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HomeMy WebLinkAbout2011-05-03 Ordinance05 -03 -11 Prepared by: Tabatha Ries - Miller, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 10.39 ACRES LOCATED AT 1725 NORTH DODGE STREET OWNED BY THE PRESS - CITIZEN COMPANY FROM RESEARCH DEVELOPMENT PARK (RDP) TO NEIGHBORHOOD PUBLIC (P -1). (REZ11- 00006) WHEREAS, the North Dodge Partners, L.L.C. is the legal title holder of the property located at 1725 N. Dodge Street; and WHEREAS, Iowa City School District is in the process of purchasing the subject property and intends to use the property for the central administrative office, School Board meeting location, food service area and other uses related to the School District; and WHEREAS, Section 14-21F-113(1) of the Zoning Ordinance states that uses such as schools, parks, police and fire stations, and other civic buildings owned or otherwise controlled by the County, the City, or the Iowa City Community School District for such uses will be designated as P -1, Neighborhood Public Zones; and WHEREAS, the applicants, North Dodge Partners, L.L.C. and Iowa City School District, have requested a rezoning of the subject property from Research Development Park (RDP) to Neighborhood Public (P -1); and WHEREAS, the Comprehensive Plan identifies Dodge Street as a main entranceway corridor into Iowa City and proposes that development in the area maintain and enhance the area's appearance; and WHEREAS, the Comprehensive Plan identifies the need for preserving the area's environmentally sensitive features and natural beauty. The Plan recommends that development occur with consideration of ecological features, such as protecting critical wildlife habitats, natural terrain, and future green space; and WHEREAS, the subject property contains steep, critical, and protected slopes; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that, with appropriate conditions regarding preserving the site's environmental sensitive features and maintaining an attractive entrance to the city, the requested zoning complies with the Comprehensive Plan; WHEREAS, Iowa Code §414.5 (2011) 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, Owner has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property legally described as Lot 1, Press - Citizen Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 43, Page 311, Plat Records of Johnson County, Iowa, is hereby reclassified from its current zoning designation of Research Development Park (RDP) to Neighborhood Public (P -1). SECTION II. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner, the applicants, and the City, following passage and approval of this Ordinance. SECTION III. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Ordinance No. Page 2 of 2 SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 12011. u: •- Approved by City Attorney's Office ��� ATTEST: CITY CLERK Prepared by: Tabatha Miller, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 40 (6 -5251 (REZ11- 00006) 44*& CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), North Dodge Partners, LLC (hereinafter "Owner "), and Iowa City Community School District (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 10.39 acres of property located at 1725 N. Dodge Street; and WHEREAS, the Owner and Applicant have requested the rezoning of said property from Research Development Park (RDP) to Neighborhood Public Zone (P -1); and WHEREAS, the Comprehensive Plan identifies Dodge Street as a main entranceway corridor into Iowa City and proposes that development in the area maintain and enhance the area's appearance. WHEREAS, the Comprehensive Plan identifies the need for preserving the area's environmentally sensitive features and natural beauty. The Plan recommends that development occur with consideration of ecological features, such as protecting critical wildlife habitats, natural terrain, and future green space. WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding preserving the site's environmental sensitive features and maintaining an attractive entrance to the city, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and Sensitive Areas Ordinance, and the need for neighborhood compatibility, protection of natural slopes, and the enhancement of the Dodge Street Corridor as an entryway into the city; and WHEREAS, the Owner and Applicant agree 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. North Dodge Partners, LLC is the legal title holder of the property legally described as Lot 1, Press - Citizen Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 43, Page 311, Plat Records of Johnson County, Iowa. 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa ppdadm /agt/rez11 -00006 conditional zoning agreement.doc Cod 4. f �' 11) provides that the City of Iowa City may impose reasonable bid "n, "i: on granting an applicant's rezoning request, over and above the existing ' reguifations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Any exterior additions to or redevelopment of the existing building will be contained within the area identified as "APPROXIMATE AREA OF PHASE II LANDSCAPING BY BLDG. CONTRACTOR" on page C8 of the Site Development Plan for the Iowa City Press - Citizen Office and Production Facility, Iowa City 1989, attached hereto as Exhibit A and incorporated herein by this reference. b. Any future development will be reviewed for general compliance with the. Landscape Plan shown on Exhibit A. c. Any future site plan will be sensitive to the site's steep, critical, and protected slopes, with protected slopes preserved and buffered as required by the Sensitive Areas Ordinance. 4. The Owner and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and 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. The Owner and Applicant acknowledge 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 CITY OF IOWA CITY Owner: North Dodge Partners, LLC ppdadm /agt/rezll -00006 conditional zoning agreement.doc 2 Matthew J. Hayek, Mayor By: Attest: Applicant: Iowa City Community School District Marian K. Karr, City Clerk By: Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 20 , before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek 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 (Stamp or Seal) Title (and Rank) North Dodge Partners, L.L.C.: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn, did say that the person is (title) of North Dodge Partners, LLC, and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said limited liability company acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. ppdadm /agt/rezl1 -00006 conditional zoning agreement.doc 3 Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) Iowa City Community School District: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn, did say that the person is (title) of the Iowa City School District, and that said instrument was signed on behalf of the said school corporation by authority of its managers and the said school corporation acknowledged the execution of said instrument to be the voluntary act and deed of said school corporation by it voluntarily executed. 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Ir : Ir NT 01: rSCVOGIfIW IOrOCfIi mcLAS rTR I Ir xr -a TIlLDV(VW DODVfIP��_ a v�Xr .WH JJ UIE 'W9t1f SWCEA SIDIJaYOU .. -xt, aD G b [q RClotfat D0.YQID + a• Ip1I { G+CS b., A.MC NDDNM .• Df IPQ6TU ILAM DCAl11a4 X.AY eE MCP .a D WW IS Pm,MTW. 5 ITTIW M iIGL lDi�MNlE )MW TOUR nG01/ill u . . �5 b STAFF REPORT To: Planning & Zoning Commission Prepared by: Tabatha Miller, Planning Intern Item: REZ11 -00006 Date: April 7, 2011 GENERAL INFORMATION Applicant: North Dodge Partners, LLC and Iowa City School District 509 S. Dubuque St. Iowa City, IA 52240 Contact Person: Kirsten Frey 920 S. Dubuque St. Iowa City, IA 52244 Phone: (319) 351 -8181 Requested Action: Rezoning from RDP to P1 Purpose: To reflect public ownership and proposed use of the property for School District offices. Location: 1725 North Dodge Street Size: 10.39 acres Existing Land Use and Zoning: Resea Surrounding Land Use and Zoning: North: South: East: West: -ch Development Park (RDP) Residential (RS 5) Residential (OPD5) and Park (P1) Undeveloped (CO1) Park (P1) Comprehensive Plan: Research Development Park (RDP) File Date: February 25, 2011 45 Day Limitation Period: April 11, 2011 BACKGROUND INFORMATION: North Dodge Partners, LLC and Iowa City Community School District are requesting a rezoning of the subject property to reflect public ownership. The School District is in the process of purchasing the property and intends to use the property for the central administrative office, School Board meeting location, food service area and other uses S:PCD /Staff Reports/ REZ11 -00006 1725 N. Dodge related to the School District. Section 14 -2F -1 B -1 of the Zoning Ordinance states that uses such as schools, parks, police and fire stations, and other civic buildings owned or otherwise controlled by the County, the City, or the Iowa City Community School District for such uses will be designated as P1, Neighborhood Public Zone. The P1 zoning designation serves a notice function to those owning or buying land in proximity to publicly owned or controlled land. The subject property was rezoned in November 1988 from Low Density Single Family Residential (RS5) to Research Development Park (RDP) for the development of a facility for the Iowa City Press - Citizen. At that time, the rezoning included a conditional zoning agreement to address concerns such as the environmental sensitive features of the property, including steep, critical and protected slopes, and preservation of the natural beauty along the