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HomeMy WebLinkAbout2014-06-17 OrdinanceA�4b Iiiiiiiiii Prepared by: Bailee McClellan, Planning Intern, NDS, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ14- 00002) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 39.6 ACRES OF PROPERTY LOCATED AT 4701 HERBERT HOOVER HIGHWAY FROM COUNTY RESIDENTIAL (R) TO INTERIM DEVELOPMENT SINGLE FAMILY RESIDENTIAL (ID -RS). (REZ14- 00002) WHEREAS, the applicant, Build to Suit Inc., with the consent of the owner, AGRD Green Bay, L.L.C, has requested a rezoning of property located at 4701 Herbert Hoover Highway from County Residential (R) to Interim Development Single Family Residential (ID -RS); and WHEREAS, the Comprehensive Plan Future Land Use map shows the subject property as incorporated into Iowa City and WHEREAS, the Comprehensive Plan — Northeast District Plan indicates that the subject property is appropriate for residential development; and WHEREAS, Interim Development zoning is appropriate for the property until such a time as a development plan is submitted in compliance with the Comprehensive Plan; 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 for pedestrian access to the city sidewalk system; 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 its current zoning designation of County Residential (R) to Interim Development Single- family Residential (ID -RS): LEGAL DESCRIPTION THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7 IN TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN. CONTAINING 39.60 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS RECORD. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Ordinance No. Page 2 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 2014. MAYOR ATTEST: CITY CLERK A proved by fi- 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: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 06/17/2014 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton Botchway, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ14- 00002) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City ") and AGRD Green Bay, L.L.C. (hereinafter "Owner /Applicant "). WHEREAS, the Owner /Applicant is the legal title holder of approximately 39.6 acres of property located at 4701 Herbert Hoover Highway; and WHEREAS, the Owner /Applicant has requested the rezoning of said property from County Residential (R) to Interim Development Single Family Residential (ID -RS); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding pedestrian access to the city sidewalk system, 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 /Applicant 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 pedestrian accessibility; and WHEREAS, the Owner /Applicant 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. AGRD Green Bay, L.L.C. is the legal title holder of the property legally described as: THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7 IN TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN. CONTAINING 39.60 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS RECORD. 2. The Owner /Applicant acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Northeast 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, the Owner /Applicant agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following condition: • The developer shall provide pedestrian access connecting the subject land to the city sidewalk system. Said access shall be constructed concurrently with the public improvements for any subdivision of the subject land, and may be constructed using ppdadm/agt/conditional zoning agreement.doc [either concrete or asphalt. The developer may determine the route, but will be responsible for acquiring any necessary property rights from intervening property owners, including Johnson County, at developer's cost. The City will grant any temporary construction easement to the Developer to the extent that this access is provided within City -owned public right -of -way. 