HomeMy WebLinkAbout2014-10-07 Ordinance50
a
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ14- 00013)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 25.8 ACRES OF PROPERTY TO RIVERFRONT
CROSSINGS — SOUTH DOWNTOWN (RFC -SD) ZONE AND RIVERFRONT CROSSINGS — CENTRAL
CROSSINGS (RFC -CX) ZONE LOCATED SOUTH OF BURLINGTON STREET IN THE RIVERFRONT
CROSSINGS DISTRICT (REZ14- 00013)
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 properties are located in the South Downtown
and Central Crossings Subdistricts of the Riverfront Crossings District; and
WHEREAS, the City has initiated this rezoning of a large portion of the South Downtown Subdistrict and
block of the Central Crossings Subdistrict in order to facilitate implementation of the Riverfront Crossings
Master Plan; and
WHEREAS, the Riverfront Crossings,— South Downtown (RFC -SD) and Central Crossings (RFC -CX)
Zones were developed to help implement the vision of the Riverfront Crossings Master Plan by encouraging
redevelopment that will create a pedestrian - friendly, urban neighborhood through form -based zoning
standards that specify placement of buildings and parking, enhanced streetscaping, improved building
designs and open space; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The property described below is hereby zoned as follows:
A. Lots 1 -4 Block 8, County Seat Addition to RFC -CX.
B. Lots 7 & 8, Block 93, Original Town; the south 70' of Lot 4 Block 101, Original Town; Blocks 102 &
103, Original Town; Lots 1 -14, S. Johnson Subdivision; Lots 2 -6 Block 2, Berryhill Pierce Addition;
Lots 1 -8 Block 5, Lyon's First Addition; Blocks 1 & 19, County Seat Addition; Lot 4, and that portion of
Lots 2 & 3 south and east of Ralston Creek, all in Block 20, County Seat Addition; and Lot 8 Block 8,
County Seat Addition to RFC -SD.
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. 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 City'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 , 2014.
MAYOR
ATTEST:
CITY CLERK
Ordinance No.
Page 2
Appr ved by
ku
"City Attorneys Office 1110/1Y
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 09/16/2014
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway,
Dickens, Dobyns. NAYS: None. ABSENT:,None.
Second Consideration 10/07/2014
Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton, Botchway. NAYS: None. ABSENT: None
Date published
5b
Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ14-
00011)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY .54 ACRES FROM INTENSIVE COMMERCIAL (CI -1)
ZONE TO RIVERFRONT CROSSINGS — CENTRAL CROSSINGS (RFC -CX) ZONE AT 201 E. BENTON
STREET AND 912 -914 S. DUBUQUE STREET AND DESIGNATION OF 914 S. DUBUQUE STREET AS
A HISTORIC LANDMARK (REZ14- 00011)
WHEREAS, the applicant, XJ -23 LLC , has requested a rezoning of property located at 201 E. Benton
Street and 912 -914 S. Dubuque Street from Intensive Commercial (CI -1) to Riverfront Crossings — Central
Crossings (RFC -CX); and
WHEREAS, the applicant has also requested that the property at 914 S. Dubuque Street (known as the
Tate Arms), be designated as an Iowa City Historic Landmark; and
WHEREAS, the properties are located in the Central Crossings District of the Downtown and Riverfront
Crossings Master Plan, which indicates that the they are appropriate for mixed use development; and
WHEREAS, the Downtown and Riverfront Crossings Master Plan and the Historic Preservation Plan
support the preservation of the property located at 914 S. Dubuque Street; and
WHEREAS, the RFX -CX zone provides for the consideration of the transfer of development rights to
help preserve the Tate Arms building; and
WHEREAS, the Historic Preservation Commission has reviewed the proposed Historic Landmark
designation for the property located at 914 S. Dubuque St. and has recommended approval; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and Historic
Landmark designation and has recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I ZONING APPROVAL. Property described below is hereby reclassified from its current
zoning designation of Intensive Commercial (CI -1) to Riverfront Crossings — Central Crossings (RFC -CX):
Whites Subdivision of Outlot 4 County Seat Addition Lots 34, 35 and 36.