northeast entrance to the city. One condition of the conditional zoning agreement required compliance with the Iowa City Press- Citizen Development Standards dated November 2, 1988, with the stated purpose of producing a high quality and aesthetically pleasing development that complements the site's natural resources and preserves an environment that is pleasing to occupants, visitors, and neighbors. These standards specifically address site standards, landscaping, grading and drainage, signage, parking, outdoor storage, exterior lighting, utilities, and building design. The applicant has indicated that they have chosen not to use the "Good Neighbor Policy." ANALYSIS: Current Zoning The current zoning is Research Development Park Zone (RDP), which allows for the development of office, research, production, or assembly firms, and other complementary uses. Although some other uses are allowed, office and research uses should predominate in the RDP zone. Staff feels the Iowa City School District's intended uses are similar to those typically found in the Research Development Park Zone. Upon rezoning in 1988, a conditional zoning agreement was also adopted. The agreement outlines specific regulations concerning site development to ensure the environmentally sensitive features are preserved and an attractive entryway into the city is maintained. Staff recommends the current rezoning also be subject to a conditional zoning agreement to address similar concerns and ensure consistency with the intent of the original zoning and development standards. Proposed Zoning The proposed zoning of Neighborhood Public (P1) would reflect public use of the land and will allow the property to be used for public purposes associated with the Iowa City School District. Public uses are subject to certain development standards in order to create a transition between public and private uses. When a P1 zone abuts a residential zone, buildings and structures may not exceed the maximum height specified for the adjacent residential zone. In this location the height restriction is 35 feet. Setbacks must be at least equal to the setbacks of the adjacent residential zone. The P1 zone also contains requirements for landscaping and screening. The current development on the property meets all of these standards. Comprehensive Plan The subject property is located in the Northeast Planning District, which identifies this area S:PCD /Staff Reports/ REZ11 -00006 1725 N. Dodge for Research Development Park. The area is also discussed in the North District Plan because it is located at the boundary of the two districts. The North District Plan and the Northeast District Plan both mention the area as the location of two major employers, Iowa City Press - Citizen and ACT. Both district plans also emphasize the need to preserve the area's natural beauty and maintain the area as an attractive entrance into the city. The North District Plan identifies Dodge Street as a main entranceway corridor into Iowa City. Maintaining and enhancing the appearance of the entranceway is recommended. Views of wooded ravines and well - landscaped office park developments have been identified as positive features of the area. The Northeast District Plan has a section that discusses environmental features in the area. The Plan encourages "development that occurs with consideration of ecological features, such as protecting critical wildlife habitats, natural terrain, and future green space." At this time, the Iowa City School District has not proposed any major exterior alterations to the site. If future reconstruction of the site is proposed, staff recommends that the new development maintains sensitivity to natural features and intended aesthetics as outlined by the Comprehensive Plan and district plans. Staff recommends the rezoning be subject to a conditional zoning agreement that requires future site plans to be consistent with the original intent of the 1988 Conditional Zoning Agreement and the Iowa City Press - Citizen Printing and Publishing Facility Development Standards. The conditional zoning agreement should also require maintenance of the current landscaping as a way to preserve the existing slope and buffer parking from North Dodge Street. Staff feels the requested rezoning of the subject property from RDP to P1 is generally consistent with the Comprehensive Plan's RDP designation due to the similar nature of the School District's proposed uses. However, if the rezoning is approved, the Comprehensive Plan should be amended at some future time to reflect the public use, rather than Research Development Park, in order to more accurately reflect the land use. This can be done the next time the Northeast District Plan is updated or amended. Neighborhood Compatibility The site as currently developed appears to be compatible with the surround areas, including residential neighborhoods to the south, a natural preservation area west and southwest, and undeveloped commercial office to the east. To maintain neighborhood compatibility, the existing southern buffer from the residential neighborhood would need to be preserved. The conditional zoning agreement, as recommended by staff, would ensure any future site changes would maintain neighborhood compatibility. Environmentally Sensitive Areas This property contains some steep, critical, and protected slopes. The protected slopes should remain buffered and undisturbed. At this time, the School District has not proposed any major changes to the site. However, staff recommends the rezoning be subject to a conditional zoning agreement that would ensure any future development would preserve the site's environmentally sensitive features consistent with the intension of the original site plan approved in 1988. The conditional zoning, as recommended by staff, would also require general compliance with the Landscape Plan dated March 24, 1989 and approved as part of the Site Development Plan for the Iowa City Press - Citizen Office and Production Facility of 1989. S:PCD /Staff Reports/ REZ11 -00006 1725 N. Dodge Traffic, Access, and Street Design The site currently has one access point off of North Dodge, located near the northeast corner of the parcel. At this time, the School District has not indicated any intention to modify access to the site. The conditional zoning agreement, as recommended by staff, would require any future site plans that may alter the entrance be reviewed to ensure general compliance with the 1989 Landscape Plan. STAFF RECOMMENDATION: Staff recommends approval of REZ11- 00006, an application to rezone 10.39 acres of land located at 1027 North Dodge from RDP to P1, subject to a Conditional Zoning Agreement that addresses the need to preserve the site's environmentally sensitive features and maintain the area as an attractive entryway into the city. Attachments: 1. Location map 2. Aerial photograph Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development S:PCD /Staff Reports/ REZ11 -00006 1725 N. Dodge CM pi S12 ID -RS SITE LOCATION: 1725 N. Dodge Street REZ11 -00006 N _b 1> Prepared by: Tabatha Ries - Miller, Planning Intern, 410 E. Washington Street, Iowa City, IA 52!64Q*31M56 -525" ---1 C-7 ORDINANCE NO. .<r i v M AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 10.3sRE'" LOCATED AT 1725 NORTH DODGE STREET OWNED BY THE PRES ITIZEth COMPANY FROM RkSEARCH DEVELOPMENT PARK (RDP) TO NEIGHBORHOOW PUBLIC (P1). (REZ11- 006) WHEREAS, the North Do a Partners, LLU is the iegai ❑ue nomer vi a ie NI UNGI Ly JV%,a«u Cll I . , •. Dodge Street; and WHEREAS, Iowa City School istrict is in the process of purchasin the subject property and intends to use the property for the central ad 'nistrative office, School Board me ting location, food service area and other uses related to the School Distri ; and WHEREAS, Section 14 -2F -1 B of the Zoning Ordinance sta s that uses such as schools, parks, police and fire stations, and other civic b 'Idings owned or otherwise c ntrolled by the County, the City, or the Iowa City Community School District for s ch uses will be designate as P -1, Neighborhood Public Zones; and WHEREAS, the applicants, North Dodge artners, LLC and to City School District, have requested a rezoning of the subject property from Research evelopment Park DP) to Neighborhood Public (P1); and WHEREAS, the Comprehensive Plan i entifies Dodge S eet as a main entranceway corridor into Iowa City and proposes that development in the a a maintain an enhance the area's appearance. WHEREAS, the Comprehensive Plan identifi s the need for preserving the area's environmentally sensitive features and natural beauty. The Plan rec mends at development occur with consideration of ecological features, such as protecting critical wildlife h bitatsI atural terrain, and future green space. WHEREAS, the subject property contains some ste p, cr ical, and protected slopes; and WHEREAS, the subject property was rezoned in o ember 1988 from Low Density Single Family Residential (RS5) to Research Development Park (RDP), subject to a Conditional Zoning Agreement and Site Development Standards that addressed the environ tal sensitive features and natural beauty as an entrance to the city. WHEREAS, the Planning and Zoning Commission as re�jewed the proposed rezoning and determined that, with appropriate conditions regarding preservi g the site's environmental sensitive features and maintaining an attractive entrance to the city, the re qu sted zornn complies with the Comprehensive Plan; WHEREAS, Iowa Code §414.5 (2009) provid s that the Cily of Iowa City may impose reasonable conditions on granting an applicant's rezoning requ st over