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Home My WebLink About2013-02-19 Ordinance7c 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 (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 (11313) 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 (13313) 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housing that serves primarily short-term residents; and WHEREAS, the Central District Plan indicates that R313 zoning is obsolete and the properties with this designation should be rezoned to a valid zoning designation; WHEREAS, the Central District Plan, an element of the Iowa City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 R3B zoning, a high - density multi - family zoning designation that is obsolete; and WHEREAS, R313 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 R313 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 R313 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 11313 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 R313 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 51h 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 a City Attorney's Office O? qt' (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 2/5/2013 Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Second Consideration 2/19/2013 Vote for passage: AYES: Dickens, Dobyns, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: Nine. ABSTAIN. Hayek. Date published 7c.. Marian Karr From: Tracy Barkalow [mailto:Tracy @barkalowhomes.com] Sent: Monday, February 11, 2013 11:49 AM To: Matt Hayek Cc: Sara Greenwood Hektoen; Joseph T. Moreland; Council; Tom Markus; Matt Hayek; Susan Mims; Terry Dickens; ck- dobyns @iowa - city.org; Michelle Payne; Jim Throgmorton; Eleanor M. Dilkes; 'Chuck Meardon'; Rick Dobyns; Sara Greenwood Hektoen Subject: 902 & 906 North Dodge Street Iowa City IA - Importance: High Mr. Mayor- We wanted to wait a few days before sending this email so that we had better clarity of this situation before we sent our email comments in to Council. TSB Holdings LLC found it odd that you recused yourself on the basis that you own a property within 200 feet of the area of the rezoning matter before City Council at last week's meeting. Then when questions came up by other City Council members to legal you jumped in and spoke up after you recused yourself and even gave a Legal opinion to support the City Attorney's position relating to the spot downzoning of TSB Holdings LLC properties. TSB Holdings LLC finds this very troubling do to the relationship your law firm has with the properties owned by TSB Holdings LLC on North Dodge Street in Iowa City that are listed on this rezoning application before City Council. We would respectfully like at this time to ask that you to recuse yourself from the items on the City Council Agenda that pertain to the properties owned by TSB Holdings LLC located at 902 Ft 906 North Dodge Street 8t Lot 49 Subdivision SE Y4 Section 3 Iowa City IA. At this time we would like to remind or point out what we feel is a conflict of interest relating to this rezoning application to you and the City Council. The fact that your Law Firm represents from inception TSB Holdings LLC which owns the properties on the rezoning application is a conflict in our opinion. TSB Holdings LLC would also like to point out the fact that on a daily basis your partner Joe Moreland and your firm represent TSB Holdings LLC and are the register agents for TSB Holdings LLC which you may all confirm on the Secretary of State website. In the past you have recused yourself on this basis from all actions relating to Tracy Barkalow or any company I own in full or part when the items are before the City Council so at this time we would respectfully ask that you do the same in this matter. We believe our request should be in place for all current and future communications and meetings relating to this City Downzoning Application that was submitted by the City of Iowa City or any future City of Iowa City matter before the City Council that is owned by Tracy Barkalow personally or TSB Holdings LLC or any other company owned in part or full by Tracy Barkalow. If there is any confusion and this is not ok with you please let us know in a written response what your position is so that we know how to address this with the City Council at the next public meeting. Respectfully, A4,17 3. 2�06"#v - CBR Broker Associate — REALTOR Commercial & Residential Real Estate Ambrose & Associates Realtors 25012th 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 ZVI I ' r 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 SO191'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 85.61 FEET, TO THE POINT OF BEGINNING; THENCE N64 012'45 "E, 152.25 FEET; THENCE SOUTHWESTERLY 44.66 FEET ALONG AN ARC OF A 175.