Loading...
HomeMy WebLinkAbout2015-12-15 Ordinance(o 89 Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240;-$56-�40 (REZ15-00018)E^:,: C n ORDINANCE NO. ORDINANCE REZONING 16.18 ACRES LOCATED SOUTH OF KENNEDY WE r { 1 F CAMP CARDINAL BOULEVARD FROM INTERIM DEVELOPMENT - RESEARCH PARK--{ID-RP) TO SINGLE FAMILY RESIDENTIAL (RS -5) (REZ15-00018) WHEREAS, thepplicant, The Crossings Development, located south of Kenn e y Parkway west of Camp Cardinal Bo Park (ID -RP) to Low Den ity Single -Family Residential (RS -5)- < WHEREAS, the Co rehensive Plan indicates that t is including residential develop ent; and WHEREAS, the Planninand Zoning Commission as recommended the application b approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY gOUN( has requested a rezoning of property -d, from Interim -Development Research area is suitable for "conservation design" reviewed the proposed rezoning and has L OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Propertydescribed bel t is hereby zoned RS -5, as defined in the Iowa City Code of Ordinances: _ \\ PART OF THE NORTHWEST QUARTER MD PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST O T 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND A PART OF AUDITOW PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JO ON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUART CORNR OF SAID SECTION 12; THENCE SO°01'43"W ALONG THE EAST LINE OF THE NO HEAST Q RTER OF SAID NORTHWEST QUARTER A DISTANCE OF 476.71 FEET TO THE SO THERLY COR ORATE LIMIT LINE AS ESTABLISHED IN THE CORALVILLE VOLUNTARY ANNEXATI N AND RECORD IN BOOK 3873, PAGES 868-897 IN THE OFFICE OF THE JOHNSON COUNTY IOWA RECORDER NND THE POINT OF BEGINNING; THENCE N89003'28"E 198.73 FEET ALON SAID SOUTHERLY", CORPORATE LIMIT LINE; THENCE SOUTHEASTERLY 179.94 FEET AL NG SAID SOUTHERLY RPORATE LIMIT LINE AND THE ARC OF A 500.00 FOOT RADIUS CU E, CONCAVE SOUTHWE ERLY (CHORD BEARS S80°37'57"E 178.97 FEET) TO THE WESTERLY INE OF AUDITOR'S PARCEL 14116 AS RECORDED IN BOOK 59, PAGES 93-94 IN THE OFFICE OF HE JOHNSON COUNTY RECO DER; THENCE S19°40'38"W 33.00 FEET ALONG SAID WESTERL LINE TO THE SOUTHERLY LIN OF SAID AUDITOR'S PARCEL 2014116; THENCE SOUTHEAST RLY 41.84 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURV , CONCAVE SOUTHWESTERLY (CH D BEARS S22°22'51"E 37.12 FEET); THENCE S25033'40' W 0.00 FEET ALONG SAID SOUTHERLY LI ; THENCE S64°26'20"E 60.00 FEET ALONG SAID SOUTH LY LINE; THENCE N25033'40"E 12.33 FEE ALONG SAID SOUTHERLY LINE; THENCE NORTHERS RLY 39.27 FEET ALONG SAID SOUTHERLYI LINE AND THE ARC OF A 25.00 FOOT RADIUS CUR V , CONCAVE SOUTHEASTERLY (CHORD BEARS N70033'40"E 35.36 FEET); THENCE S64026'20"E 11 .50 FEET ALONG SAID SOUTHERLY LINE; THENCE S21 °10'50"W 132.95 FEET; THENCE S9015'1 "W 55.00 FEET; THENCE SO°18'19"E 55.00 FEET; THENCE S84054'52"W 200.00 FEET; THENCE NORTHWESTERLY 16.52 FEET ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N4°11'32"W 16.52 FEET); THENCE S86042'03"W 215.79 FEET; THENCE S14°30'51 "W 68.49 FEET; THENCE S21 °48'05"W 170.86 FEET; THENCE S53013'37"W 209.13 FEET; THENCE S83°36'43"W 156.77 FEET; THENCE N90000'00"W 54.43 FEET; THENCE N77°18'31"W 165.31 FEET; THENCE N48044'54"W 170.57 FEET; THENCE N11°42'33"W 162.03 FEET; THENCE N9044'33"W 200.00 FEET; THENCE N7053'36"W 108.12 FEET; THENCE N2010'27"W 109.15 FEET; THENCE N0056'32"W 33.00 FEET TO SAID SOUTHERLY CORPORATE LIMIT LINE; THENCE N89003'28"E 739.30 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE TO THE POINT OF BEGINNING. Ordinance No. Page 2 SAID PARCEL CONTAINS 16.18 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. 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 III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Re rder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REP ER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repe d. SECTION V. SEVERABI TY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such djudication shall not affect the validity of the Ordir ance as a whole or any section, provision or part thereof n adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DA . This Ordinance shall be in effect after itsanal passage, approval and publication, as provided by law. Passed and approved this \dqy of , 20_. MAYOR: ATTEST: CITY CLERK CITY CLERK City Morney's Office 0 NO Al Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ15-00018) ORDINANCE NO. ORDINANCE REZONING 16.18 ACRES LOCATED SOUTH OF KENNEDY CAMP CARDINAL BOULEVARD FROM INTERIM DEVELOPMENT - RESEAR SINGLE FAMILY RESIDENTIAL (RS -5) (REZ15-00018) WHEREAS, the applicant, The Crossings Development, located south of Kennedy Parkway west of Camp Cardinal Bot Park (ID -RP) to Low Density Single -Family Residential (RS -5); a WHEREAS, the Comprehensive Plan indicates that this including residential deve ment; and WHEREAS, the Plann' g and Zoning Commission has recommended the application a approved. NOW, THEREFORE, BE IT ORDftED BY THE CITY LC, has requested Ievard, from Interim n+o ca CLn mrof PQarty 1"t Research x - area is suitable for "conservation design" reviewed the proposed rezoning and has L OF THE CITY OF IOWA CITY, IOWA: REZONING LEGAL DESCRIPTION -\JO -5 PART OF THE NORTHWEST QUARTRT OF HE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WE 5T PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND A PART OF PAR EL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF TON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CO R OF SAID SECTION 12; THENCE SO°01'43"W ALONG THE EAST LINE OF THE NORTHEA Q RTER OF SAID NORTHWEST QUARTER A DISTANCE OF 476.71 FEET TO THE SOUTHER Y COR ORATE LIMIT LINE AS ESTABLISHED IN THE CORALVILLE VOLUNTARY ANNEXATION AN RECORD IN BOOK 3873, PAGES 868-897 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA ECORDER A D THE POINT OF BEGINNING; THENCE N89003'28"E 198.73 FEET ALONG SAI SOUTHERLY ORPORATE LIMIT LINE; THENCE SOUTHEASTERLY 179.94 FEET ALONG S ID SOUTHERLY C PORATE LIMIT LINE AND THE ARC OF A 500.00 FOOT RADIUS CURVE, C NCAVE SOUTHWES RLY (CHORD BEARS S80°37'57"E 178.97 FEET) TO THE WESTERLY LINE AUDITOR'S PARCEL 20 116 AS RECORDED IN BOOK 59, PAGES 93-94 IN THE OFFICE OF THE J HNSON COUNTY RECOR R; THENCE S19040'38"W 33.00 FEET ALONG SAID WESTERLY LINE TO THE SOUTHERLY LINE F SAID AUDITOR'S PARCEL 2014116; THENCE SOUTHEASTERLY 1.84 FEET ALONG SAID SOUTH LY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CO CAVE SOUTHWESTERLY (CHORD ,BEARS S22022'51"E 37.12 FEET); THENCE S25°33'40"W 10.00 F ET ALONG SAID SOUTHERLY LINE; tHENCE S64026'20"E 60.00 FEET ALONG SAID SOUTHERLY LI E; THENCE N25°33'40"E 12.33 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTHEASTERLY 9.27 FEET ALONG SAID SOUTHERLY LINE, AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CON AVE SOUTHEASTERLY (CHORD BEARS N70 3'40"E 35.36 FEET); THENCE S64026'20"E 111.50 FE ALONG SAID SOUTHERLY LINE; THENCE 1 °10'50"W 132.95 FEET; THENCE S9°15'18"W 55. 0 FEET; THENCE S0018'19"E 55.00 FEET; THE E S84°54'52"W 200.00 FEET; THENCE NORTH ESTERLY 16.52 FEET ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE NORTH STERLY (CHORD BEARS N4-1 1'32"W 16.52 FEET); THENCE S86042'03"W 215.79 FEET; ENCE S14°30'51 "W 68.49 FEET; THENCE S21 °48'05"W 170.86 FEET; THENCE S53013'37"W 209. FEET; THENCE S83036'43"W 156.77 FEET; THENCE N90000'00"W 54.43 FEET; THENCE N77°18'31W 165.31 FEET; THENCE N48°44'54"W 170.57 FEET; THENCE N11 042'33"W 162.03 FEET; THENCE N9044'33"W 200.00 FEET; THENCE N7053'36"W 108.12 FEET; THENCE N2010'27"W 109.15 FEET; THENCE N0056'32"W 33.00 FEET TO SAID SOUTHERLY CORPORATE LIMIT LINE; THENCE N89003'28"E 739.30 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 16.18 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Ordinance No. Page 2 SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of ID -RP to RS -5: SECTION II. 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 III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and 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 IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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, provisiohQr part thereof not adjudged invalid or unconstitutional. SECTION VI. eFFECTIVE DATE. This Ordinance shll be in effect after its final passage, approval and publication, as provide bylaw. Passed and approved thik day of R: ATTEST: CITY CLERK CITY CLERK 20_ by: City Attorney's Office ag Lir, . IA. Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ15-00018) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 16.18 ACRES LOCATED AT CAMP CARDINAL BOULEVARD AND KENNEDY PARKWAY FROM INTERIMDEVELOPMENT - RESEARCH PARK (ID -RP) TO SINGLE FAMILY RESIDENTIAL (RS -5) (REZ15-00018) WHEREAS, the applicant, The Crossings Development, LC, has r located at Camp Cardinal Boulevard and Kennedy Parkway, from Interim - RP) to Low Density Single -Family Residential (RS -5); and WHEREAS, the Comprehensive Plan, which indicates that this area is including residential development; and WHEREAS, the Planning and Zoning Commission has reviewed recommended the application be approved. a rezoning of property ent Research Park (ID - for "conservation design" NOW, THEREFORE, BE IT ORDAINED BY\THE CITY COUNCIL OF TH$CITY OF REZONING LEGAL DESCRIPTION - ID -RP T RS -5 w PART OF THE NORTHWEST QUARTER AND RT OF THE NORT EAST QUARTE TOWNSHIP 79 NORTH, RANGE 7 WEST OF 5TH PRINCIPA MERIDIAN, IOW), COUNTY, IOWA AND A PART OF AUDITOR'S RC NO. 20 052 AS RECORI PAGE 379 IN THE OFFICE OF THE JOHNSO COUNTY, WA RECORDER FOLLOWS: ezonin and has ©' TYiIOW "- SEZ�'fION Oft, MHNSON =D IN OK 56, DESCRIBED AS COMMENCING AT THE NORTH QUARTER CORNER F S ID SECTION 12; THENCE SO°01'43"W ALONG THE EAST LINE OF THE NORTHEAST QUARE OF SAID NORTHWEST QUARTER A DISTANCE OF 476.71 FEET TO THE SOUTHERLY CORPO TE LIMIT LINE AS ESTABLISHED IN THE CORALVILLE VOLUNTARY ANNEXATION AND RECORDE BOOK 3873, PAGES 868-897 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER N THE POINT OF BEGINNING; THENCE N89003'28"E 198.73 FEET ALONG SAID SOUTHE Y CORPORATE LIMIT LINE; THENCE SOUTHEASTERLY 179.94 FEET ALONG SAID SOUTHE LY CORPORATE LIMIT LINE AND THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE SO THWESTERLY (CHORD BEARS S80°37'57"E 178.97 FEET) TO THE WESTERLY LINE OF AUDITOR' PARCEL 2014116 AS RECORDED IN BOOK 59, PAGES 93-94 IN THE OFFICE OF THE JOHNSON C NTY RECORDER; THENCE S19040'38"W 33.00 FEET ALONG SAID WESTERLY LINE TO THE S UTHERLY LINE OF SAID AUDITOR'S PARCEL 2014116; THENCE SOUTHEASTERLY 41.84 FEET ONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOU HWESTERLY (CHORD BEARS S22°22'51"E 37.12 FEET); THENCE S25°33'40"W 10.00 FEET ALONG AID SOUTHERLY LINE; THENCE S64026'20"E 60.00 FEET ALONG SAID SOUTHERLY LINE; THENC N25°33'40"E 12.33 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTHEASTERLY 39.27 FEET LONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUT EASTERLY (CHORD BEARS N70°33'40"E 35.36 FEET); THENCE S64026'20"E 111.50 FEET ALONG ID SOUTHERLY LINE; THENCE S21°10'50"W 132.95 FEET; THENCE S9°15'18"W 55.00 FEET; T NCE S0018'19"E 55.00 FEET; THIENCE S84054'52"W 200.00 FEET; THENCE NORTHWESTERLY 1 .52 FEET ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY HORD BEARS N401 1'32"W 16.52 FEET); THENCE S86042'03"W 215.79 FEET; THENCE S14° '51"W 68.49 FEET; THENCE S21°48'05"W 170.86 FEET; THENCE S53013'37"W 209.13 FEET; THEN E S83°36'43"W 156.77 FEET; THENCE N90000'00"W 54.43 FEET; THENCE N77018'31"W 165.31 FEET THENCE N48044'54"W 170.57 FEET; THENCE N11°42'33"W 162.03 FEET; THENCE N9044'33"W 20 .00 FEET; THENCE N7053'36"W 108.12 FEET; THENCE N2010'27"W 109.15 FEET; THENCE N005 '32"W 33.00 FEET TO SAID SOUTHERLY CORPORATE LIMIT LINE; THENCE N89°03'28"E 739.30 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 16.18 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Ordinance No. Page 2 SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of ID -RP to RS -5: SECTION II. ZONING MAP. ,The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa qty, Iowa, to conform to this amendmen upon the final passage, approval and publication of this ordinance y law. SECTION Ill. CERTIFICATIONAND RECORDING. Upon passage nd approval of the Ordinance, the City Clerk is hereby authorized and irected to certify a copy of this ordi nce and to record the same, at the office of the County Recorder of Joh on County, Iowa, at the owners pense, all as provided by law. SECTION IV. REPEALER. Allo finances and parts of ordinan s in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If a\ection,provision or part f the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudicnot affect the lidity of the Ordinance as a whole or any section, provision or part thereof not adjid or unconsti tional.SECTION VI. EFFECTIVE DATE. nce shall b in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ii_ 7 •: ATTEST: CITY CLERK CITY CLERK 20_ City AttornVy's Office cn o r -n 6a Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ15-00018) ORDINANCE NO. ORDINANCE REZONING 16.18 ACRES LOCATED SOUTH OF KENNEDY PARKWAY WEST OF CAMP CARDINAL BOULEVARD FROM INTERIM DEVELOPMENT - RESEARCH PARK (ID -RP) TO SINGLE FAMILY RESIDENTIAL (RS -5) (REZ15-00018) WHEREAS, the applicant, The Crossings Development, LC, has requested a rezoning of property located south of Kennedy Parkway west of Camp Cardinal Boulevard, from Interim -Development Research Park (ID -RP) to Low Density Single -Family Residential (RS -5); and WHEREAS, the Comprehensive Plan indicates that this area is suitable for "conservation design" including residential development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended the application be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby zoned RS -5, as defined in the Iowa City Code of Ordinances: PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND A PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12; THENCE S0001'43"W ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER A DISTANCE OF 476.71 FEET TO THE SOUTHERLY CORPORATE LIMIT LINE AS ESTABLISHED IN THE CORALVILLE VOLUNTARY ANNEXATION AND RECORDED IN BOOK 3873, PAGES 868-897 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND THE POINT OF BEGINNING; THENCE N89003'28"E 198.73 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE; THENCE SOUTHEASTERLY 179.94 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE AND THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S80°37'57"E 178.97 FEET) TO THE WESTERLY LINE OF AUDITOR'S PARCEL 2014116 AS RECORDED IN BOOK 59, PAGES 93-94 IN THE OFFICE OF THE JOHNSON COUNTY RECORDER; THENCE S19040'38"W 33.00 FEET ALONG SAID WESTERLY LINE TO THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL 2014116; THENCE SOUTHEASTERLY 41.84 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S22022'51"E 37.12 FEET); THENCE S25°33'40"W 10.00 FEET ALONG SAID SOUTHERLY LINE; THENCE S64026'20"E 60.00 FEET ALONG SAID SOUTHERLY LINE; THENCE N25033'40"E 12.33 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTHEASTERLY 39.27 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS N70°33'40"E 35.36 FEET); THENCE S64026'20"E 111.50 FEET ALONG SAID SOUTHERLY LINE; THENCE S21°10'50"W 132.95 FEET; THENCE S9°15'18"W 55.00 FEET; THENCE SO°18'19"E 55.00 FEET; THENCE S84°54'52"W 200.00 FEET; THENCE NORTHWESTERLY 16.52 FEET ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N4011'32"W 16.52 FEET); THENCE S86042'03"W 215.79 FEET; THENCE S14030'51'1N 68.49 FEET; THENCE S21 °48'05"W 170.86 FEET; THENCE S53013'37"W 209.13 FEET; THENCE S83°36'43"W 156.77 FEET; THENCE N90000'00"W 54.43 FEET; THENCE N77°18'31"W 165.31 FEET; THENCE N48°44'54"W 170.57 FEET; THENCE N11042'33"W 162.03 FEET; THENCE N9°44'33"W 200.00 FEET; THENCE N7°53'36"W 108.12 FEET; THENCE N2010'27"W 109.15 FEET; THENCE N0056'32"W 33.00 FEET TO SAID SOUTHERLY CORPORATE LIMIT LINE; THENCE N89°03'28"E 739.30 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE TO THE POINT OF BEGINNING. Ordinance No. Page 2 SAID PARCEL CONTAINS 16.18 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. 