Miklo, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ05-00005) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Ace Auto Recyclers, Inc., property owner and applicant (hereinafter "Applicant"); and WHEREAS, Applicant is the legal title holder of approximately 11.36 acres of property located east of South Riverside Drive; and WHEREAS, the Applicant has requested the rezoning of said property from General Industrial (1-1) to Heavy Industrial (1-2); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding setback from Riverside Drive, screening with a solid wall and evergreen landscaping, the zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code !}414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Applicant acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property for 1-2 uses is compatible with the Comprehensive Plan's proposal for this entryway to Iowa City; and WHEREAS, Applicant agrees to develop 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. Ace Auto Recyclers, Inc. is the legal title holder of the property legally described as follows: Commencing a the Northeast corner of the Northeast Quarter of Section 28, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence SOooOO'OO'W, a recorded bearing along the East Line of said Northeast Quarter, 703.94 feet, to the Point of Beginning; Thence SOooOO'OO'W, along said East Line of the Northeast Quarter, 903.88 feet; Thence S90000'00'W, 525.30 feet; Thence N01010'00"E, 541.87 feet; Thence N88038'5TW, 54.53 feet; Thence N01024'33"E, 322.72 feet; Thence N88001'38'W, 60.00 feet; Thence N01058'22"E, 57.50 feet; Thence S8801'38"E, 619.19 feet, to the Point of Beginning. Said parcel of land contains 11.36 acres, more or less and is subject to easements and restrictions of record. 2. The Applicant acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code !}414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change, including provisions for setting 1-2 uses including salvage operations back from S. Riverside Drive and screening them with a solid ppdadm'agUace auto.doc 1 wall and evergreen trees. Therefore Applicant agrees to certain conditions over and above City regulations as detailed below. 3. In consideration of the City's rezoning the subject property, Applicant agrees that development of the subject property will conform to all other requirements of the zoning chapter, and that: a. Development of the property will conform to the site plan attached here to and made part of this agreement. b. As shown on the site plan any salvage use shall be set back 300 feet east of S. Riverside Drive with the exception of the existing warehouse and scale. c. Prior to receiving a building permit the applicant shall Install all landscape and screening improvements as specified on the attached site plan except for those within 30 feet of the proposed building in the adjacent 1-1 zone. Prior to issuance of an occupancy permit for any building, all other required landscaping, as indicated on the site plan, must be installed; d. Spruce trees on the west and south side of the wall surrounding the property shall be planted in a staggered pattern 20 feet on center. They shall be a minimum of 2" in caliper at time of planting unless an alternative is approved by the City Forester. e. The area designated as the blue line stream must remain outside the fenced area of the site and a fifteen foot buffer must be left between the fence and the blue line drainage way. 4. The Applicant and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code ~414.5 (2005), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The 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 day of ,20 ppdadm'agVace aulo.doc 2 CITY OF IOWA CITY ACE AUTO RECYCLERS, INy. ~/'~ By: Don Hilsma Ross Wilburn, Mayor Attest: Marian K. Karr, City Clerk Approved by: ci/!1c{flc~ .> It f/ I t9(, CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , A.D. 20_, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing 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. Notary Public in and for the State of Iowa My commission expires: ppdadnvagVace auto.doc 3 ACE AUTO RECYCLERS, INC. ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /0 day of M~ ' A.D. 20~, before me, the undersigned, a Notary Public in and for the ate of Iowa, personally appeared Don Hllsman, to me personally known, who, being by me duly sworn, did say that he is the DLLlne (' of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said ~ot\ J./ i I... MAn as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. s.~ F~ Notary Public in and for said County and State ppdadmfagtlace auto.doc 4 e. ~~ > 0 <r " ~ " " 00 8~ ,eW @- ~ i~ o :15 ~ r~ ffi ~ 5 ~ " ;:;z' l:i*' 1 LfJE :.~,IT ~,;z;IO C I D~C ~ E ~ i I I I I 81 >-1 ~ ;2J 81 ZI ~ 1 1 I ! ~ I ~! I i I 1 I i 1 I i I I I i I I I I I I i I I 1 I ~ ~ :!; ~ . ~ " " t ~ " ~ ~ i l ~ . ~ u S88001'38"E619.19' I i I I I i I; Ii Ir, ! i::: ~ ' ~ ~ ~ , ~ ii ~ dl ~ ~ .~ 5~ ,~ ~; m.. ~~ o ~ " .(y c1f3' g#:'.f" ,/' _.~ m. o o o o 00000 Legal Description- Proposed 1.2 Zoning Commencing a the Northeast comer of the Northeast Quarter of Section 28, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence SOQoQO'OQrtW, a recorded bearing along the East Line of said Northeast Quarter, 703.94 feet, to the Point of Beginning; Thence SoooQQ'QO"W, along said East Line oftne Northeast Quarter, 903.88 feet; Thence S90000'QO''W, 525.30 feet; Thence NOlolO'OQ"E, 541.87 feet; Thence N88Q38'57"W, 54.53 feet; Thence NOlo24'33"E, 322.72 feet; Thence N880Ql'38"W, 60.00 feet; Thence NOlo58'22"E, 57.50 feet; Thence S88001'38"E, 619.19 feet, to the Point of Beginning. Said parcel of land contains 11.36 acres, more or less and is subject to easements and restrictions of record. & NE COR, NE 1/4, SEe. I 28-T79N-R6W-SlH PM.