HomeMy WebLinkAbout2013-02-05 Ordinance6a
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ12- 00016,18, & 19)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 0.47 ACRES OF LAND LOCATED AT
906 N. DODGE STREET FROM MULTI- FAMILY (R3B) 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
(R31B) ZONE TO MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL (RM -20) ZONE. (REZ12-
000016,18 & 19)
WHEREAS, the City of Iowa City has initiated a rezoning of property located of 906 North Dodge Street
from Multi- family (R3B) to High - Density Single - Family Residential (RS -12); property located at 911 North
Governor Street from Commercial Office (CO -1) to High- Density Single - Family Residential (RS -12); property
located at 902 and 906 North Dodge Street from Multi- family (R3B) to Medium - Density Multi - Family
Residential (RM -20) in order to bring the properties into compliance with the City's Comprehensive Plan; and
WHEREAS, City plans and policies, including the Comprehensive and Strategic Plan, have changed
considerably in the last 40 years, with the current Comprehensive Plan and Historic Preservation Plan
containing policies to encourage preservation of the single family character of the City's older single family
neighborhoods and policies that serve to stabilize these neighborhoods by encouraging a healthier balance of
rental and owner - occupied housing rather than redevelopment for housing that serves primarily short-term
residents; and
WHEREAS, the Central District Plan indicates that R313 zoning is obsolete and the properties with this
designation should be rezoned to a valid zoning designation;
WHEREAS, the Central District Plan, an element of the Iowa City Comprehensive Plan, indicates that the
vacant property located immediately north of 906 North Dodge Street and the property at 911 North Governor
Street are appropriate for single - family and duplex residential development (2 -13 dwelling units per acre); and
WHEREAS, the current office development and Commercial Office zoning at 911 North Governor Street
is inconsistent with the Comprehensive Plan and is not well- suited for modern office uses due to its location
on a sloping, one -way street with poor visibility and access; and
WHEREAS, the Central District Plan indicates that the properties at 902 and 906 North Dodge Street are
appropriate for low- to medium - density multi - family development; this designation is intended to acknowledge
the density of the existing multi - family buildings, but not allow further redevelopment or densification; and
WHEREAS, the multi - family buildings at 902 and 906 North Dodge Street were originally developed
under R36 zoning, a high- density multi - family zoning designation that is obsolete; and
WHEREAS, R36 zoning allowed development up to a density of approximately 58 dwelling units per acre
and under this zoning designation the properties at 902 and 606 North Dodge Street were developed at a unit
density of approximately 20 units per acre; and
WHEREAS, the Comprehensive Plan policies in place during the 1960s that led to the R36 zoning on
Dodge Street encouraged demolition and redevelopment of older neighborhoods at higher densities; and
WHEREAS, the City's Zoning Code no longer includes the R3B zoning designation due to its
inconsistency with the City's current comprehensive planning goals and policies; and
WHEREAS, rezoning the subject properties to appropriate and valid zoning designations will
acknowledge the existing multi - family uses located on the properties at 902 and 906 North Dodge Street,
while ensuring that any future development of the vacant parcel located north of 906 North Dodge Street or
any future redevelopment of 911 North Governor Street provides a transition to a density that is more
compatible with the residential character and lower density of the surrounding neighborhood and is consistent
with the goals of the Comprehensive Plan, Central District Plan, and Historic Preservation Plan; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed rezoning and recommend
approval; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designations as indicated below:
Ordinance No.
Page 2
LEGAL DESCRIPTION
The property located north of 906 North Dodge Street, as described below, is hereby reclassified
from R3B to High Density Single Family Residential (RS -12):
Commencing at the iron stake in the Southeast corner of Lot 49 in the Subdivision of the SE % 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.
Properties at 902 and 906 North Dodge Street, described below, are hereby reclassified from R3B
to Medium Density Multi - Family Residential (RM -20):
All of lot 50 except the South 186 feet thereof, in the Subdivision of the SE % 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.
The property located 911 North Governor Street, described below, is hereby reclassified from
Commercial Office (CO -1) to High Density Single Family Residential (RS -12):
Lots 8, 9 and 10, Bacon's Subdivision in the south part of Block 1, D.A. Dewey Addition to Iowa City, Iowa,
according to the recorded Plat thereof, recorded in Plat Book 1, Page 5, Plat Records of Johnson County,
Iowa.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of 20
MAYOR
ATTEST:
CITY CLERK
Approved by
214 tGt_ P(ae�
City Attorney's Office 13 J i3
Ordinance No.
Page
It was moved by and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration
Vote for passage:
Payne.
Second Consideration _
Vote for passage:
Date published
2/5/2013
that the
AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims,
NAYS: None. ABSENT: None.
