HomeMy WebLinkAbout2012-06-19 Ordinance'S cL
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5239
ORDINANCE NO.
AN ORDINANCE VACATING AND CONVEYING AIR RIGHTS WITHIN THE PUBLIC
RIGHT -OF -WAY LOCATED ADJACENT TO THE PROPERTY AT 114 SOUTH DUBUQUE
STREET, IOWA CITY, IOWA.
WHEREAS, the applicant, Mark Moen, is proposing to redevelop the property at 114 South
Dubuque Street by demolishing the one -story bank building and replacing it with a 14 -story mixed -
use building; and
WHEREAS, the applicant has requested that the City vacate and convey to the applicant air
rights starting at approximately 16 feet, eight inches above grade for a 4' x 44' section of the
Dubuque Street public right -of -way in City Plaza that extends along the west property line of the
subject property and a 4' x 56' foot section of public right -of -way in Blackhawk Park that extends
along the north property line of the subject property to allow the top 13 floors of the proposed 14-
story building to cantilever four feet over the public right -of -way; and
WHEREAS, ensuring quality retail storefront space is one of the goals of the Central Business
District; and
WHEREAS, an economic development goal for the City is to provide new employment
opportunities in the Downtown area and lack of available Class A office space has been identified
as an impediment to achieving this goal; and
WHEREAS, it is an economic development goal for the City to provide opportunities for high
quality residential apartments and condominiums in the downtown area to attract permanent
residents that will support a variety of businesses in the central business district and allow
residents to live close to employment, shopping and other services in an urban environment;
WHEREAS, the vacation will allow enough additional living space in the residential units to
allow for balconies to be recessed with the building wall, which will create a more aesthetically
pleasing building design and more usable outdoor space for tenants without sacrificing quality
interior living space needed to attract permanent residents to Downtown; and
WHEREAS, the vacation of air rights will provide for a superior overall design of the building;
and
WHEREAS, the vacation of air rights will provide the opportunity for a more pedestrian - friendly
main floor retail space on a very constrained building site; and
WHEREAS, the vacation of air rights will maximize the amount of Class A office space on
levels 2, 3 and 4; and
WHEREAS, the vacation of air rights will allow for recessed balconies on the residential levels
and make the residential floor plans far more functional and marketable for long -term residents;
and
WHEREAS, given the short length of the building wall along the main pedestrian route within
City Plaza (only 40 feet), the relatively minor depth of the cantilever (only four feet), and the
approximate height (approximately 17 feet) at which the cantilever is proposed will be sufficient to
prevent a dark, tunnel -like environment at the pedestrian level, which might otherwise result if
allowed for a building with a larger footprint; and
WHEREAS, given the small size of the building footprint combined with the fact that the
subject property does not directly abut other buildings along Dubuque Street, the impacts on light,
air and views along City Plaza and Blackhawk Park will be minor, and will not unduly block views
of adjacent businesses or any important vistas within the community; and
WHEREAS, on May 17, 2012, the Planning and Zoning Commission recommended City
Council approve vacating air rights within the public right -of -way along the north and west lot lines
of the property at 114 South Dubuque Street as described below;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. VACATION AND CONVEYANCE. The City of Iowa City hereby vacates and
conveys to Central Park L.L.C. air rights to that portion of public right -of -way starting at
approximately 16 feet, eight inches above grade for a 4' x 44' section of the public right -of -way
Ordinance No.
Page 2
that extends along the west property line of the property at 114 South Dubuque and a 4' x 56'
section of public right -of -way in Blackhawk Park that extends along the north property line of the
property at 114 South Dubuque, as illustrated below and as legally described below:
t
O
m
O
ALLEY
BLACKHAWK
PARK
PROPERTY UNE
PLAN - -- - - - - -- i
=�_p•
All those air rights and all of the air space above a plane elevation of 16 feet 8 inches (16'
8 ") above existing grade over and above the following described real property located in
Johnson County, Iowa, to wit:
Commencing at the southwest corner of Lot 4 in Block 65, in Iowa City, Iowa,
according to the recorded plat thereof, which point is the Point of Beginning;
thence north 40 feet along the west line of said Lot 4; thence east 59 feet, 9
inches along the north line of said Lot 4; thence north 4 feet; thence west 63 feet,
9 % inches on a line parallel with the north line of said Lot 4; thence south 44 feet
on a line parallel with the west line of said Lot 4; thence east 4 feet to the Point of
Beginning
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.