and above existing regulations in order to satisfy public needs caused by the requested change; an WHEREAS, Owner has agreed that the pro erty shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement ensure appropriate dev' elopment in this area of the city. NOW, THEREFORE, BE IT ORDAINE BY THE CITY COUNCIL bF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property lega y described as Lot 1, Press - Citizen Addition, Iowa City, Iowa, according to the plat thereof recorded in Bo k 43, Page 311, Plat Records of Johnson County, Iowa is hereby reclassified from its current zoning desi ation of Research Development Park (RDP) to Neighborhood Public (P1). SECTION II. CONDITIONAL ZONI AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Con tional Zoning Agreement between the property owner, the applicants, and the City, following pas ge and approval of this Ordinance. SECTION III. ZONING MAP. Th building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, t conform to this amendment upon the final passage, approval and publication of the ordinance as ap roved by law. SECTION IV CERTIFICAT N AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and. record the same in the Ordinance No. Page 2 of 2 Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Cct --ri m \ /II FGGFrTi\/F nATF This Ordinance shall be in effect aftpr its final passage, approval N b C�7 Cl) < �m C U1 O Prepared by: Tabatha Miller, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ11- 00006) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), North Dodge Partners, LLC (hereinafter "Owner "), and Iowa City school District (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 10.39 �cres of property located at 172 N. Dodge Street; and / WHEREAS, he Owner and Applicant have requested the rezoningkf said property from Research Developm t Park (RDP) to Neighborhood Public Zone (P1); awd WHEREAS, the mprehensive Plan identifies Dodge Street as a main entranceway corridor into Iowa City an roposes that development in the area aintain and enhance the area's appearance. WHEREAS, the Comprehb� environmentally sensitive features occur with consideration of ecoli natural terrain, and future green sr Plan identifies the ne d for preserving the area's natural beauty. The Pla recommends that development I features, such as p otecting critical wildIN habitats, WHEREAS, the Planning and Zonis conditions regarding preserving the site's attractive entrance to the city, the request and o — Commissio as determined th4_kvit"ppr to ivironmen I sensitive features 4jxbmarintainilhg an zoning i consistent with the CU�FKeh@nsivn; WHEREAS, Iowa Code §414.5 (2011) reasonable conditions on granting an applicE regulations, in order to satisfy public needs cay ides that the City of Iowa Citygay impose rezoning request, over and above existing )y the requested change; and WHEREAS, the Owner and ap icant a nowledge that certain conditions and restrictions are reasonable to ensure th developme t of the property is consistent with the Comprehensive Plan and Sensitive reas Ordina e, and the need for neighborhood compatibility, protection of natural slop , and the enhan ement of the Dodge Street Corridor as an entryway into the city; and WHEREAS, on Decembe 13th, 1988 the former o ner, the Press - Citizen Company, agreed to a Conditional /tat Agreement for the stated p rpose of producing a high quality and aesthetically pleaslopment that complements a site's natural resources and preserves an environms pleasing to occupants, visi rs, and neighbors. The 1988 Conditional Zoning A required compliance with the Iowa City Press - Citizen Development and Conaster Plan dated November X10, 1988, to ensure the site provides a positive imag city along this major arterial ent ay into the city; and WHEREAS, th6 Owner and Applicant agree to develop thin property in accordance with the terms and conditions of a Conditional Zoning Agreement. i NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties ppdadm /agt/rez11 -00006 conditional zoning agreement 1 agree as follows: 1. North Dodge Partners, LLC is the legal title holder of the property legally described as Lot 1, Press - Citizen Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 43, Page 311, Plat Records of Johnson County, Iowa. 2. North Dodge Partners, LLC and the Iowa City School Distyrict are requesting rezoning. 3. The Owner and Applicant acknowledge that the City wi hes to ensure conformance to the p ' ciples of the Comprehensive Plan. Further, th parties acknowledge that Iowa Code 14.5 (2009) provides that the City of low City may impose reasonable condition on granting an applicant's rezoning requ st, over and above the existing regulations, ' order to satisfy public needs caused by the requested change. 4. In consideratio of the City's rezoning the subject Vroperty, Owner and Applicant agree that developmen of the subject property will con orm to all other requirements of the zoning chapter, as ell as the following condition . a. Any future site p n will generally be c sistent with the original intent of the Conditional Zoning reement dated Dec ber 13, 1988 and the Site Development Plan for the Iowa Cit Press - Citizen Offi a and Production Facility, Iowa City, Iowa 1989. b. Any exterior additions to r redevelop ent of the existing building will be contained within the area identified as ' P BLDG. CONTRACTOR" on c Press - Citizen Office and Pro c. Any future development will be Plan on page C8 of the Site De and Production Facility, Iowa Cif d. Any future site plan will be sen, with protected slopes prese� Ordinance. ;OXI ATE AREA OF PHASE II LANDSCAPING BY C8 of the Site Development Plan for the Iowa City n acility, Iowa City 1989. ewed for general compliance with the Landscape opment Plan for the Iowa City Press - Citizen Office I wa 1989. to o the site's steep, critical, and protected slopes, and buffered as required by the Sensitive Areas 5. The Owner and Applicant, a d City acknowledge that the conditions contained herein are reasonable conditions t impose on the Ian under Iowa Code §414.5 (2009), and that said conditions satisf public needs that ake caused by the requested zoning change. 6. The Owner and Applic transferred, sold, rede terms of this Condition 7 The parties acknov� a covenant running and effect as a cov City of Iowa City. acknowledge that this agreement shall inure to the b of�a?,id bind -esentatives, and assigns of the parties. The parties fur all successors, yt and City acknowledge that i .loped, or subdivided, all red Zoning Agreement. the event the subject property is ielopment will conform with the Ige that this Conditional Zoning Agre ent shall be deemed to be th the land and with title to the land, a d shall remain in full force ant with title to the land, unless or until leased of record by the ppdadm /agUrezl1 -00006 conditional zoning agreement 2 8. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 9. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be reco ded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day CITY OF IOWA CITY Matthew Hayek, Mayor Attest: 20 Owner: North Do , e Partners, LLC By: -ant: City School District Marian K. Karr, City Clerk y: Approved by: C) —' M City Attorney's Office c _ CITY OF IOWA CITY ACKNOWLEDGEM NT: cn CD STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of \ , 20 , before me, the undersigned, a notary public in and or the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me persongily known, who being by a duly sworn, did say that they are the Mayor and City Clerk, respe tively, of said municipal c poration executing the within and foregoing instrument; that the s I affixed thereto is the seal f said municipal corporation; that said instrument was signed and sealed on behalf of said munici al corporation by authority of its City Council; and that the sai Mayor and City Clerk as such fficers acknowledged that the execution of said instrument t be the voluntary act and deed o said corporation, by it and by them voluntarily executed. Notary Public in and for (Stamp or Seal) Title (and Rank) ppdadm /agt/rez11 -00006 conditional zoning agreement 3 State of Iowa North Dodge Partners, LLC: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this in and for personally _ day of , 20 , before me, the undersigned, a Notary Public e State of Iowa, personally appeared , to me own, who being by me duly sworn, did say that the person is (title) of North Dodge Partners, L C, and that said instrument was signed on b%limit the said limited liability company by authorit of its managers and the said limited liability cy acknowledged the execution of said instr ment to be the voluntary act and deed of said liability company by it voluntarily execute . Notary Public 0 and for said County and State (Stamp or Title (ar)d Rank) Iowa City School District: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 20 `\ , before me, the undersigned, a Notary Public in and for the State of Iowa, personal appeared `•, , to me personally known, who being y me duly `,,sworn, did say that the person is was signed on behalf of the said school corporation acknowledged deed of said school corporation b; itle) of the Iowa 6ty School District, and that said instrument chool corporation by authority of its managers and the said the execution of said instrument to be the voluntary act and it voluntarily executed. . Notary Public in and for said County and State (Stamp or Seal) \ \ Title (and Rank) `� o 92; O ppdadm /agt/rez11 -00006 conditional zoning agreement 4 M5 Prepared by: Tabatha Ries - Miller, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. AN ORDINANCE APPROVING AN