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HomeMy WebLinkAbout2013-02-05 Public hearing`P 0, NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 5th day of February, 2013, in Emma Harvat Hall, City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: • AN ORDINANCE REZONING APPROXIMATELY 0.47 ACRES OF LAND LOCATED AT 906 N. DODGE STREET FROM MULTI- FAMILY (R313) ZONE TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS -12) ZONE AND APPROXIMATELY 1.15 ACRES OF LAND LOCATED AT 911 N. GOVERNOR STREET FROM COMMERCIAL OFFICE (CO -1) ZONE TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS -12) ZONE AND APPROXIMATELY 1.78 ACRES OF LAND LOCATED AT 902 AND 906 N. DODGE STREET FROM MULTI - FAMILY (R36) ZONE TO MEDIUM DENSITY MULTI- FAMILY RESIDENTIAL (RM -20) ZONE. (REZ12- 000016,18 & 19) Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above - mentioned time and place. MARIAN K. KARR, CITY CLERK STAFF REPORT To: Planning and Zoning Commission Prepared by: Karen Howard & Andrew Bassman Item: REZ12- 00016, REZ12 -00018 Date: December 20, 2012 and REZ12 -00019 Dodge and Governor Street rezoinings. GENERAL INFORMATION: Applicant: City of Iowa City 410 E. Washington St. Iowa City, Iowa, 52240 Requested Action: Rezoning from R313 to RM -20 & RS -12 and CO -1 to RS -12 Purpose: To bring zoning into compliance with the Comprehensive Plan Location: 902 and 906 N. Dodge St.; vacant parcel on the lot adjacent to 906 Dodge Street and 911 N. Governor Street. Size: 911 N. Governor —1.15 acres 902 N. Dodge -.98 acres 906 N. Dodge -.8 acres Vacant parcel -.45 acres Existing Land Use and Zoning: 902 N. Dodge St: multi - family, R36; 906 N. Dodge St: multi - family, R36; Parcel adjacent to 906 Dodge: vacant, R36 911 N. Governor St: office, CO -1; Surrounding Land Use and Zoning: North: Single- family and duplex -RS -8 & RS -12 South: Single- family and duplex -RS -8 & RS -12 East: Single- family (RS -8) West: Single- family (RS -8) Comprehensive Plan: Central District Plan: 902 and 906 Dodge Street - low- to medium - density multi - family residential (8 -24 dwelling units per acre); 911 Governor and adjacent properties single family and duplex residential. File Date: August 17, 2012 BACKGROUND INFORMATION: The Comprehensive Plan, North District Plan indicates that properties at 902 and 906 Dodge Street are appropriate for low to medium density multi - family developmentor a density of 15 to 24 units per acre. Unique circumstances apply to the current zoning designations of these properties. The Multi- family (R3B) zoning has been in place as a result of court cases that began in 1974 and were complete in 1987. The R36 zone is an obsolete designation that no longer exists in the zoning ordinance. The City has initiated these rezonings to zone the property in compliance with the City's current comprehensive plan. As a result of a recent Comprehensive Plan amendment, 911 N. Governor Street and the vacant property north of 906 N. Dodge Street are designated for single family and duplex development. The current Commercial Office (CO -1) zoning at 911 N. Governor and the R3B zoning of a vacant parcel north of 906 N. Dodge are inconsistent with the Comprehensive Plan. 2 To address these issues, City staff proposes the following rezonings: 1) 911 N. Governor Street (1.15 acres) from Commercial Office (CO -1) to High - density Single- family Residential (RS -12); 2) 902 N. Dodge Street (.98 acres) from R3I3 to Medium - density Multi- family Residential (RM -20); 3) 906 N. Dodge Street (.8 acres) from R36 to RM -20; 4) The vacant parcel adjacent to the north of 906 N. Dodge Street (.45 acres) from R313 to RS -12. ANALYSIS CURRENT AND PROPOSED ZONING: 911 N. Governor Street and adjacent vacant parcel - CO -1 zoning provides space for office uses, compatible businesses, apartments and some public and semi - public uses, and can serve as a buffer between residential and more intensive commercial or industrial areas. CO -1 zoning allows multi - family residential uses above the ground floor at the same density as RM -12 zoning or approximately 15 units per acre. Given the location of this property on a one -way street with poor access it is not well suited for a commercial office designation. The proposed RS -12 zoning for 911 N. Governor Street and the vacant property to the west provides for development of single - family dwellings, duplexes and attached housing units at a higher density than in other single - family zones. Minimum lot size in the RS -12 zoning is 5,000 square feet for detached single - family uses, 6,000 square feet for duplexes and 3,000 square feet per unit for attached single - family dwellings (townhouses on individual lots). A Planned Development Overlay plan would allow for flexibility within the zoning code and would allow a maximum density for OPD /RS -12 of 13 dwelling units per acre of net land area. 902 and 906 N. Dodge Street - R36 zoning allowed single - family, two- family and multi - family residential uses, along with fraternity and sorority houses, lodging and boarding houses, hospitals and other institutional uses, clinics and nursing homes. Apartments in the R36 zoning could be built at a density of 58 units per acre. The proposed RM -20 zoning for 902 N. Dodge Street and 906 North Dodge Street allows for a mix of detached and attached single - family housing, duplexes and multi - family housing. RM -20 zoning allows densities up to 24 units per acre for multi - family development. The density of the existing apartment building at 902 N. Dodge Street is 27 units per acre (slightly more than the 24 permitted within the RM -20 zone). The density of the existing apartment building at 906 N. Dodge Street is 15 units per acre. When combined the two properties have a density of 20 units per acre. COMPREHENSIVE PLAN: In the time since the land was first zoned R313, the City's view of what would constitute the most appropriate land use for the area has fundamentally changed. The 1962 Comprehensive Plan indicated that this was an area of deteriorating housing stock that should be replaced, and that population density in the area should increase. As a result it was zoned R313. The R313 zoning allowed development at 58 units per acre. The rationale was that allowing development at such a high - density would encourage the removal of the existing housing stock and its replacement with new development. The evolution of the City's approach to land use for the area can be seen in the policies promoting neighborhood stabilization of older neighborhoods contained in the current Comprehensive Plan, and Central District Plan. The historic preservation movement started in the 1970s and resulted in a policy of preserving several older areas of the city. This included a review of zoning patterns and rezonings intended to encourage reinvestment in the existing housing stock rather than demolition and new construction. There are no properties anywhere within the residential areas north of downtown that are zoned high density residential. The current zoning code allows higher densities than the R36 zoning, but only when located downtown or near the University of Iowa campus where adequate infrastructure is in place to serve such high densities, and where high density development can be achieved without negatively affecting adjacent residential neighborhoods. 3 The Central District Plan notes the mismatch between the zoning on this property and current policies: "Another pocket of multi - family development in the northern part of the district along Dodge Street is zoned R313, which is an obsolete zoning designation no longer used in the City Code. This area should be rezoned to a valid designation such as RM -20, which acknowledges the density of the existing multi - family development on the property." The Comprehensive Plan states that portions of the Central Planning District located to the north and east of downtown contain older neighborhoods where issues of neighborhood integrity are a concern. Where existing zoning allows development at a higher density, the City Council has indicated that measures should be taken to assure that new structures are designed to be compatible with the adjacent neighborhood. The Comprehensive Plan contains a goal of achieving a healthy balance of rental and owner - occupied housing in older neighborhoods. Currently the neighborhood around the subject properties (Dodge and Governor Streets north of Brown Street shown on the attached map) contains a high percentage of rental units. Census data and a survey of City rental permits show that approximately 80% of the dwelling units within the area are rental. The Comprehensive Plan also contains the objective of examining existing zoning rules to ensure that they support housing goals and neighborhood stabilization efforts. Given the current imbalance of rental and owner occupied housing units within this area, zoning designations that encourage the development of alternatives to dorm -style rental housing would be appropriate. TRAFFIC IMPLICATIONS: The property at 911 Governor Street is located on a one -way section of the street. The access to this property is problematic due to the change in grade and the curve of the street that inhibit site distance for motorists. This constraint should be taken into consideration regarding zoning designations and development plans for the property. SUMMARY: Since the Comprehensive Plan and the zoning practices of the 1960's and the 1970s, the City's view of what would constitute the most appropriate land use for the area has fundamentally changed. Evidence of the evolution of the City's approach to land use for the area can be found in current policies promoting the stabilization of older neighborhoods set forth in the current Comprehensive Plan and Central District Plan. Amending the zoning for these properties would be consistent with these plans, as well at the City Council's Strategic Plan and will provide for development that is compatible with the adjacent properties. STAFF RECOMMENDATION: Staff recommends approval of rezoning: 1) 911 N. Governor Street (1.15 acres) from Commercial Office (CO -1) to High - density Single- family Residential (RS -12); 2) 902 N. Dodge Street (.98 acres) from R36 to Medium - density Multi- family Residential (RM -20); 3) 906 N. Dodge Street (.8 acres) from R313 to RM -20; 4) A vacant parcel adjacent to the north of 906 N. Dodge Street (.45 acres) from R36 to RS -12. ATTACHMENTS 1. Location Maps 2. Governor -Dodge Street Survey Area Approved by: �_44 r,_� , Jeff Davidson, Director Department of Planning and Community Development �I a T �r IH 31'd1S V O O b� N V Im LO cc T O V �O O O N N W ce l�M3a 1S Nd3A00 W4 M CY vn . cn N_ z 7 •,• N 1S 3�C1Oa' C) N O ." a N IH 31` iS lS I0 —IS dM13no9 - ------------- 1S N© 4HOf 00 O O N rl N W w N �c 0 V O w Ch m s V cn C .E N +J a� a� L 0 0 z t o ° U 0 O = lu El N [�3 0 v r cm T Cl) w LC) m T O G1 O O N N W ce lS ,13M3a ce ca ce NE LO IS El CITY OF IOWA CITY R� F- a -- N RS5 - - RS12 - RS8 !PPY . w = w SITE LOCATION: Dodge & Governor Streets Comprehensive Plan change from Historic District Multl- famlly to Single- family Duplex CPA12 -00004 CSH D• o ' - •T' o. !PPY . w = w SITE LOCATION: Dodge & Governor Streets Comprehensive Plan change from Historic District Multl- famlly to Single- family Duplex CPA12 -00004 I latiNr IIm wvv Park IMI CT i 11. - II 'ark RS5 i CITY OF IOWA CITY � < r� J RS12I eM '..P1'. H*appj *0H.D z. LO w O CITY OF IOWA CITY � < r� J RS12I eM >-I SITE LOCATION: Parcel 1003482011 Zoning change from R36 to RS12 REZ12 -00016 ElHistoric District '..P1'. H*appj w O >-I SITE LOCATION: Parcel 1003482011 Zoning change from R36 to RS12 REZ12 -00016 ElHistoric District RS5 CITY OF IOAA CITY -M J RS12I - e w SITE LOCATION: 911 N. Governor Street Zoning change from COI to RS12 Historic District REZ12 -00013 P1 OHS Happy Z. N H6f1 p w o. W 'park:': Bows :s: . e w SITE LOCATION: 911 N. Governor Street Zoning change from COI to RS12 Historic District REZ12 -00013 MY OF IOWA CITY - - - Q RSS l�� /%- -I RS12I - - �V �S_8 R 12 1. L L - - - - -I `� (AHD �- Nape Z. N Hoff o w� �,,• W �, O SRO1(VIN : ST '. z Ifl SITE LOCATION: 902 & 906 N. Dodge Street Zoning change from R3B to RM20 REZ12 -00019 Historic District Governor -Dodge Street Survey Area 417 421 �? tom. .� 1 %1 500 1010 1029 0 931 \1006 -t c 415' G� \440' 927 1064` }y 1025 v 1017�"� 109 428 925 �' (, ,1040 s 420 9233, 930 ,` 1032 1011 Q 418 412 919 — 0 1028 _ 928 i G --1024 1009 r 406 917 -r�� 7-. L0 • r , - 402 5` 6 we j 22 1007 924 a 1015 b100SJ 01009 X1018 941 1001 Z 922 0 911 9113 9253, j 928 - 939 9317 9173 935 927 ~' S 914 931-1 909 9141 ?2 9[ 13 ` ` 920 --� 9237 927' 907 908 X918 - 915 910 y 921 U 905 x-911' 13 906 91714 903_j v3 913 _ -901 902 - -- 837 8313 909 900 819 i ffi 2 9 900 905 817 } 814 827" t 0830 1 z 812 842 825 DO C810 0810 828 807,. 821 726 808 5 8145 ^ 804 r ( 618 632 $0271' 802 LL -000 Eah� •!:R! �1 —t Dear Commission Members, In keeping with the spirit of neighborhood stabilization for the parcel of land at 911 N. Governor, rezoning from Commercial Office to medium density single family residential is most in line with creating, maintaining, and promoting livable neighborhoods. By rezoning to an RS8 designation, there is still plenty of revenue opportunity for any responsible developer to utilize these regulations while keeping balance with the established shape and life of the surrounding properties and neighborhood. Thank You for your time and consideration, Mark Shields, Concerned Resident/Renter 913 Dewey St Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ�f1- 000161 -88, & 191�_, C ORDINANCE NO. w ORDINANCE REZONING APPROXIMATELY 0.47 ACRES OF L N071"OCAL -1 906 N. ODGE STREET FROM MULTI - FAMILY (11313) ZONE TO HIGH DENSITY SJNGL FAMILY SIDENTIAL (RS -12) ZONE AND APPROXIMATELY 1.15 A RE 'OF '— L*ND �� LOCATED 911 N. GOVERNOR STREET FROM COMMERCIAL O FICE (C04)3!ONE TO HIGH DE SINGLE FAMILY RESIDENTIAL (RS -12) ZONE AND APPROXIMATELY 1.78 ACRES OF LAN LOCATED AT 902 AND 906 N. DODGE STREET ROM MULTI - FAMILY (R3113) ZONE TO M DIUM DENSITY MULTI - FAMILY RESIDENTIA (RM -20) ZONE. (REZ12- 000016,18 & 19) WHEREAS, the City of wa City has initiated a rezoning of property I cated of 906 North Dodge Street from Multi- family (R3B) to Hi - Density Single - Family Residential (RS- ); property located at 911 North Governor Street from Commerc I Office (CO -1) to High - Density Single- amily Residential (RS -12); property located at 902 and 906 North odge Street from Multi- family (R3 ) to Medium - Density Multi - Family Residential (RM -20) in order to brin the properties into compliance wit the City's Comprehensive Plan; and WHEREAS, City plans and poli 'es, including the Comprehensi a and Strategic Plan, have changed considerably in the last 40 years, wi the current Comprehensiv Plan and Historic Preservation Plan containing policies to encourage prese tion of the single family aracter of the City's older single family neighborhoods and policies that serve to s bilize these neighborho ds by encouraging a healthier balance of rental and owner- occupied housing rather an redevelopment f housing that serves primarily short-term residents; and WHEREAS, the Central District Plan indi tes that R313 designation should be rezoned to a valid zoning signation; WHEREAS, the Central District Plan, an elem t of the k vacant property located immediately north of 906 N h Dod Street are appropriate for single - family and duplex res enti WHEREAS, the current office development and C e is inconsistent with the Comprehensive Plan and is not ll on a sloping, one -way street with poor visibility and acce , r WHEREAS, the Central District Plan indicates that e appropriate for low- to medium - density multi - family de lopm is obsolete and the properties with this #a City Comprehensive Plan, indicates that the § Street and the property at 911 North Governor development (2 -13 dwelling units per acre); and rcial Office zoning at 911 North Governor Street Suited for modern office uses due to its location the density of the existing multi - family buildings, but n t allow f LN WHEREAS, the multi - family buildings at 902 nd 906 No under R313 zoning, a high - density multi - family zonin designation WHEREAS, R313 zoning allowed developmen up to a density and under this zoning designation the properties t 902 and 606 density of approximately 20 units per acre; and ties at 902 and 906 North Dodge Street are this designation is intended to acknowledge her redevelopment or densifcation; and h Dodge Street were originally developed t at is obsolete; and o approximately 58 dwelling units per acre N ort Dodge Street were developed at a unit WHEREAS, the Comprehensive Plan poli ies in place during the 960s that led to the R3B zoning on Dodge Street encouraged demolition and red elopment of older neigh,0 oods at higher densities; and WHEREAS, the City's Zoning Code o longer includes the R3 zoning designation due to its inconsistency with the City's current compr ensive planning goals and polic s; and WHEREAS, rezoning the subject roperties to appropriate and lid zoning designations will acknowledge the existing multi - family u s located on the properties at 902 nd 906 North Dodge Street, while ensuring that any future develop ent of the vacant parcel located north o 906 North Dodge Street or any future redevelopment of 911 N h Governor Street provides a transition o a density that is more compatible with the residential chara er and lower density of the surrounding neigh orhood and is consistent with the goals of the Comprehensi Plan, Central District Plan, and Historic Presery ion Plan; and WHEREAS, the Planning a Zoning Commission reviewed the proposed rez ning and recommend approval; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPRQYAL. Property described below is hereby reclassified from its current zoning designations as indicate elow: Ordinance No. Page 2 LEGAL DESCRIPTION The prope located north of 906 North Dodge Street, as described below, is hereby reclassified from R313 to Hi ,Density Single Family Residential (RS -12): Commencing at the it stake in the Southeast corner of Lot 49 in the Subdivisi of the SE % of Section 3, Township 79 North, Ra e 6 West of the 5th P.M., as per the recorded plat ereof; thence North 84.5 feet; thence West 210.0 fee