HomeMy WebLinkAbout2013-05-14 OrdinancePrepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ13- 00003)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 2 ACRES FROM COUNTY
RESIDENTIAL (R) AND APPROXIMATELY 2.83 ACRES FROM LOW - DENSITY SINGLE - FAMILY
RESIDENTIAL (RS-5) TO LOW - DENSITY MULTI - FAMILY RESIDENTIAL (RM -12) LOCATED EAST OF
SCOTT BOULEVARD AND NORTH OF MUSCATINE AVENUE AND AMERICAN LEGION
ROAD.(REZ13 -00002 & REZ13- 00003)
WHEREAS, the applicant, Allen Homes, has requested annexation and rezoning of approximately 2
acres located near the northeast corner of Scott Boulevard and American Legion Road from County
Residential (R) to Low - Density Multi - Family (RM -12); and
WHEREAS, the applicant, Allen Homes, has also requested a rezoning of approximately 2.38 acres
located at 3410 Muscatine Avenue from Low - Density Single - Family Residential (RS -5) to Low - Density Multi -
Family Residential (RM -12); and
WHEREAS, American Legion Road is a rural road without sidewalks, curb, gutters or storm sewers,
which inhibits the ability of said road to serve future development on the subject property and the ability of
residents to walk or bike outside the immediate area; and
WHEREAS, the Southeast District Plan future land -use map depicts the subject area as appropriate for
low- to medium - density multi - family residential development; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for a
street improvements and sidewalks along the property's frontage with Scott Boulevard and American Legion
Road;and
WHEREAS, Iowa Code §414.5 (2013) 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. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, the property described below is hereby reclassified from its current zoning designation of County
Residential (R) to Low - Density Multi - Family (RM -12):
LEGAL DESCRIPTION
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth
Principal Meridian, Johnson County. Iowa, Thence S89 °26'36 "E, along the South Line of the Southwest
Quarter of the Northwest Quarter of said Section 18, a distance of 300.19 feet, to the Point of Beginning;
Thence N01 030'10 "W, 510.03 feet, to a Point on the South Line of Parcel 1, of the Ralston Creek Property
Acquisition, in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the
Johnson County Recorder's Office; Thence S89 027'12 "E, along said South Line, 180.08 feet; Thence
S00 °33'24 "W, 509.73 feet, to a Point on the South Line of said Southwest Quarter of the Northwest Quarter;
Thence N89 °26'36 "W, along said South Line, 161.75 feet, to the Point of Beginning.
SECTION II APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, the property described below is hereby reclassified from its current zoning designation of Low - Density
Single - Family Residential (RS -5) to Low - Density Multi - Family Residential (RM -12):
Ordinance No.
Page 2
LEGAL DESCRIPTION
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth
Principal Meridian, Iowa City, Johnson County. Iowa, Thence S89 026'36 "E, along the South Line of the
Southwest Quarter of the Northwest Quarter of said Section 18, a distance of 50.03 feet, to the Point of
Beginning; Thence N01 030'10 "W, along the Easterly Right -of -Way Line of Scott Boulevard, a distance of
207.76 feet; Thence Northeasterly, 304.63 feet, along said Easterly Right -of -Way Line, on a 1095.92 foot
radius curve, concave Southeasterly, whose 303.65 foot chord bears N06 027'37 "E, to its intersection with the
South Line of Parcel 1, of the "Ralston Creek Property Acquisition, in accordance with the Plat thereof
Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's Office ; Thence
S89 027'12 "E, along said South Line, 208.07 feet; Thence S01 030'10 "E, 510.03 feet, to a Point on the South
Line of said Southwest Quarter of the Northwest Quarter; Thence N89 026'36 "W, along said South Line,
250.16 feet, to the Point of Beginning.
SECTION III. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION IV. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION V. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION VI. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are. hereby repealed.
SECTION VII. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VIII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of '2013.
MAYOR
ATTEST:
CITY CLERK
Prepared by: Andrew Bassman, PCD, 410 E. Washington, Iowa City, IA 52240, 356 -5251 (REZ13- 00002 /REZ13- 00003)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), and Sally Hall and Hieronymus Family Partnership LLP (hereinafter
collectively "Owners ").
WHEREAS, Owners are the legal title holders of approximately 4.83 acres of property
located at the northeast corner of Scott Boulevard and American Legion Road; and
WHEREAS, the Owners have requested the rezoning of said property from Low - Density
Single - Family Residential (RS -5) and County Residential (R) to Low - Density Multi - Family
Residential (RM -12) zone; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding improvements to American Legion Road and installation of a temporary
sidewalk along the property's frontage with said road until these improvements are complete,
installation of sidewalk along the property's frontage with Scott Boulevard, dedication of a
public right -of -way within the subject property, and design review to ensure compatibility of
multi - family development, the requested zoning is consistent with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owners 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 infrastructure improvements, traffic safety and neighborhood
compatibility; and
WHEREAS, the Owners 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. Sally Hall is the legal title holder of the property legally described as follows:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range
5 West, of the Fifth Principal Meridian, Iowa City, Johnson County. Iowa, Thence
S89 °26'36 "E, along the South Line of the Southwest Quarter of the Northwest
Quarter of said Section 18, a distance of 50.03 feet, to the Point of Beginning;
Thence N01 °30'10 "W, along the Easterly Right -of -Way Line of Scott Boulevard, a
distance 'of 207.76 feet; Thence Northeasterly, 304.63 feet, along said Easterly
Right -of -Way Line, on a 1095.92 foot radius curve, concave Southeasterly, whose
303.65 foot chord bears N06 027'37 "E, to its intersection with the South Line of
Parcel 1, of the Ralston Creek Property Acquisition, in accordance with the Plat
thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson
County Recorder's Office; Thence S89 °27'12 "E, along said South Line, 208.07 feet;
Thence S01 030'10 "E, 510.03 feet, to a Point on the South Line of said Southwest
ppdadm/agt/rez13 -00002 rez13 -00002 cza draft (2).doc
Quarter of the Northwest Quarter; Thence N89 °26'36 "W, along said South Line,
250.16 feet, to the Point of Beginning.
2. Hieronymus Family Partnership LLP is the legal title holder of the property legally
described as follows:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range
5 West, of the Fifth Principal Meridian, Johnson County. Iowa, Thence
S89 °26'36 "E, along the South Line of the Southwest Quarter of the Northwest
Quarter of said Section 18, a distance of 300.19 feet, to the Point of Beginning;
Thence N01 °30'10 "W, 510.03 feet, to a Point on the South Line of Parcel 1, of the
Ralston Creek Property Acquisition, in accordance with the Plat thereof Recorded
in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's
Office; Thence S89 °27'12 "E, along said South Line, 180.08 feet; Thence
S00 033'24 "W, 509.73 feet, to a Point on the South Line of said Southwest Quarter
of the Northwest Quarter; Thence N89 026'36 "W, along said South Line, 161.75 feet,
to the Point of Beginning.
3. The Owners acknowledge that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Southeast district plan. Further, the parties
acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may
impose reasonable conditions on granting a 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, Owners agree that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. Prior to receiving a building permit for development on the subject property,
owners shall pay $36,653 to cover 12.5% of the cost of improving American Legion
Road frontage adjacent to the subject properties to City street standards, or
provide a letter of credit for the same; and
b. Prior to receiving an occupancy permit for a building on the subject property,
owners shall install an 8 -foot wide sidewalk (the City will pay for 3 feet of the
required 8 -foot width) along the property's frontage with Scott Boulevard; and
c. Prior to receiving an occupancy permit for a building on the subject property,
owners shall install a 5 -foot wide temporary sidewalk according to plans and
specifications approved by the City Engineer along the property's frontage with
American Legion Road unless a permanent sidewalk has already been installed;
and
d. Prior to issuance of a building permit the owners shall dedicate and construct a 60-
foot wide street along the eastern property line of the property to be annexed
described in Paragraph 2 above; and
e. Prior to issuance of a building permit the applicant shall dedicate the street right -of-
way necessary for the improvement of Scott Boulevard and American Legion Road
as illustrated on the attached exhibits; and
f. The development plan for the subject properties shall be reviewed and approved
by the Design Review Committee prior to issuance of a building permit.
5. The Owners and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2013), and that said
ppdadm 1agt/rez13 -00002 rez13 -00002 cza draft (2).doc 2
conditions satisfy public needs that are caused by the requested zoning change.
6. The Owners 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 running 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.
8. The Owners and Applicant acknowledge that nothing in this Conditional Zoning
Agreement shall be construed to relieve the Owners or Applicant from complying with all
other applicable local, state, and federal regulations.
9. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this day of )2013.
CITY OF IOWA CITY Sally Hall, Owner
Matthew J. Hayek, Mayor By:
Attest:
Marian K. Karr, City Clerk
Approved by:
ity Attorney's Office
ppdadm /agUrezl3 -00002 rezl3 -00002 cza draft (2).doc 3
Hieronymus Family Partnership, LLP, Owner
in
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 2013 by Matthew J
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
INDIVIDUAL ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 20 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared
, to me known to be the identical persons named in and who executed
the within and foregoing instrument, and acknowledged that (he /she /they) executed the same as
(his /her /their) voluntary act and deed.
Notary Public in and for the State of Iowa
My commission expires:
PARTNERSHIP ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 20_, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared , to me personally
known, who being by me duly sworn, did say that the person is one of the partners of
, an Iowa General /Limited Partnership, and that the instrument was
signed on behalf of the partnership by authority of the partners; and the partner acknowledged the
execution of the instrument to be the voluntary act and deed of the partnership by it, and by the
partner voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
ppdadm /agt1rez13 -00002 rez13 -00002 cza draft (2).doc 4
0
mZa:Z
_ 4 f-
L90
XW�Z
W =z 0
"fZOI
z0 T
_z0
ZF.O�
aw
N aU)
2U
0
w
Z
Oa
J O ¢
Qa
�¢w
z z
J co ?�
O a°)—
LU
w i ;
w M
z w �d
2 v7 N
� C7 F-
¢aw¢
m
z J
w0
J =
W
¢
a c> 3
Q 2 O O
U A
Z 04
w�a
A
U O O U
J W m ¢
(L
¢ ¢ a 0
UW
?w
m Z U) N
W F¢-Of<
Of J W ¢
IL ri)
wz0�
d c) Uj U
H U <
(L O
O
z
°
V1 LLo�z mvi v�
W zzr m niF
881.nz flz 171 Ing
Op3W a liu{oo °z<
Z
RR.,
Ywn' 0 113 019. ww
., l .ZZrcj
$a8rS °1'5���
Z I I I I 1 1 1 1 1
1
Q I Wes'
I ci
I I Z
Q
W
V I I q
W 1 =
J
w z O w N
N
U
o �
�o
WJ OI CwM _TN o+' yam' yL O W`0 O
Oa 1�O y000 0u LL °w
U O d w
�z toywo, '.0-
a s 0,°° W
p 3T�yL zJMO W.L.. x cy
O+
V w
N 0. w 30; O
W r Q O 1
05 � `�- L J CO W 5 O,w '• O
N v • O O = U O d Z O C T` L ^
M d o0
W io w b � w a
o o C Ty c o m M zn
N ° o •3 a0 0 W Om � V U
3 Z m L d p W Oy
N N
I O Q C o U
0
0. U O W °
Vl U •3 ♦+ N O y C
N Q
p F-Z Ua O W"Opy V °HO W J CC
,_ LL V
Z �z0 «`°' C 0 `om N 0
p 1� SV O •o+y .% j +' 0_ w W W 3 0 rn
_ m w W 0 W U L
C
OU F^Q 3000 Nm(n "° -'U;I ma���✓Oi co
r-, d L O E,0 V
N =° «N ut O, OlMO UCVrV)Ou
Z WV)m iLCO CC OlaN C'OO:NO 2O''�
d O� N 01 W r 0 0 T T O Z 2 O C o 3 O C
U G] C 01 O L O p N e0 0 0 0 V) o
c ;ww3�w W Wl0
V) Oz c�°20 owm 4°i v�pOCM ��
o Fza v wOa°�rnaSooN�10.�v
J K O O E w ,.W� Y L V ,� O W L N C E
aww 000°3 Q14'`0 OS �.WCO c 000
a V) m UZUO•r2FRz. -u, Jlnzmv
_ lit
ES �
00 ��
a
3
d �
� sw
1
�g I
I
I
Ld I �Y
� 1
{
Q
l No
� o
m �
1
1
1
I .
1.
1
� I 1
I
iVgl '
S01 3010 E
a
A U r
oz,LL�<
0
zomjjda
SSZ
O ppy
UOjO
Nm
o
Iz 11
I ;
510.03'
r
190
Wtl 9f :fZ :6 CLOZ /If /l 6MP'1Zf90969L
Z W C '
\-
M- 969L
\969L
\ :0
O N
N N N C
I—. N Q
u./) LU CL: g
(3
w Z
c)
Q
0
O
O
.-
n
207.76' 00013010
LL 0-) z
N
O
dS
��
CO m
3
CD
Z
O LL O 00 U f—
�g O a
I
r
s
LL
u
Q
df
7S
O
m c
nUv
z
Z�r.(L
� 0
ZO
E
F—
U:)
- 2 CU
Om
0
-4¢2¢0N O U��0
W
IL LU m
Qt
S
�U
WJ OI CwM _TN o+' yam' yL O W`0 O
Oa 1�O y000 0u LL °w
U O d w
�z toywo, '.0-
a s 0,°° W
p 3T�yL zJMO W.L.. x cy
O+
V w
N 0. w 30; O
W r Q O 1
05 � `�- L J CO W 5 O,w '• O
N v • O O = U O d Z O C T` L ^
M d o0
W io w b � w a
o o C Ty c o m M zn
N ° o •3 a0 0 W Om � V U
3 Z m L d p W Oy
N N
I O Q C o U
0
0. U O W °
Vl U •3 ♦+ N O y C
N Q
p F-Z Ua O W"Opy V °HO W J CC
,_ LL V
Z �z0 «`°' C 0 `om N 0
p 1� SV O •o+y .% j +' 0_ w W W 3 0 rn
_ m w W 0 W U L
C
OU F^Q 3000 Nm(n "° -'U;I ma���✓Oi co
r-, d L O E,0 V
N =° «N ut O, OlMO UCVrV)Ou
Z WV)m iLCO CC OlaN C'OO:NO 2O''�
d O� N 01 W r 0 0 T T O Z 2 O C o 3 O C
U G] C 01 O L O p N e0 0 0 0 V) o
c ;ww3�w W Wl0
V) Oz c�°20 owm 4°i v�pOCM ��
o Fza v wOa°�rnaSooN�10.�v
J K O O E w ,.W� Y L V ,� O W L N C E
aww 000°3 Q14'`0 OS �.WCO c 000
a V) m UZUO•r2FRz. -u, Jlnzmv
_ lit
ES �
00 ��
a
3
d �
� sw
1
�g I
I
I
Ld I �Y
� 1
{
Q
l No
� o
m �
1
1
1
I .
1.
1
� I 1
I
iVgl '
S01 3010 E
a
A U r
oz,LL�<
0
zomjjda
SSZ
O ppy
UOjO
Nm
o
Iz 11
I ;
510.03'
r
o
N '.
`moo
Z W C '
00�
M
I—. N Q
u./) LU CL: g
M M II
LL '•7
.-
207.76' 00013010
SCOTT BOULEWQG D S
K Za <O Z
t�Sz' O ><
I
U - 1-
1- r Q J,, a
€ zF
¢ F - Y
Z O 2O D-
0
sd,
� ® Y
P
'371d=U' 9•M30i 9- M I LWM NOR4V' all 49
5dsog7 d au d9 04 2WJ I u VON ltl'N N
AIM .03M3J1 1V-W 3u NWM '2"C1177Y !J
Ic�
w
z
I
L
I 1
1 1 js
I I
I
� I P VO
I
it OO
I 1
N I , � ,
I I I
45.0• I I 15
I op i oCy
I I �
1 I I I�pQppp S
;0 I I l=l K c
N llj � ILJ V �1-
I
3Q I I IVU� Td
LQ_ F
r� I ��e_
�z�
Q I I
45.0• I j
I 1
I1 �________
I
1000 ----
w
K\ � !.
0 N a X Q
I rc�m�U<
< wo
0 FC,
r p�o
I N V O
I � uwi m
� ss�
mZa0
x�Z
W �^
Ua��
°° zZ—
zz0
z O (n
O 0 Z
aW
0
n
a
J
a_
x
w
W
r
az
Z
Lu
Q N
lai Z W)
g U }}¢
} U)
W O U
Q
3: W N
0 C")
W
} W M
Lu Z Of
LAO
¢a LL' a
Z - m
Q W U _
J j Q
CLXw
Q m O O
CJ
Z N
Lu <
Q=x
V
00
Zm
ul
CL -j
aaa�
U W
? W
F- In
W I- a'
Q :D m Q
oa
W U
Z
¢a
w
�u
w
O
Z O
w N
r�N_
I o In
�w
O Q
r a�
dx�
r
r�0
z W'z4
oF:
I N % p
Oz wZ3NW
ir-" U
o
C-) �w
O_o
Fza
a dacFiL
W
J ¢Vli
L
O 0,� �Y� «; '-
e't
ISO
M LZ:6L :6 £IOZ /L£ /L 6- P'Z£90969L
w
\-
£90- 96SL
\96SL\
W O U N O N N C
� U pr Ol 0 6 0 0 U1 u
C)
c o ~ a
`my
= 1 Z
- OOp
°
Z
°o
F
� z x w¢n c
Uw `.9
O
In � .- V c •�N, fO/1 y °O 0 0
Z
HLL0) Z
LL 0 0 Z
N
M
0 cv'o
Ali
m
-
o
m3
m a n horn y
0'5oC� 0. r.s
We
0't . O I-
—0D
Z�. o0. 0
v s c w
LL
011 °i� C ° « N C)
K O
W
S
C5 c
s`
OW O �Ow 0J °Z
O
. U
.-
•r•1° cV- o °N c0
N N 0 3
rn Q d o N z cc d 0
CO rm0
.0
z m� E
(/)
lo — E
0 0 3° O 0 U
E°�wc�o�rn�"�.9
c
m
ZOF- O z
�- l
o
Of
4m
p
5
� �
3
r
d
O0m
gg
0f W
Q(1)U)W
mZa0
x�Z
W �^
Ua��
°° zZ—
zz0
z O (n
O 0 Z
aW
0
n
a
J
a_
x
w
W
r
az
Z
Lu
Q N
lai Z W)
g U }}¢
} U)
W O U
Q
3: W N
0 C")
W
} W M
Lu Z Of
LAO
¢a LL' a
Z - m
Q W U _
J j Q
CLXw
Q m O O
CJ
Z N
Lu <
Q=x
V
00
Zm
ul
CL -j
aaa�
U W
? W
F- In
W I- a'
Q :D m Q
oa
W U
Z
¢a
w
�u
w
O
Z O
w N
r�N_
I o In
�w
O Q
r a�
dx�
r
r�0
z W'z4
oF:
I N % p
Oz wZ3NW
ir-" U
o
C-) �w
O_o
Fza
a dacFiL
W
J ¢Vli
L
O 0,� �Y� «; '-
e't
z
"0 d
w
z d
a�oo Qay11 dvi
Q
� U pr Ol 0 6 0 0 U1 u
C)
c o ~ a
`my
(n
~can €3 °d
o
o]' o O m N « g"
O
N 0 L Ju
'J 75
5
F
O L Q O N a 0 b :5 C'E
O
In � .- V c •�N, fO/1 y °O 0 0
Z
0g
0 cv'o
c aLa)O o ulrtn o+a C
Q
0'5oC� 0. r.s
We
Z�. o0. 0
v s c w
Z
011 °i� C ° « N C)
K O
W
_O
I—
3.L-.o.-r dam aiJ'ON,N4a,
U
OW O �Ow 0J °Z
O
w �«°0cE
•r•1° cV- o °N c0
N N 0 3
rn Q d o N z cc d 0
CO rm0
.0
J 0 y 0 0
0 0 3° O 0 U
E°�wc�o�rn�"�.9
c
D o t o 'O O u s O 5'5 j 1�
U a'r Z IL tn°.. 00- 0 aw
M 4Z ££ 005
CN'^
M:Z L j
pow s
�. W 0-
LJ�
K Is
RV
8WLu
^ J
w
a0
£l sos
a
N U .-
�I SIN �j
aa�a
z �NZ'
a
W - W r9
U ZF-K V1
O -y
Uo�S
N h m
0
z
I
I
W
Z
N d
10�0 O
I
diP
I
I �O
I P
0 I p
I �
I
I
I
I
n� qq 1
,
F I` Q QQa , 1 N013010 W
bc
I ( I 10 O
I�
0
z
2 W K
80i pa
�ZO' mN
W W Z Z F
d'zI.UW�W �IZ
UmNj I -Idlli
0 � <Nga_%
tg
Z=�z3ZM ao
0 0, o
o u
Z¢OZ�TZrUU`
Op IyOXWWw
V6V- 6'UJWK3�
Z III II I II-z
o
us
Q 3
Q I I
I
W '
(1J I j
W
J
OK
N I v0 n %
a �Z 1p. "PJ ' O /plCi/J s()� 1w I °al �'
!d �S �O 7 W +a, I 1
� O a m
Z
Is
33.0' 46.0' , I
W �_8 . I
-- — — NOl730'10•W 8
— 2631.68'
��3a I I " gara
o°=Wn� nL �lJ�i I I rc�m�Wa
o OaY 0
VS I I °
Fw S 0"1\
N Up Y
N Om 371Jd'J S,Nd0?lOTdM AJN'IYJ N09Ni�1` au 3'1 I I Lw W S
00 90697U au 0 04 9?Yd 1V 44 I'vm ly N CZl 1 I I x � m
Qd9897M 1'MaU IY-W 341 W-UM -J"C ZIN
P
lee"-
Prepared by: Andrew Bassman, PCD, 410 E. Washington, Iowa City, IA 52240,356-5251 (REZ13- 00002 /REZ13- 00003)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), and Sally Hall and Hieronymus Family Partnership LLP (hereinafter
collectively "Owners ").
