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HomeMy WebLinkAbout2014-12-02 Ordinance12-02-14 5a Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ14-00020) ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 51.03 ACRES FROM INTERIM DEVELOPMENT — RESEARCH PARK (ID -RP), RESEARCH DEVELOPMENT PARK (RDP) AND PLANNED DEVELOPMENT OVERLAY- HIGHWAY COMMERCIAL (OPD-CH1) TO INTERIM DEVELOPMENT — RESEARCH PARK (ID -RP), RESEARCH DEVELOPMENT PARK (RDP) AND PLANNED DEVELOPMENT OVERLAY- HIGHWAY COMMERCIAL (OPD-CH1) LOCATED NORTH OF INTERSTATE 80 AND WEST OF HIGHWAY 1 (REZ14-00020) WHEREAS, the applicant, Steve Moss, filed with the City Clerk of Iowa City, Iowa, a rezoning application to adjust zoning boundaries within the proposed Moss Ridge Campus office research park to coincide with changes to the lot lines in a revised preliminary plat of Moss Ridge Campus, a 9 -lot, 4-outlot commercial subdivision; and WHEREAS, the area is currently zoned for office research park uses (RDP) and commercial services (OPD-CH1) to support the office park, with future phases of the office park zoned Interim Development- Research Park (ID -RP), pursuant to a 2012 rezoning that included a conditional zoning agreement requiring, among other things, the development of a master plan for the shared amenities, landscaping, stormwater facilities, and signage for the Class A office park, and review of all site plans by the Planning and Zoning Commission; WHEREAS, this requested rezoning maintains the same zoning districts, but merely shifts the boundaries to coincide with shifts in proposed lot lines shown on an amended preliminary plat, which was amended to reflect a refined stormwater management plan and change road patterns to better preserve sensitive environmental features in future phases of the development; and WHEREAS, the Department of Neighborhood Development Services and the Public Works Department have examined the Sensitive Areas Development Plan, Preliminary Planned Development Plan, and recommend approval of this rezoning subject to the same conditions stated in the 2012 conditional rezoning agreement, except that the applicant has filed a master plan for the shared amenities, landscaping, stormwater facilities, and signage for the Class A office park, so Staff no longer recommends review and approval of each site plan by the Planning and Zoning Commission; and WHEREAS, these conditions ensure that the office park is developed in a cohesive and attractive manner typical of a high-quality office park and said conditions shall be recorded as a conditional zoning agreement; and WHEREAS, the existing concept plan submitted for the OPD CH -1 zoned properties remains unchanged, and will be recorded with this conditional zoning agreement as part of the planned development plan; and WHEREAS, the Planning and Zoning Commission examined the Preliminary Planned Development Plan and Sensitive Areas Development Plan, and after due deliberation and consideration of the application materials and the staff recommendations, has recommended approval subject to certain conditions stated in the conditional zoning agreement; 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 has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement 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: Ordinance No. Page 2 SECTION I. APPROVAL: 1. The approximately 35.23 acres of property legally described below, is hereby reclassified from Interim Development - Research Park (ID -RP) and Research Development Park (RDP) to Research Development Park (RDP): Legal Description: Part of the East half of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the 5th P.M. lying North of the Northerly Right -of -Way line of Interstate Highway 80, Johnson County, Iowa, more particularly described as follows: Beginning at the East Quarter corner of Section 35, Township 80 North, Range 6 West of the 5th P.M., Johnson County, Iowa; Thence S 02006'54" E along the East line of the Southeast Quarter of said Section 35 a distance of 1242.63 feet; Thence S 90°00'00" W a distance of 499.45 feet; Thence S 00000'00" E a distance of 356.75 feet; Thence N 90000'00" W a distance of 603.58 feet; Thence N 00000'00" E a distance of 33.00 feet; Thence N 90°00'00" E a distance of 94.30 feet; Thence N 00000'00" E a distance of 395.48 feet; Thence N 53029'13" W a distance of 169.20 feet; Thence N 29033'23" W a distance of 303.41 feet; Thence N 1303226 E a distance of 357.33 feet; Thence N 38034'37" E a distance of 328.22 feet; Thence S 85035'58" E a distance of 181.16 feet; Thence Northeasterly a distance of 44.63 feet along the arc of a 383.00 foot radius curve concaved Easterly (chord bears N 07057'23" E a distance of 44.61 feet); Thence N 11°17'41" E to the North line of said Southeast Quarter a distance of 161.18 feet; Thence N 88059'11" E along said North line to the Point of Beginning a distance of 741.94 feet. Said parcel contains 35.23 acres, subject to easements and restrictions of record. 2. The approximately 15.80 acres of property legally described below is hereby reclassified from Overlay Planned Development - Highway Commercial (OPD -CH -1) and Research Development Park (RDP) to Overlay Planned Development - Highway Commercial (OPD -CH - 1) with the certain additional land uses allowed according to the a conditional zoning agreement approved herein. Legal Description: Part of the East half of the Southeast Quarter of Section35, Township 80 North, Range 6 West of the 5th P.M. lying North of the Northerly Right -of -Way line of Interstate Highway 80, Johnson County, Iowa, more particularly described as follows: Commencing at the East Quarter corner of Section 35, Township 80 North, Range 6 West of the 5th P.M., Johnson County, Iowa; Thence S 02006'54" E along the East line of the Southeast Quarter of said Section 35 to the Point of Beginning a distance of 1242.63 feet; Thence continuing along said East Line S 02006'54" E to the Northerly Right -of -Way of Interstate Highway 80 a distance of 737.90 feet; Thence S 81004'07" W along said Northerly Right -of - Way a distance of 646.23 feet; Thence N 89031'13" W along said Northerly Right -of -Way a distance of 491.88 feet; Thence N 00000'00" E a distance of 476.86 feet; Thence N 90°00'00" E a distance of 603.58 feet; Thence N 00000'00" E a distance of 356.75 feet; Thence N 90000'00" E to said East Line and Point of Beginning a distance of 499.45 feet. Said parcel contains 15.80 acres, subject to easement and restriction of record. 3. The approximately 10.98 acres of property legally described below is hereby reclassified from Interim Development - Research Park (ID -RP) and Research Development Park (RDP) to Interim Development - Research Park (ID -RP). Legal Description: Part of the East half of the Southeast Quarter of Section35, Township 80 North, Range 6 West of the 5th P.M. lying North of the Northerly Right -of -Way line of Interstate Highway 80, Johnson County, Iowa, more particularly described as follows: Commencing at the East Quarter corner of Section 35, Township 80 North, Range 6 West of the 5th P.M., Johnson County, Iowa; Thence S 88059'11" W along the North line of the Southeast Quarter of said Section 35 to the Point of beginning a distance of 741.94; Thence S 11°17'41" W a distance of 161.18 feet; Thence Southwesterly a distance of 44.63 feet along the arc of a 383.00 foot radius curve concaved Easterly (chord bears S 07°57'23" W a distance of 44.61 feet); Thence N 85°35'58" W a distance of 181.16 feet; Thence S 38034'37" W a Ordinance No. Page 3 distance of 328.22 feet; Thence S 13°32'26" W a distance of 357.33 feet; Thence S 29°33'23" E a distance of 303.41 feet; Thence S 53029'13" E a distance of 169.20 feet; Thence S 00°00'00" E a distance of 395.48 feet; Thence S 90000'00" W a distance of 94.30; Thence S 00000'00" E to the Northerly Right -of -Way of Interstate Highway 80 a distance of 509.86 feet; Thence N 89°31'13" W along said Northerly Right -of -Way to the West line of the East half of said Southeast Quarter a distance of 188.54 feet; Thence N 02008'49" W along said West line of the East half to said North line of the Southeast Quarter a distance of 2051.86 feet; Thence N 88°59'11" E along said North line of the Southeast Quarter to the Point of Beginning a distance of 580.83 feet. Said parcel contains 10.98 acres, subject to easements and restrictions of record. SECTION II. 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 and the City, following passage and approval of this Ordinance. 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, the associated conditional zoning agreement, planned development plan, sensitive areas development plan, and concept plan for Moss Office Park 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 provi- sions 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 unconsti- tutional. 