~ j ,. , ~!". " ~ I ~ ~ 5:1..... _rj___n ----_~ PROP02ED ---- -~-~~~~1(:)p saUD --_ ~'~-Pi'~ FENONG ----___ '~--~-~~~4~ PROPOSED 15' FIRE FIGHTING ~~ - - - ~'- I I I I I PROPOSED I saUD I 'C) I I I I I I I PROPOSED SOUD FENONG PROPOSED 1-2 ZONING 494755.0 sq. It 11.36 Acres EXISTING OiAlNUNK FENCE TO BE REMOVED ~ ~ PROPOSED15'AREAB i : ~ I I I I I I I I I I I PROPOSED DRAlNAGEWAY AND FIRE FIGHTlNG ACCESS PROPOSED 15' FIRE F1GHTlNG ACCESS PROPOSED SOUD A:NONG S90QOO'OO.WS25.30' 0000 ,.;t, ~#-' 'r' PLAT PREPARED BY: HART-FREDERICK CONSULTANTS, P.c. 510 E. STATE ST. P.O. BOX 560 TIFFIN, IA 52304 545-7215 GRAPHIC SCALE 50' ~ 25'50' I->r -~ (-;-;-) SCALE 1"=100' LEGEND OWNER OF RECORD: ACE AlJTO RECYCLERS, INC. 2752 S. RIVERSIDE DR. IOWA CITY, IA. 6. GOVKRNDNT ro!lNER @ SltTG!e"IRONJIOP . I'OUND IJlON ROP (is NOTEP) X CUTTIN'cm;CRETI o srr PI: lWL (Rl R1CCORDEDPIIUNSIONS (M)JaASUREDPDU:NSI0NS -PROPERTY/DOUNDAlIYLINES ___CENTIlIlLlNltS _ _ RlGHT-or-w.Y WlES ----SECTlGNLIIUS -.-,-lA/IltMItNT LINES LOT LINES PUT'm llR BY PEED PROPERTY ADDRESS-2752 50. RIVERSIDE ORNE PARCEL CONTAINS 28.01 ACRES +/~ EXISTING ACCESS EASEMENT FOR 30' RONJWAY ESTABUSHED BY AGREEMENT DATED AUGUST 31,1974 AND RECORDED IN BOCllC43S AT PAGE 155, RECORDS Of THE JOHNSON COUNlY RECORDER ..."SO",,-e ....". -I -I ! ;$ Nfo- ~U N<C ,;!: ~g W _ --'a: u" Gw wO "'in 0'" !:;w <C~ W. ~~ '" Z'" -Z zr; 21:; i!2:o: ~ffi _a. "z Wo 2t ~~ ooi';) z-' ~;$ Ooirl WOO 1:;11> 11>"" -g ~:g 0. '0 oo~~ I; ~. <.. ~.8-~ ~~, ZoJ>, o~ u_ ::.:::&l~ UoF! ;! l>.J. s' ~i$ ~. ~~~ '" ,.s ~ 2' E-<<tlll ~ ~~" ~u ~ :Ii ~ ,; g .. l~ ~ d :;;~ ~ ~~ . z Q > ~ Z D ~ -II;'~.'. j .'~ /I'" . C -...."!" STAFF REPORT To: Planning & Zoning Commission Prepared by: Jeffrey Banks, Planning Intern Item: REZ06-00008, P1 and P2 zones Date: April 20, 2006 GENERAL INFORMATION: Applicant: City of Iowa City Contact Person: Bob Miklo Phone: 356-5230 Requested Action: Rezoning a number of properties from current zoning designation to P1, Neighborhood Public Zone, and P2, Institutional Public Zone Purpose: To reflect public ownership of the properties listed within this report and to bring properties into compliance with Section 14-2F-1 of the Zoning Ordinance Location: Locations throughout Iowa City listed below Existing Land Use and Zoning: Properties reflect a variety of existing use and zones. File Date: February 25, 2006 BACKGROUND INFORMATION: Section 14-2F-6B of the Zoning Ordinance states that land acquired by the government of the United States, the State or a political subdivision thereof, shall retain its existing zoning designation until such time as the Zoning Map is amended to designate such land a Public Zone. Both zoning designations P1, Neighborhood Public zone, and P2, Institutional Public zone, serve a notice function to those owning or buying land in proximity to publicly owned land. This zone change application has been initiated by the City of Iowa City to bring publicly zoned parcels into compliance with Section 14-2F of the Zoning Ordinance. ANALYSIS: The City of Iowa City has initiated the rezoning of parcels acquired by the City, by the Iowa City Community School District, and by the State of Iowa, from their prior zoning designation to P1 or P2. The new zoning classification will be consistent with the zoning classifications of properties owned by the Federal government, the State, the County, the City, and all political subdivisions. According to the Zoning Ordinance, the P1 zone provides reference for properties owned by the City of Iowa City, Johnson County, and the 19wa City Community School District. The P2 zone provides reference for land owned or controlled by State or Federal government such as 2 university campuses, regional medical facilities, and post offices. The Zoning Ordinance stipulates specific uses and regulations for both the P1 and P2 zones. Public zones permit the use of land, building, and structures of the Federal and State governments and their political subdivisions, including the City of Iowa City. Approval of the zone change to P1 or P2 for properties which are currently publicly owned will bring these properties into compliance with Section 14-2F of the Zoning Ordinance. The following properties, most of which are parkland, are owned by the City. These properties will be rezoned from their prior zoning designations to P1: 1. Benton Hill Park 2. Hunter's Run Park 3. Whispering Meadows Wetland Park 4. Longfellow Manor, Outlot 1 5. East Hill Subdivision, Outlot A 6. Property which pertains to the future Court Hill Trail 7. Sycamore Greenway Excepting those portions of Sycamore Greenway which fall outside of the boundaries of the City of Iowa City, 8. Glendale Park 9. Walden Wood, Part 9, Outlot A 10. Windsor Ridge Park 11. Harlocke Hill Park 12. Fire Station #4 The following properties are owned by the Iowa City Community School District and will be rezoned to P1: 1. Grant Wood Elementary School That portion of the Grant Wood Elementary School property located east of Mount Prospect Subdivision, Parts V and VI. 2. Irving Weber Elementary School Wild Prairie Estates, Part I, Outlot B The following properties are owned by the University of Iowa and will be rezoned to P2: 1. 511 Madison Street 2. 320 Melrose Avenue 3 3. Property at Grand Avenue Court 4. Property at Melrose Court 5. 609 Melrose Avenue 6. 223 Lucon Drive 7. 3 Oak Park Court 8. 322 North Clinton Street 9. 430 North Clinton Street 10. 530 North Clinton Street 11. 620 South Madison Street 12. 622 South Madison Street Old Capitol Mall, CB-10/P2 The University of Iowa has purchased portions of Old Capitol Mall and is leasing other portions while most of the first level and portions of the second level are being retained under private ownership. To reflect this mixed tenancy the mall should be rezoned to P2/CB10. The site of the new National Guard Armory north of Melrose Avenue, west of Highway 218 is owned by the Iowa National Guard and is being rezoned to P2: STAFF RECOMMENDATION: Staff recommends approval of the proposed zone changes for properties listed above to P1, Neighborhood Public Zone, and P2, Institutional Public Zone. ATTACHMENTS: Location maps Approved by: /l!!t::..f,Jh. Robert Miklo, Senior Planner, Department of Planning and Community Development S:\PCDlStaff Reports I I ~ I CITY OF IOWA CITY I ! J n~'--': :' V'h~S1 \N ~o/)~ I Illl I I \ " ,,',', ( 11I/llnl '6 s:::~r+ I 11----'-- I 1- - , , 12f~);L~- i I, ' ~ ~ ~ lOWER CT ' , WOODSIDE OR 'i "' " -- II " . '-"\.), ' 0 <" f--.e::::: n ' I I,: I i I ~ 'b",\ I, ~ I -- ;:::./~.. " '/ i '--f. III I" I . ------ \",i.. :: ~ }r-f /!J '\ ').. I" P1 R~29 1 01:11: ~i 1-: OP020 i! \ \:::1'" I . ~- '"'1[; _~ 1 I L "----, 'I' ' \ !I I Roose velt I r-- , , \ f-= " i _Jj- >- : I Itsl I '$ t------ '-I I \: - -', ! 