Ordinance No.
Page 3
SECTION V. RECORDING AND EFFECT. This Ordinance shall be recorded and shall have
the effect of conveying the above - described land to Central Park L.L.C. pursuant to Iowa Code
Section 354.23.
SECTION VI. CONSIDERATION. This vacation and conveyance is being made in
consideration for $31,795.
Passed and approved this day of , 2012.
MAYOR: Matt Hayek
ATTEST:
CITY CLERK
App�Med r
clay Attor i 4ey s
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 6/19/2012
Vote forpassage: AYES: Dickens, Dobyns, Mims, Payne, Champion. NAYS: Hayek,
Throgmorton. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
-9 1(10
Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ09- 00003)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 4.29 ACRES OF LAND
LOCATED ON WALDEN ROAD, WEST OF MORMON TREK BOULEVARD FROM MEDIUM DENSITY
SINGLE FAMILY RESIDENTIAL (RS -8) ZONE TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS-
12) ZONE. (REZ09- 00003)
WHEREAS, the applicant, Southgate Development Company, has requested a rezoning of Lot 79 of
Walden Wood Subdivision, Part 7, located on Walden Road west of Mormon Trek Boulevard from Medium
Density Single Family Residential (RS -8) Zone to High Density Single Family Residential (RS -12) Zone; and
WHEREAS, the Comprehensive Plan's guidelines for new neighborhoods encourages the development
of compact neighborhoods in close proximity to services and amenities;
WHEREAS, the Southwest District Plan identifies this property as appropriate for single family or duplex
residential development, but also states that the property will require careful design due to its topographic
conditions and the unusual shape and size of the property;
WHEREAS, the applicant has proposed townhouse -style, attached single family dwellings and has
proposed clustering the dwellings along Mormon Trek Boulevard and Walden Road in order to provide
dwellings that have a residential presence along the street frontages on this property that is unusually shaped
with limited street frontage; and
WHEREAS, the proposed lot layout allows vehicle access to all the dwelling units via a rear drive from
Walden Road, making it unnecessary for additional access from Mormon Trek Boulevard, an arterial street;
and
WHEREAS, storm water run -off from this sloping site has caused drainage problems for adjacent
properties to the south and the proposed concept plan for clustering the dwelling units along the street
frontages will provide more room on the site for appropriate storm water detention facilities that will improve
drainage; and
WHEREAS, there is limited on- street parking on adjacent streets that may not be adequate to meet the
needs for visitor parking for the increased density allowed by this rezoning unless additional visitor parking is
provided on site;
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan provided that any future subdivision plat substantially complies
with the proposed lot layout with townhouse style, attached single family dwellings that present an attractive
residential appearance along the street frontages, a rear drive with access limited to Walden Road, adequate
on -site visitor parking to prevent congestion along neighboring streets; and storm water management that
meets City standards; and
WHEREAS, Iowa Code Section 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 rezoning request; and
WHEREAS, the applicantlowner acknowledges that certain conditions and restrictions are reasonable to
ensure that development of this property complies with the Comprehensive Plan and addresses concerns
regarding residential clustering, storm water management, vehicular access, and adequate off - street parking.
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 legally described as Lot 79, Walden Wood Part 7, is hereby reclassified from its current
zoning designation of Medium Density Single Family Residential (RS -8) Zone to High Density Single Family
Residential (RS -12) Zone.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. 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 to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
Ordinance No.
Page 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 12012.
MAYOR
ATTEST:
CITY CLERK
Prepared by: Andrew Bassman, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230
(REZ09- 00003)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), and Southgate Development Company (hereinafter "Owner ").
