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HomeMy WebLinkAbout2012-10-02 Ordinance,s-6 Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240.319- 35"251 ( 12- 00005 and REZ12- 00006) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING 172 ACRES OF LAND FROM' INTERIM DEVELOPMENT — RESEARCH PARK (ID -RP), PLANNED EVELOPMENT — MIXED USE (OPD -MU), PLANN DEVELOPMENT — RESEARCH DEV OPMENT PARK (OPD -RDP), AND PLANNED D VELOPMENT — OFFICE RESEA H PARK (OPD -ORP) TO APPROXIMATELY 15. ACRES OF PLANNED DEVELOPM T — HIGHWAY COMMERCIAL (OPD- CH -1), 27.97 AC ES OF RESEARCH DEVELOP NT PARK (RDP), AND 129.12 ACRES TO INTERIM D VELOPMENT — RESEARCH ARK (ID -RP) FOR PROPERTY LOCATED WEST OF H HWAY ONE AND NORT OF INTERSTATE 80. (REZ12- 00005 /REZ12- 00006) WHEREAS, the applicant, Steve Moss, filed with a City Clerk of Iowa City, Iowa, an application for a rezoning for a office research park which includes an area designated for support retail services for a total approximately 17 .88 acres of land located northwest of the interchange of State Highway 1 and nterstate 80; an WHEREAS, the City's Compreh sive Plan in Cates that this area is particularly suited for office and research development pa uses du to its proximity to Interstate 80 and other successful office research park firms; WHEREAS, the Planning and Zonin Com ission has concluded that a small area of retail services, such as hotel facilities, restaurant r ail shops and personal services, if developed in a manner that would complement and suppo a larger office research park, would be consistent with the Comprehensive Plan; and WHEREAS, the applicant has submitted ncept plan for the office park indicating proposed lot layout and street rights -of -way for the fir t an future phases of development; and for the area zoned OPD -CH -1 a planned developme t plan at gives conceptual building and parking lot locations, pedestrian connections; and la dscaping; nd WHEREAS, in the absence of a ore detaile master plan, the applicant has agreed to certain conditions to ensure that the o ce park is dev loped in a cohesive and attractive manner typical of a Class A Office Park and aid conditions all be recorded as a conditional zoning agreement; WHEREAS, the Planning and ning Commission h recommended that the concept plan that was submitted by the applican for the OPD -CH -1 Zon d properties should be recorded as a part of the planned development an and all site plans for II lots within the office park shall be reviewed by the Commission f r compliance with said c ncept plan and /or the conditions contained in the associated con ' ional zoning agreement, as a plicable; and WHEREAS, certain variati s from the underlying zonin requirements are necessary to ensure that the office park an support retail area are develop d as a cohesive Class A Office Park in a manner that is co lementary to the sensitive environ ental features of the site and responds to the unique locati n of the property with frontage along terstate 80; and WHEREAS, the Depart ent of Planning and Community Devel pment and the Public Works Department have exami ed the Sensitive Areas Development Plan, Preliminary Planned Development Plan, and r commend approval, subject to the agreed conditions; and WHEREAS, the PI nning and Zoning Commission examined the Preliminary Planned Development Plan a Sensitive Areas Development Plan, and after due deliberation and consideration of the pplication materials and the staff recommendations, has recommended approval; and Ordinance No. Page 2 WHEREAS, Iowa Code §414.5 (2009) 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 CITY, IOWA: SECTION I. APPROVAL: 1. The approximately 27.97 from OPD -MU, OPD -ORP, Legal Description: NED BY THE CITY COUNCIEIOF THE CITY OF IOWA of property legally described Oelow, is hereby reclassified OPD -RDP to Research Develokment Park(RDP): 2. The approximately 15.8 acres of p pe9ev y legally described OPD -ORP and OPD -RDP to Plann e lopment — High the following additional land uses all wed: A. Sales- oriented and Persona Service- Oriented maximum of 50,000 square fee of floor area per I B. General Animal - Related Comme cial Uses; and C. Specialized Educational Facilities. Legal Description: 3. The approximately 128.12 acres of property lei OPD -RDP, OPD -MU, and OPD -ORP to Inten Legal Description: SECTION II. CONDITIONAL ZONING AC directed to sign, and the City Clerk attest, the C owner and the City, following passage and app SECTION III. ZONING MAP. The Buildir change the zoning map of the City of Iowa City passage, approval and publication of this ordiry iw is hereby reclassified from Commercial.(OPD- -1) with it Uses are �lowed up Ao—a eS:3 a bed below is hereby reclassified from 'nent — Research Park (ID -RP): alNT. The mayor is hereby authorized and i itio I Zoning Agreement between the property l t is Ordinance. Inspect r is hereby authorized and directed to Ewa, to c nform to this amendment upon the final ,e by la SLI: I IUN IV. (ELK 11HILA I IUN AND RECORDING. pon passage and approval of the Ordinance, the City Clerk is here/nn hor' ed and direct to certify a copy of this ordinance, the associated conditional zonire ent, planned evelopment plan, sensitive areas development plan, and concept pss Office Park an to record the same at the office of the County Recorder of Johnson Iowa, at the owner's xpense, all as provided by law. SECTION V. REPEALER. All nces and parts of or ances in conflict with the provi- sions of this Ordinance are hereby led. SECTION VI. SEVERABILITny section, provision or art of the Ordinance shall be adjudged to be invalid or unconsal, such adjudication sh II not affect the validity of the Ordinance as a whole or any secrovision or part thereof n adjudged invalid or unconsti- tutional. SECTION VII. EFFECTIVE D his Ordinance shall be in effect after its final passage, approval and publication, as prov' ed by law. Passed and approved thi day of MAYOR Ordinance No. Page 3 ATTEST- Sb Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ12 -00005 and REZ12- 00006) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING 172 ACRES OF LAND FROM INTERIM DEVELOPMENT — RESEARCH PARK (ID -RP), PLANNED DEVELOPMENT — MIXED USE (OPD -MU), PLANNED DEVELOPMENT — RESEARCH DEVELOPMENT PARK (OPD -RDP), AND PLANNED DEVELOPMENT — OFFICE RESEARCH PARK (OPD -ORP) TO APPROXIMATELY 15.8 ACRES OF PLANNED DEVELOPMENT — HIGHWAY COMMERCIAL (OPD- CH -1), 27.97 ACRES OF RESEARCH DEVELOPMENT PARK (RDP), AND 129.12 ACRES TO INTERIM DEVELOPMENT — RESEARCH PARK (ID -RP) FOR PROPERTY LOCATED WEST OF HIGHWAY ONE AND NORTH OF INTERSTATE 80. (REZ12- 00005 /REZ12- 00006) WHEREAS, the applicant, Steve Moss, filed with the City Clerk of Iowa City, Iowa, a rezoning application for an office research park and an area designated for support retail services, for a total of approximately 171.88 acres of land located northwest of the interchange of State Highway 1 and Interstate 80; and WHEREAS, the City's Comprehensive Plan indicates that this area is particularly suited for office and research development park uses due to its proximity to Interstate 80 and other successful office research park; WHEREAS, Applicant has requested the OPD CH -1 zoning designation to allow for the provision of certain retail services to support office park uses not otherwise allowed within the CH -1; and WHEREAS, a small area of retail services, such as hotel facilities, restaurants, retail shops and personal services, if developed in a manner that would complement and support the larger office research park, would be consistent with the Comprehensive Plan; and WHEREAS, certain variations from the underlying CH -1 zoning requirements are necessary to ensure that the office park and support retail area are developed as a cohesive high - quality office park; and WHEREAS, Applicant has submitted a concept plan for the office park indicating proposed lot layout and street rights -of -way for the first and future phases of development; and a planned development plan for the land being zoned OPD CH -1 that gives conceptual building and parking lot locations, pedestrian connections; and landscaping; and WHEREAS, in the absence of a more detailed master plan, the applicant has agreed to certain conditions to ensure that the office park is developed in a cohesive and attractive manner typical of a high - quality office park and said conditions shall be recorded as a conditional zoning agreement; WHEREAS, the Planning and Zoning Commission recommends that the concept plan submitted for the OPD -CH -1 zoned properties should be recorded as a part of the planned development plan and all site plans for all lots within the office park be reviewed by the Commission for compliance with said concept plan and /or the conditions contained in the associated conditional zoning agreement, as applicable; and WHEREAS, the Department of Planning and Community Development and the Public Works Department have examined the Sensitive Areas Development Plan, Preliminary Planned Development Plan, and recommend approval, subject to the agreed conditions; and WHEREAS, the Planning and Zoning Commission examined the Preliminary Planned Development Plan and Sensitive Areas Development Plan, and after due deliberation and consideration of the application materials and the staff recommendations,_ has recommended approval; and Ordinance No. Page 2 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: 1. The approximately 27.97 acres of property legally described below, is hereby reclassified from OPD -MU, OPD -ORP, and OPD -RDP to