HomeMy WebLinkAbout2011-05-17 OrdinancePrepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319-356-5243
(REZ 11-00001)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made among the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens
Revocable T st, Shirley A. Connor, Judith Gabriel, Robert W. Stevens and James E. Stevens
(hereinafter "O Hers"), and Rochester Ridge, L.L.C. (hereinafter "Applicant").
WHEREAS, Owners are the legal title holder of app ximately 23.22 acres of property
located at 2949 Roch ter Avenue, Iowa City, Iowa; and
WHEREAS, Ap icant has an equitable interest ~ said 23.22 acres by virtue of a
purchase agreement with wners; and
WHEREAS, the O ers and Applicant have re uested the rezoning of said property
from Low Density Single Fam' Residential (RS-5) zo to Planned Development Overlay-Low
Density Single Family Residenti (OPD-5) zone; and
WHEREAS, the Planning nd Zoning Comm sion found that the site has considerable
sensitive natural features, includin a regulated odland, jurisdictional wetlands, steep and
critical slopes, and a stream corridor; d
WHEREAS, the Planning and Wing C mmission found that the disturbance to the
sensitive naturaF features was warranted 'n or er to provide for essential public improvements,
such as stormwater management and r ets to foster neighborhood connectivity and a
reasonable level of infill development; and
WHEREAS, the Planning and Zonin C mmission has determined that, with appropriate
conditions regarding the need for a Wetl d Miti tion plan and a long term maintenance plan for
the combined wetland/stormwater Bete ion area, the requested zoning is consistent with the
Comprehensive Plan; and
WHEREAS, Iowa Code §41 .5 (2011) provi s that the City of Iowa City may impose
reasonable conditions on granting an applicant's re Wing request, over and above existing
regulations, in order to satisfy pub 'c needs caused by th requested change; and
WHEREAS, the Owner and Applicant ackno ledge that certain conditions and
restrictions are reasonable to nsure the development o the property is consistent with the
Comprehensive Plan and the ed for protection of sensitive atural features; and
WHEREAS, the Own sand Applicant agree to develo this property in accordance with
the terms and conditions of is Conditional Zoning Agreement.
NOW, THEREFORE, in onsideration of the mutual promises ntained herein, the parties
agree as follows:
1. Owners are c Ilectively the legal title holder of the property lega y described as:
BEGI ING AT THE SOUTHWEST CORNER OF OT 313 OF
OA ODDS ADDITION PART 6; THENCE S88°52'49"W, 53.92 FEET;
T NCE N00°20'58"W, 916.12 FEET; THENCE N75°00'31 "E, 7.33 FEET;
THENCE N70°42'29"E, 863.45; THENCE S00°33'02"E, 1218.3 FEET, TO
THE POINT OF BEGINNING, CONTAINING 23.22 ACRES, ORE OR
LESS, AND SUBJECT TO EASEMENTS AND RESTRICT ONS OF
RECORD.
2. The Owners and Applicant acknowledge that the City wishes to ensure conformance to
1
the principles of the Comprehensive Plan and the Northeast 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 and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning chapter, as well as compliance with a Wetland itigation Plan approved by the
U.S. Army Corps of Engineers and a long-ter maintenance plan for the
wetland/stormwater detention basin located on Outlot
4. The Owner, Applicant, and City acknowledge that t e conditions contained herein are
easonable conditions to impose on the land under owa Code §414.5 (2011), and that
~d conditions satisfy public needs that are caused by the requested zoning change.
5. The ner, Applicant and City acknowledge th t in the event the subject property is
transfer d, sold, redeveloped, or subdivided, II redevelopment will conform with the
terms of th' Conditional Zoning Agreement.
6. The parties ac owledge that this Conditio I Zoning Agreement shall be deemed to be
a covenant runni with the land and with itle to the land, and shall remain in full force
and effect as a cov ant with title to the and, unless or until released of record by the
City of Iowa City.
The parties further acknow dge that is agreement shall inure to the benefit of and bind
all successors, representativ ,and ssigns of the parties.
7. The Owner and Applicant ac owledge that nothing in this Conditional Zoning
Agreement shall be construed to re eve the Owner or Applicant from complying with all
other applicable local, state, an fede I regulations.
8. The parties agree that this onditiona Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the ubject property, and that upon adoption and
publication of the ordinanc ,this agreemen shall be recorded in the Johnson County
Recorder's Office at the A plicant's expense.
Dated this day of
CITY OF IOWA CITY
Matthew J. Hayek, Mayo
Attest:
Marian K. Karr, City Clerk
20
OWNE
Robert W. Stevens Revocable Trust
BY: Shirley A. Connor, Trustee
Dorothy L. Stevens Revocable Trust
BY: Shirley A. Connor, Trustee
Approved by:
2
City Attorney's Office ~~~~~
CITY OF IOWA CITY ACKN
STATE OF IOWA )
ss:
JOHNSON COUNTY )
EDGEMENT:
This instrument was acknowledged before m o
and Marian K. Karr as Mayor and City Clerk, r s
Shirley A. Connor
Judith Gabriel
Robert W.
James E. Stev ns
APPLICAN
Rochester idge, L.L.C.
BY:
2011 by Matthew Hayek
ly, of the City of Iowa City.
Notary P lic in and for the State of Iowa
(Stamp or S I)
Title (and Rank)
ROBERT W. STEVENS REVOCABLE TRUST ACKNOWLEDGCMENT
State of . .......
(County) of
On this day of 20 this instrument was acknowl dged before me by
a Trustee of the Robert W. Stevens Revocable Trust.
Notary Public in and for the State of
My commission expires:
3
DOROTHY L. STEVENS REVOCABLE TRUST ACKNOWLEDGEMENT
State of ........
(County) of ........
On this
Notary Public in an for the State of
My commission e Tres:
INDIVI AL ACKNOWLEDGEMENT:
STATE O OWA )
ss:
JOHNSON CO TY )
On this y of
Notary Public in and fo said County, in said State, p
to me known to be the ide
the within and foregoing in ument, and acknowled,~
(his/her/their) voluntary act an deed. /
20 ,before me, the undersigned, a
~nally appeared
~I persons named in and who executed
that (he/she/they) executed the same as
Public in and for the State of Iowa
commission expires:
INDIVIDUAL ACKNOWLEDGEMENT:
STATE OF IOWA )
ss: ~
JOHNSON COUNTY) ~
On this day of ' 0 ,before me, the undersigned, a
Notary Public in and for said County, in said State, person ly appeared
to me known to be the identical p song named in and who executed
the within and foregoing instrument, and acknowledged that /she/the executed the same as
phis/her/their) voluntary act and deed.
INDIVIDUAL ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
day of 20_, this instrument was acknowledged before me by
as Trustee of the Dorothy L. Stevens Revocable Trust.
Notary Public in and for
My commission expires:
State of Iowa
4
JOHNSON COUNTY )
On this day of , 20 ,before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared
to me known to be the identical person( named in and who executed
the within and foregoing instrument, and acknowledged that (he/she/they) executed the same as
(his/her/their) voluntary act and deed.