WHEREAS, Owner is the legal title holder of approximately 4.29 acres of property
located on Walden Road, west of Mormon Trek Boulevard; and
WHEREAS, the Owner has requested rezoning of said property from Medium - Density
Single- Family Residential (RS -8) zone to High- Density Single - Family Residential (RS -12) zone;
and
WHEREAS, the applicant has proposed townhouse - style, attached single family
dwellings and has proposed clustering the dwellings along Mormon Trek Boulevard and Walden
Road in order to provide dwellings that have a residential presence along the street frontages
on this property that is unusually shaped with limited street frontage; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning
and determined that it complies with the Comprehensive Plan provided that any future
subdivision plat substantially complies with the proposed lot layout with townhouse style,
attached single - family dwellings that present an attractive residential appearance along the
street frontages, a rear drive with access limited to Walden Road, adequate on -site visitor
parking to prevent congestion along neighboring streets; and storm water management that
meets City standards; and
WHEREAS, Iowa Code §414.5, as amended, provides that the City of Iowa City may
impose reasonable conditions on granting an applicant's rezoning request, over and above
existing regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the Southwest District Plan; and
WHEREAS, the Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Southgate Development Company is the legal title holder of the property legally
described as LOT 79, WALDEN WOOD PART 7 IN THE CITY OF IOWA CITY,
JOHNSON COUNTY, IOWA; SAID PARCEL CONTAINING 4.29 ACRES, SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Southwest District Plan. Further, the parties
acknowledge that Iowa Code §414.5, as amended, 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 agree(s) that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. At the time of development, the storm water management system will be designed
and constructed in accordance with the City's Engineering Design Standards,
including the required detention and outlet criteria.
b. At the time of development, the storm water management system will be designed
in a manner that will not exacerbate storm water drainage issues on adjacent
properties.
c. Development will be in general compliance with the submitted concept plan
regarding site layout, lot configuration, and building orientation.
d. Vehicular access to all of the units shall be from a rear lane that connects to
Walden Road.
e. No direct vehicular access shall be allowed from Mormon Trek Boulevard.
f. At the time of development, a minimum of six visitor parking spaces will be
provided along the rear lane near the units that front on Mormon Trek Boulevard
and each dwelling unit shall include a 2 -car garage located behind the unit with
access provided from the rear lane.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5, as amended, and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this day of , 2012.
CITY OF IOWA CITY
2
Matthew Hayek, Mayor By:
Attest:
Marian K. Karr, City Clerk By:
Approved by:
ity AttooeTsLdffi e
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)
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 2011 by
as
of , Inc.
Notary Public in and for said County and State
(Stamp or Seal)
Title (and Rank)
3
Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ09- 00003)
AN ORDINANCE CONDITIO
LOCATED ON WALDEN ROAD, VIfl
SINGLE FAMILY RESIDENTIAL (R
12) ZONE. (REZ09- 00003) I
WHEREAS, the applicant, South
Walden Wood Subdivision, Part 7, I
Density Single Family Residential (R
WHEREAS, the Comprehensive
of compact neighborhoods in close p
WHEREAS, the Southwest Distri
residential development, but also st
conditions and the unusual shape an
WHEREAS, the applicant has
proposed clustering the dwellings al
dwellings that have a residential pres
with limited street frontage; and
WHEREAS, the proposed lot lay(
Walden Road, making it unnecessary
and
NANCE NO.
