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HomeMy WebLinkAbout2013-01-22 Ordinance6b Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ12- 00025) ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 124507 AND CONDITIONALLY REZONING APPROXIMATELY 1.02 ACRES OF LAND LOCATED ON 1s' AVENUE NORTH OF ROCHESTER AVENUE FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL(RS -5) TO LOW - DENSITY MULTI- FAMILY RESIDENTIAL (RM -12). (REZ12- 00025) WHEREAS, the applicant, Jeff Miller, Inc., has requested a rezoning of approximately 1.02 acres of property located on 1St Avenue north of Rochester Avenue from Low Density Single Family Residential (RS- 5) to Low Density Multi - Family (RM -12); and WHEREAS, the applicant intends to develop this site with a multi - family building that is compatible and consistent with the surrounding multi - family and duplex development; and WHEREAS; the comprehensive plan acknowledges the ownership of the property by Regina Foundation with the potential use for access to Regina School; and WHEREAS, Regina School no longer intends to use the property as part of the school campus and is selling the property for private development; and WHEREAS, development of the property for multi - family use is consistent with the comprehensive plan designation for similar adjacent properties along 1 st Avenue; WHEREAS, members of the public and the Planning and Zoning Commission expressed a concern about the potential impacts of the development on Hickory Hill Park, specifically the view of parking and drives from public trails within the park, and therefore recommended as a condition of the rezoning that a 20- foot buffer area be established and landscaped to provide a visual screen; and WHEREAS, there is no other feasible means of vehicular access to this property except for 1St Avenue, an arterial street, and before the City will grant access to an arterial street, the applicant must demonstrate that public safety will not be compromised; and WHEREAS, City transportation planning staff have determined that the safest location for driveway access to 1st Avenue is on the north end of the property, given that it would be nearer the bottom of the hill and closer to the middle of the vertical curvature of the roadway and nearer the outside of the horizontal curve, which would increase overall sight distance for motorists so as a condition of rezoning staff has recommended, and the Planning and Zoning Commission has concurred, that development of the property be consistent with the submitted conceptual site plan that indicates the general layout of building and parking area with the driveway location near the north end of the property; 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; and WHEREAS, Ordinance No.12 -4507 was intended to rezone the subject property, but due to an error in the legal description erroneously rezoned certain land not owned by applicant or owner. 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 as Low Density Single Family Residential (RS -5) to Low Density Multi- Family Residential (RM -12): Ordinance No. Page 2 LEGAL DESCRIPTION commenoiig 4t tht� nOrthwast corner of Section 12, Township 79 North, Range West of the Fifth Principal Meridian; thence 800002,2 6"W, 600.07 feet along the west line of said soct,iv a, 12; thence S89 °09' 37 "W, 25.38 feet to a poiiit on the west right of way line of First :Avenue and the point of beginning; thence southeasterly, 303.23 feet along said westerly right of way lice, can a 630.00 foot Vaidius c:utve, concave-northeasterly, whose: 340.31 foot chord beams S040491290H to the northeasterly c=er of Lot 3 of First and Rochester Addition Part One; thence 599 623149 °W, 57.18 feet along the north line of said Sant 3; thence N89 1036 120 11W, 122.89 :feet along said north line; thence X00032136 " .H, 296.74 feet; thence N,09009137113, 157.02 feet to the point of begixua ng . 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. Ordinance No.12 -4507 is hereby repealed. 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 2013. MAYOR ATTEST: CITY CLERK Appro d by Ci Attorney's Office )--2Ap z. 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 1/22/2013 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5240 (REZ12- 00023) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), the Regina Foundation (hereinafter "Owner "), and Jeff Miller Construction, Inc. (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 1.02 ac es of property located on 1st Avenue north of Rochester Avenue, Iowa City, Iowa; and WHEREAS, the Applicant has requested the rezoning of said property from Low Density Single - Family Residential (RS -5) to Low Density Multi - Family Residential (RM -12); and WHEREAS, members of the public and the Planning and Zoning Commission expressed a concern about the potential impacts of the development on Hickory Hill Park, specifically the view of parking and drives from public trails within the park, and therefore recommended as a condition of the rezoning that a 20- foot buffer area be established and landscaped to