Notary Public in and for
My commission expi
INDIVIDUAL ACKNOWLEDGE NT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this day of
Notary Public in and for said County, in said tate, pe
to me known to be t e iden
the within and foregoing instrument, and ackno edg
(his/her/their) voluntary act and deed.
State of Iowa
before me, the undersigned, a
ally appeared
al person( named in and who executed
that (he/she/they) executed the same as
ry Publ~ in and for the State of Iowa
My commissiort~expires:
LIMITED LIABILITY COMPANY AC OWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this day of
Public in and f r the
did say that the p rson is
said limited liabi
act and deed of
A.D. 20 ,before me, the undersigned, a Notary
State of Iowa, personally appeared
to me personally known, wh being by me duly sworn,
(title) of
,and that said instrument was igned on behalf of the
I' y company by authority of its mans e s and the said
acknowledged the execution of said instrum to be the voluntary
limited liability company by it voluntarily executed.
Notary Public in and for the State
My commission expires:
Iowa
5
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Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA 52~0~19~3b6-52~
(REZ11-00001) ,~.~~ "~'-
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ORDINANCE NO. ~,:~ ~ c`~
~~:r ..
AN ORD ANCE CONDITIONALLY REZONING APPROXIMATLEY 23.22 AC ~ OF PROPERTY
eatu p p ,
management and streets to foster neighborh od
and
WHEREAS, the Planning and Zoning Commissi n
Plan provided it is developed according to a
Engineers and according to a long term mainten p
area; and
WHEREAS, Iowa Code §414.5 (2011) provi
conditions on granting an applicant's rezoning r qu
LOCATED T 2949 ROCHESTER AVENUE, FROM LOW DENSITY SINGLE FAM Y R IDENTIAL
(RS-5) ZON TO PLANNED DEVELOPMENT OVERLAY-LOW DENSITY SING FAMILY (OPD-5)
ZONE. (REZ11 0001)
WHEREAS, the appl ant, Rochester Ridge LLC, has requested a rezoning f properly located 2949
Rochester Avenue from L w Density Single Family Residential (RS-5) zone to Planned Development
Overlay-Low Density Single mily Residential (OPD-5) zone; and
WHEREAS, the owners, he Robert W. Stevens Revocable Trust d the Dorothy L. Stevens
Revocable Trust, Shirley A. C nor, Judith Gabriel, Robert W. Stevens nd James E. Stevens, have
entered into a purchase agreeme t for said 23.22 acres with the Applicant
WHEREAS, the Comprehensiv Plan indicates that the area is appro late for single family residential of
a similar pattern as the surrounding evelopments with a potential loca on of open space in the southeast
corner; and
WHEREAS, the Planning and Zoni Commission has reviewed a proposed zoning and found that the
site has considerable sensitive natural fe tures, including a regulate woodland, jurisdictional wetlands, steep
and critical slopes, and a stream corridor; d
WHEREAS, the Planning and Zoning ommission found t at the disturbance to the sensitive natural
f res was warranted in order to rove a for essential ublic im rovements such as stormwater
satisfy public needs caused by the requested c nge; nd
WHEREAS, the owner and applicant hav agreed at the property shall be developed in accordance
with the terms and conditions of the Conditi nal Zoning greement attached hereto to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDA ED BY THE CI COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject the Conditional Zonin Agreement attached hereto and incorporated
herein, property described below is reby reclassified from its c rrent zoning designation of RS-5 to OPD-5:
BEGINNING AT TH SOUTHWEST CORNER O LOT 313 OF OAKWOODS
ADDITION PART 6; TH CE S88°52'49"W, 953.92 FEET; THENCE N00°20'58"W, 916.12
FEET; THENCE N75° 0'31"E, 137.33 FEET; THENCE N 0°42'29"E, 863.45; THENCE
S00°33'02"E, 1218.3 EET, TO THE POINT OF BEGINNING, CONTAINING 23.22 ACRES,
MORE OR LESS, D SUBJECT TO EASEMENTS AND REST ICTIONS OF RECORD.
connectivi and a reasonable level of infill development;
has d ermined that it complies with the Comprehensive
tland itigation Plan approved by U.S. Army Corps of
c Ian for the combined wetland/stormwater detention
that the City of Iowa City may impose reasonable
t, over and above existing regulations, in order to
SECTION II. Z ING MAP. The building official is hereby authorizetl\and directed to change the zoning
map of the City Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of th~rdinance as approved by law.
Ordinance No.
Page 2
SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement among the Owner(s), Applicant and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordir~ces and parts of ordinances in conflict wit the provisions of this
Ordinance are hereby repealed. ~
SECTION VI. SEVERABILITY. If andsection, provision or part of the Ordinanc shall be adjudged to be
invalid or unconstitutional, such adjudicatit?n shall not affect the validity of the Ord' ante 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 aft its final passage, approval
and publication, as provided by law.
Passed and approved this day of 1 , 20
MAYOR ~
ATTEST:
CITY CLERK
Approved by ,1
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City Attorney's Office ~ ~ ~ °~
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Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319-356-5243
(REZ11-00001)
CONDITIONAL ZONING AGREEM
THIS AGREEMENT is made among the City of Iowa City, I wa, a municipal corporation
(hereinafter "City"), the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens
Revocable Trust, Shirley A. Connor, Judith Gabriel, Robert W. tevens and James E. Stevens
(hereinafter "Owners"~, and Rochester Ridge, L.L.C. (hereinafte "Applicant").
WHEREAS, O ers are the legal title holder of apprcbximately 23.22 acres of property
located at 2949 Rochest Avenue, Iowa City, Iowa; and //
WHEREAS, Appli nt has an equitable interest i~ said 23.22 acres by virtue of a
purchase agreement with O Hers; and
WHEREAS, the Own sand Applicant have req ested the rezoning of said property
from Low Density Single Famil Residential (RS-5) zone to Planned Development Overlay-Low
Density Single Family Residentia OPD-5) zone; and
WHEREAS, the Planning d Zoning Commis ion found that the site has considerable
sensitive natural features, includin a regulated wo dland, jurisdictional wetlands, steep and
critical slopes, and a stream corridor; d
WHEREAS, the Planning and oning Com fission found that the disturbance to the
sensitive natural features was warrante in order o provide for essential public improvements,
such as stormwater management and treet to foster neighborhood connectivity and a
reasonable level of infill development; and
WHEREAS, the Planning and Zoning mmission has determined that, with appropriate
conditions regarding the need for a Wetland igation plan and a long term maintenance plan for
the combined wetland/stormwater detentio ar ,the requested zoning is consistent with the
Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (011) pr ides that the City of Iowa City may impose
reasonable conditions on granting an pplicant's zoning request, over and above existing
regulations, in order to satisfy public n ds caused b the requested change; and
WHEREAS, the Owners a Applicant ac owledge that certain conditions and
restrictions are reasonable to ensu the developmen of the property is consistent with the
Comprehensive Plan and the need or protection of sensit a natural features; and
WHEREAS, the Owners a d Applicant agree to de lop this property in accordance with
the terms and conditions of this onditional Zoning Agreeme t.
