HomeMy WebLinkAbout2014-12-16 Ordinance6a
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 02°06'54" E
along the East line of the Southeast Quarter of said Section 35 a distance of 1242.63 feet; Thence S
90000'00" W a distance of 499.45 feet; Thence S 00000'00" E a distance of 356.75 feet; Thence N
90°00'00" W a distance of 603.58 feet; Thence N 00°00'00" E a distance of 33.00 feet; Thence N
90000'00" 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
13032'26 E a distance of 357.33 feet; Thence N 38°34'37" 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 81°04'07" 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 90°00'00" 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 11017'41" 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 07057'23" W a
distance of 44.61 feet); Thence N 85035'58" W a distance of 181.16 feet; Thence S 38034'37" W a
Ordinance No.
Page 3
distance of 328.22 feet; Thence S 13032'26" 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 90°00'00" W a distance of 94.30; Thence S 00°00'00" 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
1_70;(-K
oved by
Z&M s �_
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:
First Consideration --------------
Vote for passage:
ABSENT:
Second Consideration 12/16/2014
Vote for passage: AYES: Hayek,
Botchway, Dickens, Dobyns.
Date published
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Mims, Payne, Throgmorton,
NAYS: None. ABSENT: None.
that the
Moved by Mims, seconded by Payne, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration and vote
be waived and the ordinance be voted upon for second consideration
at this time.
Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ12-00005 &
R EZ 12-00006)
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 8858' WEST 124.5 FEET TO THE SOUTHWEST CORNER OF SAID LOT
8;
THENCE NORTH 2°08' 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 fagade 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
C.
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 12014.
CITY OF IOWA CITY OWNER
J
By: By:
Matthew J. Hayek, Mayor Stephen A. Moss, individually and as
Attest:
Marian K. Karr, City Clerk
A ovedA�..,,,, 4,,�
City Attorney's Office t ,4y
Pr i nt of Ya c.
David G. Moss
sonya S. Mos, Spouse of Stephen A. Moss
JdKet A. Moss, Spouse of David G. Moss
7
CITY's ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 2014, before me, the undersigned, a
notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K.
Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and
City Clerk, respectively, of said municipal corporation executing the within and foregoing
instrument; that the seal affixed thereto is the seal of said municipal corporation; that said
instrument was signed and sealed on behalf of said municipal corporation by authority of its City
Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution
of said instrument to be the voluntary act and deed of said corporation, by it and by them
voluntarily executed.
Notary Public in and for the State of Iowa
OWNERS' ACKNOWLEDGEMENTS
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this � day of &LW4ti �C—V , 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. IC\ f I n
�gncsc KIMSERLYA. LIOELLER
x„ Commission Number 727030
•P • My mission Expires Notary P is i nd for the State of Iowa
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this bS day of 3�heWALCV , 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.
MKIMBERLY A. PSI®ELLER —L��L A
� IV
� c
Ccmmission Number 727030 Notary Pu is i and for the State of Iowa
PAI y s im Expires
N
STATE OF COLORADO )
ss:
COUNTY OF BOULDER )
On thisday of �V-cin-�b-GC—� 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 MIMS
NOTARYPUBUC Notary Pu
STATE OF COLORADO
NOTARY ID 20144026467
MY COMMISSION EXPIRES JULY 07, 2018
9
rado
00
6b
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ14-
00015)
ORDINANCE NO. 14-4602
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
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 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 N89028'23"W, 277.8
FEET, TO A POINT ON THE WEST LINE OF SAID NORTHWEST ONE-QUARTER; THENCE
Ordinance No. 14-4602
Page 2
N00004'35"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 16th day of December , 2014.
ATTEST:A2��4�
CIT CLERK
7poved by
City Attorneys Office
Ordinance No. 14-4602
Page 3
It was moved by Payne and seconded by Mims that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
First Consideration 11/18/2014
Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Dickens.
NAYS: Throgmorton, Botchway. ABSENT.: None.
Second Consideration 12/02/2014
Vote for passage: AYES: Hayek, Mims, Payne, Botchway, Dickens
Dobyns. NAYS: Throgmorton. ABSENT: None.