Research Development Park (RDP): Legal Description: A part of the Southeast Quarter of Section 35, Township 35 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa, being more particularly described as follows: Beginning at the Northeast corner of said Southeast Quarter; thence South 2 007' East 328.8 feet along the East line of said Southeast Quarter (assumed bearing for this description only) to the point of beginning; thence continuing South 2 007' East 913.8 feet along said East line; thence North 90 000 West 499.5 feet; thence South 0 000' East 365.8 feet; thence North 90 000' West 603.5 feet; thence North 0 000' East 30.0 feet; thence North 90 000' East 94.3 feet; thence North 0 000' East 744.4 feet; thence North 20 058' West 66.1 feet; thence Northeasterly 161.5 feet along the arc of a 667.0 foot radius curve concave Northwesterly (chord bearing North 59 019' East 161.1 feet) to a point of tangency; thence North 52 023' East 138.3 feet to a point of curvature; thence Northerly 11.5 feet along the arc of a 7.5 foot radius curve concave Westerly (chord bearing North 8 013' East 10.5 feet); thence Northerly 310.5 feet along the arc of a 380.0 foot radius curve concave Easterly (chord bearing North 12 031' West 301.9 feet) to a point of tangency; thence North 10 053' East 280.0 feet; thence South 79 007' East 60.0 feet; thence North 90 000' East 402.3 feet; thence South 44 °56' East 425.7 feet to the point of beginning and containing 27.99 acres more or less. 2. The approximately 15.80 acres of property legally described below is hereby reclassified from OPD -ORP and OPD -RDP to Planned Development - Highway Commercial (OPD -CH -1) with the certain additional land uses allowed according to the a conditional zoning agreement approved herein: Legal Description: That part of the Southeast Quarter of Section 35, Township 35 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa described as follows: Commencing as a point of reference at the Northeast corner of said Southeast Quarter; thence South 2 007' East 1242.6 feet along the East line of said Southeast Quarter (assumed bearing for this description only) to the point of beginning; thence continuing South 2 °07' East 737.9 feet along said East line to a point of intersection with the Northerly right -of -way line of Interstate No. 80; thence South 81 °04' West 646.2 feet along said Northerly right -of- way line; thence North 89 031' West 491.9 feet along said Northerly right -of -way line; thence North 0 000' East 476.9 feet; thence North 90 000' East 603.5 feet; thence North 0 000' East 365.8 feet; thence North 90 °00' East 499.5 feet to the point of beginning and containing 15.80 acres more or less. 3. The approximately 128.12 acres of property legally described below is hereby reclassified from OPD -RDP, OPD -MU, and OPD -ORP to Interim Development - Research Park (ID -RP): Ordinance No. Page 3 3. The approximately 128.12 acres of property legally described below is hereby reclassified from OPD -RDP, OPD -MU, and OPD -ORP to Interim Development - Research Park (ID -RP): Legal Description: A part of the Southeast Quarter of Section 35, Township 35 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa, and Lot 4, Lot 5, Lot 10, the South 9 acres of Lot 6, and the South 12.5 acres of Lot 8 of a subdivision of the Northeast Quarter of said Section 35 (plat recorded in Plat Book 1, Page 11 at the Johnson County Recorder's Office) all being more particularly described as follows: Beginning at the Northeast corner of said Southeast Quarter; thence South 2 007' East 328.8 feet along the East of said Southeast Quarter (assumed bearing for this description only); thence North 44 056' West 425.7 feet; thence North 90 000' West 402.3 feet; thence North 79 007' West 60.0 feet; thence South 10 °53' West 280.0 feet to a point of curvature; thence Southerly 310.5 feet along the arc of a 380.0 foot radius curve concave Easterly (chord bearing South 12 031' East 301.9 feet); thence Southerly 11.5 feet along the arc of a 7.5 foot radius curve concave Westerly (chord bearing South 8 013' West 10.5 feet) to a point of tangency; thence South 52 023' West 138.3 feet to a point of curvature; thence Southwesterly 161.5 feet along the arc of a 667.0 foot radius curve concave Northwesterly (chord bearing South 59 019' West 161.1 feet); thence South 20 058' East 66.1 feet; thence South 0 000' East 744.4 feet; thence North 90 000' West 94.3 feet; thence SouthO °08' East 506.9 feet to a point of intersection with the Northerly right -of -way line of Interstate No. 80; thence North 89 °31' West 1239.9 feet to a point of intersection with the West line of the East line of the East 63.75 acres of the West one -half of the Southeast Quarter of said Section 35; thence North 2 °15' West 2023.7 feet along said West, line to the South line of said Lot 8; thence South 88 058' West 124.5 feet to the Southwest corner of said Lot 8; thence North 2 008' West 1056.0 feet to a point of intersection with the North line of the South 12.5 acres of said Lot 8; thence North 88 058' East 2504.5 feet along said North line and along the North line of the South 9 acres of said Lot 6 and along the North line of said Lot 4 to a point of intersection with the East line of said Northeast Quarter; thence South 1057' East 1056.0 feet along said East line to the point of beginning and containing 128.12 acres more or less. 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 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 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, the associated conditional zoning agreement, planned development plan, sensitive areas development plan, and concept plan for Moss Office Park and to record the same at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. Page 4 Passed and approved this day of 12012. MAYOR ATTEST: CITY CLERK Approved by 4�4 a City Attorney's Office 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 First Consideration 10/2/2012 Vote for passage: AYES: Dickens, NAYS: Throgmorton. ABSENT: Second Consideration _ Vote for passage: Date published that the Dobyns, Hayek, Mims, Payne, Champion. None. 01 Prepared by: Karen Howard, PCO, 410 E. Washington, Iowa City, iA 52240(319)356-5251 (REZ12 -00005 & REZ12- 00006) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Moss f=arms, Inc., Stephen A. Moss and David G. Moss (hereinafter "Owner "). WHEREAS,. Owner is the legal title, holder of approximately 172 acres of property located northwest of the interchange of State.,Highway 1 with Interstate 80; and WHEREAS, Owner has requested the rezoning of said property from Interim Development - Research Park (ID -RP), Planned Development — Mixed Use (OPD -MU), Planned Development — Research Development Park (OPD -RDP), and Planned Development — Office Research Park (OPD -ORP) to approximately 15.8 acres of Planned Development — Highway Commercial (OPD- CH -1), 27.97 acres of Research Development Park (RDP), and 129.12 acres of Interim Development — Research Park (ID -RP); and WHEREAS, a planned development overlay zone allows flexibility in the design, placement and clustering of buildings, mixture of uses and related site and design considerations; and WHEREAS, the OPD CH -1 rezoning is appropriate in this case to allow for the provision of certain retail services to support office park uses not otherwise allowed within the CH -1, particularly given the proximity to the 1 -80 and Highway 1 interchange; and WHEREAS, in the absence of a more detailed master plan showing how the retail component of this development will be integrated with the other uses allowed in the CH -1 zone, Owner has agreed to certain conditions to ensure that the office park is developed in a cohesive and attractive manner typical of a high - quality office park and said conditions shall be recorded as a conditional zoning agreement; and WHEREAS, the Planning and Zoning Commission has determined that with appropriate conditions regarding landscaping, signage, building location, design and materials that ensure that the office park and the support retail area are developed to the quality expected for a Class A Office Park, that the requested zoning and the various requested modifications to the zoning are consistent with the Comprehensive Plan goals of environmental stewardship and expansion of quality job opportunities within the community; and WHEREAS, the Planning and Zoning Commission recommends that the concept plan submitted for the OPD -CH -1 zoned properties should be recorded as a part of the planned development plan and all individual site plans for all lots within the office park shall be reviewed by the Commission for compliance with said concept plan and the conditions contained in this conditional zoning agreement in order to ensure that the office park and associated support retail area is developed in a cohesive and quality manner over time; 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, Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan; and WHEREAS, Owner agrees 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. Owner is the legal title holder of the property legally described as follows: A PART OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 35 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA, AND LOT 4, LOT 5, LOT 10, THE SOUTH 9 ACRES OF LOT 6, AND THE SOUTH 12.5 ACRES OF LOT 8 OF A SUBDIVISION OF THE NORTHEAST QUARTER OF SAID SECTION 35 (PLAT RECORDED IN PLAT BOOK 1, PAGE 11 AT THE JOHNSON COUNTY RECORDER'S OFFICE) ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 2 °07' EAST 1980.6 FEET ALONG THE EAST OF SAID SOUTHEAST QUARTER (ASSUMED BEARING FOR THIS DESCRIPTION ONLY) TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT -OF -WAY LINE OF INTERSTATE NO. 80; THENCE SOUTH 81004' WEST 646.2 FEET ALONG SAID NORTHERLY RIGHT -OF -WAY LINE; THENCE NORTH 89 °31' WEST 1731.77 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE EAST 63.75 ACRES OF THE WEST ONE -HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE NORTH 2 °15' WEST 2023.7 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID LOT 8; THENCE SOUTH 88 °58' WEST 124.5 FEET TO THE SOUTHWEST CORNER OF SAID LOT 8; THENCE NORTH 2 °08' WEST 1056.0 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE SOUTH 12.5 ACRES OF SAID LOT 8; THENCE NORTH 88 058' EAST 2504.49 FEET ALONG SAID NORTH LINE AND ALONG THE NORTH LINE OF THE SOUTH 9 ACRES OF SAID LOT 6 AND ALONG THE NORTH LINE OF SAID LOT 4 TO A POINT OF INTERSECTION WITH THE EAST LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 1 °57' EAST 1056.0 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING AND CONTAINING 171.88 ACRES MORE OR LESS. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Sensitive Areas Development Plan, and that the 2 conditions imposed upon the property are reasonable and designed to satisfy public needs caused by the requested zoning change. 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 shall comply with the zoning ordinance, as well as the following conditions: 1) A conceptual landscape plan for the entire area, as legally described above, shall be submitted and be approved by the Director of Planning or designee prior to approval of the final plat for Phase One. This plan shall address location of and the general concept for'stormwater facilities and illustrate the shared amenities or features of the park, including any trail system, entranceway signage or similar features. The Plan shall be detailed for the area designated as Phase One. The landscaping plan for Outlot A may be conceptual in nature, but should take into account and be complementary to the sensitive environmental features of the site, including the stream corridors, woodlands, slopes, wetlands, and similar topographic and geographic features. This plan does not need to include landscaping details for individual lots, but rather it should convey the overall character of the shared open space and amenities proposed for the office park and support retail area. 2) Prior to final plat, a master sign plan shall be submitted to and approved by the Director of Planning or designee, indicating potential locations and design concept for common signage for the office park, which may include on- premise-and off - premise signage for the office park, such as entranceway signage, directional signage, development signs, identification signage, masonry wall signs, monuments signs, and interstate signs. The design of all common signage for the development should have a consistent theme and be constructed of similar quality materials and lettering. 3) For the area zoned OPD -CH -1, the following additional allowances, standards and restrictions apply: a. No more than two drive - through facilities shall be allowed. Drive - throughs shall comply with the special exception approval criteria applicable in the CC- 2 Zone, however, a special exception shall not be required. The Planning and Zoning Commission shall have the authority to act on behalf of the Board of Adjustment when, considering approval of drive4hrough facilities. b. Accessory outdoor display and storage Is allowed only in accordance with the commercial site development standards that apply in the CC -2 Zone. c. The commercial buildings should be the prominent feature as viewed from the public streets within the development. To that end, each principal commercial building shall have at least one main building entrance oriented toward the street. Parking areas shall be located largely, to the side or rear of buildings, however a maximum of one double -sided parking aisle may be located between the building and the street, except for lots wiih multiple frontages, for which only one frontage needs to meet this standard. d. Parking areas must be setback at least 50 feet from the Interstate 80 right -of- way and this setback area must be landscaped with trees, shrubs and ground cover consistent with the general landscaping plan for the office park. e. Land uses are restricted to those allowed in the Highway Commercial (CH -1) Zone, plus the following additional uses: 3 1. Sales - oriented and Personal Service - Oriented Retail Uses up to a maximum of 50,000 square feet per lot; ii. General Animal - Related Commercial Uses; and iii. Specialized Educational Facilities. 4) Site plans for development of every lot shall be reviewed and approved by the Planning and Zoning Commission according to the following standards prior to issuance of a building permit for the subject lot. Decisions of the Planning and Zoning Commission may be appealed to the City Council: a. Landscaping Standards 1. On lots zoned RDP, the total ground area devoted to open space for natural landscape and landscape beautification shall be not less than 35% of the total land area shown on the site plan. Such open space shall be free of all drives, parking areas, structures, buildings, and other permanent improvements, except for those walkways, monuments, ornamental structures, and other features considered to be necessary but essential to the central landscape theme. ii. Stormwater facilities shall be designed as an integral part of the landscaping plan. iii. Building and parking- area placement and provision of open space shall take into account and respond sensitively to the topography and environmental features on the site to the extent possible and as required according to the approved sensitive areas development plan. iv. Parking areas, loading ramps, utility areas, and similar vehicular use areas shall be effectively screened from public view. Screening shall be accomplished through the design incorporation of landscaping such as planting screens using both deciduous and evergreen tree and shrub species, the combination of which have year -round effectiveness; topography such as the natural or manmade grade differences; structural additions such as permanent walls; or other equally permanent and effective screening innovations. Any one or combination of screening methods may be used providing, however, the net result shall be complementary to the central landscape theme as well as effectively accomplish the concealment of the area in question. v. Parking shall be set back a minimum of 20 feet from City street rights - of -way, 50 feet from the Interstate 80 right -of -way, and 10 feet from all other property lines and from common drives external to a parking area, except in the case of abutting parking lots for which cross - access`has been established over the parking areas, which'may be constructed as seamless paving across the property line.. b. Building Material Standards 1. Building facades shall be predominantly constructed of high quality exterior building materials, including window systems, brick, masonry, stone, stucco, colored and burnished concrete masonry units, architectural pre -cast panels, and architectural metal panels. Concrete panels with a veneer_of brick or masonry may be approved provided the material gives the appearance of one or more of the high quality building materials listed above. Predominately is defined as at least 75 percent of the exterior of the entire building, but not necessarily of each building wall. Use of high quality building 4 materials should be concentrated along building walls that are visible from public streets and public areas or that contain public entrances. ii. Other lower quality or less durable exterior building materials, such'as smooth -faced concrete block, unadorned tilt -up concrete panels, and EIFS do not qualify as quality building materials and should be limited. In no case shall EIFS be used within the first 8 feet above grade. Lower quality metal siding, such as that used for metal pole buildings, is not allowed. iii. Material and color changes should generally occur at a change of plane and at an inside corner. Material or color changes at the outside corners of structures that give the impression of veneer or artificiality of the material are not allowed. c. Building Articulation and Fenestration Standards 1. Buildings must include details and features that provide visual .interest, reduce the perception of the mass of the building, and provide a cohesive appearance to the building. Building facades shall be articulated by using color, window arrangement, change in materials, and change in plane to vary the height, depth, or direction of exterior walls. Stretches of blank wall with no windows or other architectural features are discouraged, particularly along building walls that are within public view, as defined by the Zoning Code. ii. Rear and side facades that are visible from streets, pedestrian walkways, or shared open spaces shall have the same type'of materials and detailing found on the principal facades of the building. iii. Whenever practical, the heights of walls, cornice or parapet lines should match or be complementary to those of neighboring buildings. Design linkages are required through the placement of window lines, belt courses, and other horizontal elements in a pattern that reflects similar elements or other horizontal lines in neighboring buildings. Windows should be recessed or otherwise