_Y REZONING APPROXIMATELY 4.29 ACRES OF LAND
OF MORMON TREK BOULEVARD FROM MEDIUM DENSITY
ZONE TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS-
gate Development Compa
cated on Walden Road we
-8) Zone to High Density Sis
Plan's guidelines for new n
ximity to services and ame
t Plan identifies this grope
es that the property will r
size of the property;
oposed townhouse -sty e,
tg Mormon Trek Bo ev,
e along the street f ntz
has requested a rezoning of Lot 79 of
of Mormon Trek Boulevard from Medium
le Family Residential (RS -12) Zone; and
)hborhoods encourages the development
as appropriate for single family or duplex
ire careful design due to its topographic
attached single family dwellings and has
rd and Walden Road in order to provide
es on this property that is unusually shaped
allows vehicle cess Wall the dwelling units via a re#,drive from
t additional ac ss from Mormon Trek Boulevard an alferial stFeA
WHEREAS, storm water run -off frog'
properties to the south and the propose(
frontages will provide more room on the s
drainage; and
WHEREAS, there is limited on- street
needs for visitor parking for the increased
provided on site;
WHEREAS, the Planning and Zoning
that it complies with the Comprehensive P
with the proposed lot layout with townhou,
residential appearance along the street fr�i
on -site visitor parking to prevent congetti
meets City standards; and ,'
a
this slo g site has caused drainage prof i' Yis for-adjaopfti
concep plan for clustering the dwelling unit,,.�along e str
for a ropriate storm water detention facilities„ it will impro�e�,
in on adjacent streets that may not be adequatee �o moet the
n allowed by this rezoning unless additional visor parCnig is
c_
n ission has reviewed the proposed rezoning and determined
pr vided that any future subdivision plat substantially complies
styl attached single family dwellings that present an attractive
)es, rear drive with access limited to Walden Road, adequate
aloni neighboring streets; and storm water management that
WHEREAS, Iowa Code Section J14.5 (2007) pr vides that the City of Iowa City may impose reasonable
conditions on granting an applicant's,tezoning reques over and above existing regulations, in order to satisfy
public needs caused by the rezoning` request; and
WHEREAS, the applicant/own r acknowledges tha certain conditions and restrictions are reasonable to
ensure that development of this property complies with the Comprehensive Plan and addresses concerns
regarding residential clustering, storm water managemen vehicular access, and adequate off - street parking.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO NCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. b�ubject to the Conditional Zoni g Agreement attached hereto and incorporated
herein, property legally des ibed as Lot 79, Walden Wood art 7, is hereby reclassified from its current
zoning designation of Me d1 m Density Single Family Residents I (RS -8) Zone to High Density Single Family
Residential (RS -12) Zone.
SECTION II. ZONIN MAP. The Building Inspector is here y authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. 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 to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
Ordinance No.
Page 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 approves
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
r--a
f _ �
E
Prepared by: Andrew Bassman, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ09- 00003)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), and Southgate Development Company (hereinafter "Owner').
WHEREAS, Owner is the legal title holder of approximately 4.29 acres of property
located on Walden Road, west of Mormon Tfek Boulevard; and I
WHEREAS, the Owner has
Single - Family Residential (RS -8) zc
and
WHEREAS, the applicant
dwellings and has proposed clusteri
Road in order to provide dwellings
on this property that is unusually sh,
rated rezoning of said pro rty from Medium - Density
High- Density Single -Famil Residential (RS -12) zone;
h s proposed townhouse -s le, attached single family
Ig the dwellings along Morm n Trek Boulevard and Walden
h t have a residential pre nce along the street frontages
De with limited street fro aae: and
WHEREAS, the Planning and Z Wing Commission as reviewed the proposed rezoning
he
and determined that it complies with the Compre ive Plan provided that any future
subdivision plat substantially complies ith the prop sed lot layout with townhouse style,
attached single - family dwellings that pre ent an attr ctive residential appearance along the
street frontages, a rear drive with acces limited 0 Walden Road, adequate on -site visitor
parking to prevent congestion along neig boring treets; and storm water management that
meets City standards; and
WHEREAS, Iowa Code §414.5, as
impose reasonable conditions on granting
existing regulations, in order to satisfy public
WHEREAS, the Owner acknow dge
reasonable to ensure the development f the
Plan and the Southwest District Plan; a d
nded, provides that the City of Iowa City may
applicant's rezoning request, over and above
ds caused by the requested change; and
WHEREAS, the Owner agrees toevelop this
conditions of a Conditional Zoning reement.
NOW, THEREFORE, in consid -ation of the
agree as follows:
1. Southgate Developrr
described as LOT i
JOHNSON COUNTY
EASEMENTS AND 0
2. The Owner ackn
of the Compr&
acknowledge the
may impose rea:
above the existir
change.
that certain conditions and restrictions are
�operty is consistent with the Comprehensive
in accordance with the terms and
promises contained herein, tig parties
E-2
title holder of the`=j6p46 leqaLlCy
7 IN THE CITY 1ORI0WA C(:,
1AINING 4.29 ACRE&-8UIYjECT:2.S_
Cive edges that the City wishes to ens re conformance -to fthe'-principles
Plan and the Southwest Di rict Plan. Further, t e parties
Iowa Code §414.5, as amended, provides that the City of Iowa City
nable conditions on granting an applicant's rezoning request, over and
regulations, in order to satisfy public needs caused by the requested
r t Company is the leg I
, WALDEN WOOD PAR
IOWA; SAID PARCEL CON
:STRICTIONS OF RECORD.