WHEREAS, Ow rs are the legal title holders of approximately 4.83 acres of property
located at the northeastgorner of Scott Boulevard and American Legion Rood; and
WHEREAS, the O ners have requested the rezoning of said prop Arty from Low - Density
Single- Family Residential S -5) and County Residential (R) to Lo - Density Multi - Family
Residential (RM -12) zone; arV
WHEREAS, the Plannin and Zoning Commission has deter fined that, with appropriate
conditions regarding improveme is to American Legion Road a installation of a temporary
sidewalk along the property's fro age with said road until the improvements are complete,
installation of sidewalk along the roperty's frontage with S ott Boulevard, dedication of a
public right -of -way within the subje t property, and design eview to ensure compatibility of
multi - family development, the request d zoning is consiste with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 2013) provides at the City of Iowa City may impose
reasonable conditions on granting an plicant's rez Wing request, over and above existing
regulations, in order to satisfy public need caused b he requested change; and
WHEREAS, the Owners acknowl dge at certain conditions and restrictions are
reasonable to ensure the development of t e operty is consistent with the Comprehensive
Plan and the need for infrastructure i ovements, traffic safety and neighborhood
compatibility; and
WHEREAS, the Owners agree to develo)6 thle property in accordance with the terms and
conditions of a Conditional Zoning Agree nt. \
NOW, THEREFORE, in consideratio�of the m�itual promises contained herein, the parties
agree as follows: \
1. Sally Hall is the legal title hoper of the property legally described as follows:
Commencing at the We Quarter Corner o Section 18, Township 79 North, Range
5 West, of the Fifth Pri cipal Meridian, low City, Johnson County. Iowa, Thence
S89 026'36 "E, along t South Line of the outhwest Quarter of the Northwest
Quarter of said Secf n 18, a distance of 50. 3 feet, to the Point of Beginning;
Thence N01 °30'10" ,along the Easterly Righ of -Way Line of Scott Boulevard, a
distance of 207.76 feet; Thence Northeasterly, 304.63 feet, along said Easterly
Right -of -Way Line on a 1095.92 foot radius cury concave Southeasterly, whose
303.65 foot cho%alston bears N06 °27'37 "E, to its inter ction with the South Line of
Parcel 1, of the Creek Property Acquisition, 'n accordance with the Plat
thereof Record Ad in Plat Book 19, at Page 84 of th Records of the Johnson
County Recor er's Office; Thence S89 °27'12 "E, along said South Line, 208.07 feet;
Thence S01 °3 '1¢"E, 510.03 feet, to a Point on the South Line of said Southwest
ppdadm 1agthez13 -00002 rez13-00002 cza draft.doc
Quarter of the Northwest Quarter; Thence N89 026'36 "W, along said South Line,
250.16 feet, to the Point of Beginning.
2. Hieronymus Family Partnership LLP is the legal title holder of the property legally
described as follows:
Commencing at the West Zin arter Corner of Section 18, Towns p 79 North, Range
5 West, of the Fifth c ipal Meridian, Johnson Cou Y. Iowa, Thence
S89 °26'36 "E, along the So th Line of the Southwest Quarte of the Northwest
Quarter of said Section 18, distance of 300.19 feet, to the oint of Beginning;
Thence N01 °30'10 "W, 510.03 et, to a Point on the South Li a of Parcel 1, of the
Ralston Creek Property Acqui Mon, in accordance with the lat thereof Recorded
in Plat Book 19, at Page 84 o the Records of the John on County Recorder's
Office; Thence S89 027'12 "E, long said South Line 180.08 feet; Thence
S00 °33'24 "W, 509.73 feet, to a Po nt on the South Line said Southwest Quarter
of the Northwest Quarter; Thence 89 026'36 "W, along id South Line, 161.75 feet,
to the Point of Beginning.
3. The Owners acknowledge that the City Vnes ns a conformance to the principles
of the Comprehensive Plan and the istrict plan. Further, the parties
acknowledge that Iowa Code §414.5 (' es that the City of Iowa City may
impose reasonable conditions on granoning request, over and above the
existing regulations, in order to satisfy pucaused by the requested change.
4. In consideration of the City's rezonibject property, Owners agree that
development of the subject property will all other requirements of the zoning
chapter, as well as the following conditio
a. Prior to receiving a building rermit r owners shall pay fees to cov 12.5% 1
Road frontage adjacent to t subject pr I
b. Prior to receiving an occ pancy permi
owners shall install an foot wide sideN
required 8 -foot width) al ng the property's
c. Prior to receiving an ccupancy permit
owners shall install a -foot wide tempora
with American Le on Road unless a
installed; and
development on the subject property,
the cost of improving American Legion
ierties to City street standards; and
for a building on the subject property,
✓alk (the City will pay for 3 feet of the
rontage with Scott Boulevard; and
Nr a building on the subject property,
sidewalk along the property's frontage
)e manent sidewalk has already been
d. Prior to issuance f a building permit the own rs
foot wide street long the eastern property line
e. Prior to issuan a of a building permit the applic
way necessa for the improvement of Scott Bo
as illustrate on the attached exhibits; and
f. The devel ment plan for the subject propertieE
by the De ign Review Committee prior to issuanc
shall dedicate and construct a 60-
f the property to be annexed; and
nt shall dedicate the street right -of-
levard and American Legion Road
hall be reviewed and approved
of a building permit.
5. The Owners a d City agknowledge that the conditions co tained herein are reasonable
conditions t impose "on the land under Iowa Code § 14.5 (2013), and that said
conditions satisfy public needs that are caused by the reque ted zoning change.
6. The Owners and City acknowledge that in the event the subj6�t property is transferred,
ppdadm /agUrez13 -00002 rez13 -00002 cza draft.doc 2
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- flie land, and shall remain in full force
and effect as a covenant running wjth title to the Ian , unless or until released of record
by the City of Iowa City.
The parties further acknowledge that this agreement #hall inure to the benefit of and bind
all successors, representatives and assigns of the p rties.
8. The Owners and Applicant knowledge thays othing in this Conditional Zoning
Agreement shall be construed to elieve the Own or Applicant from complying with all
other applicable local, state, and deral regulatio
9. The parties agree that this Condi ional Zoni g Agreement shall be incorporated by
reference into the ordinance rezoni the su sect property, and that upon adoption and
publication of the ordinance, this ag eme shall be recorded in the Johnson County
Recorder's Office at the Applicant's ex ens .
Dated this day of
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
-w -/3
ppdadm 1agftz1 3 -00002 rezl3 -00002 cza draft.doc 3
2013.
Sally Hall, Owner
By:
Hieronymus Family Partnership, LLP, Owner
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on
2013 by Matthew J.
Hayek and Marian K. Karr as Mayor and duty Clerk, respectively, of tqe City of Iowa City.
Public in and for the State of Iowa
INDIVIDUAL ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of
Notary Public in and for said County, in said State pe
, to me known to be the i e
the within and foregoing instrument, and acknowle
(his /her /their) voluntary act and deed.
PARTNERSHIP ACKNOWLEDGEM
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of
and for the State of Iowa, pi
known, who being by me
signed on behalf of the
execution of the instrui
partner voluntarily exec
/20 , before me, the undersigned, a
►nally appeared
al persons named in and who executed
that (he /she /they) executed the same as
otary I ublic in and for the State of Iowa
My commission expires:
20 m , the undersigned, a Notary Public in
ors #ally appeared , to me personally
my sworn, did say that the kerson is one of the partners of
an Iowa General /Limited Partn ip, and that the instrument was
ership by authority of the partnernd the partner acknowledged the
to be the voluntary act and deed the partnership by it, and by the
Notary Public in and for
My commission expires:
ppdadm /agt/rez13 -00002 rez13 -00002 cza draft.doc 4
State of Iowa
DEFEATED 5/14/2013
Prepared by: John Yapp, PCD. 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5252 (REZ13- 00009)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 0.38 ACRES LOCATED AT THE NORTHEAST
CORNER OF COLLEGE STREET AND GILBERT STREET FROM PUBLIC (P -1) TO CENTRAL
BUSINESS SUPPORT ZONE (CB -5). (REZ13- 00009)
WHEREAS, the applicants Rockne Cole, Mark McCallum and Jon Fogarty have requested a rezoning
of City -owned property located at the northeast corner of College Street and Gilbert Street from Public (P -1)
to Central Business Support Zone (CB -5); and
WHEREAS, the applicants wish to limit the height and density of future redevelopment on the property
to standards embodied in the CB -5 Zone; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and a
motion to recommend approval of this proposed rezoning was defeated by a vote of 2 -5.
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 P -1 to CB -5:
The East 20 feet of the West 30 feet of Lot 6, in Block 43, in Iowa City, Iowa, according to the
recorded plat thereof. Also commencing at the NE corner of the West 10 feet of the South 70 feet of Lot
6 in Block 43, in Iowa City, Iowa, according to the recorded plat thereof, thence South parallel to the
center line of Gilbert Street, thence west along the North side of College Street 1.05 feet, thence North
0.59 feet, thence East to the West face of a brick wall 0.40 feet, thence North along the West face of this
brick wall 69.41 feet to the North line of the West 10 feet of the South 70 feet of said Lot 6, Block 43,
thence East 0.61 feet to the place of beginning; and
The South 70 feet of Lot 5, in Block 43, and the South 70 feet of the West 10 feet of Lot 6, in Block 43
in Iowa City, Iowa, as per the recorded plat thereof, and being otherwise described as follows, to -wit:
Commencing at the Southwest corner of Lot 5 in Block 43, Iowa city, Iowa, as per the recorded plat
thereof; thence running East 90 feet; thence North 70 feet; thence West 90 feet; thence South on the
West line of Lot 5, Block 43 to the place of beginning, being a part of Lots 5 and 6, Block 43, Iowa City,
Iowa. EXCEPTING: Commencing at the Northeast corner of the West 10 feet of the South 70 feet of Lot
6, Block 43 of the original plat of Iowa City, Iowa, thence South parallel to the center line of Gilbert Street
70 feet to the North Side of College Street, thence West along the North side of College Street 1.05 feet,
thence North 0.59 feet, thence East to the West face of a brick wall 0.40 feet, thence North along the
West face of this brick wall 69.41 feet to the North line of the West 10 feet of the South 70 feet of Lot 6,
Block 43, thence East 0.61 feet to the place of beginning; and
Beginning at the Northwest corner of Lot 5, Block 43 in Iowa City, Iowa, according to the recorded
plat thereof, thence South 40 feet, thence East 70 feet, thence North 40 feet, thence West 70 feet to the
point of beginning; and
Beginning at a point 70 feet North of the Southwest corner of Lot 5, in Block 43, Iowa City, Iowa,
according to the recorded plat thereof, running thence East 90 feet, thence North 80 feet to the alley,
thence West 20 feet, thence South 40 feet, thence West 70 feet, thence South on the west line of said Lot
5, 40 feet to the place of beginning, being parts of Lots 5 and 6 in Block 43, Iowa City, Iowa, according to
the recorded plat thereof.
Said combined parcels contain 16,548 square feet or 0.38 acre, and are subject to easements and
restrictions of record.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at
the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
Ordinance No.
Page 2
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
MAYOR
ATTEST:
CITY CLERK
Approved by
c
City Attorney's Office Wz3( 3
DEFEATED 5/14/2013
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration DEFEATED
Vote for passage: AYES: Payne, Throgmorton. NAYS: Hayek, Mims, Champion, Dickens,
Dobyns. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
71�__
Prepared by: John Yapp, PCD. 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5252 (REZ13- (6 009) L,
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 0.38 ACRES LOCATED AT THE., NORTHEAST
CORNER OF COLLEGE STREET AND GILBERT STREET FROM PUBLIC (P -1�1 ib ; 93 NTRAL
BUSINESS SUPPORT ZONE (CB -5). (REZ13- 00009)
WHEREAS, the applicants Rockne Cole, Mark McCallum and Jon Fogarty have requested a rezoning
of City -owned property located at the northeast corner of College Street and Gilbert Street from Public (P -1)
to Central Business Support Zone (CB -5); and
WHEREAS, the applicants wish to limit the height and density of future redevelopment on the property
to standards embodied in the CB -5 Zone; and
WHEREAS, the Planning nd Zoning Commission has the reviewed th sed rezoning and a
motion to recommend approval f this proposed rezoning was defeated by a vote of 5.
NOW, THEREFORE, BE IT ORD INED BY THE CITY COUNCIL OF THE CITY OF OWA CITY, IOWA:
SECTION I APPROVAL. Pr erty described below is hereby reclassified from its current zoning
designation of P -1 to CB -5:
The East 20 feet of the West 3 feet of Lot 6, in Block 43, in Iowa ity, Iowa, according to the
recorded plat thereof. Also commencin at the NE corner of the West 10 et of the South 70 feet of Lot
6 in Block 43, in Iowa City, Iowa, accor ing to the recorded plat there f, thence South parallel to the
center line of Gilbert Street, thence west Ong the North side of Coll a Street 1.05 feet, thence North
0.59 feet, thence East to the West face of a rick wall 0.40 feet, then North along the West face of this
brick wall 69.41 feet to the North line of the est 10 feet of the uth 70 feet of said Lot 6, Block 43,
thence East 0.61 feet to the place of beginning; nd
The South 70 feet of Lot 5, in Block 43, and the
in Iowa City, Iowa, as per the recorded plat there(
Commencing at the Southwest corner of Lot 5 in
thereof; thence running East 90 feet; thence North
West line of Lot 5, Block 43 to the place of beginnir
Iowa. EXCEPTING: Commencing at the Northeast
6, Block 43 of the original plat of Iowa City, Iowa,
uth 70 f et of the West 10 feet of Lot 6, in Block 43
and ing otherwise described as follows, to -wit:
ck 3, Iowa city, Iowa, as per the recorded plat
0 et; thence West 90 feet; thence South on the
g a part of Lots 5 and 6, Block 43, Iowa City,
rner f the West 10 feet of the South 70 feet of Lot
ce So h parallel to the center line of Gilbert Street
70 feet to the North Side of College Street, then West alon he North side of College Street 1.05 feet,
thence North 0.59 feet, thence East to the W st face of a bric wall 0.40 feet, thence North along the
West face of this brick wall 69.41 feet to the orth line of the We t 10 feet of the South 70 feet of Lot 6,
Block 43, thence East 0.61 feet to the plac of beginning; and
Beginning at the Northwest corner/,6f Lot 5, Block 43 in Iowa Cit Iowa, according to the recorded
plat thereof, thence South 40 feet, th ce East 70 feet, thence North 40 eet, thence West 70 feet to the
point of beginning; and
Beginning at a point 70 fee North of the Southwest corner of Lot 5, in lock 43, Iowa City, Iowa,
according to the recorded pla thereof, running thence East 90 feet, thence rth 80 feet to the alley,
thence West 20 feet, thence outh 40 feet, thence West 70 feet, thence South on e west line of said Lot
5, 40 feet to the place of b inning, being parts of Lots 5 and 6 in Block 43, Iowa C %toeasements , according to
the recorded plat thereof.
Said combined p cels contain 16,548 square feet or 0.38 acre, and are subject and
restrictions of recor .
SECTION II ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of he City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at
the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
Ordinance No.
Page 2
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
..•�
7d
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (VAC13- 00002)
ORDINANCE NO. 13 -4524
ORDINANCE VACATING AIR RIGHTS AND SUBTERRANEAN RIGHTS FOR PORTIONS
OF PUBLIC RIGHT -OF -WAY LOCATED ON GEORGE STREET BETWEEN BENTON
STREET AND OAKCREST STREET. (VAC13- 00002)
WHEREAS, the applicant, Christian Retirement Services ( Oaknoll), is redeveloping the property at the
northwest corner of West Benton Street and George Street for an expansion of Oaknoll retirement campus;
and
WHEREAS, the applicant has requested that the City vacate and convey to the applicant air rights
starting 20 feet above grade for a 30' x 60' section of the George Street right -of -way to allow for construction
of a skywalk to connect the existing Oaknoll campus with the new campus; and
WHERE, the applicant has also requested vacation of subterranean rights for portions of George Street
beneath the proposed skywalk for the purpose of installing footings for the skywalk piers; and
WHEREAS, the skywalk would improve pedestrian circulation for workers and elderly residents at
Oaknoll, who may encounter safety risks when crossing George Street and moving between the existing
buildings and the new building; and
WHEREAS, the skywalk would also afford Oaknoll workers and residents shelter from inclement weather
when crossing George Street; and
WHEREAS, the proposed skywalk would be built at least 20 feet above ground, which would not impede
vehicular or pedestrian street -level circulation; and
WHEREAS, the impact of the proposed skywalk on light, air and open space would be minimal and not
be significantly detrimental to the views of nearby residents and pedestrians, given that the proposed skywa!k
would be built at least 20 feet above grade, and that the landscaping plan for the new campus indicates
substantial amount of trees and green space to be provided between the buildings; and
WHEREAS, to ensure the impact of the proposed skywalk on light, air and open space would be
minimal, the applicant has agreed to staff approval of the design of the skywalk; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of air rights
and subterranean rights and has recommended approval of the application subject to .City staff approval of
the design of the skywalk.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I VACATION. The City of Iowa City hereby vacates air rights and subterranean rights to that
portion of public right -of -way described as follows:
DESCRIPTION
AIR RIGHTS VACATION
That part George Street described as follows:
Commencing as a point of reference at the Southeast corner of Lot 5 of a Subdivision in the Northwest
Quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. (Final Plat recorded in Plat Book
4, Page 315 at the Johnson County Recorder's Office), Iowa City, Johnson County, Iowa;
thence North 1020' West 222.5 feet along the Westerly right -of -way line of George Street (assumed
bearing for this description only) to the point of beginning;
thence continuing North 1 °20' West 30.0 feet along said Westerly right -of -way line;
thence North 88 °40' East 60.0 feet to a point of intersection with the Easterly right -of -way line of said
George Street;
thence South 1 020' East 30.0 feet along said Easterly right -of -way line;
Ordinance No. 13 -4524
Page 2
thence South 88 °40' West 60.0 feet to the point of beginning and containing 1,800 square feet more or
less.