set apart from the building's principal facade to provide horizontal lines and vertical rhythm to the building. Building design should be compatible and harmonious with neighboring buildings, but variety is also encouraged to prevent monotony. iv. Building awnings or canopies that provide a generally consistent cover along pedestrian walkways are encouraged. A functional awning or canopy (minimum 6 feet in depth) is required at entranceways on retail buildings. Arcades may also be used to provide weather protection for pedestrians. v. Transparent entries and large ground -level storefront windows are required along street - facing facades of all retail buildings (not including banks or hotelslmotels). To meet this standard a minimum of 50% of the street- facing building facade between 2 and 10 feet in height from the adjacent exterior grade must be comprised of transparent (no more than 10% daylight reduction) windows and doors. Such windows and doors must be vertically- oriented in a standard, mainstreet storefront configuration that allow views into the interior space or be designed as storefront display windows that are set into the wall. Display cases attached to the outside building wall. do not qualify. While banks, hotels and motels are not required to meet this standard, transparent entries, and generous fenestration 5 along street- facing facades is encouraged consistent with the intended use of the building. d. Signage Standards i. Wall Signs: All signage constructed as wail signs on building fascia within the development shall incorporate aesthetic features compatible with the overall character of the development. All wall signs will be composed of solid individual letters attached to the building fascia, or individual letters of anodized aluminum, galvanized metal, or illuminated, self- contained translucent plastic faces set in anodized aluminum returns and trim. logos shall generally be constructed in the same manner as individual letters including contouring to follow the shape of the logo. In situations in which the logo cannot be contoured, a panel sign may be allowed if the panel is sized and constructed in a manner that minimizes the overall sign size and limits the portion illuminated to just the logo. ii. Freestanding pole signs, including tall interstate pole signs, are not allowed. However, one common wide -based freestanding sign is allowed along the interstate frontage to serve lots 4, 5, 6, and 7. Up to one additional common, wide -based freestanding sign is allowed along the interstate frontage to provide identification for other uses within the larger office park. Said interstate signs shall not exceed 30 feet in height or 12 feet in width and shall be designed in a manner that is consistent with the design of other signs within the office park. Said interstate signs shall be setback a minimum of 20 feet from the interstate right -of -way but shall be located within the first 100 feet of lot depth as measured from the interstate right -of -way: The maximum copy area of each sign face on an interstate sign shall not exceed 200 square feet. The sign may be double -faced for a total of 400 square feet The name of the development shall be indicated within the top one - fourth of the sign copy area. The maximum letter height for tenant identification copy on the sign shall be eighteen (18) inches. iii. Monument signs shall be allowed on each lot according to the approved sign plan for the development. Monument signs may exceed the maximum height specified in the Iowa City zoning Code, but in no case shall a monument sign exceed 8 feet in height. iv. For Phase One of the development, one of the following sign types, as defined in the Iowa City Zoning Code, is allowed at the entrance to the office park near the intersection of Moss Ridge Road and Highway 1 and one additional of said sign types is allowed near the intersection of Moss Ridge Road with the east property line of the Moss Ridge Campus development: Development Sign; Entranceway Sign; or Masonry Wall Sign(s)..The location and design of these signs shall be identified in the Master Sign Plan that is approved prior to final plat of Phase 1. The signs shall be identification signs for the entire office park and shall not provide identification for individual tenants or businesses within the office park. The sign shall be in conformance with the specifications set forth in Table 513-5 of the Iowa City Zoning Code, regardless of the zone in which the sign is located. For future phases of the office park development, additional locations for similar entranceway signage may be allowed near the intersections of Moss Meadows Road and Creek Preserve Road with Oakdale Boulevard C:1 and /or in locations where other public streets enter the office park development from an abutting property that is not within the development. Specific entranceway sign locations for future phases of the office park shall be determined at the time of final plat for the respective future phase. v. On- or off - premise directional signage may be allowed according to the master sign plan. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment shall 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 Owner's expense. Dated this day of , 2012. CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk 7 MOSS M , INC., By: Stephe A. Moss, President Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Stephen A. Moss Sonya S. Mpss Sp a of St henA. Moss po� David G. J et A. Moss - Spouse of David G. Moss On this day of ' 2012, before me, the undersigned, a notary public in and for the State of Iowa, personalty 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 seated on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: C CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) . ) ss: JOHNSON COUNTY ) _ CC j bt3 EZ r This instrument was acknowledged before me on September , 2012 by Stephen A. Moss as President of Moss Farms, Inc. MARK C. DANIELSON _~ CornmWdon ow Number 154168 � E *ms Notary Public in and for said Coun and State (Stamp or Seal) Title (and Rank) INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This Instrument was acknowledged before me on September , 2012 by Stephen A. Moss and Sonya S. Moss. FAARK C. DANiELSON o~� Commission Number 154168 • My Commission Expires `rac;U November 30, 2013 Notary Public in and for the State of Iowa My commission expires: E S INDIVIDUAL ACKNOWLEDGEMENT: STATE QF �Nb ) C�QuO�— COUNTY) ss: This instrument was acknowledged before me on September, �2012 by David G. Moss and Janet A. Moss.. ,,,. N ary Public in and for the State of g'©lc�re My commission expires: , �0 ,Vic;. I N�TAR11i�Nr� 8TAROFOOtMM M)TARY0201210618M Air00f11$S10pps 10, 2016 10 .5.b Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ12 -00005 & REZ12- 00006) CONDITIONAL ZONING AGREEM THIS AGREEMENT is made between the City of Iowa City, to a, a municipal corporation (hereinafter "City "), and Moss Farms, Inc., Stephen A. Moss a d Sonya S. Moss, husband and wife, and David G. Moss (ad Janet A. Moss, husband an wife (hereinafter collectively referred to as "Owner "). WHEREAS, Owner is legal title holder of appr imately 172 acres of property located northwest of the interch ge of State Highway 1 with I terstate 80; and WHEREAS, Owner ha requested the rezoni of said property from Interim Development- Research Park (ID- P), Planned Develop nt —Mixed Use (OPD -MU), Planned Development — Research Develo ent Park (OPD -RD ), and Planned Development — Office Research Park (OPD -ORP) to app ximately 15.8 ac s of Planned Development — Highway Commercial (OPD- CH -1), 27.97 acre of Research D elopment Park (RDP), and 129.12 acres of Interim Development— Research P k (ID -RP); a WHEREAS, a planned develo ent ov day zone allows flexibility in the design, placement and clustering of buildings mi re of uses and related site and design considerations; and WHEREAS, the OPD CH -1 rezoning s appropriate in this case to allow for the provision of certain retail services to support office rk uses not otherwise allowed within the CH -1, particularly given the proximity to the I -80 nd ighway 1 interchange; and WHEREAS, in the absence of a more detailed master plan showing how the retail component of this development will b integrate with the other uses allowed in the CH -1 zone, Owner has agreed to certain conditio s to ensure hat the office park is developed in a cohesive and attractive manner typical of a hi - quality offic park and said conditions shall be recorded as a conditional zoning agreement; an WHEREAS, the Planning nd Zoning Commi sion conditions regarding landscap' g, signage, building oca that the office park /ihe e s port retail area are de elo A Office Park, that qu ted zoning and the vari us are consistent with rehensive Plan goals of v of quality job oppo ithin the community; and WHEREAS, nning and Zoning Commissi submitted for the H -1 zoned properties should k development plan individual site plans for all lots wi the Commission fpliance with said concept plan conditional zoning ent in order to ensure that the c area is developed i esive and quality manner over tii has determined that with appropriate on, design and materials that ensure ied to the quality expected for a Class requested modifications to the zoning ,onmental stewardship and expansion recommends that the concept plan recorded as a part of the planned n the office park shall be reviewed by Ind the conditions contained in this Ike park and associated support retail WHEREA , Iowa Code §414.5 (2011) provides that th City