HomeMy WebLinkAbout2014-08-19 Ordinance�I„� --,or CITY OF IOWA CITY 5a
M EMORANDUM
Date: August 13, 2014
To: Tom Markus, City Manager
From: John Yapp, Development Services Coordinator
Re: Allen Homes planned development proposal at NE corner of First Ave Hickory Trail
Introduction
Jesse Allen, owner of Allen Homes, has requested his application for the planned development
rezoning at the NE corner of First Ave / Hickory Trail be withdrawn. Mr. Allen has submitted a
preliminary plat / subdivision application for single family lots, including a two - family structure on
the corner of First Ave / Hickory Trail.
Background
The planned development / Sensitive Areas Development Plan was for an 11 -unit multi - family
building at the NW corner of the property. Clustering of dwelling units is permitted as a part of
the planned development and sensitive areas process, as a means of minimizing disturbance to
environmental features on the property (in the case, a stream corridor and wetlands along the
east property line). The Planning and Zoning Commission had recommended approval by a
vote of 4 -2, and a consultation between the Planning and Zoning Commission and City Council
was held on July 30. A super- majority vote of the City Council (6 out of 7 votes) would have
been required for approval, due to owners of more than 20% of the property within 200 feet
protesting the planned development / rezoning.
Conclusion
Allen homes now has submitted a preliminary plat / subdivision for the property for a nine -lot
subdivision with a two -unit structure on the corner (ten total dwelling units — see attached).
Construction of single family and two - family structures are exempt from Sensitive Areas
Ordinance provisions provided there is no encroachment into a protected sensitive area or
jurisdictional wetland. The preliminary plat is under review, and we anticipate it being on the
Planning and Zoning Commission's August 21 agenda. It will tentatively appear on the City
Council's September 2 agenda.
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Prepared by Kirk Lehmann, Development Services Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230
(REZ14- 00005)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 3.59 ACRES OF PROPERTY
LOCATED EAST OF FIRST AVENUE AND NORTH OF HICKORY TRAIL, FROM LOW DENSITY
SINGLE FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY PLANNED DEVELOPMENT OVERLAY.
(REZ14- 00005)
WHEREAS, the applicant, Allen Homes, Inc. has requested a rezoning of property located east of First
Avenue and north of Hickory Trail from Low Density Single Family Residential (RS -5) to Low Density Planned
Development Overlay (OPD -5); and
WHEREAS, the Comprehensive Plan and Northeast District Plan indicate that the properties with
sensitive environmental features are appropriate for clustered residential development; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Northeast District Plan provided that it meets conditions addressing the
protection of environmentally sensitive areas and creation of attractive, pedestrian - friendly neighborhoods;
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, property described below is hereby reclassified from its current zoning designation of Low Density
Single Family Residential (RS -5) to Low Density Planned Development Overlay (OPD -5):
LOT 42 AND LOT 43, FIRST AND ROCHESTER, PART ONE, IOWA CITY, IOWA, IN
ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 23 AT PAGE 78, IN THE
RECORDS OF THE JOHNSON COUNTY RECORDERS OFFICE, CONTAINING 3.59 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 attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 12014.
Ordinance No.
Page 2
MAYOR
ATTEST:
CITY CLERK
Appr d by
City Attorneys Office
Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230
(REZ14- 00005)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), and Allen Homes, Inc. (hereinafter "Owner" or "Applicant ").
WHEREAS, Owner is the legal title holder of approximately 3.59 acres of property
located east of First Avenue and north of Hickory Trail; and
WHEREAS, the Owner has requested the rezoning of said property from Low Density
Single Family Residential (RS -5) to Low Density Planned Development Overlay (OPD -5); and
WHEREAS, the Comprehensive Plan and Northeast District Plan indicate that properties
with sensitive environmental features are appropriate for clustered residential development; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the protection of environmentally sensitive land and compliance with multi-
family site design standards, 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 the protection of environmentally sensitive areas and the creation of
attractive, pedestrian - friendly neighborhoods; 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. Allen Homes, Inc. is the legal title holder of the property legally described as:
LOT 42 AND LOT 43, FIRST AND ROCHESTER, PART ONE, IOWA CITY, IOWA,
IN ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 23 AT PAGE 78, IN
THE RECORDS OF THE JOHNSON COUNTY RECORDERS OFFICE, CONTAINING
3.59 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 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
ppdadnVagt1rez14 -00005 first ave cza final.doc
change.
3. In consideration of the City's rezoning the subject property, the Owner and Applicant
agrees that development of the subject property will conform to all other requirements of
the zoning chapter, as well as the following conditions:
a. Development of the property shall generally conform with the Preliminary Sensitive
Areas Site Plan and elevation drawings attached to this agreement.
b. Final building design shall be subject to compliance with multi - family site design
standards in City Code Section 14 -213.
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 to 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 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 day of 12014.
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
ppdadm /agt/rez14 -00005 first ave cza final. doc 2
B Jess Allen, Owner
By:
City Attorney's Office
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CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on
20_ 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
(Stamp or Seal)
Title (and Rank)
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on MJ�� _ 2014 by
-- -� - a i ✓� as Ir of A j
FWENDY S. MAYER Notary Publ' m and for said unty and State CO MGWw Number 729428
My Commi_ n Expires (Stamp or Seal)
Title (and Rank) (_.,; cek 5-e_ S f .e— c.,, (J , 0
ppdadm/a9t/rez14 -00005 first ave cza final. doc 3
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CITY OF IOWA CITY
MEMORANDUM
Date: July 28, 2014
To: Tom Markus, City Manager
From: John Yapp, Development Services Coordinator
Re: Allen' Homes proposed project at corner of First Ave / Hickory Trail
As requested at the July 15 City Council meeting, Allen Homes / Neumann Monson Architects
have provided images of the proposed 11 -unit building at the northwest corner of First Ave /
Hickory Trail without landscaping.
See attached.
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PROT'ES'T OF REZONING
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
CITY 0FI01-VX CITY
We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property
which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is
proposed, do hereby protest the rezoning of the following property:
This protest is signed and acknowledged with the intention that such rezoning shall not become effective except by the
favorable vote of at least three- fourths of all the members of the council, all in accordance with Section 414.5 of the
Code of Iowa.