Nn a line parallel with the South line of Lot 49; tblbnce South 84.5 feet on a line parallel with the East line o said Lot 49; thence East on the South line f said Lot 49, 210.0 feet to the place of beginning. Properties at 902 and 906 North 134ge Street, described below, Ie hereby reclassified from R36 to Medium Density Multi - Family Res ential (RM -20): All of lot 50 except the South 186 feet they f, in the Subdivisio of the SE % of Section 3, Township 79 North, Range 6 West of the 5th P.M., accordi to the recorde plat thereof recorded in Plat Book 1, Page 1, Plat Records of Johnson County, Iowa. The property located 911 North Governor Stre des ribed below, is hereby reclassified from Commercial Office (CO -1) to High Density Single ily Residential (RS -12): Lots 8, 9 and 10, Bacon's Subdivision in the south p rt Block 1, D.A. Dewey Addition to Iowa City, Iowa, according to the recorded Plat thereof, /deod lat B k 1\een Page 5, Plat Records of Johnson County, Iowa. SECTION II. ZONING MAP. The ector iby authorized an d directed to change the zoning map of the City of Iowa City, Iowm to th ndment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AN NG. Uss a and approval of the Ordinance, the City Clerk is hereby authorized and dire ted to certify a cops or ance and to record the same, at the office of the County Recorder of John n County, Iowa, at ther's a ense, all as provided by law. SECTION IV. REPEALER. All rdinances and parts oances i conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILI . If any section, provision rt of the Or ' ance shall be adjudged to be invalid or unconstitutional, suc adjudication shall not affecalidity of the rdinance as a whole or any section, provision or part ther f not adjudged invalid or unctional. SECTION VI. EFFECT E DATE. This Ordinance shal effect after its fi I passage, approval and publication, as provided b MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Marian Karr From: Sara Greenwood Hektoen Sent: Wednesday, January 30, 2013 8:48 AM To: 'Tracy Barkalow' Cc: Tom Markus; Matt Hayek; Susan Mims; Terry Dickens; ck- dobyns @iowa- city.org; Michelle Payne; Jim Throgmorton; Council; Eleanor M. Dilkes; 'Chuck Meardon'; Rick Dobyns Subject: RE: 902 -906 North Dodge Street Iowa City IA Attachments: 1780_001. pdf Tracy, Attached to this email is the memo I have provided to Council setting forth my opinion regarding both the rezoning and the moratorium. It was written prior to your most recent site plan submittal, but the conclusions remain the same. If you have further questions about how this may affect your legal rights, please consult with your attorney. Sincerely, Sara Greenwood Hektoen Assistant City Attorney City of Iowa City 410 E. Washington Iowa City, IA 52240 319- 356 -5030 319 - 356 -5008 (fax) Notice Since e -mail messages sent between you and the City Attorney's Office and its employees are transmitted over the internet, the City Attorney's Office cannot assure that such messages are secure. You should be careful in transmitting information to the City Attorney's Office that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mail to communicate with the City Attorney's Office. Without written notification that you do not wish to communicate with the City Attorney's Office via e -mail communication, the City Attorney's Office will assume you assent to such communication. 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 not be forwarded to anyone else without consultation with the originating attorney. 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. From: Tracy Barkalow [ mailto:Tracy @barkalowhomes.com] Sent: Monday, January 28, 2013 5:55 PM To: Sara Greenwood Hektoen Cc: Tom Markus; Matt Hayek; Susan Mims; Terry Dickens; ck- dobyns @iowa- city.org; Michelle Payne; Jim Throgmorton; Council Subject: 902 -906 North Dodge Street Iowa City IA Importance: High Sara- First I would like to clarify that I have spoken with my attorney we both agree that you need to direct all communications to me and not him. I am the President of TSB Holdings LLC who is the property owner and applicant for the site plan for the land at 902 -906 N. Dodge Street and that adjacent to it. TSB Holdings LLC should not be told that a representative for the company cannot talk to or communicate with City Staff without my attorney as you have directed to date. Also, while I know TSB Holdings LLC is asking for extensive clarity in this email request, we are sure, or would hope that you have all of these facts straight, and at your fingertips, as you have made a legal recommendation to City Staff and City Council relating to our property that has placed what we believe to be an illegal moratorium on TSB Holdings LLC's property based solely as we see it, on your legal recommendation. So, we would hope you have examined this legal case and property rights issue and the Iowa Supreme Court Order from August 21, 1987 ORDERED on these properties Lot 10, 49, 50 Et 51 as closely as TSB Holdings LLC has review them. On Friday January 25, 2013 in the late afternoon TSB Holdings LLC was instructed by MMS to go pick up a new Major Site Plan Sign to post on TSB Holdings LLC's site in place of the existing Major Site Plan Sign posted on the property now at North Dodge Et Governor Street i.e. Apartment Project in Iowa City IA. When I arrived at City Hall HIS department Friday to pick up the City of Iowa City required sign for the Major Site Plan Review for the site, Julie Tallman told me there was no sign. She gave me a denial letter and "DENIED" stamped copy of TSB Holdings LLC site plan submitted 1- 23 -2013. Julie stated verbally and in writing that the sole reason for denial of TSB Holdings LLC's site plan is that the site plan does not comply with existing or proposed zoning of the property and that was determined based on the moratorium set on 1 -22 -2013 relating to the rezoning that is in effect on the property. No other reason for denial was stated. So, with regards to that denial of TSB Holdings LLC's site plan submitted on 1 -23 -2013 we have a couple of questions that we would like clarified. It states that the site plan is denied solely on 1/24/2013 based on and I quote, the City "plan does not comply with existing or proposed zoning." We asked Julie Tallman to clarify the denial as it is clear we do not agree with her assessment. Our engineer and our company believes this site plan meets all current zoning ordinances for the site per the Iowa Supreme Court Order Kempf vs. City of Iowa City 1978 and we quote as ORDERED, "The owner or owners of said properties, and their successors and assigns, shall be permitted to develop those properties with multiple dwellings (apartments) in accordance with the provision applicable to the R3B zone in effect on May 30, 1978, prior to the rezoning of said real estate which was finalized June 28, 1978." So in plain English, it is TSB Holdings LLC's understanding that legally Lot 10, 49, Et51 shown on this TSB Holdings LLC site plan regardless of zoning per the Iowa Supreme Court Order dated August 21, 1987, can be developed per or in accordance with the provisions applicable to the R3B zone in effect on May 30, 1978. Julie Tallman stated that she had been directed not to speak to me or answer any questions regarding TSB Holdings LLC's site plan and that per Sara Hektoen TSB Holdings LLC had to talk and direct all questions through our company attorney to the City of Iowa City and that Sara Hektoen would get back to our company attorney. Again, and per our company attorney all communications relating to TSB Holdings LLC site plan and property, respectfully need to be directed to Tracy Barkalow C/O TSB Holdings LLC and not to our company attorney. After the incident at HIS I went directly to your office and asked to speak to you to address the site plan. To my knowledge it is not a requirement or regulation of the City of Iowa City that I need an attorney to speak with you or a member of City Staff on behalf of TSB Holdings LLC. To my knowledge, no other developer is asked to do so when a site plan is under review. So, with regards to TSB Holdings LLC's questions to you and HIS on the site plan at that time you said you would have to talk to Julie Tallman because you do not know the answer to our questions. You also stated that I have a copy of the zoning map and I should know the current zoning in place on the property. You further said you would get back to me in regard to my questions. So with that said here is what TSB Holdings LLC would like you to answer and get back to us on so that we can understand the City's position and try to figure out how TSB Holdings LLC can best develop our property in accordance with the provisions applicable to the R313 zone in effect on May 30, 1978. Is it true to say that in the event that the City of Iowa City has an Iowa Supreme Court Order no matter the age of the Iowa Supreme Court Order on a property any property in the City of Iowa City and that said court order is to the benefit or ruled in favor of the City of Iowa City would be enforceable or legally binding on the property no matter how many years pass from the date of the court order? If not accurate or factual please legally explain the facts to me 2. How many years are Iowa Supreme Court Orders good for if not defined or spelled out in the Court Order? It is our understanding indefinitely? If not accurate or factual please legally explain the facts to me 3. What is the current zoning of Lot 49? And what is the maximum amount of allowable units that could be built per the current zoning for this Lot only? 4. What is the current zoning for Lot 51? And what is the maximum amount of allowable units that could be built per the current zoning for this Lot only? 5. What is the current zoning of Lot 10? And what is the maximum amount of allowable units that could be built per the current zoning for this Lot only? 6. What is the proposed zoning on Lot 49? And what is the maximum amount of allowable units that could be built per the proposed zoning for this Lot only? 7. What is the proposed zoning on Lot 51? And what is the maximum amount of allowable units that could be built per the proposed zoning for this Lot only? 8. What is the proposed zoning on Lot 10? And what is the maximum amount of allowable units that could be built per the proposed zoning for this Lot only? 9. With the existing and proposed zoning defined above what does the court ruling from the Iowa Supreme Court Order Case #43611 from August 21, 1987 mean regarding the use of R3B relating to Lot 49 before 1 -22 -2013? What is the maximum amount of allowable units per that court order that can be built on Lot 49 only in accordance with the provisions applicable to the R3B zone in effect on May 30, 1978? 10. With the existing and proposed zoning defined above what does the court ruling from the Iowa Supreme Court Order Case #43611 from August 21, 1987 mean regarding the use of R3B relating to Lot 50 before 1 -22 -2013? What is the maximum amount of allowable units per that court order that can be built on Lot 50 only in accordance with the provisions applicable to the R3B zone in effect on May 30, 1978? 11. With the existing and proposed zoning defined above what does the court ruling from the Iowa Supreme Court Order Case #43611 from August 21, 1987 mean regarding the use of R3B relating to Lot 10 before 1 -22 -2013? What is the maximum amount of allowable units per that court order that can be built on Lot 10 only in accordance with the provisions applicable to the R313 zone in effect on May 30, 1978? 12. Is it also true that currently today Monday January 28, 2013 a court order is in place per the 1987 Iowa Supreme Court Ruling in the lawsuit case #43611 Kempf vs. City of Iowa City relating to Lot 10, 49, 50 Ft 51? If not accurate or factual please legally explain the facts to me 4 13. Is it also true that currently today Monday January 28, 2013 that Lot 10, 49 Et 51 can be developed as ORDERED "in accordance with the provisions applicable to the R313 zone in effect on May 30, 1978" again per the court order in place on August 217 1987 relating to these properties in Kempf vs. City of Iowa City? If not accurate or factual please legally explain the facts to me 14. Is it also true that the court order in case 43611 ORDERED that Lot 10, 49, Et 51, so stated that "The owner or owners of said properties, and their successors and assigns, shall be permitted to develop those properties with multiple dwellings (apartments) in accordance with the provisions applicable to the R313 zone in effect on May 30, 1978, prior to the rezoning of the said real estate which was finalized on June 28, 1978. "? If not accurate or factual please legally explain the facts to me 15. Is it also true that the court order in case 43611 ORDERED "The owner or owners of said properties, and their successors and assigns, shall be permitted to develop those properties with multiple dwellings (apartments) in accordance with the provisions applicable to the R36 zone in effect on May 30, 1978, prior to the rezoning of the said real estate which was finalized on June 28, 1978." and that the Iowa Supreme Court Order that protected the R313 zone in effect on May 30, 1978 would govern the further development or redevelopment of the property not the zoning placed on the property at that time correct? If not accurate or factual please legally explain the facts to me In other words the current protected pieces Lot 10, 49 Et 51 that are undeveloped and have no use established as defined in the court order may reflect a current RS- 12 or C -01 zoning on the City of Iowa City Zoning map however legally the Iowa Supreme Court Order dated August 21, 1987 still governs the legal use of the property no matter what the City of Iowa City reflects the current or proposed zoning to be and that further development of the property is governed by the Iowa Supreme Court Ruling dated August 21, 1987 which would in turn would mean no matter what the City of Iowa City's current zoning or proposed rezoning is, this property is still protected per the Iowa Supreme Court Order dated August 21, 1987 and this property shall be developed in accordance with the provisions applicable to the R36 zone in effect on May 30, 1978,correct? If not accurate or factual please legally explain the facts to me 16. Is it also true that the court order in case 43611 ORDERED that Lot 10, 49 Et 51 has the following so stated, "It is further ORDERED that the City's Large Scale Residential Development Ordinance shall not apply to development of those properties ?" If not accurate or factual please legally explain the facts to me 17. Is it also true that the court order in case 43611 ORDERED that the "The City is and shall be enjoined from interfering with development of those properties as herein provided. "? If not accurate or factual please legally explain the facts to me 18. Is it true that legally the City of Iowa City no matter what level or department cannot legally override or ignore or change or alter an Iowa Supreme Court Order on a property without going back to court and getting a ruling from a judge? If not accurate or factual please legally explain the facts to me Sara, in your office on Friday, you stated to me that the City of Iowa City was not in violation of the Iowa Supreme Court Order Case #43611 dated August 21, 1987. Please clarify that legally. If that is a 100% factual true statement then your answer to my question #15 in this email should be answered "NO." However, if my question #15 is answered by you as a "YES," then the City of Iowa City legal and City of Iowa City Council, by their actions to date relating to these properties, are now in direct violation of the Iowa Supreme Court Order Case #43611 dated August 21, 1987. If not accurate or factual please legally explain the facts to me Fact: The City of Iowa City Council by virtue or by recommendation of Staff Et Legal direction to date have set a moratorium on the properties Lot 10, 49 Et 51 and that said moratorium is the sole basis for the denial of the TSB Holdings LLC site plan submitted 1 -23 -2013. That action in itself clearly interferes with the development of the properties that is specifically ORDERED by the court, so stated, that "The City shall enjoin from interfering in the development of those properties as herein provided ". This ORDER should make clear to all parties that the City of Iowa City is in direct violation of the Iowa Supreme Court Order case 43611 and is recklessly attacking TSB Holdings LLC's property rights. If not accurate or factual please legally explain the facts to me Also we would like to further state that the City of Iowa City's attempt to rezone the properties Lot 10, 49 Et 51 defined in the Iowa Supreme Court Order to stop the development of apartments or downzone to eliminate units and value on this property is additionally interfering with the development of those properties legally defined and ORDERED in case 43611. If not accurate or factual please legally explain the facts to me *If I recall from reading the lawsuit #43611 Kempf vs. City of Iowa City the entire lawsuit was derived from the City of Iowa City attempting to rezone or downzone the property in the exact same manner the City of Iowa City is attempting today. The City of Iowa City lost that battle at the district court level, then appealed the decision and lost the appeal at Iowa Supreme Court level so we are here today with that ruling. Now we are not sure, with two losses in the City of Iowa City's corner on this exact same issue on this exact same property, why they would want to waste taxpayers' money and time and go back to court again to legally challenge something that the highest court in Iowa has already ruled on and the City of Iowa City lost twice in court. If not accurate or factual please legally explain the facts to me 19. Is it not true that even if the City of Iowa City is successful on the rezoning process before us today that the rezoning in itself does void or alter the Iowa Supreme Court Order relating to Lot 10, 49, 50 Ft 51? If not accurate or factual please legally explain the facts to me Is it not true that the Iowa Supreme Court Order shall be in full effect no matter the zoning as it legally supersedes the City of Iowa City no matter what as the governing legal rights