UZ_U0_1 3
6b
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ12- 00025)
ORDINANCE NO. 13 -4516
AN ORDINANCE REPEALING ORDINANCE NO. 12 -4507 AND CONDITIONALLY REZONING
APPROXIMATELY 1.02 ACRES OF LAND LOCATED ON 1ST AVENUE NORTH OF ROCHESTER
AVENUE FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL(RS -5) TO LOW- DENSITY MULTI-
FAMILY RESIDENTIAL (RM -12). (REZ12- 00025)
WHEREAS, the applicant, Jeff Miller, Inc., has requested a rezoning of approximately 1.02 acres of
property located on 1St Avenue north of Rochester Avenue from Low Density Single Family Residential (RS-
5) to Low Density Multi - Family (RM -12); and
WHEREAS, the applicant intends to develop this site with a multi - family building that is compatible and
consistent with the surrounding multi - family and duplex development; and
WHEREAS; the comprehensive plan acknowledges the ownership of the property by Regina Foundation
with the potential use for access to Regina School; and
WHEREAS, Regina School no longer intends to use the property as part of the school campus and is
selling the property for private development; and
WHEREAS, development of the property for multi - family use is consistent with the comprehensive plan
designation for similar adjacent properties along 1 st Avenue;
WHEREAS, members of the public and the Planning and Zoning Commission expressed a concern
about the potential impacts of the development on Hickory Hill Park, specifically the view of parking and
drives from public trails within the park, and therefore recommended as a condition of the rezoning that a 20-
foot buffer area be established and landscaped to provide a visual screen; and
WHEREAS, there is no other feasible means of vehicular access to this property except for 1St Avenue,
an arterial street, and before the City will grant access to an arterial street, the applicant must demonstrate
that public safety will not be compromised; and
WHEREAS, City transportation planning staff have determined that the safest location for driveway
access to 1St Avenue is on the north end of the property, given that it would be nearer the bottom of the hill
and closer to the middle of the vertical curvature of the roadway and nearer the outside of the horizontal
curve, which would increase overall sight distance for motorists so as a condition of rezoning staff has
recommended, and the Planning and Zoning Commission has concurred, that development of the property
be consistent with the submitted conceptual site plan that indicates the general layout of building and parking
area with the driveway location near the north end of the property; and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement, attached hereto, to ensure appropriate
development in this area of the city; and
WHEREAS, Ordinance No.12 -4507 was intended to rezone the subject property, but due to an error in
the legal description erroneously rezoned certain land not owned by applicant or owner.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation as Low Density
Single Family Residential (RS -5) to Low Density Multi - Family Residential (RM -12):
Ordinance No. 13 -4516
Page 2
LEGAL DESCRIPTION
commencihg at the northwest co=er of Section 12, Township 79 North, Range 6
West of the Fifth Principal Meridian; thence 300 002126 "W, 600.07 feet along
the west linen of said Sect.ivu 121 thence 889 009'370W, 25.38 feet to a paint
on the west right of way line of First Avenue and the point of beginning,
thence southeasterly, 303.23 feet along said westerly right of tray lite, an
a 630.00 foot radius curve, concave northeasterly, whose 300.31 foot chord
wears 84iv4s, 29nn to the northeasterly corner of Lot 3 of First and
Rochester Addit=ion Part tine; thence 589°23149 "W, 57.18 feet along the north
line of said Lot 3; 'thence N89 036120 "W, 122 -87 feet along odid north line;
thence N000.32136 "R, 256.79 feet; thence X0910813713, 157.02 feet to the
point of l eginaing .
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. Ordinance No.12 -4507 is hereby repealed. All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 5th day of February , 2013.
' ✓R
ATTEST:
ClIff CLERK
Appro d by
C4 Attorney's Office --Z A;
Ordinance No. 13 -4516
Page 3
It was moved by Mims and seconded by Dickens
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
that the
First Consideration 1/22/2013
Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion, Dickens. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 2/14/2013
Moved by Mims, seconded by Payne, that the rule requiring ordinances to be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be waived and the ordinance be voted
upon for final passage at this time. AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton. NAYS: None. ABSENT: None.
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5240 (REV 2-00023)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), the Regina Foundation (hereinafter "Owner "), and Jeff Miller Construction, Inc.
(hereinafter "Applicant ").
WHEREAS, Owner is the legal title holder of approximately 1.02 acres of property located on 1st
Avenue north of Rochester Avenue, Iowa City, Iowa; and
WHEREAS, the Applicant has requested the rezoning of said property from Low Density Single -
Family Residential (RS -5) to Low Density Multi - Family Residential (RM -12); and
WHEREAS, members of the public and the Planning and Zoning Commission expressed a concern
about the potential impacts of the development on Hickory Hill Park, specifically the view of parking and
drives from public trails within the park, and therefore recommended as a condition of the rezoning that a 20-
foot buffer area be established and landscaped to provide a visual screen; and
WHEREAS, City transportation planning staff has determined that the safest location for driveway
access to 1 st Avenue is on the north end of the property, so as a condition of rezoning staff has recommended
and the Planning and Zoning Commission has concurred that development of the property be consistent with
the submitted conceptual site plan that indicates the general layout of building, parking and driveway locations;
and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the
Central District Plan; and
WHEREAS, the Owner and Applicant agree to develop said property in accordance with the terms
and conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:
1. The Regina Foundation is the legal title holder of the property legally described as:
Cos g1;iCiug s.t the 7corthweet Corner of Section 12, Towszship 79 North, mange
West: of the fifth Principal Meridian; thence 300002'26 "W, 600..07 feet along
the west: line of said Section. 121 thence u89 009 *37 "W, 25.38 feat to a. point
on the west right of way line of First Avenue and the point: of beginning;
thence southeasterly, 303.23 feet along said westerly right: of way line, on
al 630.00 foot radius curve, concave northeasterly, whooe 300.31 foot chord
bears S04048129 "E to the northeasterly corner of Lot 3 of First and
Rochester Addition Parts One; thence S89 023'49 "W, $7..18 feet" along the north
line of said Lot: 3; thence N89 036120 "W, 122.87 feet along eald north: lane;
thence N00 °32'36 "F, 296.79 fact; thence N09 009'3702, 157.02 fact: to the
paint of im9inuiny.