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 Ap oved by City Attorneys Office Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ12-00005 & REZ12-00006) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Moss Farms, Inc., Stephen A. Moss and David G. Moss (hereinafter collectively referred to as "Owner"). WHEREAS, Owner is the legal title holder of approximately 172 acres of property located northwest of the interchange of State Highway 1 with Interstate 80; and WHEREAS, Owner has requested to adjust the zoning boundary lines for approximately 15.8 acres to Planned Development — Highway Commercial (OPD -CH -1), 35.23 acres of Research Development Park (RDP), and 120.85 acres of Interim Development — Research Park (ID -RP); and WHEREAS, a planned development overlay zone allows flexibility in the design, placement and clustering of buildings, mixture of uses and related site and design considerations; and WHEREAS, the OPD CH -1 rezoning is appropriate to allow for certain retail services to support office park uses not otherwise allowed within the CH -1, particularly given the proximity to the 1-80 and Highway 1 interchange; and WHEREAS, it is in the interests of the City and the developer that the commercial component of this development be integrated with the other uses allowed in the office park, Owner has agreed to certain conditions to ensure that the office park and the support commercial is developed in a cohesive and attractive manner typical of a high-quality office park and said conditions shall be recorded as a conditional zoning agreement; and WHEREAS, the Planning and Zoning Commission has determined that with appropriate conditions regarding landscaping, signage, building location, design and materials that ensure that the office park and the support retail area are developed to the quality expected for a Class A Office Park, that the requested zoning and the various requested modifications to the zoning are consistent with the Comprehensive Plan goals of environmental stewardship and expansion of quality job opportunities within the community; and WHEREAS, the Planning and Zoning Commission recommends that the concept plan submitted for the OPD -CH -1 zoned properties should be recorded as a part of the planned development plan and all individual site plans for all lots within the office park comply,with said concept plan and the conditions contained in this conditional zoning agreement in order. to ensure that the office park and associated support retail area is developed in a cohesive and quality manner overtime; 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 WHEREAS, Owner agrees to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. _ NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owner is the legal title holder of the property legally described as follows: A PART OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 35 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA, AND LOT 4, LOT 5, LOT 10, THE SOUTH 9 ACRES OF LOT 6, AND THE SOUTH 12.5 ACRES OF LOT 8 OF A SUBDIVISION OF THE NORTHEAST QUARTER OF SAID SECTION 35 (PLAT RECORDED IN PLAT BOOK 1, PAGE 11 AT THE,JOHNSON COUNTY RECORDER'S OFFICE) ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 2007' EAST 1980.6 FEET ALONG THE EAST OF SAID SOUTHEAST QUARTER (ASSUMED BEARING FOR THIS DESCRIPTION ONLY) TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE NO. 80; THENCE SOUTH 81004' WEST 646.2 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE; THENCE NORTH 89°31' WEST 1731.77 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE EAST 63.75 ACRES OF THE WEST ONE-HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE NORTH 2°15' WEST 2023.7 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID LOT 8; THENCE SOUTH 88°58' WEST 124.5 FEET TO THE SOUTHWEST CORNER OF SAID LOT 8; THENCE NORTH 2008' WEST 1056.0 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE SOUTH 12.5 ACRES OF SAID LOT 8; THENCE NORTH 88058' EAST 2504.49 FEET ALONG SAID NORTH LINE AND ALONG THE NORTH LINE OF THE SOUTH 9 ACRES OF SAID LOT 6 AND ALONG THE NORTH LINE OF SAID LOT 4 TO A POINT OF INTERSECTION WITH THE EAST LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 1057' EAST 1056.0 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING AND CONTAINING 171.88 ACRES MORE OR LESS. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Sensitive Areas Development Plan, and that the conditions imposed upon the property are reasonable and designed to satisfy public needs caused by the requested zoning change. Further, the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable 2 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 shall comply with the zoning ordinance, as well as the following conditions: 1) A comprehensive landscape plan for the above-described property shall be submitted and be approved by the Director of Neighborhood Development Services or designee prior to approval of the final plat for the first phase of development of the above-described property. This plan shall address location of and the general concept for stormwater facilities and illustrate the shared amenities or features of the park, including any trail system, entranceway signage or similar features. The plan shall be detailed for the area designated as phase one of the development. The landscaping plan for any outlot may be conceptual in nature, but should take into account and be complementary to the sensitive environmental features of the site, including the stream corridors, woodlands, slopes, wetlands, and similar topographic and geographic features. This plan does not need to include landscaping details for individual lots, but rather it should convey the overall character of the shared open space and amenities proposed for the office park and support retail area. 2) Prior to final plat of any development phase, a master sign plan shall be submitted to and approved by the Director of Neighborhood Development Services or designee, indicating potential locations and design concept for common signage for the office park, which may include on -premise and off -premise signage for the office park, such as entranceway signage, directional signage, development signs, identification signage, masonry wall signs, monuments signs, and interstate signs. The design of all common signage for the development should have a consistent theme and be constructed of similar quality materials and lettering. 3) For the area zoned OPD -CH -1, the following additional allowances, standards and restrictions apply: a. No more than two drive-through facilities shall be allowed by special exception. Drive-throughs shall comply with the special exception approval criteria applicable in the CC -2 Zone, as set forth in the Iowa City Code of Ordinances. Accessory outdoor display and storage is allowed only in accordance with the commercial site development standards that apply in the CC -2 Zone. b. The commercial buildings should be the prominent feature as viewed from the public streets within the development. To that end, each principal commercial building shall have at least one main building entrance oriented toward the street. Parking areas shall be located largely to the side or rear of buildings, however a maximum of one double -sided parking aisle may be located between the building and the street, except for lots with multiple frontages, for which only one frontage needs to meet this standard. c. Parking areas must be setback at least 50 feet from the Interstate 80 right-of- way and this setback area must be landscaped with trees, shrubs and ground cover consistent with the comprehensive landscaping plan for the office park. d. Land uses are restricted to those allowed in the Highway Commercial (CH -1) Zone, plus the following additional uses: i. Sales -oriented and Personal Service -Oriented Retail Uses up to a maximum of 50,000 square feet per lot; 3 ii. General Animal -Related Commercial Uses; and iii. Specialized Educational Facilities, all as defined in the Iowa City Code of Ordinances. 4) Site plans for development of every lot shall be reviewed and approved by the City according to the following standards prior to issuance of a building permit for the subject lot: a. Landscaping Standards i. On lots zoned RDP, the total ground area devoted to open space for natural landscape and landscape beautification shall be not less than 35% of the total land area shown on the site plan. Such open space shall be free of all drives, parking areas, structures, buildings, and other permanent improvements, except for those walkways, monuments, ornamental structures, and other features considered to be necessary but essential to the central landscape theme. ii. Stormwater facilities shall be designed as an integral part of the landscaping plan. iii. Building and parking area placement and provision of open space shall take into account and respond sensitively to the topography and environmental features on the site to the extent possible and as required according to the approved sensitive areas development plan. iv. Parking areas, loading ramps, utility areas, and similar vehicular use areas shall be effectively screened from public view. Screening shall be accomplished through the design incorporation of landscaping such as planting screens using both deciduous and evergreen tree and shrub species, the combination of which have year-round effectiveness; topography such as the natural or manmade grade differences; structural additions such as permanent walls; or other equally permanent and effective screening innovations. Any one or combination of screening methods may be used providing, however, the net result shall be complementary to the central landscape theme as well as effectively accomplish the concealment of the area in question. v. Parking shall be set back a minimum of 20 feet from City street rights- of-way, 50 feet from the Interstate 80 right-of-way, and 10 feet from all other property lines and from common drives external to a parking area, except in the case of abutting parking lots for which cross - access has been established over the parking areas, which may be constructed as seamless paving across the property line. b. Building Material Standards i. Building facades shall be predominantly constructed of high quality exterior building materials, including window systems, brick, masonry, stone, stucco, colored and burnished concrete masonry units, architectural pre -cast panels, and architectural metal panels. Concrete panels with a veneer of brick or masonry may be approved provided the material gives the appearance of one or more of the high quality building materials listed above. Predominately is defined as at least 75 percent of the exterior of the entire building, but not necessarily of each building wall. Use of high quality building materials should be concentrated along building walls that are visible from public streets and public areas or that contain public entrances. 