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 /Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner /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 Owner /Applicant's expense. Dated this day of CITY OF IOWA CITY Matt Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office ppdadm /agt/conditional zoning agreement.doc 2 20 y: �ASo,J �A�Ac2 B1 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 20_ by Matt Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) AGRD GREEN BAY, LLC ACKNOWLEDGMENT: State of County of� This at"wat knowledged before me on wr�l �L, %11`� (Date) by v� (Name(s) of individual(s) as (type of authority, such as officer or trustee) of 4PU'i n behalf of whom record was executed). ota the State of Iowa LILY PHONPHISOUN i Commission Number 729033 y Commission Pins (Stamp or Seal) Title (and Rank) My commission expires:-- Q -� Of ppdadm /agt/conditional zoning agreement.doc 3 C' p' Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ14- 00002) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, to a, a municipal corporation (hereinafter "City ") and AGRD Green Bay, L.L.C. (hereinafter "Owner /Applicant "). WHEREAS, the Owner/ plicant is the legal title holder of approximately 39.6 acres of property located at 4701 Herbe Hoover Highway; and WHEREAS, the Owner pplicant has requested the ezoning of said property from County Residential (R) to Interim Development Single Family esidential (ID -RS); and WHEREAS, the Planning a d Zoning Commission h s determined that, with appropriate conditions regarding pedestrian a cess to the city side alk system, the requested zoning is consistent with the Comprehensive Ian; and WHEREAS, Iowa Code §414. (2013) provi s that the City of Iowa City may impose reasonable conditions on granting a applicant's ezoning request, over and above existing regulations, in order to satisfy public ne ds cause by the requested change; and WHEREAS, the Owner /Applicant ckn ledges that certain conditions and restrictions are reasonable to ensure the developmen of a property is consistent with the Comprehensive Plan and the need for pedestrian accessibi ; and WHEREAS, the Owner /Applicant agrees and conditions of a Conditional Zoning N NOW, THEREFORE, in consideratioh of the agree as follows: / 1. AGRD Green Bay, L.L.C. j6 the legal title THE NORTHWEST QUARTER OF THE NORTH NORTH, RANGE 5 WEST fiF THE FIFTH PRINC SUBJECT TO EASEMENTS AND RESTRICTIONS this property in accordance with the terms promises contained herein, the parties of the property legally described as: QUARTER OF SECTION 7 IN TOWNSHIP 79 MERIDIAN. CONTAINING 39.60 ACRES, AND IS DRD. 2. The Owner / Applicant acknowledges that the C N wishes to ensure conformance to the principles of the omprehensive Plan and th Northeast District Plan. Further, the parties acknowle ge that Iowa Code §414.5 (20 3) provides that the City of Iowa City may impose re onable conditions on granting an 2pplicantis rezoning request, over and above the existing regulations, in order to satisfy p blic needs caused by the requested change. 3. In consideration of the City's rezoning the subject pro erty, the Owner /Applicant agrees that developnibnt of the subject property will conform to all other requirements of the zoning chapter, as well as the following condition: • The developer shall provide pedestrian access connectl g the subject land to the city sidewalk system. Said access shall be constructed 69ricurrently with the public improvements for any subdivision of the subject land, and may be constructed using ppdadm/agVrezl4 -00002 cza- herbert hoover ( 21.docreal4-00002-GGndRiG"- zoningagreen%nt.doc [either concrete or asphalt. The developer may determine the route, but will be responsible for acquiring any necessary property rights from intervening property owners, including Johnson County, at developer's cost. The City will grant any temporary construction easement to the Developer to the extent that this access is provided within City -owned public right -of -way. 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 sa isfy public needs that are caused by the requested zoning change. 5. The Owner /Appli ant and City acknowledge that in the event the subject property is transferred, sold, developed, or subdivided, all re evelopment will conform with the terms of this Conditi nal Zoning Agreement. 6. The parties acknowle ge that this Conditional Zonin Agreement shall be deemed to be a covenant running wi the land and with title to t land, and shall remain in full force and effect as a covena t with title to the land, u ss or until released of record by the City of Iowa City. The parties further ackno ledge that this agr ment shall inure to the benefit of and bind all successors, representa 'ves, and assign of the parties. 