The vacated air rights will begin at a height of 20 feet above the grade of the pavement at the center of the
above description and extend to a height 38 feet above said grade.
DESCRIPTION
SUBTERRAINEAN RIGHTS VACATION
That part George Street described as follows:
Commencing as a point of reference at the Southeast corner of Lot 5 of a Subdivision in the Northwest
Quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. (Final Plat recorded in Plat Book
4, Page 315 at the Johnson County Recorder's Office), Iowa City, Johnson County, Iowa;
thence North 1. 020' West 226.4 feet along the Westerly right -of -way line of George Street (assumed
bearing for this description.only) to the point of beginning;
thence continuing North 1 °20' West 20.0 feet along said Westerly right -of -way line;
thence North 88 040' East 5.25 feet;
thence South 1 °20' East 20.0 feet;
thence South 88 040' West 5.25 feet to the point of beginning and containing 105 square feet more or less.
The vacated subterranean rights will extend from the surface to a depth of 75 feet.
AND that part George Street described as follows:
Commencing as a point of reference at the Southeast corner of Lot 5 of a Subdivision in the Northwest
Quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. (Final Plat recorded in Plat Book
4, Page 315 at the Johnson County Recorder's Office), Iowa City, Johnson County, Iowa;
thence North 1 020' West 226.4 feet along the Westerly right -of -way line of George Street (assumed
bearing for this description only);
thence North 880 40' East 60.00 feet to a point of intersection with the Easterly right -of -way line of said
George Street;
thence North 1 °20' West 2.0 feet along said Easterly right -of -way line to the point of beginning;
thence continuing North 1 °20' West 20.0 feet along said Easterly right -of -way line;
thence South 88 °40' West 4.0 feet;
thence South 1 °20' East 20.0 feet;
thence North 88 040' East 4.0 feet to the point of beginning and containing 80 square feet more or less.
The vacated subterranean rights will extend from the surface to a depth of 75 feet.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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
Ordinance No. 13 -4524
Page 3
publication, as provided by law.
Passed and approved this 14th day of May 2013.
MAYOR
ATTEST: A,. JC L ^
CI CLERK
Approved byy/
City Attorney's Office
Ordinance No. 13 -4524
Page 4
It was moved by Mims and seconded by Champion that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS: ABSENT:
First Consideration 4/9/2013
Vote for passage: AYES:
Hayek. NAYS: None.
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Mims, Payne, Throgmorton, Champion, Dickens, Dobyns,
ABSENT: None.
Second Consideration 4/23/2013
Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek,
Mims. NAYS: None. ABSENT: None.
Date published 5/23/2013
CITY OF IOWA CITY
MEMORANDUM
Date: May 7, 2013
To: Tom Markus, City Manager
From: Jeff Davidson, Director of Planning and Community Development
Re: Clarifying information; Billion Auto wetland buffer reduction
—05-M3
7e
At the April 23 City Council meeting Council approved on a 4 -3 vote the first reading of the
rezoning action for the Billion Auto wetland buffer reduction. At the meeting there were several
statements made which you have asked staff to further clarify.
An adjustment to the lot line between Lot 2 and Outlot B of D. & D. Billion Addition was
approved administratively (land was taken from Outlot B and added to Lot 2). Due to the
presence of wetland buffer on Outlot B, the property owner was also told an amendment
to the Sensitive Areas Development Plan was required in order to allow portions of the
buffer to be paved for additional auto sales display area. This is the issue before the City
Council.
2. When Billion Auto filed the rezoning application to amend the plan, it was discovered
that the wetland improvements on Outlot B had not been constructed. This should have
occurred as a condition of previous development activity. The applicant will proceed to
install the improvements according to the Sensitive Areas Development Plan, and will
enhance the wetland seed mixture as was indicated at the 4/23 public hearing.
3. A question on interpretation of the City's lighting standards led the auto dealership to
install light poles within 300 feet of County residences that exceed the allowable height
standard of 25 feet. The applicant has agreed to reduce the height of all applicable light
poles to 25 feet, and install all new poles at a height of 25 feet. This will result in
compliance with our City Code.
Prepared by, Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ -000)
COND171ONAL ZONING AGREEMENT
THIS AGREEMENT is matte between the City of Iowa City, Iowa, a muni i al corporation
(hereinafter "City "), and Dealer Properties IC, LLC (hereinafter "Owner ").
WHEREAS, Owner is the legal title holder of approxXatd 09 acres of property
located at 2845 Mormon Trek Boulevard; and
WHEREAS, the Owner has requested the rezoning o "erty to am end the
Sensitive Areas Developrgent Plan; and
WHEREAS, the Plannin and Zoning Commission ha determ' ed that with appropriate
conditions regarding the ne to install mitigation im rovernght measures prior to any
development activity being per itted and lighting on th prope being installed to minimize
effects on adjacent residential roperties the req�r sted ning is consistent with the
Comprehensive Plan; and
WHEREAS, Iowa Code §414. (2013) pro des !,hai t the City of Iowa City may impose
reasonable conditions on granting an pplicant' rezo�hing request, over and above existing
regulations, in order to satisfy public nee cau d by,,4t'1e requested change: and
WHEREAS, the Owner acknowle as that certain conditions and restrictions are
reasonable to ensure the development of a property is consistent with the Comprehensive
Plan and the need for protection of envir nm tally- sensitive areas and to minimize effects on
adjacent residential development; and
WHEREAS, the Owner agrees to evelop this roperty in accordance with the terms and
conditions of a Conditional Zoning greerrlent.
NOW, THEREFORE, in c0-n eratian of the mutua promises contained herein, the parties
agree as follows:
1. Dealer Properties 1 LLC is the legal title holder of a property legally described as:
Outlot B, JJR Da s Addition, Iowa City, Iowa, in accord ce with the plat thereot recorded in
Plat Book 5S, s age 39, in the records of the Johnson C unty Recorder's Office, containing
7.13 acres an subject to easements and restrictions of re rd.
2. The Owne acknowledges that the City wishes to ensure onformance to the principles
of the mprehensive Plan and the Southwest Distric plan. Further, the parties
acknow dge that Iowa Code §414.5 (2013) provides that the City of Iowa City may
impos reasonable conditions on granting an appilcar r oning of
over and
abov the existing regulations, in order to satisfy public needs aused by the requested
ch ge.
i
3. 1 onsideration of the City's rezoning the subject property, Owner agrees that
development of the subject property wiil conform to all other requi ments of the zoning
chapter, as well as the following conditions:
pp69*r4ghaz12d10W2 C28.0W
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5243 (REZ12- 00032)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING AND AMENDING THE SENSITIVE AREAS
DEVELOPMENT PLAN TO ALLOW A REDUCTION IN THE PREVIOUSLY APPROVED WETLAND
BUFFER ON PROPERTY LOCATED AT 2845 MORMON TREK BOULEVARD. (REZ12- 00032)
WHEREAS, the applicant, Dealer Properties IC, LLC, has requested a rezoning to amend the Sensitive
Areas Development Plan on property located at 2845 Mormon Trek Boulevard; and
WHEREAS, buffer averaging was applied to provide additional protection to a wetlands located on the
subject property in accordance with the Sensitive Areas Ordinance; and
WHEREAS, the minimum buffer area required for this property is 3.56 acres; and
WHEREAS, the applicant has requested an adjustment to the Sensitive Areas Development Plan to
reduce the overall size of the wetland buffer area from 4.46 acres to 4.14 acres; and
WHEREAS, a Compensatory Mitigation Plan for the property was previously submitted to the Army
Corps of Engineers and City and approved but was never implemented; and
WHEREAS, the previous owner sold the property to the applicant without having installed the wetland
mitigation improvements stated in the Compensatory Mitigation Plan and as required by the Sensitive Areas
Ordinance; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan provided that it meets conditions addressing the need to install
the mitigation improvement measures prior to any development activity being permitted, that the wetland
mitigation plan also include a requirement for an annual monitoring report, and lighting on the property be
installed to minimize effects on adjacent residential properties; and
WHEREAS, Iowa Code §414.5 (2013) 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 has 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. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, the Sensitive Areas Development Plan attached hereto and incorporated herein is hereby amended to
allow a reduction in the previously approved wetland buffer:
LEGAL DESCRIPTION
Outlot B, JJR Davis Addition, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat
Book 55, at Page 39, in the records of the Johnson County Recorder's Office, containing 7.13 acres
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 to 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.
Ordinance No.
Page 2
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 2013.
MAYOR
ATTEST:
CITY CLERK
Approv b....
City Att ney s O is
�`-�' -f3
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:
Champion,
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
4/23/2013
that the
AYES: Payne, Dickens, Hayek, Mims. NAYS: Throgmorton,
Dobyns. ABSENT: None.
Second Consideration 5/14/2013
Voteforpassage: AYES: Payne,Dickens, Dobyns, Hayek, Mims. NAYS: Throgmorton,
Champion. ABSENT: None.
Date published
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ -000)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), and Dealer Properties IC, LLC (hereinafter "Owner ").
WHEREAS, Owner is the legal title holder of approximately 7.09 acres of property
located at 2845 Mormon Trek Boulevard; and
WHEREAS, the Owner has requested the rezoning of said property to amend the
Sensitive Areas Development Plan; and
WHEREAS, the Planning and Zoning Commission has determined that with appropriate
conditions regarding the need to install mitigation improvement measures prior to any
development activity being permitted and lighting on the property being installed to minimize
effects on adjacent residential properties the requested zoning is consistent with the
Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for protection of environmentally - sensitive areas and to minimize effects on
adjacent residential development, and
WHEREAS, the Owner agrees 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. Dealer Properties IC LLC is the legal title holder of the property legally described as:
Outlot B, JJR Davis Addition, Iowa City, Iowa, in accordance with the plat thereof recorded in
Plat Book 55, at Page 39, in the records of the Johnson County Recorder's Office, containing
7.13 acres and subject to easements and restrictions of record.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Southwest District plan. Further, the parties
acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may
impose reasonable conditions on granting an applicant's rezoning request, over and
above the existing regulations, in order to satisfy public needs caused by the requested
change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
ppdadm/agBrez12 -00032 cza.doc
a. The applicant will be allowed to decrease the overall size of the wetland buffer as
illustrated on the Sensitive Areas Development Plan attached hereto and by reference
made part of this agreement;
b. The improvements shown on the "Wetland Seeding and Planting Plan" shall be
installed prior to any development activity being permitted on Lot 2 of the D & D Billion
Addition; and
c. Existing and proposed light fixtures on Lot 2 of the D & D Billion Addition that are
located within 300 feet of Residentially Zoned property, whether located within a City
or County zoning district, will be mounted no more than 25 feet above grade prior to
the establishment of the additional vehicle display area proposed on Lot 2 of the D &
D Billion Addition.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2013), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner 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 acknowledges 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 1 2�day of IkP ri 12013.
CITY OF IOWA CITY
Matthew Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
ppdadm/agtlrez12- 00032 cza.doc 2
Dealer Properties ICf LLC
By:
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 2013 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
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF 1 Yh* a,,,
5b,w ll tw ss:
.. JGHN89N COUNTY )
IYIi,nYVt,L.p.ho`,
On this 18 day of • 1 , 2013, before me, the u dersigned, a Notary Public in
and for the State of pally appeared �0 i6 "R• i �`� C , to me
personally known, who being by me duly sworn, did say that the person is
o. rv\'P-Vv%Ir� r (title) of
pcaae�e' Ptn r1- +es'�C� LUC and that said instrument was signed on behalf of the
said limited liability company by authority of its managers and the said
twelvwyAk`C acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company b it voluntarily executed.
BRENDA TIRREL Notary Public in and for the St to of I�owa-
NOT RYPUBLF0 M commission expires: SOUTH DAKOTA y p
ppdadm 1agt/rez12 -00032 cza.doc 3
t 4
is
�z
Z I—
C
ZQ
4Z `Q
J � O
o6
Z�U
w -�.
W—
Z=
w
�J
D
O
WMA,
s
�d
4 i 3
R
fill
10,
17 E R 4g 4M 9 if
M
IA �
lag .
It
� b r
i
i
€WipA
p
953
f w5 f 5 a
$PPi
$�5
6
; a
2- m
a�
igh 6g i :'e m a
�Y
WMA,
s
�d
4 i 3
R
fill
10,
17 E R 4g 4M 9 if
M
IA �
lag .
It
� b r
i
i
€WipA
p
953
f w5 f 5 a
$PPi
$�5
6
; a
C N
e 5�
� 6sYI
tpY �aks+y
I ��S
--ate- -
7f
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5243 (REZ13- 00001)
ORDINANCE NO. 13 -4525
ORDINANCE REZONING APPROXIMATELY 27.8 ACRES LOCATED WEST OF MORMON TREK
BOULEVARD AND NORTH OF HAWKEYE PARK ROAD FROM INSTITUTIONAL PUBLIC (P -2) TO
INSTITUTIONAL PUBLIC /MEDIUM- DENSITY MULTI - FAMILY (P- 2 /RM -20). (REZ13- 00001)
WHEREAS, the applicant, the University of Iowa, has requested a rezoning of property located west of
Mormon Trek Boulevard and north of Hawkeye Park Drive from Institutional Public (P -2) to Institutional
Public /Medium - Density Multi - Family (P- 2 /RM -20); and
WHEREAS, the University of Iowa plans to lease the subject property to a private owner for construction
of an apartment complex; and
WHEREAS, the land will remain publicly -owned and thus retain the underlying P -2 zoning while the RM-
20 zoning would function as an overlay zoning; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of P -2 to P- 2 /RM -20:
PROPERTY DESCRIPTION
That part of the Northwest Quarter and that part of the Southwest Quarter of Section 8,
Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa
described as follows:
Commencing as a point of reference at the Northwest corner of said Northwest Quarter;
thence North 89 °57'04" East 2654.13 feet along the North line of said Northwest Quarter
(assumed bearing for this description only) to the Northeast corner of said Northwest Quarter;
thence South 0 °20'28" West 1592.96 feet along the East line of said Northwest Quarter to a
point of intersection with the Southwesterly, right -of -way line of the Iowa Interstate Railroad;
thence North 56 036'37" West 20.08 feet along said right -of -way line to a point of intersection
with the Westerly right -of -way line of Mormon Trek Boulevard;
thence Southwesterly 128.21 feet along said Westerly right -of -way and along the arc of a
862.00 foot radius curve concave Southeasterly (chord bearing South 30 011'48" West 128.10
feet) to a point of tangency;
thence South 25 056'08" West 180.05 feet along said Westerly right -of -way;
thence South 27 007'36" West 325.42 feet along said Westerly right -of -way to the point of
beginning;
thence continuing South 27 °07'36" West 16.92 feet along said Westerly right -of -way to a point
of curvature;
thence Southwesterly 397.75 feet along said Westerly right -of -way and along the arc of a
541.00 foot radius curve concave Northwesterly (chord bearing South 48 011'22" West 388.86
feet) to a point of tangency;
Ordinance No. 13 -4525
Page 2
thence South 69 °15'08" West 303.00 feet along said Westerly right -of -way to a point of
curvature;
thence Southwesterly 331.66 feet along said Westerly right -of -way and along the arc of a
784.00 foot radius curve concave Southeasterly (chord bearing South 57 007'59" West 329.20
feet)
thence South 85 000'04" West 61.69 feet along said right -of -way line;
thence North 53 007'10" West 50.80 feet;
thence North 26 031'14" West 359.76 feet;
thence North 1 °16'02" East 479.81 feet;
thence North 90 000'00" East 28.10 feet;
thence North 0 001'41" West 200.68 feet;
thence North 21019'38" East 318.96 feet;
thence North 69 °52'12" East 614.31 feet;
thence South 57 048'38" East 86.89 feet;
thence South 19 040'52" East 479.50 feet;
thence South 70 019'08" West 53.85 feet;
thence South 19 °40'52" East 144.37 feet;
thence North 70 019'08" East 53.85 feet;
thence South 19 040'52" East 404.36 feet to the point of beginning and containing 27.81 acres
more or less.
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 14th day of May 2013.
n
MAYOR
ATTEST:
0
CITY CLERK
Appr ved by
City Attorney's Office y1 /,3
Ordinance No. 13-4525
Page 3
It was moved by Mims and seconded by Champion that the
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
First Consideration 4/23 / 2013
Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek,
Mims. NAYS: Nane. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
5/23/2013
Moved by Mims, seconded by Throgmorton, 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: Throgmorton, Champion, Dickens, Dobyns, Hayek,
Mims, Payne. NAYS: None. ABSENT: None.
Marian Karr
From: Kieft, David W <david -kieft @uiowa.edu>
Sent: Wednesday, May 01, 2013 5:25 PM
To: Marian Karr
Cc: Jeff Davidson; Joshua Smith <JSmith @bbcgrp.com> (JSmith @bbcgrp.com);
dsavoia @bbcgrp.com; Michael L. Muhlenbruch (mmuhlenbruch @shive - hattery.com)
Subject: Condensing of 2nd and 3rd Readings
Marian
The 2nd reading of a rezoning application submitted by the University of Iowa for Hawkeye Court apartment complex is
scheduled before Council on May 14th (REZ13- 00001). By way of this e-mail, the University is requesting the 2nd and 3rd
readings be condensed into the May 14th meeting. This matter unanimously passed Planning & Zoning and unanimously
passed the first reading of Council. The private developer rebuilding the Hawkeye Court apartment complex is under a
tight 12 month construction schedule to have the new facility ready for students in August 2014. The developer would
like to begin abatement and demolition of the existing facility as soon as students move out following the end of the
academic calendar in late May.
Thank you and Council for your consideration of this request.
David
David W. Kieft
University Business Manager & Director of Real Estate
University of Iowa
2660 University Capitol Centre
Iowa City, IA 52242 -5500
319 - 335 -5052
david - kieft @uiowa.edu
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5251
ORDINANCE NO. 13 -4526
7g
AN ORDINANCE AMENDING TITLE 14, ZONING, TO DEFINE ROOMING HOUSE
COOPERATIVES AS A TYPE OF FRATERNAL GROUP LIVING USE AND TO SPECIFY
THAT FRATERNAL GROUP LIVING USES ARE ALLOWED BY SPECIAL EXCEPTION IN
THE RNS -20 ZONE AND TO MODIFY THE RESIDENTIAL DENSITY AND BICYCLE
PARKING STANDARDS FOR SAID USES TO BE CONSISTENT WITH THE DENSITY AND
PARKING STANDARDS FOR MULTI - FAMILY USES.
WHEREAS, the City has adopted a strategic plan goal to stabilize central city neighborhoods
by ensuring the higher density residential uses are designed in a manner and built to a residential
density that is compatible with surrounding single family dwellings; and
WHEREAS, to further the aforementioned strategic plan goal, the City Council adopted new
residential density and parking standards for multi - family uses; and
WHEREAS, according to the University of Iowa, participation in Greek life at the University is
on the rise; and
WHEREAS, Group Living Uses, such as rooming houses, fraternities, and sororities, due to
the high density nature of these uses and the group activities and events that are typical of these
uses, can have a de- stabilizing effect on neighborhoods if not carefully designed and built to a
density appropriate to the neighborhood context; and
WHEREAS, it is appropriate to adopt residential density standards and bicycle parking
standards for Group Living Uses that are similar to multi - family uses;
WHEREAS, due to the unique nature of fraternal group living uses in that there are regular
oup activities and events that may be disruptive to other residential uses in the surrounding
neighborhood, it is appropriate for these types of uses to be more carefully considered on a case
by case basis by the Board of Adjustment;
WHEREAS, rooming house cooperatives, if formally organized as a non - profit entity where
there is a formalized relationship between the members, and whose primary mission is to provide
a cooperative living environment with shared responsibility for the quality of life within the rooming
house, would more appropriately be categorized as "fraternal group living" rather than
"independent group living "; and
WHEREAS, the Planning and Zoning Commission has reviewed this ordinance and
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. Add the following definition to Article 14 -9A, General Definitions:
Rooming House Cooperative: A Fraternal Group Living Use that is organized as a non-
profit entity and that is an active member of North American Students of Cooperation
(NASCO) or one of its affiliates, whose primary mission is to provide a cooperative living
environment for its members. Said use is governed by a board that is democratically elected
by members of the cooperative, with all members and board members having as their
primary residence a rooming unit governed by the cooperative.