N
O
NOW, THEREFORE, in con deration of the mutual promise contained~erein~he parties
agree as follows: -' y~ ~ -~
~~ ~
~ ~-..
1. Owners are collect ely the legal title holder of the property I~ally demos: ~--~
~.`
BEGINNING AT THE SOUTHWEST CORNER OFD:. L ~ ~1~ OF~
OAKWOODS ADDITION PART 6; THENCE S88°52'49"W 9 ~ ~2 ~ET;'~
THENCE N00°20'58"W, 916.12 FEET; THENCE N75°00'31"E, ~~7.33~ET;
THENCE N70°42'29"E, 863.45; THENCE S00°33'02"E, 1218.30 FELT, TO
THE POINT OF BEGINNING, CONTAINING 23.22 ACRES, MORE OR
LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
2. The Owners and Applicant acknowledge that the City wishes to ensure conformance to
1
the principles of the Comprehensive Plan and the Northeast 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 con 'deration of the City's rezoning the subject property, Owner and Applicant agree
that dev opment of the subject property will conform to all other requirements of the
zoning cha ter, as well as compliance with a Wetland itigation Plan approved by
the U.S. Ar y Corps of Engineers and along-ter maintenance plan for the
wetland/storm ater detention basin located on Out t A.
4. The Owner, Applic t, and City acknowledge that t e conditions contained herein are
reasonable condition to impose on the land unde Iowa Code §414.5 (2011), and that
said conditions satisfy blic needs that are cause by the requested zoning change.
5. The Owner, Applicant an City acknowledge at in the event the subject property is
transferred, sold, redevelo d, or subdivided all redevelopment will conform with the
terms of this Conditional Zoni Agreement.
6. The parties acknowledge that th Conditi al Zoning Agreement shall be deemed to be
a covenant running with the land nd wi title to the land, and shall remain in full force
and effect as a covenant with title t land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge th thi agreement shall inure to the benefit of and bind
all successors, representatives, an assi ns of the parties.
7. The Owner and Applicant a nowledge that nothing in this Conditior~ Zoning
Agreement shall be construed o relieve the caner or Applicant from rpplyi~ with
other applicable local, state, d federal regul tions. ~~ --c -••^-
~ ~ ~.~•'
8. The parties agree that th' Conditional Zonin Agreement shall be rporated
reference into the ordinan a rezoning the subjec roperty, and that up~~~dojon
publication of the ordina ce, this agreement shall be recorded in the ~i~so~Cou
Recorder's Office at the pplicant's expense. N
'"~ ~,
Dated this day of
CITY OF IOWA CITY
Matthew J. Hayek,
Attest:
Marian K. Karr, City Clerk
20
OWNER:
Robert W. Stevens Revocable Trust
BY: Shirley A. Connor, Trustee
Dorothy L. Stevens Revocable Trust
BY: Shirley A. Connor, Trustee
Approved by:
2
City Attorney's Office
CITY OF IOWA CITY ACKNOWLE
STATE OF IOWA )
ss:
JOHNSON COUNTY )
ENT:
This instrument was acknowledged before me
and Marian K. Karr as Mayor and City Clerk,
Shirley A. Connor
Judith Gabriel
Robert W. Stevens
James E. Stevens
APPLICANT
Rochester Ridge,. .L.C.
BY:
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~ 2011 f1Vlatt~w Hayek
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tiVely, of the City of Iowa City. CJti
(dotary Pu lic in and for the State of Iowa
(Stamp or S al)
Title (and Ran )
ROBERT W. STEVENS REVOCABLE TRUST ACKNOWLELQGEMENT
State of ._
(County) of
On this
day of 20_, this instrument was acP~nowledged before me by
as Trustee of the Robert W. Stevens Revo ble Trust.
Notary Public in and for the Ste of
My commission expires: \
3
DOROTHY L. STEVENS REVOCABLE TRUST ACKNOWLEDGEMENT
State of ........
(County) of ........
On this
Notary Public in and for the State of
My commission expires:
INDIVIDUAL ACKNOWLE GEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this day of
Notary Public in and for said County, 'i
to me kno
the within and foregoing instrument, a
(his/her/their) voluntary act and deed.
20 be
said State, personally appea
to be the identical person s
~ acknowledged that he/s e
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f re me, th~iandet'~#gnec>'~d
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named in and who'`executed
'thevl executed the same as
and for the State of Iowa
My ~ommis~on expires:
INDIVIDUAL ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this day of
Notary Public in and for said County, in
to me known
the within and foregoing instrument, an
(his/her/their) voluntary act and deed.
aigt' State, persona}
be the identical pEthe identical pE
acknowledged that
_, before me, the undersigned, a
appeared
song named in and who executed
he/she/thevl executed the same as
Notary Public in and
INDIVIDUAL ACKNOWLEDGEMENT:
STATE OF IOWA ` )
ss:
day of 20 this instrument was acknowledged before me by
as Trustee of the Dorothy L. Stevens Revocable Trust.
My commission
the State of Iowa
4
JOHNSON COUNTY )
On this day of , 20 ,before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared
to me known to be the identical persons named in and who executed
the within and foregoing instrument, and acknowledged that (he/she/then) executed the same as
(his/her/their) voluntary act and deed. ~
Notary Public in and fo~the State of Iowa
My commission expir s: o
INDIVIDUAL ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUN~1( )
EMENT:
On this da of , 2 ,before me, tl unde~igne , a
Notary Public in and fors 'd County, in said State, perso ally appeared '"
t e known to be the identi I persons named in and who executed
the within and foregoing instr ent, and acknowledge that (he/she/they) executed the same as
(his/her/their) voluntary act and ed.
Notarv Public in and for the State of Iowa
y commission expires:
LIMITED LIABILITY COMPANY AC
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this day of
Public in and for
did say that the person
said limited liability
act and deed of said lim
A. D. 20
the State
to me perso
s
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before me, the undersigned, a Notary
Iowa, personally appeared
ly known, who being by me duly sworn,
(title) of
and that said 'nstrument was signed on behalf of the
pany by authority of its managers and the said
acknowledged the execution o said instrument to be the voluntary
liability company by it voluntarily ecuted.
Notary Public in and)for the State of Iowa
My commission expires:
5
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`iJ"'..-{ --C ens.
Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA~~40; 31356- 243
(REZ11-00001) ~~
ORDINANCE NO. ~=
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 23.22 ACRES c~sPROPERTY
LOCATED AT 2949 ROCHESTER AVENUE, FROM LOW DENSITY INGLE FAMILY RESIDENTIAL
(RS-5) ZONE TO PLANNED DEVELOPMENT OVERLAY-LOW DE ITY SINGLE FAMILY (OPD-5)
ZONE. (REZ11-00001) `,~ ,
WHEREAS, the applicant, R hester Ridge LLC, has requested a rezoning of property located 2949
Rochester Avenue from Low Den .ty Single Family Residential S-5) zone to Planned Development
Overlay-Low Density Single Family Re idential (OPD-5) zone; and
WHEREAS, the Comprehensive PI indicates that the area i appropriate for single family residential of
a similar pattern as the surrounding deve pments with a poten ~ I location of open space in the south east
corner; and
WHEREAS, the Planning and Zoning ommission h the reviewed the proposed rezoning and
determined that it complies with the Compreh nsive Plan ovided that it meets conditions addressing the
need for U.S. Army Corps of Engineers approv I of the etland Mitigation plan and the development of a
long term maintenance plan for the combined wetl nd/stc
WHEREAS, Iowa Code §414.5 (2005) provi s t
conditions on granting an applicant's rezoning req t
satisfy public needs caused by the requested Chang i
WHEREAS, the owner and applicant have agr ed
with the terms and conditions of the Conditional Wing
development in this area of the city.
water detention area; and
~t the City of Iowa City may impose reasonable
over and above existing regulations, in order to
d
iat the property shall be developed in accordance
agreement attached hereto to ensure appropriate
NOW, THEREFORE, BE IT ORDAINED THE Cll`Y
IOWA:
SECTION I APPROVAL. Subject to the nditional Zoning
herein, property described below is hereby r classified from its i
COUNCIL OF THE CITY OF IOWA CITY,
Went attached hereto and incorporated
zoning designation of RS-5 to OPD-5:
BEGINNING AT THE SOUT WEST CORNER OF LOT 313 OF OAKWOODS
ADDITION PART 6; THENCE S8 °52'49"W, 953.92 FEET; T ENCE N00°20'58"W, 916.12
FEET; THENCE N75°00'31"E, 37.33 FEET; THENCE N70 42'29"E, 863.45; THENCE
S00°33'02"E, 1218.30 FEET, T THE POINT OF BEGINNING, C NTAINING 23.22 ACRES,
MORE OR LESS, AND SUBJ CT TO EASEMENTS AND RESTRI TIONS OF RECORD.
SECTION II. ZONING MA .The building official is hereby authorized a d directed to change the zoning
map of the City of Iowa Cit ,Iowa, to conform to this amendment upon t e 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
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
Ordinance No.
Page 2
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of , 20
MAYOR
ATTEST
Approvec
City Attoi
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Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319-356-5243
(REZ11-00001)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 23.22 ACRES OF PROPERTY
LOCATED AT 2949 ROCHESTER AVENUE, FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL
(RS-5) ZONE TO PLANNED DEVELOPMENT OVERLAY-LOW DENSITY SINGLE FAMILY (OPD-5)
ZONE. (REZ11-00001)
WHEREAS, the applicant, Rochester Ridge LLC, has requested a rezoning of property located 2949
Rochester Avenue from Low Density Single Family Residential (RS-5) zone to Planned Development
Overlay-Low Density Single Family Residential (OPD-5) zone; and
WHEREAS, the owners, the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens
Revocable Trust, Shirley A. Connor, Judith Gabriel, Robert W. Stevens and James E. Stevens, have
entered into a purchase agreement for said 23.22 acres with the Applicant
WHEREAS, the Comprehensive Plan indicates that the area is appropriate for single family residential of
a similar pattern as the surrounding developments with a potential location of open space in the southeast
corner; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning and found that the
site has considerable sensitive natural features, including a regulated woodland, jurisdictional wetlands, steep
and critical slopes, and a stream corridor; and
WHEREAS, the Planning and Zoning Commission found that the disturbance to the sensitive natural
features was warranted in order to provide for essential public improvements, such as stormwater
management and streets to foster neighborhood connectivity and a reasonable level of infill development;
and
WHEREAS, the Planning and Zoning Commission has determined that it complies with the Comprehensive
Plan provided it is developed according to a Wetland Mitigation Plan approved by U.S. Army Corps of
Engineers and according to a long term maintenance plan for the combined wetland/stormwater detention
area; 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 have 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 RS-5 to OPD-5:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 313 OF OAKWOODS
ADDITION PART 6; THENCE S88°52'49"W, 953.92 FEET; THENCE N00°20'58"W, 916.12
FEET; THENCE N75°00'31"E, 137.33 FEET; THENCE N70°42'29"E, 863.45; THENCE
S00°33'02"E, 1218.30 FEET, TO THE POINT OF BEGINNING, CONTAINING 23.22 ACRES,
MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
Ordinance No.
Page 2
SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement among the Owner(s), Applicant and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of , 20
MAYOR
ATTEST:
CITY CLERK
Approved by
ri
c~ u J E,.:, .,~~,~ ~~/C{~~ .,
City Attorney's Office ~ J~~ ~~
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 S/ i Z/ ~ o i i
Vote forpaSSage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey.
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319-356-5243
(REZ11-00001)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made among the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens
Revocable Trust, Shirley A. Connor, Judith Gabriel, Robert W. Stevens and James E. Stevens
(hereinafter "Owners"), and Rochester Ridge, L.L.C. (hereinafter "Applicant").
WHEREAS, Owners are the legal title holder of approximately 23.22 acres of property
located at 2949 Rochester Avenue, Iowa City, Iowa; and
WHEREAS, Applicant has an equitable interest in said 23.22 acres by virtue of a
purchase agreement with Owners; and
WHEREAS, the Owners and Applicant have requested the rezoning of said property
from Low Density Single Family Residential (RS-5) zone to Planned Development Overlay-Low
Density Single Family Residential (OPD-5) zone; and
WHEREAS, the Planning and Zoning Commission found that the site has considerable
sensitive natural features, including a regulated woodland, jurisdictional wetlands, steep and
critical slopes, and a stream corridor; and
WHEREAS, the Planning and Zoning Commission found that the disturbance to the
sensitive natural features was warranted in order to provide for essential public improvements,
such as stormwater management and streets to foster neighborhood connectivity and a
reasonable level of infill development; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the need for a Wetland Mitigation plan and a long term maintenance plan for
the combined wetland/stormwater detention area, 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 Owners and Applicant acknowledge that certain conditions and
restrictions are reasonable to ensure the development of the property is consistent with the
Comprehensive Plan and the need for protection of sensitive natural features; and
WHEREAS, the Owners and Applicant agree to develop this property in accordance with
the terms and conditions of this Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Owners are collectively the legal title holder of the property legally described as:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 313 OF
OAKWOODS ADDITION PART 6; THENCE S88°52'49"W, 953.92 FEET;
THENCE N00°20'58"W, 916.12 FEET; THENCE N75°00'31 "E, 137.33 FEET;
THENCE N70°42'29"E, 863.45; THENCE S00°33'02"E, 1218.30 FEET, TO
THE POINT OF BEGINNING, CONTAINING 23.22 ACRES, MORE OR
LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
2. The Owners and Applicant acknowledge that the City wishes to ensure conformance to
the principles of the Comprehensive Plan and the Northeast 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 and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning chapter, as well as compliance with a Wetland Mitigation Plan approved by the
U.S. Army Corps of Engineers and a long-term maintenance plan for the
wetland/stormwater detention basin located on Outlot A.