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 44.54 FOOT CHORD BEARS S48 °54'39 "W; THENCE S25 °41'52 "W, 8.25 FEET; THENCE S64 °12'45 "W, 118.43 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE NO1 °11'15 "W, ALONG SAID WEST LINE, 22.00 FEET, TO SAID POINT OF BEGINNING, CONTAINING 2,572 SQUARE FEET, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (TRACT #1 A) - 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 012'45 "E, 184.60 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING N64 °12'45 "E, 178.92 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE S01'] 2' 11 "E, ALONG SAID EAST LINE, 22.00 FEET; THENCE S64012'45 "W, 125.00 FEET; THENCE SO 19 2' 11 "E, 146.79 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 14; THENCE S64 °13'01 "W, ALONG SAID SOUTH LINE, 94.68 FEET; THENCE N25 °58'47 "W, 43.37 FEET; THENCE NO1 °11'25 "W, 85.98 FEET; THENCE 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 SOI'l F] 5 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 53.36 FEET, TO THE POINT OF BEGINNING; THENCE N88048'45 "E, 10.00 FEET; THENCE NORTHEASTERLY, 144.29 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 138.79 FOOT CHORD BEARS N61 ° 15'1 8"E; THENCE NORTHEASTERLY, 80.12 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 79.17 FOOT CHORD BEARS N49 °00'00 "E; THENCE N64018'08 "E, 150.18 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE SO 1 ° 12' 11 "E, ALONG SAID EAST LINE, 27.51 FEET; THENCE N64 °12'45 "E, 44.86 FEET, TO A POINT ON THE WEST LINE OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N00 °41'26 "W, ALONG SAID WEST LINE OF YEGGY'S FIRST ADDITION, 76.28 FEET, TO THE NORTHWEST CORNER OF LOT B OF SAID YEGGY'S FIRST ADDITION; THENCE N65 °07'33 "E, ALONG THE NORTH LINE OF SAID LOT B, 158.32 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE N00 °36'30 "W, ALONG THE EAST LINE OF LOT C OF SAID YEGGY'S FIRST ADDITION, AND ITS NORTHERLY PROJECTION THEREOF, 123.75 FEET; THENCE N88 °25'19 "E, 158.03 FEET, TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88 °48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SO]'] 1'05"E, ALONG SAID NORTH LINE, 157.65 FEET; THENCE S64 °53'24 "W, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE S65 °38'32 "W, ALONG THE NORTH LINE OF LOT Y OF SAID YEGGY'S FIRST ADDITION, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO A POINT ON THE SAID EAST LINE OF LOT 14 OF ST. MATTHIAS SECOND ADDITION; THENCE SO 1 ° 12' 11 "E, ALONG SAID EAST LINE, 0.44 FEET; THENCE S64° 12'45 "W, 363.52 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE NO1 °11'15 "W, ALONG SAID WEST LINE, 32.25 FEET, TO SAID POINT OF BEGINNING, CONTAINING 1.47 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION (TRACT #3) - REZONE FROM CH -1 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °] 1'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 107.61 FEET, TO THE POINT OF BEGINNING; THENCE N64 °12'45 "E, 123.87 FEET; THENCE SOI'l F25 "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 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 SOI'l F05, 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 S640 13' 18 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 27.03 FEET; THENCE S64° 13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 180.79 FEET; THENCE S25 °46'59 "E, ALONG SAID NORTH RIGHT -OF -WAY LINE, 2.00 FEET; THENCE S64° 13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 39.43 FEET; THENCE S69 °55'40 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 40.20 FEET; THENCE S64-13-01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 37.48 FEET; THENCE S88 048135 "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 N01 01 1' 15 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 319.03 FEET, TO SAID POINT OF BEGINNING, CONTAINING 5.90 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20 MAYOR ATTEST: CITY CLERK A prov d by Attorney Repr ting 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, N6ne. 