4 ii. Other lower quality or less durable exterior building materials, such as smooth -faced concrete block, unadorned tilt -up concrete panels, and EIFS do not qualify as quality building materials and should be limited. In no case shall EIFS be used within the first 8 feet above grade. Lower quality metal siding, such as that used for metal pole buildings, is not allowed. iii. Material and color changes should generally occur at a change of plane and at an inside corner. Material or color changes at the outside corners of structures that give the impression of veneer or artificiality of the material are not allowed. c. Building Articulation and Fenestration Standards i. Buildings must include details and features that provide visual interest, reduce the perception of the mass of the building, and provide a cohesive appearance to the building. Building facades shall be articulated by using color, window arrangement, change in materials, and change in plane to vary the height, depth, or direction of exterior walls. Stretches of blank wall with no windows or other architectural features are discouraged, particularly along building walls that are within public view, as defined by the Iowa City Code of Ordinances. ii. Rear and side facades that are visible from streets, pedestrian walkways, or shared open spaces shall have the same type of materials and detailing found on the principal facades of the building. iii. Whenever practical, the heights of walls, cornice or parapet lines should match or be complementary to those of neighboring buildings. Design linkages are required through the placement of window lines, belt courses, and other horizontal elements in a pattern that reflects similar elements or other horizontal lines in neighboring buildings. Windows should be recessed or otherwise set apart from the building's principal fagade to provide horizontal lines and vertical rhythm to the building. Building design should be compatible and harmonious with neighboring buildings, but variety is also encouraged to prevent monotony. iv. Building awnings or canopies that provide a generally consistent cover along pedestrian walkways are encouraged. A functional awning or canopy (minimum 6 feet in depth) is required at entranceways on retail buildings. Arcades may also be used to provide weather protection for pedestrians. v. Transparent entries and large ground -level storefront windows are required along street -facing. facades of all retail buildings (not including banks or hotels/motels). To meet this standard a minimum of 50% of the street -facing building facade between 2 and 10 feet in height from the adjacent exterior grade must be comprised of transparent (no more than 10% daylight reduction) windows and doors. Such windows and doors must be vertically-oriented in a standard, mainstreet storefront configuration that allow views into the interior space or be designed as storefront display windows that are set into the wall. Display cases attached to the outside building wall do not qualify. While banks, hotels and motels are not required to meet this standard, transparent entries, and generous fenestration 5 along street -facing facades is encouraged consistent with the intended use of the building. d. Signage Standards i. Wall Signs: All signage constructed as wall signs on building fascia within the development shall incorporate aesthetic features compatible with the overall character of the development. All wall signs will be composed of solid individual letters attached to the building fascia, or individual letters of anodized aluminum, galvanized metal, or illuminated, self-contained translucent plastic faces set in anodized aluminum returns and trim. Logos shall generally be constructed in the same manner as individual letters including contouring to follow the shape of the logo. In situations in which the logo cannot be contoured, a panel sign may be allowed if the panel is sized and constructed in a manner that minimizes the overall sign size and limits the portion illuminated to just the logo. ii. Freestanding pole signs, including tall interstate pole signs, are not allowed. However, one common wide -based freestanding sign is allowed along the interstate frontage to serve lots 4, 5, 6, and 7. Up to one additional common, wide -based freestanding sign is allowed along the interstate frontage to provide identification for other uses within the larger office park. Said interstate signs shall not exceed 30 feet in height or 12 feet in width and shall be designed in a manner that is consistent with the design of other signs within the office park. Said interstate signs shall be setback a minimum of 20 feet from the interstate right-of-way but shall be located within the first 100 feet of lot depth as measured from the interstate right-of-way. The maximum copy area of each sign face on an interstate sign shall not exceed 200 square feet. The sign may be double-faced for a total of 400 square feet. The name of the development shall be indicated within the top one-fourth of the sign copy area. The maximum letter height for tenant identification copy on the sign shall be eighteen (18) inches. iii. Monument signs shall be allowed on each lot according to the approved sign plan for the development. Monument signs may exceed the maximum height specified in the Iowa City Zoning Code, but in no case shall a monument sign exceed 8 feet in height. iv. One of the following sign types, as defined in the Iowa City Code of Ordinances, is allowed at the entrance to the office park near the intersection of Moss Ridge Road and Highway 1 and one additional of said sign types is allowed near the intersection of Moss Ridge Road and the east property line of the property legally described above: Development Sign; Entranceway Sign; or Masonry Wall Sign(s). The location and design of these signs shall be identified in the Master Sign Plan that is approved prior to final plat of any part of the above- described property. The signs shall be identification signs for the entire office park and shall not .provide identification for individual tenants or businesses within the office park. The sign shall be in conformance with the specifications set forth in Table 513-5 of the Iowa City Zoning Code, regardless of the zone in which the sign is located. Additional locations for similar entranceway signage may be allowed near the intersections with Oakdale Boulevard and/or in locations where other public streets enter the office park development from an abutting property that is not within the development. Specific entranceway sign locations for future phases of the office park shall be determined at the time of final plat for the respective future phase. v. On or off -premise directional signage may be allowed according to the master sign plan. 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 shall 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 acknowledge(s) 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 Owner's expense. Dated this day of , 2014. CITY OF IOWA CITY 0 Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office OWNER _ By: Stephen A. Moss, individually and as Pr W, ss ar s, Inc. David G. Moss Sonya S.o s, Spouse of Stephen A. Moss JaKet A. Moss, Spouse of David G. Moss 7 CITY's ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 2014, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa OWNERS' ACKNOWLEDGEMENTS STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 1�k day of 1�LWA1. cy , 2014, before me, a Notary Public in and for the State of Iowa, personally appeared Stephen A. Moss, to me personally known, who, being by me duly sworn, did say that he is the President of MOSS FARMS, INC., the corporation executing the within and foregoing instrument, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Stephen A. Moss, as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. wt, iNtUIBLIRLYAJA0ELLER �IA A�G� commission isumber 727039 - _• ray c mission expires Notary P ip c in and forVthe State of Iowa biz rzl)i i_a- �J STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 1�k day of �l1VC 2014, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Stephen A. Moss and Sonya S. Moss, individually, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. _ ' KiMBERLYA. PAOE_LER z °� Commission Number 727039 Notary Pu is i and for the State of Iowa r,�on Expires . 8 STATE OF COLORADO ) ss: COUNTY OF BOULDER ) On thisday of �,i ryV�v�b-G�r 2014, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared David G. Moss and Janet A. Moss to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. XAVIER LEWIS NOTARY PUBUC Notary STATE OF COLORADO NOTARY ID 20144026467 MY COMMISSION EXPIRES JULY 07, 2018 t7 rado Planning and Zoning Commission November 6, 2014 - Formal Page 2 of 16 Swygard seconded the motion. Eastham opened the discussion for public hearing. There was none. Eastham closed public hearing. A vote was taken and the motion carried 6-0 Rezonina ! Development Item (REZ14-00020/SUB14-00019 Discussion of an application submitted by Moss Farms/Stephen A. Moss for a rezoning of approximately 51.03 acres from Interim Development- Research Park (ID -RP), Research Development Park (RDP) and Planned Development Overlay- Highway Commercial (OPD- CH1) to Interim Development — Research Park (ID -RP), Research Development Park (RDP) and Planned Development Overlay- Highway Commercial (OPD-CH1). This rezoning represents a shift of existing zoning boundaries to coincide with the lot lines in a revised preliminary plat of Moss Ridge Campus, a 9 -lot, 4-outlot commercial subdivision located west of 2510 N. Dodge Street and north of Interstate 80 Howard presented the staff report. The development is located north of Interstate 80 and west of Highway 1. Howard showed a map of the area in which the red lines showed the current boundary lines of the zoning and the hash lines showing the entire first development phase. There are two items before the Commission tonight; first rezoning that will shift zoning boundaries and second that zoning shift will coincide with lot lines in the revised plat. Howard noted that preliminary plats are valid for two years and the previous plat had just expired. A preliminary plat and associated rezoning for the office park was approved in 2012, and through the development of the master plan and the grading plans for the site to make the lots more conducive to office park development they found they need to shift the boundaries. Additionally, Howard pointed out that due to the sensitive areas on the site, one of the roads previously proposed across the center of the development would be eliminated in order to preserve more of the wooded areas in future phases of the development. There was an environmental review that determined this area to contain habitat for the endangered Indiana Bat so any woodland disturbed in this area will have to be