1"1" School ~- t-. ~ >--',) l-' ! - f--~_ R~441! I~\', ! i ~Tll II !T1=-~~[T\ I,', \L . ..J ~ - - f--_. I I Li I ,- 1 ' i (3 I ' I I II '-""0" 'l ' '" " I, Q~ I _~ I' I, I I, i I " . ' " I :is 'I 'I m'L// ~~ i ',~ =:::'-.J' I" ',', I, ':ll1-"-L -" Z I ;r:~:/:: ..L+- --,, I' ,L C-.-- -- ~~ ~ 0 y~ -t ----r-' , ' '" ' 17-,;--- I i I ~ - 10 'I -f-J", I,', I', :;; I~/~- ,,^"e='" '", RM I I "-=" i " ' , , 'Il - r, 1 "" OPOI \ 20 -j-- - t1 DOUGLASS ST ,-- ~ , -, -", L_ RS8' -1 t=ftM] u: 1- -l--'-r- -f - ---- "'----r '! 'J}) ~~f-- " RM4L w ~HA - , - ~- b~ /' - ~ _ __ _~_ -=- ~ 6 ,__ " DOUGLASS CT -- '" ~J_ WEEBER C\l<" .~ - . u_ , ,:'i_V / ,I I ! I I I I \ <i , :;; I 1--- '\ I I--~ I' ff -- >- IX 1..-- I L__,--, ,'- I ~-:~:-=; ~ "'. .... OSA/RM20 '/ ~~b ~--- c-r '! I I=::: ~ .' STATE HIGHWAY 1 -_.~. I L I I - '. : cL 1 U ' I ' I-=~ ~ ~ tLj I i ~ CC2_ .........,.- ~../ ./// A ~///' Ii. il ~ , I : I I ~c c--'-l Il w-.1 L I I ~t- ~~ / CI1 ", " I 'I ,'" i \ ! I ~€~ / " " I:, ii' I \ I SITE LOCATION: Benton Hill Park RS8 to P1 , I CITY OF IOWA CITY ~ iLL I _ '\ 1-1--------0--------- I ID-RS RS5 \ \ \ ~ --. w;//ow P1 ~~ ~~ -~ 'l:':" ~.' t..-,.. .. I I ~ ~ I 0 0 w 0 I ~ 0 " ~ I I ~ Irving 15 I ~ OJ 0 0 ;i Weber 0 School P1 ~ ~ RR1 SITE LOCATION: Hunter's Run Park and Subdivision Parts 3, 4, 6 RS5 to P1 I I CITY OF IOWA CITY ~ , '~?rI I #,01'0,> ( Gran t IF' , . .lM ~~ Wood ',alr- I 12 School P1! meodow, "- , Pork I I /" 0', ! :' c I , , ! / 'i C N l' .... ,'III ~ ~ ~ I! _ '--c- ' 'I--I'-! I~ " , w~ j-r---l~ --- ~ / - ~- ! w i Ii--- I w a:::BLUE S ~ ' " > W ~ ~ --1 I!-z I! :--;;, :l'TT~. ~ ~ r--- ~ i r-t- 3 0 -- - a:: '-' -1 9 I '---- a:: -----+--. ....J , :; - w z -1 'w; I w f-- a:: ~ 11r-- m~- -----r---- 23 I z ~ lrr-- ~ r:::.::.. ~-:--+.:.' " Ii! , : . _~ :' ,\ ' OPD/RS12 I ..., c--. f--~- - ,- ~....l..- --~- c-l '.1' ~ '/:: / I '.~ " .L- t--~/ "-.~! - O~EFL,OO~. V 1-' \. ..!- I-- "-. ___ T I I: ~ / ! I : ! \ ,/ I : !I " F I-- / . 11/ / ~'" 1____ ---- " . I,! "~-, ~ '" ~ WH', i==:.. .-. 1111) ! !~~~' ", ~ \;'i; ',I. '" ~.... ~ \~\ ,lJ I I r 0,% \~Q\G~ ~ ~---- Opom' '8 RSS I - ~ \ S\~:/:: i RS12 :3 - -'r,A I ~~C \, 1/ ~ --- A/-I; 044 ~ '" f-'" '!;,y ,~ J-4--H, // ~'-r'I--- -' .. -,! 1 ~ I ..,'.J~ i-- 1111: ...... ~.--l="- PR,"ROSE C1 ". I I f' /~\ f- \ \ I \ \ \ " ' ~ 2;i QC ~~ , '1c;;:/ti"1 :';\I'I~ '011 ..., . W\I Z ~ , Q {I Vl ~ - Z i '\\; \ O'P'[)"'S ,I~, ",\1 ~ ~~ cv \ -<(I ~) '" .....J II >- U cv 0, II 0..11, c_~ o;'~ u --::).<:.\ . I ~w Q..C-z ~ \1' SITE LOCATION: Whispering Meadows Wetland Park RS8 to P1 I ! CITY OF IOWA CITY ~ ~,~' . ....',."1... ..J~"'~ ';::--J/~~fl ",'". ".',' " _w-..... ' .'" ... Henry ~ ~ ~ ~-i,'=- ~I;>, ';::-.J I ' ",... .', ". ' n J..:J \. ,'1..'" ngfe 110 w l--- ...::' ~'~ ""'.",'." ',.,..0. ~~.. ! I ,~ . ~' L:..'-I'I' ' . c.'" Ie-- I--- \--- 1-" ~ c, " "~ - '" ~ \. . h I Ie-- \---' , , , i in -=-- is ' in, DC 00 - ,- ,~,~'I':-'''' ' I 1--' '" 'i2' ~.;".. P1 \--- l-- " '. .~ <<<, I '- <( .,., " i ',W! I ~ 'I' ,'~ ~ _.-- -, I ! tgjl i!1 116 ! II ~ 1;t:~.'.'1. ~ \--' \--- I b:: t '. ' "" '" " I ~""'" " . BOWERY '" ST " , I">~ :== ~ L-- CENTE, AVE ,--0.' Ill,,' '. I I, I, \, t'l I,. t\ '..., ~ ,\ ~~" ~ I-- ~ \-- II--- ~ ~. ,'C ,~ , 1M,' I r---1 "I..''' I--- \~' ," "", ..~ .'", ", . " ." " ~. " SEYMOUR- AVE. \-- ~ in ~"...;,:c ~ , , ., " . ~ """\ \ I I I \ I ':';.~ \-- in~ = ::J " ',. z S " '.'. l--. """'. "".','.'.,'.' 'I"', O~~I-~I W' m'" ~I ss ~. \c---c-,t--_~ ~,~W i.1 \ II I \ i R;:; ;:;l--,~ ~~ ~~,~ ".' '" !Ie" ~t~,~~.... ~ I,. ~,., -' '" ,,' ' -----1f-C-ID,''''8:-'' ,,', "'~'~~I '1=r ,,~ f-- '" " "'"',, ~~~/ I 1" J:-IN,. """ ~~r!fT I ..1 ~ ~~ ~ r-; ~ n ~0 ~'N ! ..... \---. ~ '" ' \.df' I I I L-- L-- c... L-- ,,"'. ' ~'" \ I \'. ,'.... ',','. SH.i:R10AN AVE ~ c--n :s:" , ' I '(q, ') I ," \ \.,\I\,j f- I ,'" II ~I II Ill'. ~., " I I I~~ II """.8 ,,": ' ,_ " H I<~\ ~ ~~. -,', ~~I- I~ ~ [> ,~' ~',' . " EST C')' ~11 e" -, VI .,." ,.,' ~ S ';j , g "i ~ ,. '''J, , " . I I R 'I ):1' I" I ~-".., ' 'u/ . ., '5! '.. i" d ' " . JI 14, .............~.Y -... ,'" '. , w LJI;:.. ~ ','. ' . , I I I ~-c~ l-. -", "" ~ :::E " ,". ',', 'I ' \ .....!,,', I ,..,,,,,..,,,, ~ L '~~, ' . ~~Ilt"~ to]~",~,., "", 11 H ' ", l ,']' ". > ..j. l....2 . I, ~,',~'. , , I!m. ~fc--;,-~".J '- ",- ~ b -"""'" " 12, P .',,', ,'" , I I' l--. -, ~ ;,! I i, I I " '" " -, '"" ' I I _. I I ' I ' I I ","',', ' , , F ST I ',;" "," ','I ,'" I,. 'I---- -,...".....:..:.. '~.I \,. 1,- ,dA,~KSON.s1.,"'" I 1'111 l---j', ~... '., ~< < \ 1 "-C ,n::c~; II , , " . ii' ,~- -' ., ~ ~\ /' " ,~ Sb:' I I line. I I I . i, ~','i \ l-- 1\ _J f-- ~,====' ~ " .,,'~ "~ .' J\JI; ! I, I, , 3f-,d ,'I,. I I i iln-- ~ OJ I . I nTl\hG ~ '....~ ~.' ~. "'" ~ .,' -C ~ -;; ,: i I I , 3 I IIJII 110<\\1 ',,' L-- ~ ~r ~'. 1 tf ,',0 I JO~t, I - ~~ I .-5' \ <' \ II II II I i I 'j1 ~r~ :=,~iL:;..~,~ ./~ , I, I ; j - ~~ ~ LL I~ I ~~ .LL.~+-I I ill', i~ I~ ~~~~~'II r t= I ',! B =J "I ' , ,i l--- ~- " ' --, t---~ 0 'r- ~ . '-.;' I' c _--....:,-- . ~ g g I I · .. tS'r- ~ P' .....: r ~ 0 COURT l';: " \~/ ~ L .J ! "p~ __ FLORENCE ST ~ :c:.....