Ordinance No. 4526
Page 2
B. Delete paragraphs 14- 4A -313-1 and 14- 4A -3B -2, and substitute in lieu thereof:
1. Characteristics
Group Living uses are characterized by the residential occupancy of a dwelling by a
group of people that do not meet the definition of a household or group household.
The size of the group is typically larger in size than the average size of a family or
household. Tenancy is arranged on a month -to -month basis, or for a longer period.
Group Living structures contain individual rooming units with private or shared
bathroom facilities and may also contain shared kitchen facilities, and /or common
dining and living areas for residents. The residents may or may not receive any
combination of care, training, or treatment, but those receiving such services must
reside at the site.
2. Examples
Examples include uses from the three subgroups listed below.
a. Assisted Group Living
Group care facilities, including nursing and convalescent homes; assisted living
facilities.
b. Independent Group Living
Rooming houses
c. Fraternal Group Living
Fraternities; sororities; monasteries; convents; rooming house cooperatives.
C. Amend Table 213-1, Principal Uses Allowed in Multi- Family Residential Zones, to indicate
that Fraternal Group Living Uses are allowed only by Special Exception (S) rather than as a
Provisional Use (PR) in the RNS -20 Zone.
D. Delete paragraphs 14- 413-4A -9 and 14- 4B- 4A -10, and substitute in lieu thereof:
9. Independent Group Living
The maximum density and maximum occupancy standards for an Independent
Group Living Use are as follows. Both density and occupancy limitations apply in all
cases.
a. Maximum Density
(1) In the RM -20 Zone: 1 roomer per 900 square feet of lot area.
(2) In the RM -44 and PRM Zones: 1 roomer per 500 square feet of lot area.
b. Maximum Occupancy .
1 roomer per 300 square feet of floor area within the Independent Group Living
Use.
c. Facilities
The Group Living Use must have bath and toilet facilities available for use by
roomers in such numbers as specified in Title 17, Building and Housing. In
addition, the occupants shall have access to kitchen facilities, a dining room,
and other shared living spaces and common facilities related to the use.
10. Fraternal Group Living
The maximum density and maximum occupancy standards for a Fraternal Group
Living Use are as follows. Both density and occupancy limitations apply in all cases.
Ordinance No. 13 -4526
Page 3
a. Maximum Density:
(1) In the RM -20 and RNS -20 Zones: 1 roomer per 900 square feet of
lot area.
(2) In the RM -44 and PRM Zones: 1 roomer per 500 square feet of lot area.
b. Maximum Occupancy
1 roomer per 300 square feet of floor area within the Fraternal Group Living
Use.
c. Facilities
The Group Living Use must have bath and toilet facilities available for use by
roomers in such numbers as specified in Title 17, Building and Housing. In
addition, the occupants shall have access to kitchen facilities, a dining room,
and other shared living spaces and common facilities related to the use.
d. Additional approval criteria for Special Exceptions
The proposed use must be designed to be compatible with adjacent uses. The
Board of Adjustment will consider aspects of the proposed use, such as the
location, site size, types of accessory uses, anticipated traffic, building scale,
setbacks, landscaping and amount of paved areas to ensure that the proposed
use is compatible with other residential uses in the neighborhood. The Board
may prohibit certain aspects of a use or impose conditions or restrictions to
mitigate any incompatibilities. These conditions or restrictions may include, but
are not limited to, additional screening, landscaping, pedestrian facilities,
setbacks, location and design of parking facilities, location and design of
buildings, establishment of a facilities management plan, and similar.
E. Amend Table 5A -2, to indicate that the bicycle parking requirement for Independent Group
Living Uses and Fraternal Group Living Uses is 50 %.
SECTION 11. REPEALER. All ordinances and parts of ordinances in conflict with-the provi-
sions 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 unconsti-
tutional.
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 14th day of May , 2013.
ATTEST:,2uJ
CIT %LERK
Approved by: J .a ) r
City Attorney's Office V ��
Ordinance No. 13 -4526
Page 4
It was moved by Mims and seconded by Payne that the
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
First Consideration 4/23/2013
Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims,
Payne. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 5/23/2013
Roved by Mims, seconded by Champion, that the rule requiring ordinances to be considered and
noted on for passage at two Council meetings prior to the meeting at which it is to be finally
)assed be suspended, the second consideration and vote be waived and the ordinance be voted
ipon for final passage at this time. AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
,hampion. NAYSi None. ABSENT: None.
Marian Karr
From: Tom Markus
Sent: Tuesday, May 07, 2013 5:49 PM
To: Marian Karr
Subject: Fwd: Fraternal Group Living Zoning and Effects on UI Students
Please add this under the related agenda item.
Sent from my iPad
Begin forwarded message:
From: Karen Howard <Karen- Howard@iowa -ci y.org>
Date: May 7, 2013, 5:19:54 PM CDT
To: Jeff Davidson < Jeff- Davidson@iowa- city.org >, Bob Miklo <Bob- Miklo@iowa- c ity.org >,
Geoff Fruin <Geoff- Fruin@iowa- city.org >, "Adam Bentley (admbentley@gmail.com)"
<admbentley@gmail.com >, "Eleanor M. Dilkes" <Eleanor- Dilkes(2iowa -6 .org >, Jann Ream
<Jann- Ream&iowa- city.org >, Sara Greenwood Hektoen <sara- hektoenniowa- city.org>
Cc: Tom Markus <Tom- Markus@iowa- city.org>
Subject: FW: Fraternal Group Living Zoning and Effects on UI Students
From: Karen Howard
Sent: Tuesday, May 07, 2013 5:12 PM
To: 'Bleeker, Bradley T; Tom Markus
Cc: Kennedy, Paulina R
Subject: RE: Fraternal Group Living Zoning and Effects on UI Students
Brad and Paulina,
Yes, I can attend your meeting tomorrow afternoon. Please just let me know where the
meeting is being held and what time you plan to discuss this issue.
See my brief answers to your questions below and if there is further elaboration needed
tomorrow, I will be happy to discuss.
Best Regards,
Koren Howard
bepartment of Planning and Community bevelopment
410 E. Washington
Iowa City, Iowa 52240
(319) 356 -5251
karen- howard@iowa- city.ora
From: Bleeker, Bradley J [ mailto :bradlgy- bleeker(- @uiowa.edu]
Sent: Tuesday, May 07, 2013 10:48 AM
To: Tom Markus; Karen Howard
Cc: Kennedy, Paulina R
Subject: Fraternal Group Living Zoning and Effects on UI Students
Good Morning Tom and Karen,
My name is Brad Bleeker and I currently serve as the President for the University of Iowa's
Interfraternity Council. My organization operates as the governing body for all traditionally
housed fraternities on our campus. I would also like to introduce my counterpart, Paulina
Kennedy, who serves in the same role for the Panhellenic Council. The Panhellenic Council
governs the traditionally house sororities here at Iowa.
Our job is to ensure that our community advances in the right direction, and we both have goals
to leave our fraternity and sorority community at Iowa in better shape than when we first joined.
We have 47 student organizations (fraternities and sororities) that we working with to promote
continued improvement and long -term growth.
Our primary concern is that the proposed change to the zoning laws for Fraternal Group Living
will prohibit further growth of our community. The University has recognized that continued
growth will be a long -term trend for us, and this was also mentioned by Robert Miklo's memo in
the March 21 st city council meeting minutes.
We currently have at 4 chapters we represent that are interested in constructing housing
structures, and we're adding several chapters in the coming years who will be interested in doing
the same. It is very important that we are able to continue to build structures for our chapters that
promote and enable further growth. It is also important that the living capacity of these houses
can remain subject to similar square footage laws so that our chapters can sustain their growth
financially through rent income.
We have several questions that I hope the two of you can clarify for us. We would like to educate
the 3,000 members of our community on how they'll be affected by these changes.
1. Can you clarify if this new Zoning Code would affect all of Iowa City or just a specific
area(s) of the city ?[Karen Howard] Fraternal Group Living Uses are currently allowed
in the RNS -20, RM -20, RM -44, and PRM Zones, so the proposed changes would apply
to all areas of the city with these zoning designations.
2. If only just a specific area(s), can you please provide us a map of the affected
areas ?[Karen Howard] These zones can be viewed on the City's zoning map.
3. Could you please explain where the following zones are located: RM — 20? NS-
20? RM — 44? PRM ?[Karen Howard] As stated above, you can view the various
zoning districts of the city by looking at the zoning map. Hard copies of the zoning map
are available in the Planning Department. You can also view the zoning map online at:
http://www.icgov.orp-/?id=1478. Generally, the higher density multi - family zones are
located in the central part of Iowa City, but there is some medium density MF zoning in
other areas further from the center generally along arterial streets.
4. If a disaster (fire, tornado, etc.) were to damage or destroy a current fraternity or
sorority house, could the chapter rebuild to the same number of bed spaces it currently
has ?[Karen Howard] If a fraternity or sorority is nonconforming with regard to the
maximum density allowed, it may be rebuilt to its current density unless it is almost
completely destroyed. Keep in mind that many of the existing sororities and fraternities
are already "nonconforming uses" since many were built prior to zoning rules or to
requirements for off - street parking. The passage of these new ordinance will not affect
their existing nonconforming (grandfather) rights.
5. For the chapters who currently exist, what does "being grandfathered in" mean in
terms of any renovations to the property? Expansion of the property ?[Karen
Howard] See my comment above about the fact that many if not most fraternities and
sororities are already nonconforming uses due to lack of parking, density exceeding
current limits, etc. While you cannot expand a nonconforming use, you can repair,
maintain, remodel the structure in any way as long as the use is not enlarged.
6. Has any form of notice (beyond public notice) been issued to the fraternity /sorority
property owners in any of the affected areas ?[Karen Howard] No, we did not send
individual notices to all fraternities and sororities. We also did not send individual
notices to all owners of rooming houses. We provided public notice per the State of Iowa
requirements, which included notice of the Planning and Zoning Commission meeting
and notice of the public hearing at the City Council.
7. Can you please describe the process for requesting an "exemption" to the zoning
code ?[Karen Howard] I assume that you are referring to a "special exception." There are
many land uses that are allowed by special exception. They are typically uses that may be
appropriate in a particular zone, but have been deemed to be a use that needs more
careful consideration. The City's Board of Adjustment (BOA) reviews all requests for a
special exceptions. The BOA is a quasi-judicial body that meets once every month. They
hold a public hearing and typically make their decision at that same meeting.
8. Has the City been in communication with the University regarding this matter? If so,
who have been the points of contact? Other than what the student liaison to the City
Council has conveyed to persons at the University, we have not discussed the matter with
the University. We don't typically discuss with the University the various residential
zoning densities allowed on private property within city neighborhoods. The intent of the
proposed ordinance is to bring the allowed residential density of Group Living Uses,
which includes rooming houses, rooming house cooperatives, fraternities, sororities, and
similar, into line with what is allowed for multi - family uses (apartments) in the same
zone. I believe that the University is aware of and generally in support of the City
Council's current strategic plan goal to stabilize the City's older central city
neighborhoods so they continue to be healthy and attractive places for people of all ages
to live. Under the proposed ordinance, fraternities and sororities will continue to be an
allowed use in all the same zones. However, the residential density would be
commensurate with what is allowed for other multi -tenant uses.
9. Would you be willing to attend the upcoming Interfraternity Council and Panhellenic
Council meetings tomorrow at 3:30pm, Wednesday May 8 to answer questions from
students living in chapter structures that may be affected by this new zoning code ?[Karen
Howard] Yes.
I think that it is very important for us to have this information directly from the city to insure that
we are guiding and directing members correctly with information.
Thank you for your help. We appreciate any and all information you can provide us.
Best,
Brad Bleeker
Brad Bleeker
The University of Iowa I B.B.A. Accounting, May 2014
President I UI Interfraternity Council
brad ley- bleekera- uiowa.edu
Linkedln Profile I cell: 515.418.251
SIGMA PI
FRATERNITY
INTERNATIONAL
,
May 2, 2013
Mayor Matt Hayek
City of Iowa City, Iowa
14 Heather Drive
Iowa City, Iowa 52245
Dear Mayor Hayek:
The Planning and Zoning Commission of Iowa City has recently voted to pass a change in density for
fraternity and sorority structures from one unit per five - hundred square feet to one unit per nine- hundred
square feet. It is key to note that this zoning density code is based off of the square footage of the "lot ", the
real estate, not the actual structure. Unfortunately, this new zoning rule would make it virtually impossible to
build a new fraternal structure up to this code in Iowa City.
If enacted, this would mean a new fraternity house or a house being rebuilt or remodeled would have to have
900 square feet per person on the building lot. (To put it in perspective, a typical 5 bedroom house in Iowa
City has less than 2,000 square feet on the lot (or 400 sq ft /person.) To build a small 25 person
fraternity/ sorority house, that would require at least 22,500 square feet on the lot, which is unfeasible to
comply with. Adding another floor and more living space will not help with the code because the new rule is
based off of the size of the lot. This new rule would be in addition to other very complicated fraternal zoning
rules that make it extremely difficult for fraternity structures to exist. (new elevators, extreme fire coding, etc.)
By doing so, the Zoning Commission and the City Council have proven that they are firmly against the
expansion of fraternity and sorority life at the University of Iowa. The University of Iowa is scheduled to
bring on at least one new fraternity each year for the next several years and several fraternities and sororities
already are in need of a structure. With this expansion of the community, there will be nowhere to house
these great organizations. The fraternity and sorority community will suffer and as a result, the entire Iowa
City and University of Iowa will suffer as well.
I am asking you to make a change to this ruling to preserve the future of fraternity and sorority life and save
the future of fraternity and sorority structures in Iowa City.
Sincerely,
Michael R. Ayalon
Executive Director
CC: University of Iowa Dean of Students, David Grady
CC: Connie Champion
CC: Rick Dobyns
CC: Jim Throgmorton
CC: Susan Mims
CC: Terry Dickens
CC: Michelle Payne
1H
A New Generation of Leaders
P.O. Box 1897 • Brentwood, TN 37024 e Phone 615 - 921 -2300 • Fax 615 - 373 -8949 • www.sigmapi.org
7h
s
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING, TO ESTABLISH PARKING LOCATION
STANDARDS AND ENTRANCEWAY STANDARDS THAT WIL REDUCE THE VISUAL
IMPACT OF STRUCTURED AND SURFACE PARKING AREAS ALONG RESIDENTIAL
STREETS IN MULTI- FAMILY ZONES.
WHEREAS, the City has adopted a strategic plan goal to stabilize central city neighborhoods
by ensuring the higher density residential uses, such as multi - family uses and group living uses,
are designed in a manner that is consistent with the character and scale of other residential uses
in the surrounding neighborhood; and
WHEREAS, the zoning code contains parking location standards in the City's more urban
commercial zones that ensure that at a minimum the first 30 feet of building depth on the ground
level floor of a building is reserved for principal uses and surface and structured parking is not
allowed in this area. This standard ensures a more active street frontage that is comfortable, safe,
and attractive for pedestrian and good for storefront businesses; and
WHEREAS, in contrast to the parking setback standard required in urban commercial zones,
structured parking within multi - family and group living buildings must be enclosed within the
building walls, but is allowed on the ground level floor of the building right up to the front building
wall;
WHEREAS, in recent years as multi - family residential areas are becoming more urban in
character, there has been a proliferation of multi - family buildings constructed with parking on:the
ground level floor with apartments above;
WHEREAS, elevating the living area above the parking level has resulted in exterior stoops
that are out of proportion to the height of the building and out of scale with other residential
buildings in the neighborhood, made handicapped accessible entrances more difficult to achieve,
and created a street frontage that is uncomfortable and unattractive for pedestrians; and
WHEREAS, adopting a minimum setback for structured parking and establishing a maximum
height for residential stoops will help to alleviate the aforementioned issues; and
WHEREAS, the Planning and Zoning Commission has reviewed this ordinance and
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. Delete paragraph 14- 5A -5F -1, and substitute in lieu thereof:
1. In Multi - Family Zones and in the CN -1, C13-2, C13-5, and the MU Zones the ground -level
floor of a building is reserved primarily for principal uses allowed in the zone.
Therefore, any parking located with the exterior walls of the building must meet the
following standards:
a. In the CN -1, C13-2, C13-5, and MU Zones, structured parking is not permitted on the
ground -level floor of the building for the first 30 feet of lot depth as measured
from the minimum setback line. In the CN -1 Zone it is measured from the "build -
to" line.
b. In Multi - Family Zones, structured parking is not permitted on the ground -level
floor of the building for the first 15 feet of building depth as measured from the
street - facing building wall. On lots with more than one street frontage this parking
setback must be met along each street frontage, unless reduced or waived by
Ordinance No.
Page 2
minor modification. When considering a minor modification request, the City will
consider factors such as street classification, building orientation, location of
primary entrance(s) to the building, and unique site constraints such as locations
where the residential building space must be elevated above the floodplain.
c. In the CN -1, CB -2, CB -5, and MU Zones, the ceiling height of any underground
parking may extend no more than 1 foot above the level of the adjacent sidewalk.
On sloping building sites and for existing buildings, the City may adjust this
requirement by minor modification. However, on sloping sites at least a portion of
the ground -level floor height of any new building must be located no more than
one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor
height of the ground -level floor of the building must be no more than 3 4 feet
above the level of the abutting public sidewalk or pedestrian plaza at any point
along a street - facing building facade.
d. In Multi - Family Zones, the floor height at any street - facing building entrance must
not exceed 3 feet above the level of the abutting public sidewalk. Any
underground parking may not extend above grade in a manner that prevents
street - facing building entrances from meeting this standard, except as allowed by
minor modification due to unique site characteristics, such as locations where the
residential building space must be elevated above a floodplain.
B. Add a new paragraph 4 to subsection 14 -5A -5F as follows, and re- number subsequent
paragraphs accordingly:
4. Parking spaces within the structure must be perpendicular to parking aisles. However,
angled parking or parallel parking configurations may be allowed if parking aisles are
one -way.
C. Add a new paragraph 7 to subsection 14 -213-61D as follows, and renumber subsequent
paragraphs accordingly:
7. The floor height at any street - facing building entrance must not exceed 3 feet above
the level of the abutting public sidewalk or pedestrian plaza.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions 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 unconsti-
tutional.
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 12013.
MAYOR
ATTEST:
CITY CLERK
Approved by: 4,)"
City Attorney's Office �/ �3
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 4/23/2013
Voteforpassage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton. NAYS: None. ABSENT: None.
Second Consideration 5/14/2013
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens,
Dobyns. NAYS: None. ABSENT: None.
Date published
71
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ13- 00006)
ORDINANCE NO. 13 -4527
ORDINANCE REZONING APPROXIMATELY .78 ACRES LOCATED AT 1105 GILBERT COURT
FROM NEIGHBORHOOD PUBLIC (P -1) TO INTENSIVE COMMERCIAL (CI -1). (REZ13- 00006)
WHEREAS, the applicant, the Crisis Center of Johnson County, has requested a rezoning of property
located at 1105 Gilbert Court from Neighborhood Public (P -1) to Intensive Commercial (CI -1); and
WHEREAS, the Central District Plan future land -use map indicates that this area is appropriate for
Intensive Commercial uses; and
WHEREAS, the Comprehensive Plan generally encourages support for human services programs in
accessible locations, the use of existing facilities to provide coordinated neighborhood services, and the City
to provide appropriate planning and coordination of human services programs; and
WHEREAS, the rezoning would allow the applicant to use the subject property as part of a collaborative
human services campus with other human service providers in the area and help these groups to pool
resources and improve service; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and
recommended approval of the application.
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 P -1 to CIA:
LEGAL DESCRIPTION
LOT 1, THE NORTH 50 FEET OF LOT 2, AND INCLUDING THE SOUTH 35 FEET OF LAND EAST OF
THE RAILROAD. ROW DESCRIPTION IN SURVEY BOOK 4, PAGE 139, HIGHLAND PARK ADDITION,
IOWA CITY, 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 14th day of May , 2013.
