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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 E conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner shall comply with the zoning ordinance, as well as the following conditions: 1) A comprehensive landscape plan for the above-described property shall be submitted and be approved by the Director of Neighborhood Development Services or designee prior to approval of the final plat for the first phase of development of the above-described property. This plan shall address location of and the general concept for stormwater facilities and illustrate the shared amenities or features of the park, including any trail system, entranceway signage or similar features. The plan shall be detailed for the area designated as phase one of the development. The landscaping plan for any outlot may be conceptual in nature, but should take into account and be complementary to the sensitive environmental features of the site, including the stream corridors, woodlands, slopes, wetlands, and similar topographic and geographic features. This plan does not need to include landscaping details for individual lots, but rather it should convey the overall character of the shared open space and amenities proposed for the office park and support retail area. 2) Prior to final plat of any development phase, a master sign plan shall be submitted to and approved by the Director of Neighborhood Development Services or designee, indicating potential locations and design concept for common signage for the office park, which may include on -premise and off -premise signage for the office park, such as entranceway signage, directional signage, development signs, identification signage, masonry wall signs, monuments signs, and interstate signs. The design of all common signage for the development should have a consistent theme and be constructed of similar quality materials and lettering. 3) For the area zoned OPD -CH -1, the following additional allowances, standards and restrictions apply: a. No more than two drive-through facilities shall be allowed by special exception. Drive-throughs shall comply with the special exception approval criteria applicable in the CC -2 Zone, as set forth in the Iowa City Code of Ordinances. Accessory outdoor display and storage is allowed only in accordance with the commercial site development standards that apply in the CC -2 Zone. b. The commercial buildings should be the prominent feature as viewed from the public streets within the development. To that end, each principal commercial building shall have at least one main building entrance oriented toward the street. Parking areas shall be located largely to the side or rear of buildings, however a maximum of one double -sided parking aisle may be located between the building and the street, except for lots with multiple frontages, for which only one frontage needs to meet this standard. c. Parking areas must be setback at least 50 feet from the Interstate 80 right-of- way and this setback area must be landscaped with trees, shrubs and ground cover consistent with the comprehensive landscaping plan for the office park. d. Land uses are restricted to those allowed in the Highway Commercial (CH -1) Zone, plus the following additional uses: i. Sales -oriented and Personal Service -Oriented Retail Uses up to a maximum of 50,000 square feet per lot; 3 ii. General Animal -Related Commercial Uses; and iii. Specialized Educational Facilities, all as defined in the Iowa City Code of Ordinances. 4) Site plans for development of every lot shall be reviewed and approved by the City according to the following standards prior to issuance of a building permit for the subject lot: a. Landscaping Standards i. On lots zoned RDP, the total ground area devoted to open space for natural landscape and landscape beautification shall be not less than 35% of the total land area shown on the site plan. Such open space shall be free of all drives, parking areas, structures, buildings, and other permanent improvements, except for those walkways, monuments, ornamental structures, and other features considered to be necessary but essential to the central landscape theme. ii. Stormwater facilities shall be designed as an integral part of the landscaping plan. iii. Building and parking area placement and provision of open space shall take into account and respond sensitively to the topography and environmental features on the site to the extent possible and as required according to the approved sensitive areas development plan. iv. Parking areas, loading ramps, utility areas, and similar vehicular use areas shall be effectively screened from public view. Screening shall be accomplished through the design incorporation of landscaping such as planting screens using both deciduous and evergreen tree and shrub species, the combination of which have year-round effectiveness; topography such as the natural or manmade grade differences; structural additions such as permanent walls; or other equally permanent and effective screening innovations. Any one or combination of screening methods may be used providing, however, the net result shall be complementary to the central landscape theme as well as effectively accomplish the concealment of the area in question. v. Parking shall be set back a minimum of 20 feet from City street rights- of-way, 50 feet from the Interstate 80 right-of-way, and 10 feet from all other property lines and from common drives external to a parking area, except in the case of abutting parking lots for which cross - access has been established over the parking areas, which may be constructed as seamless paving across the property line. b. Building Material Standards i. Building facades shall be predominantly constructed of high quality exterior building materials, including window systems, brick, masonry, stone, stucco, colored and burnished concrete masonry units, architectural pre -cast panels, and architectural metal panels. Concrete panels with a veneer of brick or masonry may be approved provided the material gives the appearance of one or more of the high quality building materials listed above. Predominately is defined as at least 75 percent of the exterior of the entire building, but not necessarily of each building wall. Use of high quality building materials should be concentrated along building walls that are visible from public streets and public areas or that contain public entrances. 