Property Address: ;',�" 5S C ,
Property Owner(s): A
By: --0
By:r
INDIVIDUAL PROPERTY OWNER(S): w i P-0 ;-
p
STATE OF IOWA ) "`
{
JOHNSON COUNTY) ss: t: r
This instrument was acknowledged before me on (Date) by
"rn CL 54e ,, and (name(s) of
individual property owner(s)).
We Notary Public in and for e State of Iowa
OW
AUTHORIZED REPRESENTATIVE SIGNING FOR PROPERTY OWNER(S):
STATE OF IOWA )
JOHNSON COUNTY) ss:
This instrument was acknowledged before me on (Date) by
(name(s) of person(s)) as (type of authority, such as officer, trustee) of
(name of property owner) .
Notary Public in and for the State of Iowa
Orig: Subd Folder 02/2013
Cc: CA — PCD - Council - Media File
Marian Karr
From: Jennifer McDonald [mailto:jmcdonald @mchsi.com]
Sent: Monday, July 28, 2014 11:02 AM
To: Council
Subject: opposition to rezoning of property of Hickory Trail /First Ave, Iowa City
Dear Council members,
I would like to thank you for the support you showed on July 15th. The impression I received from that
meeting was that all the council members had done their homework and had listened to the community. I
understand there will be a meeting on July 30th with the council and Planning and zoning to discuss the
property. I hope the committee will continue to have the communities interest at heart. Please follow the
comprehensive plan that was reaffirmed last year. Here is my main concern over this rezoning issue.
We purchased our home with the knowledge that those lots were zoned RS -5. We assumed that only single
family homes would be built on these lots. Please stay with the comprehensive plan 2030.
After review of the developer's plans, I had several immediate concerns:
- The proposed condo unit is large and is placed on a very steep property. So steep that some consider it
unbuildable. Because of the steep slope, the back side of the condo will be span almost 4 stories in height.
- The drive way is long, unsight and has parking spaces. Cars turning into the driveway coming off 1st Ave
will blare their headlights directl� into the back of all the houses along Cypress Court.
- A condo will change the feel of our neighborhood. These lots are zoned RS -5 for single family homes and we
want to keep it that way. Single family homes will maintain the neighborhood feel of our subdivision. A condo
will not.
Finally, there are too many multi units on First Avenue. Please stay with the comprehensive plan 2030 and vote
not to rezone this property.
Thank you for your time,
Jennifer McDonald
855 Cypress
Iowa City, IA
Marian Karr
From: Synan, Ann <ann -synan @uiowa.edu>
Sent: Tuesday, July 29, 2014 4:25 PM
To: Matt Hayek; Susan Mims; Kingsley Botchway; Rick Dobyns; Terry Dickens; Michelle Payne;
Jim Throgmorton
Cc: Council; PlanningZoning Public
Subject: Opposition to the Rezoning of the Property at N. First Ave and Hickory Trail
Iowa City Council
410 E. Washington Street
Iowa City, IA 52240
July 29, 2014
Dear Mayor Hayek, Pro Term Mayor Mims and Councilors Botchway, Dobyns, Throgmorton, Dickens, and
Payne:
Thank you for your careful consideration of the information regarding the proposed rezoning of the property at
North First Ave and Hickory Trail presented to you at the July 15, 2014 City Council meeting. We appreciate
that several councilors as well as some Planning and Zoning commissioners have come out to visit the property
and see this issue from the perspective of the residents in the Bluffwood Neighborhood. We hope that you will
choose to uphold the 2030 Comprehensive Plan and deny approval of the rezoning to allow a multi -unit
dwelling to be built on the property -- which has always been part of the First and Rochester Subdivision and
has always been zoned for single family detached homes.
The character and identity of our Bluffwood Neighborhood -- and of neighboring Hickory Hill Park -- has
already been threatened by the number of multi -unit dwellings that have been built along the few blocks from
Rochester Ave to Hickory Trail -- most recently the large and unsightly multi -unit dwelling that is under
construction (Hickory Pointe) on the property directly across from the property that has the rezoning request. As
many of you are aware, Hickory Pointe was rezoned for the purpose of building clusters of town homes and that
application was amended within a year to allow a "cluster" of 16 units to be built in ONE building with a
massive and unattractive retaining wall. The building, at the edge of Hickory Hill Park, and viewed from our
homes on Cypress Ct and elsewhere in the neighborhood, has been recognized by Planning and Zoning
commissioners and City Councilors as a "mistake ". It does not blend in with the surrounding neighborhood.
We feel the proposed development on Mr. Allen's property would be another mistake.
Mr. Allen bought the property at First and Hickory Trail with the knowledge that the land was zoned RS5 for
single family homes. He never considered building single family homes in this established subdivision.
He proposed a plan that would might allow him to build something on the property -- but
not taking into consideration that homeowners in this established subdivision bought with the confidence that
single family homes would be built on this property. Mr. Allen took a risk that the City might allow him to
rezone this property -- a risk that now risks the investments of all of the Bluffwood Neighborhood.
We hope that you will uphold the RS5 ordinance.
Sincerely,
Ann Synan
833 Cypress Court
Iowa City
Marian Karr
From: Synan, William J <william -synan @uiowa.edu>
Sent: Tuesday, July 29, 2014 4:11 PM
To: Matt Hayek; Susan Mims; Kingsley Botchway; Rick Dobyns; Terry Dickens; Michelle Payne;
Jim Throgmorton
Cc: Council; PlanningZoningPublic
Subject: Opposition to rezoning on the east side of North 1st Avenue and Hickory Trail
Attachments: FW_city_council.zip
Dear Mayor Hayek, ProTerm Mayor Mims and Councilors Botchway, Dobyns, Throgmorton, Dickens and
Payne:
Thank you for listening to our concerns regarding the proposed rezoning with the intent to build an 11 unit
condominium along the east side of North 1 st Avenue and Hickory Trail.
I would like to make one other observation pertaining to the proposed development. In 2011 an application was
submitted to rezone a 23 acre plat of land from RS -5 to OPD -5 to create a 55 lot residential subdivision located
at 2949 Rochester Avenue in Iowa City. The developer, Mr. Allen, is involved with this ongoing subdivision at
Rochester Avenue.
There is a large stretch of that property which runs along Rochester Avenue, an arterial street. When the
application to rezone was submitted there were no recommendations or discussion of " clustering" homes into a
single multiunit building in order to preserve green space along this arterial street. There was no discussion of
preserving wetlands or trees.
However, there was discussion of disturbing 100% of the wetlands and 89 % of the wooded areas.