ATTEST: ze
CI `CLERK
Ordinance No. 13 -4527
Page 2
It was moved by Payne and seconded by Dobyns that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 4/9/2013
Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Second Consideration 4/23/2013
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens,
Dobyns. NAYS: None. ABSENT: None.
Date published 5/23/2013
►� +� -a-
7j
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ13- 00007)
ORDINANCE NO. t l -4529
ORDINANCE CONDITIONALLY REZONING 2.12 ACRES LOCATED SOUTH OF HIGHWAY 1 WEST,
EAST OF RUPPERT ROAD FROM INTENSIVE COMMERCIAL (CIA) TO COMMUNITY COMMERCIAL
(CC -2). (REZ13- 00007) .
WHEREAS, the applicant, the Rose Company, has requested rezoning property located south of
Highway 1 West, east of Ruppert Road from Intensive Commercial (CI -1) to Community Commercial (CC -2);
and
WHEREAS, the South Central District Plan future land -use map indicates that this area is appropriate for
retail or community commercial uses; and
WHEREAS, the City is currently installing a sidewalk and trail system on the north side of Highway 1; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the
need to ensure safe pedestrian access to this property and the provision of adequate sidewalks along the
subject property's frontage with Ruppert Road to continue the sidewalk and trail system network.
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 CI -1 to CC -2, subject to the terms of the Conditional Zoning Agreement, attached hereto and
incorporated herein by this reference:
LEGAL DESCRIPTION
A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16,
TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 17, NORTH AIRPORT DEVELOPMENT, AS
RECORDED IN BOOK 43, PAGE 182, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S
OFFICE; THENCE S89 °48'19 "W, ALONG THE NORTH LINE OF SAID LOT 17, A DISTANCE OF 200.74
FEET, TO A POINT ON EASTERLY RIGHT OF WAY LINE OF RUPPERT ROAD; THENCE N00 °40'33 "E,
ALONG SAID EASTERLY LINE, 423.19 FEET, TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE
OF U.S. HIGHWAY NO. 1; THENCE N74 °04'08 "E, ALONG SAID SOUTHERLY LINE, 26.06 FEET;
THENCE N00 013'13 "E, ALONG SAID LINE, 9.38 FEET; THENCE N74 002'03 "E, ALONG SAID LINE, 182.40
FEET; THENCE S00 046'27 "W, 43.73 FEET; THENCE S00 014'58 "W, ALONG THE WESTERLY LINE OF
THE PLAT OF SURVEY, RECORDED IN BOOK 14; PAGE 59, OF THE RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE, TO A POINT ON THE NORTH LINE OF LOT 16, OF SAID NORTH
AIRPORT DEVELOPMENT; THENCE S89 °48'19 "W, ALONG SAID NORTH LINE, 2.18 FEET, TO THE
SAID POINT OF BEGINNING.
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.
Ordinance No. 13 -4528
Page 2
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 14th day of May , 2013.
Matthew J. Hayek, MA7bbR�
ATTEST: 2AAUAM,1
CI CLERK
Approved by,P,�
City Attorney's Office��1��
�3
Ordinance No. 13 -4528
Page 3
It was moved by Payne
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 4/9/2013
Vote for passage: AYES: Hayek, Mims, Payne, Champion, Dickens, Dobyns. NAYS:
Throgmorton. ABSENT: None.
Second Consideration 4/23/2013
Voteforpassage: AYES: Mims, Payne, Champion, Dickens, Dobyns, Hayek.
NAYS: Throgmorton. ABSENT: None.
Date published 5/23/2013
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ13- 00007)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), and BFDJ Holdings LLC (hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approximately 2.12 acres of property
located South of Highway 1 West, east of Ruppert Road; and
WHEREAS, the Owner has requested the rezoning of said property from Intensive
Commercial (CI -1) to Community Commercial (CC -2) zone; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the provision of sidewalks along the property's frontage with Ruppert Road
and Highway 1, 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 acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for infrastructure improvements; and
WHEREAS, the Owner agrees 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. BFDJ Holdings LLC is the legal title holder of the property legally described as:
A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL
MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 17, NORTH AIRPORT
DEVELOPMENT, AS RECORDED IN BOOK 43, PAGE 182, OF THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89 °48'19 "W, ALONG THE NORTH
LINE OF SAID LOT 17, A DISTANCE OF 200.74 FEET, TO A POINT ON EASTERLY RIGHT
OF WAY LINE OF RUPPERT ROAD; THENCE N00 °40'33 "E, ALONG SAID EASTERLY LINE,
423.19 FEET, TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY
NO. 1; THENCE N74 °04'08 "E, ALONG SAID SOUTHERLY LINE, 26.06 FEET; THENCE
N00 013'13 "E, ALONG SAID LINE, 9.38 FEET; THENCE N74 002'03 "E, ALONG SAID LINE,
182.40 FEET; THENCE S00 °46'27 "W, 43.73 FEET; THENCE S00 °14'58 "W, ALONG THE
WESTERLY LINE OF THE PLAT OF SURVEY, RECORDED IN BOOK 14, PAGE 59, OF THE
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, TO A POINT ON THE
NORTH LINE OF LOT 16, OF SAID NORTH AIRPORT DEVELOPMENT; THENCE
ppdadm/agt/REZ13 -=7 Ruppert Rd and Hwy 1 draft CZA ordinance_LLCacknowledgment.doc
S89 °48'19 "W, ALONG SAID NORTH LINE, 2.18 FEET, TO THE SAID POINT OF BEGINNING.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the South 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:
a. Ruppert Road sidewalk: To ensure safe pedestrian access to the subject property,
construction of a five foot wide sidewalk built to City standards along the property's
frontage with Ruppert Road, with a connection to the intersection with Highway 1 West
and curb ramps at the intersection These sidewalk improvements will be installed prior
to an occupancy permit being issue for any new building on the property.
b. Highway 1 sidewalk: The applicant and owner will pay $9,228.75 the cost of sidewalk
installation along the Highway 1 frontage to allow the City to install the sidewalk when
a sidewalk is installed on other properties along the Highway 1 frontage. This payment
shall be made prior to an occupancy permit being issue for any new building on the
property. This fee will cover the cost of five feet of the width of the sidewalk. The City
will pay for any paving costs if a wider sidewalk is constructed.
4. The Owner, Applicant and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that
said conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner, Applicant and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the
terms of this Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning
Agreement shall be construed to relieve the Owner or Applicant from complying with all
other applicable local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
ppdadm/agt/REZ13400007 Ruppert Rd and Hwy 1 draft CZA ordinance_LLCacknowledgment.doc 2
fix
Dated this 1 _ day of MA54 12013.
CITY OF IOWA CITY
A��
Matthew J. Hayek, Mayor
Attest:
Aa� 2L. A4/?�-
Mari . Karr, City Clerk
Approved by:
L '. le4
City Attorney's Office q 3'13
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on MAu ( 2013 by Matthew J.
i
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) o� SONDRAE FORT
Commission Number 158781
Title (and Rank) M 3 �hmiazn EVIres
MUTAR7 P,,I&Llr
ppdadm/agt/REZ13 -00007 Ruppert Rd and Hwy 1 draft CZA ordinance_LLCacknowledgment.doc 3
Fred C. Rose
BFDJ HOLDINGS, LLC ACKNOWLEDGEMENT:
STATE OF IOWA )
)SS:
BLACK HAWK COUNTY )
On this A+day of March, 2013, before me, the undersigned Notary Public in and for
said state, personally appeared Fred C. Rose, Manager, of BFDJ Holdings, LLC, to me
personally known, who being by me duly sworn, did say that he is the Manager, and is a
designated agent of the Limited Liability Company which is managed by a Manager, and that
this instrument was signed on behalf of the Limited Liability Company by authority of the Limited
Liability Company, in its ordinary course of business, and the Manager acknowledged the
execution of the instrument to be the voluntary act and deed of the Limited liability Company by
it and by the Manager voluntarily executed.
1P,W A4 ;
JENNIFER HOOP
COMMISSION NO. 722855
a
•o a
MY COMMISSION EXPIRES
oc (i -,�OIS
ppdadmlagt/REZ13 -00007 Ruppert Rd and Hwy 1 draft CZA ordinance_LLCacknowledgment.doc 4
'10 E12
'�
M135-14-13
7k
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5243 (REZ13- 00005)
ORDINANCE NO. 13 -4529
AN ORDINANCE CONDITIONALLY REZONING PROPERTY FROM COMMERCIAL OFFICE (CO -1) .
ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE AND AMENDING THE CONDITIONAL ZONING
AGREEMENT FOR APPROXIMATELY 2.31 -ACRES OF PROPERTY CURRENTLY ZONED CC -2 AND
CO -1 LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF BROADWAY STREET
AND HIGHWAY 6. (REZ13- 00005)
WHEREAS, the applicant, Casey's General Stores, Inc., has requested a rezoning of property located
approximately 160 feet east of the intersection of Broadway Street and Highway 6 from Commercial Office
(CO -1) to Community Commercial (CC-2), zoning; and
WHEREAS, on March 20, 2007, the City Council approved Ordinance Number 074225, which included
a Conditional Zoning Agreement with requirements addressing the need for an appropriate transition and
buffer from CC -2 zoning to residential development; and
WHEREAS, the applicant has requested modifications to the requirements to the Conditional Zoning
Agreement; and
WHEREAS, the Comprehensive Plan indicates that commercial uses should be located along major,
arterial streets; and
WHEREAS, the South District Plan future land -use map has been amended to depict the subject area as
appropriate for General Commercial uses; and
WHEREAS, the Planning and Zoning Commission has reviewed the modifications to the Conditional
Zoning Agreement and. the proposed rezoning and determined that the request complies with the
Comprehensive Plan provided that it meets conditions addressing the need to achieve compatibility with
adjacent residential properties; and
WHEREAS; Iowa Code §414.5 (2013) 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. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from CO -1 to CC -2:
LEGAL DESCRIPTION: (CO -1 ZONING AREA)
A part of Lot 1, Block 2, Braverman Center, Iowa City, Iowa described as follows:
Beginning at the Southeast corner of said Lot 1;
THENCE North 69 °30'29" West, along the south line of said Lot 1 , a distance of 285.51 feet;
THENCE North 22 °06'41" East a distance of 244.48 feet to a point on the south R.O.W. line of Hwy #6 ;
THENCE along a curve, said curve also being the south R.O.W. line of Hwy #6, to the left having a radius
of 3,105.00 feet, a delta of 00 °54'10 ", an arc length of 48.92 feet, and a chord which bears South
68 016'27" East having a chord distance of 48.92 feet;
THENCE continuing along a curve to the left, sadi curve also being the south R.O.W. line of Hwy #6,
having a radius of 3,105.00 feet, a delta of 02 °35'46 ", an arc length of 140.69 feet, and a chord which
bears South 70 013'40" East having a chord distance of 140.68 feet;
Ordinance No. 13 -4529
Page 2
THENCE South 00 °31'48" West a distance of 260.77 feet to the POINT OF BEGINNING, containing 1.3
acres of land, more or less.
SECTION II APPROVAL. T he Conditional Zoning Agreement approved on March 20, 2007 is hereby
replaced by the Conditional Zoning Agreement attached hereto and incorporated herein, and it shall apply to
the property described below:
LEGAL DESCRIPTION FOR CONDITIONAL ZONING AGREEMENT
A portion of Lot 1, Block 2, Braverman Center, Iowa City, Iowa, as recorded in Book 7 - Page 20, Johnson
County Recorder's Office, and a portion of the vacated Hollywood Blvd. R.O.W. as described in Book 346,
Page 406, and a portion of the vacated Hollywood Blvd. R.O.W. as described in Book 1070, Page 12, more
particularly described as follows:
Commencing at the NW corner of Section 23, T. 79 N., R. 6 W., of the 5th P.M.; thence S 89 052'40" E -
661.9 feet; thence S 0 026'20" W 377.2 feet to a '/" pipe marking the NE corner of tracts recorded in Plat
Book 7 - Page 9 and Plat Book 7, Page 20; Thence Northwesterly 140.94 feet along the south R.O.W. line of
Highway 6 along a 3015 foot radius curve concave northerly to a 5/8" rebar marking the Point of Beginning of
the parcel herein described;
Thence Northwesterly 56.01 feet along said 3015 foot radius curve which chord bears N 68 018'07" W to the
end of curvature; Thence N67056'W 161.30 feet along said South R.O.W. line to a 5/8" rebar; Thence
Southwesterly - 23.56 feet along a 15 foot radius curve concave southeasterly which chord bears S 67004'W
21.21 feet to a 5/8" rebar on the easterly R.O.W. line of Broadway Street; Thence S 22004'W 60.00 feet
along said R.O.W. line to a 5/8" rebar marking the beginning of curvature; Thence Southwesterly 77.83 feet
along said R.O.W. line along a 473.27 foot radius curve concave easterly with central angle of 9 025'20" to a
5/8" rebar; Thence S 69 033'40" E 117.00 feet to a 5/8" rebar; Thence N 22 007'42" E - 3.00 feet to a 5/8"
rebar; Thence S 69 033'40 "E 109.60 feet to a 5/8" rebar; Thence N 22 001'42" E 143.41 feet to the Point of
Beginning;
Except: That part of Lot 1, and that part of the vacated Hollywood Boulevard right -of -way all located in Block
2, Braverman Center, Iowa City, Iowa described as follows: Commencing as point of reference at the
Southwest corner of said Lot 1; thence Northeasterly 100.2 feet along the Westerly line of said Lot 1 and
along the Easterly right -of -way line of Broadway Street and along the arc of a 473.27 foot curve concave
Easterly (chord bearing North 6 034'44" East 100.0 feet (assumed bearing for this description only)) to the
point of beginning; thence continuing 77.8 feet along the Easterly right -of -way line of said Broadway Street
and along said 473.27 foot radius curve (chord bearing North 17 021'20" East 77.7 feet) to a point of
tangency; thence North 22 004' East 60.0 feet along said Easterly right -of -way line to a point of curvature;
thence northeasterly 23.6 feet along said Easterly right -of -way line and along the arc of a 15.0 foot radius
curve concave Southeasterly (chord bearing North 67 004' East 21.2 feet) to a point of intersection with the
Southerly right -of -way line of U.S. Highway No. 6; thence South 40 000' West 24.0 feet; thence South 29 015'
West 20.0 feet; thence South 17 030' West 38.0 feet; thence South 20 000' West 56.0 feet; thence South
12 015' West 16.0 feet; thence North 89 033'40" West 6.5 feet to the point of beginning and containing 1,117
square feet more or less.
And: A parcel of land in Lot 1, Block 2, Braverman Center, Iowa City, Iowa, according to the plat thereof
recorded in Book 7, Page 20, Plat Records of Johnson County Iowa, and a portion of vacated right of way of
Hollywood Boulevard as more particularly described as follows:
Commencing at the northwest corner of Section 23, Township 79 North, Range 8 West of the 5th P.M.;
thence S 89 052'40" E 661.9 feet; thence S 0 026'20" W 377.2 feet to the point of beginning, said point being
the northeast corner of tracts recorded in Plat Book 7, Page 9 and Plat Book 7, Page 20; thence S 0 026'20"
W, 260.72 feet along the east line of said tract to the southeast corner of said Lot 1; thence N 69 033'40" W
436.31 feet along the south line of said Lot 1 to the southwest corner thereof and the east right of way line of
Broadway Street; thence northeasterly along said Broadway Street right of way 100.20 feet along a 473.27
foot radius curve concave southeasterly with central angle of 12 °07'50 ", thence S 69 033'40" E 117.00 feet,
thence N 22 001'42" E 3.00 feet, thence S 69 033'40" E 109.60 feet, thence N 22 001'42" E 143.41 feet to the
Ordinance No. 13 -4529
Page 3
south right of way line of Highway #6; thence southeasterly 140.94 feet along said south right of way line
along 3015 foot radius curve concave northerly to the point of beginning.
Except: That part of Lot 1, Block 2, Braverman Center, Iowa City, Iowa described as follows: Beginning at the
Southwest corner of said Lot 1; thence Northeasterly 100.2 feet along the Westerly line of said Lot 1 and
along the Easterly right -o -way line of Broadway Street and along the arc of a 473.27 foot curve concave
Easterly (chord bearing North 6 034'44" East 100.0 feet (assumed bearing for this description only); thence
South 69 033'40" East 6.5 feet; thence South 8 035' West 55.0 feet; thence South 3 032' West 45.2 feet to a
point of intersection with the South line of said Lot 1, thence North 69 033'34" West 7.0 feet along said South
line to the point of beginning and containing an area of 723 square feet more or less.
And: Auditor's Parcel No. 2007045, Iowa City, Johnson County, Iowa in accordance with the Plat thereof
recorded in Plat Book 52, of Page 142, in the Records of the Johnson County Recorder's Office.
SECTION III. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION IV. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION V. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION VI. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VII. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VIII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 14th day of May _,2013.
MAYOR
ATTEST: y
CI CLERK
Ordinance No. 13 -4529
Page 4
It was moved by Mims and seconded by Champion that the
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
Throgmorton
First Consideration 4/23/2013
Vote for passage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns,
Hayek. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published 5/23/2013
loved by Mims, seconded by Champion, that the rule requiring ordinances to be considered and
Toted on for passage at two Council meetings prior to the meeting at which it is to be finally
)assed be suspended, the second consideration and vote be waived and the ordinance be voted upon
-or final passage at this time. AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims,
?ayne. NAYS: None. ABSENT: None.
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ -000)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), and Nordy's LLC (hereinafter "Owner ") and Casey's General Stores Inc.
(hereinafter "Applicant').
WHEREAS, Owner is the legal title holder of approximately 2.3 acres of property located
at the southeast corner of the intersection of Broadway Street and Highway 6; and
WHEREAS, the Owner and Applicant have requested the rezoning of approximately 1.3
acres of property located approximately 160 feet east of the intersection of Broadway Street and
Highway 6 from Commercial Office (CO -1) to Community Commercial (CC -2); and
WHEREAS, on March 20, 2007, the City Council approved Ordinance Number 07 -4225
rezoning approximately 1 acre of property located at the southeast corner of the intersection of
Broadway Street and Highway 6 from CO -1 to CC -2 subject to a Conditional Zoning Agreement
with requirements addressing the need for an appropriate transition and buffer from CC -2 zoning
to residential development; and
WHEREAS, the Owner and Applicant have requested modifications to the requirements of the
existing Conditional Zoning Agreement to allow an alternative design for the landscaping and
fencing requirements; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning
and modifications to the previously approved Conditional Zoning Agreement and determined that
the rezoning complies with the Comprehensive Plan provided that it meets conditions addressing
the need to achieve compatibility with adjacent residential properties; and
WHEREAS, Iowa Code §414.5 (2013) 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 to minimize and mitigate the impact of commercial
development on nearby residential uses; and
WHEREAS, the Owner and Applicant agree to develop this property in accordance with the
terms and conditions of a Conditional Zoning Pgreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Nordy's, LLC is the legal title holder of the property legally described as:
A portion of Lot 1, Block 2, Braverman Center, Iowa City, Iowa, as recorded in Book 7 - Page 20,
ppdadWagt/rez13 -00005 cond6onai zoning agreementdoe
Johnson County Recorder's Office, and a portion of the vacated Hollywood Blvd. R.O.W. as
described in Book 346, Page 406, and a portion of the vacated Hollywood Blvd. R.O.W. as described
in Book 1070, Page 12, more particularly described as follows:
Commencing at the NW corner of Section 23, T. 79 N., R. 6 W., of the 5th P.M.; thence S 89 052'40" E -
661.9 feet; thence S 0 °26'20" W 377.2 feet to a' /2' pipe marking the NE corner of tracts recorded in
Plat Book 7 - Page 9 and Plat Book 7, Page 20; Thence Northwesterly 140.94 feet along the south
R.O.W. line of Highway 6 along a 3015 foot radius curve concave northerly to a 518" rebar marking
the Point of Beginning of the parcel herein described; Thence Northwesterly 56.01 feet along said
3015 foot radius curve which chord bears N 68 018'07" W to the end of curvature; Thence N67056111V
161.30 feet along said South R.O.W. line to a 5/8" rebar; Thence Southwesterly -23.56 feet along a
15 foot radius curve concave southeasterly which chord bears S 67 °04' W 21.21 feet to a 518" rebar
on the easterly R.O.W. line of Broadway Street; Thence S 22 °04'W 60.00 feet along said R.O.W. line
to a 5/8" rebar marking the beginning of curvature; Thence Southwesterly 77.83 feet along said
R.O.W. line along -a 473.27 foot radius curve concave easterly with central angle of 9 025'20" to a 5/8"
rebar; Thence S 69 033'40" E 117.00 feet to a 5/8" rebar; Thence N 22 °07'42" E - 3.00 feet to a 518"
rebar; Thence S 69 033'40 "E 109.60 feet to a 518" rebar; Thence N 22 001'42" E 143.41 feet to the Point
of Beginning;
Except: That part of Lot 1, and that part of the vacated Hollywood Boulevard right -of -way all located
in Block 2, Braverman Center, Iowa City, Iowa described as follows: Commencing as point of
reference at the Southwest corner of said Lot 1; thence Northeasterly 100.2 feet along the Westerly
line of said Lot 1 and along the Easterly right -of -way line of Broadway Street and along the arc of a
473.27 foot curve concave Easterly (chord bearing North 6 034'44" East 100.0 feet (assumed bearing
for this description only)) to the point of beginning; thence continuing 77.8 feet along the Easterly
right -of -way line of said Broadway Street and along said 473.27 foot radius curve (chord bearing
North 17 021'20" East 77.7 feet) to a point of tangency; thence North 22 004' East 60.0 feet along said
Easterly right -of -way line to a point of curvature; thence northeasterly 23.6 feet along said Easterly
right -of -way line and along the arc of a 15.0 foot radius curve concave Southeasterly (chord bearing
North 67 °04' East 21.2 feet) to a point of intersection with the Southerly right -of -way line of U.S.
