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HomeMy WebLinkAbout2013-01-08 Ordinance5c Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00024) ORDINANCE NO. REZONING ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVERLAY MEDIUM - DENSITY SINGLE - FAMILY (OPD -8) PLAN FOR 6.53 ACRES LOCATED AT CAMP CARDINAL BOULEVARD, RYAN COURT AND PRESTON LANE TO CHANGE TOWNHOUSE STYLE UNITS TO ZERO LOT LINE DWELLINGS. (REZ12- 00024) WHEREAS, the applicant, Southgate Development Services, has requested an amendment to the Planned Development Overlay Medium - Density Single Family (OPD -8) Plan to change 39 townhouse -style units to 18 zero lot line dwellings for property located at Ryan Court south of Preston Lane; and WHEREAS, the applicant has indicated there is currently more demand in the market for dwellings with living space contained on a single floor rather than on multiple levels found in a townhouse; and WHEREAS, the overall development would continue to contain a variety of housing types— detached single - family, townhouse and attached single - family; and WHEREAS, the Zoning Code requires that when attached housing units are built in what is otherwise a single - family zone, the units must be designed to minimize front yard paving and that emphasis must be placed on the residential aspect of each building rather than on the garage; and WHEREAS, the applicant has addressed this requirement by including front porches that are located forward of the garage; 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. The Planned Development Overlay (OPD) Plan for property described below is hereby amended as shown on the preliminary plat and OPD plan attached hereto and incorporated herein by this reference: Lots 22 through 39 of Cardinal Pointe South – Part Two, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 52, at page 279, in the records of the Johnson County Recorder's Office, containing 6.53 Acres. 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. Ordinance No. Page 2 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 , 2013. MAYOR ATTEST: CITY CLERK Appr ved by City Attorney's Office i %It Jill 11. Zw grY W� W� >Q co oi— M 0 y Z : — Z 5 U) CL w oz- � O '3�8 C' J �Q Z Z _ �0�/ J Ld_ iUa I g d * a $8y l hill, ep Rll i 311' ��4e! pill" a „ 111 111 IN j , ",i11 Q c'tlr z I14! !99 1 110 1 .. R =ii �f aaaaar Jill ga��gllr� ii I � a��,H.•�••J 111 :� '�� ��� a a €sh N Q Z 0 a 0 J 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 12/18/2012 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Second Consideration 1/8/2013 Vote for passage: AYES: Dickens, Champion. NAYS: NSne. ABSENT: Date published Dobyns, Hayek, Mims, Payne, Throgmorton, None. 5d Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00027) ORDINANCE NO. REZONING ORDINANCE TO DESIGNATE THE JEFFERSON STREET NATIONAL REGISTER HISTORIC DISTRICT AS A HISTORIC PRESERVATION OVERLAY (OHP) ZONE. (REZ12- 00027) WHEREAS, the applicant,. the Iowa City Historic Preservation Commission, has requested approval of a zoning ordinance to designate the Jefferson Street National Register Historic District as a Historic Preservation Overlay (OHP) zone; and WHEREAS, the proposed Jefferson Street Historic District has been listed on the National Register of Historic Places; and WHEREAS, Iowa City Historic Preservation Plan, contained in the Iowa City Comprehensive Plan, supports this designation due to the high concentration of historic buildings; and . WHEREAS, the Central District Plan shows the area as a mixture of institutional uses, including university buildings and religious institutions and a mixed use area of residential and commercial buildings, and the mixed use zoning that applies to much of this areas was specifically developed for Jefferson Street as a way of encouraging the preservation of current buildings by allowing them to be used for either residential or commercial uses; and WHEREAS, the City's Strategic Plan contains the goal of stabilizing neighborhoods surrounding the city core; and WHEREAS, the establishment of a local historic district would further implement the City's policies of preserving the historic building stock; and WHEREAS, the Iowa City Municipal Code authorizes the Historic Preservation Commission to recommend and the City Council to designate historic districts, where deemed appropriate, as a means of preserving the neighborhood character of traditional Iowa City neighborhoods, or for preserving areas that exemplify unique or distinctive development patterns; and WHEREAS, the Historic Preservation Commission believes that the designation of the Jefferson Street Historic District will help stabilize one of Iowa City's oldest neighborhoods by providing for design review of exterior changes, building demolition, and new construction, which will assure compatibility with the existing character of the district, and will preserve the neighborhood for future residents of Iowa City; and WHEREAS, the Planning and Zoning Commission believes that designating the Jefferson Street Historic District is in accordance with the Comprehensive Plan the Zoning Code, and will provide a stabilizing effect on the neighborhood and has recommended approval of the designation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby designated as a Historic District Overlay (OHD) Zone: AN AREA CONTAINING BLOCK 46: S 50' of LOT 4 AND LOTS 5, 6, 7, 8; BLOCK 59; S 74' OF LOT 1 AND S 96' OF LOT 5 AND LOTS 6, 7, 8; BLOCK 67: LOTS 5, 6, 7, 8; BLOCK 78: LOTS 5, 6, 7, 8; BLOCK 79: LOTS 2 & 3 AND THE EAST 19' OF LOT 4, AND THE NORTH 80' OF LOT 1; BLOCK 60: LOT 1; BLOCK 45: LOTS 1, 2, 3,4; ALL IN ORGINAL TOWN, IOWA CITY, 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 No. Page 2 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 2013. MAYOR ATTEST: CITY CLERK Appr ved by 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 12/18/2012 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration 11912013 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Date published s� Marian Karr From: Jim Hayes <jhayes @hlplc.com> Sent: Wednesday, December 19, 2012 11:18 AM To: Council Dear Council Members: Thank you very much for your unanimous support of the Jefferson Historic District last night. This was a huge step for neighborhoods and for the protection of our architectural heritage. What you did collectively says a lot about our City, and I'm very happy for your action and proud of what you did. Jim Hayes Marian Karr From: bnwagner1 @mchsi.com Sent: Wednesday, December 19, 2012 11:57 AM To: Council Subject: Jefferson St. Council Members: My husband and I strongly encourage the City council to save Jefferson Street as a local Historic District. Barbara and Frank Wagner, Woodlawn Ave., Iowa City, Iowa Marian Karr From: Baldridge, Thomas H <thomas- baldridge @uiowa.edu> Sent: Wednesday, December 19, 2012 4:25 PM To: Council Dear Councilors -- Many thanks for your unanimous votes last evening to establish the Jefferson Street Historic Preservation District. Greatly appreciated. I was greatly pleased (and suprised) by the wide variety of citizens who spoke in favor. I suspect that made if possible for the 7 -0 vote. Happy Holidays!! Tom Baldridge Marian Karr From: T Rosenberger <t.rosenberger @mchsi.com> Sent: Friday, December 21, 2012 10:48 AM To: Council Subject: Jefferson Street Historic District Dear Council Members: On behalf of the Board of Directors and the membership of Friends of Historic Preservation, I would like to thank you for your prompt attention to, thoughtful consideration of, and unanimous passage of the first reading to establish the Jefferson Street Historic District. As was stated many times on Tuesday night, this is not just about some buildings on Jefferson, but rather this is about community. So much has already been lost, that preserving what is remaining is