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 III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and 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 IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20_, MAYOR: ATTEST: CITY CLERK CITY CLERK Approved by: C4 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: AYES: Botchway, Dickens. Second Consideration _ Vote for passage: Date published ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton that the 12/15/2015 Dobyns, Hayek, Mims, Payne, Throgmorton, NAYS: None. ABSENT: None. Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINAN CONDITIONALLY REZONING APPROXIMATELY 1y63 ACRES COMMUNITY C MERCIAL (CC -2) ZONE TO RIVERFRONT CROSSINGS — C (RFC -CX) ZONE L CATED AT 602, 604, 608, 610, 614, 620, 628 SOUTH DUBU 00020). WHEREAS, the a licant, HD Capital Partners, LLC, has re 602, 604, 608, 610, 61 620, 628 South Dubuque Street from Riverfront Crossings — Ce tral Crossings (RFC -CX); and WHEREAS, the Down t wn and Riverfront Crossings Maste integral part of the City's Co rehensive Plan and the subject i S bdistrict of the Riverfront Cro sings District; and CAO) F GROSS FA' (REZ15- CD ,d a rezoning of property located at munity Commercial (CC -2) Zone to Plan was adopted in January 2013 as an onerty is located in the Central Crossings u WHEREAS, the Riverfront rossings — Central Crossi gs (RFC -CX) Zone was developed to help implement the vision of the Riv rout Crossings Master Ian by encouraging redevelopment that will maintain a pedestrian -friendly chara ter along S. Dubuque treet with a mix of residential and small retail uses that will build on on-going efforts improve quality re idential and storefront design in a manner that is contextual with the moderate scale of t neighborhood nd that will leverage future investments in transit and other public infrastructure; WHEREAS, the Planning and Zoning Commissio has determined that the requested rezoning will result in a significant increase in the residen ' I popul ion in the area and to achieve comprehensive plan goals for improved living environments and con xtual ' fill, new buildings should be broken into modules that help break up the mass and scale of new buil 'ng and additional conditions for mid -block shared open space between buildings and within rear courtyard s shown on the concept plan submitted by the applicant will ensure that the requested rezoning is consiste ith the Comprehensive Plan; WHEREAS, Iowa Code §414.5 (2015) prov' a that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning que , over and above existing regulations, in order to satisfy public needs caused by the requested c ange; a WHEREAS, the owner and applicant hav agreed th the property shall be developed in accordance with the terms and conditions of the Conditio al Zoning Ag ement attached hereto, to satisfy public needs caused by the requested development to ens re appropriate velopment in this area of the city. NOW, THEREFORE, BE IT ORDAIN D BY THE CITY OUNCIL OF THE CITY OF IOWA CITY, IOWA: SEC4rtyrf PPROVAL. Subject to he Conditional Zoning Agr ment attached hereto and incorporated herein, pdescribed below is h reby reclassified from its cu ent zoning designation of Community Commer2) to Riverfront Cro Ings —Central Crossings (RFC- X): (Need lecription from ap !cant)SECZONING MAP he building official is hereby authorized a directed to change the zoning map of tof Iowa City, owa, to conform to this amendment upon th final passage, approval and publicatioordinance a approved by law.SEC. CONDITI NAL ZONING AGREEMENT. The mayor is hereb uthorized and directed to sign, and the City Clerk est, the Conditional Zoning Agreement between the p perty owner(s) and the City, following passage a approval of this Ordinance. SECTION IV. CER FICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby a thorized and directed to certify a copy of this ordinance, and record the same in the Office of the Coun Recorder, Johnson County, Iowa, along with the associated conditional zoning agreement and c ceptual site plan at the Owner's expense, upon the final passage, approval and publication of this rdinance, as provided by law. SECTION V REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are I*reby repealed. Ordinance No. Page 2 SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 12016. C) Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ15-00020) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), HD Capital Partners, LLC (hereinafter "Applicant"), and (referred thereinafter as "Owners"). WHEIAS, Owners are the legal title holders of 602, 604, 608, 610, 614, 620, and 628 South Dubuque Street, Street, Iowa City, Iowa, together comprising approximately 1.03 acres of property; and WHEREAS, the Applicant has requested the rezoning of said properties from Community Commerciaf(CC-2) to Riverfront Crossings — Central rossings (RFC -CX); and WHEREAS, the Plan ing and Zoning Commission has determined that the requested rezoning will result in a signifi nt increase in the residential po ulation in the area and to achieve comprehensive plan goals for proved living environments nd contextual infill, new buildings should be broken into modules at help break up the m ss and scale of new buildings and additional conditions for mid-blo shared open spa between buildings and within rear courtyards as shown on the conc t plan submitted y the applicant will ensure that the requested zoning is consistent with th Comprehensive Ian; WHEREAS, Iowa Code §414.5 ( 15) provi es that the City of Iowa City may impose reasonable conditions on granting an ap icant's ezoning request, over and above existing regulations, in order to satisfy public needs use by the requested change; and WHEREAS, certain conditions and development of the property is consistent wit attractive, and comfortable environment for r NOW, THEREFORE, in consideration of the agree as follows: / 1. tions are reasonable to ensure the iprehensive Plan and the need for a safe, living. promises contained Dein, t parties is/he legal title holde the property le.0.0 ip =w 2. The Applicant and Ow&r acknowledge that the City w hes to ensr corytgrmance to the principles of the omprehensive Plan, including the ntral Crossings SUbdistrict of the Downtown and iverfront Crossings Master Plan, and a Owner intends to comply therewith. Further, he parties acknowledge that Iowa Code 414.5 (2015) provides that the City of Iowa ity may impose reasonable conditions on a zoning request, over and above the existi g regulations, in order to satisfy public needs aused by the requested change. 3. In considera on of the City's rezoning the subject property, Owne and Applicant agree that redeve pment of the subject property will conform to all requir ents of the zoning chapter, well as the following conditions to be satisfied upon re velopment of the property: 1) U n redevelopment, mid -block, useable open space is required between the ildinas as shown on the conceptual site plan, attached hereto. The mid -block space 1 of 3 between the buildings must be at least 35 feet wide and must be designed as a "private pedestrian street" as set forth in City Code Section 14 -2G -7B, Pedestrian Streets, and also meet the design standards for "open space" as set forth in City Code section 14 -2G -7E, Open Space Requirements for Projects with Residential Use. Due to the sloping topography of the site this space may be located on top of a parking structure that is located below the grade of Dubuque Street, such that the mid -block pedestrian street is at the level of and can be accessed from the Dubuque Street frontage, but may be elevated above the level of the rear alley. 2) Upon redevelopment useable shared open space with minimum dimensions 35 feet x 70 fe t is required in a rear courtyard between building wings as shown on the concep al site plan, attached hereto. The courtyard must be configured as shared useable site space meeting the design standards in 14 -2G -7E, Open Space Requirements for Projects with Residential Use. 4. The condition con ` ined herein is a reasonable conditi n to impose on the land under Iowa Code §414.5 (2Q15), and that said condition sati ies public needs that are caused by the requested zonin change. 5. In the event the subjec\Agree s transferred, Id, redeveloped, or subdivided, all development will conforrms of this Co ditional Zoning Agreement. 6. This Conditional Zoning shall be de med to be a covenant running with the land and with title to thehall remai in full force and effect as a covenant with title to the land, unless osed of re c rd by the City of Iowa City. 7. This agreement shall inure to the ben it of nd bind all successors, representatives, and assigns of the parties. 8. Nothing in this Conditional Zoning Agr m nt shall be construed to relieve the Owner or Applicant from complying with all othe appli ble local, state, and federal regulations. 9. This Conditional Zoning Agree nt shall b incorporated by reference into the ordinance rezoning the subject p perty, and th upon adoption and publication of the ordinance, this agreement and t e attached conce ual site plan shall be recorded in the Johnson County Recorder's O ice at the Applicant's xpense. Dated this day of , 2015. CITY OF IOWA CITY , Mayor By: HD Capital Partners, LLC r.� Attest: Marian K. Karr, City lerk By: (owner) Approved by: City Attorney's Office 2 of 3 t CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 2016 by and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. HD Capital Partners, LLC STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before (type of authority, su STATE OF IOWA ) JOHNSON COUNTY ) Notary Public in and for the State of Iowa (Stamp or Seal) My commission expires: lic in and for the State of Iowa (Stamp oreal) My commissi expires: ENT: This instrument was aq%nowledged before me on , 2015 by as /(type of authority, such as officer or trustee) of Notary Public in and for the State of Iowa (Stamp or Seal) My commission expires: 3 of 3 LP .,. C3 -; � '44w C� s" n on , 2015 by s h officer or trustee) of HD Capital ParTners, LLC. lic in and for the State of Iowa (Stamp oreal) My commissi expires: ENT: This instrument was aq%nowledged before me on , 2015 by as /(type of authority, such as officer or trustee) of Notary Public in and for the State of Iowa (Stamp or Seal) My commission expires: 3 of 3 1� w or," 4 d J. Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ15-00020) CONDITIONAL ZONING AGREEIWENT THIS AGREEMENT is made between the City of Iowa Ci Iowa, a municipal corporation (hereinafter "City"), HD Capital Partners, LLC (hereinafter "A plicant"), and Dubuque &Prentiss Investments, LC (referred to hereinafter as "Owners"). 7 WHEREA Owners are the legal title holders of 02, 604, 608, 610, 614, 620, and 628 South Dubuque S\eet,Iowa City, Iowa, together c prising approximately 1.03 acres of property; and WHEREAS,Applicant has requeste the rezoning of said properties from Community CommCC-2) to Rive rfront Cros ngs — Central Crossings (RFC -CX); and WHEREAS, the Pla\ininrezoning will result in a sigcomprehensive plan goals should be broken into module additional conditions for mid - courtyards as shown on the requested zoning is consistent g and Zoning resimmission has determined that the requested int increase intCdential population in the area and to achieve improved livin environments and contextual infill, new buildings frthat help eak up the mass and scale of new buildings and ock shay open space between buildings and within rear I submitted by the applicant will ensure that the prehensive Plan; the WHEREAS, Iowa Code §41 (2015) provides that the City of Iowa City may impose reasonable conditions on granting f applicant's rezoning request, over and above existing regulations, in order to satisfy public/fiVeds caused by the requested change; and WHEREAS, certain con ition and restrictions are reasonable to ensure the development of the property is c sisten with the Comprehensive Plan and the need for a safe, attractive, and comfortable envir nment fo residential living. NOW, THEREFORE, in con deration of t e mutual promises contained herein, the parties agree as follows: Dubuque & Prentis Investments, LC the legal title holder of the property legally described as: LOTS 5, 6, AND IN BLOCK 10 COON Y SEAT ADDITION ACCORDING TO THE RECORDED P THEREOF RECORDE IN BOOK 1 AND 2, PAGE 253, DEED RECORDS OF OHNSON COUNTY, AND PORTIONS OF LOT 8 IN BLOCK 10 COUNTY SEAT ADDITION AS DESCRIBED B LOW: COMMENCINJ AT THE NORTHWEST CORN OF LOT 8; THENCE SOUTH 49.5 FEET THENC EAST 90 FEET, THENCE NON3Y2FEET 49.5 FEET, THENCE WEST TO THE PLACE (,DF BEGINNING; AND THE SOUTH OF LOT EIGHT (8). 2. The Applica't and Owner acknowledge that the City wishes to ensure conformance to the principle; of the Comprehensive Plan, including th Central Crossings Subdistrict of the Downtown and Riverfront Crossings Master Plan, ad the Owner intends to comply therewith. Further, the parties acknowledge that Iowa Co §414.5 (2015) provides that the City oflowa City may impose reasonable conditions on rezoning request, over and above then existing regulations, in order to satisfy public nee caused by the requested change. 