2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Central District Plan. Further, the parties acknowledge that Iowa
Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on
granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy
public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that
development of the subject property will conform to all other requirements of the zoning chapter, as
well as the following conditions:
1 of 3
A 20 -foot buffer area shall be established between the development (including, but not limited
to any building, parking area or driveway) and Hickory Hill Park and said buffer area planted
with a variety of deciduous and evergreen trees and shrubs to form an effective visual screen
between the development and the Park. A landscaping plan shall be submitted for review and
approval through the City's administrative Design Review process; and
Development of the property shall be consistent with the submitted conceptual site plan that
indicates the general layout of the building, parking and driveway, to ensure that location of
driveway access to 1st Avenue is near the northern end of the property where it is safest for
vehicles to enter and exit the property.
4. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy
public needs that are caused by the requested zoning change.
The Owner, Applicant, and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional
Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant
running with the land and with title to the land, and shall remain in full force and effect as a covenant
with title to the land, unless or until released of record by the City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind all
successors, representatives, and assigns of the parties.
7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable local, state, and
federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the
ordinance rezoning the subject property, and that upon adoption and publication of the ordinance,
this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's
expense.
Dated this 5th day of February , 20 13
CITY OF IOWA CITY
Ck"
Matthew J. Hayek, Mayor
Attest:
A ?
Marian . Karr, City Clerk
Approved by:
2 of 3
Jeff Miller Construction, Inc.,
APPLICANT
_
( , Title)
Regina Foundation,
OWNER
By: QPz t�SC•+-
Gary J. Sc , Treasurer
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA
ss:
COUNTY OF JOHNSON
This instrument was acknowledged before me on _ f =S6��� 20 /31 by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
APPLICANT ACKNOWLEDGEMENT:
STATE OF IOWA
ss:
COUNTY OF JOHNSON
Sardnu.�- V- I
Notary Public in and for said County and State
(Stamp or Seal) ,-
Title and Rank 'V a9� sONDRAE FORT
( ) Commission Number 159791
My Commission Expires
3 T / dd
This instrument was acknowledged before me on 2012 by
name as [title] of [name of business].
ARU SCHMIT
Commission Number 14924
• My Commisson Ex 5
NovanO�r S
OWNER ACKNOWLEDGEMENT:
STATE OF IOWA
ss:
COUNTY OF JOHNSON
Notary Public d for said County and State
(Stamp or Seal)
Title (and Rank)
This instrument was acknowledged before me on November 26, 2012 by Gary J. Schmit [name] as Treasurer
[title] of Regina Foundation [name of business].
7 7 ANNA MOYERS STONE
z Commission Number 743557
My Commission Expires
.ow October 20.2015
3of3
OUUA-7)11�
ary Public in and for said County and State
(Stamp or Seal)
Title (and Rank)
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00026)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 7.79 ACRES OF LAND LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF NORTH DODGE STREET AND PRAIRIE DU
CHIEN ROAD FROM MEDIUM DENSITY SINGLE FAMILY (RS -8), NEIGHBORHOOD PUBLIC (P -1)
AND HIGHWAY COMMERCIAL (CH -1) TO PLANNED DEVELOPMENT OVERLAY - COMMUNITY
COMMERCIAL (OPD- CC -2). (REZ12- 00026)
WHEREAS, the applicant, Hy -Vee Stores, has requested a rezoning of property located at the northeast
corner of the intersection of North Dodge Street and Prairie Du Chien Road from Medium - Density Single -
Family Residential (RS -8), Neighborhood Public (P -1), and Highway Commercial (CH -1) to Planned
Development Overlay /Community Commercial (OPD /CC2); and
WHEREAS, the Comprehensive Plan, North District Plan Map, shows this area as appropriate for
retail /community commercial use provided that it is designed to be compatible with the adjacent residential
neighborhood; and
WHEREAS, the applicant has submitted a concept plan showing how commercial redevelopment of this
property can be made compatible with the adjacent neighborhood with careful building design and
placement, the use of buffer areas and landscaping; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval provided that it meets conditions addressing the need for compatibility with the
adjacent neighborhoods and the policies of the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of RS -8, CH -1 and P -1 to OPD /CC -2:
LEGAL DESCRIPTION
(TRACT #1) - REZONE FROM P -1 TO CC -2
COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE
583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 ° 11' 15 "E,
ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 85.61 FEET, TO THE POINT OF BEGINNING;
THENCE N64 012'45 "E, 152.25 FEET; THENCE SOUTHWESTERLY 44.66 FEET ALONG AN ARC OF A
175.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 44.54 FOOT CHORD BEARS
S48 154'39 "W; THENCE S25 141'52 "W, 8.25 FEET; THENCE S64 °12'45 "W, 118.43 FEET, TO A POINT ON
THE WEST LINE OF SAID LOT 14; THENCE NO1 °11'15 "W, ALONG SAID WEST LINE, 22.00 FEET, TO
SAID POINT OF BEGINNING, CONTAINING 2,572 SQUARE FEET, MORE OR LESS, AND SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
(TRACT NIA) - REZONE FROM P -1 TO CC -2
COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE
583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'15 "E,
Ordinance No.