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. DF,SCRIPTION (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 5336 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 018'08 "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 N88025'1 9"E, 158.03 FEET, TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88 °48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SO] °I 1'05 "E, ALONG SAID NORTH LINE, 157.65 FEET; THENCE S64 °53'24 "W, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE S65 °38'32 "W, ALONG THE NORTH LINE OF LOT Y OF SAID YEGGY'S FIRST ADDITION, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO A POINT ON THE SAID EAST LINE OF LOT 14 OF ST. MATTHIAS SECOND ADDITION; THENCE SO1 °12'11 "E, ALONG SAID EAST LINE, 0.44 FEET; THENCE S64 °12'45 "W, 363.52 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE NO1 °11'15 "W, ALONG SAID WEST LINE, 32.25 FEET, TO SAID POINT OF BEGINNING, CONTAINING 1.47 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION (TRACT #3) - REZONE FROM CH -1 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 107.61 FEET, TO THE POINT OF BEGINNING; THENCE N64° 12'45 "E, 123.87 FEET; THENCE SO 1 ° 11'25 "E, 99.09 FEET; THENCE S25 °58'47 "E, 43.37 FEET; THENCE N64 °13'01 "E, 94.68 FEET; THENCE NO1 °12'11 "W, 146.79 FEET; THENCE N64-12'45 "E, 125.00 FEET, TO A POINT ON THE EAST LINE OF LOT 14 OF SAID ST. MATTHIAS SECOND ADDITION; THENCE NO1 °12'11 "W, ALONG SAID EAST LINE, 22.44 FEET; THENCE N65 °38'32 "E, ALONG THE NORTH LINE OF LOT Y, OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE N64 °53'24 "E, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO A POINT ON THE NORTH LINE OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'05 "E, ALONG SAID NORTH LINE, 27.69 FEET; THENCE N88 °48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SO1 °11'05 "E, ALONG SAID NORTH LINE, 18534 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 S64 °13'18 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 27.03 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 180.79 FEET; THENCE S25 °46'59 "E, ALONG SAID NORTH RIGHT - OF -WAY LINE, 2.00 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 39.43 FEET; THENCE S69'55'40 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 40.20 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 37.48 FEET; THENCE S88'48'35 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 51.07 FEET; THENCE SO 1'56'1 9"E, ALONG SAID NORTH RIGHT - OF -WAY LINE, 33.08 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 9.29 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF PRAIRIE DU CHIEN ROAD; THENCE NO1 °11'15 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 319.03 FEET, TO SAID POINT OF BEGINNING, CONTAINING 5.90 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The City is the legal title holder of the property legally described as: 2 LEGAL DESCRIPTION (TRACT #1) - REZONE FROM P -1 TO C -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 11 I'l5 "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 °1211 "E, ALONG SAID EAST LINE, 22.00 FEET; THENCE S64 °12'45 "W, 125.00 FEET; THENCE SOI °12'11 "E, 146.79 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 14; THENCE S64 113'01 "W, ALONG SAID SOUTH LINE, 94.68 FEET; THENCE N25 °58'47 "W, 43.37 FEET; THENCE NOI ° 11'25 "W, 99.09 FEET; THENCE S64 °1 2'45 "W, 123.87 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE NOI °11'15 "W, ALONG SAID WEST LINE, 22.00 FEET, TO SAID POINT OF BEGINNING, CONTAINING 0.51 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the North District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 4. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: A) A buffer area generally consistent with the attached plan shall be established along the western property line of the parcel rezoned to CC -2. This buffer must be screened to the S3 standard. Wherever the buffer area is less than 35 feet a masonry wall shall be provided consistent with the attached plan. B) No signs shall be permitted within the 35 foot buffer, or on the north and /or west sides of the convenience store facing the residential development, except for a monument sign at the intersection of Dodge Street and Prairie Du Chien Road. There will be no more than two (2) free - standing signs permitted along the Dodge Street frontage. Other fascia and monument signs are permitted as per the code. C) Any building or structure including canopies shall be of a quality design appropriate for property abutting a residential neighborhood, including features such as stone and masonry materials, standing seam metal roofs, and muted colors. The design of any buildings as well as associated structures and facilities must be presented to and approved by the Design Review Committee prior to the City issuing a building permit. D) Existing evergreen screening and mature trees will be preserved along the northwest side of the property where possible. E) A bus pull off, the design of which must be approved by the City Engineer, shall be constructed by the Applicant within the Dodge Street right -of- way. F) Development and landscaping shall be generally consistent with the attached plan. G) A parapet wall shall be provided on the northwest wall of the 3 grocery store to buffer roof top equipment. 