4 ii. Other lower quality or less durable exterior building materials, such as smooth -faced concrete block, unadorned tilt -up concrete panels, and EIFS do not qualify as quality building materials and should be limited. In no case shall EIFS be used within the first 8 feet above grade. Lower quality metal siding, such as that used for metal pole buildings, is not allowed. iii. Material and color changes should generally occur at a change of plane and at an inside corner. Material or color changes at the outside corners of structures that give the impression of veneer or artificiality of the material are not allowed. c. Building Articulation and Fenestration Standards i. Buildings must include details and features that provide visual interest, reduce the perception of the mass of the building, and provide a cohesive appearance to the building. Building facades shall be articulated by using color, window arrangement, change in materials, and change in plane to vary the height, depth, or direction of exterior walls. Stretches of blank wall with no windows or other architectural features are discouraged, particularly along building walls that are within public view, as defined by the Iowa City Code of Ordinances. ii. Rear and side facades that are visible from streets, pedestrian walkways, or shared open spaces shall have the same type of materials and detailing found on the principal facades of the building. iii. Whenever practical, the heights of walls, cornice or parapet lines should match or be complementary to those of neighboring buildings. Design linkages are required through the placement of window lines, belt courses, and other horizontal elements in a pattern that reflects similar elements or other horizontal lines in neighboring buildings. Windows should be recessed or otherwise set apart from the building's principal fagade to provide horizontal lines and vertical rhythm to the building. Building design should be compatible and harmonious with neighboring buildings, but variety is also encouraged to prevent monotony. iv. Building awnings or canopies that provide a generally consistent cover along pedestrian walkways are encouraged. A functional awning or canopy (minimum 6 feet in depth) is required at entranceways on retail buildings. Arcades may also be used to provide weather protection for pedestrians. v. Transparent entries and large ground -level storefront windows are required along street -facing facades of all retail buildings (not including banks or hotels/motels). To meet this standard a minimum of 50% of the street -facing building 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 5 along street -facing facades is encouraged consistent with the intended use of the building. d. Signage Standards i. Wall Signs: All signage constructed as wall signs on building fascia within the development shall incorporate aesthetic features compatible with the overall character of the development. All wall signs will be composed of solid individual letters attached to the building fascia, or individual letters of anodized aluminum, galvanized metal, or illuminated, self-contained translucent plastic faces set in anodized aluminum returns and trim. Logos shall generally be constructed in the same manner as individual letters including contouring to follow the shape of the logo. In situations in which the logo cannot be contoured, a panel sign may be allowed if the panel is sized and constructed in a manner that minimizes the overall sign size and limits the portion illuminated to just the logo. ii. Freestanding pole signs, including tall interstate pole signs, are not allowed. However, one common wide -based freestanding sign is allowed along the interstate frontage to serve lots 4, 5, 6, and 7. Up to one additional common, wide -based freestanding sign is allowed along the interstate frontage to provide identification for other uses within the larger office park. Said interstate signs shall not exceed 30 feet in height or 12 feet in width and shall be designed in a manner that is consistent with the design of other signs within the office park. Said interstate signs shall be setback a minimum of 20 feet from the interstate right-of-way but shall be located within the first 100 feet of lot depth as measured from the interstate right-of-way. The maximum copy area of each sign face on an interstate sign shall not exceed 200 square feet. The sign may be double-faced for a total of 400 square feet. The name of the development shall be indicated within the top one-fourth of the sign copy area. The maximum letter height for tenant identification copy on the sign shall be eighteen (18) inches. iii. Monument signs shall be allowed on each lot according to the approved sign plan for the development. Monument signs may exceed the maximum height specified in the Iowa City Zoning Code, but in no case shall a monument sign exceed 8 feet in height. iv. One of the following sign types, as defined in the Iowa City Code of Ordinances, is allowed at the entrance to the office park near the intersection of Moss Ridge Road and Highway 1 and one additional of said sign types is allowed near the intersection of Moss Ridge Road and the east property line of the property legally described above: Development Sign; Entranceway Sign; or Masonry Wall Sign(s). The location and design of these signs shall be identified in the Master Sign Plan that is approved prior to final plat of any part of the above- described property. The signs shall be identification signs for the entire office park and shall not provide identification for individual tenants or businesses within the office park. The sign shall be in conformance with the specifications set forth in Table 513-5 of the Iowa City Zoning Code, regardless of the zone in which the sign is located. Additional locations for similar entranceway signage may be allowed near the intersections with Oakdale Boulevard and/or in locations where other public streets enter the office park development from an 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