3. In consideration of the City's rezoning the subject property, Own and Applicant agree 1 of 4 that redevelopment of the subject property will conforfn to all requirements of the zoning chapter, as well as the following conditions to be tisfied upon redevelopment of the property: 1) Redevelopment of the above-described prope y shall be in general conformance with the attached conceptual site plan, particularly ith regard to the separation of buildings with a mid -block, uses a open space b tween the buildings as shown on the conceptual site plan, ached hereto. Th mid -block space between the buildings must be at least 35 feet wide and designe as a "private pedestrian street", as set forth in City Code Section 1 -2G -7B, Pedestri n Streets. Due to the sloping topography of the site this space may be located on t p of a parking structure that is located below the grade of Dubuque S eet, such that he mid -block pedestrian street is at the level of and can be accessed fr m the Dubu a Street frontage, but may be elevated above the level of the rear aIle In such a ase, direct access to the alley from the private pedestrian street need no be provid d. 2) Upon redevelopment, use ble shar d open space with minimum dimensions 35 feet x 70 feet is required in a rea court rd between the wings of the southern building, as shown on the conceptual si pla , attached hereto. The courtyard must be configured as shared useable open s ac meeting the design standards in 14 -2G -7E, Open Space Requirements for Proj c with Residential Use. 4. The condition contained herein * a reasonable condition to impose on the land under Iowa Code §414.5 (2015), and said condition satisfies public needs that are caused by the requested zoning chang . 5. In the event the subject pro erty i transferred, sold, redeveloped, or subdivided, all development will conform, the ter s of this Conditional Zoning Agreement. 6. This Conditional Zoning A 4eement sh II be deemed to be a covenant running with the land and with title to the la d, and shall emain in full force and effect as a covenant with title to the land, unless or ntil released record by the City of Iowa City. 7. This agreement shall in��re to the benefit oand bind all successors, representatives, and assigns of the parties. / \ 8. Nothing in this Conditipnal Zoning Agreemenkshall be construed to relieve the Owner or Applicant from complying with all other applica le local, state, and federal regulations. 9. This Conditional Z ning Agreement shall b incorporated by reference into the ordinance rezoning the subject property, and th t upon adoption and publication of the ordinance, this agr ement and the attached conc tual site plan shall be recorded in the Johnson County corder's Office at the Applicant expense. Dated this day of CITY OF IOWA CITY j 2016. Mayor I By: HD Capital P Attest: 2 of 4 , LLC Marian K. Karr, City Clerk Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDG STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged and Marian K. of Iowa City. By: Dubuque & Prentiss Investments, LC NT: eon , 2016 by as ayor and City Clerk, respectively, of the City Public in and for the State of Iowa (Stam or Seal) My co mission expires: HD Capital Partners, LLC STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was ackno ledged before me on 2015 by as (ty a of authority, such as officer trustee) of HD Capital Partners, LLC. Notary Publics n and for the State of Iowa (Stamp or Sea My commission expires: Dubuque & Prentiss Investments, LC ACKNOWLEDGMENT: 3of4 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 20x5 by as (type of authority, such as officer or trust) of Notary Public ir)/and for the State of Iowa (Stamp or)Beal) My comryission expires: 4 of 4 6b Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ15-00020) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.03 ACRES OF PROPERTY FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO RIVERFRONT CROSSINGS — CENTRAL CROSSINGS (RFC -CX) ZONE LOCATED AT 602, 604, 608, 610, 614, 620, 628 SOUTH DUBUQUE STREET (REZ15- 00020). WHEREAS, the applicant, HD Capital Partners, LLC, has requested a rezoning of property located at 602, 604, 608, 610, 614, 620, 628 South Dubuque Street from Community Commercial (CC -2) Zone to Riverfront Crossings — Central Crossings (RFC -CX); 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 Central Crossings Subdistrict of the Riverfront Crossings District; and WHEREAS, the Riverfront Crossings — Central Crossings (RFC -CX) Zone was developed to help implement the vision of the Riverfront Crossings Master Plan by encouraging redevelopment that will maintain a pedestrian -friendly character along S. Dubuque Street with a mix of residential and small retail uses that will build on on-going efforts to improve quality residential and storefront design in a manner that is contextual with the medium scale of the neighborhood and that will leverage future investments in transit and other public infrastructure; WHEREAS, the requested rezoning will result in a significant increase in the residential population in the area and to achieve comprehensive plan goals for improved living environments and contextual infill, new buildings should be broken into modules that help break up the mass and scale of new buildings and provide needed open space for residents and/or outdoor amenity space for small neighborhood -serving commercial uses; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan, provided that the applicant creates mid -block shared, useable open space between the buildings and between building wings as conceptually shown on the submitted site plan; and WHEREAS, Iowa Code §414.5 (2015) 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 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 zoned Riverfront Crossings — Central Crossings (RFC -CX): Lots 5, 6, 7 and portions of Lot 8 described as: commencing at the northwest corner of Lot 8; thence south 24 feet and 4 inches, thence east 90 feet, thence north 24 feet and 4 inches, thence west 90 feet to the place of beginning; and beginning at a point 24 feet 4 inches south of the Northwest Corner of Lot 8, thence south 25 feet, 2 inches, thence east 90 feet, thence north 25 feet, 2 inches, thence west to the place of beginning; and the South 30 Y2 feet of Lot 8, all in Block 10 in that part of Iowa City, Iowa, known as the County Seat of Johnson County, Iowa, according to the recorded plat thereof recorded in Book 1 and 2, Page 253, Deed Records of Johnson County, Iowa. 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. Ordinance No. Page 2 SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2016. MAYOR ATTEST: CITY CLERK Approved by: City Attorneys Office 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 12/15/2015 Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published that the Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ15-00020) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), HD Capital Partners, LLC (hereinafter "Applicant"), and Dubuque & Prentiss Investments, LC (referred to hereinafter as "Owners"). WHEREAS, Owners are the legal title holders of 602, 604, 608, 610, 614, 620, and 628 South Dubuque Street, Iowa City, Iowa, together comprising approximately 1.03 acres of property; and WHEREAS, the Applicant has requested the rezoning of said properties from Community Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX); and WHEREAS, the Planning and Zoning Commission has determined that the requested rezoning will result in a significant increase in the residential population in the area and to achieve comprehensive plan goals for improved living environments and contextual infill, new buildings should be broken into modules that help break up the mass and scale of new buildings and additional conditions for mid -block shared open space between buildings and within rear courtyards as shown on the concept plan submitted by the applicant will ensure that the requested zoning is consistent with the Comprehensive Plan; WHEREAS, Iowa Code §414.5 (2015) 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, certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for a safe, attractive, and comfortable environment for residential living. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: Dubuque & Prentiss Investments, LC is the legal title holder of the property legally described as: Lots 5, 6, 7 and portions of Lot 8 described as: commencing at the northwest corner of Lot 8; thence south 24 feet and 4 inches, thence east 90 feet, thence north 24 feet and 4 inches, thence west 90 feet to the place of beginning; and beginning at a point 24 feet 4 inches south of the Northwest Corner of Lot eight (8), thence south 25 feet 2 inches, thence east 90 feet, thence north 25 feet 2 inches, thence west to the place of beginning; and the South 30 % feet of Lot eight (8), all In Block 10 in that part of Iowa City, Iowa, known as the County Seat of Johnson County, Iowa, according to the recorded plat thereof recorded in Book 1 and 2, Page 253, Deed Records of Johnson County, Iowa. 1 of 4 2. The Applicant and Owner acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan, including the Central Crossings Subdistrict of the Downtown and Riverfront Crossings Master Plan, and the Owner intends to comply therewith. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on a 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 redevelopment of the subject property will conform to all requirements of the zoning chapter, as well as the following conditions to be satisfied upon redevelopment of the property: 1) Redevelopment of the above-described property shall be in general conformance with the attached conceptual site plan, particularly with regard to the separation of buildings with a mid -block, useable open space between the buildings as shown on the conceptual site plan, attached hereto. The mid -block space between the buildings must be at least 35 feet wide and designed as a "private pedestrian street", as set forth in City Code Section 14 -2G -7B, Pedestrian Streets. Due to the sloping topography of the site this space may be located on top of a parking structure that is located below the grade of Dubuque Street, such that the mid -block pedestrian street is at the level of and can be accessed from the Dubuque Street frontage, but may be elevated above the level of the rear alley. In such a case, direct access to the alley from the private pedestrian street need not be provided. 2) Upon redevelopment, useable shared open space with minimum dimensions 35 feet x 70 feet is required in a rear courtyard between the wings of the southern building, as shown on the conceptual site plan, attached hereto. The courtyard must be configured as shared useable open space meeting the design standards in 14 -2G -7E, Open Space Requirements for Projects with Residential Use. 4. The condition contained herein is a reasonable condition to impose on the land under Iowa Code §414.5 (2015), and that said condition satisfies public needs that are caused by the requested zoning change. 5. In the event the subject property is transferred, sold, redeveloped, or subdivided, all development will conform with the terms of this Conditional Zoning Agreement. 6. 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. 7. This agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. 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. 9. 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 and the attached conceptual site plan shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of 2015. 2 of 4 CITY OF IOWA CITY Mayor By: HD Capital Partners, LLC Attest: Marian K. Karr, City Clerk By: Michael Manager Approved by: U City Attorney's Office 12-116-1116-- "evin Manager By: Dubuque & Prentiss Investments, LC CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 2016 by 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) My commission expires: 3 of 4 HD Capital Partners, LLC : STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on / 21 15 , 2015 by Michael E. Hodge and Kevin Digmann as Managers of HD Capital Partners, LLC. K DENISE ROHM Notubbllc In an for the State of Iowa Notarial SSI -Iowa Commission No. 726696 St My Commission Expires Fdn" 02, 2011 (Stamp or Seal) My commission expires: Dubuque & Prentiss Investments, LC ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on �2015 by Michael E. Hodge as manager of Dubuque & Prentiss Investments, LC.R Notary Public in and for the State of Iowa DENISE ROHM Notarial Seal - Iowa Commission No. 726696 My Commission Expires February 02, 2016 (Stamp or Seal) My commission expires: Z - 4098(65).1/2415-12-10 Conditional Zoning Agreement 4 of 4 Prepared by: John Yapp, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252 (REZ-15-00021) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 7.98 ACRES OF PROPERTY FROM COMMERCIAL OFFICE (CO -1) TO INTENSIVE COMMERCIAL (CI -1) ZONE LOCATED EAST OF MORMON TREK BOULEVARD BETWEEN GRACE DRIVE AND EAGLE VIEW DRIVE (REZ15-00021) WHEREAS, the applicant, Build to Suit, has requested a Trek Boulevard between Grace Drive and Eagle View Drive Commercial (CI -1); and WHEREAS, the Comprehensive Plan, specifically the S Commercial Office and Intensive Commercial are appropriate 1 WHEREAS, the Planning an Zoning Commission has re WHEREAS, Mormon Trek B ulevard has adequate c ing of property located east of Mormon Commercial Office (CO -1) to Intensive th Central District Plan indicates that both this property; and ved the proposed rezoning; and ity to serve proposed development on this F1 operty. NOW, THEREFORE, BE IT ORDAI D BY THE CITY C NCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Prope described belo is hereby reclassified from its current zoning designation of Commercial Office (CO- to Intensive C mercial (CI -1): Lots 3 and 4 of JJR Davis Second A dition, an Lots 2, 3, and 4 of JJR Davis Fourth Addition in the Southeast Quarter of the Northeast Qua er and he Northeast Quarter of the Southeast Quarter of Section 20, Township 79 North, Range st, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. SECTION II. ZONING MAP. The Buildin In ector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to onfo to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AN[ City Clerk is hereby authorized and direr office of the County Recorder of Johnson SECTION IV. REPEALER. All ordir Ordinance are hereby repealed. kORDIN Upon passage and approval of the Ordinance, the to certify a c y of this ordinance and to record the same, at the unty, Iowa, at a owner's expense, all as provided by law. ;es and parts o ordinances in conflict with the provisions of this SECTION V. SEVERABILITY. If y section, provision or Xar invalid or unconstitutional, such adju cation shall not affect the v section, provision or part thereof not djudged invalid or unconstit RFr.TION VI EFFECTIVE D E. This Ordinance shall be in publication, as provided by law. Passed and approved this �_ day of ATTEST: CITY MAYOR: Approved by: of the Ordinance shall be adjudged to be liditv of the Ordinance as a whole or any after its final passage, approval and City Attorney's Office C era 120 o rr t En City Attorney's Office C Prepared by: John Yapp, Dev. Services Coor., 410 E. Washington, Iowa City, IA 52240 (319) 356-5252 (REZ15-00021) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Harold John Dane, Jr. Revocable Trust, Allegra G. Dane Revocable Trust, James R. Davis, and Shottenkirk ICR LLC, (hereinafter collectively referred to as "Owners"), and'�Bqild to Suit (hereinafter "Applicant"). 