5. The Owner and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 6. The Owner and Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 7. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. 8. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 9. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 10. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. 11. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall form one and the same agreement. For purposes of executing and delivering this Agreement, a facsimile or scanned and emailed signature shall be as effective as an original signature. Dated this _ day of , 20_ City: CITY OF IOWA CITY Matthew Hayek, Mayor Attest: Marian K. Karr, City Clerk 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 fn IS6 ! , COUNTY OF �� , ss: This instrument was acknowledg before me on l� i8 ?6/Z— by 5 as �S-r- KC—,t°} of Robert's Dairy Company, LLC, an I linos limite ility company. �q- fiax tary Public JOHN M.ALDRED (�A Public —Notary Seal E OF MISSOURI rsene xpires o County c . mmission Ev. 5, 2015 snlulon M 1460004 Applicant: Hy -Vee, Inc., an Iowa corporation By: rhAAA AnthonCC" Bann, Sr. Vice President By: 1, /4l th (print name) Its: Asirsk& -y 6ecnk4-- y STATE OF IOWA, COUNTY OF POLK, ss On this I `V— day of fleece. —her , 2012, before me, the undersigned, a Notary Public in and for the state of Iowa, personally appeared Anthony McCann and 14110\ to me personally known, who being by me duly sworn did say that they are the Sr. Vice President and 1Ws(*,A- Seu'e-1 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 as such off' ers acknowledged the execution of said instrument to be the voluntary act and deed of said corpo ion, by it and b em vo untarily executed. ,er►•L I MAT INA D. MASS" o y P blic in and forth f iON NO, State o owa a� • rows 7 -- Right of Way -- — Right of Wa} a T o d � 5 O. 4F g = A 0 in r. • ' N CD C vac � ioa c O � £ ai CCD 5 3 c' y t n O O 0 N o N � -- Right of Way -- — Right of Wa} a T o a � 3 4F g = � rt 0 in r. • ' C vac � ioa c t £ ai 3 4F g = � rt a � y in r. • ' vac � ioa c £ ai w c' ii 0 0 �� c� o' �n m �. 0 \ V' 0� .4 \ \ Nc b� e .�i E m X T2 W r � m�z DD��< s:aut O p o Z y 1� 1 cn ( .0 o �� //�� -j /) I°' s^ tq mZ / (C T 7 n ®4ss da '�IbY3 ppgg y \ \ I N I D D mN <C }a N /1 �55 s €§ P S rn�m [ZN� D p O/1 � 1N y y A � pO ? tw f m � a A �" 1S 1N3W3IO - m -o ti o 9 \ � y < b R � 300 C1150 ma .�i E m X T2 W g j y Eif n D L, i?iii m " a r o Dye < z z m a C3 1 m —imp 66ahz�� r � m�z DD��< s:aut O p o Z y 1� 1 cn .0 o �� //�� -j /) I°' s^ tq mZ / (C T 7 n ®4ss da '�IbY3 ppgg y \ \ I N I D D mN <C }a N /1 �55 s €§ P S rn�m [ZN� D p O/1 pO ? tw f m � a A �" - m —off z g j y Eif n D L, i?iii m " a r o Dye < z z m a C3 1 m —imp 66ahz�� m gaxsn: y s:aut 0 0® 0 °d I°' s^ tq � � � d 7 n ®4ss da '�IbY3 ppgg Z eat I 9 }a N �55 s €§ P S g j y Eif n D L, i?iii m " a r o Dye < z z m a C3 1 m —imp 66ahz�� 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) z 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 Comer 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 °1211 "W, along said West Line, 363.94 feet; Thence N64 012'45 "E, to a Point on the West Line of Lot A of Yeggy's First Addition, in accordance with the Plat thereof Recorded in Plat Book 6, at Page 49, of the Records of the Johnson County Recorder's Office; Thence S00 041'26 "E, along said West Line of Lot A, a distance of 31.52 feet, to the Southwest Corner thereof and a Point on the North Line of Lot Y of said Yeggy's First Addition; Thence S65 °38'32 "W, along said North Line, 17.33 feet, to the Northwest Corner of said Lot Y, and a point on the East Line of St. Clement Street; Thence S01 °1211 "E, along said East Line, 190.49 feet, to the Point of Beginning. Said Right -of -Way Vacation Parcel contains 9,446 square feet (0.22 Acre) and is subject to easements and restrictions of record. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed . SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 201 '. Ordinance No. Page 2 MAYOR: Matthew Hayek ATTEST: CITY CLERK Ap rove Attorney Represen the City Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration Vote for passage: Mims. Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the 12/18/2012 Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, NAYS: None. ABSENT: None. Second Consideration 1/8/2013 Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Date published 02 -19 -13 10 Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 -356 -5030 ORDINANCE NO. 13 -4517 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 Ili. 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 19th day of February 2013. Ordinance No. 13 -4517 Page 2 ATTEST: CITY LERK Ap roved by l t,"�7 City Attorney's Office Ordinance No. 13 -4517 Page 3 It was moved by Champion and seconded by Pa Ordinance as read be adopted, and upon roll call there were: I_ ANW11 x x _ x x x x x 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 Vote forpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns. NAYS: None. ABSENT: None. Date published 2/28/201 r —:. �-4 CITY OF IOWA CITY 11 MEMORANDUM Date: February 4, 2013 To: Tom Markus, City Ma ager From: Douglas Boothroy, Director Re: Requiring residential trash, yard front yard or screened from publ and and recycling containers to be located out of the The City Council at its February 19, 2013, meeting will be giving first consideration to an ordinance that amends the housing code and the solid waste ordinance to require storage of residential solid waste, yard waste, and recycling containers to be located behind the front building line of a residential structure(out of the front yard) or screened from public view. ISSUE: The near downtown neighborhoods have complained that rental properties that use the City's 65 gallon capacity roll -out trash carts often store these carts in the yard area between the residential structure and the street (i.e., front yard). The storage of trash containers in front yards creates a nuisance and has a negative visual impact on surrounding properties and the neighborhood. Roll- out trash containers located in the front yard are unnecessary clutter, often over flowing and provide an attractive nuisance for pests and /or scavengers that scatter the trash. Properties with trash containers stored in the front yard appear poorly maintained and degrade the livability of a neighborhood. Current regulations do require trash and recycling containers to be removed from the street curb on the same day trash collection is made but only require containers to be returned to a location "reasonably near" the side or back of a building (i.e., containers may be stored in the front yard). The "reasonably near" standard cannot be enforced to remove trash containers out of front yards. A code amendment is necessary to address the concerns of the neighborhood. Therefore, staff proposes amending the housing code and solid waste ordinances to eliminate the "reasonably near" standard and require all solid waste, yard waste, and recycling containers to be located behind the front building line of a residential structure. If, as solely determined by the city, a container cannot be practically located anywhere but between the residential structure and the street right -of -way, then; the City may approve a location in the front yard provided it is screened to prevent visibility from the street right -of -way and neighboring properties. Screening design and materials would be approved by the City. RECOMMENDATION: Keeping neighborhoods clean and attractive is important to the health of our neighborhoods and that begins in the front yard. Requiring trash containers to be located behind the front of buildings or screened will help neighborhood appearance, reduce trash issues, and support neighborhood stabilization(priority of the Strategic Plan). Therefore, I am recommending Council approve the ordinance requiring trash, yard waste, and recycling containers to be located out of the front yard or screened from public view. DB /ats/4070731 Prepared by: Doug Boothroy, Director HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5121 ORDINANCE NO. ORDINANCE AMENDING TITLE 16, ENTITLED "PUBLIC WORKS," CHAPTER 3, ENTITLED "CITY UTILITIES," AND TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 5, ENTITLED, "HOUSING CODE," TO REQUIRE THAT WASTE CONTAINERS BE STORED BEHIND THE BUILDING LINE OF RESIDENTIAL STRUCTURES. WHEREAS, the City Council finds that solid waste, yard waste, and recycling containers create a visual impact on surrounding properties; and WHEREAS, the City Council finds that solid waste, yard waste, and recycling containers stored in front of residential structures have been an ongoing problem with certain neighborhoods; and WHEREAS, the City Council finds it necessary to require all solid waste, yard waste, and recycling containing be stored behind the front building line or potentially screened from public view; and WHEREAS, it is in the best interest of the City to adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 16, entitled "Public Works," Chapter 5, entitled "City Utilities," Article H, entitled, "Solid Waste," Section 9, entitled, "Collection and Disposal of Solid Waste," Subsection D is hereby amended by deleting the last sentence and substituting in lieu thereof the following new sentence: Containers shall be removed from the curb on the same day collection is made and returned to the location required by Section 17 -5 -19W of this code. 2. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by deleting Subsection W and inserting the following in lieu thereof: Waste Containers: Every owner of a dwelling or rental structure shall supply adequate solid waste containers for the disposal of solid waste which are approved by the inspector and /or are in compliance with the Iowa City solid waste ordinance. All solid waste, yard waste, and recycling containers shall be located behind all front building lines /walls of a residential structure. If, as solely determined by the City, a container cannot practically be located anywhere but between the residential structure and street right -of -way, then the City may approve a location provided it is screened to prevent visibility from the street right right -of -way and neighboring residential property. Screening design and material shall be approved by the City. 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 , 2013. MAYOR ATTEST: CITY CLERK Approved by e c3) - (4, City Attorney's Office Prepared by: Doug Boothroy, Director HIS, 410 E. Washington St., Iowa City, IAA2240 (319) 356 -5121 ORDINANCE NO. ORDINANCE AMENDING TITLE 16, ENTITLED "PUBLIC ORKS," CHAPTER 3, ENTITL "CITY UTILITIES," AND TITLE 17, EN T LED "BUILDING AND HOUSING,' CHAPTER 5, ENTITLED, "HOUSING C E," TO REQUIRE THAT WASTE CON INERS BE STORED BEHIND THE BUI ING LINE OF RESIDENTIAL STRUCTURES. WHEREAS, the City C ncil finds that solid waste, ya waste, and recycling containers create a visual impact on surrounding operties; and WHEREAS, the City Counc finds that solid waste, y waste, and recycling containers stored in front of residential structures hav een an ongoing pro em with certain neighborhoods; and WHEREAS, the City Council fin s it necessary to r quire all solid waste, yard waste, and recycling containing be stored behind the front uilding line or tentially screened from public view; and WHEREAS, it is in the best interes of the City t adopt these amendments. NOW, THEREFORE, BE IT ORDAI D BY T E CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 16, entitled "Public Works," h ter 3, entitled "City Utilities," Article H, entitled, "Solid Waste," Section 9, entitled, "Collection and D posal of Solid Waste," Subsection D is hereby amended by deleting the last sentence and substituting i i thereof the following new sentence: Containers shall be removed from the urb on the same day collection is made and returned to the location required by Section 17 -5 -19W of is co . 2. Title 17, entitled "Building and H sing," C pter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Mai tenance and Occupancy of Premises," is hereby amended by deleting Subsection W acid inserting the ollowing in lieu thereof: Waste Containers: Every owner a dwelling or re tal structure shall supply adequate solid waste containers for the disposal of scffid waste which are pproved by the inspector and /or are in compliance with the Iowa City olid waste ordinance. II solid waste, yard waste, and recycling containers shall be located ohind the front building fin of a residential structure. If, as solely determined by the City, a c ntainer cannot practically b located anywhere but between the residential structure and reet right -of -way, then the City ay approve a location provided it is screened to prevent visi lity from the street right right -of- y and neighboring residential property. Screening design and Oaterial shall be approved by the Cit SECTION II. REPE6LER. All ordinances and parts of ordin ces in conflict with the provision of this Ordinance are hereby r ealed. SECTION III. SEV RABILITY. If any section, provision or part f the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the va ity of the Ordinance as a whole or any section, provisions or part thereof not adjudged invalid or unconstituti al. SECTION IV. .AFFECTIVE DATE. This Ordinance shall be in effe after its final passage, approval and publication, a�provided by law. Passed and app oved this day of 2013 MAYOR / I ATTEST:/ CITY CLERK Approved by City Attorney's Office Marian Karr