of Iowa City may impose reasonable con Itions on granting an applicant's rezoning req st, over and above existing regulations, in der to satisfy public needs caused by the requeste change; and WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan; and WHEREAS, Owner agrees to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutyat' promises c ntained herein, the parties agree as follows: / 1. Steve Moss is the legal title holder of tKe property legally (fescribed as follows: A PART OF THE SOUTHEAST QUARTE OF SECTION 35, OWNSHIP 35 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY JOHNSON COU TY, IOWA, AND LOT 4, LOT 5, LOT 10, THE SOUTH 9 ACRES OF LOT 6, AND THE SO TH 12.5 ACRES OF LOT 8 OF A SUBDIVISION OF THE NORTHEAST Q ARTER OF SAI SECTION 35 (PLAT RECORDED IN PLAT BOOK 1, PAGE 11 AT THE JOHNSON C NTY RECORDER'S OFFICE) ALL BEING MORE PARTICULARLY DESCRI ED AS FOLL WS: BEGINNING AT THE NORTHEAST CORNER OF S)Yb SOUTHEAST QUARTER; THENCE SOUTH 2 007' EAST 1980.6 ET A ONG THE EAST OF SAID SOUTHEAST QUARTER (ASSUMED BEARING FOR VH I D ESCRIPTION ONLY) TO A POINT OF INTERSECTION WITH THE NORTHERLY G T -OF -WAY LINE OF INTERSTATE NO. 80; THENCE SOUTH 81 004' WEST 646.2 FE'0'T ALONG SAID NORTHERLY RIGHT -OF -WAY LINE; X THENCE NORTH 89 °31' WEST 1731.7 F ET ALONG SAID NORTHERLY RIGHT -OF -WAY LINE TO A POINT OF INTERSECTIOYWITIH THE WEST LINE OF THE EAST 63.75 ACRES OF THE WEST ONE -HALF OF THE S UTH AST QUARTER OF SAID SECTION 35; THENCE NORTH 2 °15 WEST 2027 FEET OF SAID LOT 8; THENCE SOUTH 88 058' WESY24.5 FEET 8; THENCE NORTH 2 008' WEPT 1056.0 FEET i NORTH LINE OF THE SOUTH 12.5 ACRES OF NG SAID WEST LINE TO THE SOUTH LINE THE SOUTHWEST CORNER OF SAID LOT A POINT OF INTERSECTION WITH THE ID LOT 8; THENCE NORTH 88 058' VAST 2504.49 FEET A ONG SAID NORTH LINE AND ALONG THE NORTH LINE OF THE S UTH 9 ACRES OF SAI LOT 6 AND ALONG THE NORTH LINE OF SAID LOT 4 TO A POIN OF INTERSECTION WI H THE EAST LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 1 05 ' EAST 1056.0 FEET ALON SAID EAST LINE TO THE POINT OF BEGINNING AND CO TAINING 171.88 ACRES MO OR LESS. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles 2 of the Comprehensive Plan and the Sensitive Areas Development Plan, and that the conditions imposed upon the property are reasonable and designed to satisfy public needs caused by the requested zoning change. 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. 1 3. In consideration of the City's rezoning the subject property, Own r shall comply with the zoning ordinance, as well as the following conditions: 1) A conceptual landsdape(plan for the entire area, as legally scribed above, shall be submitted and be approved'by the Director of Planning or esignee prior to approval of the final plat for Phi s6 One. This plan shall address I ation of and the general concept for stormwat4 facilities and illustrate the share amenities or features of the park, including any trail ystem, entranceway signage r similar features. The Plan shall be detailed for the rea designated as Phase O e. The landscaping plan for Outlot A may be conceptual in nature, but should t e into account and be complementary to the seripitive environmental fea res of the site, including the stream corridors, woodlands, slopes, wetlands, d similar topographic and geographic features. This Olan does not need include landscaping details for individual lots, but rather it s�iouI convey the verall character of the shared open space and amenities propos d for the office ark and support retail area. 2) Prior to final plat, a master si n plan shall submitted to and approved by the Director of Planning or design e, ��ndicati g potential locations and design concept for common signage for the o , e 'park, hich may include on- premise and off - premise signage for the office p rk; s h as entranceway signage, directional o signage, development signs, ide f tion signage, masonry wall signs, monuments signs, and interstate signs. The a ign of all common signage for the development should have a consistent theme d be constructed of similar quality materials and lettering. 3) For the area zoned OPD -CH -1 he ollowing additional allowances, standards and restrictions apply: a. No more than two dri a -throu facilities shall be allowed. Drive - throughs shall comply with th special a eption approval criteria applicable in the CC- 2 Zone, however, special exc tion shall not be required. The Planning and Zoning Commiss' n shall have th authority to act on behalf of the Board of Adjustment wh considering app val of drive - through facilities. b. Accessory out oor display and stor a is allowed only in accordance with the commercial s' a development standa s that apply in the CC -2 Zone. c. The comme ial buildings should be th prominent feature as viewed from the public reets within the developme . To that end, each principal commerci I building shall have at least o ' main building entrance oriented toward t street. Parking areas shall be I ated largely to the side or rear of building , however a maximum of one doub -sided parking aisle may be locate between the building and the street, cept for lots with multiple fronta es, for which only one frontage needs t meet this standard. d. Parki g areas must be setback at least 50 feet om the Interstate 80 right -of- way nd this setback area must be landscaped with trees, shrubs and ground cov r consistent with the general landscaping plan for the office park. e. La d uses are restricted to those allowed in the Highway Commercial (CH -1) Z e, plus the following additional uses: 3 i. Sales- oriented and Personal Service- Oriented Retail Uses up to a maximum of 50,000 square feet per lot; ii. General Animal - Related Commercial Uses; and iii. Specialized Educational Facilities. 4) Site plans for development of every lot shall be reviewed and approved by the Planning and Zoning CommIss' "according to the following standards prior to issuance of a building permit f r the subject lot. Decisions of the Planning and Zoning Commission may be a pealed to the City Council: a. Landscavinq Standards 03 i. On lots zoned R P, the total ground are devoted to open space for natural landscape and landscape beauti cation shall be not less than 35% of the total la d area shown on th site plan. Such open space shall be free of all Ives, parking area ,structures, buildings, and other permanent im rovements, exce t for those walkways, monuments, orname tal structures, nd other features considered to be necessary but es ntial to the c ntral landscape theme. ii. Stormwater facilities all be desi ned as an integral part of the landscaping plan. iii. Building and parking a a plac ent and provision of open space shall take into account nd re and sensitively to the topography and environmental features n t site to the extent possible and as required according to th a proved sensitive areas development plan. iv. Parking areas, loading ra ps, utility areas, and similar vehicular use areas shall be effectivel creened from public view. Screening shall be accomplished throu h he design incorporation of landscaping such as planting scre ns ing both deciduous and evergreen tree and shrub species, a co ination of which have year -round effectiveness; top raphy s ch as the natural or manmade grade differences; stru ral additi ns such as permanent walls; or other equally perman ht and effe 've screening innovations. Any one or combination o screening me ods may be used providing, however, the net result hall be comple entary to the central landscape theme as well as a ectively accompli h the concealment of the area in question. v. Parking all be set back a mini um of 20 feet from City street rights - of -way, 0 feet from the Intersta 80 right -of -way, and 10 feet from all other p operty lines and from co mon drives external to a parking area, xcept in the case of abuttin parking lots for which cross - acc s has been established over he parking areas, which may be co tructed as seamless paving ac oss the property line. ilding facades shall be predomina tly constructed of high quality xterior building materials, including Aindow systems, brick, masonry, stone, stucco, colored and burnished 4pncrete masonry units, architectural pre -cast panels, and archi ctural metal panels. Concrete panels with a veneer of brick & masonry may be approved provided the material gives the appearance of one or more of the high quality building materials listed above. Predominately is defined as at least 75 percent of the exterior of the entire building, but not necessarily of each building wall. Use of high quality building 4 C. materials should be concentrated along building walls that are visible from public streets and public areas or that contain public entrances. ii. Other lower quality or 199SIdu rable exterior building materials, such as smooth -faced concr block, unadorned tilt -uR concrete panels, and EIFS do not qualify s quality building material and should be limited. In no case shall EI S be used within the first 8 et above grade. Lower quality metal siding, such as that used f metal pole buildings, is not allowed. iii. Material and color c anges should generally o cur at a change of plane and at an insi a corner. Material or col r changes at the outside corners of structures that give the impressio of veneer or artificiality of the material are n allowed. i. Buildings must includ interest, reduce the p provide a cohesive ap be articulated by using materials, and change of exterior walls. Stretc architectural features a walls that are within pu ii. Rear and side facades walkways, or