7 WkkREAS, Owners are the legal title holder of approximately 7acres of property located at MoRnon Trek Blvd, Grace Dr, and Eagle View Dr. in Iowa City, wa; and WHEREA , the Applicant has requested the rezoning ofsai roperty from Commercial Office (CO -1) to Int sive Commercial (CI -1); and WHEREAS, th Planning and Zoning Commission as the reviewed the proposed rezoning and determined at it complies with the Compre nsive Plan provided that it meets conditions addressing site sign including landscaping, t height of lights, and restrictions on outdoor storage in order to pro ote compatibility with adj nt land uses; and WHEREAS, Iowa Code § 4.5 (2015) provi s that the City of Iowa City may impose reasonable conditions on granting ezoning req st, over and above existing regulations, in order to satisfy public needs caused b he reque ed change; and WHEREAS, the Owners and A li nt acknowledge that certain conditions and restrictions are reasonable to ensure the d elopment of the property is consistent with the Comprehensive Plan and the need for aper p\sitesign including landscaping, limitations on lighting, and limitations on outdoor stor ge rrounding land uses; and WHEREAS, the Owners agree develerty in accordance with the terms and conditions of a Conditional Zoning Ag ement. NOW, THEREFORE, in /4OF ion of the mutual pro 'ses contained herein, the parties agree as follows: 1. Owners are the colal title holders of the property gally described as: LOTS 3 ANR DAVIS SECOND ADDITION, NDLOTS2,3,AND4OF JJRDAVIS ADDITION, IOWA CITY, JOHNS COUNTY, IOWA 2. The Ownersrquest, owledge that the City wishes to ensure confo nce to the principles of the Compnsive Plan. Further, the parties acknowledge th t Iowa Code §414.5 (2015) proviat the City of Iowa City may impose reasonable c ditions on granting a rezoning r over and above the existing regulations, in or r to satisfy public needs causehe requested change. 3. In consideration of the City's rezoning the subject property, Owners ands Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. General conformance with the conceptual site plan dated 11-17-15; b. No outdoor storage shall be permitted on the property; and c. Exterior lights shall be mounted no more than 25' (feet) in height above grade. 4. The Owners and Appliclinnt acknowledge that the conditions c ntained herein are reasonable conditions to i pose on the land under Iowa Code §41.5 (2015), and that said conditions satisfy publIp needs that are caused by the requeste zoning change. 5. The Owners and Applican acknowledge that in the event th3i subject property is transferred, sold, redevelop d, or subdivided, all redevelopme will conform with the terms of this Conditional Zoni g Agreement. 6. The parties acknowledge that his Conditional Zoning Agreqfnent shall be deemed to be a covenant running with the lad and with title to the Ian , and shall remain in full force and effect as a covenant with tle to the land, unless qr until released of record by the City of Iowa City. The parties further acknowledge hat this agreeme `t shall inure to the benefit of and bind all successors, representatives, a d assigns oft i parties. 7. The Owners and Applicant ac nowledge hat nothing in this Conditional Zoning Agreement shall be construed to lieve the Owner or Applicant from complying with all other applicable local, state, and fe eral r gulations. 8. , The parties agree that this Cond reference into the ordinance rezon publication of the ordinance, this Recorder's Office at the Applican s Dated this day of CITY OF IOWA CITY Mayor Attest: Marian K. Karr, City Approved by? „" City Attorney's Ofd ce ial Zoning Agreement shall be incorporated by the subject property, and that upon adoption and :ement shall be recorded in the Johnson County )ense. 20 NERS By: Trustee of the Harold Joh Dane, Jr. Revocable Trust By: G. , Trustee of the Allegra Revocable Trust By: James R. Davis By of Shottenkirk ICR, L.L.C. APPLICANT By:—� CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) of Build to Suif\,L.L.C. This instrument was acknowledged beforeme on (Mayor) and Marian K. Karr as I the City of Iowa City. HAROLD JOHN DANE JR REVOCABLE TWJS1 State of County of This record was acknowledged bef/EE on _ (Name(s) of individual(s)) as TRUSf the H ALLEGRA G State of County of _ REVOCABLE TRUST 20_ by and City Clerk, respectively, of P lic in and for the State of Iowa or Seal) (a d Rank) EMENT , 20_ by John Dane, Jr. Revocable Trust. Notary P blic in and for the State of (Stamp o Seal) Title (and ank) My com mi sion expires: 3 This record was acknowledged before me on , 20_ by (Name(s) of individual(s)) as TRUSTEE of the Allegra G Dane Revocable Trust. JAMES R. DAVIS ACKNOWLEDGEMEN' STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before Davis. PkAa-ry Public i' nd for the State of (Stamp or Seal) Title (and Rank) My commission a pires: on 1 , 20_ by James R. P7ry ublic in and for said County and State 0 or Seal) (and Rank) ommission expires: SHOTTENKIRK IRC LLC ACKNOWLED EN State of County of This record was acknowledged befo a me on , 20_ by (Name(s) of individual(s)) as (type of authority, such as officer or trustee) of Shot)bnkirk IRC, L.L. BUILD TO SUIT State of County of ENT: Notary ublic in and for said County and State (Stamp Seal) Title (and ank) My commi ion expires: 4 This record was acknowledged before me on , 20_ by (Name(s) of indiviril10vCIN me such as officer or /hint of ini 4hnrihi 12-15-15 6c Prepared by: John Yapp, Dev. Services Coor., NDS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252 (REZ15-00021) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 7.98 ACRES OF PROPERTY LOCATED EAST OF MORMON TREK BOULEVARD BETWEEN GRACE DRIVE AND EAGLE VIEW DRIVE FROM COMMERCIAL OFFICE ZONE (CO -1) TO INTENSIVE COMMERCIAL ZONE (CI -1). (REZ15-00021) WHEREAS, the applicant, Build to Suit, has requested a rezoning of property located east of Mormon Trek Boulevard from Commercial Office (CO -1) to Intensive Commercial (CI -1); and WHEREAS, the Comprehensive Plan, specifically the South Central District Plan, indicates that both Commercial Office and Intensive Commercial zones are appropriate for this property, 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 site design including landscaping, the height of lights, and restrictions on outdoor storage in order to promote compatibility with adjacent land uses; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on, granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owners 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 its current zoning designation to Intensive Commercial (CI -1): LOTS 3 AND 4 OF JJR DAVIS SECOND ADDITION, AND LOTS 2, 3, AND 4 OF JJR DAVIS FOURTH ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20_. Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK Apprbved by / Zia )6 7� ilk, 'Cffy Attorney's Office 1211 ll�— Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration 12/15/2015 Botchway Dickens Dobyns Hayek Mims Payne Throgmorton that the Voteforpassage: AYES: Mims, Payne, Throgmorton, Botchway, Dickens, Hayek. NAYS: None. ABSTAIN: Dobyns. ABSENT: None. Second Consideration _ Vote for passage: Date published 12/0/2015 THU 10;27 FAX 15633266204 KSTT Place Law Offices Prepared by John Yapp, Dev. Servion Coon. 410 E. Washington, Iowa City, IA 62240 (310) 356.5252 (REZ15-00021) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT Is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Harold John Dane, Jr. Revocable Trust, Allegra G. Dane Revocable Trust, James R. Davis, and Shottenkirk ICR LLC, (hereinafter collectively referred to as "Owners"), and guild to Suit (hereinafter °Applicant"). WHEREAS, Owners are the legal title holder of approximately 7.9$ acres of property located at Mormon Trek Blvd, Grace Dr, and Eagle Yew Dr. in lows City, Iowa; and WHEREAS, the Applicant has requested the rezoning of said property from Commercial Office (CO -1) to Intensive Commercial (CI -1): and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Pian provided that it meets conditions addressing site design including landscaping, the height of -lights; and restrictions on outdoor storage In order to promote compatibility with adjacent land uses; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning raquest,- over and above existing regulations, In order to satisfy public needs caused by the requested change; and WHEREAS, the Owners and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Pian and the need for appropriate site design including landscaping, limitations on lighting, and limitations on outdoor storage given the surrounding land uses; and WHEREAS, the Owners agree 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 parries agree as follows: 1. Owners are the collective legal titleholders of the property legally described as: LOTS 3 AND 4 OF JJR DAVIS SECOND ADDITION, AND LOTS 2, 3, AND 4 OF JJR DAVIS FOURTH ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA 2. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable oonditions on granting a 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, Owners 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: Z004/010 12/'0/2015 THU 10;27 FAX 15633266204 KSTT Place Law Offices a. General conformance with the conceptual site plan dated 11-17-15; b. No outdoor storage shall be permitted on the property; and c. Exterior lights shall be mounted no more than 25' (feet) in height above grade. 4. The Owners and Applicant acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2015), and that said conditions satisfy public needs that are caused bythe requested zoning change. 5. The Owners _ and Applicant 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 Owners and Applicant acknowledge 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. a. The parties agree that this Conditional Zoning Agreement shall be Incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of CITY OF IOWA CITY Mayor Attest: Marian K. Karr, City Clerk Approved WL — City Attorney's Office /?-%lzs- 20 . OWNERS By: ► -- o-zotS Trustee f the Harold John Dane, Jr. Revocable Trust ey: Trustee of the Allegra G. Dane Revocable Trust By: James R. Davis By of Shottenkirk ICR, L.L.C. 2 2005/010 12/10/2015 THU 10:27 FAX 15633266204 KSTT Place Law Offices 006/010 APPLICANT By: of Build to Suit, L.L.C. CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 20by (Mayor) and Marian K. Karr as Mayor and City Cleric, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Sea[) Title (and Rank) HAROLD JOHN DANE JR REVOCABLE TRUST ACKNOWLEDGEMENT State of Flor ;C.1 R I County of ,S-te-r. This record was acknowledged before me on Dee-emb•« ick , 20..&y 16,,, I j Sok, 0, ,,�Sr (Name(s) of individual(s)) as TRUSTEE of the Harold John Dane, Jr. Revocable Trust. NotanPublicin and for the State `,1'R. pVe MARSHA G MCGOVERN ;i°. ; '; Notary Public -State of Florida (Stamp or Sea]) • E My Comm. Expires May 31, 2018 Commission #r FF 100959 7die (and Rank) °" Bonded Through National Notary Assn. C My commission expires: ( 2-v F s ALLEGRA G DANE REVOCABLE TRUST ACKNOWLEDGEMENT State of���� County of Gd -r K� 12/,x:0/2015 THU 10:27 FAX 15633266204 KSTT Place Law Offices This record was acknowledged before me on '20 — 20— by (Name(s) of individual(s)) as TRUSTEE of the Allegra G Dane Revocable Trust. Notary Public in and for the State of (Stamp or Seal) Title (and Rank) My commission expires: JAMES R. DAVIS ACKNOWLEDGEMENT: STATE OF IOWA ) JOHNSON COUNTY ) This instrument was acknowledged before me on , 20_ by James R. Davis. Notary Public in and for said County and State (Stamp or Seal) Title (and Renk) My commission expires: SHOTTENKIRK IRC LLC ACKNOWLEDGMENT: State of _ County of This record was acknowledged before me on , 20 by (Name(s) of individual(s)) as (type of authority, such as officer or trustee) of Shottenkirk IRC, L.L.C. BUILD TO SUIT ACKNOWLEDGMENT: State of County of Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) My commission expires: 4 Z007/010 .12/110/2015 THU 10;28 FAX 15633266204 KSTT Place Law Offices X008/010 This record was acknowledged before me on . 20 by (Name(s) of individual(s)) as such as officer or trustee) of Build to Suit, L.L.G. (type of authority, Notary Public in and for the State of (Stamp or Sea]) t The (and Rank) My commission expires, i y 4 � 3I I I 12/(10/2015 THU 10;28 FAX 15633266204 KSTT Place Law Offices Prepared brr. John Yapp, Dev. Servloes Coor., NDS, 410 E. Washington Stremi, lava City, IA 52240; 318-35GM52 (REZ15-00021) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROMMATLEY 7.98 ACRES OF PROPERTY LOCATED EAST OF MORMON TREK BOULEVARD BETWEEN GRACE DRiVE AND EAGLE VIEW DRIVE FROM COMMERCIAL OFFICE ZONE (CO -1) TO INTENSIVE COMMERCIAL ZONE (CI -1). (REZ1S-00021) WHEREAS, the applicant, Build to Suit, has requested a rezoning of properly located east of Mormon Trek Boulevard from Commercial Office (CO -1) to Intensive Commercial (C11-1); and WHEREAS, the Comprehensive Plan, speoffleally the South Central District Plan, Indicates that both. Commercial Office and intensive Commensal zones are appropriate for this property, acid WHEREAS, the Planning and Zoning Commission has the reviewed the proposed retuning and determined that it complies with the Comprehensive Pian provided that if meets condition addressing SRO design Including landscaping, the height of lights, and restrictions on outdoor storage in order to promote comp ebilitywIth adjacent land uses: and WHEREAS, Iowa Code §414.6 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owners and applicant have agreed that the property shalt be developed In accordance with the terms and conditions of the Condrdonal Zoning Agreement attached hereto to ensure appropriate development In this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation to Intensive Commercial (CI -1): LOTS 3 AND 4 OF JJR DAVIS SECOND ADDITION, AND LOTS 2, 3, AND 4 OF JJR DAVIS FOURTH ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zon(ng 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 owneris) 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 VL SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unoonstibAonal, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20_ 2009/010 12,10/2015 THU 10;28 FAX 15633266204 KSTT Place Law Offices 4010/010 Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK Ap ved by Ci Attorney's Office / Z, 5— Prepared by: John Yapp, Day. Services Coor., 410 E. Washington, Iowa City, IA 52240 (319) 356-5252 (REZ15-00021) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Jowa City, Iowa, a municipal corporation (hereinafter "City"), Harold John Dane, Jr. Revocable. Trust, Allegra G. Dane Revocable Trust, James ' R. Davis, and Shottenkirk ICR LLC, (hereinafter collectively referred to as "Owners"), and.Build to Suit.