mitigated. The plan for stormwater management has been refined since the previous preliminary plat was approved, which has also caused a shift in the lot lines. The revised plat also indicates areas that will be reserved for wetland mitigation and bat habitat conservation. Howard showed a plat of the new proposed zoning boundaries to illustrate the shift in the boundaries. She also showed a map showing the lot lines in the revised plat. There are nine lots; 4 - 7 are reserved for retail services that would support a larger office park, and the remaining lots are reserved for research development park. It is the same basic plan as the original plat, what shifted was the stormwater basins are more refined and will be designed as a feature of the new office park with some trails around the larger basin. As mentioned previously, the other change from the original plat is to eliminate the road across the center of the property to preserve more of the woodlands. Howard also noted that the applicant had discussions with Pearson to see if there could be a road connection on the south side near the Pearson property to connect to Highway 1. However, Pearson was not agreeable to that road connection, so the plat no longer includes a cul-de-sac at the east end of Creek Preserve Drive. However, an outlot is being reserved in this location in case in the long term future such a road connection becomes possible. Planning and Zoning Commission November 6, 2014 - Formal Page 3 of 16 Howard explained that the changes to the preliminary plat caused the need for the change to the zoning, so that the new lot lines correspond with the correct zoning. In addition, the applicant has requested a change to the conditional zoning agreement. When zoned in 2010 and rezoned in 2012 they had not yet developed a detailed master plan for the office park and because of that in the conditional zoning agreement they had agreed to submit site plans for each lot to the Planning and Zoning Commission for their review rather than through the typical administrative review process conducted by staff. Now that the developer has developed a more refined master plan with the lots identified, stormwater management plan, trails and landscaping to enhance the area, and a signage plan, they are requesting to eliminate the requirement to bring every individual site plan to the Commission for approval. Staff recommends approval of this change. Hektoen reiterated that it was just the provision regarding review approval by the Commission that would be struck from the conditional zoning agreement. All other provisions of the CZA would remain the same. Eastham stated that the Commission had looked at the zoning and site plans for this property previously and expressed interest in the view from Interstate 80 into this area and if it would be a desirable view and an indication of what Iowa City is about and posed the question to Howard to speak on how this revised plat contributes to that interest. Howard stated that the conditional zoning agreement has quite a few requirements for quality building materials, signage plan to assure there is not signage clutter along the interstate, parking lots will have to comply with all landscaping requirements. Staff therefore feels it is an extensive list of quality checks for the developer to fulfill to make this a Class A office space. Thomas asked if the developer was present to present the project and answer questions. Howard confirmed there was someone from the development team. Thomas has a question regarding the bicycle component (as in what is the bicycle circulation concept) of the project and was unsure if it should be addressed to staff or to the developer. Howard suggested Thomas ask the developer for the details, however pointed out there is an extensive set of trails and sidewalks extending throughout the property. Eastham opened public hearing. Sandra Steil (Shive Hattery) representing Moss Development Group came forward to answer any questions the Commission has. Thomas asked Steil about the bicycle circulation and if the plan was for the bicycles to share the streets. Steil answered that bicycles could share the streets, but since this would be a Class A business park and the trails will be hard surface bicycles will likely use the trails. Thomas asked for verification that the sidewalks and trails would be five feet wide. Steil could not confirm that. Howard stated that the streets are designed as collector streets and will be able to accommodate bicycles and the sidewalks would meet the city standard of five feet for city sidewalks. Howard stated there would be an eight foot sidewalk leading into the development along the south side of Moss Ridge Drive. Howard pointed out that in the future, Oakdale Boulevard will be an arterial street extending through the property, which would also have a wide sidewalk on one side. Thomas shared his concern of traffic speeds if the road is shared due to the wide width of the proposed street. Steil stated the developer would work with City Staff to address that concern when working on the final plat. Eastham closed public hearing. Thomas moved to recommend approval of an application submitted by Moss Farms/Stephen A. Moss for a rezoning of approximately 51.03 acres and subdivision of approximately 172 acres from Planning and Zoning Commission November 6, 2014 - Formal Page 4 of 16 Interim Development- Research Park (ID -RP), Research Development Park (RDP) and Planned Development Overlay- Highway Commercial (OPD- CH1) to Interim Development — Research Park (ID -RP), Research Development Park (RDP) and Planned Development Overlay- Highway Commercial (OPD-CH1). This rezoning represents a shift of existing zoning boundaries to coincide with the lot lines in a revised preliminary plat of Moss Ridge Campus, a 9 -lot, 4-outlot commercial subdivision located west of 2510 N. Dodge Street and north of Interstate 80 (REZ14- 00020/SUB14-00019). Thomas also moved to recommend amending the conditional zoning agreement to delete the provision that requires Planning and Zoning Commission review of all site plans. The remaining provisions in the conditional zoning agreement would remain the same. Martin seconded the motion. Thomas stated that looking at the overall site plan it is very pleasing and shows appropriate attention to open space, woodland sensitive area preservation, and the fact that it will be open to the public is a great amenity. He stated that the use of the roundabouts is appropriate and will add to the features of the plan. Thomas did state his concern about 15 foot traffic lanes if speeds are higher than 25 mph and thought perhaps the traffic lanes could be narrower or bike lanes inserted. Swygard agreed with Thomas that the plan was improved from previous reiterations including the improved signage plan and agreed it is not necessary for the Commission to review all the individual site plans. Eastham agreed that the overall plan for the development is improved and thinks the use of the roundabouts in the development is forward -thinking, feature oriented, street design. He also stated an appreciation of the signage throughout the development. In terms of the street width, Eastham shared Thomas' concern about the street width of two, 15 -foot wide lanes and feels it could be less wide. Dyer stated it was a great improvement over the first plan as it shows more attention to the current topography and landscape. Theobald stated she hoped to see a selection of various tree types in the park. Also in response to the width of the streets, she is concerned about larger vehicles (delivery trucks, etc.) and the need for wider streets for that reason. A vote was taken and the motion carried 6-0. Development item (SUB14-00021 Discussion of an application submitted by MBHG Investment Co. for a Sensitive Areas Development Plan and Preliminary Plat for Sycamore Woods, approximate 34.86 -acre, 115- lot residential subdivision located west of Whispering Meadows Subdivision, Parts 2 and 3, along extensions of Whispering Meadow and Blazing Star Drives. Eastham stated he is a member of a board of trustees of a non-profit that owns affordable housing and the non-profit is the general partner and a limited liability corporation which owns property adjacent to part of this property. Eastham stated he would be impartial in his consideration of this Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ12-00005 & REZ12-00006) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is mad between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Moss arms, Inc., Stephen A. Moss and David G. Moss (hereinafter "Owner"). WHEREAS, Owner is A legal title holder of approximately 172 acreso� property located northwest of the interchan of State Highway 1 with Interstate 80; and WHEREAS, Owner has r quested the rezoning of said property om Interim Development -Research Park (ID -RP Planned Development — Mixed Use (OP MU), Planned Development — Research Developm't Park (OPD-RDP), and Planned Dev pment — Office Research Park (OPD -ORP) to appro mately 15.8 acres of Planned Deve pment — Highway Commercial (OPD -CH -1), 27.97 acres qf Research Development Park (R ), and 129.12 acres of Interim Development — Research Par (ID -RP); and WHEREAS, a planned develop ent overlay zone allow flexibility in the design, placement and clustering of buiidings mixture o/nh related site and design considerations; and WHEREAS, the OPD CH -1 rezdnin is approprase to allow for the provision of certain retail services to support office ark uses e allowed within the CH -1, particularly given the proximity to the 1-80 an Highwaye; and WHEREAS, in the absence of a mo d iled master plan showing how the retail component of this development will be integn ith the other uses allowed in the CH -1 zone, Owner has agreed to certain coAand to ensu that the office park is developed in a cohesive and attractive manner typical of uality i park and said conditions shall be recorded as a conditional zoning agreement; WHEREAS, the Planning ' g Com ssion has determined that with appropriate conditions regarding landscapige, buildin location, design and materials that ensure that the office park and the supil area are d eloped to the quality expected