7. The Owner /Applicant ackn ledges th nothing in this Conditional Zoning Agreement shall be construed to reli ve the Owner/Applicant from complying with all other applicable local, state, and, eral re ulations. 8. The parties agree that thiXr/A onal Zoning Agreement shall be incorporated by reference into the ordinancg the subject property, and that upon adoption and publication of the ordinancreement shall be recorded in the Johnson County Recorder's Office at the Ow cant's expense. Dated this day of CITY OF IOWA CITY Matt Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by; City Attorney's Office 20 0 ppdadm/agt/rez14 -00002 cza- herbert hoover (2).docrezl4-0 0002 soaditieaal -zero ng- agreement:doc 2 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledge before me on , 20_ by Matt Hayek and Marian K. Karr as Mayor and Ci y Clerk, respectively, of th City of Iowa City. Notary Publi in (Stamp or eal) Title (an Rank) AGRD GREEN BAY, LLC AC State of _ County of This record was acknowledged before me on_ by (Nam s) of i was executed). and for the State of Iowa (Date) al(s) as of authority, such as officer or trustee) of ne of party on behalf of whom record Notary Pu XRank d for the State of Iowa (Stamp or Title (and My commission expires: ppdadm/agt/conditional zoning agreement.doc 3 9�, N tJ Prepared by: Bailee McClellan, Planning Intern, NDS, 410 E. Washington Street, Iowa City, 1eP2.Z40;.U9 -35 0 (REZ14- 00002) :<r ORDINANCE NO. E5 = z". ;3Z coo AN ORDINANCE CONDITIONALLY REZONING AP OXIMATLEY 39.6 AGRES OF- PROPERTY LOCATED AT 4701 HERBERT HOOVER HIGHW Y FROM COUNTY RESIDENWAL (R) TO INTERIM DEVELOPMENT SINGLE FAMILY RESIDE TI (ID -RS). (REZ14 -00002) WHEREAS, the appli ant, Build to Suit Inc., with the requested a rezoning of p perty located at 4701 Herb Interim Development Single amity Residential (ID -RS); WHEREAS, the Compreh nsive Plan Future Land I. into Iowa City, and WHEREAS, the Comprehen 've Plan -North appropriate for residential developm t; and WHEREAS, Interim Developme zoning is development plan is submitted in compli ce with th WHEREAS, the Planning and Zoni Comn determined that it complies with the Compr e need for pedestrian access to the city sidewalk WHEREAS, Iowa Code §414.5 (2013) pr conditions on granting an applicant's rezoning satisfy public needs caused by the requested c WHEREAS, the owner and applicant have with the terms and conditions of the Condition, development in this area of the city. NOW, THEREFORE, BE IT ORDAINE IOWA: Zon isent of the owner, AGRD Green Bay, L.L.C, has Hoover Highway from County Residential (R) to map shows the subject property as incorporated District Plan indicates that the subject property is bpropriate for the property until such a time as a Comprehensive Plan; and ;sion has the reviewed the proposed rezoning and Plan provided that it meets conditions addressing the i; and that the City of Iowa City may impose reasonable est, over and above existing regulations, in order to and that the property shall be developed in accordance in Agreement attached hereto to ensure appropriate BY THE OTY COUNCIL OF THE CITY OF IOWA CITY, SECTION I APPROVAL. Subject to the onditional Zoning herein, property described below is here reclassified frorr Residential (R) to Interim Development Sin e- family Residential 3reement attached hereto and incorporated its current zoning designatign of County 'Q -RS): LEGAL DESCRIPTION THE NORTHWEST QUARTER Of THE NORTHEAST QUARTE \1NING ION 7 IN TOWNSHIP 79 NORTH, RANGE 5 WEST, OFT E FIFTH PRINCIPAL MERIDIANG 39.60 ACRES, AND IS SUBJECT TO EASEMENTS AND ESTRICTIONS RECORD. SECTION II. ZONING MAP. Th building official is hereby authorizted to change the zoning map of the City of Iowa City, I owa to conform to this amendment u passage, approval and publication of the ordinance as appr ved by law. SECTION III. CONDITIONAL ONING AGREEMENT. The mayor uth iced and directed to sign, and the City Clerk attest, t Conditional Zoning Agreement betope owner(s) and the City, following passage and appr al 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 Record , 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. Ordinance No. Page 2 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 2014. =: CX) c„a c .e- Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 35 �99 (F:W14 -001 --i -330< CONDITIONAL ZONING AGREEMENT