~ "I I~I '1 I' a- f- ~ ~ ~"",,-",I 1 BB I'. , .:-- - .' V>-- =""",::",," I Plum c- ~ ~ c-i ~h i 'I I' I _l--- .' gl-,. _ c- ,^ ~ L- o~ , I ",,-- SITE LOCATION: Longfellow Manor Outlot 1 RS8 to P1 ~-~ I I CITY OF IOWA CITY ~ ::-=~l,'-~~~ ~ AS u r t H // ~~: - ('---- / ~ Pork "x ;'--- I II -~ 'L__ I I I I I I ' , I , I I , , ; , 'i --"---_-1 I j /r- RM r -j -- " L_ Robert ~ ~~ z 1 20 ~ --I'::: ~= --0i. ,- ~ Lucas ~ CC2 j --t-- U - ~--1 S School j I -- 0 ~ P1 I C01! \ ~/ = RM I ' , -- I ; -, r- I -i 20 I , I '-- ! I I MUSCA TINE AVE II~I \ I I \ ~\=-[-lJ [\JJ~ I I SITE LOCATION: East Hill Subdivision, Outlot A OPD8 to P1 I i i ! I CITY OF IOWA ==rfr-- ---I (~-_ -~~l! I" I r \ I I 1---- I I I I \ " ' 1,1 ' , I I' , \ \ , I . I I I I \ I . I "r- r----t-~ I ,I I I i I I I ! " ;' I' I I I ' I ' , I I I J I I I I I I FRIENDSHIP ST ' i i i I __' ii,' I ~- ____ " r 1,1 . _! I e- \ ~ RM ~ \ \ ::J Robert - 1 20 - ~ ~ to L u C 0 S , ~ ~ 'CC2 u u - _, ~ School 1- - ~ P1 C01- ~ 1 RM I -~, 11 L- \-l 20 I-~ I . I I MUSCA TINE AVE I IT] \ I I~I I 1; I I I ! I d--we- 1 L I I SITE LOCA nON: Court Hill Trail property RM20 to P1 I and East Hill Subdivision, Outlot A OPD8 to P1 i I CITY OF IOWA CITY ~ I, 11, I 'u fTliJ:]mI~ ,1 I! i ' I ~S5 I 0",' ' RM:10 RSS RS12 "'I . )1 I 'I I 3\ I " ~ ~-~- ID-RS ..L.~_u- -~ _~o ..o~u,'~ \ ( ORATE LIMITS II [rJ~r[ ill nr' OP ~ , ')u~,~"~.2,-L RS )'~")' ,I, ", ,", .~~~ '" " 'iI ~l ! ". ~ I / I ,-' RSS :1 OPD/~;~.;' ~';;"""t--+----:;J- _ _ ___ ___ - -:=- -~-- - --~~ 1 I Gi/ 1-------l -/ ;V~ I I~ I I q I g -L-----T I I - I-~ ( , , I / II 1_ _L_L - I RR1 'i II,....... I I I I I,' , / I' ~ , ,~~ I II _~___ I ,,'--!" I -l------i--- I " " " ' , ,I / ' I ID-RM I , , I L -'- I ID-RS / I I~- I I ,', / I I i~~__L~[_------- I I I GROWTH AREA liMIT / I _l----- ~==~Jc._~u,~~-- I I 1 ' i SITE LOCATION: Sycamore Greenway ID-RS, ID-RM, RR1, RM-12 to P1 I I CITY OF IOWA CITY ~ ,; I \ \J ~/A:\~ ! "'~\ \ I I I' "rYJ W\NDS~,R C1 /\ \, '~ /1 ! . . I . I ',\1 ,/ \ r I I ro zUl ~~ . Jo'\! r, i, _ i,/ \ i ~-~-~~~, , \ 1 ! <t ~ " I \T I "'li-' 1 ! II f'~'n '_ : / v~f I I: I, III'! ilT~ /~~~TI ROCHESTER AVE , I I I~ 'I' I l ~$ m -~ i IU, ,I I _ ;. ' I I i I lod 1--1-- 1 I I -f I 1 ,l~ t- ROCHESTER CT 11'[11 ' I I co I I Ii I!I ---II! I I [I is I ~ 5T -1-~ I, r I, ~ I I -1- I ~ . w---j > j <t I ' /h' ' ,C i7j--f--~l.. I I ' 0" L I ! I 11' f-- -t i:n , GLENDALE . RD ~ '~ =i i -"" /~ \ \ I '" \!! L".., L-- j I -- I \ I '....1 ! S GLENDALI '. ' '-~~ \ L' "\~ I { .-, '-",,, '\ ~ -- I-- ,\ I ,," \::::,' - Vl \ , \ .___ .......... "",, I I ---l I', \ \ y- , "-:--- '" ~ lid I I\'\ I / ~. " ~ 1\ \ \ I I I ~- , I -' \ \11, ! / II; I' I ! I I " ! ! I J , , / I I!' MORNING51DE DR i N ST I I I 11- m~ J" I SITE LOCA nON: Glendale Park RS5 to P1 I ---- -~ -,- ~----_.- ----- CITY OF IOWA CITY ~ ~ rj"-J - /..JI ~ '" ,\/BlTTm:;^' ~T nn~5 -1""(""',\ ~, '- ~~ ' "'__..../1 /) V ~ (-1-\ .' j/ '=:j ...... nkbf[A .b~EARWA T~, / / "'. ~ 1\ / 71"~ -' /~"r;" 1/ ( .... ~CT =-.v " , r ' _ ~ /- "'I ~ \ .../'- - - ..L i ~_,,' ~~~~ \, 'I MOSSY GLEN ~cL.==='] ,\\~ I ~-'J ;~ \\..J SHADY ~ ~ \RV1NGt~E ~~_~_~-:...':(~ \"'EN CT e--' ", I I, \ SYLVAN Y - , t< \ I, ~~1"- r,1 EN CT ( J- \. ~ :'..--..,.., \ !I' I // u ~ ~--- \ \ i _ .I -'- ,J- I',l -- 4: /~ '~I u \,' ,', ___ r--,~ ::>' ,-- I--- w "-.. J) /.:; -'- I >- 1JENSEN Cl _/ -, I :'\ ~~ ,t-- f- ~-~f--/Trl t;; ~ />....fH~' "q.-....".,J- T 4 \ I, ~ hDC) ./ O-p -, \r\ Z 5[; // \ - I I \1, \OJ " '" ,/ -- i I ~ 'I / / I\H~ I WALDEN RD RS8 t; .. \ I "I\,j. II I, I I I, \ \ I ,// .ii'-QIJE ST: , . i ' I, I I, _ _ :! I ><(" ~ \\1 ~ I [I ! / II - _ ~ ! ~n_ ! (I 6111/, ~/\ ~ i ~ -~ ~ u COL~ CT, ;......,,J ~ ~ I ~ -I 11\1\ ~ , 77 i ROHRET RD I ;' I RS5 ( "'NIER DR~OPD;S ; ,en 'lJJs~ Z \\ / 'I I " ~ I \ <~ (c:3i ~,\ I I / SITE LOCATION: Walden Wood Part 9, Outlot A RS8 to P1 , I , -..------...-- --~----- ----- ------------- - ---- ---- I .. --.-. l!~ll li3dli H1MOd~ T'""" . . ............. 0.. 0 - I L{) (j) ~ , a: I , , I M I .:JO A1IJ C'I (/J t: CO 0.. Zz Q) OJ 1 C)~ :0 , co (Len " ~ < " ....t Octl (/Je.. t:] "0 c..... ._ 0 ~Z ~ .....- 00 CO':;::; S2 :::l ~o I 0"0 ~ -c I :::lctl ;:~ o _ -co ~ ~ .... - ctl" 0..- t:] Ilk] L{) w Q) '\ z 5 OJC\J \\1 Q "0 z - < " .-T'""" j) - ffi- a: " > Q .... U 0 -1- (/J 1 "0 c 1 ~ :s: ~ It) Q .. 1 (j en Z lr) a: 0 1 """" I~- r-. -< I. u 0 ~ ~ r-. """" [f) I .. CITY OF IOWA CITY ~ ~_:-"":- / I I l I : i ,I! I I~. I I I ' 11' I . 6AKCRESTI ST OPD20 I i \ \ \:j~, . ' P1 \ ' ' II I\II Roosevelt , I I tsl --~- -=f,--- R~' 44\ l!i I, School B --'>---- I I \;"; I a: i I, I i -~- :-- I I I , BENTON ST 1 I I"" ,I I 'I I is i Ben ton I I Iii I i~_' ~ j ~ I -J -- ~ \ RM j~,~~ e OPO/' 20 i RS8 1 /',// ~ H~4 ] I I ~ ~ , <( 1fI ~ '" ~ /' w ~~\ rn , 111 "~;" ~-:;;---- ~, ,I fE!-- IV _---i ,-I~' '11'- II ------__,/ ------_ __-:___ ~ ~! I /i)---/ ---- - -- I I SITE LOCA nON: Harlocke Hill Park OPD/RM44 to P1 I ! ---- ---- CITY OF IOWA CITY ~ \ " ,-", R/R1 v--A: c. t - ,,// ~_/ , / / I (/ \R R 1/ -~', , , I \ \ ' , , , , /1 -- i ,I , ' , , , I OAKES D~ J , , , , I , / ~ : I i ..J ~_~___c-----,-".---,---,--------,-,--- I I RSS --1 ~/-_/ / I ORP f---.-- / " /' //1 I RSS --j ...------1/ \ I /", . IX - /,/ \ \ >> C> --j_~ \ \ ....J r \ \ l - 2 ---j \ \ \ DUBUQUE RD I:!? I \ I, \ _~ __~ \ /\ I, \ , /, \ I ',/-', \ ------ - --j , , ----_/- - --I RDP RSS ! I OPOS I "'- \ RS '\\ " , , i ' I - ~ / I I CN1 --I, p;~ . I '- I I L I il - [ ////// \ I - I j I IO-RS I I , SITE LOCATION: Fire Station, North Dodge Street RR1 to P1 , 1 I i ! CITY OF IOWA CITY ~ II !! \111111 I, r0l..lffiIIJ\" \ \ \ III \ 'I ~ t=1=j H-I J / '~/~^ Y , I i I III I ',I , , , ^;(V / CALIFORNIA AVE , ' \, \, I 'I II I II 0-1(/ 9:- !IIII'I ":J "\I! ! f----. "'0 <:J I I I I ',I , ! U 'I",! "! \ f----. 0'1( ;,- , ' I I 0:::' I I -1 ~. T~I'ii I \ I U I 1\ ,II II \ 1 -1 ~ ..$" I I, Ii!'" ~, I i LW GRA"T WIOD DR/~ 'V'" , 'I I I ! ii:, , Ii" ~~ \ ~ i "'-1() I I 1'1 ! ! I I I -1 ~ M-+-+~~-/ II 'I -1",,,, , ' / - ! \ : I I~ Gran t , , {~~~ -- I II' ~' I FO/r- ---- 'i ~ Wood ~~_ . /// ! I ' I I School P1 meadow .~ I '- ~' /.J.....j I ' ! Park 1/ I '(f), I---c--,- ! I"-(! " j..---' +.-/ >3\-//1,\ I !I I I I 1 : !I I 1 I Ii, " ~, _ '1- ' ' , ' "" 'r- ,-\,-BY 011' , LAKESIDE DRIVE , '1Is'\\'I,\ . I i I 5: I I II I 'I' II II! f.