(hereinafter "Applicant"). WHEREAS, Owners are the legal title holder of approximately 7.98 acres of property located at Mormon Trek Blvd, Grace Dr, and Eagle View Dr. in Iowa City, Iowa; and WHEREAS, the Applicant has requested the rezoning of said property from Commercial Office (CO -1) to Intensive Commercial (CIA-); 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 site design including landscaping, the height of lights, and restrictions on outdoor storage in order to promote compatibility with adjacent land uses; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owners and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for appropriate site design including landscaping, limitations on lighting, and limitations on outdoor storage given the surrounding land uses; and WHEREAS, the Owners agree 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. Owners are the -collective legal title holders of the property legally described as: a LOTS 3 AND 4 OF JJR DAVIS SECOND ADDITION, AND LOTS 2, 3, AND 4 OF JJR DAVIS FOURTH ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA 2. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa "City may impose reasonable conditions on granting a 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, Owners 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: a a. General conformance with the conceptual site plan dated 11-17-15; b. No outdoor storage shall be pennitted on the property; and c. Exterior lights shall be mounted no more than 25' (feet) in height above grade 4. The Owners and Applicant acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2015), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owners and Applicant acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terns 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 Owners and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of , 20 CITY OF IOWA CITY OWNERS Mayor Attest: Marian K. Karr, City Clerk Approved b d—Aa City Attorney's Office FBI Trustee of the Harold John Dane, Jr. Rev Trust By: v Trustee of the Allegra G. Dane Revocable Trust By: James R. Davis By of Shottenkirk ICR, L.L.C. 2 APPL6,1A, T By: of Build to Suit, L.L.C. CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This Instrument was acknowledged before me on the City of Iowa City. 20 by (Mayor) and Marian K. Karr as Mayor and City Clerk, respectively, of Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) HAROLD JOHN DANE JR REVOCABLE TRUST ACKNOWLEDGEMENT State of County of This record was acknowledged before me on , 20_ by (Name(s) of individual(s)) as TRUSTEE of the Harold John Dane, Jr. Revocable Trust. Notary Public in and for the State of (Stamp or Seal) Title (and Rank) My commission expires: ALLEGRA G DANE REVOCABLE TRUST ACKNOWLEDGEMENT State of. -1-06 County of �r_ e This record was acknowledged before me on� t �, 206 -by (Name(s) of individual(s)) as TRUSTEE of the Alla ra G Dane Revocabl Trust. '—j. Notary Public in and for the State of,� SPLs KELLY J. SIDRAN (Stamp or Seal) =`F 07� Commission Nuipber 784855 My ss ires Title (and Rank) 'W� My commission expires:., JAMES R. DAVIS ACKNOWLEDGEMENT: STATE OF IOWA } } ss: JOHNSON COUNTY } This instrument was acknowledged before me on , 20 by James R. Davis. Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) My commission expires: SHOTTENKIRK IRC LLC ACKNOWLEDGMENT: State of _ County of This record was acknowledged before me on 120 by (Name(s) of individual(s)) as (type of authority, such as officer or trustee) of Shottenkirk IRC, L.L.C. BUILD TO SUIT ACKNOWLEDGMENT: State of —1 'aw County of Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) My commission expires: 4 This record was acknowledged before me on #A^b , 20JEby (Name(s) of individual(s)) as / (type of authbHty, such as officer or trustee) of Build to Suit, L.L.C. =j� �—A '-h I 'UW C -- Notary Public in and for the State of (Stamp or Seal)' , � Gc, �„� r_ Ern Numb sr 742141 •� : a ray G3=m' res The (and Rank) My commission expires: V2 FL A Prepared by: John Yapp, Dev. Services Coor., NDS, 410 E. Washington Street, Iowa Clty, IA 52240; 319-356-5252 (REZ15-00021) X-411i;/1lkM i It Is] AN ORDINANCE CONDITIONALLY REZONING APPROJCIMATLEY 7.98 ACRES OF PROPERTY LOCATED EAST OF MORMON TREK BOULEVARD BETWEEN GRACE DRIVE AND EAGLE VIEW DRIVE FROM COMMERCIAL OFFICE ZONE (CO -1) TO INTENSIVE COMMERCIAL ZONE (CI -1). (REZ15-00021) WHEREAS, the applicant, Build to Suit, has requested a rezoning of property located east of Mormon Trek Boulevard from Commercial Office (CO -1) to Intensive Commercial (CI -1); and WHEREAS, the Comprehensive Plan, specifically the South Central District Plan, Indicates that both Commercial Office and Intensive Commercial zones are appropriate for this property, 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 site design including landscaping, the height of lights, and restrictions on outdoor storage in order to promote compatibility with adjacent land uses; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owners 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 its current zoning designation to Intensive Commercial (CI -1): LOTS 3 AND 4 OF JJR DAVIS SECOND ADDITION, AND LOTS 2, 3, AND 4 OF JJR DAVIS FOURTH ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA SECTION 11. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION 111. CONDITIONAL ZONING AGREEMENT. The mayor Is hereby authorized and directed to sign, and the City Cleric attest, the Conditional Zoning Agreement between the property owners) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING, Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20_. Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK Apnpbved by —�C'Ify Attomeyrs Office Z 5 — Prepared by: John Yapp, Dev. Services Coor., 410 E. Washington, Iowa City, IA 52240 (319) 356-5252 (REZ15-00021) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Harold John Dane, Jr. Revocable Trust, Allegra G. Dane Revocable Trust, James R. Davis, and Shottenkirk ICR LLC, (hereinafter collectively referred to as "Owners"), and Build to Suit (hereinafter "Applicant"). WHEREAS, Owners are the legal title holder of approximately 7.98 acres of property located at Mormon Trek Blvd, Grace Dr, and Eagle View Dr. in Iowa City, Iowa; and WHEREAS, the Applicant has requested the rezoning of said property from Commercial Office (CO -1) to intensive Commercial (CI -1); 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 site design Including landscaping, the height of lights, and restrictions on outdoor storage in order to promote compatibility with adjacent land uses; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owners and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for appropriate site design including landscaping, limitations on lighting, and limitations on outdoor storage given the surrounding land uses; and WHEREAS, the Owners agree 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. Owners are the collective legal title holders of the property legally described as; LOTS 3 AND 4 OF JJR DAVIS SECOND ADDITION, AND LOTS 2, 3, AND 4 OF JJR DAVIS FOURTH ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA 2. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a 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, Owners 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: a. General conformance with the conceptual site plan dated 11-17-15; b. No outdoor storage shall be permitted on the property; and c. Exterior lights shall be mounted no more than 25' (feet) in height above grade. 4. The Owners and Applicant acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2015), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owners and Applicant 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 Owners and Applicant acknowledge that nothing In this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded In the Johnson County Recorder's Office at the Applicant's expense. Dated this day of , 20—. CITY OF IOWA CITY OWNERS By: Mayor 'Trustee of the Harold John Dane, Jr. Revocable Trust Attest: By: Marian K. Karr, City Clerk Trustee of the Allegra Approved b • City Attorney's Office la h lz„ G. Dane Revocable Trust 2 APPLICANT By: of Build to Suit, L.L.C. CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on . 20 by the City of Iowa City. (Mayor) and Marian K. Karr as Mayor and City Clerk, respectively, of Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) HAROLD JOHN DANE JR REVOCABLE TRUST ACKNOWLEDGEMENT State of County of This record was acknowledged before me on , 20_ by (Name(s) of individual(s)) as TRUSTEE of the Harold John Dane, Jr. Revocable Trust. Notary Public in and for the State of (Stamp or Seal) Title (and Rank) My commission expires: ALLEGRA G DANE REVOCABLE TRUST ACKNOWLEDGEMENT State of County of K This record was acknowledged before me on, 20_ by (Name(s) of individual(s)) as TRUSTEE of the Allegra G Dane Revocable Trust. Notary Public in and for the State of (Stamp or Seal) Title (and Rank) My commission expires: JAMES R. DAVIS ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 20 by James R. Davis. Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) My commission expires: SHOTTENKIRK JRt LLC ACKNOWLEDGMENT: State of - ft County of 1.046 - This record was acknowledged beforq me on (q , 20j.S�by J • Ske'' A (Name(s) of individual(s)) as M - N:AK-*-AC-e–typdof authority, such as officer or trustee) of Shottenkirk,RC, L.L.C. — Notary Pub i for said ounty and State ,TRIAL S ARTEMIO M. SANTIAGO ** Commission Number 734352 (Stamp or Seal) My Commission Expires: �owP May 5, i Title (and Rank) BUILD TO SUIT ACKNOWLEDGMENT: State of County of My commission expires: 4 This record was acknowledged before me on , 20_ by (Name(s) of individual(s)) as such as officer or trustee) of Build to Suit, L.L.C. _ (type of authority, Notary Public in and for the State of (Stamp or Seal) Title (and Rank) My commission expires: Ordinance No, Page 2 MAYOR ATTEST: CITY CLERK 7AQ ved by 111 �u C Attorneys Office j 7i l I S Prepared by. John Yapp, Dev. Services Coor., 410 E. Washington, Iowa City, IA 52240 (319) 356-5252 (REZ15-00021) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City'), Harold John Dane, Jr. Revocable Trust, Allegra G. Dane Revocable Trust, James R. Davis, and Shottenkirk ICR LLC, (hereinafter collectively referred to as "Owners"), and Build to Suit (hereinafter "Applicant"). WHEREAS, Owners are the legal title holder of approximately 7.98 acres of property located at Mormon Trek Blvd, Grace Dr, and Eagle View Dr. in Iowa City, Iowa; and WHEREAS, the Applicant has requested the rezoning of said property from Commercial Office (CO -1) to Intensive Commercial (CI -1); 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 site design including landscaping, the height of lights, and restrictions on outdoor storage in order to promote compatibility with adjacent land uses; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owners and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent With the Comprehensive Plan and the need for appropriate site design including landscaping, limitations on lighting, and limitations on outdoor storage given the surrounding land uses; and WHEREAS, the Owners agree 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. Owners are the collective legal title holders of the property legally described as: LOTS 3 AND 4 OF JJR DAVIS SECOND ADDITION, AND LOTS 2, 3, AND 4 OF JJR DAVIS FOURTH ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA 2. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a 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, Owners 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: a. General conformance with the conceptual site plan dated 11-17-15; b. No outdoor storage shall be permitted on the property; and c. Exterior lights shall be mounted no more than 25' (feet) in height above grade. 4. The Owners and Applicant acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2015), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owners and Applicant 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 Owners and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this�dayof " �2 _ CITY OF IOWA CITY OWNERS By: Mayor , Trustee of the Harold John Dane, Jr. Revocable Trust Attest: Marian K. Karr, City Clerk By: Trustee of the Allegra a G. Dane Revocable Trust ,f Approved by•- By: City Attorney's Office Ja s R. Davis By , of Shottenkirk ICR, L.L.C. 2 APPLICANT By: of Build to Suit, L.L.C. CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 20_ by (Mayor) and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) HAROLD JOHN DANE JR REVOCABLE TRUST ACKNOWLEDGEMENT State of County of This record was acknowledged before me on , 20_ by (Name(s) of individual(s)) as TRUSTEE of the Harold John Dane, Jr. Revocable Trust. Notary Public in and for the State of (Stamp or Seal) Title (and Rank) My commission expires: ALLEGRA G DANE REVOCABLE TRUST ACKNOWLEDGEMENT State of County of 3 This record was acknowledged before me on , 20_ by (Name(s) of individual(s)) as TRUSTEE of the Allegra G Dane Revocable Trust. Notary Public in and for the State of (Stamp or Seal) Title (and Rank) My commission expires: JAMES R. DAVIS ACKNOWLEDGEMENT: SS: f' A� e Nye,/v/, f '. This instrument was acknowledged before me on -' :.y =' '.20 d by James R. Davis. Notary`Public in and for said County and State (Stamp or Seal) JOSHUA S. KENT Title (and Rank) NOTARY FUSLIC STATE OF FLORIDA My commission expires: • Comm#EE846888 9WOR W&2016 SHOTTENKIRK IRC LLC ACKNOWLEDGMENT: State of County of This record was acknowledged before me on (Name(s) of individual(s)) as such as officer or trustee) of Shottenkirk IRC, L.L.C. BUILD TO SUIT ACKNOWLEDGMENT: State of _ County of 20_ by (type of authority, Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) My commission expires: 4 This record was acknowledged before me on _ (Name(s) of individual(s)) as such as officer or trustee) of Build to Suit, L.L.C. 20_ by (type of authority, Notary Public in and for the State of (Stamp or Seal) Title (and Rank) My commission expires: 5 Prepared by: John Yapp, Development Services Coordinator, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252 (VAC15-00005) ORDINANCE NO. ORDINANCE VACATING AIR RIGHTS ABOVE PUBLIC RIGHT-OF-WAY IN NORTH - SOUTH ALLEY BETWEEN HARRISON AND PRENTISS STREETS (VAC15-00005) WHEREAS, the applicant, MidWestOne Bank, has requested that the City vacate and convey to the applicant the air rights above the alley running north -south betwee/aa on and East Prentiss Streets; and WHEREAS, MidW stOne Bank intends to build an abolosed pedestrian walkway to provide a secure, convenien pedestrian connection between theicipal parking facility and the MidWestOne Bank Building; a d WHEREAS, the air righ to be vacated are 25 feet abod will allow the street level to remain available for vehicle and pe estrian traffic; and WHEREAS, the enclosed p destrian walkway will offof clearance so access for emergency, utility, and service vehicle wl not be restricted; and WHEREAS, all adjacent propertiesy!