HomeMy WebLinkAbout2012-10-23 OrdinanceS��
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00020)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 1.1 ACRES LOCATED AT 2225 MORMON TREK
BOULEVARD FROM INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMM ICAL (CC -2). (REZ12-
00020)
WHEREAS, the apple ant, Terry Lockridge and Dunn World Trend Financial, s requested a rezoning
of the property located at 25 Mormon Trek Boulevard from Intensive Comm rcial (CI -1) to Community
Commercial (CC -2); and
WHEREAS, the Southwes District Plan future land -use map indicates t appropriate use for this area
as general commercial, which is ' tended to provide opportunity for a larg variety of commercial uses that
serve a major segment of the com unity; and /
WHEREAS, the subject prope is located within the West Side P rk subdivision, and the West Side
Park subdivision has evolved from its iginal plan of being a commerci and light industrial park into an area
that contains residential and commercia ses; and
WHEREAS, the Planning and Zonin Commission has the re sewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY E CITY COUNCI OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property desc ' ed below is reby reclassified from its current zoning
designation of CI -1 to CC -2:
THAT PART OF LOT 41 OF WEST SIDE PARK DNXCRIBED AS AUDITOR'S PARCEL #20001069 IN
SURVEY BOOK 43, PAGE 134 IN THE JOHN,1\a Y, IOWA RECORDER'S OFFICE
SECTION II. ZONING MAP. The Buildii hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to his amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RE RIDING. pon sage and approval of the Ordinance, the
City Clerk is hereby authorized and directed y of thi ordinance and to record the same, at the
office of the County Recorder of Johnson C unty, Iowa, the owne expense, all as provided by law.
SECTION IV. REPEALER. All ordin ces and parof ordinan s in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If y section, provisn or part of th Ordinance shall be adjudged to be
invalid or unconstitutional, such adju cation shall not act the validity o he Ordinance as a whole or any
section, provision or part thereof no djudged invalid or constitutional.
This Ordinance shall be in effect after ds final passage, approval and
publication, as provided by law.
MAYOR
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ATTEST:
CITY CLERK
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Approved by
City Attorney's Office
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Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00020)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 1.1 ACRES LOCATED AT 2225 MORMON TREK
BOULEVARD FROM INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMMERICAL (CC -2). (REZ12-
00020)
WHEREAS, the applicant, Terry Lockridge and Dunn World Trend Financial, has requested a rezoning
of the property located at 2225 Mormon Trek Boulevard from Intensive Commercial (CIA) to Community
Commercial (CC -2); and
WHEREAS, the Southwest District Plan future land -use map indicates the appropriate use for this area
as general commercial, which is intended to provide opportunity for a large variety of commercial uses that
serve a major segment of the community; and
WHEREAS, the subject property is located within the West Side Park subdivision, and the West Side
Park subdivision has evolved from its original plan of being a commercial and light industrial park into an area
that contains residential and commercial uses; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning 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 of CIA to CC -2:
LEGAL DESCRIPTION
THAT PART OF LOT 41 OF WEST SIDE PARK DESCRIBED AS AUDITOR'S PARCEL #20001069 IN
SURVEY BOOK 43, PAGE 134 IN THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE
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.
MAYOR
ATTEST:
CITY CLERK
Ap oved by % J
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
that the
First Consideration 10/23/2012
Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
S-�-
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 3r- 356 -5240 (REZ12 -00020)
ORDINANCE NO.
ORDINANCE EZONING APPROXIMATELY 1.1 ACRES LOCATED AT 2225 MORMON TREK
BOULEVARD FRO INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMMERICAL (CC -2). (REZ12-
00020)
WHEREAS, the app ant, Terry Lockridge and Dunn World Trend F
of the property located at 25 Mormon Trek Boulevard from Intensive
Commercial (CC -2); and
WHEREAS, the Southwes istrict Plan future land -use map ini
as general commercial, which is . tended to provide opportunity for
serve a major segment of the com nity; and
WHEREAS, the subject prope is located within the West Si
Park subdivision has evolved from its o ' inal plan of being a com
al, has requested a rezoning
mercial (CI -1) to Community
the appropriate use for this area
variety of commercial uses that
Park subdivision, and the West Side
31 and light industrial park into an area
that contains residential and commercial es; and
WHEREAS, the Planning and Zoning Commission has th reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY T CITY COON IL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property descri d below i hereby reclassified from its current zoning
designation of CI -1 to CC -2:
LEGAL RIPTION
WEST SIDE PARK THAT PART OF LOT 41 DAUN ED AS AU DITOR'S PARCEL #20001069 IN
SURVEY BOOK 43, PAGE 134 IN THE JOHNSON , IOWA RECORDER'S OFFICE
SECTION II. ZONING MAP. The Building I spector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to c form to this am \inonflict t upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RE ORDING. Upon pand approval of the Ordinance, the
City Clerk is hereby authorized and directed certify a copy of thince and to record the same, at the
office of the County Recorder of Johnson C unty, Iowa, at the ownnse, all as provided by law.