4. The Owner, 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, 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:
Matthew J. Hayek, Mayor
Attest:
Robert W. Stevens Revocable Trust
D
2
BY: Shirley onnor, Trustee
Marian K. Karr, City Clerk
Approved by:
Dorothy L. Stevens Revocable Trust
BY: Shirley A. onnor, Trustee
2
~LL4 a D'rn~ ~1e-fs~aP ~,.
City Attorney's Office s ~~~~~
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on
2011 by Matthew 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)
ROBERT W. STEVENS REVOCABLE TRUST ACKNOWLEDGEMENT
State of . 1ocv~ .......
(County) of ~lvhn`s~ %~
On this /~-~ day of /~~a_~ 20//, this instrument was acknowledged before me by
~ ~,~ ~/~u /-~-. (c~nr~oY as T~Gstee of the Robert W. Stevens Revocable Trust.
/~e-C ~r ~ ~ . /u ~i
Notary Public in and for the State of ~..,~u~<-~
My commission expires: _.__,_ __
a .'~'~±~s w~ELLIE K. TUTTLE
i> ;:~~ ~ Coma„fission Number 221819
" ~ !v~y C miss n Expires
i__!oiv?'°' _ _ ~
Shirley A. Co or
~ ~~~~~~~
Judith Ga riel
C ~ ~.
Robert W. Stevens
ames E. Stevens
APPLICANT
Rochester Ridge, L.L.C.
~-
e:
3
DOROTHY L. STEVENS REVOCABLE TRUST ACKNOWLEDGEMENT
State of ...:-<.o_~~--
(County) of ..>:.l.U/~~~~~~
On this /~"~l day of /rte, 20~ ~ , this instrument was acknowledged before me by
`j • ~ as rustee of the Dorothy L. Stevens Revocable Trust.
Notary Public in and for the State of ~-ou~ c~
My commission expires:
~pRrA(s KELLfE K. TUTTLE
z y Comn•,issior~ Number 221819
INDIVIDUAL ACKNOWLEDGEMENT: ~..~ ' ~~ ~ ,il`~~ res
l;',4k
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this ~~~ day of ~C-a- .~ , 20 ~ ~ , before me, the undersigned, a
Nota Public in and for said County, i aid State, personally appeared ~h~~le - ~
~' ~~,-~ ~~ n ~" , to me known to be the identical persons named in and o executed
the within and foregoing instrument, and acknowledged that he/ the executed the same as
his/ r their voluntary act and deed.
INDIVIDUAL ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
_--~ 1--~
~ (; ~ /~ `u
Notary Public in and for the State of Iowa
My commission expires:
~ i•.~LLIE K. TUTTLE
~~ I'"`orer^ sion Number 221819
;~ „om issi E fires
On this ~~-~-h day of /~~ Z , 20 ~ / ,before me, the undersigned, a
No ry Public in and for said County, in d State, personally appeared ~u..~/~`~ L.
~~ r i~ ( , to me known to be the identical persons named in and who executed
the within and foregoing instrument, and acknowledged that he/ e the executed the same as
his/ ~ their voluntary act and deed.
Notary Public in and for the State of Iowa
INDIVIDUAL ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
My commission expires
4
Apara(s KELLIE K. TUTTLE
z v~Commission Number 221819
rJ~y Commr,s;or Expires
=- ~C1WA ~_._.,.__..~-T~.~.
~w~
JOHNSON COUNTY )
On this ~ ~f~~ day of ~ 20 J ~ before m the undersi ned, a
Notary Public in and for said County, ins id State, personally appeared ~~~~}P/'f
~ t/-e r7 S _, to me known to be the identical persons named in and who executed
the within and foregoing instrument, and acknowledged that e she/the executed the same as
Is/ er/their voluntary act and deed.
INDIVIDUAL ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
Gf,-e ,~ ~u ~~2
Notary Public in and for the State of Iowa
My commission expires
~~,*~C - r~ ~r~Aumber221819
~~t 'r+,~. ~c pis ~~°n xpir°s
On this / ~- day of ~~~ ~ 20~, before rte, t e undersigned, a
Not ~ublic in and for said County, ' said State, personally appeared -r,~` W -
P cwGz~~ , to me known to be the identical pers n~ named in and who executed
the within and foregoing instrument, and acknowledged that he she/the executed the same as
(his/her/their) voluntary act and deed.
aPRtA~ s~ TIMOTHY C. BERNEMANN / ~~~~~ ~ ~ ~~
o y Commission Number 747091
My Commission Expires Notary Public in an for the State of Iowa
i~Wp August 23, 2012.
My commission expires:
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this /~ day of ~ ~ , A.D. 20 ~ ~ ,before me, the undersigned, a Notary
Public. in and fofj the State of Iowa, personally appeared
`(~~i~C ~~. ~ %/-e.~ _, to me personally known, who being by me duly sworn,
did say that the _ erson is ~-- ~ coin ,he ~ (title) of
~c~c±.Li~esf~'l' /~<cz~- ~L-~ ,and that said instrument was signed on behalf of the
said limited liability ompany by authority of its managers and the said
~'~e.~x- ~~ acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company by it voluntarily executed.
/ / ___--~
Notary Public in and for the State of Iowa
aiAt 6CF_LL1E K. TUTTLE
My commission expires
° s~ , ~ ,~,~~ ~rumhE P2eS19
~
1 roy y~ i
16:..g,~.... .._
5
5b
;~_ -
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 14-2F-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 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 bylaw.
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 , 2011.
MAYOR
Approved by
City Attorney's Office ~/ z/~/~
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 5 / 17 / 2011
Vote for passage: AYES: Dickens, Hayek, Mims, Wright, Bailey, Champion. NAYS:None.
ABSENT: None. ABSTAIN: Wilburn.
Second Consideration _
Vote for passage:
Date published
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 Community
School District (hereinafter "Applicant").
WHEREAS, Owner is the legal title hoider of approxima#ely 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) #o 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 en#rance to the ci#y, the requested zoning is consistent with the Comprehensive Plan;
and
WHEREAS, Iowa Code . §414.5 (2011 } .provides, that the City of lawa 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
Pion and Sensitive Areas Ordinance, and the need for neighborhood compatibility, protection of
natural slopes, and the enhancemen# of the Dodge Street Corridor as an en#ryway 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 #itle 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/agtlrezl7-0OOOG conditional zoning agreement.doc 1
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 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 wil! 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 Conditiona! 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, represen#atives, and assigns of the parties.