Date published 12/24/201
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
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
ppdadm/agt/conditional zoning agreement- hhh.doc
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, 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 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 N00003'19"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
N00004'35"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 16thday of December
CITY OF IOWA CITY
.1
Matt Hayek, Mayor
Attest:
Maria . Karr, City Clerk
Approved by:
4Qku ,
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
2014.
By:
This instrument was acknowledged before me on +�ecertitf 2014 by Matt Hayek
and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
ppdadrnlagt/conditional zoning agreement- hhh.doc 3
Notary Public in and for the State of Iowa
(Stamp or Seal)o KELLIE K. TUTTLE
,� t Commission Number 221819
f hr"�y n missi Jn Expires
Title (and Rank)-°
104VA
AGRD GREEN BAY, LLC ACKNOWLEDGMENT:
State of
County of SykAswellln
This record was acknowledged before me on Ck.\-b\Oec 3V5A- , 2014 by
v1 Lo,wlo+n (Name(s) of individual(s)) as Mc vja ae.�'
(type of authon y, such as officer or trustee) of AGRD GT a , L.L.C.
Notary Publi I
in and for the State of
(Stamp or Seal)
My commission expires: VZM1 Z
JOEL 6AR11ElT 1 .
AUGUST ?% "20Li
ppdadm/agt/conditional zoning agreement- hhh.doc
12-16-14
6c
Prepared by: Sarah Walz, Associate Planner, NDS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
(REZ14-00018)
ORDINANCE NO. 14-4603
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
S03005'57"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. 14-4603
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 16th day of December , 2014.
WOW
MAYOR O -
ATTEST: Ae44,�� 9 %
CI CLERK
App red by ww
City Attorney's Office' /3J/Z4
Ordinance No. 14-4603
Page 3
It was moved by Payne and seconded by Botchwa
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Botchway
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
x
Throgmorton
that the
First Consideration 11/18/2014
Vote for passage: AYES: Dobyns, Hayek, Mims, Payne,
Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: None.
Second Consideration 12/02/2014
Voteforpassage: AYES: Mims, Payne, Throgmorton, Botchway,
Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None.
Date published 12/24/2014
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 S63046'37"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 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.
ppdadm/agt1cza rez14-00018 708 riverside drive- kemp.doc
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 16th day of December , 2014.
CITY OF IOWA CITY PROFESSIONAL MUFFLER, INC.
Matthew Hayek, Mayor
Attest:
ppdadm/agt/cza rez14-00018 708 riverside drive- kemp.doc 2
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 Duc-e:,2 Le r- 1 , 20/41 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) ___
4 .PRwr s� KELLIE K. TUTTLE
Commission Plumber 221819
Title (and RankP.,;. Conmissi n Expires 157
-1uw
L_e
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on y0dye!�:& ed- !4 20L4by Noah Kemp as
President of Professional Muffler, Inc.
Notary Public 14 and for said Cq#nty and State
(Stamp or Seal)
4�a�rs ND S. iUTAYER
? . r
ICOMMsi,
n Number 729428
Title (and Rank) My Commission Expires
L;L2v�s� S�eciOLI
ppdadmlagt/cza rez14-00018 708 riverside drive- kemp.doc 3
Prepared by: Sarah Walz, Associate Planner, NDS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
(VAC14-00002)
ORDINANCE NO. 14-4604
ORDINANCE VACATING OLD BENTON STREET RIGHT-OF-WAY, AUDITOR'S
PARCEL 2014085, LOWED 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.