Highway No. 6; thence South 40 000' West 24.0 feet; thence South 29 015' West 20.0 feet; thence
South 17 °30' West 38.0 feet; thence South 20 °00' West 56.0 feet; thence South 12 °15' West 16.0 feet;
thence North 89 033'40" West 6.5 feet to the point of beginning and containing 1,117 square feet more
or less.
And: A parcel of land in Lot 1, Block 2, Braverman Center, Iowa City, Iowa, according to the plat
thereof recorded in Book 7, Page 20, Plat Records of Johnson County Iowa, and a portion of vacated
right of way of Hollywood Boulevard as more particularly described as follows:
Commencing at the northwest corner of Section 23, Township 79 North, Range 8 West of the 5th
P.M.; thence S 89 052'40" E 661.9 feet; thence S 0 026'20" W 377.2 feet to the point of beginning, said
point being the northeast comer of tracts recorded in Plat Book 7, Page 9 and Plat Book 7, Page 20;
thence S 0 °26'20" W, 260.72 feet along the east line of said tract to the southeast corner of said Lot
1; thence N 69 °33'40" W 436.31 feet along the south line of said Lot 1 to the southwest corner
thereof and the east right of way line of Broadway Street; thence northeasterly along said Broadway
Street right of way 100.20 feet along a 473.27 foot radius curve concave southeasterly with central
angle of 12 007'50 ", thence S 69 °33'40" E 117.00 feet, thence N 22 001'42" E 3.00 feet, thence S
69 033'40" E 109.60 feet, thence N 22 °01'42" E 143.41 feet to the south right of way line of Highway 6;
thence southeasterly 140.94 feet along said south right of way line along 3015 foot radius curve
concave northerly to the point of beginning.
Except: That part of Lot 1, Block 2, Braverman Center, Iowa City, Iowa described as follows:
Beginning at the Southwest corner of said Lot 1; thence Northeasterly 100.2 feet along the Westerly
line of said Lot 1 and along the Easterly right -o -way line of Broadway Street and along the arc of a
473.27 foot curve concave Easterly (chord bearing North 6 03444" East 100.0 feet (assumed bearing
for this description only); thence South 69 033'40" East 6.5 feet; thence South 8 035' West 55.0 feet;
ppdadnJagt1rez13W0D5 conditional zoning agreementdoc 2
thence South 3 °32' West 45.2 feet to a point of intersection with the South line of said Lot 1, thence
North 69 °33'34" West 7.0 feet along said South line to the point of beginning and containing an area
of 723 square feet more or less.
And: Auditor's Parcel No. 2007045, Iowa City, Johnson County, Iowa in accordance with the Plat
thereof recorded in Plat Book 52, of Page 142, in the Records of the Johnson County Recorder's
Office.
2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to
the principles of the Comprehensive Plan and the South District plan. Further, the parties
acknowledge that Iowa Code §414.5 (2013) 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:
a. The development of the property will substantially conform to the site plan attached
hereto and by reference made part of this agreement. Any significant changes
from this site plan will require approval of the Design Review Committee.
b. The development of the buildings and structures including canopies will be of a
quality design appropriate for property abutting a residential neighborhood
by including features such as stone and /or masonry materials, and muted colors
and will substantially conform to the building elevations and plans attached hereto
and by reference made part of this agreement. Any significant changes from these
designs will require approval of the Design Review Committee.
c. The measurement from grade to the bottom of the canopy shall not exceed 15
feet. The overall height of the canopy shall not exceed 18'9" from grade to the top
of the canopy except for signage that complies with the Sign Regulations. Under
canopy lighting shall be flush mounted or recessed within the canopy so that the
light source is not exposed.
d. A substantial buffer area of no less than 35 feet in width will be established
along the southern and eastern property lines. This buffer must be screened to
the S2 standard and include a decorative masonry and metal fence a minimum
five (5) feet in height and deciduous over story trees to the north of the fence.
Tree species, such as locust and pin oak, that provide a screening effect but
also allow for visibility shall be used. The trees shall be properly pruned to
assure that the bulk of the crown is located six feet above ground to help
assure visibility. The fence shall be in substantial compliance with plan titled
"Casey's General Store Fence Detail Iowa City" attached hereto and by
reference made part of this agreement.
e. Berms with plantings to be maintained at a height of between 2 feet and 2.5
feet above the berm will be installed to screen headlights as shown on the
attached site plan.
f. A landscaped setback of no less than 20 feet will be provided and maintained
along Broadway Street.
ppdadnVagt/rez1300005 condbonal zoning agreementdoc 3
g. There will be a limit of one (1) free - standing sign located in the northwest corner of
the property. There will be no building signs on the south and east sides facing the
residential development. Other fascia and monument signs are permitted as per the
code.
h. Pedestrian lighting will be provided for the sidewalk connection to Hollywood
Boulevard and the southeast corner of the property.
Lighting will be installed .on the north side of the brick piers of the fence
installed along the south property line.
Business hours will be limited to between 5:00 am and 11:00 pm.
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 (2013), and that
said conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner, Applicant and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the
terms of this Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning
Agreement shall be construed to relieve the Owner or Applicant from complying with all
other applicable local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this 14 day of NNA V 2013.
CITY OF IOWA CITY O R: ORD 'S L C
_ �--
Matthew J. Hayek, Mayor By:
Attest: APPLICANT: CASEI�"S GENERAL STORES, INC.
Mari rK. Karr, City Clerk y:
ppdadrtUagVrezl3 -00005 condgmal zoning agreementdoc 4
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
A
On this day of , A.D. 20j F, before me, the
undersigned, a notary public in and foVfhe State of Iowa, personally appeared Matthew J. Hayek
and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
SONDRAE FORT 9"dA"
Commission Number 159791 Notary Public in and for the State of Iowa
• My3ommi a� res
My commission expires: 3) 7/ 60 G
CORPORATE ACKNOWLEDGEMENT:
TATE OF IOWA )
` �• fj k ) ss:
COUNTY )
This instrument was acknowledged before me on � 5 2013 by
aarn�-ezwwAe- ei� a . We Pe&Senf of Casey's General
5 CQ� W-bi- ions
Stores, Inc.
PEAL a PATTY A. GRONEWOLD
commis�sionn Number 138814 Notary Ablic in and for said County and State
• oww ' °+*cif A ll��
ppdadnVagVrez1 3 -00D05 condtional zoning agreementdoc 5
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
ss
JOHNSON COUNTY
On this day of 013, before m ,the nders' ne , a Nota n
and for the State of Iowa, rsonal y appeared , to me
pers n Ily no n, who be sworn, did say th4t the perso c v-
(title) of Nordy's LLC and that said instrument
was igned r, / ehalf oft s mited liability company by authority of its managers and th ald-
a wledged the execution of said instrument to be untary
ac and deed of said limite 'ability company by it voluntarily
Notary Publi in and for the State of Iowa
11b a'
WILLIAM R PROWELL
$ Commission Number 176151
My Commission Expires
r September 27, 2015
ppdadn- Vagthez13 -00005 conditional zoning agreementdoc
My commission expires: 9- a 7- /
N
S! O
m
a
• m
o
o a
n ° !
W y Z
i e
v 2i
O U
N
°n
p
ca�� v
.. _,.
jo
O O Al
J3 0 � le !
i i ee g/
b
• P� b i
P
��� •� �. ��'l hyLb ♦� l l
V !`l
I
.. .......�.........
mo
J
Q
U
a
Q
U
a
=
�-
w
z
�
a
�
>
Z
�
N>
Z6
K>
w
�
Qy
O�
z>
�Q
W>
w3
w}
O
Q
o�
Um
00
4Z
J
°wa
iiQ
°w >
a
Q
oQ
w
°wa
°o
Q
o0
z
°wa
°aW
a °w
a�
a�
as
as
as
a�
J
N
S! O
m
a
• m
o
o a
n ° !
W y Z
i e
v 2i
O U
N
°n
p
ca�� v
.. _,.
jo
O O Al
J3 0 � le !
i i ee g/
b
• P� b i
P
��� •� �. ��'l hyLb ♦� l l
V !`l
I
.. .......�.........
mo
•
;|
§
/
1P
§
�|
!
\"
■!
||
HIS
|
§
||
§
MEMO
.....
!|
§
q
f
� ■,
�
� :.
|
t '
|
��
■ �|
;
|■
]-
|
\
z_
• [
s•r
\ : ,�
—��
,�
a
�
;t
-
}
|�
� )
/�•�
�
|�
`A
§t
�
�
�
■
\
|`!
Al
b
3 �
�• � N � t 8 �3 tlCa� �Ib � O y `�� n°
&€ d
N
-a LL U N E N
x C 33 3Q33 _ b d C
9Y yg C €. e(�$i m 3 >3�tl s�63ip� c m:
ZEg a$ �y$ 4bd•t? ? =e 3� ag5 " .cy5� o„
oil
Cad a
Hi
y€g�a:�
p F'aa� W aY°JM a33Jd g3
T. E a agp d {3 a4' yy` 6�0
�gg m 3 3 3 3 E �� 3S Hill 1.
Yggaz�
e $ o l
g �
m
J
a 3
a
J'3 �
4� bggb Q " 9 L� LK LC
$5 E� g`g5
's
N E c
• m
0
V
N
o � � r, ri r,. .,: E 4
m N
cl
§y _
ae.ryi<
A§ O
L
LL g$�
S3l
U) z 3 n Y
z
L
S wemew, L
jig
L Wt
9a 0 tl L
�a o
W d o
Lu
E
ggqq
g<6 k > e
m Ba w n
r w N
€ LL
3 "
O O O O
u y &3y3g 3 u c
SIWO�
a
't ee°ew, g weweoa.. r
gS$ 5
ma
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA
ZONING AGREEMENT
THIS AGREEMENT is made between
(hereinafter "City"), and Nordy's LLC {
(hereinafter "Applicant ").
WHEREAS, Owner is the legal title H
at the southeast corner of the intersection of
City of Iowa City, Iowa,
nafter "Owner ") and Cw
356 -5251 (REZ -000)
municipal corporation
s General Stores Inc.
of approximately 0 acres of property located
iwav Street and Highway 6; and
WHEREAS, the Owner and Applicant ave requested th rezoning of approximately 1.3
acres of property located approximately 160 f t east of the inte ection of Broadway Street and
Highway 6 from Commercial Office (CO -1) to mmunity Corn ercial (CC -2); and
WHEREAS, on March 20, 2007, the C' Council ap oved Ordinance Number 07 -4228
rezoning approximately 1 acre of property locate at the s heast corner of the intersection of
Broadway Street and Highway 6 from CO -1 to C 2 subje to a Conditional Zoning Agreement
with requirements addressing the need for an app priate ansition and buffer from CC -2 zoning
to residential development; and
WHEREAS, the Owner and Applicant have reque d modfications to the requirements of the
existing Conditional Zoning Agreement to allow an Iternative design for the landscaping and
fencing requirements; and
WHEREAS, the Planning and Zoning Co issi n has reviewed the proposed rezoning
and modifications to the previously approved Co ditiona Zoning Agreement and determined that
the rezoning complies with the Comprehensive Ian prov ed that it meets conditions addressing
the need to achieve compatibility with adjacent esidential operties; and
WHEREAS, Iowa Code §414.5 (201A provides tha the City of Iowa City may impose
reasonable conditions on granting an applicant's rezonino request, over and above existing
regulations, in order to satisfy public nee* caused by the re uested change; and
WHEREAS, the Owner and Applicant acknowle a that certain conditions and
restrictions are reasonable to ensur the development of th property is consistent with the
Comprehensive Plan and the nee to minimize and miti to the impact of commercial
development on nearby residential es; and
WHEREAS, the Owner and Ap Icant agree to develop this pr perty in accordance with the
terms and conditions of a Condi 'oval Zoning Pgreement.
NOW, THEREFORE, in consideration of the mutual promises c ntained herein, the parties
agree as follows:
1. Nordy's, LLC is the legal title holder of the property legally escribed as:
A portion of Lot 1, Block 2, Braverman Center, Iowa City, Iowa, as recorded in Book 7 - Page 20,
ppoadNagV=13-mm conddonw zoning agreememdoa
Johnson County Recorder's Office, and a portion of the vacated Hollywood Blvd. R.O.W. as
described in Book 346, Page 406, and a portion of the vacated Hollywood Blvd. R.O.W. as described
In Book 1070, Page 12, more particularly described as follows:
Commencing at the NW corner of Section 23, T. 79 N., R. 6 W., of the 5th P.M.; thence S 89 952'40" E -
661.9.feet; thence S 0 °26'20" W 377.2 feet to a '/7' pipe marking the NE corner of tracts recorded in
Plat Book 7 - Page 9 and Plat Book 7, Page 20; Thence Northwesterly 140.94 feet along the south
R.O.W. line of Highway 6 along a 3015 foot radius curve concave northerly to a 518" rebar marking
the Point of Beginning of the parcel herein described; Thence Northwesterly 56.01 feet along said
3015 foot radius curve which chord bears N 68 °18'07" W to the end of cury ture; Thence N67 °56'W
161.30 feet along said South R.O.W. line to a 518" rebar; Then erly -23.56 feet along a
15 foot radius curve concave southeasterly which chord bears S 67 °04' W 1.21 feet to a 518" rebar
on the easterly R.O.W. line of Broadway Street; Thence S 22°04'W 60.00 et along said R.O.W. line
to a 518" rebar marking the beginning of curvature; Thence I ' theses rlY 77.83 feet along said
R.O.W. line along a 473.27 foot radius curve concave easterly with centre angle of 9 026'20" to a 518"
rebar; Thence S 69 033'40" E 117.00 feet to a 518" rebar; Thence N 22 °0 42" E - 3.00 feet to a 518"
rebar; Thence S 69 033'40 "E 109.60 feet to a 518" rebar; Thence N 22°01' " E 143.41 feet to the Point
of Beginning,
Except: That part of Lot 1, and that part of the vacated Hollyw/dB evard right -of -way all located
in Block 2, Braverman Center, Iowa City, Iowa described s: Commencing as point of
reference at the Southwest corner of said Lot 1; thence North 100.2 feet along the Westerly
line of said Lot 1„ and along the Easterly right- of-way line of By Street and along the are of a
473.27 foot curve ncave Easterly (chord bearing North 6 °34st 100.0 feet (assumed bearing
for this description o ) to the point of beginning; thence cng 77.8 feet along the sterly
right -of -way line of said adway Street and along said 47t radius curve (c)db ring
North 17 °21'20" East 77.7 fee o a point of tangency; thence 2 °04' East 60.0 fesaid
Easterly right- of-way line to a po of curvature; thence nort y 23.6 feet along erly
right -of -way line and along the arc of .0 foot radius cury e Southeasterly (cring
North 67 °04' East 21.2 feet) to a point o rsection with the Southerly right -of -waU.S.
Highway No. 6; thence South 40 °00' West 24. t the a South 29 °15' West 20.0 nce
South 17 °30' West 38.0 feet; thence South 20 °00' Wes eet*, thence South 12 °15' Wfeet;
thence North 89 °33'40" West 6.5 feet to the point of begi ing a ore
or less.
And: A parcel of land in Lot 1, Block 2, Braverman enter, Iowa City, Iowa, according to the plat
thereof recorded in Book 7, Page 20, Plat Records of Johnson County Iowa, and a portion of vacated
right of way of Hollywood Boulevard as more partic larly described as follows:
Commencing at the northwest corner of Sectio 23, Township 79 North, Range 8 West of the. 5th
P.M.; thence S 89 °52140" E 661.9 feet; thence S °26'20" W 377.2 feet to the point of beginning, said
point being the northeast comer of tracts rec ded In Plat Book 7, Page 9 and Plat Book 7, Page 20;
thence S 0 026'20" W, 260.72 feet along the e t line of said tract to the southeast comer of said Lot
1; thence N 69 133'40" W 436.31 feet alon the south line of said Lot 1 to the southwest corner
thereof and the east right of way line of Br adway Street; thence northeasterly along said Broadway
Street right of way 100.20 feet along a 47 .27 foot radius curve concave southeasterly with central
angle of 12 °07'50 ", thence S 69 033'40" E 117.00 feet, thence N 22 °01'42" E 3.00 feet, thence S
69 °3310" E 109.60 feet, thence N 22 °0 42" E 143.41 feet to the south right of way line of Highway 6;
thence southeasterly 140.94 feet at g said south right of way line along 3015 foot radius curve
concave northerly to the point of be nning.
Except: That part of Lot 1, Bloc 2, Braverman Center, Iowa City, Iowa described as follows:
Beginning at the Southwest cor r of said Lot 1; thence Northeasterly 100.2 feet along the Westerly
line of said Lot 1 and along th Easterly right -o -way line of Broadway Street and along the arc of a
473.27 foot curve concave Ea terly (chord bearing North 6 03444" East 100.0 feet (assumed bearing
for this description only); thence South 69 °33'40" East 6.5 feet; thence South 8 035' West 55.0 feet;
ppdadMagV=i 3-0DW5 0DW10nO inning agreementdm 2
thence South 3 032' West 45.2 feet to a point of intersection with the South line of said Lot 1, thence
North 69 °33'34" West 7.0 feet along said South line to the point of beginning and containing an area
of 723 square feet more or less.
And: Auditor's Parcel No. 2007045, Iowa City, Johnson County, Iowa in accordance with the Plat
thereof recorded in Plat Book 52, of Page 142, in the Records of the Johnson County Recorder's
Office.
2. The Owner and Applicant acknowledge that the City wis es tto ensure conformance to
the principles of the Comprehensive Plan and the South is tric t plan. Further, the parties
acknowledge that Iowa Code §414.5 (2013) provides hat the City of Iowa City may
i se reasonable conditions on granting an appli is rezoning request, over and
above existing regulations, in order to satisfy publ' needs caused by the requested
change.