Page 2
ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 85.61 FEET; THENCE N64 °12'45 "E, 184.60
FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING N64 °12'45 "E, 178.92 FEET, TO A POINT
ON THE EAST LINE OF SAID LOT 14; THENCE SO 1 ° 12' I 1 "E, ALONG SAID EAST LINE, 22.00 FEET;
THENCE S640 12'45 "W, 125.00 FEET; THENCE SO 1 ° 12' 11 "E, 146.79 FEET, TO A POINT ON THE SOUTH
LINE OF SAID LOT 14; THENCE S64° 13'01 "W, ALONG SAID SOUTH LINE, 94.68 FEET; THENCE
N25 °58147 "W, 43.37 FEET; THENCE NO1 °11'25 "W, 85.98 FEET; THENCE S25 °41'52 "E, 17.45 FEET; THENCE
N64 °18'08 "E, 75.30 FEET; THENCE N25 °41'52 "W, 49.49 FEET, TO SAID POINT OF BEGINNING,
CONTAINING 0.37 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD,
LEGAL DESCRIPTION (TRACT #2) - REZONE FROM RS -8 TO CC -2
COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE
583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'15 "E,
ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 53.36 FEET, TO THE POINT OF BEGINNING;
THENCE N88 048'45 "E, 10.00 FEET; THENCE NORTHEASTERLY, 144.29 FEET, ALONG AN ARC OF A
150.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 138.79 FOOT CHORD BEARS
N61 ° 15' 18 "E; THENCE NORTHEASTERLY, 80.12 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY, WHOSE 79.17 FOOT CHORD BEARS N49 °00'00 "E; THENCE
N64 °18'08 "E, 150.18 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE SO1 °12'11 "E,
ALONG SAID EAST LINE, 27.51 FEET; THENCE N64 °12'45 "E, 44.86 FEET, TO A POINT ON THE WEST
LINE OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF
RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE N00 °41'26 "W, ALONG SAID WEST LINE OF YEGGY'S FIRST ADDITION,
76.28 FEET, TO THE NORTHWEST CORNER OF LOT B OF SAID YEGGY'S FIRST ADDITION; THENCE
N65 °07'33 "E, ALONG THE NORTH LINE OF SAID LOT B, 158.32 FEET, TO THE NORTHEAST CORNER
THEREOF; THENCE N00 °36'30 "W, ALONG THE EAST LINE OF LOT C OF SAID YEGGY'S FIRST
ADDITION, AND ITS NORTHERLY PROJECTION THEREOF, 123.75 FEET; THENCE N88 °25'19 "E, 158.03
FEET, TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGE 325, IN SAID
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88 °48'55 "E, ALONG THE
NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SO1 °11'05 "E,
ALONG SAID NORTH LINE, 157.65 FEET; THENCE S64 °53'24 "W, ALONG THE NORTH LINE OF LOT X
OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO
THE NORTHWEST CORNER THEREOF; THENCE S65 °38'32 "W, ALONG THE NORTH LINE OF LOT Y OF
SAID YEGGY'S FIRST ADDITION, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO A
POINT ON THE SAID EAST LINE OF LOT 14 OF ST. MATTHIAS SECOND ADDITION; THENCE
SO1 °12'11 "E, ALONG SAID EAST LINE, 0.44 FEET; THENCE S64 °12'45 "W, 363.52 FEET, TO A POINT ON
THE WEST LINE OF SAID LOT 14; THENCE NO 1 ° 11' 15 "W, ALONG SAID WEST LINE, 32.25 FEET, TO
SAID POINT OF BEGINNING, CONTAINING 1.47 ACRE, MORE OR LESS, AND SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
LEGAL DESCRIPTION (TRACT #3) - REZONE FROM CH -1 TO CC -2
COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE
583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO I'] F15 "E,
ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 107.61 FEET, TO THE POINT OF
BEGINNING; THENCE N64 °12'45 "E, 123.87 FEET; THENCE SO1 °11'25 "E, 99.09 FEET; THENCE
S25 058'47 "E, 43.37 FEET; THENCE N64° 13'01 "E, 94.68 FEET; THENCE NO 1 ° 12' 11 "W, 146.79 FEET;
THENCE N64 012'45 "E, 125.00 FEET, TO A POINT ON THE EAST LINE OF LOT 14 OF SAID ST.
MATTHIAS SECOND ADDITION; THENCE NO 1 ° 12' 11 "W, ALONG SAID EAST LINE, 22.44 FEET; THENCE
N65 °38'32 "E, ALONG THE NORTH LINE OF LOT Y, OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA,
IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, AND ITS WESTERLY PROJECTION
THEREOF, 201.58 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE N64 °53'24 "E, ALONG THE
NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION
THEREOF, 188.89 FEET, TO A POINT ON THE NORTH LINE OF AUDITOR'S PARCEL 96064, JOHNSON
COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT
Ordinance No.