to this property per the August 21, 1987 ruling? If not accurate or factual please legally explain the facts to me Is it not true that the properties currently shall per the ORDER by the court be developed in accordance with the provisions applicable to the R3B zone in effect on May 30, 1978 legally even if your downzoning passes City Council over the next 60 days or so correct? If not accurate or factual please legally explain the facts to me If our previous questions are not accurate please tell me how the City of Iowa City can legally change the Iowa Supreme Court Order relating to Lot 10, 49, 50 8t 51 without a judge? If not accurate or factual please legally explain the facts to me 20. Relating to Lots 10, 49, Ft 51 that are shown on TSB Holdings LLC's site plan submitted on 1 -23 -2013 1 would like clarification: Does the City of Iowa City recognize that each parcel or lot has its own legal description and is a separate legal parcel as defined in the court order by the Judge and the judge clearly ORDERS that "Once a use has been developed or established on any of the above - described properties, further development or redevelopment of "that" property shall be subject to the zoning ordinances in effect at the time such further development or redevelopment is undertaken." a. Is it true that each parcel is a separate legal lot in the City of Iowa City? b. Also is it true that Lot 10, 49 Et 51 has no use developed or established currently and that those properties are today as they were the day that the lawsuit was originally filed in the 1970's and the day that the court order was enacted or ruled on August 21, 1987 for the last 35 years +? c. So if 15 b is true then clearly Lot 10, 49 Et 51 are protected under this ruling in case 43611 and shall be developed in accordance with the provisions applicable to the R3B zone in effect on May 30, 1978 per the court ordered ruling by the Iowa Supreme Court on August 21, 1987 correct? d. If any part of A,B or C is not an accurate statement please clarify how it is not and do so with the legal reason that it is not. If not accurate or factual please legally explain the facts to me 21. Also clarify at this time and per the court order the zoning ordinances in effect relating to the development of Lots 10, 49 Et 51 are currently allowed in accordance with the provisions applicable to the R313 zone in effect on May 30, 1978 as ORDERED in case 43611 by the Iowa Supreme Court correct? If not accurate or factual please legally explain the facts to me 22. Specifically relating to TSB Holdings LLC site plan submitted on 1 -23 -2013 is it true that all building structures shown on the site plan are on one of the following lots, Lot 10, 49 Et 51? If not accurate or factual please legally explain the facts to me 23. Specifically relating to TSB Holdings LLC site plan submitted on 1 -23 -2013 is it true that all required information and more is provided that would have been required on May 30, 1978 when submitting a formal site plan to the City of Iowa City? If not accurate or factual please legally explain the facts to me 19. Specifically relating to TSB Holdings LLC site plan submitted on 1 -23 -2013 it is our understand that per my engineer and upon extensive review of the R3B zone in effect on May 30, 1978 that this site plan meets all City of Iowa City requirements per the City Ordinance and per the Iowa Supreme Court Order on August 21, 1987 in place on these properties? If not please tell us how we do not. If not accurate or factual please legally explain the facts to me 20. Specifically relating to the TSB Holdings LLC site plan submitted on 1 -23 -2013 it is our understanding that 72 units as shown would be permitted in accordance with the provisions applicable to the R3B zone in effect on May 30, 1978? If not please tell us how we do not. If not accurate or factual please legally explain the facts to me 21. Specifically relating to the TSB Holdings LLC site plan submitted on 1 -23 -2013 it is our understanding that the moratorium would not affect the development process as stated in your denial of the site plan as the court order is in effect now and will be after rezoning making the before and after compliance issue relating to Lot 10, 49 Et 51 a moot point? As it is clear we can be developed per the Iowa Supreme Court Order in accordance to the provisions applicable to the R3B zone in effect on May 30, 1978 before or after your rezoning attempt. If not accurate or factual please legally explain the facts to me 22. Specifically relating to the TSB Holdings LLC site plan submitted on 1 -23 -2013 it is our understanding that this site plan is very similar to the site plan submitted and approved in 1988 and approved by the City of Iowa City for construction. We specifically want you to look at this in relationship to the number of units in what I would call the middle land between the existing units on Dodge and 911 N Governor Street property. The 1988 plan submitted to the City of Iowa City was approved with 48units all 2 bedrooms units per Mr. Albrecht who submitted the site plan. With that information TSB Holdings LLC replicated the two 24 unit buildings that were approved in 1988 by the City of Iowa City and in compliance with the Iowa Supreme Court Order for a total of 48 two bedroom units on the same area now owned by TSB Holdings LLC. However TSB Holdings LLC has turned the two buildings onto Lots 49 Et Lot 51 in an effort to avoid having to level the trees and slopes for a parking lot. TSB Holdings LLC feels that the treed area would make a very nice natural buffer even though in accordance to the provisions applicable to the R3B zone in effect on May 30, 1978 TSB Holdings LLC would be allowed to level the slopes Et trees in that area and develop right up to the property line. Again TSB Holdings LLC is choosing not to do that at this time. TSB Holdings LLC even went further to place the two building on Lot 49 Et Lot 51 to stay in compliance with the Iowa Supreme Court Order from August 21, 1987, as it is clear both of those lots have no use established and are not developed so it is very clear that the Iowa Supreme Court Order would stand on those two independent properties or Lots 49 Et 51 defined in the ORDER. TSB Holdings LLC has attached that approved 1988 plan and Mr. Albrecht will make himself available to testify regarding that fact. Mr. Albrecht will state for the record that the 1988 site plan for an additional 60 units was approved including the 12 Plex at 906 North Dodge Street Iowa City IA and two additional 24 unit buildings on the bare land behind 906 North Dodge Street Iowa City IA. Per Mr. Albrecht this site plan showing all three new buildings and construction plans for 906 North Dodge Street Iowa City IA were done all at the same time in accordance to the provisions applicable to the R3B zone in effect on May 30, 1978 for the construction of 906 North Dodge Street Iowa City IA. And that all information relating to the site plan was approved by the City of Iowa City at that time. All of this information is public record on the City of Iowa City's website under the properties microfilm area you will find it there. You will see the site plan with the three new buildings and the construction plans are all together and approved in 1988 by the City of Iowa City. So, if it was approved then in compliance with this August 21, 1987 Iowa Supreme Court order why can we not build the same number of units with the same design that is in accordance with the provision applicable to R3B zone in effect on May 30, 1978 and that was once approved by the City of Iowa City after the court order was finalized? If not accurate or factual please legally explain the facts to me 23. Specifically relating to the TSB Holdings LLC site plan submitted on 1 -23 -2013 it is our understanding that Lot 10 which is a portion of 911 North Governor Street is one of three legal separate lots and in the lawsuit it states that the commercial building is built on Lot 8 Ft Lot 9 and that Lot 10 is protected and "shall be permitted to develop those properties with multiple dwelling (apartments) in accordance with the provisions applicable to the R313 zone in effect on May 30, 1978." The judge listed Lot 10 as a separate protected legal description and clearly defined Lot 10 in his order and that it had no use and was not development therefore when it is developed it shall be done in accordance with the provisions applicable to the R3B zone in effect on May 30, 1978. That commercial building was built before this lawsuit was even filed it has been there prior to the court rulings. So it clear that the Judge did recognize that lot had no use and was undeveloped and protected in his ruling. If not accurate or factual please legally explain the facts to me So please respond soon I would like to get these questions answered and back from you no later than Wednesday January 30, 2013 by 4pm to allow me time to review them and discuss them with you before the City Council meeting on February 5, 2013. TSB Holdings LLC is now faced with a major dilemma over this very serious issue caused by the City of Iowa City's actions we are facing a multi - million dollar loss to TSB Holdings LLC property values, so if the City of Iowa City continues down the current path proposed by Staff Et Legal with Council, TSB Holdings LLC will have no other choice but to file a lawsuit in district court to protect our property rights and enforce this court order if City Council proceeds recklessly on February 5th, 2013 with the attempted rezoning process 10 on our property. Please keep in mind TSB Holdings LLC sees the City of Iowa City's actions as a direct violation of a court order, a regulatory taking of our property as an attempt to circumvent eminent domain by the actions taken at this time to attempt to devalue or take our property rights that are protected currently by an Iowa Supreme Court Order. So with all of this said we look forward to reviewing you answers and discussing them with you in the near future in an effort to come to a resolution on this property rather than litigation that City has lost twice on this property. Thank you "OH, BY THE WAY l'M NEVER TOO BUSY FOR YOUR REFERRALS" — Your Realtor 14- .5. . . ��sv - C B R Broker Associate — REALTOR Commercial & Residential Real Estate Ambrose & Associates Realtors 25012 th Avenue Ste 150 Coralville, Iowa 52241 Mobile 319 - 631 -3268 Direct: 319 - 354 -8644 Office 319 - 354 -8118 Fax 319 - 354 -0921 Website: www.TracVBarkalow.com Licensed Broker in the State of Iowa This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510 -2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then please delete it. Thank you 11 s a� b— a= 3�- I 9B- t a a B e , e e a. eaa3 Ni -- �€ ail ► �h e xa .aka �{ iL i a. eaa3 Ni -- �€ ail ► ' fi! -- `• -- !! .� €dpi.= � �IILL .DN Fff4iAi3ity s`;'��;,�_ i��i1119isi►i`ii�l� xa .aka �{ iL i t CL rn •• M O M a) � M_ c O � N U) Q M N N N N N N N N N NN N N N N N N N Cl) C7 M M C7 0 O N m O N Co N N N is M M :3 M_ U) 'a ^ Y/ W a o �, a E 2 QVw N m p CO N N « � °I V Z N_ ❑ O � �_ d O E W 0 a t M3 a 0 W Y • � at E o � Q R v LU W z N N Ld . - i W O a) W W ❑ w o r F aa A M N N N N N N N N N NN N N N N N N N Cl) C7 M M C7 O O N N O N m O N N N N N N is Cl) M :3 M_ O O N N O N a o �, a E 2 N N N CO N N « � °I N W_ > O �_ d O E W t M3 a 0 W Y W_ aD E o � my n R v LU W z N Ld . - i W O a) W W W N w w o O u F aa 0 « > m V cc m E m o a" a 0 (p 0 .�' a 0 E _ _ O V) _ O C ¢ = w C C C O O N O cCp y�j 0-5 N d > N - N (_ A y OL gy O C •° a) c C E M a) C y M« f 'o w o m a o d 3 cci > o `a ° rn c m a �' Eo of w� rLO r 0 nO >0 jai -C oy No aN 0 3 2i m O c ' «•�L� O;. V« m o� 3 � 2 7 0 O Q`1 T ° T > N « ° N ja NL G.T C•D T p E a) `'� (a O N Q O « G W •�-• U i0 « N in 2 E O O cm O 3 .N ) a CL E ..0.. 0 y « N X° a) E O a) ago L ° ���a�i m� « L C IC d j O_ fV 3 Q C a7 •O N C« .L N N N ,D 3 T O O O m C `.0 O 7 vj a) « O N T m 0)« N O C °• C V 'a V •o — O a C 4 0 a) 0,1-0 E 2 a; 2 2 a� n• a rn cm m^ r m m ai ` 0 o 0 o aO o V 3° d a c c c 0 rn � 0: 5 r� o v C C C C« �L N� c'� O NL NN 0 c c c c 3 � — m m m d N_ u, 'D Ef a n a Y> °a � ' �CD ctic w w -s 2 M CO C fn O d N G O m Q m L 7 7 0 CL a] N N N N .y 0 0 0 0 0 0 0 M N N N N N N N N N NN N N N N N N N Cl) C7 M M C7 O O N N O N O N O N N N N N N M C7 M M_ M_ O O N N O N O N O N N N N N N W_ W W W W W Y W_ 0 > v LU W z Ld .� (n i W O Z J W W W N w w Z m F 0� w m m 0 0 0 0 0 .�' a 0 E _ _ _ _ = cn ¢ = w 0 m m CL , k)k/ !)E!; l�;v7 !§; (\jk \�) \\ § \)§! § R ! \ § \ {} \ !`§2 \\ j}(\ Z= �0 �kkk§) \ \ \ } \ /j} <! � | \| , \| ,m ?� �!» ' |\ ��� \� �:.�. ®4It CITY OF IOWA CITY MEMORANDUM Date: January 22, 2013 cc iDy To: City Council CC: Tom Markus, City Manager Geoff Fruin, Assistant City Manager Marian Karr, City Clerk Jeff Davidson, Planning and Community Development Director Doug Soothroy, Housing and Inspection Services Director From: Sara Greenwood Hektoen, Assistant City Attorney Re: City- initiated Rezoning Northside- Motion Setting a Public Hearing to rezone certain properties along North Dodge and North Governor On Thursday, January 17, 2012, the Planning and Zoning Commission approved a recommendation to Council to approve rezoning certain properties, including 906 and 902 North Dodge and 911 North Governor, consistent with Staff's recommendation. You will not have the meeting minutes prior to your consideration of this motion to set a public hearing on the rezoning, so I thought I'd provide you with additional information. Power to Rezone: In 1978, City Council approved a rezoning for this land, which resulted in litigation that made its way to the Iowa Supreme Court. Ultimately, in 1987, the Court ruled that the owner had vested rights in a site plan showing development that would not have been allowed under the 1978 rezoning, and therefore the rezoning was arbitrary and capricious as to certain properties. The Court carne to this conclusion based upon the owner's significant site improvements that had been made in reliance on a site plan that had been approved prior to the 1978 rezoning. In issuing its ruling, however, the Iowa Supreme Court noted that "existing zoning restrictions are `subject to reasonable revisions with changing community conditions and needs as they appear "'. In the 35 years since the previous rezoning, community conditions have changed and the comprehensive plan has changed accordingly. Therefore, notwithstanding the Iowa Supreme Court's ruling, it is within your power to set the public hearing and consider rezoning these properties. Moratorium: As noted in the Agenda comment, setting the public hearing establishes a 60 day moratorium on the issuance of any building permits for projects that would contravene the proposed rezoning. In particular, no permit or license could be issued a) for the enlargement of any use that could be counter to the proposed rezoning or b) for any land clearing, grading, construction, demolition or other development activity that would be counter to the proposed amendment. On January 10, 2013, a site plan was submitted to HIS for further development on the properties locally known as 902 and 906 North Dodge. There are two existing apartment buildings on these lots- one is 12 units, the other is 29 units. The site January 22, 2013 Page 2 plan proposes construction of a third 30 -unit apartment building on the site, with access from North Governor. This density would exceed the density contemplated by the proposed rezoning, and thus the moratorium would prevent the issuance of any permits for the work shown on the site plan. In any event, HIS has reviewed the January IO submission and determined that it is an incomplete submission. Staff has provided to the applicant, TSB Holdings, LLC, its initial comments identifying the deficiencies. To date, no permits have been issued for the work that would be necessary to construct the proposed building and no work has been done in anticipation thereof. Marian Karr From: Tracy Barkalow <Tracy @barkalowhomes.com> Sent: Wednesday, January 30, 2013 9:40 AM To: Sara Greenwood Hektoen Cc: Tom Markus; Matt Hayek; Susan Mims; Terry Dickens; ck- dobyns @iowa - city.org; Michelle Payne; Jim Throgmorton; Council Subject: 902 -906 North Dodge Street Iowa City IA - Attachments: 1243_001.pdf; doc20130130104251.pdf; 0993_001.pdf Importance: High Sara Et City Council- VERY IMPORTANT FACTS ON THIS PROPERTY READ THIS! I missed a few of the most important facts that should have been in my last email you should all see and read yourself these facts relating to the property. I think when you ready this you do not need to be an attorney to understand it the ruling is very clear and specific to this property and the legal future use of it. Attached to this email is the Iowa Supreme Court Order and City Memo's relating to it. 1. The Iowa Supreme Court Order from August 21, 1987 1 highlighted the parts of the order that protect the property rights that I have stated in my previous email. Please do read this it is very clear regarding use of the property and zoning ordinances relating to the property. Again I am not sure how the City of Iowa City legally can overturn an Iowa Supreme Court Order or ruling? 2. A very important City of Iowa City Memo dated August 25, 1987 from Richard J. Boyle former Assistant City of Iowa City - City Attorney that handled this case to Douglas Boothroy of H.I.S Et Donald Schmeiser Director of P.P.D. This memo states and let me quote "The order implements the decisions invalidating the rezoning of the still undeveloped portions of the land by - 1 . Providing that residential development may take place at R36 density (750 square feet per dwelling unit) and otherwide as would have been allowed under the zoning ordinances in effect on May 30, 1978. It probably would be a good idea to put a copy of the 1978 ordinances in the property file for reference when development plans are submitted. I have copies of the Zoning Code as amended through 1983 and will furnish them if you need them. 2. The city cannot require compliance with the large scale development regulations. 