Please note, the planning and zoning staff and commission approved the application for this rezoning pending a
Wetland mitigation plan being approved by the U.S. Army Corp of Engineers and a plan for the applicant to
work with the City Forester to replace 134 trees.
The Planning and Zoning staff even said the proposed development "would be compatible with the nearby
neighborhood." The property aligning Rochester Avenue, an arterial street, was divided into single family
home residential lots.
If the developer wants to build an 11 unit condominium why doesn't he submit an application to amend the
rezoning in the subdivision at Rochester Ridge along Rochester Avenue? I suspect if he did, the homeowners
who purchased homes in Rochester Ridge one or two years ago would be protesting just like us.
Single family homes or single family -style homes can be built along 1 st Avenue in the First and Rochester
Subdivision. This is why so many of us bought here in the Bluffwood neighborhood years ago just like the
people who are buying now at Rochester Ridge. We, too, bought in a single family residential neighborhood. I
am confident that these two parcels of land can be developed tastefully and esthetically in a manner in which it
blends and is compatible with the adjacent single family homes in our neighborhood.
Please see the attached aerial views of the Rochester Ridge Development and the First and Rochester
development.
Respectfully,
William Synan
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Marian Karr
From: rorzweiler @juno.com
Sent: Tuesday, August 05, 2014 10:27 PM
To: Council
Subject: Proposed Condo at 1 st Ave. and Hickory Trail
To: Iowa City Council
We live in the Bluffwood Neighborhood and want to share our thoughts on Jeff Allen's proposed condo
building on the NE corner of 1st. Ave. and Hickory Trail. We were at the joint meeting with the council and
Planning and Zoning and a few things came up in the P &Z comments that need a response.
"The houses on Cypress Ct. are a block away ". That is not correct and the map shown on the screen
show the lots directly abut. This is quite different then the condo building across 1 st. Ave. that has no
residences abutting.
"There is no guarantee that future developments will comply with zoning, things change ". The people
who purchased homes backing onto this property bought with the understanding the city had looked at
this property and expected single family or something close to that to be constructed. It would seem if
anything might happen, the city should end doing planning studies and zoning and just listen to any
proposal a developer might come along with. Using this logic, the larger remaining green space could
have a second building put in by doing a similar appeal of rezoning the property.
"There is a need for housing for aging Boomers and this would fill the need." The number of similar
units on 1 st. Ave. and Rochester has continued to grow dramatically. With the completion of the
building to the north of the Hickory Hill park entrance and the approved building to the south, there will
be 30+ more units available in one calendar year in the same location. Not sure how many units in this
area would cause a glut.
"Nobody likes change but the neighbors will come to like it." Why would the city require getting the
adjoining neighbors opinions if the P &Z can ignore them? The longtime taxpayers who are in the 300'
adjoining area deserve to have their voices listened to.
There were other comments that were helpful to the discussion as we work together to determine what would be
best for the lot.
John Yapp said the city could approve a plan to have 7 single family lots and a duplex on the corner for
a total of 9 units. This is what the neighbors have expected and would be most in keeping with the
neighborhood. No individual building would dominate the view of the current neighbors.
Jim Throgmorton said the additional curb cuts would not be a bad thing on 1 st. Ave. They have a
calming effect on traffic that runs long straight away without curb cuts goes faster. This is clear when
you drive down Rochester.
Another P &Z member walked the neighborhood and said the multifamily unit on the corner of Stewart
Ct. blended in much better then the proposed Allen building. A smaller scale building would blend
better with the neighborhood. Buildings that rise above the height of the trees, detract from the natural
look of the Hickory Hill Park neighborhood. This would be our second choice after the option of 7
single family /1 duplex.
In conclusion we hope the council will take seriously the voices of the neighbors and affirm the zoning that city
planners have put in place.
Thank you for listening.
Richard and Debra Dorzweiler
Sb
Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230
(REZ14- 00006)
ORDINANCE NO. 14 -4590
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 4.40 ACRES OF PROPERTY
LOCATED AT 2815 ROHRET ROAD, FROM COMMERCIAL OFFICE (CO -1) TO MEDIUM DENSITY
SINGLE - FAMILY PLANNED DEVELOPMENT OVERLAY (OPD -8). (REZ14- 000006)
WHEREAS, the applicant, Hodge Construction Company, has requested a rezoning of property located
at 2815 Rohret Road from Commercial Office (CO -1) to Medium Density Single Family Planned
Development Overlay (OPD -8); and
WHEREAS, the Comprehensive Plan indicates that this property is appropriate for clustered residential
development; 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 sound abating design and construction techniques; 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, property described below is hereby reclassified from its current zoning designation of Commercial
Office (CO -1) to Medium Density Planned Development Overlay (OPD -8):
A portion of the Southeast One - Quarter of the Southwest One - Quarter of Section 18, Township 79 North,
Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, more particularly
described as follows:
Commencing at the Northeast corner of the Southeast One - Quarter of the Southwest One - Quarter of
Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson
County, Iowa; Thence S00 012'31 "E, along the East line of said Southeast One - Quarter of the Southwest
One - Quarter, 39.41 feet, to the Point of Beginning; Thence continuing S00012'31'E along said East line,
616.07 feet; Thence N47 050'48 "W, 729.53 feet; Thence N18 °07'42 "E, 103.49 feet; Thence N87 053'54 "E,
200.08 feet; Thence N77 008'39 "E, 88.45 feet; Thence N89 042'54 "E, 220.21 feet, to said Point of
Beginning. Said Tract of Land contains 4.40 acres and is subject to easements and restrictions of
record.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER AND RELEASE. All ordinances and parts of ordinances in conflict with the
provisions of this Ordinance, particularly Ordinance Number 08 -4298 and the associated Conditional Zoning
Agreement recorded at Book 4385, Page 553 -560, in the records of the Johnson County Recorder, are
hereby repealed and released.
Ordinance No. 14 -4590
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 19thday of August , 2014.
ATTEST: ✓21�W��
CITY CLERK
Ive'd by
City Attorney's Office
Q ke //9
Ordinance No. 14 -4590
Page 3
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
NAYS: ABSENT:
x
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 07/15/2014
Voteforpassage: AYES: Mims, Payne, Throgmorton, Botchway, Dickens,
Dobyns, Hayek. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 08/28/2014
Moved by Mims, seconded by Dobyns, 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: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton.