for a Class A Office Park, that the requestg and the var us requested modifications to the zoning are consistent with the ComprePlan goals of vironmental stewardship and expansion of quality job opportunities withimmunity; and WHEREAS, the Plarin' g and Zoning Commissi6k recommends that the concept plan submitted for the OPD -C 1 zoned properties should b recorded as a part of the planned development plan and all ' dividual site plans for all lots wit the office park shall be reviewed by the Commission for co pliance with said concept plan ad the conditions contained in this conditional zoning agr ment in order to ensure that the offic park and associated support retail area is developed in cohesive and quality manner over time; d WHEREA , Iowa Code §414.5 (2011) provides that thity of Iowa City may impose reasonable condi ions on granting an applicant's rezoning req st, over and above existing regulations, in o der 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 WHEREAS, Owner agrees to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contai�ied herein, the parties agree as follows: �/ 1. Owner is the legal title holker of the property legally describegr as follows: A PART OF THE SOUTHEASTQU RTER OF SECTION 35, T NSHIP 35 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA ITY, JOHNSON COUNT , IOWA, AND LOT 4, LOT 5, LOT 10, THE SOUTH 9 ACRES OF L T 6, AND THE SOU 12.5 ACRES OF LOT 8 OF A SUBDIVISION OF THE NORTHEAST UARTER OF SAID ECTION 35 (PLAT RECORDED IN PLAT BOOK 1, PAGE 11 AT THE OHNSON CO TY RECORDER'S OFFICE) ALL BEING MORE PARTICULARLY DESCRIB AS FOLLO S: BEGINNING AT THE NORTHEAST CORNER\OF SAIPF SOUTHEAST QUARTER; THENCE SOUTH 2007' EAST 1980.6 FEET L NG THE EAST OF SAID SOUTHEAST QUARTER (ASSUMED BEARING FOR THIS ESCRIPTION ONLY) TO A POINT OF INTERSECTION WITH THE NORTHERLY RIG - F -WAY LINE OF INTERSTATE NO. 80; THENCE SOUTH 81°04' WEST 646.2 FEES' ALONG SAID NORTHERLY RIGHT-OF-WAY LINE; / \ THENCE NORTH 89031' WEST 1731.77 FEET ALC LINE TO A POINT OF INTERSECTIO WITH THE � OF THE WEST ONE-HALF OF THE S UTHEAST Ql THENCE NORTH 2°15' WEST 202/7 FEET ALONG OF SAID LOT 8; THENCE SOUTH 88058' 8; THENCE NORTH 2008' NORTH LINE OF THE S 124.5 FEET TO THE SAID NORTHERLY RIGHT-OF-WAY T LINE OF THE EAST 63.75 ACRES rER OF SAID SECTION 35; WEST LINE TO THE SOUTH LINE CORNER OF SAID LOT 1056.0 FEET TO A POINTS OF INTERSECTION WITH THE 12.5 ACRES OF SAID LOT 8; THENCE NORTH 88°5 EAST 2504.49 FEET ALONG SAID ORTH LINE AND ALONG THE NORTH LINE OF THE OUTH 9 ACRES OF SAID LOT 6 AN ALONG THE NORTH LINE OF SAID LOT 4 TO A P NT OF INTERSECTION WITH THE EA LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH °57' EAST 1056.0 FEET ALONG SAID EAT LINE TO THE POINT OF BEGINNING AN CONTAINING 171.88 ACRES MORE OR LESS, 2, The Owner acknowledges that the City wishes to ensure con'tormance to the principles of the/Comprehensive Plan and the Sensitive Areas Development Plan, and that the 2 conditions imposed upon the property are reasonable and eked to satisfy public needs caused by the requested zoning change. Further, a parties acknowledge that Iowa Code §414.5 (2011) provides that the City of to City may impose rea' onable conditions on granting an applicant's rezoning requ t, over and above the xisting regulations, in order to satisfy public needs caused by he requested change. 3. In consideration of the City's rezoning the subject pr perty, Owner shall com with the zoning ordinance, as well as the following conditions 1) A conceptual landscape plan for the entire area, s legally described ove, shall be submitted and be approved by the Director of PI inning or designee nor to approval of the final plat for Phase One. This plan shall a ldress location of nd the general concept for stormwater facilities and illustrate th shared ameniti or features of the park, including any trail system, entranceway siC nage or similar eatures. The Plan shall be detailed for the area designated as Pha a One. The ndscaping plan for Outlot A may be conceptual in nature, but shout take into count and be complementary to the sensitive environmental ftures of a site, including the stream corridors; woodlands, slopes, wetlands, nd Simi r topographic and geographic features. This plan does not need t inclu landscaping details for individual lots, but rather it should convey the ov rail haracter of the shared open space and amenities proposed for the office pa a d support retail area. 2) Prior to final plat, a master sign plan shall be sub itted to and approved by the Director of Planning or designee, indicating pot( tial locations and design concept for common signage for the office park, which include on -premise -and off - premise signage for the office park, such as ntr ceway signage, directional signage, development signs, identification ignag , masonry wall signs, monuments signs, and interstate signs. The design all com on signage for the development should have a consistent theme and b construct d of similar quality materials and lettering. 3) For the area zoned OPD -CH -1, the (lowing addit nal allowances, standards and restrictions apply: a. No more than two drive -t ough facilities sh Il be allowed. Drive-throughs shall comply with the s cial exception app val criteria applicable in the CC - 2 Zone, however, a s cial exception shall t be required. The Planning and Zoning Commission hall have the authority o act on behalf of the Board of Adjustment when nsidering approval of dri e -through facilities. b. Accessory outdo display and storage is all ed only in accordance with the commercial site evelopment standards that pply in the CC -2 Zone. c. Thecommerc' I buildings should be the prom nent feature as viewed from the public str ets within the development. To at end, each principal /and rcia uilding shall have at least one m in building entrance oriented th street. Parking areas shall be locat d largely to the side or rear of , however a maximum of one double- ided parking aisle may be etween the building and the street, ex ept for lots with multiple es, for which only one frontage needs to meet this standard. d. areas must be setback at least 50 feet om the Interstate 80 right -of- d this setback area must be landscaped ith trees, shrubs and ground onsistent with the general landscaping pl n for the office park. e. ses are restricted to those allowed in the ighway Commercial (CH -1) plus the following additional uses: 3 L Sales -oriented and Personal Se maximum of 50,000 square feet ii. General Animal -Related COm iii. Specialized Educational Fac tie LQriented Retail Uses up to a lot; Uses; and 4) Site plans for development of every lot sh I be reviewed and appri Planning and Zoning Commission accordi g to the following stand; issuance of a building permit for the subje t lot. Decisions of the PI Zoning Commission may be appealed to t e City Council: led by the ds prior to nning and a. Landscaoing Standards i, On lots zoned RDP, the tot I ground area devoted o open space for natural landscape and land cape beautification s II be not less than 35% of the total land area s own on the site pia Such open space shall be free of all drives, pa kin(, other permanent improveme ts, monuments, ornamental stru tur be necessary but essential to the li. Stormwater facilities shall be e: landscaping plan. iii. Building and parking area pla er shall take into account and re pc environmental features on the it required according to the appr v iv. Parking areas, loading ramps, t areas shall be effectively scree be accomplished through the such as planting screens usi g and shrub species, the co in i effectiveness; topography uch differences; structural a itions equally permanent an effective combination of scree mg meth - the net result shall compleme as well as effectiv, y accomplish question. v. Parking shall b set back a mini of -way, 50 fe from the Interstai other prope lines and from col L7 area, exce in the case of abutt access h been established ov constru ed as seamless paving I areas, structu s, buildings, and except for tho a walkways, es, and -the features considered to central la scape theme. signed as o./ integral part of the lent ao provision of open space nd s sitively to the topography and to textent possible and as itive areas development plan. y areas, and similar vehicular use �d from public view. Screening shall ign incorporation of landscaping 3th deciduous and evergreen tree on of which have year-round s the natural or manmade grade uch as permanent walls; or other ,.creeping innovations. Any one or s may be used providing, however, itary to the central landscape theme the concealment of the area in im of 20 feet from City street rights - 80 right-of-way, and 10 feet from all non drives external to a parking 3 parking lots for which cross - the parking areas, which'may be gross the property line. Buildg facades shall be predomi antly constructed of high quality exte or building materials, includin window systems, brick, masonry, Vncrete e, stucco, colored and burnish d concrete masonry units, itectural pre -cast panels, and a chitectural metal panels. panels with a veneer.of b ck or masonry may be approved ided the material gives the app ranee of one or more of the high quality building materials listed abov . Predominately is defined as at least 75 percent of the exterior of the ntire building, but not necessarily of each building wall. Use f high quality building 4 C. materials should be concentrated along building walls that are visible from public streets and public areas ha stain public entrances. ii. Other lower quality or less durable xterior building materials, such as smooth -faced concrete block, un dorned tilt -up coriFrete panels, and EIFS do not qualify as quality b !ding materials and hould be limited. In no case shall EIFS be used 'thin the first 8 feet a ove grade. Lower quality metal siding, su h as that used for met I pole buildings, is not allowed. iii. Material and color changes s ould generally occur a a change of plane and at an inside corne . Material or color Cha ges at the outside corners of structures that giv the impression of ve eer or artificiality of the material are not allowE d. Idin.q Articulation and Fenestratic i Standards i. Buildings must include detail and features tha