provide a visual screen; and WHEREAS, City transportation planning staff has determined that the safest location for driveway access to 1st Avenue is on the north end of the property, so as a condition of rezoning staff has recommended and the Planning and Zoning Commission has concurred that development of the property be consistent with the submitted conceptual site plan that indicates the general layout of building, parking and driveway locations; 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 Central District Plan; and WHEREAS, the Owner and Applicant agree to develop said 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. The Regina Foundation is the legal title holder of the property legally described as: ;ri me n-g thy - ,orthwest co=er of ge -ction 12, Townsbip 79 North, Range 6 West at the Fifth Principal Keridi.an; thence 800902126 "Dtt 600.07 feet;: along the west line of said sect.iou 121 thence~ 989 °09' 37 "W+ 25.38 feet to a point on the west right of way line of First Avenue and the point of beginning; thence southeasterly, 303.23 feet along said westerly right: of gray line, can a 630.00 foot; radius curve, aosacaVe northeasterly, whose 300.31 goat chard bears S0411431 2311B to the northeasterly corner of lot 3 of First and Rochester Addition part One; thence 589 023149 111W� 57.16 .feet along the north line of said hot 31 thence X890361200W, 122 -87 feet along aald north liner -thence N00032136 " .E, 296.79 feet; thence N89009'37" , 157.02 feet to the point of bogixsuuiag, 2. The Owner and Applicant acknowledge 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 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: 1 of 3 a. A 20 -foot buffer area shall be established between the development (including, but not limited to any building, parking area or driveway) and Hickory Hill Park and said buffer area planted with a variety of deciduous and evergreen trees and shrubs to form an effective visual screen between the development and the Park. A landscaping plan shall be submitted for review and approval through the City's administrative Design Review process; and b. Development of the property shall be consistent with the submitted conceptual site plan that indicates the general layout of the building, parking and driveway, to ensure that location of driveway access to 1 st Avenue is near the northern end of the property where it is safest for vehicles to enter and exit the property. 4. The Owner, 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. 5. The Owner, 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. 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 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. 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 12012. CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: /a- 2of3 Jeff Miller Construction, Inc., APPLICANT C BV- ( 1,6w,6, Title) Regina Foundation, OWNER By- Gary J. Sc Treasurer City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: COUNTY OF JOHNSON } This instrument was acknowledged before me on 2012, 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 said County and State (Stamp or Seal) Title (and Rank) APPLICANT ACKNOWLEDGEMENT: STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on 1b , 2012 by [name] as [title] of [name of business]. ConrrAuk" Nurt�1492 ExOm OWNER ACKNOWLEDGEMENT: STATE OF IOWA ) ss: COUNTY OF JOHNSON ) Notary Public d for said County and State (Stamp or Seal) Title (and Rank) This instrument was acknowledged before me on November 26, 2012 by Gary J. Schmit [name] as Treasurer [title] of Regina Foundation [name of business]. ANNAMOYER3 STONE conom"On Nwnber743 My ConxNsWw Expim ,0 OCIOb�f 20. Z015 3of3 ary Public in and for said County and State (Stamp or Seal) Title (and Rank) 7 6d Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12 -00024) ORDINANCE NO. 13 -4512 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. 1-451 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 22nd day of January 2013. SPIT i �• ATTEST: Aa., �x � CITY-CLERK Appr ved by City Attorney's Office Ordinance No. 13 -4512 Page 3 It was moved by Champion and seconded by pa�nP that the Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 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, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: Nene. ABSENT: None. Date published 1/3112013 E 2 toll 11� n H F fy I 9xi ■gp Pia $�3 bBp� •`Yyg yg■■ Z W gry U) W� >ry �a CL co Of ¢�O y z o } I � U� a W Q a�i< O z o€ H gCL �a z? �oN J Of CUCL 3I E 1 f i P. Pill III 141 tti 1! Ip fi B !l gg1 11; 5 trEp���9��pi B B fi�l9I55FI�i1f �t��5�11���11E���11EII $Y11H «u0.■ I rWINE LEmilli a Q o z f/1 Z� a a ' J 01 -22 -13 6e Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00027) ORDINANCE NO. 13 -4513 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. 