NAYS: None. ABSENT: Botchway.
Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230
(REZ14- 000006)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), and Hodge Construction Company (hereinafter "Owner ").
WHEREAS, Owner is the legal title holder of approximately 4.40 acres of property located
at 2815 Rohret Road; and
WHEREAS, the Owner has requested the rezoning of said property from Commercial
Office (CO -1) to Medium - Density Single Family Residential Planned Development Overlay
(OPD -8); and
WHEREAS, the Comprehensive Plan indicates that the property is appropriate for
clustered residential development; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding sound abating design and construction techniques, the requested zoning is
consistent with the Comprehensive Plan; and
WHEREAS, these conditions for rezoning supersede any conditions required in the previous
Conditional Rezoning Agreement attached to Ordinance Number 08 -4298 approved adopted by
the City Council on March 4, 2008 (Book 4385 Page 553 -560 Johnson County Recorder); 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 to mitigate noise along Highway 218; 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. Hodge Construction Company is the legal title holder of the property legally described as
follows:
A portion of the Southeast One - Quarter of the Southwest One - Quarter of Section 18,
Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson
County, Iowa, more particularly described as follows:
Commencing at the Northeast corner of the Southeast One - Quarter of the Southwest
One - Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal
Meridian, Iowa City, Johnson County, Iowa; Thence S00 °12'31 "E, along the East line
ppdadm /agUrez14-00006 cza- hodge- rohret.d0cFez!4 00906 F94eIGOadiiaAa! zea;a "s agtiemeRt .,� .� tea" a^^ 1
of said Southeast One - Quarter of the Southwest One - Quarter, 39.41 feet, to the Point
of Beginning; Thence continuing S00012'31'E along said East line, 616.07 feet;
Thence N47 °50'48 "W, 729.53 feet; Thence N18 °07'42 "E, 103.49 feet; Thence
N87 053'54 "E, 200.08 feet; Thence N77 °08'39 "E, 88.45 feet; Thence N89 042'54 "E,
220.21 feet, to said Point of Beginning. Said Tract of Land contains 4.40 acres and is
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:
a. Existing healthy trees within of 80 feet of the Highway 218 right -of -way shall be
preserved except where it is necessary to remove trees for installation of stormwater
management facilities as shown on the Preliminary Areas Site Plan;
b. Sound - abating construction materials shall be used for any structures built on the
subject land to reduce interior sound levels. Such materials shall include masonry,
fiber cerement siding, and laminated windows, as shown on the building elevation
drawings;
c. Owner shall maintain the sidewalk installed within the Rohret Road right -of -way in
accordance with city code and state law; and
d. Development of the property shall substantially conform with the Preliminary Sensitive
Areas Site Plan and elevations drawings attached to this agreement.
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 to 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 acknowledge(s) that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or future owners from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
ppdadm /agt/rez14 -00006 cza- hodoe- rohret.docrez44599064ekxetsoad tieraalaea r gagFe araR -dec 2
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 Z5 day of ,.-1 "f , 2014.
CITY OF IOWA CITY HODGE CONS RUCTION CO.
Matthew J. Hayek, Mayor By:
Attest:
Mahan K. Karr, City Clerk
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA
By:
) ss:
JOHNSON COUNTY ) p
This instrument was acknowledged before me one u� /�y, 2014 by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respfidively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal) o iac� KELLIE K. TUTTLE
commission Plumber 221819
Title (and Rank) My Co % � issi n Expires
Iowa '-
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on i S "11441"e
7'H , 0 2014 by
,v► ;, .h vt 1 E f 1"6) y-e as re s,h L4r sl��� h Cam., . ,✓
Notary P d fo County and State
(Stamp or Seal)
Title (and Rank)
ppdadrrUagUrez14 -00006 cza- hodge- rohretdoc 3
j - KEVIN D. GDI MANN
Commit ion Number 719868
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Marian Karr
From:
kevin digmann <kdigmann @yahoo.com>
Sent:
Tuesday, July 22, 2014 8:38 AM
To:
Marian Karr
Cc:
Mike Hndgp- Annie Seegmiller
Subject:
2815 Rohrettand 203 N Linn St
Marian,
At the 7 -15 -14 City Council meeting the re- zoning for 815 Rohret Roa and 203 N Linn St passed first
consideration. Due to the Council only meeting once in July and August, we would request the collapse of the
second and third reading and pass and adopt at the August 19th meeting. This request is being made for both
properties. Thank you for your consideration.
Kevin Digmann
Hodge Construction Company
Please confirm you received this email and the above request is adequate.
5c
Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230
(REZ14- 00009)
ORDINANCE NO. 14 -4591
AN ORDINANCE REZONING APPROXIMATELY 3.02 ACRES OF PROPERTY FROM COMMUNITY
COMMERCIAL (CC -2) ZONE TO RIVERFRONT CROSSINGS — WEST RIVERFRONT(RFC -WR) ZONE
LOCATED ON THE WEST SIDE OF SOUTH RIVERSIDE DRIVE, NORTH OF BENTON STREET AND
SOUTH OF THE IOWA INTERSTATE RAILROAD(REZ14- 00009).
WHEREAS, the applicant, Emrico Properties LLC, has requested a rezoning of property located at 629
South Riverside Drive from Community Commercial (CC -2) to Riverfront Crossings — West Riverfront (RFC -
WR); and
WHEREAS, the Downtown and Riverfront Crossings Master Plan was adopted in January 2013 as an
integral part of the City's Comprehensive Plan and the subject property is located in the West Riverfront
Subdistrict of the Riverfront Crossings District; and
WHEREAS, the Riverfront Crossings — West Riverfront (RFC -WR) Zone was developed to help
implement the vision of the Riverfront Crossings Master Plan by encouraging redevelopment that will create a
more pedestrian - friendly character along Riverside Drive by enhancing the streetscape and overall
aesthetics, tempering auto - dominated frontages by locating buildings closer to the street with parking behind
or to the side of buildings, and creating a place where people can live close to the Iowa River and to
shopping, restaurants, and other services; and
WHEREAS, the requested rezoning will result in a significant increase in the residential population in the
area, which will increase the pedestrian traffic along the Riverside Drive right -of -way, which currently is too
narrow to provide adequate pedestrian facilities to accommodate such an increase; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning-and- determined -.. --
that it complies with the Comprehensive Plan, provided land is dedicated to the City to widen the Riverside
Drive right -of -way to create a larger landscape buffer between the traffic lanes and the public sidewalk and
an easement is granted or land dedicated to the City to provide for construction of a pedestrian tunnel under
the Iowa Interstate Railroad; 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 satisfy public needs
caused by the requested development 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 Community
Commercial (CC -2) to Riverfront Crossings — West Riverfront (RFC -WR):
LEGAL DESCRIPTION
Auditor's Parcel 2013054 in accordance with the Plat thereof recorded in Deed Book 58, at Page 37 of the
Records of the Johnson County Recorder's office. Said parcel of land contains 3.02 Acres, (131,459
square feet), and is subject to easements and restrictions of record.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Ordinance No. 14 -4591
Page 2
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 19th day of August , 2014.