7. The Owner and Applican# 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 shad 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 s, LLC
ppdadmfagUrezl7-06006 conditional zoning agreement.doc 2
Matthew J. Hayek, Mayor By:
Attest:
Marian K. Karr, Ci#y Clerk
Approved by:
r ~E~ K.~~~
City Attorney's Office ~ ,~ i I
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 T day of r , 20__)__x, before me, the undersigned, a Notary Public
in and for the State of Iowa, pe sonally appeared _~~~_~ • ; ,~, i„~ , to me
personally known, who being by me duly sworn, did say that the person is ~
r`~'1 ~ ~-~ c° •,- (title} of Norm uoage t~artners, LLL, ana tnat saia instrument
was signed on bet alf of the said limited liability company by authority of its managers and the said i
limited liability company acknowledged the execution of said ii~~strument to be the voluntary act
and deed of said limited liability company by it volun#arily executed. ,
ppdadmlagUrezi 1-00006 conditional zoning agreement.doc 3
p~N11E Iro1~A `-
fY011iW 8W .IOWA
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Iowa City Community School Distriict:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
/`~
Notary ublic in and for said County and State
(Stamp or Seal)
Title (and Rank)
On this ~ b day of IV ` 20 ' ~ b ore me, the un ersigned, a Notary Public
in and for the State of Iowa, p rsonally appeared ~Q,h 1 ~'/~,~~~5 , to me
~e~rsonaily own, ho being by me duly sworn, did say that the person is
~rLt~ 1~. ~re5 I ~~/~ (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.
KIIUi J: CDi.VIN
MC~ ~ 3t
Notary Publi and for said County and State
(Stamp or Seal}
Title (and Rank}
ppdadmlagUrezt 1-00006 conditional zoning agreement.dac 4
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Prepared by: Tabatha Miller, Planning Intern, PCD, 410 E. Washington, Iowa City, IA (~~6-5251 (REZ11-
Oooos> ~~
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
Schopl District (hereinafter "Applicant").
WF~EREAS, Owner is the legal title holder of approximately 109 acres of property
located at `1.725 N. Dodge Street; and
WHEREAS, the Owner and Applicant have requested the re Wing of said property from
Research Development Park (RDP) to Neighborhood Public Zon P-1 ); and
WHEREAS, the „Comprehensive Plan identifies Dodg Street as a main entranceway
corridor into Iowa City and proposes that development in fthe area maintain and enhance the
area's appearance. ,~
,~
WHEREAS, the Comprehensive Plan identifieslr the need for preserving the area's
environmentally sensitive features and natural beautyf=The Plan recommends that development
occur with consideration of ecological features, stash 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 ,applicanf'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.
i
1
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. North Dodge Partners, L,LC 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 3~1.1;`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/rezll-00006 conditional zoning agreement.doc
~'
Cod 4. 11) provides that the City of Iowa City may impose reasonable
~~dn is " 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 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~I LANDSCAPING BY
BLDG. CONTRACTOR" on page C8 of the Site Development Ian for the Iowa City
Press-Citizen Office and Production Facility, Iowa City 19 ,attached hereto as
Exhibit A and incorporated. herein by this reference.
b. Any future developm~`t will be reviewed for general compl' nce with the Landscape
Plan shown on Exhibit A.
c. Any future site plan w~l be sensitive to the site's steep, cfitical, and protected slopes,
with protected slopes `preserved and buffered as req>~ired by the Sensitive Areas
Ordinance.
4. The Owner and Applicant, and City acknowledge thaf the conditions contained herein
are reasonable conditions toimpose 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 Cf#y acknowledge that in the event the subject property is
transferred, sold, redeveloped, o~ subdivided, all redevelopment will conform with the
terms of this Conditional Zoning Ag'~eement.
6. The parties acknowledge that this Colgditional Zoning Agreement shall be deemed to be
a covenant running with the land and vbjth title to the land, and shall remain in full force
and effect as a covenant with title to the'`Jand, unless or until released of record by the
City of Iowa City. ~~~
The parties further acknowledge that this agreel~ient shall inure to the benefit of and bind
all successors, representatives,. and assigns of th parties.
7. The Owner and Applicant acknowledge that no ing in this Conditional Zoning
Agreement shall be construed to relieve the Owner or plicant from complying with all
other applicable local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreemen shall be incorporated by
reference into the ordinance rezoning the subject property, an that upon adoption and
publication of the ordinance, this agreement shall be recorded ,~ the Johnson County
Recorder's Office at the Applicant's expense. `~
Dated this day of
CITY OF IOWA CITY
20
Owner:
North Dodge Partners, LLC
ppdadm/agUrezl 1-00006 conditional zoning agreemenLdoc 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
STATE OF IOWA
JOHNSON COUNTY
.'
ACKNOWLEDGEMENT
~'
~`,
ss:
On this day of 20 before me, the
undersigned, a notary public in and for the State of'lowa, 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 acid deed of said corporation, by it and by
them voluntarily executed.
Notary Public%n 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, aNotary 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, LLG, and that said instrument
was signed on behalf of .the said limited liability company by authority of its managers and the said
limited liability compan~i acknowledged the execution of said instrument to be the voluntary act
and deed of said IimitedJi~bility company by it voluntarily executed.
ppdadm/agUrezll-00006 conditional zoning agreement.doc 3
Iowa City Community School District:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
Notary Public in and for said Countyland State
(Stamp c~r-Seal)
,,~ fr
Titl (and Rank)
f'
/'
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.
F?ublic in and for said County and State
(Stamp\,or Seal)
Title (and\Rank)
ppdadm/agt/rez11-00006 conditional zoning agreemenl.doc 4
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Prepared by: Tabatha Ries-Miller, Planning Intem, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO. 1 1-447
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 bylaw.
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 bylaw.
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 17thday of May , 2011.
./~~o~ ~t
MAYOR -
ATTEST: ~ - ~~ ~U~
CITY LERK
Approved by
City Attorney's Office t~/ a7 ~~
Ordinance No. i i -44~~
Page 2
It was moved by Wilburn and seconded by Wright 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
~_ Wright
First Consideration 5/3/2011
VotefOrpaSSage: AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn.
NAYS: None. ABSENT: None.
Second Consideration ----------°--------
Vote for passage:
Date published 5/25/2011
Kved 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: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens.
NAYS: None. ABSENT: None.
5c
5-4-11
Letter Regarding Expedition to have a Second and Third Reading on May 17, 2011
Stanley & Douglas, LLC
This letter is to ask for expedition in the May 17th, 2011 City Council meeting regarding an amended
planned development overlay (OPD-5) plan for Village Green Part XX, Lot 50 (Wellington Condominiums)
in Iowa City, IA to allow for the condominiums to have 3 car garages. On April 7th, 2011 the Planning
and Zoning Commission recommended approval of this rezoning 6-0. On May 3, 2011 this went to City
Council for the first reading. We are asking that this be read for the second and third time at the May
17th, 2011 City Council meeting so that we are able to continue with our planned development. At this
time we have clients with purchase agreements in on 3 out of the 5 units to be built and we would like
to start construction as soon as possible so that we can have their homes finished as soon as possible.