3. The Order does not apply to the Yoder apartment building or the Human Services Department buildings or Lots 8 Et 9 of Bacon's Subdivision. It does apply to Lot 10 of Bacon's Subdivision. If you have questions let me know - And Mr. Boyle attached the Court Order to this memo 3. Attached you will also see a highlighted map that shows Lot 10 Lot 49 Et Lot 51 all separate parcels on the map. And each parcel has no use established and is undeveloped. That fact would be supported by the fact that those parcels are the same today as they were the day that the lawsuit started in the 1970 and the same today as there were on August 21, 1987 when the Iowa Supreme Court Order was ruled on. Keep in mind the Human Service building was on Lot 8 Et 9 and built at the time of the lawsuit starting in the 1970's and was occupied with a City Issued Certificate of Occupancy for over 10 year when the Iowa Supreme Court Order was ruled on. 4. 1 have also attached the 11313 zoning ordinance that is relevant to this property you can see that TSB Holdings LLC can build 58 units per acre currently under R313 zone in effect on May 30, 1978 and that per this court order we should be legally allowed to build a total of 85.73 units on Lot 10, Lot 49 Et Lot 51 per the court order based on square footage of the lot and the minimum required square footage for each unit of 750 square foot per R313 density. TSB Holdings LLC site plan that was submitted on 1 -23 -2013 meets all of these requirements per the court order and R313 ordinances in effect on May 30, 1978. Also per the 1978 Ordinances we would be able to build all 5 bedroom apartments and rent them per the court order today even with your new city ordinances to 5 unrelated at this time. So again TSB Holdings LLC has chosen to work on a compromise and not to build at this time 5 bedroom apartments however we do have the legal right to do so per this Iowa Supreme Court Order on Lot 10, Lot 49, &t Lot 51. So with these facts and with the former City Attorney Richard Boyle's personal meme attached to this email and the City Attorney that handled this case and with all of the questions Et facts I emailed in on Monday I would hope that you can see that this rezoning clearly is a violation of the Iowa Supreme Court Order and should not take place and that TSB Holdings LLC to date has been willing to work with the City to comply with the August 21, 1987 Iowa Supreme Court Order and build what legally is permitted on those properties. If anyone on Council has questions or would like to talk to me or my attorney about this we would be happy to make ourselves available to talk with you regarding the facts of this issue before the City Council Meeting on Tuesday February 5th 2013. TSB Holdings LLC would hope that you look over my two emails and facts and come to the conclusion that the City of Iowa City needs to comply with the Iowa Supreme Court Order on this property. I would hope that City Council would defer indefinably or vote "NON" to the rezoning application before us on February 5th 2013 to avoid another waste of taxpayers' money and time with a long and drawn out litigation process that has already been before the courts and decide on twice both at the local district court level and at the highest levels of the legal system in the Iowa Supreme Court Oder dated August 21, 1987 in Kempf vs. City of Iowa City Case #43611. Thank you Tyr , . Alw�sv - CBR Broker Associate — REALTOR Commercial & Residential Real Estate Ambrose & Associates Realtors 25012 th Avenue Ste 150 Coralville, Iowa 52241 Mobile 319 - 631 -3268 Direct: 319 - 354 -8644 Office 319 - 354 -8118 Fax 319 - 354 -0921 Website: www.TracyBarkalow.com Licensed Broker in the State of Iowa This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510 -2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then please delete it. Thank you t, City of Iowa City MEMORANDUM DATit 25 August 1987 TO: Douglas Boothroy, Director of H.I.S. and Donald Schmeiser, Director of P.P.D t2 . r PROM: Richard J. Boyle, First Assistant City Attorney RE: Kempf et al v. City (J Attached for your records is a copy of the final Court Order in the Governor - Dodge property litigation. The order implements the decisions invalidating the rezonings of the still undeveloped portions of the land by - 1. Providing that residential development way take place at R3B density (750 square feet per dwelling unit) and etherwide as would have been allowed under the zoning ordinances in effect on May 30, 1978, It probably would be a good idea to put a copy of the 1978 ordinances in the property file for reference when development plans are submitted. I have copies of the Zoning Code as amended through 1983 and will furnish them if you need them. 2. The City cannot require compliance with the large scale development regulations. 3. The Order does not apply to the Yoder apartment building or the Human Services Department building or Lots 8 and 9 of Bacon's Subdivision, It does apply to Lot 10 of Bacon's Subdivision. If you have questions let me know. V '<A 1 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY F J f WAYNE KEMPF, KENNETH L. ALBRECHT, ) a� GOVERNOR -DODGE STREET RENTALS, 1 and EARL YODER CONSTRUCTION CO., 1 Plaintiffs, NO. 43611 vs. } SUPPLEMENTARY ORDERS CITY OF IOWA CITY, IOWA, ON REMAND l Defendant. The Court entered its original Findings of Fact, Conclusions of Law, and Decision in this case on November 13, 1985, the same having been filed on November 20, 1985. Thereafter, the Defendant, City of Iowa City, Iowa, appealed to the Iowa Supreme Court, and in its Opinion filed March 18, 1987, the Supreme Court affirmed in part, reversed in part, and remanded this case to the District Court for disposition in conformance with the Supreme Court Opinion. In accordance with the aforesaid Opinion of the Supreme Court, the following portion of the Decision of the Court, as set out in the Findings of Fact, Conclusions of Law and Decision, page 28, is de- feted and is of no further force and effect: "IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that Defendant's Ordinance No. 78 -2900 (rezoning Plain- tiffs' premises which are the subject of this action) should be, and hereby is declared to be illegal, null, and void as to such premises, and said Ordinance is set aside and held for naught as to those premises. IT IS FURTHER ORDERED that these premises be returned to the R3B zoning in effect at the time of enactment of said amended zoning ordinance." In conformance with the Supreme Court Opinion herein, the Court enters the following Orders which shall be construed to be a part of this Court's Findings of Fact, Conclusions of Law, and Decision herein. The 1978 rezoning of the following undeveloped properties in 0 Iowa City, Johnson County, Iowa, was unreasonable, arbitrary and capricious: Lot 10, Bacon's Subdivision in the south part of Block 1, D.A. Dewey's Addition to Iowa City, Iowa, according to the recorded Plat thereof, recorded in Plat Book 1, Page 5, Plat Records of Johnson County, Iowa. -2- All of Lot 51, and all of Lot 50 except the South 186 feet thereof, in the Subdivision of the SE 1/4 of Section 3, Township 79 North, Range 6 West of the 5th P.M., according to the recorded plat thereof recorded in Plat Book 1, Page 1, Plat Records of Johnson County, Iowa. Also, tormenting at an iron stake in the Southeast corner of Lot 49 in the Subdivision of the SE 1/4 of Section 3, Township 79 North, Range 6 West of the 5th P.M., as per the recorded plat thereof; thence North 84.5 feet; thence West 210.0 feet on a line parallel with the South line of Lot 49; thence South 84.5 feet on a line parallel with the East line of said Lot 49; thence East on the South line of said Lot 49, 210.0 feet to the place of beginning. Also, commencing at the Southwest corner of Lot 49 in the Subdivision of the SE 1/4 of Section 3, Township 79 North, Range 6 West of the 5th P.M., as per the recorded plat thereof; thence Northerly along the Westerly line of said Lot 49, 16.0 feet; thence East on a line parallel with the South line of said Lot 49 to the west line of the parcel of real estate hereinabove described; thence South 16.0 feet on the West line of the parcel of real estate hereinabove described to the South line of said Lot 49; thence West on the south line of said Lot 49 to the place of beginning. The owner or owners of said properties, and their successors and assigns, shall be permitted to develop those properties with multiple dwel'.ings (apartments) in accordance with the provisions applicable— to the R38 zone in effect on May 30, 1978, prior to the r1 said real estate which was finalized on June 28, 1978. o s sue–+ r-n It is further ORDERED that the City's Large Scale Reintia' 111 .Q(7' Development Ordinance shall not apply to development of thosoper- ties. The City is and shall be enjoined from interfering with deveV�3 opment of those properties as herein provided. If Once a use has been developed or established on any of the above - described properties, further development or redevelopment of that// roperty shall be subject to the zoning ordinances in effect at the time such further development or redevelopment is undertaken. Dated this day of August, 1987. Hero i I es, Judge Si Judicial District of Iowa t.•l8b u;. � t � R ev — �� .3- Approved: F itnard r.. oy,e First Assistant City Attorney City of Iowa City, Iowa ATTORNEY FOR DEFENDANT Ronalt W. Wen ATTORNEY FOR PLAINTIFFS cc: Ronald W. Wendt 200 First Street S.W. Cedar Rapids, Iowa 52404 Richard J. Boyle First Assistant City Attorney 410 E. Washington Street Iowa City, Iowa 52240 BY f07 Mailing u � ucument ` He Uuns bie nt 4 TS I ZT N -- - - - - -- -- - ... - , - - - - -- .-11--- _ - - - -- � j 1 1 f I 1 1 1 1 1 I i ' f 1 1 i f 1 f 1 1 1 f i . 1 1 f � - 5 i i i • P� 1� a� ftj L - i ! �e i ( Rt S \ � r ��ji lii= it s is F��af i1 aN��i f lJ ! 1 i�! ��' �PI, "DIN iJ� i - -, 11 ;t 11 iY ii *lilt PIPS �. 1- --1 - -- ittd'l.li {3 fa $ u All Ili,tSiaSss {.dt St SF i J > S_: i ! �e i APPENDIX A— ZONING § 8.10.10 The storage of such materials and equipment may be permitted when located at least 30 feet from any street right -of -way line and when in conformity with the above provisions, except that the storage of live- stock feed, coal and similar materials shall not :be closer than 300 feet to any R District and shall be so handled as to effectively control dust, noise and odor. All combustible material shall be'stored in such a way as to include, where necessary, access drives to permit free access of fire fighting equipment. Open storage of junk, waste products, salvaged or wrecked automobiles shall be confined to M2 Zones and all the regulations of Section 8.10.16 shall be ap- plicable and nothing herein contained in this Section shall be deemed to permit the open storage of said materials in any zone except M2 Zone. Open storage of equipment and materials shall not be permitted in the ORP Zone. (Ord. No. 74 -2720, § II (H), 5 -7 -74) I. Lighting. All light sources shall be shielded from ad- jacent R districts. (Ord. No. 74 -2720, § II(I), 5 -7 -74) J. Compliance. All uses which were not previously re- quired to .provide screening prior to the passage of this Ordinance shall conform to the requirements of this Ordinance within one (1)! year from the passage.there- of. Nothing herein contained shall be construed to grant additional time for compliance with any screen- ing requirements of any uses covered by previous Ordinances or any' other sections of Title VIII of the Municipal Code of Iowa City. (Ord. No. 74 -2720, § 11 (J), 5 -7 -74) 8.10.19 Additional regulations. I. The uses listed in B [II] of this Section may [be] lo- cated only in certain Zones under the specified conditions. H. The special uses, the conditions that must be observed, and zones in which such uses will be allowed are: 2509 µ D4' C] CD 'd ct- i1 I is A 'd n b c n OT9Z @ cr �+ g, o L�+ cU'r rat, Chi- — m p t� o �* ID CD J P, 58, rnn .. m � CD . . CD K o R. CD 0 CD 'd rp fi K m �-s P� CCDD CD � � b H C CD F-b µ D4' C] CD 'd ct- i1 I is A 'd n b c n @ cr �+ g, o L�+ cU'r rat, Chi- — m p N ¢ H St aq CD J P, O o iv m u' �a 0 CD V N 0 CD 0 � 0 fi "' CD co co "' o 'd rp fi K m �-s P� CCDD ice-•. i�' m. H C CD F-b µ D4' C] CD 'd ct- i1 I is A 'd n b x000 AlIo Y.Roi 6 ovf3 §, c n $ aq c+ CCDD m. 5. a' cu t� t- p 1-3 °0 �� o tj ��P, 00 C K to h d m Co tv CTI CD 0 ~ N (*j . CD CD O N. 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En GOO ° (D I o (D to F-6 p �+�'zi m � w m r\� v (D p� m �' OogOLoO g q q o 0 0 _ O CL Hi v P+ O t-14 . H C�.C! O CD CDD � (D S�+ er n CD � O cfi �. H � p SE 61*01•8 § -DNIMOZ —V xiaNHaaV N co 0 N 0 R co m 0 N O O (d § 8.10.20 IOWA CITY CODs; 8.10.20 Planned area development. A. Preliminary plan. Whenever the owner or owners of a tract of land composing an area of not less than two (2) acres within the corporate limits of Iowa City wishes to make a planned area development in accordance with this Ordinance, he shall submit to the City of Iowa City six (6) copies of a preliminary plan and application for preliminary approval. The preliminary plan for the use and development of said tract of land may show variations from requirements of the particular zone in which the tract of land is located. The application shall be accompanied by the following: 1. A location map. 2. A preliminary plan of the Planned Area Development drawn to a scale of 1" = 100', said plan to show: a. Contours at 5 feet intervals or less b. Approximate location of all proposed streets c. Proposed use of the land (shown by zoning clas- sification that would be most suitable for build- ing type and population density in the planned area development or in any sub -area thereof) d. Proposed overall population density of the planned area development e. Proposed general arrangement of the buildings f. Location and area of proposed open space areas (either to be held in common or publicly, whether to be used for active recreation purposes or as only an environmental amenity) g. Sketches to indicate the general design of build- ing types and the overall character of the develop- ment. h. The following fees will be charged: (1) Preliminary Plan- Planned Area Development _______$100 + $1 per lot and /or dwelling unit. 2518 APPENDIX A— ZONING § 8.10.20 (2) Where combinations of Preliminary Plats, Planned Area Developments, and /or Large Scale Residential Development are filed as one plat, the fee is ---------------- $15G + $1 per lot and/ or dwelling unit. (Ord. No. 74- 2714, § II(A), 4- 16 -74) B. Preliminary approval. Procedure for preliminary ap- proval of any planned area development plan shall be in ac- cordance with preliminary approval of subdivision and large scale residential developments. C. Final plan. The final plan shall meet all of the require- ments of the .preliminary plan and meet the specifications of the subdivision and large scale residential development regu- lations where applicable. D. Final plan of sub -area. After preliminary approval of the entire planned area development is given, a final plan of a segment or sub -area within the planned area development may be given if : 1. The plan of the sub -area meets all requirements of a final plan. 2. The population density planned within this sub -area does not exceed the population density allowable for that area under existing zoning. 3. It is conclusively shown that the sub -area can func- tion as an independent development unit with adequate access, services, utilities, open space, etc. 4. The developer dedicates all public rights -of -way neces- sary to support the sub -area. 5. The following fees will be charged: (1) Final Plan - Planned Area or Sub -area De- velopment ---- — ---------------------------------- (2) Where combinations of a Final Plat, Planned Area or Sub -area Development and /or Large Scale Residential Development are filed as one plat, the fee is ------- _--- ------- — ----- _ ------- — _$60.00 (Ord. No. 74 -2714, § II(B);, 4- 16 -74) 2519 § 8.10.20 IOWA CITY CODE E. General requirements. 1. Land uses. Combinations of land uses including single family, multiple family and commercial uses are per- mitted and variations in building setbacks and lot area requirements as called for in the Zoning Ordinance may be approved for planned area development. 2. Population density. The overall population density within the planned area development shall not exceed that average net population density (total land minus street right -of -ways) which would be allowed under the applicable zoning classification (s). 3. Open space. Planned area developments shall take into consideration the need to provide open space for recre- ational .purposes and to enhance the general character of the area. a. In the event the open space land is to be retained under private ownership, the developer must sub- mit a proposed legally binding instrument setting forth the procedures to be followed in maintaining said areas and the means for financing mainte- nance costs. b. All proposed dedications of land for public uses in- cluding that to be dedicated for recreational uses shall be approved in writing by appropriate de- partments of the City government prior to approval of the plan by the Commission. All land dedica- tions for public use shall conform to the require- ments of City Ordinances. 4. Ownership. At the time of final approval of a planned area development by the Commission, the developer must submit evidence of ownership of the property to be developed or show evidence of legally binding exe- cuted option agreements for purchasing all of said property. 5. Dedication of public right -of -way. All proposed dedi- cations of land for public uses including that to be 2520 r.. APPENDIX A— ZONING § 8.10.20 dedicated for recreational uses (shall be approved in Writing by appropriate departments of the City gov- ernment prior to approval of the plan by the Commis- sion. All land dedications for public use shall conform to the requirements of City Ordinances. 6. Streets. Planned area developments shall make pro - vision for continuation and extension of arterial and collector streets and shall be done in accordance with current City standards. 