vitally important to maintaining the history of Iowa City for future generations. Thank you again. Sincerely, Tom Rosenberger, President Iowa City Friends of Historic Preservation This correspondence will become a public record. i— x8-13 5e Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00028) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING .22 ACRES OF LAND LOCATED AT 221 AND 225 NORTH LINN STREET AND THE ADJACENT .07 ACRE LOT ASSOCIATED WITH THE MIDAMERICAN SUBSTATION FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS -12) TO CENTRAL BUSINESS SERVICE (CB -2). (REZ12- 00028) WHEREAS, the applicant, Northside Commons, LLC, has requested a rezoning of property located at 221 N. Linn Street and 225 N. Linn Street Street from Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2); and WHEREAS, in order to prevent an remnant island of RNS -12 zoning along Linn Street, MidAmerican Energy has agreed to a rezoning of the .07 acre substation property located on Linn Street directly south of the applicant's property at 221 N. Linn Street from RNS -12 to CB -2; and WHEREAS, the Central District Plan, an element of the Comprehensive Plan, contains policies and a land use plan map to guide development within the Northside Marketplace and to maintain the main street, mixed use character of the neighborhood; and WHEREAS, the Central District Plan was amended in 2011 to indicate that Urban Commercial development is appropriate on these properties; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning, determined that it complies with the Comprehensive Plan and recommends approval of the application provided that it meets conditions addressing the need for development that will maintain the main street, mixed -use character of the Northside Marketplace, the need for upgrades to the public alley to accommodate the increased traffic generated by the increase in allowable commercial and residential density, limits on the size of the residential units to ensure compatibility with the adjacent neighborhood stabilization zone, the need for careful design of the building and the streetscape to fit into the scale and character of the neighborhood; and the need for safe vehicular access along Bloomington Street; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owners and applicant have agreed that the properties at 221 and 225 N. Linn Street shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2): Beginning at the Northeast Corner of Lot 1 of the Original Town of Iowa City, in accordance with the Plat thereof Recorded in Book 1, at Page 116, of the Records of the Johnson County Recorder's Office; Thence S00 °15'52 "E, along the East Line of said Lot 1, a distance of 110.74 feet; Thence N89 °56'15 "W, 80.66 feet, to a Point on the East Line of Lot 2 of said Original Town Of Iowa City; Thence S00 011'16 "E, along said East Line, 39.80 feet, to the Southeast Corner thereof; Thence N89 056'15 "W, along the South Line of said Lot 2, a distance of 20.00 feet; Thence N0001 1'16"W, 29.95 feet; Thence Northeasterly, 34.14 feet, along an arc of a 36.25 foot radius curve, concave Southeasterly, whose 32.89 foot chord bears N26 004'39 "E;Thence Northeasterly, 24.35 feet, along an arc of a 26.11 foot radius curve, concave Northwesterly, whose 23.48 foot chord bears N26 042'37 "E; Thence N00 °08'07E ", 70.21 feet, to a Point on the North Line of said Lot 1; Thence S89 048'53 "E, along said North Line, 74.94 feet, to the said Point of Beginning. Said Rezoning Parcel contains 9,575 square feet and is subject to easements and restrictions of record. Ordinance No. Page 2 SECTION II APPROVAL. The following property is hereby reclassified from its current zoning designation of Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2): Beginning at the Southeast Corner of Lot 1 of the Original Town of Iowa City, in accordance with the Plat thereof Recorded in Book 1, at Page 116, of the Records of the Johnson County Recorder's Office; Thence N89 °56'15 "W, along the South Line of said Lot 1, a distance of 80.71 feet, to the Southwest Corner of said Lot 1; Thence N00 °11'16 "W, along the West Line of said Lot 1, a distance of 39.80 feet; Thence S89 °56'15 "E, 80.66 feet, to a Point on the East Line of said Lot 1; Thence S00 015'52 "E, along said East Line, 39.80 feet, to the Point of Beginning. Said Parcel contains 3,211 square feet and is subject to easements and restrictions of record. SECTION III. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION IV. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION V. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION VI. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VII. 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 VIII. 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 , 201 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 12/18/2012 Vote for passage: AYES: Hayek, Mims, Throgmorton, Champion, Dickens, Dobyns. NAYS: None. ABSENT: NONE. ABSTAIN: Payne. Second Consideration 1/8/2013 Vote for passage: AYES: Hayek, Mims, Throgmorton, Champion, Dickens, Dobyns. NAYS: None. ABSENT: None. ABSTAIN: Payne. Date published Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ12- 00028) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and 221 -225 Linn LC (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately .22 acres of property located at 221 and 225 N. Linn Street, Iowa City, Iowa; and WHEREAS, the Owner has requested the rezoning of said properties from Neighborhood Stabilization Residential (RNS -12) to Central Business Service (CB -2) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the mix of residential units and number of bedrooms, the design of the building, the installation of landscaping and street furniture, improvement to the alley to provide access to the parking, and closure of a driveway on Bloomington Street to ensure that safe access to the new building can be achieved, the requested zoning is consistent with the Comprehensive Plan as amended; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for compatibility with the Northside Marketplace and the adjacent residential neighborhood; and WHEREAS, the Owner agrees to develop these properties in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. 221 -225 Linn, LC is the legal title holder of the real estate legally described as: Beginning at the Northeast Corner of Lot 1 of the Original Town of Iowa City, in accordance with the Plat thereof Recorded in Book 1, at Page 116, of the Records of the Johnson County Recorder's Office; Thence S00 °15'52 "E, along the East Line of said Lot 1, a distance of 110.74 feet; Thence N89 °56'15 "W, 80.66 feet, to a Point on the East Line of Lot 2 of said Original Town Of Iowa City; Thence S00 °11'16 "E, along said East Line, 39.80 feet, to the Southeast Corner thereof; Thence N89 °56'15 "W, along the South Line of said Lot 2, a distance of 20.00 feet; Thence N00 °111 6 "W, 29.95 feet; Thence Northeasterly, 34.14 feet, along an arc of a 36.25 foot radius curve, concave Southeasterly, whose 32.89 foot chord bears N26 °04'39 "E;Thence Northeasterly, 24.35 feet, along an arc of a 26.11 foot radius curve, concave Northwesterly, whose 23.48 foot chord bears N26 °42'37 "E; Thence N00 °08'07E ", 70.21 feet, to a Point on the North Line of said Lot 1; Thence S89 048'53 "E, along said North Line, 74.94 feet, to the said Point of Beginning. Said Rezoning Parcel contains 9,575 square feet and is subject to easements and restrictions of record. 