We thank you very much for your consideration in this request.
Sincerely,
Stanley & Douglas, LLC
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Prepared by: Lorin Ditzler, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5234
ORDINANCE NO. 11-41+28
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 bylaw.
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
bylaw.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Ordinance No. 1
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 17thday of ~y , 2011.
~n rxl ..
MAYOR
ATTEST: ~/ /t •C ~~ mil !/
CITY C RK
Ap roved by
• ~ ~ ~~_ ~~ >'.i~r l c:c~z ;_ ~~ ~.~ fit ,
City Attorney's Office .-,
Ordinance No. 11-4428
Page 3
It was moved by Mims and seconded by Bailey 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 4/5/2
VOteforpaSSage:AYES: Dickens, Hayek, Mims, Wilburn, Bailey. NAYS: Champion,
Wright. ABSENT: None.
Second Consideration 4/19/2011
Vote forpaSSage:AYES:Wilburn, Bailey, Dickens, Hayek, Mims. NAYS: Wright, Champion.
ABSENT: None.
Date published 5/25/2011
~ ~~
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May 13, 2011 ~ ~ ~-r ~,
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Ms. Marian Karr `~
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Iowa Ciry Ciry Clerk ~ `
c.~
410 East Washington Street N
Iowa City, IA 52240-1826 ~7
RE: UA11-08, Iowa City Voluntary Annexation
Dear Ms. Karr:
Pursuant to Sections 368.7 and 368.20 Iowa Code, the Ciry Development Board is required to file
with the Clerk of each city involved in a boundary adjustment, copies of the proceedings.
Please note that Iowa Code Section 476.26 provides: "The inclusion by incorporation, consolidation,
or annexation of any facilities or service area of an electric utility within the boundaries of any city
shall not by such inclusion impair or affect in any respect the rights of the electric utility to continue
to provide electric utility service and to extend service to prospective customers in accordance with
the provisions of this division."
Please find enclosed the Findings of Fact and Conclusions of Law and The Final Order filed by the
City Development Board approving the voluntary annexation petition submitted by the City of Iowa
City. If no appeal is filed within 30-days of the date of this Order, the City Development Board will
file a copy of these proceedings with the Iowa Secretary of State and record with the Johnson County
Recorder to complete this annexation. All recording and filing fees will be charged to the City of
Iowa City.
Please note that pursuant to Section 312.3(4) Iowa Code, the Mayor and Council are required to
certify to the State Treasurer the population of any areas annexed since the last federal census once
the annexation is complete. The annexation is completed when copies of these proceedings have
been filed with the Johnson County Recorder and Iowa Secretary of State by the City Development
Board. If there are any questions, please call me at (515) 725-3065.
Sincerely,
'6~ Q,,~,S~-~.~,~.
Marie Steenlage
City Development Board Administrator
MS:blh
cc: Iowa City Ciry Attorney
p~D
Terry E. Branstad, Governor IOWA DEPARTMENT Of ECONOMIC DEVELOPMENT Kim Reynolds, lieutenant Governor
DebiV. Durham, Director ~ 200 East Grand Avenue, Des Moines, Iowa USA 50309 ~ Phone: 515.725.3000 • Fax: 515.725.3010 ~ www.iowalifechanging.com `~~
yu
Rezoning grd, 5-16-11
Before us this evening is the question, "What is the appropriate zoning for the
ILJ property?"
There are some items I have not heard addressed.
The lots in the ILJ property will sell at different times and have different owners.
There are questions about the landscape buffer and screening: the timing for its
construction, the performance of periodic maintenance, the replacement of
diseased or dying bushes or shrubs, and in cases of neglect or abandonment,
what is the enforcement?
With multiple owners, how will these tasks be coordinated to achieve a uniform
and pleasing appearance?
If the buffer and screening is installed right away, who does this, pays for it, and
maintains it before the lots are sold?
If built only as lots are sold, then the bushes and shrubs will mature at different
rates resulting in a ragged and unkempt appearance.
At this point if you say these problems are not the concern of the Council, you
are correct.
But if the pending CI-1 zoning is adopted, it will be that zoning that allowed the
activities which in turn made the buffer and screening necessary.
It is a case of cause and effect. If the Council creates the zoning, does it bear
some responsibility for what is placed and happens there?
When the Dane Family Park is in operation, it will be under the supervision of
the Parks & Recreation Commission.
Visitors, your family, or grandkids will come to the Park to enjoy the views and
play.
Remember, park activities will extend all the way down to the fence which is the
common boundary between the Park and the lots in the ILJ property.
Because of variations in the natural topography, there will be spaces where
users of the Park, in spite of the buffer and screening, will see and hear the CI-1
activities.
There will be complaints. People do not want CI-1 zoning activities next to their
school, playground, park, recreation area or residence. CI-1 is a mismatch.
Nothing that can be said or done, and no amount screening within the realm of
practicality, will satisfy the critics. No amount of explanation will stop the
questions.
This will put the Parks & Recreation's staff in an unworkable situation.
They will get the complaints, but where do they turn for a remedy? The sights
and sounds are there and won't go away. The 2011 City Council authorized
them with the CI-1 zoning.
That the Council was trying to recover some of the cost of the 3 lane extension
to Mormon Trek will not satisfy those who object to the CI-1 sights and sounds.
There is no shortage of land awaiting development. There are many acres in S.
E, Iowa City waiting development.
I call these problems "Land mines". They hide beneath the surface then
suddenly the problems appear.
The South Central District Future Land Use Scenario states it supports both CI-1
and CO-1 zoning.
The U of I Levitt Center office building across the street from City Park has no
screening.
The Pip Printing building at the corner of Grace Drive and Mormon Trek has no
screening. It is zoned CO-1.
Both buildings are quiet and attractive.
CO-1 is an option that will avoid the problems and expenses with the landscape
screening and buffer.
CO-1 is compatible with a park.
Maybe because you can't "see" the park is the problem. Or that the City has no
investment in it. What would your thinking be if the City had decided to spend
the money and bought the 16 acres and the improvements for the park?
Is the difference in revenue between CI-1 and CO-1 worth the problems
stemming from the landscape screening and buffer; including the timing for its
construction and lots sold to different owners at different times?
Is the use of CI-1 zoning so compelling that it justifies alienating future users of
the park?
That CI-1 zoning is not compatible with a park and recreation area is a known
and documented fact.
Putting CI-1 zoning next to a park is uncharted territory with few guidelines.
CO-1 zoning has the fewest problems and future objections, and it does provide
a return on the investment made for the infrastructure of Mormon
Trek Blvd.
As I have listened to past Council meeting discussions, I have found them to be
very careful about what uses they put next to existing and future uses.
The zoning you choose tonight will be around for a long, long time.