shared o materials and detailing iii. Whenever practical, th should match or be co Design linkages are re belt courses, and other similar elements or of Windows should be e details and featur that provide visual cep 'on of them s of the building, and earance to the uilding. Building facades shall olor, window rrangement, change in i plane to v the height, depth, or direction h s of blan all with no windows or other r discour ed, particularly along building bl view, s defined by the Zoning Code. th t are isible from streets, pedestrian OP sp ces shall have the same type of fou on the principal facades of the building. e he hts of walls, cornice or parapet lines con entary to those of neighboring buildings. q re through the placement of window lines, on ntal elements in a pattern that reflects er or ontal lines in neighboring buildings. cesse or otherwise set apart from the building's principal arade to ovide horizontal lines and vertical rhythm to the buil mg. Buildin design should be compatible and harmonious with eighboring b ildings, but variety is also encouraged to prevent mon tony. iv. Building awni s or canopies th t provide a generally consistent cover along edestrian walkways are encouraged. A functional awni/nnop y (minimum 6 fe in depth) is required at entras on retail buildings. rcades may also be used to provher protection for ped trians. v. Tranentries and large groun -level storefront windows are requg street - facing facades f all retail buildings (not inclu ks or hotels /motels). To eet this standard a minimum of 50 0 'of the street - facing building faga between 2 and 10 feet in hei ht from the adjacent exterior grade ust be comprised of tr nsparent (no more than 10% daylight eduction) windows and tinteors. Such windows and doors must be"vertically- oriented in a rior ndard, mainstreet storefront configuration that allow views into the space or be designed as storefront display windows that are t into the wall. Display cases attached to the outside building wall do not qualify. While banks, hotels and motels are not required to meet this standard, transparent entries, and generous fenestration 5 along street - facing facades is encouraged consistent with the intended use of the building. Sianage Standards i. Wall Signs: All signage constructed as wall signs on building fascia within the development shall incorporate aesthetic features compatible with the overall character of the development. All wall signs will be composed of solid individual letters atta ch ' d to the building fascia, or individual letters of anodized alumin m, galvanized metal, or illuminated/self-contained translucent plasf faces set in anodized aluminu returns and trim. Logos shall g nerally be constructed in the ame manner as individual lette including contouring to folio the shape of the logo. In situ tions in which the logo cannot be con ured, a panel sign may be [lowed if the panel is sized and construct d in a manner that minim* es the overall sign size and limits the portion illuminated to just the to o. ii. Freestanding pole sig s, including tall inter ate pole signs, are not allowed. However, on common wide -bas d freestanding sign is allowed along the inter tate frontage to rve lots 4, 5, 6, and 7. Up to one additional common, wide -based fr standing sign is allowed along the interstate front ge to provid identification for other uses within the larger office pa k. Said int rstate signs shall not exceed 30 feet in height or 12 feet in idth a shall be designed in a manner that is consistent with the esign f other signs within the office park. Said interstate signs shall s back a minimum of 20 feet from the interstate right -of -way but s be located within the first 100 feet of lot depth as measured from a interstate right -of -way. The maximum copy area of each sign fac an interstate sign shall not exceed 200 square feet. The sign ma be ouble -faced for a total of 400 square feet. The name of the d elop ent shall be indicated within the top one -fourth of the sign opy are . The maximum letter height for tenant identification py on th sign shall be eighteen (18) inches. iii. Monument signs s II be allow on each lot according to the approved sign pla for the devel pment. Monument signs may exceed the maxi um height spe ified in the Iowa City Zoning Code, but in no case all a monument ign exceed 8 feet in height. iv. For Phase On of the developme t, one of the following sign types, as defined in he Iowa City Zoning ode, is allowed at the entrance to the office p k near the intersection of Moss Ridge Road and Highway 1 and one dditional of said sign typ s is allowed near the intersection of Moss edge Road with the east pr perty line of the Moss Ridge Campu development: Development Sign; Entranceway Sign; or Mason Wall Sign(s). The location a design of these signs shall be identif' din the Master Sign Plan that i approved prior to final plat of Pha 1. The signs shall be identificati n signs for the entire office par and shall not provide identification or individual tenants or bu nesses within the office park. The si n shall be in conformance wi the specifications set forth in Table 5$ -5 of the Iowa City Zoning C de, regardless of the zone in which the sign is located. For future p ses of the office park development, additional locations for similar entranceway signage may be allowed near the intersections of Moss Meadows Road and Creek Preserve Road with Oakdale Boulevard L and /or in locations where other public streets enter the office park development from an abutting property that is not within the development. Specific entranceway sign locations for future phases of the office park shall be determined at the time of final plat for the respective future phase. v. On- or off - premise directional signage may be allowed according to the master sign plan. 4. The Owner and City acknowledg that the conditions contained herein are reasonable conditions to impose on the lanq under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that re caused by the requested zq'ning change. 5. The Owner and City acknowledge t at in the event the subje property is transferred, sold, redeveloped, or subdivided, all development shall co orm with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Con itional Zoning A eement shall be deemed to be a covenant running with the land and Aith title to the I d, and shall remain in full force and effect as a covenant with title to th land, unles or until released of record by the City of Iowa City. The parties further acknowledge that this all successors, representatives, and assil 7. The Owner acknowledge(s) that nothing construed to relieve the Owner or Appl local, state, and federal regulations. / it shall inure to the benefit of and bind parties. s Conditional Zoning Agreement shall be from complying with all other applicable 8. The parties agree that this Condif nal Z Wing Agreement shall be incorporated by reference into the ordinance rezo ' g the s bject property, and that upon adoption and publication of the ordinance, thi agreemen shall be recorded in the Johnson County Recorder's Office at the Owner' expense. Dated this day of CITY OF IOWA CITY By: Matthew J. Hayek, Marian K. Karr, CiYy Clerk 2012. MO S FARMS, INC. By: St phen A. Moss, President Stephen . Moss Sonya S. ss David G. Moss Janet A. Moss 7 Androved by: Attorney's Office CITY's ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of notary public in and for the State of low Karr, to me personally known, who bein City Clerk, respectively, of said munic instrument; that the seal affixed theretc instrument was signed and sealed on bel Council; and that the said Mayor and City of said instrument to be the voluntary voluntarily executed. OWNERS' STATE OF IOWA ) ) ss: JOHNSON COUNTY ) '012, before me, the undersigned, a personally appe-arec Matthew J. Hayek and Marian K. by me duly sworn id say that they are the Mayor and pal corporation xecuting the within and foregoing is the seal of said municipal corporation; that said If of said ML icipal corporation by authority of its City lerk as su officers acknowledged that the execution i and de d of said corporation, by it and by them ry Public in and for the State of Iowa On this day of State of Iowa, personally appe red Stephen A. M duly sworn, did say that he is a President of MO within and foregoing instru nt, that (no seal has the seal of) the corporate ; that said instrumen t corporation by authority o its Board of Directors; officer acknowledged the/execution of said instru corporation, by it and by )him voluntarily executed. ENTS 012, before me, a Notary Public in and for the o s, to me personally known, who, being by me S FARMS, INC., the corporation executing the en procured by) (the seal affixed thereto is as signed (and sealed) on behalf of said an that the said Stephen A. Moss, as such men to be the voluntary act and deed of said Notary I1 in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 2012, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Stephen A. Moss and Sonya S. Moss, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing innt, and acknowledged that they executed the same as their voluntary act and deed. Sr r '; Notary Public in brad for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 2012, before me, the undersigned, a Notary Public in and for said County, in aid State personally appeared David G. Moss and Janet A. Moss, husband and wife, to me nown t be the identical persons named in and who executed the within and foregoing instrume t, and cknowledged that they executed the same as their voluntary act and deed. Public in and for the State of Iowa �j sC Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00014) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY .034 ACRES LOCATED AT 518 BOWERY STREET AS AN IOWA CITY HISTORIC LANDMARK. (REZ12- 00014) WHEREAS, the applicant, Michelle Wiegand, has requested rezoning of a property located at 518 Bowery Street to include designation as an Iowa City Historic Landmark; and WHEREAS, the Historic Preservation element of the Comprehensive Plan encourages the identification and preservation of historic resources significant to Iowa City's past; and WHERAS, research conducted on behalf of the applicant revealed that this property may date to the Civil War era, is one of the few remaining examples of a neighborhood grocery store, and the Historic Preservation Commission and State Historical Society have determined that it is worthy of preservation; and WHEREAS, the Planning and Zoning Commission has found the designation as an Iowa City Historic Landmark to be in compliance with the Comprehensive Plan and has recommended approval. 