ATTEST: T - 7 �
CIT CLERK
App ved by
City Attorney's Office
Ordinance No. 14 -4591
Page 3
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 07/15/2014
Voteforpassage: AYES: Payne, Throgmorton, Botchway, Dickens,
Dobyns, Hayek, Mims. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 08/28/2014
Moved by Mims, seconded by Dobyns, 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: Hayek, Mims, Payne., Throgmorton, Dickens, Dobyns.
NAYS: None. ABSENT: Botchway.
Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230
(REZ14- 00009)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), Hartwig Properties LLP (hereinafter "Owner "), and Emrico Properties LLC
(hereinafter "Applicant ").
WHEREAS, Owner is the legal title holder of approximately 3.02 acres of property
located west of South Riverside Drive, north of West Benton Street, east of Orchard Street, and
south of the Iowa Interstate Railroad; and
WHEREAS, the Owner has requested the rezoning of said property from Community
Commercial (CC -2) to Riverfront Crossings— West Riverfront (RFC -WR); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding pedestrian safety and comfort, 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 pedestrian safety and comfort; 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. Hartwig Properties LLP is the legal title holder of the property legally described as
follows: Auditor's Parcel 2013054 in accordance with the Plat thereof recorded in Deed
Book 58, at Page 37 of the Records of the Johnson County Recorder's office. Said
Parcel of land contains 3.02 Acres, (131,459 square feet), and is 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, including the West Riverfront Subdistrict of the Downtown
and Riverfront Crossings Master 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 to be satisfied upon redevelopment of
ppdadm/agt/cza for rez14 -00009 riverside dr hanick.cao approved.doc 1 of 4
the property:
a. Owner shall dedicate a strip of land 10 feet wide along the subject property's entire
Riverside Drive frontage to the City to enable the widening of the public right -of -way to
enhance pedestrian safety along the corridor; and
b. The existing northernmost curb cut to Riverside Drive shall be closed. The property
shall be served by only one curb cut to Riverside Drive; and
c. Owner shall dedicate the necessary land to the City or grant a public access easement
at the northeast corner of the subject property to allow a public sidewalk to be
extended under the Iowa Interstate Railroad embankment in a location determined by
the City.
4. The Owner and Applicant, and City acknowledge that the conditions contained herein
are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and
that said conditions satisfy public needs that are caused by the requested zoning
change.
5. The Owner and Applicant and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the
terms of this Conditional Zoning Agreement.
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 19th day of . August
CITY OF IOWA CITY
Matthew J. Haye , a or
Attest:
Mari n K. Karr, City Clerk
WIMM
li,� /,/ er, , 'k,
By: Emrico Properties LLC
ppdadnVagUcza for rezl4 -00009 riverside dr hanick.cao approved.doc 2 of 4
Approved by:
ILJI"t
CI y Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on A - l h 2014 by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
'��a"' j (-- - / —21 �
Notary Public in and for the State of Iowa
(Stamp or Seal)
KELLIE K. TUTTLE
Title (and Rank) 2 ,� Commission Kumber2 E819
�4y Com issi n Expires
rowA
My commission expires:
HARTWIG PROPERTIES LLP ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 2014
by < <eV f � T rQ 1'+"'' q_ (Name(s) of individual(s) as
r%V`t'S r` cQe�l"�' j� (type of authority, such as officer or trustee) of
of Hartwig Properties LLP.
Notary Public in and for said County and State
(Stamp or Seal) Vim TIT
( p 167855 es
Title (and Rank)
My commission expires: 0— 3/ — //�, �
ppdadmlagVcza for rez14 -00009 riverside dr hanickcao approved.doc 3 of 4
EMRICO PROPERTIES LLC ACKNOWLEDGMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on �J �� 2014
by k'e 11 ' `\ 144A " c.L (Name(s) of individual(s) as
a't'L -w (type of authority, such as officer or trustee) of
Emrico Properties LLC.
&'ta-e (-� ��e. <.
Notary Public in and for the State of Iowa
k4MCAR,101- A. PETTIT
(Stamp or Seal) mission Number 167855
M CAng)ion F Aires
Title (and Rank) v
My commission expires:
ppdadmlagUcza for rez14 -00009 riverside dr hanick.cao approved.doc 4 of 4
Marian Karr
From: kevinhanick @gmail.com on behalf of Kevin Hanick <kevin @hanick.com>
Sent: Monday, August 04, 2014 10:31 AM
To: Marian Karr
Subject: request for Council
Hello Marian! I am writing to formally request that the Rezoning of the 3.02 parcel on Riverside Drive
(Hartwig Property), which has already been through the first reading and passed unanimously, be considered for
expedited voting. I am hoping that the second and third readings be considered at the next Council
meeting. We need to get the project on a timeline and the expedited vote will be of great assistance. Thank you
and let me know if you need any more information. Kevin Hanick
r5d
Prepared by: Planning Intern, Ashley Zitzner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ
14- 00007)
ORDINANCE NO. 14 -4592
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 4,000 SQUARE FEET OF
PROPERTY FROM CENTRAL BUSINESS SERVICE (CB -2) ZONE TO CENTRAL BUSINESS
SUPPORT (CB -5) ZONE AND LOCAL HISTORIC LANDMARK DESIGNATION LOCATED AT 203 N
LINN ST. (REZ- 00007)
WHEREAS, the applicant, Michael Hodge, has requested a rezoning of property located 203 N. Linn
Street from Central Business Service Zone (CB -2) to Central Business Support Zone (CB -5) and local
Historic Landmark designation ; and
WHEREAS, the Comprehensive Plan indicates that development that is sensitive to the
neighborhood's scale, history and architectural significance is encouraged in the Northside Market Place
commercial area; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided that if the existing building is destroyed,
redevelopment of the property will follow the height standards for a CB -2 zone to assure that it is an
appropriate scale for the Northside Market Place commercial area, 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 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; and
WHEREAS, the Historic Preservation Commission has determined that the property qualifies for
designation as a local Historic Landmark due to its original use as the Bashnagel Bakery and representation
of early commercial architecture.