AMENDED PLANNED DEVELOPMENT OVERLAY (OPD -5) PLAN FOR VILLAGE GREEN PART XX, LOT 50 (WELLINGTON CONDOMINIUMS), IOWA CITY, IOWA (REZ11- 00007) WHEREAS, the Applicant, Stanley & Douglas, L.L.C. is the legal title holder of Village Green Part XX, Lot 50, Iowa City, Iowa; and WHEREAS, the OPD -5 Plan and final plat for Village Green Part XX was approved in December 2001 by Ordinance No. 01 -3989, with all units allowed to have two -car garages; and WHEREAS, the OPD -5 Plan was amended in January 2005 by Ordinance No. 05 -4148 to allow three - car garages on seven (7) of the 19 proposed dwelling units; and WHEREAS, the Applicant, has requested an amendment to the OPD -5 Plan to allow three -car garages on four (4) additional dwelling units; and WHEREAS, the OPD -5 zoning is intended to permit flexibility in the use and design of structures and land in situations where a conventional development may be inappropriate; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed OPD -5 Plan Amendment and has recommended approval; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Planned Development Overlay (OPD -5) Plan of the property legally described as Lot 50, Village Green Part XX, Iowa City, Iowa is hereby amended. SECTION II. VARIATIONS. To allow the development of 19 dwelling units on 7.0 acres clustered around a pond, the Village Green Part XX OPD -5 Plan varies from the RS -5 dimensional requirements. These variations include allowing multiple dwelling units to be located on one lot; two to three dwelling units are attached in one structure; and some dwelling units are accessed from a 22 -foot wide private street. SECTION III. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 12011. MAYOR Approved by _.' L' A City Attorney's Office Y a7 1r ATTEST: CITY CLERK Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright that the Ordinance First Consideration 5/3/2011 Vote for passage: AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published STAFF REPORT To: Planning & Zoning Commission Prepared by: Lorin Ditzler, Planning Intern Item: REZ1 1 -00007 Lot 50 Village Green Date: April 7, 2011 GENERAL INFORMATION: Applicant: Contact Person: Requested Action: Purpose: Location: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: Stanley and Douglas, LLC 2346 Mormon Trek Blvd Iowa City, Iowa 52246 Matthew Lepic 319- 321 -7199 Matthew.lepic @gmail.com Planned Development Rezoning Allow 3 car garages on 4 proposed residential units Lot 50, Village Green Part 20 1415, 1419, 1433 &1441 Village Road Planned Development Overlay Low Density (OPD- 5) North: Residential, OPD -5 South: Residential, OPD -5 East: Residential, OPD -5 West: Residential, OPD -5 Southeast District Plan: Low Density Residential (OPD -5) March 14, 2011 April 28, 2011 BACKGROUND INFORMATION: The applicant, Stanley and Douglas, LLC, has requested an amendment to a Low Density Planned Development Overlay (OPD -5) plan to allow three -car garages on four proposed residential units at 1415, 1419, 1433 & 1441 Village Road. The units are part of Lot 50 of the Village Green Development, Part 20. The plat and OPD plan for Village Green Part 20 was originally approved in December 2001 with two -car garages on all units. The OPD plan was amended in January 2005 to allow three -car garages on 7 out of 19 dwelling units. The approved plan included a note that the third garage stall must be set back at least two feet from the other garage stalls, in order to 2 provide some articulation along the facade. All of the units approved for three car garages have been built and the applicant has reported that they sold very well. In light of the popularity of the three -car garage units, the applicant is requesting that four additional units be approved to have three -car garages. Because this is a planned development overlay with a specific plan, in order to build more units with three -car garages, it is necessary to amend the previously approved OPD plan. The applicant has indicated that they have not used the "Good Neighbor Policy." ANALYSIS: The OPD -5 zoning is intended to permit flexibility in the use and design of structures and land in situations where a conventional development may be inappropriate, and where modifications of requirements of the underlying zone are not contrary to: 1 . The intent and purpose of the zoning ordinance, 2. The Comprehensive Plan, or 3. The safety and welfare of the surrounding neighborhood. The approved plan for Village Green Part 20 allows up to 7 of the 19 units to have three -car garages, with the remaining units approved for two -car garages. At the time of the approval, it was found that Village Green housing units were suitable for three -car garages because they have relatively long areas of green space between structures. The green spaces were thought to mitigate the effect of the garages. Staff believes that this finding remains valid. Staff believes that allowing these three -car garages will not adversely affect the surrounding neighborhood, or contradict the intent of the zoning ordinance or the comprehensive plan. The previous requirement that the third garage stall be set back at least two feet from the other stalls should be retained, to provide some articulation along the facade. The draft OPD plan for the proposed units includes this setback. STAFF RECOMMENDATION: Staff recommends that REZ11- 00007, a rezoning to amend the Planned Development Overlay plan of Village Green Part 20 to allow three -car garages on four new units, be approved. ATTACHMENTS: 1. Location Map 2. Site Plan 3. Elevation Drawings Approved by: �rr Robert Miklo, Senior Planner, Department of Planning and Community Development Preliminary OPD & Site Plan Village Green Part XX, Lot 50 WELLINGTON CONDOMINIUMS II LEGEND AND NOTES IBB Iowa City, Iowa - ccN� Comm rouflD - PfID W�Po1�( S), rWND - ��Btt ./w Bd NDMY u cs CONGRETY SECTION y Lh PLAN PREPARED BY : APPLICANT: APPLICANTS ATTORNEY' -- PoPR-OF -MAY 11NE5 LI - - - -- = Lor LINES. psi ETwu o-ana'z - MMS CONSULTANTS INC. R -20.W STANLEY & DOUGLAS LLC STEVE ANDERSON -- LOT Ulm PLATIEo Oft BY 0® - - - - - -- EASFAIENT IN1E9, 1xD71 • vuBPOSE NOTE) 9 � t � /�' L -J111 1917 SOUTH GIIBERT ST. T. &7'r 2346 MORMON TREK BLVD 568 HIGHWAY 1 W - E%ISiINO —Su xEs °' _ vBao SM S LNES �� I E L 1 J IOWA CITY, IA 52240 tY27.W' IOWA CITY, IA 52246 IOWA CITP, IA 52246 —N -- wsTMC DATEx uNEs —W -- PROPOSED WATER UNFS GRAIM x118 2 1P8f 1••50' .f.,..'. tP -n2- W15•w ems - EI.G ST 5 LINES - -�4-- - PROPOSED ST S LNES O - PROPO. NT,VQS > :' 'f •.: ' _ ��� R.)Kpp'r T 1nS19.)J' T- - EAI511NG NNTME S - SWTNY MANHOLES - EDSRNC ME XTDMNTS PROPOSED ME NYOfUW19 V ty�,�a ,. ,3.,1 .J \ - R N TIE WT4 I __ -_ 4 _ ___ ___________..� \_ -- Y12 -BOLL WRB NTN(E 11, 1t ) 0 ��y Ln2J.74' PROPOSED rFNCE - - -- DESCRIPTION I' ' ' . p fi• - . -Z _ LEGAL DE S C RIPTIO N -- - _-- Lot 50 of Village Green Part 50( as recorded h Book 49, at Page 26 II I F / )`• _ -- --tom. of the Johnson CWnty Recorder'a Office, Johnson C—ty. Iowo, aanlah k g 2.65 stns, and 1, eubj -t to .—.t. and r.attlauona of rec «d. 0 TREE REQUIREMENTS LOT BUILDING COVERAGE ROW TREES RED. PftOV. 30 22496 Sr O 1 350 . 41 1 1132 v O 1/60 . 19 41 43 PLANT MATERIALS LIST s i DISTM 4.70 --" c NOfiEIAL�P00L ETEV . t,A�'' i6D'.T1i'EtEV - 6n.t4 FA - NLLY 11 ORIC SOILS OPO OEVELOPNENT CMMACRA : LOT pD. (Lp6 AC) .ET T3S DEHLOPNENT O fIENATY STY - 11 W /2p3 ACf1E4 . T,pS W /AC HE DE4110PMFNT - 11 W/2p3 ACRES . 1p3 W /AC SEE GtAONp AND EB09A1 —OL PUN FQi PROPOSED METHODS M PREVENOW AND CMllla 0' — ..S.. J UINT BIAl . AREA - p,0)p Si 2 UNIT BL1lDN0 AREA 411 4,2)1 S U 0 0„ �'0 30`a Tait m OKih 0 bg0 � s �a 0 Q1 a E- E- 46 C) oQ z o az o � Z 0, z a s 1 I2 � d � N1 ~ e1PVA rn aerAw by PVA � D°'w 03/11 /11 0 d e— No: OO 00 ro xd`7' -50' Y Sn«t °' 1 0 1 Sh «u 3: Pr.l.ct Nw,b.n / 8281 -028 • -- • - F�S�� "1.'11 s i DISTM 4.70 --" c NOfiEIAL�P00L ETEV . t,A�'' i6D'.T1i'EtEV - 6n.t4 FA - NLLY 11 ORIC SOILS OPO OEVELOPNENT CMMACRA : LOT pD. (Lp6 AC) .ET T3S DEHLOPNENT O fIENATY STY - 11 W /2p3 ACf1E4 . T,pS W /AC HE DE4110PMFNT - 11 W/2p3 ACRES . 1p3 W /AC SEE GtAONp AND EB09A1 —OL PUN FQi PROPOSED METHODS M PREVENOW AND CMllla 0' — ..S.. J UINT BIAl . AREA - p,0)p Si 2 UNIT BL1lDN0 AREA 411 4,2)1 S U 0 0„ �'0 30`a Tait m OKih 0 bg0 � s �a 0 Q1 a E- E- 46 C) oQ z o az o � Z 0, z a s 1 I2 � d � N1 ~ e1PVA rn aerAw by PVA � D°'w 03/11 /11 0 d e— No: OO 00 ro xd`7' -50' Y Sn«t °' 1 0 1 Sh «u 3: Pr.l.ct Nw,b.n / 8281 -028 F 110 -30 tR K 10 ` h,"N �.. f 11�_ IN COOO [K oo �Ro°❑■°❑.o�°�■❑oa��rl�Co: III 0000�000 at ON f I I I1 oo�o.000 L' � � � � � 0000000 _;�' _,., =�c�oY ....... �:,_oo��ooao•.:� �;__;_ LIJ IIIIIIIIIIIIII� �IIIIIIIIIIIIIII � - ____ v � v MORE u III I I_ =' lull m�. � 111111 111111 � !�ui . uu = •_ � - - II I� ;., �• v � .� � IIIIIIIIIIL F 110 -30 tR K 10 ` h,"N 3| mulm iL Fll F11 Ll 3| 5.1 Prep red by: Tabatha Ries - Miller, Planning Intem, 410 E. Washington Street, Iowa City, IA 52Z� 4%,%152 r'` 13' 1J ORDINANCE NO. 1 T I T YC ;}.1 AN ORD ANCE APPROVING AN AMENDED PLANNED DEVELOPMENT OVERLAY }' (OPD -5) AN FOR VILLAGE GREEN PART XX, LOT 5 (WELLINGTON CONDOMINI MS), APPROXIMATELY 2.35 ACRES LOCATED AT LAGE ROAD AND WINTERGREE DRIVE OWNED BY STANLEY & DOUGLAS, L.L.0 (REZ11- 00007) WHEREAS, the Sta \Pn glas, L.L.C. is the legal title holder of illage Green Part XX, Lot 50; and WHEREAS, the OPDnd final plat for Village Green Part was approved in December 2001 by Ordinance No. 01 -3989, ts allowed to have two -car garage , and WHEREAS, the OPas amended in January 2001 b Ordinance No . 