1 of 4 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the real estate described above will conform to all requirements of the zoning chapter, as well as the following conditions: a. The number of units and number of bedrooms in the development may not exceed the numbers shown on the conceptual building plans submitted with the application (8 one - bedroom units and 4 two- bedroom units); and b. The final design of the building shall be reviewed and approved by the staff Design Review Committee and shall be generally consistent with the elevation drawings submitted; and c. The commercial storefront shall be designed in a manner that is consistent with the elevation drawing submitted with the application; and d. If a third floor is built, it shall be designed in a manner consistent with the elevation drawing submitted with the application; and e. The alley shall be improved from the east property line of 223 E. Bloomington to North Linn Street according to the specifications of the City Engineer prior to the issuance of an occupancy permit for any new building on this real estate; and f. If a garage opening along Bloomington Street is requested, the adjacent curb cut for the private gravel drive located along the west property line of the subject properties shall be closed and the curb restored and parkway re- planted; and g. The N. Linn and E. Bloomington Street rights -of -way shall be improved in a manner consistent with the recently installed commercial streetscape in the Northside Marketplace. Said streetscape plan shall be reviewed and approved by the Design Review Committee. 4. The Owner and the 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 the City acknowledge that in the event the subject real estate is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 2 of 4 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk App oved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 201 . 221 -225 Linn, LC, OWNER B This instrument was acknowledged before me on , 201. by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: 3of4 OWNER ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on Zlce , 2 %P /B , 2012 by as Uwnee— of 221 -225 Linn, LC. �.� k ��7iezC--1 Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) oelAj r KELLIE K. TUTTLE z 4 Commission Number 221819 My Com issi Evires My commission expires: 4of4 5f Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00026) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 7.79 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH DODGE STREET AND PRAIRIE DU CHIEN ROAD FROM MEDIUM DENSITY SINGLE FAMILY (RS -8), NEIGHBORHOOD PUBLIC (P -1) AND HIGHWAY COMMERCIAL (CH -1) TO PLANNED DEVELOPMENT OVERLAY - COMMUNITY COMMERCIAL (OPD- CC -2). (REZ12- 00026) WHEREAS, the applicant, Hy -Vee Stores, has requested a rezoning of property located at the northeast corner of the intersection of North Dodge Street and Prairie Du Chien Road from Medium - Density Single - Family Residential (RS -8), Neighborhood Public (P -1), and Highway Commercial (CH -1) to Planned Development Overlay /Community Commercial (OPD /CC2); and WHEREAS, the Comprehensive Plan, North District Plan Map, shows this area as appropriate for retail /community commercial use provided that it is designed to be compatible with the adjacent residential neighborhood; and WHEREAS, the applicant has submitted a concept plan showing how commercial redevelopment of this property can be made compatible with the adjacent neighborhood with careful building design and placement, the use of buffer areas and landscaping; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval provided that it meets conditions addressing the need for compatibility with the adjacent neighborhoods and the policies of the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of RS -8, CH -1 and P -1 to OPD /CC -2: LEGAL DESCRIPTION (TRACT #1) - REZONE FROM P -1 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S01 °11'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 85.61 FEET, TO THE POINT OF BEGINNING; THENCE N64 012'45 "E, 152.25 FEET; THENCE SOUTHWESTERLY 44.66 FEET ALONG AN ARC OF A 175.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 44.54 FOOT CHORD BEARS S48 054'39 "W; THENCE S25 °41'52 "W, 8.25 FEET; THENCE S64 °12'45 "W, 118.43 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE N019 I' 15 "W, ALONG SAID WEST LINE, 22.00 FEET, TO SAID POINT OF BEGINNING, CONTAINING 2,572 SQUARE FEET, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (TRACT #1A) - REZONE FROM P -1 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S01 ° 11' 15 "E, Ordinance No. Page 2 ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 85.61 FEET; THENCE N64° 12'45 "E, 184.60 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING N64 °12'45 "E, 178.92 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE SO1 °12'11 "E, ALONG SAID EAST LINE, 22.00 FEET; THENCE S64012145 "W, 125.00 FEET; THENCE SO 1 ° 12'11 "E, 146.79 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 14; THENCE S640 13'01 "W, ALONG SAID SOUTH LINE, 94.68 FEET; THENCE N25 058'47 "W, 43.37 FEET; THENCE N01 °1 1'25 "W, 85.98 FEET; THENCE S25 °41'52 "E, 17.45 FEET; THENCE N64 °18'08 "E, 75.30 FEET; THENCE N25 °41'52 "W, 49.49 FEET, TO SAID POINT OF BEGINNING, CONTAINING 0.37 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION (TRACT #2) - REZONE FROM RS -8 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST, MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S01 °1 1'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 53.36 FEET, TO THE POINT OF BEGINNING; THENCE N88048'45 "E, 10.00 FEET; THENCE NORTHEASTERLY, 144.29 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 138.79 FOOT CHORD BEARS N61'15'1 8"E; THENCE NORTHEASTERLY, 80.12 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 79.17 FOOT CHORD BEARS N49 °00'00 "E; THENCE N64° 18'08 "E, 150.18 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE SO 1 ° 12' 11 "E, ALONG SAID EAST LINE, 27.51 FEET; THENCE N64 °12'45 "E, 44.86 FEET, TO A POINT ON THE WEST LINE OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N00 °41'26 "W, ALONG SAID WEST LINE OF YEGGY'S FIRST ADDITION, 76.28 FEET, TO THE NORTHWEST CORNER OF LOT B OF SAID YEGGY'S FIRST ADDITION; THENCE N65 °07'33 "E, ALONG THE NORTH LINE OF SAID LOT B, 158.32 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE N00 036'30 "W, ALONG THE EAST LINE OF LOT C OF SAID YEGGY'S FIRST ADDITION, AND ITS NORTHERLY PROJECTION THEREOF, 123.75 FEET; THENCE N88 °25'19 "E, 158.03 FEET, TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88 °48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE S01 °1 1'05 "E, ALONG SAID NORTH LINE, 157.65 FEET; THENCE S64 °53'24 "W, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE S65 °38'32 "W, ALONG THE NORTH LINE OF LOT Y OF SAID YEGGY'S FIRST ADDITION, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO A POINT ON THE SAID EAST LINE OF LOT 14 OF ST. MATTHIAS SECOND ADDITION; THENCE S01012-1 I "E, ALONG SAID EAST LINE, 0.44 FEET; THENCE S64° 12'45 "W, 363.52 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE NO1 °11'15 "W, ALONG SAID WEST LINE, 32.25 FEET, TO SAID POINT OF BEGINNING, CONTAINING 1.47 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION (TRACT #3) - REZONE FROM CH -1 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S01 °1 1'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 107.61 FEET, TO THE POINT OF BEGINNING; THENCE N64 °12'45 "E, 123.87 FEET; THENCE SOI "11'25 "E, 99.09 FEET; THENCE S25 °58'47 "E, 43.37 FEET; THENCE N64 °13'01 "E, 94.68 FEET; THENCE NO1 °12'11 "W, 146.79 FEET; THENCE N64 012'45 "E, 125.00 FEET, TO A POINT ON THE EAST LINE OF LOT 14 OF SAID ST. MATTHIAS SECOND ADDITION; THENCE NO 1 ° 12' 11 "W, ALONG SAID EAST LINE, 22.44 FEET; THENCE N65 °38'32 "E, ALONG THE NORTH LINE OF LOT Y, OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE N64 °53'24 "E, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO A POINT ON THE NORTH LINE OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT Ordinance No. Page 3 PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOIII 1'05 "E, ALONG SAID NORTH LINE, 27.69 FEET; THENCE N88 °48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SO1 °11'05 "E, ALONG SAID NORTH LINE, 185.34 FEET; THENCE N88 °48'55 "E, ALONG SAID NORTH LINE, 12.29 FEET, TO A POINT ON THE WEST LINE OF LOT 10 OF ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88 °53'07 "E, 193.31 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 10 OF ST. MATTHIAS SECOND ADDITION; THENCE SO1 °11'05, ALONG SAID EAST LINE, 203.80 FEET, TO ITS INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF NORTH DODGE STREET; THENCE S64 °1TO1 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 592.68 FEET; THENCE S64 013'18 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 27.03 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 180.79 FEET; THENCE S25 046'59 "E, ALONG SAID NORTH RIGHT -OF -WAY LINE, 2.00 FEET; THENCE S64° I YO 1 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 39.43 FEET; THENCE S69 °55'40 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 40.20 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 37.48 FEET; THENCE S88 048135 11W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 51.07 FEET; THENCE SO1'56'1 9"E, ALONG SAID NORTH RIGHT - OF -WAY LINE, 33.08 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 9.29 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF PRAIRIE DU CHIEN ROAD; THENCE NO1 011'15 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 319.03 FEET, TO SAID POINT OF BEGINNING, CONTAINING 5.90 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20 MAYOR ATTEST: CITY CLERK M provd by P. Attorney Rep the City 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 12/18/2012 Voteforpassage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Second Consideration 1/8/2013 Voteforpassage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. NAYS: Ndne. ABSENT: None. Date published Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ12- 00026) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Roberts Dairy Company, L.L.C., an Illinois limited liability company (hereinafter "Owner ") and Hy -Vee, Inc., an Iowa corporation (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 7.37 acres of property located on the north side of North Dodge Street between Prairie Du Chien Road and North Dubuque Road; and WHEREAS, the City owns approximately .42 acres of adjacent property including right - of -way of St. Clements Street, which the Applicant proposes to purchase; and WHEREAS, the Owner and Applicant have requested the rezoning of said property from Medium - Density Single - Family Residential (RS -8), Neighborhood Public (P -1), and Highway Commercial (CH -1) to Planned Development Overlay /Community Commercial (OPD /CC -2); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding redevelopment of the property with a design that is compatible with the adjacent residential neighborhood, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for compatibility with the North District Plan and the adjacent residential neighborhood; and WHEREAS, the Owner and Applicant agree to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Roberts Dairy Company is the legal title holder of the property legally described as: LEGAL DESCRIPTION (TRACT #2) - RF.7.ONF, FROM RS -8 TO CC -2 COMNv>ENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATT14IAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 53.36 FEET, TO THE POINT OF BEGINNING; THENCE N88 04845 "E, 10.00 FEET; THENCE NORTHEASTERLY, 144.29 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 138.79 FOOT CHORD BEARS N61 015'18 "E; THENCE NORTHEASTERLY, 80.12 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 79.17 FOOT CHORD BEARS N49 000'00 "E; THENCE N64- 18'08 "E, 150.18 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE SO l ° 12' I 1 "E, ALONG SAID EAST LINE, 27.51 FEET; THENCE N64° 12'45 "E, 44.86 FEET, TO A POINT ON THE WEST LINE OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N00 °41'26 "W, ALONG SAID WEST LINE OF YEGGY'S FIRST ADDITION, 76.28 FEET, TO THE NORTHWEST CORNER OF LOT B OF SAID YEGGY'S FIRST ADDITION; THENCE N65 °07'33 "E, ALONG THE NORTH LINE OF SAID LOT B, 158.32 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE NOO °36'30 "W, ALONG THE EAST LINE OF LOT C OF SAID YEGGY'S FIRST ADDITION, AND ITS NORTHERLY PROJECTION THEREOF, 123.75 FEET; THENCE N88 °25'19 "E, 158.03 FEET, TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88'48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SO I ° 11'05 "E, ALONG SAID NORTH LINE, 157.65 FEET; THENCE S64 °53'24 "W, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE S65 °38'32 "W, ALONG THE NORTH LINE OF LOT Y OF SAID YEGGY'S FIRST ADDITION, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO A POINT ON THE SAID EAST LINE OF LOT 14 OF ST. MATTHIAS SECOND ADDITION; THENCE SO1 °12'11 "E, ALONG SAID EAST LINE, 0.44 FEET; THENCE S64 °12'45 "W, 363.52 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE NO1 °11'15 "W, ALONG SAID WEST LINE, 32.25 FEET, TO SAID POINT OF BEGINNING, CONTAINING 1.47 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION (TRACT #3) - RFZ.ONF. FROM CH -1 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °l 1'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 107.61 FEET, TO THE POINT OF BEGINNING; THENCE N64 "12'45 "E, 123.87 FEET; THENCE SO 1 ° 11'25 "E, 99.09 FEET; THENCE S25 °58'47 "E, 43.37 FEET; THENCE N64 °13'01 "E, 94.68 FEET; THENCE NO1 °12'11 "W, 146.79 FEET; THENCE N64-12'45 "E, 125.00 FEET, TO A POINT ON THE EAST LINE OF LOT 14 OF SAID ST. MATTHIAS SECOND ADDITION; THENCE NO1 °12'11 "W, ALONG SAID EAST LINE, 22.44 FEET; THENCE N65 °38'32 "E, ALONG THE NORTH LINE OF LOT Y, OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE N64 °53'24 "E, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO A POINT ON THE NORTH LINE OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'05 "E, ALONG SAID NORTH LINE, 27.69 FEET; THENCE N88 °48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SO 1 ° 11'05 "E, ALONG SAID NORTH LINE, 185.34 FEET; THENCE N88 °48'55 "E, ALONG SAID NORTH LINE, 12.29 FEET, TO A POINT ON THE WEST LINE OF LOT 10 OF ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88 °53'07 "E, 193.31 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 10 OF ST. MATTHIAS SECOND ADDITION; THENCE SO 1 °I 1'05, ALONG SAID EAST LINE, 203.80 FEET, TO ITS INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF NORTH DODGE STREET; THENCE S64 113'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 592.68 FEET; THENCE S64 °13'18 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 27.03 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 180.79 FEET; THENCE S25 °46'59 "E, ALONG SAID NORTH RIGHT - OF -WAY LINE, 2.00 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 39.43 FEET; THENCE S69 °55'40 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 40.20 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 37.48 FEET; THENCE S88'48'35 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 51.07 FEET; THENCE SO 1'56'1 9"E, ALONG SAID NORTH RIGHT- OF-WAY LINE, 33.08 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 9.29 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF PRAIRIE DU CHIEN ROAD; THENCE NO1 °1 VI 5"W, ALONG SAID EAST RIGHT -OF -WAY LINE, 319.03 FEET, TO SAID POINT OF BEGINNING, CONTAINING 5.90 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The City is the legal title holder of the property legally described as: 2 LEGAL DESCRIPTION (TRACT #1) - REZONE FROM P -1 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 85.61 FEET, TO THE POINT OF BEGINNING; THENCE N64 °1245 "E, 363.52 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE SO1 °12'11 "E, ALONG SAID EAST LINE, 22.00 FEET; THENCE S64 °12'45 "W, 125.00 FEET; THENCE SO1 °12'11 "E, 146.79 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 14; THENCE S64 °13'01 "W, ALONG SAID SOUTH LINE, 94.68 FEET; THENCE N25 °58'47 "W, 43.37 FEET; THENCE N01 ° 11'25 "W, 99.09 FEET; THENCE S64 °12'45 "W, 123.87 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE NOI -I I'15 "W, ALONG SAID WEST LINE, 22.00 FEET, TO SAID POINT OF BEGINNING, CONTAINING 0.51 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the North District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 4. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: A) A buffer area generally consistent with the attached plan shall be established along the western property line of the parcel rezoned to CC -2. This buffer must be screened to the S3 standard. Wherever the buffer area is less than 35 feet a masonry wall shall be provided consistent with the attached plan. B) No signs shall be permitted within the 35 foot buffer, or on the north and /or west sides of the convenience store facing the residential development, except for a monument sign at the intersection of Dodge Street and Prairie Du Chien Road. There will be no more than two (2) free - standing signs permitted along the Dodge Street frontage. Other fascia and monument signs are permitted as per the code. C) Any building or structure including canopies shall be of a quality design appropriate for property abutting a residential neighborhood, including features such as stone and masonry materials, standing seam metal roofs, and muted colors. The design of any buildings as well as associated structures and facilities must be presented to and approved by the Design Review Committee prior to the City issuing a building permit. D) Existing evergreen screening and mature trees will be preserved along the northwest side of the property where possible. E) A bus pull off, the design of which must be approved by the City Engineer, shall be constructed by the Applicant within the Dodge Street right -of- way. F) Development and landscaping shall be generally consistent with the attached plan. G) A parapet wall shall be provided on the northwest wall of the 3 grocery store to buffer roof top equipment. 5. The Owner and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 6. The Owner and Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 7. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. 8. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 9. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 10. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. 11. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall form one and the same agreement. For purposes of executing and delivering this Agreement, a facsimile or scanned and emailed signature shall be as effective as an original signature. Dated this _ day of , 20_ City: CITY OF IOWA CITY Matthew Hayek, Mayor Attest: Marian K. Karr, City Clerk 4 Approved by: Attorney Representing the City CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 201 by Matthew Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) 5 Owner: Roberts Dairy Company, LLC, an Illinois limited liability company By: Its: Partner STATE OF M 1'1s6 V7= / , COUNTY OF cT r� , ss: This ins ument was acknowled gbefore me o ,1 � 18 2C�! Z.— b as NHS -K.N� of Robe Dairy ompany, LLC, an Illinoft limit# ility company. tary Public JOHN M.ALDRED R blic — Notary Seal OF MISSOURI reene Countv my c ;4mmisslon Expires ov. 5,20`15 ion #11460004 Applicant: Hy -Vee, Inc., an Iowa 1corporation By: ��`w� Anthony- NCd,Cann, Sr. Vice President By: ��`�//� -- AUK (print name) Its: AsSis4av-+ SBVtko,N STATE OF IOWA, COUNTY OF POLK, ss On this IV- day of Petty-6e,- , 2012, before me, the undersigned, a Notary Public in and for the state of Iowa, personally appeared Anthony McCann and w 141(Gv� , to me personally known, who being by me duly sworn did say that they are the Sr. Vice President and AStO*K- SeacAs -� , respectively, of Hy -Vee, Inc., an Iowa corporation, that the instrument to which this is attached was signed on behalf of said corporation by authority of A1..A1h, AI(t,- its Board of Directors; and that the said Anthony McCann and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said AL MAT INA D. MASSMAN coMMMS04 NO. WRWM 1ow16 n, by it and byAem voluntarily executed. State 7 blic in and for a CLi `!fi• ! � a ] _ u { u± ƒ� cu u l� /\ a CLi `!fi• � a ] _ u { u± ƒ� jol m _ M \ $ � a �$ u { u± ƒ� cu u l� /\ M \ $ F W O .Y U O O cn 0 II U UJ W0Z w [3o 3�eeee FZQ aza ° r f jry po 116111 (� J U z ill s P, I Al qWqgg" o 9A g {i y.,tltl2� 3� 8 a e 4 L yyb$2 §na Z��yyg�g�c$$f cppppe�jie p 7�g� 21 w ° 1 OQO ®Q O f 4AGLS v :A'Sk NB v w j iII zN o W <- �WpU W W a U o3 .2oo z <� e L A� O iuvi � gkf?� U a o F E y; � o III W O N y W ¢ 0— N Z W < 3: w 0 cj� U O o U) co Q U=� wz 8- U wo;� < Q o0 iw U W ®/ Zo \ x m ° ww w a , /� c _ w U S \ tl x R o '.Fo \ n a \ X W W a m s ST. CLEMENT ST Ko •3 \ � � a •iq \ \ A2 34 LPO ode \ PRAIRIE DU ,,off` • IF 5g Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF ST. CLEMENT STREET. (VAC12- 00005) WHEREAS, the applicant, Hy -Vee Food Stores, Inc., has requested that the City vacate a portion of St. Clement Street right -of -way located between 1109 and 1123 N. Dodge Street, the site of Roberts Dairy; and WHEREAS, an alternative access will be provided to the nine residential properties located north of this right -of -way requested for vacation via a newly dedicated St. Clement Street to be located within property to the north of the dairy; and WHEREAS, the relocated street will provide a defined and safe access to residential properties located to the north, and provide access to the proposed grocery and convenience stores adjacent to the right -of -way being dedicated; and WHEREAS, it is in the City's interest to vacate and dispose of public right -of -way, or portions thereof, that will no longer be necessary for public access; and WHEREAS, easements will be retained for existing utilities or utilities will be relocated at the applicants expense; and WHEREAS, the Planning and Zoning Commission recommended vacation of this portion of this right -of- way subject to relocation of utilities or the retention of necessary easements, and dedication of an alternative street right -of -way. WHEREAS, the applicant has submitted a preliminary plat of the Roberts Dairy Addition, which includes an acceptable alternative location for St. Clement Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. Subject to relocation of utilities or the retention of necessary easements and dedication of an alternative street right -of -way acceptable to the City, the City of Iowa City hereby vacates the portion of the St. Clement Street right -of -way legally described as follows: Beginning at the Northwest Corner of Lot 5 of Block 2 in St. Matthias 2nd Addition to Iowa City, Johnson County, Iowa, in accordance with the Plat thereof Recorded in Book 16, at Page 406, of the Records of the Johnson County Recorder's Office; Thence S01 °12'11" E, along the East Line of St. Clement Street, 142.54 feet, to a point on the North Line of the Tract of Land conveyed by Quit Claim Deed, as Recorded in Book 3398 at Page 124 of the Records of the Johnson County Recorder's Office; Thence S64 °13'18 "W, 27.03 feet, to the intersection of the West Line of St. Clement Street and the Northerly Line of the Tract of Land Condemned by Proceedings Recorded in Book 3695, at Page 874, of the Records of the Johnson County Recorder's Office; Thence N01 012'11 "W, along said West Line, 363.94 feet; Thence N64 012'45 "E, to a Point on the West Line of Lot A of Yeggy's First Addition, in accordance with the Plat thereof Recorded in Plat Book 6, at Page 49, of the Records of the Johnson County Recorder's Office; Thence S00 041'26 "E, along said West Line of Lot A, a distance of 31.52 feet, to the Southwest Corner thereof and a Point on the North Line of Lot Y of said Yeggy's First Addition; Thence S65 °38'32 "W, along said North Line, 17.33 feet, to the Northwest Corner of said Lot Y, and a point on the East Line of St. Clement Street; Thence S01 012'11 "E, along said East Line, 190.49 feet, to the Point of Beginning. Said Right -of -Way Vacation Parcel contains 9,446 square feet (0.22 Acre) and is subject to easements and restrictions of record. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed . SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 201 :. Ordinance No. Page 2 MAYOR: Matthew Hayek ATTEST: CITY CLERK Ap rove Attorney Represen the City 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 Vote for passage: Mims. 12/18/2012 that the Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, NAYS: None. ABSENT: None. Second Consideration 1/8/2013 Vote for passage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Date published Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTERS, ENTITLED "CITY PLAZA," TO CHANGE THE LOCATION FOR INFORMATION TABLES ON CITY PLAZA. WHEREAS, Section 10 -5 -8D allows the City Manager to grant permits for information tables to be placed in City Plaza in two locations; and WHEREAS, due to a construction project, one location is not currently available; and WHEREAS, it is in the City's interest to allow the City Manager the flexibility to place the tables at suitable locations throughout City Plaza and not to limit them to two locations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," Section 8, entitled "City Plaza Use Permits," is hereby amended by deleting Subsection D1 and substituting in lieu thereof the following new Subsection D1: The location shall be determined by the City Manager or designee. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 1201— MAYOR ATTEST: CITY CLERK Ar City Attorney Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 12/18/2012 Vote for passage:. AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration 1/8/2013 Voteforpassage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: None. Date published Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5041 ORDINANCE NO. ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS" TO REQUIRE A DISTINCTIVE COLOR SCHEME FOR ALL VEHICLES DRIVEN BY A COMPANY. WHEREAS, City Code section 5 -1 establishes application, issuance and revocation provisions, and 5 -2 establishes regulations for taxicabs and drivers; and WHEREAS, taxi companies have approached the City for changes to improve the appearance and safety of the taxicabs; and WHEREAS, the City Council wishes to improve and clarify procedures for operating a taxicab business within the City of Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 2, entitled "Taxicab Business License; Vehicle Decals," is hereby amended by deleting Subsection B7 in its entirety and adding new Subsection B7 as follows: Except for pedicabs, horsedrawn vehicles, and airport shuttles, each taxicab shall be finished in a distinctive color scheme and pattern so that it is readily and easily distinguished from other vehicles as a taxicab, as determined by the city clerk. All vehicles for a business must be painted in the same color scheme and pattern. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect May 1, 2013. Passed and approved this day of , 2013. MAYOR ATTEST: CITY CLERK Approve iti. 's Offi e _ 3 ^ t3 s /taxi /Ord 2013.doc 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 11/27/2012 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration 12/4/2012 Voteforpassage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: Throgmorton. ABSENT: None. Date published Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5041 ORDINANCE NO. ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 1, Ef4TITLED "GENERAL LICENSING PROVISIONS" AND CHAPTER 2, ENTITLED "TAX ABS" TO REQUIRE A DISTINCTIVE COLOR SCHEME FOR ALL VEHICLES DRIVEK BY A COMPANY. WHEREAS, City ode section 5 -1 establishes application/ntitled issuance and revocation provisions, and 5 -2 esta fishes regulations for taxicabs and driv WHEREAS, taxi co anies have approached the City ges o improve the appearance and safety of t taxicabs and to provide licenses bnly nce per year; WHEREAS, the City Co ncil wishes to improve and clad es for operating a taxicab business within the Cit of Iowa City. NOW, THEREFORE, BE IT RDAINED BY THE CITY CO THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 5, entitled 'Business and Licen a Regulations," Chapter "Taxicabs" is hereby amended by deleting the following s ub ections in their entirety g new subsections as follows: 5 -2 -2: TAXICAB BUSINESS LICENSE; HICLE DECALS B. Minimum Qualifications: Each taxic business all meet the following minimum requirements: 1. Except for pedicabs, horsedrawn vehicles, and ' port shuttles, provide a taxicab service to the public twenty -four (24) hours a day, seven 7) ays a week, and have a business office located in Iowa City or Coralville city limits. No di atching shall be done from a vehicle. All dispatching shall be done from the office except b een the hours of midnight and 6:00 a.m. The telephone number listed on the application m st answered twenty -four (24) hours a day, seven (7) days a week. 2. Except for pedicabs, horsedrawn vehicl s, and airp rt shuttles, provide a minimum of four (4) qualified licensed taxicab vehicles of wh' h a minimum f one vehicle shall be in operation at all times. All taxicabs must comply with th vehicle require ents of this chapter. 3. Provide a certificate of liability ins rance in accordance ith this chapter. 4. Meet all applicable zoning ordi ance regulations and all other city regulations. fi 1 5. Except for pedicabs and orsedrawn vehicles, maintain manifest logs and provide manifest logs to the city upon re est. ! .fi 6. Each taxicab must pro ' ently display the passenger feedback form provided by the City, and return any completed ca s to the city clerk. 7. Except for pedica , horsedrawn vehicles, and airport shuttles, each taxicab shall be finished in a distinctiv color scheme and pattern so that it is readily and easily distinguished from other vehicles as a taxicab, as determined by the city clerk. All vehicles for a business must be painted in the same color scheme and pattern. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Ordinance No. Page 2 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 May 1, 2013. Passed and approved this day of 12013. Marian Karr From: service @americanclasstaxi.com Sent: Thursday, December 20, 2012 10:05 PM To: Julie Voparil Cc: Marian Karr Subject: RE: Taxi Color Scheme Attachments: DSC00261.JPG; DSC00262.JPG; Back Photo1.bmp; Back Photo2.bmp; Driver Photo.bmp Good morning Julie Our input is below. Regarding the dispatch office, we would like the Council to consider our Cedar Rapids Office location, because it will not be easy for us to open a second office in Iowa City. Best regards Nazar Osman American Class Taxi, Inc. (319)363 -8294 www.americanclasstaxi.