Passed and approved this 16th day of December, 2014.
l
Ordinance No. 14-4604
Page 2
ATTEST: tamZ
CITY CLERK
Approved by
rv"dai��c�'
City Attorney's Office 3//y
Ordinance No. 14-4604
Page 3
It was moved by Payne and seconded by Mims
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Botchway
x
Dickens
g
Dobyns
x
Hayek
x
Mims
x
Payne
x
Throgmorton
First Consideration 11/18/2014
Vote for passage: ,YES: Hayek, Mims, Payne, Throgmorton,
Botchway, Dickens, Ddbyns. 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 12/24/2014
CITY OF IOWA CITY s
_r
MEMORANDUM
— anIV batd
ZI
-ft*Z_W_�"T4
Date: December 2, 2014
To: Geoff Fruin, Assistant City Manager
From: Kristin Watson, Human Rights Investigator a,?,
Re: Amendments to Human Rights Ordinance; Housing
Introduction:
At its August 19, 2104 meeting, the Human Rights Commission approved
amendments to the Human Rights Ordinance. These amendments are submitted
as recommendations to the City Council. The Human Rights Commission
discussion concerning the amendments can be viewed in the August 19, 2014
meeting minutes.
History/Background:
Housing is one of the five areas covered under the Human Rights Ordinance. The
Ordinance prohibits discrimination in any real estate transaction, including the
advertising of real property available for sale or rental/leasing. City Code 2-5-1.
Provisions contained in the housing chapter of the Human Rights Ordinance
(Chapter 5) create tension with the general enforcement provisions applicable to
all forms of discrimination (Chapter 4). One provision requires that staff make a
probable cause determination "not later than one hundred (100) days after a
complaint is filed." City Code 2-5-4 (F).' There are two exceptions: 1) a successful
mediation agreement is approved within the 100 days, or 2) "it is impracticable to
make the determination within that time period." Id.
In order to use the "impracticable" provision, the Ordinance requires that staff
"shall notify the complainant and respondent in writing of the reasons for the
delay." Id. Staff hesitate to use this exception; parties receiving a letter explaining
a "delay' in resolving a matter important to them are likely to form a negative
' In all other complaint areas, there is no definite deadline by which a probable cause determination must
be made. The IGO-day deadline in housing is mandated by HUD and cannot be extended.
impression of City services and personnel.
The Ordinance's general enforcement provisions, however, contain time periods
that could make it difficult for staff to complete a full housing complaint
investigation within 100 days. The general enforcement provisions allow staff 20
days to serve a complaint after filing. City Code 2-4-2(A). Service is accomplished
by certified mail, which a party may delay retrieving for up to 21 days.z An initial
questionnaire and document request is included in the respondent's service
packet, and may also be included in the complainant's packet. The parties have
30 days after receiving the packet to return answers and requested documents.
City Code 2-4-2(C).
Even absent a delay in retrieving the certified mail, the allowance of 20 days to
serve the complaint and 30 days to respond constitutes a full half of the time
allowed for a probable cause determination in a housing complaint. Staff must
also coordinate a mediation session, conduct interviews, research current law,
write a data analysis, and (depending on role) either make or receive the probable
cause determination.
Staff recommended, and the Human Rights Commission approved, two changes
that shorten time periods allowed to serve and respond to housing complaints, in
order to make the process more feasible. A shortened time period for response
should not be overly burdensome to respondents, as staff will continue to offer
extensions of time upon request and showing of need.3
Recommendation:
To amend the Human Rights Ordinance § 2-4-2A to require staff to serve notice
of complaint on the respondent within 7 days of receiving a complaint in the area
of housing.
To amend the Human Rights Ordinance § 2-4-2C to require that answers to the
mandatory questionnaire/document request be received within 15 days of service
in the area of housing.
2 Two pick-up notices are left at the address, each separated by 5 to 7 days. The item is then held for 5 to
7 additional days before USPS returns it to the sender as unclaimed.
http://www.certified-maii-envelopes-com/facis
'For example, a mediation session was recently delayed by two weeks because the real estate
management company owner was having surgery and the employee named in the complaint was
vacationing overseas. Staff routinely grant time extensions in legitimate circumstances such as these.
Minutes
Human Rights Commission
August 19, 2014 — 6 PM
Helling Conference Room
APPROVED
Members Present: Harry Olmstead, Shams Ghoneim, Andrea Cohen, Orville Townsend, Ali
Ahmed, Kim Hanrahan, Paul Retish, Joe Coulter, Stella Hart.
Staff Present: Stefanie Bowers.