05 -4148 to allow three - car garages on 7 of the 1d dwelling units; and WHEREAS, the applicant, Sta ey & Douglas, L.L.C., has re uested an amendment to the OPD -5 Plan to allow three -car garages on 4 additi al dwelling units; and WHEREAS, the OPD -5 zoning is 1 tended to permit flexi i ity in the use and design of structures and land in situations where a conventional de elopment maybe ii ppropriate;and WHEREAS, the Planning and Zoning mmission has r viewed the proposed OPD -5 Plan Amendment and has recommended approval; EREFORE, BE IT ORDAINED Y THE ,CITY COUNCIL OF THE CITY OF IOWA CITY, NOW, TH IOWA: SECTION I APPROVAL. Planned Developmen ( as Units A, B & C, Building 11, and Units A & B, Build & C, Building 14, and Units A, B, & C, Building 16, W Drive and Lancester Place, according to the Declar d ill Records of Johnson County, Iowa together with s said regime, subject to easements and restriction of n said described units. erlay (OPD -5) Plan of the Property legally described g 12, and Units A, B, & C, Building 13, and Units A, B, I gton Condominiums II at Village Road, Wintergreen )n ecorded August 12, 2005 in Book 3925, Page 453, unit percentage interest in the common elements of recor is hereby amended to allow three -car garages 0 SECTION II. VARIATIONS. To allow the de elopment of 1 dwelling units on 7.0 acres clustered aroun a pond, the Village Green Part XX OPD -5 Plan aries from the R�-5 dimensional requirements. These variations include allowing multiple dwelling u its to be located on one lot; two to three dwelling units are attached in one structure; and some dwellin units are accessed fro a 22 -foot wide private street. SECTION III. ZONING MAP. The build' g official is hereby auth66zed and directed to change the zoning map of the City of Iowa City, Iowa, to conf rm to this amendment upon the final passage, approval and publication of the ordinance as approved y law. royal of the Ordinance, the SECTION IV. CERTIFICATION A RECORDING. Upon passage and app City Clerk is hereby authorized and dir cted to certify a copy of this ordinan a and record the same in the Office of the County Recorder, John n County, Iowa, at the City's expense the final passage, approval and publication of this ord' ance, as provided by law. SECTION V. REPEALER. All rdinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABIL If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, suc adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part the of not adjudged invalid or unconstitutional. SECTION VII. EFFE IVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provi ed by law. Ordinance No. Page 2 of 2 Passed and approved this day of 2011. ^V I Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 (REZ10- 00018) ORDINANCE NO. 11 -4425 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 2.17 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF TAFT AVENUE AND COURT STREET, FROM NEIGHBORHOOD COMMERCIAL(CN -1) TO PLANNED DEVELOPMENT OVERLAY -LOW DENSITY MULTI - FAMILY RESIDENTIAL(OPD- RM12). (REZ10- 00018) WHEREAS, the applicant, Arlington Development LLC, has requested a rezoning of property located at the southwest corner of Taft Avenue and Court Street, from Neighborhood Commercial (CN -1) to Planned Development Overlay -Low Density Multi - Family Residential (OPD- RM12); and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for a mixed use neighborhood town center that creates a urban frontage onto the public open space and promotes a mix of residential and commercial uses in the area surrounding the public open space; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for neighborhood compatibility and infrastructure improvements; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Neighborhood Commercial (CN -1) to Planned Development Overlay Low Density Multi- Family Residential (OPD /RM12): Beginning at the southeast corner of Lot 257, Windsor Ridge Part Fourteen, Iowa City, Johnson County, Iowa in accordance with the plat thereof recorded in Book 41, at Page 57 of the records of the Johnson County Recorder's Office; thence S89'41'1 2"W, along the south line of said Lot 257, a distance of 262.67 feet, to the southwest corner thereof; thence N00 °23'59 "W, along the west line of said Lot 257, a distance of 357.77 feet; thence N89 °02'11 "E, 262.68 feet to a point on the east line of said Lot 257; thence S00 °23'59 "E along said east line, 360.75 feet to the said point of beginning, said tract of land contains 2.17 acres and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication.of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Ordinance No. 11 -4425 Page 2 Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 3rd day of May 20 1 _. ATTEST:�r/ i CI CLERK Approved by�� City Attorney's Office 3 l w I j Ordinance No. 11 -4425 Page 3 It was moved by Bailey and seconded by Wr; ghr that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright First Consideration Vote for passage: AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. Second Consideration 4/19/2011 Vote for passage: AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None. Date published 5/11/2011 Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 (REZ10- 00018) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Arlington Development, Inc. (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 2.17 acres of property located at the southwest corner of Taft Avenue and Court Street; and WHEREAS, the Owner has requested the rezoning of said property from Neighborhood Commercial (CN -1) to Planned Development Overlay -Low Density Multi - Family (OPD -RM12) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding building design, infrastructure improvements, and maintenance agreements for visitor parking, that the requested zoning and the various requested modifications to the zoning is consistent with the Comprehensive Plan goals of compact, mixed use development and neighborhood compatibility, which are accepted types of planned developments; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for neighborhood compatibility and infrastructure improvements; and WHEREAS, the Owner 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. Arlington Development, Inc. is the legal title holder of the property legally described as: Beginning at the southeast corner of Lot 257, Windsor Ridge Part Fourteen, Iowa City, Johnson County, Iowa in accordance with the plat thereof recorded in Book 41, at Page 57 of the records of the Johnson County Recorder's Office; thence {01040416. DOC) S89 °41'12 "W, along the south line of said Lot 257, a distance of 262.67 feet, to the southwest corner thereof; thence N00 °23'59 "W, along the west line of said Lot 257, a distance of 357.77 feet; thence N89 °02'11 "E, 262.68 feet to a point on the east line of said Lot 257; thence S00 °23'59 "E along said east line, 360.75 feet to the said point of beginning, said tract of land contains 2.17 acres. Said property to be subdivided as Lot 2, Windsor Ridge- Part Twenty -Two. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) 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. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning code, as well as the following conditions: a. The buildings shall substantially comply with the attached building elevations. b. Prior to the issuance of a building permit for the property, Owner shall contribute 12.5% of the cost to improve the adjacent portion of Taft Avenue to arterial street standards in accordance with Iowa City code Section 15- 3- 2(K)(1)(c). Said contribution shall be in the amount of $25,089.50 ($69.50 x 361 lineal feet). c. Owner shall construct and maintain the adjacent visitor parking spaces located within the City Park. d. Owner shall replace any trees or landscaping removed due to the construction of said parking spaces with like -kind trees or landscaping. 4. Upon satisfaction of the conditions contained in paragraph 3 above, the City shall promptly issue to the Owner a good and sufficient release for the property or a partial release of constructed condominium units so that this Conditional Zoning Agreement will not constitute a cloud upon the property. 5. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 6. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 7. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable {01040416. DOC} local, state, and federal regulations. 9. 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. f� (\nNy IF Dated this 3 day of Ma�sh, 2011. CITY OF IOWA CITY BY: ZL4q--`- - Matthew J. Hayek, Mayor Attest: Aae Marian K. Karr, City Clerk Approved by: 4t C-� City Attorney's Office O /ter ARLINGTON DEVELOPMENT, INC. I BY: John WjMoreland, Jr., President and ecretary CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 3 rd day of M , A.D. 20__�/ _, before me, the undersigned, a notary public in and ibr the State of Iowa, personally appeared Matthew J. Hayek 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. �gia� SONDRAE FORT _ s f Commission Number 159791 My Commission Expires IoW 3 a5 {01040416. DOC} Notary Public in and for the State of Iowa My commission expires: -1171 a� CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this 2I St day of March, 2011, by John W. Moreland, Jr. as President and Secretary of Arlington Development, Inc. CAROLINE K DENS Notary Public in and , r the State of Iowa �'� C' mff1mown Num �4r5ft746 My commission expires: (01040416. DOC} aa.araap �� laa�aa�al la�a�aa�al �lala�ar_al I�a��a�a�al {�a�ari a rrrri " »r � r..:. :.'al �_ I�r crag ir._rr.rm.al: � � ',laer.�ea� sr_�. :. :.� al � � �_ ja'errr� Sr�a.rr.� ali � � � lar rra�,ar; -■.rs� al � � � larirais�r "aa.rr. a ��r• r_ a14: � � Ir. r_ ra ri.r.l� � � Ir.