11-4513 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 22nd day of January 2013. MAYOR ATTEST: CIT CLERK Appr ved by City Attorney's Office r/ All z Ordinance No. 13 -4513 Page 3 It was moved by Mims and seconded by Dickens Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 12/18/2012 Vote forpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration 11912013 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Date published 1/3112013 9' 6f Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00028) ORDINANCE NO. 13 -4514 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 N89056'1 5"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 °56'15 "W, along the South Line of said Lot 2, a distance of 20.00 feet; Thence N00 °11'16 "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 °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 042'37 "E; Thence N00008'07E ", 70.21 feet, to a Point on the North Line of said Lot 1; Thence S89 °48'53 "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. 13 -4514 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 056'15 "E, 80.66 feet , to a Point on the East Line of said Lot 1; Thence S00 °15'52 "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 22nd day of January , 2013. ATTEST: C TY CLERK Approved by City Attorney's Office Ordinance No. 13 -4514 Page 3 It was moved by Champion and seconded by Throgmorton that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Champion x Dickens x Dobyns x Hayek x Mims Payne x x 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 1/31/2013 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 °1 5'52 "E, along the East Line of said Lot 1, a distance of 110.74 feet; Thence N89056'1 5"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 011'16 "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. 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 22nd day of January , 2013. CITY OF IOWA CITY Matthew J. Hayek, a r Attest: Marian K. Kar , City Clerk App oved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 221 -225 Linn, LC, OWNER k�I B This instrument was acknowledged before me on 921 , 2013 by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, ofAhe City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) -�� ELLIEK.TUTTLE Title (and Rank) `� �� CommissionNumber221819 My Com issi n Expires My commission expires:.. 3 of 4 OWNER ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on L�ce.-z . / 2012 by as © uo rL e—r- of 221 -225 Linn, LC. /f�, /e Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) 0'A'41 r KELLIE K. TUTTLE Commission Number 221819 My Com ission Fires My commission expires: OW 4 of 4 ���; �� `•�1 L3.,V), Marian Karr From: Michael J. Pugh <mpugh @bradleyriley.com> Sent: Tuesday, January 22, 2013 2:51 PM To: Marian Karr Cc: Delisa A. Baker; 'Hosch, Peter; 'John Brehm'; Bob Miklo; 'Kelly Beckler' Subject: North Dodge Hy -Vee Marian- The applicant respectfully requests that items 6g, 6h and 6i be deferred at tonight's Council meeting until the next Council meeting on February 5 th Thank you, Mike sp Michael J. Pugh Attorney BRADLEY & RILEY PC ATTORNEYS & COUNSELORS One South Gilbert Street Iowa City, Iowa 52240 -3914 Phone: (319) 358 -5562 Fax: (319) 358 -5560 Ward I Email I www.bradleyriley.com Please consider the environment before printing this email. Notice: Since email messages sent between you and Bradley & Riley PC and its employees are transmitted over the Internet, Bradley & Riley PC cannot assure that such messages are secure. You should be careful in transmitting information to Bradley & Riley PC that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mail to communicate with Bradley & Riley PC. This message is covered by the Electronic Communication Privacy Act, 18 U.S. C. Sections 2510 -2515, is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney - client privilege. It should also not be forwarded to anyone else. If you received this message and are not the addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you. IRS Circular 230 Disclosure: To ensure compliance with the requirements imposed by the IRS, we inform you that (1) any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for purposes of avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein or any attachments hereto. 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 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 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 °54'39 "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 NO1 °11'15 "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 SO1 °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 S01 ° 12' 11 "E, ALONG SAID EAST LINE, 22.00 FEET; THENCE S64012'45 "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 S64° 13'01 "W, ALONG SAID SOUTH LINE, 94.68 FEET; THENCE N25 °58'47 "W, 43.37 FEET; THENCE NO1 °11'25 "W, 85.98 FEET; THENCE S2504 1'52"E, 17.45 FEET; THENCE N64 °18108 "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 SOI'l F15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 53.36 FEET, TO THE POINT OF BEGINNING; THENCE N88 048'45 "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 S01 °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 °4 1'26 "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 °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]'] 