Page 3
PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'05 "E,
ALONG SAID NORTH LINE, 27.69 FEET; THENCE N88 °48'55 "E, ALONG THE NORTH LINE OF SAID
AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SO1 °11'05 "E, ALONG SAID NORTH
LINE, 185.34 FEET; THENCE N88 °48'55 "E, ALONG SAID NORTH LINE, 12.29 FEET, TO A POINT ON THE
WEST LINE OF LOT 10 OF ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE
WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN SAID RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88 °53'07 "E, 193.31 FEET, TO A POINT ON THE
EAST LINE OF SAID LOT 10 OF ST. MATTHIAS SECOND ADDITION; THENCE SO1 °11'05, ALONG SAID
EAST LINE, 203.80 FEET, TO ITS INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF NORTH
DODGE STREET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 592.68 FEET;
THENCE S64013'1 811W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 27.03 FEET; THENCE S64 °13'01 "W,
ALONG SAID NORTH RIGHT -OF -WAY LINE, 180.79 FEET; THENCE S25 °46'59 "E, ALONG SAID NORTH
RIGHT -OF -WAY LINE, 2.00 FEET; THENCE S64 113'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE,
39.43 FEET; THENCE S69 °55'40 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 40.20 FEET; THENCE
S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 37.48 FEET; THENCE S88 048'35 "W, ALONG
SAID NORTH RIGHT -OF -WAY LINE, 51.07 FEET; THENCE SO 1 °56'19 "E, ALONG SAID NORTH RIGHT -
OF -WAY LINE, 33.08 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 9.29
FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF PRAIRIE DU CHIEN ROAD;
THENCE NO1 011'15 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 319.03 FEET, TO SAID POINT OF
BEGINNING, CONTAINING 5.90 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
SECTION Il. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 20
MAYOR
ATTEST:
CITY CLERK
provd by
r P - d,,Jl
—
Attorney Repr
Wing the City
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 12/18/2012
Voteforpassage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns,
Hayek. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Hayek. NAYS:
Date published
1/8/2013
AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns,
Nine. ABSENT: None.
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ12- 00026)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), Roberts Dairy Company, L.L.C., an Illinois limited liability company
(hereinafter "Owner ") and Hy -Vee, Inc., an Iowa corporation (hereinafter "Applicant ").
WHEREAS, Owner is the legal title holder of approximately 7.37 acres of property
located on the north side of North Dodge Street between Prairie Du Chien Road and North
Dubuque Road; and
WHEREAS, the City owns approximately .42 acres of adjacent property including right -
of -way of St. Clements Street, which the Applicant proposes to purchase; and
WHEREAS, the Owner and Applicant have requested the rezoning of said property from
Medium - Density Single - Family Residential (RS -8), Neighborhood Public (P -1), and Highway
Commercial (CH -1) to Planned Development Overlay /Community Commercial (OPD /CC -2); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding redevelopment of the property with a design that is compatible with the
adjacent residential neighborhood, the requested zoning is consistent with the Comprehensive
Plan; and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and
restrictions are reasonable to ensure the development of the property is consistent with the
Comprehensive Plan and the need for compatibility with the North District Plan and the adjacent
residential neighborhood; and
WHEREAS, the Owner and Applicant agree to develop this property in accordance with
the terms and conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Roberts Dairy Company is the legal title holder of the property legally described as:
LEGAL. DESCRIPTION (TRACT #2) - REZONE FROM RS -8 TO CC -2
COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE
583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'15 "E,
ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 53.36 FEET, TO THE POINT OF BEGINNING;
THENCE N88 04845 "E, 10.00 FEET; THENCE NORTHEASTERLY, 144.29 FEET, ALONG AN ARC OF A
150.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 138.79 FOOT CHORD BEARS
N61 951 8 "E; THENCE NORTHEASTERLY, 80.12 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY, WHOSE 79.17 FOOT CHORD BEARS N49 000'00 "E; THENCE
N64 °18'08 "E, 150.18 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE SO 19211 "E,
ALONG SAID EAST LINE, 27.51 FEET; THENCE N64° 12'45 "E, 44.86 FEET, TO A POINT ON THE WEST
LINE OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF
RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE N00 °41'26 "W, ALONG SAID WEST LINE OF YEGGY'S FIRST ADDITION,
76.28 FEET, TO THE NORTHWEST CORNER OF LOT B OF SAID YEGGY'S FIRST ADDITION; THENCE
N65 °07'33 "E, ALONG THE NORTH LINE OF SAID LOT B, 158.32 FEET, TO THE NORTHEAST CORNER
THEREOF; THENCE N00 °36'30 "W, ALONG THE EAST LINE OF LOT C OF SAID YEGGY'S FIRST
ADDITION, AND ITS NORTHERLY PROJECTION THEREOF, 123.75 FEET; THENCE N88 °25'19 "E, 158.03
FEET, TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGE 325, IN SAID
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88 °48'55 "E, ALONG THE
NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SO1 °11'05 "E,
ALONG SAID NORTH LINE, 157.65 FEET; THENCE S64 °53'24 "W, ALONG THE NORTH LINE OF LOT X
OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO
THE NORTHWEST CORNER THEREOF; THENCE S65 °38'32 "W, ALONG THE NORTH LINE OF LOT Y OF
SAID YEGGY'S FIRST ADDITION, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO A
POINT ON THE SAID EAST LINE OF LOT 14 OF ST. MATTHIAS SECOND ADDITION; THENCE