�ri ra ri tali: � � ;::_ lr•�r_;ra ri alai —_Ira ra�ra�r_ al' -!la ri ra r_ ML l �i I����mIIJill����I�I_ I a mbe-s� ONI 'siwriOSN00 SWN 9 VMOI AINOOO NOSNHor LO VMOI ONIL-ALN3AAL lHVd 39012! WSONLN'Z 101 Ned 311S I ,n4,U we1nU sulrl�ds �v1tNI1Xa➢AlL9 SLO31WONY 3dYO5UNY'I SHOA3AH(IS ONYI SN3NNV'Id ONYI SN33NI9113 MID 91 ww WY -�ln� / �A OMl- A.LNatl lNVd - 3DM NOSONIY '2 ldI c,ma u.Nr �,,, ,w•. o�„ao � v...w e., xec•„ ,.110 'i crtroli�1 .�,. ew•..�,. cx ,r > >t asa xa uaau�aeu�ae r aan o.zzs ua '.wr rxa yuoxr u� a een u sue xina: ue, m • m'i auxx xma m�i� au uewaomeao xwaunn xu w.avva�w siw �C.ffi�IC 6 '36dID��d -1�fa Fes., -i�N VmOI "UI0 VmOI - OMLL - ,kZNRM lUd - AOQIN 2IIOS0NIM `� 1013 R NdZd KIS Qd0 �,MVNIW113Id PRELIMINARY LANDSCAPE PLAN *.LOT 2, WINDSOR RIDGE - PART TWENTY-TWO _ IOWA CITY, IOWA STANDARD LEGEND "" "U", - FAA FAA CIVD, ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS mmo-mmll -MUM 0 RANT SKr- rwfs OPD SITE LALNDSCAPE PM LOT 2, WINDSOR IOWA CITY JOHN RID E FART TWENTY LOT 2, WINDSOR RIDGE IOWA Crry, OVA PART TWENTY-TWO JOWAS ON COUNTY 0 Prepared by: Lorin Ditzler, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 12.72 ACRES OF LAND LOCATED AT MORMON TREK BOULEVARD AND DANE ROAD FROM COUNTY AGRICULTURAL (A) TO INTENSIVE COMMERCIAL (CI -1). (REZ 11- 00004) WHEREAS, ILJ Investments, Inc. is the owner and legal titleholder of approximately 9.71 acres of land located at Mormon Trek Boulevard and Dane Road, Johnson County, Iowa; and WHEREAS, ILJ Investments, Inc. has requested annexation and rezoning of the approximate 9.71 acre tract into the City of Iowa City, Iowa; and WHEREAS, the City of Iowa City owns the adjacent 3.01 acre Right of Way of Mormon Trek Boulevard to the south and wishes to annex and rezone said right -of -way; and WHEREAS, the Comprehensive Plan indicates that the property is appropriate for intensive commercial development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) 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 adjacent property to the north is residential and should be shielded from commercial uses with increased buffering and lighting standards; and WHEREAS, Owner has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning designation of County Agricultural (A) to Intensive Commercial (CI -1): Outlot A, Meadowlark Hill Second Subdivision to Johnson County, Iowa, according to the recorded plat thereof, recorded in plat book 55 at page 132 in the records of the Johnson County Recorder's office, and all of the adjacent Right of Way of Mormon Trek Boulevard to the south of said Outlot A, containing 12.72 acres. SECTION II. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION III. ZONING MAP. The Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and associated conditional zoning agreement and record the same in the Office of the County Recorder, Johnson County, Iowa, at ILJ Investment, Inc.'s expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. Page 2 of 2 SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 12011. MAYOR Ap roved by p f City Attorney's Office ATTEST: CITY CLERK Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 4/5/2 Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Bailey. NAYS: Champion, Wright. ABSENT: None. Second Consideration 4/19/2011 Vote for passage:AYES:Wilburn, Bailey, Dickens, Hayek, Mims. NAYS: Wright, Champion. ABSENT: None. Date published Prepared by: Lorin Ditzler, PCD, 410 E: Washington, Iowa City, IA 52240 (319) 356 -5234 (REZ11- 00004) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and ILJ Investments, Inc. (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 9.71 acres of property located at the northeast corner of the intersection of Mormon Trek Boulevard and Dane Road; and WHEREAS, the Owner has requested the rezoning of said property from County Agricultural (A) to Intensive Commercial zone (CI -1); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding buffering and lighting, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and neighborhood compatibility; and WHEREAS, the Owner 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. ILJ Investments, Inc. is the legal title holder of approximately 9.71 acres of land located at Mormon Trek Boulevard and Dane Road, Johnson County, Iowa, formally described as: Outlot A, Meadowlark Hill Second Subdivision to Johnson County, Iowa, according to the recorded plat thereof, recorded in plat book 55 at page 132 in the records of the Johnson County recorder's office, containing 9.71 acres. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and South Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) 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. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadm /agUrevised cza rez11- 00004.doc a. A 20 foot wide landscape buffer, meeting a minimum of S3 screening standards, as set forth in the Iowa City Code of Ordinances, will be installed along the north property line. b. Outdoor lighting may not be mounted higher than 30 feet. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said 'conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment 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. The Owner acknowledge(s) 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 , 2011. CITY OF IOWA CITY ��L,4 � J"t�l Matthew Hayek, Mayor By= Attest: Marian K. Karr, City Clerk By: Approved by: //. , , � X4 o 4 , ity Attorney's Office 311-elll ppdadm /agUrevised cza rez11 -00004.doc 2 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 2011 by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on /7C�r� A 25 , 2011 by L. as �ri°S') Cje �-� of ILJ Investments, Inc. Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) ppdadm /agt/revised cza rez11 -00004.doc 3 's KLLLIE K. TUTTLE .� Commission Number 221819 iii NAY Commis:, n Expires Marian Karr From: Carol Mitchell < carolleemitchel1 .mitche117 @g mail. com> Sent: Wednesday, April 20, 2011 8:55 PM To: Council Subject: Dane Property Dear Council, L05-03-11 5e We are writing to ask the council to please reconsider the zoning proposal that would industrialize the land surrounding the Dane Property. This is a great opportunity to create an inviting green space. City landscape architects should create a design for the space in question and present it to the council. We have visited the Dane property on a number of occasions and finds its beauty rare. It will be a great loss to the city if the scenic views provided by this hilltop property are not preserved. Thank you. Rich Rowray and Carol Mitchell April 26, 2011 Dear Honorable Mayor and City Council Members: I am writing in support of George R. Dane's request to zone the adjacent property to the proposed Dane Parkas CC -1. I have been on the property on more than one occasion and it is quite obvious to me as well as others that the views from the top of the hill are as scenic as you will see anywhere in Johnson County. It would be a shame to have this blighted down the road with the uses allowed by CI -1. Thank you for your consideration to this matter. Sincerely, Michael E. i odge N Lh (—) Yet .. —{ t j • , w Marian Karr From: GRD715 @aol.com Sent: Wednesday, April 27, 2011 7:46 PM To: Council Cc: grd715 @aol.com Subject: Zoning for the ILJ Property City Council City of Iowa City 410 E Washington St Iowa City Iowa 55240 RE: Zoning for the ILJ Property Dear Mayor Hayek and City Council Members: I want to clarify some things I talked about on April 5th, what I planned to say on the 19th, and add information you might not have regarding the future park in southwest Iowa City on 16 acres I own. When there is no grandchild who desires to live there, the hill top will be donated to the Iowa Natural Heritage Foundation for the use and benefit of the Iowa City Parks and Recreation Commission; to be used only as a park and recreation area. I cannot tell you how soon. Those decisions have not yet been made. I want to make it clear that all the paper work for creating the park is in place and has been for some time. When the 16 acres becomes a park, our home, the out buildings, the orchard, flag pole etc, go with it. Initially, I will keep the income from the existing cell tower lease. Then that income will become an endowment for the Parks and Recreation Commission. As I understand the position of the majority on the Council, Having spent a lot of money building the 3 lane extension to Mormon Trek, they believe the City must maximize its return on the ILJ strip by adopting CI -1 zoning. I understand that. At the same time, the Dane Family has been requesting CO -1 zoning. This request is not for the benefit of our Family. Our tenure on the hill top will end. I don't know when, but it will end. Nor is this a "quid pro quo ". We give you our home, the outbuildings, an endowment of the cell tower income, and 16 acres of land; and in return you give us CO -1 zoning. This is not the case. I know some of you have voted twice for CI -1 zoning. I ask you to hear me out. We are trying to speak for future users of the park who we will be there until the glaciers or the floods come again. Whatever zoning is selected for the development of the ILJ property, won't ever be changed. It would be too expensive. The land on the North East side of Mormon Trek, where Pip Printing is located, is zoned CO -1. So was the land immediately west of our property and future park. It was also zoned CO -1 until Billion attempted to build a car dealership there and requested it be changed. There is a precedent then for continuing the CO -1 zoning around to the land on the south side of our property and future park. It was the developer of the ILJ property that requested annexation