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 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 NO 1 ° 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 SO I'] 1'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 107.61 FEET, TO THE POINT OF BEGINNING; THENCE N64'1 2'45 "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 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 038'32 "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 SO II 1'05 "E, ALONG SAID NORTH LINE, 27.69 FEET; THENCE N88 048'55 "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° 1 3'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 592.68 FEET; THENCE S64013'1 8"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 048'35 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 51.07 FEET; THENCE SO1 °56'19 "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 NO] °11'15 "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 120 MAYOR ATTEST: CITY CLERK A prov d by " P. d1,144111"I 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 _ Vote for passage: Hayek. NAYS: Date published 1/8/2013 AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, NDne. ABSENT: None. 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) - REZONE FROM RS -R 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 S019 1'15"E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 53.36 FEET, TO THE POINT OF BEGINNING; THENCE N88 048'45 "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 N619 5'1 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 SO1 012'11 "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 °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 SOl °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, 18 8.8 9 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 NOl °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 Q) - 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 SO1 °11'15 "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 N01 °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'I 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 SO 1'11'05, ALONG SAID EAST LINE, 203.80 FEET, TO ITS INTERSECTION WITH THE NORTH RIGHT- OF-WAY LINE OF NORTH DODGE STREET; THENCE S64 °13'01 "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 SO1 °56'19 "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 NO °11'15 "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. 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 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° 12'45 "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 N019 1'25"W, 99.09 FEET; THENCE S64 °12'45 "W, 123.87 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE N0101 1'15"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. 3. 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 0 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 ay: Its: Partner STATE OF M /- s6 1 , COUNTY OF c^ rte , ss: This ins ument was acknowledge before me o� ,�L 1 8 2, C) by as r- ,SX -A-6 of Robert's Dairy Company, LLC, an I Ilinoft limit6d 40ility company. (a tary Public JQHN M. AWRED HIPublic — Notary Seal E OF MISSOURI reene County my 0i'kMMI165ion Expires Wov. 5, 2015 tit MM"lon *11460004 _. ; Applicant: Hy -Vee, Inc., an Iowa corporation By: � VV VA Anthon cCann, Sr. Vice President A th (print name) Its: i� s5 )s4aNt Stvc�ar y STATE OF IOWA, COUNTY OF POLK, ss On this IV- day of flecty -k r , 2012, before me, the undersigned, a Notary Public in and for the state of Iowa, personally appeared Anthony McCann and jlb, -1I�a w rA i'!Ch , to me personally known, who being by me duly sworn did say that they are the Sr. Vice President and 14Wsf*bd- 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 its Board of Directors; and that the said Anthony McCann and AM",. , as such off' ers acknowledged the execution of said instrument to be the voluntary act and deed of said corpoon, by it and b riem voluntarily executed. MAT iNA D. MASSMAN Nory P blic in and for COMMISSION � State o owa C11 V rows 7 « «M — « «. ; m \ \ / "U) /k $ 5 \ k $ Ikf#) ( >#■ 2E. \ \� �u [ 7 (cc � \ « «M — « «. ; m \ \ / "U) /k $ 5 \ k $ Ikf#) \ / \ \� �u [ 7 « «M — « «. ; m \ \ / "U) /k $ 5 \ k $ c 0 W O U v .L; O M a� U gyQ91 a 4? r oziO Ffz Ul qq 5¢5g c' pA € W 9]71i4g4ggg- 4Ni 4 7 � r F�pgpgggg4} OZ 99m�`fi o All flallig" '9111 gg i � 'n a� u�5 rco m z r N °w�¢N W w WN z0�_ aOU UiU w � eieO ®ri o p ieece m :A.kYO � O <� M� W 2 W W r� V II O W r oziO Ffz i N � r O K m o n wa05 rco m z r N °w�¢N W > W N U WN z0�_ aOU UiU U m w� Z O <� U zaN zw W o �i o W w w O N N W �l� W O w- —_\ N �3 �U3: w OwO — o° a?a w z w U wo3� Q a�< J O a i PA YLL M� W 2 W W r� V II O W oziO Ffz o \ O K m o zW rco m z r N °w�¢N m � s ST. CLEMENT E WN z0�_ aOU UiU g gym; aE�4 < d; t LU FW Z Q > aza ° to�� \\ PRAIRIE DU l 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 altemative 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 012'11 "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 o „ 1318 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 °12'11 "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 038'32 "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 S01012'11"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 b 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 that the First Consideration 12/18/2012 Vote for passage: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration 1/8/2013 Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Date published hie r 10 j Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. 