- ! ' ---L- ' I-- f-- '\\. ',', <(" ',I " ' _ l' -l~ '--- I. m I' _. ' ' r-------- - 'I' c- l- Ii '" \', \ i 8 I i / I I--+-' __ I-f-- ,. " ,I, W--f-- " y ...." >1 , /, <('- !!'" ~/ --, .' f-- , , ,I I <(- -~-+-W I 'f----. ,-=- ~ !, 3 .,. ~ ~ 1- l- I I I f--- W ..J ,,_ w ,--I- -- I I ' i --j -~ 8~1_~ ' z'_ ~' \, STANWYCK DR --i <( 1--' Ct: I f--' /' " //1 Ii! II I ~-I- f-- .. ~./ / I! \ ii, >--- f-- T~~, ' ''i;~~'" ~ /;" i ! I (~I/)11T"1 /~-I= ~ I', ~ I I SITE LOCATION: Grant Wood Elementary School RS5 to P1 CITY OF IOWA CITY ~ I W;I/o w I P1 '--7-----.... v ~~ Hun ters ------ Run /~~~~ Pork i I ~'0 I I I , I I ~ 0 ~ 0 '" 0 .. ~ ~ Irving 15 n. 0 I 0 ~ 0 I , ~ Weber co I I " ~==~ -~ - '- EL PASO DR School ! P1 "'---i -- i l~ SITE LOCA nON: Irving Webber Elementary RS5 to P1 ~ , CITY OF IOWA CITY ~ I , I ~/ /~~~ I Ul C n y I f- Post z ---- Court 0 0:::: Of fie e LL House HARRISON ST- (' 1 "r" " f- " CJ i Ul P I I '~, gJ " c.i, -.J 0 ~ f- i - I 0.. <( ~ u PREN TI55 5T t, I .. .. SITE LOCATION: University of Iowa, Madison Street CI1 to P2 I -- ;'''r'1' /' Vr)" J.\ -Ii " / -' " "' N, - -.J L J -.-- " RS8 - , , * \ '\ " ' I I , \ , , , \',<:;\ , II I '-:,::," -- , LJ . "",\ i \ \ .~ '- P2 ' I , i r-- I L_~ , , ie-----. ~~. " \...~/ , ..---j I , , \ J___ . , \ RS8 I ~ ! \':.,: , , / I I I I I I , ,. ~ I SITE LOCA nON: University of Iowa, Melrose Ave., Melrose Ct., RS5 to P2 I Grand Ave. Ct., 3 Oak Park Ct., 223 Lucon Dr. I , I , i I I CITY OF IOWA CITY ~ II I I . Iii It'-=- tn I L'-j f/.L- I I ~J- w I -j~,.- =:; - :-----0 I I =:J rn =:; -,- 0 5T I I [ P2 I , P i ~~' I - (j) z 0 (j) - P7W 0 <( P1 :2 BURLI i [IIJ c=J c=J I I SITE LOCA nON: 201 S. Clinton Street P2/CB10 i , I , i I CITY OF IOWA CITY ~ I ' .'. ,",'''"," I / ~ RONAL[ I:::'.. ' 8ITB I OPD/RNS20 -- ~ i .. v P2 - I - BJllli, EI[ I ~ I I I I ' I I 1./ ' I , CHURC ! _.._~~-- / // / ./~ ~ I ll-= 8IIGJ ill I. 1/ IT~ ~'i hi tiJilld Em I f:::.: / / F AIRCf l~, I I #~ = I II LlliJd Rl ~~~I 1/ J, i, IT ~' "I ~- 11- ~ ~ : P2i / I' ~ -' "I ~ r-. I i LlJ I {II "HTTR III r- I:" 0Fl ff I ~ BLOOM I : ( )' l I ....! ' !' lD r-- D : I -\~ I I I ~ III~ e- ~ I 1/ /] "* PRM ~ ~~ P1 :: ,j) T ~ ~ SITE LOCATION: 322,430,530 Clinton Street PRM and RM44 to P2 CITY OF IOWA CITY ~ I I I I L HARRISON f- g6 i f- UJ UJ P z qJ --.J I 0 0 I UJ ~ f- - - 0 0.. .-.-- <( <( ::2 U \ PRENTISS ST ; : I I I - -- '---::"; ---=-- I I 2 I I i SITE LOCATION: University of Iowa, Madison Street CL1 to P2 , I , , I I ~ L.l!W Prepared by: Jeffrey Banks, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. AN ORDINANCE REZONING THE FOLLOWING PROPERTIES ASSOCIATED WITH UNIVERSITY OF IOWA TO INSTITUTIONAL PUBLIC (P2): 511 SOUTH MADISON STREET AND 620 AND 624 SOUTH MADISON STREET FROM INTENSIVE COMMERCIAL (CI-1) TO P2; LOTS 14 AND 151N GRAND AVENUE COURT ADDITION AND 320 MELROSE AVENUE FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS-B) TO P2; LOT 4 IN MELROSE COURT ADDITION, 223 LUCON DRIVE, 609 MELROSE AVENUE, AND 3 OAK PARK COURT FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS-5) TO P2; 322 NORTH CLINTON STREET FROM PLANNED HIGH DENSITY MULTI-FAMILY RESIDENTIAL (PRM) TO P2; 430 AND 530 NORTH CLINTON FROM HIGH DENSITY MULTI-FAMILY RESIDENTIAL (RM-44) TO P2; AND OLD CAPITOL MALL FROM CENTRAL BUSINESS DISTRICT (CB-10) TO P2/CB-10. WHEREAS, Section 14-6F-1 of the Iowa City Zoning Ordinance requires that land owned by a government entity be zoned P, Public; and WHEREAS, Section 14-6F-1 B-2 of the Zoning Ordinance indicates that properties owned by the State or Federal government be zoned Institutional Public (P2); and WHEREAS, the City of Iowa City has initiated the rezoning of abovementioned properties from their prior zoning designation to P2, Institutional Public; and WHEREAS, the properties whose descriptions are listed below fall into the category of properties owned by the University of Iowa; and WHEREAS, the University of Iowa has purchased portions of Old Capitol Mall and is leasing other portions while most of the first level and portions of the second level are being retained under private ownership. To reflect this mixed tenancy the mall should be rezoned to P2/CB10; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The zoning designation for the properties described below is hereby changed from the prior designation, to P2, Institutional Public: 511 South Madison The south 20 feet of Lot 1, and the north half of Lot 2 in Block 5, in that part of Iowa City, Iowa, known as the County Seat of Johnson County, Iowa. And, 320 Melrose Avenue, Grand Avenue Court Addition Lot 1 and the South 20 feet of Lot 2, in Grand Avenue Court Addition to Iowa City, Iowa, according to the recorded plat thereof. And, Lots 14 and 15 in Grand Avenue Court Addition Lot Fourteen (14) and Fifteen (15) in Grand Avenue Court, Iowa City, Iowa, according to the plat thereof recorded in Book 3, Page 101, Plat Records of Johnson County, Iowa. And, Lot 4 in Melrose Court Addition Lot four (4) in Melrose Court Addition to Iowa City, Iowa, according to the plat of the resurvey thereof recorded in Book 3, Page 139, Plat Records of Johnson County, Iowa. Ordinance No. Page 2 And, 609 Melrose Avenue Commencing at a point where the East Line of the East 132 feet of Lot 4 of Paul Custer's Subdivision in Lot 1, of Section 16, Township 79 North, Range 6 West, of the 5th Principal Meridian, intersects the Southerly Right-of-Way Line of Melrose Avenue; thence N90000'00'' W (an assumed bearing), 66.00 feet, alon9 said Southerly Right-of-Way Line, to the Point of Beginning; thence S02022'03"E, 149.55 feet; thence S90000'00''E, 73.00 feet to a point on said East Line of Lot 4; thence S05002'24"E, along said East Line, 439.70 feet; thence S89049'13"W, 131.99 feet; thence N05001'22"W, 590.10 feet, to a point on said southerly Right-of-Way Line of Melrose Avenue; thence S90000'00''E, along said Southerly Right-of-Way Line, 65.85 feet, to a Point of Beginning. And, 223 Lucon Drive Lot 8 and the North 20 feet of Lot 7, Lucon Subdivision, Johnson