and CI -1 zoning. To our knowledge there is no one waiting to build there and probably won't be for awhile. According to the newspaper, the developer will be a guest of a federal prison for 6 months for income tax evasion. Every time zoning has been discussed, we have tried to make it clear, "We are not against development. We know it will occur and should ". Iowa City has a long history for being concerned about its appearance. It has spent a lot of money for parks and recreation. Many trees line our streets and money has been spent willingly to care for them. Downtown there are brick pavers instead of concrete or asphalt for a walking surface. Historic districts have been created. There are rules for where a garage can be built and how much the set back is from the street for a house. If CI -1 zoning is placed on the ILJ property and bushes (trees) planted as a buffer, they will never hide what is allowed there. Questions, "Who will trim, maintain and replace them ?." "Who will enforce that ?" Our concern has always been for the future users of the park. I ask again that you adopt CO -1 zoning for the ILJ property. Thank you, George R. Dane 1 Oaknoll Court Iowa City, Iowa 52246 319 - 466 -3113 Marian Karr From: GRD715 @aol.com Sent: Wednesday, April 27, 2011 8:18 PM To: Council Cc: grd715 @aol.com Subject: History and Creation o the Dane Family Park City Council City of Iowa City 410 E Washington Street Iowa City, Iowa 55240 RE: History and Creation of the Dane Family Park Dear Mayor Hayek and City Council Members I do not know how complete the Iowa Natural Heritage Foundation files are, but here is a brief summary from mine. In the late 1990's there was an article in the Cedar Rapids Gazette about people who lived on the bluffs across the Mississippi from McGregor. They wanted to protect the bluffs and the views from being purchased by individuals who would build "'trophy" homes for their exclusive use. I became concerned about what would happen to our hilltop when I was gone. I did some research and investigated some options. August 20, 2000, I met with Suzanne Summerwill, Trust officer at what was then Iowa State Bank, and outlined what I was going to do and why. August 21, 2000, a representative from the Iowa Natural Heritage Foundation came to the farm along with Terry Trueblood representing the City of Iowa City Parks & Recreation Commission. January 9, 2001, I wrote the INHF about preserving the land for the future. By February 24, 2001, I had a plan in draft form. A key provision was the INHF will be the title holder. In turn it will grant a conditional use permit to the Iowa City Parks & Recreation Commission for the site to be used only as a park and recreation area. August 2, 2001 in a letter to INHF, I speak of having been in communication with the City Council and no objection was raised about the Foundation being the title holder to insure the terms of our agreement were carried out. August 15, 2001. I was told of a report the ISU Foundation had sold a farm contrary to the wishes of the donor. This validated the INHF being the title holder. The INHF accepted my plan April 2, 2002. When it becomes the owner, it will immediately grant a conditional use permit to the Iowa City Parks & Recreation Commission. I also set aside money to help defray any expenses incurred in enforcing the conditional use. I sent the same correspondence to the Johnson County Heritage Trust and made a deposit of funds as a back up to INHF November 11, 2005. My brother John Dane and I appeared before the Parks & Recreation Commission. We explained the hill top will remain a family residence until no grandchildren of George and Marjorie Dane desire to live there. At that time the land and buildings will be gifted by deed to the Iowa Natural Heritage Foundation. The Foundation will grant a conditional use permit to the Iowa City Park and Recreation Commission for the site to be used only as a Park or Recreation Area. Since the gift will take place some years in the future, the information was shared so it may be kept in mind when land use and zoning matters are considered. On June 6, 2006 we also appeared before the City Council and gave the same information. It was in the published minutes of and meeting and triggered the two newspaper articles. George R. Dane 1 Oaknoll Court Iowa City, IA 52246 319 - 466 -3113 Marian Karr From: Jane Driscoll <jdriscoll @vjengineering.com> Sent: Thursday, April 28, 2011 8:12 AM To: Marian Karr Cc: Sondrae Fort Subject: RE: Items for Council Packet Attachments: Southwest Iowa City & Dane Farm photos 4- 28- 11.pdf Good morning, Here are some photos for the City Council packet. Please let me know if you have any questions or need something different. Thank you, Jane Driscoll - - - -- Original Message---- - From: Marian Karr [mailto:Marian- Karr @iowa - city.org] Sent: Wednesday, April 27, 20114:23 PM To:'Jane Driscoll' Cc: Sondrae Fort Subject: RE: Items for Council Packet We go to print at 9AM tomorrow morning. - - - -- Original Message---- - From: Jane Driscoll [ma ilto :jdriscoll @vjengi nee ring.com] Sent: Wednesday, April 27, 20114:06 PM To: Marian Karr Cc: Sondrae Fort Subject: Items for Council Packet Hello, By when do you need items for the Council Packet? End of business today or is it tomorrow (Thursday). Thank you, Jane L Driscoll, P.E. VJ Engineering 319 - 351 -2166 Views of Southwest Iowa City and Dane Farm Proposed Commercial Intensive Zone (CI -1) Looking Southwest 16 acre park Hwy 218 Northwest Int enSive .nft- , a/ North to Downtown CO-1 Zone I\AORI\AO M 4� ?"mO WRIM Looking Northeas Proposed Commercial Intensive Zone (CI-1 North to Downtown ndustrial vial Area Looking East 1 V T REK B Proposed Commercial Intensive Zone (CI -1) fA- MORn A 8. M01V REK BLVD' wmq Future-' Industrial/Commercial a� Area Auawmaid ri Looking Southeast OPT 7 AprA Hwy 1` .a: . . a VW� f± -,lAk. . - t V,.: 14 j& 4..j !T - I F- F- 73 �\ :av, 4 r, a !�'.l 9] U ^ 0.r � �� y ;'�� ���. y:'.1� rf r• �S i _ � � _ �.,� _ ., a �F°�'�� -d!a - n —��k . 4� z r WL Af e • ,9 5g � .y r V1 Nf": e_ •�. .i %rte . -"6 t' lei _IL �, F � °� ° =d•m 4 7`'.g1°�a " �y r°� � ,F 'may �,� _ .,�. �, _ v� � °A. -S' 3, -�a .��.,, .. '�7�� Y � .�a' -' L �'-, 4 ° �� ski �-�° s - - f 6 34A 4W Looking North toward Downtown UIHC Water The Tower Lodge Apts Proposed Commercial Intensive Zone (CI -1) With CI -1 zoning... Proposed Intensive Commercial CI -1 Zone Not 44-4 View wid 0 *00 ease Current view i ry r 12 CITY OF IOWA CITY Date: April 22, 2011 To: City Manage From: Doug Boothroo 'ng and Ins ection Services Tim Hennes, pec or Re: Proposed Amendment to the Weed Control Ordinance Issue The Weed Control Ordinance (i.e., Title 6 Public Health and Safety) establishes the tall grass nuisance standard at 14 inches, which citizens have complained allows grass to grow too tall before enforcement can occur. Discussion The 14" tall grass nuisance standard has been in effect since 1994. This standard is higher than Coralville (10 ") or North Liberty (8 "). The City is authorized to go on private property and abate tall grass 14" or taller after notice is provided to the property owner and seven days are given to correct the nuisance by mowing the grass. On average (last 5 years), the City receives 329 tall grass complaints from neighborhoods and approximately 21 percent had to be mowed by the City. Reducing the tall grass nuisance standard from 14" to 10" will improve nuisance enforcement. The 14" standard allows grasses to grow too tall, causing them to bend over and make the grass difficult to cut. This practice often leads to uncut clumps of tall grass and mounds of dead grass, resulting in further complaints from neighbors. In addition, the 10" standard will allow earlier enforcement of the tall grass nuisance standard, providing an improved response to neighborhood complaints. Tall grasses in residential neighborhoods are often the depository for trash, junk, and other debris. Keeping grass mowed improves the overall appearance and livability of our neighborhoods. The City has taken a proactive enforcement approach (not complaint driven) in certain neighborhoods where this has been an ongoing problem. Also, repeat offenders are allowed only three days to correct the nuisance and are charged a $75 reinspection fee per violation. Recommendation Staff recommends amending the tall grass nuisance standard establishing 10" as the height for tall grasses. This will require property owners to have tall grass mowed to a height of 10" or less. Hisadrnhnernosltallweedord.doc is Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 3, ENTITLED "WEED CONTROL," BY CHANGING THE DEFINITION OF WEED FROM GRASS THAT IS FOURTEEN (14) INCHES IN HEIGHT TO TEN (10) INCHES. WHEREAS, the definition of "weed" requires that the uncultivated growth be more than fourteen inches (14 ") before the City can enforce it as a nuisance; WHEREAS, citizens have complained that the height standard is too high: WHEREAS, weeds more than fourteen inches (14 ") in height are difficult to mow and often result in piles of dead grass that also lead to citizen complaints; WHEREAS, tall weeds are the depository for trash, junk and other debris; and WHEREAS, it is in the best interest of the City to decrease the standard to ten inches (10 "). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 6, entitled "Public Health and Safety," Chapter 3, entitled "Weed Control," Section 1, entitled "Definitions," is hereby amended by deleting the terms "unmowed or untended area" and "weeds" and substituting in lieu thereof the following new definitions: Unmowed or untended area: An area of land allowed to grow without care and supervision, where weeds and grasses are more than ten inches (10 ") in height. Weeds: Any plants growing uncultivated and out of context with the surrounding plant life with a height of ten inches (10 ") or more or when such plant has a seed head forming or formed. 