SECTION II HISTORIC LANDMARK APPROVAL. Property described below is hereby designated as an
Iowa City Historic Landmark:
Whites Subdivision of Outlot 4 of County Seat Addition Lot 34.
SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION 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 to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION 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.
MAYOR
ATTEST:
CITY CLERK
A by
i
City Attorney's Office / i y
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 09/16/2014
Vote for passage: AYES: Dobyns, Hayek, Mims, Payne,
Throgmorton, Botchway, Dickens. NAYS:,None. ABSENT: None.
Second Consideration _
Vote for passage:
Throgmorton,
Date published
10/07/2014
AYES: Dobyns, Hayek, Mims, Payne,
Botchway, Dickens. NAYS: None. ABSENT: None.
5c
Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230
(REZ14- 00012)
ORDINANCE NO. 14 -4597
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 33.37 ACRES OF PROPERTY
LOCATED ON THE EAST SIDE OF CAMP CARDINAL ROAD NORTH OF CAMP CARDINAL
BOULEVARD FROM INTERIM DEVELOPMENT SINGLE FAMILY RESIDENTIAL (ID -RS) TO LOW
DENSITY SINGLE FAMILY RESIDENTIAL (RS -5). (REZ14- 00012)
WHEREAS, the applicant, St. Andrew Presbyterian Church, has requested a rezoning of property
located north of Camp Cardinal Boulevard and east of Camp Cardinal Road from Interim Development
Single Family Residential (ID -RS) to Low Density Single Family Residential (RS -5); and
WHEREAS, the Comprehensive Plan indicates that the area is appropriate for low to medium density
single family residential uses; 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 the improvement of Camp Cardinal Road and the extension of water and sewer lines; 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
Interim Development Single Family Residential (ID -RS) to Low Density Single Family Residential (RS -5):
COMMENCING AT THE NW CORNER OF THE SW FRACTIONAL QUARTER OF THE SW QUARTER OF
SECTION 7, TOWNSHIP 79 N, RANGE 6W OF THE PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY,
IOWA;
THENCE N1D02'35 "W 57.38' ALONG THE WEST LINE OF SAID FRACTIONAL QUARTER TO THE POINT OF
BEGINNING;
THENCE CONTINUING N1D02'35 "W 429.25' ALONG SAID W LINE TO THE NW CORNER OF AUDITOR'S
PARCEL 2012062;
THENCE N88D43'06 "E 1562.51' ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL2012062 TO THE
WEST LINE OF WALNUT RIDGE -PART 3 IOWA CITY, IOWA AS RECORDED IN BOOK 33, PAGE 62 IN THE
OFFICE OF THE LINN COUNTY, IOWA RECORDER;
THENCE SOD05'11 "W 978.41' ALONG SAID W LINE TO THE SE CORNER OF SAID AUDITOR'S PARCEL
2012062;
THENCE N89D19'26 "W 1457.29' ALONG THE S LINE OF SAID AUDITOR'S PARCEL 2012062 TO THE SW
CORNER THEREOF;
THENCE N9D31'39 "W 504.26' ALONG THE W LINE OF SAID AUDITOR'S PARCEL2012062;
THENCE S88D58'29 "W 12.18' ALONG SAID W LINE TO THE POINT OF BEGINNING.
Ordinance No. 14 -4597
Page 2
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 111. 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 7th day of October , 2014.
MAYOR
ATTEST:
CITY CLERK
App oved by
City Attorney's Office
Ordinance No. 14 -4597
Page 3
It was moved by Dobyns and seconded by _
Ordinance as read be adopted, and upon roll call there were:
Dickens that the
AYES:
NAYS: ABSENT:
x
Botchway
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
x
Throgmorton
First Consideration 09/02/2014
Voteforpassage: AYES: Dickens, Dobyns, Mims, Payne, Throgmorton,
Botchway. NAYS: None. ABSENT: Hayek.