County, Iowa City, Iowa, according to the plat thereof recorded in Book 4, Page 184, Plat Records of Johnson County, Iowa. And, 3 Oak Park Court Lot three (3), Oak Park Court, according to the Plat thereof recorded in Plat Book 4, Page 239, in the Plat Records of Johnson County, Iowa. And, 322 North Clinton Street Commencing at the southwest comer of Lot Four (4) in Block Seventy-six (76) in Iowa City, Iowa, according to the recorded plat thereof, thence north 70 feet, thence east 105 feet, thence south 70 feet, thence west 105 feet to the place of beginning. And, 430 North Clinton Street The North Half of Lot 4 and the West Half of Lot 3 in Block 75, in Iowa City, Iowa. And, 530 North Clinton Street Commencing at the northwest corner of Lot 4 in Block 74 in Iowa City, Iowa, according to the recorded plat thereof, running thence east 94 feet, thence south 75 feet, thence west 94 feet to the west line of said lot, thence north to the place of beginning; together with and subject to the Sewer Agreement dated October 12, 1951 by and between Ruby Walzem and Stella S. Scott and Phi Chapter of Delta Delta Delta House Association, Inc. recorded on Page 189, Book 212, in the Office of the Recorder of Johnson County And, 620 South Madison Street Lot 6 and the north half of lot 5, in Block 13, in the County Seat of Johnson County, Iowa, according to the plat thereof recorded in Book 1, page 253, Deed Records of Johnson County, Iowa. And, 624 South Madison Street Beginning at the SW. corner of Lot No.5, Block 13 County Seat Addition of Iowa City, thence south 65 feet, thence easterly to a point 30 feet south of the S.E. corner of said Lot 5, thence west 150 feet to the point of beginning. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. Ordinance No. Page 3 SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance which shall be recorded at the office of the county recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this day of ,2006. MAYOR Approved b City Attorn ppdadm/ord/U1.doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration Vote for passage: O'Donnell. NAYES: Second Consideration Vote for passage: 5/23/06 AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott, None. ABSENT: None. Date published Ordinance No. Page 1 ~ Prepared by: Jeffrey Banks, Planning Intern. 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. AN ORDINANCE REZONING THE FOLLOWING PROPERTIES ASSOCIATED WITH THE CITY OF IOWA CITY AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT TO NEIGHBORHOOD PUBLIC (P1) AND THE IOWA NATIONAL GUARD TO INSTITUTIONAL PUBLIC (P2); BENTON HILL PARK, WHISPERING MEADOWS WETLAND PARK, OUTLOT ASSOCIATED WITH EAST HILL SUBDIVISION, OUTLOT ASSOCIATED WITH LONGFELLOW MANOR, AND OUTLOT ASSOCIATED WITH WALDEN WOOD PART 9 FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS-8) TO P1; PROPERTIES ASSOCIATED WITH GLENDALE PARK, HUNTER'S RUN PARK, WINDSOR RIDGE PARK, GRANT WOOD ELEMENTARY SCHOOL, AND IRVING WEBER ELEMENTARY SCHOOL FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS-S) TO P1; PROPERTIES ASSOCIATED WITH WEATHERBY PARK AND THE SYCAMORE GREENWAY FROM INTERIM DEVELOPMENT SINGLE FAMILY RESIDENTIAL (ID-RS) TO P1; PROPERTIES ASSOCIATED WITH COURT HILL TRAIL FROM MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL (RM-20) TO P1; AND PROPERTIES ASSOCIATED WITH HARLOCKE HILL PARK FROM OVERLAY PLANNED DEVELOPMENT/HIGH DENSITY MULTI-FAMILY RESIDENTIAL (OPD/RM-44) TO P1; AND FIRE STATION #4 AT THE INTERSECTION OF SCOTT BOULEVARD AND NORTH DODGE STREET FROM RURAL RESIDENTIAL (RR-1) TO P1; AND PROPERTY LOCATED ON THE NORTH SIDE OF MELROSE AVENUE, WEST OF HIGHWAY 218 FROM P1 TO INSTITUTIONAL PUBLIC (P2). WHEREAS, Section 14-6F-1 of the Iowa City Zoning Ordinance requires that land owned by a government entity be zoned P, Public; and WHEREAS, Section 14-6F-1 B-1 of the Zoning Ordinance indicates that properties owned by the City of Iowa City be zoned Neighborhood Public (P1 ); and WHEREAS, the City of Iowa City has initiated the rezoning of abovementioned properties from their prior zoning designation to P1, Neighborhood Public; and WHEREAS, the properties whose descriptions are listed below fall into the category of properties owned by the City; and WHEREAS, Section 14-6F-1 B-2 of the Zoning Ordinance indicates that properties owned by the State or Federal government be zoned Institutional Public (P2); and WHEREAS, certain property on the north side of Melrose Avenue, west of Highway 218, has been transferred from Johnson County to the State of Iowa National Guard, for the construction of a new Armory, necessitating a zoning change from P1 to P2. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The zoning designation for the properties described below is hereby changed from the prior designation, to P1, Neighborhood Public: Benton Hill Park Lots 3 and 4 of Henry F. Byrd's Subdivision as recorded in Book 4, Page 186 of the Johnson County Recorder's Office Including, Ruppert Hills Subdivision, Outlot A Hunter's Run Park A parcel of land located in the SE Y. NW Y. of Section 18, T79N, R6W of the 5th P.M., City of Iowa City, Johnson County, Iowa: Beginning at a point S 89046' W 139.9 feet from the center of said Section 18, Ordinance No. Page 2 said point being on the south line of said SE 14 NW 14; thence S 89"46' W 1200.3 feet along said south line, to the SW Corner of said SE 14 NW 14 ; thence N 0"44' W 1239.3 feet along the west line of said SE 14 NW 1/4 ; thence S 46"29.25' E 1564.5 feet; thence S 27"24.25' E177.0 feet to the Point of Beginning; excepting therefrom all that part thereof included in a corrective Quit Claim Deed and boundary line agreement recorded in Book 583, Pages 89-94 and as shown on a Plat of Survey recorded as No. 4005, Book 20, Page 11, in the records of Johnson County, Iowa; containing 16.1 acres more or less, subject to a 20-foot easement for sanitary sewer. Note; The south line of the SE 14 NW 14 of said Section 18 is assumed to bear