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 to include a designation of Iowa City Historic Landmark: LEGAL DESCRIPTION THE EAST 21 FEET OF SOUTH 70 FEET OF LOT 15, BLOCK 6, LYONS 2ND ADDITION, IOWA CITY, 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 day of 2012. MAYOR ATTEST: CITY CLERK App ved by City Attorney's Office -2 11 ill Z 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 9/18/2012 Vote forpassage: AYES: Dickens, Hayek, Mims, Throgmorton, Champion. NAYS: Dobyns ABSENT: Payne. Second Consideration 101212012 Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, NAYS: Dobyns. ABSENT: None. Date published 5d Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 ORDINANCE NO. _12 -4497 AN ORDINANCE AMENDING TITLE 14, ZONING CODE, DEFINING SMALL WIND ENERGY CONVERSION SYSTEMS AND ESTABLISHING REGULATIONS TO ALLOW THESE SYSTEMS AS ACCESSORY USES IN CERTAIN ZONES BY SPECIAL EXCEPTION. WHEREAS, Wind Energy Conversion Systems or, as more commonly referred to, wind turbines, are not currently an allowed principal or accessory use in Iowa City; and WHEREAS, this ordinance intends to balance the need for clean, renewable energy resources and protecting the public health, safety and welfare of the community; and WHEREAS, regulations in this amendment allow Small Wind Energy Conversion Systems while ensuring they are appropriately designed, located and installed; and WHEREAS, Small Wind Energy Conversion Systems are distinguished from larger utility - scale wind turbines by their limited size, generating capacity and that they must be accessory to the principal use or uses on a property and as such are more appropriately scaled for an urban setting; and WHEREAS, the Planning and Zoning Commission has reviewed this ordinance and recommends approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amend Title 14, Chapter 9, Definitions, by adding a new Article G, as follows: Article G. Small Wind Energy Conversion Systems (SWECS) Definitions As used in Subsection 14- 4C -2Y, Small Wind Energy Conversion Systems, the following definitions shall apply. The General Definitions contained in Article A of this Chapter shall apply to all terms used in said subsection that are not defined below. HUB HEIGHT: The distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached. OFF -GRID: An electrical system that is not connected to utility distribution and transmission facilities or to any building or structure that is connected. PRIVATE WIND GENERATOR: An electricity - generating apparatus, whose primary purpose is to produce electricity for use on site, consisting of one wind turbine per parcel, with a generating capacity no larger than ten (10) kilowatt. SHADOW FLICKER: Changing light intensity caused by sunlight passing through the moving blades of a wind energy conversion system. SMALL WIND ENERGY CONVERSION SYSTEM (SWECS): A wind energy conversion system which has a nameplate rated capacity of up to ten (10) kilowatts for residential uses and up to one hundred (100) kilowatts for non - residential uses and which is accessory to a principal use on the same property. A system is considered a SWECS only if it supplies electrical power solely for the use or uses on the subject property, except that when a property on which the system is installed also receives electrical power supplied by a utility company, Ordinance No. 12 -4497 Page 2 excess electrical power generated and not presently needed for on -site use may be used by the utility company in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code, as amended. SMALL WIND ENERGY CONVERSION SYSTEM, BUILDING MOUNTED: A SWECS which is securely fastened to any portion of a principal building in order to achieve desired elevation, whether attached directly to the principal building or attached to a tower structure which is in turn fastened to the principal building. SMALL WIND ENERGY CONVERSION SYSTEM, FREE STANDING: A SWECS which is elevated by means of a monopole tower only and is not located on another supporting structure except that the tower shall have an appropriately constructed concrete base. Guyed, lattice, or other non - monopole style towers shall not meet this definition. SMALL WIND ENERGY CONVERSION SYSTEM, HORIZONTAL AXIS: A small wind energy conversion system that has blades which rotate through a horizontal plane, as shown in the illustration below. SMALL WIND ENERGY CONVERSION SYSTEM, VERTICAL AXIS: A small wind energy conversion system that has blades which rotate through a vertical plane, as shown in the illustration below. TOTAL EXTENDED HEIGHT: The height above grade to a blade tip at its highest point of extension. TOWER: The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground. WIND ENERGY CONVERSION SYSTEM (WECS): An aggregation of parts including the foundation, base, tower, generator, rotor, blades, supports, guy wires and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy, e.g., wind charger, windmill or wind turbine. WIND TURBINE GENERATOR: The component of a wind energy conversion system that transforms mechanical energy from the wind into electrical energy. B. Amend Title 14, Section 4C -2, Specific Approval Criteria, by adding a new subsection Y, as follows: Ordinance No. 12 -4497 Page 3 Y. Small Wind Energy Conversion Systems Small Wind Energy Conversion Systems (SWECS) are allowed as accessory uses in certain zones subject to the applicable approval process, standards and restrictions as set forth in this subsection. 1. Permit Required: a. It shall be unlawful to construct, erect, install, alter or locate a SWECS within the City of Iowa City, unless the owner /operator has obtained a building permit from the City of Iowa City. b. The owner /operator of the SWECS shall obtain all applicable permits required by federal and state law prior to constructing the system. 2. Applicability and Approval Process a. Building- mounted SWECS are allowed in the CI -1, CC -2, CH -1, CB -5, CB- 10, 1 -1, 1 -2, RDP, ORP, P1, P2, and ID Zones, in accordance with the standards and restrictions set forth in this subsection. b. Freestanding SWECS that do not exceed a total extended height of 45 feet are allowed in the 1 -1, 1 -2, RDP, ORP, P1, P2, ID -I, and ID -RP Zones, in accordance with the applicable standards and restrictions set forth in this subsection. A special exception is required, however, for any freestanding SWECS proposed within 300 feet of a residential zone boundary. c. A special exception is required for any freestanding SWECS that exceed a total extended height of 45 feet in the 1 -1, 1 -2, RDP, ORP, P1, P2, ID -1, and ID -RP Zones. 3. Feasibility Study Recommended a. It is highly recommended that a feasibility study be made of any site prior to installing a wind turbine. The feasibility study should include measuring actual wind speeds at the proposed turbine site for at least 3 months. The applicant for a SWECS building permit shall indicate whether a feasibility study has been conducted and the results of any such study. b. The grant of a special exception or issuance of a building permit for a SWECS does not constitute the granting of an easement by the City of Iowa City. The SWECS owner /operator shall have the sole responsibility to acquire any covenants, easements, or similar rights to assure or protect access to sufficient wind as may not be necessary to operate the SWECS. 4. Size and Number Of Systems Per Lot a. If allowed in the subject zone, no more than one (1) freestanding SWECS that is taller than the tallest existing principal building on the property may be permitted. If allowed in the subject zone, additional freestanding SWECS that conform to setback requirements and other standards contained herein and that are no taller than the tallest existing principal building located on said property may be permitted. Additional building mounted SWECS may be allowed within the parameters of this subsection. b. Any one SWECS proposed for the subject property may not exceed a nameplate rated capacity greater than 100 kilowatts. However, in no case shall the generating capacity of aggregated SWECS on a property exceed anticipated energy needs for on -site consumption. 5. Lot Size Standards a. The minimum lot size for a freestanding SWECS shall be one (1) acre. Ordinance No. 12 -4497 Page 4 b. The minimum lot size for a building- mounted SWECS shall be one (1) acre if mounted on a building five (5) stories or less in height. c. There shall be no minimum lot size for building- mounted SWECS if mounted on a building six (6) or more stories in height. 