HomeMy WebLinkAbout2014-12-02 Ordinance12-02-14
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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
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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;
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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.
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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
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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
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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