-nn to have treet level access to the alley; and WHEREAS; there does not appeaother f ctors that warrant retention of this,wrtion (air rights) of right-of-way; and WHEREAS, the Planning and Zonsi n has the reviewed the propos �catl of aatl-^ has recommended approval of the applicatiity staff approval of the design off -0r cywslk.NOW, THEREFORE, BE IT ORDAINED BC UNCIL OF THE CITY OF IOWA� IOWA: FSECTION I VACATION. The City ohere y vacates that portion of puighf�f-way un described as follows: ,�;." cc.€C_F � COMMENCING AT THE NORTHEAS CORNER OF LOT 8, LOCK 8 COUNTY SEAT ADDITION, IOWA CITY, JOHNSON COUNTY, IOW ,ACCORDING TO THE P Y OF SURVEY (RETRACEMENT) RECORDED IN PLAY BOOK 56 AT PAGE 267 IN THE RECO OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S 0°43'01 "E, ALONG THE EAS LY LIN OF SAID LOT 8, A DISTANCE OF 27.00 FEET TO THE OINT OF BEGINNING; THENCE 9°20'15"E, 20.00 FEET TO A POINT ON THE WESTERLY LINE OF LOT 1 OF SAID BLOCK 8, COU TY SEAT ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA THENCE S00°43'01"E, ALONG SAID W TERLY LINE, 10.00 FEET; THENCE S89°20'15"W, 20.00 F ET TO A POINT ON SAID EASTERLY L E OF LOT 8; THENCE N00°43'01"W, ALONG SAID ASTERLY LINE, 10.00 FEET TO THE P NT OF BEGINNING, COINTAINING A FOOTPRINT F .0005 ACRE (200 SQUARE FEET), TOGETHER ITH AN EASEMENT OVER THE ALLEY BELOW E AIR RIGHTS VACATION AREA FOR REASONABL ACCESS TO THE AIR RIGHTS VACATION A A FOR INSTALLATION, REPAIR, MAINTENANCE AND PLCACEMENT OF A SKYWALK, ALL BE G SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 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. Ordinance No. • Page 2 Passed and approved this day of '20—. ATTEST Prepared by: John Yapp, Development Services Coordinator, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252 _ (VAC15-00005) ORDINANCE NO. ORDINANCE VACATING AIR RIGHTS ABOVE PUBLIC RIGHT-OF-WAY IN NORTH - SOUTH ALLEY BETWEEN HARRISON AND PRENTISS STREETS (VAC15-00005) WHEREAS, the applicant, MidWestOne Bank, has requested that the City vacate and convey to the applicant the air rights above the alley running north -south between East Harrison and East Prentiss Streets; and WHEREAS, MidWestOne Bank intends to build an above -grade enclosed pedestrian walkway to provide a secure, convenient pedestrian connection between the planned municipal parking facility and the MidWestOne Bank Building; and WHEREAS, the air rights to be vacated are 25 feet above grade and will allow the street level to remain available for vehicle and pedestrian traffic; and WHEREAS, the enclosed pedestrian walkway will offer 25 feet of clearance so access for emergency, utility, and service vehicle will not be restricted; and WHEREAS, all adjacent properties will continue to have street level access to the alley; and WHEREAS; there does not appear to be any other factors that warrant retention of this portion (air rights) of right-of-way; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of and has recommended approval of the application subject to City staff approval of the design of the skywalk. 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 all those air rights and all of the air space between a plane elevation of 25 feet above existing grade and a plane elevation of 46 feet above existing grade over and above the following described real property located in Johnson County, Iowa to wit: COMMENCING AT THE NORTHEAST CORNER OF LOT 8, BLOCK 8 COUNTY SEAT ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE PLAT OF SURVEY (RETRACEMENT) RECORDED IN PLAT BOOK 56 AT PAGE 267 IN THE RECORD OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°43'01"E, ALONG THE EASTERLY LINE OF SAID LOT 8, A DISTANCE OF 27.00 FEET TO THE POINT OF BEGINNING; THENCE N89020115"E, 20.00 FEET TO A POINT ON THE WESTERLY LINE OF LOT 1 OF SAID BLOCK 8, COUNTY SEAT ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S00043101"E, ALONG SAID WESTERLY LINE, 10.00 FEET; THENCE S89°20'15"W, 20.00 FEET TO A POINT ON SAID EASTERLY LINE OF LOT 8; THENCE N00043'01 "W, ALONG SAID EASTERLY LINE, 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING A FOOTPRINT OF .0005 ACRE (200 SQUARE FEET), ALL BEING 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 day of .20 Ordinance No. Page 2 MAYOR: ATTEST: CITY CLERK Approved by: 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: ABSENT: First Consideration Vote for passage: Dobyns, Hayek, Second Consideration _ Vote for passage: Date published Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 12/15/2015 that the AYES: Payne, Throgmorton, Botchway, Dickens, Mims. NAYS: None. ABSENT: None. GP cr, C CD Prepared by: John Yapp, Development Services Coordinator, 410 E. Washington Street, Iowa City R:4240�g 9-35 2 (VAC15-00006) ORDINANCE NO. ORDINANCE VACA ING PORTION OF PUBLIC RIGHT -OF AY LOCATE"ETWEEN 124 W BENTON STR T AND 731 S RIVERSIDE DRIVE (V C15-00006) WHEREAS, the applicant, Kum & Go L.C., has re/vacating the City vacate and convey to the applicant the right-of-way for one po\adja iley betweenSt. and 731 Riverside Dr.; and WHEREAS, all other portiohave been conveyed to private owners; and WHEREAS, this portion wamitted fromations; and WHEREAS, Kum & Go owt property this portion of the alley will allow for a unified parcel under common own WHEREAS, Kum & Go intends to WHEREAS, all development will adhere to Crossings form -based code; and WHEREAS, commercial redevelopment,bt this Crossings Master Plan; and WHEREAS, because this righ installed within the easement areas, no WHEREAS, the Planning and has recommended approval of the app NOW, THEREFORE, BE IT O SECTION I VACATION. described as follows: store and gas station; and design and building standards of the Riverfront promotes the goals of the Riverfront is not open to t1Qe public and the utility lines have not been m or provision o tilities will be affected; and Commission has theNreviewed the proposed vacation of and BY THE CITY COUNCIL OF T% CITY OF IOWA CITY, IOWA: of Iowa City hereby vacates tNat portion of public right-of-way LEGAL DESCRIPTION THE EAST HALF OF THE/ALLEY ADJACENT TO LOT 5 IN BLOCK 1 OFC TWRIGHT'S ADDITION TO IOWA CITY, IOWA, #CCORDING TO THE PLAT THEREOF RECOREDED DEED BOX 13, PAGE 432, RECORDS OF JO NSON COUNTY, IOWA. All ordinances and parts of ordinances in conflict with tke provisions of this Ordinance are here repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or uncon1cr utional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provisio 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. 6e ..ummun� Prepared by: John Yapp, Development Services Coordinator, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252 (VAC15-00006) ORDINANCE NO. ORDINANCE VACATING PORTION OF PUBLIC RIGHT-OF-WAY LOCATED BETWEEN 124 W BENTON STREET AND 731 S RIVERSIDE DRIVE (VAC15-00006) WHEREAS, the applicant, Kum & Go L.C., has requested that the City vacate and convey to the applicant the right-of-way for one portion of the alley between 124 Benton St. and 731 Riverside Dr.; and WHEREAS, all other portions of the alley have been vacated and conveyed to private owners; and WHEREAS, this portion was singularly omitted from previous vacations; and WHEREAS, Kum & Go owns all adjacent property and vacating this portion of the alley will allow for a unified parcel under common ownership; and WHEREAS, Kum & Go intends to construct a convenience store and gas station; and WHEREAS, all development will adhere to the design and building standards of the Riverfront Crossings form -based code; and WHEREAS, commercial redevelopment at this intersection promotes the goals of the Riverfront Crossings Master Plan; and WHEREAS, because this right-of-way is not open to the public and the utility lines have not been installed within the easement areas, no circulation or provision of utilities will be affected; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of and has recommended approval of the application. 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 THE EAST HALF OF THE ALLEY ADJACENT TO LOT 5 IN BLOCK 1 OF CARTWRIGHT'S ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECOREDED IN DEED BOX 13, PAGE 432, RECORDS OF JOHNSON COUNTY, IOWA. 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. Ordinance No. Page 2 Passed and approved this day of MAYOR: ATTEST. CITY CLERK 20_ Approved by: City Attorney's O�ce� 3v �— Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration -12/15/2015 Vote for passage: AYES: Throgmorton, Botchway, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 14 Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 15-4649 ORDINANCE AMENDING TITLE 3, "FINANCE, TAXATION AND FEES" CHAPTER 7, "IOWA CITY DOWNTOWN SELF SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT" OF THE CITY CODE, TO RE-ESTABLISH THE IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT (SSMID) PURSUANT TO THE PROVISIONS OF CHAPTER 386, CODE OF IOWA; AND PROVIDING FOR THE ESTABLISHMENT OF AN OPERATION FUND AND THE LEVY OF AN ANNUAL TAX IN CONNECTION THEREWITH. WHEREAS, the City of Iowa City is authorized by Chapter 386, Code of Iowa (the "Act") to create a self -supported municipal improvement district in the City, to provide for the existence and operation of such district, to provide for the maintenance of improvements or self-liquidating improvements for such district, and to levy taxes with respect to such district, all as more specifically defined in the Act; and, WHEREAS, Ordinance No. 11-4460 adopted on December 6, 2011 established the Iowa City Downtown Self -Supported Municipal Improvement District (SSMID District) for a period of four (4) years; and, WHEREAS, on September 11, 2015 a Petition was filed to re-establish the SSMID District for a period of ten (10) years with expanded boundaries as described therein ("Proposed District"); and, WHEREAS, on September 15, 2015, the City Council received the Petition and referred it to the City's Planning and Zoning Commission for review in accordance with the Act; and, WHEREAS, on November 10, 2015 the City Council received the report of the City's Planning and Zoning Commission on the merit and feasibility of the Proposed District; and, WHEREAS, on October 6, 2015, the City Council scheduled a public hearing for November 10, 2015, at 7:00 P.M., at which it proposed to take action for the establishment of the Proposed District, and did direct that notice of such hearing be given in accordance with the Act; and, WHEREAS, on October 22, 2015 notice of the hearing was published in the Iowa City Press Citizen and a copy of such notice was mailed by certified mail to all the owners of record of real property located within the Proposed District as shown by the records of the Johnson County Auditor, in satisfaction of the notice requirements of the Act; and, WHEREAS, at the aforementioned time and place, the City Council did meet and hear all owners of property in the Proposed District and residents of the City desiring to express their views with respect to the establishment of the Proposed District; and, WHEREAS, on November 10, 2015, the City Council closed the public hearing on the creation of the Proposed District and found that the Petition and the Proposed District satisfied the applicable requirements imposed by the Act; and, WHEREAS, final adoption of the ordinance by the City Council will not occur until thirty days has passed since the public hearing on the creation of the Proposed District was closed, and final adoption will not occur if a petition containing the requisite number of signatures that would require the matter to be withdrawn from Council consideration has been filed with the City Clerk opposing the creation of the Proposed District. NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Iowa City, Iowa, Section I. Chapter 7 entitled "Iowa City Downtown Self Supported Municipal Improvement District" Title 3, "Finances, Taxation and Fees" of the City Code, is hereby repealed and the following is inserted in lieu thereof: In accordance with Iowa Code Chapter 386 there is hereby established and created in the City of Iowa City, a self -supported municipal improvement district as defined in the Act, the name of which shall be the "Iowa City Downtown Self -Supported Municipal Improvement District" (herein the "District"), which District is also known as the Iowa City Downtown District. The District shall include all property within the following described boundaries: BEGINNING AT THE WEST RIGHT-OF-WAY LINE OF GILBERT STREET WHERE IT INTERSECTS THE SOUTH LINE OF THE EAST -WEST ALLEY IN BLOCK 57, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE WEST ALONG THE SOUTH LINE OF SAID ALLEY TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF LINN STREET; THENCE SOUTH ALONG THE WEST RIGHT-OF-WAY LINE OF LINN STREET TO THE NORTHEAST CORNER OF THE SOUTH 60 FEET OF LOT 8, BLOCK 69, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTH 60 FEET OF LOT 8, TO A POINT ON THE WEST LINE OF SAID LOT 8; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 8 AND ITS SOUTHERLY EXTENSION TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET; THENCE EAST 5.00 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF BLOOMINGTON STREET TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 2012099 AS RECORDED IN PLAT BOOK 57 AT PAGE 120 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOUTHERLY, ALONG THE WESTERLY LINE OF SAID AUDITOR'S PARCEL 2012099, TO THE SOUTHWEST CORNER OF SAID AUDITOR'S PARCEL 2012099; THENCE EAST ALONG THE NORTH LINE OF THE PLATTED EAST -WEST ALLEY IN BLOCK 68, ORIGINAL TOWN OF IOWA CITY, IOWA, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF LINN STREET; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH LINE OF SAID PLATTED EAST -WEST ALLEY IN SAID BLOCK 68; THENCE WEST ALONG SAID SOUTH LINE OF THE PLATTED EAST -WEST ALLEY IN BLOCK 68, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF DUBUQUE STREET; THENCE SOUTH ALONG THE EAST RIGHT-OF-WAY LINE OF DUBUQUE STREET TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF JEFFERSON STREET; THENCE EAST ALONG THE SOUTH RIGHT-OF-WAY LINE OF JEFFERSON STREET, TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF GILBERT STREET; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE OF GILBERT STREET, TO A POINT 10 FEET SOUTH OF THE NORTHEAST CORNER OF LOT 3, BLOCK 60, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE EAST ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 5, BLOCK 45 ORIGINAL TOWN OF IOWA CITY, IOWA AND ALONG THE NORTH LINE OF SAID LOT 5, TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 5, TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF IOWA AVENUE; THENCE WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF IOWA AVENUE, TO ITS INTERSECTION WITH THE EAST RIGHTOF- WAY LINE OF CLINTON STREET; THENCE SOUTH ALONG THE EAST RIGHT-OF-WAY LINE OF CLINTON STREET TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON STREET; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON STREET TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CAPITOL STREET; THENCE SOUTH ALONG THE EAST RIGHT-OFWAY LINE OF CAPITOL STREET TO ITS INTERSCTION WITH THE SOUTH RIGHTOF- WAY LINE OF BURLINGTON STREET; THENCE EAST ALONG THE SOUTH RIGHT-OF-WAY LINE OF BURLINGTON STREET TO A POINT ON THE WEST LINE OF THE EAST 25 FEET OF LOT 8, BLOCK 101, ORIGINAL TOWN OF IOWA CITY, IOWA; (SEE RETRACEMENT PLAT OF SURVEY RECORDED IN PLAT BOOK 57 AT PAGE 336 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE) THENCE SOUTH ALONG SAID WEST LINE AND ALONG THE WEST LINE OF THE EAST 25 FEET OF THE NORTH 50 FEET OF LOT 7, BLOCK 101; THENCE EAST TO A POINT ON THE EAST LINE OF SAID LOT 7; THENCE NORTH ALONG THE EAST LINE OF LOT 7, 10 FEET; THENCE EAST 20 FEET TO A POINT ON THE WEST LINE OF LOT 2, BLOCK 101; THENCE SOUTH ALONG THE EAST LINE OF A NORTH -SOUTH ALLEY IN BLOCK 101, TO A POINT ON THE NORTH LINE OF THE SOUTH 70 FEET OF LOT 4; THENCE EAST ALONG SAID NORTH LINE, AND ITS EASTERLY EXTENSION TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF CLINTON STREET; THENCE NORTH ALONG THE EAST LINE OF CLINTON STREET, TO A POINT ON THE SOUTH LINE OF THE NORTH 44 FEET OF LOT 5, BLOCK 102, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE EAST ALONG SAID SOUTH LINE AND ITS EASTERLY EXTENSION, TO A POINT ON THE EAST LINE OF THE PLATTED NORTH-SOUTH ALLEY IN SAID BLOCK 102; THENCE NORTH ALONG THE EAST LINE OF SAID PLATTED NORTH-SOUTH ALLEY, TO A POINT ON THE SOUTH LINE OF THE NORTH 37 FEET OF LOT 1, BLOCK 102; THENCE EAST ALONG SAID SOUTH LINE OF THE NORTH 37 FEET OF LOT 1, BLOCK 102, AND ITS EASTERLY EXTENSION, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF DUBUQUE STREET; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE OF DUBUQUE STREET TO THE SOUTHWEST CORNER OF LOT 8, BLOCK 103, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 8 AND THE SOUTH LINE OF LOT 1, BLOCK 103 AND ITS EASTERLY EXTENSION, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF LINN STREET; THENCE SOUTH ALONG THE EAST LINE OF LINN STREET, TO A POINT ON THE SOUTH LINE OF THE NORTH 35 FEET OF LOT 10, JOHNSON'S SUBDIVISION OF OUT LOT 24, IN IOWA CITY; THENCE EAST ALONG SAID SOUTH LINE OF THE NORTH 35 FEET OF LOT 10, JOHNSON'S SUBDIVISION OF OUT LOT 24 AND ITS EASTERLY EXTENSION, TO A POINT ON THE EAST LINE OF THE PLATTED NORTH-SOUTH ALLEY IN SAID JOHNSON'S SUBDIVISION OF OUT LOT 24; THENCE NORTH ALONG THE EAST LINE OF SAID PLATTED NORTH -SOUTH ALLEY, IN SAID JOHNSON'S SUBDIVISION OF OUTLOT 24 TO THE SOUTHWEST CORNER OF LOT 6, SAID JOHNSON'S SUBDIVISION OF OUT LOT 24; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 6, A DISTANCE OF 35.44 FEET MORE OR LESS; THENCE NORTH 4.71 FEET MORE OR LESS; THENCE EAST 115 FEET MORE OR LESS TO A POINT 105 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 6; THENCE CONTINUING EAST TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF GILBERT STREET; THENCE NORTH ALONG THE EAST RIGHT OF WAY LINE OF GILBERT STREET TO A POINT 85 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 1, LYMAN COOK'S SUBDIVISION OF OUTLOT 25 OF THE ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE EAST 185 FEET; THENCE NORTH 81 FEET; THENCE WEST 10 FEET; THENCE NORTH 4 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BURLINGTON STREET; THENCE EAST TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF VAN BUREN STREET; THENCE NORTH ALONG THE WEST RIGHT-OF-WAY LINE OF VAN BUREN STREET, TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF IOWA AVENUE; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF IOWA AVENUE TO THE NORTHEAST CORNER OF LOT 3, BLOCK 44, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE NORTH ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 6, BLOCK 45, ORIGINAL TOWN OF IOWA CITY, IOWA, ALONG SAID EAST LINE OF LOT 6 AND ALONG ITS NORTHERLY EXTENSION TO A POINT ON THE NORTH LINE OF THE EAST-WEST ALLEY IN SAID BLOCK 45; THENCE WEST ALONG THE NORTH LINE OF SAID EAST-WEST ALLEY, TO ITS INTERSECTION WITH THE EAST RIGHT- OFWAY LINE OF GILBERT STREET; THENCE NORTH ALONG THE EAST RIGHT-OF-WAY LINE OF GILBERT STREET, TO ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF JEFFERSON STREET; THENCE EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF JEFFERSON STREET TO ITS INTERSECTION WITH THE EAST LINE OF THE WEST 65 FEET OF LOT 6, BLOCK 46, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE NORTH ALONG THE EAST LINE OF THE WEST 65 FEET OF LOT 6, BLOCK 46 AND ITS NORTHERLY EXTENSION, TO ITS INTERSECTION WITH THE NORTH LINE OF THE EAST-WEST ALLEY IN BLOCK 46; THENCE WEST ALONG THE NORTH LINE OF THE EAST-WEST ALLEY IN BLOCK 46, TO THE SOUTHEAST CORNER OF LOT 4, BLOCK 46; THENCE NORTH ALONG THE EAST LINE OF LOT 4, BLOCK 46 AND ITS NORTHERLY EXTENSION AND ALONG THE EAST LINE OF THE SOUTH 25 FEET OF LOT 5, BLOCK 47, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE WEST ALONG THE NORTH LINE OF THE SOUTH 25 FEET OF LOT 5, BLOCK 47, AND ITS WESTERLY EXTENSION TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF GILBERT STREET; THENCE NORTH ALONG THE WEST RIGHT-OF-WAY LINE OF GILBERT STREET TO THE POINT OF BEGINNING; AND EXCEPTING THOSE PROPERTIES ZONED NEIGHBORHOOD PUBLIC, WHICH ARE AS FOLLOWS: THE NORTH 1 I O' OF THE WEST 58.5' OF LOT 4 BLOCK 65 LOTS 7, 8, AND THE EAST 20' LOT 6 BLOCK 65 THE WEST 58.5' OF N 110' OF LOT 4 BLOCK 65 LOT 5 AND THE WEST 28.66' OF LOT 6 BLOCK 61 TH EEAST 38.3' LOT 6, ALL OF LOT 7, AND THE WEST 39.7' OF LOT 8 BLOCK 58 3. It is hereby found and determined that all of the property within the District is similarly related so that the present and potential use or enjoyment of the property is benefitted by the condition, performance of administration, redevelopment, revitalization and maintenance of the District and the owners of property in the District have a present and potential benefit from the condition, performance of administration, redevelopment, revitalization and maintenance of the District. 4. Pursuant to the provisions of the Act, there is hereby established and created a self -supported municipal improvement district operation fund with respect to the District to be known as the "Iowa City Downtown Self -Supported Municipal Improvement District Operation Fund" (herein the "Operation Fund"), for which the City may certify taxes (the "Operation Tax") against the property, as defined in the Act (excluding property assessed as residential property for property tax purposes), within the District (the "Property") each year, in addition to all other taxes, commencing with the levy of taxes for collection in the fiscal year beginning July 1, 2016 for the purposes of paying the administrative and operational expenses of the District, as defined and authorized in the Act or paying part or all of the maintenance expenses of "improvements" or "self-liquidating improvements", as defined in the Act, for a period of ten (10) years. 5. The City may disburse the amounts collected in the Operation Fund, in accordance with the recommendations of the Iowa City Downtown District Board of Directors as described in paragraph 5 of the Petition, for one or more of the following purposes: a. Development and management of activities in support of marketing, business retention and attraction, including, but not limited to: • Establish Customer Relations Management (CRM) or other property databases, • Space referrals and assistance, • Marketing, advertising, and informational campaigns, including advertising, social media, print and digital media releases, • Miscellaneous business support services, • Establishment and promotion of special events, festivals, and activities, and • A contingency fund for extraordinary expenses. b. Physical or other improvements designed to enhance the image and appearance of the District, including, but not limited to: • Lighting Improvements, • Decorative enhancements, signage and campaign banners, • Landscaping, and • Public or private art. c. To employ an Executive Director and staff who shall work for the Board of Directors of the District to manage the work of the District and to fulfill the intent of the Petition and ordinance. 6. The rate of the Operation Tax to be levied annually, in addition to all other taxes, as aforesaid, shall not exceed: 1) For the period of July 1, 2016 through June 30, 2021, a rate of two dollars ($2) per one thousand dollars ($1,000) of taxable value, commencing with the levy of taxes for collection in the five fiscal years beginning July 1, 2016; and, 2) For the period July 1, 2021 through June 30, 2026, a rate of two dollars and fifty cents ($2.50) per one thousand dollars ($1,000) of taxable value for collection in the five fiscal years beginning July 1, 2021. 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. Passed and approved this 15th day of December , 2015. ATTEST: ))U� �C . 9yiJy CIT `66ERK tV�roved by u,, -z /v -30 -lJ City Attorney's Office Ordinance No. 15-4649 Page 6 It was moved by Payne and seconded by Botchwa Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton that the ABSTAIN: x x First Consideration 11/10/2015 Vote for passage: AYES: Dobyns, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None. ABSTAIN: Dickens, Hayek. Second Consideration _ Vote for passage: Date published 12/24/2015 Moved by Payne, seconded by Botchway, 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 second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Dobyns, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSTAIN: Dickens, Hayek. ABSENT: None. 12 15 Prepared by: Kristin Watson, Human Rights Investigator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5015 ORDINANCE NO. 15-4650 ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN RIGHTS," TO MAKE THE TITLE ALIGN WITH THE FAIR HOUSING ACT AND TO UPDATE ITS GENERAL PROVISIONS. WHEREAS, the City Code presently protects individuals from various types of discrimination including housing discrimination; and WHEREAS, such protection is not currently in alignment with the Fair Housing Act; WHEREAS, the Human Rights Commission and the City's Analysis to Impediments to Fair Housing (2013) both recommend amending Title 2 to make it align with the Fair Housing Act; WHEREAS, in order to make Title 2 align with the Fair Housing Act, many provisions need to be amended although few need to be amended substantively; WHEREAS, in addition to making Title 2 align with the Fair Housing Act, additional provisions should be updated and clarified; 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. Title 2, entitled "Human Rights" is hereby amended by: 1. Making the following changes to Section 2-1-1: A. Adding the following definitions in Section 2-1-1: AGGRIEVED PERSON: Any person who: 1) claims to have been injured by a discriminatory housing practice; or 2) believes that such person will be injured by a discriminatory housing practice that is about to occur. COVERED MULTI -FAMILY DWELLING: 1) a building consisting of four (4) or more dwelling units if the building has one or more elevators; or 2) the ground floor units of a building consisting of four (4) or more units. DWELLING: Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. B. Replacing the phrase "in not in session" with the phrase "is not in session" in the definition of COURT. C. Deleting the definition HOUSING ACCOMMODATION. D. Deleting the definition of PERSON and replacing it with the following new definition of PERSON: One or more individuals; partnerships; associations; corporations; legal representatives; trustees; receivers; the city or any board, commission, department or agency thereof; all other governmental units conducting any activity in the city; labor organizations; trustees in cases under title 11 of the United States Code, as amended; and fiduciaries. E. Deleting the definition of RESPONDENT and replacing it with the following new definition of RESPONDENT: A person who is alleged to have committed an act prohibited by this title, against whom a complaint has been filed under this title, or who has been identified in the course of investigation as required with respect to respondents so identified under Section 2-44A. 2. Deleting the word "citizens" and replacing it with "individuals" in Sections 2-1-2 and 2-2-1. 3. Deleting the word "to" in the introductory sentence of Section 2-2-2. 4. Revising the title of Section 2-2-4 to read "RECORDS TO BE CONFIDENTIAL; EXCEPTIONS." 5. Adding the following paragraphs 3 and 4 to Subsection 2-2-4 A: 3. If a mediation agreement regarding a housing complaint is made public according to the provisions of Section 2-4-2 of this title. 4. The final investigative report is made available to the parties or a party's attorney according to the provisions of Section 2-4-2 of this title. 6. Renumbering Section 2-3-5 as Section 2-3-8, deleting Subsection C of new Section 2-3-8, and adding the following new Subsection C: C. Any person to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected this title. 