7. Schedule of completion. A developer or sponsor of a planned area development shall be required to submit a signed statement generally describing the proposed development and setting forth an intended time sched- ule for the completion of various phases. T'. Report of the planning and z01tin9 commission. Upon completion of review of the proposed planned area develop- ment, the Commission shall prepare a written report to the Council to substantiate their stated recommendation. This report shall deal with the following: That the variances in setback, lot area requirement, build- ing heights, building types, sizes of buildings, and the combination of land uses will be in the public interest, in harmony with the purpose of this Ordinance and other building regulations of the City and will not adversely affect nearby properties; and that the parking requirements of this Ordinance otherwise prevailing in the zone have not been reduced. G. Final approval. After the recommendations of the Plan- ning and Zoning Commission have been filed or if the Plan- ning and Zoning Commission does not report back in 45 days, the City Council shall, before giving final approval to any planned area development, hold a public hearing in relation thereto, giving at least 15 days notice of the time and place of such hearing, which notice shall first be published in a news- paper having a general circulation in the City of Iowa City, Iowa. If the Planning and Zoning Commission recommends against the planned area development plan, such plan shall 2521 y 8,10.20 IOWA CITY CODE not be approved by the City Council nor become effective except by a favorable vote of three - fourths of the members of the City Council. After proper approval of the Plan, permits may be issued to carry out the approved plan even though it may not conform in all respects to other obligations of this Chapter. H. BuilAing permits. The final plan or parts thereof as finally approved by the City Council shall be filed with the Building Inspector's office and all building construction per- mits shall be issued on the basis of conformance with said plan. Minor changes in building arrangements that do not substantially alter the character of the development are al- lowable. Any other changes shall be considered as amendments to the approved final plan, including changes in street loca- tions, land use and building arrangements and must be con- sidered and acted upon by the Planning and 'Zoning Commis- sion and the City Council prior to issuing building permits related to such changes. In the event commercial uses are approved as a part of a planned area development, a building permit for said com- mercial facilities shall not be issued until a minimum of 25% of the housing units planned for the area (or approved sub- area) have been completed or will be built simultaneously. Separate building permits shall be obtained by the developers for the construction of housing and commercial facilities where separate buildings are used. 8.10.21 Non - conforming use regulations. A. It is the intent of this Chapter that all non - conforming uses shall be eventually eliminated. B. A non - conforming use may be continued and, if there are no structural alterations, such a use may be converted to a use permitted in the same or higher zone. If it is changed to a use permitted in a zone higher than the zone in which the existing use is permitted, it cannot be changed back to a use permitted in a lower zone. If it is changed to a conforming use, it cannot be changed back to a non - conforming use. For 2522 APPENDIX A— ZONING § 8.10.22 the purposes of this paragraph the "same zone" means the most restrictive zone in which the non - conforming use is a permitted use; a "higher zone" means a zone which is more restrictive than the most restrictive zone in which the non- conforming use is a permitted use. (Ord. No. 75 -2788, § II (III), 11-25-75) C. If a non - conforming use is stopped for two years or more, it then must conform to the use regulations of the Zone in which it is located. D. A non - conforming use cannot be enlarged, extended, re- constructed, or structurally altered unless changed to a por- mitted use, with the following exception: Within the ten year period following August 7, 1962, non- conforming light in- dustrial uses in the C Districts and non - conforming industrial uses in the M1 Zone may be enlarged if the enlargements do not total more than a 507o increase in cubicle contents of buildings as existing on August 7, 1962. E. If anon- conforming use is damaged by more than 50,70 of its value by fire, explosion, act of God, or the public enemy, than [then] any restoration must be for a permitted use. F. Where premises in an R District "were used only for open storage or only for signs and billboards, such uses must be discontinued and the stored material or signs removed within five years after August 7, 1962. G. All junkyards as set out in Section 8.10.16B, shall con- form with requirements of Section 8.10.18A within five years after August 7, 1962. H. Passage of this Chapter in no way legalizes any illegal uses existing on August 7, 1962. 8.10.22 Height regulations. A. Except as provided in Section B, buildings shall not exceed the following height limits: 1. In RYA, RIB, R2, R3, CO and CH Zones, said build- ings shall not exceed two and one -half (2 -1/2) stories 2523 § 8.10.22 IOWA CITY CODE and shall not exceed thirty -five (35) feet; except that a building on a lot in the CO or CH Zone within 45 feet of the side lot line of a lot with an existing residen- tial building in an R Zone shall not exceed the height of said residential building. (Ord. No. 74 -2734, § II, 9- 17 -74; Ord. No. 74 -2736, § II(E), 10- 15 -74) 2. In RM, R313, C2, M1, IP and ORP Zones, said buildings shall not exceed three (3) stories and shall not exceed 45 feet. (Ord. No. 74 -2720, § II (K), 5-7 -74) 3. In the C1 Zone said buildings shall not exceed 25 feet. 4. In M2 Zones said buildings shall not exceed 100 feet, provided where a lot in M2 Zones is adjacent to a lot in an R District, the building shall be set back from such a line one foot for each 6 feet of building height. (Ord. No. 74 -2718, § II (F), 4- 30 -74) 5. In the CB Zone, said buildings shall not exceed fifteen stories and shall not exceed 170 feet. (Ord. No. 74 -2718, § II(G), 4- 30 -74) 6. In the CBS Zone, said buildings shall not exceed -8 stories and shall not exceed 100 feet. (Ord. No. 74 -2718, § II(H), 4- 30 -74) B. The height limits set out in Section A above may be exceeded in the following instances: 1. A public building, church, temple, hospital, institu- tion, or school may be increased in height up to a maximum height of 70 feet if set back an additional foot over the yard required in Section 8.10.23 for each two feet over the height limit otherwise required. This Section has no effect on the height limitations for the CB and M2 Zones. 2. Chimneys, church steeples, cooling towers, elevator block heads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, radio and television towers, grain ele- vators, or necessary mechanical appurtenances are exempt from the height regulations. 2524 APPENDIX A- 7,,ONING § 8.10.22 3. .Storage buildings are exempt from the story limitation but are not exempt from the "number of feet" limita- tion. 4. Buildings in the C1 and ORP Zones may be increased in height one (1) foot for each foot that the building is set back from all required yard lines. (Ord. No. 74 -2720, § II (L), 5 -7 -74) 5. A high rise apartment house or apartment hotel com- plying with the provisions of 8.10.19. C. Approach and clear zones. No building or structure or any portion thereof shall be erected within the approach zone of any runway or landing strip established by the Master Plan of the Iowa City Municipal Airport in excess of a height above the elevation at a point 200 feet from the end of any said runway equal to one- twentieth of the horizontal dis- tance from the point 200 feet from the end of said runway, measured along the centerline of said runway extended. The approach zone is considered to be a trapezoidal area extend- ing from a point 200 feet from the end of any said runway and in the same direction as said runway for a distance of 2000 feet. Such area is 400 feet wide at a point 200 feet from the end of the runway and 800 feet wide at a point 2200 feet from the end of said runway, all being extended in the same direction as said runway. Further, no buildings or structures or any portion thereof shall be erected in the transition zones on either side of an approach zone of any such runway or landing strip in excess of a height above the elevation at a point 200 feet from the end of said runway measured along the centerline of said runway extended plus one - seventh of the horizontal distance to the near edge of the approach zone, measured perpendicular to the centerline of said runway extended. Where an airport is bounded by a public road, the effective length of runways directed over any said public road shall be computed (using a slope of 20 feet horizontal to one foot vertical) to produce a height of fifteen feet at the right -of -way line of such road nearest the airport. 2525 § 8.10.22 IOWA CITY CODE D. Those parts of existing buildings that violate height regulations may be repaired and remodeled but may not be reconstructed or structurally altered. 8.10.23 Yard regulations. A. Except as specifically provided in Sections B and C, yards shall be provided for buildings as shown in the follow- ing tabulation: One Front Yard Two Side One Rear Having a Depth Yards Having Yard Having Zone of Width of a Depth of R1A 30 feet 8 feet 30 feet R113 25 feet 5 feet 30 feet R2 25 feet 5 feet 25 feet R3, RBA, R3B 20 feet 5 feet 25 feet C.1 20 feet None 20 feet CO 25 feet None None CH 40 feet None None C2 None None . None CB None None None CBS None None None M1 25 feet None None M2 None None None IP 25 feet None None PC 40 feet 20 feet 20 feet ORP 200 feet 100 feet 100 feet (Ord. No. 74 -2718, § 11 (1), 4- 30 -74; Ord. No. 74 -2720, § II (M), 5-7-74; Ord. No. 74- 2729, § I (E) , 8-6-74; Ord. No. 74 -2736, § II(F), 10- 15 -74)� B. The following general regulations for yards must also be observed: 1. In the C1, M1, IP and ORP Zones on lots fronting on two non - intersecting streets, a front yard must be provided on both streets. (Ord. No. 74 -2720, § II(N), 5 -7 -74) 2. On corner lots, the required front yard and the use and restrictions thereof shall apply to both streets. (Ord. No. 74 2720, § II(0), 5 -7 -74) 252!6 APPENDIX A— ZONING § 8.10.28 3. On corner lots in the C, M, and IP Districts that rear upon an R District, a ten -foot yard must be provided along the side street side. 4. Where a frontage is divided among the districts with different front yard requirements, the deepest front yard shall apply to the entire frontage. 5. Where a lot is in a C, M, or IP District and is next to an R District, the side or rear yard required in that R District must be provided along the boundary line. 6. In the C, M, IP and ORP Districts there may be more than one commercial or industrial building on a lot pro- vided that the required yards be maintained around the group of buildings. (Ord. No. 74- 2720, § II(P), 5-.7 -74) 7. Dwelling uses, except hotels, locating in C and M Dis- tricts, must provide the yards required in the R3 Zone. 8. There may be two or more related multi- family, hotel, motel, or institutional buildings on a lot; provided that (a) the required yards be maintained around the group of buildings, and (b) buildings shall be separated by a horizontal distance that is equal to the height of the highest building. 9. Those parts of existing buildings that violated these yard regulations may be repaired and remodeled but not reconstructed or structurally altered. C. The following exceptions may be made in Yard Regula- tions: 1. On separate tracts the side yard may be reduced to ten percent of the tract width but not less than five feet in the R1A Zone and three feet in all other zones, except that this provision shall not apply to corner lots. 2. On separate tracts the rear yard may be reduced to 20 percent of the tract depth. 3. Where, on August 7, 1962, 40 percent or more of a frontage was occupied by two or more buildings, then the front yard is established in the following manner: 2527 § 8.10.23 IOWA CITY CODE (a) Where the building furthest from the street pro- vides a front yard not more than ten feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of the then - existing front yards. (b) Where (a) is not the case, and a lot is within 100 feet of a building on each side, then the front yard is the line drawn from the closest front corners of these two adjacent buildings. (c) Where neither (a) nor (b) is the case and the lot is within 100 feet of an existing building on one side only, then the front yard is the same as the existing adjacent building. 4. Sills, belt courses, cornices, chimneys, and ornamental features may project only two feet into a required yard. 5. Open fire escapes, fireproof outside, stairways and bal- conies opening upon fire towers, and ordinary projec- tions of chimneys and flues into a rear yard for a dis- tance of not more than 3 -1/2 feet when so placed as to not obstruct light and ventilation, may be permitted by the Building Inspector. 6. Open terraces which do not extend above the level of the ground (first) floor may project into a required yard, provided these projections be at least two feet dis- tant from the adjacent lot line. A railing not more than 30 percent solid and not more than 3 feet high may be permitted around the terrace. 7. No side yards are required for dwellings that are erected above commercial and industrial structures. 8. In all new buildings, if side yards are provided where not required, they must be at least five feet wide. 8.10.24 Area regulations. A. Except as provided in ;section 8.1024.B., there shall be minimum lot frontage, minimum lot width, minimum lot area, 2528 APPENDIX A= ZONING § 8:10.24 and minimum lot area per family as shown on the following tabulation: (Area Per Family in .Square Feet) Lots Dwellings Frontage Width Area in Single Two Multi - Zone in Feet in Ft. Sq. Ft. Family Family Family RIA 40 80 10,000 10,000 RIB 35 60 6,000 6;000 R2 35 50 5,000 5,000 3,000 R3 35 50 5,000 5,000 3,000 3,000 R3A 35 50 5,000 5,000 2,500 1,000 R3B 35 50 5,000 5,000 2,500 750 C1 35 35 none 10,000 10,000 10,000 CO none none none CH none none none 10,000 10,000 10,000 C2 none none none 6,000 3,000 2,000 CB none none none 5,000 2,500 750 CBS none none none * * 750 M1 none none none • 6,000 8,000 6,000 M2 none none none IP none none none ORP 400 400 304,920 * Indicates not permitted in the district. (Ord. No. 74- 2718, § II(J), 4- 30 -74; Ord. No. 74 -2720, -§ II(Q), 5 -7 -74; Ord, No. 74 -2729, § I(F), 8 -6 -74; Ord. No. 74 -2736, § II(G), 10- 15 -74) B. In an R or C1 Zone, a non - conforming lot which does not meet the frontage and width requirements may be used for any use permitted in the zone in which it is located provided all other requirements of this Chapter are met. A non -con- forming lot which does not meet the area requirement may be used only for a single family dwelling. (Ord. No. 77 -2838, § II, 5- 24 -77) C. A single family dwelling located on a non - conforming lot may be repaired, remodeled, reconstructed or structurally altered provided all other requirements of this Chapter are met. A two- family or multi - family building located on a non - conforming lot which does not meet the area requirement may be repaired and may be remodeled to a lesser number of 2529 EN '§ 8.10.24 IOWA CITY CODE units but shall not be reconstructed or structurally altered. (Ord. No. 75 -2788, § II(IV), 11- 25 -75; Ord. No. 77 -2837, § II (B), 5- 24 -77) D. Repealed. (Ord. No. 77- 2838, § III, 5- 24 -77) E. The minimum area of an ORP Zone shall not be less than 21 acres. (Ord. No. 74 -2720, § II (R), 5- 7 -74), 8.10.25 Off - street parking requirements. A. In all zones except the CB Zone there shall be pro- vided at the time any building or use is created or structurally altered (except as otherwise provided in this Chapter), off - street parking spaces in accordance with the following re- quirements: Use Space Requirements 1. Single and two family Two spaces per each living dwellings. unit. 2. Multiple family dwelling. 3. Assembly halls or rooms without fixed seats; ex- hibition halls (except church assembly rooms) in conjunction with audi- toriums. 4. Clubs, lodges, fraternal and similar organizations. 11/z spaces *per dwelling unit except that such dwelling unit with less than 300 square feet of floor area shall have not less than 11/4 spaces. One space for each 100 square feet of floor area used for as- sembly, dancing or dining. One space for each 300 square feet of floor area. 5. Fraternities, sororities, One space for each 300 square and dormitories. feet of floor area. 6. Rooming, lodging or boarding houses, apart- ment hotels, or tourist homes. One space for each 300 square feet of floor area. 2,530 APPENDIX A— ZONING § 8.10.26 Use 7. Motels and hotels. 8. Churches, except that existing churches and additions to or enlarge- ments of churches exist- ing on August 7, 1962, shall be exempt from this requirement. 9. Hospitals, except animal. 10. Clinic, except animal. 11. Nursing and Custodial Homes. 12. Schools, including public, parochial, and private: a. Nurseries, prekinder- garten, kindergarten and other schools where at least 100 square feet of open play area is provided. b. Elementary- junior high. c. Senior high. 13. Libraries, museums and art galleries. 14. Funeral homes and mor- tuaries. 15. Auditoriums, theaters, sports arenas and other similar places of assem- Space Requirements 11/1 spaces per each living unit. One space for each 6 seats in the main auditorium or where pews or bench type seats are provided, 20 inches of such seating ' facilities shall be counted as one seat. One space for each bed. One space for each 100 square feet of floor area. One space for each 100 square feet of floor area. Two spaces for each class- room. Three spaces for each class- room. Ten spaces for each class- room. One space for each 300 square feet of floor area. One space for each 300 square feet of floor area. Parking spaces shall be pro- vided at the ratio of 2/3 the de- signed maximum capacity of 2531 § 8.10.25 IOWA CITY CODE 'Use Space Requirements bly, except bowling al- the facility in participants or leys, miniature golf one parking space for each 5 courses, and game rooms. seats provided in the facility, whichever is greater. 16. Banks and savings and loan institutions. 17. Automobile laundries. 