Second Consideration 09/16/2014
Voteforpassage: AYES: Payne, Throgmorton, Botchway, Dickens,
Dobyns, Hayek, Mims. NAYS: None. ABSENT: None.
Date published 10/16/2014
Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230
(REZ14- 00012)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City ") and St. Andrew Presbyterian Church (hereinafter "Owner ").
WHEREAS, Owner is the legal title holder of approximately 33.37 acres of property
located north of Camp Cardinal Boulevard and east of Camp Cardinal Road; and
WHEREAS, Owner has requested the rezoning of said property from Interim
Development Single Family Residential (ID -RS) to Low Density Single Family Residential (RS-
5); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the improvement of Camp Cardinal Road and the extension of water and
sewer lines, 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, Owner acknowledges that certain conditions and restrictions are reasonable
to ensure the development of the property is consistent with the Comprehensive Plan and its
requirements for adequate street access; and
WHEREAS, Owner acknowledges the need to improve Camp Cardinal Road to provide
street access to this property; and
WHEREAS, Owner recognizes that the extension of water and sewer lines is necessary
for the future development of surrounding properties; and
WHEREAS, 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. St. Andrew Presbyterian Church is the legal title holder of the property legally described
as the following:
ppdadm/agt/conditional zoning agreement st andrew.docx
COMMENCING AT THE NW CORNER OF THE SW FRACTIONAL QUARTER OF THE SW QUARTER OF
SECTION 7, TOWNSHIP 79 N, RANGE 6W OF THE PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY,
IOWA;
THENCE N1DOT35 "W 57.38' ALONG THE WEST LINE OF SAID FRACTIONAL QUARTER TO THE POINT OF
BEGINNING;
THENCE CONTINUING N1D02'35 "W 429.25' ALONG SAID W LINE TO THE NW CORNER OF AUDITOR'S
PARCEL 2012062;
THENCE N88D43'06 "E 1562.51' ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL2012062 TO THE
WEST LINE OF WALNUT RIDGE -PART 3 IOWA CITY, IOWA AS RECORDED IN BOOK 33, PAGE 62 IN THE
OFFICE OF THE LINN COUNTY, IOWA RECORDER;
THENCE SOD05'11 "W 978.41' ALONG SAID W LINE TO THE SE CORNER OF SAID AUDITOR'S PARCEL
2012062;
THENCE N89D!9'26 "W 1457.29' ALONG THE LINE OF SAID AUDITOR'S PARCEL 2012062 TO THE SW
CORNER THEREOF;
THENCE N9D31'39 "W 504.26' ALONG THEW LINE OF SAID AUDITOR'S PARCEL2012062;
THENCE S88D58'29 "W 12.18' ALONG SAID W LINE TO THE POINT OF BEGINNING.
2. 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 conditions:
a. Camp Cardinal Road will be reconstructed to City collector street standards.
b. Water and sewer lines will be extended to the north and west property lines in
locations acceptable by the City Engineer.
c. Construction plans for Camp Cardinal Road and water and sewer infrastructure must
be approved by the City and under construction prior to issuance of any building
permit.
d. Emergency vehicle access and extension of water lines to the construction site must
be complete prior to the issuance of any building permit.
e. A final certificate of occupancy will not be issued until all infrastructure improvements
are complete and accepted by the City.
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.
ppdadm/agt/conditional zoning agreement st andrew.docx 2
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 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
�,(TY 0F. [0,WA CITY... ' .; ST. ANDREW PRESBYTERIAN CHURCH
A
Matthew J. Hayek, Mayoi\
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office 2 j'
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
0
This instrument was acknowledged before me on 0&1- ,� r' ��� , 2014 by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
ppdadm/agticonditional zoning agreement st andrew.docx 3
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2 CoMmission Number 221819
Title (and Rank) ioivs My E0 1 issio Exx ires
ST. ANDREW PRESBYTERIAN CHURCH ACKNOWLEDGMENT: T
State of
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by�� /1`711 -h (Name(s) of individual(s) as
(type of authority, such as officer or trustee) of
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was executed).
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ppdadm/agt/conditional zoning agreement st andrew.docx 4