SO °12'11 "E, ALONG SAID EAST LINE, 0.44 FEET; THENCE S64 °1245 "W, 363.52 FEET, TO A POINT ON
THE WEST LINE OF SAID LOT 14; THENCE NO1 °11'15 "W, ALONG SAID WEST LINE, 32.25 FEET, TO
SAID POINT OF BEGINNING, CONTAINING 1.47 ACRE, MORE OR LESS, AND SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
LF,GAL DESCRIPTION (TRACT #3) - RFZ.ONF FROM CH -1 TO CC -2
COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE
583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'15 "E,
ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 107.61 FEET, TO THE POINT OF
BEGINNING; THENCE N64 °12'45 "E, 123.87 FEET; THENCE SO1 °11'25 "E, 99.09 FEET; THENCE
S25 058'47 "E, 43.37 FEET; THENCE N64 °13'01 "E, 94.68 FEET; THENCE NO1 °12'11 "W, 146.79 FEET; THENCE
N64012'45 "E, 125.00 FEET, TO A POINT ON THE EAST LINE OF LOT 14 OF SAID ST. MATTHIAS SECOND
ADDITION; THENCE NO 1012'11 "W, ALONG SAID EAST LINE, 22.44 FEET; THENCE N65 °38'32 "E, ALONG
THE NORTH LINE OF LOT Y, OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE
WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET,
TO THE NORTHEAST CORNER THEREOF; THENCE N64 °53'24 "E, ALONG THE NORTH LINE OF LOT X
OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO A
POINT ON THE NORTH LINE OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGE 325, IN SAID
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 ° 11'05 "E, ALONG SAID
NORTH LINE, 27.69 FEET; THENCE N88 °48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S
PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SO 1 ° 11'05 "E, ALONG SAID NORTH LINE, 185.34
FEET; THENCE N88 048'55 "E, ALONG SAID NORTH LINE, 12.29 FEET, TO A POINT ON THE WEST LINE
OF LOT 10 OF ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE
PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN SAID RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE; THENCE N88 °53'07 "E, 193.31 FEET, TO A POINT ON THE EAST LINE OF
SAID LOT 10 OF ST. MATTHIAS SECOND ADDITION; THENCE SO1 °11'05, ALONG SAID EAST LINE,
203.80 FEET, TO ITS INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF NORTH DODGE
STREET; THENCE S64° 13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 592.68 FEET; THENCE
S64-13'1 8"W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 27.03 FEET; THENCE S64 °13'01 "W, ALONG
SAID NORTH RIGHT -OF -WAY LINE, 180.79 FEET; THENCE S25 °46'59 "E, ALONG SAID NORTH RIGHT -
OF -WAY LINE, 2.00 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 39.43
FEET; THENCE S69 °55'40 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 40.20 FEET; THENCE
S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 37.48 FEET; THENCE S88 °48'35 "W, ALONG
SAID NORTH RIGHT -OF -WAY LINE, 51.07 FEET; THENCE SO1 °56'19 "E, ALONG SAID NORTH RIGHT -
OF -WAY LINE, 33.08 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 9.29
FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF PRAIRIE DU CHIEN ROAD;
THENCE NO ° 11'15 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 319.03 FEET, TO SAID POINT OF
BEGINNING, CONTAINING 5.90 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
2. The City is the legal title holder of the property legally described as:
2
LF,CAL DESCRIPTION (TRACT #1) - REZONE FROM P -1 TO CC -2
COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE
583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'15 "E,
ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 85.61 FEET, TO THE POINT OF BEGINNING;
THENCE N64 012'45 "E, 363.52 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE
SO1 °12'11 "E, ALONG SAID EAST LINE, 22.00 FEET; THENCE S64 °12'45 "W, 125.00 FEET; THENCE
SO1 °12'11 "E, 146.79 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 14; THENCE S64 °13'01 "W,
ALONG SAID SOUTH LINE, 94.68 FEET; THENCE N25 °58'47 "W, 43.37 FEET; THENCE NO1 °11'25 "W, 99.09
FEET; THENCE S64 012'45 "W, 123.87 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE
NO1 °1 Ill 5 "W, ALONG SAID WEST LINE, 22.00 FEET, TO SAID POINT OF BEGINNING, CONTAINING
0.51 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
3. The Owner and Applicant acknowledge that the City wishes to ensure conformance to
the principles of the Comprehensive Plan and the North District Plan. Further, the parties
acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may
impose reasonable conditions on granting an applicant's rezoning request, over and
above the existing regulations, in order to satisfy public needs caused by the requested
change.
4. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning chapter, as well as the following conditions:
A) A buffer area generally consistent with the attached plan shall be
established along the western property line of the parcel rezoned to CC -2. This
buffer must be screened to the S3 standard. Wherever the buffer area is less
than 35 feet a masonry wall shall be provided consistent with the attached plan.
B) No signs shall be permitted within the 35 foot buffer, or on the north
and /or west sides of the convenience store facing the residential development,
except for a monument sign at the intersection of Dodge Street and Prairie Du
Chien Road. There will be no more than two (2) free - standing signs permitted
along the Dodge Street frontage. Other fascia and monument signs are permitted
as per the code.
C) Any building or structure including canopies shall be of a quality design
appropriate for property abutting a residential neighborhood, including features
such as stone and masonry materials, standing seam metal roofs, and muted
colors. The design of any buildings as well as associated structures and facilities
must be presented to and approved by the Design Review Committee prior to the
City issuing a building permit.