provide visual interest, reduce the percepti n of the mass of a building, and provide a cohesive appeara ce to the buildi . Building facades shall be articulated by using color window arra ement, change in materials, and change in pla a to vary th height, depth, or direction of exterior walls. Stretches o blank wail ith no windows or other architectural features are di s ouraged articularly along building walls that are within public vi w, as fined by the Zoning Code. I!. Rear and side facades that a visi a from streets, pedestrian walkways, or shared open sp ces hall have the same type'of materials and detailing found n e principal facades of the building. iii. Whenever practical, the heigh of walls, cornice or parapet lines should match or be complem tary to those of neighboring buildings. Design linkages are require t rough the placement of window lines, belt courses, and other ho zo al elements in a pattern that reflects similar elements or other oriz tai lines in neighboring buildings. Windows should be re ssed o otherwise set apart from the building's principal fa de to pr ide horizontal lines and vertical rhythm to the buildi . Building sign should be compatible and harmonious with n ghboring bui ings, but variety is also encouraged to prevent monot y. iv. Building awning, or canopies that provide a generally consistent cover along p estrian walkways re encouraged. A functional awning or ca opy (minimum 6 fee in depth) is required at entrancewa s on retail buildings. rcades may also be used to provide w ther protection for ped trians. v. Transpar nt entries and large group -level storefront windows are require along street -facing facades f all retail buildings (not =0% di g banks or hotels/motels). To eet this standard a minimum of f the street -facing building faga a between 2 and 10 feet in heii t from the adjacent exterior grad must be comprised of tra sparent (no more than 10% daylig reduction) windows and d ors. Such windows and doors must vertically-oriented in a andard, mainstreet storefront configur tion that allow views into the nterior space or be designed as storefro t display windows that are set into the wall. Display cases attached the outside building wall do not qualify. While banks, hotels and m tels are not required to meet this standard, transparent entries, and generous fenestration along street -facing facades is encouraged consistent with the intended use of the building. d. Signage Standards i. Wall Signs: All signage constru d as wall signs on building fascia within the development shah ' corporate aesthetic features compatible with the overall Aaracter of the development. All wall signs will be composed of olid individual letters attached to the building fascia, or inc ivid I letters of anodized /an', galvanized metal, or illuminated, self contained translucentces set in anodized aluminum retu s and trim. Logos shlly be constructed in the same manner as individual leding contouring to follow the hape of the logo. In sin which the logo cannot be contour , a panel sign may bef the panel is sized and constructed i a manner that minimizrall sign size fl. Freestanding pole signs, inc allowed. However, one cm allowed along the interst to one additional common, id along the interstate frc e within the larger office par . feet in height or 12 feet in that is consistent with the E Said interstate signs shall interstate right-of-way but lot depth as measured fro copy area of each sign fa square feet. The sign m d feet. The name of the evel+ one-fourth of the sig copy ; tenant identificatio copy or iii. Monument signs all be all approved sign an for the d exceed the ximum heigh but in no c e shall a monui iv. For Phas One of the devel as defin d in the Iowa City; the off' a park near the inter 1 an one additional of said of oss Ridge Road with th C mpus development: Dev asonry Wall Sign(s). The I identified in the Master Sign Phase 1. The signs shall be park and shall not provide is businesses within the office with the specifications set fc Code, regardless of the zon phases of the office park de entranceway signage may t Meadows Road and Creek I R ding tail intersta pole signs, are not on wide -base freestanding sign is ontage to s e lots 4, 5, 6, and 7. Up to based fire tanding sign is allowed provid dentification for other uses aid int tate signs shall not exceed 30 Ih an shall be designed in a manner gn f other signs within the office park. ack a minimum of 20 feet from the be located within the first 100 feet of e interstate right-of-way: The maximum n an interstate sign shall not exceed 200 double-faced for a total of 400 square ,ment shall be indicated within the top :a. The maximum letter height for ie sign shall be eighteen (18) inches. ved on each lot according to the telopment. Monument signs may pecified in the Iowa City Zoning Code, nt sign exceed 8 feet in height. ent, one of the following sign types, ing Code, is allowed at the entrance to tion of Moss Ridge Road and Highway g types is allowed near the intersection st property line of the Moss Ridge o ent Sign; Entranceway Sign; or :at n and design of these signs shall be 'la that is approved prior to final plat of lent ication signs for the entire office ntific tion for individual tenants or ark. a sign shall be in conformance h in T ble 513-5 of the Iowa City Zoning in whic the sign is located. For future 4opmen additional locations for similar allowed ar the intersections of Moss eserve Roa with Oakdale Boulevard and/or in locations where other development from anabutting development. Specific entra e the office park shall be de rmii respective future phase. v. On- or off -premise dir tional the master sign plan. dic eets enter the office park erty that is t within the r sign locatio for future phases of at the time of final plat for the signage may be/allowed according to 4. The Owner and City acknowledge that fhe conditions contain herein are reasonable conditions to impose on the land un er Iowa Code 5414 (2011), and that said conditions satisfy public needs that are aused by the reque ed zoning change. 5. The Owner and City acknowledge that in the event the object property is transferred, sold, redeveloped, or subdivided, all re evelopmentsh conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Con d ional Zoni g Agreement shall be deemed to be a covenant running with the land and w h title toAie land, and shall remain in full force and effect as a covenant with title to th land, less or until released of record by the City of Iowa City. The parties further acknowledge that all successors, representatives, and 7. The Owner acknowledge(s) that not construed to relieve the Owner or local, state, and federaZe 8. The parties agree thareference into the ordipublication of the ordinRecorder's Office at the Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Ma r Attest: Marian K. Kar , City Clerk eement shall inure to the benefit of and bind of the parties. in.this Conditional Zoning Agreement shall be cant from complying with all other applicable Zoning Agreement shall be incorporated by subject property, and that upon adoption and ent shall be recorded in the Johnson County 20H 2. 7 Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ14- 00015) ORDINANCE NO. ORDINANCE CONDITIONALLY REZONING 39.6 ACRES OF PROPERTY FROM INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID -RS) ZONE TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS -5) ZONE FOR 32.34 ACRES AND LOW DENSITY MULTI -FAMILY (RM -12) FOR 7.26 ACRES LOCATED AT 4701 HERBERT HOOVER HIGHWAY. (REZ14-00015) WHEREAS, the applicant, Build to Suit Inc., has requested a rezoning of property located at 4701 Herbert Hoover Highway from Interim Development Single Family Residential (ID -RS) zone to Low Density Single -Family (RS -5) zone for 32.34 -acres and to Low Density Multi -Family (RM -12) zone for 7.26 -acres; and WHEREAS, the Comprehensive Plan — Northeast District Plan indicates that the subject property is appropriate for a mix of multifamily and single family residential development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need to provide sanitary sewer and water service to the property, a pedestrian access route to the city sidewalk system and general adherence to the concept plan to assure that the RM -12 zone is designed in compliance with the Comprehensive Plan policies regarding compatibility with the adjacent residential neighborhood and appropriate development appearance for an entranceway to the city; 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 ID -RS to: A. RS -5 BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N00°04'35"W, ALONG THE WEST LINE OF SAID NORTHWEST ONE-QUARTER, 1116.9 FEET; THENCE S89°28'23"E, 277.8 FEET; THENCE S00'03'19"E, 154.0 FEET; THENCE S89°28'23"E, 559.8 FEET; THENCE N00'31'37"E, 154.0 FEET; THENCE S89'28'23"E, 318.3 FEET; THENCE N00'03'19"W, 204.6 FEET, TO A POINT ON THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER; THENCE N89°56'41"E, ALONG SAID NORTH LINE, 160.0 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE S00'07'31"W, ALONG THE EAST LINE OF SAID NORTHWEST ONE- QUARTER, 1313.7 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N89'53'03"W, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER, 1312.9 FEET, TO SAID POINT OF BEGINNING, CONTAINING 32.34 ACRES. B. RM -12 BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89056'41"E, ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER, 1157.5 FEET; THENCE S00'03'19"E, 204.6 FEET; THENCE N89'28'23"W, 318.3 FEET; THENCE S00'31'37"W, 154.0 FEET; THENCE N89'28'23"W, 559.8 FEET; THENCE N00'03'19"W, 154.0 FEET; THENCE N89°28'23"W, 277.8 FEET, TO A POINT ON THE WEST LINE OF SAID NORTHWEST ONE-QUARTER; THENCE Ordinance No. Page 2 N00°04'35"W, ALONG SAID WEST LINE, 192.8 FEET, TO SAID POINT OF BEGINNING, CONTAINING 7.26 ACRES. 