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
Central Business Service District (CB -2) to Central Business Support District (CB -5) and designated as a
local Historic Landmark:
THE SOUTH 50' OF LOT 8 BLOCK 68 OF LYON'S FIRST ADDITION, IOWA CITY, JOHNSON
COUNTY, IOWA.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 19th day of August , 2014.
ATTEST: ha,, e e ��
-2
CIfY CLERK
Appr ved by
City Attorney's Office
Y
Ordinance No. 14 -4592
Page 3
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
NAYS:
First Consideration
Vote for passage:
Hayek, Mims,
Second Consideration _
Vote for passage:
ABSENT:
x
07/15/2014
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
AYES: Throgmorton, Botchway, Dickens, Dobyns,
Payne. NAYS: None. ABSENT: None.
Date published 08/28/2014
Moved by Mims, seconded by Dobyns, that the rule requiring
ordinances to be considered and voted 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: Payne, Throgmorton, Dickens, Dobyns, Hayek, Mims.
NAYS: None. ABSENT: Botchway.
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5240 (REZ14- 00007)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), HCB Properties, L C (hereinafter "Owner ").
WHEREAS, the Owner is the legal title holder of approximately 4,000 square feet of
property located at 203 N. Linn Street; and
WHEREAS, the Owner has requested the rezoning of said property from Central
Business Service (CB -2) zone to Central Business Support (CB -5) zone and designation as a
local Historic Landmark; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding building scale, the requested zoning is consistent with the Comprehensive
Plan; and
WHEREAS, the Historic Preservation Commission has determined that the property
qualifies for designation as a local Historic Landmark due to its original use as the Bashnagel
Bakery and representation of early commercial architecture.
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 to assure that if the historic building is destroyed, the scale of development
will be appropriate for the Northside Market Place commercial area; 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. HB Properties L C is the legal title holder of the property legally described as:
THE SOUTH 50' OF LOT 8 BLOCK 68 OF LYON'S FIRST ADDITION, IOWA CITY,
JOHNSON COUNTY, IOWA.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive 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 condition:
ppdadm /agU ^orc it oral zoning aaraement- historic bodge.docsenditionN zonaxj- agreemeAtdoc
In the event that the structure is damaged or destroyed by fire, explosion, as of God, or
by a public enemy, and rehabilitation is not possible, any redevelopment of the
property shall comply with the building height standards of the CB -2 zone, as set
forth in the Iowa City Zoning Code, which may be amended.
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 19th day of August , 2014.
CITY OF IOWA CITY
Matthew Hayek,�Mayor
Attest:
Marian'-X. Karr, City Clerk By:
Approved by:
City Attorney's Office
ppdadm /agUconditional zoning agreement - historic hodge. docconditional- zoning - agreement:doc 2
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , L ��, 2014 by Matthew Hayek
and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)t ^i s i<E�uE
Commission K. �urr1e
o` Number 221819
11t pry Com issi n Expires
Title (and Rank)
HCB PROPERTIES ACKNOWLEDGMENT:
State of TA
County of
This record was acknowledged before me on �u 1 ao�'t (Date)
by K ; j-5-�,t Fs :,T— (Name(s) of individ al(s) as
r, 0 0 A +-k A fiA. (type of authority, such as officer or trustee) of
(name of party on behalf of whom record
was executed).
Notary Publicqn and for the State :of Iowa
49w WENDY S 729429
. MAYER
o Commission Number (Stamp or Seal)
My Commission Expires
ow Title (and Rank) L r �►-�
My commission expires: `1�lb�llo
ppdadm /agt/cordit onal zoning agreement - historic hodge. docsonditioral- -r_onfro- agreement.doe 3
Marian Karr
From: kevin digmann <kdigmann @yahoo.com>
Sent: Tuesday, July 22, 2014 8:38 AM
To: Marian Karr
Cc: Mike Hodge; Anni(jSeegr4jller
Subject: 2815 Rohret and 03 N Linn t
Marian,
At the 7 -15 -14 City Council meeting the re- zoning for 2815 Rohret Road and i N Linn S assed first
consideration. Due to the Council only meeting once in July and August, we wou request the collapse of the
second and third reading and pass and adopt at the August 19th meeting. This request is being made for both
properties. Thank you for your consideration.
Kevin Digmann
Hodge Construction Company
Please confirm you received this email and the above request is adequate.
5e
Prepared by: Bailee McClellan, Planning Intern, NDS, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230
(REZ14- 00002)
ORDINANCE NO. 14 -4593
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. 14 -4593
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 19th day of August , 2014.
LVA •-
ATTEST:
CI CLERK
A rrp- ved by
t elu
City Attorney's Office 0 (I ` I I
Ordinance No. 14 -4593
Page 3
It was moved by Payne 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 06/17/2014
Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton
Botchway, Dickens. NAYS: None. ABSENT: None.
Second Consideration 07/15/2014
Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton,
Botchway, Dickens. NAYS: None. ABSENT: None.
Date published 08/28/2014
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 19th day of August _)2014
CITY OF IOWA CITY
4 sQ
Matt Hayek, Mayor
Attest:
Man n K. Karr, City Clerk
Approved by:
City Attorney's Office
ppdadm /agt/conditional zoning agreement.doc 2
By: g
M
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on er 20by 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)
0, 1 �� KELLIE K. TUTTLE
Title (and Rank) '!,S CommlSSion Niumber221819
_gym N"JYCOm issio Expires
AGRD GREEN BAY, LLC ACKNOWLEDGMENT:
State ofw� -
-
County of
This record was acknowledged before me on - ZO (Date)
by bey) 58:SAOP-i (Name(s) of in livid al(s) as
Lk ,4 a (type of authority, such as officer or trustee) of
it -C Cov,eQ , 3cx ti LLL. (name of party on behalf of whom record
was executed).
