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
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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.
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n, by it and byAem voluntarily executed.
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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
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=�, 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