6. Setbacks a. The minimum distance between any freestanding SWECS and any property line or any existing, proposed, planned, or anticipated public street right -of -way or public trail shall be a distance that is equivalent to one hundred fifteen percent (115 %) of the total extended height. If the certificate of insurance for the SWECS requires a greater setback than the setback required herein, the setback shall be increased to meet the insurance requirement. The setback shall be measured from the point of the SWECS closest to the property line or existing, proposed, planned, or anticipated public street right -of -way or public trail, including the blade at its greatest horizontal extension. b. The required setback for any building- mounted SWECS shall be equal to the required setback of the principal building to which the SWECS is to be attached. 7. Additional Siting Standards a. No portion of a vertical axis SWECS blade shall extend within 12 feet of the ground. b. No portion of a horizontal axis SWECS blade shall extend within 30 feet of the ground. c. The blades of any freestanding SWECS may not extend within 20 feet of a parking area, driveway, tree, structure, outdoor use area, pedestrian walkway, or above - ground utility structure or facility. d. No part of a SWECS shall be located within or over drainage, utility or other established easements. e. No SWECS shall be constructed so that any part thereof can extend within 20 feet laterally of an overhead electrical power line (excluding secondary electrical service lines or service drops). The setback from underground electric distribution lines shall be at least five (5) feet. f. A SWECS shall be located in compliance with the guidelines of applicable Federal Aviation Administration (FAA) regulations as amended. 8. Height Standards Small Wind Energy Conversion Systems are exempt from the maximum height standards of the base zone, however the following height restrictions apply: a. For freestanding SWECS, the Total Extended Height of SWECS shall not exceed the following: (1) For lots of one (1) but fewer than three (3) acres: 65 feet maximum. (2) For lots of three (3) to seven (7) acres: 80 feet maximum (3) For lots more than seven (7) acres, but less than fifteen (15) acres: 100 feet maximum (4) For lots more than 15 acres: 150 feet maximum b. For building- mounted SWECS, the hub height shall not be more than 10 feet higher than the point of attachment to the building on which it is attached. Ordinance No. 12 -4497 Page 5 9. Design Standards a. Only monopole towers shall be permitted for freestanding SWECS. Lattice or guyed towers of any other type are prohibited. b. Freestanding SWECS shall be a neutral color such as white, sky blue or light gray. Building mounted SWECS shall match or be complementary in color to the building to which it is attached. Other colors may be allowed at the discretion of the Board of Adjustment. The surface shall be non - reflective. c. No lights shall be installed on the tower, unless required to meet FAA regulations. d. No signage or advertising of any kind shall be permitted on the tower or any associated structures. e. The tower must be designed to prevent climbing within the first twelve feet (12') of height above grade. 10. Coordination with local utility company a. Utility Notification: The City of Iowa City shall notify the applicable utility company of receipt of an application to install an interconnected customer - owned generator. Off -grid systems shall be exempt from this notification requirement. b. Interconnection: The SWECS, if not off -grid, shall meet the requirements for interconnection and operation as set forth by the utility and the Iowa Utilities Board. No permit of any kind shall be issued until the City of Iowa City has been provided with a copy of an executed interconnection agreement. Off -grid systems shall be exempt from this requirement. c. Restriction On Use Of Electricity Generated: A SWECS shall be used exclusively to supply electrical power to the owner for on -site consumption, except that excess electrical power generated by the SWECS and not presently needed for use by the owner may be used by the utility company in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code, as may be subsequently amended. 11. Performance Standards An applicant shall provide evidence to the City that the following standards will be met: a. Noise: A SWECS shall be designed, installed and operated so that the noise generated does not exceed 50 decibels (dBA) when measured from the nearest point on property line to the SWECS. b. Shadow Flicker: No SWECS shall be installed and operated so to cause a shadow flicker to fall on or in any existing residential structure. c. Safety Controls: Each SWECS shall be equipped with both automatic and manual braking, governing, or feathering system to prevent uncontrolled rotation, over - speeding, and excessive pressure on the tower structure, rotor blades, or turbine components. Said automatic braking system shall also be capable of stopping turbine rotation in the event of a power outage so as to prevent back feeding of the grid. d. Structural Integrity: Building mounted SWECS shall be prohibited unless the owner has obtained a written analysis from an Iowa licensed structural engineer determining that installation of a SWECS will not cause damage to the structure and that the SWECS can be securely fastened so as to not pose a hazard caused by detaching from the structure. Ordinance No. 12 -4497 Page 6 e. Maintenance: Facilities shall be well maintained in accordance with manufacturer's specifications and shall remain in an operational condition that poses no potential safety hazard nor is in violation of any provisions contained within this Article or elsewhere within the City of Iowa City code. f. Shut Off: A clearly marked and easily accessible shut off for the wind turbine will be required as determined by the Building Official. g. Electromagnetic Interference: All SWECS shall be designed and constructed to not cause radio and television interference. If it is determined that the SWECS is causing electromagnetic interference, the owner /operator shall take the necessary corrective action to eliminate this interference including relocation or removal of the facilities, subject to the approval of the Building Official. A special exception or permit granting a SWECS may be revoked if electromagnetic interference from the SWECS becomes evident. h. Compliance with National Electric Code: Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the design and manner of installation conforms to the state National Electric Code. i. Insurance: A person seeking a building permit to erect a small wind energy system shall provide evidence, in the form of a certificate of insurance satisfactory to the City of Iowa City, showing general liability insurance coverage for the installation and operation of the system under a standard business owner's insurance policy, separate and distinct from any insurance requirements of a public utility. j. Engineer Certification: Applications for any SWECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of all components of the SWECS showing compliance with the applicable regulations and certified by an Iowa licensed professional engineer shall also be submitted. k. Installation: Installation must be done according to manufacturer's specifications. All wiring and electrical work must be completed according to the applicable building and electric codes. All electrical components must meet code recognized test standards. Removal: If the SWECS remains nonfunctional or inoperative for a continuous period of six (6) months, the system shall be deemed to be abandoned. The SWECS owner and /or the owner of the property shall remove the abandoned system at their expense. To comply with this requirement, the entire structure, transmission equipment and any surrounding fencing must be removed from the property, excluding foundations. Non - function or lack of operation may be proven by reports from the interconnected utility. For off -grid systems the City of Iowa City shall have the right to enter the property at its sole discretion to determine if the off -grid system is generating power. Such generation may be proven by use of an amp meter. The SWECS owner /operator and any successors shall make available to the Director of Housing and Inspection Services or designee any and all reports or documents needed to determine functionality, if requested. If removal of towers and appurtenant facilities is required, the Director of Housing and Inspection Services Department or designee shall notify in writing the SWECS owner and /or the owner of the property on which the SWECS is located. Removal shall be completed within six (6) months of the date of said written notice. Ordinance No. 12 -4497 Page 7 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part 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 2nd day of October , 2012. kyj el ATTEST: CI LERK 7 Ap roved by City Attorney's Office ® �'z Ordinance No. 12 -4497 Page 8 It was moved by Champion and seconded by Mims that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 9/4/2012 Vote for passage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: None. Second Consideration 9/18/2012 Vote for passage: AYES: Dobyns, Hayek, Mims, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: Payne. Date published 10/11/2012