Win.,. THIS AGREEMENT is made between the City of Iowa City, Iowa, a m111 al rpo i n ( hereinafte "City "), AGRD Green Bay (hereinafter "Owner "), and Build to St�ic.ierei �Tjer "Applicant ") WHER S, the Owner is the legal title holder of approximately 39.6 acres of property located at 4701 erbert Hoover Highway; and WHEREAS, the Owner has requested Residential (R) to Inte im Development Single FE WHEREAS, the PI nning and Zoning Co conditions regarding ped Nstrian access to the consistent with the Compre ensive Plan; and rezoning of said property from County Residential (ID -RS); and Amission has determined that, with appropriate city sidewalk system, the requested zoning is WHEREAS, Iowa Cod §414.5 (201A) provides that the City of Iowa City may impose reasonable conditions on gran 'ng an app cant's rezoning request, over and above existing regulations, in order to satisfy pu is needs aused by the requested change; and WHEREAS, the Owner reasonable to ensure the develo Plan and the need for pedestrian , WHEREAS, the Owner agrees to conditions of a Conditional Zoning f NOW, THEREFORE, in conside agree as follows: 3dges that certain conditions and restrictions are f the property is consistent with the Comprehensive ility; and this property in accordance with the terms and n of the \nutual promises contained herein, the parties 1. AGRD Green Bay, L.L.C. iA the legal title holder of the property legally described as: THE NORTHWEST QUART OF THE NORTHEAST UARTER OF SECTION 7 IN TOWNSHIP 79 NORTH, RANGE 5 WEST, O THE FIFTH PRINCIPAL M IDIAN. CONTAINING 39.60 ACRES, AND IS SUBJECT TO EASEMENTS ND RESTRICTIONS RECORD. 2. The Owner acknowle ges that the City wishes to en re conformance to the principles of the Comprehens a Plan and the Northeast Dis ic ' t Plan. Further, the parties acknowledge that I a Code §414.5 (2013) provides t at the City of Iowa City may impose reasonable conditions on granting an applicant' rezoning request, over and above the existing egulations, in order to satisfy public nee s caused by the requested change. 3. In consideration of the City's rezoning the subject property, O*er and Applicant agree that developm ht of the subject property will conform to all other requirements of the zoning chapte , as well as the following conditions: a. The developer provides at least a temporary pedestrian access route to the city sidewalk system at the time of development. ppdadm /agt/rezl4 -00002 conditional zoning agreement.doc 1 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 trksferred, sold, redeveloped, or subdivided, all redevelopment will conform with the term's. of this Conditional Zoning Agreement. 6. The pa 'es acknowledge that this Conditional ning Agreement shall be deemed to be a covena t running with the land and with title o the land, and shall remain in full force and effect s a covenant with title to the land unless or until released of record by the City of Iowa ity. The parties furt r acknowledge that this ag eement shall inure to the benefit of and bind all successors, re resentatives, and assign of the parties. 7. The Owner and A plicant acknowled a that nothing in this Conditional Zoning Agreement shall be c strued to relieve he Owner or Applicant from complying with all other applicable local, s te, and federal egulations. 8. The parties agree that th' Conditio al Zoning Agreement shall be incorporated by reference into the ordinance rezonin the subject property, and that upon adoption and publication of the ordinance, is ag eement shall be recorded in the Johnson County Recorder's Office at the Applica is xpense. Dated this day of CITY OF IOWA CITY Mathew Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: ppdadm /agt/rezl4 -00002 conditional zoning agreement.doc 2 20 In ,r--:� "•c =a ra M cra JOHNSON COUNTY ) This instrument was acknowledged before me on , 20_ by Matt Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. CORPORATE ACKNOWL STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was ENT: Notary Public in and for the State of Iowa (Stamp or Seal) Title (and R�nk) me on 20_ by of , Inc. NoNry Public in and for said County and State (Starr or Seal) Title (and ank) INDIVIDUAL ACKNOWLEDGEMEN STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of 20 , be Notary Public in and for said C nty, in said State, personally appea to known to be the identical person