D) Existing evergreen screening and mature trees will be preserved along
the northwest side of the property where possible.
E) A bus pull off, the design of which must be approved by the City
Engineer, shall be constructed by the Applicant within the Dodge Street right -of-
way.
F) Development and landscaping shall be generally consistent with the
attached plan.
G) A parapet wall shall be provided on the northwest wall of the
3
grocery store to buffer roof top equipment.
5. The Owner and Applicant, and City acknowledge that the conditions contained herein
are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and
that said conditions satisfy public needs that are caused by the requested zoning
change.
6. The Owner and Applicant, and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the
terms of this Conditional Zoning Agreement.
7. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
S. The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
9. The Owner and Applicant acknowledge that nothing in this Conditional Zoning
Agreement shall be construed to relieve the Owner or Applicant from complying with all
other applicable local, state, and federal regulations.
10. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
11. This Agreement may be executed in two (2) or more counterparts, each of which shall
be deemed an original, but all of which taken together shall form one and the same
agreement. For purposes of executing and delivering this Agreement, a facsimile or
scanned and emailed signature shall be as effective as an original signature.
Dated this _ day of , 20_
City:
CITY OF IOWA CITY
Matthew Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
El
Approved by:
Attorney Representing the City
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 201 by Matthew Hayek
and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
5
Owner:
Roberts Dairy Company, LLC, an Illinois limited liability company
By:
Its: Partner
STATE OF (n ISS6 V?' 1 , COUNTY OF , ss:
This ins ument was acknowledge before me o ,1-� /8 2d /z-- by
as �&-rkej � of Robe Dairy Company, LLC,
an I linoi limite� ility company.
4q-
tarry Public
JOHN tN. ALDRED
AN�ubtic — Notary Seal
E OF MISSOURI
reene county
M1v k -4ffl fliloion Expires ov. 5,201.5
1�A melon 811460004
Applicant:
Hy -Vee, Inc., an Iowa corporation
A
Anthon�c/Cann, Sr. Vice President
By: k " �,
/Uo f(�ao% A HeK (print name)
Its: AsS)s4kt+ 6*v -Ay
STATE OF IOWA, COUNTY OF POLK, ss
On this I V- day of hce.w Gtr , 2012, before me, the undersigned, a Notary
Public in and for the state of Iowa, personally appeared Anthony McCann and
r` Wlek\ , to me personally known, who being by me duly sworn did say that
they are the Sr. Vice President and 5tatA4-� , respectively, of Hy -Vee, Inc., an Iowa
corporation, that the instrument to which this is attached was signed on behalf of said corporation
by authority of its Board of Directors; and that the said Anthony McCann and
&.#,,AK AIfth as such off' ers acknowledged the execution of said instrument to
be the voluntary act and deed of said corpoon, by it and bAiem voluntarily executed.
MATINA D. MASSMAN Not' y P blic in and for
� �S� State o owa
r
• • SIONDPOW
WN
7
O
CD
0
-- •— Right of Way
-- Right of Way
O
O
� O
�
i]
CD OD
_ F
� o
N �
w n
w
6
O N
I.
�
�
C7
x
j
u
�
o
�
�. C
n
s
O N
'
CD
o
N
c.
-- •— Right of Way
P
�
O
m
6
�
W
_ F
� o
N �
w n
w
6
g F
o
n
l- H rt rty 6
�
9
G
j
S 2
O
O.
on c
p N C
m
C 2� Q�
_ F
o
N �
w
6
in9 � T
F G
W
O
F
w
C
-r.
ff
c O
b7 "�
S �
r
Building Corner
-- Right of Way
C
— — — Right of Way
0
H
a
1p
44 FF
t.
0
..T. O
(7
N (D
O � �
N
o Q
C o
0
a
w
C
-r.
ff
c O
b7 "�
S �
r
Building Corner
-- Right of Way
C
— — — Right of Way
0
H
a
1p
44 FF
t.
0
\
na 31MVd Jc -_
oo
, \ Nc
T
-- --- - - - - -- AP-1
\
1S 1N3W3-1: is s p o p
L O
A
\ mzo
mo
r is ►' V
a'r.,
V
m
X
m
ou
7
Oz
�a r
z 4p aIf
z — Ud „9€�
Nd y o � D W qAR €
a �N m —im=1 e$zs H
r
> m9z
DD<
o
zm
>z;�
N��
�Ocn
pay
�Z
m
�
�cm
D
—mN�W
�
amm<
y�om
m
O O m
z0m
Z'
9 Z
D p �
O
v
w<
7
D?�O
0
�z�
rn
ss�N
m=
o A O
A
y z
<
m�
i
Oz
�a r
z 4p aIf
z — Ud „9€�
Nd y o � D W qAR €
a �N m —im=1 e$zs H
BRx «!71 i 9 =Aai y O 0 ® O #0
�I li O°
•
M
m
aA��. R �.���� H � � � i?
� II Ii
z
Oz
�a r
z 4p aIf
z — Ud „9€�
Nd y o � D W qAR €
a �N m —im=1 e$zs H
6e
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF ST. CLEMENT STREET. (VAC12- 00005)
WHEREAS, the applicant, Hy -Vee Food Stores, Inc., has requested that the City vacate a portion of St.