2. Title 6, entitled "Public Health and Safety," Chapter 3, entitled "Weed Control," Section 2, entitled "Nuisances Declared; Violations," is hereby amended by deleting subsections B and E and substituting in lieu thereof the following new subsections: B. Developed And Undeveloped Lots; Weeds Removal; Grass Cutting: Each owner and each person in possession or control of any developed or undeveloped lot or land area shall be responsible to keep said lot or land area, along with the parking adjacent thereto, alleys, public ways or land areas up to the centerline of said ways free of any weeds and to keep grasses on said land mowed so that said grass is less than ten inches (10 ") in height. E. Watercourses: 1. Where waterways or watercourses are found upon any developed or undeveloped lot or land area, the owner or person in possession or control of the land shall keep the flat or level part of the bank of said waterway free of any weeds and grasses more than ten inches (10 ") in height. 2. Should such waterways or watercourses be found within the right of way of a street or alley, the owner or person in possession or control of the adjacent land shall be responsible to keep the flat or accessible portion of the creek bank free of any weeds and the grasses more than ten inches (10 ") in height. 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 , 2011. MAYOR ATTEST: CITY CLERK Ap ved -�C - - <� City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 5/3/2011 Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published L05 -03 -11 i10 Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 17, "BUILDING AND HOUSING ", CHAPTER 5, "HOUSING CODE ", SECTION 14, "INFORMATIONAL DISCLOSURE AND ACKNOWLEDGEMENT FORM" TO INCLUDE INFORMATION ABOUT IOWA LAW RE: SECURITY DEPOSITS. WHEREAS, Section 17 -5 -14 of the City's Housing Code requires that the landlord and tenant execute an informational disclosure and acknowledgement form that provides certain information regarding the premises and the responsibilities of the landlord and tenant; and ; WHEREAS, the University of Iowa Student Government (UISG) is concerned that students are not well informed about the provisions of the Iowa residential landlord tenant law (Iowa Code chapter 562A) regarding rental deposits, specifically the need to document the condition of the premises at the beginning and end of the tenancy and the requirement that the tenant provide a mailing address or delivery instructions for a return of the rental deposit to the landlord; and; WHEREAS, UISG wishes to utilize all means available to familiarize tenants with the rules governing rental deposits and has requested that certain information be added to the form already required by City Code; and WHEREAS, it is in the best interests of the citizens of Iowa City and consistent with the law of the State of Iowa to provide the requested information on the informational disclosure and acknowledgement form. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENT. 1. Title 17, entitled "Building and Housing, Chapter 5 entitled "Housing Code," Section 14 "Informational Disclosure and Acknowledgement Form" is hereby amended by adding a new subsection "L" as follows: L. Information concerning the Iowa law on rental deposits as follows: (1) the right of the landlord to withhold from the rental deposit such amounts as are reasonably necessary to restore the premises to the condition at the commencement of the tenancy, including the University off campus website or another website that provides a checklist for documenting the condition of the premises; and (2) the requirement that the tenant provide the landlord with the tenant's mailing address or delivery instructions for return of the rental deposit. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION lll. 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 2008. MAYOR ATTEST: CITY CLE Approved City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 5/3/2011 Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published M Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION E, TO AMEND THE FINE AMOUNT FOR VIOLATIONS, AND SUBSECTION D, TO AMEND THE WORDING OF THE NOTICE TO MATCH THE NEW FINE AMOUNTS, AND TO ELIMINATE THE POSTING OF NOTICE AS AN ELEMENT OF THE OFFENSE. WHEREAS, the City wishes to reduce the financial penalty for first -time offenders of this ordinance, while escalating sanctions for repeat offenders; WHEREAS, the notices posted in licensed establishments will need to be changed to correspond with the revised fine amounts; and WHEREAS, amendment of the ordinance from age nineteen to twenty -one last year has been the subject of ample public attention, leading to a saturation of notice throughout the community; and WHEREAS, some judges have interpreted the present ordinance as requiring proof on the part of the City that notice was posted at every entrance of the liquor license establishment in order for any underage patron inside to be convicted of this offense; and WHEREAS, the City wished to require establishments to post such notice, without making failure to do so a legal defense for underage patrons; and WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION E, is hereby amended by deleting paragraph 1 in its entirety and replaced with the following language: 1. A person under the legal age who violates the provisions of subsection C of this section is guilty of a simple misdemeanor punishable as follows: a. For a first offense, a fine of three hundred dollars ($300.00). b. For a second offense, a fine of five hundred dollars ($500.00). c. For a third or subsequent offense, a fine of six hundred twenty-five dollars ($625.00). TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION D, is hereby amended by deleting the bold text under the heading "Notice to Persons Under The Legal Age." and replacing it as follows: You are subject to a fine ranging from $300 to $625 for being on these premises between the hours of 10:00 p.m. and closing unless: TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION D, is further amended by adding the following language to the end of Subsection D: The posting of this notice shall not be considered an element of the offense delineated in subsection C of this section, and failure by a liquor license establishment to post said notice shall not be considered a legal defense to such charge for a patron. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective on July 1, 2011. Passed and approved this day of , 2011. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 5/3/2011 Vote for passage: AYES: Wilburn, Bailey, Champion, Dickens. NAYS: Mims, Wright, Hayek. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. 11 -4426 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," SECTION 5, ENTITLED, USE BY MOBILE VENDORS," TO DECREASE THE NUMBER OF VENDORS IN CITY PLAZA, TO ELIMINATE THE MINIMUM HOURS REQUIREMENT, AND TO ALLOW ANY TYPE OF FOOD OR BEVERAGE. WHEREAS, regulating the public right -of -way by commercial businesses ensures the safe movement of pedestrians and fair commercial use of the right -of -way; WHEREAS, section 10 -3 -5 presently provides that the City may issue eight permits for mobile vending in City Plaza and that the vendors operate a minimum number of hours; WHEREAS, one of the conditions for granting a mobile vendor permit is that the vendor not sell substantially the same food or beverage product as another vender; WHEREAS, decreasing the number of vendors will lessen the congestion in City Plaza; WHEREAS, decreasing the minimum hours of operation will allow vendors more flexibility in operating their businesses; WHEREAS, eliminating the variety of products requirement will allow vendors more flexibility and decrease staff time needed to administer this requirement; WHEREAS, it is in the City's interest to decrease the vendors in City Plaza, to eliminate the minimum hours requirement, and to allow any type of food or beverage. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph 2a in its entirety and by substituting in its place the following new paragraph: No more than six (6) permits shall be issued each calendar year. All permits shall be issued for city plaza except that up to two (2) permits may be issued for the 100, 200, and 300 blocks of Iowa Avenue. 2. Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph 2c in its entirety and by substituting in its place the following new paragraph: At a minimum, mobile vendors shall operate from May 1 to October 1. 3. Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraphs 3d, 3h, and 3i in their entirety. 4. Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection B, Paragraphs 10 and 2b in their entirety. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 3rd day of May , 2011. MAYOR Approved ATTEST: - {3 CITY CLERK City Attorney Ordinance No. 11 -4426 Page 2 It was moved by w; i burn and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright Mims that the Ordinance First Consideration 4/19/2011 Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration -------- - - - - -- Vote for passage: Date published 5/11/2011 Moved by Wilburn, seconded by Champion, that the rule requiring 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 be voted upon for final passage at this time. AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None.