3. In consideration of City's rezoning the subject roperty, Owner and Applicant agree
that development of th bject property will co orm to all other requirements of the
zoning chapter, as well as th flowing condition .
a. The development of the prope to sub tantially conform to the site plan attached
hereto and by reference made part s agreement. Any significant changes
from this site plan will require approva o esign Review Committee. �
b. The development of the buildings a structures inc g canopies will f a
quality design appropriate for prop abutting a residential neighborhood
by including features such as sto a and /or masonry materials, and muted colors
and will substantially conform t he building elevations and plans attached hereto
and by reference made part of is agreement. Any significant changes from these
designs will require approval f the Design Review Committee.
c. The measurement from gr a to the bottom of the canopy shall not exceed 15
feet. The overall height of a canopy shall not exceed 18'9" from grade to the top
of the canopy except for Ignage that complies with the Sign Regulations. Under
canopy lighting shall be ush mounted or recessed within the canopy so that the
light source is not exp ed.
d. A substantial buffer ea of no less than 35 feet in width will be established
along the southern nd eastern property lines. This buffer must be screened to
the S2 standard a include a decorative masonry and metal fence a minimum
five (5) feet In hei t and deciduous over story trees to the north of the fence.
Tree species, s h as locust and pin oak, that provide a screening effect but
also allow for vi ibility shall be used. The trees shall be properly pruned to
assure that th bulk of the crown is located six feet above ground to help
assure visibili . The fence shall be in substantial compliance with plan titled
"Casey's Ge eral Store Fence Detail Iowa City" attached hereto and by
reference de part of this agreement.
e. Berms wi plantings to be maintained at a height of between 2 feet and 2.5
feet abo a the berm will be installed to screen headlights as shown on the
attach site plan.
f. A landscaped setback of no less than 20 feet will be provided and maintained
along Broadway Street.
ppdad 0 Vrezl3-0DW6 wndd"W zor*V agreementdoc 3
g. There will be a limit of one (1) free- standing sign located in the northwest corner of
the property. There will be no building signs on the south and east sides facing the
residential development. Other fascia and monument signs are permitted as per the
code.
h. Pedestrian lighting will be provided for the sidewalk connection to Hollywood
Boulevard and the southeast corner of the property.
i. Ligh\Appl installed on the north side of the brick piers of the fence
instathe south property line.
j. Busi will be limited to between 5:00 am a/1:00
4. The Ownnt and City acknowledge that the cntained here in are
reasonabls to impose on the land under Iowa 5 (2013), and that
said condpublic needs that are caused by th oning change.
5. The Owner, Applican and City acknowledge that in a event the subject property is
transferred, sold, rede eloped, or subdivided/,unless all r evelopment will conform with the
terms of this Conditiona Zoning Agreement
6. The parties acknowledge hat this Conditiog Agreement shall be deemed to be
a covenant running with t land and with land, and shall remain in full force
and effect as a covenant 'th title to the I or until released of record by the
City of Iowa City.
The parties further acknowler e that thagreement shall inure to the benefit of and bind
all successors, representative and a gns of the parties.
7. The Owner and Applicant kn ledge that nothing in this Conditional Zoning
Agreement shall be construed t lieve the Owner or Applicant from complying with all
other applicable local, state, an ederal regulations.
The parties agree that
reference into the ordin,
publication of the ordirr
Recorder's Office at tv
Dated this
CITY OF IOVVX CITY
Matthew J. Hayek, Mayor
Attest:
thi 'ng Con itional Zoning Agreement shall be incorporated by
re the subject property, and that upon adoption and
ce, this greement shall be recorded in the Johnson County
Applicant's xpense.
2013.
� � •`r
APPLICANT: CASEY'S GENERAL STORES, INC.
Marian K. Karr, City Clerk By:
ppd*&ftgVmz13 -WW5 conduono zoning eprownentdoc 4
g. There will be a limit of one (1) free - standing sign located in the northwest corner of
the property. There will be no building signs on the south and east sides facing the
residential development. Other fascia and monument signs are permitted as per the
code. _
h. Pedestrian lighting will be provided for the sidewalk connection to Hollywood
Boulevard and the southeast corner of the property. /
Ligh 'ng will be installed on the north side of the brick iers of the fence
installqd along the south property line.
ours will be limited to between 5:00 am qhd 11:00 pm.
4. The Owner, Appli t and City acknowledge that the/ conditions contained herein are
reasonable condition to impose on the land under IgWa Code §414.5 (2013), and that
said conditions satisfy Nblic needs that are caused bt the requested zoning change.
5. The Owner, Applicant an City acknowledge that In the event the subject property is
transferred, sold, redevelo d, or subdivided, all )edevelopment will conform with the
terms of this Conditional Zoni g Agreement.
6. The parties acknowledge that t ' Conditional Z ping Agreement shall be deemed to be
a covenant running with the land nd with title Jo the land, and shall remain in full force
and effect as a covenant with title o the land unless or until released of record by the
City of Iowa City.
The parties further acknowledge that th\ agreement shall inure to the benefit of and bind
all successors, representatives, and ass )0s of the parties.
7. The Owner and Applicant acknowle g that nothing in this Conditional Zoning
Agreement shall be construed to retie the Owner or Applicant from complying with all
other applicable local, state, and fede al regu tions.
8. The parties agree that this Con ' ional Zonin Agreement shall be incorporated by
reference into the ordinance rezo ing the subjec property, and that upon adoption and
publication of the ordinance, thi agreement shal be recorded in the Johnson County
Recorder's Office at the Applica is expense.
Dated this day of
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
2013.
OWNER: NORDY'S
By:
APPLICANT: CASEY'S GENERAL STORES, INC.
ppdadmlagWaz13-00W5eon0fiond zaiing aTeement.doc 4
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA
JOHNSON COUNTY )
On this day of
undersigned, a notary public in d for the State of Iowa, perso
and Marian K. Karr, to me perso Ily known, who being by me
the Mayor and City Clerk, respect ely, of said municipal corl
foregoing instrument; that the seal fixed thereto is the seal c
said instrument was signed and seale on behalf of said mu*
City Council; and that the said Mayor nd 'City Clerk as c
execution of said instrument to be the v luntary act and d
them voluntarily executed.
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA }
) ss:
JOHNSON COUNTY )
This instrument was
Stores, Inc.
My
before
as
A.D. 20 , before me, the
gall appeared Matthew J. Hayek
J sworn, did say that they are
ation executing the within and
said municipal corporation; that
pal corporation by authority of its
officers acknowledged that the
of said corporation, by it and by
in and for the State of Iowa
expires:
on
2013 by
of Casey's General
Notary Public in and for said County and State
ppftdWaguroz13-WW5 ooraHOW zoning agreeMOAWM 5
Marian Karr
From:
Wally Pelds <wally @pelds.com>
Sent:
Tuesday, April 30, 2013 9:08 AM
To:
Marian Karr
Subject:
Rezoning for Casey's General Stores
Dear Mirian,
I would like to request that the second and third readings for the Rezoning of our Iowa City Casey's project at 1906
Broadway be consolidated. We are making this request as no objections were heard at the first reading and that we
would like to begin construction as soon as possible.
Thank you for your assistance in this matter.
Wally Pelds, PE & LSI
A. LEO PELDS ENGINEERING COMPANY
2323 Dixon Street
Des Moines, IA 50316
PH: 515.265.8196
00-%6�
419 - "-
71
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240
ORDINANCE NO. 13 -4530
ORDINANCE AMENDING TITLE 14 OF THE ZONING CODE TO MODIFY THE PROCESS FOR
DELINEATING WOODLAND BUFFERS AND COUNTING PRESERVED TREES AND WOODLANDS
TOWARD ANY TREE REPLACEMENT OR MITIGATION REQUIREMENTS.
WHEREAS, the Sensitive Areas Ordinance currently specifies that woodland areas designated for
protection must include a buffer area that extends 50 feet outward from the trunks of the trees to be
preserved; and
WHEREAS, this buffer area is intended to protect the trees within the specified retention area; and
WHEREAS, since an undetermined number of trees within the designated 50 -foot buffer would be prone
to damage during construction the trees within the 50 -foot buffer are not counted toward the woodland
retention requirement; and
WHEREAS, this buffer method of delineating woodland retention areas is simpler and less time
consuming for a developer than conducting an on- the - ground tree survey; and
WHEREAS, it makes it more difficult to get credit for preserving trees in narrower, linear woodlands
because trees within the 50 -foot buffer are not currently included when calculating the retention area; and
WHEREAS, this zoning code amendment would give the developer the option to do a more detailed on-
site tree survey that would delineate the drip line of the trees and establish the construction limit line in a
location that will more clearly protect the trees they have identified for retention, and thus a 50 -foot buffer
would not be necessary; and
WHEREAS, the Planning and Zoning Commission has reviewed this ordinance and recommended
approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. Amend 14-51-9B-lb by deleting the existing paragraph and substituting in lieu thereof:
b. The plan must also delineate all woodlands that are to be protected according to the
Woodland Retention and Replacement Requirements in subsection C, below and all groves
that are to be protected. The delineated woodlands must include the required buffer area or,
alternatively, must delineate the drip line of trees to be retained as specified in subsection C,
below.
B. Amend 14- 51 -913-1 by inserting a new subparagraph c as follows, and renumbering the
existing paragraphs accordingly:
c. The total acreage of woodlands must be listed on the Plan, along with the percentage of
woodlands to be disturbed and the percentage that will be retained.
C. Amend 14 -51 -9C by deleting paragraph 1 and replacing it with the following:
The required woodland area to be retained must include a buffer area that extends 50 feet
outward from the trunks of the trees to be preserved, unless otherwise allowed by paragraph 2
below. This buffer area is intended to protect the trees within the specified retention area. Since
trees within this buffer area may be prone to damage during construction, they may not be
included when calculating the required retention area.
Ordinance No. 13 -4530
Page 2
D. Amend 14 -51 -9C by inserting new paragraphs 2 and 3 as follows, and renumbering the existing
paragraphs accordingly:
2. Alternatively, a 50 -foot buffer area need not be provided if an on -site tree survey is completed
and the construction limit line is established at least five feet beyond the drip line of trees to be
preserved. The tree survey must identify the species, size and location of trees at the perimeter
of the woodland to be protected. Said on -site tree survey and a map delineating the drip line of
the trees located near the construction limit line must be submitted to the City for verification by
the City Forester or designee. Additional spacing from the drip line (beyond the minimum 5 feet)
may be required if needed to protect the health of trees specified for protection, as determined
by the City Forester or designee.
3. All efforts shall be made during construction to protect the woodlands and groves designated
for retention, including placement of durable fencing or other sturdy barrier along the designated
construction limit line.
E. Amend 14- 51 -9C -2 by deleting the existing paragraph, substituting in lieu thereof the following,
renumbering it as paragraph 4, and renumbering the subsequent paragraphs accordingly:
4. If the City determines that the required woodland area cannot be retained due to site
constraints or infrastructure requirements, replacement trees must be planted. At the discretion
of the City, replacement trees may also be allowed in cases where woodlands are determined to
be of low quality, such that planting replacement trees would improve the health of a wooded
area or create a new grove or wooded area of higher quality. One tree must be planted for every
200 square feet of woodland removed from the otherwise required retention area. Existing
healthy trees (not located within the woodland) may be counted as replacement trees, at the
discretion of the City, based on the health, species, maturity, location, and likelihood of survival
during and after construction. Existing trees approved for preservation will count toward the
required replacement trees at the ratio of substitution stated in Table 5E -2 within Article 14 -5E,
Landscaping and Tree Standards.
F. Amend 14- 51 -9C-6 (currently 14- 51 -9C-4) by deleting the existing paragraph in its entirety and
substituting in lieu thereof:
6. Replacement trees must be approved by the City, and to the extent possible, should be of the
same or equivalent species as the trees being removed, unless it is determined that the trees
being removed are of a species that is considered low quality. In such a case, alternative tree
species will be considered by the City.
G. Amend 14 -51 -9D by deleting paragraph 1, inserting the following paragraphs, and renumbering
the subsequent paragraphs accordingly:
Woodlands, groves, and existing trees designated for protection according to the approved
Sensitive Areas Site Development Plan, shall be protected from construction activity with
durable fencing or other sturdy barrier approved by the City. Said protective fencing shall be
placed a minimum of 5 feet beyond the drip line of the tree or trees to be preserved.
Additional spacing of protective fencing from the drip line (beyond the minimum 5 feet) may
be required if needed to protect the health of trees specified for protection, as determined by
the City Forester or designee. The drip line is an imaginary circle that could be drawn on the
soil around a tree directly under the tips of its outermost branches. The drip line
encompasses the ground area under the entire spread of the tree canopy.
2. Measures must be taken to protect and retain groves of trees, as defined in this Title, to the
extent practicable.
Ordinance No. 13 -4530
Page 3
3. Trees preserved within groves may be counted as replacement trees, if it is determined that
the required woodland retention ratio on a site cannot be met as allowed in paragraph CA,
above. Preserved trees within groves may count toward replacement trees at the ratio of
substitution stated in Table 5E -2 within Article 14 -5E, Landscaping and Tree Standards.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 14th day of May , 2013.
MAYOR
ATTEST: au�4d
CIT CLERK
Appro ed by
City Attorney's Office
Ordinance No. 13 -4530
Page 4
It was moved by Champion and seconded by Payne that the
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
First Consideration 4/9/2013
Vote for passage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns,Hayek,
Mims. NAYS: Nbne. ABSENT: None.
Second Consideration 4/23/2013
Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims,
Payne. NAYS: None. ABSENT: None.
Date published 5/23/2013
�9 —esar -fir
7m
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12-
00030)
ORDINANCE NO. 13 -4531
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 0.465 ACRES OF LAND
FROM COMMERCIAL OFFICE (CO -1) TO HIGH DENSITY MULTI - FAMILY RESIDENTIAL
(RM -44) FOR PROPERTY LOCATED AT 821 E. JEFFERSON STREET. (REZ12- 00030)
WHEREAS, the applicant, Jeff Clark, has requested a rezoning of property located at 821 E. Jefferson
Street from Commercial Office (CO -1) to High Density Multi - Family Residential (RM -44); and
WHEREAS, the Comprehensive Plan, Central District Plan, contains policies and a land use plan map to
guide development within the older centrally located neighborhoods; and
WHEREAS, the Comprehensive Plan, Central District Plan, has been amended to indicate that high
density multi - family residential development is appropriate on this property; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the amended Comprehensive Plan provided that it meets conditions
addressing the need for neighborhood stabilization and design compatibility; 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 has 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. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of Commercial
Office (CO -1) to High Density Multi- family Residential (RM -44):
A PORTION OF BLOCK 4, ORIGINAL TOWN OF IOWA CITY ACCORDING TO THE
JOHNSON COUNTY RECORDER, THE BOUNDARIES OF WHICH ARE DESCRIBED
AS FOLLOWS: LOT 3 AND THE WEST 55 FEET OF LOT 2, IN BLOCK 4 IN IOWA
CITY, IOWA, ACCORDING TO THE PLAT THEREOF.
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.
Ordinance No. 13 -4531
Page 2
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 14th day of May '2013.
L ,6& AL
Lej
ATTEST: l���t/
CIT7 CLERK
APPWed By
City Attorney's 4f cO3 73
Ordinance No. 13 -4531
Page 3
It was moved by Dobyns and seconded by Payne that the
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
First Consideration 4/9/2013
Vote for passage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton. NAYS: None. ABSENT: None.
Second Consideration 4123,12013
Vote for passage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton. NAYS: None. ABSENT: None.
Date published 5/23/2013
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REV 2-00030)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), and 821 Jefferson LLC (hereinafter "Owner ").
WHEREAS, Owner is the legal title holder of approximately .46 acres of property located
at 821 E. Jefferson Street; and
WHEREAS, the Owner has requested the rezoning of said property from Commercial
Office (CO -1) to High- Density Multi - Family Residential (RM -44) zone;
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding design of the building and landscaping being consistent with the submitted
drawings showing 18 one - bedroom apartment units, 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 acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for neighborhood stabilization; and
WHEREAS, the Owner agrees 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. 821 Jefferson LLC is the legal title holder of the property legally.described as:
A PORTION OF BLOCK 4, ORIGINAL TOWN OF IOWA CITY ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 116 IN THE RECORDS OF
THE JOHNSON COUNTY RECORDER, THE BOUNDARIES OF WHICH ARE
DESCRIBED AS FOLLOWS: LOT 3 AND THE WEST 55 FEET OF LOT 2, IN BLOCK 4
IN IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF:
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Central District Plan. Further, the parties
acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may
impose reasonable conditions on granting an applicant's rezoning request, over and
above the existing regulations, in order to satisfy public needs caused by the requested
change.
3. In consideration of the City's rezoning the subject property, Owner 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:
ppdadmlagV821 jefferson cza draft.doc
a. That design of the building and landscaping will be generally consistent with the
submitted drawings attached hereto and by reference made part of this agreement.
b. No more than 18 one - bedroom apartments shall be constructed on the above
described property.
4. The Owner, Applicant and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that
said conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner, Applicant and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the
terms of this Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning
Agreement shall be construed to relieve the Owner or Applicant from complying with all
other applicable local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this 1 _ day of ! V 6m , 2013.
CITY OF IOWA CITY 821 JEFFERSON, L.L.C.
z:-:�. W - C
Matthew J. Hayek, Mayor By:
Attest:
Marian—K. Karr, City Clerk
Approved by:
City Attorney's Office
ppdadm /agV821jefferson cza draft.doc 2
0
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on N1A14 lei 2013, by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
4ii S ONDRAE FORT (Stamp or Seal) Commission 1
Title (and Rank)
821 Jefferson, L.L.C. ACKNOWLEDGEMENT:
STATE OF IOWA
) ss
JOHNSON COUNTY )
This instrument was acknowledged before me on ri 2013, by
�- ,Sj4re 121. O-Z a Ck- as 0uJ)--e r- of 821 Jefferson,
L. L.C.
Notary Public in and for said County and State
(Stamp or Seal)
'I, d' KELLIE K. TUTTLE
Title and Rank o' Commission Number 221819
( ) My C 4pires
j
ppdadm 1agt/821 jefferson cza draft.doc 3
135-28'
r v
I�
UM. 5 UM 1 Unii I
GO
Proposed 18 -Unit Apartment Building
Site Plan of 821 Jefferson Street
821 Jefferson LLC
411 E. Muke Sore
lows Uy. IA 5224S
Shdlq MX,?T nF. rlalgnr
Fdirusry M. Mil
3�i -0u
4
•N
v
v
0
N
a
d I
•0 N
00 N 0 �S
6ri
V+ VII- V
A
0
0 .
w
4)
.Q
I
U
�
N a
�
N
�*I -r CITY OF IOWA CITY
Olt 11W�� MEMORANDUM
Date: May 6, 2013
To: Tom Markus, City Manager
From: Chris O'Brien, Director of Transportation Services
Re: Parking Fee Amendments for FY2014
Introduction: At the May 14, 2013 City Council meeting, consideration will be given to an
ordinance amending parking fees, rates and fines beginning July 1, 2013.
History /background: As a part of the approved FY2014 budget, the Transportation Services
Department outlined a fee structure that included several changes in order to move forward with
a "First Hour Free" parking initiative. This initiative arose through ongoing discussions with the
Iowa City Downtown District (ICDD) that began in June of 2012. These discussions led to a list
of priorities from the ICDD directed at making downtown parking more accessible and
convenient for the visitors to downtown Iowa City. A secondary goal was to create a rate
structure that could enable the City and ICDD to market parking in a positive way to the public.
Multiple capital projects are underway that lay the foundation for addressing the priorities
of both the Transportation Services Department and the ICDD. The old coin operated meters
are in the process of being upgraded to new units that include ways to improve convenience
and access to information for our customers. Parking access control equipment will be installed
at the Court Street Transportation Center to allow the first hour free rate structure and to
improve flexibility in assigning permits. Both of these projects will also improve our operating
efficiencies.
Discussion of changes: The average stay in our parking facilities is 3 hours. By offering first
hour free, one -third of facility hourly parking revenues, or roughly $825,000 is estimated to be
lost as a result of this change. In order to maintain the solvency of this enterprise fund, several
changes need to be implemented to balance out the lost revenues. In addition to ensuring
financial solvency, the proposed changes aim to align our rate structure with best practices and
commonly agreed upon planning principles. These include incentives for parking in the decks,
such as lower rates, while charging higher rates on- street where demand is greater and
continual turnover of spaces is desired to foster a vibrant business environment. Additionally,
after consulting with the ICDD, we will be implementing changes to extend enforcement hours in
the downtown core from 5:00pm to 6:00pm which will help encourage turnover during this time
of high demand. Following is a detailed summary of the current fee structure and the changes
that are being proposed.