5
Notary Public in and for the State of low
(Stamp or Seal) eamm mtoa Numba 742461
t yes
Title (and Rank)
My commission expires: g Z�
ppdadm /agt/conditional zoning agreement.doc 3
5f
Prepared by: John Yapp, Development Services Coordinator, 410 E. Washington Street, Iowa City, IA 52240; 319-
356 -5252
ORDINANCE NO. 14 -4594
AN ORDINANCE AMENDING TITLE 14, ZONING CODE, CHAPTER 4, USE REGULATIONS, ARTICLE D,
TEMPORARY USES, TO ALLOW OUTDOOR SERVICE AREAS ASSOCIATED WITH RESTAURANTS AS
TEMPORARY USES IN RESIDENTIAL AND MIXED -USE ZONES.
WHEREAS, Outdoor Service Areas for alcohol service are currently permitted only in certain commercial
zones; and
WHEREAS, With the addition of regulatory conditions, restaurants in mixed -use zones and residential
zones which would benefit from being able to have a limited Outdoor Service Area, with the added benefit of
creating enhanced business opportunities along with improving the viability of walkable neighborhood
establishments; and
WHEREAS, Outdoor seating in an Outdoor Service Area associated with a restaurant is a desirable use
for restaurant patrons, provided there are conditions related to limit the size and scope of the Outdoor
Service Area; and
WHEREAS, Outdoor Service Areas permitted as a temporary use will not be considered an expansion of
a non - conforming use as the Outdoor Service Area is temporary; and
WHEREAS, The City regulates various aspects of Outdoor Service Areas through regulatory provisions
concerning location, screening, exits, occupancy, noise, signage and building code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
1. Title 14, Zoning Code, Chapter 4, Use Regulations, Article D, Temporary Uses, Section 2, Temporary
Uses Allowed, is hereby amended by adding a new subparagraph as follows:
An Outdoor Service Area, as defined in Title 4, operated in conjunction with a licensed establishment that
is a nonconforming eating establishment, an eating establishment allowed pursuant to a residential
planned development overlay zone, or an eating establishment located in the Mixed Use Zone.
2. Title 14, Zoning Code, Chapter 4, Use Regulations, Article D, Temporary Uses, Section 4, Approval
Criteria is hereby amended by adding a new subsection "I" as follows:
I. Where an Outdoor Service Area is allowed only as a temporary use pursuant to this Article, a
temporary use permit may be granted upon satisfaction of the following additional approval criteria:
1. The outdoor service area is operated in conjunction with a a "restaurant" as defined in Title 4,
Alcoholic Beverages;
2. The outdoor service area shall only be operational while the establishment is serving food from
an on- premises kitchen and the outdoor service area must be closed to all patrons by ten o'
clock (10:00) P.M. or when the kitchen is closed, whichever is earlier.
3. The outdoor service area occupancy limit shall not exceed thirty (30) persons.
4. A lighting plan for the outdoor service shall be filed with the application and approved by the
Building Official.
Ordinance No. 14 -4594
Page 2
5. The Outdoor Service Area is located on the street - facing side of the building, or in an enclosed
courtyard.
6. Conformance with all other criteria in Title 4, Alcoholic Beverages.
Title 14, Zoning Code, Chapter 4, Use Regulations, Article D, Temporary Uses, Section 5, Conditions of
Approval, Subsection A is hereby amended by repealing said Subsection A and adopting a new
Subsection A as follows:
A. Provision for a fixed period of time, not to exceed one hundred eighty (180) calendar days, for a
temporary use not occupying a structure, including promotional activities; , or one year for Outdoor
Service Areas, all other uses, and structures; or for a shorter period of time as determined by the
Building Official.
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 19thday of August 12014
A
MAYOR
ATTEST:
CITY CLER
Appr ved by
, 1964,
City Attorney's Office �� /!J
Ordinance No. 14 -4594
Page 3
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
NAYS:
First Consideration
Vote for passage: AYES:
Payne, Throgmorton.
Second Consideration _
Vote for passage:
ABSENT:
x
07/15/2014
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Botchway, Dickens, Dobyns, Hayek, Mims,
NAYS: None. ABSENT: None.
Date published 08/28/2014
Moved by Mims, seconded by Dobyns, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meeting 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: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton.
NAYS: None. ABSENT: Botchway.
�I
Prepared by: Jann Ream, Development Services Division, 410 E. Washington Street, Iowa City, IA 52240; 319-
356 -5120
ORDINANCE NO. 14 -4595
AN ORDINANCE AMENDING TITLE 14, ZONING CODE, CHAPTER 4, USE REGULATIONS,
ARTICLE B, MINOR MODIFICATIONS, TO ALLOW ARCHWAYS AND GATES OVER 4 FEET
IN HEIGHT IN REQUIRED RESIDENTIAL FRONT YARD SETBACKS.
WHEREAS, it is the general purpose of the Zoning Code regulations to enhance and protect the
physical appearance and safety of the community, to protect property values and to preserve Iowa City's
areas of natural, historic and scenic beauty; and
WHEREAS, the current fence regulations limit the height of fences and any portion of a fence, such as a
gate, to no more than Oft in a front yard setback area; and
WHEREAS, it is reasonable and in the best interests of the City to provide for flexibility in applying the
aforementioned standard in cases where allowing a taller integrated structure would enhance the streetscape
and neighboring properties; and
WHEREAS, the Minor Modification section of the Zoning Code allows for administrative review of minor
modification applications and input from property owners within 200ft of the subject property; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed changes to the Minor
Modification ordinance and recommend approval; and
WHEREAS, this amendment satisfies the purpose of the Zoning Code regulations and is in the public
interest.
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 subsection 14 -4B -1A by adding a paragraph 23, as follows:
An entranceway /gate more than 4ft in height in Residential Zones, provided it is designed to be
compatible with and enhance the surrounding neighborhood. An identification sign no more than 12
square feet in area incorporated as an integral element of the entranceway /gate may be permitted as
part of the requested minor modification.
B. Amend subsection 14- 4C- 2L(2)(d) by adding the following to the end of the paragraph:
A minor modification may be requested to adjust the height of an entranceway gate in a fence
located within a front yard setback area according to the procedures and approval criteria for minor
modifications contained in Chapter 4, article B of this title.
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 19thday of August 2014.
Ordinance No. 14 -4595
Page 2
sf-
ATTEST:
CITY-CLERK
Appr ed by
�z-41C
City Attorney's Office
Ordinance No. 14 -4595
Page 3
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 Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
First Consideration 07/15/2014
Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton, Botchway. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 08/28/2014
Moved by Mims, seconded by Dobyns, 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: Hayek, Mims, Payne, Throgmorton, Dickens, Dobyns.