3. In consideration of the City's rezoning the subject property, Owner agree(s) that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
le
C.
d.
e.
f.
At the time of development, the storm wate —m
and constructed in accrna with the City
including the required dend outlet trite
At the time of developmtorm water m in a manner that will nrbate storm
properties.
Development will be in compliance
regarding site layout, lot tion, and buil Vehicular access to all nits shall beA
Walden Road.
No direct vehicular acces shall be allowed
At the time of develop ent, a minimum
provided along the rear I ne near the uni
and each dwelling unit s all include a c
access provided from the ar lane.
igement system will be designed
Engineering Design Standards,
ement system will be designed
drainage issues on adjacent
i the submitted concept plan
orientation.
i a rear lane that connects to
tom Mormon Trek Boulevard.
of six visitor parking spaces will be
that front on Mormon Trek Boulevard
r garage located behind the unit with
4. The Owner and City acknowledg that the conditions contained herein are reasonable
conditions to impose on the land nder I a Code §414.5, as amended, and that said
conditions satisfy public needs that re coised by the requested zoning change.
5. The Owner and City acknowledge 1
sold, redeveloped, or subdivided, a
Conditional Zoning Agreement.
in the event the subject property is transferred,
ievelopment will conform with the terms of this
6. The parties acknowledge that this/Con itional Zoning Agreement shall be deemed to be
a covenant running with the lan and vkith title to the land, and shall remain in full force
and effect as a covenant withle to th 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, representaQites, and assign of the parties.
7. The Owner acknowledgq(s) that nothing in this Conditional Zoning Agreement shall be
construed to relieve th� Owner or Applican from complying with all other applicable
local, state, and federaVregulations.
8. The parties agree tdat this Conditional Zonin Agreement shall be incorporated by
reference into the or4inance rezoning the subjeA property, and that upon adoption and
publication of the dinance, this agreement sha be recorded in the Johnson County
Recorder's Office qt the Applicant's expense.
Dated this day of
CITY OF IOWA CITY
2
2012.
C::gy
fT
Matthew Hayek, Mayor By:
Attest:
Marian K. Karr, City Clerk By:
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGE ENT:
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, r pectively, of the City of Iowa City.
Not Public in and for the State of Iowa
(Sta or Seal)
Title (a d Rank)
CORPORATE ACKNOWLEDG ENT:
STATE OF IOWA )
ss: -
JOHNSON COUNTY )
This instrument was a nowledged before me 2011 by
as of , Inc.
.t
Notary Public in and for said County and State
(Stamp or Seal)
Title (and Rank)
3
�4_kl
—aa19-12
sc
Prepared by: Andrew Bassman; Planning Intern, 410 E. Washington Street, Iowa City, IA 52240;
ORDINANCE NO. 12-4485
AN ORDINANCE REZONING APPROXIMATELY 1.3 ACRES OF LAND LOCATED SOUTH OF
HARRISON STREET BETWEEN CLINTON AND DUBUQUE STREETS FROM PUBLIC (P -1) TO
INSTITUTIONAL PUBLIC /CENTRAL BUSINESS SERVICE (P- 2 /CB -2). (REZ12- 00007)
WHEREAS, the applicant, the University of Iowa, has requested a rezoning of property located at 509
South Dubuque Street, south of Harrison Street between Clinton and Dubuque Streets, from Public (P -1) to
Institutional Public /Central Business Service (P- 2 /CB -2); and
WHEREAS, the intent and zoning requirements of the CB -2 zone are compatible with the existing
adopted plans for the area and with policies being formulated for the Riverfront Crossings District; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval of the rezoning to allow University -owned property to be developed with private
commercial uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of Public (P -1) to Institutional Public /Central Business Service (P- 2/CB -2):
LEGAL DESCRIPTION.