Future users of the Dane Family Park need and deserve CO-1 zoning.
Thank you,
City of Iowa City
MEMORANDUM
DATE: April 25, 2011
TO: Tom Markus, City Manager
FROM: Rick Fosse, Public Works Director
RE: stormwater Utility Fee Increase -May 3, May 17, and June 7
Introduction: The stormwater utility fee is an enterprise fund used to support Iowa City's
stormwater management program. This program includes meeting all regulations set
forth by the EPA stormwater regulations and Iowa City's National Pollutant Discharge
Elimination System (NPDES) Phase 2 permit. In addition, the fee assists with funding
stormwater infrastructure improvements, various stormwater cost sharing programs for
the general public, cleanup events, capital improvement projects, and stormwater related
personnel expenses. The FY12 budget proposes a 25% increase to the utility fee rate.
History/Background: This utility fee was established in June of 2004, and is structured with
different rates applying to residential and non-residential properties. Residential properties
are charged a flat rate. Non-residential properties are charged a fee based on their actual
impervious area. The stormwater fee currently collects roughly $660,000 annually.
Discussion: Though the fee structure and rate have remained the same since its
inception, the stormwater management program has continued to grow and demands for
storm sewer infrastructure are constantly increasing. Iowa City's stormwater utility rate
with the proposed 25% increase will be near the middle tier of other municipalities,
Recommendation: Staff recommends implementing the storm water utility rate increase
that was approved in the FY2012 budget. In addition, staff recommends that all non-
residential properties that obtain a NPDES industrial stormwater permit from the Iowa
Department of Natural Resources (IDNR) receive a 50% reduction in their monthly
stormwater utility bill. This will be a change in policy as currently this reduction is only
received if the property owner applies for it. This change is based on feedback received
from meetings with the business community during the budget process. Staff proposes
the following schedule for implementation.
May 3 -Set Public Hearing
May 17 -Hold Public Hearing 8~ First Reading
June 7 -Second Reading & Third Reading
Cc: Ron Knoche
Brian Boelk
Prepared by: Brian Boelk, Engineering, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5437
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXA ION 8~ FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6,
"STORMWATER UTILITY FEE" AND AMENDING TITLE 16 EN ITLED "PUBLIC WORKS,"
CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER CO LECTION, DISCHARGE AND
RUNOFF," SECTION 'I~Q(F)(3) TO CHANGE THE RATE OF THE STOR WATER UTILITY FEE.
WHEREAS, pursuant Chapters 384 and 388, Code of Iowa (2011) the City of Iowa City is
authorized to establish a stor water utility and provide for the collecti n of rates and charges to pay for
said utility; and
WHEREAS, stormwater utility tes fund the stormwater utility sy em over time; and
WHEREAS, the flat rate for an quivalent Residential Unit (E )will increase from $2.00 to $2.50,
and the multiplying rate for non-residen ' I properties will increase fr m $0.75 to $1.00.
NOW, THEREFORE, BE IT ORDAI D BY THE COUNCIL O THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 3, C pter 4, Section 6, a itled "stormwater Utility Fee" is hereby
amended by increasing the fee to $2.50.
SECTION II. AMENDMENT. Title 16, C Ater 3, Articl G, Section 10, Subsection F, entitled
"Determination of Storm Water Utility Charge", ragraph 3, ~ hereby amended by substituting seventy
five cents ($.75) with $1.00.
SECTION III. REPEALER. All ordinances and pa
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provi:
be invalid or unconstitutional, such adjudication shall not
any section, provision or part thereof not adjudged invalic
SECTION V. EFFECTIVE DATE. This Ordinance g
and publication. /
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
pweng/ord/stormwater-feelncrease0511.doc
of or,6inances in conflict with the provisions of this
or part of the Ordinance shall be adjudged to
ct the validity of the Ordinance as a whole or
u onstitutional.
be ~n effect after its final passage, approval
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11
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Prepared by: Brian Boelk, Engineering, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5437
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION 8~ FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6,
"STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS,"
CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND
RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE.
WHEREAS, pursuant to Chapters 384 and 388, Code of Iowa (2011) the City of Iowa City is
authorized to establish a stormwater utility and provide for the collection of rates and charges to pay for
said utility; and
WHEREAS, stormwater utility rates fund the stormwater utility system over time; and
WHEREAS, the flat rate for an Equivalent Residential Unit (ERU) will increase from $2.00 to $2.50,
and the multiplying rate for non-residential properties will increase from $0.75 to $1.00.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4, Section 6, entitled "stormwater Utility Fee" is hereby
amended by increasing the fee to $2.50.
SECTION II. AMENDMENT. Title 16, Chapter 3, Article G, Section 10, Subsection F, entitled
"Determination of Storm Water Utility Charge", Paragraph 3, is hereby amended by substituting seventy
five cents ($.75) with $1.00.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
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.
Passed and approved this day of , 20
MAYOR
ATTEST:
CITY CLERK
Approved by
~~
City Attorney's Office S I l~ I l
pweng/ord/stormwater-feel ncrease0511. doc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
First Consideration 5 / 17 / 2011
Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens.
NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:.
Date published
~~ ~t
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 11-4429
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 17th day of May , 2011.
e~ -~'-~l.c ~4
MAYOR
ATTEST: ~.....
CITY CLE K
Ap ved
City Attorney's Office
Ordinance No. 11-4429
Page 2
It was moved by wiiburn and seconded by Dickens that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~ Bailey
_
_
x Champion
x Dickens
x Hayek
x Mims
x Wilburn
x 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 5/25/2011
Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and
noted on for passage at two Council meetings prior to the meeting at which it is to be finally
gassed be suspended, the second consideration and vote be waived and the ordinance be voted upon
Eor final passage at this time. AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek.
JAYS: None. ABSENT: None.
~~5 c
Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 1 1-44'i0
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 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. 20 l 1
Passed and approved this 17th day of May
MAYOR
ATTEST: d
._.~ CIT `CLE
r~
Approved
~~
City Attorney's Office
Ordinance No. 11-4430
Page 2
It was moved by Wilburn and seconded by Dickens that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
x Champion
x Dickens
x Hayek
X Mims
~_ Wilburn
x Wright
First Consideration 5 / 3 / 2011
VOteforpaSSage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey,. Champion.
NAYS: None. ABSENT: None.
Second Consideration ----------------
Vote for passage:
Date published 5/25/2011
Koved by Wilburn, seconded by Bailey, 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
Eor final passage at this time. AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn.
VAYS: None. ABSENT: None.
f
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
~~~° (f
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
First Consideration 5 / 3 / 2011
Vote forpaSSage: AYES: Wilburn, Bailey, Champion, Dickens.
Hayek. ABSENT: None.
Second Consideration ski ~~~ni i
Vote for passage: AYES: Champion,Dickens, Wilburn, Bailey.
Wright. ABSNET: None.
Date published
that the Ordinance
NAYS: Mims, Wright,
NAYS: Hayek, Mims,