S 89"46' W. Including, Parkway in Hunter's Run Subdivision, Part 3 And, Park Area of Hunter's Run Subdivision, Part 6 And, Parkway in Hunter's Run Subdivision, Part 4. And, Whispering Meadows Wetland Park Park area as depicted on final plat of Whispering Meadows Part 1. And, Longfellow Manor, Outlot 1 And, Mackinaw Village, Outlot B And, East Hill Subdivision, Outlot A And, Sycamore Greenway BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N88034'07"E, ALONG THE SOUTHERLY LINE OF MOUNT PROSPECT ADDITION, PARTS VII AND VIII, ACCORDING TO THE RECORDED PLATS THEREOF, 1324.88 FEET, TO THE SOUTHEAST CORNER OF LOT 307 OF SAID MOUNT PROSPECT ADDITION, PART VIII; THENCE S00044'21 "E, ALONG THE WESTERLY LINE OF LAKESIDE ADDITION AND ITS SOUTHERLY EXTENSION THEREOF, 1325.46 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 23; THENCE N88048'22"E, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23, A DISTANCE OF 795.57 FEET; THENCE S34004'44"E, 600.59 FEET; THENCE SOUTHEASTERLY, 202.62 FEET ALONG AN ARC OF A 300.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 198.79 FOOT CHORD BEARS S14043'48"E; THENCE S04037'09"W, 787.95 FEET; THENCE SOUTHEASTERLY, 171.11 FEET ALONG AN ARC OF A 400.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 169.81 FOOT CHORD BEARS S07038'10"E; THENCE S19053'28"E, 637.39 FEET; THENCE SOUTHEASTERLY, 300.85 FEET ALONG AN ARC OF A 900.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, Ordinance No. Page 3 WHOSE 299.45 FOOT CHORD BEARS S29028'03"E; THENCE SOUTHEASTERLY, 129.99 FEET ALONG AN ARC OF A 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 127.72 FOOT CHORD BEARS S20022'56''E; THENCE SOUTHWESTERLY, 904.72 FEET ALONG AN ARC OF A 1175.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 882.54 FOOT CHORD BEARS S49028'43"W; THENCE SOUTHEASTERLY, 531.22 FEET ALONG AN ARC OF A 383.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 489.65 FOOT CHORD BEARS S40002'08''E; THENCE N01046'05"W, 99.96 FEET; THENCE N88014'49"E, 290.63 FEET; THENCE N24037'22"E, 607.00 FEET; THENCE N08040'02"E, 276.74; THENCE N37032'33"E, 15.74 FEET; THENCE SOUTHEASTERLY, 934.38 FEET ALONG AN ARC OF A 1300.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 914.40 FOOT CHORD BEARS S26050'06"E; THENCE S01016'52"E, 571.99 FEET; THENCE SOUTHWESTERLY, 2017.15 FEET ALONG AN ARC OF A 1400.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 1847.14 FOOT CHORD BEARS S53031'17"W; THENCE N24036'43"E, 1159.84 FEET; THENCE S87030'12"W, 69.67 FEET; THENCE N21032'44"W, 109.97 FEET; THENCE NORTHWESTERLY, 841.87 FEET ALONG AN ARC OF A 1943.27 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 835.30 FOOT CHORD BEARS N31048'53"W; THENCE NORTHWESTERLY, 771.52 FEET ALONG AN ARC OF A 1175.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 757.73 FOOT CHORD BEARS N78036'29"W; THENCE N59047'51"W, 509.68 FEET; THENCE NORTHWESTERLY, 68.13 FEET ALONG AN ARC OF A 1450.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 68.12 FOOT CHORD BEARS N61008'37"W; THENCE N00059'29"W, ALONG THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF MAKADA SUBDIVISION, JOHNSON COUNTY, IOWA ACCORDING TO tHE RECORDED PLAT THEREOF, AND SAID EASTERLY LINE, 764.22 FEET; THENCE N89000'31"E, 300.00 FEET; THENCE S00059'29"E, 649.97 FEET; THENCE S34030'47"E, 219.49 FEET; THENCE S54054'17"E, 254.26 FEET; THENCE NORTHEASTERLY, 702.91 FEET ALONG AN ARC OF A 575.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, WHOSE 659.95 FOOT CHORD BEARS N89003'23"E; THENCE NORTHEASTERLY, 268.14 FEET ALONG AN ARC OF A 260.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 256.42 FOOT CHORD BEARS N59059'40"E; THENCE NORTHEASTERLY, 159.76 FEET ALONG AN ARC OF A 400.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 158.70 FOOT CHORD BEARS N79029'18"E; THENCE N56059'46"E, 207.23 FEET; THENCE N21051'48"E, 129.12 FEET; THENCE NORTHWESTERLY, 70.96 FEET ALONG AN ARC OF A 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 69.48 FOOT CHORD BEARS N13024'57"W; THENCE NORTHWESTERLY, 265.96 FEET ALONG AN ARC OF A 1100.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 265.31 FOOT CHORD BEARS N26049'04"W; THENCE N19053'28"W, 637.39 FEET; THENCE NORTHWESTERLY, 256.67 FEET ALONG AN ARC OF A 600.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 254.72 FOOT CHORD BEARS N07038'10"W; THENCE N04037'09"E, 787.95 FEET; THENCE NORTHWESTERLY, 67.54 FEET ALONG AN ARC OF A 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 66.26 FOOT CHORD BEARS N14043'48"W; THENCE N34004'44"W, 246.83 FEET; THENCE NORTHWESTERLY, 448.58 FEET ALONG AN ARC OF A 450.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 430.24 FOOT CHORD BEARS N62038'11"W; THENCE S88048'22"W, 352.67 FEET; THENCE NORTHWESTERLY, 293.32 FEET ALONG AN ARC OF A 325.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 283.47 FOOT CHORD BEARS N59014'42"W; THENCE S88048'22"W, 1175.96 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA; THENCE N01002'06"W, ALONG SAID WEST LINE, 50.00 FEET TO THE NORTH ONE-QUARTER CORNER OF SAID SECTION 26; THENCE N88048'22"E, ALONG THE NORTH LINE OF SAID SECTION 26, A DISTANCE OF 1150.09 FEET; THENCE NORTHEASTERLY, 278.08 FEET ALONG AN ARC OF A 325.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, WHOSE 269.67 FOOT CHORD BEARS N01002'53"E; THENCE NORTHEASTERLY, 171.98 FEET ALONG AN ARC OF A 375.