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 and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20_. MAYOR ATTEST: CITY CLERK Ap oved by City Attorney's Office Prepared by: Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ14-00015) 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 Interim Development Single Family Residential (ID -RS) to Low Density Single Family Residential (RS -5) for 32.34 acres and Low Density Multifamily Residential (RM -12) for 7.26 acres; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need to provide sanitary sewer and water service to the property, a pedestrian access route to the city sidewalk system and general adherence to the concept plan to assure that the RM -12 zone is designed in compliance with the Comprehensive Plan policies regarding compatibility with the adjacent residential neighborhood and appropriate development appearance for an entranceway to the city; 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: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N00004'35"W, ALONG THE WEST LINE OF SAID NORTHWEST ONE- QUARTER, 1116.9 FEET; THENCE S89°28'23"E, 277.8 FEET; THENCE S00°03'19"E, 154.0 FEET; THENCE S89°28'23"E, 559.8 FEET; THENCE N00°31'37"E, 154.0 FEET; THENCE S89028'23"E, 318.3 FEET; THENCE N00°03'19"W, 204.6 FEET, TO A POINT ON THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER; THENCE N89056'41"E, ALONG SAID NORTH LINE, 160.0 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE S00°07'31"W, ALONG THE EAST LINE OF SAID NORTHWEST ONE-QUARTER, 1313.7 FEET, TO THE SOUTHEAST CORNER ppdadm/agt/conditional zoning agreement- hhh.doc THEREOF; THENCE N89053'03"W, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER, 1312.9 FEET, TO SAID POINT OF BEGINNING, CONTAINING 32.34 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AND BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89056'41"E, ALONG THE NORTH LINE OF SAID NORTHWEST ONE- QUARTER, 1157.5 FEET; THENCE S00003'19"E, 204.6 FEET; THENCE N8902823"W, 318.3 FEET; THENCE S00031'37"W, 154.0 FEET; THENCE N89028'23"W, 559.8 FEET; THENCE N00003'19"W, 154.0 FEET; THENCE N89028'23"W, 277.8 FEET, TO A POINT ON THE WEST LINE OF SAID NORTHWEST ONE-QUARTER; THENCE N00°04'35"W, ALONG SAID WEST LINE, 192.8 FEET, TO SAID POINT OF BEGINNING, CONTAINING 7.26 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF 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 conditions: A. The Owner shall be responsible for providing sanitary sewer and water service to this property. B. The Owner shall establish and construct a pedestrian access route to the city sidewalk system upon the first phase of development of any portion of the subject property described in paragraph 1 above. C. Development of the RM -12 zoned property shall be in substantial compliance with the concept plan, attached hereto and by reference made part of this agreement, showing townhouse style multi -family buildings with driveway access from a rear lane. D. Prior to issuance of a building permit for any development of the RM -12 zoned property, Owner shall get approval of a development plan, including a landscaping plan, exterior building designs, and site plan from the Design Review Committee to ensure Comprehensive Plan policies regarding compatibility with lower density residential properties and appropriate development appearance for an entranceway to the city. 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. ppdadm/agt/conditional zoning agreement- hhh.doc 2 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's expense. Dated this day of , 20_. CITY OF IOWA CITY Matt Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: Qk City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on By: 2014 by Matt Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. ppdadm/agttoonditional zoning agreement- hhh.doc 3 Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) AGRD GREEN BAY, LLC ACKNOWLEDGMENT: State of mow. County of nscv This record was acknowledged before me on OcN6ex 30)(" , 2014 by y1 Lon-m4orN (Name(s) of individual(s)) as (type of authon y, such as officer or trustee) of AGRD G enba , L.L.C. Notary Publi I in and for the State ofo� (Stamp or Seal) My commission expires: JOEL LAR E MYCONI IM 35� AUGUST 23. `20J -'Z ppdadm/agt/conditional zoning agreement- hhh.doc 4 Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: First Consideration Vote for passage: AYES: NAYS: Throgmorton, ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 11/18/2014 Dobyns, Hayek, Mims, Payne, Dickens. Botchway. ABSENT.: None. that the Second Consideration 12/02/2014 Voteforpassage: AYES: Hayek, Mims, Payne, Botchway, Dickens Dobyns. NAYS: Throgmorton. ABSENT: None. Date published 12 5d -02-14 Prepared by: Sarah Walz, Associate Planner, NDS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ14-00018) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.5 ACRES OF PROPERTY LOCATED AT 708 SOUTH RIVERSIDE DRIVE TO RIVERFRONT CROSSINGS—WEST RIVERFRONT (RFC -WR) ZONE. (REZ14-00018) WHEREAS, the applicant, Noah Kemp, President of Professional Mufflers, Inc., has requested a rezoning of property located 708 South Riverside Drive from Community Commercial (CC -2) zone to Riverfront Crossings—West Riverfront (RFC -WR) zone, as well as the vacation, conveyance and rezoning of an adjacent portion of City right-of-way to help facilitate redevelopment of this property; 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 the redevelopment of one corner of a highly visible intersection within the district; 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 South Riverside Drive right-of-way to create a larger landscape buffer between the traffic lanes and the public sidewalk; and WHEREAS, the City is concurrently considering approval of the requested vacation and conveyance of right-of-way, and finds that rezoning of that land in conjunction with the rezoning of 708 South Riverside Drive is appropriate; 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, Professional Mufflers, Inc. 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 to Riverfront Crossings—West Riverfront (RFC -WR): BEGINNING AT THE NORTHEAST CORNER OF AUDITOR'S PARCEL NO. 2006106, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 51 AT PAGE 45 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S03°05'57"E, 73.60 FEET; THENCE S63°46'37"W, 57.73 FEET; THENCE S86°54'03"W, 134.21 FEET; THENCE NO2°51'01 "W, 131.04 FEET; THENCE SOUTHEASTERLY, 15.75 FEET ALONG AN ARC OF A 10.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 14.17 FOOT CHORD BEARS S47°58'29"E; THENCE N86°54'03"E, 176.74 FEET; THENCE S03°05'57"E, 24.73 FEET, TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 0.51 ACRE (22,051 SQUARE FEET), AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Ordinance No. 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 III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20_. MAYOR ATTEST: CITY CLERK App ved by Ci Attorneys Office' /3j/z4 Prepared by: Sarah Walz, Associate Planner, NDS, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ14- 00018) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Noah Kemp (hereinafter "Applicant") and Professional Mufflers, Inc. (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 17,000 square feet of property located at 708 South Riverside Drive; and WHEREAS, Applicant requested that the City rezone its property, and a portion of City - owned right-of-way, from Community Commercial (CC -2) zone to Riverfront Crossings—West Riverfront (RFC -WR) zone; and WHEREAS, Applicant has concurrently made an application for the City to vacate and convey that portion of right-of-way to facilitate redevelopment of 708 South Riverside Drive; 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 further recommended that Council approve the right-of-way vacation request; 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. Professional Mufflers, Inc. is the legal title holder of the property legally described as BEGINNING AT THE NORTHEAST CORNER OF AUDITOR'S PARCEL NO. 2006106, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 51 AT PAGE 45 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S03°05'57"E, 73.60 FEET; THENCE S63°46'37"W, 57.73 FEET; THENCE S86054'03"W, 134.21 FEET; THENCE NO2°51'01"W, 131.04 FEET; THENCE SOUTHEASTERLY, 15.75 FEET ALONG AN ARC OF A 10.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 14.17 FOOT CHORD BEARS S47058'29"E; THENCE N86°54'03 "E, 176.74 FEET; THENCE S03°05'57"E, 24.73 FEET, TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 0.51 ACRE (22,051 SQUARE FEET), AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ppdadMagVcza rez14-00018 708 riverside drive- kemp.doc 1 2. The Owner and Applicant acknowledge 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 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 prior to issuance of any building permit for the subject property, to enable the widening of the public right-of-way to enhance pedestrian safety along the corridor. 4. 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. 5. 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. 6. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 7. 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's expense. Dated this day of CITY OF IOWA CITY Matthew Hayek, Mayor Attest: ppdadm/egt1cza rez14-00018 708 riverside drive- kemp.doc 2 20_ PROFESSIONAL MUFFLER, INC. By: Noah Kemp, Preside Marian K. Karr, City Clerk Approved by: ity Attorney's Office 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 tf�� dy e�� ed/t-�, , 20L4by Noah Kemp as President of Professional Muffler, Inc. Notary Public 14 and for said Ccjnty and State (Stamp or Seal) WENDY S. MAYER i Commission Number 729428 Title (and Rank) My Commission Expires L• �e,n s e S P e c i CLI 1 ppdadmlagticza rez14-00018 708 riverside drive- kemp.doc 3 Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 11/18/2014 that the Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAXS: None. ABSENT: None. Second Consideration 12/02/2014 Vote for passage: AYES: Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Date published Prepared by: Sarah Walz, Associate Planner, NDS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (VAC14-00002) ORDINANCE NO. ORDINANCE VACATING OLD BENTON STREET RIGHT-OF-WAY, AUDITOR'S PARCEL 2014085, LOCATED ADJACENT TO 708 SOUTH RIVERSIDE DRIVE. (VAC14- 00002) WHEREAS, the applicant has requested that the City vacate and convey to the applicant a portion of the Old Benton Street right-of-way adjacent to his property 708 South Riverside; and WHEREAS, this public right-of-way is not needed for circulation beyond access to the two adjacent properties and the trailhead for the Iowa River Corridor trail; and WHEREAS, there does not appear to be any public interest in continuing to incur cost, staff time, and liability in maintaining this right-of-way; WHEREAS, the adjacent property at 708 S. Riverside Drive is a small property, with limited development potential; and WHEREAS, vacation of the right-of-way will better enable the adjacent property at 708 S. Riverside to redevelop in compliance with the Riverfront Crossings Master Plan; and WHEREAS, one redevelopment scenario depicted in the Riverfront Crossings Plan, shows this the Old Benton Street right-of-way as the drive for a shared parking area located between the adjacent properties; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation and has recommended approval of the application subject to the following conditions: • Rezoning of the property at 708 South Riverside Drive to Riverfront Crossings—West Riverfront Subdistrict; and • Conveyance of the 4,665 square foot portion of the ROW is concurrent with the redevelopment of the corner property; and • Establishment of a 22 -foot wide public access easement to preserve vehicular access for both adjacent properties and the park and trailhead. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I VACATION. The City of Iowa City hereby vacates that portion of public right-of-way described as follows: LEGAL DESCRIPTION AUDITOR'S PARCEL 2014085, RECORDED IN BOOK 2524 AT PAGE 139, JOHNSON COUNTY RECORDERS OFFICE. SAID PARCEL OF LAND CONTAINS 0.11 ACRE (4,665 SQUARE FEET), AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 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. MAYOR Ordinance No. Page 2 ATTEST: CITY CLERK Approved by City Attorney's Office //y Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: First Consideration Vote for passage: AYES: Botchway, Dickens, ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 11/18/2014 Hayek, Mims, Payne, Throgmorton, Dbbyns. NAYS: None. ABSENT: None. that the Second Consideration 12/02/2014 Voteforpassage: AYES: Payne, Throgmorton, Botchway, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Date published Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 14-4601 ORDINANCE AMENDING TITLE 17, BUILDING AND HOUSING, CHAPTER 10, CONDOMINIUM CONVERSION CODE, TO READ "CONDOMINIUM AND MULTIPLE HOUSING COOPERATIVE CONVERSION CODE"; AND ADDING SECTION 17-10-2, "MULTIPLE HOUSING COOPERATIVE CONVERSION CODE" TO GOVERN CONVEYANCES OF BUILDINGS TO MULTIPLE HOUSING COOPERATIVES. WHEREAS, in recent years, numerous owners of commercial apartment buildings have conveyed their property to multiple housing cooperatives they control in an effort to reduce their property taxes by approximately 50%; and WHEREAS, the great reduction in revenue to the City from the buildings in question is not accompanied by any reduction in the City services needed by the building owners or residents; and WHEREAS, requiring that conveyances to multiple housing cooperatives be preceded by bringing the buildings up to building code compliance would go far in improving the accessibility of the buildings and the health and safety of the residents, and the broader community; and WHEREAS, a change in ownership, from the present owner to a multiple housing cooperative, is an appropriate time to require building code compliance, because a change in ownership structure can have a significant impact upon the safety and usability of the building; and WHEREAS, when a building is owned by a single owner, that owner has full control and responsibility for maintaining and operating their property, and bears any casualty loss to the building, but if the same building is converted to a condominium, or conveyed to a multiple housing cooperative, the ownership and control of the building is split up, and measures that keep a building current with modern building code are made more difficult because of the shared nature of ownership and decision making; and WHEREAS, older structures that are not building code compliant represent a greater risk, and greater financial burden, to a community if they lack the features that minimize the need for community resources; and WHEREAS, a reduction in a structure's financial contribution to the community should be limited to those structures that meet standards that minimize these costs; and WHEREAS, bringing an apartment building up to building code not only provides for the safety and well-being of the occupants, but also minimizes the need for local community assistance from Fire Department and EMS personnel, low income energy assistance, weatherization, and building maintenance and enforcement personnel; and WHEREAS, there are two general areas under which building code compliance would address the concerns described above: 1) Life Safety & 2) Accessibility code requirements; and WHEREAS, Life Safety building code requirements, such as requirements for an automatic sprinkler system, fire alarm system, fire door assemblies, one-hour fire resistive dwelling unit separation, arc -fault breakers and safety glazing on windows all help prevent and minimize the spread of a fire once it has started, which reduces the chance of personal injuries and loss of property; and WHEREAS, other Life Safety standards such as requirements for emergency escape and rescue openings, attic access openings, emergency lighting and exit enclosure ventilation systems all help residents of the building escape the building during an event, and help emergency response personnel with the rescue process during an event, whether it be a fire, gas leak or natural disaster; and WHEREAS, in general, modern building code standards attempt to minimize loss (personal and property) and reduce the risk if and when there is a fire, gas leak, power outage or natural disaster; and WHEREAS, modern building code requirements also help reduce the chance of the spread of a fire to neighboring properties, thereby improving life safety for the neighborhood in which the structure is located; and WHEREAS, accessibility code requirements such as graspable hardware, ADA -compliant ramps, elevators, bathroom and kitchen layouts, accessible entrances and parking, stairway handrails, and locations of outlets, light switches and environmental controls all help make the structure more accessible to persons with disabilities, elderly, and other segments of the population which benefit from accessible features; and WHEREAS, accessibility has been a goal both locally and state-wide due to the aging population and the desire to allow for a building to serve a variety of potential residents over the life of the building; and WHEREAS, requiring that the conveyances be accompanied by bringing the buildings up to then - current building code standards would, at least in part, make up for the resulting loss in revenue to the City by reducing the need for City services, while at the same time improving the life safety of the residents of the building and their neighbors, and increasing accessibility. WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 17, BUILDING AND HOUSING, CHAPTER 10, CONDOMINIUM CONVERSION CODE, is hereby amended by replacing the Chapter 10 title with the following: CONDOMINIUM AND MULTIPLE HOUSING COOPERATIVE CONVERSION CODE TITLE 17, BUILDING AND HOUSING, CHAPTER 10 is hereby further amended by adding a new section, 17-10-2, entitled "MULTIPLE HOUSING COOPERATIVE CONVERSION CODE" as follows: 17-10-2: MULTIPLE HOUSING COOPERATIVE CONVERSION CODE: A. No conveyance of any residential building or portion thereof to a multiple housing cooperative shall take place without the building first conforming to the City Building Code then in effect. B. Unless a certificate of occupancy confirming compliance with the current building codes has been issued by the building official, no person shall file or record an instrument in the office of the county recorder conveying an interest in real estate located in the city to a multiple housing cooperative. C. At least 60 days before an instrument of conveyance is filed or recorded in the office of the county recorder, the applicant shall electronically file a copy of such instrument, together with the following documents, with the building official, and shall also pay a conversion fee in the amount set in the schedule of fees adopted by the city council by resolution: 1. An as -built plan for the entire structure. 2. A building code analysis prepared by an architect or professional engineer, licensed in the state of Iowa, demonstrating that the structure conforms with then -current building codes, or can be brought into conformance with then -current building codes by planned improvements to be made to the structure. 3. If the structure is not in conformance with then -current building codes, the as -built plan and building code analysis must be accompanied by construction plans detailing planned improvements to bring the structure into conformance with then -current building codes. D. Upon receipt of the code analysis, as -built plans, construction plans when necessary, and conversion fee, the building official shall review the documents and conduct such inspections of the structure as s/he may deem appropriate to determine whether or not the structure conforms with the requirements of this section, or can be made compliant with proposed construction plans. Within sixty (60) days of receipt of the documents and the conversion fee, as provided above, the building official shall issue a certificate of occupancy or provide written notification to the applicant regarding existing structural deficiencies and/or the failure of construction plans to meet applicable codes. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this 2nd day of December , 2014. MAYOR ATTEST: ;yl" 22.E CITY OLERK Apyroved by City Attorney's Office Ordinance No. 14-4601 Page 4 It was moved by Dobyns and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 11/04/2014 Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Dickens, Dobyns. NAYS: None. ABSENT: Botchway. Second Consideration 11/18/2014 Vote for passage: AYES: Dickens , Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None. Date published 12/11/2014