Off - street (Parking Facilities)
Hourly Parking
Capitol Street
Dubuque Street
Tower Place
Court Street
Chanucey Swan
Lost Ticket Fee
On- Street (Including Surface Lots)
Parking Meter Fees
Central Business District
Current Proposed
$0.75/hr Hour 1 - Free, Hours 2+ $1.00 /hr
$0.75/hr Hour 1 - Free, Hours 2+ $1.00 /hr
$0.75/hr Hour 1 - Free, Hours 2+ $1.00 /hr
$0.60 /hr Hour 1 - Free, Hours 2+ $1.00 /hr
$0.60 /hr $0.75/hr
$18.00 $23.00
Current Proposed
$0.75/hr $1.50 /hr
May 6, 2013
Page 2
Areas adjacent to CBD
$0.75/hr
$1.00 /hr
High use meter areas
$0.75/hr
$1.00 /hr
Peripheral areas
$0.50 /hr
$0.75/hr
Contractor fees per space
$12.00
$20.00
Citations
Current*
Proposed **
Expired meters
1st
$0
$0.00
2nd
$5.00
$7.00
3rd
$10.00
$12.00
4th
$10.00
$15.00
5th
$15.00
$20.00
6th
$15.00
$25.00
7th
$20.00
8th
$20.00
9th
$25.00
*Resets every 7/1 & 1/1
**Will reset every 7/1 only
Miscellaneous
Current
Proposed
Scooter /Moped /Motorcycle Permits
$45.00 per year
$70.00 per year in FY14
$90.00 per year in FY15
Financial Impact: These changes are all proposed in order to maintain the solvency of our
parking operation as we looked to balance the loss of revenues associated with offering the first
hour free in four of our five parking facilities. It is our belief that the resulting net impact of all of
the proposed changes will balance out the lost revenues. Staff will monitor the impact of these
changes on parking revenues and recommend future changes as needed.
Recommendation: These recommended changes were developed through lengthy
discussions with the ICDD as well as research of similar models across the country. I have
attached a letter of endorsement sent by the ICDD that supports the proposed program. We
also feel that these changes correlate with multiple strategic plan initiatives of the council
including Economic and Community Development as well as Development of the Downtown
and Near Downtown Areas. The Transportation Services Department recommends approval of
these fee amendments.
Geoff Fruln, Assistant to the City (Manager
City of Iowa City
410 E Washington Street
Iowa City, IA 82240
Dear Geoff,
We are pleased to Inform you that on January 23, 2013, the Iowa City Downtown District (ICDD)
Board of Directors unanimously endorsed the parking proposal that you, Chris O'Brien, and
other staff have worked with us on so diligently. As you are aware, addressing parking
challenges Downtown is one of the CDD's top priorities. We feel that this parking proposal is a
solid step In the right direction and most businesses are very enthused about the Idea of one
hour of free parking In the three parking garages In the Downtown core. As the City takes it's
next steps towards implementation of this proposal, the ICDD will remain invested in working
with you on the final details of where meters will be placed, the kind of technology used, and the
future of the 'Shop -n- Park" program.
A unanimous vote does not come easily. We are very appreciative of the time you and your
staff took to present information to our board, the public, as well as one- on-ons meetings with
concerned Board members and individuals. We thank you for working with us to ensure that the
ICDD remains accessible and convenient for our customers and visitors to the area.
Sincerely,
/I/ 1'V- L(t,_,_ve
Nancy Bird, AICP
Executive Director
Iowa City Downtown District
Karen Kubby
ICDD Board President
Owner, Beadology
Iowa City Downtown District 14 % S. Clinton Street, Iowa City, to 52240 319 - 3540863
13
Prepared by: Chris O'Brien, Director of Transportation Services 410 E. Washington Street, Iowa City, IA 52240; 319-
356 -5156
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE
OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING
VIOLATIONS, TO AMEND PARKING FEES, RATES, AND FINES.
WHEREAS, Iowa City Code section 3-4 -8: Parking Violations: sets the Amount of Fee, Charge, Bond,
Fine and Penalty for various Parking matters; and
WHEREAS, the City wishes to offer the first hour of parking free in the Court Street, Capitol Street,
Dubuque Street and Tower Place facilities; and
WHEREAS, the City wishes to work to reduce downtown congestion by increasing meter rates and
citation fine amounts, including escalation for habitual offenders; 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 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING VIOLATIONS: is hereby
amended by deleting it in its entirety and replacing it as follows:
34-8: PARKING VIOLATIONS:
Amount of Fee, Charge, Fine or
Description of Fee, Charge, Fine or Penalty 113enalty
........ ....................... .._...._ ............. _.........._......_...- ........... ........ ._..... ............... __._...._.._.._............. .... __.._ ..... _................................ ............. -......_._ .......... ......... ....�.......... -- _.._..._....._............... _..._........................... _._._._. ... _ ........................................ ... _.. .............
.
Parking Ramp fees:
Hourly parker (Court Street Transportation Center, _ First Hour = Free
Tower Place, Capital Street, and Dubuque Street Hours 2+ = $1.00 per hour
parking ramps),
Hourly parker (Chauncey Swan), per hour
.. . ............................ .
Monthly all day permits with advance payment (Court
80.00
Street Transportation Center, Chauncey Swan, Tower
Place, Capital Street, and Dubuque Street parking
per month
Anramps),
permits with ance payment (Court
nual all day adv
912.00
Street Transportation Center, Chauncey Swan, Tower
Place, Capital Street, and Dubuque Street parking
ramps), per year
Reissue of monthly, quarterly or annual permit, each
25.00
reissue
City employee monthly all day permits, per month
Half price
.._..._..........._..........._
_. .............. _.__ .................. ... ....... ............................................................ ... ...... ... _ ............... .._........_..._.........._.............._...__......_..._._.... ..........................._.._ ...._..............._......---......._......_.._...................._......._......_.............................._..__.................._
Lost Ticket Fee 1
23.00 .
Surface lot fees:
Monthly all day permits, per month 1 60.00
Monthly all day permits (annual advance payment), per
year
Monthly off hours permits (after 5:00 P.M., Monday
through Friday, all day Saturday and Sunday), per
month - all city surface lots
684.00
54.00
Parking meter fees: (except as otherwise marked)
.. ...... - ............ ..............._.......... ......_.._....... .... .......... _.... .
____________..___ ..______.__.__..____._.._.__ -__ ....___ ___..._.____............._..._. _....._._..__
Central business district on street meter, per hour
__._.______....______._._____._
1.50
Central business district lot meter, per hour
1.50
100 - 300 blocks of East Jefferson Street, per hour
1.50
.._ ........ ...._.._______.._.__._.._ ._...__.____ _..__..._.__........__._..___.__..._..._...._____.
100 - 200 blocks of North Clinton Street, per hour
_.___.__.._.._____....._..._...
1.00
........... ...... . ................................................. ..
......................................................................................................-......__ .... . ............... ... . ... __ ...... ..... _ .. ... .............. ..... ........... .......................... .................... ........................... ....... ..... .................. - ...... ... .. ............. .............................
. ._.
10 block of West Court Street, per hour j
.... .................
1.00
10 - 300 block of East Court Street, per hour)
1.00
_____._.__..._..___.___.__.____... ._._..._._.___._...._._._..____ ___._.__....__.._.__...._ ._.._........_.._._...___...... __..._.__._..__......._......__..__.__._..._.__.___.___
300 block of South Linn Street, per hour
................ .. _.._...__......--------------
1.00
.._ ... _ ............. .......... . ..... ................................ ........... .......................... ....................................... ............ ................. . ................ -- ........... .... .......... _ ...... . ................... ...... ...... _
300 block of South Dubuque Street, per hour
1.00
300 block of South Clinton Street, per hour
1.00
100 - 300 blocks of East Market Street, per hour
1.00
... ......... ... .......................... .... ..... .... .... .... ... ...._..........................
_.._ ........ . ...... _._................. ..... .................................- ............... .... .......... _ ........................ _ .... ..... __ ................................... ... _._._. ....................... .... _ ......................... !....... ..... .... ............... _..._ ............................................. ....._.
100 - 200 block of North Linn Street, per hour i
1.00
400 block of Iowa Avenue, per hour
1.00
Market Street and Schuman parkin lots, p er hour
1.00
_.._.._.. .......... ...... ................. _ ..... ............. _....................................
..._...._._..........................g ..
..... ..... .......... ...... _................__......__.................-..................................... .... _........... ................... _ ... . ...... .. ..... ............................................................. _ ............ ..._ ....... ............... ..........
. . . . .............. .. .
Peripheral lot meter (outside central business district),
0.75
per hour
10.00
Peripheral on street meter (outside central business
0.75
district), per hour
20.00 second and subsequent
Fee for contractor reservation of space, per day � _..........__......._...._.....
20.00
-......... ............ ._...._. ....... ........... ...... -- ......_.._..............
_. ........_...._......_....__.... — .._._._..._.._.._............_........_.......---......_.........__.._........__...__._ .........................._................._......................................_._....._........._...._............_.....
Moped /Scooter /Motorcycle Permit (Annual permit)
w
January 1, 2014 - December 31, 2014 ��
70.00
January 1, 2015 -
90.00
..._.._ ........... _ ............... _ ........ __ ... . ... - ......... __ ...... ._._ ..... _ ..................... _.........-... ...... _ ......... __ .............. _ ..... ... _ ............................ - ....................... ........... ... ....... ..... _
Fines for parking violations:
.. ...... - ............ ..............._.......... ......_.._....... .... .......... _.... .
10.00
Commercial loading zone
�� 25.00
......... . ...... .............................. ................ . ................. __ .................... ........ .... ......... ........ --.._ ........ ..... .......... _ ....... ....... ...................................... ................ ..... _.........................
Expired meter
............................. ..........__..__..._......
1St citation each _ . .
period: warni..n g
2nd citation each period: 7.00
Each period runs from July 1St until June 30th of the
3rd citation each period: 12.00
subsequent year.
4th citation each period: 15.00
5th citation each period: 20.00
6th + citation each period: 25.00
_..._..__..._. .... _......._ ............................. _ ..... _...._.._.__._............ _ ................. --...._. ..... .............. ....................... .... _ ........ _ .... _._. ........ _ ................... ....._............__.._......_.............._........................_.........._....................................................................._.........._..
Prohibited zone
...............................
15.00 _
Illegal parking - handicapped parking space
_ 100.00, or as specified in Iowa
Code Section 321.236(1)(b), as
amended, for violations of Iowa
Code Section 321 L.4(2)
1 hour restricted zone, City Hall lot
[-----10.00
............_..................
..... .._ ..............................__._..__._................_........_......_.__.._..._._.._-..._._........__...........................__._._...._............_..............................._.._..__............_....................._............................_........_..................._....................................................._...............................
Library patron only parking
10.00
Library outside book drop off only
10.00 first offense
20.00 second and subsequent
offense
M
Parking in passenger loading zone
� 15.00
All other illegal parking violations
............... _...._..._.__..._..........- --..._.__._....__....... ........_....._...........__... .-..........._..............._.._.._..__....__...__._._.._.__.._...._......................_......_._._..........__._._................_._......_..._..._...._.._.........................._.._...__.........._.._...._......................-
Increases: 30 days after issue, all parking violations, if `
Original ticket amount + $5.00
not already paid or appealed, shall increase in amount
by $5.00, or as allowed by Iowa Code Section
321.236(1)(b), as amended.
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 on July 1, 2013.
Passed and approved this day of 12013.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 5/14/2013
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens,
Dobyns. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
✓`J
Prepared by: Chris O'Brien, Director of Transportation Services 410 E. Washington Street, Iowa City, IA 52240; 319 -
356 -5156
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE
OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING
VIOLATIONS, TO AMEND PARKING FEES, RATES, AND FINES.
WHEREAS, Iowa City Code section 3-4 -8: Parking Violations: sets the A unt of Fee, Charge, Bond,
Fine and Penalty for various Parking matters; and
WHEREAS, the C wishes to offer the first hour of parking free in the ourt Street, Capitol Street,
Dubuque Street and To r Place facilities; and
WHEREAS, the City he s to work to reduce downtown congestion b increasing meter rates and
citation fine amounts, includi escalation for habitual offenders; and
WHEREAS, it is in the bes 'nterest of the City to adopt this amendme .
NOW, THEREFORE, BE I RDAINED BY THE CITY COUNCIL F THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 3, FINANCES TAXATION ND FEES, CHAPTER 4 SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND PE LTIES, SECTION 8, ARKING VIOLATIONS: is hereby
amended by deleting it in its entirety and rep cing it as follows:
3-4-8: PARKING VIOLATIONS:
Description of fee, Charge, Fine or Penalty
........ _ .............................. ....._...............................................................................................__._............. .................._............ __ ..... _. .... ...
Parkins Ramp fees:
Amount of Fee, Charge, Fine or
Penalty
................................................... . .............................................................. _. .__._.._............_.........................................
Hourly parker (Court Street Transportation Center,
First Hour = Free
Tower Place, Capital Street, and Dubuque Street
ours 2+ = $1.00 per hour
parking ramps),
Hourly parker (Chauncey Swan), per hour
$0.75
..... .... ......................... .........................................
,......._....................................................................._.__................................................................................................._............__............................ ...............................
Monthly all day permits with advance payment Court
................................................................ .........................................
80.00
Street Transportation Center, Chauncey Swa , Tower
Place, Capital Street, and Dubuque Street p irking
ramps), per month
Annual all day permits with advance pay nt (Court
912.00
Street Transportation Center, Chauncey wan, Tower
Place, Capital Street, and Dubuque St r et parking
ramps), per year
Reissue of monthly, quarterly or an al permit, each
25.00
reissue
City employee monthly all day p rmits, per month
Half price'
.......... . ......... ....................
.............. .... ......... ........ ..... .........
Lost Ticket Fee ,
..............................................................
i 20.00
Surface lot fees:
Monthly all day permits, per month 60.00
.. ................. . ........................... . . . ....................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ .............................................. . ...............................
Monthly all day permits (annual advance payment), per .... 684.00
year
Monthly off hours permits (after 5:00 P.M., Monday _ 54.00
through Friday, all day Saturday and Sunday), per
month - all city surface lots
Parkina meter fees: (except as otherwise marked
Central business district on street meter, per hour
1.50
_.... _....
....... _...... .. .............................................. _..._ ............... . �.........._._ ................. .__...
Central business district lot meter, per hour
.......... .......................................................... .._.._.. .........
1.50
100 - 300 blocks of East Jefferson Street, per hour
F 1.50
100-200 ocks of North Clinton Street, per hour
� 00
.... ...._._ .............__..._ ...................._......_..................___.._..__._._..._.....__._........__............. .............._............__.. _......._............................................_.............._..__....__........._._............_............_
10 block of t Court Street, per hour
..................... ........................................_......... ........ ...............................
1.00
10 — 300 block o ast Court Street, per hour
1.00
300 block of South Li Street, per hour
1.00
--- ......................................................................................._...........__..............._................................................._.._..........................................._...................................................................................................................................................
300 block of South Dub ue Street, per hour
...............................
1.00
300 block of South Clinton reet, per hour _
1.00
100 - 300 blocks of East Mark Street, per hour
1.00
............................... ... .............__. _ ........ ............ .........
100 - 200 block of North Linn Str t, per hour
1.00
400 block of Iowa Avenue, per hour
1.00
Market Street and Schuman parking to per hour
�� .1.00
...............................
....... ........................... _............................ ......... ......... ..................._.........._ ._.__.......___..._........._.............._.............._..........................._...._....................__........................................................_..._.._........._...._.._.....................................................
Peripheral lot meter (outside central busin ss dis ict),
0.75
per hour
Peripheral on street meter (outside central bus ess
_
0.75
district), per hour
Fee for contractor reservation of space, per ay
20.00
.............................................................
......._ ......... . ........ ..... ........
Moped /Scooter /Motorcycle Permit (Annu I permit)
........._.. ......_.. ..................
January 1, 2014 — December 31, 2014
_.__.___ 70.00
January 1, 2015—
......._...
90.00
..........
.- ..................................... .............................__ ..__.._._._......................................... .................................. .................. ...._..._.._............................
Fines for parking violations:
Overtime parking
10.00
Commercial loading zone
25.00
.......... .. ... ...... ........... ....... ............ _.......... ....._.
Expired meter
_.......... ....._._......___.
1"d tion each period: warning
2nd 'tation each period: 7.00
Each period runs from July 1st unt' June 301h of the
3rd cit 'on each period: 12.00
subsequent year.
4th citati each period: 15.00
5th citation ach period: 20.00
6th + citation ch period: 25.00
........ ....................................................................................................................._................._._...._......................................_...._...._.. ...._.............._........... ,.......................
Prohibited zone
................._............. _............... ..... ......................... ............................. ............................. ......... ............. .........
15.00
Illegal parking - handicappe parking space
100. 00, or as spe 'fled in Iowa
Code Section 321.2 (1)(b), as
amended, for violatio of Iowa
Code Section 321 L.4(2)
1 hour restricted zone, ity Hall lot
10.00
........................................ ......_....................._................................................................................................................................_.................................... ...............................
Library patron only pa ing
_.............................. ......__.._............................................................... .... _.................... ...............................
10.00
Library outside book rop off only
10.00 first offense
20.00 second and subsequent
offense
Parking in pass ger loading zone
15.00
All other illegal parking violations
_ 15.00
......................................_............................................_..... ... ........................................................................................_...__...__.........................._..........__............................................................._.._..............._._.........-........_....__.__............._................._................
Increases: 30 days after issue, all parking violations, if
...............................
Original ticket amount + $5.00
not already paid or appealed, shall increase in amount
by $5.00, or as allowed by Iowa Code Section
321.236(1)(b), as amended.
All ordinances and,5arts of ordinances in conflict with the provision of
this Ordinance are hereby
SECTION III. SEVERABILI . If any se,
invalid or unconstitutional, such adkdication
section, provision or part thereof not a 'udg
SECTION IV. EFFECTIVE DATE. T
Passed and approved this flay of
MAYOR
ATTEST:
CITY CLERK
Appjpved by
City Attorney's
0, provision or part of the Ordinance shall be adjudged to be
all not affect the validity of the Ordinance as a whole or any
invalid or unconstitutional.
finance shall be effective on July 1, 2013.
2013.
14
Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030
ORDINANCE NO. 13 -4532
ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE
REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," TO CLARIFY THAT
TAXICABS MUST USE A TAXIMETER TO MEASURE DISTANCE.
WHEREAS, in Ordinance No. 11 -4458, the City Code was amended to provide that that a taxicab
must have a calibrated taximeter in order to pass inspection;
WHEREAS, the City Code was also amended to provide that rates must be based on time and /or
distance;
WHEREAS, although the intent was that the taximeter must be used to measure distance (except for
"destination rates ") as well as time, the Code provision is not clear that distance must be measured using
a taximeter; and
WHEREAS, it is in the public interest to adopt an amendment to clarify that taximeters must be used
to measure distance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 7,
entitled "Rates; Hours; Complaints," Subsection A, Paragraph 3 is amended by deleting the third sentence
and substituting the following sentence in lieu thereof:
Except for destination rates, all rates based on time and /or distance must utilize a taximeter.
2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 7,
entitled "Rates; Hours; Complaints," Subsection A, Paragraph 4 is amended by adding the following new
sentence:
No owner or driver of a taxicab shall operate a taxicab without utilizing a taximeter that has been
calibrated and inspected.
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 14th day of May 2013.
TV � t
ATTEST: 7` - /<�Z�
CITY CLERK
Approved by
City Attorney's Office
Ordinance No. 13 -4532
Page 2
It was moved by Mims and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
x
_x
x
x
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 4/23/2013
Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek,
Mims. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
5/23/2013
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: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek.
NAYS: None. ABSENT: None. \