13 -4515 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 5, 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 22n day of Tanuary 2013. A%;4 ATTEST: L r a CITY CL K City Attorney Ordinance No. 13 -4515 Page 2 It was moved by Champion and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 12/18/2012 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Throgmorton. 1/8/2013 AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne, NAYS: None. ABSENT: None. Date published 1/3112013 ���r� CITY OF IOWA CITY �'�t MEMORANDUM Date: January 11, 2013 To: Tom Markus, City Manager From: Eric Goers, Asst. City Attorney Re: Entertainment Venue Amendment Management of all four of the current Entertainment Venues contacted me about their desire to see three amendments to the Entertainment Venue exception language of our Under 21 ordinance. The amendments suggested were as follows: 1. Eliminate the midnight deadline by which all 19 and 20 year olds must exit the venue; 2. Substitute the State's new I -PACT training program (created via State statute in 2012) for the TIPS training currently required for all bar and wait staff; 3. Eliminate some of the reporting requirements for shows. After some initial discussion, the request for eliminating the reporting requirements was withdrawn by the venues, leaving the first two. The elimination of the midnight deadline was important to the venues for several reasons. First, 19 and 20 year old patrons were tending to stay away for fear of forgetting to leave on time, and receiving a citation, or just because they may not be able to stay for the full show. This lead to a chain reaction of smaller audiences, leading to lower revenue, leading to lesser acts coming to town due to revenue sharing. After reviewing the PAULA ratios for the venues, which averaged an excellent .03, we were convinced that the venues had demonstrated the ability to prevent underage drinking within their establishment. Staff discussed the possibility of lowering the PAULA threshold for Entertainment Venues from .25 to .10, but in the end concluded that would be too unforgiving. The TIPS training requirement was built into the ordinance to ensure that servers were required to take standardized training to prevent improper sales. The creation of the I -PACT program following passage of our ordinance created a more attractive avenue for venue staff to receive standardized training, and still satisfies our legislative intent. Should you have questions, please do not hesitate to contact me. Cc: Tom Markus, City Manager Geoff Fruin, Assistant to the City Manager Eleanor Dilkes, City Attorney Kevin O'Malley, Finance Director Marian Karr, City Clerk Vicki Lalla Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, TO MODIFY THE TIPS TRAINING TO ACCOMMODATE THE NEW STATE I -PACT PROGRAM; AND TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION C TO ALLOW THOSE NINETEEN YEARS OF AGE OR OLDER TO REMAIN IN ENTERTAINMENT VENUES UNTIL CLOSING. WHEREAS, under the current ordinance, all patrons under the age of 21 must leave entertainment venues by midnight; and WHEREAS, many Entertainment Venues host shows and events that continue past midnight, causing patrons aged 19 and 20 to have to leave the shows early; and WHEREAS, the Entertainment Venues in Iowa City have demonstrated both a willingness and ability to control underage drinking within their establishments, as documented by their very low PAULA ratios; and WHEREAS, Entertainment Venues offer a valued cultural contribution to the community; and WHEREAS, allowing the Entertainment Venues to host patrons between the ages of 19 and 20 until close will assist the Entertainment Venues in drawing bigger crowds, which will assist in attracting better entertainment acts; and WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, PARAGRAPH (7)(a)(12) is hereby amended by deleting the subparagraph in its entirety and replacing it with the following subparagraph: (12) The venue employs only bartenders and servers who have completed the alcohol compliance employee training program (e.g. I -PACT) pursuant to Iowa Code Section 123.50A; and TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION C, PARAGRAPH (6) is hereby amended by deleting subparagraph (6)(a) in its entirety, and renumbering the remaining paragraphs (previously b. and c.) as a. and b. 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 effective upon publication. Passed and approved this day of , 2013. MAYOR ATTEST: CITY CLERK Ap rov b 7-1 i 0 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 1/22/2013 Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published