Recommendations to Council: Yes. See Amending the Human Rights Ordinance discussion under
meeting business.
Call to Order:
Olmstead called the meeting to order at 18:00.
Consideration of the Minutes from the July 15, 2014 Meeting:
Motion: Moved by Coulter, seconded by Hanrahan. Motion passed 8-0. (Ahmed not present).
Meetine Business:
Amending the Human Rights Ordinance §2-4-2A to require staff to serve notice of complaint on
respondent within 7 days of receiving complaint in the area of housing.
Bowers explained that currently complaints alleging discrimination in the area of housing requires for the
complaint to be resolved within 100 days of the file date. At this time the Human Rights Ordinance
allows staff 20 days to serve notice on the respondent of the complaint. Staff is asking for the time to be
changed to 7 days.
Amending the Human Rights Ordinance §2-4-2C to require mandatory questionnaire/document request
to be received within 15 days of service in the area of housing.
The Human Rights Ordinance currently allows respondents 30 days to provide the answers to the
questionnaire/document request sent by staff. Staff is asking that this time be cut in half to 15 days so that
staff has more time to set up the mandatory mediation conference and begin the investigative process. If
in some cases 15 days would not allow adequate time to the respondent to prepare information staff
would allow for time extensions. The change would apply to housing complaints all other protected areas
would remain at the 30 days. This procedural change is intended to improve the complaint process.
Amending the Human Rights Ordinance to remove Presence or Absence of Dependents as a protected
category in the area of housing.'
Presence or Absence of Dependents was added to the Human Rights Ordinance in 1982 to cover gaps in
the Human Rights Ordinance when other characteristics that are now covered were not a part of the local
fair housing laws. For example marital status, sexual orientation, and familial status. Based upon the
additional areas of coverage in housing since the 1980's and also based on the type and number of
complaints received by the Human Rights Office there does not appear to be a current need for this
protection in the area of housing. Please see memo in August 19, 2014 Commission packet for further
details and history.
' Presence or Absence of Dependents does not interfere with enforcement of the Human Rights Ordinance and poses
no burden to staff or the public. Therefore staff will move forward only on §2-4-2A & §2-4-2C.
Prepared by: Kristin Watson, Human Rights Investigator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5015
ORDINANCE NO.
ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN
RIGHTS," CHAPTER 4, ENTITLED "ENFORCEMENT," SECTION 2, ENTITLED
"INVESTIGATION OF COMPLAINTS; PREDETERMINATION SETTLEMENT," TO
AMEND TIME PERIODS CONCERNING HOUSING COMPLAINTS.
WHEREAS, the City Code presently requires complaints of discrimination in housing to be resolved
within 100 days of filing; and
WHEREAS, time periods for service of complaints and provision of answers to mandatory
questionnaires/document requests are incompatible with the 100 -day deadline and should be shortened;
and
WHEREAS, it is in the best interest of the City to adopt these amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 2, entitled
"Investigation of Complaints; Predetermination Settlement," Subsection A is hereby repealed and
replaced with the following:
A. After the filing of a verified complaint, a true copy shall be served by certified mail upon the person
against whom the complaint is filed. Service shall be effected within 20 days of filing for complaints in
the areas of employment, public accommodation, credit or education, and within 7 days of filing for
complaints alleging discrimination in the area of housing. Service is effective upon mailing.
2. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 2, entitled
"Investigation of Complaints; Predetermination Settlement," Subsection C. is hereby repealed and
replaced with the following:
C. The Human Rights Coordinator may draft and mail to the parties written questionnaire/document
requests to which respondent and complainant are required to respond. Answers and documents are
to be received by the Human Rights Coordinator's office within thirty (30) days of receipt of the
questionnaire/document request for complaints in the areas of employment, public accommodation,
credit and education, and within fifteen (15) days of receipt of the questionnaire/document request for
complaints in the area of housing. The Human Rights Coordinator may grant extensions of time to
respond.
SECTION Il. REPEALER. All Ordinances and parts of Ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
2014.
Approved by:
City Attorney's Office
1 3,— )L—'
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 12/16/2014
Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
that the