From: NorthsideNA < northsideneighborhoodic @g mail. com> Sent: Monday, February 18, 2013 10:09 PM To: Council Cc: Doug Boothroy Subject: Solid Waste Container Storage (Item #11 on 2 -19 -13 meeting agenda) Attachments: NNA letter solid waste container storage -1.pdf Please distribute the attached letter from the Northside Neighborhood Association to all members of the City Council for their meeting on February 19, 2013. The letter pertains to agenda item #11, residential solid waste container storage. Thank you very much. Sarah Clark, Recorder Northside Neighborhood Association (509 Brown Street) February 18, 2013 City Council (all members) City of Iowa City 410 E. Washington St Iowa City, IA 52240 RE: Support proposed changes related to Residential Solid Waste Container Storage Honorable Council members: The Northside Neighborhood Association supports the intent of the ordinance amendments that appear as Item #11 on your February 19, 2013 meeting agenda. Since we have not had an opportunity to discuss with Mr. Boothroy the ordinance modification prior to its inclusion in your Council packet, we would like to review with him the precise language. The proposed changes are the result of a meeting between the neighborhood and City staff last April, where neighbors expressed frustration with the practice by some residents of habitually storing garbage containers (often full to overflowing) next to front porches and sidewalks. The garbage containers remain on full view to the neighborhood throughout the week, not just on trash pick -up day. The staff memo included in your packet summarizes our frustrations with this situation, and we do not believe the proposed changes will prove onerous to any resident or property owner. While the intent of the proposed changes before you are a good first step, we encourage the City's Housing and Inspection Services department to develop additional language which would bring trash dumpsters located at multi - family units into compliance with current site development standards (e.g., screened by an opaque fence or wall). With sufficient notice (possibly one year), there should be no reason, financial or otherwise, preventing property owners from screening dumpsters from general street or neighborhood view. Openly displayed dumpsters are, at best, unsightly, and can encourage rogue behavior, such as the dumping of mattresses (see photos on next page). Placing dumpsters within an enclosure will also prevent the constant blowing of litter from the dumpsters onto surrounding areas. Our Association will be happy to work with City staff to flesh out this additional proposal, and to make sure that it works for everyone. Sincerely, Mike Wright, Coordinator Sarah Clark, Recorder 225 N. Lucas Street 509 Brown Street cc: Doug Boothroy, Housing & Inspection Services Letter to City Council - page 2 February 18, 2013 Taken 2/18/13: Looking toward Dodge Street from Lucas (up until the morning this photo was taken, the two mattresses had spent several weeks on the ground next to the dumpster) Marian Karr From: dennis kowalski <mayflyd @yahoo.com> Sent: Monday, February 18, 2013 12:50 PM To: Council Subject: garbage Dear Council, I under stand that the council is considering banning garbage containers from in front of a houses property line. I think the problem, if it is such is more subtle than this solution. The benefits of city living even in a small one such as Iowa City is a bit of leeway, variety, signs of life and non conformity. Typical of many subdivisions are standardized mail boxes, including the color of the post holding up the box, the height and color of fences, the design of patios, not being able to hang laundry anywhere, no cars on the driveway, or streets and self appointed squads roaming the streets looking for various infractions. I can see the desire to limit the so called and stereo typical white trash look with old pickup trucks, pit bulls and poor up keep, but I think Iowa City is anal enough without garbage container police. Additionally, although theoretically a good idea, the idea of dumping low income housing into more affluent neighborhoods, often makes it difficult for someone next door to sell their property, which is not the owners fault and is also unfair to these owners. Again more sublety is needed, as this kind of action on its face, contradicts the concern for garbage containers. In fact, prior to learning of the councils consideration of the garbage can menace, I never noticed that a few of my neighbors violate this proposal. Horrors! Sincerely, Dennis Kowalski 1932 Hafor Dr Iowa City, IA 52246