Clement Street right -of -way located between 1109 and 1123 N. Dodge Street, the site of Roberts Dairy; and
WHEREAS, an alternative access will be provided to the nine residential properties located north of this
right -of -way requested for vacation via a newly dedicated St. Clement Street to be located within property to
the north of the dairy; and
WHEREAS, the relocated street will provide a defined and safe access to residential properties located
to the north, and provide access to the proposed grocery and convenience stores adjacent to the right -of -way
being dedicated; and
WHEREAS, it is in the City's interest to vacate and dispose of public right -of -way, or portions thereof, that
will no longer be necessary for public access; and
WHEREAS, easements will be retained for existing utilities or utilities will be relocated at the applicants
expense; and
WHEREAS, the Planning and Zoning Commission recommended vacation of this portion of this right -of-
way subject to relocation of utilities or the retention of necessary easements, and dedication of an alternative
street right -of -way.
WHEREAS, the applicant has submitted a preliminary plat of the Roberts Dairy Addition, which includes
an acceptable alternative location for St. Clement Street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. VACATION. Subject to relocation of utilities or the retention of necessary easements and
dedication of an alternative street right -of -way acceptable to the City, the City of Iowa City hereby vacates the
portion of the St. Clement Street right -of -way legally described as follows:
Beginning at the Northwest Corner of Lot 5 of Block 2 in St. Matthias 2nd Addition to Iowa City, Johnson
County, Iowa, in accordance with the Plat thereof Recorded in Book 16, at Page 406, of the Records of
the Johnson County Recorder's Office; Thence S01 012'11 "E, along the East Line of St. Clement Street,
142.54 feet, to a point on the North Line of the Tract of Land conveyed by Quit Claim Deed, as Recorded
in Book 3398 at Page 124 of the Records of the Johnson County Recorder's Office; Thence
S64 °13'18 "W, 27.03 feet, to the intersection of the West Line of St. Clement Street and the Northerly
Line of the Tract of Land Condemned by Proceedings Recorded in Book 3695, at Page 874, of the
Records of the Johnson County Recorder's Office; Thence N01 °12'11 "W, along said West Line, 363.94
feet; Thence N64 012'45 "E, to a Point on the West Line of Lot A of Yeggy's First Addition, in accordance
with the Plat thereof Recorded in Plat Book 6, at Page 49, of the Records of the Johnson County
Recorder's Office; Thence S00 041'26 "E, along said West Line of Lot A, a distance of 31.52 feet, to the
Southwest Corner thereof and a Point on the North Line of Lot Y of said Yeggy's First Addition; Thence
S65 038'32 "W, along said North Line, 17.33 feet, to the Northwest Corner of said Lot Y, and a point on the
East Line of St. Clement Street; Thence S01012'11"E, along said East Line, 190.49 feet, to the Point of
Beginning. Said Right -of -Way Vacation Parcel contains 9,446 square feet (0.22 Acre) and is subject to
easements and restrictions of record.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed .
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of 201
Ordinance No.
Page 2
MAYOR: Matthew Hayek
ATTEST:
CITY CLERK
Ap rove b
Attorney Represen 'the City
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 12/18/2012
Vote for passage: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek,
Mims. NAYS: None. ABSENT: None.
Second Consideration 1/8/2013
Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek,
Mims. NAYS: None. ABSENT: None.
Date published
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND
RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION B, TO MODIFY THE TIPS TRAINING TO ACCOMMODATE THE
NEW STATE I -PACT PROGRAM; AND TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5,
PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN
LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION C TO ALLOW THOSE NINETEEN
YEARS OF AGE OR OLDER TO REMAIN IN ENTERTAINMENT VENUES UNTIL CLOSING.
WHEREAS, under the current ordinance, all patrons under the age of 21 must leave entertainment
venues by midnight; and
WHEREAS, many Entertainment Venues host shows and events that continue past midnight, causing
patrons aged 19 and 20 to have to leave the shows early; and
WHEREAS, the Entertainment Venues in Iowa City have demonstrated both a willingness and ability
to control underage drinking within their establishments, as documented by their very low PAULA ratios;
and
WHEREAS, Entertainment Venues offer a valued cultural contribution to the community; and
WHEREAS, allowing the Entertainment Venues to host patrons between the ages of 19 and 20 until
close will assist the Entertainment Venues in drawing bigger crowds, which will assist in attracting better
entertainment acts; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION B, PARAGRAPH (7)(a)(12) is hereby amended by deleting the
subparagraph in its entirety and replacing it with the following subparagraph:
(12) The venue employs only bartenders and servers who have completed the alcohol compliance
employee training program (e.g. I -PACT) pursuant to Iowa Code Section 123.50A; and
TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION C, PARAGRAPH (6) is hereby amended by deleting
subparagraph (6)(a) in its entirety, and renumbering the remaining paragraphs (previously b. and c.)
as a. and b.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication.
Passed and approved this day of , 2013.
MAYOR
ATTEST:
CITY CLERK
Ap roved by
City Attorney's Office
� 3
Ordinance No.
Page
It was moved by and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
`- Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 1/22/2013
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion,
Dickens, Dobyns. NAYS: None. ABSENT: None.
Second Consideration 2/5/2013
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens,
Dobyns. NAYS: None. ABSENT: None.
Date published