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. -- - - - - -- Original Message -- - - - - -- Subject: Taxi Color Scheme From: Julie Voparil <Julie- Voparil @iowa - city.org> Date: Thu, December 20, 2012 3:57 pm To: Ali Ahmed - Jowan Taxi Cab <jowantaxicab @hotmail.com >, "David Stoddard, Jeffrey Stoddard, Dennis Stevens - Yellow Cab" <yellowcabic @gmail.com >, "Hatem Moustafa, Yasser Gaber, Mohamed Hassanein - Five Stars Taxi" <FiveStarsTaxi @gmail.com >, "Mark Paterno, Pete Johnson - Marco's Taxicab" <paternorealtor @yahoo.com >, Michael Green - Airport Shuttle Service <crshuttle @yahoo.com >, "Nazar Osman, Amira Khalafalla - American Class Taxi" < service @americanclasstaxi.com> Cc: Marian Karr < Marian- Karr @iowa - city.org> Date: December 20, 2012 To: Licensed Taxi Companies in Iowa City From: Marian K. Karr, City Clerk Re: Color Scheme On October 31 a meeting was held with City staff and taxi company owners. As a result of that meeting an ordinance was prepared for Council consideration. One item was to require a color scheme so all company taxis look alike. The summary to Council of the October 31 meeting included this information: COLOR SCHEME - Unanimously agreed to re- instate color scheme. ➢ Will allow easier identification of cab companies ➢ Safety issue ➢ Same configuration of colors (pattern) for each company ➢ All vehicles for a company would need to have same distinct color scheme ➢ More professional, cleaner look ➢ More investment into company appearance ➢ Would not prohibit same colors from being used again but require distinctive appearance The City Council will consider the color scheme requirement on January 8 and asked for your input. You may also come to the City Council meeting at 7:00 P.M. and address the City Council personally. Please provide your input to the following questions no later than January 2 for inclusion in materials being distributed to the City Council: Name of Company: American Class Taxi, Inc. Person replying: Nazar Osman Does your taxi company wish to have a uniform color scheme for all your vehicles? YES X NO (All our vehicles are already Black colored with White Lettering to comply with the City of Cedar Rapids Taxi ordinance and we have to keep the same color scheme, please see attached photos) NOTE: Pedicabs, airport shuttles, and horsedrawn vehicles would be exempt from the color scheme. PLEASE ACKNOWLEDGE RECEIPT OF THIS EMAIL. COPIES WILL BE MAILED TO EACH BUSINESS ADDRESS IF NO ACKNOWLEDGMENT IS RECEIVED, OR NO EMAIL AVAILABLE. S:tmi/colorinputrequest. /doc. 2 a .................. wrrr�� t zm m� LC ar°c= ¢ o o o 0 i1 c,^ mm Ulm �` N MCD E0 av 0 J ` QN = aw e OD 6 00 t0 ` ate; `"} M ° N Z � c,^ mm Ulm �` N MCD E0 av 0 J ` jAe v, ' E � I y'e Y' a u � y i a CO) C`9 O t� M �9 1 V N r� vt- 'i ca m Q_v v ZE 0 N r� a m c� a t a s 1 4 ■ {,. e a bi • i rJ: LL a r Pr a 1 a a ; 41• 1 • e•• �a 7' a 1 ip fA di Aikj qb { gg 1 �• 6 6 Y ■ !1 3 it y� r 7 a ZV" MLI" 19 a I .1 1 I a R il 1� mi I m • I =�, G4 CITY OF IOWA CITY z-- = �14mmm", MEMORANDUM Date: December 20, 2012 To: Licensed Taxi Companies in Iowa City From: Marian K. Karr, City Clerk Re: Color Scheme On October 31 a meeting was held with City staff and taxi company owners. As a result of that meeting an ordinance was prepared for Council consideration. One item was to req *e a color scheme so all company taxis look alike. The summary to Council of the Oct¢4er 31 meeting included this information: COLOR SCHEME - Unanimously agreed to re- instate color scheme. ➢ Will allow easier identification of cab companies r= - ➢ Safety issue ➢ Same configuration of colors (pattern) for each company x s10 ➢ All vehicles for a company would need to have same distinct color sohbme cn More professional, cleaner look ➢ More investment into company appearance ➢ Would not prohibit same colors from being used again but require distinctive appearance The City Council will consider the color scheme requirement on January 8 and asked for your input. You may also come to the City Council meeting at 7:00 P.M. and address the City Council personally. Please provide your input to the following questions no later than January 2 for inclusion in materials being distributed to the City Council: Name of Company: vyx e-� Person replying: bpi I �-- D K+ m Does your taxi company wish to have a unifor color scheme for all your vehicles? YES NO NOTE: Pedicabs, airport shuttles, and horsedrawn vehicles would be exempt from the color scheme. PLEASE ACKNOWLEDGE RECEIPT OF THIS EMAIL. COPIES WILL BE MAILED TO EACH BUSINESS ADDRESS IF NO ACKNOWLEDGMENT IS RECEIVED, OR NO EMAIL AVAILABLE. S uxi/colorinputrequest /doc.. r � .,- CITY OF IOWA CITY MEMORANDUM Date: December 20, 2012 To: Licensed Taxi Companies in Iowa City From: Marian K. Karr, City Clerk _ Re: Color Scheme'_ _ On October 31 a meeting was held with City staff and taxi company owners. Ass a 4 It of that meeting an ordinance was prepared for Council consideration. One item wasto regale a color scheme so all company taxis look alike. The summary to Council of the October 31 meeting included this information: COLOR SCHEME - Unanimously agreed to re- instate color scheme. ➢ Will allow easier identification of cab companies ➢ Safety issue ➢ Same configuration of colors (pattern) for each company ➢ All vehicles for a company would need to have same distinct color scheme ➢ More professional, cleaner look ➢ More investment into company appearance ➢ Would not prohibit same colors from being used again but require distinctive appearance The City Council will consider the color scheme requirement on January 8 and asked for your input. You may also come to the City Council meeting at 7:00 P.M. and address the City Council personally. Please provide your input to the following questions no later than January 2 for inclusion in materials being distributed to the City Council: Name of Company: Person replying: _brn y j Does your taxi company wish to have a uniform color scheme for all your vehicles? YES NO NOTE: Pedicabs, airport shuttles, and horsedrawn vehicles would be exempt from the color scheme. PLEASE ACKNOWLEDGE RECEIPT OF THIS EMAIL. COPIES WILL BE MAILED TO EACH BUSINESS ADDRESS IF NO ACKNOWLEDGMENT IS RECEIVED, OR NO EMAIL AVAILABLE. S:taxi /colorinputrequest. /doc. Julie Voparil From: jowan taxicab <jowantaxicab @hotmail.com> Sent: Saturday, December 22, 2012 3:23 PM To: Julie Voparil Subject: RE: Taxi Color Scheme Ali Ahmed Owner Jowan Taxi Cab P.O.8ox 2532 -Iowa City IA - 52244 - U.S.A X aliomeraliahmed E 1- 319 - 936 -9100 From: Julie- Voparil @iowa - city.org To: jowantaxicab @hotmail.com; yellowcabic @gmail.com; FiveStarsTaxi @gmail.com; paternorealtor @yahoo.com; crshuttle @yahoo.com; service @americanclasstaxi.com CC: Marian - Karr @iowa - city.org Subject: Taxi Color Scheme Date: Thu, 20 Dec 2012 21:57:18 +0000 Date: December 20, 2012 To: Licensed Taxi Companies in Iowa City From: Marian K. Karr, City Clerk Re: Color Scheme On October 31 a meeting was held with City staff and taxi company owners. As a result of that meeting an ordinance was prepared for Council consideration. One item was to require a color scheme so all company taxis look alike. The summary to Council of the October 31 meeting included this information: COLOR SCHEME - Unanimously agreed to re- instate color scheme. ➢ Will allow easier identification of cab companies ➢ Safety issue ➢ Same configuration of colors (pattern) for each company ➢ All vehicles for a company would need to have same distinct color scheme ➢ More professional, cleaner look ➢ More investment into company appearance ➢ Would not prohibit same colors from being used again but require distinctive appearance The City Council will consider the color scheme requirement on January 8 and asked for your input. You may also come to the City Council meeting at 7:00 P.M. and address the City Council personally. Please provide your input to the following questions no later than January 2 for inclusion in materials being distributed to the City Council: Name of Company: _Jowan Taxi Cab Person replying: Ali Ahmed Does your taxi company wish to have a uniform color scheme for all your vehicles? YES—x— NO NOTE: Pedicabs, airport shuttles, and horsedrawn vehicles would be exempt from the color scheme. PLEASE ACKNOWLEDGE RECEIPT OF THIS EMAIL. COPIES WILL BE MAILED TO EACH BUSINESS ADDRESS IF NO ACKNOWLEDGMENT IS RECEIVED, OR NO EMAIL AVAILABLE. S:taxi/colorinputrequest. /doc. Julie Voparil Deputy City Clerk City of Iowa City 410 E. Washington Street Iowa City, IA 52240 (319) 356 -5040 Julie Voparil From: Mark Paterno <paternorealtor @yahoo.com> Sent: Wednesday, January 02, 2013 3:10 PM To: Julie Voparil; Pete Johnson UICCU Subject: Taxi Color Scheme Good afternoon, Julie- I would just like to reiterate for the city council meeting that Marco's Taxi