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 170.48 FOOT CHORD BEARS N12025'16"E; THENCE NOoo43'02"W, 651.65 FEET; THENCE N42014'08"W, 136.59 FEET; THENCE NORTHWESTERLY, 85.92 FEET ALONG AN ARC OF A 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 83.31 FOOT CHORD BEARS N66048'58"W; THENCE S88034'07"W, 1028.47 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23; THENCE NOoo36'54"W, ALONG SAID WEST Ordinance No. Page 4 LINE, 100.01 FEET TO THE POIN, OF BEGINNING, CONTAINING 87.01 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Excepting those portions of Sycamore Greenway which fall outside of the boundaries of the City of Iowa City, And, Glendale Park A park in Memler's Subdivision And, Walden Wood, Part 9, Outlot A And, Windsor Ridge Park, Windsor Ridge Subdivision, Parts 1 & 2, Outlot B And, Windsor Ridge Subdivision, Part 8, Outlot B, And, Windsor Ridge Subdivision, Part 7, Outlot B And, Windsor Ridge Subdivision, Part 5, Outlot B And, Windsor Ridge Subdivision, Part 9, Outlot N And Harlocke Hill Park BEGINNING AT THE SOUTHWEST CORNER OF LOT 25 OF WEEBERS THIRD ADDITION TO IOWA CITY, IOWA, AS RECORDED IN PLAT BOOK 9, PAGE 14, PLAT RECORDS OF JOHNSON COUNTY, IOWA; THENCE N01'56'39"E, ALONG THE WESTERLY LINE OF SAID LOT 25, A DISTANCE OF 174.58 FEET; THENCE S88'09'30"E, 144.79 FEET; THENCE S43'09'30"E, 95.65 FEET; THENCE S87'56'58"E, 191.57 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 25; THENCE S01'50'30"W, ALONG SAID EASTERLY LINE, 25.00 FEET TO THE SOUTHEAST CORNER OS SAID LOT 25; THENCE N87'56'58"W, ALONG TH ESOUTHERL Y LINE OF SAID LOT 25, A DISTANCE OF 403.59 FEET TO SAID POINT OF BEGINNING, CONTAINING 0.91 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. And, North Fire Station Site Auditor Parcel 2003047, being a portion of land lying in the northeast quarter of Section 2, Township 79 North, Range 6 West of the Fifth Principal Meridian, Ci.ty of Iowa City, Johnson County, Iowa, depicted and described on the plat of survey recorded at Plat Book 48, Page 305 with the Johnson County Recorder, containing 48907 sf, or 1.123 acres. And, Ordinance No. Page 5 Grant Wood Elementary School That portion of the Grant Wood Elementary School property located east of Mount Prospect Subdivision, Parts V and VI. And, Irving Weber Elementary School Wild Prairie Estates, Part I, Outlot B. And, A portion of the Sl/2 of the SE1/4 of Section 12, Township 79 Nortti, Range 7 West of the 5'" Principal Meridian, Johnson County, Iowa, described as follows: Beginning at the South Quarter Corner of said Section 12; Thence NOO' -OO'-44"E - 40.00 feet along the West Line of the SE Y. of said Section 12 to a point on the North ROW of Melrose Avenue West; Thence N89'-06'-39"E - 952.64 feet along said North ROW to the Point of Beginning; Thence NOO'-OO'-44"E - 492.80 feet' Thence S89'-OT-09"E - 365.2 feet; Thence NOO' -OO'-44"E - 788.49 feet to a point on the North Line of the S % of the SE Y. of said Section 12; Thence S47'-34'-12"E - 739.36 feet; S29'-41'-18"E - 680.64 feet and S55'-54'-46"W - 236.66 feet to a point on the North ROW of Melrose Avenue West; Thence along said North ROW the following courses and distances: S84' -28'-3"W - 591.54 feet and S89' -.06'-39"W - 333.55 feet to the Point of Beginning. Said parcel contains 25.00 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. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized an directed to certify a copy of this ordinance which shall be recorded at the office of the county recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication, as required by law. . Passed and approved this day of ,2006. MAYOR ATTEST: CITY CLERK ppdadm/ordIlC.doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 5/23/06 Vote for passage: AYES: Vanderhoef. NAYES: Second Consideration Vote for passage: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, None. ABSENT: None. Date published ~ Prepared by: Robert Miklo, PCD, 410 E Washington Street, Iowa City, IA 52240 319 356-5240 (VAC06-00001) ORDINANCE NO. AN ORDINANCE VACATING THE ALLEY LOCATED NORTH OF BENTON STREET BETWEEN CLINTON STREET AND DUBUQUE STREET (VAC06-00001) 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 A nEST: CITY CLERK Approved by ~ City Attorney' ~!/~(P(P ppadm/ordlvacOO-QOOO1.doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 5/23/06 Vote for passage: AYES: Bailey, Champion, Elliott, 0 'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSTAINED: Correia. ABSENT: None. Second Consideration Vote for passage: Date published ~ Prepared by: Susan Dulek, Ass!. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4, ENTITLED "ANIMAL CONTROL" AND TITLE 10, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 9, ENTITLED "PARKS AND RECREATION REGULATIONS," TO ALLOW DOGS TO BE OFF LEASH IN THORNBERRY OFF-LEASH DOG PARK, WHEREAS, City Code section 8-4-601 prohibits an animal from being at large in the City and City Code section 10-9-2 prohibits a person from bringing a pet into a City park unless it is on a leash or confined in a vehicle or kennel, with limited exceptions; WHEREAS, the City has developed a new dog park that has been named Thornberry Off-Leash Dog Park and that is scheduled to open June 17, 2006; and WHEREAS, it is in the best interest of the City to provide an exception at Thornberry Off-Leash Dog Park from the general requirement that dogs be confined or on a leash. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control," Section 6, entitied "Prohibitions and Requirements," Article 0, entitled "Animals at Large," Paragraph 1 is hereby amended by adding the following new subparagraph d as follows: It is a dog in Thornberry Off-Leash Dog Park that has been issued a use permit. 2. Title 10, entitled "Public Ways and Property," Chapter g, entitled "Parks and Recreation Regulations," Section 2, entitled "Prohibited Actions in Parks" is hereby amended by deleting Paragraph 3 in its entirety and adding a new Paragraph 3 as follows: This provision shall not apply to: a) an animal trained to assist persons with disabilities; b) a person issued a permit as authorized in section 8-4-12 of this code; or c) a dog in Thornberry Off-Leash Dog Park that has been issued a use permit. 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 , 2006. MAYOR ATTEST: CITYCLERK Approved by ~~~ \-'~-(jC, City Attorney's Office Ordinance No. Page -L that the Ordinance It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration Vote for passage: Champion. NAYS~ Second Consideration Vote for passage: 5/23/06 AYES: None. Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, ABSENT: None. Date published