7. Adding a new Section 2-3-5 entitled HOUSING; EXCEPTIONS as follows: It shall be an unlawful or discriminatory practice for any person to: A. Refuse to sell, rent, lease, assign, sublease, refuse to negotiate or to otherwise make unavailable, or deny any real property or housing accommodation or part, portion or interest therein, to any person because of the age, color, creed, disability, gender identity, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents or public assistance source of income of that person. B. Discriminate against any other person in the terms, conditions or privileges of any real estate transaction because of age, color, creed, disability, gender identity, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents or public assistance source of income. C. Directly or indirectly advertise, or in any other manner indicate or publicize in any real estate transaction that any person is not welcome or not solicited because of age, color, creed, disability, gender identity, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents or public assistance source of income. D. Discriminate against the lessee or purchaser of any real property or housing accommodation or part, portion or interest of the real property or housing accommodation, or against any prospective lessee or purchaser of the property or accommodation because of age, color, creed, disability, gender identity, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents, or public assistance source of income of persons who may from time to time be present in or on the lessee's or owner's premises for lawful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar capacity. E. The following exceptions are applicable to this section and Section 2-3-6: 1. Any bona fide religious institution with respect to any qualifications it may impose based on religion, when these qualifications are related to a bona fide religious purpose unless the religious institution owns or operates property for a commercial purpose or membership in the religion is restricted on account of age, color, creed, disability, gender identity, marital status, familial status, national origin, race, sex, sexual orientation, presence or absence of dependents or public assistance source of income. 2. Any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society from limiting the sale, rental or occupancy of dwellings 2 which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of age, color, creed, disability, gender identity, marital status, familial status, national origin, race, sex, sexual orientation, presence or absence of dependents or public assistance source of income. 3. Restrictions based on sex in the rental or leasing of housing accommodations within which residents of both sexes would share a common bathroom facility on the same floor of the building. F. The following are exempt from the prohibitions set forth in this section and section 2-3-6 with the exception of the prohibition on discrimination in advertising set forth in subsection C above: 1. The rental or leasing of four (4) or fewer rooms within a single housing accommodation by the owner of such housing accommodation, if the owner resides therein. 2. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner occupies the premises, or some portion thereof, and actually resides therein. G. Nothing in this title limits the applicability of the city's restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this title regarding familial status apply with respect to housing for older persons. For the purposes of this title, "housing for older persons" means housing: 1. Provided under any state or federal program that is specifically designed and operated to assist elderly persons (as defined in the state or federal program and as determined by the secretary of housing and urban development); or 2. Intended for, and solely occupied by, persons sixty two (62) years of age or older; or 3. Intended and operated for occupancy by at least one person fifty five (55) years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the regulations promulgated by the secretary of housing and urban development shall apply and at least the following two (2) criteria must be present: a. That at least eighty percent (80%) of the units are occupied by at least one person fifty five (55) years of age or older per unit; and b. The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty five (55) years of age or older. However, such housing may not otherwise be restricted on the basis of age, color, creed, disability, gender identity, marital status, familial status, national origin, race, religion, sex, sexual orientation, public assistance source of income or presence or absence of dependents. 8. Renumbering Section 2-5-3 as Section 2-3-6 and retitling as ADDITIONAL UNFAIR OR DISCRIMINATORY HOUSING PRACTICES. 9. Renumbering Section 2-5-6 as Section 2-3-7. 10. Making the following changes to Section 2-4-1: A. In Subsection A, deleting the comma and the phrase "employer, employment agency, or labor organization" after the word "person." 3 B. Deleting Subsection F and replacing it with the following new Subsection F: F. A verified copy of a complaint filed with the state civil rights commission, or its successor, under the provisions of chapter 216, code of Iowa, as amended; or EEOC, or its successor; or HUD, or its successor, shall be sufficient complaint for the purpose of this title if it alleges either in the text thereof or in accompanying statements that the alleged discriminatory practice occurred within this city. C. Deleting the first sentence of Subsection G and replacing it with the following: A complaint or any part thereof may be withdrawn by the complainant at any time prior to notice of a public hearing and thereafter at the discretion of the commission. 11. Making the following changes to Section 2-4-2: A. Deleting Subsection A and replacing it with the following new Subsection A: Upon the filing of a verified complaint, the Human Rights Coordinator shall serve notice on the respondent. Notice shall include both a copy of the complaint and a statement of the respondent's procedural rights and obligations under the law or ordinance. Service shall be effected by certified mail within twenty (20) days of filing for complaints in the areas of employment, public accommodation, credit or education, and within seven (7) days of filing for complaints alleging discrimination in the area of housing. B. Deleting Subsection B. C. In Subsection K, adding "In all complaint areas except housing," to the beginning of the first sentence and changing the capital T in "the" to lowercase. D. Renumbering Subsections C—K as Subsections B—I 12. Renumbering Subsection 2-5-4 C 1-4 as Subsection 2-4-2 J 1-4, adding "In the area of housing," to the beginning of the first sentence of new Subsection 2-4-2J, and changing the capital T in "the" to lowercase in new Subsection 2-4-2J. 13. Deleting Section 2-4-313, renumbering Subsection 2-5-4 F 1-3 as Subsection 2-4-3 D 1-3, adding "In the area of housing" to the beginning of the first sentence and changing the capital T in "the" to lowercase, and adding new Subsection 2-4-3 D 4 as follows: 4. The final administrative disposition of a complaint shall be made within one year of the date of receipt of the complaint, unless it is impracticable to do so. If final administrative disposition within one year is impracticable, the Human Rights Coordinator shall notify the complainant and respondent in writing. 14. Renumbering Section 2-4-4 as Section 2-4-5, deleting new Subsection 2-4-5A and replacing it with the following: A. Following a probable cause determination, the human rights coordinator shall endeavor to eliminate the discriminatory or unfair practice by conciliation, conference and persuasion, unless the coordinator determines conciliation efforts are impracticable. If the conciliation process is determined to be impracticable, the coordinator shall state in writing the reason(s) for bypassing conciliation efforts. 4 15. Renumbering Section 2-5-4 as Section 2-4-4, retitling it as "ADDITIONAL PROCEEDINGS; HOUSING:" and renumbering the following subsections: Subsections 2-5-4 A and B as Subsections 2-4-4 A and B accordingly Subsection 2-5-4 D as Subsection 2-4-4 C Subsection 2-5-4 E as Subsection 2-4-4 D Subsection 2-5-4 C 5 as Subsection 2-4-4 E Subsection 2-5-4 G as Subsection 2-4-4 F Subsections 2-5-4 H—M as Subsections 2-4-4 G—L accordingly 16. Renumbering Section 2-4-6 as Section 2-4-7. 17. Renumbering Section 2-4-5 as Section 2-4-6. 18. Replacing Subsection 2-4-6 J with the following new Subsection J: The election of an affirmative order under subsections A—H of this subsection shall not bar the election of affirmative remedies provided in subsection I of this section. 19. Replacing the first sentence of Subsection 2-4-6 K with the following: In connection with housing discrimination complaints only under this title, the commission may, to vindicate the public interest, assess a civil penalty against the respondent in an amount not to exceed those established by Code of Iowa Chapter 216.15A as amended. 20. Renumbering 2-4-8 as Section 2-4-9. 21. Renumbering Section 2-4-7 as Section 2-4-8. 22. Replacing Subsection 2-4-7 R 4 with the following new Subsection R4: With the exception of hearings regarding housing, the rules of evidence do not apply in a contested case hearing. Findings shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, and may be based upon such evidence even if it would be inadmissible in a jury trial. In a hearing concerning housing, the Federal Rules of Evidence shall apply. The administrative law judge shall give effect to the rules of privilege recognized by law. 23. Deleting Section 2-4-10. 24. Renumbering Section 2-4-9 as Section 2-4-10, retitling as SIXTY DAY RELEASE FROM ADMINISTRATIVE PROCESS; ALTERNATIVE JUDICIAL PROCEEDINGS UPON COMPLAINTS REGARDING EMPLOYMENT, PUBLIC ACCOMMODATIONS, CREDIT AND EDUCATION:, and adding the following after the title of the Section and before Subsection A: This section applies to all complaints except housing. 25. Renumbering Section 2-4-11 as Section 2-4-12. 9 26. Adding the following new Section 2-4-11 This section applies only to complaints in the area of housing. A. A complainant, a respondent, or an aggrieved person on whose behalf a complaint alleging a violation of section 2-3-5 or 2-3-6 of this title was filed, may elect to have the claims asserted in that charge decided in a civil action. 1. The particular party electing to have his or her case decided in a civil rather than administrative action under subsection 2-4-4 K of this title, must do so no later than twenty (20) days after the date of receipt of the probable cause determination. In the event the commission makes such election, it must be made not later than twenty (20) days after the date the determination was issued. 2. The person making the election shall give notice to the human rights coordinator and to all other complainants and respondents to whom the election relates. 3. The election to have the charges of a complaint decided in a civil action as provided here is available only if it is alleged there has been a violation of section 2-3-5 or 2-3-6 of this title. B. An aggrieved person may file a civil action in district court not later than two (2) years after the occurrence or the termination of an alleged discriminatory housing or real estate practice, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing or real estate practice or breach of a conciliation agreement. 1. The two (2) year period does not include the time between the filing of a housing or real estate practice discrimination complaint and the disposition of that complaint by the city attorney. 2. An aggrieved person may file an action under this section whether or not a discriminatory housing or real estate complaint has been filed under sections 2-3-5 and/or 2-3-6 of this title, and without regard to the status of any discriminatory housing or real estate complaint filed under those sections, but: a. If the human rights coordinator obtains a conciliation agreement with the consent of an aggrieved person, the aggrieved person shall not file an action under this section with respect to the alleged discriminatory practice that forms the basis for the complaint except to enforce the terms of the agreement. b. An aggrieved person shall not file an action under this section with respect to an alleged discriminatory housing or real estate practice that forms the basis of a probable cause determination issued by the human rights office if the commission has begun a hearing on the record under this chapter with respect to the charge. 27. In Subsection 2-4-12 A, replacing Subsection A with the following new Subsection A: If timely election to district court is made under subsection 2-4-11 of this chapter, the human rights coordinator may authorize, not later than thirty (30) days after the election is made, the filing of a civil action on behalf of the complainant in district court and the city attorney, or it designated agent, may commence and maintain such action. 28. In Subsection 2-4-12 D, replacing the reference to "subsection 2-4-10 A or B" with "Section 2-4-11." 29. In Subsection 2-4-12 G, replacing the reference to "subsection 2-5-4 U with "Section 2-4-4 K." D 30. Repealing Sections 2-5-1 and 2-5-2. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of December , 2015. MAYOR ATTEST: CfTY RK Approved by: City Attorney's Office 7 Ordinance No. 15-4650 Page 8 It was moved by Payne and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 11/10/2015 Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published ----------------------------- 12/24/2015 Moved by Payne, seconded by Botchway, 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 second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns. NAYS: None. ABSENT: None. 16 Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 15-4651 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," SECTION 3, ENTITLED "ACCESSIBILITY OF RECORDS," AND SECTION 6, ENTITLED "DECALS" TO DELETE A DUPLICATIVE PROVISION AND CLARIFY THE NEED FOR A WARRANT TO ACCESS BUSINESS OFFICES. WHEREAS, Section 5-2-6H of the City Code is contained verbatim in Section 5-2-6F; WHEREAS, Section 5-2-3131 provides a taxicab business must have an accessible business office, and accessible means an office that is staffed 24 hours per day, 7 days a week and subject to inspection by the City without notice; WHEREAS, the U.S. Supreme Court issued an opinion in June 2015 in City of Los Angeles v. Patel ruling that search warrants were required before law enforcement could access hotel registrations; and WHEREAS, it is in the public interest to amend the code to delete the duplicative provision and clarify that a warrant is required before accessing the taxicab business office should access not be voluntarily provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 3, entitled "Accessibility of Records," is amended by deleting the words "without notice" at the end of the second sentence of Subsection B1. 2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 6, entitled "Decals," is amended by deleting Subsection H in its entirety. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of December , 2015. ATTEST: b f CITY -ERK Approved by City Attorney's Office Ordinance No. 15-4651 Page 2 It was moved by Payne and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Mims that the Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 11/10/2015 Voteforpassage: AYES: Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 12/24/2015 Moved by Payne, seconded by Mims, 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 second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Payne, Throgmorton, Botchway, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None.