18. Automobile service sta- tions and garages. One (1) parking space shall be provided for each two hun- dred (200) square feet of floor area. Drive -in establishments shall, in addition, provide six (6) stacking spaces per ex- ternal teller or customer serv- ice window, but need not ex- ceed 18 total spaces. Stacking spaces shall be pro- vided equal in number to five (5) times the maximum ca- pacity of the automobile laun- dry for each wash rack (bay or tunnel) or three (3) times the maximum capacity for a coin operated laundry for each wash rack. In addition, one (1) parking space shall be provided for each two (2) wash racks. Maximum capac- ity, in this instance, shall mean the greatest number of automobiles undergoing some phase of laundering at the same time. Stacking spaces for automobile laundries in combination with service sta- tions may be provided behind the pumps. Two (2) stacking spaces shall be provided for each island of pumps and each service stall 2532 APPENDIX A— ZONING § 8.10.25 Use 19. Motor vehicle and ma- chinery sales. 20. Restaurants, drive -in or carry -out. 21. Restaurants or establish- ments dispensing food or beverages for consump- tion on the premises (not including drive -in estab- lishments) . 22. Furniture, appliance and household equipment stores or furniture and appliance repair shops. 23. Retail stores other than listed. 24. Bowling alleys. 25. Miniature golf courses Space Requirements plus one (1) parking space for each four (4) pumps and service stall. Parking spaces shall be provided in lieu of stacking spaces in instances where egress from a facility would 'require a motor ve- hicle waiting for entry to be moved. One (1) parking space shall be provided for each eight hun- dred (800) square feet of floor area. One (1) parking space shall be provided for each fifty (50) square feet of floor area, but not less than ten (10) spaces. One (1) parking space shall be provided for each eighty -five (85) square feet of floor area, or one (1) parking space for each three (3) seats, which- ever is greater. One (1) parking space shall be provided for each five hun- dred (500) square feet of floor area. One (1) parking space shall be provided for each one hundred eighty (180) square feet of floor area. Three (3) parking spaces shall be provided for each alley. One (1) parking space shall be provided for each five hun- 2533 § 8.10.25 IOWA CITY CODE Use Space Requirements dred (500) square feet of play area. 26. Warehousing and storage One (1) parking space shall be areas. provided for each one thou- sand (1000) square feet of floor area. 27. Off- street parking space requirements. For all uses, ex- cept those above specified, off- street parking spaces shall be provided accordingly: (a) When located in the R, CI, or CH Zones, one space for each one hundred (100) square feet of floor area. (b) When located in the CO Zone, one space for each two hundred (200) square feet of floor area. (c) When located in the C2 Zone, one space for each three hundred (300) square feet of floor area. 28. For commercial uses in the M and ORP Zones, one space for each 300 square feet of floor area; for industrial uses in M and IP Zones, and all other uses in the ORP Zone, one space for each 600 square feet of floor area. 29. For all office or commercial uses in the CBS Zones, park- ing shall be exempt except for the uses listed in Section 8.10.25A.7 and 17 through 20. Drive -in banks and sav- ings and loan institutions need not comply with the parking requirement but shall comply with the stacking space requirement. (Ord. No. 74 -2718, § II(K) —(M), 4- 30-74; Ord. No. 74 -2720, § II(S), 5 -7 -74; Ord. No. 74- 2729, § I(G), 8 -6 -74; Ord. No. 74 -2736, § 2(H), 10- 15 -74; Ord. No. 76 -2798, § II(B), 6- 22 -76; Ord. No. 77 -2854, § 2(2)—(4), 8 -9 -77) B. Rules for computing off - street parking. In computing the number of off - street parking spaces required, the follow- ing rules govern: 1. "Floor area" means the gross floor area of the spe- cific use. 2534 APPEMIR A ZONING § 8.10.25 2. Where fractional spaces result, the parking spaces re- quired is the next largest whole number. 3. Whenever a building erected or established after the effective date of this amendment is enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need for an increase in the number of existing parking spaces, such spaces shall be provided on the basis of the enlarge- ment or change. (Ord. No. 74- 2720, § II(T) -, 5 -7 -74) 4. Whenever a building existing prior to the effective date of this amendment is enlarged to the extent of less than 50% in floor area, the said addition or enlarge- ment shall comply with the parking requirements set forth herein. 5. Whenever a building existing prior to the effective date of this amendment is enlarged to the extent of fifty per cent (50,7o) or more in the floor area or in the area used, by one or more enlargements, the original building and any enlargements' or uses shall then and thereafter comply with the parking requirements set forth herein. 6. Whenever a building existing prior to the effective date of this Chapter is converted to any other use, said structure shall then and thereafter comply with the parking requirements set forth herein. 7. In the case of* mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. 8. "Seat" means the space intended for one individual. Where benches or pews are used, the number of seats shall be based on one person for each eighteen (18) inch- es of length of the pews or benches. Where booths are used in dining areas, the number of seats will be based on one preson for each twenty -four (24) inches or major portion thereof of length of booth. (Ord. No. 77 -2854, § 2, 8 -9 -77) 2535 § 8.10.26 IOWA CITY COI M' C. Screening of off- street parking areas. In the R District and in the C, M, and II' Zones within 50' of an R Zone —Where -four (4) or more contiguous off - street parking spaces are located, adequate screening of vehicles sufficient to obscure said vehicles from public view shall be designed, planted or constructed, and maintained in accordance with the following provisions: 1. Permanent type evergreen plantings, `hardy to Iowa climate, installed at an initial height of at least three (3) feet and have a permanent height of at least six (6) feet within five (5) years. 2. In lieu of planting strips, a six (6) foot solid fence of heavy construction approved by the Building Inspector may be used for screening purposes. (Ord. No. 74 -2729, § I (H), 8 -6 -74) D. Location of parking space in yards. Off- street parking spaces may be located within the required yards as follows: 1. (Repealed). (Ord. No. 76 -2798, § III, 6- 22 -76), 1a. For single family dwellings in all permitted zones ex- cept the R1A zone, one parking space may be located in the required front yard, on a driveway no wider than 12 feet, except that a minimum of 50% of the total front yard area shall remain in open space free of parking and driveways. (Ord. No. 76- 2798, § II (C), 6- 22 -76) 1b. For two family dwellings in all permitted zones, two parking spaces may be located in the required front yard, on a driveway no wider than 24 feet, or if the structure has two driveways, neither must exceed 12 feet in width, except that a minimum of 50% of the total front yard area shall remain in open space free of parking and driveways. (Ord. No. 76 -2798, § II(C), 6- 22-76) 2. Parking spaces may be provided in the side yards ex- cept that a minimum -of 5G% of the total side yard area shall remain in open space free of parking and driveways and the parking spaces shall be screened according to paragraph C of this Section, 8.10.25. 2536 APPENDIX A— ZONING § 8.10.26 Parking spaces may be provided in the rear yard in the R and ORP Zones and in any yard in the C, M, and IP Zones except that in the C and M Zones, no park- ing space may be provided in a front yard unless the building is set back at least 30 feet from the street. In the ORP Zone no parking space may be provided in the front yard except for guest parking which, if suit- ably screened from view at the 'street, may be located within 50 feet of the front yard line. (Ord. No. 74 -2729, § 1(1), 8 -6 -74) E. Location of parking spaces; shared use. 1. All parking spaces required herein shall be located on the same building lot as the use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located not more than three- hundred (300) feet therefrom. 2. Not more than fifty percent (50 %) of the parking spaces required for (a) theaters, bowling alleys, dance halls, nightclubs or cafes and up to one hundred per- cent (1007o) of the parking spaces required for a church or school auditorium may be provided and used jointly by (b) banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in (a); provided, however, that written agree- ment thereto is properly executed and filed as specified below. 3. In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly pro- vided and used, a written agreement thereto assuring their retention for such purposes, shall be properly drawn and executed by the parties concerned, approved as to form by the City Attorney, and shall be filed with the application for a building permit. 2537 § 8.10.25 IOWA CITY CODE F. In the CB Zone, 1 -1/4 off- street parking spaces per each living unit of a hotel or motel shall be provided and meet all applicable regulations of Section 8.10.25.G. (Ord. No. 74 -2730, § II(A), 8 -6 -74) G. In the CB Zone, public, private or commercial off - street parking facilities, excepting parking for a hotel or motel, shall be permitted only after approval by the City Council subse- quent to the receipt of a report from the Planning and Zoning Commission and Council shall consider the impact of the pro - posed facility upon surrounding land uses in relation to the following requirements for off - street parking. 1. Minimum spaces: A minimum of 15 spaces shall be provided with any parking facility. 2. Screening: Screening of off - street parking facilities shall be provided in accordance with the applicable regulations of other sections of the Code. Where a parking facility abuts a street, it shall be separated therefrom by a solid fence, wall, evergreen hedge or earth mound having a height of not less than three (3) feet which shall be continuously maintained in good condition. 3. Access: Each entrance and exit to a parking facility shall be constructed and maintained so that any vehicle entering or leaving the parking lot shall be clearly visible at a distance of not less than ten feet to a person approaching such entrance or exit on any sidewalk or pedestrian way. Exits from parking lots shall be clearly posted with "STOP" signs. Appropriate bumper guards, entrance and exit signs, and directional signs shall be maintained where needed. 4. Landscaping: Landscaping plant materials, including trees, shall be appropriately placed in off - street parking areas, and shall cover a minimum of two percent of the ground area of the parking facility. 5. Surface: Parking spaces shall be paved with a perma- nent, dust -free surface. (Ord. No. 74 -2730, § II(B), 8 -6 -74) 2538 APPENDIX A--- ZONING § 8.10.26 H. Commercial vehicle parking. Commercial vehicles con- taining detonable materials or flammable solids, liquids or gases shall not be parked or stored on any lot in an R Zone except for the purpose of making local deliveries. (Ord. No. 74 -2721, § II, 5- 21 -74; Ord. No. 75 -2766, § II, 5- 27 -75) 8.10.26 Permitted accessory uses. A. The following accessory uses are permitted: 1. In the R1A, R1B and R2 Zones: (a) Private garages. (b) Home occupations. (c) Vegetable and flower gardens. (d) Tennis courts, swimming pools, garden houses, pergolas, ornamental gates, barbecue ovens, fire- places, and similar uses customarily accessory to family uses, and fallout shelters or blast shelters. (e) Storage of wood, lumber and other material where the land occupied by such storageis confined to one location with a maximum area of 100 square feet; provided that there' is at least -8 inches of free air space under such storage. (f) Keeping of small animals commonly housed in a dwelling but not for sale purposes; provided, how- ever, that this shall not affect farms of more than three acres where animals are housed in structures located more than 50 feet from property lines. 2. In the R3 Zone there may also be storage garages, and parking lots. 3. In the C1, CO, CH and C2 Zones there may also be a use of not to exceed forty (40). percent of the floor area for incidental storage. (Ord. No. 74 -2736, § II(I), 10- 15 -74) 4. In the C2, CB, CBS and M Zones, there may be any accessory use, except that any private off- street park - 2539 § 8.10.26 IOWA CITY CODE ing facility in the GB Zone shall be permitted only after approval by the City Council subsequent to the receipt of qt report from the Planning and Zoning CiOmmis- sion. (Ord. No. 74 -2718, § 11(N), 4- 30 -74; Ord. No. 74 -2730, § II(C), 8 -6 -74) 5. Temporary buildings for construction purposes are permitted in any zones as accessory buildings during the course of construction. 6. Accessory buildings may not be used for dwelling pur- poses. 7. In the ORP Zone, there may be printing, publishing, design, development, fabrication, assemblage, storage and warehousing, -and employee service facilities. (Ord. No. 74 -2720, § II (U), 5 -7 -74) B. Accessory buildings shall be located in accordance with the following rules: 1. Accessory buildings may be located in a rear yard but may not occupy more than 30 percent of a rear yard. 2. An accessory building more than 10 feet from a main building may be erected within two feet of a side or rear lot line but must be located at least 60 feet from the front street line. 3. Where a garage is entered from an alley it must be kept 10 feet from the alley line. 4.: On corner lots the minimum buildable width of 28 feet for main buildings is reduced to 22 feet for accessory buildings. 8.10.27 Fence requirements. Purpose. The purpose of the Ordinance is to promote the general health, safety and welfare of the residents of the City of Iowa City by regulating the height and setback dis- tance of fences at street intersections so that there exists an unobstructed view of the intersection. 2540 AITP;NnIX A— ZONING § 8.10.28 A. To maintain vision clearance at street intersections, no fence more than twenty (20) percent solid and no fence or planting more than two (2) feet above curb level or the pave- ment edge where no curb exists in a cross section to the right - of-way shall be located within a triangle formed by a diagonal line connecting two (2) points measured along the street right -of -way lines equidistant from the point of street right -of -way intersection for a distance'of thirty (30) feet or a distance equivalent to twice the required setback, whichever is lesser. (Ord. No. 75- 2753, § II, 1- 28 -75) B. Except as provided in Section A above, fences less than four feet high may be located on any part of a lot. C. Except as provided in Section A above, fences less than six feet high may be erected on any part of a lot that is as near back or further back from a .street than the front of the main building. D. Except as provided in Section A above, fences as re- quired in Section 810.18.A, Screening, may be erected on any part of the lot. E. See also Sections 7.14.16 and 7.14.17. 8.10.28 Board of adjustment. A. A Board of Adjustment is hereby established, consist- ing of five (5); members, all of whom shall be residents of the City of Iowa City, appointed by the Mayor with the consent of the City Council. The five members of the first Board appointed shall serve terms of one (1), two (2), three (3), four (4) and five (5) years respectively. Thereafter, members shall be appointed for a term of five (5) years. Vacancies shall be filled by appointment for the unexpired term only. The Council shall have power to remove any member of the Board for cause upon written charges and after public hear- ing. Members of the Board shall serve without compensation. B. The members of the Board of Adjustment shall meet at least once each month at such time and place as they may fix by prior resolution. They shall select one of their members 2541 § 8.10.28 IOWA CITY CODE its Chairman and one as Vice- Chairman, who shall serve one year and until their successors have been selected. Special meetings may be called ttt any time by the Chairman or, in his absence, by the Vice - Chairman. A majority of the Board shall constitute it quorum for the transaction of business. The Chairman, or in his absence, the Vice - Chairman, may admin- ister oaths and compel the attendance of witnesses. All Meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent, or failing to vote, indicating such fact, and shall keep records of examinations and other official actions. Every rule, regulation, amendment or appeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the Office of the Board and shall be a public record. The Board shall adopt its own rules of procedure not in con- flict with this Chapter or with the Iowa Statutes. C. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, Board, or bureau of the City of Iowa City, affected by a decision of the Building Inspector. Such appeal shall be taken within a reason- able time, as shall be prescribed as provided by the rules of the Board, -a notice specifying the grounds therefore [there- for]. The Building Inspector shall forthwith transmit to the Board, all the papers constituting the record upon which the action appealed from is taken. D. An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector certi- fies to the Board after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate of [a] stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other- wise than by a restraining order which may be granted by the Board, or by a court of record on application and notice to the Building Inspector on due good cause shown. E. The Board shall fix a reasonable time for the hearing of the appeal, give not less than fifteen (15) days public notice thereof by the posting of not less than one sign of at 2542 APPENDIX A- ZONING § 8.10.28 least six square feet in area with a white background and black letters at least three inches high containing notice of the hearing in a conspicuous place on or near the property upon which application for appeal is made and by one publication of a notice in a newspaper of general circulation in Iowa City, as well as due notice to the parties in interest, and decide the same within 30 days. Any party may appear and testify at the hearing, in person, or by agent or attorney. F. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, deci- sion, or determination of the Building Inspector, or to decide in favor of the applicant upon any matter upon which it is required to pass, or to effect any variation in this Chapter. G. The following fees shall be paid at the time the notice of appeal is filed: (1) Variations in Regulations ------- ____ ----- — _- ------ _ ------ $50 (2) Exceptions to Zoning Regulations ------- _____— ----- ______$50 (3) Other actions filed with the Board of Adjustment ___$50 (Ord. No. 74- 2714, § II (C), 4- 16 -74) H. The powers of the Board are: 1. To interpret this Chapter, being: a. To hear and decide appeals where it is alleged there is an error in any order, requirement, deci- sion, or determination made by the Building In- spector in the enforcement of this Chapter. b. To permit the extension of a Zone where the bound- ary line of a Zone divides a lot held in a single ownership on August 7, 1962. c. To interpret the provisions of this Chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several Zones accompanying and made a part of this Chap- ter where the street layout on the ground: varies from the street layout as shown on; the_ map afore- said. 2543 § 8.10.28 IOWA CITY CODE d. To interpret the provisions of this Chapter in such a way as will not be contrary to public interest where owing to special conditions a literal enforce- ment of the provisions of this Chapter will result in unnecessary hardship, and in such a way that the spirit of this Chapter shall be observed and substantial justice done. 2. To permit the following two exceptions: a. Use of premises for public utility and railroad purposes. b. Reconstruction of a non - conforming building that would otherwise be prohibited by Section 8.10.22.D. 3. To permit the following two variations: a. Vary the yard, height or lot area per family regu- lations where there is an exceptional or unusual physical condition of a lot, which condition is not generally prevalent in the neighborhood and which condition when related to the yard regulations of of this Chapter would prevent a reasonable or sensible arrangement of buildings on the lot. b. Vary the parking regulations where an applicant demonstrates conclusively that the specific use of a building would make unnecessary the park- ing spaces required by this Chapter but providing that such a reduction not be more than 50 per- cent of the usual requirement. e. The waiver of the requirements of Section 8.10. - 18.A as to screening of commercial uses adjacent to residential districts and the requirements of dis- tance separation of Section 8.10.18.H, if the com- mercial use is wholly confined within buildings or the Board finds that said use does not present any obnoxious or offensive appearance to the adjoin- ing R district. d. Vary the requirements for the spacing, location and required number of trees; or an administra- 2544 APPENDIX A- ZONING § 8.10.29 tive decision in the enforcement of the tree regu- lations of this Chapter; provided that a condition exists which would preclude compliance to the tree regulations and that the variance does not counter the intent of the tree regulations. (Ord. No. 76 -2815, § II, 10- 26 -76)- I. The Board shall make no decision on a specific case, in- volving the issuance or denial of a permit until a public hear- ing has been conducted by the Board. A notice of time And place of such public hearing shall be published in a paper of general circulation in the City of Iowa City at least once, not more than thirty or less than fifteen days previous to the hearing. Such notice shall contain the particular street address or location of the property for which the variation or other ruling by the Board is sought as well as a brief description of the nature of the appeal, and of what the proposed exception or variance consists. No order of the Board permitting the erection or altera- tion of a building shall be valid for a period longer than six months, unless a building permit for such erection or- altera- tion is obtained within such period and such erection or altera- tion is started and proceeds to completion in accordance with the terms of such ,permit. No order of the Board permitting a use of a building or premises shall be valid for a period longer than six (6) months, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall con- tinue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accord- ance with the terms of such permit. 8.10.29 Enforcement. A. It shall be the duty of the Building Inspector to enforce this Chapter. It shall also be the duty of all officers and em- ployees of the City and especially of all members of the Police Department to assist the Building Inspector by reporting to 2545 § 8.10.29 IOWA crPY CODE him / [her] upon new con4truction, reconstruction, or land uses or upon seeming violations. B. Appeals from the decision of the Building Inspector may be made to the Board of Adjustment as provided in Section 8.10.28. 8.10.30 Occupancy certificates. No building other than single family dwellings may be under- taken in the city without an application having been made for an occupancy permit. After August 7, 1962, no change in the use or occupancy of land, nor any change of use or occupancy in an existing building other than for single- family dwelling purposes, shall be made, nor shall any new building be occupied until a certifi- cate of occupancy has been issued by the Building Inspector. Every certificate of occupancy shall state that the new occu- pancy complies with all provisions of this Chapter. No permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made for a certificate of occupancy and compliance, and no building ' or premises shall be occupied until such certificate and permit is issued. A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector, and copies shall be furnished on request to any person having a proprie- tary or tenancy interest in land or a building affected by such certificate of occupancy. 8.10.31 Boundaries of zones. A. Where uncertainty exists with respect to the boundaries of various zones as shown on the zoning map accompanying and made a part of this Chapter, the following rules apply: 1. The boundaries of the zones are either streets or al- leys unless otherwise shown, and where the zones desig- nated on the map accompanying and made a part of this Chapter are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the zone. 2546 APPENDIX A— %ONING § 8.10.42 2. Where the boundaries of the zone are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the boundaries of the zone shall be construed to be the lot lines and where the Zones designated on the zoning map accom- panying and made a part of this Chapter are bounded approximately by lot lines, the lot lines shall be con- strued to be the boundary of the zones unless the boundaries are otherwise indicated on the map. 3. In separate tracts not subdivided and in unsubdivided property, the zoning boundary lines on the map ac- companying and made a part of this Chapter shall be determined by use of the scale appearing on the map. B. In interpreting and applying the provisions of this Chap- ter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, com- fort, morals, prosperity and general welfare. It is not in- tended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between par- ties, except that if this Chapter imposes a greater restriction this Chapter shall control. 8.10.32 Amendment of ordinance. A. Council may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of zones; or regulations, or restric- tions herein established. Any proposed amendment, supple- ment, change, modification or repeal shall first be submitted to the Commission for its recommendations and report. If the Commission makes no report within 45 days, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change. After the recommendations and report of the Commission have been filed, the Council shall before enacting any proposed amend- ment, supplement, change, modification or repeal, hold a public hearing in relation thereto, giving at least 15 days notice of the time and place of such hearing, which notice shall first be published in a newspaper having a general circulation in the City of Iowa City. 2547 § 8.10.32 IOWA CITY CODE B. If the Commission recommends against, or if a protest against such proposal, amendment, supplement, change, modi- fication or repeal shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of 20 percent or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending the depth of one lot or not to exceed 200 feet therefrom, or of those directly opposite thereto, extending the depth of one lot or not to exceed 200 feet from the street frontage of such opposite lots, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of three - fourths of the members of the Council. C. Before any action shall be taken as provided in this Section, the party or parties proposing or recommending a change in the district or zone regulation or district or zone boundaries shall deposit with the City Clerk, the following fees: (1) Area one (1) acre or less (2) Area more than one (1) acre ---------- _____.$200 (3) Requests approved by the Planning and Zoning Commission refund (4) Requests denied by the Planning and Zoning Commission but brought before the City Council at the applicant's • re- quest __ __ --------- _____— ____.No refund (5) Requests denied by Planning and Zoning Commission and withdrawn ___ _30% refund (6) Each change of zone district requested after each submission _,______25% surcharge (Ord. No. 74 -2714, § II(D), 4- 16 -74) D. No building permit for the erection of any building or structure or license or permit for the conduct of any use shall be issued for a period of sixty (60) days after the City Council of Iowa City has set a public hearing on the question of amend- ing the Zoning Ordinance and map so as to rezone an area 2548 r APPENDIX A— ZONING § 8.10.32 which rezoning would prohibit the building or use contem- plated by the requested permit in the area concerned. Pro- vided, that if final action by the City Council is not taken on the question within sixty (60) days of the time the matter is set for public hearing, the permit or license shall issue. If within the sixty (60) day period the City Council shall en- act an ordinance amending the Zoning Ordinance the provi- sions of said zone shall thereafter be in effect. If within the sixty (60) day period the Council shall vote on said ordinance and it shall not receive a sufficient number of votes for pas- sage, the suspension period shall be terminated and permits shall be issued upon current zoning regulations. E. If a permit for a building or structure has been issued for a particular area but no substantial part of the construc- tion has been commenced at the time, the City Council shall set a public hearing on the question of amending the Zoning Ordinance and map so as to rezone the area of the permit which rezoning would prohibit the building or use contemplated by the permit, the permit shall stand suspended and all construc- tion and other action shall be suspended for a period of sixty (60) days after the setting of the public hearing. Provided, however, that if final action by the City Council is not taken on the question within sixty (60) days, construction may be commenced. If within the sixty (60) day period the City Council shall enact an ordinance amending the Zoning Ordi- nance, the provisions of that zone shall be in effect and if said provisions prohibit the building, structure or use contemplated by the suspended permit, said permit shall stand automatically revoked and terminated. If the Council shall vote on said ordinance and it shall not receive a sufficient number of votes for passage, the suspension period shall be terminated and construction may be commenced under the permit. The sus- pension of work under the provisions of this Ordinance may not be invoked and are not applicable if previously said permit has been suspended under the provisions of this Ordinance. F. No property or area within the City shall be subject to the suspension of this Ordinance unless twelve (12) months shall have expired after a previous suspension period, said 2549 § 8.10.82 IOWA CITY CODE twelve (12) month period to commence with the final day of the sixty (60) day suspension period provided for in this Ordinance. G. The Planning and Zoning Commission may recommend to the City Council amendments, supplements, changes, or modifications to Chapter 8.10 of the Municipal Code of Iowa City, Iowa or the boundaries of zones or the rezoning of par- ticular tracts. If the Commission makes a recommendation to the Council, said recommendation need not be submitted to the Commission for its report but may be set for public hear- ing forthwith. 8.10.33 Violations. A. The owner or agent of a building or premises in or upon which a violation of any provision of this Chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or - the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, or who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Chapter, shall be subject upon conviction, to imprison- ment not to exceed thirty days, or a fine not exceeding one hundred dollars ($100.00); Each day that a violation is per- mitted to exist after proper notice shall constitute a separate offense. B. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Chapter, the appropriate authorities of the City of Iowa City, in addition to othex remedies, may institute injunction, man- damus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, altera- tion, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of said building, structure or land. 2,550 APPPNDIX A— ZONING § 8.10.84 8.10.39 Annexation. A. Voluntary annexation: All applications for voluntary an- nexation of land to the City of Iowa City shall, in addition to the necessary requirements for annexation, designate the zoning classification which the applicant wishes for his prop- erty. Upon receipt thereof, the application shall be referred to the Planning and Zoning Commission for recommendation on both the annexation and the requested zoning. Planning and Zoning shall have the same time periods for its considera- tion as in any rezoning matter. Planning and Zoning may rec- ommend approval of the requested zoning or the denial thereof. In the event Planning and Zoning recommends denial, they shall make an additional recommendation as to what zoning classification said Commission would recommend. A copy of this report shall be forwarded to the applicant and shall be on the agenda for the next meeting of the City Council. The Council shall set the zoning matter for Public Hearing, pre- scribing the same notice requirements as for a rezoning appli- cation and shall specify the proposed zoning for consideration. If the Council approves the zone, it shall be set by ordinance. No zoning classification not recommended by Planning and Zoning shall become effective except by the favorable vote of three- fourths of the members of the Council and no volun- tary annexation not recommended by Planning and Zoning shall be approved by the Council except by a favorable vote of three - fourths of the members of the Council. The resolution providing for annexation shall be acted upon by the City Council at the time of the Public Hearing on the zoning classi- fication. In the event the applicant fails to designate a zoning clas- sification in his application, no Public Hearing shall be held and sthe property may be annexed and shall be classified in the R1A Zone and shall be subject to all provisions of the Zoning Ordinance. B. Involuntary annexation: Whenever, after Public Hear- ing thereon, the City Council shall determine that involuntary annexation proceedings should be undertaken against lands to be annexed, the matter shall be referred to the Planning 2551 § 8.10.34 IOWA CrJ.'Y CODE and Zoning Commission for its recommendation as to the zoning of said lands. Upon receipt of said recommendation, the City Council shall hold a Public IIearing thereon, pre- scribing the regular notice for rezoning set forth in this Ordi- nance. If the Council approves said zoning, it shall adopt an ordinance setting forth the various zoning classifications for said lands. The Council may approve a higher classification or more restrictive classification than recommended by Planning and Zoning after the hearing but prior to 'approval of any lower classification or less restrictive classification, the Council must send the matter back to PIanning and Zoning for action on the lower classification. This may be done prior to the Public Hearing. In the event it is returned subsequent to the Public Hearing, a new Public Hearing shall be held thereon. If Planning and Zoning recommends against the lower classi- fication, it shall not become effective except by a favorable vote of three- fourths of the members of the Council. 8.10.35.1 Definitions. The following definitions shall be applicable to the provi- sions of this Ordinance [sections 8.10.35.1-8.10.35.241: A. Advertising sign. A sign that is not an identification or directional sign. B. Animated sign. Any sign or part of a sign that moves or appears to move is defined as an animated sign. C. Billboard sign. A billboard sign is defined as any adver- tising sign directed to the traveling public which has paper posters applied to it. D. Building or wall sign. A sign other than a roof sign, which is supported by a building or wall. E. Changeable copy sign. A sign characterized by change- able or moveable copy. F. Changing sign. A sign in which the sign face or any part thereon changes or appears to changes with definite action or motion, flashing and /or changes. The herein de- fined shall not include wind actuated elements. 2552 l C-" 1 PROTEST OF REZONING W y OF 10IVA CITY ,7 Y TO: HONORABLE MAYOR AND CITY COUNCIL : CA IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed - ,&ling= change, or the owners of property which is located within two hundred feet cif the a ftrior boundaries of the property for which the zoning change is proposed, do hereby profat the rezoning of the following property: t!G F q06 /Uot7ft D60b r '�Trzr- VI— z1own Cs�:Zj Zh 'j Lz � SEE ATTACHED MAP AND COURT ORDER L.oT LM 5 u 6'n V V j s.