NAYS: None. ABSENT: Botchway.
L08-19'-14
11
Prepared by: John Yapp, Development Services Coordinator, 410 E. Washington Street, Iowa City, IA 52240; 319-
356 -5252
ORDINANCE NO. 14 -4596
AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 3, OUTDOOR
SERVICE AREAS; SEASONAL, FIVE DAY OR FOURTEEN DAY LICENSES AND PERMITS,
SECTION 1, OUTDOOR SERVICE AREAS, TO CLARIFY AND MAKE CONSISTENT
LOCATION RESTRICTIONS AND CONDITIONS FOR OUTDOOR SERVICE AREAS IN
COMMERCIAL AND RIVERFRONT CROSSINGS ZONES
WHEREAS, The City regulates various aspects of Outdoor Service Areas ( "OSAs ") (areas with
alcohol service on private property) through regulatory provisions concerning location, screening,
exits, occupancy, noise, signage and building code; and
WHEREAS, Iowa City has adopted a new zoning classification known as Riverfront Crossings
Zones; and
WHEREAS, OSAs are appropriate in Riverfront Crossings Zones with regulatory conditions to
limit the size, hours of operation and lighting to ensure compatibility with residential living in the
Riverfront Crossings District; and
WHEREAS, OSAs associated with a restaurant may be appropriate in other non - Central Business
District Commercial Zones within 100 feet of a residential zone in accordance with the certain
conditions to limit size, hours of operation and lighting; and
WHEREAS, OSAs associated with restaurants may also be appropriate as a temporary use in
residential and mixed use zones, subject to certain location restrictions and conditions as stated in
Title 14 of the Zoning Code; and
WHEREAS, Staff recommends approval of this ordinance as it is in the public interest to enhance
business opportunities and improve the viability of walkable neighborhood establishments with
conditions to protect adjacent residences.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT.
Title 4, Alcoholic Beverages, Chapter 3, Outdoor Service Areas; Seasonal, Five Day or Fourteen
Day Licenses and Permits, Section 1, Outdoor Service Areas, Section C, Regulation of Outdoor
Service Areas, is hereby amended by repealing Section C(1) in its entirety and adopting a new
Section C(1) as follows:
C. Regulation of Outdoor Service Areas: The operation of an outdoor service area shall be
subject to the following terms, conditions and regulations:
Ordinance No. 14 -4596
Page 2
1. Location Restrictions:
a. An outdoor service area must be located on private property and may not encroach on
the public right of way.
b. An outdoor service area shall not be located on any side of a licensed establishment
which fronts on a street unless the outdoor service area is being operated in conjunction
with a "restaurant" as defined in section 4 -1 -1 of this title.
c. An outdoor service area must be immediately adjacent to the licensed establishment of
which it is a part.
d. An outdoor service area is permissible in any Central Business Zone, according to the
provisions of this Chapter.
e. An outdoor service area is permissible in any Riverfront Crossings Zone in accordance
with this Chapter and subject to the following:
(1) Outdoor service areas must be closed to all patrons by ten o'clock (10:00) P.M.
(2) Where the outdoor service area is within 100' of a residential (R) zone, the
occupancy limit shall not exceed thirty (30) persons.
(3) A lighting plan for the outdoor service area must be filed with the application and
approved by the city manager, or designee. -- - - .
(4) The City Council may impose additional conditions on the outdoor service area
permit if sufficient conflicts with properties in an adjacent R (residential) zone have
been identified or are to be reasonably expected.
(5) In the event that property within one hundred feet (100') of an established outdoor
service area is rezoned to any R (residential) zone classification, such outdoor
service area shall be permitted to continue in operation so long as it is continuously
authorized as such by the City Council without lapse, suspension or revocation. The
City Council may waive operation of this provision to permit continued operation of
the outdoor service area. in the event of lapse or suspension of the license or permit
for the establishment or in the event of lapse or suspension of City Council
authorization for the outdoor service area.
f. An outdoor service area is permissible in the CO -1, CN -1, CH -1, CI -1, and CC -2 zones,
according to the provisions of this Chapter and subject to the following limitations where
any part of such outdoor service area is located within one hundred feet (100') of an R
(residential) zone:
(1) The outdoor service area shall be operated in conjunction with a "restaurant ", as
defined in section 4 -1 -1 of this title.
(2) The outdoor service area shall only be operational while the establishment is serving
food from an on- premises kitchen. Outdoor service areas must be closed to all
Ordinance No. 14 -4596
Page 3
patrons by ten o'clock (10:00) P.M. or whenever the kitchen is closed, whichever is
earlier.
(3) The outdoor service area occupancy limit shall not exceed thirty (30) persons.
(4) A lighting plan for the outdoor service area must be filed with the application and
approved by the city manager, or designee.
(5) The City Council may impose additional conditions on a permit for such an outdoor
service area, if sufficient conflicts with properties in the adjacent R (residential) zone
have been identified or are to be reasonably expected.
(6) In the event that property within one hundred feet (100') of an established outdoor
service area is rezoned to any R (residential) zone classification, such outdoor
service area shall be permitted to continue in operation so long as it is continuously
authorized as such by the City Council without lapse, suspension or revocation. The
City Council may waive operation of this provision to permit continued operation of
the outdoor service area in the event of lapse or suspension of the license or permit
for the establishment or in the event of lapse or suspension of City Council
authorization for the outdoor service area.
g. An outdoor service area located within an R (Residential) zone or an MU (Mixed Use)
zone may be allowed as a temporary use under certain circumstances set forth in Article
14 -41D, and shall not be treated as a temporary outdoor service area for the purposes of
this Chapter. -
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 19th day of August , 20_L6�.
wle
AT TEST:
CITY LERK
Appr ved by
"e7—
C ty Attorney's Office
Ordinance No. 14 -4596
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 Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
First Consideration
Vote for passage: AYES:
Payne, Throgmorton.
07/15/2014
Botchway, Dickens, Dobyns, Hayek, Mims,
NAYS: None. ABSENT: None.
Second Consideration --------------- - --
Vote for passage:
Date published 08/28/2014
Moved by Mims, seconded by Dobyns, 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: Hayek, Mims, Payne, Throgmorton, Dickens, Dobyns.
NAYS: None. ABSENT: Botchway.