SECTION IV. REPEJAII rdina ces and parts of ordinin onflict with the provis ions of this
Ordinance are hereby repSECTION V. SEVERn section, provision or pa Ordi ance shall be adjudged to be
invalid or unconstitutionalic tion shall not affect the vf the rdinance as a whole or any
section, provision or part tudged invalid or unconstituSECTION VI. EFFEC. This Ordinance shall be in after its fin I passage, approval and
publication, as prov ided by law.
MAYOR
'S
"I i iv
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
5g
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00014)
ORDINANCE NO. 12 -4498
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 23rd day of October 2012.
LTA MIAMI-
ATTEST:.
CI Y CLERK
Z t'A ved by
City Attorney's Office °i
Ordinance No. 12 -4498
Page 2
It was moved by Mims and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
—x
x
x
x
x
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 9/18/2012
Voteforpassage: AYES: Dickens, Hayek, Mims, Throgmorton, Champion. NAYS: Dobyns;
ABSENT: Payne.
Second Consideration 10 / 2 / 2012
Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens,
NAYS: Dobyns. ABSENT: None.
Date published
M }cr
Sh
Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ12 -00005 and
REZ12- 00006)
ORDINANCE NO. 12 -4499
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. 12 -4499
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 °07' East 913.8 feet along said East line;
thence North 90 °00 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 °31'
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 44 056' 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 °07' 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 2 007'
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 90 000' 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. 12 -4499
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 °56' West 425.7 feet; thence North 90 °00' West 402.3 feet; thence North
79 007' West 60.0 feet; thence South 10 053' 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 °31' 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 °00' 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 2 015' 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. 12 -4499
Page 4
Passed and approved this 23rd day of October 2012.
n
MAYOR
ATTEST:2LOL 1'C 7C
CITY CLERK
Approved by
City Attorney's Office
;2 0//
Ordinance No. 12 -4499
Page _5_
It was moved by Mims and seconded by Payne 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 10/2/2012
Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Champion.
NAYS: Throgmorton. ABSENT: None.
Second Consideration
Vote for passage:
Date published 11/1/2012
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: Hayek, Mims, Payne, Throgmorton, Champion,
Dickens, Dobyns. NAYS: None-. ABSENT: None.
f'1
Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, !A 52240 (319) 356 -5259 (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 Farms, 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 (1D -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 2 007' 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 drive - through 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 with 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
L 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
L 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
i. 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.
H. 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 fagade 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 hotels /motels). 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. 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 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 tap 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
In
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.
20
Dated this c%3 day of _ 0crogV-p-
CITY OF IOWA CITY
Matthew J. Hayek, Ma or
Attest:
Marian K. Karr, City Clerk
7
MOSS M , INC.
By:
Stephe A. Moss, President
Approved by:
I
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
. Ak -
Stephen A. Moss
Sonya s. ss
Sp a of St he�nfA. Moss
David G. Mass
4� cla
JoKet A. Moss
Spouse of David G. Moss
On this a3 kl� day of DrosEx , 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 sealed on behalf of said municipal corporation by authority of its City
Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution
of said instrument to be the voluntary act and deed of said corporation, by it and by them
voluntarily executed.
DSONDRAE FORT Commission Number 159791 My commission Expires Notary Public In and for the State of Iowa
7
My commission expires: 3(7) S
1.1
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA ) -
ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on Septembei` , 2012 by Stephen A. Moss as
President of Moss Farms, Inc.
�F. MARK C. DANIELSON
_ Commission N Ares Notary Public in
ot+ November 30, 2013
(Stamp or Seal)
Title (and Rank)
INDIVIDUAL ACKNOWLEDGEMENT:
STATE OF IOWA
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on September
Sonya S. Moss.
8 MARK C. DANIELS"
o Commission Number 1541683
1 My
Comm ission Expirss
•
rac,i} November 30, 2013
said County and State
, 2012 by Stephen A. Moss and
My commission expires:
A
INDIVIDUAL ACKNOWLEDGEMENT.
STATE OP('o b )
P.,-000Q<- 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
My commission expires; LO , �0-ec.,6
llq tme
BTATEOFOOOADD
NOTARYD201MIM
W NE>M&OGW10, 2016
10
CHARLES T. TRAW
RANDALL B. WILLMAN
STEVEN E. BALLARD
MARK C. DANIELSON
TIMOTHY S. GRADY
THOMAS E. MAXWELL
PATRICK J. FORD
MICHAEL J. HARRIS'
"Also admitted in Illinois
THE LAW OFFICES OF
LEFF LAW FIRM, L.L.P.
222 SOUTH LINN STREET
P.O. BOX 2447
IOWA CITY, IOWA
52244 -2447
TELEPHONE: (319) 338 -7551
FACSIMILE: (319) 338 -69D2
www.lefflaw.com
October 8, 2012
Ms. Karen Howard
Via email only: Karen- howard@iowa- city.org
Dear Karen:
ARTHUR O. LEFF (1906 -1989)
PHILIP A. LEFF (Of Counsel)
R. BRUCE HAUPERT (Of Counsel)
Writer's email• danielsoii@lefflaw.com
On behalf of Stephen Moss, David Moss and Moss Farms, Inc., I
respectfully request that the second and third readings of the
Conditional Zoning Agreement identified as REZ12 -00005 and
REZ12 -00006 be collapsed and considered at the next available
City Council Meeting.
kam/ MCD /MosaSteve /HowardKarenit:r1012
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