LOTS 1, 2, 3, THE NORTH 26.5 FEET OF LOT 4, AND THE EAST 90 FEET OF THE SOUTH 53.5 FEET
OF LOT 4, AND ALL OF LOT 8, COUNTY SEAT ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA,
ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 1 & 2, PAGE 253, AND THE
SUBSEQUENT DEED RECORDED ON BOOK 4866, PAGES 181 -183, DEED RECORDE OF JOHNSON
COUNTY, IOWA.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at
the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 19th day of June 2012
ATTEST: - *4-L)
CI CLERK
Ap rove b
ZAttor ey's Offic
Ordinance No. 12 -4485
Page 2
It was moved by Mims and seconded by Dickens
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Y Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
that the
First Consideration 6/5/2012
Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
6/28/2012
Moved by Mims, 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: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
�? =-Mum CITY OF IOWA CITY
MEMORANDUM
DATE: June 4, 2012
TO: Tom Markus, City Manager
FROM: Steve Long, Community Development Coordinator
RE: June 19th City Council meeting agenda item: sale of UniverCity Neighborhood
Partnership houses
Introduction:
On June 19th, City Council will be holding a public hearing and voting on a resolution to
authorize the conveyance of 648 S. Lucas Street, 437 S. Governor Street and 702 Giblin Drive
as part of the UniverCity Neighborhood Partnership Program.
History/Background:
The grant for the UniverCity Program allows the City to purchase twenty -six rental units located
in designated neighborhoods surrounding the University and downtown, rehabilitate them with
up to $50,000 in grant funds and then sell them to income - eligible buyers. The terms of the sale
require the buyer to live in the home for 5 years to receive the $50,000 in renovations as a
grant. The home is also required to remain owner - occupied for 20 years.
These will be the 21 st, 22nd and 23rd homes sold as part of the program. The remaining three
homes are expected to be sold within the next month.
Under the UniverCity Neighborhood Partnership, the City proposes to sell 648 S. Lucas
for $194,000 (this is what the City paid to purchase the home) plus "carrying costs" of
approximately $6,400. "Carrying costs" are all the costs incurred by the City to acquire the
home, maintain it and sell it, including abstracting and recording fees, interest on the loan to
purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in
excess of $50,000 to repair and rehabilitate the home. The house had been rented illegally for
several years before being purchased by the UniverCity program. The buyer is a University of
Iowa employee and will be receiving down payment assistance provided by the University in the
amount of $8,000. The buyer will be receiving additional down payment assistance from the
Iowa City Housing Authority in the amount of $12,000.
The City also proposes to sell 437 S. Governor Street for $160,000 (this is what the City paid to
purchase the home) plus "carrying costs" of approximately $18,500. This home served as a
rental for over 20 years prior to being purchased by the UniverCity program. The buyer is a
University of Iowa employee and will be receiving down payment assistance provided by the
University of Iowa in the amount of $8,900. The buyer will also be receiving additional down
payment assistance from the Iowa City Housing Authority in the amount of $5,000.
The third home that the City proposes to sell is 702 Giblin Drive, for $129,500 (this is what the
City paid to purchase the home) plus "carrying costs" of approximately $15,500. This was a
rental property for 7 years prior to being purchased by the UniverCity program. The buyer is a
University of Iowa employee and will be receiving down payment assistance provided by the
University in the amount of $7,250.
Statement of Fiscal Impact:
The assessed value of 648 S. Lucas Street at the time of purchase was $201,910 and the sale
price is approximately $200,400. The assessed value of 437 S. Governor Street at the time of
June 4, 2012
Page 2
purchase was $153,090 and the sale price is approximately $178,500. The assessed value of
702 Giblin Drive at the time of purchase was $134,070 and the sale price is approximately
$145,000. It is likely that the assessed values of these homes will increase resulting in an
increase in the tax base. There will be no impact on the General Fund for ongoing operating
expenses.
Recommendation:
These homes were in need of extensive repair and after the renovation they have become
assets to their neighborhoods and to the community.
Staff recommends that you approve the resolution to authorize the conveyance of 648 S. Lucas
Street, 437 S. Governor Street and 702 Giblin Drive as part of the UniverCity Neighborhood
Partnership program.
648 S. Lucas — before renovations
648 S. Lucas — after renovations
June 4, 2012
Page 3
437 S. Governor Street — before renovations
437 S. Governor Street — after renovations
June 4, 2012
Page 4
702 Giblin Drive — before renovations
702 Giblin Drive — after renovations