&S®r) C& i Iq .SEe r F4 rt 3 :ra .we, eT:;l This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three - fourths .of all the members of the council, all in accordance with 414.5 of the Code of Iowa. TIy: 7.s A*Wt'6s f6V F496 /V,dlap6131- t' !47 7Y -0d0-X 7ef Of Property Addrpss Jet a-xf Z4 SZ,%r Owners) STATE OF IOWA j ) ss: JOHNSON COUNTY) "e- On this -#" - day of 20k-?K, before me, the undersigned, a Notary Public in and for said County and State, personally appeared O!J and to me kii n to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. o TINA M. ERANTZ Commission Number 188872 ow My ebrua Commission Expire Notary Public in anWrStatecflowa Orig: Subd Folder Cc: CA PCD Council 0 0 0 1 N N O w A, N �y C 1S �3M�Q 1S 213A00 IH 31d1S T a-.�.\ cn cc cn ti N w �• p " 44 City of Iowa City MEMORANDUM OATBs 25 August 1987 TOt Douglas Boothroy, Director of H.I.S. and Donald Schmeiser, Director of P.P.D. fROM, Richard J. Boyle, first Assistant City Attorney gFe 4E1 Kempf at al V. City Attached for your records is a copy of the final Court Order in the Governor - Dodge property litigation. The order implements the decisions invalidating the rezonings of the still undeveloped portions of the lend by - 1. Providing that residential development may take place at 438 density (750 square feet per dwelling unit) and otherwide as would have been allowed undor the zoning ordinances in effect on May 30, 1978. it probably would be a good idea to put a copy of the 1978 ordinances in the property file for reference when development plans are submitted. I have copies of the Zoning Code as amended through 1983 and will furnish them if you need them. 2. The City cannot require compliance with the large scale development regulations. 3. The Order does not apply to the Yoder apartment building or the Human Services Department building or Lots 8 and 9 of Bacon's Subdivision. It does apply to Lot 10 of Bacon's Subdivision. If you have questions let me know. s e t vp IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY WAYNE KEMPF, KENNETH L. ALBRECHT, ig GOVERNOR -DODGE STREET RENTALS, ) and EARL YODER CONSTRUCTION CO., ) Plaintiffs, VS. CITY OF IOWA CITY, IOWA, Defendant. NO. 43611 SUPPLEMENTARY ORDERS ON REMAND The Court entered its original Findings of Fact, Conclusions of Law, and Decision in this case on November 13, 1985, the same having been filed on November 20, 1985. Thereafter, the Defendant, City of Iowa City, Iowa, appealed to the Iowa Supreme Court, and in its Opinion filed March 18, 1987, the Supreme Court affirmed in part, reversed in part, and remanded this case to the District Court for disposition in conformance with the Supreme Court Opinion. In accordance with the aforesaid Opinion of the Supreme Court, the following portion of the Decision of the Court, as set out in the Findings of Fact, Conclusions of Law and Decision, page 28, is de- leted and is of no further force and effect: "IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that Defendant's Ordinance No. 78 -2900 (rezoning Plain- tiffs' premises which are the subject of this action) should be, and hereby is declared to be illegal, null, and void as to such premises, and said Ordinance is set aside and held for naught as to those premises. IT IS FURTHER ORDERED that these premises be returned to the R3B zoning in effect at the time of enactment of said amended zoning ordinance." In conformance with the Supreme Court Opinion herein, the Court enters the following Orders which shall be construed to be 'a part of this Court's Findings of Fact, Conclusions of Law, and Decision herein. The 1978 rezoning of the following undeveloped properties in Iowa City, Johnson County, Iowa, was unreasonable, arbitrary and capricious: Lot 10, Bacon's Subdivision in the south part of Block 1, D.A. Dewey's Addition to Iowa City, Iowa, according to the recorded Plat thereof, recorded in Plat Book 1, Page 5, Plat Records of Johnson County, Iowa. CD ., • k. 1 f1<1 Ea C-12 i� c�7 M 50A All of Lot 51, and all of Lot 50 except the South 186 feet thereof, in the Subdivision of the SE 1/4 of Section 3, Township 79 North, Range 6 West of the 5th P.M., according to the recorded plat thereof recorded in Plat Book 1, Page 1, Plat Records of Johnson County, Iowa. Also, commencing at an iron stake in the Southeast corner of Lot 49 in the Subdivision of the SE 1/4 of Section 3, Township 79 North, Range 6 West of the 5th P.M., as per the recorded plat thereof; thence North 84.5 feet; thence West 210.0 feet on a line parallel with the South line of Lot 49; thence South 84.5 feet on a line parallel with the East line of said Lot 49; thence East on the South line of said Lot 49, 210.0 feet to the place of beginning. Also, commencing at the Southwest corner of Lot 49 in the Subdivision of the SE 1/4 of Section 3, Township 79 North, Range 6 West of the 5th P.M., as per the recorded plat thereof; thence Northerly along the Westerly line of said Lot 49, 16.0 feet; thence East on a line parallel with the South line of said Lot 49 to the west line of the parcel of real estate hereinabove described; thence South 16.0 feet on the West line of the parcel of real estate hereinabove described to the South line of said Lot 49; thence West on the south line of said Lot 49 to the place of beginning. The owner or owners of said properties, and their successors and assigns, shall be permitted to develop those properties with multiple' dwellings (apartments) in accordance with the provisions applicabl to the R3B zone in effect on May 30, 1978, prior to thi?ng.•o said real estate which was finalized on June 28, 1978. =r is further ORDERED that the City's Large Scale Relntiak,, ZQ Development Ordinance shall not apply to development of thosoper�' ..., .. W ties. The City is and shall be enjoined from interfering with devel opment of those properties as herein provided. once a use has been developed or established on any of the above- described properties, further development or redevelopment of that property shall be subject to the zoning ordinances in effect at the time such further development or redevelopment is undertaken. Dated this day of August, 1987. Cl"- "- s )ffice pefsunnel �e rc; P';:ling LUCum: -:r,. HaroXA.Owailes, Juage SidY Judicial District of Iowa r � p �i �•� art l -3- Approved: Richard oy e First Assistant City Attorney City of Iowa City, Iowa ATTORNEY FOR DEFENDANT Rona?d W. Wefnawn& ATTORNEY FOR PLAINTIFFS cc: Ronald W. Wendt 200 First Street S.W. Cedar Rapids, Iowa 52404 Richard 0. Boyle First Assistant City Attorney 410 E. Washington Street Iowa City, Iowa 52240 Qer. _ ` -- for ~ "" t� Respons�b�e Man'ng Document 4 _ 1 _ sk il;ta � _ 1 0.i 13 F I . 14 ar. j 1.i CITY OF IOWA CITY PRO TEST 09"4"r 9 r 4 F TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property (I l�awtH C f 1 -roc -t �t Fr-�- SEE ATTACHED MAP AND COURT ORDER This petition is signed and acknowledged by each of us vvith the intention that such rezoning shall not become effective except by the favorable vote of at least three - fourths .of all the members of the council, all in accordance with 414.5 of the Code of Iowa. 1-2 Owner(s) STATE OF IOWA ) it ov- &'wyl©r �1- Of Property Address ss: JOHNSON CQIJNT1') ``^^ �,. On this � day ofQIJ , 20 ✓, before me, the undersigned, a �otary Public "n and or said County and State, personally appeared. _ and _ to me Jul wn to be the identical persons named in and who executed tine within and foregoing instrument and acknowledged that they executed the same as their volunttarryy e- act and deed. , _ "40-, 1 . NStvrry Public in and for the State of Iowa Orig: Subd Folder PAL AMANDA SCOTT Cc: CA Commission No. 764743 PCD My Com lesion Eygires Council 4+ City of Iowa City MEMORANDUM DATit 25 August 1987 lot Douglas 800throy, Director of H.I.S. and Donald Schaaiser. Director of P.P.D. (Z m%- FROM: Richard J. Boyle. First Assistant City Attorney '+ 116' Kempf at al V. City U Attached for your records is a copy of the final Court Order in the Odvernor - Dodge property litigation. The order implements the decisions invalidating the rezonings of the still undeveloped portions of the land by - 1. Providing that residential development may take place at R38 density (750 square feet per dwelling Unit) and otherwide as would have been allowed under the toning ordinances in effect on May 30. 1978. It probably would be a good idea to put a copy of the 1978 ordinances in the property file for reference when development plans are submitted. I have Copies of the Zoning Code as amended through 1983 and will furnish them if you need them. 2. The City cannot reouire compliance with the large scale development regulations. 3. The Order does not apply to the Yoder apartment building or the Human Services Department building or Lots 8 and 9 of Bacon's Subdivision. It does apply to Lot 10 of Bacon's Subdivision. If you have questions let me know. r �< f IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY e IN WAYNE KEMPF, KENNETH L. ALBRECHT, } GOVERNOR -DODGE STREET RENTALS, ) and EARL YODER CONSTRUCTION CO., ) Plaintiffs, ) NO. 43611 VS. CITY OF IOWA CITY, IOWA, ) ) Defendant. ) SUPPLEMENTARY ORDERS ON REMAND The Court entered its original Findings of Fact, Conclusions of Law, and Decision in this case on November 13, 1985, the same having been filed on November 20, 1985. Thereafter, the Defendant, City of Iowa City, Iowa, appealed to the Iowa Supreme Court, and in its Opinion filed March 18, 1987, the Supreme Court affirmed in part, reversed in part, and remanded this case to the District Court for disposition in conformance with the Supreme Court Opinion. In accordance with the aforesaid Opinion of the Supreme Court, the following portion of the Decision of the Court, as set out in the Findings of Fact, Conclusions of Law and Decision, page 28, is de- leted and is of no further force and effect: "IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that Defendant's Ordinance No. 78 -2900 (rezoning Plain- tiffs' premises which are the subject of this action) should be, and hereby is declared to be illegal, null, and void as to such premises, and said Ordinance is set aside --- ZL and held for naught as to those premises. IT IS FURTHER °}r _n ' I ORDERED that these premises be returned to the R3B zoning in effect at the time of enactment of said amended zoning ordinance." In conformance with the Supreme Court Opinion herein, the Court enters the following Orders which shall be construed to be 'a part of this Court's Findings of Fact, Conclusions of Law, and Decision PI) herein. The 1978 rezoning of the following undeveloped properties in Iowa City, Johnson County, Iowa, was unreasonable, arbitrary and capricious: Lot 10, Bacon's Subdivision in the south part of Block 1, D.A. Dewey's Addition to Iowa City, Iowa, according to the recorded Plat thereof, recorded in Plat Book 1, Page 5, Plat Records of Johnson County, Iowa. -2- All of Lot 51, and all of Lot 50 except the South 186 feet thereof, in the Subdivision of the SE 1/4 of Section 3, Township 79 North, Range 6 West of the 5th P.M., according to the recorded plat thereof recorded in Plat Book 1, Page 1, Plat Records of Johnson County, Iowa. Also, commencing at an iron stake in the Southeast corner of Lot 49 in the Subdivision of the SE 1/4 of Section 3, Township 79 North, Range 6 West of the 5th P.M., as per the recorded plat thereof; thence North 84.5 feet; thence West 210.0 feet on a line parallel with the South line of Lot 49; thence South 84.5 feet on a line parallel with the East line of said Lot 49; thence East on the South line of said Lot 49, 210.0 feet to the place of beginning. Also, commencing at the Southwest corner of Lot 49 in the Subdivision of the SE 1/4 of Section 3, Township 79 North, Range 6 West of the 5th P.M., as per the recorded plat thereof; thence Northerly along the Westerly line of said Lot 49, 16.0 feet; thence East on a line parallel with the South line of said Lot 49 to the west line of the parcel of real estate hereinabove described; thence South 16.0 feet on the West line of the parcel of real estate hereinabove described to the South line of said Lot 49; thence West on the south line of said Lot 49 to the place of beginning. The owner or owners of said properties, and their successors and assigns, shall be permitted to develop those properties with multiple dwellings (apartments) in accordance with the provisions applicabl,g. to the R3B zone in effect on May 30, 1978, prior to thbee_ing off. said real estate which was finalized on June 28, 1978. cI It is further ORDERED that the City's Large Scale Rentia Development Ordinance shall not apply to development of thos oper -0' e, w ties, The City is and shall be enjoined from interfering with devei="> opment of those properties as herein provided. Once a use has been developed or established on any of the above- described properties, further development or redevelopment of that property shall be subject to the zoning ordinances in effect at the time such further development or redevelopment is undertaken. Dated this ,;el _* day of August, 1987. G,-• : S Attire f ersorme! :... ` Ie Haro .(A' Ai ies, uuoge Si Judicial District of Iowa ry C.; ry .3- Approved: Richard BoyAe First Assistant City Attorney City of 1011a City, Iowa ATTORNEY FOR DEFENDANT -R-oZn—ai W. Wen ATTORNEY FOR PLAINTIFFS cc: Ronald W. Wendt 200 First Street S.W. Cedar Rapids, Iowa 52404 Richard J. Boyle First Assistant City Attorney 410 E. Washington Street Iowa City, Iowa 52240 . . . . ........ to Responsible 'a,jing Document o. TO �-- g cl cp w r--a (Z) C-2 Rs ry NOTICE OF PUBLIC HEARING ON INTENT TO PROCEED WITH A PUBLIC IMPROVEMENT PROJECT, AND TO ACQUIRE PROPERTY RIGHTS FOR THE MOSS RIDGE ROAD PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS IN THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on its intent to proceed with a public improvement project and to acquire property rights for the Moss Ridge Road Project in said City at 7:00 p.m. on the ! t day of February, 2013, said meeting to be held in the Emma J. Harvat Hall in City Hall in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Documentation of the proposed location of said improvements is now on file in the office of the City Clerk in City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said intent to proceed with and to acquire property rights for said improvement project. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK R -1 7 NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE MOSS RIDGE ROAD PROJECT TO: NCS Pearson Inc., 5601 Green Valley Drive, Bloomington, MN 55437; Leo H Fuhrmeister, 3292 Highway 1 NE, Iowa City, IA 52240; Stephen A. Moss, David G. Moss, 3354 Kenruth Circle NE, Iowa City, IA 52240; Neal Llewellyn (1/2 Int.), Hills Bank & Trust Co. Service, Trustee, Otologic Medial Medical Sery PC, 401K Profit Sharing Plan (1/2 Int.), 590 W Forevergreen Road, North Liberty, IA 52317 Chapter 613 of the Iowa Code requires a governmental body which proposes to acquire property rights under power of eminent domain for a public improvement project to give notice of the project to all agricultural property owners whose properties may be affected and to hold a public hearing. 1. DESCRIPTION OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above - identified agricultural property owners that the City Council of the City of Iowa City will consider funding of the site - specific design for the Moss Ridge Road Project, making the final selection of the route or site location, or acquiring or condemning property rights, if necessary, required for the project. Said project involves construction of Moss Ridge Road from N. Dodge Street/ Highway 1 to the proposed Moss Ridge Campus @ Rapid Creek Preserve and associated infrastructure. 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If the above - described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a temporary construction easement, a permanent easement, and /or a fee simple parcel (complete ownership). Upon review of the records of the Johnson County Auditor, it appears that properties or portions of properties owned by the above - identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above - described public improvement is shown on documentation which is now on file in the office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND PROJECT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property rights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. In making the decision to fund the site - specific design for the public improvement, to make the final selection of the route or site location, or to acquire or condemn property rights, if necessary, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the decision to fund the site - specific designs for the project, make the final selection of the route or site location, or to acquire or condemn, if necessary, property or an interest in property for the project. The public hearing will be held on the 5t" day of February, 2013 in the Emma J. Harvat Hall, City Hall, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to fund the site - specific design for the public improvement, to make the final selection of the route or site location, or to commence the acquisition or condemnation of property rights, if necessary, for the above - described project, City Council will be required to approve the project and authorize acquisition of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution 2 authorizing acquisition of property rights for the above - described project following the public hearing. When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and/or property acquired in fee simple. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. CONTACT PERSON. If you have any questions concerning the Moss Ridge Road Project please contact the following person: Denny Gannon, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240,(319)356-5142 5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, Iowa has not yet determined to undertake the above - described project or to acquire property rights for the project. This Notice does not constitute an offer to purchase property rights. Marian K. Karr City Clerk