the within and foregoing instr ment, and acknowledged that he /she (his /her /their) voluntary act a d deed. in and who executed Kecuted the same as Notary rumic in ana Tor ine Mate or i My commission expires: LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: ppdadm /agt/rez14 -00002 conditional zoning agreement.doc 3 N Q �� -<t cr rn - a-'-) m. c4 me, tl undepigned, a in and who executed Kecuted the same as Notary rumic in ana Tor ine Mate or i My commission expires: LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: ppdadm /agt/rez14 -00002 conditional zoning agreement.doc 3 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Public in did say said limited day of , A.D. 20 , before me, the undersigned, a Notary and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn, the person is (title) of , and that said in rument was signed on behalf of the bility company by authority of its managers and the said acknowledged the execution of said instrument to be the voluntary act and deed of said li ted liability company by it volunt ily executed. PARTNERSHIP ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) No7ommission ublic in and for the State of Iowa My expires: E5 , .. CO On this day of 7and , 20_, befol me, the undersigned; a Notaryr Public in and for the State of Iowa, perseared _ , to me personally known, who being by me d, did say that t person is one of the partners of , an Iowa General /Limited P and that the instr ent was signed on behalf of the partnership by authority of th; and the partner a nowledged the execution of the instrument to be the voluntary ed of the partnership b t, and by the partner voluntarily executed. ppdadm /agt/rez14 -00002 conditional zoning agreement.doc Notary Public in and for the My commission expires: 4 of Iowa Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. 14 -4589 ORDINANCE AMENDING TITLE 14, ENTITLED "ZONING," CHAPTER 6, ENTITLED, "AIRPORT ZONING," TO PROVIDE THAT A STRUCTURE MAY PENETRATE THE HORIZONTAL OVERLAY ZONE UNDER CERTAIN CONDITIONS. WHEREAS, the City Code provides that a structure may only penetrate the horizontal overlay zone by special exception; WHEREAS, the FAA does allow the horizontal overlay zone to be penetrated (referred to in an airspace study as a "Determination of No Hazard to Navigation "); WHEREAS, a structure should be allowed to penetrate the horizontal overlay zone without a special exception if it does not affect the daily operations of the airport; WHEREAS, the proposed rezoning is reasonable and does not impose any requirement or restriction which is not necessary to effectuate the purposes of Chapter 329 of the Code of Iowa; WHEREAS, the Airport Zoning Commission has reviewed and approved the proposed rezoning; and WHEREAS, it is in the City's best interest to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 14, entitled "Zoning," Chapter 6, entitled "Airport Zoning," Section 4, entitled, "Airport Zones," Subsection C, entitled "Horizontal Overlay Zone (HO) Defined" is amended by adding the following new Paragraph 3: The proposed structure may penetrate the HO if the Airport Operations Specialist determines that: a) the FAA has issued a "Determination of No Hazard to Navigation;" b) the proposed structure does not exceed any TERPS zone or any other 14 C.F.R. Part 77 zone; and c) the proposed structure does not require a change to instrument approaches, minimum safe altitude, traffic patterns altitude, takeoff /departure procedures or weather minimums or a change similar in nature either to the approach or departure of an aircraft. 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 17 day of June 2014. LTA FAV L61 : ATTEST: a6 CITY RK Approved: City Attorney's Office Ordinance No. 14 -4589 Page 2 It was moved by Mims and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek X Mims x Payne x Throgmorton First Consideration 06/03/2014 Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Dickens, Dobyns. NAYS: None. ABSENT: Botchway., Second Consideration _ Vote for passage: Date published 06/26/2014 Moved by Mims, seconded by Payne, that the rule requiring ordinances considered and voted on for passage at two Council meetings prior to 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 passage at this time. AYES: Throgmorton, Botchway, Dickens, Dobyns, Mims, Payne. NAYS: None. ABSENT: None. to be the f inal Hayek,