adamantly supports a color scheme for Iowa City Taxis. I have never heard of a city that allows for the taxis within a company to have different colored taxicabs. The taxicab business is a very serious business that should have the highest of professional standards. -It is mind boggling that a company could in theory paint their cars to be 100% identical to another company's cabs and it would be allowed. -It is equally disturbing to us that a customer may not be able to identify the taxicab they were in because no uniform color scheme in mandated by the city. -A professional fleet of taxis with the same color scheme is a cost of doing business that the public has grown to want & expect. The financial aspect of a uniform taxi scheme within a company should not be a consideration for not having a mandatory uniform color scheme. Thank you, Mark Paterno - CRS, GRI Cell: 319 - 936 -7447 Fax: 319- 351 -8035 Lepic Kroeger Realtors Licensed Realtor in the State of Iowa I sincerely appreciate your business and referrals.... u Name of Company: o c0`P't I nd2�xnen Person replying: Does your taxi company wish to have a uniform color scheme for all your vehicles? YES X NO NOTE: Pedicabs, airport shuttles, and horsedrawn vehicles would be exempt from the color scheme. PLEASE ACKNOWLEDGE RECEIPT OF THIS EMAIL. COPIES WILL BE MAILED TO EACH BUSINESS ADDRESS IF NO ACKNOWLEDGMENT IS RECEIVED, OR NO EMAIL AVAILABLE. S uxi/colorinputrequest. /doc. DEC 2 7 201 0 r � CITY OF IOWA CITY % E M 0 RA N D U M Date: December 20, 2012 To: Licensed Taxi Companies in Iowa City From: Marian K. Karr, City Clerk Re: Color Scheme - On October 31 a meeting was held with City staff and taxi company owners. As `a re0t of that meeting an ordinance was prepared for Council consideration. One item was`fo reqL*7a a color scheme so all company taxis look alike. The summary to Council of the October 31 meetin �g included this information: COLOR SCHEME - Unanimously agreed to re- instate color scheme. ➢ Will allow easier identification of cab companies ➢ Safety issue ➢ Same configuration of colors (pattern) for each company ➢ All vehicles for a company would need to have same distinct color scheme ➢ More professional, cleaner look ➢ More investment into company appearance ➢ Would not prohibit same colors from being used again but require distinctive appearance The City Council will consider the color scheme requirement on January 8 and asked for your input. You may also come to the City Council meeting at 7:00 P.M. and address the City Council personally. Please provide your input to the following questions no later than January 2 for inclusion in materials being distributed to the City Council: Name Name of Company: !� 1'✓lGt y( /GtSli� Person replying: Does your taxi company wish to have a uniforolor scheme for all your vehicles? YES !/ NO NOTE: Pedicabs, airport shuttles, and horsedrawn vehicles would be exempt from the color scheme. PLEASE ACKNOWLEDGE RECEIPT OF THIS EMAIL. COPIES WILL BE MAILED TO EACH BUSINESS ADDRESS IF NO ACKNOWLEDGMENT IS RECEIVED, OR NO EMAIL AVAILABLE. S:taxi /colorinputrequest. /doc. Julie Voparil From: Roger Bradley <yellowcabic@g mail. com> Sent: Monday, December 31, 2012 7:57 PM To: Julie Voparil Subject: color scheme reply Attachments: City. of. I C. colorscheme. replyJ pg Julie Attached is our reply to the color scheme question. Thanks! Roger Roger E. Bradley Manager Yellow Cab of Iowa City (319) 541 -0533 FAX 319 - 338 -2708 vellowcabic(a ,Qmail.com www.yellowcabic.com The City Council will consider the color scheme requirement on January 8 and asked for your input. You may also come to the City Council meeting at 7:00 P.M. and address the City Council personally. Please provide your input to the following questions no later than January 2 for inclusion in materials being distributed to the City Council: r Name of Company: n . Person replying: !� ell LF 5�"4 D (_O 1 1 `4AI4�c-fg Does your taxi company wish to have a uniform color scheme for all your vehicles? YES K NO NOTE: Pedicabs, airport shuttles, and horsedrawn vehicles would be exempt from the color scheme. PLEASE ACKNOWLEDGE RECEIPT OF THIS EMAIL. COPIES WILL BE MAILED TO EACH BUSINESS ADDRESS IF NO ACKNOWLEDGMENT I.S RECEIVED, OR NO EMAIL AVAILABLE. &taxi/colm inputrequcst. /doc. Julie Voparil Deputy City Clerk City of Iowa City 410 E. Washington Street Iowa City, IA 52240 (3 i 9) 356 -5040 t: Marian Karr From: Chris John <iowacitycab @yahoo.com> Sent: Tuesday, January 08, 2013 1:10 PM To: Matt Hayek; Susan Mims; Terry Dickens; Rick Dobyns; Michelle Payne; Jim Throgmorton; Council; Marian Karr Subject: Taxicab color scheme Greetings, Please vote down the proposed color scheme ordinance for taxicabs. I see that 7 out of 8 companies that responded to the question do want a color scheme. I fail to see why that means there should be a required color scheme. A color scheme does not make sense as a safety, price - gouging or environmental concern. The color scheme is only being pursued as a way to cost more money for competition. I have been fighting for my life since Christmas Eve, fending off the flu, pneumonia AND a sinus infection. I have not had time or energy to pursue these matters much futher. I lost 15 pounds in two weeks. Frankly, though, I shouldn't have to. This is all ridiculous. I promise you that a required color scheme will do absolutely nothing to change the iowa city taxicab industry in a positive fashion. In fact, it will only serve to increase costs for legit people. The pirates will continue to operate with city approval. Thank you and have a great day. Chris Cutkomp • Marian Karr From: Chris John <iowacitycab @yahoo.com> Sent: Tuesday, January 08, 2013 1:20 PM To: Matt Hayek; Susan Mims; Terry Dickens; Rick Dobyns; Michelle Payne; Jim Throgmorton; Council; Marian Karr Subject: Iowa City taxi cabs Hello, Please send Wal -mart and HyVee a questionaire asking them if John's Grocery should be required to be open 24/7/365. Oh, why not? Yeah, because it doesn't make sense and it is not right. But hey, we are just cab drivers. We don't matter. Have a great day. Chris Cutkomp i Nib Date: December 20, 2012 To: Licensed Taxi Companies in Iowa City From: Marian K. Karr, City Clerk Re: Color Scheme On October 31 a meeting was held with City staff and taxi company owners. As a result of that meeting an ordinance was prepared for Council consideration. One item was to require a color scheme so all company taxis look alike. The summary to Council of the October 31 meeting included this information: COLOR SCHEME - Unanimously agreed to re- instate color scheme. ➢ Will allow easier identification of cab companies ➢ Safety issue ➢ Same configuration of colors (pattern) for each company ➢ All vehicles for a company would need to have same distinct color scheme ➢ More professional, cleaner look ➢ More investment into company appearance ➢ Would not prohibit same colors from being used again but require distinctive appearance The City Council will consider the color scheme requirement on January 8 and asked for your input. You may also come to the City Council meeting at 7:00 P.M. and address the City Council personally. Please provide your input to the following questions no later than January 2 for inclusion in materials being distributed to the City Council: j� // C Name of Company: C i,i j - J Person replying: So M V e / " ,o f ah KQ Does your taxi company wish to have a uniform color scheme for all your vehicles? YESX NO NOTE: Pedicabs, airport shuttles, and horsedrawn vehicles would be exempt from the color scheme. PLEASE ACKNOWLEDGE RECEIPT OF THIS EMAIL. COPIES WILL BE MAILED TO EACH BUSINESS ADDRESS IF NO ACKNOWLEDGMENT IS RECEIVED, OR NO EMAIL AVAILABLE. S:taxi /colorinputrequest. /doc. Julie Voparil Deputy City Clerk City of Iowa City 410 E. Washington Street Iowa City, IA 52240 (319) 356 -5040